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Home My WebLink About05-5819 F\FILES\DAT AFILE\General\Current\11525.2noll Created: 6/20/05 8:09AM Revised: 1118/05 10:08AM Carl C. Risch, Esquire Attorney LD. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- 5' N <j CIVIL ACTION CAMP HILL EQUITIES Owner MECHANICS' LIEN CLAIM NOTICE TO OWNER TO: CAMP HILL EQUITIES, Owner TAKE NOTICE, that on the 7th day of November, 2005, in the Cumberland County Court of Common Pleas, at docket number , Exit 12 Supply, Inc., has filed a MECHANICS' LIEN CLAIM for work done and materials furnished for the construction at the real property located at 3424 Simpson Ferry Road, Cumberland County, Pennsylvania 17013. The amount claimed is $1,147.75, plus interest. For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this notice. F WILLIAMS & OTTO By: I Car . Risch, Esquire Christopher E. Rice 10 East High Street Carlisle, PA 17013 Attorneys for Claimant Date: November 7, 2005 F:\F]LES\DATAF]LEIGeneral\Current\1152S .2.lienl Created: 6/20/05 8:09AM Revised: ]1/7/05 10:24AM Carl C. Risch, Esquire Attorney LD. No. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INe., Claimant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 5" fie; CIVIL ACTION CAMP HILL EQUITIES Owner MECHANICS' LIEN CLAIM NOW COMES, Claimant, EXIT 12 SUPPLY, INC., by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this claim of mechanics' lien against Owner, CAMP HILL EQUITIES, a Pennsylvania limited partnership, pursuant to the Mechanics' Lien Law of 1963, as amended, against improvements and the estate or title of the Owner, for the payment of all debts due Claimant as a subcontractor for labor and materials furnished in the construction at 2798 Ritner Highway, Carlisle, Pennsylvania, herein described, upon the following statements: 1. The claimant is Exit 12 Supply, Inc., having its principle office at 1515 Commerce Avenue, Carlisle, Pennsylvania 17013 (herein, "Claimant"). 2. The owner or reputed owner is Camp Hill Equities, an Pennsylvania limited partnership, with an address at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania, and a business address of3000 Atrium Way, Suite 219, Mount Laurel, New Jersey 08054 (herein, "Owner"). 3. Claimant makes this claim as a subcontractor, who contracted with directly with Starnet Technologies, Inc., d/b/a Caledonia Construction, the Owner's general contractor. Claimant provided certain work, labor, equipment and materials related to the construction at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania. Claimant desires to recover the contract price on all contracts and for value of labor performed and materials furnished. A copy of the invoice describing the materials furnished and purchased by Owner's general contractor for and on behalf of the Onwer is attached hereto as Exhibit" A" and is incorporated herein as the "Invoice." In addition, the following is a list which includes, but is not limited to, the materials furnished and made a part of this claim: I - 6" x 10" 20 gallon CEE studs - $9.65 each; 26 - 6" x 20' ] " x 20 gallon CEE studs - $19.40 each; 31 - 6" x 20' X 20 gallon track - $16.30 each; 3 - Fast Tack 847 Spray Adhesive - $8.30 each; 18 - 2 Way Bullnose Corner - $.70 each; 300 - 8 x 2 5/8" S]2 Screws - $.0235 each; 1000 - 8 x y," Wafer Head S]2 - $.015 each; and 600 - 6 x 7/16" Pan Heads S-]2 $.006 each. 4. Claimant completed the furnishing of the work, labor, and materials that are the subject of this claim on July 18,2005, upon the Owner's general contractor picking up the same. The general contractor failed to pay the balanced owed to Claimant. 5. Claimant furnished all lumber, nails, spray, hardware, and all other materials required to be furnished by him, including those listed in Paragraph 3 above and those listed under the invoice. 6. The labor was performed and the materials were furnished with the knowledge and consent, and at the request, of the Owner's general contractor. 7. The total amount claimed to be due and owing is $1,147.45 for, but not limited to, materials furnished. Claimant sent the Owner notice of his intention to file this mechanic's lien on September 20, 2005. A true and correct copy of the letter is attached hereto as Exhibit "B" and incorporated herein by reference. 8. The property subject to the lien are the real property and improvements located at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania, more fully described in the Deed dated March 30, 1993, and recorded on April 2, 1993, in Deed Book 36-E, Page 1186, in the Recorder's Office of Cumberland County, Pennsylvania, tax parcel number, including all equipment that as part of said structure constitutes fixtures, together with the lot or curtilage appurtenant thereto belonging to the Owner. A copy of the Deed is attached hereto as Exhibit "C" and incorporated by reference. Owner id the fee simple owner of the real property described herein and as set forth in the Deed. 9. This lien is claimed from July 18,2005, the date Claimant furnished the materials to be used on and for the property listed in Paragraph 8 above, and against the Owner's interest in the same property. WHEREFORE, Claimant files this claim for mechanics' lien, in the amount of$I,147.45, with interest and costs as provided by law, and any other relief this court deems appropriate. ~W'F WILLIAMS & OlTO Carl C. Risch, Esquire PA Attorney I.D. 75901 Christopher E. Rice PA Attorney I.D. 90916 10 East High Street Carlisle, PA 17013 Attorneys for Claimant Date: November 7, 2005 . EXiT 12 SUPFL Y lNe. 1515 COMMERCE AVE CARLISLE, PA 17013 Invoice -- -- Date Invoice # 7/18/2005 30701 l Ji1~ 1::' Shi::: To ---! Caledonia Construction 1845 Market Street 2nd Floor Camp Hill, Pa. 17011 P.O." 05-10548 Gish Furniture J I T---~ '/ -- I P.O. Number J Terms Rep Ship Via F.O.B. Project i~~~-i05_10548 I--~:=cceiPt .. -- Carla 7/18/2005 Picked up T I Ouantity Item Code Description Price Each I Amuunt ---..,""~---- --- , I Merchandise 6" X 10' X 20ga. CEE Studs 9.65 9,65T I 26 S-6CEE2020 16" X20' 1 "X 20ga. CEE Studs 19.40 504.40T 31 C-b I_JJ.20 6" X 2()' X 20gEl ['f(l':K ~ 6.30 jOj.3UT J ADH'.\DH847 Fast Tack 847 Spray Adhesive 8.30 ! 24.90T 18 \'R-BULL-000903 2 WAY BULLNOSE CORNER r; ~';') i J2.60T 300 I SD..DWS 12-0R258P 8 X 2 5/8" S 12 Screws U023~ I 705T I ) ,\lOO I ~n-MTDSI2,080\.. 8X 1/2" WAFER HEAD S] 2 0015/ I:O~~ I GOO' SO-S I 2-077 1 6:iP 6 X 7116" PAN HEADS S-12 0.006 .).~ j, PA Sales Tax fI.OD'!;,! 