HomeMy WebLinkAbout07-0694
C2 CONSTRUCTION LLC, : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CLAIMANT
CIVIL ACTION -LAW
FCM BUILDERS, INC.
OWNERS : No. Q''j -- ~ 4Y ~~,(~
MECHANICS LIEN
Claimant, C2 CONSTRUCTION LLC., through the undersigned counsel, files this claim
against the improvements and property at 13 Mount Allen Drive, Mechanicsburg, Pennsylvania, for
a payment due to Claimant as a contractor for labor and materials furnished by Claimant and the
sanding and finishing of wood floors. In support of the claim, the Claimant avers the following
statement;
The owners, or reputed owners, of the property are FCM Builders, INC., with
an address at 13 Mount Allen Drive, Mechanicsburg, Pennsylvania 17055.
2. Claimant is C2 Construction LLC., a Pennsylvania limited liability company
having its address at RR 4, Box 4130, Duncannon, Pennsylvania 17020.
The improvements on the property which is the subject of this claim are the
construction of the concrete walls and foundation of a building located at 17
Thompson Lane, Mechanicsburg, Pennsylvania, as per invoice # 25 attached
as Exhibit "A".
4. The labor and materials for which the debt is due were furnished pursuant to
an oral agreement with owner under which the contractor was to be paid for
the time and materials furnished at its standard rate and prices which is
reflected upon Exhibit "A".
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LAW OFFICES
5. The labor and materials furnished consist of the following: construction of
concrete walls, foundation of building, and other miscellaneous concrete
work.
6. Claimant has been paid $4,815.49 toward the debt due Claimant for the stated
labor and materials as per Owners' check #327 dated December 29, 2006. A
copy of that check is attached as Exhibit "B". There is due and owing a
balance of TEN THOUSAND DOLLARS ($10,000.00), for which this
claim is made.
Respectfully submitted:
SCHRACK &LINSENBACH LAW OFFICES
By:
BRIAN C. LINSENBACH, ESQ. (87360)
Attorney for Claimant
124 West Harrisburg Street
P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-973 3
Fax: 717-432-1053
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LAW OFFICES
C2 CONSTRUCTION LLC, : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CLAIMANT
FCM BUILDERS, INC.
CIVIL ACTION -LAW
OWNERS : No.
VERIFICATION
I, DAVID E. LENIG, of C2 CONSTRUCTION LLC, a Plaintiff herein, verify that the
facts set forth in this Complaint are true and correct to the best of my knowledge, information, and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.
C.S. §4904) relating to unsworn falsification to authorities.
DAVI E. IG
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LAW OFFICES
NOkJ-09-2006 11:24 AM THE UPS STORE
. 224 Amity Road
Duncannon, PA 17020
881 To _
FChd Builder
131 Allen Drtvo
~sniwatrg,PA 17035
17179382392 P. 02
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POjecENob Terms
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lane Due on receipt
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9'x l0" 2s7.5 ceoc+eoe walla
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7x8" 8.81 ooactete wails
3'x8" 22 coopate walla
63 8arag~e wall
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bolts + ~~
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bulkheads 1 fl~utted door
3 step in waU haght/and of wall
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rebar 1 caseate plsoemaft tnrck
514 84 rebar
is been a piaasur+e woeting witfi y~oaf
Raba
41.00 10.337.30
39.00 343.39
29.00 638.00
19.00 1,19'7.00
40.00 160.00
1.23 117.50
33.00 140.00
110.00 220.00
100.00 100.00
35.00 105.00
800.00 500.00
0.85 436,90
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Bryan W. Shook, Esquire
ID # 203250
The Law Office of Darrel C. Dethlefs
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone- (717) 975-9446
Fax - (717) 975-2309
[3Shook a dc~llatim.net
Attorney for Defendant
C2 CONSTRUCTION LLC, :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
No: 07-694
FCM BUILDERS, INC, :CIVIL ACTION -LAW
Defendant
NOTICE TO PLEAD
To: C2 Construction, LLC
c/o Brian C. Linsenbach, Esquire
124 West Harrisburg St.
P.O. Box 310
Dillsburg, PA 17019
You are hereby notified to plead to the enclosed Preliminary Objections within
twenty (20) days from the date of service hereof or a default judgment may be entered
against you.
Date: ~ s v1 ~' oZ (~~
Respectfully Submitted,
~.
