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HomeMy WebLinkAbout01-1141KEVIN J. VILLAKREAL d/b/a VILLARREAL FLOORING, Claimant NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :No.: O/- 1/"// fY'll. : Mechanics' Lien NOTICE OF MECHANICS'S LIEN CLAIM TO: Nicholas J. Ortega Brenda E. Ortega 1361 Sherman Drive Mechanicsburg, PA 17055 Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County on February 27, 2001 at the above captioned docket number. A true and correct copy of the Mechanics' Lien Claim is attached hereto for your convenience. Date: February 27, 2001 Respectfully submitted, REAGER & ADLER, P.C. Thomhs O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Claimant KEVIN J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Claimant NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: : Mechanics' Lien MECHANICS' LIEN CLAIM Claimant, Kevin J. Villarreal t/d/b/a Villarreal Flooring (hereinafter "Villarreal"), files this Mechanics' Lien Claim against Nicholas J. Ortega and Brenda E. Ortega, husband and wife (hereinafter "Ortega"), Owner/Reputed Owner and against the building hereinafter described and the curtilege appurtenant thereto for the payment ora debt due Villarreal as contractor in the construction of the building and curtilege appurtenant thereto. The following is the statement of the claim of Villarreal: 1. The name of the Claimant is Kevin J. Villarreal t/d/b/a Villarreal Flooring, an adult individual, with a principle place of business located at 1020 Mountaindale Road, Marysville, Pennsylvania 17053 and files this claim as a contractor. 2. The names and address of the Owner/Reputed Owner at the time of the furnishing of the labor, goods and materials and the attaching of the lien therefore are Nicholas J. Ortega and Brenda E. Ortega, with a residence of 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Claimant contracted with the Owner/Reputed Owner pursuant to Pumhase Orders and verbal orders issued by Ortega, the Owner/Reputed Owner's of the property known as 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is the subject of this mechanics' lien which property is more specifically described in the deed attached hereto and made a part hereof at Exhibit "A". 4. The nature and character of the labor and materials provided pursuant to the aforementioned Purchase Orders and verbal orders included installation of carpeting, ceramic and hardwood flooring and all materials relating thereto. The specific description of work performed by the Claimant and the prices charged therefor are set forth in the Claimant's invoices which are attached hereto and made a part hereof at Exhibit "B". 5. Under the Purchase Orders and verbal orders, the Owner/Reputed Owner was to pay Claimant on a unit price basis for installation work plus the cost of materials. 6. The Claimant invoiced the Owner/Reputed Owner as agreed and in the amounts agreed to in the Purchase Orders and verbal orders. 7. The total amount billed to the Owner/Reputed Owner is $30,740.15 of which the Owner/Reputed Owner has only paid $23,860.85. 8. Despite demand, the Owner/Reputed Owner, Ortega has failed to pay Claimant the total amount of its invoices leaving a principal balance due of $6,879.30. 9. The amount or sum claimed to be due for the labor and materials is $6,879.30, plus interest at the rate of 6% per annum on the unpaid balance from the date of completion of Claimant's work. l 0. Claimant commenced its work on or about October 11, 2000. Claimant provided the labor and materials in a good and workmanlike manner and completed its work on November 16, 2000. 11. The lien is claimed against the fee simple interest of the Owner/Reputed Owner in the aforesaid premises. 2 WHEREFORE, Claimant claims to have a lieu upon the premises herein described in the amount of $6,879.30 plus interest at the rate of 6% per annum on said sum plus costs against the Owner/Reputed Owner in the premises. Date: February 27, 2001 Respectfully submitted, REAGER & ADLER, P.C. Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Claimant EXHIBIT "A" THIS DEED ParceI No.: 22-10-0640-089 MADE THE 24"~ day o£Marcb in the year of our Lord two thousand (2000). BETWEEN CAROL G. KNISELY, widow, of Monroe TownsIfip, Cumberland County, Pennsylvania, hereinafter referred to as: and NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, his wife, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as: r,o Grap39r, cz [.~ WITNESSETII, that in consideration of FORTY-FOUR 'I'IIOUSAND AND XX/IO0 ($44,000.00) Dollars in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, thelr heirs and assigns, as tenants by the entireties: ALL that certain lot or parcel of land situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, according to a subdivision plan prepared by Stephen G. Fisher, P.L.S., entitled Final Subdivision Plan for L. Donald Knisely and Carol G. Knisely, dated August 25, 1997, last revised on November 18, 1997, and recorded on December 1, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 75, Page 140, being bounded and described as follows, to wit: BEGINNING at a Parker Kalon nail set in tile centerline of Shuman Drive (T- 551) at the northeast corner of Lot No.8 on the above-mentioned plan; thence along the centerline of Shuman Drive North 66 degrees 47 minutes 34 seconds East a distance of 230.51 feet to a railroad spike set in the centerline of Shuman