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Home My WebLink About10-6300IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY JUSTICE SALES LLC, a Pennsylvania limited Liability company, Claimant, CIVIL DIVISION No . I o - (P SCc a-,'rerw4 VS. MECHANICS' LIEN COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Owner. CERTIFICATION OF LOCATION: I hereby certify that the location of the property affected by this Claim for Mechanics' Lien is SR 1004 Section C32, Cumberland County, Pennsylvania. 1:;Z K - Lyn . Emerson, Esq. Filed on Behalf of: Sherry Justice Sales, LLC, Claimant. Counsel of Record for this Party: Lynn R. Emerson, Esq. PA I.D. #76177 BusinessLegal, PC 5021 Noblestown Road Oakdale, PA 15071 412-257-2617 Lynn R. Emerson@businesslegal.net c a C= th --1 rye rr, CJ- -4 cz) C-) -*? a ca r? O a S,15 c,? a??°',V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY JUSTICE SALES LLC, a Pennsylvania limited Liability company, CIVIL DIVISION Claimant, VS. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Owner. No. 1(' - 4 jDO MECHANICS' LIEN CLAIM Sherry Justice Sales, LLC (hereinafter "Claimant" or "Sherry Justice Sales"), through the undersigned counsel, files this claim against the Commonwealth of Pennsylvania Department of Transportation at 555 Walnut Street Forum Place 6th floor, Harrisburg, PA 17101, (hereinafter "Owner" or "Penndot") for the payment of debts due to Claimant as subcontractor to Hawkins Precast Concrete Products, LLC, on Purchase Order 4500561646 for Precast Concrete Box Culverts, for which crane rental was furnished paid for by Claimant for the installation of box culverts. In support of the complaint, Sherry Justice Sales makes the following statements: 2 1. The Pennsylvania Department of Transportation Maintenance District 8 contracted with a Pennsylvania Limited Liability company, Hawkins Precast Concrete Products, LLC (hereinafter "Hawkins") that manufactures concrete products in this instance, box culverts, to provide box culverts to the Cumberland County project site (Purchase Order 4500561646). 2. Claimant acting as subcontractor under Penndot's contractual arrangement with Hawkins, rented cranes through Eisenhart Crane Service, LLC in order to install the box culverts at the project site. 3. The Claimant paid for the crane rental and permit fees. 4. The services furnished by the Claimant consisted of crane rental provided by Eisenhart Crane Service, LLC at the Cumberland County project from May 25, 2010 to May 27, 2010, totaling $4,139.30. The subcontractor's work was completed. The total amount still due and payable by the contractor to the subcontractor is $4,139.30. A true and correct copy of the invoice is attached hereto, marked as Exhibit A, and made a part hereof. 5. The last day Sherry Justice Sales provided services to Penndot was June 1, 2010, which is less than six months before the filing of this claim. 6. Notice of Intent to file this Mechanics' Lien was served 3 on the Owner on June 17, 2010. 