Bryan W. Shook, Esquire
I.D. # 203250
2132 Market Street
Camp Hill, Pennsylvania 17011
Attorney for Plaintiff
5
Bryan W. Shook, Esquire
ID # 203250
The Law Office of Darrel C. Dethlefs
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
P,Si~Sx~kri dcdl<~~~.nei
Attorney for Defendant
C2 CONSTRUCTION LLC, :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :No: 07-694
FCM BUILDERS, INC, :CIVIL ACTION -LAW
Defendant
DEFENDANT'S, PRELIMINARY OBJECTIONS TO
PLAINTIFF'S MECHANICS LIEN
AND NOW, comes the Defendant, FCM Builders, Inc., by and through their
attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Bryan W. Shook,
Esquire, and hereby files Preliminary Objections to the Plaintiffs Mechanics Lien and
avers as follows:
1. Upon information and belief, Plaintiff, C2 Construction, LLC, is
Pennsylvania Limited Liability Company with an address at RR 4, Box
4130 Duncannon, PA 17020
2. Defendant, FCM Builders, Inc., is a registered Pennsylvania corporate
entity with its registered business office located at 13 Mount Allen Drive,
Mechanicsburg, PA 17055.
3. Plaintiffs, hereby files Preliminary Objections to Defendant's Mechanics
Lien for the reason set forth below.
PRELIMINARY OBJECTIONS, IN THE NATURE OF A DEMURRER,
PURSUANT TO Pa. R.C.P. 1028(a)(4)
4. Paragraphs 1 through 3 are incorporated herein by reference and as
though fully set forth below.
5. Rule 1028(a)(4) allows a party to preliminarily object to a pleading if the
pleading is legally insufficient.
6. Plaintiff's Mechanics Lien is legally insufficient.
7. Plaintiff's Mechanics Lien incorrectly names FCM Builders, Inc. as the
owner of 13 Mount Allen Drive, Mechanicsburg, PA 17055.
8. Defendant, FCM Builders, Inc. is not the owner of 13 Mount Allen Drive,
Mechanicsburg, PA 17055.
9. Plaintiff believes, and, therefore, avers, that Plaintiff has filed their
Mechanics Lien against the wrong party.
10. Plaintiff's Mechanics Lien seeks to place an encumbrance upon the
property located at 13 Mount Allen Drive, Mechanicsburg, PA 17055
however the work done by Plaintiff, as per Plaintiff's invoice #25 dated
9/11/2006 at 17 Thompson Lane, Mechanicsburg, PA 17055. (See also
Plaintiff's Mechanics Lien ¶ 3).
11. Plaintiffs do not, in their Mechanics Lien seek to place the Mechanics Lien
on 17 Thompson Lane, Mechanicsburg, PA 17055, but instead seek to
place the Mechanics Lien on 13 Mount Allen Drive, Mechanicsburg, PA
17055.
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12. Defendant, believes, and, therefore, avers that Plaintiff has filed their
Mechanics Lien against the wrong property.
13. Additionally, Defendant believes, and therefore, avers, that they were not
notified of the claim by Plaintiff, C2 Construction, LLC as required
pursuant to 49 PA. C.S.A. § 1501.
14. Defendant believes that Plaintiff's Mechanics Lien is legally insufficient in
that Plaintiff has failed to show that FCM Builders is the owner of 13
Mount Allen Drive, Mechanicsburg, PA 17055 and that the lien was
incorrectly filed against 13 Mount Allen Drive, Mechanicsburg, PA 17055
when the work, which is the issue of the lien, was completed as per
Plaintiff s invoice #25 dated 9/11 /2006 at 17 Thompson Lane,
Mechanicsburg, PA 17055. (See also Plaintiff's Mechanics Lien ¶ 3).
WHEREFORE, for the reasons set forth above, Defendant, FCM Builders, Inc.,
respectfully requests that this Honorable Court sustain the Preliminary Objections and
dismiss Plaintiff's Mechanics Lien as legally insufficient. A hearing is respectfully
requested.
Respectfully Submitted,
Law Office of Darrell C. Dethlefs,
Date: S a I - oZ ~7 ~,
Brya .Shook, Esquire
I.D. # 203250
2132 Market Street
Camp Hill, Pennsylvania 17011
Attorney for Plaintiff
z
C2 CONSTRUCTION LLC,
Plaintiff
v.