Drive at the northwest comer of Lot No.6 on the above-mentioned plan; thence along the dividing line between Lot No. 7 and Lot No. 6 on the above-mentioned plan, and passing tlu'ough an iron pin set, South 23 degrees 12 minutes 26 seconds East a distance of 499.19 feet to an iron pin set at the southwest comer of Lot No.6 on the above- mentioned plan; thence along lands now or formerly &The Raymond E. Diehl and Genevieve A. Diehl Limited Partnership South 67 degrees 25 minutes 59 seconds West a distance of 230.53 feet to an iron pin set at the southeast comer of Lot No. 8 on the above-mentioned plan; thence along the dividing line between Lot No. 7 and Lot No. 8 on the above-mentioned plan, and passing through an iron pin set, North 23 degrees 12 m/maes 26 seconds Wes{ a distance of 496.61 feet to a Parker Kalon nail set in the centerline of Shuman Drive, the point and Place of BEGINNING. 2i8 CONTAINING a net area of 2.503 acres. BEING designated as Lot No.7 on the above-mentioned plan. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, conditions, building and set-back lines as set forth on the above-mentioned plan or otherwise, recorded or unrecorded. BEING part of the same premises which L. Donald Knisely, Sara K. Wickard and Nancy K. Grove, Co-Executors of the Last Will and Testament of Lloyd H. Knisely, by their Deed dated June 27, 1986, and recorded July 1, 1986, in the Office of the Recorder of Deeds aforesaid in Deed Book Z, Volume 31, Page 603, granted and conveyed unto L. Doanld Knisely and Carol G. Knisely, husband and wife. The said L. Donald Knisely having died October 27, 1999, title vested solely in the said Carol G. Knisely, Grantor herein. AND UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the within described tract of land only and shall not be deemed binding on other lands of Grantor, with which building and use restrictions the within Grantees, their heirs and assigns, by acceptance of this Deed, agree to comply: 1. This tract of land shall be used for residential purposes only. No business (except home occupations), commercial or industrial uses whatsoever shall be permitted on this tract of land. 2. No trailer, mobile home or similar structure, commercial vehicle, tractor/trailer or similar equipment may be located on this tract of land temporarily or permanently, for any use whatsoever, un[ess enclosed Iotally in a garage by the owners or their guests m' visitors. Provkled, however, that trucks engaged in pickup, delivery, or temporary service (e.g. during construction) shall be permitted. 3. No basement, tent, shack, garage, barn, or structure of a temporary character shall be erected on this tract of land and used as a residence either temporarily or permanently. 4. No advertising or display sign (except home occupation sign) shall be erected or maintained on this tract of land other than the customary "For Rent" or "For Sale" signs when the same pertain to the premises on which they are located. One home occupation sign shall be permitted but shall not be larger than six (6) inches by eighteen (18) inches. 5. Nothing shall be done on this tract of land which may be or become an annoyance or nuisance to the neighborhood. permitted. No log homes, mobile homes, modular homes or double-wide homes shall be 00[ 218 320 7, All construction and landscaping on this tract of land shall be completed within one (1) year of the commencement of such construction, No fill shall be permitted to remain un-graded for a period in excess of 30 days. 8. The within covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them. 9. The ground floor living area of any main dwelling house constructed on the tract of land, exclusive ofpomhes, patios and garages, shall be not less than 1,500 square feet of a one-story dwelling (excluding basement), and the total living area of any dwelling house exceeding one story, exclusive of porches, patios and garages, shall be not less than 1,800 square feet. 10. Any dwelling house constructed, erected or placed on this tract of land shall have a garage which shall bc erected at the same time as the dwelliog house. 11. No outside fuel or gas tanks may be placed on this tract of land. 12. A 11 utility llncs servicing this tract of/and or any dwelling or building thereon shall be buried and placed underground. 13. No unlicensed vehicles shall bc allowed on this tract of land at any time. 14. The unimproved portions of this tract of land shall be maintained at all times and any owner or occnpier shall keep the same free of weeds or other objectionable growth, and in good order. 15. No rubbish may be dumped at any place on this tract of land, and all such material must be removed. 16. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 17. Free standing television and radio towers must be at least eighty (80) feet from the right-of-way centerline and conform to the Township set-backs for buildings. Satellite dish type antennas must either be of wire mesh (see-through) type, painted black, or shall be screened with natural vegetation, must conform to the Township set-backs for buildings, and cannot be placed in the front of side yard of any dwelling house. 18. No livestock, poultry, or animal of any kind shall be kept on this lot. except household pets which are housed in the principal dwelling house, and which pets shall not be permitted to be out-or-doors unleashed. 