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HomeMy WebLinkAbout10-1093r?r I`? [/ tr t^l???1 Neil W. Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17036 Attorney for Claimant 1010 FEB 12 f' I 5`3 MARK FRESE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Claimant : V. NO. ERIC P. FIELDER, : 73 Owner : MECHANICS' LIEN MECHANICS' LIEN CLAIM AND NOW comes Claimant, Mark Frese, through the undersigned counsel, JAMES, SMITH, DIETTERICK & CONNELLY, LLP, who hereby files this claim against the improvements and property at 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025 (herein the "Property"), for the debt due to Claimant as a subcontractor for electrical wiring furnished by Claimant in the erection and construction of the Property, and in support makes the following statement: 1. The name of the Claimant is Mark Frese (herein "Claimant") 2. The name of the Owner is Eric P. Fielder (herein "Owner") and his address is 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025, namely the Property. 3. The Claimant contracted with Sunnyrock Building & Design, LLC d/b/a Sunnyrock Homes (herein "Contractor"), who contracted directly with Owner. 4. The materials hereinafter referred to were furnished pursuant to an oral contract entered into with Contractor on or about February 20, 2009, wherein the Claimant s?Y L3-4 agreed to furnish certain materials and labor, of which an itemized statement is attached as Exhibit "A" and the Contractor agreed to pay for each item the price set forth in Exhibit "A„ 5. The materials were furnished in and about the erection and construction of the Property from February 2009 to August 2009. 6. The nature and kind of materials furnished was the full electrical wiring and installation for the Property. 7. The total amount of the contract price agreed upon by the parties was Thirty Six Thousand Nine Hundred Thirteen Dollars ($36,913.00). 8. On or about May 4, 2009, Claimant received a payment in the amount of Eighteen Thousand Eight Hundred Fifty Dollars ($18,850.00). 9. The amount claimed to be still due and chargeable against the Property is Eighteen Thousand Sixty Three Dollars ($18,063.00), being the agreed-on contract price less the amount received by Claimant on or about May 4, 2009. 10. The Claimant has no note or other collateral security for his claim. 11. The first materials were furnished by Claimant on or about February 27, 2009 and the last materials were furnished on August 19, 2009. 12. Written notice of the intention to file this claim was duly served on Owner on December 14, 2009, by U.S. First Class Mail, as his residence, 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025, namely the Property (a true and correct copy of the Notice of Intent is attached and marked as Exhibit `B"). -2- 13. This lien is claimed from February 27, 2009, when the visible work commenced, and against the fee simple interest of Owner in the Property. WHEREFORE, Claimant respectfully requests that the Prothonotary of Cumberland County place a Mechanics' Lien on the property located 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025 in the amount of Eighteen Thousand Sixty Three Dollars ($18,063.00) for the benefit of Claimant, Mark Frese. Respectfully submitted, JAMES, SMITH, DIETTERICK & CQNNrLLY, LLP Date: February)z.., 2010 By: L.1 Neil W Attorney I. . No. 82278 134 Sipe Av nue Hummelsto , PA 17036 (717),533 280 Atto for Claimant -3- VERIFICATION I, Mark Frese, verify that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge 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. Date: 2- It - (0 EXHIBIT A Mark Frese Electricians 1135 Victor Lane Phone: 921-8637 Dauphin, Pa. 17018 Fax: 921-8155 February 1, 2010 Bill To: Sunnyrock Builders job Address: Lot 29,Fiedlers' job Request: Date Started: Date Finished: As directed 02 27 09 08 1909 Completion of contract 18,063.00 Rec'd 5/4/09 18,850.00 Total Labor 19924.00 Total Materials 16989.00 Permit/inspection 120.00 Please Pay this Amount: S 18,063 Thank You Payment is due upon receipt. A monthly service charge of 2% will be