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HomeMy WebLinkAbout07-0139RECORDING REQUESTED BY WIiFAI RECORQQDED MAlI~L TO , Name: Cc~..E',~- 1~ Street Address: 2 ~ ~ .~(fL, . J1~ City 8~ State • /g/o ~ ~~ U~ -~ ~ 3 ~ ~ ~~ SPACE ABOVE THIS LINE FOR RECORDERS USE MECHANIC' S LIEN This form complies with professional standards currently in effect the undersigned, claimant, (Name of person or irtm cra,~rng 'Mechanics' Lren. l:ontract~s use name ex~tty as R appears on l;ontractors' License) claims a Mechanic's Lien upon the for lowing descxibed real property: C~lty of r un~}' of r Slate of r (J /'~ 7 ~1 ~~ rA ~w J. M ._, n ( F ~ M ~ / J~ I /'i n ~~ ~l ll D ~ '- O ~ / ~ V T - (General description of property where the work or material were famished A address is sufficient, but if possible. use both street addresses and legal descrtption The sum of ~ ~t s g e~ with interest thereon at the highest legal rate per annum from ~D (Amount due and unpaid (Date when balance became due) ~ due claimant (after deducting all just credits and offsets) for the following work, equipment and/or material famish by claimant: Sece attached invoices (Invert General Description of the work, equipment or material) famished thagork, egpipeR~ t and or material at the request or under cwntract with: l/g/~ , ^w~pnrPhnn _ is-rr~~ r ~~7r~aller (Name of person or firm who ordered or contracted for the work or materials) The the rep are: I } n (~ a n (Insert name/address of owner of real property) D P ~ n 7 Y l ~~ This can be obtained from the County Recorder or by checking the building permit application at the Building Department Firm Name I declare under penalty of pet jury under the laws s of the Stale, that the foregoing is true i d orrect/j By: X ~ E~ (Signature of cl " t or authorized agent) VERIFICA TION I, the undersigned, say: I am the claimant named i>, the foregoing Mechanic's Lien; I have read said claim of Mechanic's Lien and know the contents thereof: the same is true of my own knowledge. I am authorized to execute this Claim of Lien. I declare un~r penalty of perjury that the foregoing is true and correct Executed on ~ ~ ! ~ 7 at ~ U r ` i, y I L ~'a, (Date of signature) (City and State where sighed) X (Personal gnature of individual who is swearing the contents of the claim of Mechanic's Lien are true) ~~~ ~ C. ~~ ~ ~ s~ ~ -rt ~ ~~_ ~ ~ :=-- ~ ~ ~~ ~Q °~: ~_ L -~ ~~ CALEB HUDGINS v. AFC WASHCO-CARLISLE CROSSING, LP Plaintiff, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA MECHANIC' S LIEN DOCKET NO. 07-139 PETITION FOR RULE TO SHOW CAUSE WHY MECHANIC'S LIEN SHOULD NOT BE STRICKEN AFC WASHCO-Carlisle Crossing LP, by the undersigned counsel, petitions Your Honorable '' Court for the entry of a Rule to Show Cause why the above captioned Mechanic's Lien should not be stricken and avers the following: 1. Petitioner, AFC WASHCO-Carlisle Crossing LP, is a Pennsylvania Limited Partnership with its principal place of business at 111 West 57th Street, Suite 520, New York, New York 10019, and is the Defendant in the above captioned action (hereinafter Petitioner). 2. Respondent is the Plaintiff in the above captioned action with an address of 21 South Lewis Street, Auburn, New York 13021 (hereinafter Respondent). 3. Petitioner is the owner of Carlisle Crossing Shopping Center and out parcels located in South Middleton Township, Cumberland County, Pennsylvania. SAII)IS, LINDS~ 26 West )-Iigh Street Carlisle, PA 4. Petitioner is building retail stores on the out parcels (hereinafter the Project). 