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HomeMy WebLinkAbout10-0427FLED-..0i.TICE Clifton R. Guise, Esquire ETA' PA Sup. Ct. ID No. 93537 2010 AIQ 0 Aill 10: L i} GATES, HALBRUNER, HATCH & GUISE, P.C. a? 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 P:(717)731-9600 F: (717) 731-9627 c.guise@gateslawfirm.com (Attorney for Contractor) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA McCorkel Construction Services, Inc. Claimant, V. , No. It) - Yag M Lb R. Hart Enterprises, Inc., Richard P. Hart, Jr., , Nancie J. Hart Defendants . MECHANIC'S LIEN MECHANIC'S LIEN CLAIM AND NOW, comes Claimant, McCorkel Construction Services, Inc., by and through its attorneys, Gates, Halbruner, Hatch & Guise, P.C., and files this Mechanic's Lien and avers as follows: 1. Claimant, McCorkel Construction Services, Inc., is a Pennsylvania Business Corporation with its principal place of business located at 1405 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Claimant is filing this claim as a Subcontractor. ?1q.00 PO ATr/ e?.? I318( a3& iflo a 1 3. The general contractor for the project was R. Hart Enterprises, Inc., a Pennsylvania Business Corporation now of 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania. (hereinafter referred to as "General Contractor") 4. The reputed owners of the real property against whom the Claimant claims a lien are Richard P. Hart, Jr. and Nancie J. Hart, now of 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Owner"). 5. The real property upon which the work was performed is known as Lots 1, 2, 3 & 5 in the Village at Fair Oaks as shown on the Final Subdivision Plan for the Village at Fair Oaks prepared by Alpha Consulting engineers, Inc. recorded in Plan Book 93, Page 84. (hereinafter referred to as "Premises"). 6. Notice pursuant to 49 P.S. § 1501 was served upon the Owners on December 3, 2009 by first class mail and certified mail return receipt requested. 7. The Claimant performed services to include excavation, providing of fill dirt and stone and grading for the General Contractor to improve the Premises. 8. Invoices for the services performed by the Claimant are attached as Exhibit "A" which detail the kind and character of labor and materials provided to the General Contractor by the Claimant. 9. The Claimant is currently owed $16,851.72 plus interest. 10. The Claimant completed his work on October 29, 2009. NOW WHEREFORE, Claimant claims a mechanic's lien in the sum of SIXTEEN THOUSAND EIGHT HUNDRED FIFTY ONE AND 72/100 DOLLARS ($16,851.72) plus interest from October 29, 2009, being the outstanding balance of the agreed upon price of the 2 labor and materials furnished by Claimant for the improvements on the described real property pursuant to Pa. R.C.P. § 1651 et. seq. Respectfully submitted, GATES, HALBRUNER, HATCH & GUISE, P.C. ByeR. Guise Esq. PA Sup. Ct. ID No. 93537 3 EXHIBIT "A" COPY OF INVOICES McCorkel Construction Services 1405 Zimmerman Road Carlisle, PA 17015-9248 Tel: (717) 243-7522 BILL TO R. Hart Enterprises, Inc. 5154 Kylock Road Mechanicsburg, PA 17055 QUANTITY TERMS DUE DATE Due upon rec... 7/20/2009 ITEM CODE I 1 Interest 1 Interest 1 Interest 1 Interest 1 Interest 1 Interest 1 Interest Thank you for your prompt payment! DESCRIPTION Revised: October 27, 2009 Open Balance: $15,18188 - 1.5% Interest on overdue Balance through May 1, 2009 Open Balance: $15,411.63 - 1.5% Interest on overdue Balance through June 1, 2009 Open Balance: $15,642.80 - 1.5% Interest on overdue Balance through July 1, 2009 Open Balance: $15,877.44 - 1.5% Interest on overdue Balance through August 1, 2009 Open Balance: $16,115.60 - 1.5% Interest on overdue Balance through September 1, 2009 Open Balance: $16,357.33 - 1.5% Interest on overdue Balance through October 1, 2009 Open Balance: $16,602.68 - 1.5% Interest on overdue Balance through November 1, 2009 Total Invoice DATE INVOICE # 7/20/2009 1-1784 PRICE EACH 227.75 231.17 234.64 238.16 241.73 245.35 249.04 