FCM BUILDERS, INC,
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:No: 07-694
:CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Defendant's Preliminary
Objections to Plaintiff's Mechanics Lien, was hereby served by depositing the same
within the custody of the United States Postal Service, First Class, postage prepaid,
addressed as follows:
C2 Construction, LLC
c/o Brian C. Linsenbach, Esquire
124 West Harrisburg St.
P.O. Box 310
Dillsburg, PA 17019
Respectfully Submitted,
Dated: J ~vZ ("~~7 By: ~/-
Bry W. Shook, Esquire
I.D.# 203250
2132 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
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C2 CONSTRUCTION LLC, :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : No: 07-694
FCM BUILDERS, INC, :CIVIL ACTION -LAW
VERIFICATION
I hereby verify that the statements of fact made in the foregoing Preliminary
Objections, are true and correct to the best of my knowledge, information and belief. I
understand that any false statements therein are subject to the criminal penalties
contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities.
further certify that I am authorized by FCM Builders, Inc. to make this verification.
Date: S~ l Y o~
CM uil ers, nc.
By:
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C2 CONSTRUCTION LLC,
Plaintiff
vs.
FCM BUILDERS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. 07-694
ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S MECHANICS LIEN
AND NOW, comes the Plaintiff, C2 CONSTRUCTION LLC, by and through its
attorney, Brian C. Linsenbach, and files the following response to Defendant's Preliminary
Objection to Plaintiffs Mechanic's Lien and avers as follows:
1. Admitted.
2. Admitted.
3. Denied. The Plaintiffs did not file Preliminary Objections.
ANSWER TO PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER,
PURSUANT TO Pa. R.C.P. 1028(a)(4)
4. Paragraphs Number 1 through 3 are incorporated herein by reference and as
though fully set forth below.
5. The averment contained therein is a conclusion of law to which no response is
necessary.
SCHRACK~ 6. Denied. The averment contained is a conclusion of law to which no response is
I il~tS~ required. To the extent an answer is required, Plaintiff states its claim is legally sufficient.
LAW OFFICES
7. Denied. Plaintiff s Mechanic's Lien does not incorrectly name FCM Builders, Inc.
as the owner of 13 Mount Allen Drive, Mechanicsburg, PA 17055. In fact, averment Number 1
of the Mechanic's Lien states that FCM Builders, Inc. has an address of 13 Mount Allen Drive,
Mechanicsburg, PA 17055 and averment Number 3 states "The improvements on the property
which is the subject of this claim are the construction of the concrete walls and foundation of a
building located at 17 Thompson Lane, Mechanicsburg, Pennsylvania, as per invoice #25
attached as Exhibit "A." Averment Number 3 specifically states the property subject to the claim
is 17 Thompson Lane, Mechanicsburg, Pennsylvania.
8. Denied. After reasonable investigation, the Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the averments contained therein and strict
proof is demanded at trial.
9. Denied. Plaintiff does not believe it has filed a Mechanic's Lien against the wrong
party. In fact, the Mechanic's Lien was filed against 17 Thompson Lane, Mechanicsburg,
Pennsylvania and during the search of an independent abstractor, the Lien was discovered;
therefore, it is properly filed. A copy of the independent abstractor's search is attached as Exhibit
..A ~~
10. Denied. Plaintiff s Lien does not seek to place an encumbrance upon the property
at 13 Mount Allen Drive, Mechanicsburg, PA 17055. Plaintiff placed an encumbrance upon the
property at 17 Thompson Lane, Mechanicsburg, Pennsylvania, as per Plaintiff s Lien Paragraph
Number 3, as well as evidenced by the abstractor's search.
11. Denied. (for the same reasons as above in Paragraph Number 10)
12. Denied. Plaintiff filed a Mechanic's Lien against 17 Thompson Lane,
Mechanicsburg, Pennsylvania.
13. Denied. Defendant was notified of the Mechanic's Lien and Notifications are
attached as Exhibits "B" and "C."
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~~iSENBACH 14. Denied. Plaintiffs Lien is legally sufficient and it shows that Defendant, FCM
LAW OFFICES
Builders, Inc., is the owner of 17 Thompson Lane, Mechanicsburg, Pennsylvania, which is the
subject of the Lien as per Paragraph Number 3 of the Mechanic's Lien. The introduction to the
Mechanic's Lien incorrectly stated "13 Mount Allen Drive, Mechanicsburg, Pennsylvania",
which was not and averment within the Lien itself.