added if this invoice is not paid within thirty days Mark Frese Electricians, Inc Lot 29 date labor hours date materials cost 2/27/2009 4 3/3/09 $979.00 3/2/2009 18 3/4/09 $290.00 3/3/2009 16 3/5/09 $29.00 3/4/2009 16 3/5/09 $980.00 3/5/2009 16 3/11/09 $951.00 3/6/2009 16 3/16/09 $241.00 3/9/2009 10 3/16/09 $157.00 3/10/2009 16 3/17/09 $292.00 3/11/2009 16 3/17/09 $492.00 3/12/2009 16 3/19/09 $188.00 3/17/2009 16 3/23/09 $325.00 3/18/2009 11 3/23/09 $348.00 3/19/2009 16 3/27/09 $481.00 3/26/2009 14 4/1/09 $91.00 4/2/2009 16 4/2/09 $149.00 4/3/2009 16 4/3/09 $464.00 4/6/2009 16 4/7/09 $176.00 4/7/2009 16 4/8/09 $355.00 4/8/2009 16 4/9/09 $19.00 4/9/2009 16 4/9/09 $188.00 4/22/2009 4 4/10/09 $68.00 4/27/2009 6 4/10/09 -$259.00 return 5/13/2009 1 4/22/09 $33.00 5/21/2009 10 4/8/09 $29.00 6/25/2009 16 5/21/09 $15.00 6/26/2009 10 6/26/09 $1,290.00 6/29/2009 16 6/29/09 $749.00 6/30/2009 16 7/10109 $887.00 7/10/2009 16 7/10/09 $580.00 7/13/2009 16 7/10/09 $153.00 7/14/2009 16 7/10/09 $344.00 7/20/2009 16 7/10/09 $629.00 7/22/2009 12 7/14/09 $137.00 7/23/2009 16 7/20/09 $798.00 7/24/2009 14 7/22/00 $719.00 8/3/2009 16 7/24/09 $262.00 8/4/2009 16 7/14/09 $1,627.00 8/5/2009 8 7/23/09 $273.00 8/6/2009 16 7/27/09 $247.00 8/17/2009 16 7/27/09 -$72.00 return 8/18/2009 16 7/22/09 $171.00 8/19/2009 16 7/24/09 $16.00 8/4/09 $323.00 Total Hours 586 8/5/09 $289.00 Hourly Rate 34 8/19/09 $22.00 Total Labor $ 19,924.00 8/5/09 $23.00 8/7/09 $489.00 8/7/09 $83.00 8/7/09 $67.00 8/7/09 -$401.00 return 8/19/09 $203.00 Total Materials $16,989.00 EXHIBIT B JAIMES S-N I',DjF F.RICT< & CONNL7 LY LLP Gregory A Kogut, Jr., Esq Email: GAK(cvyjsdc.com Fax No. 717.533.7771 December 14, 2009 VIA FIRST CLASS MAIL Eric -P. Fielder 506 Halyard Way (Lot 29) Enola, PA 17025 Re: Formal Notice of Intent to File Mechanics Lien Dear Eric: You are hereby notified that Mark Frese is a subcontractor under a contractual arrangement with your contractor Sunnyrock Building & Design, LLC d/b/a Sunnyrock Homes and has furnished labor and/or materials in connection with the erection, construction, alteration or repair of an improvement to your property at 506 Halyard Way (Lot 29), Enola, Pennsylvania 17025. The labor and/or materials furnished by the subcontractor consisted of all of the electrical wiring completed at the above referenced property. The subcontractor's work was completed and the last of the specified labor and/or materials was furnished by the subcontractor on August 19, 2009. The amount still due and payable by the contractor to the subcontractor is Eighteen Thousand Sixty Three Dollars ($18,063.00). P.O. BOX 650 HERSHEY, PA 17033 Courier Address. 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.32£30 WWW.JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III NEIL W. YAHN EDWARD P. SEEBER RONALD T. TOMASKO SUSAN M.KADEL JARAD W.HANDELMAN COURTNEY K. POWELL KIMBERLY A. BONNER KAREN N. CONNELLY JOHN M. HYAMS CHRISTINE T BRANN _ JESSICA E. LoWE SEAN M.CONCANNON GREGORY A. KOGUT, JR. OF COUNSEL: Unless payment of the amount due is made within thirty days after service of this GREGORY K. RICHARD. (30) BERNARD A. RYAN, JR. formal notice on you, the subcontractor intends to file a mechanics lien claim for this amount against your property. The filing of the claim will result in a lien against your property, and proceedings to enforce the lien may result in a judgment against you and the forced sale of your property Sincerely, JAMES, MITH, DIETTERICK & CONNELLY LLP - (-2,- gJr., Esq. GAK/jkg cc: Mark Frese SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of ?r?n of THE a NOTARY Jody S Smith 8. `..