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HomeMy WebLinkAbout06-6402Johnson, Duff ie, Stewart & Weidner By: David W. DeLuce, Esquire I.D. No. 41687 Attorneys for Plaintiff Elizabeth D. Snover, Esquire I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 dwd@jdsw.com eds@jdsw.com BOLASH CONSTRUCTION AND IN THE COURT OF COMMON PLEAS REMODELING CUMBERLAND COUNTY, PENNSYLVANIA P.O. BOX 179 4525 VALLEY ROAD ENOLA, PA 17025, NO.?s-???o Plaintiff V. GREGORY ALLEN MCPHERSON AND GAIL NESS MCPHERSON, 2 SHARON ROAD ENOLA, PA 17025, Defendants MECHANICS' LIEN CLAIM AND NOW, this 3I S-t day of 0 6er-, 2006, Bolash Construction and Remodeling, by and through its attorneys, Johnson, Duff ie, Stewart & Weidner, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P.S. §§1101, et seq., files and perfects this Mechanics' Lien Claim against Gregory Allen McPherson and Gail Ness McPherson the Owners as tenants by the entireties ("Owners") of the property located at 2 Sharon Road, Enola, Cumberland County, Pennsylvania, further described below, as follows: 1. Claimant is Bolash Construction and Remodeling with a principal place of business located at P.O. Box 179, 4525 Valley Road, Enola, PA 17025 ("Claimant"). 2. Claimant files this Mechanics' Lien Claim as a contractor. 3. The name and address of the Owners of the property subject to this Claim are Gregory Allen McPherson and Gail Ness McPherson, husband and wife. 4. The location of the property subject to this claim is the property municipally numbered and known as 2 Sharon Road, Enola, PA 17025 more fully described by the deed recorded at Deed Book 142 on Page 745 in Cumberland County, Pennsylvania and having a parcel identification number of 09-14-0835-023. 5. Claimant makes this claim as a contractor. Claimant entered into a contract (The "Contract") with Gregory A. McPherson to perform multiple construction and remodeling services, which are listed in detail on the Contract, for the property on or about March 30, 2004. A true and correct copy of this Contract is attached and incorporated here in as Exhibit "A". 6. Claimant completed the furnishing of the work, labor and materials that are the subject of this claim on August 7, 2006. 7. Pursuant to the Contract, Claimant was to supply all necessary labor, materials and equipment to complete a list of construction and remodeling projects, a quote for which was given at Seventy Three Thousand Five Hundred dollars ($73,500.00) and is included in Exhibit "All. 8. The amount presently claimed to be due and unpaid under the Contract is Sixteen Thousand Four Hundred Fifty-One Dollars and forty-four cents ($16,451.44) a true and correct copy of the itemization of this outstanding sum is provided in the final bill attached and incorporated here in as Exhibit "B". 9. Additionally, the Contract provides for a charge of one and one-half percent (1.5%) on any balance past thirty (30) days, beginning with the completion date of the project. Calculating this charge from August 7, 2006, the Claimant, with per diem interest of Eight Dollars and eleven cents, claims Six Hundred Ninety Seven Dollars and forty-six cents ($697.46) representing interest between August 7, 2006 and October 31, 2006. WHEREFORE, Claimant, Bolash Construction and Remodeling, claims a Mechanics' Lien against the property described above in the amount of $17,148.90 which represents $16,451.44 unpaid balance, a charge of $697.46 calculated interest charge through October 31, 2006, The claimant also claims additional and ongoing interest as permitted by law and court costs. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER p B kl? Y Eliz th D. Snover Attorney I.D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorney for Claimant VERIFICATION I, ROBERT BOLASH, President of Bolash Construction and Remodeling, have read the foregoing Mechanics' Lien Claim and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities Robert B lash, President DATE: 1o - 31- 6 4 E,kibi+ ?4 OCT-11-2006 09:01 AM GCS CONTRACTING 7177617177 P.06 4 BOLASH CONSTRUCTION P.O. Box 179 Enola, PA 17025 PHONE 732-23A0 FAX 732.9173 NANP/ADDM88 fhreg McPherson 2 Sharon Rd. Enola Pa 17025 Dwcdfpdon The followlttg is an outline of