HomeMy WebLinkAbout04-4242
: IN TIiE COURT OF COMMON PLEAS
: CUMBERLAND COUN1Y, PENNA
: IlOCKETNO. 64-4:>'4:1.. f'1~~ 7"'(
B.c. & SONS CONSTRUCIlON CO.,
Claimant
v.
TI-IERESA TOOMBS and
SHANE TOOMBS,
Defendants.
: MECHANIcS' LIEN
TO: Theresa and Shane Toombs
658 Shannon Road
Boiling Springs, PA 17007
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
f'9, PGo. oc .......
You are notified that a mechanics' lien claim in the amount of S~,9& 1.ee has been
filed on behalf of B.C. & Sons Construction Co. against the property located at 658 Shannon
Road, Boiling Springs, Cmnberland County, Pennsylvania, of which you are the owners or
reputed owners. The claim was filed on the 25th day of August, 2004, in the Court of
Common Pleas of Cmnberland County, Pennsylvania, at the above-referenced Docket
Number. A copy of the claim is attached.
'P~k -p rs/s<
Michael T. Traxler
Attorney ID# 90961
ABOM & KUlULAKIs, L.L.P.
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
B.c. & SONS CONSTRUCTION CO.,
Claimant
v.
: IN TIIE COURT OF CO.MMON PLEAS
: CUMBERLAND COUNTY, PENNA
: DOCKET NO.
TIIERESA TOOMBS and
SHANE TOOMBS,
Defendants.
: MECHANIcs' LIEN
MECHANICS' LIEN ClAIM
NOW COMES B.C. & Sons Construction Co. ("Claimant"), by and through
undersigned counsel, and files this claim of mechanics' lien against Theresa and Shane
Toombs, pursuant to the Mechanics' Lien Law of 1963, as amended, against the
improvements and the property at 658 Shannon Road, Boiling Springs, Cumberland County,
Pennsylvania for the payment of all debts due Claimant as a contractor for labor and
materials furnished in the construction of the improvements. In support of the claim, the
Claimant makes the following averments:
1. The Claimant is B.C. & Sons Construction Co., having its principal office at 20
North View Drive, Carlisle, Cumberland County, Pennsylvania.
2. The Owners or reputed Owners of the property and improvements against whom
the claim is filed are Theresa Toombs and Shane Toombs.
3. Claimant makes this claim as a contractor. Claimant provided certain work, labor,
equipment and materials related to the construction of a new home on Owners' property. A
contract entered into by Oaimant and Owners for the construction of the Owners' home is
attached hereto as "Exhibit A" and is incorporated herein.
4. On or about July 26, 2004, Claimant completed the furnishing of the work, labor
and materials that are the subject of this claim. L
"'1.I'Sa a<fI-
5. The total amount claimed to be due and owing is $ 9,961.80.
6. The property subject to the lien is a home at 658 Shannon Road, Boiling Springs,
'-"~'--~,----"""".,.,_..,,-
Cwnberland County, Pennsylvania, Parcel I.D. No. 22-12-0348-196, Deed Book 257, Page
966, including all equipment that as pan of said structure constitutes fixtures, together with
the lot or curtilage appUrtenant thereto belonging to the same Owner.
7. Owners began to have problems making the progress payments due to Claimant
in December of 2003.
8. As a result of Owners inability to make their progress payments, Claimant was
forced to retain the services of undersigned counsel to protect Claimant's contractual rights.
9. The contract entered into by Claimant and Owners allows for the recovery of
attorney's fees. "Exhibit A".
10. To date, Claimant has incurred $2,750.00 in attorney's fees in an attempt to
ensure full and final payment by Owners.
11. Owners have not made full and fmal payment to Claimant.
12. This lien is claimed against the Owners' interest and all others' interest in the
property herein described from July 11, 2003, the date Claimant commenced performance of
work.
- ~ .......-.-..-...-.----.---,.
WHEREFORE, Claimant fIles this claim for mechanics' lien in the amount of
$7,100.00 plus $2,750.00 for attorney's fees, $1'<t.8Q fll. [Mm./, he! _oj UQQ.gg f81 Sl.~,iff1
<~_.: I I! 8lJl totaling $ 9,9~ 1.90 with interest as provided by law.
