HomeMy WebLinkAbout12-7253Daniel E. Kane, Esquire ~ , . , . ,_ . F -' a - ~_ Attorneys for Subcontractor
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Edmond R. Shinn Esquire
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1841 Norristown Road, Suite 200 ` '
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Maple Glen, PA 19002
Telephone: (877) 455-552
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
DANIIL GULYAK d/b/a COURT TERM AND NO.: ~ -~d~s`~
GULYAK CONSTRUCTION
Plaintiff
vs.
MIKE DIBERT d/b/a THE CLEAN-UP
CREW, NEW CUMBERLAND
COMFORT INN HOTEL/ COMFORT
INN -NEW CUMBERLAND/
COMFORT INN NEW CUMBERLAND
PA, BAS ASSOCIATES, and
KISHOR and AARTI SHETH OR
COMPANY OWNER/MANAGER
Defendants
MECHANICS' LIEN CLAIM
The name of the claimant is Daniil Gulyak, doing business as Gulyak Construction.
2. The name of the owner (or reputed owner) is New Cumberland Comfort Inn Hotel, also
known as Comfort Inn -New Cumberland, and Comfort Inn New Cumberland, PA, hereinafter
collectively referred to as ("Comfort Inn"), is upon information and belief, a corporation with a
~~ sa~.so~d athl
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business address of 130 Limekiln Road, New Cumberland, Pennsylvania 17070. Kishor and
Aarti Sheth, are upon information and belief, individuals who own BAS Associates and the
Comfort Inn, with a current address of 1425 Stone Ridge Road, Sinking Spring, Pennsylvania
19608.
3. The claimant contracted with The Clean-Up Crew ("contractor"), who contracted directly
with the owner.
4. The materials hereinafter referred to were furnished pursuant to an oral contract entered
into with contractor at some point prior to the 23 day of April 2012, wherein the claimant agreed to
furnish certain materials, an itemized statement of which is attached as Exhibit "A" and the contractor
agreed to pay for each item the price set forth in Exhibit "A."
5. The materials were furnished in and about the demolition, erection, construction and
renovation of hotel rooms within the Comfort Inn at 130 Limekiln Road, New Cumberland, Pennsylvania,
17070.
6. The nature and kind of materials furnished were labor, equipment, and commonly used
construction materials (e.g., lumber).
7. The amount claimed to be still due and chargeable against the property is $19,894.00, being
the agreed-on contract price less $5,550.00. The claimant has no note or other collateral security for his
claim.
8. The last materials were furnished by the claimant on June 6, 2012.
9. Written notice of the intention to file this claim was duly served on the owner, BAS
Associates on September 13, 2012, by U.S. Certified Mail, return receipt requested at his residence at
1425 Stone Ridge Road, Sinking Spring, Pennsylvania, 19608. Written notice of the intention to file this
claim was also duly served on Kishor Sheth on September 07, 2012, by U.S. Certified Mail, return receipt
requested at at the Comfort Inn, located at 130 Limekiln Road, New Cumberland, Pennsylvania 17070.
0. This lien is claimed from April 23, 2012, when the first visible work commenced, and
against the fee simple interest of the owner in the property.
Dated: November 26, 2012
KAN LAW , LLC
Daniel E. Kane, Esquire
Edmond R. Shinn, Esquire
Attorneys for Subcontractor
VERIFICATION
I, Daniil Gulyak, as sole principle for Gulyak Construction, am authorized to make this
statement and verification on behalf of the company in support of this Mechanic's Lien.
The statements set forth therein are true and correct to the best of my personal knowledge,
information, and belief. I state under penalty of perjury that the foregoing is true and
correct. This statement and verification is subject to the penalties of Title 28 § 1746
relating to unsworn falsification to authorities.
GULYAK CONSTRUCTION
.-- ,
__...-- i
niil Galyak, Principle
Dated: November ~, 2012
EXHIBIT "A"
11.1.2012
Jab agreement between Daniil Gulyak and Mike Dibert
1-st 5 rooms
1. Bathroom tub $50 $250
2. Granite $150 $750
3. Tub surround $100 $500
4. Tub plumbing $25 $125
2-nd 5 rooms
1. Demolition
2. Frame closet wall
3. Patching walls
4. Knockdown texture prime and paint 2 tone color walls
5. Tub
6. Tub surround
7. Toilet Installation
8. Granite installation vanity, 2 shelves, window seal
9. Tile floor installation
10. Tub plumbing
Each room $1545
Total for 2-nd 5 rooms $7725
Extra $875 for patching electrical cut offs in wails for 2-nd 5 rooms.
