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HomeMy WebLinkAbout10-1387fill (If//a dl a/_? 5_// () I? 3 : i? Om Al? KEYSTONE FRAMING & FLATWORK,: IN THE COURT OF COMMON PLEAS OF INC., t/d/b/a NICKEL CONCRETE : CUMBERLAND COUNTY, PENNSYLVANIA CONSTRUCTION, , Claimant, V. CIVIL NO. 7l/- /3,r 7 /7lL ERIC P. FIEDLER, M.D., TRUSTEE UNDER THE ERIC. P. FIEDLER M.D. : REVOCABLE TRUST AGREEMENT, : MECHANICS' LIEN and ERIC P. FIEDLER, Individually, Owner. , TO: Eric P. Fiedler, M.D., Trustee Under The Eric. P. Fiedler M.D. Revocable Trust Agreement Eric P. Fiedler 506 Halyard Way Enola, PA 17025 TAKE NOTICE that the undersigned has filed a Mechanics' Lien Claim against the premises known as 506 Halyard Way, located in Enola, Cumberland County, Pennsylvania, 17025, of which Eric P. Fiedler, M.D., Trustee Under The Eric. P. Fiedler M.D. Revocable Trust Agreement and Eric P. Fiedler, and any other joint owner of record, are the owners in fee simple, for work and materials supplied in the erection, construction, and installation of a stamped concrete pool deck, coping around the pool edge, a Deco drain along the pool, concrete front entrance, and stamped concrete driveway, which amount that remains outstanding and unpaid is Nineteen Thousand Four Hundred Eighty-Five and 00/100 ($19,485.00) Dollars, plus applicable ?d */ _,z )V/ fill %l?r interest as accrued since August 26, 2009. The lien was filed on February 25, 2010. A copy of the claim is attached. IRWIN & McKNIGHT, P.C. By: Dpu??s G. filler, E squire 6o et Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 83776 Attorney for the Claimant, Date: February 25, 2010 Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction 2 KEYSTONE FRAMING & FLATWORK,: IN THE COURT OF COMMON PLEAS OF INC., t/d/b/a NICKEL CONCRETE : CUMBERLAND COUNTY, PENNSYLVANIA CONSTRUCTION, Claimant, . V. CIVIL NO. ERIC P. FIEDLER, M.D., TRUSTEE UNDER THE ERIC. P. FIEDLER M.D. : REVOCABLE TRUST AGREEMENT, : MECHANICS' LIEN and ERIC P. FIEDLER, Individually, Owner. MECHANICS' LIEN CLAIM Claimant, Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction, by and through its legal counsel, Irwin & McKnight, P.C., files this claim against Eric P. Fiedler, M.D., Trustee Under The Eric. P. Fiedler M.D. Revocable Trust Agreement and Eric P. Fiedler, Individually, and any other joint owner of record, and against the property, buildings, and improvements erected thereon at 506 Halyard Way, Enola, Pennsylvania 17025 for the payment of a debt due to Claimant as a subcontractor for the labor and materials furnished by Claimant in the erection, construction, and installation of a stamped concrete pool deck, coping around the pool edge, a Deco drain along the pool, concrete front entrance, and stamped concrete driveway at 506 Halyard Way, and in support makes the following statements: 1. The Claimant is Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction, a Pennsylvania business corporation with its principal offices locates at 33 Halleck Drive, East Berlin, Adams County, Pennsylvania 17316. 2. The improvements and property which are subject to the claim are a multi-story, single-family dwelling, with a pool and other appurtenant land and cartilage, located at 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025, as more particularly described in that Corrective Deed dated December 10, 2008, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument # 200840031 (hereinafter the "Property"). 3. The reputed owner of the Property at the time of furnishing of labor, goods, and materials and the attaching of the lien therefore is Eric P. Fiedler, M.D., Trustee Under The Eric. P. Fiedler M.D. Revocable Trust Agreement, Eric P. Fiedler, Individually, and any other joint owner of record (hereinafter the "Owner"). 4. The Claimant contracted with Sunnyrock Building & Design, LLC (hereinafter the "Contractor"), who contracted directly with the Owner. 5. The labor and materials hereinafter referred to were furnished pursuant to a contract entered into with the Contractor, wherein the Claimant agreed to furnish certain labor and materials for improvements at the Property, and the Contractor agreed to pay for each item and service. A true and correct copy of the invoices between the Claimant and the Contractor are attached hereto and incorporated herein as Exhibit "A." 6. The labor and materials were furnished in and about the erection and construction of a single-family dwelling, with driveway, walkways, pool, and other improvements located at the Property. 2 7. The labor and materials hereinafter referred to were completed and furnished pursuant to the contracts between the parties. 8. The labor and materials furnished by the Claimant, accepted by the Contractor, and utilized in the erection and construction of the above-described improvements to the Property consisted of the following: concrete for a stamped driveway, pool deck, and front entrance, four (4) loads of stone, coping around the pool edge, a Deco drain along the pool, jack hammer for concrete removal, six (6) hours of skid loader use, and sealer, as more particularly described in the invoices attached hereto as Exhibit "A." 9. Claimant completed the finishing of the work, labor, equipment, and materials that are the subject of this claim on or about August 25, 2009, which is not more than six (6) months from the filing of this claim. 10. The original contract price of the materials and labor specifically set forth in Exhibit "A" was Thirty-Three Thousand Four Hundred Eighty-Five and no/100 ($33,485.00) Dollars, plus interest. 11. As of the date of filing, Claimant has been paid Fourteen Thousand and no/100 ($14,000.00) Dollars toward the debt due for the stated labor and materials. 12. The amount due as of August 26, 2009, for the labor, goods, and materials is Nineteen Thousand Four Hundred Eighty-Five and no/100 ($19,485.00) Dollars, plus applicable interest which has accrued since August 26, 2009. 13. Written formal notice of the Claimant's intention to file this claim was served on the Owner by posting the notice on or about January 20, 2010 on the front door of the home constructed on the Property, which date is more than thirty (30) days before the date of the filing 3 of this claim. A copy of the formal notice is attached hereto and incorporated herein as Exhibit «B 14. The labor, goods, and materials are continuously furnished in and about the erection, construction, and installation of a stamped concrete pool deck, coping around the pool edge, a Deco drain along the pool, concrete front entrance, and stamped concrete driveway at the Property constituting the premises subject to the lien. 15. This lien is claimed against the fee simple interest of the Owner of 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025. WHEREFORE, Claimant, Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction, claims this lien upon the Property herein described in the amount of $19,485.00, plus any applicable interest as stated herein, together with costs, attorneys' fees and other relief deemed just against the owners of said premises. Respectfully submitted, IRWIN & McKNIGHT, P.C. -0 By: AAA Douglas G. iller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Claimant, Date: February 25, 2010 Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction 4 VERIFICATION The foregoing document on behalf of the Plaintiff is based upon information which has been gathered by counsel for the Plaintiff in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Plaintiffs verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiff according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. - 1 4"t?' X& Douglas G. filler, Esquire Date: February 25, 2010 EXHIBIT "A" ckel Concrete Construction J 33 Halleck Drive East Berlin, PA 17316 717-259-5387 or 717-465-1973 Bill To: 1780 Pinetown Road Wellsville, PA 17365 INVOICE DATE: 5/11/2009 I- INVOICE #1 8461 Job # Project Pour Date #846 River Bend 4/30/2009 QUANT DESCRIPTION PRICE EACH AMOUNT 1.00 Stamped concrete pool deck $12,700.00 $12,700.00 4.00 Loads of stone $405.00 $1,620.00 6.00 Skid loader $65.00 $390.00 1.00 Coping around pool edge $1,500.00 $1,500.00 1.00 Supply and install Deco drain along pool $200.00 $200.00 1.00 Jack hammer rental and labor for concrete removal in $475.00 $475.00 elevator shaft 1.0 Front entrance $1,600.00 $1,600.00 TOTAL DUE $18,486,001 Make all checks payable to Nickel Concrete Construction ? ikel concrete Construction 33 Halleck Drive East Berlin, PA 17316 717-259-5387 or 717-465-1973 To: 1780 Pinetown Road Wellsville, PA 17365 INVOICE DATE: 8/26/2009 INVOICE # gss Make all checks payable to Nickel Concrete Construction Job # Pro ect Pour D #885 FDriveway 8/18/2009 EXHIBIT "B" LAW OFFICES IRWIN & mcKNI GHT, P. C. ROGER B. IRWIN MARCUS A. McKNIGHT, III DOUGLAS G. MILLER STEPBENL. BLOOM M47771EWA. MCKIVIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 WWW.IRWINMCKNIGHT. COM November 17, 2009 MR. ERIC P. FIEDLER 506 HALYARD WAY ENOLA, PA 17025 HAROLD S. IRM (1925-1977) HAROLD S. IRi9IN, JR (1954-1986) IRWIN, IRWIN & IRTf'IN (195&1986) IMM, IRM & McKNIGHT (1986-1994) IRWN, McKNIGHT & HUGHES (1994-2003) IRWN & MIGHT (2003-2008) FORMAL NOTICE TO OWNER OF SUBCONTRACTOR'S INTENTION TO FILE MECHANICS' LIEN CLAIM Dear Mr. Fiedler: KINDLY TAKE NOTICE that Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction intends to file a Mechanics' Lien Claim against the property described in Paragraph 6 below unless Sunnyrock Building & Design, LLC pays the amount due and owing under its contract within thirty (30) days after service of this Formal Notice. In accordance with Section 501 of the Pennsylvania Mechanics' Lien Law of 1963, as amended, the following is provided: 1. The name of the party claimant is Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction (the "Subcontractor"). 2. The name of the person with whom the Subcontractor contracted is Sunnyrock Building & Design, LLC (the "Contractor") on or about May 11, 2009, pursuant to which Subcontractor was to erect, construct, and install a stamped concrete pool deck, coping around the pool edge, a Deco drain along the pool, concrete front entrance, and stamped concrete driveway. 3. The amount presently claimed to be due under the Subcontract is $19,485.00, plus interest. Subcontractor has submitted invoices to Contractor pursuant to the contract between the parties in the aggregate principal amount of $33,485.00, of which Contractor to date has only paid $14,000.00. Contractor has failed and refused to pay the balance owed under the contract. Accordingly, Subcontractor claims the remaining amount due and interest from the respective due dates of the attached invoices. 4. The general nature and character of the labor and materials furnished by Subcontractor is a stamped concrete pool deck, four (4) loads of stone, coping around the pool edge, a Deco drain along the pool, jack hammer concrete removal, concrete front entrance, stamped concrete driveway, and sealer. 5. The date of completion of Subcontractor's work for which Subcontractor intends to file a Mechanics' Lien Claim was August 25, 2009. NM ERIC P. FIEDLER RE: 506 HALYARD WAY, ENOLA, PA November 17, 2009 Page 2 of 3 6. The property which will be subject to Subcontractor's Mechanics' Lien Claim is approximately 1.01 acres situated in East Pennsboro Township, Cumberland County, Pennsylvania, having a mailing address of 506 Halyard Way, Enola, Pennsylvania 17025, and being more particularly described in that Deed recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania under instrument number 200840031. 7. This notice is being provided in accordance with 49 P.S. § 1501 of the Pennsylvania Mechanics' Lien Law of 1963, as amended. WHEREFORE, FORMAL NOTICE is hereby given that the Subcontractor intends to file a Mechanics Lien Claim at the expiration of thirty (30) days after service of this Formal Notice upon the Owner, or his agents. Very truly yours, DGM:tds Enclosures cc: Sunnyrock Building IRWIN & McKNIGHT, P.C. a4 Dougl G. Miller & Design, LLC KEYSTONE FRAMING & FLATWORK, INC. t/d/b/a NICKEL CONCRETE CONSTRUCTION Dated: November 17, 2009 By: vj-? ? BRIEN A. NICKEL, President 2 AM ERIC P. FIEDLER RE: 506 HALYARD WAY, ENOLA, PA November 17, 2009 Page 3 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the t day of November, 2009, before me, the undersigned personally appeared, BRIEN NICKEL, who, after being duly sworn according to law,, officer, depose and say that he is the President of KEYSTONE FRAMING & FLATWORK, INC. t/d/b/a NICKEL CONCRETE CONSTRUCTION, the Subcontractor and Claimant described in the foregoing Formal Notice, that he is authorized to make this Affidavit, and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information, and belief. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires Notary b is (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L. Noel, Notary Public Cad" Bloro, Cumberland County My Commtasion Eehwn ?g LM.t f @8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp SOIICItOr ~~,~pi~, of 4u+ri~i~.pj~~~ ~~ ,:'~~ FILFt)-~;~~r~CE c ~~ ?~~ ~~o~~~~~o~~Y 201 MAR -5 PM 2~ 37 Keystone Framing & Flatwork, Inc., t/d/b/a Nickel Concrete Constructio Case Number vs. 2010-1387 MLD Eric P. Fiedler, MD, Trustee Under the Eric P. Fiedler, MD Revocable T (et al.) SHERIFF'S RETURN OF SERVICE 03/02/2010 04:50 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2010 at 1650 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Eric P. Fielder, M.D., Trustee Under the Eric P. Fiedler M.D. Revocable Trust Agreement, 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 March 1, 2010 Deputy Mark Conklin attempted personal service on Eric P. Fielder M.D., Trustee Under the Eric P. Fielder M.D. Revocable Trust Agreement at 506 Halyard Way Lot 29, Enola, PA 17025. However, the residence is under construction and no one is currently living at this residence. ~~~''~ STEPHE BENDER, DEPUTY 03/02/2010 04:50 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2010 at 1650 hours, he served a true copy of the within 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 March 1, 2010 Deputy Mark Conklin 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: $69.94 March 03, 2010 STEPHEN BENDER, DEPUTY SO AN RO R ANDERSON, SHERIFF NOTARY Affirmed and subscribed to before me this day of ,cj Coun'ySuite Sheriff. Teieosoft Inc. KEYSTONE FRAMING & FLATWORK, INC., t.d.b.a NICKEL CONCRETE CONSTRUCTION Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ERIC P. FIEDLER, M.D. TRUSTEE NO. 1.0-1387 MLD ;rrn UNDER THE ERIC P. FIEDLER M.D. == REVOCABLE TRUST AGREEMENT, -<n w CI) o and ERIC P. FIEDLER, Individually r- „ Owner Praecipe for Withdrawal of Appearance TO: THE PROTHONOTARY: Please withdraw my appearance on behalf of Keystone Framing and Flatwork, Inc., trading and doing business as Nickel Concrete Construction. Dated: February ? / , 2012 I i Douglas QJ. Miller, Esquire Sup. Ct. ID # 83776 60 West Pomfret Street Carlisle, PA 17013 (Tel) 717-249-2353 Substitutior„ of Council without Leave of Court Pursuant to R.C.P. 1012(b)(2)(ii) Pa,oe 2 of 2 KEYSTONE FRAMING & FLATWORK, : IN THE COURT OF COMMON PLEAS OF INC., t.d.b.a NICKEL CONCRETE CONSTRUCTION Claimant vs. ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER M.D. REVOCABLE TRUST AGREEMENT, and ERIC P. FIEDLER, Individually Owner CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1387 MLD c-5 C= r r-- -V M -<> ca r- ° c 2p1 SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT PURSUANT TO R.C.P. 1012(b)(2)(ii) Praecipe for Entry of Appearance TO: THE PROTHONTARY: Please enter my appearance on behalf of Keystone Framing and Flatwork, Inc., trading and doing business as Nickel Concrete Construction. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Date: February 21, 2012 f ..A v Robert G. Frey, Esquire^ Sup. Ct. ID# 46397 FREY AND TILEY 5 South Hanover Street Carlisle, PA 17013 (Tel) 717-243-5838 (Fax) 717-243-6441 Substitution of Council without Leave of Court Pursuant to R.C.P.1012(b)(2)(ii) Page 1 of 2 KEYSTONE FRAMING & FLATWORK, INC., t.d.b.a NICKEL CONCRETE CONSTRUCTION Plaintiff vs. ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER M.D. REVOCABLE TRUST AGREEMENT, and ERIC P. FIEDLER, Individually Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) CIVIL ACTION - LAW -v3 ^a = -' CO zm ?u -n M VJ -;- f i rYs?= 1 = NO. 10-1387 MLD ?? w 7 rn , e - --4 (D CD i C C7 -v =-r) C :) C' r m CD NOTICE 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 attorney and filing 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 judgment 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 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 KEYSTONE FRAMING & FLATWORK, INC., t.d.b.a NICKEL CONCRETE CONSTRUCTION Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIC P. FIEDLER, M.D. TRUSTEE NO. 10-1387 MLD UNDER THE ERIC P. FIEDLER M.D. REVOCABLE TRUST AGREEMENT, and ERIC P. FIEDLER, Individually Defendants COMPLAINT AND NOW, come Frey & Tiley, Attorneys for the Plaintiff, and respectfully state as follows: 1. Plaintiff is Keystone Framing and Flatwork, Inc., a Pennsylvania Corporation, which trades and does business as Nickel Concrete Construction and has its office and principal place of business at 2. Defendant is Eric P. Fiedler, M.D. in his individual capacity and as Trustee of the Eric P. Fiedler, M.D. Revocable Trust Agreement, an adult individual, residing at 506 Halyard Way, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 3. This Complaint is filed pursuant to a Mechanics Claim filed by the Plaintiff against the Defendants in the Office of the Prothonotary of Cumberland County on Febrary 25, 2010 to No. 10-1387 Mechanics Lien Docket. A full and complete copy of the Claim is attached hereto and incorporated herein as Exhibit "1". 4. Plaintiff was a subcontractor that performed work on property owned by Defendants at 506 Halyard Way, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 5. Plaintiff contracted directly with Sunnyrock Building and Design, LLC, who it is believed and averred contracted directly with the Defendants for the construction of a residence on property owned by Defendants. At all relevant times to the within action, the address and principal place of business of Sunnyrock Building and Design, LLC was 1780 Pinetown Road, Wellsville, Pennsylvania 17365. 6. A copy of the contracted work performed are attached as a part of the Mechanics Claim, Exhibit "1", as Exhibit "A". 7. Pursuant to this contract, Plaintiff furnished materials and performed labor in the installation of a stamped concrete driveway,walkways, area around the swimming pool and front entrance to the residence owned by Defendants at 506 Halyard Way, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 8. Plaintiff finished all contracted work on or about August 25, 2009. 9. The original contract price of the materials and labor provided by Plaintiff was $33,485.00 as set forth in Exhibit "A" attached to Exhibit" l." 10. Plaintiff has been paid the sum of $14,000.00 toward the total amount owed. 11. The amount remaining due as of August 26, 2009 is $19,485.00 plus interest from August 29, 2009, at the legal rate. 12. Plaintiff filed its Mechanics Claim not more than 6 months after the date of the completion of all work. WHEREFORE, Plaintiff seeks judgment on its Claim in the amount of $19,484.00 plus interest from August 26, 2009 at the legal rate and costs of suit. Respectfully submitted, Frey & Tiley, Attorneys for By: _ Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements 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. Dated: February ZO, 2012 Keystone Framing & Flatwork, Inc., t/d/b/a Nickel Concrete Construction By: z Brien Nickel, President fl-II& 0l ^W1O1IU1111z1 a/,? 57/6 gf 3:/o Q l'u41711 b,00rl411 fle- )U. KEYSTONE FRAMING & FLATWORK,: IN THE COURT OF COMMON PLEAS OF INC., t/d/b/a NICKEL CONCRETE : CUMBERLAND COUNTY, PENNSYLVANIA CONSTRUCTION, Claimant, V. CIVIL NO. 7 A;VZ e ERIC P. FIEDLER, M.D., TRUSTEE UNDER THE ERIC. P. FIEDLER M.D. : REVOCABLE TRUST AGREEMENT, : MECHANICS' LIEN and ERIC P. FIEDLER, Individually, Owner. TO: Eric P. Fiedler, M.D., Trustee Under The Eric. P. Fiedler M.D. Revocable Trust Agreement Eric P. Fiedler 506 Halyard Way Enola, PA 17025 TAKE NOTICE that the undersigned has filed a Mechanics' Lien Claim against the premises known as 506 Halyard Way, located in Enola, Cumberland County, Pennsylvania, 17025, of which Eric P. Fiedler, M.D., Trustee Under The Eric. P. Fiedler M.D. Revocable Trust Agreement and Eric P. Fiedler, and any other joint owner of record, are the owners in fee simple, for work and materials supplied in the erection, construction, and installation of a stamped concrete pool deck, coping around the pool edge, a Deco drain along the pool, concrete front entrance, and stamped concrete driveway, which amount that remains outstanding and unpaid is Nineteen Thousand Four Hundred Eighty-Five and 00/100 ($19,485.00) Dollars, plus applicable "e. ?iy.?? #//y filw4 interest as accrued since August 26, 2009. The lien was filed on February 25, 2010. A copy of the claim is attached. IRWIN & McKNIGHT, P.C. By: Dou s G. filer, Esquire 60 West Po et Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 83776 Attorney for the Claimant, Date: February 25, 2010 Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction 2 KEYSTONE FRAMING & FLATWORK,: IN THE COURT OF COMMON PLEAS OF INC., t/d/b/a NICKEL CONCRETE : CUMBERLAND COUNTY, PENNSYLVANIA CONSTRUCTION, Claimant, V. CIVIL NO. ERIC P. FIEDLER, M.D., TRUSTEE UNDER THE ERIC. P. FIEDLER M.D. : REVOCABLE TRUST AGREEMENT, : MECHANICS' LIEN and ERIC P. FIEDLER, Individually, Owner. MECHANICS' LIEN CLAIM Claimant, Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction, by and through its legal counsel, Irwin & McKnight, P.C., files this claim against Eric P. Fiedler, M.D., Trustee Under The Eric. P. Fiedler M.D. Revocable Trust Agreement and Eric P. Fiedler, Individually, and any other joint owner of record, and against the property, buildings, and improvements erected thereon at 506 Halyard Way, Enola, Pennsylvania 17025 for the payment of a debt due to Claimant as a subcontractor for the labor and materials furnished by Claimant in the erection, construction, and installation of a stamped concrete pool deck, coping around the pool edge, a Deco drain along the pool, concrete front entrance, and stamped concrete driveway at 506 Halyard Way, and in support makes the following statements: The Claimant is Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction, a Pennsylvania business corporation with its principal offices locates at 33 Halleck Drive, East Berlin, Adams County, Pennsylvania 17316. 