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Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Michael T. Traxler
Attorney ID# 90961
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attamey fOr Claimant
VERIFICATION
I, William Clipp, hereby verify that the facts set forth in the foregoing Mechanics'
Lien Claim are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. $4904,
relating to unsworn falsification to authorities.
8~
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William Clipp
B.c. & Sons Construction
B.c. & SONS CONSTRUCTION CO.
f CARlJSIf. PA. 17013
PHONE & FAX (717) 258-3840
8CSONSCOllAOLCOII
June 20, 2003
Contract for constnJctlon of a new home for. Shane & Teresa Toombs
lot 322 Shannon Road
Boiling Springs, Pa,
EXCAVATION:
1) Contractor will excavate site for house and garage per blue print of size.
2) Footers will be dug to requiremenls of code. 36 inch
3) Trees will be cut down to permit building of house and garage and stored at lengths behind
the house.
4) Backfill will be used with shale and existing ground around foundation and basement
5) Dmewaywill be dug out and graded with 4 Inch shale base and of 28 stone_ Customer will
at a latertlme at their cost will install asphalt paving.
6) Trenches will be dug for sewer, water and elecbic and filled overwith stone and backfill. If
the street has to be cut and trenched to lap onto main waterilne or sewer It will be an extra
cost to the customer and to patch in with asphalt paving.
7) All ground will be rough graded and fine fill or landscaping will be at custome(s cost and Is
not Included In price of the house.
MASONRY:
1) Footers and block foundation will be done and will be changed in thickness of foundation to
fillntobudget
2) Main house will have either COIICIeIe poured walls or block at 8 feet high whichever Is within
the budget
3) Brick and stone will be installed or brick and stone veneer facing per blue print whichever Is
within budget
4) Brick chimney veneer will be installed in living room with Iapered brick look on exterior.
5) Uving room fireplace will have brick face veneer and no hearth.
6) Brick chimney veneer will be installed In the family room with Iapered brick look on exterior.
7) Family room fireplace will have a hearth of brick veneer.
8) Inserts forthe fireplaces the customer will purchase.
9) Concrete slabs will have 4 fnCh 2B stones and 4 Inch 3500 psi per blue print in garage area,
storage area, laundlY area, main house, covered back porch and front covered porch.
ROUGH FRAMING:
1) Sub floor will be installed with pine 2' x 10' joices per blue print
2) Sub floor sheathing will have 4' x 8' x ~ . osb tongue and groove.
3) All exterior and interior walls will be pine 2')( 4' with 16 inch on center on main house, garage,
storage and laumlly.
4) All exterior sheathing will be osb 4' x 8' x 'h"or celotex.
5) Trusses and roof framing will be Installed per blue print
6) All rough framing will be done per blue print of exterior and interior.
7) OSS 4 x 8x 'h" sheathing will be installed ooto trusses and roof framing.
WINDOWS:
1) Windows and exterior doolS will be Installed foronly 2 x 4 walls.
2) All windows will be size aCCOlding to blue prinls and styfes. Windows wif/ be Installed for 2 x 4
walls except for kftchen which will be a 2 x 6 wall to allow for pipe vents for plumbing.
3) Only the windows In the family 100m will have tempered glass.
4) 9 It. sliding g/ass doorwlll be installed in family room.
5) 6 It. sliding glass door will be installed in breakfast room.
6) 3 - 32 x 12, 2 lite slider basement windows wif/ be installed with vinyl clad white and low E
glass.
7) 6 It. sliding glass doorwif/ be Installed In basement rear wall at comer where 2 _ lite slider
would be on blue print
8) 1. exterior door 2'8" x 6' 8" will be installed oIfof laundry room for 2 x 4 wall.
9) 1 exterior front door at foyer 3'0" x 6' 8" with 2 side lights will be installed for 2 x 4 wall per
blue print
10) All windows will have grif/s per blue print
ROOANG:
1) Roofing will be installed with 3 tab 25 year shingles, 15 lb. felt, drip edge, and flashing
around Chimneys.
2) No ridge vent is called for in blue print and if customerwanls It will be at an exlra cost
3) 4- gable venls will be Installed.
4) K gutter and down spouts will be installed.