WHEREFORE, for the reasons stated above, Plaintiff prays this Court to deny the
Defendant's Preliminary Objections filed by Defendant.
Respectfully submitted:
SCHRACK & LINSENBACH LAW OFFICES
BRIAN C. LINSENBACH, ESQUIRE
I. D. No. (87360)
Attorney for Plaintiff
124 West Harrisburg Street,
P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-973 3
Fax: 717-432-1053
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LAW OFFICES
C2 CONSTRUCTION LLC, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
CIVIL ACTION -LAW
FCM BUILDERS, INC.,
Defendant No. 07-694
VERIFICATION
I, DAVID E. LENIG, of C 2 Construction LLC, am authorized to make this Verification
on its behalf. I have read the foregoing Answers and state that the facts forth therein are true and
correct to the best of my knowledge, information, and belief. This verification is made subject to
the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to unsworn
falsification to authorities.
Date: G D ~
ID E. LENIG
SCHRAC~~
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LAW OFFICES
C2 CONSTRUCTION LLC,
Plaintiff
vs.
FCM BUILDERS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. 07-694
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer to Defendant's Preliminary Objections
to Plaintiffs Mechanics Lien, was hereby served by depositing the same within the custody of the
United States Postal Service, First Class, postage prepaid, addressed as follows:
Bryan W. Shook, Esquire
Law Office of Darrel C. Dethlefs
2132 Market Street
Camp Hill, PA 17011
c~ 7 ~7
Date
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BRIAN C. LINSENBACH, ESQ. (87360)
SCHRACK &LINSENBACH Law Offices
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
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LAW OFFICES
MAY-O7-2007 10:37PM FROM-
IvIVEN J. BAIRD
37 S. Hanover Street, Carlisle, Pennsylvania ] 7013
(717) 243-5732
FAX (717) 243-8110
STATEMENT FOR T1TLE 'WORK PERFORMED
DATE: May 7, 2007
TO: Brian C. Linsenbach, Esq.
RE: Miller
PROPERTY SEARCHED:
Two owner search: 1510 Thompson Lane, Parcel # 13-10-0258-034
AMOUNT TO REMIT: ~ 45
T-139 P.001/009 F-539
THANK YOU
I~AY-07-2007 10:37P~1 FR0~1-
TITLE REPORT SUMMARY
DATE: May 7, 2007
CLIENT: Linsenbach
T-139 P.002/009 F-539
LOCATION: 1510 Thompson Lane, This is the address for the parcel number provided.
DESCRIPTION: Cumberland County Lower Alten Township
Parcel Nr. 13-10-0258-034
Plan: Lot:
Plan Book: Page:
PRESENT OWNERS: Alison M. Miller
GRANTOR: FCM Builders, Inc.
DEED BOOK: 2780 Page 1660 DATE OF DEED: 12/29/06 DATE REC 1/9/07
MORTGAGES:
FROM: Alison M. Milier TO: MERS (GMAC Mtg., LLC}
DATED: 12/29/06 RECORDED:1/9/07
IN MTG. VOL: 1978 PAGE: 4779 AMOUNT OF $ 240,000
DELINQUENT TAXES: None
JUDGMENTS/LIENS (Includes buyers if full names provided):
Mechanics Lien in 07_
RESTRICTIONS: None new
EASEMENTS/RIGHTS OF WAY:
Rights granted to PPL Electric Utilities Corp in Misc. Bk 730 page 4165.
ASSESSMENTS: LAND: 32,940 IMPROVE: 478,300 TOTAL: 509,240
THIS REPORT DOES NOT INCLUDE DOMESTIC RELATIONS ARREARAGES
SEARCH DATES: 5/31/06 to 5/2/07
Previous owner, FGM Builders, Inc. took title in Deed Book 274 page 4504.
T-139 P~003/009 F-539
MAY-07-2007 10:37P1~ FROM-
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~f ~ ~ -lo~ ~--b3
~~~ JqN 9 Pal 2 49 Ta: Parcel #:
~S DEED
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Made the ~~ ~ day of ~ c-rwi./ in the yew of our Loral two
thousand six (2006).
BE7~VSF.N FC1VI BIJ~LDER~~IC_. hereinafter referred to as '~'GRAIVTOR"
and
ALi90N M.,_,~R. muried woman, hereinafter rofened to as "GRANTEE„
W1<TNESSETH, that in cansidcratian of THREE HLf 1~tDRSD TSOUSANtD aed
1V0/'100 (5300,000.00) DOLLARS, in hand paid the reoaipt whereof is hereby
aclmowledged, the said GRANTOR does hedYby gent and convey to the said GRANTEE,
its st'~ccessors and assigns, all those certain premises ape+cifically hereinafter described.