`% -G 33 Chief Deputy Edward L Schorpp PH OUTY Solicitor??.E i`? Mark Frese Case Number vs. 2010-1093 Eric P. Fielder SHERIFF'S RETURN OF SERVICE 03/01/2010 03:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 1530 hours, he served a true copy of the within Notice of Filing of Mechanics' Lien Claim and Mechanics' Lien Claim, upon the within named defendant, to wit: Eric P. Fielder, by posting the premises located at 506 Halyard Way Lot 29, Enola, Cumberland County, Pennsylvania 17025 with a true and correct copy according to law. On February 26, 2010 Deputy Timothy Black attempted personal service on Eric P. Fielder at 506 Halyard Way Lot 29, Enola, PA 17025. However, the residence is under construction and no one is currently living at this residence. SHERIFF COST: $41.94 March 02, 2010 SO ANS PIRS, RO R ANDERSON, SHERIFF By MA NKLIN, DEPUTY SHERIFF NOTARY Affirmed and subscribed to before me this day of (c) GountySuito Shea i f_ Teeoso`;t, Irc. %F ?Nc P ` ^.' M '^ Y i?1 f ,;,,v??AR Neil W. Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17036 Attorney for Claimant MARK FRESE, Claimant V. ERIC P. FIELDER, Owner 2010K,;j1', I I P11 2: 32 J•( Y f I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-1093 : MECHANICS' LIEN AFFIDAVIT OF SERVICE OF NOTICE OF FILING OF MECHANICS' LIEN CLAIM TO THE PROTHONOTARY: I, Neil W. Yahn, attorney for Claimant, Mark Frese, being duly sworn according to law deposes and says that on March 1, 2010, the Cumberland County Sheriff s Office served the attached Notice of Filing of Mechanics' Lien Claim on Eric P. Fielder, the owner of the property against which the claim was filed by posting said Notice in a conspicuous public part of the improvement pursuant to 49 Pa. Stat. Ann. § 1502(c) at 506 Halyard Way (Lot 29), Enola, Cumberland County, Pennsylvania, 17025. Respectfully submitted, Date: March 11? '2010 eil W. Yahn No. 82278 JAMES, SMITH, DIETTERICK & CONNELLY,LLP By: SWORN to and SUBSCRIBED before me this O day of March, 2010. Notary Public Q V jALTW OF PINNIYLV Notarial Seal Denise M. Long, Notary Public Deny Twp„ Dauphin County My Commission Fires May 25.2011 Member, Pennsylvania Association of Notaries EXHIBIT A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff elf claftherf Jody S Smith # = Chief Deputy ,t r; Edward L Schorpp ` Fm Solicitor OFFICE OF THE &4ERIFF Mark Frese vs. Eric P. Fielder Case Number 2010-1093 SHERIFF'S RETURN OF SERVICE 03/01/2010 03:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 1530 hours, he served a true copy of the within Notice of Filing of Mechanics' Lien Claim and Mechanics' Lien Claim, upon the within named defendant, to wit: Eric P. Fielder, by posting the premises located at 506 Halyard Way Lot 29, Enola, Cumberland County, Pennsylvania 17025 with a true and correct copy according to law. On February 26, 2010 Deputy Timothy Black attempted personal service on Eric P. Fielder at 506 Halyard Way Lot 29, Enola, PA 17025. However, the residence is under construction and no one is currently living at this residence. SHERIFF COST: $41.94 March 02, 2010 SO ANS S, ROtW, R ANDERSON, SHERIFF MA IN, DEPUTY SHERIFF ............................ . ... ... ... --.......--- ... ...... ---------- ---.....-......----------.... NOTARY Affirmed and subscribed to before me this day of {c1 Count, "Suite Shenff. Teleosoft. Inc. Neil W. Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17036 Attorney for Claimant MARK FRESE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. NO. 10-1093 ERIC P. FIELDER, Owner To: Eric P. Fielder 506 Halyard Way (Lot 29) Enola, PA 17025 : MECHANICS' LIEN NOTICE OF FILING OF MECHANICS' LIEN CLAIM You are notified that a mechanic's lien in the amount of Eighteen Thousand Sixty Three Dollars ($18,063.00) has been filed on behalf of Mark Frese, against the property at 506 Halyard Way, Enola PA, 17025, of which you are the owner. The claim was filed on February 12, 2010, in the Court of Common Pleas of Cumberland County, Pennsylvania and is docketed as case number 10-1093. A copy of the claim is attached. