The URL can be used to link to this page

Home My WebLink About01-1141 FX k' . . '--', . COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F, Coyne Lisa Marie Coyne 3901 Market Street Camp Hill, Pennsylvania 17011,4227 717-737,0464 Fax: 717-737,5161 November 20, 2002 Honorable George E. Hoffer President Judge Court of Common Pleas of Cwnberland County Cumberland County Courthouse Carlisle, P A 17013 Re: Kevin J. Villarreal t/d/b/a Villarreal Flooring v, Nicholas J. Ortega and Brenda E, Ortega Docket No, 01-1141 MLD Dear Judge Hoffer: On September 5, 2001 you signed an Order for the above noted case to be heard before a Board of Arbitrators consisting of Attorney Stephen Bloom, Attorney Jess Ruhl and myself, Since receiving this Order, I arranged a Hearing on October 30, 2001 and a Hearing on June 11, 2002, Both hearings were continued at the request of the attorneys involved. The Hearing on June 11, 2002 was continued with the understanding that the attorney requesting the continuance would make all the arrangements with counsel and the arbitrators for a suitable date, time and place for the Hearing to be conducted, I have heard nothing from either attorney involved in this case, I am returning this file to you, Respectfully yours, HFC/amd Enclosure ~COYNE,P.c ~F=1 Cc : Jesse R. Ruhl, Esquire Stephen L Bloom, Esquire Thomas 0, Williams, Esquire Paul Taneff, Esquire >",_";0/,,,,,,,,,,_",-- " .';a. _..L........" "'~ "~""'...""'" ,._-~ _"'J'''''''''''''''''''''i' . , COYNE & COYNE A PROFESSIONAL CORPORATION ATIORNEYS AT LAW Henry F, Coyne Lisa Marie Coyne 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717,737,0464 Fax: 717-737-5161 June 7, 2002 Via Fax 717-564-8683& 1st Class Mail Paul Taneff, Esquire Ricci & Taneff 4219 Derry Street HarrisbUl'g, P A 17111 Re: Kevin J. Villarreal t/d/b/a Villarreal Flooring, v. Nicholas J. Ortega and Brenda E. Ortega Docket No. 01-1141 MLD Dear Mr, Taneff: I received your faxed memo, dated June 6, 2002, concerning the above action, AI; you requested, I am granting a continuance with the understanding that you will contact all members of the Board of Arbitration and Attorney Williams the week of June 16 to reschedule this hearing in the event that this case does not settle in the interim, In the event you do not contact me during the week of June 16, I will return the file to the Prothonotary's Office and I will request President Judge Hoffer to vacate the appointment of the Board of Arbitration. I look forward to hearing from you in the near future. Very truly yours, CJr2f COYNE, H'Cf~Oyne HFC/amd Cc: Jesse R. Ruhl, Esquire, w/encL Stephen L. Bloom, Esquire, w/encL (via fax 249-7757 & 1st Class Mail) Honorable George E, Hoffer, President Judge Thomas 0, Williams, Esquire, (via fax 730-7366 & 1 st Class Mail) Court Administrator, Cumberland County ,." ,....<.m...... ,','~_"__",_____._.,'_, .,...._"'_~,~........",.._,,"" .. _~...,_L .. **************************************************************************************************** * . p, 0 I * * ' TRANSACTION REPORT * * JUN- 7-02 FRI 3: 04 PM * * . * * FOR: 4367913126963 7177375161 * * * * DATE START RECEIVER TX TIME PAGES TYPE NOTE * * * * JUN- 7 3: 04 PM 5648683 46' 1 SEND OK * * * **************************************************************************************************** -' 6 ~ - - .......- -- __~_,_~_" ~ _ ""_ ._,~_"',' .-"'"...,.,,"-'..L_'__~"_=,,~"__", ,'.__~_____:._","_,O,~_,_" , .,i.-'__",_---"."