64.05 I I I We appreciate your prompt payment. Total $1,147.45 l J EXHIBIT "A" . )11 812005 10:23 7172586043 i : ,~,:llB'lI,":W'I_- - lli0S/20B5 10;14 7172431859 EXIT TWELVE SUPPLY MDWO PAGE 01 PAGE 02/02 VERIFICA nON I. Ray E. Griffie, I'residllnt, Exit 12 Supply, /'.ftc., acknowledge I bave the: authority to execull> this Verification oD behalf of Exit 12 Supply, 1J:l:. and certifY the foregoing Mec:h8nics Licn Claim is based Upoll iPfomll!tioll which hu beoo pthen:d by my cOUllSel in the preplll'ation of the lawsuit. The langu~ of this Complaint is that of ~ounsel and not my O'lVll. I have read the Qocumenl and to the extent the Complllint is based upon inf01'll1ation which I have given to my cOUllBflI. it is tnle and correct to the beSl of my knowledge, infOunatiOll and belief. To the extllr1t the content of the Comphunt i~ that of oounsel, I have relied. upon CCl\lll$\lI in maJeins this Verification. Thi. statement IlIld Verification arc made subject to the penalties of 18 Pa. C.S. ~ 4904 reJatill8 to unsworn fiUsificllt'.QD to authorities, whioh provides th.at if I knowingly mw {alllt aVern1enlj, r lTlIlY be subject to criminal penalti",. EXIT 12 SUPPLY, INC. e;z(~ 0 ..., c: (. :~.3 0 c.:::> , cf' ~n =. 0- n 1;'-~ :?"~ ':J!.,., ;& c' . F -: fl1f-"; . -om V, co :Oy ...:, .- ~.~.~ (I_j 0 <Y> 7.: ..0. L .. .~~. ?') c r:: ~~51 [I \.' .c " {-:; 1'., ?o c' 0' .< ---------- F:\fILES\DAT AFILE\General\Currentll 1525.affl Created: 7/6/05 10:33AM Revised: 11122105 2:43PM Carl C. Risch, Esquire Attorney J.D. No. 75901 Christopher E. Rice, Esquire Attorney J.D. No. 90916 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- 5819 CIVIL ACTION CAMP HILL EQUITIES Owner AFFIDAVIT OF SERVICE On November 8, 2005, I served by certified mail, return receipt requested, restricted delivery, a copy of the Mechanics' Lien Claim that was filed on November 8, 2005, to Camp Hill Equities or its representative. Attached hereto are true and correct copies of the Return and Mechanics' Lien Claim Notice as Exhibits "A" and "B," respectively. u~ > rt" Christopher E. Rice, Esquire SENDER COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front If space permits. 1. Article Addressed to: ~ ~7)11;Cf dawaJ-/ fUJ oros-y 2. Article Number (rransfer from service label) PS Form 3811. February 2004 D._ delivery address different from item 11 If YES, enter delivery address below: 3. Service Type 'r9tCertffied Mall 0 Express Mail 6 Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. '" "'""" . ~ {E.anl Feel 7005 0390 0003 2636 5115 l02595-02-M-154Q Domestic Return Receipt '" "" "" en U.S. Postal Service". CERTIFIED MAIL".. RECEIPT (Domestic Mai{ Only; No Insurance Coverage Provided) .JJ en .JJ ru en CJ CJ CJ CJ IT" en CJ ">_. ;r<" 'i;"."" \' .:+,\ \' . L~iIr HI d80s4j Postage $ Certffied Fee Return Receipt Fee (Endorsement Required) Restricted D91ivery Fee (Endorsement Required) $2.30 n.75 U.SO $ $8.15 Total Postage & Fees en CJ .", CJ ['- EXHIBIT "A" . ----------. F.\FLLES\DAT AFILEIGeneraIIC\Jrrent\1 J 525.2 not I Created: 6120/05 8:09AM Revised: 11/8/05 IO:08AM Carl C. Risch, Esquire Attorney LD. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C) ...., L~ , C) r' ,-::J .., .:-,"" ..... -- ; t'I'i ~ '" i .. I " ..; C) (1 1'.) EXIT 12 SUPPLY, INC., Claimant r--:' IN THE COURT OF COMMON PLEAS Ol~:) CUMBERLAND COUNTY, PENNSYL VANIA r.': : ,,~~ '--<... v. NO. 05- s'J"/? CIVIL ACTION CAMP HILL EQUITIES Owner MECHANICS' LIEN CLAIM NOTICE TO OWNER TO: CAMP HILL EQUITIES, Owner TAKE NOTICE, that on the 7th day of November, 2005, in the Cumberland County Court of Common Pleas, at docket number 0(") '6'/ '1 , Exit 12 Supply, Inc., has filed a MECHANICS' LIEN CLAIM for work done and materials furnished for the construction at the real property located at 3424 Simpson Ferry Road, Cumberland County, Pennsylvania 17013. The amount claimed is $1,147.75, plus interest. For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this notice. F WILLIAMS & OTTO By: I Car . Risch, Esquire Christopher E. Rice 10 East High Street Carlisle, P A 17013 Attorneys for Claimant Date: November 7, 2005 EXHIBIT "B" CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certifY that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Camp Hill Equities 3000 Atrium Way, Suite 219 Mount Laurel, NJ 08054 MARTSON DEARDORFF WILLIAMS & OTTO BY~V{' Q,uce; M Price 10 Ea 19h Street Carlisle, P A 17013 (717) 243-3341 Date: November blj/, 2005 ------- Q c, r' ) ~' ,: ,'-' r.,) <~ - Carl C. Risch, Esquire Attorney !.D. No. 75901 Christopher E. Rice, Esquire Attorney 1.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Claimant/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5819 CIVIL ACTION CAMP HILL EQUITIES Owner/Defendant MECHANICS' LIEN CLAIM NOTICE 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 orrelief requested by the Plaintiffs. 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 HA VEALA WYER, GOTOOR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 F\F1LES\DATAFlLE\General\Current\11525.2.com I Created 6120/05809AM Revised 3/1/06 11:58AM Carl C. Risch, Esquire Attorney !.D. No. 75901 Christopher E. Rice, Esquire Attorney !.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., ClaimantIPlaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5819 CIVIL ACTION CAMP HILL EQUITIES Owner/Defendant MECHANICS' LIEN CLAIM COMPLAINT TO ENFORCE MECHANICS' LIEN NOW COMES, Claimant/Plaintiff, Exit 12 Supple, Inc., by and through his attomeys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this complaint in action upon Mechanics' Lien, averring as follows: I. The Claimant/Plaintiffis Exit 12 Supply, Inc., having its principle office at 1515 Commerce Avenue, Carlisle, Pennsylvania 17013 (herein, "Plaintiff'). 2. The Owner/Defendant is Camp Hill Equities, a Pennsylvania limited partnership with an address of3424 Simpson Ferry Road, Camp Hill, Pennsylvania, and a business address of3000 Antrim Way, Suite 219, Mount Laurel, New Jersey 08054 (herein, "Defendant"). 3. Plaintiff was hired as a subcontractor by Stamet Technologies, Inc" d/b/a Caledonia Construction, the Defendant's general contractor (herein, "Contractor") to provide certain labor and materials to the real property at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania (herein, the "Real Property"). See Mechanics' Lien Claim attached hereto as Exhibit "A" and incorporated herein by reference. F.\FLLES\DAT AFILE\Geoeral\Current\!] 525.2.001 1 Created: 6/20105 8:09A.\II Revise<!: ! liS/OS IO.OSAM Carl C. Risch, Esquire Attorney J.D. 75901 Christopher E. Rice, Esquire Attorney J.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff (J ,- ...., c....) ':~::o -=...r1 c: ~, .