Loading...
HomeMy WebLinkAbout07-0142~1~'°~ RECORDING REQUESTED BY WFIEN RECORDED MAIL TO Name: C u S t d ~M ,LN 7~~ ~, ~v°-S street Address: ~ ~ y ~b ~- as City 8 State O~ vJ ~(yV ~ Co~l,~ thou ~~~~-~~a ~s~' o5w~~~ NY c~~ tit L~ SPACE ABOVE 771)S LINE FOR RECORDER'S USE MECHANIC'S LIEN This form complies with professional standard§ curt~erttly in effect the undersigned, claimant, C ~ s Tt7 ,M ~~' i "G_~w -1S (Name of person or ttrm ctaunmg 'Mechanics' Lren. t;ontractors use name exactly as rt appears on l;ontractors' Lroense) claims a Mechanic's Lien upon the following described real property: City of County of Slate of 5. f")tl)Dt-TOWN 7awrSNIP ~G~(~~E~-(~A~D `~~-~~-05'?5 -oaJ (General description ofproperty where a work or material were famished A ysu+eet address is sufficient, but if possible. use both street addresses and legal description) The sum of ~ ~j33S Together with interest thereon at the highest legal rate per annum from ! a~ -! `/ "Ob (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 rriaterial) Claimant famished the ~.~i~ r~~~t~ at the request ~ under contract with: /-~`D~ (Name of person or firm who ordered or contracted for the work or materials) The ^'G- Ltd ~ G)TIZ--~~S (~jA~r~ ~L D~ Q ~IJI~S ~~V/~- ~ I~} (Insert namdsddress of owner of real property ) This can be obtained from the County Recorder ~ 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 and correct By: X T- (Signature of claimant or authorized agent) VERIFICA TION I, the undersigned, say: I am the claimant named is 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 aril correct Executed on f `~~ ~O7 at t/(-~~1 zip i fl' (Date of signature) (City and State where signed) (Personal signature of individual who is swearing the contents of the claim of Mechanic's Lien are true) ~i ~. v~ ..~ rrt s' ~~ ~_ ~ 2~ ~ ~ ~ -rti ~l ~i L~ ~ ~Ofi ^- ~ ~ ~ ~ ~ c~ ~ RICHARD A. ERICKSON b/d/a CUSTOM INTERIORS Plaintiff, v. AFC WASHCO-CARLISLE CROSSING, LP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA MECHANIC' S LIEN . DOCKET NO. 07-~ ~~' Defendant 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 57~' 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. SAIDIS, FI~tJWER Si LINDSAY nT[oRtvers~,u:uw 26 West High 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 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, r~OWER Sz LIlVDSAY n~ox~~vs~.+ruw 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 $1,584.60 "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 it 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 kind 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, FIA'V~ER Si LINDSAY nrtomv~YS.~a:uw 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. Respectfully submitted, SAIDIS, FLOWER ~ LINDSAY ~~:~W 26 West High Street Carlisle, PA Date Z ,Q~ ,.~.- ,,f " Robe .Saidis, sq. Saidis, Flower & Lindsay Attorneys for Defendant PA ID No.: 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 RICHARD A. ERICKSON, d/b/a CUSTOM INTERIORS COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PA v. MECHANICS LIEN AFC WASHCO-CARLISLE DOCKET N0.07-142 CROSSING, LP Defendants. VERIFICATION PURSUANT TO Pa.R.C.P. 205.3 I, Arthur Fefferman, hereby state that (1) the facts in the attached Preliminary Objections are true and correct to the best of my knowledge, information and belief and (2) on the date set forth below I signed this original Verification and faxed it to my attorneys and authorize my attorneys to attach the facsimile copy to the original document to be filed with the Court pursuant to Pa.R.C.P. 205.3(a). 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: ~ ; BY: WASC O-CARLISLE CROSSING, LLC, is ole ge ral ner By: hur Fefferma , resident i t.. ~2~ t STIPULATION AGAINST LIENS THIS AGREEMENT made this 22nd day of September, 2006, by and between National Construction and Development, LLC, of New York, hereinafter referred to as Contractor, ~.~~~ 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 or 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 :NATIONAL CONSTRUCTION in the presence of EXHIBIT "A" .