HomeMy WebLinkAbout04-5855Y
GENE DUNNING JR. t/d/b/a
DUNNING QUALITY BUILDERS
Claimant,
V.
WILLIAM O'KEEFE and THERESA
O'KEEFE, Husband and Wife,
Owners.
TO: William and Theresa O'Keefe
22 W. Maplewood Ave.
Mechanicsburg, PA 17055
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL NO. 0
MECHANICS' LIEN
TAKE NOTICE that the undersigned has filed a Mechanics' Lien Claim against the
premises known as 22 West Maplewood Avenue, located in Mechanicsburg, Cumberland
County, Pennsylvania, 17055, of which William and Theresa O'Keefe, Husband and Wife, and
any other joint owner of record, are the owners in fee simple, for work and materials supplied in
the partial finishing of an existing (2) car garage and the partial construction, erection and
installation of a new two (2) car garage and second story addition. The finished work includes,
but is not limited to: installation of a steel beam and posts in the existing garage to provide
support for the second floor; installation of a new twin window in the existing garage;
construction of a new 22' x 23' garage to be connected to the existing garage; construction of
exterior and some interior walls for the 2nd story addition; installation of vinyl siding, windows
and roofing for the 2nd story addition of which the amount that remains outstanding and unpaid
by Owner is Twenty-Five Thousand Five Hundred Eighty-Six and 45/100 ($25,586.45) Dollars,
plus applicable interest as accrued since August 5, 2004. The lien was filed on November 11r,
2004. A copy of the claim is attached.
IRWIN &
By:
Marc A. McKnight
60 W st Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for the Claimant,
Date: November 16, 2004 Gene Dunning Jr. Ud/b/a Dunning Quality Builders
2
GENE DUNNING JR. t/d/b/a
DUNNING QUALITY BUILDERS
Claimant,
V.
WILLIAM O'KEEFE and THERESA
O'KEEFE, Husband and Wife,
Owners.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL NO.
MECHANICS' LIEN
MECHANICS' LIEN CLAIM
Claimant, Gene Dunning Jr. t/d/b/a Dunning Quality Builders, by and through his legal
counsel, Irwin & McKnight, files this claim against William O'Keefe and Theresa O'Keefe, and
any other joint owner of record, and against the property, buildings and improvements erected
thereon at 22 West Maplewood Avenue, Pennsylvania 17055, for the payment of a debt due to
Claimant as a contractor for the work and materials supplied in the partial finishing of an existing
(2) car garage and the partial erection, construction, and installation of a two (2) car garage and
second story addition at 22 West Maplewood Avenue, and makes the following statement:
1. The Claimant is Gene Dunning Jr. t/d/b/a Dunning Quality Builders with his
principal place of business located at 22 Ivy Terrace, Carlisle, Cumberland County, Pennsylvania
17013.
2. The reputed owners of the property at the time of furnishing of labor, goods and
materials and the attaching of the lien therefore are William and Theresa O'Keefe and any other
joint owner of record ("Owners"), for the property located at 22 West Maplewood Avenue,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The Claimant, Gene Dunning Jr. t/d/b/a Dunning Quality Builders, contracted
with the Owners on or about July 7, 2003. A true and correct copy of the signed contract
between the Claimant and the Owners is attached hereto and incorporated herein as Exhibit "A."
4. On or about, July 26, 2003 the Claimant received from the Owners a deposit of
Five Thousand and no/100 ($5,000.00) Dollars.
5. In October of 2003, the Owners decided to cancel the contract, and the Five
Thousand and no/100 ($5,000.00) Dollar deposit was fully refunded to the Owners, on or about
October 6, 2003.
6. The parties then signed a revised proposal on or about January 6, 2004. A true
and correct copy of the second signed contract between the Claimant and the Owners is attached
hereto and incorporated herein as Exhibit "B."
7. On or about April 26, 2004, the parties agreed to a change order that increased the
contract price to Sixty-Eight Thousand Ninety and no/100 ($68,090.00) Dollars. A true and
correct copy is attached hereto and incorporated herein as Exhibit "C".
8. On or about May 24, 2004, the parties agreed to a second change order that
increased the contract price to Sixty-Nine Thousand Forty and no/100 ($69,040.00) Dollars. A
true and correct copy is attached hereto and incorporated herein as Exhibit "D".
9. The work and materials hereinafter referred to were completed and furnished
pursuant to the contracts between the parties.