2. The improvements and property which are subject to the claim are a multi-story, single-family dwelling, with a pool and other appurtenant land and cartilage, located at 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025, as more particularly described in that Corrective Deed dated December 10, 2008, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument # 200840031 (hereinafter the "Property") 3. The reputed owner of the Property at the time of furnishing of labor, goods, and materials and the attaching of the lien therefore is Eric P. Fiedler, M.D., Trustee Under The Eric. P. Fiedler M.D. Revocable Trust Agreement, Eric P. Fiedler, Individually, and any other joint owner of record (hereinafter the "Owner") 4. The Claimant contracted with 5unnyrock Building & Design, LLC (hereinafter the "Contractor"), who contracted directly with the Owner. 5. The labor and materials hereinafter referred to were furnished pursuant to a contract entered into with the Contractor, wherein the Claimant agreed to furnish certain labor and materials for improvements at the Property, and the Contractor agreed to pay for each item and service. A true and correct copy of the invoices between the Claimant and the Contractor are attached hereto and incorporated herein as Exhibit "A." 6. The labor and materials were furnished in and about the erection and construction of a single-family dwelling, with driveway, walkways, pool, and other improvements located at the Property. 2 7. The labor and materials hereinafter referred to were completed and furnished pursuant to the contracts between the parties. 8. The labor and materials furnished by the Claimant, accepted by the Contractor, and utilized in the erection and construction of the above-described improvements to the Property consisted of the following: concrete for a stamped driveway, pool deck, and front entrance, four (4) loads of stone, coping around the pool edge, a Deco drain along the pool, jack hammer for concrete removal, six (6) hours of skid loader use, and sealer, as more particularly described in the invoices attached hereto as Exhibit "A." 9. Claimant completed the finishing of the work, labor, equipment, and materials that are the subject of this claim on or about August 25, 2009, which is not more than six (6) months from the filing of this claim. 10. The original contract price of the materials and labor specifically set forth in Exhibit "A" was Thirty-Three Thousand Four Hundred Eighty-Five and no/100 ($33,485.00) Dollars, plus interest. 11. As of the date of filing, Claimant has been paid Fourteen Thousand and no/100 ($14,000.00) Dollars toward the debt due for the stated labor and materials. 12. The amount due as of August 26, 2009, for the labor, goods, and materials is Nineteen Thousand Four Hundred Eighty-Five and no/100 ($19,485.00) Dollars, plus applicable interest which has accrued since August 26, 2009. 13. Written formal notice of the Claimant's intention to file this claim was served on the Owner by posting the notice on or about January 20, 2010 on the front door of the home constructed on the Property, which date is more than thirty (30) days before the date of the filing 3 of this claim. A copy of the formal notice is attached hereto and incorporated herein as Exhibit 46B.17 14, The labor, goods, and materials are continuously furnished in and about the erection, construction, and installation of a stamped concrete pool deck, coping around the pool edge, a Deco drain along the pool, concrete front entrance, and stamped concrete driveway at the Property constituting the premises subject to the lien. 15. This lien is claimed against the fee simple interest of the Owner of 506 Halyard Way, Enola, Cumberland County, Pennsylvania 17025. WHEREFORE, Claimant, Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction, claims this lien upon the Property herein described in the amount of $19,485.00, plus any applicable interest as stated herein, together with costs, attorneys' fees and other relief deemed just against the owners of said premises. Respectfully submitted, IRWIN & McKNIGHT, P.C. ., By: Douglas G. filler, Esquire Supreme Court I.U. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Claimant, Date: February 25, 2010 Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction 4 VERIFICATION The foregoing document on behalf of the Plaintiff is based upon information which has been gathered by counsel for the Plaintiff in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Plaintiff's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiff according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Douglas G. er, Esquire Date: February 25, 2010 EXHIBIT "A" kef Voncrete Construction 33 Halleck Drive East Berlin, PA 17316 717-259-5387 or 717-465-1973 1780 Pinetown Road Wellsville, PA 17365 INVOICE DATE: 511112009 I INVOICE #1 8461 Job # Pfojed Pour Date #846 River Bend 4/3012009 QUANT DESCRIPTION PRICE EACH AMOUNT 1.00 Stamped concrete pool deck $12,700.00 $12,700.00 4.00 Loads of stone $405.00 $1,520.00 6.00 Skid loader $65.00 $390.00 1.00 Coping around pool edge $1,500.00 $1,500.00 1.00 Supply and install Deco drain along pool $200.00 $200.00 1.00 Jack hammer rental and labor for concrete removal in $475.00 $475.00 elevator shaft 1.0 Front entrance $1,600.00 $1,600.00 TOTAL DUE $18 Make all checks payable to Nickel Concrete Construction ?, .ckel p j Concrete J` Construction rit f 33 Halleck Drive East Win, PA 17316 717-259-5387 or 717465-1973 To: 1780 Pinetown Road Wellsville, PA 17365 INVOICE DATE: 8(2612009 INVOICE # _ Job* Project Pour QAw_ #885 Driveway 8118/2009 , QV DESCRIPTION PRICE EACH AMOUNT 1.00 Stamped concrete driveway f $15,000.00 $15.000.00 I TOTAL DUE $15,400.00{ Make all checks payable to Nickel Concrete Construction EXHIBIT "B" LAW OFFICES IRMN & McKMGHT, P.C. ROGER B. IRWAI MARCUS A. MMXNIGHT, Ill DOUGLAS G. MILLER STEI'IM L BLOOM MA?TMWA. McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 WWW.IRVWNMCKNIGHT. COM HAROLD & IRWIN (1923-1977) HAROLD & IWN. JR (1934-1946) MWIN, AtWx & MWIN (1936-1986) MIEN,IRWINA,I&MGMT (14461994) MWIN, MCZWGIIT&BUGAW (1991-2003) MWIN & Ak"ICWT (2003-2004) November 17, 2009 MR. ERIC P. FIEDLER 506 HALYARD WAY ENOLA, PA 17025 FORMAL NOTICE TO OWNER OF SUBCONTRACTOR'S INTENTION TO FILE MECHANICS' LIEN CLAIM Dear Mr. Fiedler: KINDLY TAKE NOTICE that Keystone Framing & Flatwork, Inc. t/d/b/a Nickel Concrete Construction intends to file a Mechanics' Lien Claim against the property described in Paragraph 6 below unless Sunnyrock Building & Design, LLC pays the amount due and owing under its contract within thirty (30) days after service of this Formal Notice. In accordance with Section 501 of the Pennsylvania Mechanics' Lien Law of 1963, as amended, the following is provided: 1. The name of the party claimant is Keystone Framing & Flatwork, Inc. tld/b/a Nickel Concrete Construction (the "Subcontractor"}. 