5. On October 3, 2006, prior to the commencement of construction on the out parcels, a valid Stipulation Against Liens was filed to #06-5794MLD in the office of the Prothonotary by which National Construction and Development, LLC of New York (hereinafter General Contractor) waived the right for any of its subcontractors to file a Mechanic's Lien against the Project. A copy of the Stipulation Against Liens is attached hereto and marked Exhibit "A". 6. Petitioner believes and therefore avers Respondent may have been a subcontractor of the i General Contractor. '~~ 7. General Contractor has a provision in all contracts with all subcontractors that waives the subcontractor's right to file a Mechanic's Lien in conjunction with the Project. 8. Petitioner has no contractual relationship with Respondent. 9. The Petitioner believes and, therefore, avers that the Respondent and the Plaintiffs in the three Mechanic's Liens listed below are related companies or business associates. 10. The three Mechanic's Liens were all filed on January 8, 2007, on the same form and in almost consecutive numbers with the Prothonotary. The specifics of the three Mechanic's Liens filed against the Petitioner are as follows: SAIDIS, LINDS~ n~av~s..-z:uw 26 West High Street Carlisle, PA Term & Number Plaintiff Amount Exhibit (a) #07-139MLD Caleb Hudgins $2,144.60 "B" (b) #07-141 MLD John Macyczko $1, 5 84.60 "C" (c) #07-142MLD Custom Interiors $8,335.45. "D" 11. The undersigned counsel has requested, in writing, that the Respondent satisfy the Mechanic's Lien as it was improperly filed. A copy of Petitioner's attorney's letter is attached hereto, made a part hereof and marked Exhibit "E". 12. Exhibit "E" was sent to the Respondent by recognized overnight delivery service. 13. The Respondent has failed to comply with the statutory requirements of the Mechanic's Lien Law, 49 P.S. § 1101 et seq. in that: a) Respondent did not provide formal written notice of intent to file a Mechanic's Lien claim at least thirty days before filing the same, as required by 49 P.S. § 1501. b) Respondent failed to serve written notice upon Petitioner within one month after filing, as required by 49 P.S. § 1502. c) Respondent's Mechanic's Lien does not include the name of the subcontractor or contractor with whom Respondent alleges he had a contract, as required by 49 P.S. § 1503(1). d) Respondent's Mechanic's Lien does not state the address of the owner, as required by 49 P.S. § 1503(2). e) Respondent's Mechanic's Lien does not state the date of completion of Respondent's work, as required by 49 P.S. § 1503(3). f) Respondent's Mechanic's Lien does not state the name of the person with whom he contracted, and the dates on which preliminary notice and formal notice of intention to file a claim were given, as required by 49 P.S. § 1503(4). g) Respondent's Mechanic's Lien does include any statement whatsoever of the ki and character of the labor or materials furnished as maybe reasonably necessary to identify such labor or materials furnished, as required by 49 P.S. § 1503(6). SAIDIS, LIND nrtosr~sn~aaw 26 West High Street Carlisle, PA h) Respondent's Mechanic's Lien claim is barred by the filing of the Stipulation Against Liens by Contractor in accordance with the provisions of 49 P.S. § 1502. i) Respondent's Mechanic's Lien claim is also barred by Respondent's failure to comply with the notice requirements of 49 P.S. § 1501. ~~ j} Respondent's Mechanic's Lien claim is also barred by Respondent's failure to comply with the filing requirements of 49 P.S. § 1503. WHEREFORE, AFC WASHCO-Carlisle Crossing LP, requests Your Honorable Court to issue a Rule to Show Cause Why the Mechanic's Lien filed