Extra $300 for wiring front door entrance lights on 6.4.2012
Total a $8600
Daniil Gulyak ~ _ ~l ~ :a20/off
Date 11:1.2012
Hourly rate agreement between Daniil Gulyak and Mike Dibert
Date Hourly Total
Name Working Hours Rate Amount
Alex Apr 23 to May 13 157 h $15 $2355
Ganchenko May 16 to May 61 h $915
26
U rly Apr 23 to May13 167h $10 $1670
Kostalomov May 16 to June 1 88.30h $885
Sergey May 21 to June 1 75.30h $15 $1135.50
Guleak
Dimitry May 21 to Junei 92h $10 $920
Guleak
John May 14 to 102h $10 $1020
Malanchuk May 2s
Edward May 17 to 81h $i5 $1215
Malanchuk May 26
Sergey May 23 to 52h $15 $787
Malanchuk June 1
Daniil Apr 23 to May 13 157h $20 $3140
Gulyak ~'y 23 to June 1 44h $880
Alex Ganchenko ~~ / 7 l.C.~
Uriy Kostalomov ~ _ ~~
Sergey Guleak
Dimitry Guleak
John Malanchuk << ^ ~ ~ ~~~
Edvard Malanchuk ~ "~ ~l- ~ -~~
Sergey Malanchuk
Daniil Gulyak I/ ~A~at'f,
Y/
PRAECIPE FOR L TING CAE /OR 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 Z7
(entire caption must be stated in full) rq OU C-- -
Daniii Gulyak d/b/a Gulyak Construction may. a k W.
vs. C: ;
. C?)
Mike Dibert d/b/a The Clean-Up Crew, New I :y? n'
No. 7253 2012 firm
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant's Preliminary Objections -
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Bergman & Kane, PLLC, 1841 Norristown Road, Ste. 200, Maple Glen, PA 19002
(Name and Address)
(counsel for all Plaintiffs)
(b) for defendants:
The Law Offices of Julie D. Lathia, 212 West Gay Street, West Chester, PA 19380
(Name and Address)
(counsel for all Defendants except Mike Dibert d/b/a The Clean-Up Crew)
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
'Fty_?.
Si a re
Print your name
All Defendants except Mike Dibert dVa The Clean-Up Crew
Date: January 24, 2013
Attorney for
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
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.
DANIIL GULYAK d/b/a GULYAK
CONSTRUCTION,
Plaintiff
V. IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
MIKE DIBERT d/bla THE CLEAN-UP
CREW, NEW CUMBERLAND
COMFORT INN HOTEUCOMFORT
INN--NEW CUMBERLAND/ COMFORT 2012-07253 CIVIL TERM
INN NEW CUMBERLAND PA, BAS
ASSOCIATES AND KISHOR AND
AARTI SHETH OR COMPANY
OWNER/MANAGER,
Defendants MECHANICS' LIEN
IN RE: DEFENDANTS' NEW CUMBERLAND COMFORT INN HOTEL/COMFORT INN
—NEW CUM13ERLANDICOMFORT INN NEW CUMBERLAND PA, BAS ASSOCIATES
AND KISHOR AND AARTI SHETH'S MOTION TO AMEND ITS POEL WARY
OBJECTIONS TO PLAINTIFF'S MECHANICS LIEN I
ORDER OF COURT
AND NOW, this 1ST'day of March 2013, upon consideration of Defendants'
Motion to Amend Its Preliminary Objections to Plaintiff's Mechanics [sic] Lien, a RULE is
issued upon Plaintiff to show cause why the relief requested should not be granted.
DEFENDANTS shall effectuate service of this Order of Court upon Plaintiff. A
motion to make rule absolute will not be entertained until proof of service is filed.
RULE RETURNABLE twenty(20) days from the date of service by Defendants.
BY T
ThorVat A. Piacey C.P.J.