-,,::l,,"_,~,. ""'__,".'H --," **************************************************************************************************** * ' p, 01 * * . TRANSACTION REPORT * * JUN- 7-02 FRI 3:07 PM * * . * * FOR: 4367913126963 7177375161 * * * * DATE START RECEIVER TX TIME PAGES TYPE NOTE * * * * JUN- 7 3: 06 PM 2497757 45' 1 SEND OK * * * **************************************************************************************************** ...Ail -- ilI.lIl ---- -- _ _ ,.".. ._1-_ ._,,1," ,____~__,,'" I _'_ "." L,'_ I "~, '"""-""",",',, J ,J'c,CC ".., I' ,,_.1 **************************************************************************************************** * - p, 0 I * * . TRANSACTION REPORT * * JUN- 7-02 FRI 3:14 PM * * . * * FOR: 4367913\26963 717737516\ * * * * DATE START RECEIVER TX TIME PAGES TYPE NOTE * * * * JUN- 7 3: 13 PM 7307366 46' \ SEND OK * * * **************************************************************************************************** J.M - - - 06/06/2002 11:36 7175648683 RICCI & TAHEFF PAGE 01 I RICCI &TANEFF ATIORNEYS A..'I!J) COUNSELLORS AT LAW 4219 Derry Street, Harriohurg, PA 17111 "!'"l."lu>n", (717) 564-5lH3 F..,. (only). 4717) 564.8683 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: 717-737-5161 To: HENRY F. COYNE, ESQ, Of: (OYNI=: & COYNE From: PAUL TANEFF ClientlMatter: VILLARRRAl. V. ORTGEGA Date: JUNE 6, 2002 Number of pages (including this sheet): 3 COMMENTS: PLEASE SEE LTR OF EVEN DATE WHICH FOLLOWS, A COPY HAS BEEN FURNISHED TO OPPOSING COUNSEL. THANK YOU FOR YOllR KTNTl ATTF.NTION TO TIllS MATTER, NOTE: If any of Ihese fax copies ue illegible, or you do not re<:eive the same number of pages as stated above please contact me immediately al: (117) 564-5833 CONFJDENTlAUTY NOn InrllrmllloJlldocuments ..':.....p.nyitlg lbi, trlRflDis,ion cOlratn IDrol1lllllon rrum lIle Law arlll of lUCCI &; TANF.fi'F, whkh II c:unl\llebllal Indlor 1....ly privl'" Tblll lnfulllLllion io lnoended ,oIeIy for die.... orllle Indi.idual or .nllly ...med on this ''In,ml..1nIl slleet If ~ IN 10lllle ...lpaled ~I, YO. ..... bonoI>y lPllitled .h.,....y dhdos...., "",)'111& dlmlhutlon II. lakiBg of'.ny I<II0n of' nil....". die _tenls of'IIlI. lnrormalioa I. prohibited. Ifyqa ba.. .....ived tbl. lnan.ml..lon 10 .rror, pi.... DolIfy .. hy mlephofte imlOedlate!y so lb.1 "'. <aD arraoll" for Ibe mum of' 1II. or\~inDI do<umenl. lu D' al no ...1 to you and wltb ....m~u....monl rut ,....l> you may h.w, inrn.....d in ........dlng 10 thi.. hOtttkation. _.:, ,'",'_L~L~_c, 06/06/2002 11:36 7175648683 RICCI & TANEFF PAGE 02 RICCI & TANEFF ATTORNEYS AND COUNSl<LL~S AT lAW GNQ(W J. Ricci" Pa~1 T~_ 4219 Derry $I..., Hamoburg, PA 17111 Tel: (717) llO4-8833 ~." (717) 564-8683 June 6, 2002 VIA FAX TRANSMISSION TO (717) 737-5161 AND FTl'IS'I' ClASS MAIL HENRY F COYNE ESQ COYNE & COYNE PC 3901 MARKET STREET CAMP HILL FA 17011 RE: KEVIN VILI..ARREAL t/d/b/a VILLARREAL FLOORING V_ NICHOLAS J. AND :BRENDA E. OR'l'EGA. NO. Ol-1l41-MLD Dear Mr~ Coyne: It was brought to my attent~on in a telephone message and subs.equent telephone conversation with opposing counsel that a h<laring had been, scheduled for the referenced matter on Tuesday, June 11, 2002. UnLoLLl.lIlatcly, L never received a hearing notice and therefore had not placed the matter on my calendar or made '. arrangements with my client to be available. ~s a consequence, I hild prE~vi()llsly SCheduled a vacation next week and I have been advised by my client that he is scheduled Lu lJe out of town on business. I have advised opposing counsel of these facts and T do not b,~lieve he would be opposed to a continuance in view of the fact that he has approached us with an offer of settlement and wishes to settle this matter outside of arbHration. tlf!r.a\l5e! of