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HomeMy WebLinkAbout14-7358 David A. Fitzsimons, Esquire n_ Attorney I.D. No.41722 ` " ' ' 23 P i i : 4. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -, ,,� •- t MARTSON LAW OFFICES ���S,�, ;�1 ` jf� 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant BINIEK SPECIALTY : IN THE COURT OF COMMON PLEAS OF CONTRACTORS, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Claimant, V. : No. 2014-�35� EMILY GRIPPIN, Respondent : CIVIL ACTION - EQUITY MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Biniek Specialty Contractors, LLC, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P.S. § 1101 et seq., and hereby files and perfects this Mechanics' Lien Claim against the real property and improvements located at 131 1 Street, Carlisle, Cumberland County, Pennsylvania, 17013, for all debts due for labor and materials in the course of alteration and repair, and, in the alternative, construction and erection, as follows: 1. Biniek Specialty Contractors, LLC ("Claimant") is Pennsylvania Limited Liability Company with an entity number of 3329417 and a registered office address.of 563 Baltimore Pike, Mt. Holly Springs, Pennsylvania, 17065. 2. Claimant files this Mechanics' Lien Claim ("Claim") as a contractor with a license number of PA034632. 3. The owner or reputed owner of the property subject to the lien is Emily Grippin, an adult individual residing at 131 1 Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The property subject to this Claim is a single family residence located at 131 I Street, Carlisle, Cumberland County, Pennsylvania, 17013 (the "Property"). eJ("R=aCJ 1-70 5. The date upon which Claimant completed the work for which this claim is made was August 9, 2014, upon receipt of email from Ms. Grippin stating that she no longer wanted the Claimant or anyone associated with the Claimant to step foot on the Property. 6. Sometime in October 2013, Ms. Grippin and the Claimant exchanged correspondence regarding a proposal and estimate for roof work and siding work to be done to the Property. 7. The Claimant made arrangements with Ms. Grippin to visit the Property on November 1, 2013, during an insurance adjuster's inspection. A true and correct copy of this correspondence is attached hereto and incorporated as Exhibit"A." 8. Ms. Grippin contracted with Claimant for the removal of old siding and the installation of new siding, trim, moisture barrier, flash to the chimney, and shutters at the Property. 9. The general nature and character of the labor and materials furnished by Claimant was to remove all siding from the home, haul away all debris, supply and install new house wrap moisture barrier to all surfaces, supply and install new vinyl siding to the entire home, including all trim and accessories, install shutters, and install new coated aluminum to wrap all window trim. The Claimant also agreed to replace the flashing on the chimney. A true and correct copy of the proposal with an estimate, marked Proposal No. 1480, is attached hereto and incorporated as Exhibit "B." 10. On January 27, 2014, Claimant and Ms. Grippin signed the proposal, with a labor and material estimate of $8,400.00, for the work that was to be completed at the Property. References page two of Exhibit"B." 11. On January 27, 2014, Ms. Grippin provided a check deposit of$3,000.00 for the agreed upon work. 12. Claimant ordered supplies and materials for the Property on June 3, June 25, and June 26, 2014. True and correct copies of the order acknowledgements are attached hereto and incorporated as Exhibit"C. 13. Upon receipt of the first shipment of supplies and materials, Claimant commenced work on the Property on June 8, 2014. 