Distribution:
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Julie D. Lathia, Esq. �� W —+
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if Daniel Kane, Esq. Znr- �cp
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Michael Dibert r n-
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THE LAW OFFICES OF JULIE D. LATHIA Attorney for Defendants
Julie D. Lathia, Esquire New Cumberland Comfort
Attorney ID No.: 208407 Inn Hotel/Comfort Inn_New
212 West Gay Street Cumberland/Comfort Inn
West Chester, PA 19380 New Cumberland, PA, BAS
(717) 940-4881 Associates and Kishor and
Aarti Sheth
Daniil Gulyak d/b/a Gulyak Construction
Plaintiff, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
Mike Dibert d/b/a The Clean-Up Crew,
New Cumberland Comfort Inn Hotel/ CIVIL ACTION NO. 12-7253-MD
Comfort Inn New Cumberland/Comfort
Inn New Cumberland PA, BAS Associates
And Kishor and Aarti Sheth or Company
Owner/Manager w
Defendants.
DEFENDANTS' NEW CUMBERLAND
COMFORT INN HOTEL/COMFORT INN_NEW _
CUMBERLAND/COMFORT INN NEW CUMBERLAND PA,
BAS ASSOCIATES AND KISHOR AND AARTI SHETH'S X_ 3
STIPULATED AMENDED PRELIMINARY OBJECTIONS TO co
PLAINTIFF'S MECHANICS LIEN
Pursuant to Rule 1028(a) of the Pennsylvania Rules of Civil Procedure and 49 P.S.
§1505, Defendants New Cumberland Comfort Inn Hotel/Comfort Inn New
Cumberland/Comfort Inn New Cumberland PA, BAS Associates and Kishor and Aarti Sheth
(collectively referred to as "Objecting Defendants"), by and through their undersigned counsel,
hereby file the within Amended Preliminary Objections to Plaintiff Daniil Gulyak d/b/a Gulyak
Construction's ("Plaintiff')Mechanics' Lien Claim and in support thereof states as follows:
I. PROCEDURAL BACKGROUND
1. Plaintiff filed a Mechanic's Lien against Objecting Defendants and Defendant
Mike Dibert d/b/a The Clean-Up Crew on November 30, 2012 relating to work Plaintiff
performed on the New Cumberland Comfort Inn Hotel located at 130 Limekiln Road,New
Cumberland, PA 17070. A true and correct copy of the Lien is attached hereto as Exhibit"A."
2. Plaintiff sought to reinstate the Lien on December 18, 2012. A true and correct
copy of the filed Praecipe to Reinstate is attached hereto as Exhibit"B."
3. Plaintiff attempted to serve Objecting Defendants on January 18, 2013 by first-
class and certified mail, indicting in its letter to Objecting Defendants that"[r]eceipt of this letter
serves as notice to you." A true and correct copy of the January 18, 2013 letter is attached hereto
as Exhibit"C."
4. Objecting Defendants received the letter and attached Lien on January 22, 2013.
5. Objecting Defendants thereafter filed Preliminary Objections to the Lien on
January 28, 2013 as permitted by 49 P.S. §1505.
6. On February 6, 2013, Plaintiff filed Preliminary Objections to Moving
Defendants' Preliminary Objections relative to Moving Defendants' failure to include a Notice to
Plead form as required by Pa. R. Civ. P. 1026.
7. Objecting Defendants sought to cure its deficient Preliminary Objections by filing
a Motion to Amend its Preliminary Objections on February 20, 2013.
8. On March 15, 2013, the Court issued a Rule upon Plaintiff to show cause why
Objecting Defendants' Motion to Amend its Preliminary Objections should not be amended.
Objecting Defendants served Plaintiff with a copy of the Rule on March 25, 2013. A true and
correct copy of the email showing service is attached hereto as Exhibit"D."
9. Objecting Defendants now file the within Stipulated Preliminary Objections to
Plaintiff's Mechanic's Lien Claim, as per the stipulation attached hereto as Exhibit"E."
II. PRELIMINARY OBJECTIONS
A. Demurrer to Claimant's Mechanics' Lien Claim:
i. Plaintiffs Lien Should Be Stricken Because the Lien Does Not Provide an
Adequate Description of the Property in Violation of 49 P.S. 41503(8).
10. In its Lien, Plaintiff identifies that the materials it furnished were for the
"demolition, erection, construction and renovation of hotel rooms within the Comfort Inn at 130
Limekiln Road,New Cumberland, Pennsylvania, 17070." See Exhibit"A."
11. Plaintiff fails to provide such a"description of the . . . property claimed to be
subject to the lien as may be reasonably necessary to identify" it as required by 49 P.S. §1503(8).