2. The name of the person with whom the Subcontractor contracted is Sunnyrock Building & Design, LLC (the "Contractor"} on or about May 11, 2009, pursuant to which Subcontractor was to erect, construct, and install a stamped concrete pool deck, coping around the pool edge, a Deco drain along the pool, concrete front entrance, and stamped concrete driveway. 3. The amount presently claimed to be due under the Subcontract is $19,485.00, plus interest. Subcontractor has submitted invoices to Contractor pursuant to the contract between the parties in the aggregate principal amount of $33,485.00, of which Contractor to date has only paid $14,000.00. Contractor has failed and refused to pay the balance owed under the contract. Accordingly, Subcontractor claims the remaining amount due and interest from the respective due dates of the attached invoices. 4. The general nature and character of the labor and materials fiunished by Subcontractor is a stamped concrete pool deck, four (4) loads of stone, coping around the pool edge, a Deco drain along the pool, jack hammer concrete removal, concrete front entrance, stamped concrete driveway, and sealer. 5, The date of completion of Subcontractor's work for which Subcontractor intends to file a Mechanics' Lien Claim was August 25, 2009. SIR. ERIC P. FIEDLER RE: 506 HALYARD WAY, ENOLA, PA November 17, 2009 Page 2 of 3 6. The property which will be subject to Subcontractor's Mechanics' Lien Claim is approximately 1.01 acres situated in East Pennsboro Township, Cumberland County, Pennsylvania, having a mailing address of 506 Halyard Way, Enola, Pennsylvania 17025, and being more particularly described in that Deed recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania under instrument number 20084003 L 7. This notice is being provided in accordance with 49 P.S. § 1501 of the Pennsylvania Mechanics' Lien Law of 1963, as amended. WHEREFORE, FORMAL NOTICE is hereby given that the Subcontractor intends to file a Mechanics Lien Claim at the expiration of thirty (30) days after service of this Formal Notice upon the Owner, or his agents. Very truly yours, IRWIN & McKNIGHT, P.C. Dougl G. Miller DGM:tds Enclosures cc: Sunnyrock Building & Design, LLC KEYSTONE FRAMING & FLATWORK, INC. t/d!b/a NICKEL CONCRETE CONSTRUCTION Dated: November 17, 2009 Q? B y: BRIEN A. NICKEL, President 2 MFL EMC P. FIEDLER RE: 506 HALYARD WAY, ENOLA, PA November 17, 2009 Page 3 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the jtf day of November, 2009, before me, the undersigned officer, personally appeared, BRIEN NICKEL, who, after being duly sworn according to law, did depose and say that he is the President of KEYSTONE FRAMING & FLATWORK, INC. t/d/b/a NICKEL CONCRETE CONSTRUCTION, the Subcontractor and Claimant described in the foregoing Formal Notice, that he is authorized to make this Affidavit, and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information, and belief. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires (SEAL) Notary b . TH OF PENNSYLVANIA Nowma" Uw" L WA Nobly PU NC effm fom, GW"fta ccumy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?ga?ttr of ?uaadrr?ahd OFFICE OF THE S4ERIFF FILED-40W CE t?F THc P,ROTrn'dOTARY Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010 MAR -5 PM 2: 37 `JNTY PLI NS' I.,.VA14iA Keystone Framing & Flatwork, Inc., t/d/b/a Nickel Concrete Constructio Case Number vs. 2010-1387 MLD Eric' ric P. Fiedler, MD, Trustee Under the Eric P. Fiedler, MD Revocable T (et al.) SHERIFF'S RETURN OF SERVICE 03/02/2010 04:50 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2010 at 1650 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Eric P. Fielder, M.D., Trustee Under the Eric P. Fiedler M.D. Revocable Trust Agreement, 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 March 1, 2010 Deputy Mark Conklin attempted personal service on Eric P. Fielder M.D., Trustee Under the Eric P, Fielder M.D. Revocable Trust Agreement at 506 Halyard Way Lot 29, Enola, PA 17025. However, the residence is under construction and no one is currently living at this residence. STEPHE BENDER, DEPUTY 03/02/2010 04:50 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2010 at 1650 hours, he served a true copy of the within 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 March 1, 2010 Deputy Mark Conklin 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: $69.94 March 03, 2010 NOTARY Affirmed and subscribed to before me this day of M Coup"ySUOe She,ft Te,ecsnR. Inc STEPHEN BENDER, DEPUTY SO ANq j;SS?e RO R ANDERSON, SHERIFF KEYSTONE FRAMING & FLATWORK, INC. t.d.b.a. NICKEL CONCRETE CONSTRUCTION Plaintiff vs. ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER M.D. REVOCABLE TRUST AGREEMENT, and ERIC P. FIEDLER, individually Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN SYL?AN1,1jV =M CIVIL ACTION - LAW NO. 10-1387 MLD' _ ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW, comes Capozzi & Associates, P.C., Attorneys for Defendant, and respectfully answers Plaintiff's Complaint as follows: 1. Paragraphs 1-9 are admitted. 2. Paragraph 10 is neither admitted nor denied. By way of further explanation, Defendant avers that his payments towards the contracted work were paid directly to Sunnyrock Building and Design, LLC ("Sunnyrock") and Defendant has no knowledge of the history of payments between Sunnyrock and Plaintiff. 3. Paragraph 11 is neither admitted nor denied. By way of further explanation, Defendant has no knowledge of Sunnyrock's payments to Plaintiff and therefore cannot confirm Plaintiff's claimed past due amount. 4. Paragraph 12 is admitted. NEW MATTER AFFIRMATIVE DEFENSE - WAIVER OF LIEN 5. Pursuant to 49 P.S. § 1402, "a written contract between the owner and a contractor, or a separate written instrument signed by the contractor, which provides that no claim shall be filed by anyone, shall be binding: but the only admissible evidence thereof, as against a subcontractor, shall be proof of actual notice thereof to him before any labor or materials were furnished by him; or proof that such contract or separate written instrument was filed in the office of the prothonotary prior to the commencement of the work upon the ground or within ten (10) days after the execution of the principal contract or not less than ten (10) days prior to the contract with the claimant subcontractor, indexed in the name of the contractor as defendant and the owner as plaintiff and also in the name of the contractor as plaintiff and the owner as defendant." 