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Home My WebLink About05-5300WHISLER'S WELL DRILLING, INC. Plaintiff v. ROBERTSTONEBRAKER and SANDRA STONEBRAKER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION NO.: aDOS- S3DU ci ~.f MECHANICS' LIEN NOTICE TO DEFEND 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 aze 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 aze roamed that if you fail to do so, the case may proceed without you and a judgment maybe entered against you by the court without further notice, for any money claimed in the Complaint ox fox any other claitn for relief requested by the Plaintiff. You may lose money ox property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTYBARASSOCIATION 32 SOUTH BEDFORD CARLdSL,E, PA 17013 (7>7) 249-3166 OR (800)990-9108 WHISLER'S WELL DRILLING, INC. Plaintiff v. ROBERTSTONEBRAKER and SANDRA STONEBRAKER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. MECHANICS' LIEN COMPLAINT NOW COMES, Whisler's Well Drilling, Inc., by and through undersigned counsel, and commences this action as follows: The Plaintiff is Whisler's Well Drilling, Inc., having its principal place of business at 366-1 Greenspring Road, Newville, Cumberland County, Pennsylvania. 2. The Defendants aze Robert Stonbraker and Sandra Stonebraker, husband and wife, of 104 Tagg Lane, Gazdners, Pennsylvania 17324. Upon information and belief the Defendants also have alternative addresses of 230 Oxford Road, Gardners, Pennsylvania 17324, and Stones Orchazd View Pazk, Pineschool Road, Gazdners, Pennsylvania 17324. 3. On July 15, 2004, Plaintiff initiated a Mechanics' Lien Claim in the Cumberland County Court of Common Pleas at Docket No. 04-3417 MLD. Plaintiff s Mechanics Lien Claim is attached as Exhibit "A." 4. The amount of Plaintiff s claim is $7,285.46. WHEREFORE, Plaintiff demands Judgment against Defendants in the amount of $7,285.46 plus interest from Mazch 18, 2004, and costs. Date: / ~' < o c S- Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michael T. Traxler, Esquire Attorney I.D.: 90961 36 South Hanover Street Cazlisle, PA 17013 (717)249-0900 VERIFICATION Michael T. Trailer, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attomey, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: October 10, 2005 ~r~A~i~-~~~-~ Michel T. Trailer WHISLER'S WELL DRILLING INC., Claimant v. ROBERTSTONEBRAKER, Defendants. IN THE COURT OF COMMON PLEAS CCJNIBERLAND COUN'T'Y, PENNA DOCKETNO. D~/- 3 ~ f%7 i~r ~i~ ' nJ ~-> - ~-7 MECHANICS' LIEN ~_ ~.- ,`'',` _~ TO: Robert Stonebraker ~,, 230 Oxford Road ~"--' - Gardners, PA 17324 = r: NOTICE OF FILING OF MECHANICS' LIEN GLATM -, J You aze notified that a mechanics' lien claim in the amount of $7,285.46 has been filed on behalf of Wkrisler's Well Drilling against the property located at Pine School Road, Stones Orchard View Park, Gardners, Cumberland County, Pennsylvania, of which you are the owners or reputed owners. The claim was filed on the 15a' day of July, 2004, in the Court of Common Pleas of Cumberland County, Pennsylvania, at the above-referenced Docket Number . A copy of the claim is attached. ...?i1 nff~CCti--i' ~ /..~.-.eT~/ L Michael T. Trailer AttorneyID# 90961 ABOM & KUTULAKIS, L.L.P. 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 --, .