In fact, Plaintiff fails to identify the property upon which it seeks to file a lien or describe said
property at all.
12. Plaintiff s Mechanic's Lien Claim should therefore be stricken with prejudice as
being in violation of 49 P.S. §1503(8).
ii. Plaintiffs Lien Should Be Stricken With Preiudice Because the Lien was
Not Properly Served Violation of 49 P.S. 41502(a)(2) and 49 P.S. &1502(c).
13. Plaintiff purportedly served Objecting Defendants with a copy of the Lien by
first-class and certified mail. See Exhibit"C."
14. Objecting Defendants received a copy of the Lien on January 22, 2013, which is
fifty-three (53) calendar days after it was originally filed with the Prothonotary and thirty-five
(35) calendar days after it was reinstated with the Prothonotary. See Exhibits "A"and"B."
15. 49 P.S. §I502(a)(2) requires that, in order to perfect a lien, every claimant must:
serve written notice of such filing upon the owner within one (1)
month after filing, giving the court term and number and date of
filing of the claim. An affidavit of service of notice, or the
appearance of service, shall be filed within twenty (20) days after
service setting forth the date and manner of service. Failure to
serve such notice . . .within the times specified shall be
sufficient ground for striking off the claim.
49 P.S. §1502(a)(2) (emphasis added).
16. Furthermore, 49 P.S. §1502(c)requires that"[s]ervice of the notice of filing of
claim shall be made by an adult in the same manner as a writ of summons in assumpsit, or if
service cannot be so made then by posting upon a conspicuous public part of the improvement."
17. A writ of summons in assumpsit must be served in the same manner as service of
process in a civil action. See Pa. R. Civ. P. 101; Regency Investments, Inc. v. Inlander Ltd., 855
A.2d 75,78 (Pa.Super. 2004). Rule of Civil Procedure 400 requires that"original process shall
be served within the Commonwealth only by the sheriff." See Pa. R. Civ. P. 400.
18. As such, Plaintiff's Mechanic's Lien claim must be served upon the Objecting
Defendants by Sheriff within one (1)month after filing. See, Regency Investments, 855 A.2d at
78 (affirming trial court's decision to strike Mechanic's Lien claim where sheriff served
defendant with notice of claim more than thirty days after claim filed with prothonotary); Foggia
Builders, Inc. v. RJD Const. Co., 75 Pa. D. & C.2d 170 (1975), aff'd per curiam, 240 Pa. Super
723 (1976) (a claim served by certified mail will be stricken); Winegar v. Bente, 39 Pa. D. &
C.2d 558, 48 Wes.C.L.J. 89 (1966) (notice of filing of a claim must be accomplished through the
sheriffs office; thus, service of notice of lien made by certified mail with a return receipt card is
not sufficient).
19. In the instant matter, Plaintiff attempted to serve Objecting Defendants with the
Mechanic's Lien fifty-three (53) days after it was originally filed. Even accounting for
Plaintiff's purported reinstatement of the Mechanic's Lien,' Plaintiff still waited beyond the
statutory period to attempt to serve Objecting Defendants, thereby running afoul of 49 P.S.
§1502. Furthermore, Plaintiffs failed to serve Objecting Defendants in the statutorily prescribed
manner—by Sheriff—and instead purported to serve notice of the claim through first-class and
certified mai1,2 in violation of 49 P.S. §1502 and Pa. R. Civ. P. 400.
20. Service requirements under Pennsylvania's Mechanics' Lien law are strictly
construed such that a complaint will be stricken if the statutory service requirements are not met;
the doctrine of substantial compliance refers only to the"form" of the notice. Tesauro v.
Baird, 232 Pa.Super. 185, 335 A.2d 792, 796 (1975).
21. Plaintiff's Mechanic's Lien violates 49 P.S. §1502 in that Plaintiff attempted to
serve it in an untimely manner by first-class and certified mail only. As per 49 P.S. §1502, the
Mechanic's Lien must be stricken in its entirety.
III. CONCLUSION
Wherefore, for all the foregoing reasons, Objecting Defendants New Cumberland
Comfort Inn Hotel/Comfort Inn New Cumberland/Comfort Inn New Cumberland PA, BAS
Associates and Kishor and Aarti Sheth respectfully request that this Honorable Court enter an
order sustaining its Amended Preliminary Objections and strike Plaintiff's Mechanics Lien
Claim with prejudice.
