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HomeMy WebLinkAbout12-5436 ~J LAW OFFICES OF PETER J. RUSSO, P.C. c Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire r~n PA Supreme Court ID: 72897 ~y, w 5006 E. Trindle Road, Suite 203 ~ Mechanicsburg, PA 17050 ~"`cn ~ a~--'~'~-, Telephone: (717) 591-1755 y,~ N Facsimile: (717) 591-1756 t~ ah Email: prusso~a uirlaw.com PREMIER SIDING AND ROOFING IN THE COURT OF COMMON PLEAS OF PA, LLC OF CUMBERLAND COUNTY Claimant v. NO: - ~3 6 MLD TERM SUSAN M. STUM Owner MECHANIC'S LIEN MECHANICS' LIEN CLAIM AND NOW COMES Premier Siding and Roofing of PA, LLC. ("Premier Siding"), by its attorneys, Law Offices of Peter J. Russo, P.C., files this Mechanic's Lien Claim, and, in support thereof, avers as follows: 1. Claimant, Premier Siding and Roofing of PA, LLC. is a limited liability company and existing under the laws of the Commonwealth of Pennsylvania with a registered business address of 152 South Hanover Street, Carlisle, PA 17013. 2. The owner of the property subject to the lien are Susan M. Stum with a principal address of 1406 Country Road, Mechanicsburg, PA 17055. A true and correct copy of the deed to the property subject to the lien is incorporated herein, made a part hereof, and attached hereto as Exhibit A. ~a~. so ~~ys~3 ~a8°~3 3. The property subject to the lien is 1406 Country Road, Mechanicsburg, PA 17055, also known as tax parcel no. 42-27-1896-026. 4. Claimant is filing this claim as a contractor under the Mechanic's Lien Law of 1963.49 P.S. § 1101 et seq. 5. The date on which Claimant completed the work for which this claim is being made was July 20, 2012 which is less than six months from the date of this filing. 6. The amount claimed to be due is $5,224.55. 7. The improvement and property claimed to be subject to the lien is a full roof replacement on the real property located at 1406 Country Road, Mechanicsburg, PA 17055. wherein Claimant whereby to furnish all labor and materials needed to complete a full roof replacement. A true and correct copy of the written proposal is attached hereto and incorporated herein as Exhibit B. 8. WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC claims to have a lien upon the premises herein described in the amount of $5,224.55, plus interest, costs of suit and such other and further relief as the Court may deem appropriate. ect u ~ miffed, LAW OFFICES OF P SSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Paul D. Edger, Esquire Attorney I.D. No. Attorneys for Plaintiff 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: ~ I ~ o I ~ ~ 23~G / C usfi•.f i' iIFCt.?:R G~~ '9'1 SEN. 2 Ate 10 52 TA;K PARCEL NO. 42-27-1896-026 MADE THE a$~ day of ~UguS~' in the year one thousand nine hundred niACty-seven (1997) 9lTWitlN CFIARLE3 h. tIAYINAN and TEFtEBA R. IlAYMAN, his wife, of Mechanicsburg, Pennsylvania, Orantora, AND 3U3AN M. S1'UM, single woman, of Harrisburg, Pennsylvania, Orantee, that in consideration of ONE HUNDRED FORTY-FOUR THOUSAND---------------- °-°----°_..~-----------------------------°0144,000.Ot!)---------------°----------------°--° Dollars, in hand paid, the receipt whereof is hereby acknowledged, the add grantors do hereby grant and convey to tho said grantee, ALL THAT CERTAIN piece or parcel of land situate i.n the Towaship of Upper Allen, County of Cumberland and Commonvnalth of Pennsylvania, being more psrticularlq bounded and de- scribed as follows, to wit: HEC)INNINO at a paint on the southern aide of Cowttry Drive ([i0 feet wide) at the dividing line between Lot Nos. 2 and 3 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lot Nos. 2 and 3, South 19 degrees 8 minutes 14 seconds West, a distance of 177.14 feet to a point at line o[ lands now or formerly of Peter Condon; thence along said lands now or formerly of Peter Condon, Narth 57 degrees 32 minutes 30 ascends West, a dta- tance of 135.90 feet to an iron pin at corner of land s of the same at the dividing line between Lot Nos. 2 and 1 as shown on the Plan of Lots hereinafler mentioned; thence along said dividing line between Lot Nos. 2 and 1, North 13 degrees S9 minutes 39 seconds East, a distance of 140.46 feet to a point on the southern dde of Country Drtw~, frost above mentioned; thence long the southern stde of said Country Drive on a curve to the right, having a radius of 1,770 feet, an arc distance of 145 feet to a point on the same, at the dividing line between Lot Nos. 2 aced 3 as shown on the Plan of Lots hereinafter mentioned, tl~.e point and place of BEOFNNINt). HAV[NO THEREON ERECTED a brick and aluminum split level dwelling known as 1406 Country Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to restrictions and conditions as contained in prior deeds of record. 000 l7lCf Q~ HE1N0 Lot No. 2 as shown on the Plan of Lots entitled "Country Estates, Section 1', na laid out by David 9. Bressler on March 18, 1970 end revised on April 15, 197(1, recorded in the O1Fice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Hook 16, Page 83. BE1Np THE SAME PREMI9E9 which Joha T. Bart, Jr. and Diane 3. Hart, his wife, by their Deed dated Deoembor 22, 197b and recorded Jaaupry 6, 1976 In the Otfice of the Recorder of Deeds in and for Cumberland County in Decd Hook F:, Volume 26, Page 146, granted and conveyed unto Charles A. Hayman and Teresa R. Haymem, his wife, Grantors herein. Cu~herland Carntr Recardrr o/ deeiz lnstrae~t filine Recei~tl 1$iZ0 InltM 1997-O'2Jti69 4!0,°/1997 ]0~5J+~. Re~arks! LEYINOR lAp9 TRAMSFEA 9TU1 ILS,. DEED - RlT 5Tp1E 1440.0 r£akwFrs~uRO 7~.a.~ IPiER q.ll:M 111P 1?0.th~ IEED - A/H IL`;- (heck! 32918 (1,463: n' (ha1:4 32919 f1,4•Yldh' Total (baivtd......, 42~90.i.5i~ '4 ariox ifi3 racf 82"! And the said grantors do hereby Warsaat llpseelsUy the property hereby conveyed. DV p?ITMBB Wl><L$l'OT, acid grantors have: hereunto set their hands and soak the day and year first above written. ti +sesae~. afetw W ;DetM~ert~ LlI:8 A. HAYM IM tye ~tettatt N TL+'RESA R. HAYMAN STATE OF 2 COUNTY OF ~A„fin ,,qq On Wia, the o18 day of /Tfl4tlS~ , 199, before tae, the undersigned ofRcer, personally appeared CHARLE3UUA. IiAYMANf fk TERE3A R. HAYMAN, his wife, known to me (or satisfactorily proven) to be the penrona whose names are subscribed to the: within Instrument, and aclmowIedged that they executed same fot the purposes therein contained. ~1I IV17~8B W1Sf1~R1s01; I hereunto set my hand seed ofFietiel ee'aL~/ J..~y,, ' ~~~t t~j''~'.~r',4.;1; _~`r` otary Public ~~l'~y:~. " E '~',1 i ?butitc;d ,.,l..;Ggo. ~ NordroeMr,~hlaryRNo IitR+~+7wp . f]mYy~Mns ra F 61y UneNfrnnEaphec2q~.;:.. ~E STATE o. x H.nTy~,t,7i'n%.isluiu i:5`r:.n COUNTY OF On this, the day of , 199_, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name is subscribed to the: within instrument, and acknowledged that executed same for the purposes therein contained, 11V WJ79VJC88 1+t~R10l, I hereunto set my hand axd official seal. - (8EAL) Notary Public eroK 163 r~ci: 829 CJC1tTDYIGT.~ OJ' sz~tar~ I do hereby certify that the precise residence and complete post office address of the within ~antees ie: t~ ~ L ~tCft.WtaC.l3`Ktl~tL . ~ 17055 A+~h'/Agent fors v CL7N[IIaNWJrdLrft t)l' Pl'1~At1rYLVAlVI'i!: J SS Cotnd3y of v,., l,.r 1 • RECORDED on this a ~ d day oC 5 ° f !moo ~ ~ A. D. 19 7 in the Recorder's office of tl~e acid County, in DNd Hook ~G '~ir;:r-; :•;•~.~r Vol. ~ pare ~ fo ~ •Y... • Ar~+ • t 4liven under my hand and the seal of the said o[tice, the date above written. ci ter t,• } . it , ` ~ , ~i~~ Recorder. . noon iG3 reef 829 162 South Hat~owrSttteet, Cercik~le, PA, t 7tl13 ~r w~.pt~tnianddittge+txtfing.com I?siSLJF~AT~ICE Ri:,COVERY AGREEMEN"i' DA'FS: ~ ` ~ ;{.~.4'..~'~~ _ CtiSTOIv1ER_ CC>I)E: gL~3R1rSS: ~ , - CITX.. S~ A`IE, r ZIP C(}~E t~r~' HC>i~fP,©i~i°~ ~ 1YO~CiC f~ ~ ' 7~& rl~~tt tr sr~cr to l#~txrr~csa Coxr~J+ Aurora! fAm% (>cmEni)axtion of the prtKxred wrorl; and materials des<xiptx~ a~xaring on a sepntate docxn+xnt shall be incorporated into this A~eecnent. ~,~f7fi~ONS RtSU! Grade of Shir~te. ~ ~ ~1~` ~ ~ ; a T8 t~1 Agreametrt .d?aY?ount: ~t t ~ s 1 , ~ sae nr sni, Ftid~: Material: --__,'f2~ ~trrtf r; Liles ~ c/^,~ j Supplemertt: ~.'+~lr ~~L~3~L y Ci~#t)r ot'3fript~e' ~ ~ ~ - . C~,~~•~.,- re~r Y o~vvaa ~ ot~ txy~ 1~~ ~ y ~ ~~~ir: p~ S ~ ~f SG?: fhC walk~bie(lhxkr ~t I~f~rc~ t~a>i~bJe tch~ ~Ilz}_ t~'e., d ~1 S-[h Yclt ~30-Ih Felt Total Contract Price; $ I5r SIDING ' Hrarxl. L. ,~j,,l ,~.c~i r1 e~ PLE:Al3I: MAKJI: Al:l. C'H~CR Pll'YAIiI.F TtJt: '+q"ie~ 1 Lr..~~~~1---_._'~'-~`L'~' Pit>~MIFAt ~i~i~iG & ~R(~[1F'CI+1G f1F PA, LL.C. Cokx i~1`tt€t . ~tc1 Vviddr ~ d' 4 S" `~h ~4.. itlhst~ T~L9t Qva~ ~aneE Prrr~~ t~hi~ _ s~?gt~ ~ ~ .t~~ f /T s ~,~J i)'T~ttF..R Second P tneast !)ue li m l~kiis+e ~ Gf?