conditions for the above quotation. All materials are guaranteed to be as specified. We reserve the right to determine the source of all labor and materials for any work perfortned under the quotation. All work will be completed in workmanlike manner according to standard practices. Any aitcrations or deviations to this contract involving extra costs will be done only with a written change order and will become an extra cost over and above the contract price. This proposal may be withdrawn from if not accepted within 30 days of above date. Pay schedule Is ss follows, 100/6 deposit at signing of contract, 25% at start of project 25% in 2 weeks 25% in 4 weeks and balance upon completion of project. A charge of 1.$% per month will be charged on any balance past 30 days, beginning with the completion date of the project, We wish to thank you fbr the opportunity of submitting a proposal and hope to be of service to you. We are not responsible for any rock, shale, hardpan, sewer or utilities. There will be an upcharge for the above items We will backtill with excavated material Owner A Ce-Ownem Ngnature Please Am* to the above addmu ram/ signature Total $73,500.00 CONTRACT CONTRACT# 264 Date 3/30/2004 Terms Rep 10% 25% 25% 25% BAL BOB Page 2 OCT-11-2006 09:01 AM GCS CONTRACTING y 7177617177 BOL -SH CONSTRUCTION 0? _ P.O. Box 179?? Enola, PA 17025 Kee PHONE 792.9960 FAX 792-9175 NANRR/ADDAM Greg McPherson 2 Sharon Rd. Enola Pa 17025 Terms 10% 25% 25% 25% R4L P.05 CONTRACT Date CONTRACT # 3/30/2004 264 Rep BOB Total 1. Build an approx. 42x28' garage extension with 2 rooms and a bath on 2nd floor. 73,500.00 2. Specs: all excavation, footers, foundations, framing, electric, plumbing and insulation will meet or exceed /f township codes. (We will excavate down to make garage walls 12' to accept 10' high doors) • .r.? ?,,,.? /I %?I /1? 3. We will excavate under deck an area approxgLwide and the entire length of the deck. 4. Exterior finish- front, back, and 2 side walls WIT! tie brick to m$tch as close as possible an*Wvwarap end walls .Q will be vinyl siding. Roof will have 25 year fiberglass shingles. Vinyl solflt on eaves and we eaves and rakes with aluminum and Install aluminum spouting. We will builde brick chimney. Windows will be an allowance item and placed according to final plans. 3. interior- customer will supply all electrical supplies to upgrade electric to a 200 amp service and for new construction wiring and will supply bathroom fixtures. We will remove two existing windows and cut opening where window existed in office and offset opening in other room to make room foi bathroom. We will install a 6' French door on back side 2nd floor to deck and make a brick hearth for fireplace in gai-age. Partition wall will be oflbot from peak 6. We will run electric in all 3 -2nd floor rooms and garage, We will hang and finish drywall in 2nd bath and I room and install baseboard door and window trim in same rooms where drywall was hung and install carpet ,and or vinyl flooring.. 7. We will run plumbing for bathroom, set fixtures and paint walls, ceiling and trim. $. We will clean up and haul away debris and supply permits and inspections. ALLOWANCES: Windows $2000.00 Flooring $1000.00 Gamge doors $850.00ca French door $600.00 Owner A C0-0wAera skim ere Pieme remit to the above address Signs" Pape 1 Total r OCT-11-2006 08:59 AM GCS CONTRACTING 7177617177 Items Allowance Cost Over Under Windows $2000.00 $6430.44 $4430.44 Garage doors $2150.00 $3851.00 $1701.00 Carpet $1000.00 0 $1000.00 French Boor $600.00 $728,00 $128.00 Total overage for allowances $5259.44 Extras Gable end brick $1800.00 Frame hallway closets and hang doors $355.00 Frame out for fireplace and garage walls $885.00 Plumb in garage sink $320.00 Install Cable TV $178,00 Install drywall on garage ceiling $906.00 Install drain for camper $300.00 Install elec. For oven in garage $160,00 Install elec. Panel for camper $326.00 Install 2 outside faucets $184.00 Frame out for office on 2nd floor and drywall $478.00 Pumped septic tank and filled with stones $275.00 Provided some of the elec. Supplies N/C Total extras $6167.00 Bal. Of Contracts $5025.00 Extras $6167.00 Allowances 5259.44 Total, due $16451.44- 16451.44 