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HomeMy WebLinkAbout11-7429Oro 1 28 Pfl! 1: "'UMBERLAND cau i a PEINIcNSYLVAN I A WEATHER SHIELD, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND VALLEY DEVELOPMENT_ INCNO. Ll a? 0jV,k 20 Defendant : Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717.249-3166 a.} Wa d al? Ck-? ?33b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WEATHER SHIELD, INC. No. VS. CUMBERLAND VALLEY DEVELOPMENT, INC. COMPLAINT IN ACTION UPON MECHANIC'S LIEN 1. The Plaintiff is WEATHER SHIELD, INC., a corporation with a principal place of business at 4071 South Salem Church Road, Dover, PA 17315. 2. The Defendant is CUMBERLAND VALLEY DEVELOPMENT, INC., a Pennsylvania corporation with its principal place of business at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania 17055. 3. The property subject to the lien is located at 302-304 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and owned by the Defendant. 4. On September 28, 2011, the Plaintiff filed a Mechanic's Lien Claim in the Court of Common Pleas of Cumberland County docketed to the above captioned number, a true and correct copy of which is attached hereto as Exhibit A and incorporated by reference herein. 6. The work performed by the Plaintiff was performed in a good and workmanlike manner pursuant to the written agreement of the parties, and the charges made for said work were fair and reasonable as compared to charges made by others engaged in providing similar services in the area. Despite repeated demands, the Defendant has failed and refused to pay the balance owed. WHEREFORE, Plaintiff demands judgment in the amount of $2,247.38, plus interest at the rate of 1-1/2% per month, plus reasonable attorney's fees and costs of suit. Respectfully submitted, !, & ?, b"? r Sarah E. Buhite, Esquire ID No. 201415 LAW OFFICE OF MARC ROBERTS 149 East Market Street York, Pennsylvania 17401 (717) 843-1639 Attorneys for Claimant (1 f G7G 170117 i v . ?r?•,??r i vv 4eo• ?.., i, .,?: IN TM COLUT OF CO1 WIf PUKU OP COMB=klAM COMM PZNHBYI,VAMZA WEATHER SH121D, INC I No. VS. c CWBERIrAM VALLEY DEVELOPMENT, INC. e VIUIPJMT? T, William R_ Kimmel, Preeident of WEATHER SHIELD, INC., Plaintiff, do hereby verify that the facts met forth in the foregoing pleading are true and correct to the beat of my personal knowledge or information and belief, and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (19 pa.C.S. Sec. 4904) relating to unsworn falsification to authoritiev. WEATHER SHIELD, INC. Dates September , 2011 By William K. mme , Press ent Fi _ s0-BFFI IHONC 'J 20 11 SEP 28 PH I: w ? CUMBERLAND COUN,11"Y PE14N1SYLVAN'IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WEATHER SHIELD, INC. VS. CUMBERLAND VALLEY DEVELOPMENT, INC. TO: CUMBERLAND VALLEY DEVELOPMENT, INC. 71 Silver Crown Drive Mechanicsburg, PA 17055 l iVl No. I J--) Qt act NOTICE OF MECHANIC'S LIEN CLAIM Please be advised that on September 28 , 2011, there was filed in the Court of Common Pleas of Cumberland County at the above caption and docket number, a Mechanic's Lien Claim, a true and correct copy of which is attached hereto. SaAat ? it Sarah E. Buh'te, Esquire ID No. 201415 LAW OFFICE OF MARC ROBERTS 149 East Market Street York, Pennsylvania 17401 (717) 843-1639 Attorneys for Claimant Ijr,'M1 I i; 1P1? i t ) f v v COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WEATHER SHIELD, INC. No. VS. CUMBERLAND VALLEY DEVELOPMENT, INC. MECHANIC'S LIEN CLAIM 1. Claimant, WEATHER SHIELD, INC., a corporation with a principal place of business at 4071 South Salem Church Road, Dover, PA 17315, files this Mechanic's Lien claim as a contractor. 