6. On or about November 14, 2008, Defendant and Sunnyrock signed a Stipulation against Liens ("Stipulation) which waived Plaintiffs right to have file, or maintain any mechanic's lien against Defendant's property. A true and correct copy of the Stipulation is attached hereto as Exhibit "A." 7. The Stipulation states affirmatively that Sunnyrock, its subcontractors, and all parties acting; through or under it or them, "expressly waives and relinquishes any right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of the improvements." 8. The Stipulation was filed with the Office of the Prothonotary of Cumberland County, Pennsylvania prior to the commencement of construction, on or about December 9, 2008. 9. Plaintiff, by its own admission in their Notice of Intent to File Mechanic's Lien Claim to Defendant, subcontracted with Sunnyrock on or about May 11, 2009. 10. The Stipulation was filed with the Office of the Prothonotary of Cumberland County, Pennsylvania prior to commencement of the work upon the ground, within ten days after the execution of the principal contract, and not less than ten days prior to the contract between Sunnyrock and Plaintiff. 11. Pursuant to 49 P. S. §1402 and the Stipulation, Plaintiff has no right to have, file, or maintain any mechanic's lien or claim against Defendant and their Complaint should therefore be dismissed by this Honorable Court. UNCLEAN HANDS 12. Pennsylvania law is clear that a court may bar relief "when the court, within its discretion, finds the party seeking affirmative relief is guilty of fraud, unconscionable conduct or bad faith directly related to the matter at issue which injures the other party and affects the balance of equities between the litigants." Equibank v. Adle, Inc., 595 A.2d 1284 (Pa. Super., 1991) (citing In re Estate ofPedrick, 482 A.2d 215 (Pa. 1984)). 13. Defendant hereby believes and avers that Plaintiff failed to perform their contracted work in a good and workmanlike manner which justifies barring relief in the form of judgment on the basis of unclean hands. 14. Specifically, Plaintiffs unworkmanlike manner has caused the concrete of Defendant's property to sink into the ground by more than an inch, which has cracked the concrete and presents a hazard to anyone using the adjoining pool. The cost to remedy the Plaintiff s unworkmanlike results will incur the Defendant substantial expense. 15. Also, Plaintiffs unworkmanlike manner has caused the floor of the garage to slope improperly to the floor drains, preventing proper drainage. The cost to remedy the Plaintiff s unworkmanlike results will incur the Defendant substantial expense. 16. Pursuant to the doctrine of unclean hands, Plaintiffs Complaint should be dismissed by this Honorable Court. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss the aforementioned Complaint, with prejudice. DATE: L I L DATE: 2 L Respectfully submitted, CAPOZZI & ASSOCIATES, P.C. Craig L Adler, Esquire Attorney ID: P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant gaul R. Van Fleet, Esquire P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant 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: 22 12-911 Z DATE: -3-11z 111, THE ERIC P. FIEDLER M.D. REVOCABLE TRUST (ric Fiedler, Trustee Fkic Fiedler, Individually 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): Robert G. Frey Frey & Tiley South Hanover Street Carlisle, PA 17103 Date: 1 Z Craig L Adler KEYSTONE FRAMING & FLATWORK, INC. t.d.b.a. NICKEL CONCRETE CONSTRUCTION Plaintiff vs. ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER M.D. REVOCABLE TRUST AGREEMENT, and ERIC P. FIEDLER, individually Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1387 MLD > -_y PRAECIPE TO ATTACH EXHIBIT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please attach the following Stipulation of Liens, filed with the Prothonotary of Cumberland County on December 9, 2008 under Matter No. 08-7208, as Exhibit "A" to the Answer to Complaint and New Matter filed on March 28, 2012, under the above referenced Matter. Respectfully submitted, DATE: j' aul R. Van Fleet, E uire Attorney ID: 312135 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant 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): Robert G. Frey Frey & Tiley 5 South Hanover Street Carlisle, PA 17103 Date: aul R. V n Fleet 2 Exhibit "A" QCT-0 --20U5 lU-UU V? 1•MIVJJ coxv,20, COP'S' O TA 0- S'x'IPULATION AGAINST LIENS Eric P. Fiedler, Trustee under the Eric P. Fiedler, MTV Revocable Trust Agreement, Owner V. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-'?zo8 Jonathan L. Ruhsam Mwa&g Member and SumnyRock Building 8cDesign LLC Z OO % 1 !? WHEREAS, Contactor has umderwku n and agreed to perform the Construction on dw om twin pared of land situate in Fast Pennsboro Township, Cumberland County, Pemsylvania, des=bed more fuuy on Exhibit A. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar in head paid to it by Owner, the receipt whereof is hereby ac]mowledgod, and the further consideration mentioned in the agreement aforesaid, for itself and its subcontractors, and all parties acting through or under it or them, covenants and agrees that no mecbamies liens or claims shall be filed or maintaiucd by it or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials fiunished by it or any of them under said contract or other, ur, for, towards, in or about the Construction of the residence on Lot No. 29, RiverBend, known as 506 Halyard way, on the; of above described, and the said Contractor; for itself, its subcontractors and others under it bemby expressly waives and relinquishes th*e right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of the iuzprovements, and agrees that this instrument, waiving the right of lien, shall be an independent covenant. IN WITM SS WHEREOF, the parties hereto intending to be legally bound have hcrcuato set their hands and seals the day and year fzrst above written. OWNER(S) Eri P. Fiedler, Trustee OCT -0_-2009 10:00 CT LANl1 Commonwealth of Pennsylvania CONTRACTOR.- Su nnyrock Building & Design LLC: By: L. Ruhsam. Managing Member ss County of Cumberland On this, the ' tT day of ?e &h A ? before me, the undersigned officer, personally appeared Eric P. Fiedler, Trustee under the Eric P. Fiedler, MD Revocable Trust Agreement (Owner) And ]ona#han L. Ruhsam, Managing Member of Suumyrock Building & Design, LLC (Contractor), known to me (or satisfactorily proven) to be the persons whose names are subscn-W to the within instrument, and acknowledged. that they exocuted the same in their capacities as Trustee and Managing Member for the purposes therein contained. IN V TTNESS WIMEOF, I herv=to set my hand and official seal. o??( ? My Commission Expires: ,? 1, g2ftoNWEALTH OF PENNSYLVANW Balma L ONWO. NftV Pfbic ?Twp, Oftoin ORM WCam+SbnExplmAsh. 24,2D10 wamw, Pennsylvania A na of HOWIM -OCT-Ui-2009 10'00 CT LAND P.003 RECEIPT FOR PAYMENT Cumberland County 'Prothonotary's Office Receipt Date 12/09/2008 Carlisle, p 17013 Receipt Time 14:08:44 Receipt No. 218234 FIEDLER ERIC P TRUSTEE (VS) RUHSAM JONATHAN L ET AL Case Number 2008-07208 Received of PD CT LA-M SERVICES CO j y, Total Non-Cash..... + 21.00 Check# 26090Q Total Cash.. ...... + .00 Change ............. - .00 Receipt total...... _ $21.00 -----------------=------ Distri-butiou Of Payment Transaction: De$crip`tion Payment Amount STIP VS LIENS 16.00 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATION FUND $21.00 OCT-Oi-2009 10:00 CT LAND 4 n?m e m a3?, go Q Z ? a m ? o ? N S N n ? V P.004 a r t ? y N ? t EL ' m a I m ?p 00 m I t t t I o al co o CD o TOTAL P.004 KEYSTONE FRAMING & FLATWORK, IN THE COURT OF COMMON PLEAS OF INC. t.d.b.a. NICKEL CONCRETE CUMBERLAND COUNTY, PENNSYLVANIA CONSTRUCTION Plaintiff vs. ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER M.D. REVOCABLE TRUST AGREEMENT, and ERIC P. FIEDLER, individually Defendants C") CIVIL ACTION - LAW cm n, x -? NO. 10-1387 MLD r" ? 0 ? © vz -- -t AMENDMENT TO PRE-TRIAL MOTION TO STRIKE MECHANIC'S LIEN NOW COMES, Defendant Eric P. Fiedler, Trustee under the Eric P. Fielder M.D. Revocable Trust Agreement, and Eric P. Fiedler, individually, and files this Amendment to Trial Motion to Strike Mechanic's Lien, and support thereof, hereby avers: 1. Pursuant to Pennsylvania Rule of Civil Procedure § 208.3(a)(2), on May 16, 2012, at Docket No. 2010-1093, the Honorable Thomas A. Placey issued an Order discharging another mechanic's lien on the property located at 508 Halyard Way, Enola, PA for failure of the Plaintiff in that case to file a complaint to enforce their mechanic's lien within the two year statutory limit. A true and correct copy of that Order is attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure § 208.3(a)(9), concurrence was from opposing counsel in this matter and was not obtained. Respectfully submitted, DATE: o4- /05 /(Z CAPOZZI & ASSOCIATES, P.C. -- z i <- c-1 61 R. Van Fleet, Esquire Attorney ID: 312135 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I have, this date, mailed a true and correct copy of the pleading by United States mail, first-class, postage prepaid, addressed to the fo individual(s): Robert G. Frey Frey & Tiley 5 South Hanover Street Carlisle, PA 17103 Date a l R. Van Fleet 3 EXHIBIT "A" MARK FRESE, Claimant V. ERIC P. FIEDLER, Owner eEiV I IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - MECHANIC'S LIEN CIVIL ACTION NO: 2010-31@3 .rn 5w IN RE: MECHANIC'S LIEN CLAIM C_? ORDER OF COURT pc N 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 property at 506 Halyard Way, Enola, Pennsylvania at the above-referenced term and number is DISCHARGED from the subject property Thomas A. Placey C. P.J. -6 C. Distribution List: Craig I. Adler, Esq. Capozzi and Associates, P.C. Paul R. Van Fleet, Esq. P. O. Box 5866 Harrisburg, PA 17110 Neil W. Yahn, Esq. James, Smith, Dietterick & Connelly, LLP. P. O. Box 650 Hershey, PA 17036 mh 4? , KEYSTONE FRAMING & FLATWORK, INC. t/d/b/a NICKEL CONCRETE CONSTRUCTION Plaintiff V ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER, M.D. REVOCABLE TRUST AGREEMENT, AND ERIC P. FIEDLER, INDIVIDUALLY Defendants of *"201W IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL DISTRICT CIVIL ACTION - LAW DOCKET NO: 2010-1387-MLD IN RE: MOTION TO DISCHARGE MECHANIC'S LIEN RULE TO SHOW CAUSE AND NOW, this 12a' day of July 2012, upon consideration of Defend Motion to Discharge Mechanic's Lien a rule to show cause is issued upon Plai show cause, if any, why the relief requested by Defendants should not be granted. RULE RETURNABLE within 20 days from the service of this order. By the Thomas A. Placey C.P.J. Distribution List: /Paul R. Van Fleet, Esquire Capozzi and Associates, P.C. P. 0. Box 5866 Harrisburg, PA 17110 ..per V? x ?c3 as . N ?v r.? to o ?TI .W Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 (e-5 &La At KEYSTONE FRAMING & FLATWORK, INC. t.d.b.a. NICKEL CONCRETE CONSTRUCTION Plaintiff vs. ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER M.D. REVOCABLE TRUST AGREEMENT, and ERIC P. FIEDLER, individually Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C D NO. 10-1387 MLD ?c, Yy , MOTION FOR ENTRY OF JUDGMENT TO DISCHARGE MECHANIC'S LIEN 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. Plaintiff Keystone Framing and Flatwork, Inc. ("Plaintiff'), by and through his counsel, Frey and Tiley, filed a Mechanic's Lien Claim (the "Claim") with this Court against Eric P. Fiedler ("Defendant") on February 25, 2010 in the amount of $19,485.00 against the property known as 506 Halyard Way, Enola, Pennsylvania 17025. 2. On February 23, 2012, Plaintiff filed a Complaint with the Cumberland County Prothonotary's Office seeking to enforce the Claim. 3. On March 28, 2012, Defendant filed an answer to Plaintiff s Complaint. 4. Within their Answer, Defendant averred that a valid Stipulation against Liens had been filed with the Office of the Prothonotary of Cumberland County at Docket No. 08-7208, which provided an affirmative defense to the Complaint. A true and correct copy of the Stipulation is attached hereto as Exhibit "A." 1 5. Pursuant to 49 P.S. § 1402, "a written contract between the owner and a contractor, or a separate written instrument signed by the contractor, which provides that no claim shall be filed by anyone, shall be binding: but the only admissible evidence thereof, as against a subcontractor, shall be proof of actual notice thereof to him before any labor or materials were furnished by him; or proof that such contract or separate written instrument was filed in the office of the prothonotary prior to the commencement of the work upon the ground or within ten (10) days after the execution of the principal contract or not less than ten (10) days prior to the contract with the claimant subcontractor, indexed in the name of the contractor as defendant and the owner as plaintiff and also in the name of the contractor as plaintiff and the owner as defendant." 6. The Stipulation states affirmatively that Sunnyrock, its subcontractors, and all parties acting through or under it or them, "expressly waives and relinquishes any right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of the improvements." 7. The Stipulation was filed with the Office of the Prothonotary of Cumberland County, Pennsylvania prior to the commencement of construction, on or about December 9, 2008. 8. Plaintiff, by its own admission in their Notice of Intent to File Mechanic's Lien Claim to Defendant, subcontracted with Sunnyrock on or about May 11, 2009. 9. The Stipulation was filed with the Office of the Prothonotary of Cumberland County, Pennsylvania, prior to commencement of the work upon the ground, within ten days after the execution of the principal contract, and not less than ten days prior to the contract between Sunnyrock and Plaintiff. 2 10. Pursuant to 49 P.S. §1402 and the Stipulation, Plaintiff has no right to have, file, or maintain any mechanic's lien or claim against Defendant and its lien should therefore be struck and discharged. 11. On July 3, 2012, Defendant submitted to this Honorable Court a Pre-Trial Motion to Discharge Mechanic's Lien and submitted a sample order to discharge such lien. 12. On July 12, 2012, this Honorable Court entered a Rule to Show Cause directing Plaintiff to show cause why an Order should not be entered in Defendant's favor. Claimant had 20 days to respond to said Order. A true and correct copy of the Rule to Show Cause is hereby attached as Exhibit "B." 13. As of the present date, which is 20 days after the issuance of this Honorable Court's Rule to Show Cause, Plaintiff has filed no such response showing cause why an order should not be entered in Defendant's favor. 