218 Pa [ 321 I hcreby ccrti£y that thc precise residence and complcte post office address of the within Grantees is: COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBEP, LAND ) RECORDED on this @°} dayof P0~ A.D. 2000, intheRecorder'sOfficcofthesaid County }n Deed Book O~ I~' Page 517 ' Given under my hand and Ibc seal of Iht said office, thc date above written. STEPHEN L. BLOOM I\'I'TI)RNEY AND C¢)UNSELL¢)R AT LAW 21 00 LONGS GAP ROAD CARLISLE, PENNSYLVANI.4, 1 701 3 EXHIBIT "B" Villarreal Flooring 1020 Mountaindale Drive Marysville, PA 17053 Free Estimates Commercial, Industrial, Residential Installation and Sales 957-3072 ITEM QUANTITY DESCRIPTION - ,'9/ "~ PA SALES TAX THANK YOU! TOTAL TERMS: AMOUNT DEPOSIT WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB A service charge of I 5% on all invoices over 30 days Deposit will be forfeited if purchaser does not com- plete transaction 2% measurement tee charged on canceled orders All special orders are non-refund- able Villarreal Floor g 1020 Mountain&ale Drive MarysviJle, PA 17053 ITEM QUANTITY DESCRIPTION 957-3072 AMOUNT SUB TOTAL PA SALES TAX THANK YOU! TOTAL TERMS: DE~OSR' WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB A service charge of 1.5% on all invoices over 30 days. Def3osit wilJ be forleited if purchaser does not com- plete transaction. 2% measurement fee charged on canceled orders. All spe~al orders are non-~efund- able. Villarreal Flooring 1020 Mountaindale Drive Marysville, PA 17053 Free Estimates Commercial, Industrial, Residential Installation and Sales ITEM QUANTITY DESCRIPTION 957-3072 AMOUNT ~qo ~0 O, oO SUB TOTAL Pa SALES TAX THANK YOU! TOTAL TERMS: DEPOSIT WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB A service charge of 1 5% on all invoices over 30 days Deposit witl be forfeited if purchaser does not com- plete transaction 2% measurement fee charged on canceled orders All special orders are non-refund- able VERIFICATION I, Kevin J. Villareal, hereby verify that the averments of the foregoing Mechanic's Lien Claim are true and correct to my personal knowledge, information 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: Kevin J. Vffiareal REAGER & ADLER, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 (717) 763-1383 KEVIN J. VILLARREAL, clba: VILLARREAL FLOORING, Claimant, NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband and wife, Owner/Reputed Owner. IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1141-MLD TERM MECHANICS LIEN TO THE PROTHONOTARY OF THE ABOVE COURT: PRAECIPE FOR RULE TO FILE COMPLAINT Pursuant to Pa. R.C.P. No. 1659, please enter a rule as of KEVIN VILLARREAL, dba: VILLARREAL FLOORING, of course on the Claimant, 1020 Mountaindale Road, Marysville, Pennsylvania 17053, Complaint upon his mechanic's lien claim within twenty service of the rule or be forever barred from doing so. Dated: March 21, 2001 By: to file a {20) days after RICCI & TANEFF 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorney for Owner R.C.P. RULE A Rule has been entered pursuant to Rule 1659 of the Pa. requiring the above named Claimant to file a Complaint upon his mechanic's lien claim within twenty (20) days after service of the rule or be forever barred from doing so. Dated: March ~ , 2001 Prothonotary Ref: c: \orteg\nick\doc001.wpd 2 SHERIFF'S RETURN - CASE NO: 2001-01141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VILLARREAL KEVIN J ET AL VS ORTEGA NICHOLAS J ET AL REGULAR SHAkrNON SUNDAY , Cumberland County,Pennsylvania, says, the within MECH3LNICS LIEN CLAIM ORTEGA NICHOLAS J OWNER , at 0012:58 HOURS, at 1361 SHERMAN DRIVE MECHANICSBURG, PA 17055 NICHOLAS ORTEGA a true and attested copy of MECHANICS NOTICE OF MECHANICS' LIEN CLAIM Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 19th day of March 2001 by handing to LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.72 Affidavit .00 Surcharge 10.00 .00 31.72 Sworn and Subscribed to before me this ~ q~'~ day of ~ ~2~! A.D. Prbthon~tary ' So Arlswers: R. Thomas Kline 03/~i/200i REAGER & ADLER By: Deputy Sheriff SHERIFF'S CASE NO: 2001-01141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VILLARREAL KEVIN J ET AL VS ORTEGA NICHOLAS J ET AL RETURN - REGULAR SHAlqNON SUNDAY , Cumberland County, Pennsylvania, says, the within MECHANICS LIEN CLAIM was served upon ORTEGA BRENDA E OWNER at 0012:58 HOURS, on the 19th day of March at 1361 SHERMAN DRIVE MECHANICSBURG, PA 17055 by handing to NICHOLAS ORTEGA (HUSBAND) a true and attested copy of MECHANICS LIEN CLAIM NOTICE OF MECHANICS' LIEN CLAIM Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 2 ~ ~ day of '""~..,~,,.,,.,&, ,,Z~/ A.D. So Answers: R. Thomas Kline 03/21/2001 REAGER & ADLER By: KEVIN J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Claimant/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1141 MLD NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, Husband and wife Owner/Reputed Owned Defendants IN RE: ARBITRATION PANEL VACATED ORDER OFCOURT AND NOW, November 26, 2002, the Court having been informed by Henry F. Coyne, Esquire, chairman of the Arbitration Panel appointed in the above-action, that scheduled arbitration hearings had been continued at the request of the attorneys involved, and no further hearings were requested, the Arbitration Panel is vacated. The chairman, Henry F. Coyne, Esquire, shall be paid the sum of $50.00. Henry F. Coyne, Esquire Stephen Bloom, Esquire Jesse