~iatesia3 izep~Ce G~:D•s~ >M~`i., Paid Cekx I`lr~~? t.. /tCi,~"`_ ~+~ra~L1~C.a~.e, lhte; ~ ~ Y c~cit S~'91 ~'Jtenmve .tt Rei~asil G&L7's $ ~ ~ Xkeplact s I.cwv~red~Raised P&nel ~ l{"t. Paid emuve & Rts~tait Stwttre~ eptarx Gable Vetn(s~:Yes No Qty. Square Rauttd Triertgatlar C.okx: , BAI..AAiG€ 5 - r t/r'h ~ AckanwlrKl$ment r e e. ~ ~ Ir Alt eherk~s isi~ if}+tire irnuratioe andtcxtage Company in paymrnt for du aetvitxs prcwhkd ttereio shaft test 1be C'utikxrrer and ~ Premier Siding dt Roofing of PA_ t,l_C as co-pa, , ~ Caatu~rr'slaitials );r-.,. _ Premier Sid{rg & Rr~o~rag of PA, LI,C ~ _ ~ I"ergs, Thin Atgreematt does net ob{iga~ you, the hptncaw~r~ or Premier Siding ~ ?tr>nh~ of t'A,1_L.C, Mess it a afros°c~d ht~ yoiu insuraa~~ company and a~;cepted by mi~r S idiom ilk Rontin~ of Prl,~t,LC. By signing this A~~ment, Yuu aWlforiu Premier Sidktg dt Rcxf~tng of PA, LLC to pwsue your best imerests at a price agreeable to the: itraurant~ company aad Protnier Sa?;ng & B otPA, LLC witlrart eery to you txtx~t for yoiu iasv€rnrx desk, supplemetrtal +.^leims bitiod b} Prcrnicr Siding 8: Roofing of PA, l..L(' nn~;roar hebalf a~dappta~d by i~ Y' fra sdd wofitor axtpncm~es withheov>t~ pan o#'this agsacment. Any upgrades of additicxtal work requested lw you aru! not apprcYVCd by your insu:attce company, tvil) he yow fatenei~ respoasibili :and is rxx part of thss a~ectncrtt. iN 134 Cl`N f;SS WHERfi Ol: ~uyats) aerk+~e resciptt of a coiatple;e~ romps at this Agreaeeett car tht c~5, year rv ritte~twve. i/V~'E hive read, u ac#crstffnd, a nil a~ctpt for terms ierhrded ate tt`,t 13reart sad' 6utk"bf tlftr Agreatinent. - ~ ' i ~ ~ ~ Approt^edb~~Goso~rnerun DN'.; t~ I : } 1 O`op. ~ ~ _ _ d ' ~ Apprtnrod b3` t'.ttst«tner on Date'.----- i ! Bv'. . ir»tatut<x Comprvt} C7aiht N~~ p~ . Approveal by Saiesperscrn rm i~te:_ s I 1 Z J ~ c~ A~~ ~ _ Aueeptrd h; ~'remicr Sid~g ~ Roofing of P;a., LLC on Dafie: / f B}~~_ ~ ~ r-- PREMIER SIDING AND ROOFING IN THE COURT OF COMMON PLEAS OF PA, LLC OF CUMBERLAND COUNTY Claimant v. NO: MLD TERM SUSAN M. STUM Owner MECHANIC'S LIEN VERIFICATION I, Peter J. Russo, counsel for Premier Siding and Roofing of PA, LLC, hereby certify that I am familiar with the facts and circumstances in this matter. I am executing this verification on behalf of Melanie Myers, the authorized officer of Premier Siding and Roofing of PA, LLC who is unable and unavailable to execute this verification with an original signature because she is currently in Ohio. I do hereby verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Peter J. Russo, sq Date: ~S ~ 3 0 l 1~ PRE~R $~ttilyC A1~tD ~~G IN 'I'CE (:Ut3~3" ~ CQN !LEAS C~~' FA, LLC ~F G"t1M~E~'tI,ANF1 Gt?~INTY Ctailaaytttt v. l~t+~l' NLL~'f? '1gt w ?7LlSAt'1 171. k7 ~fVy,,~~~,~,, _ ~ i ~ M~+..CBAN~C'S LIEN I, Mimic My+~s, hereby verify that Y am an adult individual; that I anti of Preertier Siding and Roofing of PA, LLC and that Y am authoriux~ to natke this sts~r~rtent on its behtrlf that I have read the f+oregoimg documcnt, and that the facts sa in the ~rr~oiag dc?ctun+ent are true to the hCSt of my k~wl+odgc, or infrnm~on and belief. t Viand that false statrrrtasts herein ere subject to tyre pasalties of i8 Pa. C.S. § 49U4' relating to utrswarn fa~licatiwn to authorities. r Melanie Myers Prcmicr Siding ertti Roofing of PA, LLC emu: PREMIER SIDING AND ROOFING OF PA, LLC, Plaintiff v. SUSAN M. STUM, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY c) -11 NO: 12-5436 MLD TERM c") -n co ";•1:3 • MECHANIC'S LIEN T' cv c:3 —c • • "V NOTICE TO DEFEND AND CLAIM RIGHTS 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PLEAS OF PA, LLC, : OF CUMBERLAND COUNTY Plaintiff v. : NO: 12-5436 MLD TERM SUSAN M. STUM, Defendant TO: Susan M. Stum 1406 Country Road Mechanicsburg, Pa 17055 • : MECHANIC'S LIEN NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a judgment may be entered against you. faces o usso, P.C. 5006 E. Trindle Rd, Suite 20 Mechanicsburg, PA 17050 Peter J. Russo, Esquire Date: Monday, July 14, 2014 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING OF PA, LLC, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v. : NO: 12-5436 MLD TERM SUSAN M. STUM, Defendant : MECHANIC'S LIEN COMPLAINT IN ACTION UPON MECHANICS' LIEN AND NOW COMES Premier Siding and Roofing of PA, LLC. ("Premier Siding"), by its attorneys, Law Offices of Peter J. Russo, P.C., files this Mechanic's Lien Claim, and, in support thereof, avers as follows: 1. Plaintiff, Premier Siding and Roofing of PA, LLC., is a limited liability company and existing under the laws of the Commonwealth of Pennsylvania with a registered business address of 152 South Hanover Street, Carlisle, PA 17013. 2. Defendant, Susan M. Stum is an adult individual with an address of 1406 Country Road, Mechanicsburg, Pa 17055. 3. Defendant is the owner of 1406 Country Road, Mechanicsburg, Pa 17055 ("the Property"). A true and correct copy of the deed to the Property is incorporated herein, made a part hereof, and attached hereto as Exhibit "A". 4. The Property at 1406 Country Road, Mechanicsburg, PA 17055 is also known as tax parcel number 42-27-1896-026. 5. Plaintiff is commencing this action as a contractor under the Mechanic's Lien Law of 1963.49 P.S. § 1101 et seq. 6. On August 30, 2012, Plaintiff filed a Mechanic's Lien with the Cumberland County Prothonotary's Office which was docketed at 12-5436 MLD TERM. A true and correct copy of the Mechanic's Lien filed on August 30, 2012 is incorporated herein, made a part hereof, and attached hereto as Exhibit "B". 7. On September 13, 2012, the Defendant was served with a copy of the filed Mechanic's Lien Claim by Michael Barrick, Cumberland County Deputy Sheriff. A true and correct copy of the Sheriff's Return of Service is incorporated herein, made a part hereof, and attached hereto as Exhibit "C". 8. Defendants have failed to make any further payments in regard to the obligation which is represented by the Mechanics' Lien Claim. 9. The balance due and owing on the Mechanic's Lien Claim is Five Thousand Two Hundred Twenty Four and 55/100 ($5,224.55) Dollars plus costs, interest and attorneys' fees. WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC, claims to have a lien upon the premises herein described in the amount of Five Thousand Two Hundred Twenty Four and 55/100 ($5,224.55) Dollars, plus interest, costs of suit and attorneys' fees as allowable by law. BY: Date: Monday, July 14, 2014 Respectfully submitted, LAWtrFFI'ti J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Attorney for Plaintiff 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorney for Plaintiff EXHIBIT "A" .2366-9e Tfjit‘ A3eeb 'rri'l ?' Oi DEEDS '97 SEP. 2 RP 10 S2 TAX PARCEL NO. 42-27-1896-026 MADE THE a8+11 day of 41.19USi' in the year one thousand nine hundred ninety-seven (1997) BETWEEN CHARLES A. HAYMAN and TERESA R. HAYMAN, his wife, of Mechanicsburg, Pennsylvania, Grantors, AND SUSAN M. STUM, single woman, of Harrisburg, Pennsylvania, Grantee, WITNESSETH, that in consideration of ONE HUNDRED FORTY-FOUR THOUSAND ($144,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the southern side of Country Drive (60 feet wide) at the dividing line between Lot Nos. 2 and 3 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lot Nos. 2 and 3, South 19 degrees 8 minutes 14 seconds West, a distance of 177.14 fcct to a point at line of lands now or formerly of Peter Condon; thence along said lands now or formerly of Peter Condon, North 57 degrees 32 minutes 30 seconds West, a dis- tance of 135.90 feet to an iron pin at corner of lands of the same at the dividing line between Lot Nos. 2 and 1 as shown on the Plan of Lots hereinafter mentioned; thence along said dividing line between Lot Nos. 2 and 1, North 13 degrees 59 minutes 39 seconds East, a distance of 140.46 feet to a point on the southern side of Country Drive, first above mentioned; thence along the southern side of said Country Drive on a curve to the right, having a radius of 1,770 feet, an arc distance of 145 feet to a point on the same, at the dividing line between Lot Nos. 2 and 3 as shown on the Plan of Lots hereinafter mentioned, the point and place of BEGINNING. HAVING THEREON ERECTED a brick and aluminum split level dwelling known as 1406 Country Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to restrictions and conditions as contained in prior deeds of record. iioox 163 ME 826 BEING Lot No. 2 as shown on the Plan of Lots entitled "Country Estates, Section 1", as laid out by David S. Bressler on March 18, 1970 and revised on April 15, 1970, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 16, Page 83. BEING THE SAME PREMISES which John T. hart, Jr. and Diane S. Hart, his wife, by their Deed dated December 22, 1975 and recorded January 6, 1976 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K, Volume 26, Page 146, granted and conveyed unto Charles A. Hayman and Teresa R. Hayman, his wife, Grantors herein. Cumberland County Recorder of Deets Instrument Filing Receietil 1:Z120 InstrR 1997-023669 9/02/1997 Renrks: LEBANON LANK TRANSFER Hill PEED DEED - WRIT TEED - RTT STATE 1440.00 if CRANIUM/ 7:10 0r, LFPER ALLEN 11JP 710.00 IEED - A/H 11,5> Check) 32911 11,463.91' Medi l 32919 01,4 U.i i Total Received 12,903.51: o&ox 163 PACE 827 1 And the said grantors do hereby Warrant Specially the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. 