1 Defendant is unaware of any statutory provision allowing Plaintiff to reinstate a Mechanic's Lien Claim and
therefore additionally objects to Plaintiff's Reinstatement. See Exhibit`B."
z Indeed,Plaintiff has not indicated that it was unable to effectuate service by the Sheriff and therefore had to resort
to alternate methods of service,as prescribed by Pennsylvania Rule of Civil Procedure 430.
Respectfully submitted,
Julie D. Lathia, Esquire
Attorney I.D.No. 208407
The Law Offices of Julie D. Lathia
212 West Gay Street
West Chester, PA 19380
(717) 940-4881
Attorney for Defendants New Cumberland
Comfort Inn Hotel/Comfort Inn New
Cumberland/Comfort Inn New Cumberland PA,
BAS Associates and Kishor and Aarti Sheth
Dated: March 27, 2013
THE LAW OFFICES OF JULIE D. LATHIA Attorney for Defendants
Julie D. Lathia, Esquire New Cumberland Comfort
Attorney ID No.: 208407 Inn Hotel/Comfort Inn_New
212 West Gay Street Cumberland/Comfort Inn
West Chester, PA 19380 New Cumberland, PA, BAS
(717) 940-4881 Associates and Kishor and
Aarti Sheth
Daniil Gulyak d/b/a Gulyak Construction
Plaintiff, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
Mike Dibert d/b/a The Clean-Up Crew,
New Cumberland Comfort Inn Hotel/ CIVIL ACTION NO. 12-7253-MD
Comfort Inn New Cumberland/Comfort
Inn New Cumberland PA, BAS Associates
And Kishor and Aarti Sheth or Company
Owner/Manager
Defendants.
CERTIFICATE OF SERVICE
I, Julie D. Lathia, do hereby certify that on March 27, 2013, I served a true and correct
copy of the foregoing Amended Preliminary Objections to Plaintiff's Mechanic's Lien to the
following persons by the following methods:
Mr. Daniel Kane
Bergmann Kane, P.L.L.C.
1841 Norristown Rd., Suite 200
Maple Glen, PA 19002
[first-class & electronic mail]
Mr. Michael Dibert
2964 Myers Road
Springfield, OH 45502
[first-class mail only]
J D. Lathia
EXHIBIT "A"
Daniel E.Kane,Esquire ;ri;r `" 4omeys for.Subcontractor
Attorney LR.#91928
.tt
Edmond R Shinn,Esquire 4L t. [,F r
Attorney I:D.#312306
Kane Law Office!LLC ;
1841 Norristown Road,Suite 200 '
Maple Glen,PA 19002
Telephone: (877)455-6552
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA.
CIVIL ACTION-LAW
DANIIL GULYAK d/b/a COURT TERM AND NO.: 1 "�
GULYAK CONSTRUCTION .
Plaintiff
VS.
MIKE DIBERT d/b/a THE CLEAN-UP
CREW,NEW CUMBERLAND
COMFORT INN HOTEL/COMFORT
INN—NEW CUMBERLAND/ _
COMFORT INN NEW CUMBERLAND
PA,BAS ASSOCIATES,and
KISHOR and AARTI SHETH OR
COMPANYOWNER/MANAGER
Defendants
MECHANICS'LIEN CLAIM
L
1. The name of the claimant is Daniil Gulyak,doing business as Gulyak Construction.
2. The name of the owner(or reputed owner)is New Cumberland Comfort Inn Hotel,also
known as Comfort Inn—New Cumberland, and Comfort Inn New Cumberland, PA, hereinafter
collectively referred to as ("Comfort Inn"), is upon information and belief, a corporation with a
business address of 130 Limekiln Road, New Cumberland, Pennsylvania 0070. Kishor and
Aarti Sheth, are upon information and.belief, individuals who own BAS Associates and the
Comfort Inn, with a current address of 1425 Stone Ridge Road, Sinking Spring, Pennsylvania
19608.
3. The claimant contracted with The Clean Up Crew ("contractor"), who contracted directly
with the owner.
4. The materials hereinafter referred to were furnished pursuant to an oral contract entered
into with contractor at some point prior to the 23 day of April 2012, wherein the claimant agreed to
furnish certain materials, an itemized statement of which is attached as Exhibit "A" and the contractor
agreed to pay for each item the price set forth in Exhibit"A."
