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Home My WebLink About09-4925 MARTIN PLASTERING CONTRACTORS, INC. Claimant V. SUTLIFF ENTERPRISES, INC., Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. MECHANIC'S LIEN CLAIM 1. Claimant, Martin Plastering Contractors, Inc. ("Martin"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 807 Reading Road, Terre Hill, Pennsylvania, files this Mechanic's Lien Claim as subcontractor. 2. The owner of the property subject to the lien is Sutliff Enterprises, Inc. ("Sutliff'), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 802 South 16th Street, Harrisburg, Pennsylvania. 3. The date on which Martin completed the work for which claim is made was January 29, 2009. 4. Martin contracted with Mass Construction Group, Inc., contractor, and gave formal notice of its intention to file this claim on June 8, 2009. 5. The claim is made for the following labor and materials in repairing the EIFS at Sutliff's showroom/office per the attached scope of work: Labor (36 hours) Materials $1,050.69 793.21 1 Travel and Equipment Costs 235.80 Profit 1,128.30 Total $3,208.00 6. The principal amount claimed to be due is $3,208.00. 7. The improvement and property subject to the lien is the Sutliff showroom/office, , and the adjoining lot, located at 6462 Carlisle Pike, Silver Spring Township, Cumberland County, Pennsylvania. Dated: UI Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 4 ohn G. Milakovic Thomas S. Beckley Attorneys for Claimant 2 VERIFICATION I, James Wolpert, hereby verify that I am an adult individual; that I am authorized to make this verification on behalf of Martin Plastering Contractors, Inc., the Claimant in the foregoing Mechanic's Lien Claim; and that the facts set forth therein are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: n--- (_J ?--°- J es Wolpert, Vice President of Finance/ CFO ATTACHMENT "A" SUTLIFF CADELLAC - ADDITION SCOPE OF WORK EMS REPAIR Unless otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and supervision required to perform the EIFS REPAIR work for this project in accordance with the Drawings and Specifications and all applicable codes. The majority of the Scope of Work is described below; however, the Subcontractor shall be responsible for all Contract Documents to the extent they apply to this work or require coordination or information from this Subcontractor. This Scope of Work includes, but is not limited to the following: 1. Generally, the work will consist of performing all ENS REPAIR work as described on the Drawings and as required to provide a complete and thorough installation in every respect. Subcontractor shall provide own means, tools, equipment and materials necessary to properly perform the work. 2. Work will be performed in accordance with the Construction Schedule; however, not all work can be performed simultaneously or uninterrupted. Portions of the work will be phased to accommodate the operational schedule of the facility. Manpower and materials must be scheduled accordingly. 3. Coordinate work with other trades as applicable to ensure that the removal and/or reinstallation of materials by this Subcontractor or any trade do not occur. 4. Subcontractor will be responsible for protecting adjacent areas while performing the work and for restoration and / or replacement of same, if such damage occurs. EIFS REPAIR work generally includes equipment, labor and material for the following: • A standard Class PB Dryvit exterior insulation and finish systems to be installed on exterior elevations as per drawings. Dryvit system to consist of 2" EPS board, standard reinforcing fabric and one (1) standard color of finish (Texture and color TDB) • Substrate for EPS foam board to be new unpainted Dens Glass sheathing furnished and installed by others • Dryvit work areas consist of 2" EPS board at in lieu of faux as per plans only • Standard mesh and standard Dryvit finish 6. Work shall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Job Site Superintendent. 6. Subcontractor will not be responsible for building permits, but will be responsible for any required over the road or related permits and adhering to all applicable Township requirements. 7. Temporary electric service will be available at the job Site office only. Subcontractor will be responsible to provide own means of power (generators, etc.). 8. Subcontractor shall provide any temporary lighting and power required for work, as required, if lighting and power are not available or are temporarily unavailable. 9. Subcontractor shall perform daily clean-up of own general waste, debris and related items. 10. Subcontractor shall perform work in a safe manner and will be responsible for adhering to all safety regulations set forth by OSHA and Mass Construction Group, Inc. 1 of 2 11. Subcontractor shall coordinate scheduling of work with Mass Construction Group, Inc. for the purpose of coordinating the work of other trades and maintaining the uninterrupted operation of the facility. Subcontractor shall provide sufficient manpower and equipment to meet the Schedule and specific dates. In the event the Subcontractor does not meet the dates mutually agreed upon, Subcontractor shall provide additional manpower and equipment, at the Subcontractor's expense, to make up for lost time and maintain the Schedule. 