14. Pursuant to Pa.R.C.P. § 206.7, if an answer is not filed, all allegations contained in the Pre-Trial Motion maybe deemed admitted and this Honorable Court shall enter an appropriate Order. (rest of page intentionally left blank) WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment for the Defendant, Eric Fiedler, and file an Order discharging Plaintiffs Mechanic's Lien with respect to the property at 506 Halyard Way, Enola, PA 17025, with prejudice, and grant any other remedies this Honorable Court finds appropriate. Respectfully submitted, DATE: (? 45 b Z 2, ?? . Pal-R- Van Fleet, Esquire Attorney ID: 312135 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant 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): Robert G. Frey, Esq. Frey & Tiley 5 South Hanover Street Carlisle, PA 17103 Date: _0$/ () Z C/ Z ,/ 2 ? ?"aul R. Van Fleet 5 EXHIBIT "A" OCT-01-.20U13 iv:UU i,I t."I C EjTtM D 'iWUE AND ,,? CIORRYCry COPY O TISTIT, ( FyST• ?? STIPULATION AGAINST LIENS Eric P. Fiedler, Trustee under the : IN THE COURT OF COMMON PLEAS Eric P. Fiedler, MD Revocable Trust Ageement, :CUMBERLAND COUNTY, PENNSYLVANIA Owner V. Jonathan L. Ruhsam Managing Member and SunnyRock Building dt Desiga LLC Contractor c? NO, o8-'72,08 Mc fl T??? K7` ? rv a A A7 tp zx cn o? WHEREAS, Contractor has undertaken and agreed to parfarm the Conmction on that certain parerl of land situate in Fast Peaasboro Township, Cumberland County, Pennsylvania, des='bed more fully on Exhibit A. NOW, TEMREFORE, THIS AGREF.NUNT WTINESSETH: That the said Contractor, for and in consideration of the suum of One ($1.00) Dollar in hand paid to it by Owner, the receipt whereof is hereby aelmowledgod, and the fiutha consideration mentioned in the agreement aforesaid, for itself and its subcontracwrs, and all parties acting (tough or under it or them, covenants and agrees that no mechanic's liens or claims shall be filed or maittaived by it or gay of them against the said bindings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by it or any of them under said contract or other vase, for, towards, in or abort the Constriction of the residence on Lot No. 29, RiverBend, known as 506 Halyard way, on the 4ot above described, and the said Contractor,-for itself, its subcontractors and otters under it hereby expressly waives and relinquishes tltc right to have, file, and maintain any mechanic's hens or claims against the said buildings or any of the' ovements, and agrees that this instrument, waiving the right of lien, shall be an independent covenant. IN WITNESS -WHEREOF, the parties hereto intending to be legally bound have hereunto set their Lands and seals the day and year first above written. OWNER(S) Err P. Fiedlear, Trustee fY T-C. -2009 :0 : 00 CT LANs) W CONTRACTOR: Sunnyrock Balding & Design LLC: r By: L. 5?fRuhsam- M? Member Commonwealth of Pennsylvania, ss County of Cumbedkand on this, the day ? of ? before me, the undersigned officer, ?a?? personally appeared Eric P. Fiedler, Tnsstec under the Elie P. Fiedler, MD Revocable Trust Agmement (Owner) And Jonathan L. Ruhsam, Managing Member of S==rock Building & Design, LLC (Contra wr), known to = (or satisfactorily provra) to be the persons whose names are subsen'bed to the within iamumert, and acknowledged that they cx=nod the same is their capacities as Trustee and Managing Member for the purposes therein contained. IN V4TNFM WEMOF, T hercunto set my hand and official seal. 14otary Public My Commission Expires: N*" sae! &S*WWM Twp6. INWW any Come WW BOM A* X 290 coMuto-rrE aFPE v,W W*rjw. PeM syNaM A160ds9M of Haftrtn OCT-Ui-2009 10:00 CT LAND F.003 .J ,N-1t RECEIPT FOR PAYMENT --=a====-====-W==== Cx=erland Count Prothonotary s Office Receipt Date 12/09/200a Carlisle, Ya 17013 Receipt Time 14:08:44 Receipt No. 218234 FIEDLER ERIC P TRUSTEE (VS) RUHSAM JONATHAN L ET AL Case Number 2008-07208 Received of PD CT L,ZLVD SERVICES CO JN Total Non-Cash..... + 21.00 Check# 26090Q Total Cash......... f 00 Change ............. - .00 Receipt total...... _ $21.00 -- --------------- Distri-bution Of Payment ----------------,------------ Transaction Description. Payment Amount STIP VS LIWIS 16.00 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATION _ TND $21.00 3oo•d IVIOL 0 rn 0 ca N l i fioo I d 00 U c M W a ? U a s 0 0 c) to N Q r m?p ? m CL ? g N (? zz4 f) V 19- (m LU !?o U CL a"Z 10 00:01 600Z-10-100 i i EXHIBIT "B" «. . ? KEYSTONE FRAMING & FLATWORK, INC. t/d/b/a NICKEL CONCRETE CONSTRUCTION Plaintiff V ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER, M.D. REVOCABLE TRUST AGREEMENT, AND ERIC P. FIEDLER, INDIVIDUALLY Defendants 0000040f tftmo% IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL DISTRICT CIVIL ACTION - LAW DOCKET NO: 2010-1387-MLD IN RE: MOTION TO DISCHARGE MECHANIC'S LIEN RULE TO SHOW CAUSE AND NOW, this 12th day of 7uly 2012, upon consideration of Motion to Discharge Mechanic's Lien a rule to show cause is issued upon Plai show cause, if any, why the relief requested by Defendants should not be granted. RULE RETURNABLE within 20 days from the service of this order. By the. QuEL u Thomas A. Placey C.P.J. Distribution List: /Paul R. Van Fleet, Esquire Capoai and Associates, P.C. P. 0. Box 5866 Harrisburg, PA 17110 i? -?3 cnp 'Pon zo 5;c= -e' N Q N C- -v s N to rn-- ©G -l o o? x r., C) r.r. 1 {I 4 Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 ( 'es OP ( 009W KEYSTONE FRAMING & FLATWORK, INC. t/d/b/a NICKEL CONCRETE CONSTRUCTION Plaintiff V ERIC P. FIEDLER, M.D. TRUSTEE UNDER THE ERIC P. FIEDLER, M.D. REVOCABLE TRUST AGREEMENT, AND ERIC P. FIEDLER, INDIVIDUALLY Defendants I f"W"k IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL DISTRICT CIVIL ACTION - MECHANIC'S LIEF DOCKET NO: 2010-1387-MLD IN RE: MOTION TO DISCHARGE MECHANIC'S LIEN ORDER OF COURT AND NOW, this 7th day of August, 2012, upon consideration of the Motion Entry of Judgment To Discharge Mechanics' Lien, filed by the Owner in the a captioned matter, and it appearing that: (a) despite this court's July 12, 2012 Rul4 to Show Cause, Claimant has not filed a Response to the underlying Motion; (b a Stipulation Against Liens pertaining to the subject property, 506 Halyard Way, En la, Cumberland County, Pennsylvania, was executed by and between Owner Eric P. Fiedler, Trustee, and Jonathan L. Ruhsam, Managing Member of Contractor Sunnyrock Bui & Design, LLC, and subsequently filed on December 9, 2010 in the Office of Prothonotary of Cumberland County, Pennsylvania at docket number 2008-7208; (c) by way of the Stipulation Against Liens, Contractor expressly waived the filing of ?ny Mechanic's Lien filed by itself, as well by its subcontractors; (d) Claimant wa? a subcontractor of the Contractor that executed the Stipulation Against Liens, nam?ly Sunnyrock Building & Design; (e) that statutory authority to permit such an waiver is codified at 42 P.S. § 1402; and (f) no basis has been shown by Claimant a? to why the Stipulation Against Liens is not effective or should otherwise be invalida ed; Owner's Motion to Discharge Lien is GRANTED, and the Mechanic's Lien Claim led upon the subject property at 506 Halyard Way, Enola, Pennsylvania at the referenced term and number is DISCHARGED from the subject property. By the Court, Thomas A. Placey Distribution List: ? Paul R. Van Fleet, Esquire Capozzi and Associates, P.C. P. 0. Box 5866 Harrisburg, PA 17110 ? Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 C.P.J. c 0 n,