~ -r -., ~:, ,_ -n ~~ _'~-~ ~~ i WHISLER'S WELL DRILLING INC., Claimant v. ROBERTSTONEBRAKER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA DOCKET NO. MECHANICS' LIEN MECHANICS' LIEN CLAIM NOW COMES Whisler's Well Drilling, Inc. ("CIattvant" ), by and through the undersigned counsel, and files this claim o£ mechanics' lien against Robert Stonebreaker, pursuant to the Mechanics' Lien Law of 1963, as amended, against the improvements and the property at Stones Orchard View Park, Pine School Road, Gardners, Cumberland County, Pennsylvania for the payment of all debts due Claimant as a contractor for labor and materials furnished in the construction of the improvements. In support of the clairxt, the Claimant makes the following statements: 1. The Claunarrt is Whisler's Well Drilling, Inc., having its principal office at 366-1 Green Springs Road, Newville, Cumberland County, Pennsylvania. 2. The owners or reputed owners of the properly and improvements against whom the claim is filed is Robert Stonebraker and Sandra Stonebraker (the "Owners'. 3. Claimant makes this claim as a contractor. Claimant provided certain work, labor, equipment and materials related to the drilling of a well on Owner's property. Invoices, which describe the work performed in detail, are attached hereto as "Exhibit A" and are incorporated herein. 4. Claimant completed the furnishing of the work, labor and materials that are the subject of this claim on or about March 1 S, 2004. 5. The total amount claimed to be due and owing is $7,285.46 for work performed. 6. The propenysubject to the lien is a mobile home park known as Stones Orchard View Parts, Pine School Road, Gardners, Cumberland County, Pennsylvania, Parcel I.D. No. 40-40-2654-004, Deed Book 248, Page 935, including all equipment that as pan of said structure constitutes fixttues, together with the lot or cartilage appunenant thereto belonging to the same Owner. 7. This lien is claimed from March 17, 2004, the date Claimant commenced performance of the work on the properly herein described and against the Owner's interest in that property. WHEREFORE, Claimant files this claim fox mechanics' lien in the amount of $7,285,46 plus filing and Sheriff's service costs in the amount of $114.00 with interest as provided bylaw: Respectfully submitted, ABOM & KUTULAKIS, L.L.P. `~Zi-r..~~ / ~~ Michael T. Trailer ` AttorneyID# 90961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Claimant VERIFICATION I, Kenneth L. Whirler, herebyverifythat the facts set forth in the foregoing Mechanics' Lien Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are trade subject to the penalties of 18 Pa.C.S. 84904, relating to unswom falsification to authorities. Date: 7' 1 S = ~'~ ~ks~.,,..,t~ _ Kenneth L. Whirler, Authorized Agent Whisler's Well Drilling ~ ~w G . Whislers Well Drilling Tnc. 366-1 Green Springs Road Newville, Pa 17241 Phone: (717) 776-6211 F'ax: (717) 776-9441 Bill To Ship To ROBERT STONEBRAKER WELL STONES ORCHARD V1EW PARK 230 OXFORD ROAD GARDNERS, PA 17324 Invoice Date Invoice ~ 3/23PZ004 4163 P.O. No_ Ship Project Due Dale Terms ?/23/2004 4/7/2004 Net 15 QuantHy Item Code Description Price F~ch Amount Sag DR1000 DR 6" DRi[.[.ING SHALE 6.00 2.088.00 tOS DR6000.PE DRGS/R"STEE4CASINGPLAiN R.50 892.50 105 DRI000.2 DR REAMING SHA1..R a.no a20,00 1 DR6200 DR 6" LUCKING WELL CAP 55.10 55.10 I DR6251 DR 6 1/4" [D DKiVE SHOE ROTARY 75.00 75.00 I DR375 DR ?/8" HOLE PI,i[G SOA' Ia,58 L4,Sg 1 DRGR DR GRUt[T'iNG 578.00 57R.00 CUSTOMER Thank you foryorrrbuisncse Total $4,123.18 Whislsrs Well Arilling Inc. 366-1 Crreel3 Springs Road Ncwville, Pa 17241 Phone: (717) 776-621.1 Fax: (717) 776-9441 Bill To ROBERTSTONEBRAKER STONES ORCHARD VIEW PARK 230 OXFORD ROAD GARDNT:RS. PA 17324 Ship To PUMP Invoice Date Invoice# 4/6/2004 4164 P.Q. No. Ship Project Due Date Terms 3/23/2004 4f21/2004 Net 15 Quantity Item Cade Description Puce Each Amount 1 PUM1502 PtIM 1 Il2ITP 230V 2W TRtKLN MOTO 508.24 508,24 1 PUE212-I PIJE LI SP4FMGS PUMP P.ND -1 1/2 HP BERKELEY 508,24 50824 I PL561 PL 1 1/4" P1TL&SS ADPT 56.26 5626 1 Wi3I00 WISPt.iCEKIT(CLEAR) 3.76 3.76 3 WI1Q1214 Wti/t0-12-14STAKON 0.24 0,72 6 PL540 PL 3/4"Xi 1/2"CLAMP 16SS 1,12 6.72 160 PI125709 PI11/4"SFIUR-ALIGN PVCS80 1,16 185.60 ZIS WII2.2ll0 WI 12.2 FLATW/GROUND 0.36 77.40 30 P1302095 PT 3" PVC S/17 SOLD 0.76 22.80 t PL576 PL FOAM SPRAY 10.20 10.20 1 DR 1200 t7R HOIST TRUCK 45.00 45.00 1 W[7561 Wl2" WONDER TAPE 7,98 7.95 1 Bk125200 BR 1 1!4" M1P X 1 1/4" INSERT 6.70 6,70 t BRI251R0 BRI1/4"90FiP 16.36 16.36 t BR125100 BR I i/4" X 2" NIPPLE. 