by the Respondent to the above ~, captioned term and number should not be stricken. '' Date ZOC~ SAZDIS, LINDSAY ~~:Uw 26 West High Street Carlisle, PA Respectfully submitted, ~(~ ~ ~ ~. Robert C. Saidis, Esq. Saidis, Flower & Lindsay Attorneys for Defendant PA ID No.: 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 CALEB HUDGINS COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PA v. : MECHANICS LIEN AFC WASHCO-CARLISLE DOCKET N0.07-139 CROSSING, LP Defendants. VERIFICATION PURSUANT TO Pa.R.C.P. 205.3 I, Arthur Fefferman, hereby state that the facts in the attached Preliminary Objections are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. WASHCO-CARLISLE CROSSING, LP Date: ~ (L ~ BY: WASC O-CARLISLE CROSSING, LLC, ' s ole gen p ner By: Arthur Fefferman, resident ,• .. 't. STIPULATION AGAINST LIENS THIS AGREEI~NT made this 22nd day of September, 2006, by and between National Construction and Development, LLC, of New York, hereinafter referred to as Contractor, AND AFC Washco-Carlisle Crossing, LP, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot #5, South Middleton Township, Cumberland County, PA as well as Lots 1, 6, 7 & 8 of the Final Subdivision and Land Development Plan for Carlisle Crossing recorded in Plan Book 90, Page 108. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done br materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. Signed, sealed and delivered in the presence of EXHIBIT "A" :NATIONAL CONSTRUCTION s:. .~- STATE OF NEW YORK COUNTY OF ~~ ~.- On this, the a~~~ day of ~p-~y~~r, 2006, before me, the undersigned officer, personally appeared ~,f ~ ~.~ ~ ~ Member of National Construction and Development, LLC, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained and in the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ANN M. WHALEY NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN ONONDAGA CDUNTY ~/~, ( SEAL ) No. 01 WH6102922 ~~y ~ "UU COMMlSSiON EXPIRES DECEMBER 8.201L7 STATE OF NEW YORK COUNTY OF C/~U ~{~G~- .. On this, the~~~~ day of V.e~/yJ~jL~, 2006, before me, the undersigned officer, personally appeared ~-e,~ ~~~ Member of National Construction and Development, LLC, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained and in the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ANN (ul. WHtiLEY NOTARY PUBLIC, STATE OF NEW YORK ( SEAL QUALIFIED IN ONONDAGA COUNTY No. 01 WH6102922 COMMISSIQN EXPIRES DECEMBER 8, 2D~ b`+-- _ ALL those c ertain tracts o f land situate in South M iddleton T ownship, Cumberland County, Pennsylvania and described as follows: LOT 1: Beginning at an iron pin to be set at the Southwest property corner of Lot 1 of the Final Subdivision and Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence N O1 degrees 53 minutes 30 seconds E for a distance of 301.73' to an iron pipe found, said iron pipe is S 50 degrees 47 minutes 17 seconds W a distance of 91.02' from a railroad spike found near t he centerline o f T rindle R oad (S.R. 0 641); t hence S 87 de grees 0 4 m inutes 30 seconds E for a distance of 67.50' to an iron pin to be set; thence by a curve to the left having a radius of 5,791.65' and an arc length of 104.45' to an iron pin to be set; thence S 88 degrees 06 minutes 30 seconds E for a distance of 103.95' to an iron pin to be set; thence by a curve to the right having a radius of 60.00' and an arc length of 94.46' to an iron pin to be set; thence S 02 degrees OS minutes 33 seconds W for a distance of 173.68' to an iron pin to be set; thence by a curve to the right having a radius of 265.00' and an arc length of 56.10' to an iron pin to be set; thence