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNX17E Y., LLP Date: FebruaryZZ , 2010 By: Neil U Atto 82278 134 HumA 17036 (717) 533-3280 Attorney for Claimant R1LEDr-01-P,uE THr PK;T'ONCI APY 2010 FEB 12 r r` 3.5 3 Neil W. Yahn, Esquire Attorney I.D. No. 82278 cut. James Smith Dietterick & Connelly, LLP d15'???,';1, , ity P.O. Box 650 Hershey, PA 17036 Attorney for Claimant MARK FRESE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. : NO. ERIC P. FIELDER, Owner MECHANICS' LIEN MECHANICS' LIEN CLAIM AND NOW comes Claimant, Mark Frese, through the undersigned counsel, JAMES, SMITH, DIETTERICK & CONNELLY, LLP, who hereby files this claim .against the improvements and property at 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025 (herein the "Property"), for the debt due to Claimant as a subcontractor _ for electri cal wiring furnished by Claimant in. the erection and construction of the Property, and in support makes the following statement:. 1. The name of the Claimant is Mark Frese (herein "Claimant' 2. The name of the Owner is Eric P. Fielder (herein "Owner") and his address is 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025, namely the Property. 3. The Claimant contracted with Sunnyrock Building & Design, LLC d/b/a Sunnyrock Homes (herein "Contractor"), who contracted directly with Owner. 4. The materials hereinafter referred to were furnished pursuant to an oral contract entered into with Contractor on or about February 20, 2009, wherein the Claimant agreed to famish'certain materials and labor, of which an itemized statement is attached as Exhibit "A" and the Contractor agreed to pay for each item the price set forth in Exhibit «A„ 5. The materials were furnished in and about the erection and construction of the Property from February 2009 to August 2009. .6. The nature and kind of materials furnished was the full electrical wiring and r, installation for the Property. 7. The total amount of the contract price agreed upon by the parties was Thirty Six Thousand Nine Hundred Thirteen Dollars ($36,91100). 8. On or about May 4, 2009, Claimant received a payment in the amount of Eighteen Thousand Eight Hundred Fifty Dollars ($18,850.00). 9. The amount claimed to be still due and chargeable against the Property is Eighteen Thousand Sixty Three Dollars ($18,063.00); being the.agreed-on contract price less the amount received by Claimant on or about May 4, 2009. 10. The Claimant has no note or other collateral security for his, claim. 11. The first materials were furnished by Claimant on or about February 27, 2009 and the last materials were furnished on August 19, 2009. 12. Written notice of the intention to file this claim was duly served on Owner on December 14, 2009, by U.S. First Class Mail, as his residence, 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025, namely the Property (a true and correct copy of the Notice of Intent is attached and marked as Exhibit `B"). -2- 13. This lien is claimed from February 27, 2009, when the visible work commenced, and against the fee simple interest of Owner in the Property. WHEREFORE, Claimant respectfully requests that the Prothonotary of Cumberland County Place a Mechanics' Lien on the property located 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025 in the amount of Eighteen Thousand Sixty Three Dollars ($18,063.00) for the benefit of Claimant, Mark Frese. Respectfully submitted, JAMES, SMITH,-DIETTERICK & Cr ILLY, LLP Date: February 11.,, 2010 By: V _ Neil W? AttoM-y I. No. 82278 134 S-4p Av nue Huminelsto , PA 17036 (7i7'533 280 Atto for Claimant -3- VERIFICATION L Mark Frese, verify that the facts set forth in the foregoing document are true and . correct to the best of my information, knowledge and belief I understand that false statements herein are-made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date. 2- l ( - ( 0 .Mark Frese Electricians 1135 Victor Lane Phone: 921-8637 Dauphin, Pa. 17018 Fax: 921-8155 February 1, 2010 Y Bill To: fob Address:. Sunnyrock Builders Lot 29,Fiediers' Job Request: Date Started: , Date Finished: As directed 02 27 09 08 19 09 Completion of contract 18,063.00 Ree'd 5/4109 18,850.00 Total Labor 19924.00 Total Materials 1.6989.00 Permit/Inspection 120.00 Please Pay this Amount: $18,063 Thank You Payment is due.upon receipt. A monthly service charge of 2% will be added if this invoice is not paid within thirty days Mark Frese Electricians, Inc date labor hours 2/27/2009 4 3/2/2009 .18 3/3/2009 16 3/4/2009 16 3/5/2009 16 3/6/2009 16 3/9/2009 10 3/10/2009 16 3/11/2009 16 