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Home My WebLink About11-1312Mechanic's Lien Claim 49 p.s. § 1503 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Feltman Heating, Plumbing and Air Conditioning, LLC V. Gerald Mortell I' /- 13/, c? rnm M M r'r= W = r' 3 ?'n ?i_ m o) C) fi?7 W 0 it + MECHANIC'S LIEN CLAIM 1. Claimant, Feltman Heating, Plumbing and Air Conditioning, LLC, a Pennsylvania Limited Liability Corporation with offices at 4000 Saint Samuels Road, Newport, PA 17074, files this mechanic's lien as a subcontractor. 2. The owner or owners of the property subject to lien is / are Gerald Mortell and/ or Chong Huang whose address is 5128 Jennifer Circle, Mechanicsburg, PA 17050. 3. The date on which the Claimant completed work for which claim is made was August 8, 2010. 4. Claimant files this claim pursuant to that contract with Dennis Gross dated, January 8, 2010 wherein Claimant agreed to provide plumbing materials and labor for their installation at at 5128 Jennifer Circle, Mechanicsburg, PA. 5. Claimant gave formal notice of intent to file a lien claim to owner by first class mail and by registered mail delivered to owners' residence on or about December 15, 2010. 6. The amount claimed to be due is $1,457.15, as of August 5, 2010. The Claimant has no note or other collateral security for the claim. 7. The improvements to the property claimed to be subject to lien are all plumbing improvements, devices and appurtenances in the addition to the single family dwelling. Respectfully submitted, G U PIGS ?'aSh William Feltman ?e?? ?syr??ll VERIFICATION I, William Feltman, am the Chief Officer and Secretary of Feltman Heating, Plumbing and Air Conditioning, LLC and am duly authorized to make this verification on behalf of Feltman Heating, Plumbing and Air Conditioning, LLC. I have read the foregoing Mechanic's Lien Claim and state that the averments of fact contained therein are true and correct to the best: of my knowledge, information and belief. This verification is made subject to 18 Pa. Consolidated Statutes §4904 relating to unsworn falsification to authorities. Dated: J - y" 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff "H E P eti @^ .?tlttitl' 4{ ti.7,nlit'r?lf, ..1 P Jody S Smith #i Chief Deputy - E FEB -6 AM 9: fiQ Richard Solicitor W Stewart '- LUMBER L A, D C q u t j ,+ PENNSyLVAPf,,/* w Feltman Heating Plumbing & Air Conditioning LLC vs. Case Number Gerald Mortell 2011-1312 SHERIFF'S RETURN OF SERVICE 02/04/2011 04:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2011 at 1615 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Gerald Mortell, by making known unto Chong Hwang, Wife of defendant al 5128 Jennifer Circle, Mechanicsburg, Cumberland County, Pennsylvania 17,050 its contents and at the same time handing to her personally the said true and correct copy of the me. A?? SHALL, DEPUTY SHERIFF COST: $37.44 SO ANS RS, February 07, 2011 R R ANDERSON, SHERIFF NOTARY Affirmed and subscribed to before me this day of -W-u.,.+n w,-vrz. ..gin_ ...M s'__. .t'C#>.,m<na--ti?•t<.•+r.ie ±� ,-s.z..wYY's.v�Rw_^`,2.wacrn,...'-.z�...F-. _�_ - _ l ts�� -� �` f i� �f( . Pitt?TUhOr T-AI; , LCI3 DFC 2O Pi 1: 29 i U' SERLA 1D COUNTY PENNSYLVANIA REAGER& ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Gerald Morten and Chong Huang Feltman Heating, Plumbing and Air : IN THE COURT OF COMMON PLEAS OF Conditioning, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Claimant, vs. : No. 11-1312 MLD Gerald Mortell and Chong Huang, • Respondents. • PETITION TO STRIKE OFF MECHANIC'S LIEN CLAIM FOR FAILURE TO COMMENCE ACTION AND NOW, come Petitioners, Gerald Mortell and Chong Huang, by and through their attorneys, Reager & Adler, PC, and submit this Petition to Strike Off Mechanic's Lien Claim, and in support thereof aver the following: 1. Petitioners are, and at all times herein mentioned were, residents of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, and are the owners of the following described premises: 5128 Jennifer Circle, Mechanicsburg, PA 17050. 2. Respondent is, and at all times herein mentioned was, a resident of Newport, Perry County, Pennsylvania. 