conflicting schedules. I have been unable to meet with my client to discuss opposing counsel's settlement after, but hope to do so shortly. With the foregoing said, and in view of the unsuitability of the scheduled hearing date because of lack of notice, 1 wi.ll take responsibility for making the necessary arrangements with opposing counsel and your office to re-schedul e II imitable date, time and place for hearing. In the event this case does not settle, T hope to contact you the week of June lb, 2002 with some dates for a re-scheduled hearing. '1Ilhr>_itHlGrnUU'l1'l1 -~ ,.,'- """ ' --------- - -"-- u< J 06/06/2002 11:36 7175648683 RICCI & TAHEFF . . Letter to H.F, Coyne, Esq. Re: Villareal v. Ortega, No. 01-1l41-MD June 6, 2002 Page 2 Thanking you for your kind dssistance in this matter, I remain, uly yours, 0;!.1iJ.ff- PT/pL cc: Nicholas and Brenda Ortega 1361 Shuman Drive Mechanicsburg, PA 17055 Thoma~ O. Williams, ~sq. (v/Fax and First Cl~~s Mail) Reager & Adler, PC 2331 Market Street Camp Hill. PA 17011-4642 R~f:c:\orte9\n~~ho1as\119.wpd ~ - - - PAGE 113 - '"';'''-'--'-''.~'''''''!iliI>''' "~'-' ="""'....~~'" ~..-''''' ~_ ~=~... "-... . ...... "- -~ - --",,~._'~.."~ ~.. ~~"F"~"' ~J,~I!lI.illii.;lii. ~1.'"~,~r.ltNit> "''''~~''''''j,i_.1<",,~', COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737,0464 Fax: 717-737-5161 October 24, 2001 Thomas 0, Williams, Esquire Reager & Adler, P,C, 2331 Market Street Camp Hill, PA 17011-4642 Paul Taneff, Esquire Ricci & Taneff 4219 Derry Street Harrisburg, PA 17111 Re: In the Court of Common Pleas of Cumberland County, Pennsylvania Kevin J. Villarreal t/d/b/a Villarreal Flooring, Claimant/Plaintiffv. Nicholas J. Ortega and Brenda E. Ortega, husband & wife, Owner/Reputed Owner/Defendants Docket No. 01-1141 MLD Mechanics' Lien Gentlemen: Because of the conflict in schedules of Counsel for the Plaintiff and the Defendant, the hearing with the Board of Arbitrators on October 30, 2001 for 9:00 A,M. is hereby continued. It is the duty Defendant's Attorney and the Plaintiff s Attorney to reschedule the hearing as per my correspondence dated October 16, 2001, Very truly yours, fl~& COYNE, P.C. t:rrcq Coyn HFC/amd Cc: Jesse R. Ruhl, Esquire Stephen L. Bloom, Esquire ~ r"'~-"--"-" --- " _-..~LL,_""~~_ """'__0',,,,-'--'-- ,/2001 15: 52 71 75648683 RICCI & TANEFF PAGE 61 CJ RICCI & TANEFF A1TORNEYS AND COUNSELLORS AT lAW 4219 Derry Street, Harrisburg, PA 11111 Telcphonc; (717) 564.5833 h" (only): (711) 564-8683 'I ";~:':C, ' ':.t' ': ,~,\.:;~; i;':l':~i ' FAX COVER SHEET FAX NUMBER TRANSMITTED TO: 717-737-5161 tQ: HENRY F. COYNE, ESQ. Of: ' COYNE & COYNE, PC From: PAUL TANEFF Cli"ntlMallo:.. VILLARREAL V. ORTEGA, NO. Ol,I141,MLD Date: OCTOBER 16,2001 Number of pal'es (includiug this sh\:el): 3 COMMENTS: PLEASE SEE LTR OF EVEN DATE WHICH FOLLOWS, THANK YOU FOR YOUR KIND ASSISTANCE. NO'/'t:: If any ofthe.e fax eopies are illegible, Or you do not reoeive the samellumber of pages 0$ stated above plcasc contacl me immediately at: ( 717) 564.5833 CONFII)I!NTlALITYNOTE Informallonldocumenl1accompanymg ibis Iranft1llsslOn COIItaln informatioD from lb. bw nrm or RICCI &. T ANEFF, wlllch Is conndllfltlal aDdlDr 'oplly prlvll"lOd. TbisiJiformatlo. is intended SQlely for the .s. or the individual Dr ..tity named Oil Ilia. t"a~ll!jlui!t$ivu !lib.. If yuu IU1t au(. tit. dltbilDahld ~ipieDt, yuu are h.rW)' BuUr..d th.l any d.in:lu:nln; cop}1Da, dlarlbutlott 01" tilllkblt I)f ._Y lI.dj.. of realavlII:. 