Payments/Credits Balance Due JOB AMOUNT 227.75 231.17 234.64 238.16 241.73 245.35 249.04 $1,667.84 $0.00 $1,667.84 McCorkel Construction Services 1405 Zimmerman Road Carlisle, PA 17015-9248 Tel: (717) 243-7522 To: R. Hart Enterprises, Inc. 5154 Kylock Road Mechanicsburg, PA 17055 Date Transaction 12/30/2006 Balance forward 01/04/2007 I INV #1-1222 01/17/2007 PMT #5487 02/09/2007 PMT 02/27/2007 PMT #4170 05/31/2007 I INV #1-1324 06/08/2007 PMT #08-07832 - This is a replacement ck. which incl. $35 for NSF fee 06/14/2007 . PMT #028259 06/14/2007 PMT #028259 11/12/2007 INV #1-1400 11/12/2007 PMT #0351 04/01/2009 INV #1-1721 07/20/2009 INV #1-1784 Statement Date 10/27/2009 I Amount Due $16,851.72 Amount 1,183.92 -5,000.00 -2,392.79 -5,000.00 3,086.00 -2,215.50 -9,135.00 -3,086.00 6,713.00 -6,713.00 14,777.58 1,667.84 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS DUE DUE DUE PAST DUE 0.00 0.00 0.00 0.00 16,851.72 Amount Enc. Balance 22,965.67 24,149.59 19,149.59 16,756.80 11,756.80 14,842.80 12,627.30 3,492.30 406.30 7,119.30 406.30 15,183.88 16,851.72 Amount Due $16,851.72 ' Oct 29 09 09:41a Joe McCorkel McCorkel Construction Services 1405 Zimmerman Road Carlisle, PA 17015-9248 Tel: (717) 243-7522 To: R. Hart Enterprises, Inc. 5154 I{ylock Road Mechanicsburg, PA 17055 Date Transaction 12/3012006 Balance forward 01/04/7007 INV #1-1222 01/1712007 PMT 1/5187 02/092007 PMT 022712007 PMT #4170 05/31/2007 IINV #1-1324 06/08/2007 PMT #08-07832 - This is a replacement ek. which incl. $35. for NSF fee 06/14/2007 PMT #028259 06!14/2007 PMT 4028259 11/12/2007 1NV 41-1400 1111212007 PMT #0351 04/0112009 I [NV 91-1721 07/20/2009 INV 41-1784 10129/2009 fNV #I-1831 717-243-3822 p.4 Statement I- --- Date 10/29i2009 Amount Due Amount Enc.---- 223.72 Amount Balance - 22,965.67 1.183.92 24,149.59 -51000.00 19,149.59 -2,392.79 16,7556.80 -5,000.00 11,756.80 3,08,6.00 14,842.80 -2,215.50 12.627.30 -9,135.00 3,492.30 -3,086.00 406.30 6,713.00 7,119.30 -6,713,00 406.30 14,777.58 I 15,183.88 1,667.84 16,851.72 372.00 17,223-72 - ,- - - - CURRENT 1-30 DAYS PAST DUE T 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DA Amount Due PAST DUE i 372.00 0.00 0.00 0.00 16,851.72 $17,223.72 Oct 29 09 09:41a Joe McCorkel McCorkel Construction Services 1405 Zimmerman Road Carlisle, PA 17015-8248 Tel: (717) 243-7522 BILL TO R. Hart Enterprises, Inc. 5154 Kylock Road Mechanicsburg, PA 17055 TERMS DUE DATE 1.5%10 Net 30 10'29/2009 QUANTITY I ITEM CODE I - - - DESCRIPTION - 953 Highlift - grade lot 44 - 08/28/09 4 (hours highlift 717-243-3822 P.5 _ Invoice DATE T INVOICE # L10129/2009 1-1831 .-- __.I - -'*--?.---- JOB _ 71- PRICE EACH AMOUNT -- 93.00 372.00 i -- - - - Total $372.00 Payments/Credits $0.00 Balance Due $372.00 I .2r 13 D,,:4.3p Joe McCorkel 717-243-3822 p.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Construction Services, Inc. Claimant, No. MECHANIC'S LIEN R. Hart Enterprises, Inc., Richar P. Hart, Jr., Nancie. Hart Defendants I have true and VERIFICATION Joseph B. McCorkel, the President of McCorkel Construction Services, Inc. verify that viewed the foregoing Mechanic's Lien Claim and verify the facts contained therein are zorrect to the best of my knowledge, information and belief. I further verify that these s made by me are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn on to authorities. Date: 1 '- l3 1 D J seph B. McCorkel, President 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA McCorkel Construction Services, Inc. Claimant, V. R. Hart Enterprises, Inc., . Richard P. Hart, Jr., Nancie J. Hart Defendants . No. MECHANIC'S LIEN NOTICE OF FILING OF MECHANICS' LIEN CLAIM YOU ARE HEREBY NOTIFIED pursuant to 49 P.S. § 1502 that a Mechanics' Lien Claim in the amount of SIXTEEN THOUSAND EIGHT HUNDRED FIFTY ONE AND 72/100 DOLLARS ($16,851.72) plus interest from October 29, 2009 has been filed on behalf of McCorkel Constructions Services, Inc. against the property commonly identified as Lots 1, 2, 3 & 5 in