~. ..: I C) r",) EXIT 12 SUPPLY, INC., Claimant 1" IN THE COURT OF COMMON PLEAS O{P") CUMBERLAND COUNTY, PENNSYL VANIA v. NO.05-/)':;/? CIVIL ACTION CAMP HILL EQUITIES Owner MECHANICS' LIEN CLAIM NOTICE TO OWNER TO: CAMP HILL EQUITIES, Owner TAKE NOTICE, that on the 7th day of November, 2005, in the Cumberland County Court of Common Pleas, at docket number 0(-) "If I 'I , Exit 12 Supply, Inc., has filed a MECHANICS' LIEN CLAIM for work done and materials furnished for the construction at the real property located at 3424 Simpson Ferry Road, Cumberland County, Pennsylvania 17013. The amount claimed is $1,147.75, plus interest. For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this notice. F WILLIAMS & OTTO By: I Car . Risch, Esquire Christopher E. Rice 10 East High Street Carlisle, P A 17013 Attorneys for Claimant Date: November 7, 2005 EXHIBIT "A" (J -n ..... ~r: -n r II r~ -,-,i., ,- iLJ . ~; (~') ~ (-~, ,:-.'1 . ..' ~ ,.. :'J .-.::: F\FILES\DA T AFlLE\GeneraJ\Currem\ll 515.1.lienl Creared 6120/05 B09AM Revised: 1]17/05 1O:::!4AM Carl C. Risch, Esquire Attorney J.D. No. 75901 Christopher E. Rice, Esquire Attorney J.D. No. 90916 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXIT 12 SUPPLY, INC., Claimant v. NO.05- .Y;; n CIVIL ACTION CAMP HILL EQUITIES Owner MECHANICS' LIEN CLAIM NOW COMES, Claimant, EXIT 12 SUPPLY, INC., by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and files this claim of mechanics' lien against Owner, CAMP HILL EQUITIES, a Pennsylvania limited partnership, pursuant to the Mechanics' Lien Law of 1963, as amended, against improvements and the estate or title ofthe Owner, for the payment of all debts due Claimant as a subcontractor for labor and materials furnished in the construction at 2798 Ritner Highway, Carlisle, Pennsylvania, herein described, upon the following statements: 1. The claimant is Exit 12 Supply, Inc., having its principle office at 1515 Commerce A venue, Carlisle, Pennsylvania 17013 (herein, "Claimant"). 2. The owner or reputed owner is Camp Hill Equities, an Pennsylvania limited partnership, with an address at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania, and a business address of 3000 Atrium Way, Suite 219, Mount Laurel, New Jersey 08054 (herein, "Owner"). 3. Claimant makes this claim as a subcontractor, who contracted with directly with Starnet Technologies, Inc., d/b/a Caledonia Construction, the Owner's general contractor. Claimant provided certain work, labor, equipment and materials related to the construction at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania. Claimant desires to recover the contract price on all contracts and for value of labor performed and materials furnished. A copy of the invoice describing the material5 furnished and purchased by Owner's general contractor for and on behalf of the Onwer is attached hereto as Exhibit "A" and is incorporated herein as the "Invoice." In addition, the following is a list which includes, but is not limited (0, (he materials furnished and made a part of this claim: I - 6" x 10" 20 gallon CEE studs - $9.65 each; 26 - 6" x 20' I" x 20 gallon CEE studs - $19.40 each; 31 - 6" x 20' X 20 gallon track - $16.30 each; 3 - Fast Tack 847 Spray Adhesive - $8.30 each; 18 - 2 Way Bullnose Corner - $.70 each; 300 - 8 x 2 5/8" SI2 Screws -$.0235 each; 1000-8x Y:z" WaferHeadS12 -$.015 each; and 600- 6x 7/16" Pan Heads S-12 $.006 each. 4. Claimant completed the furnishing of the work, labor, and materials that are the subject of this claim on July 18,2005, upon the Owner's general contractor picking up the same. The general contractor failed to pay the balanced owed to Claimant. 5. Claimant furnished all lumber, nails, spray, hardware, and all other materials required to be furnished by him, including those listed in Paragraph 3 above and those listed under the InVOice. 6. The labor was performed and the materials were furnished with the knowledge and consent, and at the request, of the Owner's general contractor. 7. The total amount claimed to be due and owing is $1,147.45 for, but not limited to, materials furnished. Claimant sent the Owner notice of his intention to file this mechanic's lien on September 20, 2005. A true and correct copy of the letter is attached hereto as Exhibit "B" and incorporated herein by reference. 8. The property subject to the lien are the real property and improvements located at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania, more fully described in the Deed dated March 30, 1993, and recorded on April 2, 1993, in Deed Book 36-E, Page 1186, in the Recorder's Office of Cumberland County, Pennsylvania, tax parcel number, including all equipment that as part of said 5tructure constitutes fixtures, together with the lot or curtilage appurtenant thereto belonging to the Owner. A copy ofthe Deed is attached hereto as Exhibit "c" and incorporated by reference. Owner id the fee simple owner of the real property described herein and as set forth in the Deed. 9. This lien is claimed from July 18, 2005, the date Claimant furnished the materials to be u5ed on and for the property listed in Paragraph 8 above, and against the Owner's interest in the same property. WHEREFORE, Claimant files this claim for mechanics' lien, in the amount of$I,147.45, with interest and costs as provided by law, and any other relief this court deems appropriate. F WILLIAMS & OTTO By: Carl C. Risch, Esquire PA Attorney I.D. 75901 Christopher E. Rice PA Attorney I.D. 90916 10 East High Street Carlisle, P A 17013 Attorneysfor Claimant Date: November 7, 2005 EXIT 12 SUPPLY me. ~nvoice 1515 COMl'vIERCE AVE C/cP1ISLE, PA 17013 ~__--oat~---- 7/181:2005 Invoice # 30701 '-'-----'--'----------------'-'-----1 r-----...-~----.--,.-.-,,---- I . Caledonia Construction 1845 Market Street 2nd Floor Camp Hill, "a, 17011 --_._.~~._._.__._..._-_...........j . .__._--,..._._-"-----._-_._.__.~._------~_._------,-",..... P.O.;i 05-10548 Gish Furnitu....e _J I I l ;-- T Ship Via i F).a. Number I Terms Rep F.O.B. Project i-;~-"05-10548-t-~~c on receipt .. - -- Carla 7/18/2005 Picked up i----.----r- ' -r' , ()uantity item Code Description Price Each J Amount "---..----- , 1 Merchandise 6" X 10' X 20ga, CEE Studs 9,65/ 9.65'1' I 26 S-6CEE2020 6" X 20' 1 "X 20ga. CEE Studs i940 504.40T I j I -{-bl.-)jiO 6;0 .:< lV' X .Wgi'l. Tnl..';{ I b..JI! I '~~~~~ I 3 ADH,ADHS47 Fast Tack 847 Spray Adhesive 8,30 ! 18 TR-BIJLL-00090J 2 WAY BULLNOSE CORNER T\ ~~. j ",;j: J2.60T 300 SD..DWS 12-0R258P S X 2 5/8" S12 Screw, 0.02.35 j 7.05T 1,000 MT-MTDSI2-0S01.. 8X 1/2" WAFER HEAD Sl2 0.015 15,00'1' GOO SD-S 12-07716SP 6 X 7Il6" PAN HEADS S- j 2 0.006 3.60-; P A Sales Tax 6.00o/" 64.95 \.ic: appreciate your prompt payment. Total $1,147.45 EXHIBIT "A" 11/08/2005 10:23 7172586043 ; cl,RIfil,,::I&1lIlli' - lli08/2BB5 10:14 7172431659 EXIT TWELVE SUPPLV MDWO PAGE 01 PAGE: 02/02 VERlt:ICA TION 1. Ray E. Gdffic. I'resident, Exit 12 Supply, Inc., ACknowledge I have ~ authority to execute this Verification on. behalf of Exit 12 Supply, Jr.c. and certifY the foregoing MeclWlics Lien Claim is b8!led upon illfonnation which has been gathc:red by my counsel in th.e preparation oftbe lawsuit. The JlItlgua~ oftbis COmplaint .is that of QOUllSeI and not my own. I have read the l!ocument and to the extent the Complaint j! based 1lpOII infonnation which I have given to my counsel. it is trIle and correct to the best of my knowledge. information and belief. To the IlXtllIlt tho cll1llent oithe Complaint i~ that of oounsel, I have reliM upon caun.sel in making this VerificBtion. This statement And Verification IInl made subject to the penalties of 18 Pa. e.s. 9 4904 relatill8 to UI1SWOm falsiflOat.Oll to authorities, which provides that if I knowingly mw falae averment., I may be subject to c:rimioBl pcnaltil!8. EXIT 12 SUPPLY, INC. r3"1t~ EXIT 12 SUPPL Y fNe. Invoice 1515 COMMERCE AVE e.