3/12/2009 16 3/17/2009 16 3/18/2009 11 3/19/2009 16 3/26/2009 .14 4/2/2009 16 4/3/2009 16 4/6/2009 16 4/7/2009 16 4/8/2009 16 4/9/2009 16 4/22/2009 4 4/27/2009 6 5/13/2009 1 5/21/2009 10 6/26/2009 16 6/26/2009 10 6/29/2009 16 .6130%2009 16 7/10/2009 16 7113/2009 16 7/14/2009 16 7/20/2009 16 7/22/2009 12 7/23/2009 16 7/24/2009 14 8/3/2009 .16 8/4/2009 16 8/5/2009 8 8/6/2009 16 8/17/2009 16 8/18/2009 16 8/19/2009 16 Total Hours 586 Hourly Rate 34 Total Labor $ 19,924.00 Lot 29 date materials cost 3/3/09 3/4/09 3/5/09 3/5/09 3/11/09 3/16/09 3/16/09 3/17/09 3/17/09 3/19/09 3/23/09 3/23/09 3/27/09 4/1/09 .4/2/09 4/3/09 4/7/09 4/8/09 4/9/09 4/9/09 4/10/09 4/10/09 4/22/09 4/8/09 5/21/09 6/26/09 6/29/09 7/10/09 7/10/09 7/10/09 7/10/09 7/10/09 7/14/09 7/20/09 7/22/00 7/24/09 7/14/09 7/23/09 7/27/09 7/27/09 7/22/09 7/24/09 8/4/09 8/5/09 8/19/09 8/5/09 8/7/09 8/7/09 8/7/09 8/7/09 8/19/09 $979.00 $290.00 $29.00 $980.00 $951.00 $241.00 $157.00 $292.00 $492.00 $188.00 $325.00 $348.00 $481.00 $91,00 $149.00 $464.00 $176.00 $355.00 $19.00 $188.00 $68.00 -$259.00 return $33.00 $29.00 $15.00 $1,290.00 $749.00 $887.00 $580.00 $153.00 $344.00 $629.00 $137.00 $798.00 $719.00 $262.00 $1,627.00 $273.00 $247.00 -$72.00 return $171.00 $16.00 $323.00 $289.00 .$22.00 $23.00 $489.00 $83.00 $67.00 -$401.00 return $203.00 Total Materials $16,989.00 EXHIBIT 6 J., ....,,...._..- ......,.,. - Gregory A Kogut, Jr., Esq Email: GAK(@,jsdc.com Fax No. 717.533.7771 December 14, 2009 VIA FIRST CLASS MAIL Eric P. Fielder 506 Halyard Way (Lot 29) . Enola, PA 17025 Re: Formal Notice of Intent to File Mechanics Lien Dear Eric: You are hereby notified that Mark Frese is a subcontractor under a contractual arrangement with your contractor Sunnyrock Building & Design, LLC d/b/a Sunnyrock Homes and has furnished labor and/or materials in connection with the erection, construction, alteration or repair of aii improvement to your property at 506 Halyard Way (Lot 29), Enola, Pennsylvania 17025. The labor and/or materials furnished by the subcontractor consisted of all of the electrical wiring completed attthe above referenced properly. The subcontractor's work was completed "and the last of the specified labor and/or materials was furnished by the subcontractor on August 19, 2009. The amount still due and payable by the contractor to the subcontractor is Eighteen Thousand Sixty Three Dollars ($18,063.00). Unless payment of the amount due is made within thirty (30) days after service of this formal notice on you, the subcontractor intends to file a mechanics lien claim for this amount against your property. The filing of the claim will result in a lien against. your property, and proceedings to enforce the lien may result in a judgment against you and the forced sale of your property Sincerely, JAMES, MITH, DIETTERICK & CONNELLY LLP C1. r-2-, gory A KKogut, Jr., Esq. GAK/jkg cc: Mark Frese L A, IV OifICE &] j0C3 P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3280 WWW.JSDC.COM GARY L. JAMES MAx J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III NEIL W. YARN EDWARD P. SEEBER RONALD T. TOMASKO SUSAN M.KADEL JARAD W. HANDELMAN COURTNEY K. POWELL KIMBERLY A: BONNER KAREN N. CONNELLY JOHN M. HYAMS CHRISTINET. BRANN JESSICA E. LowE SEAN M. CONCANNON GREGORY A. KDGuT, JR. OF COUNSEL' - GREGORY K. RICHARDS BERNARD A. RYAN, JR. . MARK FRESE, Claimant V. ERIC P. FIEDLER, Owner 400POW1 0 4*r""DR4142t IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - MECHANIC'S LIEN CIVIL ACTION NO: 2010-1093 IN RE: MECHANIC'S LIEN CLAIM ORDER OF COURT AND NOW, this 2ND day of April 2012; a Rule is entered upon the Claimant to show cause why an Order should not be entered granting the Owner's Motion for discharge of the property located at 506 Hayward Way, Enola, PA. Rule is returnable within twenty days from the date of the order. Thomas A. Placey C.P.J. Distribution List: Craig I. Adler, Esq. ? Paul R. Van Fleet, Esq. P. 0. Box 5866 Harrisburg, PA ii 17110 yncz,f? ??.? fj mh &P;r6 'MARK FRESE, Claimant vs. ERIC P. FIEDLER, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1093 MLD C= = =; cn ? MECHANIC'S LIEN ? co fo MOTION FOR ENTRY OF JUDGMENT IN FAVOR OF OWNER AND NOW comes Owner, Eric P. Feidler, through the undersigned counsel, CAPOZZI & ASSOCIATES, P.C., and files this Motion for Entry of Judgment in Favor of Owner, and in support makes the following statement: 1. Claimant Mark Frese ("Claimant"), by and through his counsel, James, Smith, Dietterick & Connelly, LLP, filed a Mechanic's Lien Claim with this Court against Owner Eric P. Fiedler ("Owner") on February 12, 2010 in the amount of $18,063.00 against the property known as 506 Halyard Way, Enola, Pennsylvania 17025. 