6Igneb. atreateb anb )Ddibereb in the 4lroante of STATE OF f Pl1 COUNTY OF UMU R. a e{vn On this, the aI8 day of 4U5C1a� , 199 7 , before me, the undersigned officer, personally appeared CHARLES A. HAYMAN & TERESA R. HAYMAN, his wife, '' ES A. HAYMAM( TERESA R. HAYMAN known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. STATE OF COUNTY OF On this, the day of officer, personally appeared otary Public I_No!Ati41 2:>:I Mary. Posner, Fhlar,. P, h*c Fturprion Tnr., P el TN:v:1,,� :ci?lyq My Coranisdan Exist 2c; d.;r<. IPO7 MriiR57rHaau;n2ntiiikitt';:air, ,i ;ij:,i , 199, before me, the undersigned known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. (SEAL) Notary Public e00 163 PAGE 828 CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within grantees is: I►ia(p Cow>K 114 17055 Attorney/Agent for COMMONWEALTH OF PENNSYLVANIA : County of (t/o-, % r- )=• SS a,d f� RECORDED on this day of / 5 o e(-'- A. D. 19 `/7 in the Recorder's office of the said County, in Depd Book /6 3 Vol. , Page Given under my hand and the seal of the said office, the date above written. fir• no boos 163 rner 829 Recorder. EXHIBIT "B" LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIF,R SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com rs,,1 PREMIER SIDING AND ROOFING IN THE COURT OF COMMON PLEAS OF PA, LLC OF CUMBERLAND COUNTY Claimant v. NO: /09 MLD TERM SUSAN M. STUM Owner MECHANIC'S LIEN MECHANICS' LIEN CLAIM AND NOW COMES Premier Siding and Roofing of PA, LLC. ("Premier Siding"), by its attorneys, Law Offices of Peter J. Russo, P.C., files this Mechanic's Lien Claim, and, in support thereof, avers as follows: 1. Claimant, Premier Siding and Roofing of PA, LLC. is a limited liability company and existing under the laws of the Commonwealth of Pennsylvania with a registered business address of 152 South Hanover Street, Carlisle, PA 17013. 2. The owner of the property subject to the lien are Susan M. Stum with a principal address of 1406 Country Road, Mechanicsburg, PA 17055. A true and correct copy of the deed to the property subject to the lien is incorporated herein, made a part hereof, and attached hereto as Exhibit A. 3 The property subject to the lien is 1406 Country Road, Mechanicsburg, PA 17055, also known as tax parcel no. 42-27-1896-026. 4. Claimant is filing this claim as a contractor under the Mechanic's Lien Law of 1963.49 P.S. § 1101 et seq. 5. The date on which Claimant completed the work for which this claim is being made was July 20, 2012 which is less than six months from the date of this filing. 6. The amount claimed to be due is $5,224.55. 7. The improvement and property claimed to be subject to the lien is a full roof replacement on the real property located at 1406 Country Road, Mechanicsburg, PA 17055. wherein Claimant whereby to furnish all labor and materials needed to complete a full roof replacement. A true and correct copy of the written proposal is attached hereto and incorporated herein as Exhibit B. 8. WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC claims to have a lien upon the premises herein described in the amount of $5,224.55, plus interest, costs of suit and such other and further relief as the Court may deem appropriate. Date: c( LAW OFFICES OF PETE1rT1USSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Paul D. Edger, Esquire Attorney I.D. No. Attorneys for Plaintiff 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 EXHIBIT A 2J6 P Tb etb .Ef6f P !:Ce of DEEDS !.vI:R1.4u0 Ltwaf-i'G '97 SEP 2 fir) 10 52 TA.( PARCEL NO, 42-27-1896-026 MADE THE a8day of Au5U5+ in the year one thousand nine hundred ninety-seven (1997) BETWEEN CHARLES A. HAYMAN and TERESA R. HAYMAN, his wife, of Mechanicsburg, Pennsylvania, Grantors, AND SUSAN M. STUM, single woman, of Harrisburg, Pennsylvania, Grantee, WITNESSETH, that in consideration of ONE HUNDRED FORTY-FOUR THOUSAND ($144,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Alien, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the southern side of Country Drive (60 feet wide) at thc dividing lint between Lot Nos. 2 and 3 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lot Nos. 2 and 3, South 19 degrees 8 minutes 14 seconds West, a distance of 177.14 feet to a point at line of lands now or formerly of Peter Condon; thence along said lands now or formerly of Peter Condon, North 57 degrees 32 minutes 30 seconds West, a dis- tance of 135.90 feet to an iron pin at comer of lands of the same at the dividing line between Lot Nos. 2 and 1 as shown on the Plan of Lots hereinafter mentioned; thence along said dividing line between Lot Nos. 2 and 1, North 13 degrees 59 minutes 39 seconds East, a distance of 190.96 feet to a point on the southern side of Country Drive, first above mentioned; thence along the southern side of said Country Drive on a curve to the right, having a radius of 1,770 feet, an arc distance of 145 feet to a point on the same, at the dividing line between Lot Nos. 2 and 3 as shown on the Plan of Lots hereinafter mentioned, the point and place of BEGINNING. HAVING THEREON ERECTED a brick and aluminum split level dwelling known as 1406 Country Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to restrictions and conditions as contained in prior deeds of record. BGG\ 163 mu 826 BEING Lot No. 2 as shown on the Plan of Lots entitled 'Country Estates, Section 1', as laid out by David S. Bressler on March 18, 1970 and revised on April 15, 1970, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 16, Page 83. BEING THE SAME PREMISES which John T. Hart, Jr. and Diane S. Hart, his wife, by their Deed dated December 22, 1975 and recorded January 6, 1976 in the Office of the Recorder of Deeds In and for Cumberland County in Deed Book }:, Volume 26, Page 146, granted and conveyed unto Charles A. Hayman and Teresa R. Hayman, his wife, Grantors herein. Cumberland County Recorder of Deeds Tnstruneat Filin3 ReceIPtt 135124 ]nstr8 1991-023669 9/02/1997 10:51G:. Rsiarks: LEBANON 1 18 TRANSFER STIN TEED 11.2TEED - IJRIT 5; TEED - R1T STATE 1448,00 IfEllANICSBDRO 720.01' IFIER ALLEN AHP 716.00 AFD - AM l: Ihtckl 32918 1I,463.SI Uarc111 32919 f1,iN.Oi Total Received 32,903,51; i3 F.WE 827 And the said grantors do hereby Warrant Spec -tally the property hereby conveyed, IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Stotub, Ataldd nob it)tllDeerD In tqt Perrino of 11 4" irri4.1036, ES A. HAYMA TERESA R. HAYMAN STATE OF701 7VUnu4- COUNTY OF audown On this, the d.13 day of tlun�tcs-{' , 1991 , before me, the undersigned officer, personally appeared CHARLES A. HAYMAN & TERESA R. HAYMAN, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF COUNTY OF May.I. FogvEl, Dhlx/ Rick F{trlhn7up, 0ms-':, rurlNy My Casnahsbn 61d'r.2rd.:x Ii'J7 Ntubi,lti, n:l'r.�1iIll:Z.f si...a:l:..G On this, the day of , 199_, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public 63 reef 828 (SEAL) CERTIFICAlle OF RESIDENCE 1 do hereby certify that the precise residence and complete post office address of the within grantees is: 140( C1. ltt '{da_ 0055 COMMONWEALTH 01' PENNSYLVANIA: County of CVm b -e,- 1 J A4torney/AQentfor .SS aid/ I.. RECORDED on this day of 7° A. D. 19 77 in the Recorder's office of tl3e said County, in T1eod Hook /G 3 Vol. / Page Given under my hand and the seal of thesaidoffice, the date above written. ___..lexeked.7 % Recorder. buoh 163 PACE 829 EXHIBIT B 5 ICt �C l/r/t/ G t ;gr. •.-Siding::an-d •RoofinTof .PA; --LLC 152 South Hanover Street, Carlisle, PA, 17013 www.premiersidingroofing.com (717) 609-1971 (OFFICE) INSURANCE RECOVERY AGREEMENT DATE: 6—'47-- ? /7/ Z- CUSTOMER CODE: BUY£R S - a✓: ,,.t 51i.fj� ADDRESS ` /'-t/1/''/'cn CITY::; ilet474/x44frt: n STATE, < :ZIP CODE /70f-5 • HOME PHONE. %/I'/ WORK PHONE This Agreement is subject to lasurauce Company Approval • (Any Continuation of the proposed work and materials description appenring on a separate document shall be incorporated into this Agreement ) R000: 1 Grade'of Shingle: L.'s: Style of Shingle: •%(' » A /( kap, 0 Ridge Material: /ticereL! C: Color ofShinelc:• f) L.4VV. SPItIPICAT IONS • l v1"f/0 ;: Tear Of: _ Yes 1' >' of layers pit, j/ 2 Walkable (Under 6/12) A'Not Walkable (Over 7/12)_ Xl 5 -lb Felt 030 -Ib Felt SIDING:, Brand: /.�C % f+C ' 1 - 8. , Style:_-_c2tdilL-�}�4i 4efr ce C Color. /Erl t Panel Width: €'.d"r:a'/z"fi5"06 V " Panel Profile:. Li Dutchlap S.traightlap i2 Beaded - OTHER: 1...1 Replace G&D's; jf!`5 6" :2 Color./ id - r Jai; x: .Ars,.. lJCS�r1�r Remove & Reinstall G&D's Replace shutters: 0 Louven:d•RaisedPanel d'i 11-i Color. Putti emove & Reinstall Shutters Replace Gable Vent(O/Yes C No Qty. 0 Square i= Round :1 Triangular Color: / ��//�' Special Instructions: -L L e ? LIGl,'1C/' i /i C id /e0/9" -cit .c/S L -ern 1 - /VC Gi /f/';/% Fr N Pe; Pi /; i (?, rze.;e: r.,:4 ;17701ciri^. 