5. The materials were furnished in and about the demolition, erection,-construction and
renovation of hotel rooms within the Comfort Inn at 130 Limekiln Road,New Cumberland,Pennsylvania,
17070.
6. The nature and kind of materials furnished were labor, equipment, and commonly used
construction materials(e.g.,lumber).
7. The amount claimed to be still due and chargeable against the property is$19,894.00,being
the agreed-on contract price less $5,550.00:`fhe claimant has no note or other collateral security for his
claim.
8. The last materials were furnished by the claimant on June 6,2012.
9. Written notice of the intention to file this claim was duly served on the owner, SAS
Associates on September 13, 2012, by U.S. Certified Mail, return receipt requested at his residence at
1425 Stone Ridge Road,Sinldng Spring,Pennsylvania, 19608. Written notice of the intention to file this
claim was also duly served on.Kishor Sheth on September 07,2012,by US.Certified Mail,return receipt
requested at at the Comfort Inn,located at 130 Limekiln Road,New Cumberland,Pennsylvania 17070.
10. This lien is claimed from April 23, 2012, when the first visible work commenced, and
against the fee simple interest of the owner in the property.
Dated: November 26,2012
KAIA LAW ,LLC
Daniel E.Kane,Esquire
Edmond R.Shinn,Esquire
Attorneys for Subcontractor
VERIFICATION
I, Daniil Gulyak, as sole.principle for Gulyak Construction, am authorized to make this
statement and verification on behalf of the company in support of this Mechanic's Lien.
The statements set forth therein ace true and correct to the best of my personal knowledge,
information, and belief: I state under penalty of perjury that the foregoing is true and
correct. This statement and verification is subject to the penalties of Title. 28 § 1746
relating to unsworn falsification to authorities..
GULYAK CONSTRUCTION
Gulyak,Principle
Dated: November q '2012
L
EXHIBIT "A"
11.1.2012
Jab agreement between Daniii Gulyak-Ahd Mike Dibert
1-st 5 rooms
1. Bathroom tub $50 $250
2. Granite $150 $750
3. Tub surround $100 $500
4. Tub plumbing $25 $125
2-nd 5 rooms
1. Demolition
2. Frame closet wall
3. Patching wails
4. Knockdown texture prime and paint-2 tone color walls
5. Tub
6. Tub surround
7. Toilet Installation
8. Granite installation vanity,1 shelves,window seal
9. Tile floor installation
16.Tub plumbing
Each room $1545
Total for 2-nd 5 rooms $7725
Extra$875 for patching electrical cut offs in walls for:2-nd 5 rooms.
L
Extra$300 for wiring front door entrance lights on 6.4.2012
Total a _Q $8600.
Daniil Gulyak
e r
- e
• Z
:. Date 11:1.2012
Hourly rate agreement between Daniil Gutyak and Mike Dibert
Date Hourly Total
Name Working. Hours Rate Amount
Alex Apr 23 to May 13 157 h $15 $2355
May 16 to May 61 h $915
Ganchenko 26
U rIY Apr 23 to May13 167h $10 $1670
May 16 to June 1 8830h $885
Kostaloinov —
Sergey May 21 to June 1 75.30h $15 $1135.50
Guleak
Dimitry May 21 to1unel 92h $10 $920
Guleak
John May 14 to 102h $10 $1020
Malanchuk May 28
Edward May l7 to 81h $15 $1215
Malanchuk May 26 _
Sergey May 23fo 52h $15 $787
Malanchuk June 1
Daniel Apr 23 to May 13 157h $24 $3140
G u lya k May 23 to June 1 44h$ 880
Alek Ganchenko J 7 JZ
Uriy KosCalomov
Sergey Guleak
Dimitry Guleak
John Malanchuk
Edvard Malanchuk
'Sergey Malanchuk
Daniil Gulyak _/ 2
EXHIBIT "B "
Daniel E.Kane,Esquire Attorneys for Subcontractor
Attomey I.D.#91928
Edmond R. Shinn.,Esquire
Attorney I.D.#312306
Kane Law Office,L,LC .
1841 Norristown Road, Suite 200
Maple Glen,-PA 19002
Telephone: (877)455-6552
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION-LAW
DANIIL GULYAK d/b/a COURT TERM AND NO.: 12-7253 MLD
GULYAK CONSTRUCTION
Plaintiff
VS.
MIKE DIBERT d/b/a THE CLEAN-UP
CREW,NEW CUMBERLAND
COMFORT INN HOTEL/COMFORT
INN-NEW CUMBERLAND/
COMFORT INN NEW CUMBERLAND �..