P.03 P. /V P °y 71 ? c ? d ? ? wJ PQ 1 4 0% SHERIFF'S RETURN - REGULAR CASE NO: 2006-06402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOLASH CONSTRUCTION & REMODELI VS MCPHERSON GREGORY ALLEN ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon MCPHERSON GREGORY ALLEN the OWNER GAIL MCPHERSON WIFE a true and attested copy of MECHANICS LIEN CLAIM together with at 1938:00 HOURS, on the 15th day of November , 2006 at 2 SHARON ROAD ENOLA, PA. 17025 by handing to and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Postage .39 Surcharge 10.00 R. Thomas Kline .00 41.59, 00/00/0000 Sworn and Subscibed to By: before me this day De ty Sheriff 1111 of A. D. ,?? J ? SHERIFF'S RETURN - REGULAR CASE NO: 2006-06402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOLASH CONSTRUCTION & REMODELI VS MCPHERSON GREGORY ALLEN ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon MCPHERSON GAIL NESS the OWNER , at 1938:00 HOURS, on the 15th day of November 2006 at 2 SHARON ROAD ENOLA, PA 17025 GAIL MCPHERSON 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline Sworn and Subscibed to By: before me this day De u Sheriff of A.D. .00 16.00 00/00/0000 Edward P. Seeber, Esquire Attorney ID No. 76084 PECHT & ASSOCIATES, PC Ste 200, 1205 Manor Drive Mechanicsburg, PA 17055 (717) 766-9426 tseeber@pechtlaw.com Counsel for Defendants BOLASH CONSTRUCTION AND REMODELING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY ALLEN McPHERSON AND GAIL NESS McPHERSON, Defendants NO. 06-6402 MLD TERM RULE TO FILE COMPLAINT TO: BOLASH CONSTRUCTION AND REMODELING, Plaintiff David W. DeLuce, Esquire Elizabeth D. Snover, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 A Rule is hereby entered upon you to file your Complaint in the above matter within twenty (20) days after service hereof, or suffer entry of a judgment of non pros. Dated: 0T Aft, (,2 Curti R. Long, of onot 16 t Edward P. Seeber, Esquire Attorney ID No. 76084 PECHT & ASSOCIATES, PC Ste 200, 1205 Manor Drive Mechanicsburg, PA 17055 (717) 766-9426 tseeber@pechtlaw.com Counsel for Defendants BOLASH CONSTRUCTION AND REMODELING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY ALLEN McPHERSON AND GAIL NESS McPHERSON, Defendants NO. 06-6402 MLD TERM PRAECIPE FOR RULE TO FILE COMPLAINT TO: CURTIS R. LONG, Prothonotary Pursuant to Rule 1659 of the Pennsylvania Rules of Civil Procedure, please enter a Rule upon Plaintiff, Bolash Construction and Remodeling, file a Complaint within twenty (20) days of service, or suffer entry of a judgment of non pros. Respectfully submitted, PECHT & A,S5OCIATES, PC Date: By: ? /// ?-/ ward P. Seeber, Esquire Attorney ID No. 76084 Ste 200, 1205 Manor Drive Mechanicsburg, PA 17055 (717) 766-9426 tseeber@pechtlaw.com Counsel for Defendants 1 .? CERTIFICATE OF SERVICE I, Edward P. Seeber, Esquire, hereby certify that on the date indicated below, served a true and correct copy of the foregoing Petition for Rule to File Complaint by having the foregoing document served by hand delivery to the following: David W. DeLuce, Esquire Elizabeth D. Snover, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 Date: i AardP.r, Esquire ? ? ri ? ? ?' ? ? , , ?""?'?? ? ?? "{ ct? Johnson, Duffie, Stewart & Weidner Elizabeth D. Snover, Esquire I. D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com BOLASH CONSTRUCTION AND REMODELING P.O. BOX 179 4525 VALLEY ROAD ENOLA, PA 17025, Plaintiff V. GREGORY ALLEN MCPHERSON AND GAIL NESS MCPHERSON, 2 SHARON ROAD ENOLA, PA 17025, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.06-6402 MLD Term PRAECIPE TO SATISFY AND DISCONTINUE MECHANICS' LIEN TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned Mechanics' Lien Claim satisfied and discontinued. Respectfully submitted, DATE: JOHNSON, DUFFIE, STEWART & WEIDNER By lizab D. Snover, Esquire Attorn y I. D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this ? day of August, 2007, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Discontinue Mechanic's Lien, upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Gregroy and Gail McPherson c/o Edward Seeber, Esquire Pecht & Associates, P. C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: Eliz th D. Snover, Esquire -n r VIA _ Q CD ? ?'