RuM, Esquire (Arbitrators) By the Court, Thomas O. Williams, Esquire For the Plaintiff Paul Taneff, Esquire For the Defendants KEVIN J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Claimant/Plaintiff NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner/ Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-1141 MLD Mechanics' Lien 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KEVIN J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Claimant/Plaintiff V. NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner/ Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-1141 MLD Mechanics' Lien 4. The nature and character of the labor and materials provided by Villarreal pursuant to the aforementioned purchase orders and verbal orders included installation of COMPI,AINT TO OBTAIN JUDGMENT ON MECHANICS' LIEN CLAIM AND NOW, comes PlaintiffKevin J. Villarreal t/d~b/a Villarreal Flooring, by and through his attorneys Reager & Adler, P.C. and files the within Complaint, and in support thereof avers the following: 1. The Plaintiffis Kevin J. Villarreal t/d/b/a Villarreal Flooring (hereinafter "Villarreal"), an adult individual doing business as a sole proprietorship with his principal place of business located at 1020 Mountaindale Road, Marysville, Peunsylvania 17053. 2. The Defendants are Nicholas J. Ortega and Brenda E. Ortega, husband and wife, adult individuals (hereinafter "Ortega"), with a residence of 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Villarreal contracted with Ortega pursuant to written purchase orders and verbal orders issued by Ortega, the owners of the property known as 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, which is the subject of the mechanics' lien claim, the property subject to the mechanics' lien is specifically described in the deed attached to the Mechanics' Lien Claim attached hereto and made a part hereof at Exhibit carpeting, ceramic and hardwood flooring and all materials relating thereto. The specific description of work performed by Villarreal and the prices charged therefore are set forth in Villarreal's invoices which are attached to the Mechanics' Lien Claim which is attached hereto and made a part hereof at Exhibit "A", 5. Under the purchase orders and verbal orders, Ortega was to pay Villarreal on a unit price basis for installation work plus the cost of materials. 6. Villarreal invoiced Ortega as agreed and in the amounts agreed to in the purchase orders and verbal orders. 7. The total amount billed to Ortega by Villarreal was $30,740.15, of which Ortega has paid only $23,860.85 to date. 8. Despite demand Ortega has failed and refused to pay Villarreal the total amount of its invoices leaving a principal balance due of $6,879.30. 9. Villarreal commenced his work on or about October 11, 2000. 10. Villarreal provided the labor and materials in a good and workmanlike manner and completed his work on November 16, 2000. l 1, On or about February 27, 2001, Villarreal caused to be filed a Mechanics' Lien Claim which is docketed at Cumberland County Court of Common Pleas, Docket No. 01-1141 MLD Term. A true and correct copy of the aforesaid Mechanics' Lien Claim including the description and nature of Villarreal's work is attached hereto and made a part hereof at Exhibit 12. All conditions precedent for the bringing of this action have occurred or have been performed. WHEREFORE, Plaintiff, Kevin J. Villarreal t/d/b/a Villarreal Flooring, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Nicholas J. Ortega and Brenda E. Ortega, in the amount of $6,879.30 plus costs and interest. Date: May 31, 2001 Respectfully submitted, REAGER & ADLER, P.C. Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Claimant/Plaintiff Exhibit A KEVIN J. VILLARREAL d/b/a VILLARREAL FLOORING, Claimant NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Mechanics' Lien TO: NOTICE OF MECHANICS'S LIEN CLAIM Nicholas J. Ortega Brenda E. Ortega 1361 Sherman Drive Mechanicsburg, PA 17055 Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Ple-~s of Cumberland County on February 27, 2001 at the above captioned docket number. A true and correct copy of the Mechanics' Lien Claim is attached hereto for your convenience. Date: February 27, 2001 Respectfully submitted, REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Claimant KEVIN J. VILLARREAL t/d/b, a VILLARREAL FLOORING, Claimant NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: Mechanics' Lien MECHANICS' LIEN CLAIM Claimant, Kevin J. Villarreal t/dPo/a Villarreal Flooring (hereinafter "Villarreal"), files this Mechanics' Lien Claim against Nicholas J. Ortega and Brenda E. Ortega, husband and wife (hereinafter "Ortega"), Owner/Reputed Owner and against the building hereinafter described and the curtilege appurtenant thereto for the payment of a debt due Villarreal as contractor in the construction of the building and curtilege appurtenant thereto. The following is the statement of the claim of Villarreal: 1. The name of the Claimant is Kevin J. Villarreal t/dPo/a Villarreal Flooring, an adult individual, with a principle place of business located at 1020 Mountaindale Road, Marysville, Pennsylvania 17053 and files this claim as a contractor. 2. The names and address of the Owner/Reputed Owner at the time of the furnishing of the labor, goods and materials and the attaching of the lien therefore are Nicholas J. Ortega and Brenda E. Ortega, with a residence of 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. .. 