6.02 6.02 I BR125220 BR 1 I/4" 80 E CHECK Vr1LVE 25.20 25,20 ] RR125t90 BR 1 1/4" X I" BUSt11NG 3.52 3.52 I PRt006 PR 1^ MIP SCH40 0.75 0.78 1 PR1003 PR i" COUP SCH 40 0.40 0.40 1 PL1000-2 PL LABOR FOR 15T HOUR 70.00 70.00 14.5 PL1000 PL LABOR 45.00 652.50 2 EXiG00 EX CATBACKHOESF.,RViCR 65,00 130.00 I EX1650 EX CAT RACKHOE MOVING TEE 65,00 GS.o0 CU3TOMF_R Thank you for your buisneax TOE{ $2,409.40 VT'Uislers Well Drilling Inc. 366=] Green Springs Road Newville, Pa 17241 Phone: (717) 776-6211 Fax: (717)776-9441 Blll To ROBERTSTONEBRAKER STONES ORCHARD VIEW PARK 230 OXFORD ROAD GARDNERS. PA 17324 Invoice Date Invoice # 4!6/2004 4162 Ship To NEW WATER IJNE INSTAI_LATIDN P.O. No. Ship Project Due Date Terms 3/23/2004 481/2004 Nd 15 Quantity Item Code Description Price F~ch Amount G5 PIt25309 PI 1/4" AQUA-JET 160# I.16 75.40 1 BR1251R0 BR 1/4" 90 FLIP 16.36 16.36 1 88125190 BR I/4^X I"BUST#iNG 3.52 3.52 1 $810190.1 BR i" X 3/4" BUSH 2.08 2.OR 1 VA7511U VA3/4"BALL VALVE THREAD 6.38 6.Sg l 8875120 BR 3/4" BOILER DRAIN 3,82 3.82 2 $875160 BR 3!4^ MtP X 3/4" INSERT 2.66 5.32 1 BR] 25159 BR 1 1/4" TEE INSERT 13.24 13.24 1 VA12S100 VA 1 1/4" BALL VALVE THREAD 13.3b 13.36 12 P1,540.1 Pi, I l/16"Xl 1/4" C[.AMP 1255 1.08 t2.% 1 887504 BR 3/4" TEE FIP 2.96 2.96 t $875200 BR 3/4" X 2" NIPP. 2.IR 2.IR 3 $8125200 BR 1 1/4" MtP X 11/4" INSERT 6.70 20.t0 1 pR 1800 DR SAW AND A[.ADE RENTAL 150.00 150.00 i PL1000-2 PL LABOR FOR iST HOUR 70.p0 70.00 3 PL1000 PL LABOR 45.00 135.00 2 FXI600 F.x C.AT BACK11O8 SERVICE 65.00 130.00 2 EX1000-E F..XEXCAVATTONLABOR 45.00 90.00 OFFICE Thank you fvr your buisness Total $7sz.ss WHISLER'S WELL DRILLING INC., Claimant v. ROBERTSTONEBRAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA DOCKET NO. MECHANICS' LIEN CERTIFICATE OF SERVICE .AND NOW, this 15~` day of July 2004, I, Michael T. Trailer, of AsoM & KUI'ULAKIS, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Mechanic's Lien, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Robert L. O'Brien, Esquire O'Brien, Baric ~ Scherer 19 West South Street Carlisle, PA 17013 Attorney for Defendant Michael T. Trailer Attorney f or Plaintiff CERTIFICATE OF SERVICE ON THIS, the l0a' day of October, 2005, I, Michael T. Traxler, Esquire, counsel for Plaintiff, do hereby certify that I have caused a copy of Plaintiffs Complaint to be served upon the following individuals, by Certified U.S. mail: Robert & Sandra Stonebraker c/o Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ~7 . ~' Michael T. Trailer U ~, ~ o ~- ~ -~, ,a ~ ~ ~ ~ t ~ ,; :, ~,~ ~~ -~ 06 WHISLER'S WELL DRILLING, INC Plaintiff v. ROBERT STONEBRAKER and, SANDRA STONEBRAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5300 MECHANICS' LIEN PRELIMINARY OBJECTIONS The defendants appear through their counsel, O'Brien, Baric and Scherer and respond as follows; 1. Pursuant to 49 P.S. Section 1502, the Claimant in a Mechanics Lien Glaim is required to serve the owner within one month of the filing. Mr. And Mrs. Stonebraker hold the property as tenants by the entirety. The notice of the filing was only directed to Mr. Stonebraker. Pursuant to the failure to properly serve the Owners the claim must be stricken. 