5) Azek panels of 4 x 8 will be used as a substitute for stucco and Azek bim boards as a
substitute foreedar.
6) SoffIt and fascia wif/ be installed on eaves and gable ends of house and garage.
7) Roof porch In front and rear will be built to framing of blue print Porches wif/ not be enclosed
but only s open porch.
ElECTRIC:
1) All outJels and switches will be installed per code.
2) 200 amp service will be installed and breakelS.
3) Install all rough in wiring.
4) All trenches and any excavation will be done by general contractor.
S) All light fixtures the customerwffl purchase and electrfcal contractor will install.
6) Customer will be responsible for all electric fees and any hook up fees from Med-ED. Also any
inspection fees the customer will be responsible for. Custornerwill be responsible for phone
and cable to be installed.
PWMBING:
-'~"_.~._--,-~-..
Supply and install the following:
2 stol}' HVAC:
1) 92 % frigldalre propane gas furnace
2) frigidalre 10seera/e condenser
3) ductboard bunkflners
4) flex lateral runs
5) floor grilles and wall diffusers
6) heat; cool thermostat
7) condensate piping
8) refigeratant piping and Insulation
9) disconnect and sealtite tubing
10) 2 elecbical cln:uits for HVAC equipment
11) PVC intake and exhaust piping to exterior
12) Cased evapmator coli on furnace
13) Charge system with freon and fire-off
2 stoty plumbing:
Customer will supply all bathroom and kilcI1en fixtures.
1) All PVC sanltal}' piping for 2 stol}' 2 'h bath house
2) All L copper water lines with
3) NeopnlOe roof flashings for wnt pipes
4) 2 exterior freeze less hose bibs
5) lcemaker hook-up
6) Recessed laUndl}' box
7) PVC Willing ofwater heaters
8) All fixtures and faucets per prinls
9) 1 propane 50 gallon water heater
10) Gas piping forwater heater, furnace, range, and fireplace
11) Set all of owne(s fixtures and fauce1S
INSULATION:
1) All exterior walls will be Installed with R- 13 except garage exterior walls.
2) Basement ceiling will be Installed with R-19 balls.
3) Allie will haw blown insulation. Between 2'" floor cellingjolces.
4) All windows and doors will be stuffed around edges ofwindows and doors with
insulation.
DRYWAll:
1) 'h drywall will be hung in main house and laundl}' room and office, 3
applications of joint compound, sand to flnlsh.
2) 'h moisture resistant drywall will be installed only around areas of water In
bathrooms on the walls and ceiling around showers. 3 applk:allons of joint
compound, sand to finish.
3) 5/8 fire rated drywall will be installed only on house side of wall where It
meets the garage and on side ofwell where office and laundl}' room meetlhe
garage. 3 applications of joint compound, sand to finish.
INTERIOR ANISH:
._'--..,._.,._.._--..,~~,-_..~
1) Conlractor will Install interior doors that the customer purchases.
2) Customerwilf purchase all finish trim and install.
J) Customer will purchase kitchen cabinets and Install.
4) Customer will purcha$e all floor COllering and install.
5} Customer will pUrchase all paint and paint all walls, trim, doors and stain all
wood products. Exteriordoors will be painted by customer. Primer all walls and
ceiling will be done by customer.
6} Customer will purchase all plumbing fixtures and plumber will Install.
7) All kitchen counterlops and sink base tops customer will purchase and install.
8} All bathlDOm toiletries and mirrors customer will purchase and Install.
9} All sIIe'- and closet rods customer will pUrchase and Install.
10) All interior railing and stair case the customer will purchase and install.
Tenns:
1} Anything to do with finish wo/l( on interior unless noted in this contract will be written up as an
extra on a change of wo/l( order form and signed by both parties. Cost of extras will be charged
at that time and payments to be made per change ofwo/l( orner.
2} WorIl will stop if the agreed payment Is not paid wilen due on the payment schedule. Once
payment Is receiwld wo/l( will Proceed ftom the stop point
J} The down paymant Is due one week before wo/l( begins so checll clears bank orthe customer
can lransferfuncls through direct routing to the conlractor's banI!.
4} if anytlllng Is extra from what staled In contract about tapping Into water and sewer with run off
lines that are to be there It will be an extra cost.