00 the oontltnts of tbiIJ i.,form;atiQJ;I is prohibltet.i. If yo.. hsn received this transmis.;')rt in Itttor, please potil)' us bY teleplloD' immediately 5(1! th.d w, Qn ao-a~glt for t,be t'ttQtn uf the qrlgin... doe..UlCn't$ to us. at no !tOlt to yo.u and. wItb relmbunl!ment fo.r ~ostl you may bave tRw"cd in rnpoqdiHIg to th.l. lIottncation. .1 ~/2001 15:52 71 75648683 RICCI & TANEFF PAGE 02 RICCI & TANEFF ATTORNEYS AND IXlllNllF" ORS AT lAW GregOl\l J. RIa;I" PauJ Teneff* ~219DenyS_1 flarrisbolll, PA 171 I I Tel: (717) 564-5833 Fa.. (717) 564-8683 October 16. 2001 VIA FAX TRANSMrSSION TO (717) 737-5161 AND FIRST CLASS MAIL HENRY F COYNE ESQ COYNE " COYNE PC 3901 MARKET STREET CAM'P HUL FA 17011 RE:: DVIN VII.I.ARREAL t/d/b/a VILLAJUUtAl. FLOORING V_ NICHO~!l. ~,. ANDB~A B. ORTEGA. NO, 01-1141-MLD Dear Mr. coyne: I just received a copy ef a letter written to you by oPposi09 counsel, Thomas O. Williams, cencerning an Arbitratien Hearinq that has been apparently (first notice that I received) scheduled to be held on October 30, 2001, at 9:00 A.M. Your office called here last week to confirm this date, but was "dvised that I woul.d not be availabl.e pecau:se of ot,h..r pr..- scheduled matters, I was under the impressien that an alternate date and time was going to be scheduled. Apparently, Mr. Williams also. has a cenflict. I would respectfully request. that the Arbitratien Hearing schedule<:l for OCLober 30, 2001 be reschedule<:i for a date certain after November 5, 2001, 1 have t~ken the IIberty'ef furnishing a cbpy of this ]<"LI:er 1:0 opposing counsel for his information, Thank yeu fer your kind assistance and cooperation in this mat ter. yours, t"l'/j It 'IdIO dI1l11fl In IIknoll -.- ll<>.. - ~/2eeQ 15'52 I 7V5548683 Letter to H.F. Coyne, Esq. Re: Villarreal v. O~tega October 16, 2001 Paqe 2 ~P'" cc: Nicholas and Brenda Ortega 1361 Shuman Drive Mechanicsburg, FA 17055 'l'horna:5 ()~ Williams, E::sq. keager & Adler, PC 2331 Market Street' Camp Hill, PA 17011-4642 - 1'- I~l"~ r: 'n': \t.l ~': (~;J\n i (,k \] 1, 5. wpd ,~ ~ ,RICC1&' TAtEFF PAGE 133 "I' , " , 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763,1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com D rn:@[gO\0'g n OCT,12~' U REAGER.& ADLER, PC ATTORNEYS AND COUNSELORS AT LAW , THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE H. CLOUGH CHRISTINE SCHWAMBERGER Writer's E-Mail Address:tomWill@epix.net + Certified Civil Trial Specialist Re: ct. ~. - \~..bu, I.(~ tOa.a-t~ l,~ ~ ~1f-v ~ ~~ .-4'''1' Notice ofHearlng c,JJ.. (fi t, 0 P /1'\ Kevin Villarreal t/d/b/a Villarreal Flooring v, Nicholas 1. and Brenda E, Ortega "). ,D Docket No,: 01-1141 MLD (Cumberland Co, C,C.P,) Our File No,: 01-100,000 October 11, 2001 Henry F, Coyne, Esquire COYNE & COYNE, PC 3901 Market Street Camp Hill, P A 17011 Dear Mr, Coyne: We received the Notice of Hearing setting the above referenced arbitration for October 30,2001, at 9:00 o'clock a,m, Unfortunately, I have a previously scheduled hearing at that time, I do recall your office checking with my office to schedule a hearing on this date but the hearing was to be in the afternoon, I understand and can appreciate the difficulties in attempting to schedule a hearing around so many schedules, However, I must respectfully request that the hearing be changed to the afternoon of October 30, 2001, or scheduled for another day, I apologize for any inconvenience this may cause, On the Notice ofHearlng it indicates that anyone who finds the hearing date unsuitable is responsible for making all arrangements with counsel and the arbitrators for a suitable date, time and place, By way ohhis letter, I propose that the hearing take place at 2:00 o'clock p,m, on October 30, 2001, at the location set forth in the Notice ofHearlng, I will have my secretary, Chris, contact all of you by telephone so that a mutually convenient time can be scheduled for the arbitration, TOWlcmc cc: Paul Taneff, Esq, Stephen L. Bloom, Esq, Jesse R, Ruhl, Esq, Kevin Villarreal ,E """" '--"~~I.'