3. The Claimant contracted with the Owner/Reputed Owner pursuant to Purchase Orders and verbal orders issued by Ortega, the Owner/Reputed Owner's of the property known as 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is the subject of this mechanics' lien which property is more specifically described in the deed attached hereto and made a part hereof at Exhibit "A". 4. The nature and character of the labor and materials provided pursuant to the aforementioned Pumhase Orders and verbal orders included installation of carpeting, ceramic and hardwood flooring and all materials relating thereto. The specific description of work performed by the Claimant and the prices charged therefor are set forth in the Claimant's invoices which are attached hereto and made a part hereof at Exhibit "B". 5. Under the Purchase Orders and verbal orders, the Owner/Reputed Owner was to pay Claimant on a unit price basis for installation work plus the cost of materials. 6. The Claimant invoiced the Owner/Reputed Owner as agreed and in the amounts agreed to in the Pumhase Orders and verbal orders. 7. The total amount billed to the Owner/Reputed Owner is $30,740.15 of which the Owner/Reputed Owner has only paid $23,860.85. 8. Despite demand, the Owner/Reputed Owner, Ortega has failed to pay Claimant the total amount of its invoices leaving a principal balance due of $6,879.30. 9. The amount or sum claimed to be due for the labor and materials is $6,879.30, plus interest at the rate of 6% per annum on the unpaid balance from the date of completion of Claimant's work. 10. Claimant commenced its work on or about October I 1, 2000. Claimant provided the labor and materials in a good and workmanlike manner and completed its work on November 16, 2000. I 1. The lien is claimed against the fee simple interest of the Owner/Reputed Owner in the aforesaid premises. WHEREFORE, Claimant claims to have a lien upon the premises herein described in the amount of $6,879.30 plus interest at the rate of 6% per annum on said sum plus costs against the Owner/Reputed Owner in the premises. Date: February 27, 2001 Respectfully submitted, REAGER & ADLER, P.C. Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Claimant EXHIBIT "A" THIS DEED Parcel No.: 22-10-0640-059 MADE THE 24~' day of March in the year o£our Lord two thousand (2000). BETWEEN CAROL G. KNISELY, widow, ot'Monroe Township, Cumberland County, Pennsylvania, hereinafter referred to as: and NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, his wife, of Camp Hill, Cumberland Courtly, Pennsylvania, hcrchmficr referred to as: Gra r, Grantees. WITNESSETII. that in consideration of FORTY-FOUR TIIOUSAND AND XX/100 ($44,000.00) Dollars in hand paid, tile receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, their heirs and assigns, as tenants by the entireties: ALL that certain lot or parcel of land situate in the Township of Monroe, County ol~ Cumberland and Commonwealth of Pennsylvania, according to a subdivision plan prepared by Stephen G. Fisher, P.L.S., entitled Final Subdivision Plan £or L. Donald Knisely and Carol G. Knisely, dated August 25, 1997, last revised on November 18, 1997, and recorded on December 1, 1997, in tile O/rice ot' the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 75, Page 140, being bounded and described as £ollows, to wit: BEGINNING at a Parker Kalon nail set in the centerline of Shuman Drive (T- 551) at the northeast corner of Lot No.8 on the above-mentioned plan; thence along the centerline of Sbuman Drive North 66 degrees 47 minutes 34 seconds East a distance of 230.51 feet to a railroad spike set in the centerline of Shuman Drive at the northwest comer of Lot No.6 on die above-mentioned plan; thence along the dividing ' line between Lot No. 7 and Lot No. 6 on the above-mentioned plan, and passing tlu'ough an iron pin set, South 23 degrees 12 minutes 26 seconds East a distance ol~ 499.19 feet to an iron pin set at tile southwest comer of Lot No.6 on the above- mentioned plan; thence along lands now or formerly &The Raymond E. D/eM and Genevieve A. Diem Limited Parlnershlp South 67 degrees 25 minutes 59 seconds West a distance of 230.53 feet to an iron pin set at the southeast comer of Lot No. g on the above-memioned plan; thence along the dividing line between Lot No. 7 and Lot No. 8 on the nbove-meutioncd plan, and passing through an iron pin set, North.'23 degrees 12 minutes 26 seconds West a distance of 496.61 feet to a Parker Kalon nail set in the centerline oFShuman Drive, the point and Place of BEGINNING. 2.1.8 CONTAINING a net area of 2.503 acres. BEING designated as Lot No.7 on the above-mentioned plan. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, conditions, building and set-back lines as set forth on the above-mentioned plan or otherwise, recorded or unrecorded. BEING part oftbe same premises which L. Donald Knisely, Sara K. Wickard and Nancy K. Grove, Co-Executors of the Last Will and Testament of Lloyd H. Knisely, by their Deed dated June 27, 1986, and recorded July I, 1986, in the Office of the Recorder of Deeds aforesaid in Deed Book Z, Volume 31, Page 603, granted and conveyed unto L. Donald Knisely and Carol G. Knisely, husband and wife. The said L. Donald Knisely having died October 27, 1999, title vested soIeIy in the said Carol G. Knisely, Grantor herein. AND UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the within described tract of land only and shall not be deemed binding on other lands of Grantor, with which building and use restrictions the within Grantees, their heirs and assigns, by acceptance of this Deed, agree to comply: 1. This tract of land shall be used for residential purposes only. No business (except home occupations), commercial or industrial uses whatsoever shall be permitted on this tract of land, 2. No trailer, mobile home or similar structure, commercial vehicle, tractor/trailer or similar equipment may be located on this tract of land temporarily or permanently, for any use whatsoever, unless enclosed totally in a garage by the owners or their guests or visitors. Provided, hoxvever, that trucks engaged in pickup, delivery, or temporary service (c.g. during construction) shall be permitted. 3. No basement, tent, shack, garage, barn, or structure ora temporary character shall be erected on this tract of land and used as a residence either temporarily or permanently. 4. No advertising or display sign (except home occupation sign) shall be erected or maintained on this tract of land other than the customary "For Rent" or "For Sale" signs when the same pertain to the premises on which they are located. One home occupation sign shall be permitted but shall not be larger than six (6) inches by eighteen (18) inches. 5. Nothing si~all be done on this tract of land which may be or become an annoyance or nuisance to the neighborhood. permitted. No log homes, mobile homes, modular homes or double-wide homes shall be 320 7. All construction and landscaping on this tract of land shall be completed within one (1) year of the commencement o£such construction. No fill shah be permitted to remain un-graded for a period in excess of 30 days. 8. The within covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them. 9. The ground floor living area of any main dwelling house constructed on the tract of land, exclusive of porches, patios and garages, shall be not less than 1,500 square feet of a one-story dwelling (excluding basement), and the total living area of any dwelling house exceeding one story, exclusive ofpomhes, patios and garages, shall be not less than 1,800 square feet. 10. Any dwelling house constructed, erected or placed on this tract of land shall have a garage which shall be erected at thc same time as the dwelling house. I 1. No outside fuel or gas tanks may be placed on this tract of land. 12. A I I utility lines servicing this tract of land or any dwelling or building thereon shall be buried and placed underground. 13. No unlicensed vehicles shall be allowed on this tract of land at any ti]nc. 14. The unimproved portions of this tract of land shall be maintained at all times and any owner or occupier shall keep the same free of weeds or other objectionable gruwth, and in good order. 15. No rubbish may be dumped at any place on this tract o£ land, and all such material must be removed. 16. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 17.' Free standing television and radio towers must be at least eighty (80) feet from the right-of-way centerline and conform to the Township set-backs for buildings. Satellite dish type antennas must either be of wire mesh (see-through) type, painted black, or shall be screened with natural vegetation, must conform to the Township set-backs for buildings, and cannot be placed in the front of side yard ofany dwelling house. 18. No livestock, poultry, or animal of any kind shall be kept on this lot, except household pets which are housed in the principal dwelling house, and which pets shall not be permitted to be out-or-doors unleashed. 218 321 19. Only one single- family residence and only one garage, with accessory outbuildings, may be erected on this tract of land. This lot may not be subdivided. 20. Any driveway leading to any dwelling house or other building on this tract of land shah be paved between the paved street surface and the building to which the driveway leads. Any driveway must be paved with concrete or asphalt. 21. No breeding or training kennels or coops for dogs shall be kept or maintained on this tract of land. 22. No wall of any building shall be erected nearer than 100 feet to the legal right-of-way line of any public street or road abutting this tract of land. AND the said Grantor hereby covenants and agrees that she will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set her hand aad seal thc day and year Iirst above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF Carol G. Knisely (~ (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the 24'h day of March, 2000, before me, the undersigned officer, personally appeared, CAROL G. KNISELY, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL VICKIE R. WELKER. Nolary Public Camp Hill Bolo. Cumberland Counly My Commission E~ites klatch 4 2003 2i8 322 1 hereby ccrtil'y that thc precise residence and complcte post o~cc address of the within Grantees is: COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) RECORDED on this ~ c~ day of Pt'/~cl/'~ A. D. 2000, in the Recorder's Office of'the said County in Deed Book c~ tC~' Page -~1c} . Given onder my hand and tile seal of tile said Gl'rice, thc date above written. STEPHEN L. ~LOOM 2 1 00 LONGS GAP ROAD C.