2 of 2 cS) I t?L c OF 7Hr F; ;; ?:;.'OTARY 2009 JUL 22 AM 10: 15 CUtr1 M T Y Y+ 7... L_Yla? ?.1± ac N` /c/3)- Sheriffs Office of Cumberland County R Thomas Kline ??LED- r ?? / yY Sheri O HE ??titr ?f tutgbrry??? Ronny R Anderson ?g 2009 JUL 3 1 PH 1; 10 Chief Deputy Jody S Smith, CIVIL Process Sergeant OFF,4E rkE SHERIFF Edward L Schorpp Solicitor Martin Plastering Contractors, Inc. Case Number vs. Sutliff Enterprises, Inc. 2009-4925 MLD SHERIFF'S RETURN OF SERVICE 07/22/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sutliff Enterprises, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Notice of Clairr and Mechanics' Lien Claim according to law. 07/27/2009 02:28 PM - Dauphin County Return: And now July 27, 2009 at 1428 hours I, R. Thomas Kline, Sheriff of Cumberland County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Mechanics Lien Claim and Mechanics Lien Claim, upon the within named defendant, to wit: Sutliff Enterprises, Inc. by making known unto Jeff Millar, Manager at 802 South 16th Street Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 22, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF PENNSyL?ANA Martin Plastering Contractors Inc Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sutliff Enterprises, Inc. Defendant NO. 09-4925-MLD 20 09 : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 MARTIN PLASTERING CONTRACTORS, INC. Plaintiff V. SUTLIFF ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4925 MLD COMPLAINT IN ACTION UPON MECHANIC'S LIEN 1. Plaintiff is Martin Plastering Contractors, Inc. ("Martin"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 807 Reading Road, Terre Hill, Pennsylvania. 2. Defendant is Sutliff Enterprises, Inc. ("Sutliff'), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 802 South 16th Street, Harrisburg, Pennsylvania. 3. The name and address of the contractor with whom Martin contracted is Mass Construction Group, Inc., 681 Knight Road, Harrisburg, Pennsylvania. 4. On July 22, 2009, Martin filed a Mechanic's Lien Claim in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 09-4925 MLD, a true and correct copy of which is hereto attached as Exhibit A and the averments of which are hereby adopted by reference and incorporated herein. WHEREFORE, Martin demands judgment in the amount of $2,900.00, plus costs. Dated: Respectfully submitted, r Of Counsel j -- Beckley & Madden ?-? ;ohn _ 212 North Third Street G. Milakovic P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Thomas S. Beckley ` Attorneys for Plaintiff 2 VERIFICATION I, James Wolpert, hereby verify that I am an adult individual; that I am authorized to make this verification on behalf of Martin Plastering Contractors, Inc., the Plaintiff in the foregoing Complaint in Action Upon Mechanic's Lien; and that the facts set forth therein are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ,p?cm?o?rz I J s Wolpert, Vice President of Finance/ O MARTIN PLASTERING : IN THE COURT OF COMMON PLEAS OF CONTRACTORS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. SUTLIFF ENTERPRISES, INC., Owner rv ? y ?'n MECHANIC'S LIEN CLAIM - r in Plastering Contractors, Inc. ("Martin"), a corporation organized and 1. Claimant, Mart existing under the laws of the Commonwealth of Pennsylvania, with offices located at 807 Reading Road, Terre Hill, Pennsylvania, files this Mechanic's Lien Claim as subcontractor. 2. The owner of the property subject to the lien is Sutliff Enterprises, Inc. ("Sutliff'), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 802 South 16'h Street, Harrisburg, Pennsylvania. 3. The date on which Martin completed the work for which claim is made was January 29, 2009. 4. Martin contracted with Mass Construction Group, Inc., contractor, and gave formal notice of its intention to file this claim on June 8, 2009. 5. The claim is made for the following labor and materials in repairing the EIFS at Sutliff's showroom/office per the attached scope of work: Labor (36 hours) Materials $1,050.69 793.21 I Travel and Equipment Costs 235.80 Profit 1,128.30 Total $3,208.00 6. The principal amount claimed to be due is $3,208.00. 7. The improvement and property subject to the lien is the Sutliff showroom/office, , and the adjoining lot, located at 6462 Carlisle Pike, Silver Spring Township, Cumberland County, Pennsylvania. Dated: Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 4 ohri G. Milakovic Thomas S. Beckley 2 Attorneys for Claimant VERIFICATION I, James Wolpert, hereby verify that I am an adult individual; that I am authorized to make this verification on behalf of Martin Plastering Contractors, Inc., the Claimant in the foregoing Mechanic's Lien Claim; and that the facts set forth therein are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: J es Wolpert, Vice President of Finance/ CFO ATTACIIlViENT "A" SUTLIFF CADILLAC - ADDITION SCOPE OF WORK ENS REPAIR. Unless otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and supervision required to perform the E1FS REPAIR work for this project in accordance with the Drawings and Specifications and all applicable codes. The majority of the Scope of Work is described below; however, the Subcontractor shall be responsible for all Contract Documents to the extent they apply to this work or require coordination or information from this Subcontractor. This Scope of Work includes, but is not limited to the following: 1. Generally, the work will consist of performing all ENS REPAIR work as described on the Drawings and as required to provide a complete and thorough installation in every respect. Subcontractor shall provide own means, tools, equipment and materials necessary to properly perform the work. 2. Work will be performed in accordance with the Construction Schedule; however, not all work can be performed simultaneously or uninterrupted. Portions of the work will be phased to accommodate the operational schedule of the facility. Manpower and materials must be scheduled accordingly. 