~ ,. _ ~;, STATE OF NEW YORK COUNTY OF ~n ~ On this, the ag'~~ day of ~ ~Ld»~Y/, 2006, before me, the p undersigned officer, personally appeared p,,~ r ~~ ~ ~' , 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 1~OTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN ONONDAGA COUNTY , /~. ~ ( SEAL ) No. 01 WH6102922 COMMISSIQN EXPIRES DECEMBER 8.20" STATE OF NEW YORK . COUNTY OF U G'~L' On this, thea~~~ day of ~~/yJ~ undersigned officer, personally appeared 2006, before me, the ~-es ~~~ , 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 t~. WHALEY NOTARY PUBLIC, STATE OF NEW YORK 2J ( SEAL QUALIFIED IN ONONDAGA COUNTY No. 01 WH6102922 COMMISSION EXPIRES DECEMBER 8.2a~„~~1 ~ ~-~ 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 pin to be set; thence N 62 degrees 43 minutes 12 seconds ~V 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 05 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 VV 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 pinto 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 are length of 121.60' to an iron pin to be set; thence N 61 degrees SS minutes 01 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 28 degrees S7 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. RECORDING REQUESTED BY ~._~.____ .. _._ WI-~N-RECORDED MAIL TO Name: ~ ~~ Street Address: ~ ~ c ~~„`~ ~~.. City & State ~ ~%~/o ~ ~~~~ ~3~ ~t-~ SPACE ABOVE THIS LINE FOR RECORDER'S USE MECF[ANIC'S LIEN This form complies with professional standards currently in effect ,, ~' y the undersigned, claimant, (Name of person or taro clalfntag 'Mechanics' Lien. t;ontracwrs use name exacuy as rt appears on Contractors' License) -.-- claims a Mechanic's Lien upon the following descrtb~ real property: C'ty of oun of Slate of -- ~ -- (General description of property where the work or material were famished =- A~address is sufficient, but if possible. use both street addresses and legal description) ~ra:.,....»....f :'~ ~ ~1'lN. a erwith intrr~attherPnn AtthehivhPStlevaf ratr.nerannnm fmm_i'7-~.I7~.~-~ r,_ ~~- -- (Am ttmo due and uupaid (Daft when balance became due). ~ -• - `~ i'' is due claimant (after deducting ail just credits and offsets) for the following work, equipment andlor material furnish by claimant: Sep attached invoices {Insert General Description of the work, equipment or material) famished th ork, e ' rn'~tit and or material at the request or under contract with: ~ lg~• ----_ (ltame of person or faro who ordered or eoniracted for the work or materials) The wn arr~ the rep wners are: - ~ ) '. _ (Insert name/address of owner of real property) © ~ ~ ~ ~f Y t '~ rj~, /1 i G This can be obtained from the County Recorder or by checking the building permit application at the Building Department / _l a Firm Name I declare under penalty of pet jury under the laws s of the Stale, that the foregoing is hYue d orre By: X (Signature of cla' t or authorized agent) VERIFICA TION Ia 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 i/s'true and correct Executed on ~~~1~ ~ at (~ G1, ~ ~ ~ 5 f L ~'~ (Date of signature) (City and State where signed) X (Personal gnature of individual who is swearing the contents of the claim of Mechanic's Lien are true) EXHIBIT "B" RECORDING REQUESTED BY _~,.~~...~., ,...., _WHEN-RECORDED MAIL TO __ Name: JOhn mCICyC'Z,ICO streetAadress: ~~~~~n n S'~ City & State ~' ~ b v ~. n t ~ J l~ ~ ~ ~2 _ -- SPACE ABOVE THIS LINE FOR RECORDER'S USE MECHANIC'S LIEN This form complies with professional standards currently in effect ~ , ~~ the undersigned, claimant, `gin ~~~ ~ (Name of person o rrrm claiu-tng 'MCCharucs" Lren. t;onttactors use name exactly as rt appears on c:ontractots" License) claims a Mechanic's Lien upon the following described real property: Ci of County of Slate of ~. r~1~c~dle~-owe -FQwnsh~n C`~~m~nr `ctn~ `~~` D~-'~57~-Op~.._. (General description of propcriy where the work or material were famished A street address is sufficient, but if possible. use both street addresses and legal descrip 'on) n The sum of ~i Together with interest thereon at the highest legal rate per annum from-j-Z I ~~ ©..