~ "".. "~ - <= - ~,,,,.,.... ri. "U"~~ ,I ,",L ~--" -.'" ~.""'~'-,,,,,.,,,,,,;,,,,, ..... ,.... ~ COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ~ Henry F, Coyne Lisa Marie Coyne 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717,737-0464 Fax: 717-737-5161 October 16, 2001 Via Facsimile No. 564-8683 and First Gass Mail Paul Taneff, Esquire Ricci & Taneff 4219 Derry Street Harrisburg, P A 17111 Re: Villarreal Flooring v. Ortega Dear Attorney Taneff: I received your fax, dated October 16, 2001, Per the Notice of Arbitration, whichever party has a conflict with the stated date is required to coordinate a new date/time/place with all parties and arbitrators, I await notification from you and Mr, Williams concerning the new "conflict-free" date, Very truly yours, r(Ll~ Henry F, Coyne 'l Chairman, Board of Arbitrators LMC/amd Enc!. Cc: Thomas 0, Williams, Esquire ,___M~'" " ~' '" r" -" "" - COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F, Coyne Lisa Marie Coyne 3901 Market Street Camp Hill, Pennsylvania 17011,4227 717,737.0464 Fax: 717.737.5161 FAX TRANSMISSION SHEET Date: 10- t7~ol Fax Number: 56 '/-3"'13 Z- Total Number of Pages: TO: r;Ja. ( 'C<lft PI' FIRM: Time: (I :~O ~.... (including cover sheet) / FROM: Henry F. Coyne, Esq. Lisa Marie Coyne, Esq. Re: t/J/{!(rrt<-( ~/"DrI~ Arb,kL QuestionlProblem Call: 717-737-0464 THE INFORMATION CONTAINED IN THIS FAX MESSAGE IS TRANSl\tlIIJW BY AN ATTORNEY. IT IS PRIVILEGED AND CONFIDENTIAL INTENDED ONLY FOR THE USE OF THE ABOVE NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, PLEASE, BE ADVISED THAT ANY DISSEMINATION, DlSTR1BUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF THIS COMMUNICATION HAS BEEN RECEIVED IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, COLLECT IF NECESSARY, AND DESTROY THIS MESSAGE. THANK YOU. ... -~~~ "~;; ~ "~',: ___,'"_'_,~_ "c~'''_,__'-_ ***********************************************,***************************************************** * .." p, 0 I * ,- * ' TRANSACT I ON REPORT * * OCT-17-01 WED 11:53 AM * * * * FOR: 4367913126963 7177375161 * * * * DATE START RECEIVER TX TIME PAGES TYPE NOTE * * * * OCT-17 11: 51 AM 5648683 1'17' 2 SEND OK * *, I" ; I" * **************************************************************************************************** - , --'-- '<o~~-_' '_ .,:--; - ( RICCI & TANEFF ATTORNEYS AND COUNSELLORS AT LAW 'I.Gregoty J. Ricci" Paul Tanelf' 4219 Derty Street Harrisburg, PA 17111 Tel: (717) 564-5833 Fax: (717) 564-8683 June 6, 2002 D &'@~ e:: ""'1~-~"- r----=@:1; \\/ !;:';-'~~-7 { ____~_~ ':"_~'I ,J!,\ \ WI ---"';1)1/ ! :(f :'if , I " .' i J/J# 10 XJo2'i :! iif jr/ ~, I;' l../,'j --..JL/l , I VIA FAX TRANSMISSION TO (717) 737-5161 AND FIRST CLASS MAIL HENRY F COYNE ESQ COYNE & COYNE PC 3901 MARKET STREET CAMP HILL PA 17011 ~)I-(~ IfI/ KEVIN VILLARREAL t/d/b/a VILLARREAL FLOORING V. ~ NICHOLAS J. AND BRENDA E. ORTEGA. NO. Ol-1141-MLD RE: Dear Mr. Coyne: It was brought to my attention in a telephone message and sUbsequent telephone conversation with opposing counsel that a hearing had been scheduled for the referenced matter on Tuesday, June 11, 2002. Unfortunately, I never received a hearing notice and therefore had not placed the matter on my calendar or made arrangements with my client to be available. As a consequence, I had