2. The owner of the property subject to the lien is CUMBERLAND VALLEY DEVELOPMENT, INC., a Pennsylvania corporation with its principal place of business at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania 17055. 3. The date on which Claimant completed the work for which the claim is made was July 13, 2011. 4. Claimant files this claim under a written contract with the owner, in which Claimant agreed to furnish and install insulation materials pursuant to the information contained in the attached Job Work Order and Statement, all of which are incorporated herein by reference, at the addresses of 302-304 South Washington Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania. The documents attached hereto describe the type of material furnished and services performed and the charges made for the same. 5. The amount claimed to be due is $2,247.38, plus interest at the rate of 1-1/2% per month, plus reasonable attorney's fees incurred in the collection of this amount, estimated for the purpose of this notice at $750.00, plus court costs. 6. The improvement and property claimed to be subject to the lien is a residential structure located at 302-304 Washington Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania, known as Map No. 20-24-0785-466 and Map No. 20-24- 0785-467 on the assessment maps of Cumberland County, and described in a deed recorded in Record Book 262, page 4950, Cumberland County Records. Respectfully submitted, AA? ? ki A 4 A'+ Sarah E. Buhite, Esquire Attorney for Claimant - JOB WORK ORDER WEATHER SHIELD INC. 4071 S. SALEM CHURCH ROAD DOVER PA 17315 717-292-5613 Bill To: CV Development Inc Job Location: Address: 71 Silver Crown Dr 302 / 304 S Washington St (2) units City: Mechanicsburg Phone; 554-6861 Mechanicsburg, PA Date Promised: July 13, 2011 Time 6:30 - 9:00 Customer Notified: Yes / Confirmed Descrlation of Work: 1, Installing CertainTeed Insul-Safe SP as described in attached sheet over entire ceiling of homes to total R38. Existing is R15, so we must add R23. Extend vent fans as necessary. 2. Install 2 yardstick. Directions: Trlndle Rd -- L on S York - R on Marble St - R on S Washington Duplex on L Measurements- Walls Ceilinos Crawl Soace MATERIAL: Plus wood Walls Completed ~ Insul-Safe SP Low E 4 ft Attic Completed Cellulose Low E 6 ft Crawl S ce Completed Glue Low E Tae Garage Common Wall Fiberglass Optima Other Roof Vents Spackle Baffles Plus S rofoam Netting Staples TOTAL JOB COMPLETED MISC: Circle one Payment Received Y N q.s -A 00) RRbR :01 b19S Z62 LTLT SNI 0-13IHS ?GH1d9M: XaA 9t7:80 T T02-L-dSS .?. _ Weather Shield, .inc. 4071 S Salem Church Rd Dover, PA 17315 CV Development 71 Silver Crown Dr Mechanicsburg, PA 17050 Date: 7/15111 Inv. No: 8493 Completed: 7/14/11 Job Site; 302 / 304 S Washington St Mechanicsburg, PA Description: Install Insulation Per Proposal .............................................. $1355.00 Additional work done to unit 302 / 304 S Washington St. Rear V floor ceiling were not properly done ...................................................... $ 892.38 Total amount due for work done -------------»---- ------ $2247.38 Term: Due Upon receipt, please. Thank You! Unpaid balances will be subject to a 1 ""/2% Finance Charge per month with an ANNUAL PERCENTAGE RATE OF 18%. Disputed items must be brought to the attention of Weathcr Shield, Inc. within ten (10) days in writing. Should it become necessary to place this account in the hands of an attorney for collection, the buyer agrees to pay for all and any cost of collection including said attorney's fee. A", d 1l?Gl/ ( 4 n,+ f 1 4 ?. ? 