\RLlSLF. PA 17013 Date Invoice # -I J0701 i 1!lgl1005 Bill To Ship To Caledonia Con::;tmcti(ln I X45 \larket Street ~nd Floor Camp IfilL Pa. 17011 P.O. .:F 05-1 05.~S Ciish Furniture PO Number Terms Rep Ship Via F.O.B. Project -- )'; 1_i05_1 O:5.~~ D\l~ l'n rcccirt Carl<I 711 ~/1005 Picked up ,- T Cuantity item Code Description Price Each Amount -.,.- I \kn.:h,mdise 0" X 10' X .20ga. CEE Studs ')f1) '),b5T i 26 S-6CEE2020 6" X20' \ "X 20ga. CEE Studs IY-I.U 50..f...HYJ 31 T-6T2n20 6" X 20' X 10ga. Track :I..}I} 5iJ5.3u'r 3 (DII' \[)HX47 FastL.\..::l847 Spray-\dhesi'vc 8.31) 24.90] i l'S TR-flLU.-OOO90J 2 WAY BULLNUSF COR"ER ) , J1,1',()T 1 3nn! ";;U-D\.."S! 2-0R258P 8 X 2 5/8" S12 SCTe'v\s I) Ii?,;'; 7,OSl 1.000 I \IT-\ITDS 12-080 I... XX I'')'' WAFER HF,\D S 12 i).'llj I ~.iJnr , ,- 1)00 SLJ-,: 1-0nlbSP 6 X 7116" P,\N HEAU, ";-12 I).I)()(, ., ,n~'i I PA Sales. rax (J.no<J,') h4.95 I I , I I We appreciate your prompt payment Total SI.147,45 EXHIBIT "B" I .' VERIFICATION I, Ray E. Griffie, President, Exit 12 Supply, Inc., acknowledge I have the authority to execute this Verification on behalf ofExit 12 Supply, Inc. and certifY the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that if! knowingly make false averments, I may be subject to criminal penalties. EXIT 12 SUPPLY, INC. ~~~ CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Complaint to Enforce Mechanics' Lien was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Gary A. Krimstock, Esquire FINEMAN KREKSTEIN & HARRIS, P.c. United Plaza 30 S. 17th Street, Suite 1800 Philadelphia, PA 19103 and by certified mail, restricted delivery, postage prepaid, addressed as follows: Camp Hill Equities 3000 Antrim Way, Suite 219 Mount Laurel, NJ 08054 MARTSON DEARDORFF WILLIAMS & OTTO By~1LO=u M . Price Ten st HIgh Street Carlisle, PA 17013 (717) 243-3341 Dated: 3/100 ) q I ~.) C~ ~ FINEMAN KREKSTEIN & HARRIS, P.c. By: GARY A. KRIMSTOCK, ESQUIRE Identification No.: 17594 By: KRIST A FRAN KINA FIORE, ESQUIRE Identification No.: 82392 United Plaza 30 South I ih Street, 18th Floor Philadelphia, PA 19103 (215) 893-9300 EXIT 12 SUPPLY, INC. v. CAMP HILL EQUITIES TO Plaintiff YOU ARE H ENCLOSE TWENTY ORAl GAR RIM TOCK, ESQUIRE Attornc.' for Defendants Attorneys for Defendant Camp Hill Equities COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-5819 CIVIL ACTION MECHANICS' LIEN CLAIM PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND MOTION TO STRIKE MECHANICS' LIEN Defendant Camp Hill Equities, by and through its attorneys, Fineman Krekstein & Harris, P.c., hereby respond to Plaintiffs Complaint by filing the instant Preliminary Objection5, and in support thereof, aver the following: STATEMENT OF THE CASE I. Plaintiff, Exit 12 Supply, Inc. filed a Mechanics' Lien on or about November 8, 2005. See Exhibit "A". 2. Through the Mechanics' Lien, Plaintiff seeks payment for work, labor, equipment and materials allegedly used at Defendant's premises. See Exhibit "A". 3. Plaintiff failed to follow the proper procedures set forth in 49 P.S. 91501, et al. 4. There is no evidence that Plaintiff, identified in the Mechanics' Lien as a subcontractor, gave any written preliminary notice to Defendant of its intention to file a Mechanics' Lien pursuant to 49 P.S. 9150I(a). 5. The formal notice of intention to file a Mechanics' Lien was dated September 20, 2005. See Exhibit "B". 6. There are deficiencies in the "formal notice," as required by 49 P.S. 9150I(c) as follows: a. The formal notice was not verified by Plaintiff by affidavit. b. The formal notice contained no statement as to when "preliminary notice" was given. pursuant to P.S. 9150I(c)(7). 7. The contents of the Mechanics' Lien are defective as well: a. Plaintifffailed to cite the date preliminary notice was given to Defendants pursuant to 49 P.S. 9 1503(4). b. Plaintiff failed to allege with sufficient specificity the description ofthe improvement claimed to be subject to the lien pursuant to 49 P.S. 91503(8). 8. The formalities of the Mechanics' Lien statute have not been properly satisfied by Plaintiff, and therefore Plaintiffs Complaint and Mechanics' Lien must be dismissed. 9. Plaintiffs Complaint fails to state a valid cause of action under the Mechanics' Lien statute as set forth above (49 P.S. 91501, et seq.). COUNTl DEMURRER-FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED 10. Defendant incorporates by reference, paragraphs 1 through 9 as though fully set forth herein. 11. In considering a motion to dismiss for failure to state a claim, a court will consider as true all material facts set forth in Complaint as well as all inferences which may be reasonably deduced from the facts of Complaint. Clayton v. McCullough, 670 A.2d 710, 712 (Pa. Super. 1996). 12. 1n considering a motion to dismiss, if Plaintiff fails to state a claim, the trial court should sustain the demurrer. Commw. ofPa. v. Pa. Labor Relations Board, 681 A.2d 157, 159 (Pa. 1996). 13. Any party may preliminarily object to a claim for failure to comply with the Mechanics' Lien Law. See 49 P.S. 91505. 14. A proper claim must be filed within four months after completion of the work pursuant to 49 P.S. s1502(a)(l). 15. As Plaintifffailed to comply with the Mechanics' Lien statute, as set forth above, Plaintiffs Complaint. and the alleged Mechanics' Lien, should be stricken. 16. As over eight months have passed since the completion of the alleged work, Plaintiffha5 failed to set forth a cause of action under the Mechanics' Lien Law. ] 7. Further, because of Plaintiffs multitude of procedural defects (which cannot be cured), in its frail attempt to comply with the Mechanics' Lien statute, Plaintiff should be estopped from amending its alleged claim. WHEREFORE, Defendant Camp Hill Equities respectfully request that this Honorable Court sustain its Preliminary Objections, and enter the accompanying Order dismissing Plaintiffs Complaint and striking the alleged Mechanics' Lien. By: TEIN & HARRIS, P.c. EXHIBIT "A" Carl C. Risch, Esquire Attorney LD. No. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Claimant/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~V A~A (?, , --I -r". ri'~ CAMP HILL EQUITIES OwnerlDefendant -"-1 v. NO. 05-5819 CIVIL ACTION I N MECHANICS' LIEN CLAIM c.) NOTICE 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HA VEALA WYER, 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 ALA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 F\FILES\DA T AFILEI(ienerallCurrentl 1152S .2.cum I Created: 6/20105 g09AM Revised: jlll[)6 1 1:58AM Carl C. Risch, Esquire Attorney 1.0. No. 75901 Christopher E. Rice, Esquire Attorney 1.0. No. 90916 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXIT 12 SUPPLY, INC., Claimant/Plaintiff v. NO. 05-5819 CIVIL ACTION CAMP HILL EQUITIES OwnerlDefendant MECHANICS' LIEN CLAIM COMPLAINT TO ENFORCE MECHANICS' LIEN NOW COMES, ClaimantJPlaintiff, Exit 12 Supple, Inc., by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this complaint in action upon Mechanics' Lien, averring as follows: I. The ClaimantJPlaintiffis Exit 12 Supply, Inc., having its principle office at 1515 Commerce A venue, Carlisle, Pennsylvania 17013 (herein, "Plaintiff'). 2. The OwnerlDefendant is Camp Hill Equities, a Pennsylvania limited partnership with an address of3424 Simpson Ferry Road, Camp Hill, Pennsylvania, and a business address of3000 Antrim Way, Suite 219, Mount Laurel, New Jersey 08054 (herein, "Defendant"). 3. Plaintiff was hired as a subcontractor by Starnet Technologies, Inc., d/b/a Caledonia Construction, the Defendant's general contractor (herein, "Contractor") to provide certain labor and materials to the real property at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania (herein, the "Real Property"). See Mechanics' Lien Claim attached hereto as Exhibit "A" and incorporated herein by reference. 4. The basis of Plaintiff' s claim is to recover for labor and materials furnished under a contract. 5. Plaintiff provided certain work, labor, and materials related to the construction at the Real Property as 5et forth in the Mechanics' Lien Claim filed in the Court of Common Pleas of Cumberland County, docket number 05-5819, on November 8, 2005, See Exhibit "A." 6. The materials were used in the construction at the Real Property. 7, Plaintiff was not paid in accordance with the invoice attached hereto and marked as Exhibit "B," 8. Plaintiff provided notice to the Owner and, thereafter, filed a mechanics' lien against on November 7, 2005, against said Owner. 9. A lien is claimed against the fee simple interest of the Owner for failure to satisfy the outstanding balance of said invoice. WHEREFORE, Plaintiff demands judgment in the amountof$l ,147.45, with interest as of July 18,2005, costs of suit, and any other relief this court deems appropriate. MARTSON DEARDORFF WILLIAMS & OTTO BY~hrC~t ~c~ /L PA Attorney 1.0. 90916 Carl C. Risch, Esquire PA Attorney I.D. 75901 10 East High Street Carlisle, P A 17013 Attorneys for Claimant Date: February)8 ,2006 F:\FlLESIDAT AFrLE\General\Current\1152S2nctl Created: 6120/05 809AM Revised: 11/8105 JO.08AM Carl C. Risch. Esquire Attorney I.D. 75901 Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PAl 70 13 (717) 243-3341 Attorneys for Plaintiff () r~ ....., ,~'::-"} ':::) c.n 2 ~-; .~..~ I CJ 1'., EXIT 12 SUPPLY. INC., Claimant 1" IN THE COURT OF COMMON PLEAS 0JP=' CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-/)J'19 v. CIVIL ACTION CAMP HILL EQUITIES Owner MECHANICS' LIEN CLAIM NOTICE TO OWNER TO: CAMP HILL EQUITIES, Owner TAKE NOTICE, that on the 7th day of November, 2005, in the Cumberland County Court of Common Pleas, at docket number()(')6/ 'I ,Exit 12 Supply, Inc., has filed a MECHANICS' LIEN CLAIM for work done and materials furnished for the construction at the real property located at 3424 Simpson Ferry Road, Cumberland County, Pennsylvania 17013. The amount claimed is $1,147.75, plus interest. For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this notice. F WILLIAMS & OITO By: I Car . Risch, Esquire Christopher E. Rice 10 East High Street Carlisle, P A 17013 Attorneys for Claimant Date: November 7, 2005 EXHIBIT "A" o on ::;:l "-'""" IIIC -'-1" . - -~ C.) '"I' . -J (1-) -2(':':, ,\'.1 . I ,.- .~ .< F\FILES\DAT AFIlEIGeneraJ\Curremlll525.2.lieM] Created: 6120/0S 809AM Revised: 1117iOS lO?AAM Carl C. Risch, Esquire Attorney 1.0. No. 75901 Christopher E. Rice, Esquire Attorney 1.0. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- S i I'i CIVIL ACTION CAMP HILL EQUITIES Owner MECHANICS' LIEN CLAIM NOW COMES, Claimant, EXIT 12 SUPPLY, INC., by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and files this claim of mechanics' lien against Owner, CAMP HILL EQUITIES, a Pennsylvania limited partnership, pursuant to the Mechanics' Lien Law of 1963, as amended, against improvements and the estate or title of the Owner, for the payment of all debts due Claimant as a subcontractor for labor and materials furnished in the construction at 2798 Ritner Highway, Carlisle, Pennsylvania, herein described, upon the following statements: I. The claimant is Exit 12 Supply, Inc., having its principle office at 1515 Commerce A venue, Carlisle, Pennsylvania 17013 (herein, "Claimant"). 2. The owner or reputed owner is Camp Hill Equities, an Pennsylvania limited partnership, with an address at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania, and a busine5s address of 3000 Atrium Way, Suite 219, Mount Laurel, New Jersey 08054 (herein, "Owner"). 3. Claimant makes this claim as a subcontractor, who contracted with directly with Starnet Technologies, Inc., d/b/a Caledonia Construction, the Owner's general contractor. Claimant provided certain work, labor, equipment and materials related to the construction at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania. Claimant desires to recover the contract price on aJl contracts and for value of labor performed and materials furnished. A copy of the invoice de5cribing the materials furnished and purchased by Owner's general contractor for and on behalf of the Onwer is attached hereto as Exhibit "A" and is incorporated herein as the "Invoice." In :lddition, the following i5 H list which includes, but is not limit~d to, th~ materiHls furnished and made a part of this claim: I - 6" x 10" 20 gaJlon CEE studs - $9.65 each; 26 - 6" x 20' I" x 20 gaJlon CEE studs - $19.40 each; 31 - 6" x 20' X 20 gallon track - $16.30 each; 3 - Fast Tack 847 Spray Adhesive - $8.30 each; 18 - 2 Way Bullnose Corner - $.70 each; 300 - 8 x 2 5/8" S12 Screws - $.0235 each; 1000 - 8 x Y:z" Wafer Head SI2 - $.015 each; and 600 - 6 x 7/16" Pan Heads S-12 $.006 each. 4. Claimant completed the furnishing of the work, labor, and materials that are the subject of this claim on July 18, 2005, upon the Owner's general contractor picking up the same. The general contractor failed to pay the balanced owed to Claimant. 5. Claimant furnished aJllwnber, nails, spray, hardware, and all other materials required to be furnished by him, including those listed in Paragraph 3 above and those listed under the invoice. 