10. Claimant provided certain work, labor, equipment, and materials related to the
partial finishing of an existing (2) car garage and the partial construction, erection and
installation of a new two (2) car garage and second story addition. The finished work includes,
but is not limited to: installation of a steel beam and posts in the existing garage to provide
support for the second floor; installation of a new twin window in the existing garage;
construction of a new 22' x 23' garage to be connected to the existing garage; construction of
exterior and some interior walls for the 2°d story addition; installation of vinyl siding, windows
2
and roofing for the 2°d story addition as more particularly described in the contracts attached
hereto as Exhibits "B", "C" and "D".
11. On or about August 5, 2004, Owners demanded Claimant cease all further work
and has not allowed Claimant an opportunity to finish the work remaining on the contract.
12. The revised contract price of the materials and labor specifically set forth in
Exhibits "B", "C" and "D" is Sixty-Nine Thousand Forty and no/100 ($69,040.00) Dollars.
13. As of August 5, 2004, Claimant had supplied Fifty-Two Thousand Twenty-Three
and 45/100 ($52,023.45) Dollars worth of material and labor toward completion of the work.
14. As of the date of this filing, Owners have made payments in the total amount of
$26,437.00.
15. The amount due as of August 5, 2004, for the labor, goods and materials supplied
is $25,586.45, plus applicable interest, which has accrued since August 5, 2004 A true and
correct copy of the final invoice is attached hereto and incorporated herein as Exhibit "E".
16. The last day on which work and materials were done and furnished was on or
about August 5, 2004, which is less than four (4) months from the date of the filing of this claim.
17. The labor, goods and materials are continuously furnished in and about the partial
finishing of an existing (2) car garage and the partial construction, erection and installation of a
new two (2) car garage and second story addition. The finished work includes, but is not limited
to: installation of a steel beam and posts in the existing garage to provide support for the second
floor; installation of a new twin window in the existing garage; construction of a new 22' x 23'
garage to be connected to the existing garage; construction of exterior and some interior walls for
the 2°a story addition; installation of vinyl siding, windows and roofing for the 2°d story addition
3
at the property located at 22 West Maplewood Avenue, Mechanicsburg, Cumberland County,
Pennsylvania, 17055, constituting the premises subject to the lien.
18. This lien is claimed against the fee simple interest of the Owners of 22 West
Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
WHEREFORE, Claimant, Gene Dunning Jr. t/d/b/a Dunning Quality Builders claims
this lien upon the premises herein described in the amount of $25,586.45, plus any applicable
interest as stated herein, together with costs, attorneys' fees and other relief deemed just against
the owners of said premises.
Respectfully submitted,
IRWIN & McKNIG T
/c, / N I
By: r
Marcu A. Mc ight II, E uire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for the Claimant,
Date: November 16, 2004 Gene Dunning Jr. t/d/b/a Dunning Quality Builders
4
EXHIBIT "A"
Dunning
Quality Builders
22 Ivy Terrace Gene Gaming
Carlisle, PA 17013 2:58 -1540
July 7, 2003
Mr. & Mrs. Bill O'keefe
22 West Maplewood Ave.
Mechanicsburg, PA 17055
Dear Mr. & Mrs. O'Keefe
CQOl
V"
,3
bo /o/0)"
We are please to offer our rwia" proposal. for the construction of a
new addition to be attached to the rear of your existing property. Our
budget pricing is based upon our site visit of Tuesday, June 3, 2003, and our
conversation at that time. We include the following:
1. Finish the existing 221x231garage interior. Install subfloor, insulation,
and new hardwood flooring. Rough-in electrical wiring for new
receptacles, switches, and lights. Lights to be purchased by owner.
Insulate existing walls and ceiling. Hang and finish new 41" drywall on
walls and ceiling. Install wood trims on windows and doors as necessary.
Frame in and enclose two existing garage door openings and build one
interior wall to create a room under the stairs. Install a pocket door in
the wall for entry in the new living room. Install ceramic tile on the
floor of this new mud room. Move the window from under the staircase into
new mud room. Construct a new 42" wide finished staircase to access the
2nd floor. Install a steel beam and posts to support second floor load
requirements. Install a new twin window in the east wall of the living
room. Remove the existing door from the house: and create a finished
opening.
2. Construct a new 22' x 23' two car garage to be attached to the existing.
Finished floor level shall be approximately 24" below the existing garage
finished floor. Excavation, grade beam foundation, floor slab, backfill
necessary for construction is included. Foundation/floor slab shall be a
monolithic pour. Three courses of 8" block shall be laid up by others
around the perimeter. Construct new walls with 2x4's and a new ceiling
with 2xl01s to meet all load requirements. Install a steel beam and posts.
