The URL can be used to link to this page

Home My WebLink About05-6163IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL D. NOSS, JR., Plaintiff CIVIL ACTION - LAW vs NO. ?s,c i1,3 m?e? JOHN D. MCINTYRE, 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 Petition or for any other claim or relief requested by the Petitioner. 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 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL D. NOSS, JR., Plaintiff CIVIL ACTION - LAW vs NO. cs-?+b3 n??? JOHN D. MCINTYRE, Defendant MECHANICS LIEN CLAIM MECHANICS' LIEN CLAIM AND NOW, this al day of November, 2005, comes EARL D. NOSS, JR by his attorney, Robert G. Radebach, pursuant to the provisions of the Act of August 24, 1963, P.L. 1175 No. 497, Article V Section 503 et seq., and makes the following statement of Mechanics' Lien Claim: 1. Plaintiff is Earl D. Noss, Jr., an adult individual residing at 103 Valley Street, Marysville, Perry County, Pennsylvania, and he is the Contractor in this case. 2. The Owner of the premises in question is John D. McIntyre, an adult individual residing at 10476 Stansfield Road, Laurel MD 20707. 3. Earl D. Noss, JR. completed the work in question on August 8, 2005. 4. Earl D. Noss, JR. avers that on or about July 29, 2005, the Contractor commenced work on an apartment building owned by the Defendant for the express purpose of making repairs to the water line supplying water to the subject premises located at 406 Brick Church Road, Enola, Pennsylvania. Work was completed in accordance with an invoice attached hereto as Exhibit "A". 5. The amount claimed to be due is $2884.63. 6. The premises against which this lien is claimed are as follows: ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Michael C. D'Angelo, Registered Surveyor, dated June 13, 1975, as follows: BEGINNING at a point on the westerly side of Brick Church Road (50 feet wide) at the Northeast corner of Lot No. 15 on the hereinafter mentioned Plan, ? said point being measured along said road in a Northwardly direction 269.0 feet from the centerline of Dauphin Street; thence extending from said beginning point along the Northerly side of Lot No. 15 North 82 degrees 15 minutes West 150.0 feet to a pin, on the Easterly side of a 10 foot alley; thence extending along said alley, North 8 degrees 22 minutes East 45.0 feet to a found stake a corner of Lot No. 13; thence extending along said lot, South 82 degrees 15 minutes East 150.0 feet to a found pin on the Westerly side of Brick Church Road; thence extending along said road, South 8 degrees 22 minutes West 45.0 feet to the point and place of BEGINNING. BEING Lot No. 14, Block A on Plan of Lots of Enola Terrace, recorded in Plan Book 1, Page 3. BEING known and numbered as 406 Brick Chur ? / R bert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 Attorney for Plaintiff I verift, that the statements made in this k4EMANTI" l JT--. CLAIM are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pix C.'S.A. §49t14 relating to unsworn falsification to authoritie-'s. Daled: November 30, 2005 Earl D. Noss Jr. 103 Valley Street Marysville, PA 17053 (717) 957-3831 Invoice DATE INVOICE # 4081 E8 8 /7f05 BILL TO SHIP TO Jack Gaughen Realtor 406 Brick Church Road 108 South State Road Enola Marysville, PA 17053 J DUE DATE P.O. NUMBER 9/6P05 DESCRIPTION RATE AMOUNT Replaced water service from meter to curb valve. 2,800.00 Total 2,800.00 > < , f, ?, -? J --1 r? ? ?., . ?, ? C i ?? C;J _ ? liJ ^ an,. r' {L,O ? ° r' ?t ?;y ? IQ v? i.+ n ? t: _ r?? _ C ? ' i? _a r ?. ? % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL D. NOSS, JR., Plaintiff CIVIL ACTION - LAW vs NO. QS?- 6163 JOHN D. MCINTYRE, Defendant MECHANICS LIEN CLAIM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Robert G. Radebach, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above matter and that on December 5, 2005, he sent the original of the attached letter by Certified Mail, Return Receipt Requested, to John McIntyre at 10476 Stanfield Road, Laurel, MD 20707, that enclosed with said letter was a copy of the M matter; and that the return receipt card signed by// been delivered is attached hereto and made a q Sworn and subscribed to before me this 19"' day of December, ?005. Robert G. Lien Claim in the above as having Esquire JOANNE M. HOFFMAN. NOW 14 WIC Haft7"" Owphin County IL m .n I 1,1„r r - I L u p Postage 3 ? - rl Certified Fee 4 - R v,, r Po s[ta?rk l Q Return Rcce,pt Fee .. r r? (Endorsement Required) j - -"-RCas p Restnrted Delivery Fee 1-3 (Endorsement Regmred) -t - - F- Total Postage & Fees $ 1.l l;w rR Sent To?,(?WN1 Ay?'y{--y? i} y' i SLy Apt N VO 9o:? ? r' ate , ZIP 4 ¦ 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 mailpiece, or on the front if space permits. 