previously scheduled a vacation next week and I have been adVised by my client that he is scheduled to be out of town on business. I have advised opposing counsel of these facts and I do not believe he would be opposed to a continuance in view of the fact that he has approached us with an offer of settlement and wishes to settle this matter outside of arbitration, Because of conflicting schedules, I have been unable to meet with my client to discuss opposing counsel's settlement offer, but hope to do so shortly. With the foregoing said, and in view of the unsuitability of the scheduled hearing date because of lack of notice, I will take responsibility for making the necessary arrangements with opposing counsel and your office to re-schedule a suitable date, time and place for hearing. In the event this case does not settle, I hope to contact you the week of June 16, 2002 with some dates for a re-scheduled hearing. "also admitted in Illinois -retired ~.~ ,," '",'-"'- " "".' . "d' ' ":~'-"""- 0 '< ,I ,~ ""'" /".<- -" '"d",.~.,S'''J '"-'--"'~";;-',,~,; '"X_- '_ ",':;-,-'- ~ , Letter to H.F, Coyne, Esq. Re: Villareal v. Ortega, No. 01-1141-MD June 6, 2002 Page 2 Thanking you for your kind assistance in this matter, I remain, yours, PT/pt cc: Nicholas and Brenda Ortega 1361 Shuman Drive Mechanicsburg, PA 17055 Thomas O. Williams, Esq. (v/Fax and First Class Mail) Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011-4642 Ref:c:\orteg\nicholas\119.wpd __L't '~'f,' " , " " --",_ ''.- ." ,i'_^""'~' '''''?-, i ,~k:,~ '-;''-. ,~'- -,'.;- "", , ~:;:,I '!j ; RICCI & TANEFF ATTORNEYS AND COUNSELLORS AT LAW HENRY F COYNE ESQ COYNE & COYNE PC 3901 MARKET STREET CAMP HILL PA 17011 ~ RE: KEVIN VILLARREAL t/d/b/a VILLARREAL FLOORING V. ~ ~ NICHOLAS J, AND BRENDA E. ORTEGA, NO, 01-1141-ML.Q I Dear Mr, Coyne: 4219 Derry Street Harrisburg, PA 17111 Tel: (717) 564,5833 .Fax:.(717) 564-8683 "Gregory J. Ricci" "aul Taneff* "1: Octob&r 16, 2001 VIA FAX TRANSMISSION TO (717) 737-5161 AND FIRST CLASS MAIL I just received a copy of a letter written to you by opposing counsel, Thomas O. Williams, concerning an Arbitration Hearing that has been apparently (first notice that I received) scheduled to be held on October 30, 2001, at 9:00 A,M, Your office called here last week to confirm this date, but was advised that I would not be available because of other pre- scheduled matters. I was under the impression that an alternate date and time was going to be scheduled. Apparently, Mr. Williams also has a conflict. I would respectfully request that the Arbitration Hearing scheduled for October 30, 2001 be rescheduled for a date certain after November 5, 2001, I have taken the liberty of furnishing a copy of this letter to opposing counsel for his information. yours, assistance and cooperation in this C{.(lt-sd~~ ;::J1~~: ~ -"*f - ckf;U/ ~ f ~ at.t cd ~ ;\)~;M .JJ,A;? ~CL~h (}~--~J2 ~ t Thank you for your kind matter. PT / j 1t 'also admitted in Illinois -retired ..~.",""""j", " ,",,' "._,~, -y--"'"'- ,o~h'e ,,"- " ,,~ '~ '",',-'" "~'.--.-~ ,......- '" ,:'t'!;. , ,-' I,: - -~,-~, ""''''''''>''''''''-'''"""--,"'I'''''"",-",,,",,,~ '<' -<'","'" "'b;iiik,-,"',,'<,,-' ~'-';:";;",,_;;:g'; ~cJ2.;, ',-p'" \ - , ~ Letter to H.F. Coyne, Esq. Re: Villarreal v. Ortega October 16, 2001 Page 2 cc: Nicholas and Brenda Ortega 1361 Shuman Drive Mechanicsburg, PA 17055 Thomas 0, Williams, Esq, Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011-4642 Ref:c:\orteg\nick\115,wpd '"""",,~,,,,'!'cl.>d,,",,;,~.~',~ .~"- " ~..,J - ~, ioilo"""'!',."""""",,,,~.-I.