5} A one yearwananty Is given against WOIkmanship except for wear and tear and damage done
by stonns.
6} Anything that Is not listed In the above contract will be written up separately and apJllDVed by
Bill Cllpp and a change of worll orner will be signed by customer with an approximate price of
the cost of the WOIk. if there Is more involved in the changes which will inclllase price, the wo/l(
will be stopped lIlIthe homeowner Is notified and a decision Is made.
7) A punch list will be made at the end of the Job and revfewed by homeowner with Bill Clipp on
any Items that need IooIled at ~rwill sign and date the punch list when worll is
completed. All paymants alllto be made by the lime the punch list Is completed. If not paid In
JO days a 1.0% interest will be charged monthly lIlIthe amount is paid in full.
8} All payments are to be paid on the days due. Bill Cllpp and homeowner will Inlllal behind each
payment when made.
9} Down payment is due at the lime of the signing of the conlract
10} Hom_nerwill be IllSpO/ISlble for any attorney fees inCUll'ed because of default of conlract
Payments are to be made as fo/lows:
. see next page
By signing below I agree to all the terms in the above conlract
Homeowner:
Homeowner:
ate:
Date:
O{P~'I03
C'tG "to { /,.., ~
.
5hj~3
Conlractor:
Date:
----_.~----,--,~,-,~_..._.,
CERTIFICATE OF SERVICE
AND NOW, this 25th day of August 2004, I, Michael T. Traxler, of
ABoM & KUltJLAKIs, L.L.P, hereby certify that I did serve a true and correct
copy of the foregoing Mechanic's Lien, upon the Defendants by depositing, or
causing to be deposited, same in the United States Mail, First-class mail,
postage prepaid addressed to the following:
Steven J. Fishman, Esquire
Salzmann, Hughes & Fishman, P.e.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Attorney for Defendants
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Michael T. Traxler
Attmney fUr Claimant
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04242 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
B C & SONS CONSTRUCTION CO
VS
TOOMBS THERESA ET AL
BRYAN WARD
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within MEClrnNICS LIEN CLAIM
was served upon
TOOMBS THERESA
the
OWNER
, at 1848:00 HOURS, on the 15th day of September, 2004
at 658 SHANNON RD
BOILING SPRINGS, PA 17007
by handing to
THERESA TOOMBS
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
5.92
.00
10.00
.00
33.92
.r-~--~.-:~
R. Thomas Kline
09/16/2004
ABOM & KUTULAKIS
Sworn and Subscribed to before
By:
~ ~6!f
me this :l1A-k' day of
~ . -, ,J.m;Jt A.D.
~6
L Q.~'-
rothonotary I~
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04242 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
B C & SONS CONSTRUCTION CO
VS
TOOMBS THERESA ET AL
BRYAN WARD
, Sheriff or Deputy Sheriff of
Cumberland County, pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
TOOMBS SHANE
the
OWNER
, at 1848:00 HOURS, on the 15th day of September, 2004
at 658 SHANNON RD
BOILING SPRINGS, PA 17007
by handing to
THERESA TOOMBS, ADULT IN
CHARGE
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time: directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
09/16/2004
ABOM & KUTULAKIS
Sworn and Subscribed to before
By:
~
w-vl
Sheriff
me this .2/~ day of
-1,JJ~. 2.ozJ'I A.D.
UAf/l-I. () Pr.iH1-<~ ~
I l!'rothonotary , 7 I
B C & SONS CONSTRUCTION CO,
Claimant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: DOCKET NO. 04-4242 MDL TERM
v.
THERESA TOOMBS, ET AL,
Defendant.