6. The labor was performed and the materials were furnished with the knowledge and consent, and at the request, of the Owner's general contractor. 7. The total amount claimed to be due and owing is $1,147.45 for, but not limited to, materials furnished. Claimant sent the Owner notice of his intention to file this mechanic's lien on September 20, 2005. A true and correct copy of the letter is attached hereto as Exhibit "B" and incorporated herein by reference. 8. The property subject to the lien are the real property and improvements located at 3424 Simpson Ferry Road, Camp Hill, Pennsylvania, more fully described in the Deed dated March 30, 1993, and recorded on April 2, 1993, in Deed Book 36-E, Page 1186, in the Recorder's Office of Cumberland County, Pennsylvania, tax parcel number, including aJl equipment that as part of said structure constitutes fixtures, together with the lot or curtilage appurtenant thereto belonging to the Owner. A copy of the Deed is attached hereto as Exhibit "C" and incorporated by reference. Owner id the fee simple owner of the real property described herein and as set forth in the Deed. 9. This lien is claimed from July 18.2005, the date Claimant furnished the materials to be used on and for the property listed in Paragraph 8 above, and against the Owner's interest in the same property. WHEREFORE, Claimant files this claim for mechanics' lien, in the amount of $1,147.45, with interest and costs as provided by Jaw, and any other relief this COllrt deems appropriate. F WILLIAMS & OTTO By: Carl C. Risch, Esquire PA Attorney J.D. 75901 Christopher E. Rice PA Attorney J.D. 90916 10 East High Street Carlisle, P A 17013 Attorneysfor Claimant Date: November 7, 2005 EXIT 12 SUPPLY INC. ]nvojc>r 1:::15 COMIYIERCE AVE CA~'UISLF, PA ]7013 [ji ------rr;- Date ,,~nvoice # 7/18(2005 j J0701 -----.------------------.---.----.-1 r----. I I Caledonia Construction 1845 Market Street 2nd Floor Camp Hill, ra. 17011 P.O. # 05-10548 Gish Furniture ! r - I P.O. Number' Terms Rep Ship Via F.O.B. Project !. f'~- #OS-l:-;r- Due on receipt - Carla 7118/2005 Picked up I Quantity Item Code Description Price Each I Amount -~--- , 1 Men.:handise 6" X 10' X 20ga. CEE Studs 9.65 965T I 26 S-6CEE2020 6" X 20' 1 "X 20ga. CEE Studs 19.40 504.40T j t .f-61'~1)-_W 6" ;( LV' X 20gEI. Tr(1,-~k ;6.30 .50j.3((( 3 ADH-ADH847 Fast Tack 847 Spray Adhesive 8.30 24.90T ]8 TR-BULL-000903 2 WAY BULLNOSE CORNER 0"'," 12.60T '''-''}! 300 SD-DWS12-082S8P 8 X 2 5/8" S]2 Screw, 0.0235 f 7.05T ],000 MT-MTDSI2-0801.._ 8X 1/2" WAFER HEADSI2 0.015 15.00T GOO SD-S 12-07716SP 6 X 7/16" PAN HEADS S-12 0.006 3.60'[' P A Sales Tax 6.000'-:" 64.95 Y"e appreciate your prompt payment. Total $1. 1 47..J5 . . 11/08/2005 10:23 7172586043 f i' ~ .t~';Jwt,,,jf~-- lli0812tJe5 10: 14 7172431650 EXIT TWELVE SUPPLY MDWO PAGE 01 PAGE 021~2 VERIFlCA nON 1. Ra"v E, Gliffie. President, Exit 12 Supply, JJlC, lI(:krwwledge I have the authority to execute Ibis Verification on behalf of Exit 12 Supply, h:G. and ~ertify the foregoing Mec:h.ani<:s Lien Claim is b8.led upon iofonnation which has beta pthered by my counsol in the preplll'atiol1 of1he lawsuit, The language oftbis Complaint is that of ~oUllSel and not my own. I have read the liooumen.t and to \he extmt the Complaint is based upon information which I have given 10 xny counsel, it is trUe and correct to the best of my knowledge. infounation and belief. To thelllCtllnt the <:onlent of the Comphlint is that of oCl\lllSel, I have relie<l upon COWl$el in maki128 this Verification. ThI. ststem.em 4/Jd Verification are made subject 10 Ihe pCllA1UC8 of 18 Pa. e.s. ~ 4904 rclatina to UIliWOm falsificat;OIl to authoritica, which provides 1hat if I knowingly mw fallle aVernI$ntl, Illl8Y be subject to mmio8.\ pen8.\ties. EXIT 12 SUPPLY, INC. ~~~~ ay E. e, Presi EXIT 12 SLiPPL Y NC. 1515 COMMERCE AVE C.\RLlSLF, PA 17013 Invoice Date Invoice # 18,2005 30701 Bill To Ship To C:lkdonia Cuns[nJction 1 ~45 .vlarket Stn.:~t 2nd Floor Camp lIill, Pa. 170 II P.O.1 05-1 ()548 Gish Fumlture I PO. Number Terms Rep Ship Via F.O.B. Project ~') 105-10518 Du~ 0[1 rcct::ipt Carla 7/ l ~i2005 Picked up I Ouantity Item Code Description Price Each Amount I \.-Ic;;n.:htuldist: 6" X 10' X lag.. CSF Studs 9.65 9.651' 16 S-6CFF1020 6" X 20' I "X 20ga, CEE Studs 19AO S04.40T 31 T-6n020 6" x 20' X 20ga. Tra<:K ',6.3l) 505.JUT' 3 ,\ Dfi-'\D H84 7 fast Tack 847 Spray Adht:si...e 8.30 24,90]' 18 lR-BU,L-000903 2 WAY BULI.NOSE COR~ER (J.'"',":I 1:!.Mn 300 <;D-DWSI2.0R'258P 8 X 2 5/8" S 12 Screw, I) Ir2J~ ~ 7.05T J,OO() \.JT-M'IDSI2-0801 .. 8 X 1/2" WAFER HEAD S12 f),1)15 [5.0t) r f)OO SD.SI2-07716SP 6 X 7116" PAN HEADS S-12 OO()O 'J.a!)! P A Sales Tax 6.00<>''1 64.Q) We appreciate your prompt payment. Total SI.147AS EXHIBIT "BU VERI FICA nON I, Ray E. Griffie, President, Exit 12 Supply, Inc., acknowledge I have the authority to execute this Verification on behalf ofExit 12 Supply, Inc. and certifY the foregoing Complaint is based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties oflS Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that if! knowingly make false averments, I may be subject to criminal penalties. EXIT 12 SUPPLY, INC. ~ ~~~ CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Complaint to Enforce Mechanics' Lien was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Gary A. Krimstock, Esquire FINEMAN KREKSTEIN & HARRIS, P.C. United Plaza 30 S. 17th Street, Suite 1800 Philadelphia, P A 19103 and by certified mail, restricted delivery, postage prepaid, addressed as follows: Camp Hill Equities 3000 Antrim Way, Suite 219 Mount Laurel, NJ 08054 MARTS ON DEARDORFF WILLIAMS & OTTO BY~7t,O,.w M . Price Ten st HIgh Street Carlisle, PA 17013 (717) 243-3341 Dated: \3J1C~ EXHIBIT "B" , ,..# .v1ARJ'SON DEARDORFF WILLIAMS & OTTO , MQWSto TELEPHONE FACSIMILE INTERNET (717) 243-3341 (717) 243-1850 www.mdwQ.com ATTORNEYS & COUNSEL.LORS AT LAW WILLIAM F. MARTSON CARL C. RISCH JOHN B. FOWLER 1Il DAVID A. FITZSIMONS DANIEL K. DEARDORFF DAVID R. GALLOWAY THOMAS J. WILLIAMS" CHRISTOPHER E. RICE Ivo V. OTTO III JENNIFER L. SPEARS GEORGE B. FALLER JR." HILLARY A. DEAN "BOARD CER.TIFIED CIVIL TIUAL SPECIALlS'1 10 EAST HIGl-I STREET CARLISLE, PENNSYLVANIA 17013 September 20, 2005 CERTIFIED MAIL RETURN RECEIPT REOUESTED Camp Hill Equities 3000 Atrium Way Suite 219 Mount Laurel, NJ 08054 RE: 3424 Simpson Ferry Road, Camp Hill, Pennsylvania Subcontractor's Formal Notice of Intention to File a Mechanics' Lien Claim Our File No. 11525.2 Dear Sir or Madam: Please be advised that our client, Exit 12 Supply Inc., is the subcontractor for your contractor, Caledonia Construction. There is presently due and owing to Exit 12 the sum of$1,147.45 for furnishing the supplies and materials as indicated on the attached invoice dated July 18,2005, and numbered 30701 for supplies and materials provided for the construction on your above referenced property. The supplies and materials were purchased and obtained on July 18, 2005, by your contractor. Please accept this as Exit 12's formal written notice of its intention to file a mechanics' lien claim against you unless you make payment to them in the amount set forth above. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO CL~..L c; yJ Christopher E. Rice Enclosure >./cc: Ray Griffie F:\FILES\DA T AFILE\G~neral\Currelll\] 1525 ,2.notic~ INFORMATION. ADVICE' ADVOCACY SM EXIT \2 SUPPLY lNC. 1515 COMMERCE AVE CAELISLE, PA 17013 Invoice -- Date Invoice # 1/IS/2005 30701 Bill To Ship To Caledonia Cunstruction 1845 Market Street 2nd Floor Camp fIill, Pa. 170 II P.O. # 05-10548 Gish Furniture : P.O. Number Terms Rep Ship Via F.O.B. Project i -- , I' ,) #05-10548 Due on receipt Carla 7! 18/2005 Picked up , ---- ! Ouantity Hem Code Description Price Each Amount ---. I :v[crch"wdisc 6" X 10' X 20ga. CEF. Studs 9.65 9.65T i 26 S-6C~E2020 6" X 20' I "X 20g". CEE Studs 19.40 504.40T 31 T-IiTllJ20 6" X 20' X 109,t. Track 16.30 505.]OT 3 ADII. \DH847 Fast Tack 847 Spray Adhesivt~ (-un 2+.90T 18 TR-fJULL-000903 2 WAY BUL.L.NOSF CORNER ()7n 12.IiOT 300 SD-fJWS 12-08258P 8 X 2. 5/8" Sl2 Screw,:, (Jn2]5, 105T 1,000 MT-MIDS 12-0S0 I.. 8 X 1/2" WAFER IIEAD SI2 OJJl5 15.00T 600 SlJ-S 12-07716SP 6 X 7/16" PAN HEADS S-i2 0.006 3.60[' PA Sales Tax 6.000'0 6+.95 1 We appreciate your prompt payment. Total .$1,147'+5 I EXIT 12 SUPPLY, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-5819 CIVIL ACTION v. CAMP HILL EQUITIES MECHANICS' LIEN CLAIM ORDER AND NOW, this day of , 2006, after consideration of the Preliminary Objections of Defendant Camp Hill Equities, and any response thereto, it is hereby ORDERED and DECREED that the Preliminary Objections are SUSTAINED and Plaintiff's Complaint is dismissed with prejudice and its Mechanics' Lien is stricken. J. FINEMAN KREKSTEIN & HARRIS, P.c. By: GARY A. KRIMSTOCK, ESQUIRE Identification No.: 17594 By: KRIST A FRANKINA FIORE, ESQUIRE Identification No.: 82392 United Plaza 30 South 17th Street, 18th Floor Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Camp Hill Equities EXIT 12 SUPPLY, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-5819 CIVIL ACTION v. CAMP HILL EQUITIES MECHANICS' LIEN CLAIM MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND MOTION TO STRIKE MECHANICS' LIEN I. STATEMENT OF FACTS Plaintiff. Exit 12 Supply, Inc. filed a Mechanics' Lien on or about November 8, 2005. See Exhibit "A". Through the Mechanics' Lien, Plaintiff seeks payment for work, labor, equipment and materials allegedly used at Defendant's premises. See Exhibit "A". Plaintiff failed to follow the proper procedures set forth in 49 P .S. I} 1 501, et a1. There is no evidence that Plaintiff, identified in the Mechanics' Lien as a subcontractor, gave any written preliminary notice to Defendants of its intention to file a Mechanics' Lien pursuant to 49 P.S. 1}1501(a). The formal notice of intention to file a Mechanics' Lien was dated September 20,2005. See Exhibit "B". There are deficiencies in the "formal notice," as required by 49 P.S. 1}1501(c) because the formal notice was not verified by Plaintiff by affidavit, and the formal notice contained no statement as to when "preliminary notice" was given. pursuant to P.S. 01501(c)(7). The contents of the Mechanics' Lien are defective as well, because Plaintifffailed to cite the date preliminary notice was given to Defendants pursuant to 49 P.S. g1503( 4) and Plaintiff failed to allege with sufficient specificity the description of the improvement claimed to be subject to the lien pursuant to 49 P.S. gI503(8). The formalities of the Mechanics' Lien statute have not been properly satisfied by Plaintiff, and therefore Plaintiffs Complaint and Mechanics' Lien must be dismissed. Plaintiffs Complaint fails to state a valid cause of action under the Mechanics' Lien statute as set forth above (49 P.S. ~1501, et seq.). II. LEGAL ARGUMENT A. Plaintiff Failed to Adhere to the Mechanics' Lien Statute and Therefore, its Complaint Should be Stricken In con5idering a motion to dismiss for failure to state a claim, a court will consider as true all material facts set forth in Complaint as well as all inferences which may be reasonably deduced from those factual allegations. Clayton v. McCullough, 670 A.2d 710,712 (Pa. Super. 1996). If Plaintiff fails to state a claim, the trial court should sustain the demurrer. Commw. of Pa. v. Pa. Labor Relations Board, 681 A.2d 157, 159 (Pa. 1996), A mechanics' lien claim is subject to preliminary objections in two stages, the first, as an objection against the claim filed, and second, as part of the Complaint. A defendant may raise defects regarding notice of a lien by a demurrer. Shoemaker v. Zerby, 10 Pa. D. & C. 2d 227 (Som. 1958). To effectuate a valid Mechanics' Lien, a claimant must strictly comply with the notice requirements of the statute. Clemleddy Canst" Inc. v. Y ortson, 810 A.2d 693 (Pa. Super. 2002). Since Mechanics' Liens are statutory in nature, compliance with the statute is necessary to effectuate a valid lien. Giansante Y. Pazcuzzo, 206 A.2d 340 (Pa. Super. 1965). If material statements regarding notice are omitted from a Mechanics' Lien, the claim must fail. Assoc. Lumber & Manufac. Co. v. Mastroianni, 98 A.2d 52 (Pa. Super. 1953). Pursuant to 49 P.S. S 1505: Any party may preliminarily object to a claim upon a showing of exemption or immunity of the property from a lien, or for lack of conformity with this act. The court shall determine all preliminary objections. . . . . Therefore, preliminary objections can be raised for failure to conform to the Mechanics' Lien statute. A subcontractor who is claiming a Mechanics' Lien must first give "preliminary notice" to the owner. Pursuant to 49 Pa. P.S. sI501(a), in the case of alterations or repairs, no Mechanics' Lien claim is valid unless written preliminary notice of intention to tile a Mechanics' Lien by a subcontractor is given to the owner on or before the completion of the work. A Mechanics' Lien will be stricken where preliminary notice ofthe intention to file a lien was not glven. Wilson Goodwill Co. v. Cross, 10 Erie 5 (1926). Fllliher, pursuant to 49 P.S. 9150 I (b), formal notice in all cases by a subcontractor nmst be given to the owner, with specified requirements, as well. A notice will not be sufficient and will be rendered defective if the name of the party with whom plaintiff contracted was omitted. Dietz & Machell v. McCann, 27 Lack. 143 (1926). The "formal notice" must also be verified by affidavit for it to be proper. Orlando v. Nick, 94 Pa. Super. 