14. On August 9, 2014, the Claimant received an email from Ms. Grippin stating that she no longer wanted the Claimant or anyone associated with the Claimant to step foot on the Property. A true and correct copy of Claimant's correspondence, dated August 9, 2014, is attached hereto and incorporated as Exhibit"D." 15. In consideration of the initial deposit of $3,000.00, Ms. Grippin's outstanding balance on the aforesaid contract is $5,400.00, plus any additional interest permitted under Pennsylvania law. 16. Claimant provided the necessary labor and materials required to perform the majority of the work under the contract with Ms. Grippin and improved said Property by removing all siding from the home, hauling away all debris, supplying and installing new house wrap moisture barrier to all surfaces, supplying and installing new vinyl siding to the entire home, including all trim and accessories, installing shutters, and by supplying and installing new coated aluminum wrap to all window trim. WHEREFORE, Claimant, Biniek Specialty Contractors, LLC, claims a Mechanics' Lien against the Property, as described herein, in the amount of$5,400.00, plus any interest accruing from and after the completion of work, reasonable attorney fees, costs of suit, and any other relief that the court deems appropriate. MARTSO W OFFICES By: David A. Fitzsimons, Esquire Attorney I.D. No.41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 12, 12,tky Attorneys for Claimant EXHIBIT"A" the work. Let me know my next step and if your proposal was to replace only damage siding or if it was all siding. Thanks Emily Grippin On Sunday, October 27, 2013 4:56 PM, Jeremy Strayer <'stra er001 amail.com> wrote: Hello Emily, I have added the appointment to my schedule and will be present for Rob's inspection. Please let me know if anything changes on your end. I hope you and the family had a great weekend! Thank you, Jeremy Strayer 717-760-9202 On Wed, Oct 23, 2013 at 7:54 PM, Emily Grippin <eagrippin@yah© > wrote: rote: I just talked to a Robert who is an adjuster. He will be out between 9:00-10:00 am on November 01, It's a Friday. If you could adjust or schedule in to be here I would appreciate it. Thanks Emily Grippin 808-294-3380 On Tuesday, October 22, 2013 9:07 PM, Jeremy Strayer <istraver0�1 Sc��mai! com> wrote: Hello Emily,l apologize for not getting back to you sooner. I have been having some issues with getting the Eagleview report for your homes roof. The service usually takes about 2 days but they have not gotten it to me as of yet. If I do not receive it by Thursday I will just write your roof proposal with the measurements I took. I figured I would get you the siding proposal in case your insurance agent wanted to see one to set up the claim. When you get a chance let me know if you found your previous insurance line item report. I can adjust my proposal to only include the slopes that were not previously covered. Please don't hesitate to call or mail with questions or concerns. I hope you and the family are doing well. Best wishes,Jeremy Strayer717-760-9202 Biniek Specialty Contractors LLC EXHIBIT"B" �- , Biniek Specialty Contractors LLC '< n • 563 Baltimore Pike Mt.Holly Springs,PA 17065 Proposal (717),PA 486-7530 Date Pro osal No. (855)234-4245 01/16/2014 1480 par,DofPro@gmail.com http://www.biniekspecialty.com E Date ddren Emily Grippen I Street Carlisle,PA 17013 Service Activity Residential •Remove all siding on home.Place all debris in dumpster and haul Quantity Rate. Amount Siding to landfill.Perform daily magnetic sweep for nails. 1 } Residential •Supply/install new house wrap moisture barrier to all surfaces to2,775.00 Siding accept siding. l5257 5,250.00 Supply/install new premium vinyl siding to entire home.Includes all trim and accessories. Color: Panel style: MO10 •Supply/install new coated aluminum to wrap all window trim. 1 375.00 375.00 0 c E S ov\ e n cv [ rr SCJr,-g 1 t,,/ 1ndd cJ S i f wl� "Oe i 4 i i Total S ,40000 111 Accepted By Accepted Date o�rA1� BINIEK SPECIALTY CONTRACTORS LLC PA034632 PROPOSAL#1480 (abbreviated below as"BSC") Contract terms and site conditions: 1. "BSC"to provide all labor and material as described in page one. 2. If additional work or changes are made by customer they are to be agreed upon before commencement of said work and to be in writing in the form of a change order. On minor changes such as replacement of plywood'BSC"will attempt to notify you by phone. If"BSC"cannot reach you we will document with receipt or photo's of the damaged area. The reason for this is we can't stop progress of job on such a small item. Any changes that are$500 dollars or more will require a work stop and official change order. 3. "BSC"charges 60.00 per sheet of plywood/OSB removed and replaced. 