~_ __ _ _ _. {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, equip eat and or material at the request or under contract with: jo / ~ ~" % _ Je r I 1 0 ~ ~ ~~ (Name of person or firm who ordered or contracted for the work or materials) ~Fc ~~' ~+~c~°`~~,° l~ ~~~s~ - ~ ~ ~ C~~ ~ 7 F NS f~ ~-~1c b~ PE N~~~'~v A h~ 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 ' tg 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 ~ l ~ l~~ at ~ G Y' ~ ~ ~ ~ ~ ~q (Date of signature) (City and State where signed) X ~ (Pecs gaature of individual who is swearing the contents of the claim of Mechanic's Lien are true) EXHLBIT «C1~ -- -= D -~ a RECORDING REQUESTED BY WHEN.RECORDED MAIL TO __ Name: C U S! C>>M .LN 1 ~ ~-' ~~'S street Aaaress: ~ ~ y ~~ ~ as ~pu,N,`~j f~ou ~-5 City 8 State o~ +~' ~--~1) IJ ~ ~ ~) ~ Ds c~ ~ ~ A- ' " l ~ ~ ~ SPACE ABOVE TFIIS LINE FOR RECORDER'S USE MECHANIC' S LIEN This form complies with professional standards currently in effect ...~~ the undersigned, claimant, - (Name of person or tirrri clannmg 'Mechanics' Llen. t;ontractors use name exactly as rt appears on l:onlractors' License) claims a Mechanic's Lien upon the following described real property: City of ~ County of Slate of 5 , t'1 ~ ~ oLG Taw n+ 7a w NSY}I P % G/ ~ ~E~2.L,'4~ D `~ d -~ ~3 - off' ? 5 -or 1 (General description ofproperty where a work or material were famished S g description) A st>set address is sufficient, but if possible. use both street addresses and le The sum of ~ ~j3 3 S ~ gather w;th interest thereon at the highest legal rate per annum-from - ! ~ -! y ,' 0 ~- ' 0 • (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 famished the work, 7ro11'r ('nncln~rtirnf . ir.-emi at the request or under contract with: (Name of person or firm who ordered or contracted for the work or materials) /--~ - D~ The ers and the uted owners are: ~ ~ .~..~ ~ ~S ~~ L ~5 ~LV 1~ ~ 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 is true and wrnect 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 wntents 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 l ` O ~ "U7 at Cr~v2L1 ~-~~ ~ 14 ' {Date of signature) (City and State where signed) x ~ ~-~~~ (Personal signature of individual who is swearing the wntents of the claim of Mechanic's Lien are true) EXHIBIT "D" ^j r`: ~ - _.~ RV ' - f 'T'1 ~. , . l' .i_ ' _ '~ ~ W _ - -- ~ ~ ~.--.~ `.`--t.-~-i ~ r •~ c.~ _ G, A i MAR 15 200? a'~ RICHARD A. ERICKSON b/d/a CUSTOM INTERIORS Plaintiff, v. AFC WASHCO-CARLISLE CROSSING, LP Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA MECHANIC' S LIEN DOCKET N0.07- ~ I~l 2 RULE TO SHOW CAUSE WHY MECHANIC'S LIEN SHOULD NOT BE STRICKEN AND NOW, this ~ 9' day of /hct..~+ , 2007, upon consideration of the attached Petition, a Rule is entered upon Richard A. Erickson, d/b/a Custom Interiors 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, with a copy sent by recognized overnight delivery service. ~ By the Ilk. J. SAIDIS, FIAWER ~ LINDSAY nnomvets•.a•uw 26 West High Street Carlisle, PA 'i ~~' "~V J ~`~ ~~ ~ ~ ~V 1. 45fVV dt~lQ:~lv~ ~J J`s;.~ M RICHARD A. ERICKSON b/d/a CUSTOM INTERIORS Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. AFC WASHCO-CARLISLE CROSSING, LP Defendant MECHANIC'S LIEN DOCKET NO. 07-142 DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE SAIDIS, FLAWER ~ LINDSAY nrroRn~snruw 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 i 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 Court 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 m><t d, Date: April 27, 2007 obert~ .Saidis, Esq. Saidis, Flower & Lindsay Attorneys for Defendant PA ID No. 