by a curve to the right having a radius of 70.00' and an arc length of 130.77' to an iron pin to be set; thence by a curve to the left having a radius of 330.00' and an arc length of 234.18' to an iron pin to be set, the place of beginning. Containing 2.392 acres LOT 5: Beginning at a concrete monument to be set at the Northwest property corner of Lots 5 and 6 of the Final Subdivision and Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence by a curve to the right having a radius of 50.00' and an arc length of 42.05' to an iron pin to be set; thence by a curve to the left having a radius of 70.00' and an arc length of 131.02' to an iron pin to be set; thence N 62 degrees 43 minutes 12 seconds E for a distance of 109.17' to an iron pin to be set; thence S 51 degrees 08 minutes 12 seconds E for a distance of 207.20' to an iron pin to be set; thence S 38 degrees 51 minutes 48 seconds W for a distance of 37.52' to a rebar found; thence S 39 degrees 31 minutes 03 seconds W for a distance of 44.02' to an iron pipe found; thence S 40 degrees 26 minutes 00 seconds W for a distance of 143.68' to an iron pipe found; thence S 39 degrees 55 minutes 47 seconds W for a distance of 17.53' to an iron pin to be set; thence N 49 degrees 34 minutes 00 seconds W for a distance of 312.65' to a concrete monument to be set, the place of beginning. Containing 1.348 acres LOT 6: Beginning at a concrete monument to be set at the Northeast property corner of Lots 6 and 5 of the Final Subdivision and Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence S 49 degrees 34 minutes 00 seconds E for a distance of 312.65' to an iron pin to be set; thence S 39 degrees 55 minutes 47 seconds W for a distance of 203.72' to a rebar found; thence N 57 degrees 04 minutes 47 seconds W for a distance of 324.07' to a rebar found; thence S 32 degrees 55 minutes 00 seconds W for a distance of 305.13' to an iron pin to be set; thence by a curve to the right having a radius of 80.00' and an arc length of 80.65' to an iron pin to be set; thence by a curve to the left having a radius of 970.00' and an arc length of 31.29' to an iron pin to be set; thence N 32 degrees 55 minutes 13 seconds E for a distance of 254.10' to an iron pin to be set; thence by a curve to the right having a radius of 220.00' and an arc length of 114.43' to an iron pinto be set; thence N 62 degrees 43 minutes 12 seconds W for a distance of 100.33' to concrete monument to be set, the place of beginning. Containing 2.097 acres LOT 7: Beginning at an iron pin to be set at the Southern property corner of Lots 7 and 8 of the Final Subdivision and Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence N 57 degrees OS minutes 00 seconds W for a distance of 250.51' to an iron pin to be set; thence N 28 degrees 57 minutes 46 seconds E for a distance of 123.98' to a rebar found; thence N 31 degrees 24 minutes 19 seconds E for a distance of 164.52' to an iron pin to be set; thence S 47 degrees 44 minutes 49 seconds E for a distance of 357.09' to an iron pin to be set; thence by a curve to the right having a radius of 50.00' and an arc length of 4.51' to an iron pin to be set; thence S 62 degrees 43 minutes 12 seconds W for a distance of 100.33' to an iron pin to be set; thence by a curve to the left having a radius of 280.00' and an arc length of 145.63' to an iron pin to be set, the place of beginning. Containing 1.764 acres LOT 8: Beginning at an iron pin to be set at the Southern property corner of Lots 8 and l o f t he F final S ubdivision a nd Land D evelopment P lan f or C arlisle C rossings,being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence S 32 degrees 55 minutes 13 seconds W for a distance of 254.10' to an iron pin to be set; thence by a curve to the right having a radius of 1030.00' and an arc length of 34.64' to an iron pin to be set; thence by a curve to the right having a radius of 80.00' and an arc length of 121.60' to an iron pin to be set; thence N 61 degrees 55 minutes O1 seconds W for a distance of 80.29' to an iron pin to be set; thence N 27 degrees 37 minutes 00 seconds E for a distance of 31.18' to an iron pin to be set; thence N 62 degrees 23 minutes 00 seconds W for a distance of 73.97' to a rebar found; thence N 29 degrees 36 minutes 16 seconds E for a distance of 278.30' to an iron pin to be set; thence N 2$ degrees 57 minutes 46 seconds E for a distance of 76.03' to an iron pin to be set; thence S 57 degrees OS minutes 00 seconds E for a distance of 250.51' to an iron pin to be set, the place of beginning. Containing 1.977 acres. City 8~ State SPACE ABOVE THIS LINE FOR RECORDER'S USE MECHANIC'S LIEN This form complies with professional standards currently in effect k ~• the undersigaed, claimant, [Name of person or twat cla}tEtmg 'Ntechanres' Lien. t:ontractors use name exactly as tt appears on l;ontractors' LTCense) --- claims a Mechanic's Lien upon the following described real property: C'ty ofM (~ oun /off ~~ ~ (J Sttate oMf ~^ / ~/~ (J(AJ J/~~ //~J~ "~L~.. ~/7 (General description of property where the work or material were famished ~TTT~~~ ~ ~ ~y~A s address is suffrcient, but if possible. use both street addresses and legal description Ttie sum of ~ ~ er with interest thereon arthe hi est 1e rate er annum from t••~-D . _ _._ _ ___ ................... (Amount due and unpaid (Date when balance became due) xs due claimant (after deducting all just credits and offsets) for the following work, equipment and/or material furnish by claimant: See attached invoices (Insert General Description of the woriS equipment or material) famished thagork, egTrip~t and or material at the request or under contract with: mePr -. nn - Irrn~ i,-g~llar . (Name of person or firm who ordered or Contracted for the work or materials) G7 The wn and the repute wners are: ,~ ~' L. ,~ ~~~5 f~~n ~~ (Insert name/address of owner of real property) (~ ~ ~ /~ Cl v ~ ,~' ~ ~ i This can be obtained from the County Recorder or by checking the building permit application at the Building Department Firm Name I declare under penalty of pet jury under the laws s of the Stale, that the foregoing is true d orrec~ By: X ~1 {Signature of cia' t or suthorrzed agent) VERIFICA TION I, the undersigned, say: I am the claimant named in the foregoing Mechanic's Lien; I have read said claim of Mechanic's Lien and know the contents thereof the same is true of my own knowledge. I am authorized to execute this Claim of Lien I declare under penalty of perjury that the foregoing is True and correct Executed on r~~~a ~ at ~ (~ r ~ t J j L ~~ (Date of signature) (City and State where signed) X (Personal gnature of individual who is swearing the wntents of the claim of Mechanic's Lien are true) EXHIBIT "B" RECORDING REQUESTED BY _._~~.~..._...,..._-~N RECORDED MAIL TO _. _ Name: JOhn mQCyCZI<O street Address: /chi `~~ n n ~~ CityBState ~Ubv,.~~ ~Y 13~'~~ SPACE ABOVE THIS LINE FOR RECORDER'S USE MECI~[ANIC'S LIEN This form complies with professional standards cutiently in effect '• the undersigned, claimant, (Name of person of fain ctarmmg 'Mechanics' Lren. t:ontractors use name exactly as rt appears on (:ontractors' License) clairns a Mechanic's Lien upon the following descnbed real property: Cittyy of County of Slate o ~, In~dd~~~~w+~ ~ownshtr~ C'~v-~~p r ~anr~ `/~` ~g-~5?