77 PAYMENT SCHEDULE All checks isstied'by the insurance and/or Mortgage Company in ' payment for the services provided herein shall list the Customer and Premier Siding & Roofing of PA, LLC as co-pny eti, S, y Pu, 4'i:rig Agreement Amount: ES f,"sY!t;% S . ,.D . . Pe', f;: Ili; . tp� ,. eU v t-7!` upplement: Jarlasti',,i, E�wetlte L&Pwtst: Cva ?...., .. $ ` "3 '150 al ter.,`rl .45, e-Tili?.l Total Contract Price: $ 204'3, W -rt?i. CC,�G1 PLEASE MAKE M.:L CHECKS' PAYABLE TO: PREMIER SIDING & ROOPING OF PA, LLC. Deposit.Due Upon insuranee CAntpany Approval Paid _ �-7 [� 1 Dater /7 2O/ZCK.g 731x8/ / . S (CYC 7 8/. Second Payment Due Upon Delivery Of Material Paid Datc:`7 -.l s -f V CKn f l L J 6\i\ s O. c "+O'v., :: Balance Due Upon Completion. Paid Date: CKk BALANCE--- . S - Acknowledgment All checks isstied'by the insurance and/or Mortgage Company in ' payment for the services provided herein shall list the Customer and Premier Siding & Roofing of PA, LLC as co-pny eti, Custottici°'sInitials \r7-.- PretnicrSiding & Rrwfirrp* of PA, LLC 37037)9 Terms: This Agreement docs not obligate you, the homeowner, or Premier Siding ,& Roeline of PA, LLC, unless itis approved by your insurance company and accepted by Premier Siding & Roofing of PA,'LLC. By signing this Agreement you authorize Premier Siding & Rooting of PA. LLC to pursue your best interests at a price agrncable to the insurance company and Premier Siding & Roane. of PA, LLC without any cost to you cwept for your insurtince deductible, supplemental claims•billed by Prciriicr Siding & Rooting of PA, LLC on-yourbehalf and approved by -your insrirance cornpany foradditional work or cost- increases will -become part of this agreement. Any upgrades or additional work requested by you and not approved by your insurance company, will be your financial responsibili \and is not part of this agreement. . IN vinNESS Wt HERE OFBuycr(s)acknowledgereceipofacnmplctcr�copyoftitisAgreementonthedaya yearryrittcrthove. IAAtihjvcread, understand,and accept the terms included ori the front aria baek'6fthis Agrectnenf. Approved by Customer on Date: '. if -1 / ,f✓� 1 `l Approved by Customer on Date:- Insurance ate: Insurance Conrpruw: Approved by Salesperson on Date: o'' / / f?'/ 2'O/ Accepted by Premier Siding & Roofing of PA,,LLC on Date:_ • , C1ai�rt By,. PREMIER SIDING AND ROOFING OF PA, LLC Claimant v. SUSAN M. STUM Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: MLD TERM MECHANIC'S LIEN VERIFICATION I, Peter J. Russo, counsel for Premier Siding and Roofing of PA, LLC, hereby certify that I am familiar with the facts and circumstances in this matter. I am executing this verification on behalf of Melanie Myers, the authorized officer of Premier Siding and Roofing of PA, LLC who is unable and unavailable to execute this verification with an original signature because she is currently in Ohio. I do hereby verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Peter J. Russo, Esq Date: 15A3 0 t e2 PREMIER SIDING AND ROOl'+TG IN THE COURT OlK COMMON PLEAS OF PA, LLC Claimant v, SUSAN M. STUN Owner OF CUMBERLAND COUNTY NO: MI.II TERM MECHANIC'S LIEN RIFICATION 1, Melanie Myers, hereby verify that I am an adult individual; that I am of Premier Siding and Roofing of PA, LLC and that I am authorized to make this statement on its behalf that I have read the foregoing document, and that the facts set forth in the foregoing document are true to the best of my knowledge, or 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. • Melanie Myers Premier Siding and Roofing of PA, LLC Date: EXHIBIT "C" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY � OFFICE OF itiE SHIRIFF Premier Siding and Roofing of PA, LLC vs. Susan M. Stum Case Number 2012-5436 . SHERIFF'S RETURN OF SERVICE 09/13/2012 06:35 PM - MichaeBarrck, Deputy Sheriff, who being duly sworn according to Iaw, states thaton September 13, 2012 at 1835 hours, he served a true copy of the within Mechanics'Lien Claim, upon the within named defendant, to wit: Susan M. Stum, by making known unto herself personally, at 1406 Country Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personaily the said true and correct copy of the same, SHERIFF COST: $38.45 September 14, 2012 MICHAEL BARRICK, DE / Y SO ANS RS, R ANDERSON, SHERIFF Affirmed and subscribed to before me this day of NOTARY wuoun*miteSheriff, Teleesoft,/nc. PREMIER SIDING AND ROOFING OF PA, LLC, Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY • : NO: 12-5436 MLD TERM SUSAN M. STUM, Defendant MECHANIC'S LIEN /VERIFICATION I, Melanie Myers, hereby verify that i am an adult individual; authorized to execute this verification on behalf of Premier Siding and Roofing of PA, LLC and that I am familiar with the facts in this matter; that I have read the foregoing document; and that the facts set forth in the foregoing document are true to the best of my knowledge, or 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. Melanie Myers Premier Siding and Roofing of PA, LLC Date: Tuesday, June 03, 2014 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso( pjrlaw.com. PREMIER SIDING AND ROOFING OF PA, LLC, Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : NO: 12-5436 MLD TERM SUSAN M. STUM, Defendant : MECHANIC'S LIEN CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: Via Regular U.S. Mail Susan M. Stum 1406 Country Road Mechanicsburg, Pa 17055 THE LAW OFFICES OF PETER J. RUSSO, P.C. Date: Monday, July 14, 2014 r!I � HPRO a, ONOTAR 20I4 AUG -5 PI 2: 25 CUMBERLAND COUNTY PENNSYLVANIA Andrew P. Dollman adollman@ldylaw.com Attorney ID #209466 Latsha Davis & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA . 17050 Tele: (717) 620-2424; Fax: (717) 620-2444 Attorneys for Defendant PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PLEAS OF PA, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 12-5436 MLD TERM • SUSAN M. STUM, Defendant : MECHANIC'S LIEN PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Andrew P. Dollman, Esquire on behalf of Defendant, Susan M. Stum, in the above matter. 459404v1 Respectfully submitted, LATSHA DAVIS & McKENNA, P.C. Dated: August 5, 2014 By: 459404v1 2 Andrew P. Dollman Attorney I.D. No. 209466 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 Tele: (717) 620-2424; Fax: (717) 620-2444 Attorneys for Defendant CERTIFICATE OF SERVICE I, Andrew P. Dollman, Esquire, hereby certify that this date I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the following counsel of record via USPS First -Class Mail, postage prepaid: Dated: August 5, 2014 459404v1 Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 3 Andrew P. Dollman, Esquire 211/4 AUG -$ PH 2: 2 CUMBERLAND COUNTY PENNS YL. VANIA Andrew P. Dollman adollman@ldylaw.com Attorney ID #209466 Latsha Davis & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 Tele: (717) 620-2424; Fax: (717) 620-2444 Attorneys for Defendant PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PLEAS OF PA, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 12-5436 MLD TERM SUSAN M. STUM, Defendant : MECHANIC'S LIEN DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Susan M. Stum, by and through her attorneys, Latsha Davis & McKenna, P.C. , and files her Preliminary. Objections to Plaintiff's Complaint, stating: 1. Plaintiff, Premier Siding and Roofing of PA, LLC, filed this Complaint in Action Upon Mechanics' Lien in this Court on or about July 16, 2014. 2. Defendant received a copy of the Complaint in Action Upon Mechanics' Lien in the U.S. Mail on or about July 16, 2014. 456210v1 Preliminary Objections Pursuant to Pa.R.C.P. 1028(a)(1) 3. Pa.R.C.P. 1028(a)(1) provides: Preliminary objections may be filed by any party through any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint. 4. Service of Complaints in Action Upon Mechanics' Liens are governed by Pa.R.C.P. 1651, et seq. 5. Pa.R.C.P. 1651, although rescinded, contains an official note, which states: "For service of original process, see Rule 400, et seq." 6. Pa.R.C.P. 400(a) states: "Except as provided in subdivisions (b) and (c) and in Rules 400.1 and 1930.4, original process shall be served within the Commonwealth only by the sheriff." 7. None of the exceptions Rule 400(a) apply to this matter. 8. Defendant was provided with a non -time -stamped copy of the Complaint in Action Upon Mechanics' Lien by United States mail, only. 9. Plaintiff failed to serve Defendant with its Complaint in Action Upon Mechanics' Liens by sheriff's service as required by the Pennsylvania Rules of Civil Procedure. 