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 MAR l 5 2~7 M~ RICHARD A. ERICKS ON b/d1a CUSTOM IIQTERIORS : Plaintiff, v. AFC WASHCO-CARLISLE CROSSING, LP Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA , MECHANIC'S LIEN DOCKET NO. 07-~ J~~ RULE TO SHOW CAUSE WHY MECHANIC'S LIEN SHOULD NOT BE STRICKEN AND NOW, this ~ day o 2007, upon consideration of the attached Petition, a Rule is entered upon Richard A. Erickson, d/b/a Custom Interiors 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, with a copy sent by recognized overnight delivery service. By the ourt: J. SAIDIS, FLOWER t~ LINDSAY ATIDRNEYS.AT UK' 26 West High Street Carlisle, PA TRIM ~'~~,• ~~~~~ ~~~;~Rl~ in Testim~~ ? my hand a the sea. ~~ pa T i ....~.1.... aay ~,,~ r - - .... Pr thonotary r ~• Page 1 of 1 Conn DHL USA Hom ~~ ~~=-~ ~~,~ ~ ~ Track results detail Welcome back, Saidis, Tracking results detail for 20751713953 Shull, Flower 8 Lindsay Tracking summary - View OHL.com profile - View Online Billing account Current Status +l Shipment delivered. View Signature Delivered on 3/27!2007 8:48 am - Logout Delivered to Residence Door Signed for by LD FD$84 RT25 What is this? Track - Track by number - Track by reference - Get delivery signature - Track DHL Same Day service - Monitor shipments Tracking history Date and Time 3J27/2007 8:48 am Ship From: SAIDIS SNUFF & FLOWER Carlisle, PA 17013 United States Attention: SAIDIS SNUFF & FLOWER Attention: CUSTOM INTERIORS Tracking detail provided by DHL: 4/1012007, 10:36:03 am pt. Location Shipment Information: Ship date: Pieces: 1 Total weight: 1 Ib " Ship Type: Letter Expre Shipment Reference: Service: Next Day Special Service: Next Description: 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. Acts 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'll 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. All Rights Reserved. Status Shipment delivered. Picked Up by DHL. Ship To: CUSTOM INTERIORS Oswego, NY 13126 United States tp:l/track.dhl-usa.comlTrackByNbr.asp?nav=Tracknbr INAR 152007 (~~ RICHARD A. ERICKSON li/~ CCTSTOIVT~TERIORS Plaintiff, v. ~, COURT OF COMMON PLEAS OF CLTNIBER.LAND COUNTY, PA . AFC WASHCO-CARLISLE CROSSING, LP Defendant MEC~EiANIC'S LIEN DOCKET N0.07 ~I~~ RULE TO SHOW CAUSE WHY MECH.<4.NIC'S LIEN SHOULD NOT BE STRICKEN AND NOW, this ~ day o 2007, upon consideration of the attached Petition, a Rule is entered upon Richard A. Erickson, dIb/a Custom Interiors 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, a copy sent by recognized overnight delivery service. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC ANO INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMAgTER Received From: O c Robert C. Saidis, Esq. 26 West High Street ~ Carlisle, PA 17013 ~v One piece of ordinary mail addressed to: Q '~ ~p~i Richard Erickson 4 ~ ~~ ~ 884 Count Route 25 •~_ ,, ,,,~ Oswe o , IVY 13126 'S Form 3817, January 2001 By the ourt: J. ~~ ~t p ~ ^0 ' 4 a ~. ti. TRUE ~~P~ F~'~'~i RF~QR~ ~ ~ ~ estimon~;~ _ _ ... ~,t my hand 'the seal o: ~, c,a r ~~lJ ~,.~ ~~~m ~ i ... .1... day ~t . ~"~ ~ i7 ' ~ n - - w- ~ ... Pr thonotary ~~ (.~:3 ~..~ c~ C: ~. ~ _~ .-:3 ~.. _ _ ` ---j -, ^{ {'A~ .~; ;, 9 _ ~ • • .J,a . ~ ~ ~.~ ~_ • RICHARD A. ERICKSON b/d/a CUSTOM INTERIORS v. AFC WASHCO-CARLISLE CROSSING, LP Plaintiff, Defendant APR 3 0 2001 ~'b COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA MECHANIC' S LIEN DOCKET N0.07-142 ORDER STRIHING OFF MECHANIC'S' LIEN CLAIM AND NOW, this / d day of n~__, 2007, upon consideration of the Petition to Make Rule Absolute, it is ordered and directed~tha~t 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 ourt: `~ , /~' J. ~ ~ , Vt .~ b O v t~~ ~,;. ~~ l ~ ~ 1 ~ ! -- ,~,~~ L~~Z ht~~1~1' i.~ G ;u~-~ ~;-!.i ~C3 :"'~~,Iw:`t~~~`ll~ 8 y: Daniel L. Grill, Esquire Identification No. 65339 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7115 Attorneys for Plaintiff Richard A. Erickson b/d/a Custom Interiors RICHARD A. ERICKSON bld/a CUSTOM INTERIORS PLAINTIFF :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA v. AFC WASHCO-CARLISLE CROSSING, LP DEFENDANT :DOCKET NO. 07 142 :MECHANIC'S LIEN MOTION TO RECONSIDER ORDER STRIKING OFF MECHANIC'S LIEN CLAIM 1. Plaintiff, Richard A. Erickson, is an adult resident in the State of New York with a business address of 884 County Route 25, Oswego, New York, 13126. 