~.RLISLI~, PI~NNSYLVANIA t 70 EXHIBIT "B" Vfllarreal Flooring 1020 Mountaindale Drive Marysville, PA 17053 957-3072 ITEM QUANTITY /j--- / ?, / DESCRIPTION AMOUNT  PA SALES TAX -- THANK YOU' TOTAL TERMS: DEPOSIT WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB Villarreal Flooring 1020 Mountaindale Drive Marysville, PA 17053 ITEM QUANTITY 957-3072 DESCRIPTION AMOUNT PA SALES TAX THANK YOU! TOTAL TERMS: DEPOSIT WHEN ORDER IS CONFIRMED - I~ALANCE DUE ON COMPLE"nON OF JOB A service charge ot 1 .S% on all im~ices over 30 dayS. C)eposit will be forfeited if 13urchase¢ does not corn- Villarreal Flooring 1020 Mountaindale Drive Marysville, PA 17053 Free Estimates Commercial, Industrial, Residenlial Installation and Sales ITEM QUANTITY DESCRIPTION 957-3072 AMOUNT ,~no ~ O. oO SUB TOTAL PA SALES TAX THANK YOU! TOTAL TERMS: DEPOSIT WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB VERIFICATION I, Kevin J. Villareal, hereby verify that the averments of the foregoing Mechanic's Lien Claim are true and correct to my personal knowledge, information 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: Kevin J. Vffiareal VERIFICATION I, Kevin J. Villarreal, hereby verify that the averments of the foregoing Complaint to Obtain Judgment on Mechanic's Lien Claim are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to tmsworn falsification to authorities. Dme: May 30, 2001 REAGER & ADLER, P,C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 (717) 763-1383 KEVIN J. VILI~_D,P~=%L, t/d/b/a: VILI2~RREA~ FLOORING, IN THE COURT OF CO~ON PLEAS CUMBEPJuAND COUNTY, PE~-NSYLVANIA Claimant/Plaintiff, : : vs. : NO. 01-1141-MLD TERM MECHANICS LIEN Owner/Reputed Owner/ : Defendants. : NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband and wife, TO: PLAINTIFF NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer With New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Dated: July 12, 2001 RICCI & TANEFF Sup. Ct. No. 637T7~ 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorneys for Defendants Ref:c:\orteg\nickkdoc002.wpd KEVIN J. VILLARREAL, t/d/b/a: : VILLARREAL FLOORING, : Claimant/Plaintiff, : VS. : NICHOLAS J. ORTEGA and : BRENDA E. ORTEGA, : husband &nd wife, : Owner/Reputed Owner/ : Defendants. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1141-~ TERM MECHANICS LIEN ANSWER TO COMPLAINT TO OBTAIN JUDGMENT ON MECHANICS' LIEN CLAIM WITH NEW MATTER NOW COME, the Defendants, NICHOLAS J. ORTEGA and BRENDA E. ORTEGA (hereinafter the "Ortegas"), by and through their attorneys, Ricci & Taneff, and file their Answer to the Plaintiff's Complaint, and in support thereof state as follows: 1. ADMITTED. 2. ADMITTED IN PART; DENIED IN PART. The Ortegas admit that they are the named Defendants in the above titled action and are husband and wife. Stating further, the Orte§as deny that they reside at 1361 Sherman Drive, Mechanicsburg, Cumberland County, PA 17055. 3. DENIED AS STATED. Stating further, the into a verbal agreement with the Plaintiff wherein the agreed to install carpeting, ceramic tiles and hardwood flooring in a home owned by the Ortegas, located at 1361 Shuman Drive, Mechanicsburg, Cumberland County, PA 17055, and more specifically described in the Deed dated March 24, 2000, which Deed is attached to Ortegas entered Plaintiff the Plaintiff's Complaint as a part of Exhibit-"A". Stating further, the Ortegas admit that the Mechanics' Lien dated February 27, 2001 and attached t~ the Plaintiff's Complaint as a part of Exhibit-"A" was filed by the Plaintiff. However, the Ortegas deny that the said lien is valid and therefore deny all of the allegations upon which said lien is premised. 4. DENIED AS was hired to install their home. Stating STATED. The Ortegas carpeting, ceramic tiles further, the Ortegas admit that the Plaintiff and hardwood flooring in incorporate their response to Paragraph 3 as set forth here in full. 5. DENIED AS STATED. Stating further, in exchange for the work described in Paragraph 4 above, the Ortegas agreed to pay the Plaintiff his cost of materials plus labor with the contract price not to exceed $25,000.00. 6. DENIED. 7. ADMITTED. 8. DENIED. 9. ADMITTED. 10. ADMITTED. 11. ADMITTED IN PART; DENIED IN PART. The Ortegas admit that the Plaintiff caused to be filed the Mechanics' Lien referred to in Paragraph 11 of the Plaintiff's Complaint. However, the Ortegas deny that contents of the said lien are true and correct and, therefore deny the same. Stating further, the Ortegas incorporate their response 12. law to which a to Paragraph 3 as if set forth here in full. DENIED. This allegation constitutes a conclusion of responsive pleading is not required. To the extent that a response may be required, the Ortegas deny the same. WHEREFORE, this paragraph is in the nature of a praye~ for relief to which a responsive pleading is not required. To the extent that a response may be required, the Ortegas deny that the Plaintiff is entitled to any of the relief requested. NEW MATTER For their affirmative defenses to the Plaintiff's Complaint, the Ortegas, by and through their aforesaid attorneys, state as follows: 13. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 14. Plaintiff's Complaint is barred to the extent that the Plaintiff has failed to comply with the terms and conditions of the verbal agreement with the Ortegas. 15. Plaintiff's Complaint is barred by the doctrine of estoppel. 16. Plaintiff's Compliant is barred because the Plaintiff has been paid the contract price in full. 17. Plaintiff's Complaint is barred by the doctrine of fraud and deceit. 