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Home My WebLink About09-4926GEM WALL & CEILING : IN THE COURT OF COMMON PLEAS OF CONTRACTORS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Claimant NO. ?y L?GJZ? r?L-D V. SUTLIFF ENTERPRISES, INC., Owner MECHANIC'S LIEN CLAIM 1. Claimant, GEM Wall & Ceiling Contractors, Inc. ("GEM"), 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 GEM completed the work for which claim is made was February 13, 2009. 4. GEM 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 furnishing and installing gypsum wallboard systems and acoustical ceiling at Sutliff s showroom/office per the scope of work hereto attached: Labor (619 hours) $12,170.64 Overhead 5,233.43 Travel and Equipment Expenses 1,947.16 Materials Cost 8,615.95 Other Cost 97.20 Total $28,064.38 6. The principal amount claimed to be due is $20,863.00, which is the contract amount as between GEM and Mass Construction Group, Inc. 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: 112-2-4111 Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 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 GEM Wall & Ceiling 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 Wolpert, Vice President of Finance/ O ATTACHMENT "A" SUTLIFF CADILLAC - ADDITION SCOPE OF WORK DRYWALL, INSULATION AND ACOUSTICAL CEILINGS Unless otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and supervision required to perform the DRYWALL, INSULATION AND ACOUSTICAL CEILINGS 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 Drywall, insulation and acoustical ceilings 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. 5. Generally, the work will consist of performing all drywall, insulation and acoustical ceiling work as described on below and as required to vide a complete and thoroug=Vaocal job in every respect. d Drywall: r`1 w?.? +S til??:oti? G a CG: k +y t 1 • Furnish and install gypsum wall board at all walls, partitions, bulkheads, and other areas as noted and in accordance with the wall types scheduled. Use gypsum board indicated for the assembly (i.e. "M-R.", Fire Rated, etc.). Installation includes tape and spackle, sanded and ready for paint, with all voids and imperfections repaired. • Furnish and install fire-safe caulking between partition and underside of structure, and at all penetrations. Fire-safe caulking shall conform to appropriate assembly. • Foyer wall 200 has been removed and door 200 had been moved to new location at Part storage 205 • At existing rooms where walls were removed patch repair drywall. (offices I' floor) • Furnish and install FRP in unisex bathroom second floor (wet wall only) • Delete men's locker and shower framing and drywall. • Reconfigure woman's room partitions to a new unisex toilet room Cee CovVVc i-.-% ^. ME +st- P1 t ? (t , 3 'd Acoustical Ceilings: • Furnish and install new Armstrong 2' x 2' second Look Fine Fissured # 1766 acoustical ceilings as indicated including Prelude ML Suspension hangers and supports system, grid, tile and related components. • Coordinate sequence of installation with other trades for the installation of ductwork, piping and conduit above the ceiling system, and diffusers, lighting and other items integral to the finished ceiling system. • At existing rooms where walls were removed, take down existing grid and tile and install new grid and ceiling tiles to match existing. 1 of 2 6. Work shall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Job Site Superintendent. 7. 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. 8. Temporary electric service will be available at the job Site office only. Subcontractor will be responsible to provide own means of power (generators, etc.). 9. Subcontractor shall provide any temporary lighting and power required for work, as required, if lighting and power are not available or are temporarily unavailable. 10. Subcontractor shall perform daily clean-up of own general waste, debris and related items. 11. 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. 12. Subcontractor shall coordinate scheduling of work with Mass Construction Group, Inc. for the purpose of coordinating the work of other trades and maintaining the unintmupted 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. ?t'?wQli - St ply ct,,,?- n ask 111tW `'2ACa. LAMA +- ft If AS SkdWn a+, ,?lav?s. ?v.s?tll Mtw F R? pa„`,ts Tt-,«.t uter A *W plyWOMI Ca?S te. S ?1. e? ?+1 : A S?+t u eit e? G* er?s . d-11, 2 of 2 U JJT??Y OF THE FFC i r'CI 2009 JU 22 AM 10: 19 cur: _ r,i-?? ck? Iq 3 3 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor r tr. - . o- OFFICE OF THE $r-ERIFF ^ FILE _ARY J C1 2004 JUL 31 Pik 1: 10 0 , Gem Wall & Ceiling Contractors, Inc. vs. Sutliff Enterprises, Inc. Case Number 2009-4926 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, Jack Lotwick, Sheriff of Dauphin 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 30, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF GEM Wall&Ceiling Contractors,Inc. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sutliff Enterprises, Inc. Defendant No.09-4926-MLD : Civil Term NOTICE TO DEFEND 2009 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 GEM WALL & CEILING CONTRACTORS, INC. Plaintiff v. SUTLIFF ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4926-MLD COMPLAINT IN ACTION UPON MECHANIC'S LIEN 1. Plaintiff is GEM Wall & Ceiling Contractors, Inc. ("GEM"), a Pennsylvania corporation with offices located at 807 Reading Road, Terre Hill, Pennsylvania. 2. Defendant is Sutliff Enterprises, Inc. ("Sutliff'), a Pennsylvania corporation with offices located at 802 South 16th Street, Harrisburg, Pennsylvania. 3. The name and address of the contractor with whom GEM contracted is Mass Construction Group, Inc., 681 Knight Road, Harrisburg, Pennsylvania. 