HomeMy WebLinkAbout06-3403WHISLER'S WELL DRILLING INC., : IN THE COURT OF COMMON PLEAS
Claimant CUMBERLAND COUNTY, PENNA
V. DOCKET NO. C?o _ 3?v3 "LE)
ERIC BARR,
Defendant.
TO: Eric Barr
23 Watson Drive
Carlisle, PA 17013
MECHANICS' LIEN
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
You are notified that a mechanics' lien claim in the amount of $11,429.47 has been
{ath een A. E R6
Attorney ID# 200616
ABOM& KUTULAJUS, L.L.P.
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
filed on behalf of Whisler's Well Drilling against the property located at 23 Watson Drive,
Carlisle, West Penn Township, Cumberland County, Pennsylvania, of which you are the
owners or reputed owners. The claim was filed on the 15`h day of June, 2006, in the Court
of Common Pleas of Cumberland County, Pennsylvania, at the above-referenced Docket
Number. A copy of the claim is attached.
0
WHISLER'S WELL DRILLING INC.,
Claimant
ERIC BARR,
V.
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
DOCKET NO.
MECHANICS' LIEN
MECHANICS' LIEN CLAIM
NOW COMES Whisler's Well Drilling, Inc. ("Claimant"), by and through the
undersigned counsel, and files this claim of mechanics' lien against Eric Barr, pursuant to the
Mechanics' Lien Law of 1963, as amended, against the improvements and the property at 23
Watson Drive, Carlisle, West Penn Township, 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 claim, the Claimant makes the
following statements:
1. The Claimant 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 property and improvements against whom
the claim is filed is Eric Barr (the "Owner").
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 April 4, 2006.
5. The total amount claimed to be due and owing is $11,429.47 for work performed.
6. The property subject to the lien is a 23 Watson Drive, Carlisle, West Penn
Township, Cumberland, County, Pennsylvania, Parcel I.D. No. 46-08-0587-119, Deed Book
00267, Page 06999, including all equipment that as part of said structure constitutes fixtures,
together with the lot or curtilage appurtenant thereto belonging to the same Owner.
7. This lien is claimed from November 1, 2005, the date Claimant commenced
performance of the work on the property herein described and against the Owner's interest
in that property.
WHEREFORE, Claimant files this claim for mechanics' lien in the amount of
$11,429.47 plus filing and Sheriff's service costs in the amount of $114.00 with interest as
provided by law.
Respectfully submitted,
ABOM& KUTULAKUS, L.L.P.
tthleen A. Engle !i
Attorney ID# 200616
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Claimant
VERIFICATION
I, Kenneth L. Whisler, hereby verify that 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 made subject to the penalties of 18
Pa.C.S. §4904, relating to unworn falsification to authorities.
Date: A2'
Kenneth L. Whisler, Authorized Agent
Whisler's Well Drilling
WHISLER'S WELL DRILLING INC.,
Claimant
ERIC BARR,
V.
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
DOCKET NO.
: MECHANICS' LIEN
CERTIFICATE OF SERVICE
AND NOW, this I day of June 2006, I, Kathleen A. Engle, of
ABOM & KuTuLAKiS, 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.
Eric Barr
23 Watson Drive
Carlisle, PA 17013
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WHISLER'S WELL. DRILLING INC.,
Claimant
ERIC BARR,
V.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: DOCKET NO. 2006-03403
MECHANICS' LIEN
AFFIDAVIT OF SERVICE
I, Kathleen A. Engle, hereby certify that I did serve a true and correct copy of
the Mechanics' Lien Claim under Section 1502(a)(2) of the Mechanics' Liens Law,
upon the Defendant, by personal service by Cumberland County Sheriff, on July 10,
2006, at Carlisle, Pennsylvania, addressed as follows:
Eric Ban
23 Watson Drive
Carlisle, PA 17013
Sheriff's Return acknowledging receipt on July 10, 2006 is attached as Exhibit
«A„
ABOM & KUTULA"S, LLP
Dater
Vtb?leen A. Engle, quire`
6 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Claimant
I.D. No: 200616
EXHIBIT `A"
SHERIFF'S RETURN - REGULAR
A
CASE NO: 2006-03403 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHISLER'S WELL DRILLING INC
VS
BARR ERIC
SHANNON SHERTZER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
BARR ERIC
was served upon
the
OWNER , at 1828:00 HOURS, on the 10th day of July , 2006
at 23 WATSON DRIVE
SLE, PA 17013
SHAWNA BARR, ADULT IN CHARGE
by handing to
a true and attested copy of MECHANICS LIEN CLAIM together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 4.40
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
32.79 07/11/2006
ABOM & KUTULAKIS
Sworn and Subscibed to By: k
nil
before me this day Deputy ShOkiff
of A.D.
c.
WHISLER'S WELL DRILLING INC.,
Claimant
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
: DOCKET NO. 2006-03403
ERIC BARR,
Defendant.
MECHANICS' LIEN
PRAECIPE TO AMEND MECHANICS' LIEN LAIM
NOW COMES Whisler's Well Drilling, Inc. ("Claimant"), by and through the
undersigned counsel, and amends this claim of mechanics' lien against Eric Barr, pursuant to
the Mechanics' Lien Law of 1963, as amended, against the improvements and the property at
23 Watson Drive, Carlisle, West Penn Township, 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 amended claim, the Claimant makes
the following statements:
1. The total amount claimed to be due and owing is $8,516.27 for work performed,
rather than $11,429.47, the amount stated in the initial mechanics' lien claim filed on June
15, 2006.