Reuse the existing overhead door for this new garage. Install 2 new
windows and one walk-in door. Exterior to be vinyl siding to match
existing. Brick wainscoat by others.
3. Construct a 2nd floor over the new garage and a portion of the existing
garage to create a space for a new master bathroom, master bedroom, walk-
in closet. Construct two 14' long dormer walls with 2x4's and rafters as
required to meet design load requirements. New roof line for this area
shall be perpendicular to the existing roof line and shall include large
dormers in both sides as discussed on-site. Gable end shall have vinyl
siding. Shingles to match existing. Install 5 windows in this space.
Construct 2x4 interior walls to create a bathroom and walk-in closet.
Electrical system in this space shall include the rough-in for the
required number of receptacles, lights, and switches, as well as rough
electric for heating and air-conditioning. Heating and air-conditioning
for this space shall be provided and installed by others. Insulate
exterior walls and ceilings. Hang and finish :61" drywall for painting by
others. Rough plumbing for bathroom.
4. Install a new 100 amp electrical panel in the closet underneath the
staircase. All electric for the existing garage, new garage and 2na floor
shall come from this 100 amp panel.
5. All labor, material, and equipment, required for the completion of the
project are included in this estimate.
TOTAL COST . . $54,775.00
To assist you in your decision making, we have budgeted these monies
for the following items:
Stair material $2,000
Hardwood Flooring $1,500
Second floor drywall $3,200
Living Room Window $1,000
Ceramic Tile $ 150
Permitting shall be secured from the Borough of Mechanicsburg by the
owner. We have not included any staining or painting but we are capable of
performing this work. Owner has the right to complete as much of the work as
desired during construction.
Should any additional work be required or requested, our charge shall
be labor at $20 per man per hour plus material plus ten percent. All labor
and material is recorded such that billing could ioe done on a time & material
basis. At the completion of the new garage and second floor addition
exterior, weekly updates of costs shall be provided to the owner.
Administrative time shall be included in the time and material updates.
Terms: A deposit of $5,000 shall accompany the acceptance of this
proposal. A progress payment of 50% shall be made when the structure .L under
roof. Final payment shall be made within 10 days of the completion of the
work. Dunning Quality Builders shall provide a Certificate of Insurance prior
to the start of the work. All work is warranted for a period of one year
after completion.
We are very interested in the timely and successful completion of the
project and look forward to working with you in the future.
Very truly your '
/e'ui?n?ning, r.
Proposal Accepted
Date
EXHIBIT "B"
Dunning
Quality Builders
22 Ivy Terrace Gene Dunning
Carlisle, PA 17013 258 - 1540
January 6, 2004
Mr. & Mrs. Bill O'keefe
22 West Maplewood Ave.
Mechanicsburg, PA 17055
Dear Mr. & Mrs. O'Keefe
We are please to offer our zovisod proposal for the construction of a
new addition to be attached to the rear of your existing property. Our
budget pricing is based upon our site visit of Tuesday, June 3, 2003, and our
conversation at that time. We include the following:
1. Finish the existing 221x231garage interior. Install subfloor, insulation,
and new hardwood flooring. Rough-in electrical wiring for new
receptacles, switches, and lights. Lights to be purchased by owner.
Insulate existing walls and ceiling. Hang and finish new 411 drywall on
walls and ceiling. Install wood trims on windows and doors as necessary.
Frame in and enclose two existing garage door openings and build one
interior wall to create a room under the stairs. Install a pocket door in
the wall for entry in the new living room. Install ceramic tile on the
floor of this new mud room. Move the window from under the staircase into
new mud room. Construct a new 42" wide finished staircase to access the
2nd floor. Install a steel beam and posts to support second floor load
requirements. Install a new twin window in the east wall of the living
room. Remove the existing door from the house and create a finished
opening.
2. Construct a new 22' x 23' two car garage to be attached to the existing.
Finished floor level shall be approximately 24" below the existing garage
finished floor. Excavation, grade beam foundation, floor slab, backfill
necessary for construction is included. Foundation/floor slab shall be a
monolithic pour. Three courses of 8" block shall be laid up by others
around the perimeter. Construct new walls with 2x4's and a new ceiling
with 2x10's to meet all load requirements. Install a steel beam and posts.
Reuse the existing overhead door for this new garage. Install 2 new
windows and one walk-in door. Exterior to be vinyl siding to match
existing. Brick wainscoat by others.
