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Home My WebLink About12-0117f ip NICHOLAS EVANOFF COMPANY COURT OF COMMON PLEAS Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. /ol - // 7 0, iVi l r rm c7 ,., ` RICHARD E. PHELAN AND LINDA _ L. PHELAN, his wife Owners or Reputed Owners y -- C; MECHANICS' LIEN CLAIM ...rte i.e,J " r 1. Claimant, Nicholas Evanoff Company, is a Pennsylvania Corporation with principal place of business at 997 Peiffers Lane, Harrisburg, Dauphin County, Pennsylvania. 2. The owners of the property subject to the lien are Richard E. Phelan and Linda L. Phelan ("Owners"), adult individuals who reside at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. The date on which Claimant completed the work for which this claim is made was July 20, 2011. 4. The Claimant, claiming as a contractor, contracted directly with Owners to replace the roof and perform other miscellaneous roof related work on the Owners' property at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, more particularly described in a deed recorded in Cumberland County Deed Book R 30, page 1144. 5. The Owners paid a total of $98,000.00 of the $110,900.00 contract price, leaving an unpaid balance due of $12,900.00 plus interest thereon on the unpaid balance from the date of the completion of the services. 6. A true and correct copy of the contract is attached as Exhibit "A". 7. This lien is claimed against the fee simple interest of the Owners or Reputed Owners in the aforesaid property at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 4011.50 PO Airy e? 4a9??b ?, onog 8 -I !1 - WHEREFORE, Claimant claims to have a lien upon the premises herein described in the amount of $12,900.00 plus interest on the said sum and costs, against Owners or Reputed Owners of the premises. Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC gy. _ Thomas P. Gacki, Esquire Supreme Court I.D. No. 44864 213 Market Street, 8t' Floor Harrisburg, PA 17101 (717) 237-6093 Date:' (? Z 2 VERIFICATION I, Nicholas Evanoff, Jr., President of Claimant, hereby verify that all of the averments of fact contained in the foregoing document 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.A. §4904, relating to unsworn falsification to authorities. Nicholas Evanoff, Jr. Date: Mod %M PaI?R?ab %00L 'As VVANOFF F Co. Rubber 8. Shingle Roofing Gutters & Down Spouts Custom Sheet Metal P.O. Box 4222, 997 Peiffers Lane, Harrisburg, Pennsylvania 17111 (717} 564.8500 Fax: (717) bti4-4649 October 5, 2010 Richard Phelan 735 Hanover Street Carlisle, Pa. 17013 Re: Roof Hall damage Dear Richard: This correspondence is being forwarded in reference to our conversation and project site visit. We propose to provide material, labor and equipment required to perform the following roofing work for the sum of $110,900.00. Scope of work: 1. Set up scaffolding with 6' wide decking in the front and rear of the house. Scaffolding in the rear of the house will span the ponds and will be built off of the steps and patio areas. 2. Tear off and dispose of existing damaged tile roof. 3. Clean up grounds daily. 4. Install new felt paper and ice shield membrane. 5. Furnish and Install Ludowici Colonial Mist file roof including cap, 5 Lions head hip starters, eve bands and eave trims. 6. Fabricate and install 16 ounce copper valley flashing, wall flashing, step flashing and trims as needed. 7. Fabricate and Install new 16 ounce copper roofs and required trims. 8. Flash existing roof penetrations. 9. Flash existing chimneys with new 16 ounce copper flashing. 10. Tear off and dispose of existing shingles on the garage and pool storage roofs. Install new felt paper, ice and water shield membrane and drip edge. 11.Removal of scaffolding and clean up of grounds upon completion of our work. Page Two (2) 1. Removal and replacement of deteriorated wood decking. Pricing breakdown: Original insurance quote $ 107,640.00 Add for 5 Lions Head hip starters $ 800.00 New Shingles on Garage $ 1,870.00 New Shingles on Poole Storage $ 590.00 Total $1'10,900.00 If you need additional information, please contact us. Sincerely, Nicholas Evanoff Company 4'." / ?' Kenneth R Long Estimator/Project Manager Acceptance: Contract mount $ 110,900.00 . Signature ?s NICHOLAS EVANOFF COMPANY COURT OF COMMON PLEAS Plaintiff/Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-117 RICHARD E. PHELAN AND LINDA rri C-0 L. PHELAN, his wife rn Defendants/Owners err.'; . ci , r= :? i C?o NOTICEQ _ -C n N) YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in tfi6 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 OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association, 34 S. Bedford Street, Carlisle, Pennsylvania - telephone number 717-249-3166. {L0400401.3} ECKERT SEAMA.NS CHERIN & MELLOTT, LLC Thomas P. Gacki, Esquire Pa. I.D. No. 44864 213 Market Street, Eighth Floor Harrisburg, PA 17101 (717) 237-6093 (717) 237-6019 t a?ckineckertseamans.com NICHOLAS EVANOFF COMPANY Plaintiff/Claimant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD E. PHELAN AND LINDA L. PHELAN, his wife Defendants/Owners : CIVIL NO. 2012-117 COMPLAINT TO OBTAIN JUDGMENT UPON MECHANICS' LIEN CLAIM Plaintiff/Claimant, Nicholas Evanoff Company, by and through its counsel, Eckert Seamans Cherin & Mellott, LLC, and Thomas P. Gacki, Esquire, files this Complaint pursuant to Pa.R.C.P. No. 1651 et seq. to obtain judgment upon the Mechanics' Lien Claim filed and further described herein, and in support thereof avers as follows: I . Nicholas Evanoff Company (hereinafter "Plaintiff/Claimant") is a Pennsylvania corporation with its principal place of business at 997 Peiffers Lane, Harrisburg, Dauphin County, Pennsylvania. 2. Richard E. Phelan and Linda L. Phelan (hereinafter "Defendants/Owners"), are adult individuals who reside at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. LAS &"VANOFF co. Rubber & Shingle Roofing Gutters & Down Spouts Custom Sheet Metal P.O. Box 4222, 997 Peiffers Lane, Harrisburg, Pennsylvania 17111 (717) 564-8500 Fax: (717) 564-4649 October 5, 2010 Richard Phelan 735 Hanover Street Carlisle, Pa. 17013 Re: Roof Hail damage Dear Richard: This correspondence is being forwarded in reference to our conversation and project site visit. We propose to provide material, labor and equipment required to perform the following roofing work for the sum of $ 110,900.00. Scope of work: 1. Set up scaffolding with 6' wide decking in the front and rear of the house. Scaffolding in the rear of the house will span the ponds and will be built off of the steps and patio areas. 2. Tear off and dispose of existing damaged file roof. 3. Clean up grounds daily. 4. Install new felt paper and ice shield membrane. 5. Furnish and install Ludowici Colonial Mist tile roof including cap, 5 Lions head hip starters, eve bands and eave trims. 6. Fabricate and install 16 ounce copper valley flashing, wall flashing, step flashing and trims as needed. 7. Fabricate and install new 16 ounce copper roofs and required trims. 8. Flash existing roof penetrations. 9. Flash existing chimneys with new 16 ounce copper flashing. 10. Tear off and dispose of existing shingles on the garage and pool storage roofs. Install new felt paper, ice and water shield membrane and drip edge. 11. Removal of scaffolding and clean up of grounds upon completion of our work. Page Two (2) 1. Removal and replacement of deteriorated wood decking. Pricing breakdown: Original Insurance quote $ 107,640.00 Add for 5 Lions Head hip starters $ 800.00 New Shingles on Garage $ 1,870.00 New Shingles on Poole Storage $ 590.00 Total $ 110,900.00 If you need additional information, please contact us. Sincerely, Nicholas Evanoff Company Kenneth R Long Estimator/Project Manager Acceptance: Contract mount $ 110,900.00 Signature Date p 4J \ NICHOLAS EVANOFF COMPANY COURT OF COMMON PLEAS Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 7 0 iv i 1 1CrM RICHARD E. PHELAN AND LINDA -03. M L. PHELAN, his wife Owners or Reputed Owners rTJ ? `?'.. (T 70 <c -n MECHANICS' LIEN CLAIM > "° CD ?rn 1. Claimant, Nicholas Evanoff Company, is a Pennsylvania Corporati on with principal place of business at 997 Peiffers Lane, Harrisburg, Dauphin County, Pennsylvania. 2. The owners of the property subject to the lien are Richard E. Phelan and Linda L. Phelan ("Owners'), adult individuals who reside at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. The date on which Claimant completed the work for which this claim is made was July 20, 2011. 