the Village of Fair Oaks as shown on the Final Subdivision Plan for the Village at Fair Oaks prepared by Alpha Consulting engineers, Inc. recorded in Plan Book 93, Page 84 of which you are the owner or reputed owner. The claim was filed on January _, 2010, in the Court of Common Pleas of Cumberland County, No. hereto. Dated: January 15, 2010 Term. A copy of the claim is attached GATES, HALBRUNER, HATCH & HATCH, P.C. By: 6 Clifton R. Guise Esq. PA Sup. Ct. ID No. 93537 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mcd@jdsw.com McCorkel Construction Services, Inc., Claimant, V. R. Hart Enterprises, Inc., Richard P. Hart, Jr., Nancie J. Hart Defendants L 1 f F m 501,; MAyI0 P13:21 CUMBERLANC COUNTY PENRi Y Rbefendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-427 MILD CIVIL ACTION-LAW MECHANIC'S LIEN RULE TO SHOW CAUSE lr& AND NOW, this day of May, 2012, upon consideration of Defendant's Motion to Strike Mechanic's Lien Claim; IT IS HEREBY ORDERED that a Rule is issued upon the Claimant/Respondent, McCorkel Construction Services, Inc., to show cause why the Defendants/Movants party are not entitled to the relief requested and the Respondent shall file a answer to the Motion within _ days from the date of service of this Order. Distribution: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 /Clifton R. Guise, Esquire Gates, Halbruner, Hatch & Guise, P.C. , 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 eon, e,s rna jed S11V11a 12,9'6 BY COURT: Clifton R. Guise, Esquire PA Sup. Ct. ID No. 93537 GATES, HALBRUNER, HATCH & GUISE, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 P: (717) 731-9600 F: (717) 731-9627 c.guise@galeslawfirm.com (Attorney for Claimant) i l > ?7 ?a 9 ,? , • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA McCorkel Construction Services, Inc. Claimant, V. R. Hart Enterprises, Inc., Richard P. Hart, Jr., Nancie J. Dart Defendants. No. 10-427-MLD CLAIMANT'S RESPONSE TO MOTION TO STRIKE MECHANIC'S LIEN And now, comes Claimant, McCorkel Construction Services, Inc. by and through its counsel, Gates, Halbruner, Hatch & Guise, P.C. and files this Response to Motion to Strike Mechanic's' Lien. 1. Claimant filed a Mechanic's Lien Claim on January 20, 2010; 2. The Mechanic's Lien Claim was filed against Lots 1, 2, 3 & 5 in the Village at Fair Oaks as shown on the Final Subdivision Plan for the Village at Fair Oaks prepared by Alpha Page 1 of 5 Consulting engineers, Inc. recorded in Plan Book 93, Page 84. (hereinafter referred to as "Premises"). 3. On or about November 4, 2010, the Defendant's Richard P. Hart, Jr. and Nancie J. Hart sold Lot 2 to Kimberly Custer. See Deed attached hereto as Exhibit "A". 4. At the time of the sale of Lot 2 to Ms. Custer, the Mechanic's Lien was validly existing and in full force and effect. 5. At the time of the sale to Ms. Custer, $16,851.72 was placed in escrow with the law firm of'Saidis, Sullivan & Rogers, P.C. in order to insure satisfaction of the Mechanic's Lien and guaranty clear title for Ms. Custer to Lot 2. 6. On or about May 18, 2010, Defendant, R. Hart Enterprises, Inc. filed for Chapter 7 Bankruptcy in the U.S. Bankruptcy Court for the Middle District of Pennsylvania at 1:10-bk- 04113-RNO. 7. On or about July 13, 2010, Defendants Richard P. Hart, Jr. and Nancie J. Hart filed for Chapter 7 Bankruptcy in the U.S. Bankruptcy Court for the Middle District of Pennsylvania at 1: 1 0-bk-04924-MDF. 8. Pursuant to the Automatic Stay set forth in 11 U.S.C. 362, Claimant was prevented from filing a Complaint against Defendants to support its Mechanic's Lien. 9. On or about July 30, 2010, the Chapter 7 Bankruptcy for Defendant, R. Hart Enterprises, Inc. was terminated. 10. Therefore, the automatic stay over R. Hart Enterprises, Inc. existed for 73 days. 11. On or about October 24, 2011, the Chapter 7 Bankruptcy for Defendants Richard P. Hart, Jr. and Nancie J. Hart was discharged. Page 2 of 5 12. Therefore, the automatic stay over Defendants Richard P. Hart, Jr. and Nancie J. Hart existed for 468 days. 13. Pursuant to Section 701 of the Pennsylvania Mechanic's Lien Law, Claimant has two years to commence an action against Defendants. 