4. `BSC"will magnet sweep for nails daily. "BSC"also makes use of tarps to prevent any nails in grass. It is almost impossible to collect every single nail although"BSC"will make every effort not to have any nails left upon completion of job. 5. "BSC"corporate billing office is located at 563 Baltimore Pike Mt. Holly Springs,PA 17065. 6. "BSC"requires that you move all objects that could interfere with work. Examples:gas grills,picnic tables,lawn ornaments etc. We will protect all fixed or non-movable objects. 7. Price as quoted gives us full access to driveway area for removal of debris and delivery of materials. Cars are to be removed from driveway before work begins and not return until we are cleaned up for the day or job is completed. 8. "BSC"Guarantees all workmanship for 10 years from date of project completion. 9. Estimated start and completion date will be approximately 1 to 2 months from date we receive a deposit. 10. This Estimate is subject to acceptance within 30 days and is void thereafter at the option of"BSC". 11. Right of rescission. An individual signing a home improvement contract,except as provided in the emergency provisions of section7 of the act of December 17, 1968(P.L. 1224,No.387)known as the Unfair Trade Practices and Consumer Protection Law,shall be permitted to rescind the contract without penalty regardless of where the contract was signed,within 3 business days of the date of signing. Material Details: Siding color: Window trim color: p\-( a,$I C., SCJ �s Estimate Total: Total cost of project as described by this estimate. $ 8,400.00 Payments to be made as follows: $ 3,000.00 Deposit ic.ri ►4 aAi2vz8 (A3�a�.�� � $ 3,000.00 Material delivery draw $ 2,400.00 Due n day of completion Acceptance of Estimate "BSC"Authorized Signature: Customer Signature: - / 12 �� 4 EXHIBIT"C" 9 SHIPPING LOCATION: j,�i= _ 451 JPL-WICK DR 20 m HARRISBURG PA Supply CO. inC. 17111-2504 ORDER ACKNOWLEDGEMENT (717)564-4453 SOLD TO: SHIP TO: BINIEK ROOFING 563 BALTIMORE PIKE 131 I STREET MT HOLLY SPRINGS PA JEREMY @a 760-9202 17065 CARLISLE PA 17015 SALES REP PAGE JC016158 1 ORDER NO. CUSTOMER ORDER NO. SHIP VIA USTOMER NO. TERMSHIP DATE r"ERACK DATE 33208152 GRIPPEN OTG 16962600 JEND OF MONTH 06/03/14 06/03/14 E GTIM I mma ABC#121 HAI RISBURG OUR TRUCK GRO 22MTOD4QW MT OVATION D4 QUIET WILLOW OV40 264 PL 6.56 1731.84 26MTST250 MT 1/4" VINYL STARTER MVS250 14 PC 4.64 64:96 26AXU06WQ MT 3/4 W/G OCP QUIET WILLOW AWOP06 10 PC 22.73 227.30 26AXIC34QW MT NEW ISC 3/4"QUIET WILLOW MICP06 3 PC 12.70 38.10 26AXJ581QW MT 5/8 J i"FACE QUIET WILLO MVJ051 405.69 227.60 26MTTRFIQ MT FINISH TRIM QUIET WILLOW MFT 15 7.87 118.05 0150080045 NAIL 2" EG ROOF 25#/PAIL E - „:A 32.03 32.03 2214756869 NAIL TRIM SS 1.25"-1##9730 SAGE BX 7.49 7.49 2875697433 SEALANT VOC QUAD#767 GREEN 100Z6 TB 0 6.69 40.14 a 2875696855 SEALANT VOC QUAD#001 WHITE 100Z 016 1 5.99 35.94 31MPMMS237 MID-AM MOUNT MASTER SCALLOP COL 237. �.� 7.30 14.60 31MPSBM237 MID-AM MIM SPLIT BLOCK COLOR 237 A 7.81 15.62 39WR555BK MID-AM 14.75X55 RAISED BLACK 002 PR 49.60 297.60 39MPR543BK MID-AM 14.75X43 RAISED BLACK 002'T*; 1 PR 41.00 41.00 99MIDELCRG DELIVERY CHARGE a ' i EA 40,00 40.00 &A • i . i� dnaq(3 l goo, 0 3 ter.=rnc °° I 567 %Z PA 99 SUBTOTAL 2932.27 iUNT + FREIGHT + SALES TAX 2932.27 I I 175.94 EF www.abcsupply.com www.abccatalog.com !' SHIPPING LOCATION: _ �= _ 451 JPL-WICK DR ® HARRISBURG PA Supply CO. inC. 17111-2504 ORDER ACKNOWLEDGEMENT (717)5644453 SOLD TO: SHIP TO: BINIEK ROOFING 563 BALTIMORE PIKE MT HOLLY SPRINGS PA JEREMY @ 760-9202 17065 PA SALES REP PAGE JC016158 1 ORDER NO. CUSTOMER ORDER NO. SHIP VIA USTOMER NO. TERMS HIP DATErER ACK DATE 33768580 GRIPPEN JOB CPU 16962600 ENDOFMONTH06/26/1406/26/14 ABC#121 HARRISBURG' CUSTOMER PICK UP 17MPMEP237 MID-AM SCALLOP EXHAUST VENT COL 237 1 EA 12.07 12.07 —0 a. 7k n, PA 99 SUBTOTAL 12.07 UBTOTAL AMOUNT + FREIGHT + SALESTAX 12.07 I I 72 -4 12.74-1 www.abcstipply.com www.abccatalog.com �— SHIPPING LOCATION: j� H RISS R DR ® HARRISBURG PA Supply CO. lnC. 17111-2504 ORDER ACKNOWLEDGEMENT (717)56414453 SOLD TO: SHIP TO: BINIEK ROOFING 563 BALTIMORE PIKE MT HOLLY SPRINGS PA JEREMY @a 760-9202 17065 PA SALESREP PAGE JC016158 1 ORDER NO. CUSTOMER ORDER NO. CUSTOMER NO,I TERMS HIP DATE RDER ACK DATE 33746577 EMILY GRIPPEN CPU 16962600 END OF MONTH 06/25/14 06/25/14 ABC#121 HA ISBURG CUSTOMER PICK UP 26AXU06WQ MT 3/4 W/G OCP QUIET WILLOW AWOP06 2 PC 22.73 45.46 26AXJ581QW MT 5/8J V FACE QUIET WILLO MVJ051 20 PC 5.69 113.80 a PA 99 SUBTOTAL 159.26 SUBTOTALAMOUNT + FREIGHT + SALES TAX 159.26 I I 9.56 - 168.82, . www.abcsupply.com www.abccatalog.com �rc.