7. Claimant Sherry Justice Sales has not been paid for the crane rental and permit fees; and there is due and owing a balance of $4,139.30 for which claim is made. Respectfully submitted, Dated: Vzzltolo Lynn merson, Esq. PA .D 076177 BusinessLegal, P.C. 5021 Noblestown Road Oakdale, PA 15071 P: 412-257-2617 F: 412-257-2618 Email: Lynn.Emerson@businesslegal.net 4 VERIFICATION The undersigned, Sherry Justice, President of Sherry Justice Sales, LLC do hereby verify, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that I am authorized to make this verification and that the facts set forth in the foregoing Mechanic's Lien true and correct to the best of my knowledge, information and belief. Sh,hrry JustAcQ President Dated: September ,?2, , 2010 5 CUSTOMER # 2541 JOB # 7274-02 ITEM # 3 SHERRY JUSTICE SALES, LLC. PO BOX 498 IMPERIAL PA 15126 ATTN: SHERRY JUSTICE RE: WORK ORDER # 17935 PO # SR1004 - BOX CULVERT JOB: CUMBERLAND COUNTY, PA. UNITS DATE DESCRIPTION 1 5/25 & 5/27 Move Crane In & Out & Permits 1 05/26110 Crane Rental 90 Ton 2 05/26110 Crane Rental 80 Ton - Overtime DATE 05/31/10 INVOICE # 21456 TERMS NET 30 DAYS RTE AMOUNT 1,575.00 Lump Sum 1,575.00 T 1,800.00 Por 8 Hr. Day 1,800.00 T 265.00 Per Hour 530.00 T Subtotal 3,905.00 Pa. Sales Tax 234.30 TOTAL AMOUNT REQUESTED THIS INVOICE $ 41139.30 A FINANCE CHARGE OF 1.5 % PER MONTH, I8% PER ANNUM, WILL BE CHARGED TO ALL ACCOUNTS NOT PAID 30 DAYS AFTER INVOICE DATEI IN ADDITION YOU ARE RESPONSIBLE FOR ALL COLLECTION COSTS INCURRED BY US, INCLUDING, BUT NOT UI GTED TO, REASONABLE ATTORNEYS' FEES AND COURT COSTS. J FEm #25.1872521 ?? X 1,31 i Make checks payable to Eisenhart Crane Service, LLC A v I• in IT I. v` I% If I v 4 N 9.. L v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY JUSTICE SALES LLC, a Pennsylvania limited liability company, CIVIL DIVISION Claimant, vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Owner. CERTIFICATION OF LOCATION: I hereby certify that the location) Of the property affected by this Claim for Mechanics' Lien is SR 1004 Section C32, Cumberland County, Pe sy ania. Ly Emerson, Esq. No. 10-6300 AFFIDAVIT OF SERVICE MECHANICS' LIEN CLAIM Filed on Behalf of: Sherry Justice Sales, LLC, Claimant. Counsel of Record for this Party: Lynn R. Emerson, Esq. PA I.D. #76177 BusinessLegal, PC 5021 Noblestown Road Oakdale, PA 15071 412-257-2617 Lynn R. Emerson@businesslegal.net '1~~~'~~~iAS~3r~ ~~~~~~3 Q~~'~3~i~'8~~:.s ~~; ~1 Wd !~ ~~~G{~~ ~~l.~.~fl-Q~~l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY JUSTICE SALES LLC, a Pennsylvania limited liability company, CIVIL DIVISION Claimant, vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Owner No. 10-6300 AFFIDAVIT OF RETURN OF SERVICE OF NOTICE OF FILING OF MECHANICS' LIEN CLAIM I hereby certify and return that on the 12th day of October, 2010, I served this Notice of Filing of a Mechanics' Lien Claim, by Certified U.S. Mail return receipt requested, including a copy of the Claim, upon Pennsylvania Department of Transportation, Department of General Services, 555 Walnut Street forum Place 6tn Floor, Harrisburg, PA 17101-1914. The Certified Mail Receipt and Return Receipt are attached hereto and incorporated herein. THIS AFFIDAVIT IS MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. § 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. __ _./~ BY: L Emerson, Esq. .D. #76177 BusinessLegal, P.C. 5021 Noblestown Road Oakdale, PA 15071 (412) 257-2617 2 CERTIFICATE OF SERVICE I, Lynn R. Emerson, Esq., hereby certify that I have served a true and correct copy of the foregoing Affidavit of Return of Service by First Class U.S. Mail this 18th day of October, 2010 upon the following: Pennsylvania Department of Transportation Department of General Services 555 Walnut Street forum Place Gtr Floor Harrisburg, PA 17101-1914 Lynn ~merson, Esq. PA .D. #76177 BusinessLegal, P.C. 5021 Noblestown Road Oakdale, PA 15071 (412) 257-2617 3 U.S. Postal Service~r,. CERTIFIED MAIL,,., RECEIPT {Domestic Mail Only; Na Insurance Coverage Provided} O ~+" M t` Postage $ _ _. N o ceraned Fae a.J! Slet .