10. Accordingly, Plaintiff's Complaint in Action Upon Mechanics' Liens is in violation of Pa.R.C.P. 1028(a)(1). WHEREFORE, Defendant, Susan M. Stum, respectfully requests that this Honorable Court grant her Preliminary Objection pursuant to Pa.R.C.P. 1028(a)(1) to 2 Plaintiff's Complaint and dismiss Plaintiff's Complaint with prejudice and strike off the underlying Mechanics' Lien. Preliminary Objections Pursuant to Pa.R.C.P. 1028(a)(2) 11. Pa.R.C.P. 1028(a)(2) provides: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds; (2) failure of a pleading to conform to law or rule of court..." 12. Pa.R.C.P. 1019(h) provides: "When any claim or defense is based upon an agreement, the pleadings shall state specifically if the agreement is oral or written". 13. Pa.R.C.P. 1019(i) provides: "When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof..." 14. In this case, based on the underlying Mechanics' Lien, it appears that Plaintiff's claim is based upon a purported written agreement between the parties. 15. However, Plaintiff has failed to plead this in its Complaint in Action Upon Mechanics' Lien. 16. Furthermore, to the extent that a writing upon which Plaintiff's cause of action is based is deemed to be attached to the Complaint by its virtue of being attached to the Mechanics' Lien claim, Plaintiff's action cannot be based upon such a writing because the writing, as attached has been altered substantially. 17. Accordingly, Plaintiff's Complaint in Action Upon Mechanics' Liens is in violation of Pa.R.C.P. 1028(a)(1). 3 18. To the extent such contracts are written, Defendants have failed to attach a copy of such written contract to its Additional Defendant Complaint in violation of Pa.R.C.P. 1019(h)and Pa.R.C.P. 1019(i). WHEREFORE, Defendant, Susan M. Stum, respectfully requests that this Honorable Court grant her Preliminary Objection pursuant to Pa.R.C.P. 1028(a)(2) to Plaintiff's Complaint and dismiss Plaintiff's Complaint with prejudice and strike off the underlying Mechanics' Lien. Preliminary Objections Pursuant to Pa.R.C.P. 1028(a)(4) 19. Pa.R.C.P. 1028(a)(4) provides: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (4) legal insufficiency of a pleading (demurrer);...." 20. In this action, Plaintiff's Mechanics' Lien appears to be premised upon a purported written agreement between the parties. 21. Plaintiff is a registered contractor in the Commonwealth of Pennsylvania, Contractor No. PA069851. 22. As such, Plaintiff is governed by the Home Improvement Consumer Protection Act, 73 P.S. §517.1, et seq. and its provisions regarding the enforceability of home improvement contractor agreements. 23. The purported agreement upon which Plaintiff's Mechanics' Lien is premised does not meet the requirements of 73 P.S. §517.7 and, therefore, is unenforceable against Defendant. 24. Accordingly, Plaintiff's Complaint in Action Upon Mechanics' Lien is based upon an unenforceable mechanics' lien. 4 25. Defendant demurs to Plaintiff's Complaint Action Upon Mechanics' Lien. WHEREFORE, Defendant, Susan M. •Stum, respectfully requests that this Honorable Court grant her Preliminary Objection pursuant to Pa.R.C.P. 1028(a)(4) to Plaintiff's Complaint and dismiss Plaintiff's Complaint with prejudice and strike off the underlying Mechanics' Lien. Respectfully submitted, LATSHA DAVIS & McKENNA, P.C. Dated: August 5, 2014 By: W '� Andrew P. Dollman Attorney I.D. No. 209466 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 Tele: (717) 620-2424; Fax: (717) 620-2444 456210v1 5 Attorneys for Defendant CERTIFICATE OF SERVICE I, Andrew P. Dollman, Esquire, hereby certify that this date I have served a true and correct copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Complaint upon the following counsel of record via USPS First -Class Mail, postage prepaid: Dated: August 5, 2014 456210v1 Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 6 Andrew P. Dollman, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING OF PA, LLC, Plaintiff v. r' EJ O r I C E THE ;RO THCN0 "_ �t-t�i' Zai AUG 25 fll 4: 6 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : NO: 12-5436 MLD TERM • • SUSAN M. STUM, • Defendant : MECHANIC'S LIEN PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW COMES Premier Siding and Roofing of PA, LLC. ("Premier Siding"), by its attorneys, Law Offices of Peter J. Russo, P.C., files this response to Defendant's Preliminary Objections and in support thereof, avers as follows: 1. Admitted in part and denied in part. It is admitted that the Complaint in the above - referenced matter was filed on July 16, 2014, however the matter was commenced on August 30, 2012. 2. Admitted. 3. Denied. The averments contained in paragraph 3 are conclusions of law to which no response is required. 4. Denied. The averments contained in paragraph 4 are conclusions of law to which no response is required. By way of further response, the underlying Mechanics' Lien Claim was filed and service via Sheriff as evidenced by Exhibit C attached to Plaintiff's Complaint. 5. Denied. The averments contained in paragraph 5 are conclusions of law to which no response is required. By way of further response, the original process in the above - captioned matter was served via Sheriff as evidenced by Exhibit C attached to Plaintiff's Complaint. 6. Denied. The averments contained in paragraph 6 are conclusions of law to which no response is required. By way of further response, the original process in the above - captioned matter was served via Sheriff as evidenced by Exhibit C attached to Plaintiff's Complaint. 7. Denied. The averments contained in paragraph 7 are conclusions of law to which no response is required. 8. Admitted. 9. Denied. The averments contained in paragraph 9 are conclusions of law to which no response is required. By way of further response, the original process in the above - captioned matter was served via Sheriff as evidenced by Exhibit C attached to Plaintiff's Complaint. 10. Denied. The averments contained in paragraph 10 are conclusions of law to which no response is required. By way of further response, the original process in the above - captioned matter was served via Sheriff as evidenced by Exhibit C attached to Plaintiff's Complaint. 1 WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC., requests this Honorable Court to dismiss the preliminary objection of Defendant and direct Defendant to file a response within 20 days of the Court's Order. 11. Denied. The averments contained in paragraph 11 are conclusions of law to which no response is required. 12. Denied. The averments contained in paragraph 12 are conclusions of law to which no response is required. 13. Denied. The averments contained in paragraph 13 are conclusions of law to which no response is required. 14. Admitted. 15. Denied. Paragraph 6 of the Complaint refers to the Mechanics' Lien Claim and incorporates it into the Complaint. In the Mechanics' Lien it is clearly stated that the claims are based upon a written agreement, which is also attached thereto. 16. Denied. The averments contained in paragraph 16 are conclusions of law to which no response is required. By way of further response, if any portion of paragraph 15 is deemed to be factual, Plaintiff avers that the exhibit which sets forth the written agreement of the parties has not been substantially altered. 17. Denied. The averments contained in paragraph 17 are conclusions of law to which no response is required. 18. Denied. The averments contained in paragraph 18 are conclusions of law to which no response is required. By way of further response, if any portion of paragraph 18 is deemed to be factual, Plaintiff avers that the exhibit which sets forth the written agreement of the parties is attached to the Complaint and by way of further response, Paragraph 18 of the Complaint refers to the Mechanics' Lien Claim and incorporates it into the Complaint. The Mechanics' Lien Claim also contains a copy of the written agreement. WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC., requests this Honorable Court to dismiss the preliminary objection of Defendant and direct Defendant to file a response within 20 days of the Court's Order. 19. Denied. The averments contained in paragraph 19 are conclusions of law to which no response is required. 20. Admitted. 21. Admitted. 22. Denied. The averments contained in paragraph 22 are conclusions of law to which no response is required. 23. Denied. The averments contained in paragraph 23 are conclusions of law to which no response is required. By way of further response, if any portion of paragraph 23 is deemed to be factual, the Pennsylvania Supreme Court in Shafer Electric & Construction v. Mantia has ruled that a failure to adhere to all of the requirements of 73 P.S. §517.7 will not act to bar recovery. 24. Denied. The averments contained in paragraph 24 are conclusions of law to which no response is required. 25. Denied. The averments contained in paragraph 25 are conclusions of law to which no response is required. 