1. Article Addressed to John (ne Tntyre- rny 7?, Sl ecd / 2. Article Ixumber (Copy from service Ae);eived by (Please Print Cleany; I B. Data of Delivery C. Signature ? Agent ? Atldre D. delivery address different frclf? item 19 ? Yes If YES, enter delivery address below: ? No 3. Service Type VQWified Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Feat ? yes , July 1999 Domestic Return Receipt 102595-99-M-1]69 N U ? r ` rt nsr- ?;: ? tt) c-? =; r:. ?J f h) ?) A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL D. NOSS, JR., Plaintiff CIVIL ACTION - LAW vs NO. 05-6163 MLD JOHN D. MCINTYRE, Defendant : MECHANICS LIEN CLAIM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims setforth in the following pages, you musttake 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 maybe entered against you by the Court without further notice for any money claimed in the Petition orfor any other claim or relief requested by the Petitioner. 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 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL D. NOSS,JR., Plaintiff VS JOHN D. MCINTYRE, Defendant CIVIL ACTION - LAW NO. 05-61 63 MLD MECHANICS LIEN CLAIM COMPLAINT 1. Plaintiff is Earl D. Noss, Jr., an adult individual residing at 103 Valley Street, Marysville, Perry County, Pennsylvania, and hs is the contractor in this case. 2. Defendant is John D. McIntyre an adult individual residing at 10476 Stansfield Road, Laurel, Maryland 20707. 3. On December 20, 2005, Plaintiff filed a Mechanic's Lien Claim docketed to Number 2005 MLD 6163, a copy of which is hereby incorporated by reference hereto. 4. Plaintiff avers that work was performed totaling $2884.63 as set forth in Exhibit "A" which is attached hereto and hereby made a part hereof. 5. Despite repeated demands, the Defendant has failed and refused to pay the amount owed. WHEREFORE, Plaintiff demands judgment against the Defendant in the total amount of $2884.63, together with interest fro u 29, 20 plus costs of this suit. Re Robert G. Radebach, Esquire I. D. #1 9255 912 North River Road Halifax, PA 17032 (717) 896-2666 Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. By: `-?-- Earl D, Noss, Jr. Dated: Earl D. Noss Jr. 103 Valley Street Marysville, PA 17053 (717) 957-3831 Invoice DATE INVOICE # 8/7P05 4081 BILL TO SHIP TO Jack Gaughen Realtor 406 Brick Church Road 108 South State Road Enola Marysville, PA 17053 DUE DATE P.O. NUMBER 9/6P05 DESCRIPTION RATE AMOUNT Replaced water service from meter to curb valve. 2,800.00 Total 2,800.00 i l __ ? '11 ? ?_ -J I'J _._ ?'. , . 1 „A John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ipurcellCa-pkh.com EARL D. NOSS, JR., Plaintiff vs. JOHN D. MCINTYRE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 05-6163 MLD MECHANICS LIEN CLAIM NOTICE TO PLEAD TO: Earl D. Noss, Jr., Plaintiff And Robert G. Radebach, Esquire You are hereby notified to plead to the enclosed New Matter within Twenty (20) days from service hereof, or a default judgment may be entered against you. PURCELL, KRUG & Date: ._ ?0 - G BY J urc, Jr. 1719 orth Front Street sburg, PA 17102 (717) 234-4178 I.D. #29955 EARL D. NOSS, JR., vs. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 05-6163 MLD MECHANICS LIEN CLAIM JOHN D. MCINTYRE, Defendant 1. Admitted. 2. Admitted. ANSWER TO COMPLAINT WITH NEW MATTER 3. Denied. The document speaks for itself. 4. Denied as more fully set forth in New Matter below. 5. Denied as more fully set forth in New Matter below. NEW MATTER 6. Plaintiff's response is set forth in paragraphs 1 through 5 are incorporated by reference as if set forth at length. 7. As indicated by the invoice attached to the Plaintiff's Complaint, the work was performed on the Defendant's property at the request of Jack Gaughen Realtor, not at the request of the Defendant. 8. At no time did the Plaintiff ever speak with the Defendant prior to the work being performed. 9. On information and belief, Defendant believes that the aforementioned realtor requested that Plaintiff perform repairs caused by the Water Company when it broke the valve at the street. 