~'-00` (General description of property where the work or material were famished A street address is sufficient, but if possible. use both strcet addresses and legal descrip 'on) _ . The sum of ~ Together with interest thereon at the highest legal rate per annum from t ~- ~ `~ ~- ~- - _ _ _ (Amount due and unpaid (Date when balance became due) is due claimant (after deducting all just credits and offsets) for the following work, equipment and/or material furnish by claimant: See attached invoices (Insert General Description of the work, equipment or material) Claimant furnished the work, equr~p~ryyen~t and or material at the request or under contract with: ~ 7e~ere' ,der . (Name of person or firm who ordered or contracted for the work or materials) ~Fc ~~ s+~c'~u~~,°~ firms ~ ~ ~~o~s i u c~ LP / ~ C` 1~ i 7 F Ns f~ ~(~1~ bF PE N 1~~Y~~ A N I ~ (Insert name/address of owner of real property ) This can be obtained from the County Recorder or by checking the building permit application at the Building Department Firm Name I declare under penalty of pet jury under the laws s of the Stale, that the foregoing ' e and By: X _~ (Signature of cl ' t authorized agent) VERIFICA TION I, the undersigned, say: I am the claimant named in the foregoing Mechanic's Lien; I have read said claim of Mechanic's Lien and know the contents thereof.• the same is true of my own ~owledge. I am authorized to execute this Claim of Lien. I declare under penalty of perjury that the foregoing is true and correct . Executed on ~ I ~ ~~ ~ at C G r ~ ~ S ~ '~ ~q ~'J/~ (Date of si~g~nature) (City and State where signed) (Persofia~gnature of individual who is swearing the contents of the claim of Mechanic's Lien are true) EXHT.BIT ~~C" RECORDING REQUESTED BY WFIII~I.RECORDED MAIL TO Name: C U S ~ n ~ .1.N /`~ ~-~ ~~-S Street Address: ~ ~ `I C,b ~R-; a.s" ~o~~ ~©GL city >~ state p~ +.~' ~(~V ~: ~-5 DSr,~~~a ~ ~ l ~~~ SPACE ABOVE 7T-DS LINE FOR RECORDERS USE MECHANIC'S LIEN This form complies with professional standards currently in effect C ~ 5 T~ tM ~~ j ~ the undersigned, claimant, ~~~ wj (Name of person or tum ctatmmg 'Mechanres' Lren. l:onttactors use name exactly as rt appears On contractors' License) claims a Mechanic's Lien upon the following described teal property: City of ~ County of Slate of _ t 0 - 7'o w N 7a w Ns?'F t +~ ~ G/ ~ ~E ~.1..h~) `~ ~ -'D ~ - 0 5' '? 5 -1D ) (General description of property where a work or material were famished Ayyssq~et address is sufficient, but if possible. use both street addresses and legal description) The sum of ~ f~33S Together with interest thereon at the highest legal rate per annum-from ~'~" ab_ (Amount due and unpaid , (Date when balance became due) is due claimant (after deducting all just credits and offsets) for the following work, equipment and/or material famish by claimant: See attached invoices (insert General Description of the work, equipment or material) Claimant furnished the work, equipZtreat.ap trial at the request or under contract with: D'~ Zoeller Construction - ]ercmiah ZoeL - _~ {~, ~~ ., ~ ~ (Name of person or firm•who ordered or contracted for the work or materials) The ers and the uted owners are: ~ - ~ ~,~„2t_~ ass ~ ~ L- L ~ Ti ~-~. ~s ~,~) ~ o ~ P ~ 1/ ~!5 ~/~v ~ ~' ~ ~} (Insert nameJaddress of owner of real property ) This can be obtained from the County Recorder or by checking the building permit application at the Building Department a Film Name 1 declare under penalty of pet jury under the laws s of the Stale, that the foregoing is true and correct By: X ~~._-_ (Signature of claimant or authorized agent) VERIFICA TION I, the undersigned, say: I am the claimant named in the foregoing Mechanic's Lien; I have read said claim of Mechanic's Lien and know the contents thereof: the same is true of my own knowledge. I am authorized to execute this Claim of Lien. I declare under penalty of perjury that the foregoing is true and correct Executed on r `~~ '-v7 at [/~y2L-1 L~~ ~1~ c ((D)at'eGOf-signature) (City and State where signed) X z-~1~1"""~ (Personal signature of individual who is swearing the contents of the claim of Mechanic's Lien are true) EXHIBIT "D" '`"' <~? ~_ ' ~5 i - -. ~ , • - _~~- _ b O i ~f3 (,~ ~°'' C:~.:: rr __~4~ CALEB HUDGINS Plaintiff, v. AFC WASHCO-CARLISLE CROSSING, LP Defendant iVIAR 15 2~7/~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA MECHANIC'S LIEN DOCKET NO. 07-139 RULE TO SHOW CAUSE WHY MECHANIC'S LIEN SHOULD NOT BE STRICKEN AND NOW, this ~ day of /yia-~-ti , 2007, upon consideration of the attached Petition, a Rule is entered upon Caleb Hudgins to show cause why the Mechanic's Lien filed to the above captioned term and number should not be stricken. Rule returnable thirty (30) days from service. Service shall be made by first class mail, wit] a copy sent by recognized overnight delivery service. By the ,a/~ J. SAIDIS, FIAWER S~ LINDSAY ,trues 26 West High Street ~ Carlisle, PA r ° c~ ~~ °" _ .~, ~ ~'` l,'. ~~ ~ ~4:j-1-i ~ 1 CALEB HUDGINS : COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PA v. MECHANIC' 5 LIEN AFC WASHCO-CARLISLE DOCKET NO. U7-139 CROSSING, LP Defendant DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE SAIDIS, FIAWER ~ LINDSAY ATInRNEYS.nT u 26 West High Street Carlisle, PA Defendant, by its undersigned counsel, respectfully moves this Court to make absolute the rule to show cause which was issued in the above-captioned matter on March 19, 2007 and in support states the following: 1. Defendant filed a petition to show cause why mechanic's lien should not be stricken on March 14, 2007. 2. On March 19, 2007, this Coart issued a rule on Plaintiff to show cause why he should not be compelled to submit to arbitration, returnable thirty days after service. 3. Service was made according to the terms of the Rule to Show Cause on March 27, 2007. A true and correct copy of the certificate of mailing and tracking results for overnight delivery are attached as Exhibit "A." 4. Plaintiff has failed to answer Defendant's petition to date. WHEREFORE, Defendant requests that this Court make the rule to show cause absolute and enter an order striking off Plaintiff's mechanic's lien claim. Respectfull mit d, Date: April 27; 2007 ~,~ebert C. aidis, Esq. Saidis, Flower ~ Lindsay Attorneys for Defendant PA ID No. 21453 26 West High Street Carlisle, PA 17013 (717) 243-6222 i ~~r i s zom ,a/ CALEB HUDGINS Plaintiff, v. AFC WASHCO-CARLISLE CROSSING, LP Defendant COURT OF COMMON -PLEAS OF CUMBERLAND COUNTY, PA MECHANIC'S LIEN DOCKET NO. 07-139 RULE TO SHOW CAUSE WHY MECHANIC'S LIEN SHOULD NOT BE STRICKEN AND NOW, this ~ day of , 2007, upon consideration of the attached Petition, a Rule is entered upon Caleb Hudgins t show cause why the Mechanic's Lien filed to the above captioned term and number should not be stricken. Rule returnable thirty (30) days from service. Service shall be made by first class mail, wi SAIDIS, FIAWER ~ LINDSAY A77DRNEYS•AT IAw 26 West High Street Carlisle, PA a copy sent by reco~ i red overnight delivery service. TRI.lE ~'~~, ~.. In Testim~ and t e se 3 ce ~ .~. }~ hand a _ _ _~,. ~ ~ µ..