1 WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC., requests this Honorable Court to dismiss the preliminary objection of Defendant and direct Defendant to file a response within 20 days of the Court's Order. R pectfully submitted, Date: Monday, August 25, 2014 LAW O 'T S Peter J. Russo, Esquire Attorney I.D. No. 72897 Attorney for Plaintiff 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorney for Plaintiff VERIFICATION I, Peter J. Russo, attorney for Premier Siding and Roofing of PA, LLC., verify that I am an adult individual; authorized to execute this verification on behalf of Premier Siding and Roofing of PA, LLC., and that I am familiar with the facts in this matter; that I have read the foregoing document; and that the facts set forth in the foregoing document are true to the best of my knowledge, or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Peter J. Russo, Esq. Date: Monday, August 25, 2014 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PLEAS OF PA, LLC, : OF CUMBERLAND COUNTY Plaintiff .• v. : NO: 12-5436 MLD TERM SUSAN M. STUM, • Defendant • MECHANIC'S LIEN CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: Via Regular U.S. Mail Andrew P. Dollman, Esquire 1700 Bent Creek Blvd, Suite 140 Mechanicsburg, Pa 17050 THE L a FICES OF PETER J. RUSSO, P.C. BY: Peter . Russo Date: Monday, August 25, 2014 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Premier Siding and Roofing of PA, LLC VS. Susan M. Stum No. 5436 2012 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Peter J. Russo, Esq. (Name and Address) 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17050 (b) for defendants: Andrew P. Dol!man, Esq. (Name and Address) 1700 Bent Creek Blvd, Suite 140, Mechanicsburg, PA 17050 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 26, 2014 ture S J� i --4c CD Print your name Plaintiff Date: h I I Attorney for (_ 1 ?, 7Sfi i/ d ) 1/ INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ea, v' ADMINISTRATOR (not the Prothonotary) before argument. 3/ oc 7 l 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. PREMIER SIDING AND ROOFING OF PA, LLC, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. STIM, DEFENDANT : 12-5436 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE GUIDO, J. AND MASLAND, J. ORDER OF COURT AND NOW, this 10_ day of September, 2014, upon consideration of the Preliminary Objections filed by Defendant, Susan M. Stum, to the Complaint filed by Plaintiff, Premier Siding and Roofing of PA, LLC, the Plaintiff's response thereto, and argument by the parties, the Preliminary Objection in the form of a demurrer is SUSTAINED as Plaintiff has failed to plead the equitable remedies in its Complaint upon which it relied at argument. Plaintiff is GRANTED twenty (20) days to file an Amended Complaint. e Court, Albert H. Mas and, J. David C. Dagle, Esquire 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 For Plaintiff Andrew P. Dollman, Esquire 1700 Bent Creek Blvd., Suite 140 Mechanicsburg, PA 17050 For Defendant ntbi tEcL 9/3cOy LAW OFFICES OF PETER J. RUSSO, Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com P.C. ,11F THE PROIHON0 1AR PREMIER SIDING AND ROOFING OF PA, LLC, Plaintiff v. SUSAN M. STUM, Defendant 2014 OCT 17 PM 12: 45 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY • • : NO: 12-5436 MLD TERM : MECHANIC'S LIEN NOTICE TO DEFEND AND CLAIM RIGHTS 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS 014 F10E MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO AGIBI E PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LAW (MINCES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PI FAS OF PA, LLC, OF CUMBERLAND COUNTY Plaintiff v. .• NO: 12-5436 MLD TERM SUSAN M. STUM, Defendant MECHANIC'S LIEN NOTICE TO PLEAD TO: Susan M. Stum c/o Andrew P. Dollman, Esquire 1700 Bent Creek Blvd, Suite 140 Mechanicsburg, Pa 17050 You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: Friday, October 17, 2014 ices o e . 5006 E. Trindle Rd, Suite 203 Mechanicsburg, PA 17050 Peter J. Russo, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING OF PA, LLC, Plaintiff v. SUSAN M. STUM, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY • . : NO: 12-5436 MLD TERM : MECHANIC'S LIEN AMENDED COMPLAINT IN ACTION UPON MECHANICS' LIEN AND NOW COMES Premier Siding and Roofing of PA, LLC. ("Premier Siding"), by its attorneys, Law Offices of Peter J. Russo, P.C., files this Mechanic's Lien Claim, and, in support thereof, avers as follows: COUNT I - COMPLAINT IN ACTION UPON MECHANICS' LIEN 1. Plaintiff, Premier Siding and Roofing of PA, LLC., is a limited liability company and existing under the laws of the Commonwealth of Pennsylvania with a registered business address of 152 South Hanover Street, Carlisle, PA 17013. 2. Defendant, Susan M. Stum is an adult individual with an address of 1406 Country Road, Mechanicsburg, Pa 17055. 3. Defendant is the owner of 1406 Country Road, Mechanicsburg, Pa 17055 ("the Property"). A true and correct copy of the deed to the Property is incorporated herein, made a part hereof, and attached hereto as Exhibit "A". 4. The Property at 1406 Country Road, Mechanicsburg, PA 17055 is also known as tax parcel number 42-27-1896-026. 5. Plaintiff is commencing this action as a contractor under the Mechanic's Lien Law of 1963.49 P.S. § 1101 et seq. 6. On August 30, 2012, Plaintiff filed a Mechanic's Lien with the Cumberland County Prothonotary's Office which was docketed at 12-5436 MLD TERM. A true and correct copy of the Mechanic's Lien filed on August 30, 2012 is incorporated herein, made a part hereof, and attached hereto as Exhibit "B". 7. On September 13, 2012, the Defendant was served with a copy of the filed Mechanic's Lien Claim by Michael Barrick, Cumberland County Deputy Sheriff. A true and correct copy of the Sheriff's Return of Service is incorporated herein, made a part hereof, and attached hereto as Exhibit "C". 8. Defendants have failed to make any further payments in regard to the obligation which is represented by the Mechanics' Lien Claim. 9. The balance due and owing on the Mechanic's Lien Claim is Five Thousand Two Hundred Twenty Four and 55/100 ($5,224.55) Dollars plus costs, interest and attorneys' fees. WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC, claims to have a lien upon the premises herein described in the amount of Five Thousand Two Hundred Twenty I Four and 55/100 ($5,224.55) Dollars, plus interest,. costs of suit and attorneys' fees as allowable by law. COUNT II - UNJUST ENRICHMENT/QUANTUM MERUIT (Plead in the Alternative) 10. Plaintiff realleges the averments contained in paragraphs 1 — 9 as though the same where set forth herein in their entirety. 11. In the event the written agreement between the parties is deemed contrary to law, void, or voidable, Plaintiff pleads their claim for unjust enrichment/quantum meruit in the alternative to the relief sought in Count One of this Complaint. 12. A benefit was conferred onto the Defendant as a result of the agreement between the parties. 13. Specifically, Defendant was provided the various services as set forth in the documents attached hereto for improvements to the real property located at 1406 Country Road, Mechanicsburg, PA 17055. 14. Defendant was to pay for the services provided by the Plaintiff. 15. Defendant paid the Plaintiff for some of the services provide but has an unpaid balance of Five Thousand Two Hundred Twenty Four and 55/100 ($5,224.55) Dollars plus costs, interest and attorneys' fees. 16. Notwithstanding the demands of Plaintiff, Defendant has not honored the agreement of the parties and has failed to pay the unpaid balance of Five Thousand Two Hundred Twenty Four and 55/100 ($5,224.55) Dollars plus costs, interest and attorneys' fees. 17. Defendant has had the appreciation of services provided by Plaintiff. 