2. The addition of Sandra Stonebraker to the action, by the filing of this complaint, is precluded by the provisions of 49 P.S. Section 1503 (2). Accordingly, the Defendant's raise the issue of lack of conformity with the statutory requirements. Wherefore, the Defendants' respectfully request that the Mechanics lien claim be stricken. Respectfully submitted, O'BRIEN, BARK & SCHERER ~~ti.~--- Robert L. O'Brien, Esquire I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 I verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert L. O'Brien, Esquire, attorney for Defendants and is based upon statements provided by the Defendants and other persons, as well as documents reviewed by the undersigned as attorney for Defendants. This verification will be substituted and ratified by a verification signed by the Defendant(s) who are presently unavailable to sign said verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~C~- Robert L. O'Brien, Esquire Dated: la aF oS CERTIFICATE OF SERVICE I hereby certify that on October 28, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Preliminay Objections, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael T. Traxler, Esquire Attorney for Plaintiff Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, Pennsylvania 17013 m~~ Robert L. O'Brien, Esquire - ,, ''_ SHERIFF'S RETURN - REGULAR w CASE N0: 2005-05300 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHISLER'S WELL DRILLING INC VS STONEBRAKER ROBERT ET AL BRYAN WARD Sheriff or Deputy t;heriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the STONEBRAKER ROBERT was served upon DEFENDANT at 1745:00 HOURS, on the 25th day of October 2005 at 104 TAGG LANE GARDNERS, PA 17324 by handing to ROBERT STONBRAKER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the' contents thereof. Sheriff's Costs Docketing 18.00 Service 5.76 Postage .37 Surcharge 10.00 .00 34.13 Sworn and Subscribed to before me this !t~" day of ~}'~` .~UO~ A.D. Prot ary So Answers: /i •;~, r R. Thomas Kline 10/28/2005 ABOM & KUTULAKIS By. uty Sheriff SHERIFF'S RETURN - REGULAR • CASE NO: 2005-05300 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHISLER'S WELL DRILLING INC VS STONEBRAKER ROBERT E CPL. BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STONEBRAKER SANDRA the DEFENDANT at 1745:00 HOURS, on the 25th day of October 2005 at 104 TAGG LANE GARDNERS. PA 17324 ROBERT STONEBRAKER by handing to ADULT IN CAHRGE a true and attested copy of COMPLAINT & NOTICE 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 So Answers: R. Thomas Kline 10/28/2005 ABOM & KUTULAKIS Sworn and Subscribed to before me this /~ ~ day of rothono~ y By: ~ ~ L Dep y Sheriff WHISLER'S WELL DRILLING, INC., Plaintiff v. ROBERT STONEBRAKER and, SANDRA STONEBRAKER, Defendants Dear Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5300 MECHANICS' LIEN PRAECIPE Please enter the attached verification to the Preliminary Objections that have been filed in this action. Respectfully submitted, O'BRIEN, BARK & SCHERER ~~ Robert L. O'Brien, Esquire I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. /~e9'us'/ ~ ~ ~ /~ RobertStonebraker ~..; ~ i ~ i a .,"' r^ ['] <n ~-. ~.. c:~ WHISLER'S WELL DRILLING, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Claimant v. ROBERT STONEBRAKER, Defendant NO. 2005-5300 MECHANIC'S LIEN PRAECIPE TO SATISFY AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been satisfied and discontinued with prejudice. Respectfully submitted, ABOM & KUTULAKIS '~ Date: Jason P. Kutulakis, Esquire I.D. # 80411 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Claimant mas.dir/genlitlstonebraker/discontinue.pra c~ ~ o c. a- -n ~_. -~,:;. t'i"s;'. -:~ .. ~ 4'Y'1~ W w~~+C.J 1 ~-~ ~: p ~~ ~ ~ .... "~ ~ '~-iY ~ ..: rt..:_. ~ :% 'ta