~ ~,~ y utuily ~, age 1 0 1 ~~ Conn DHL USA Ham Track results detail Tracking results detail for 20751519250 welcome back, Saidis, Shuff, Flower & Lindsay Tracking summary - View DHL.com profile Current Status / Shipment delivered. View Signature - View Online Billing account Delivered on 3/27/2007 9:45 am - Logout Delivered to Residence Door Signed for by LD FD-21 S LEWIS What is this? Track Tracking history - Track by number - Track by reference Date and Time Status Location - Get delivery signature 3/27/2007 9:45 am Shipment delivered. - Track DHL Same Day service ~ Picked Up by DHL. - Monitor shipments Ship From: Ship To: Shipment Information: SAIDIS SNUFF 8- FLOWER CALEB HUDGINS Ship date: . Carlisle, PA 17013 Auburn, NY 13021 Pieces: 1 United States United States Total weight: 1 Ib Ship Type: Letter Expre Shipment Reference: Attention: Attention: Service: Next Day SAIDIS SNUFF & FLOWER CALEB HUDGINS Special Service: Description: Tracking detail provided by DHL: 4!10/2007, 10:33:54 am pt. Track nev You are authorized to use DHL tracking systems solely to track shipments tendered by or for you to C use of DHL tracking systems and information is strictly prohibited. Note on weight: The weights displayed on this website are the weights provided when the shipment was created. Actt weights may be different and will be provided on invoice. New to DHL? Questions? Registration is quick and easy.And as a registered We're here to help! user,you'11 have access to services and tools to help you !Contact DHL ship your packages easily and efficiently. - Register Now DHL Global ~ About DHL ~ Newsroom ~ Contact ~ Sitemap ~ Privacy Policy Copyright (~ 2007 DHL International, Ltd. Alt Rights Reserved. http:Iltrack.dhl-usa.com/TrackByNbr.asp?nav=Tracknbr 4/10/2007 ~i~z~r~ CALEB xTJDGINS v. Plaintiff, ~C wASxco-cARZ.zS~ CROSSING, LP Defendant COURT ~OF CO~NIl~O~YL PSA~DF CLJMBER.L:AND CO , MEC~iANIC' S LIEN DOCKET N0.07-139 RULE TO SIIOW CAUSE fIC'S LIEN S~SOULD NO'I y •s ~ of , 2007, upon consideration of-the attached Petition, AND NOW, tlu ~, y entered u on Caleb Hud~n.s t show cause why the Mechanic's Lien filed to the above a Rule is P captioned term. and number should not be stricken. Rule returnable thirty (30) days from ser~1ce a copy sent byreco~.ized overnight delivery serc~iee. Service shall be made by first class mail, U.S. POSTAL SERVICE CERTIFICATE OF MAILING aC MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT ,h, y PROVIDE FOR INSURANCE-POSTMASTER -"r \, o ,°, Q ~ f. .~ ~ ~ Received From: ~ P}ri ` Robert C_ Saidis, Esq. ~+jti ~ ~" TRt~E ~~Q~ Is~~~j~ 26 West High Street ' ~ - Carlisle, PA 17013 ~ Testiman;' v °j ,-nd t o se l o-~ s one piece of ordinary mail addressed to: <. ~ r ~ C v o~ ~~'~ ~ h ~. da off', :.~p ~rnov-.-.~ ......... . Caleb Hudgins _ _ _ ^~~~~~ ~ Yw .: ~ Y 21 South Lewis Street - --t z~ coo _ Auburn, NY 13021 N~ ~ n m - ~ ° r41 PS Form 3817, January 2001 ti' ~~ S ~ ,c~!~, ~- (U. ~:1c~- ~~ ~~~~~~ ~~ ~ .. ~ .....i4 ,rya. _ . ~~~ ~~ ~ ~ ~;. ~~ ~ . u ~ ~h~ _ .ti "i i ~. Y ~~1 ~ ~ ~ 1. ,. { ~ .. ~~ { `~ 4 ~ ^..,1 . «, L APR 3 0 2007 n'~ J CALEB HUDGINS Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. AFC WASHCO-CARLISLE CROSSING, LP . Defendant MECHANIC'S LIEN DOCKET N0.07-139 ORDER STRIKING OFF MECHANIC'S' LIEN CLAIM AND NOW, this ~ ! day of /'ti1rA„ , 2007, upon consideration of the Petition to Make Rule Absolute, it is ordered and directed that the Mechanic's Lien in the above captioned matter is hereby stricken and the Prothonotary is hereby ordered to strike the above-referenced Mechanic's Lien from the Mechanic's Lien Docket. By the ~~ J. ~~ F ~ ^~. d y ~r~.. ~ ;~~~ ~ ~ ~t ~~^, :a~..f ..~...