3. Construct a 2nd floor over the new garage and a portion of the existing
garage to create a space for a new master bathroom, master bedroom, walk-
in closet. Construct two 14' long dormer walls with 2x4's and rafters as
required to meet design load requirements. New roof line for this area
shall be perpendicular to the existing roof line! and shall include Large
dormers in both sides as discussed on-site. Gable end shall have vinyl
siding. Shingles to match existing. Install 5 windows in this space.
Construct 2x4 interior walls to create a bathroom and walk-in closet.
Electrical system in this space shall include the rough-in for the
required number of receptacles, lights, and switches, as well as rough
electric for heating and air-conditioning. Heating and air-conditioning
for this space shall be provided and installed by others. Insulate
exterior walls and ceilings. Hang and finish 4" drywall for painting by
others. Rough plumbing for bathroom.
4. Install a new 100 amp electrical panel in the closet underneath the
staircase. All electric for the existing garage, new garage and 2A° floor
shall come from this 100 amp panel.
5. All labor, material, and equipment, required for the completion of the
project are included in this estimate.
TOTAL COST . . $54,775.00
To assist you in your decision making, we have budgeted these monies
for the following items:
Stair material $2,000
Hardwood Flooring $1,500
Second floor drywall $3,200
Living Room Window $1,000
Ceramic Tile $ 150
Permitting shall be secured from the Borough of Mechanicsburg by the
owner. We have not included any staining or painting but we are capable of
performing this work. Owner has the right to complete as much of the work as
desired during construction.
Should any additional work be required or requested, our charge shall
be labor at $22.50 per man per hour plus material plus ten percent. All labor
and material is recorded such that billing could be done on a time & material
basis. At the completion of the new garage and second floor addition
exterior, weekly updates of costs shall be provided to the owner.
Administrative time shall be included in the time and material updates.
Terms: A deposit of $5,000 shall accompany the acceptance of this
proposal.. A progress payment of 50% shall be made when the structure is under
roof. Final payment shall be made within 10 days of the completion of the
work. Dunning Quality Builders shall provide a Certificate of Insurance prior
to the start of the work. All work is warranted for a period of one year
after completion.
We are very interested in the timely and successful completion of the
project and look forward to working with you in the future.
Very truly yours,
Ge D&ning, r.
Proposal cce to '.' P
?=--
Date ?.
EXHIBIT "C"
Dunning
Quality Builders
22 Ivy Terrace Gene Dunning
Carlisle, PA 17013 (717) 258 - 1540
April 26, 2004
Mr. & Mrs. Bill Okeefe
22 West Maplewood Ave.
Mechanicsburg, PA 17055
CHANGE ORDER #1
Description of Work: Make the following changes from our original signed
agreement dated January 26, 2004. These items were discussed at a meeting on March
30, 2004.
• Change floor structurals over garage to truss joists, removing the need for a
steel beam. Truss joists are 14" deep and will drop ceiling height in garage 4".
• Install wall framing on the east side of the second floor to create a 7'6" high
second floor wall back into the existing second floor. Wall on west side will
also be 7'6". Install a header between the walls to remove a portion of the
existing roof.
• Make 2 dormers on the east side 5' wide for new layout.
• Install 7 new windows by Lowen. Windows to be purchased by owner. Use
existing windows in the new walk-in closet.
• Install a pocket door to walk-in closet.
¦ Install rough-in plumbing for second floor bathroom fixtures chosen.
• Install new roof fan with a thermostat and a half moon gable end vent.
• Install gable end ladders on east side of existing; garage roof. Install overhang
to create a soffit on the east sidewail of new garage. Install overhang on rear
erdwall of new garage.
• Install new interior wall layout for second floor and doors.
Estimated Cost ... $13,315.00
Original Cost ... 54.775.00
NEW ESTIMATED COST $68,090.00
Authorization of Change Order
The above specifications, pricing, and conditions of the work are hereby accepted.
Dunning Quality Builders is authorized to perform the work. I/we accept charges as per
the original contract and payment will be made within 10 days of the invoice.
Signature
EXHIBIT "D"
Dunning
Quality Builders
22 Ivy Terrace Gene Dunning
Carlisle, PA 17013 (717) 258 - 1540
Mr. & Mrs. Bill Okeefe
22 West Maplewood Ave.
Mechanicsburg, PA 17055
May 24, 2004
CHANGE ORDER #2
Description of Work: Make the following change from our original signed
agreement dated January 26, 2004. These items were discussed on May 22, 2004.
• Change foundation design to separate grade beam and floor pours.