3. Coordinate work with other trades as applicable to ensure that the removal and/or reinstallation of materials by this Subcontractor or any trade do not occur. 4. Subcontractor will be responsible for protecting adjacent areas while performing the work and for restoration and / or replacement of same, if such damage occurs, EIFS REPAIR work generally includes equipment, labor and material for the following: • A standard Class PB Dryvit exterior insulation and finish systems to be installed on exterior elevations as per drawings. Dryvit system to consist of 2" EPS board, standard reinforcing fabric and one (1) standard color of finish (Texture and color TDB) • Substrate for EPS foam board to be new unpainted Dens Glass sheathing furnished and installed by others Dryvit work areas consist of 2" EPS board at in lieu of faux as per plans only • Standard mesh and standard Dryvit finish 6. Work shall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Job Site Superintendent. 6. Subcontractor will not be responsible for building permits, but will be responsible for any required over the road or related permits and adhering to all applicable Township requirements. 7. Temporary electric service will be available at the job Site office only. Subcontractor will be responsible to provide own means of power (generators, etc.). 8. Subcontractor shall provide any temporary lighting and power required for work, as required, if lighting and power are not available or are temporarily unavailable. 4. Subcontractor shall perform daily clean-up of own general waste, debris and related items. 10. Subcontractor shall perform work in a safe manner and will be responsible for adhering to all safety regulations set forth by OSHA and Mass Construction Group, Inc. 1 of 2 11. Subcontractor shall coordinate scheduling of work with Mass Construction Group, Inc. for the purpose of coordinating the work of other trades and maintaining the uninterrupted operation of the facility. Subcontractor shall provide sufficient manpower and equipment to meet the Schedule and specific dates. In the event the Subcontractor does not meet the dates mutually agreed upon, Subcontractor shall provide additional manpower and equipment, at the Subcontractor's expense, to make up for lost time and maintain the Schedule. 2 of 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i_?-v?' Sheriff ?' T 1- iOA's ???rw? urnberfri??# Jody S Smith of 4 3: 5 Chief Deputy ` I c 'o 2 4 P` Richard W Stewart AND ?Q€Y V Solicitor Martin Plastering Contractors, Inc. Case Number vs. 2009-4925 MLD Sutliff Enterprises, Inc. SHERIFF'S RETURN OF SERVICE 09/13/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sutliff Enterprises, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Notice, Complaint in Action Upon Mechanics' Lien and Mechanics' Lien Claim according to law. 09/17/2010 10:55 AM - Dauphin County Return: And now September 17, 2010 at 1055 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice Complaint in Action Upon Mechanics' Lien and Mechanics' Lien Claim, upon the within named defendant, to wit: Sutliff Enterprises, Inc. by making known unto Gregg Sutliff, President of Sutliff Enterprises, Inc. at 802 S. 16th Street, Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 23, 2010 SO ANSWERS, , SHERIFF NOTARY Affirmed and subscribed to before me this day of rc} Gonty Suae Shenffi. 7 pioosot Inc:. Cptfitg Of the S$4eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MARTIN PLASTERING CONTRACTORS INC. VS SUTLIFF ENTERPRISES INC. Sheriff s Return No. 2010-T-2992 And now: SEPTEMBER 17, 2010 at 10:55:00 AM served the within MECHANICS LIEN CLAIM upon SUTLIFF ENTERPRISES INC. by personally handing to GREGG SUTLIFF 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 802 SOUTH 16TH STREET HARRISBURG PA 17104 OTHER COUNTY CASE # 20094925MLD PRESIDENT 1 So Answers, ? k ?e;; ?' ? Sheriff of Dauphin County, Pa. Deputy: B HUNTER Plaintiff: MARTIN PLASTERING CONTRACTORS INC. Sheriffs Costs: $41.25 9/15/2010 Out Of County Cost: Sworn to and su before me this 1 Y "i `- a ONOTARY DAUPHI COUNTY oMM1SSION Y}RES 15T MONDAY JANUARY. 20 MARTIN PLASTERING CONTRACTORS, INC. Plaintiff V. SUTLIFF ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4925 MLD PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended, with prejudice. Dated: [(/17//0 Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, J G. Mi akovic ?A' "r J, z"I omas S. Beckley Attorneys for Plaintiff CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Diane M. Tokarsky, Esquire McNees Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: h // 7I1 U Jo G. Milakovic