1 _? a E c6+.+?'a + p L r?#.??3t r??.?G CJUP?1 i i ?h S y LY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WEATHER SHIELD, INC. No. 11-7429 Civil VS. CUMBERLAND VALLEY DEVELOPMENT, INC. To: Cumberland Valley Development, Inc. 71 Silver Crown Drive Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 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, PA 17013 1-800-990-9108 717-249-3166 Dated: November 16, 2011 jtq'? ?-. ?? -'Sarah E. Buhite, Esquire Attorney for Plaintiff 149 East Market Street York, PA 17401 (717) 843-1639 I.D. No. 201415 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WEATHER SHIELD, INC. No. 11-7429 Civil VS. CUMBERLAND VALLEY DEVELOPMENT, INC. CERTIFICATE OF SERVICE I, Sarah E. Buh.ite, Esquire, attorney for the Plaintiff, hereby certify that I have, on the 16th day of November, 2011, served the attached Important Notice by first-class mail, postage prepaid, upon the persons and to the addresses indicated below: Cumberland Valley Development, Inc. 71 Silver Crown Drive Mechanicsburg, PA 17055 SARAH E. BUHITE, ESQUIRE CUMBERLAND IN THE COURT OF COMMON PLEAS OF YO C.OU,NTY `.PENNSYLVANIA CIVIL DIVISION WEATHER SHIELD, INC. VS. CUMBERLAND VALLEY DEVELOPMENT, INC. . File No. 11-7429 Ci?ril PRAECIPE'FOR JUDGMENT Enter Judgment in favor of Plaintlff/DafamdM.and against: • Defendant,'Cumberland Valley Development, Inc., C w? c mco r, Ci =- rni= forwant of an answer i U) ?3> on =o ( x) Assess damages as follows: Acs :9 zc:> ?._ or' * r Debt- $ 2, 247. 38 v z N Dr Interest from -- $ sv Attorney's Commission---------------- $ TOTAL---------_--- $ 2,247.38 ( x) I certify that the foregoing assessment of damages is for specified amounts alleged to be due'in the complaint and Is calculable as a sum certain from the complaint. ( x ) Pursuant to Pa:R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been malled to each other party who has appeared in the action or to his/her Attorney of Record. ( R ) Pursuant to Pa.R.C.P. 237.1, 1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten dAys prior to the date of the filing of this praecipe and a copy of the notice is attached. DATE: Signature: Print Name' Sarah E. Buhite,. Esquire I ?P • SO 0 Am%? Attorney for: Plaintiff CLt 8LISio alpgt4 c0s Address: 149 East Market Street York, FA 1/4UI Telephone: 717 843-1639 .: 201415 Supreme Court I J NOW, C?1f? . 20 JUDGMENT NT D ROVE. Prothonota rk, CN vl by: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WEATHER SHIELD, INC. VS. CUMBERLAND VALLEY DEVELOPMENT, INC.: No. 11-7429-Civil C Z ? ?r- Civil Action - Law a ?Q , - LcG ^a cs ? T? n ) ? Z n O rn N CERTIFICATE OF RESIDENCE p I hereby certify that the last known address of the Plaintiff is: 4071 South Salem Church Road, Dover, PA 17315 and that the last known address of the Defendant is: 71 Silver Crown Drive, Mechanicsburg, PA 17055 a ah E. uhite, Esquire Attorney for Plaintiff CUMBERLAND 1 THE COURT OF COMMON PLEAS OFMAXSOUNTY, PENNS LVANIA CIVIL. DIVISION WEATHER SHIELD, INC. Plaintiff(s) File No. 11-7429-Civil ?s NOTICE OF FILING JUDGEMENT CUMBERLAND VALLEY DEVELOPMENT, INC. Defendant(s) ( X ) Notice is'hereby given that a judgment In the above-captioned matter has been entered against you in the amount of $2, 247.38 on January 2012 ( X) A copy of all documents filed with the Prothonotary in support of the within judgement is/are encl d. r x Prothonotary Civil Division by. If you have any questions regarding this Notice, please contact the111ing party: NAME: Sarah