10. The repair of the street valve should not have cost more than $500.00 for repairs. 11. Plaintiff's work in "replacing water service from meter to curb valve", at the cost of $2,800.00 is unconscionable, not called for by either the request of the realtor, nor required under the circumstances. 12. Plaintiff's claim is therefore fraudulent in that the Plaintiff "created work" which was not required under the circumstances. 13. In addition, in the process of "replacing water service from meter to curb valve, Plaintiff did not do the work that was required, i.e., repairing the broken valve. 14. As a result, Defendant was required to hire a different plumber to complete the work, costing the Defendant an additional charge of $2,343.00. 15. Combined with the Plaintiff's claim, Defendant has incurred bills of $5,143.00 for a job which should not have cost more than $500.00, all as a result of the Plaintiff's fraud and/or negligence. WHEREFORE, Defendant requests this Honorable Court to deny the Plaintiff's claim, dismiss the Complaint, and award a set off in an amount equal to the Plaintiff's claim. Respectfully submitted, PURCELL, KRUG & HALLER B) 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 VERIFICATION I verify that the statements made in the foregoing Answer to Complaint with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C. S. § 4904 relating to unsworn falsification to authorities. Dated: 3l z 8 LO 7 tD " A J hn D. McIntyre ? L c.. N J I I Robert G. Radebach Attorney for Plaintiff 912 North River Road Halifax, PA 17032 (717) 896-2666 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL D. NOSS,JR., Plaintiff CIVIL ACTION - LAW vs NO. 65-6163 MLD JOHN D. MCINTYRE, 05`tIG3 &4uo Defendant MECHANICS LIEN CLAIM REPLY TO NEW MATTER 6. No answer is required of this averment. 7. Admitted. By way of further answer, while the work may have been ordered by Jack Gaughen Realtor, it was authorized by Defendant and was performed on a rental property which Defendant owned. 8. Admitted. By way of further answer, Plaintiff spoke with an authorized agent of Defendant. 9. Denied as Stated. Plaintiff is without knowledge or information sufficient to form a believe as to the truth of the averment. Strict proof is hereby demanded. 10. Denied. On the contrary, Plaintiff avers that the subject repairs cost the amount set forth in the billing rendered for the subject project by Plaintiff and strict proof of the averment is hereby demanded. 11. Denied. On the contrary, Plaintiff avers that the subject repairs cost the amount set forth in the billing rendered for the subject project by Plaintiff and strict proof of the averment is hereby demanded. 12. Denied. On the contrary, the Plaintiff avers that the work which he preformed was necessary and reasonable and in no way "not required" or fraudulent and strict proof of the averment is hereby demanded. 13. Denied as stated. Plaintiff was unable to replace the broken water valve because the local water utility was either unable or unwilling to shut off the water main for the time necessary to install the replacement, however, the claim filed does not include any charge for replacing the valve. Strict proof of the averment is hereby demanded. sow 14. Denied. Plaintiff is without knowledge or information sufficient to form a believe as to the truth of the averment. Strict proof of the averment is hereby demanded. 15. Denied. On the contrary, the Plaintiff avers that the work which was performed was necessary and reasonable and that his billing was wrongfully unpaid. Strict proof of the averment is hereby demanded. WHEREFORE, Plaintiff requests the court dismiss this N M er and d Plaintiff the relief sought in the complaint filed in this action. ff Robert G. Radebach, Esquire Attorney for Plaintiff 912 North River Road Halifax, PA 17032 (717) 896-2666 i I verify that the statements made in this Reply are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Earl D. Noss, Jr. Q 'it. 1'x'1 ? !? r 3 - ? -iZ C 3 ?? cn __j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL D. NOSS, JR., Plaintiff CIVIL ACTION - LAW vs NO. 05-6163 MLD JOHN D. MCINTYRE, Defendant MECHANICS LIEN CLAIM PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Kindly mark this action settled and .. Dated: June 23, 2008 MODert v. Kadebach, Esquire I.D. # 19255 912 North River Road Halifax, PA 17032 (717) 896-2666 Attorney for Plaintiff csa 4.. 1