~'~" " , ' KEVIN J. VILLARREAL d/b/a VILLARREAL FLOORING, Claimant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : No,: 0/- //'-1/ fYlL.D I~ NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner Mechanics' Lien NOTICE OF MECHANICS'S LIEN CLAIM TO: Nicholas J, Ortega Brenda E. Ortega 1361 Sherman Drive Mechanicsburg, P A 17055 Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County on February 27, 2001 at the above captioned docket number, A true and correct copy of the Mechanics' Lien Claim is attached hereto for your convenience, Respectfully submitted, REAGER & ADLER, P,C, Date: February 27, 2001 Thorn s 0, Williams, Esquire Attorney LD, No, 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Claimant """"",;1","",' . ,~ .'C,~ I ......... "l&d~,_"",",,",1ri'" "J'''~ , ' KEVIN J, VILLARREAL tJdib/a VILLARREAL FLOORING, Claimant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No,: NICHOLAS 1. ORTEGA and BRENDA E, ORTEGA, husband & wife, Owner/Reputed Owner Mechanics' Lien MECHANICS' LIEN CLAIM Claimant, Kevin 1. Villarreal tJdib/a Villarreal Flooring (hereinafter "Villarreal"), files this Mechanics' Lien Claim against Nicholas 1. Ortega and Brenda E. Ortega, husband and wife (hereinafter "Ortega"), Owner/Reputed Owner and against the building hereinafter described and the curtilege appurtenant thereto for the payment of a debt due Villarreal as contractor in the construction of the building and curtilege appurtenant thereto, The following is the statement of the claim of Villarreal: 1. The name of the Claimant is Kevin 1. Villarreal tJdib/a Villarreal Flooring, an adult individual, with a principle place of business located at 1020 Mountaindale Road, Marysville, Pennsylvania 17053 and files this claim as a contractor. 2, The names and address of the Owner/Reputed Owner at the time of the furnishing of the labor, goods and materials and the attaching of the lien therefore are Nicholas J, Ortega and Brenda E, Ortega, with a residence of 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3, The Claimant contracted with the Owner/Reputed Owner pursuant to Purchase Orders and verbal orders issued by Ortega, the Owner/Reputed Owner's of the property known as 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is the subject "","''''''''~ ,.,~., \,1 ~-- , -~ ~_. - " , , of this mechanics' lien which property is more specifically described in the deed attached hereto and made a part hereof at Exhibit "A", 4, The nature and character of the labor and materials provided pursuant to the aforementioned Purchase Orders and verbal orders included installation of carpeting, ceramic and hardwood flooring and all materials relating thereto. The specific description of work performed by the Claimant and the prices charged therefor are set forth in the Claimant's invoices which are attached hereto and made a part hereof at Exhibit "B", 5, Under the Purchase Orders and verbal orders, the Owner/Reputed Owner was to pay Claimant on a unit price basis for installation work plus the cost of materials, 6, The Claimant invoiced the Owner/Reputed Owner as agreed and in the amounts agreed to in the Purchase Orders and verbal orders, 7, The total amount billed to the Owner/Reputed Owner is $30,740,15 of which the Owner/Reputed Owner has only paid $23,860.85. 8, Despite demand, the Owner/Reputed Owner, Ortega has failed to pay Claimant the total amount of its invoices leaving a principal balance due of$6,879.30, 9, The amount or sum claimed to be due for the labor and materials is $6,879.30, plus interest at the rate of 6% per annum on the unpaid balance from the date of completion of Claimant's work. 10, Claimant commenced its work on or about October 11, 2000, Claimant provided the labor and materials in a good and workmanlike manner and completed its work on November 16,2000, 11. The lien is claimed against the fee simple interest of the Owner/Reputed Owner in the aforesaid premises, 2 -, ~"~<lOili!i'iJ , I i1o.