49 P.S. §1701(b). 14. In Citizen's National Bank of Evans City v. Gold, 653 A.2d 1245 (Pa. Super. 1995) the Superior Court held that the six month period to file a petition to fix the value in order to obtain a deficiency judgment was stayed by debtor's filing of the Chapter 13 Bankruptcy petition. In Citizen's the plaintiff bank filed its complaint prior to the defendants filing their bankruptcy petition. The Sheriff's sale of the property was completed during the pendency of the bankruptcy proceeding and the six month statute of limitations for the plaintiff to file a petition to fix the value in order to obtain a deficiency judgment expired during the pendency of the bankruptcy petition. The Superior held that the automatic stay extended the time to file a petition to fix the value in order to obtain a deficiency judgment. 15. Because the statute of limitations for the Claimant to commence an action against Defendants was stayed during the pendency of their Bankruptcy proceedings, the Claimant is entitled to additional time to commence an action against the Defendants. NOW WHEREFORE, Claimant requests that this Court deny Defendants' Motion to Strike Mechanic's Lien. Respectfully submitted, GATES, HALBRUNER, HATCH & GUISE, P.C. Clifton R. Guise Esq. PA ID No. 93537 Page 3 of 5 May 29 12 02:29p Joe McCorkel 717-243-3822 p.4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA McCorkel Construction Services, Inc. Claimant, V. R. Hart Enterprises, Inc., Richard $. Hart, Jr., Nancie J.'' Hart Defendants No. /0 -1`4L-D MECHANIC'S LIEN VERIFICATION I, Joseph B. McCorkel, the President of McCorkel Construction Services, Inc. verify that I have reviewed the foregoing Mechanic's Lien Claim and verify the facts contained therein are true and correct to the best of my knowledge, information and belief. I further verify that these statements made by me are subject to the penalties of 18 P&C.S.A. § 4904 relating to unsworn falsification to authorities. Date: J seph B. McCorkel, President Page 4 of 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA McCorkel Construction Services, Inc. Claimant, vi. No. (0-1(Zf- - ryL-() R. Hart Enterprises, Inc., Richard P.'Hart, Jr., Nancie J. Hart Defendants MECHANIC'S LIEN CERTIFICATE OF SERVICE I, Clifton R. Guise, hereby certify that I served a true and correct copy of the attached Response to Motion to Strike Mechanic's Lien to Defendant on this '"day of May, 2012 via the US Postal Service, first class mail, postage prepaid addressed to: Johnson, Duffie, Stewart, & Weidner Attn: Mark Duffie, Esq. PO Box 109 Lemoyne, PA 17043-0109 GATES, HALBRUNER, HATCH & GUISE, P.C. Clifton R. Guise Esq. PA ID No. 9353 Page 5 of 5 ?'\ ?? ? 2 Parcel No. 13-26-0247-108 DEED al ) THIS DEED, made this t7L? day of cA-ftLr , in the year two thousand ten (2010). BETWEEN RICHARD P. HART, JR. and NANCIE J. HART, husband and wife, Grantors AND KIMBERLY CUSTER, an adult individual Grantee WITNESSETH IN CONSIDERATION of the sum of TWO HUNDRED SIXTY-FIVE THOUSAND and 00/100 (265,000.00) DOLLARS in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto said Grantee, their heirs and assigns: Loc&to-d . Laws ?rl 14 Taw a ?.6?