2. By Order of May 1, 2007, The Honorable Kevin A. Hess, issued an Order directing that the mechanic's lien in the above captioned matter be stricken and stricken as well from the mechanic's lien docket. 3. Defendant had previously filed a Motion to make Rule to Show Cause Absolute on April 27, 2007. 4. Prior to that, Defendant had filed a Rule to Show Cause why mechanic's lien should not be stricken. 5. Plaintiff does not dispute receiving the March 19, 2007 Rule to Show Cause, on or about March 27, 2007, or shortly thereafter. 6. Upon receiving the Rule to Show Cause, Plaintiff contacted his regular lawyers, Shanley Law Offices of Oswego, New York. It was only learned on May 3, 2007, that Attorney Shanley's key assistant on Plaintiff's account has been out of the office for an extended period of time due to an unspecified accident involving her husband. 7. The undersigned counsel was retained by Plaintiff on May 3, 2007 and at that time forwarded a copy of the Order striking off mechanic's lien claimed dated May 1, 2007 under the signature of Judge Hess. 8. Undersigned counsel immediately filed this Motion for Reconsideration. 9. Addressing the substantive portions of the Rule to Show Cause, there is no reason that mechanic's lien should have been stricken. Likewise, Plaintiff should not be compelled to submit to arbitration, because he is a party to no written contract prohibiting mechanic's lien nor contractually obligating him to waive the right to file such a lien. To the contrary, Plaintiffs agreement with the general contractor was verbal. Moreover, Plaintiff is not seeking by virtue of this lien the full value of his verbal contract, but only the value of that work done but not paid. 10. This Motion was filed within 48 hours of realization by Plaintiff, a New York State resident, that his regular New York State counsel had been unable to engage counsel local to Cumberland County. WHEREFORE, for the above referenced reasons, Plaintiff asks the Court to vacate its Order of May 1, 2007 striking off mechanic's lien claim, and to allow an 2 additional TEN (10) days for Plaintiff to formally respond to Defendant's Rule to Show Cause why mechanic's lien should not be stricken. Thomas, Thomas & Hafer, LLP Date: ' ~,- b ~' gy. Daniel L. Grill, Esquire I.D. No. 65339 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-71115 Attorney for Richard A. Erickson b/d/a Custom Interiors 3 CERTIFICATE OF SERVICE I, Ashleigh E. Anglemeyer, an employee of Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Robert C. Saidis, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 J 500106.1 THOMAS, THOMAS & HAFER, LLP I Ashleigh E. A lemeyer 4 C7 ~ ~ r' a "~rl ': --! i -- - ~ -~ r'; V +.J i.. ::; c .t i~~ r;s ~ ~} RICHARD A. ERICKSON b/d/a IN THE COURT OF COMMON PLEAS OF INTERIORS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. AFC WASHCO-CARLISLE CROSSING, LP, Defendant CIVIL ACTION -LAW NO.07-142 CIVIL MECHANIC' S LIEN IN RE: MOTION TO RECONSIDER ORDER STRIKING OFF MECHANIC' S LIEN CLAIM ORDER AND NOW, this is~~ day of May, 2007, argument on the above-captioned motion is set for Thursday, May 31, 2007, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Daniel L. Grill, Esquire For the Plaintiff ~bert C. Saidis, Esquire For the Defendant :rl ~e.~ ~n ~ . ~'~ ~er~y e~ J s~ ~ U -~. BY THE COURT, 4J i .f I :~a_-. y .~ i ,'~ RICHARD A. ERICKSON b/d/a IN THE COURT OF COMMON PLEAS OF INTERIORS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW vs. NO. 07-142 CIVIL AFC WASHCO-CARLISLE CROSSING, LP, Defendant MECHANIC' S LIEN IN RE: MOTION TO RECONSIDER ORDER STRIKING OFF MECHANIC' S LIEN CLAIM ORDER AND NOW, this 3~ ~ day of May, 2007, this matter having been called for argument, the motion of the plaintiff to reconsider order striking off mechanic's lien claim is DENIED. BY THE COURT, _6i Kevin .Hess, J. Daniel L. Grill, Esquire For the Plaintiff ire ~~~ E Fl J D J n ~ ower, r., squ . ames ~ ~ { ~ ~ For the Defendant ~T- _:;. ~ - , ,: ~~ ~ ~ ~ ~ w