4. On July 22, 2009, GEM filed a Mechanic's Lien Claim in the Court of Common Pleas of Cumberland County, at No. 09-4926-MLD, a true and correct copy of which is hereto attached and the averments of which are hereby adopted by reference and incorporated herein. WHEREFORE, GEM demands judgment in the principal amount of $20,064.38, plus interest from July 22, 2009, plus costs. Dated: -' Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, / f hn G. Milakovic 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 GEM Wall & Ceiling 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: /. ,, e Z`', d d/ a J es Wolpert, Vice President of Finance/ CFO JP GEM WALL & CEILING CONTRACTORS, INC. Claimant V. SUTLIFF ENTERPRISES, INC., Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n N o NO. `ra S., MECHANIC'S LIEN CLAIM 1. Claimant, GEM Wall & Ceiling Contractors, Inc. ("GEM"), 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 GEM completed the work for which claim is made was February 13, 2009. 4. GEM 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 furnishing and installing gypsum wallboard systems and acoustical ceiling at Sutliff's showroom/office per the scope of work hereto attached: Labor (619 hours) $12,170.64 Overhead 5,233.43 Travel and Equipment Expenses 1,947.16 Materials Cost 8,615.95 Other Cost 97.2(1 Total $28,064.38 6. The principal amount claimed to be due is $20,863.00, which is the contract amount as between GEM and Mass Construction Group, Inc. 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: % lZ-- Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, bhn 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 GEM Wall & Ceiling 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: C, --- e... CIJ"tiY i J Wolpert, Vice President of Finance/ O ATTACHMENT "A" SUTLIFF CADILLAC - ADDITION SCOPE OF WORK DRYWALL, INSULATION AND ACOUSTICAL CEILINGS Unless otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and supervision required to perform the DRYWALL, INSULATION AND ACOUSTICAL CEILINGS 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 Drywall, insulation and acoustical ceilings 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 wil l be responsible for protecting adjacent areas while performing the work and for restoration and / or replacement of same, if such damage occurs. 5. Generally, the work will consist of performing all drywall, insulation and acoustical ceiling work as described on below and as required to rovide a complete and thorough ' job in every respect r? (~ "d d Drywall: r `1 u+w.4 ' '???S k (c ?'?;r?+ 4 ??rA A-4ojJ )ca I Cd i 1. .),V • Furnish and install gypsum wall board at all walls, partitions, bulkheads, and other areas as noted and in accordance with the wall types scheduled. Use gypsum board indicated for the assembly (i.e. "M.R.", Fire Rated, etc.). Installation includes tape and spackle, sanded and ready for paint, with all voids and imperfections repaired. • Furnish and install fire-safe caulking between partition and underside of structure, and at all penetrations. Fire-safe caulking shall conform to appropriate assembly. • Foyer wall 200 has been removed and door 200 had been moved to new location at Part storage 205 • At existing rooms where walls were removed patch repair drywall. (offices I" floor) • Furnish and install FRP in unisex bathroom second floor (wet wall only) • Delete men's locker and shower framing and drywall. • Reconfigure woman's room partitions to a new unisex toilet room Cep Cowvc+•.'% n?• Me Ot t 3 --? Acoustical Ceilings: • Furnish and install new Armstrong 2' x 2' second Look Fine Fissured # 1766 acoustical ceilings as indicated including Prelude ML Suspension hangers and supports system, grid, tile and related components. • Coordinate sequence of installation with other trades for the installation of ductwork, piping and conduit above the ceiling system, and diffusers, lighting and other items integral to the finished ceiling system. • At existing rooms where walls were removed, take down existing grid and file and install new grid and ceiling tiles to match existing. I of 2 6. Work stall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Job Site Superintendent. 7. 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. 8. Temporary electric service will be available at the job Site office only. Subcontractor will be responsible to provide own means of power (generators, etc.). 9. Subcontractor shall provide any temporary lighting and power required for work, as required, if lighting and power are not available or are temporarily unavailable. 10. Subcontractor shall perform daily clean-up of own general waste, debris and related items. 11. 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. 12. 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. SLAMN ev A 114 0411 New i=2p ? l 4 +y ft it as Skdwn or. PIaV%S ., alt New F kA pv,4,%s ? T'??Mc vwr.? 44W plywml s4-ru ,k S 1. e?k C?K : ti s+rtu to 4-1 li-3-v )PI 2 of 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy F ILEO-OF ICE U10 SF" 24 F'1 3:;5 Richard W Stewart Solicitor r,? 1 ':x.1S`? P! i Gem Wall & Ceiling Contractors, Inc. Case Number vs. 2009-4926 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 10:56 AM - Dauphin County Return: And now September 17, 2010 at 1056 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 N, SHERIFF NOTARY Affirmed and subscribed to before me this so day of !c1 Gown,ysui[O 5 e:,lfl TOKAYt, in:: Cptfirp- of the ?*hvrfff Mary Jane Snder 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 GEM WALL & CEILING CONTRACTORS INC. VS SUTLIFF ENTERPRISES INC. Sheriff s Return No. 2010-T-2993 And now: SEPTEMBER 17, 2010 at 10:56:00 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 HBG PA 17104 OTHER COUNTY CASE # 20094926MLD PRESIDENT So Answers, Sheriff of Dauphin County, Pa. Deputy: B HUNTER Plaintiff: GEM WALL & CEILING CONTRACTORS INC. Sheriffs Costs: $41.25 9/15/2010 Out Of County Cost: Sworn to and before me th?ii da? f t ? l OTHONOTARY DAUPHI COUNTY OMMISSION Fq?XP,IRES IST 14ONDAY JANUARY, 20-24 0 GEM WALL & CEILING CONTRACTORS, INC. Plaintiff V. SUTLIFF ENTERPRISES, INC., Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA;, , 09-4926-MLD NO . V PRAECIPE Please mark the above-captioned action settled, discontinued and ended, with prejudice. Dated: t j //7/1 D Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, G. Milakovic Thomas S. Beckley Attorneys for Plaintiff r 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: R// -7110 4MJG.ilakovic