-i,P ALL THAT CERTAIN lot or we of land?known as Lot 2 as depicted on the Final Subdivision Plan for The Village at Fair Oaks prepared by Alpba Consulting Engineers, Inc. recorded in Plan Book 93, Page 84 of the public records in Cumberland County, Pennsylvania being more particularly described as follows: BEGINNING at the northeasterly corner of Lot I of the aforesaid The Village at Fair Oaks, said point also being the common corner between Lot 2 and Lot 1 and along the southern right-of-way of Whitlock Lane North'54 degrees 29 minutes 45 seconds East a distance of 70.00 feet, THENCE along Lot 3 South 35 degrees 30 minutes 15 seconds East a distance of 119.20 feet to a point on the northern right-of-way of Ravenswood Road, THENCE along said right-of-way South 51 degrees 17 minutes 49 seconds West a distance of 70.11 feet; THENCE along Lot 1 North 35 degrees 30 minutes 15 seconds West a distance of 123.10 feet to the point of BEGINNING. CONTAINING 8,481 square feet. BEING PART OF THE SAME PREMISES which Rossmoyne Residential Associates, by Deed dated June 29, 2006 and recorded June 30, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 275, Page 2072, granted and conveyed unto Richard P. Hart, Jr. and Nancie J. Hart, husband and wife, the Grantors herein. UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions, restrictions and other matters of record and any and all matters which an inspection or survey of the property would disclose. TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, passages, waters, water- courses, rights, ,liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of theirs, the said Grantors, in law, equity, or otherwise howsoever, of, in, to or out of the same. TO HAVE AND TO HOLD the said lot or piece of ground above described, with the buildings and improvements thereon erected, jhereditaments and premises hereby granted or mention, and intended so to be, with the appurtenances, unto the said Grantee, their heirs and assigns, to and for the only proper use and behoof of the said Grantee, their heirs and assigns, forever. [THIS SPACE INTENTIONA LL Y LEFT BLANK] 2 And the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. COMMONWEALTH OF PENNSYLVANIA bmauako- ss. COUNTY OF ,,..??.. ??jj• On this, the ?yday of ?'/i? , 2010 before me the undersigned officer, personally appeared RICHARD P. HART, JR. and NANCIE J. HART, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. TMv?u? COWK Notes «n. L K*K wetr,? POW ttao,an?hwlwa vs Ammoddon of I hereby certify that the precise address of the Grantees herein is as follows: ech Jbr ` AgentXomey N kcs :417881 3 Sighed sealed and delivered In the presence of. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201032142 Recorded Op 11/4/2010 At 11:38:17 AM * Instrument Type - DEED Invoice Number - 76096 User ED - MSW * Grantor - I4ART, RICHARD P JR * Grantee - CLUSTER, KIMBERLY * Customer - PYRAMID * FEES STATE TRANSFER TAX STATE WRIT TAX STATE JC5/ACCESS TO JUSTICE RECORDING FEES RECORDEKOF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCkVES FEE WEST SHdRE SCHOOL DISTRICT! LOWER ALLEN TOWNSHIP TOTAL PAID $2,650.00 $0.50 $23.50 $11.50 $10.00 $11.50 $2.00 $3.00 $1,325.00 $1,325.00 $5,362.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. * Total Pages - 4 VIMIIYW? FILED-OFFICE irr I HE PROTHONOTSI1Y 2412 JUL 16 PM 1' 43 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie, Esquire CUMIEKAND COUNTY I.D. No. 75906 PENNSYLVANIA Attorneys for Defendants 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mcd@jdsw.com McCorkel Construction Services, Inc., Claimant, V. R. Hart Enterprises, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. '10-427 MLD Richard P. Hart, Jr., CIVIL ACTION-LAW Nancie J. Hart Defendants MECHANIC'S LIEN PRAECIPE TO WITHDRAW MOTION TO STRIKE MECHANIC'S LIEN CLAIM TO THE PROTHONOTARY: Please withdraw the Defendants' Motion to Strike Mechanic's Lien Claim filed by the undersigned on behalf of the Defendants in the above-referenced matter. Respectfully submitted, JOHNSON, DUFFI /T'E?W/ T WEIDNER By: C/ ? r C. Duffie, Esq e Attorney I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mcd@jdsw.com :505216 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Withdraw Motion to Strikd Mechanic's Lien Claim has been served on the following Clifton R. Guise, Esquire by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania on July 13j 2012: Clifton R. Guise, Esquire Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 JOHNSON, D FFIE, STEWART & WEIDNER 10 By: a-Amali-41- a . Maho y