• Additional form work to pour grade beam Install additional reinforcing bar to
tie beam to floor. Install longer anchor bolts in grade beam
¦ Form floor over grade beam with a brick ledge.
¦ Additional concrete charge for 2 trips.
Estimated Cost ... $ 950.00
Original Cost ... 6$,090.00
NEW ESTIMATED COST $ 69,040.00
Authorization of Change Order
The above specifications, pricing, and conditions of the work are hereby accepted.
Dunning Quality Builders is authorized to perform the wort:. Uwe accept charges as per
the original contract and payment will be made within 10 days of the invoice.
Signature
EXHIBIT `B„
Dunning Quality Builders
22 Ivy Terrace
Carlisle, PA 17013
Phone # Fax #
717-258-1540 717-240-0260
Bill To I
j Bill O'Keefe
22 West Maplewood Ave.
Mechanicsburg, PA 17055
i
Item
Labor & Material
Labor & Material
I
Invoice
Date Invoice #
9/27/2004 292
I Terms Job I
Net 10 Addition
Description Amount
For work completed to date up to August 5, 2004. 3,873.60
Past Due amount from Invoice #271 dated July 26, 2004. 21,712.85
i
I '
Please remit to above address. Balance Due
A FINANCE CHARGE OF 111`2% PER MONTH WILL BE CHARGED
ON ALL UNPAID BILLS OVER 30 DAYS.
$25,586.45
VERIFICATION
The foregoing Mechanic's Lien Claim is based upon information which has been
gathered by counsel and myself in the preparation of this action. I have read the statements made
in this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
GY,A U ING, J
tl/b/a DUNNING ALITY BUILDERS
Date: November 1 ? , 2004
u
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C'd
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CASE NO: 2004-05855 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUNNING GENE JR ET AL
VS
O'KEEFE WILLIAM ET AL
RICHARD SMITH
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
O'KEEFE WILLIAM the
OWNER , at 1206:00 HOURS, on the 8th day of December , 2004
at 22 W MAPLEWOOD AVENUE
MECHANICSBURG, PA 17055
JORDAN OKEEFE, SON
by handing to
a true and attested copy of MECHANICS LIEN CLAIM together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.40
Affidavit .00
Surcharge 10.00
Sworn and Subscribed to before
me this day of
1
A.D.
P othonotary
So Answers:
R. Thomas Kline
12/09/2004
MARCUS MCKNIGHT
By:
Deputy Sheriff
CASE NO: 2004-05855 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUNNING GENE JR ET AL
VS
O'KEEFE WILLIAM ET AL
RICHARD SMITH
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
O'KEEFE THERESA
the
OWNER
, at 1206:00 HOURS, on the 8th day of December-, 2004
at 22 W MAPLEWOOD AVENUE
MECHANICSBURG, PA 17055
JORDAN OKEEFE, SON
by handing to
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 7 day of
-2va? A.D.
P?riothcnotary a //
So Answers:
R. Thomas Kline
12/09/2004
MARCUS MCKNIGHT
By. j45?___
Deputy Sheriff
GENE DUNNING JR. t/d/b/a
DUNNING QUALITY BUILDERS
Claimant,
V.
WILLIAM O'KEEFE and THERESA
O'KEEFE, Husband and Wife,
Owners.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL NO. 2004-5855
MECHANICS' LIEN
PRAECIPE TO SATISFY
To Curtis R. Long, Prothonotary:
Please mark the above-captioned case satisfied on behalf of Claimant's counsel, Marcus
A. McKnight, III, Esquire, 60 West Pomfret Street, Carlisle, Pennsylvania 17013.
Respectfully submitted,
IRWIN & McKNIGHT
By:
McKnight, H ulre
t:Welstomfi-et Street
le, Pennsylvania 17013
249-2353
Date: August 31, 2007
GENE DUNNING JR. t/d/b/a
DUNNING QUALITY BUILDERS
Claimant,
V.
WILLIAM O'KEEFE and THERESA
O'KEEFE, Husband and Wife,
Owners.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL NO. 2004-5855
MECHANICS' LIEN
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to
Satisfy was served upon the following by depositing a true and correct copy of the same in the
United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced
below and addressed as follows:
R. Mark Thomas, Esq.
101 South Market Street
Mechanicsburg, PA 17055-3851
IRWIN & McIRNIGHT
By: MaZush,?4E-Knight, III, ]
0 'Pomfret Street
Carl' le, PA 17013
(717 49-2353
Supreme I.D. No. 254'
Date: August 31, 2007
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