-..__ .. "~~ S d ._~ ,, ~ Return Redept Fee (Endorsement Raqulrad) ~'~ • ~'~ f Here Q ' Restricted Delivery Fee ~ t! • I ~~' <-- Df'QZ ~ y 1 u (Endorsement Required) t-•._ /~ Total Postage & Pees ~ \ ~ °~~- r ~~ ~ ~'' Sent To pp `~.; or PO Box No. ~ ~ ~' /iC'ntir; ~ ' 1 Z7,4v,.. ~~ G nt /=/o~.~C city, sate, z~P+a ~~~ ~ s ,;/~ ~, ~~ l 7/ UJ - / Si `f ^ Complete items 1, 2, and 3. Atso complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. A(rt~icle Addressed to: i-f{. t)t_iti`, Cf' i it!i,acnU.t.7/7ir.~ ~L~~i , vl= (~-Lyv~.2/r~ f S'L-YLvtcLS `aSS't1/(-{LNvi~ Sf2CZ-~ 1'VrrCv+-~'l ~-~-a-~.21 s ~3v ~ y I ~~ t~ (a ~~ I ~ 1 y A. X D Agent 8. R~elved by tin Name}~ C. Date of Delivery ~tl•~ L~7~~71t./ ~D /~ -'~~ D. is delivery address different from kern 1? ^ Yes -- It YES, enter deilvery address below: 0 No 3. Service lype Certified Mall ^ Express Matl C] Registered ^ Return Receipt for Mert~randise D Insured Maii ^ C.O.D. 4. Restricted Delivery'I (Extra Feel ^ Yes 2. Article Number (transfer from sarvrce -at>ei} ~ 7 2 4 0 7 5 [] (} (3 0 2 7 7 0 4 8 4 7 4 ~S Form 3811, February 2004 Domestic Return Receipt ~0259~o3"-t~f~A' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY JUSTICE SALES ) LLC, a Pennsylvania limited ) liability company, ) Claimant, ) VS. ) COMMONWEALTH OF PENNSYLVANIA ) DEPARTMENT OF TRANSPORTATION ) Owner. ) CERTIFICATION OF LOCATION: ) I hereby certify that the location ) of the property affected by this ) Claim for Mechanics' Lien is SR ) 177 Section C31, Cumberland County,) Pennsylvania. ) ) Lynn /11erson, Esq. CIVIL DIVISION No. 10-6300 n C -a3 rnw zrn z= vyr r- z cl xo z s? 0 rn C' ss CA -..J PRAECIPE TO SATISFY MECHANICS' LIEN CLAIM AND DISCONTINUE Filed on Behalf of: Sherry Justice Sales, LLC, Claimant. Counsel of Record for this Party: --t r*t? z ?. Q -ry z n CD Lynn R. Emerson, Esq. PA I.D. ##76177 BusinessLegal, PC 5021 Noblestown Road Oakdale, PA 15071 412-257-2617 Lynn R. Emerson@businesslegal.net 1 -Q? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY JUSTICE SALES LLC, a Pennsylvania limited liability company, Claimant, VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Owner CIVIL DIVISION No. 10-6300 PRAECIPE TO SATISFY MECHANICS' LIEN AND DISCONTINUE To the Prothonotary: Please enter satisfaction of the mechanics, lien claim in the above-captioned action, upon payment of your costs only, and mark the above-captioned action at No. 10-6300 as settled and discontinued with prejudice. Dated: November 24, 2010 Respectfully submitted, Lynmerson, Esq. PA;. #76177 BusinessLegal, P.C. 5021 Noblestown Road Oakdale, PA 15071 (412) 257-2617 2 CERTIFICATE OF SERVICE I, Lynn R. Emerson, Esq., hereby certify that I have served a true and correct copy of the foregoing Praecipe to Satisfy Mechanics' Lien Claim and Discontinue by First Class U.S. Mail this 24th day of November 2010 upon the following: Pennsylvania Department of Transportation Department of General Services 555 Walnut Street forum Place 6th Floor Harrisburg, PA 17101-1914 Lynn R erson, Esquire PA I. 76177 BusinessLegal, P.C. 5021 Noblestown Road Oakdale, PA 15071 (412) 257-2617 3