3. On or about February 4, 2011, Respondent, as Claimant, caused to be filed in the Office of the Prothonotary of the Court of Common Pleas of the County of Cumberland, Commonwealth of Pennsylvania, a claim for a Mechanic's Lien against the interest of Petitioners • in the above-described real property, a copy of which claim is attached hereto and made a part hereof as Exhibit"A." 4. Respondent/Claimant failed, however,to commence an action to obtain judgment upon the Mechanic's Lien claim within two years of the filing of its lien claim, or on or before February 4, 2013, as required by Act of August 24, 1963, PL 1175,No. 497 § 701(b), Act of December 28, PL 1640, No. 343 § 1; 49 PS § 1701(b), and the lien has not been otherwise discharged or canceled of record. As of the date of this Petition, no Complaint to Obtain Judgment on the Mechanic's Lien has been filed. 5. No previous application has been made for this or any similar Order. 6. Petitioners' undersigned counsel sent a letter to Respondent, dated December 2, 2013, requesting that Respondent's Mechanic's Lien be voluntarily withdrawn given the failure of Respondent to timely file a Complaint to Obtain Judgment on the Mechanic's Lien. A true and correct copy of the aforesaid letter is attached hereto as Exhibit "B." As of the time of this Petition, no response has been received from Respondent or any attorney representing Respondent. WHEREFORE, Petitioners pray that the Mechanic's Lien Claim filed as aforesaid against said real property of Petitioners be stricken, removed and canceled of record, and that Petitioners have such other and further relief as the Court may deem equitable and proper. REAG7.4 TYLER, P.C. Date: December 18, 2013 / Tho s O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Petitioners 2 EXHIBIT "A" Mechanic's Lien Claim C+] 49 p.s. §1503 2 o COURT OF COMMON PLEAS m r rl ''i CUMBERLAND COUNTY,PENNSYLVANIAN �� Z. Feltman Heating,Plumbing and Air Conditioning,LLC �fl s+, cp v. �'' /3, /'/C ,w In m -i �• A Gerald Mortell !11/Or1 /-/UGr7q ;a. 0-114. MECHANIC'S LIEN CLAIM iww+ 1. Claimant,Feltman Heating,Plumbing and Air Conditioning,LLC,a Pennsylvania Limited Liability Corporation with offices at 4000 Saint Samuels Road,Newport, PA 17074,files this mechanic's lien as a subcontractor. 2. The owner or owners of the property subject to lien is/are Gerald Mortell and/ or Chong Huang whose address is 5128 Jennifer Circle,Mechanicsburg,PA 17050. 3. The date on which the Claimant completed work for which claim is made was August 8,2010. 4. Claimant files this claim pursuant to that contract with Dennis Gross dated, January 8,2010 wherein Claimant agreed to provide plumbing materials and labor for their installation at at 5128 Jennifer Circle,Mechanicsburg,PA. 5. Claimant gave formal notice of intent to file a lien claim to owner by first class mail and by registered mail delivered to owners' residence on or about December 15,2010. 6. The amount claimed to be due is$1,457.15,as of August 5,2010. The Claimant has no note or other collateral security for the claim. 7. The improvements to the property claimed to be subject to lien are all plumbing improvements,devices and appurtenances in the addition to the single family dwelling. Respectfully submitted, vCJ William Feltman Pa. K/. 60 ,al/! ['ash Ree# dcyl'L// VERIFICATION • I, William Feltman,am the Chief Officer and Secretary of Feltman Heating, Plumbing and Air Conditioning,LLC and am duly authorized to make this verification on behalf of Feltman Heating,Plumbing and Air Conditioning,LLC. I have read the foregoing Mechanic's Lien Claim and state that the averments of fact contained therein are true and correct to the best of my knowledge, information and belief. This verification is made subject to 18 Pa. Consolidated Statutes §4904 relating to unworn falsification to authorities. Dated: -2-4/-// SHERIFF'S OFFICE OF CUMBERLAND COTHUENpER_068 TY Ronny R Anderson �� FICE Sheriff r/r„ Ty�?+" DTAR;'of�,arinbr Jody S Smith Chief Deputy �� FEI {�� S: Sg Richard W Stewart Solicitor rF�, s r $F I r CUMBERLAND COUNT PENNS MANIA Feltman Heating Plumbing&Air Conditioning LLC Case Number vs. 2011-1312 Gerald Mortell SHERIFF'S RETURN OF SERVICE 02/04/2011 04:15 PM-Shawn Gutshall, Deputy Sheriff,who being duly sworn according to law, states that on February 4, 2011 at 1615 hours, he served a true copy of the within Mechanics'Lien Claim, upon the within named defendant, to wit: Gerald Mortell, by making known unto Chong Hwang, Wife of defendant at 5128 Jennifer Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the -me. r 1t trA '9 ." - SHALL, DEPUTY SHERIFF COST: $37.44 SO ANS 2, February 07,2011 R R ANDERSON, SHERIFF NOTARY Affirmed and subscribed to before me this day of !C)Lo,u7y5 to .Der;1T.retrosott Inc EXHIBIT "B " • QT Theodore A.Adler* John P.Neblett** ReageCJC r David W.Reager Susan H.Confair Adler,PC ATTORNEYS AND COUNSELORS AT LAW Linus E.Fenicle Wayne S.Martin,P.E.