4. The Claimant, claiming as a contractor, contracted directly with Owners to replace the roof and perform other miscellaneous roof related work on the Owners' property at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, more particularly described in a deed recorded in Cumberland County Deed Book R 30, page 1144. 5. The Owners paid a total of $98,000.00 of the $110,900.00 contract price, leaving an unpaid balance due of $12,900.00 plus interest thereon on the unpaid balance from the date of the completion of the services. 6. A true and correct copy of the contract is attached as Exhibit "A". 7. This lien is claimed against the fee simple interest of the Owners or Reputed Owners in the aforesaid property at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. WHEREFORE, Claimant claims to have a lien upon the premises herein described in the amount of $12,900.00 plus interest on the said sum and costs, against Owners or Reputed Owners of the premises. Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Thomas P. Gacki, Esquire Supreme Court I.D. No. 44864 213 Market Street, 8 b Floor Harrisburg, PA 17101 (717) 237-6093 Date: I I ? f 20lz 2 VERIFICATION I, Nicholas Evanoff, Jr., President of Claimant, hereby verify that all of the averments of fact contained in the foregoing document 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.A. §4904, relating to unswom falsification to authorities. Nicholas Evanoff, Jr. / / Date: f z/ 2. ?????? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Evanoff Company, Claimant, V. NO. 12-117 Richard E. Pheland and Linda L. Phelan, his wife, Owners or Reputed Owners. AFFIDAVIT OF SERVICE 1, k1C-k,-AXD kIL16"14 4-e- , being duly sworn to law upon my oath, depose and say, that I am not a party to this action, am over 18 years of age, and have no direct personal interest in this litigation. On at 12 :30-a.m. / ?.m. I personally hand- served the within Mechanics' Lien Claim on Said service was effected at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 in the following manner: Description of person process was left with: Sex: Skin: Wk- 1? Hair:106411 Weight: j?_o Comments/Prev. Attempts: I hereby affirm that the information contained in this Affidavit of Service is true and correct. This affirmation is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: , hi- L 1 L.? ' Richard Kreitzer Associated Services Unlimited P. O. Box 5437 Harrisburg, PA 17110 717.938.1550 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i:T i - - O l-1° i c 01 X11+rtt ,?- t ? Jody S Smith Pi OTHO NO ; ? : . Chief Deputy - 2(?I2 SAY -7 PM 12: 50 Richard W Stewart Solicitor - CU FRE1'?SYLVAN A Y Nicholas Evanoff Company vs. Case Number Linda Phelan (et al.) 2012-117 SHERIFF'S RETURN OF SERVICE 05/01/2012 08:17 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 1, 2012 at 2017 hours, he served a true copy of the within Notice and Complaint to Obtain Judgment Upon Mechanics' Lien Claim, upon the within named defendant, to wit: Richard E. Phelan, by making known unto himself personally, at 735 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said tru&ZFE-P f the same. UTY 05/01/2012 08:17 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 1, 2012 at 2017 hours, he served a true copy of the within Notice and Complaint to Obtain Judgment Upon Mechanics' Lien Claim, upon the within named defendant, to wit: Linda Phelan, by making known unto Richard Phelan, Husband of Defendant at 735 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 4 - UTS LLLDDEPUTY SHERIFF COST: $50.45 SO AN ,WMR! May 02, 2012 R R ANDERSON, SHERIFF NOTARY Affirmed and subscribed to before me this day of 12 t o ,ty c hee?t e .e'1 (nc i ?.. fW t.a t ? f ? Nicholas Evanoff Company, In The Court of Common Pleas of Plaintiff Cumberland County, PennsjgVW vs 2012 Civil Term 0117?;uM ERLAYI i/¢ i, .? Richard E. Phelan and Linda L. Phelan, husband and wife, Defendants PRAECIPE TO ENTER APPEARANCE Dear Mr. Buell: Please enter my appearance on behalf of the defendants in the above captioned matter. Dated: May 17, 2012 William P. Douglas V Number 37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 (717) 243-1790 douglaslaw@earthlink.net