269 (1928). It must be signed by a notary, or it will be stricken. Germick & Friad v. Serling, 46 Luz. L.R. 35 (1956). No Mechanics' Lien claim shall be valid unless at least thirty days expires before the Mechanics' Lien claim is filed with the Prothonotary. 49 P.S. 9\501 (b). Where a claim is filed before the expiration of thirty days of serving the "formal notice" under the statute, the lien will be rendered defective. Shoemaker v. Zerbv, 10 Pa. D, & C 2d 227 (Som. 1958), The "formal notice" must contain a copy of the "preliminary notice" as well. 49 P,S, 91502. After "preliminary notice" and "formal notice" is given, a proper claim must be filed. See 49 P.S. 91503. There are specifIC requirements that must be contained in the Mechanics' Lien claim. Pursuant to 49 P.S. 91503: The claim shall state: (1) the name of the party claimant, and whether he files as contractor or subcontractor; (2) the name and address of the owner or reputed owner; (3) the date of completion of the claimant's work; (4) if filed by a contractor, the name of the person with whom he contracted, and the dates on which preliminary notice, if required, and of formal notice of intention to file a claim was gIven; (5) if filed by a contractor under a contract or contracts for an agreed sum, an identification of the contract and a general statement of the kind and character of the labor and materials furnished; (6) in all other cases than that set forth in clause (5) of this section, a detailed statement of the kind and character of the labor or materials furnished, or both, and the prices charged for each thereof; (7) the amount or sum claimed to be due; and (8) such description of the improvement and of the property claimed to be subject to the lien as may be reasonably necessary to identify them. The statement of the claim is part of the pleadings, and accuracy as to all of the matters of substance, completeness, and precision are necessary as they were in a declaration in the settled and time-honored form. Murphv v. Tavlor, 33 A. 1041 (Pa. 1895). A Mechanics' Lien which omits the statement as to the kind and character of the labor or materials furnished is defective. In re: Lauman's Appeal, 8 Pa. 472 (1948). Further, a Mechanics' Lien is fatally defective and would be stricken off where it claimed simply a lump sum without specifying the work done, materials furnished or the amount oflabor used. Resnick v. Epstein, 63 Pa. D. & C. 669 (1948). In the case at bar, Plaintiff, Exit Supply, Inc. filed a Mechanics' Lien on or about November 8, 2005. See Exhibit "A". Through the Mechanics' Lien, Plaintiff seeks payment for work, labor, equipment and materials allegedly performed at Defendant's premises. See Exhibit "A". Plaintiff failed to follow the proper procedures set forth in 49 P.S. 91501, et al.. There is no evidence that Plaintiff, identified in the Mechanics' Lien as a subcontractor, gave any written preliminary notice to Defendant of its intention to file a Mechanics' Lien pursuant to 49 P.S. 9150 I. Since preliminary notice was not given, the Mechanics' Lien should be stricken. Additionally, there are deficiencies in the "formal notice" dated September 20,2005. The "formal notice" did not state the date and a copy of the "preliminary notice, " pursuant to Pa. e.s. 91501(c)(7). See Exhibit "8." The "formal notice" was also not verified by Plaintiff by affidavit. As there are numerous deficiencies in the formal notice, this is an additional reason for the Mechanics' Lien to be stricken. The contents of Plaintiffs alleged Mechanics' Lien are defective as well. The lien should not be considered to be a claim pursuant to 49 P.S. 91503, because of the numerous fatal defects in the filing and service of the lien. Plaintifffailed to cite in the claim the date preliminary notice was given to Defendant, contrary to 49 P.S. 91503(4). Plaintifffailed to allege with sufficient specificity the description of the improvement claimed to be the subject of the lien pursuant to 49 P.S. 91503(8). The description of the "labor" was general, non-specific, and fails to meet the requirements of the statute. Further, Plaintiff provided a lump sum amount due, without any specificity as to the amount and cost of materials and labor used for the allegcd alterations and repairs. For these reasons, the "Mechanics' Lien" untimely filed on November 8, 2005 should not be deemed a claim, and should be stricken. Finally, as over eight months have passed since the completion of the alleged work, PlaintitT should be estopped from amending its alleged claim, as there were excessive procedural defects which cannot be cured. Plaintiff had four months from the date of the completion of its work to file a proper Mechanics' Lien. This, Plaintiff did not accomplish. Because of Plaintiffs fatal and material failures to comply with the Mechanics' Lien Act, that cannot be cured, Plaintiffs Complaint and the alleged Mechanics' Lien should be stricken. III. CONCLUSION For the foregoing reasons, Defendant respectfully request that Plaintiffs Complaint be dismissed and Plaintiffs alleged Mechanics' Lien be stricken. STEIN & HARRIS, P.C. By: Ga ri tack, Esquire Krista Frankina Fiore, Esquire DATED: 3/2 IID\o CERTIFICATE OF SERVICE I, KRISTA FRANKINA FIORE, ESQUIRE, hereby certify that I have served a true and correct copy of the Preliminary Objections of Defendant to Plaintiffs Complaint and Motion to Strike Mechanics' Lien today via first class mail, postage prepaid upon counsel at the following address: Christopher E. Rice, Esquire Martson, Deardorff, Williams, & Otto 10 East High Street Carlisle. PA 17013 ~ KRISTA FRANKINA FIORE, ESQUIRE DATED: ? 2/ ~Ot, c' ( -~ ",) f',) [,) '-- C) >-n ~ 'T1 , :'1 l -- F:\FILESIDA T AFILE\GeneraJ\Current\ II 525.2.pra Created: 6/20/05 8:09AM Revised: 7n6/06 11 :57 AM Carl C. Risch, Esquire Attorney LD. No. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., ClaimantIPlaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5819 CIVIL ACTION CAMP HILL EQUITIES Owner/Defendant MECHANICS' LIEN CLAIM PRAECIPE To the Prothonotary: Please mark the above captioned matter satisfied, settled and discontinued. MARTS ON DEARDORFF WILLIAMS & OTTO Date: JulyoZ', 2006 BY:&- Jr- <) fL- Christopher E. Rice PA Attorney LD. 90916 Carl C. Risch, Esquire PA Attorney I.D. 75901 10 East High Street Carlisle, PAl 70 13 Attorneys for Claimant _.,.,.. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Krista Frankina Fiore, Esquire FINEMAN KREKSTEIN & HARRIS, P.C. United Plaza 30 S. 17th Street, Suite 1800 Philadelphia, P A 19103 MARTSON DEARDORFF WILLIAMS & OTTO By~'A.Q.-0 Mary Price Ten East High Street Carlisle, PAl 70 13 (717) 243-3341 Dated: 7 /~It ItJl c_,;.-'" ~ ~ c.. ~ ~ ~ . \II ~ r,,__;) """"'- ,... t:> c'-' ~ ~ .- .,._---~ ~ '- r,.) ~ . 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