~~
SEE LEGAL DESCRIPTION ATTACHED AS EXIFHBIT "A"
BEING THE SAME PBEI4IISES which Jeffrey P. Beckett sad Jody F. Beckett,
husl+~nd and wife, by Decd datod May 31, 2046 end recorded June 2, 2006 in the Qffice of
the tecorder of Deeds in and for Cumberland County, Pemtsylvauia, in Book 274, Page
4504, granted and conveyed unto Ft..,M Builders, inc., GRANTOR bcreio.
?OCETBER with all aid singular the improvements, ways, water, water~aurses,
right, liberties, privileges, hexeditatttenfa and spptuttnauces whatsoever thereunto
belonging, or in any wise appg, and the reversions and c+anaindcts, rents, issues and
pmfSts thereof; and also, all the estate, right, title, interest, use, trust, property, possession,
clam. ~d demand whatsoever, of the Grantors, in law, equity or otherwise, howsoever, in
and *a the seine and every part theroof.
~ TO tIAYE AND Z iD HDI.D the said lots or pixel of gromd above described, with
the ~uildangs and imprnvem~ts thereon erected, hereditaments and premises hereby
grautad ar mentioned, and intended so to be, with the appu~rttenances, untio the said Crrantee,
the Gtaniee's h,cirs and assigns, to and for the pmpor use and benefit of the said Grantee,
the C,rantee's hairs and assigns, forever_
,,
B00lf ~"~~ PACI~~j~;Q
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I~AY-~7-2007 10:38P~1 FR01~-
EXHIBIT "A"
T-139 P.0041009 F-539
ALL TIiAT CERTAYN piece or parcel of land situate in Lower Allen
Township, G`umberlaad County, Pemtsylvamia, bounded and descn'bed as follows,
to wit:
BEGINNING at a point in the center line of public road leading from the
Slabc Hill-Lisburn Road to the Fulling Mill, said point being 306.00 feet measured
eastwardly along the center line of said road from the intersection of said center
line with the westerly line of the said road from Slate Hill to Lisburn; thence
continuing along the center line of said public road to the Fulling Mill, North 64
degrees Past, 365.00 feet, mioze or less, to a point on the Iands, South 26 degrees
East, 145.00 feet, more or less, to a poi thence by land now or formerly of
Rohland, Sough 64 degrees West, 365.00 fart to a point; thence by the same, North
2b degrees V~si, 145.00 feet to the point or place of BEGINNING.
UNDER AND SUBJECT to conditions, restrictions and casements of prior
record pertaining to the premises.
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it.strR LW!-'1Qi~Vv if ~7~c~'1 iT:1l~QV
Resar~s: >7ET~~FS
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T~tai R~ei~re~..,:.., ;i:~;6.54
800K ~'~$ P~6f1~.
' ~IIIY=07-2007 10:3BPN FROM-
T-139 P.005/009 F-539
AND the said GRANTOR does hereby WARRANT SPECIALLY the property
herein conveyed.
IlV W1TNE35 WHEREOF, said GRANTOR has hereunto set his hand and seal
the ciay and year firstabove-written.
R'l~1VE
FYederi~ck C. Miller, President
FCM Buildccs, Inc.
COM, MONWEALTB OFPENNSYLVANL4:
., ~.
On this, the day of ~ , A.D., 2006, before rte, Notary
1°iubli~ the undersigned officer, P~~j3' gpPe~e1d FREDERICK C. MII.I.ER,
President, FCM BujWen, Ite., brown to nu, (or satisfactorily pm-aen) to be the person(s)
whose name(s) is/are subscribed to the within ~nstruntent, and ac~Enowledged that
hels~ie/they executed the wine for the purposes therein conuttned
,; IN fYITNF.S.S WlI$REOF, I her s my banal and official seal,
~TM of F~s~nvMrt- ~~}
r+oesw s~ No hlic
nsna~ C. DeMrefs. Nooh-PUbtc
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KaMsr;•Pn~yhanl~ ~~.a,,, or Nolades
I hereby certify that the precise residcnce of the Grantees is:
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Attornay iYAgeat for Grantees
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