: MECHANICS' LIEN
AFFlDA VIT
On September 15, 2004, Bryan Ward, Cumberland County Deputy Sheriff, served a
copy of the Notice of Filing of Mechanics' Lien Claim and the Mechanics' Lien Claim in the
above-captioned matter on Theresa Toombs and Shane Toombs, at 658 Shannon Road,
Boiling Springs, P A 17007. True and correct copies of the Sheriffs Returns are attached to
this Affidavit.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Date:
~/ ;< ~/~ '/
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Michael T. Traxler
Attorney ID# 90961
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Claimant
SHERIFF'S RETURN - REGULArl
CASE NO: 2004-04242 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
B C & SONS CONSTRUCTION CO
VS
TOOMBS THERESA ET AL
BRYAN WARD
Cumberland county,pennsylvania, who being duly sworn according to law,
, Sheriff or Deputy Sheriff of
says, the within MECHANICS LIEN CLAIM
was served upon
TOOMBS THERESA the
OWNER ' at 1848:00 HOURS, on the 15th day of september, ~
at 658 SHANNON RD
BOILING SPRINGS, PA 17007
by handing to
THERESA TOOMBS
together with
a true and attested copy of MECHANICS LIEN Cl:..AIM
and at the same time directing ~ attention to the contents thereof.
So Answers:
.r~~~/~
R. Thomas Kline
Sheriff's Costs:
Docketing
service
Affidavit
Surcharge
18.00
5.92
.00
10.00
.00
33.92
09/16/2004
ABOM & KUTUI.AKI S
Sworn and Subscribed to before
-.-.--..-....-- -
By' ~ . I
_:=-- _____lAL------
De~ty Sheriff
__----...-n.--.-----
-,_._--~--'-'- '.
__.__.______ nn_.. -' ..~.-._---.. .. ---'" ----.----. .-
me this
day of
A.D.
prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04242 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
B C & SONS CONSTRUCTION CO
VS
TOOMBS THERESA ET AL
BRYAN WARD
Cumberland county,pennsylvania, who being duly sworn according to law,
, Sheriff or Deputy Sheriff of
says, the within MECHANICS LIEN CLAIM
wafl served upon
the
OWNER
, at 1848:00 HOURS, on the 15t:~ day of September, ~
TOOMBS SHANE
at 658 SHANNON RD
BOILING SPRINGS, PA 17007
THERESA TOOMBS, ADULT IN
by handing to
CHARGE
together with
a true and attested copy of MECHANICS LIEN CJ:,AIM
and at the same time directing Her attention. to the contents thereof.
Sheriff's Costs:
Docketing
Service
AU idavi t
surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
?~!~:-,>r:'.,f:~'4d~
, I
R. Thomas Kline
09/16/2004
ABOM & KUTUIAKIS
me this
day of
By' ~ I
'__ _' lA)y~ "
Depu~ Sheriff
sworn and Subscribed to before
A.D.
prothonotary
CERTIFICATE OF SERVICE
AND NOW, this 29'" day of September, 2004, I, Michael T. Traxler, of ABOM &
KUTULAKlS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing
Affidavit, upon the Defendant by depositing, or causing to be deposited, same in the United
States Mail, First-class mail, postage prepaid addressed to the following:
StevenJ. Fishman, Esquire
Salzmann, Hughes & Fishman, P.C.
9 Alexander Spring Road, Suite 3
Carlisle, PA 17013
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Michael T. Traxler
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B.C. & SONS CONSTRUCTION CO.,
Claimant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
v.
: DOCKET NO. 004-4242 MLD TERM
THERESA TOOMBS and
SHANE TOOMBS,
Defendants.
MECHANICS' LIEN
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please enter satisfaction of the mechanics' lien claim in the above-captioned action.
Respectfully Submitted,
ABOM & KUTULAKIS, L.L.P.
O? / '1loc,
Date' ,
. L---- ~
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Michael T. Traxler, Esquire
Attorney I.D. No. 90961
36 South Hanover Street
Carlisle, PAl 70 13
(717) 249-0900
Attorneyfor Claimant
.
CERTIFICATE OF SERVICE
AND NOW, I, Michael T. Traxler, of ABOM & KUTULAKIS, LLP, hereby certify that I
did serve a true and correct copy of the foregoing Praecipe to Satisfy by depositing, or causing to
be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the
following:
Steven J. Fishman, Esquire
Salzmann, Hughes & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Theresa and Shane Toombs
658 Shannon Road
Boiling Springs, PAl 7007
Respectfully submitted,
ABOM & KUTULAK1S, LLP
DATE
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Michael T. Traxler, Esquire
36 S. Hanover Street
Carlisle, PAl 70 13
(7 I 7) 249-0900
ID No. 90961
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