18. Defendant's acceptance and retention of the benefit of those services provided by Plaintiff would be inequitable given Defendant's failure to pay the outstanding balance of Five Thousand Two Hundred Twenty Four and 55/100 ($5,224.55) Dollars plus costs, interest and attorneys' fees. WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC, seeks a judgment in the amount of Five Thousand Two Hundred Twenty Four and 55/100 ($5,224.55) Dollars, plus interest, costs of suit and attorneys' fees as allowable by law. BY: Date: Friday, October 17, 2014 Respectfully submitted, LAW OFFICES Peter J. Russo, Esquire Attorney I.D. No. 72897 Attorney for Plaintiff 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorney for Plaintiff F SO, P.C. VERIFICATION I, Peter J. Russo, attorney for Premier Siding and Roofing of PA, LLC., verify that I am an adult individual; authorized to execute this verification on behalf of Premier Siding and Roofing of PA, LLC., and that I am familiar with the facts in this matter; that I have read the foregoing document; and that the facts set forth in the foregoing document are true to the best of my knowledge, or 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. Date: Friday, October 17, 2014 EXHIBIT "A" 'Orbit $ Cab S!1}ECeit OF I1Fl:D5 M1,1;fi1.,1R;1 COUNTS -PG '97S&. z MI 10 52 TAX PARCEL NO. 42-27-1896-026 MADE T1dR a$o day of 4i49US+ in the year one thousand nine hundred ninety-seven (1997) AZ2WZZM CHARLES A. HAYMAN and TERESA R. HAYMAN, his wife, of Mechanicsburg, Pennsylvania, Grantors, AND SUSAN M. STUM, single woman, of Harrisburg, Pennsylvania, Grantee, WPTNZSSZTJI, that in consideration of ONE HUNDRED FORTY-FOUR THOUSAND $144,000.00) Dollars, in hand paid, the receipt whereof ie hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and de- scribed as follows. to wit: BEGINNING at a point on the southern side of Country Drive (60 feet wide) at the dividing line between Lot Nos. 2 and 3 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lot Nos. 2 and 3, South 19 degrees 8 minutes 14 seconds West, a distance of 177.14 feet to a point at line of lands now or formerly of Peter Condon; thence along said lands now or formerly of Peter Condon, North 57 degrees 32 minutes 30 seconds West, a dis- tance of 135.90 feet to an iron pin at corner of lands of the same at the dividing line between Lot Nos. 2 and 1 as shown on the Plan of Lots hereinafl:er mentioned; thence along said dividing line between Lot Nos. 2 and 1, North 13 degrees 59 minutes 39 seconds East, a distance of 140.46 feet to a point on the southern side of Country Driest, first above mentioned; thence along the southern side of said Country Drive on a curve to the right, having a radius of 1,770 feet, an arc distance of 145 feet to a point on the same, at the dividing line between Lot Nos. 2 and 3 as shown on the Plan of Lots hereinafter mentioned, the point and place of BEGINNING. HAVING THEREON ERECTED a brick and aluminum split level dwelling known as 1406 Country Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to restrictions and conditions as contained in prior deeds of record. box 163 nu 826 BEING Lot No. 2 as shown on the Nan of Lots entitled 'Country Estates, Section 1', as laid out by David S. Bressler on March 18, 1970 and revised on April 15, 1970, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 16, Page 83. BEING THE SAME PREMISES which John T. Hart, Jr. and Diane S. Hart, his wife, by their Deed dated December 22, 1975 and recorded January 6, 1976 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book F:, Volume 26, Page 146, granted and conveyed unto Charles A. Hayman and Teresa R. Hayman, his wife, Grantors herein. BOOX 183 PAGE 827 Cuaberlend Cauntv Recorder of Deis Instrument Mins ReceI tl 135120 instrl 199T-023669 9/07/1997 101531;. ReilrksI LEBANON IABD TRANSFER SPIT TEM 11.Tr' TEED - URIT TEED - RIT STATE 1440,00 ItCHANIf.888RO 73).0n IFPER ALIEN ilP 7d1AG TEED - A/II Sl lheckl 31918 11,46340 Nail 32919 $1, 444.0 Total Received....... 12,903.51 And the said grantors do hereby Warrant Specially the property hereby conveyed. IN WITNESS WHEREOF, said grantors have: hereunto set their hands and seals the day and year fust above written. Sleneb, ,6etleD an! iDdiberee In tke Frerente et STATE OF Q11fk5hUAAti Ar COUNTY (� Ujekiri I On this, the a8 day of QUSr , 199, before me, the undersigned officer, personally appeared CHARLES A. HAYMAN & TERESA R. HAYMAN, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF COUNTY OF 11) otary Public NomSM QaN May.t Foch War/. FN,Hc Ftmp:r,nTwp., am,rr:0M rx:mt nya,mm ,F. ;4,;11.;x.507 irliEirPialirXiarAliaTaiib in.. xi On this, the day of , 199_, before me, the undersigned officer, personalty appeared known to Inc (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. (SEAL) Notary Public FM 163 PACE 828 CZRTri7CAT.@ OF RESIDENCE I do hereby certify that the precise residence and complete poet office address of the within grantees is: ` ttch,Olnu.ed/w+.q , `�Q 17055 At e:my/Agent for COMMONWEALTH OF PENNSYLVANIA: County of Ct.w. % }. )' 1 RECORDED on this SS a d day of fd.h 1.. A. D. 19 `/ 7 in the Recorder's office of the said County, in Deed Book /6 Vol. , Palle Given under my hand and the seal of the said office, the date above written. ‘1,4414e..r Recorder, bbon 163 PACE 829 EXHIBIT "B" LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pirlaw.com N -1 a -s r - ca o --I c7 c5 IN) .....>I rn tryC7 .D PREMIER SIDING AND ROOFING IN THE COURT OF COMMON PLEAS OF PA, LLC OF CUMBERLAND COUNTY Claimant v. SUSAN M. STUM Owner NO: /9_I3, MLD TERM MECHANIC'S LIEN MECHANICS' LIEN CLAIM AND NOW COMES Premier Siding and Roofing of PA, LLC. ("Premier Siding"), by its attorneys, Law Offices of Peter J. Russo, P.C., files this Mechanic's Lien Claim, and, in support thereof, avers as follows: 1. Claimant, Premier Siding and Roofing of PA, LLC. is a limited liability company and existing under the laws of the Commonwealth of Pennsylvania with a registered business address of 152 South Hanover Street, Carlisle, PA 17013. 2. The owner of the property subject to the lien are Susan M. Stum with a principal address of 1406 Country Road, Mechanicsburg, PA 17055. A true and correct copy of the deed to the property subject to the lien is incorporated herein, made a part hereof, and attached hereto as Exhibit A. 3. The property subject to the lien is 1406 Country Road, Mechanicsburg, PA 17055, also known as tax parcel no. 42-27-1896-026. 4. Claimant is filing this claim as a contractor under the Mechanic's Lien Law of 1963.49 P.S. § 1101 et seq. 5. The date on which Claimant completed the work for which this claim is being made was July 20, 2012 which is less than six months from the date of this filing. 6. The amount claimed to be due is $5,224.55. 7. The improvement and property claimed to be subject to the lien is a full roof replacement on the real property located at 1406 Country Road, Mechanicsburg, PA 17055. wherein Claimant whereby to furnish all labor and materials needed to complete a full roof replacement. A true and correct copy of the written proposal is attached hereto and incorporated herein as Exhibit B. 8. WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC claims to have a lien upon the premises herein described in the amount of $5,224.55, plus interest, costs of suit and such other and further relief as the Court may deem appropriate. Date: `6 f 3 v .� miffed, LAW OFFICES OF . RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Paul D. Edger, Esquire Attorney I.D. No. Attorneys for Plaintiff 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 EXHIBIT A 236t;9P . ,.,i 10...0 ,. . . ijj )f= eta "::F.fit n ll'tiI.LR C91i0FR Of HEEDS �.1 t•�Irt111.1fIH CCUIIT1-P4 's? SEP . z RR 10 52 TAX PARCEL NO. 42.27-1896-026 MADE 1715 oi8 day of /lt,egUSi- in the year one thousand nine hundred niniityseven (1997) 81C7WZXN CHARLES h. HAYMAN and TERESA R. HAYMAN, his wife, of Mechanicsburg, Pennsylvania, Grantors, SUSAN M. STUM, single woman, of Harrisburg, Pennsylvania, Grantee, td/17RESSRTE, that in consideration of ONE HUNDRED FORTY-FOUR THOUSAND .--($144,000.00)-- in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the southern aide of Country Drive (60 feet wide) at the dividing lino between Lot Nos. 2 and 3 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lot Noe. 2 and 3, South 19 degrees 8 minutes 14 seconds Weat, a distance of 177.14 feet to a point at line of lands now or formerly of Peter Condon; thence along said lands now or formerly of Peter Condon, North 57 degrees 32 minutes 30 secunda Weat, a dia. tante 01135.90 feet to an iron pin at comer of lands of the same at the dividing line between Lot Nos. 2 and 1 as shown on the Plan of Lots hereinafter mentioned; thence along said dividing line between Lot Noe. 2 and 1, North 13 degrees 59 minutes 39 ascends East, a distance of 140.46 feet to a point on the southern aide of Country Drive, first above mentioned; thence along tho southern side of said Country Drive on a curve to the right, having a radius of 1,770 feet, an arc distance of 145 feet to a point on the name, at the dividing line between Lot Nos. 2 and 3 as shown on the Plan of Lots hereinafter mentioned, the point and place of BEGINNING. HAVING THEREON ERECTED a brick and aluminum split level dwelling known as 1406 Country Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to restrictions and conditions as contained in prior deeds of record. Each 163 MGC 826 ...,....._.r.,,......... , - . ,...,.r-...,. . . BEINQ Lot No. 2 as shown on the Plan of Lots entitled 'Country Estates, Section 1', as laid out by David S. Bressler on March 18, 1970 and revised on April 15, 1970, recorded in the Office of the Recorder of Deeds In and for Cumberland 'County, Pennsylvania, In Plan Book 16, Page 83. BEING THE SAME PREMISES which John T. Hart, Jr. and Diane S. Hart, his wife, by their Deed dated December 22, 1975 and recorded January 6, 1976 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K, Volume 26, Page 146, granted and conveyed unto Charles A. Hayman and Teresa R. Hayman, his wife, Grantors herein. curberlaad Ceuntr Recorder of Deeds Instrwieet Filing Receletl 135120 Instrf 1997-023669 9/02!1997 10 534« Ibaarkst UB(IMDH LARD TRt0SFER 51111 TEED 11.54 IUD - MIT TEED - RIT STATE.54 1440.00 IECRARICSDURO 9 ,00 MED - ALIBI 1111' MO Ihtctl 3291814.5:• Cbrddl 32919 11,463.110 Total Received 11.430.5: 12,903.56 900K 163 MU 827 ...41•41.