-f f e" G�,(I�1cr- SO U� , ov �g 10663 s cr� Contractors LLC Fliniek Specialt� '^�"^"""'" 563 8a timore Pike 60.8224-2313 Mt.I-lolly Springs,PA 17065 0 6 } 717-486-7530 � J s � � QU 9t MEMBERS 1 PA n:ucunr,cn�:urruN�oN M.�r,.nraMrt� 171155 i z s, Cr�.l��r C hd p T E C OT�A B L E Q•,,,w.,o I pd,�l,r V t ,I� Jo 4'U�S1�n�o1/1 1 ilr` . 8224L : 27311 ! 23 L3 7730 �.... u nv%ftini:nob:r Contractors LLC t EXHIBIT"D" From: Jeremy Strayer jstrayer001-,?gmail.ccm Subject: Fwd:New Estimate from Biniek Specialty Contractors LLC Date: August 11,2014 at 9:45 AM To: Paul B paroofpro@grnail.com ----------Forwarded message---------- From:Emily Grippin<eaaripainCG?vahoo con}> Date:Sat,Aug 9,2014 at 12:59 PM Subject:Re:New Estimate from Biniek Specialty Contractors LLC To:Jeremy Strayer<istrayer001 C�amail com> Cc:"ramosbailbandsC�amail com"<ramasbailbondsamail com> Jeremy Paul finally did call me yesterday. He made a bad call in hiring Barry. Unfortunately I will no longer allow Biniek or anyone associated with Biniek to step foot on my property. The quality of work, or lack there of is inexcusable. The time frame is inexcusable. The unprofessional ism is inexcusable. I am trying to find someone to take care of Biniek's mess. Any further communication will be done through a good friend Juan Ramos. You or Paul are to contact him regarding anything about me or this home. I have documented through the months and taken pictures, as well as further damage Biniek has caused to my property. Please contact Juan at 717-448-8.115. His email is il Com Emily Grippin On Thursday, July 24, 2014 9:41 AM, eagrippin <eaarippin yahoo com> wrote: Jeremy Thank you. We decided the the flumes were cracked and you were going to put a rain sheild...like a hood over both of them. Instead of capping them because the one is the fire place. Can we please do that as well? I'm still getting rain all the way to the basement when it rains hard....im sure it's not helping any structures already in place. Maybe Paul should add that too since my estimate was in October of last year and I'm still waiting to get my siding finished and it's July! ! Thank you...l know you are just the messenger but I am not happy with biniek. Infact, I'm pretty pissed. I also might have an issue about the quality of the work but I'm waiting to see when it's done. I still want you to come out for me to point things out. VON LPailsir&,h°" 4andsutetbatto(bCextentthac.theforegoingdocumentcontains i &M 64MIW by nw,dwY we truc uid tvaw to for best of my kroowl edge,information and belief i i I nom'that Ws-,satmags mid bcrein am subjW to the penalties of 18 pa. C,S.A. §4944,relating to wjMvM fidsifjcstion to autbonitts, f AJa i ul dBiniek, r i i i f F i CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy& Faller,hereby certify that a copy of the foregoing Mechanics'Lien was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Nathan Wolf, Esquire Wolf& Wolf 10 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES BY M4444-7 Tricia I.A. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: o 3 01 oil/ David A. Fitzsimons, Esquire Attorney I.D. No.41722 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES C+1MBERLi (TC0J1gTY 10 East High Street PE NNN,aYLVA111A Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant BINIEK SPECIALTY : IN THE COURT OF COMMON PLEAS OF CONTRACTORS, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Claimant, V. : No. 2014- EMILY GRIPPIN, Respondent : CIVIL ACTION - EQUITY NOTICE OF MECHANICS' LIEN TO: Emily Grippin c/o Nathan Wolf, Esquire Wolf& Wolf 10 West High Street, Carlisle, Pennsylvania 17013 Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania on 1'a 2)3 , 2014, at docket number, For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this Notice. MART OFFICES ByA David A. Fitzsimons, Esquire Attorney I.D. No.41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Claimant