18. Plaintiff's Complaint is barred because the Ortegas 3 have been for Court Complaint, order the award them attorneys award them overcharged by the Plaintiff and are entitled to a overpayment under the terms of the agreement. WHEREFORE, the Ortegas respectfully request this to enter judgment against the Plaintiff, dismiss Plaintiff to remove the lien upon fees and costs in defense of this set off Honorable the Plaintiff's their property, action, and such other relief as may be just, proper and equitable. Dated: July 12, 2001 RICCI & TANEFF 4219 Derry Street Harrisburg, PA 17111 {717) 564-5833 Attorney for Defendants VERIFICATION I, NICHOLAS J. ORTEGA, hereby acknowledge that I am the Defendant in the foregoing action; that I am authorized to sign this Verification on behalf of my wife, BRENDA E. ORTEGA, a in this action; that I have read the foregoing Answer; named Defendant and that the facts stated therein are true and correct information and belief. I understand that any are made subject to penalties of 18 PA. C.S. unsworn falsification to authorities. to the best of my knowledge, false statements herein 4904, relating to Dated: July 12, 2001 and as agent for BRENDA E. ORTEGA 5 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendants' Answer to Complaint to Obtain Judgment On Mechanics' Lien Claim With New Matter was sent via first class, U.S. Mail, postage prepaid, this 12th day of July, 2001 to the following person(s) at the address(es) set forth below their respective names: (1) Thomas O. Williams, Esq. 2331 Market Street Camp Hill, PA 17011-4642 By: RICCI & TANEFF 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorneys for Defendants KEV1N J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Claimant/Plaintiff NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner/ Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 01-1141 MLD : : Mechanics' Lien CLAIMANT/PLAINTIFF'S REPLY TO NEW MATTER 13. Denied. The averments of paragraph 13 constitute conclusions of law to which no responsive pleading is required. 14. Denied. It is denied that the Plaintiff has failed to comply with the terms and conditions of the agreement with the Defendants. On the contrary, the Plaintiff has fully performed the agreement with the Defendants. 15. Denied. The averments of paragraph 15 constitute conclusions of law to which no responsive pleading is required. 16. Denied. It is denied that the Defendants have fully paid the Plaintiff for all work performed under the agreement between the parties. By way of further response, the Plaintiff incorporates herein by reference his Complaint in this matter as if set forth fully herein. 17. Denied. The averments of paragraph 17 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, each and every factual averment of paragraph 17 are denied. 18. Denied. It is denied that the Defendants have been overcharged by the Plaintiff. By way of further response, the Pla'mtiffhas charged the Defendants in accordance with their agreement. WHEREFORE Plaintiff, Kevin Villarreal t/d/b/a Villarreal Flooring respectfully requests this honorable court to enter judgment in his favor and against Defendants Nicholas J. Ortega and Brenda E. Ortega, in accordance with the Complaint. Date: August 7, 2001 Respectfully submitted, REAGER & AD~ Tho~liams, Esquire Attorney I.D.# 67987 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff 2 VERIFICATION I, Kevin J. Villarreal, hereby verify that the averments of the foregoing Answer to New Matter are tree and correct to my personal knowledge, information 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: August 6, 2001 CERTIFICATE OF SERVICE AND NOW, this 7~ day of August, 2001, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Paul Taneff, Esquire RICCI & TANEFF 4219 Derry Street PA 17111 THO MS, ESQUIRE REAGER & ADLER, P.C. A'I-FORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 (717) 763-1383 KEVIN J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Claimant/Plaintiff NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner/ Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNI'Y, PENNSYLVANIA No.: 01-1141 MLD Mechanics' Lien PETITION FOR APPOINTMENT OF ARBITRATORS PURSUANT TO CUMBEREAND COUNTY RULE OF COURT 1312-1 To the Honorable, the Judges of Said Court: Thomas O. Williams, counsel for the Plaintiff in this above-captioned case, respectfully represents that: The above-captioned action is at issue. The claim of the Plaintiff is $6,879.30, plus lawful interest and costs. The counterclaim of the Defendant in this action is $0. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Paul Taneff and Thomas O. Williams. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: September 5, 2001 Respectfully submitted, REAGER & ADLER, P.C. THO A~S O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff AND NOW, tiffs /tO day of ,2001, in consideration of the foregoing Petition ~/£~,.~ ~°~,~..4, , Esq., ~ ~ _, Esq., and ~-~--~ ,,~.~., , Esq., are appointed arbitrators in the above- captioned action'as prayed for. BY THE COURT: CERTIFICATE OF SERVICE AND NOW, this 6th day of September, 2001, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Paul Taneft; Esquire Ricci & Taneff 4219 Deny Street Harrisburg, PA 17111 Thomas~ REAGER & ADLER, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 (717) 763-1383