• .0..0 .. . .., , . ,. .. • I.. . , r...... . And the said grantors do hereby Warrant Specially the property hereby conveyed. IN WITNESS WIZREOT, said grantors have hereunto set their hands and seals the day and year first above written. Silaeel, Bolsi rul;kllberel In 104100ee1 el 144.3utu STATS OF VAnl42.. COUNTYOF I (well On this, the 28 day or titr4uST , 1993.,, before me, the undersigned officer, personally appeared CHARLES A. HAYMAN & TERESA R. HAYMAN, his wife, known to mo (or satisfactorily proven) to be the persona whose names ere subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHICREOF, 1 hereunto set my hand and official seal. STATE OF COUNTY OF On this, the day of officer, personally appeared rhL7ee 8uY klay..FolucrbwrffRMp ram 50029/. ix fro? 1inEir,/i.niiki ,Inliig1in o , 199_, before me, the undersigned known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within Instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WIT RSOT,1 hereunto set my hand er,d official seal. Notary Public gog 163 race 828 (SEAL) ••••••••..... . • CSATIPICATS OF RTSID2NCX I do hereby certI1' that the precise residence and complete post office address of the within grantees is: 106ct4&10t, -Itch .10a. 17055 COMWONIVICALTH Or MOISYLVANL4: county of CL•rn 13.s. )*•1 • SS WO 163 PACE 829 EXHIBIT B Arivi Claim 152 South 1-laninienStteat'eariltle PA 17011 Svianir,p*dersidingi0Ofing.COM (717)'6094971'(OFFICE)-'.: itrtjgANc4.4pov.gRy49R4Nw.NT • PATE:6-- f- 7 /7/1, • ' CUSTOMERCODE: • . • EithSA($)!'4- fit" • • • • • .• • ; . *. •••• 'i,StAtWt41P:CODEj7.0.r571:' , • • ' (Any Continuation ofthelproposed work and materials description appearing on separate document shall incorporated into thisAgreement.) •• • ' . . . . . . .• . 0 Style of:Shingle: .0 ' rs •' , . C. Tear • Yea CA Walkable ( nder'6/12)". ot Wallcable (Ova is; ". • 05-1b,61i 030711? felt. : , • SIDING: A 0 Brand:: 41.e..? AV/p./5 os 01.0 tiom 0 Color._,Ca.rejztar Panel Width:114"r 4 V: " C6 " Pan01"Pl'otilq;.Q Plltei1#P.0.g*toini)9ppus0,,, : '• „ •,. ,.....PAYMENT„SCITEDUILE • • -1. '0... Agreement Amount rce=20e . • ."!'" • • • • " , .• - • •••.` s'.. • • ••• •• • ••• • •• - • ' ' Cl Replace MEDI: 0.57 CI 6" 0 Color:Matti/ ejtemove 8 Reinstall G&D's • : :••• . • • • / 74". - ; • Total colitaat $ 201/111, N Conexyli PLEASE hiAKt ALL CHECKS PAYAI3LE TO: • PitElgA4SIPINO & ROOFING GRPA, LLC. Deposit:Me:Upon hisuiance Company ApPrOval, , . . . . , Paid .:41figi'74' •• Second Payment Due.Upon.Dcliveiy Of Malarial, .• .bateivi Balance Dui Uponleompletion,r : • FAtentovc & Rein&a11.51tattgrs : . k'itepiaco pable-V.fingseYci b No Qty. 0 Square: 13 lionnd 0•Triangular Color: :.! t%/ci,/C ar/e7.., 4, • : • ALIZSIO2rdiEML.. r ....„,.. ...„,..., ....,....:.,„; . , ::..:.::..::.::Acknowledgment':. .:Acknowledgment' :,- ...,., -....... ..;..,..... . ....... • - . .. . . . . . , .. • ... ...-4":..0All: Cheeks' iSitiediSy.thiiiiiitraniMiind/Ofkilorigage Company .,pa*ent.foi.tha sar.yio0a....provided..heivin shall. listthe k:us Pimnier.Siding & ROofing of PA*, I.LC. as co -pa .. . . ' in. inetand . s,. -''''.'”: • ' C.uatOinePtlattials .!...'..:.... .:..:... .......,............ .:.,. . • .-e. i i4iiii6.: r iiiiii.s;.iii;dng .iii,ila' ....:,............. ..... ........... Terms: This Agreement docs not nbligate you, the,homeowner, of..Pc..amiar 514410 ..goopg insturinee.companyand accepted by Premier Siding &.ROotiag Ott PA,iLC. BY signing thie 4ieroini; yOdaiatioikOPiatnier Siding& Rooting cif PA, LLC to,pursiMyoorbest intcreati ata price agreeable to the insurance company y.444: cxccptlbr ur insuran� deductibia supplenicntal 1aims bittcd byPuincr Siding & Roofing of PA-,--11.00myouribehalf and iapproved by yuur insdrancc company for addmtional work or cost tncrcases iN bedomb.part 'Otitis:agreement. :Any upgrades of additional work requested by yon and run approvedby your hinge:nix Company;leilllie your tinanelal respOnsibili and isgrit jAart OM* agreement. 1: IN Wil'NESS '..W11pE Boyer(s) actcnow,ledge reeelptopt ectiOnletkeolif sgreP*Pot !•ke.,d4$,,,o year h ve read understand and ua 1„ 111) accept the tains' inehideti an the Mint and batrbftlili:AgOeciient.'".` Approved by Customer on Date: V' /1".1 / / 6"5'‹. " /By: Approved by ofsidtici. 06: ? •••• f • Approved by Salesperson on Date: / if Accepted by Prettier Siding 4 Roofing prPA, 1# on / • • • : By: PREMIER SIDING AND ROOFING IN THE COURT OF COMMON PLEAS OF PA, LLC OF CUMBERLAND COUNTY Claimant v. NO: MLD TERM SUSAN M. STUM Owner MECHANIC'S LIEN VERIFICATION I, Peter J. Russo, counsel for Premier Siding and Roofing of PA, LLC, hereby certify that I am familiar with the facts and circumstances in this matter. I am executing this verification on behalf of Melanie Myers, the authorized officer of Premier Siding and Roofmg of PA, LLC who is unable and unavailable to execute this verification with an original signature because she is currently in Ohio. I do hereby verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. CW Peter Date: tS 13 0 l t a SIDING AND R FING 6 N THE COURT OF COM ON.. OF P Claimant M lartie . ,Myers; heir by; :v rift' :that . i am :' an :adult individual; that of Premter Siding attd Roofing of PA, LLC and that I am authorized to ittake this statement +on;its behalf havezead the foregoing document, and that the facts set forth in fhe,foregoi�tltctuste�tt are true my,., . age, �' tmatton to tit sol' i understand that false statements herein etc made subject to tl p sties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Melanie Myers Premier Siding and Roofing g£PA,1 1 EXHIBIT "C" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ow of CuruGrry/IV`4 OFFICE OF THE $kERIFF Premier Siding and Roofing of PA, LLC Case Number vs. Susan M. Stum 2012-5436 SHERIFF'S RETURN OF SERVICE 09/13/2012 06:35 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 13, 2012 at 1835 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Susan M. Stum, by making known unto herself personally, at 1406 Country. Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHAEL BARRICK, DE • U SHERIFF COST: $38.45 SOAN RS, September 14, 2012 Affirmed and subscribed to before me this R ANDERSON, SHERIFF NOTARY day of (C) CountySute Shea. loteason. Iee LAW 014NCES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PLEAS OF PA, LLC, : OF CUMBERLAND COUNTY Plaintiff v. : NO: 12-5436 MLD TERM SUSAN M. STUM, Defendant : MECHANIC'S LIEN CER11141CATE OF SERVICE I, Peter J. Russo, hereby certify that I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: Via Regular U.S. Mail Andrew P. Millman, Esquire 1700 Bent Creek Blvd, Suite 140 Mechanicsburg, Pa 17050 THE LAW OFFICES OF PETER J. RUSSO, P.C. BY: Date: Friday, October 17, 2014 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PLEAS OF PA, LLC, : OF CUMBERLAND COUNTY Plaintiff v. : NO: 12-5436 MLD TERM SUSAN M. STUM,• Defendant : MECHANIC'S LIEN PRAECIPE TO AMEND TO THE PROTHONOTARY: Kindly amend the Amended Complaint in Action Upon Mechanics' Lien filed on October 17, 2014 by adding the attached Verification signed by Plaintiff. Respectfully subm BY: LAW OFFIC OF PETE ' . ' • Peter J. Russo, Esquire Attorney I.D. No. 72897 Attorney for Plaintiff 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorney for Plaintiff Date: Friday, November 14, 2014 0, P.C. PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PLEAS OF PA, LLC, : OF CUMBERLAND COUNTY Plaintiff v. : NO: 12-5436 MLD TERM SUSAN M. STUM, Defendant : MECHANIC'S LIEN VERIFICATION I, Melanie Myers, hereby verify that I am an adult individual; authorized to execute this verification on behalf of Premier Siding and Roofing of PA, LLC and that I am familiar with the facts in this matter; that I have read the foregoing document; and that the facts set forth in the foregoing document are true to the best of my knowledge, or 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. Melanie Myers' Premier Siding and Roofing of PA, LLC Date: 11.11-ly LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com PREMIER SIDING AND ROOFING : IN THE COURT OF COMMON PLEAS OF PA, LLC, : OF CUMBERLAND COUNTY Plaintiff v. NO: 12-5436 MLD TERM SUSAN M. STUM, Defendant : MECHANIC'S LIEN CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: Via Regular U.S. Mail Andrew P. Dollman, Esquire 1700 Bent Creek Blvd, Suite 140 Mechanicsburg, Pa 17050 THE LAW OFFICES OF PETER J. RUSSO, P.C. BY: Date: Friday, November 14, 2014 J1iAr " AshleAJ Mal&ol, Para ega