*** Thomas 0.Williams Jay C.Whittle**** *Certified Civil Trial Specialist **Certified in Consumer Bankruptcy ***Licensed to Practice in N.J. ****Of Counsel December 2, 2013 Writer's Email Address: TWilliams @ReagerAdlerPC.com VIA FIRST CLASS U. S. MAIL William Feltman Feltman Heating, Plumbing and Air Conditioning, LLC 4000 Saint Samuels Road Newport, PA 17074 Re: Our Clients: Gerald Mortell and Chong Huang Removal and Discharge of Mechanic's Lien Claim Cumberland County Docket No. 11-1312 MLD Dear Mr. Feltman: This firm represents Gerald Mortell and Chong Huang regarding the wrongful Mechanic's Lien you filed on their residential property located at 5128 Jennifer Circle, Mechanicsburg, Pennsylvania 17050. You filed the referenced Mechanic's Lien Claim on behalf of Feltman Heating on or about February 4, 2011. In addition to several other defects in the Mechanic's Lien Claim, the Pennsylvania Mechanic's Lien Law requires that a Mechanic's Lien Claimant file a complaint within two years after the filing of a Mechanic's Lien claim. As Feltman Heating has not filed a complaint to obtain judgment on the Mechanic's Lien Claim in accordance with the requirements of the Pennsylvania Mechanic's Lien Law,the Mechanic's Lien Claim cannot be pursued and must be dismissed and discharged. We are writing this letter on behalf of our clients demanding that you take the necessary steps with the Prothonotary of the Court of Common Pleas of Cumberland County to remove, dismiss and discharge the Mechanic's Lien Claim. If you do not do so within ten days of the date of this letter, we will be forced to file a motion requesting the Court to remove, dismiss and discharge the Mechanic's Lien Claim. If we are forced to do so, we will seek attorney's fees on behalf of our clients. We trust that this will not be necessary and that you will immediately take steps to have the Mechanic's Lien Claim removed, dismissed and discharged. I ask that you send my office a copy of a clocked-in praecipe indicating that you have done so. Should you have any questions regarding this matter, please contact me. Very truly yours, Thomas O. Williams TOW:als cc: Gerald Mortell Chong Huang P R 0 V EN R ES O U R C E S 2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradlerpc.corn CERTIFICATE OF SERVICE I, Alana L. Souders, Paralegal to Thomas O. Williams, Esquire, hereby certify that I have this date caused a true and correct copy of the foregoing Petition to be served upon the following party of record via First Class U.S. Mail, postage prepaid, addressed as follows: William Feltman Feltman Heating, Plumbing and Air Conditioning, LLC 4000 Saint Samuels Road Newport, PA 17074 Dated: December 18, 2013 FELTMAN HEATING, •▪ IN THE COURT OF COMMON PLEAS OF PLUMBING and AIR •▪ CUMBERLAND COUNTY, PENNSYLVANIA CONDITIONING, LLC, Claimant • v. : CIVIL ACTION—LAW • GERALD MORTELL and • CHONG HUANG, • Respondents •• NO. 11-1312 CIVIL TERM IN RE: PETITION TO STRIKE OFF MECHANIC'S LIEN CLAIM FOR FAILURE TO COMMENCE ACTION ORDER OF COURT AND NOW, this 2nd day of January, 2014, upon consideration of Respondents' Petition to Strike Off Mechanic's Lien Claim for Failure To Commence Action, a Rule is hereby issued upon Claimants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, C ristyl L. Peck, J. William Feltman -, Feltman Heating, Plumbing ` and Air Conditioning, LLC Saint Samuels Road `° N.) Newport, PA 17074 c. .. Claimant, pro Se xmas O. Williams, Es q. 2331 Market Street Camp Hill, PA 17011 Attorney for Respondents :rc /cat 0). t FELTMAN HEATING, •IN THE COURT OF COMMON PLEAS OF PLUMBING AND AIR : CUMBERLAND COUNTY, CONDITIONING, LLC, : PENNSYLVANIA Claimant : CIVIL ACTION LAW v. • GERALD MORTELL AND CHONG HUANG, • Respondents : NO. 11-1312 MLD 7 141 f PRAECIPE C . J TO THE PROTHONOTARY: Please withdraw the Mechanics Lien claim filed in the above matter. Allen E. Hench Law ffices, P.C. B MRS Timothy N. Atherton, Esquire Attorney for Claimant Supreme Court ID#19656 232 Market Street Newport, PA 17074 (717) 567-3139 Allen E.Hench 4. A�/ Adam P.Bracher a*I toLi r�11 16 &Associates Attorneys at Law �i n ZOO Co 232 Market Street �1 Newport,PA 17074 (717)567-3139 attorney@pa.net