E. Buhite, Esquire ADDRESS.: 149 East Market Street r York, PA 17401 i TELEPHONE NUMBER: 717 843-1639 (This Notice is given in accordance with Pa. R.C.P. 236.) NOTICE SFNT T0: . NAME uTUO rland Valley Development, Inc. Silver ve Mechanic:sburg,-PA 7055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7429 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WEATHER SHIELD, INC. Plaintiff (s) From CUMBERLAND VALLEY DEVELOPMENT, INC., 71 SILVER CROWN DRIVE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL TOOLS, EQUIPMENT, OFFICE EQUIPMENT, SUPPLIES, ETC. OF THE DEFENDANT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,247.38 L.L.$.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid Other Costs Plaintiff Paid $197.94 Date: January 9, 2012 David D. Buell, Prothonotary (Seal) By: aj (J. Deputy REQJL:STING PARTY: Name SARAH E. BUHITE, ESQUIRE Address: 149 EAST MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-1639 Supreme Court ID No. 201415 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAW r, c? CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Mr WEATHER SHIELD, INC. ?ConfessedJudgment Plaintiff Other t-- VS. File No. 11-7429 Civil pct CUMBERLAND VALLEY DEVELOPMENT Amount Due $2 , 247.38 gy INC. Defendant Interest Address: Atty's Comm 71 Silver Crown Drive Costs Mechanicsburg, PA 17055 TO THE PROTHONOTARY OF THE SAID COURT: trf n? t? O?+ --to ©ln Ti t -o N The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all tools, equipment, office equipment, supplies, etc. of the Defendant PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis Vcndens against real tate of the , ?A er & defendant(s) described in the attached exhibit. Date January 4, 2012 Signature: C SD Name: Sarah E. Buhite, Esquire au. % R8' Sb 6 Address: 149 East Market Street 68. q? CBS York, PA 17401 90?. oD it (? . Sb "'• -2.56 W 46 1 ?7.9y Attorney for: P l a i n t i f f Telephone: 717 843-1639 Supreme Court ID No: 201415 C L+PC/S('0 ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - t0'0 Jody S Smith Chief Deputy i01? FEB 22 Ply 2: 0 Richard W Stewart 1 p t? {1 f Solicitor r%lli'` BERLAND U0UW' Y. PENN5YL4'Altlk Weather Shield, Inc. Case Number vs. Cumberland Valley Development, Inc. 2011-7429 SHERIFF'S RETURN OF SERVICE 01/11/2012 05:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2012 at 1740 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Cumberland Valley Development, Inc., by making known unto Steven E. Westhafer, Adult in Charge, at 71 Silver Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 01-13-12. 02/02/2012 Sheriffs sale scheduled for February 27, 2012 at 3:00 p.m. 02/03/2012 12:28 PM -Sale bill posted on 02-03-12 at 1225 hours by Deputy Worthington. Sale date set for Monday 02-03-12 at 1500 hours. Copy of sale bill mailed to Attorney Buhite. 02/22/2012 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as SATISFIED. SHERIFF COST: $153.12 SO ANSWERS, February 22, 2012 RON R ANDERSON, SHERIFF r • S ?'' L L r,,??l )L7 / 1-1-1b DISTRIBUTION PLAINTIFF Weathershield WRIT NO. 2011-7429 Weathershield ..Vs- Cumberland Valley Development, Inc. Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 2,445.32 Sheriff's Costs: Docketing $ 18.00 Poundage 44.95 Law Library .50 Prothonotary 2.00 Service Mileage 20.00 Postage 2.6 Advertising 10.00 Postpone Sale 15.00 Bad Check Charge Surcharge 20.00 Garnishee Levy 20.00 TOTAL $ 153.12 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. $ Refund of Adv. Costs Sheriff's Costs $ 2,247.38 197.94 2,445.32 150.00 153.12 $ 2,598.44 150.00 $ 2,748.44 So Answers: R . An erson S ff