2. This amended amount is necessary to reflect the actual amount owed to the
Claimant, as Mr. Barr rendered a payment on June 1, 2006 to the Claimant in the amount of
$2913.20. (Please see attached invoice as Exhibit "A")
3. This payment changes the amount still owed by Defendant to the amount of
$8,516.27.
WHEREFORE, Claimant amends the earlier claim for mechanics' lien to the
amount of $8,516.27 plus filing and Sheriff's service costs in the amount of $114.00 with
interest as provided by law.
Respectfully submitted,
ABOM& KUTULASIS, L.L.P.
Attorney for Claimant
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Whislers Well Drilling Inc.
366-1 Green Springs Road
Newville, Pa 17241
Phone: (717) 776-6211
Fax: (717) 776-9441
8111 To
ERIC BARR
23 WATSON DRIVE
CARLISLE, PA 17013
Statement
Date
7125/2006
Amount Due Amount Enc,
$8,516.27
Date Description Amount Balance
01/01/2006 Balance forward 3,837.98
01/11/2006 PMT#1501, -3,837.98 0.00
01/23/2006 INV #6142, Due 01123/2006, 362.90 362.90
01/2312006 INV 46143. Due 01123!2006. 2,700.00 3,062.90
01/232006 INV 0144. Due 01232006. 10,271.08 13,333.98
01127/2006 INV #6149. Due 01/27/2006. 2,090.00 15,423.98
02/01/2006 INV #6153. Due 02101/2006. 6,350.00 21,773.98
02/21/2006 INV 06188. Due 0212112006. 2,076.97 23,850.95
02/2212006 INV #6189. Due 02/2212006. 149.02 23.999.97
0224/2006 PMT#1505. -16,621.08 7,378.89
03/10/2006 PMT#1508. -511.92 6,866.97
04106/2006 INV #6281, Due 04/06/2006. 2,755.00 9,621.97
0 410612 0 0 6 INV #6282, Due 04/062006. 1,807.50 11,429.47
041062006 INV #6283. Due 04/062006. 10,006.88 21,436.35
041122006 PMT#114. -10,006,88 11,429.47
061012006 PMT # 116. -2,913,20 8.516.27
Curcent 1-30 Days Past Due 31-80 Days Past 61-90 Days Past Over 90 Days Past Amount Due
Due Due Due
0.00 0.00 0.00 0.00 8,516.27 $8,516.27
WHISLER'S WELL DRILLING INC.,
Claimant
ERIC BARR,
V.
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
: DOCKET NO. 2006-03403
MECHANICS' LIEN
CERTIFICATE OF SERVICE
AND NOW, this 4Pj { day of August 2006, I, Kathleen A. Engle,
of ABOM & KUTuLAKIS, L.L.P. hereby certify that I did serve a true and correct
copy of the foregoing document, 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:
Eric Barr
23 Watson Drive
Carlisle, PA 17013
rILwuicy 1V1171AMutl
WHISLER'S WELL DRILLING INC.,
Claimant
V.
ERIC BARB,
Defendant.
TO: Eric Barr
23 Watson Drive
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
: DOCKET NO. 2006-03403
: MECHANICS' LIEN
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
You are notified that an amended mechanics' lien claim in the amount of $8,516.27
has been filed on behalf of Whisler's Well Drilling against the property located at 23 Watson
Drive, Carlisle, West Penn Township, Cumberland County, Pennsylvania, of which you are
the owners or reputed owners. The claim was filed on the June 15, 2006 and this
amendment was filed on August 8, 2006, in the Court of Common Pleas of Cumberland
County, Pennsylvania, at the above-referenced Docket Number. A copy of the claim is
attached.
Kathleen
Attorney ID# 200616
ABOM&KUTULA"S, L.L.P.
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03403 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHISLER'S WELL DRILLING INC
VS
BARR ERIC
SHANNON SHERTZER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
BARR ERIC the
OWNER , at 1828:00 HOURS, on the 10th day of July 2006
at 23 WATSON DRIVE
CARLISLE, PA 17013 by handing to
SHAWNA BARR, ADULT IN CHARGE
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 4.40 --?
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
32.79,/ 07/11/2006
/a4 ABOM & KUTULAKI S
Sworn and Subscibed to ! By:
before me this day Deputy S iff
of A.D.
}
OM &
KUTLIL WIS
John W. Carter, Esquire
Abom & Kutulakis
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
WHISLER'S WELL DRILLING INC.,
Claimant
V.
ERIC BARR,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2006-03403
: MECHANICS' LIEN
PRAECIPE TO DISCONTINUE AND SATISFY JUDGMENT
TO PROTHONOTARY:
Please Discontinue this action against Defendant with prejudice and mark as satisfied.
Respectfully submitted,
ABOM & KUT ULAKIS, L. L. P.
Date: ?( / L.
John W. Carter, Esquire
36 South Hanover Street
Carlisle, PA 17013
717-249-0900
ID No. 202849
Attorney for Plaintiff
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WHISLER'S WELL DRILLING INC.,
Claimant
V.
ERIC BARR,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
DOCKET NO. 2006-03403
: MECHANICS' LIEN
CERTIFICATE OF SERVICE
AND NOW, this day of April 2008, I, John W. Carter, Esquire, of ABOM & KUTULAKis,
L.L.P, hereby certify that I did serve a true and correct copy of the foregoing document, 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:
Elliot A. Strokoff
132 State Street
P.O. Box 11903
Harrisburg, PA 17108
Jo n W. Carter, Esquire
Attorney for Plaintiff
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