2. Pennsylvania law holds that Claimant has two (2) years from the date of filing a Mechanic's Lien Claim to commence an action to obtain judgment upon that claim, unless that time is extended in writing by the Owner. 49 P. S. § 1701(b). 3. As of March 14, 2012, Claimant has filed no complaint to obtain judgment upon the above-referenced claim. 4. As of March 14, 2012, Owner has not provided any writing extending the time Claimant has to commence an action to obtain judgment upon a claim. 1 5. As such, Claimant no longer has the right to obtain judgment upon his Mechanic's Lien Claim because the statutory period to commence an action has expired and the Owner has not consented in writing to extend such statutory period. 6. On March 28, 2012, Owner submitted to this Honorable Court a Motion for Discharge of Lien and submitted a sample order to discharge such lien. 7. On April 2, 2012, the Honorable Court entered an Order of Court directing Claimant to show cause why an Order should not be entered in Owner's favor. Claimant had 20 days to respond to said Order. 8. As of the present date, Claimant has filed no such response showing cause why an order should not be entered in Owner's favor. WHEREFORE, Owner respectfully requests that this Honorable Court enter a judgment for the Owner, Eric Fiedler, and file an Order discharging Claimant's Mechanic's Lien Claim with respect to the property at 506 Halyard Way, Enola, PA 17025, with prejudice, and grant any other remedies this Honorable Court finds appropriate. Date: Respectfully submitted, Craig I. ler, Esquire Attorney ID: 52970 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Owner 2 DATE ._5 r / Paul R. Van bet, Esquire Attorney ID: 312135 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Owner VERIFICATION I verify that the statement made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. DATE: _ 7 Eric iedler 4 CERTIFICATE OF SERVICE I hereby certify that I have, this date, mailed a true and correct copy of the foregoing pleading by United States mail, first-class, postage prepaid, addressed to the following individual(s): Neil W. Yahn, Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17036 Date: / ??- Craig I. Adler 5 , i MARK FRESE, Claimant V. ERIC P. FIEDLER, Owner IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - MECHANIC'S LIEN CIVIL ACTION NO: 2010-1093 IN RE: MECHANIC'S LIEN CLAIM ORDER OF COURT AND NOW, this 16th day of May, 2012, upon consideration of the Motion to Discharge Lien and Motion for Entry of Judgment in Favor of owner, filed by the Owner in the above-captioned matter, and it appearing that: (a) despite this court's April 2, 2012 Rule to Show Cause, Claimant has not filed a Response to the underlying Motion; (b) Claimant had not commenced an action to obtain judgment upon the Mechanic's Lien within two years since the February 12, 2012 filing of the Lien; and (c) no extension of the time for commencing such an action had been given, Owner's Motion to Discharge Lien is GRANTED, and the Mechanic's Lien Claim filed upon the subject tid yam; gn ;9- property at 506 Halyard Way, Enola, Pennsylvania at the above-referenced- Mrn number is DISCHARGED from the subject property CD Thomas A. Placey C.P.J. Distribution List: Craig I. Adler, Esq. Capozzi and Associates, P.C. Paul R. Van Fleet, Esq. 1eg ??t CP P. 0. Box 5866 is Harrisburg, PA 17110 qU8 ./ Neil W. Yahn, Esq. James, Smith, Dietterick & Connelly, LLP. P. 0. Box 650 Hershey, PA 17036 mh