PA,BAS ASSOCIATES,and '�r.
KISHOR and AARTI SHETH OR
COMPANY OWNER/MANAGER
Defendants :s
PRAECIPE TO REINSTATE THE COMPLAINT
TO THE PROTHONOTARY:
Please Reinstate the Complaint so that service may be made upon the parties.
Dated: December 18,2012
KANE LAW O FICE,LLC
and R Shinn,Esquire
Daniel E.Kane,Esquire
Attorneys for Subcontractor
EXHIBIT "C "
BER.GMANN &5 KA.NE, PLLG
ATTORNEYS AT LA.W
TEL. 1888) 814-4100
Edmond R-Shinn,Esq- 1841 NORRISTOWN ROAD.SUITE 200 FAX(888)494-9199
(610308-6544 . MAPLE GLEN.FA 19002 WWWBERGMA2INKANE.COM
Kishor Sheth or Company Owner/Mahager
New Cumberland Comfort Inn
130 Limekiln Road
New Cumberland,PA 17070
January 18,2013.
VIA: US MAIL,FIRST CLASS,POSTAGE PRE-PAID and
US MAIL,CERTIFIED,RETURN.RECEIPT(70113500 0003 0530 0561)
Subj: Gulyak Construction -Notice of Mechanic's Lien Claim
Re: New Cumberland Comfort Inn Hotel
130 Limekiln Road
New Cumberland,PA 17070
Dear Mn Sheth,
Please find enclosed an original tirne-stamped copy of the Mechanic's Lien Claim filed against
the above referenced property.Receipt of this letter serves as notice upon you.
Please remit the specified payment in full to our office by February 28,2013, or our client,
Gulyak Construction,will foreclose on the lien against your property.
If you have any questions,feel free to contact our office.
Sincerely,
Edmond R. Shinn,Esq.
Enclosures: 1
Cc: Client
EXHIBIT "D"
N27/13 Gmail-GuIAkv.Comfort Inn-Rule to Show Cause
Gulyak v. Comfort Inn - Rule to Show Cause
Julie Lathia <jlathia @gmail.com> Mon, Mar 25, 2013 at 5:15 PM
To: Daniel Kane <DKane @bergmannkane.com>
Daniel,
A copy of the attached Rule to Show Cause was mailed to you on March 25, 2013. I've enclosed another copy
for your records.
Julie
Julie D. Lathia, Esq.
The Law Offices of Julie D. Lathia, Esq.
212 West Gay Street
West Chester, PA 19380
Phone: 717-940-4881
www.lathia-law.com
"Those who deny freedom to others deserve it not for themselves." Abraham Lincoln
ti Rule to Show Cause 3-15-13.pdf
638K
hUps://mail.g oog le.coml mail/u/O/?ui=2&ik=ca907c6370&\iev.,--pt&q=Daniel&q s=true&search=q uerAth=13da367cbbce7bad 1/1
EXHIBIT "E"
THE LAW OFFICES OF JULIE D.LATIHA Attorney for Defendants
Julie D. Lathia,Esquire New Cumberland Comfort
Attorney ID No.: 208407 Inn Hotel/Comfort Inn New
212 West Gay Street Cumberland/Comfort Inn
West Chester,PA 19380 New Cumberland,PA,BAS
(717)940-4881 Associates and Kishor and
Aarti Sheth
Daniil Gulyak d/b/a Gulyak Construction
Plaintiff, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
Mike Dibert d/b/a The Clean-Up Crew,
New Cumberland Comfort Inn Hotel CIVIL ACTION NO. 12-7253-MD
Comfort Inn New Cumberland/Comfort
Inn New Cumberland PA,BAS Associates
And Kishor and Aarti Sheth or Company
Owner/Manager
Defendants.
STIPULATION TO AMEND PRELIMINARY OBJECTIONS
Plaintiff Daniil Gulyak d/b/a Gulyak Construction,by and through its counsel,hereby
stipulates to Defendants' New Cumberland Comfort Inn Hotel/Comfort Inn New
Cumberland/Comfort Inn New Cumberland PA,BAS Associates and Kishor and Aarti Sheth
filing of its Amended Preliminary Objections to Plaintiff's Mechanic's Lien.
Daniel Kane
Attorney for Plaintiff
Dated: March 26,2013