<lI5I ilia. llli:!tl.!liIl11iiiilltl:ilik' , , WHEREFORE, Claimant claims to have a lien upon the premises herein described in the amount of $6,879.30 plus interest at the rate of 6% per annum on said sum plus costs against the Owner/Reputed Owner in the premises. Respectfully submitted, REAGER & ADLER, P.C, Date: February 27, 2001 Thorn 0, Williams, Esquire Attorney LD, No, 67987 2331 Market Street CampHill,PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Claimant 3 7.)73 L Parcel No,: 22-10-0640,089 THIS DEED MADE THE 24'" day of March in the year of our Lord two thousand (2000), (.-" c= '" """,,,, ""00 (Tlct.? :0 .." tll '" h: (.:.,.J ::J CD =-.c!' --I Q .:; ~"!J ::0 0 Cl r"l =:3 C "1'1 -- GraJllPr. c l.'."1 t~l J-.o. Zrn~ -I rq I W -< 1.:;1 rot o 1(1):::0 -, 0.. o o ::3 = = BETWEEN CAROL G, KNISELY, widow, of Monroe Township, Cumberland County, Pennsylvania, hereinafter referred to as: and NICHOLAS J, ORTEGA and BRENDA E, ORTEGA, his wife, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred 10 as: Grantees, WITNESSETH, that in consideration of FORTY-FOUR THOUSAND AND XXIIOO ($44,000,00) Dollars in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, their heirs and assigns, as tenants by the entireties: ALL that certain lot or parcel of land situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, according to a subdivision plan prepared by Stephen G, Fisher, P,L,S" entitled Final Subdivision Plan for L, Donald Knisely and Carol G, Knisely, dated August 25, 1997, last revised on November 18,1997, and recorded on December I, 1997, in lhe Office oflhe Recorder of Deeds in and for Cumberland County, Pennsylvania. in Plan Book 75, Page 140, being bounded and described as follows, to wit: BEGINNING at a Parker Kalan nail set in the centerline of Shuman Drive ([- 55 I) at the northeast comer of Lot No,8 on the above-mentioned plan; thence along the centerline of Shuman Drive North 66 degrees 47 minutes 34 seconds East a distance of230.5 I feet to a railroad spike set in the centerline of Shuman Drive at the northwest corner of Lot No,G on the above,mentioned plan; thence along the dividing line between Lot No, 7 and Lot No, G on the above-mentioned plan, and passing through an iron pin set, South 23 degrees 12 minutes 26 seconds East a distance of 499,19 feet to an iron pin set at the southwest comer of Lot No,6 on the above, mentioned plan; thence along lands now or formerly of The Raymond E, Diehl and Genevieve A. Diehl Limited Partnership South 67 degrees 25 minutes 59 seconds West a dislanee of230,53 feet to an iron pin set at the southeast comer ofLol No, 8 on the above-mentioned plan; thence along the dividing line between Lot No, 7 and Lot No, 8 on the above,mentioned plan, and passing through an iron pin set, North 23 degrees 12 minutes 26 seconds West a distance of49G,6\ feet to a Parker Kalon nail set in the centerline of Shuman Drive, the point and Place of BEGINNING, Boor 218 r^GE 319 ~ "'""''''' - 1." CONT AININO a net area of 2,503 acres, BEING designated as Lot No,7 on the above-mentioned plan, UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, conditions, building and set,back lines as set forth on the above-mentioned plan or otherwise, recorded or unrecorded, BEING part of the same premises which L, Donald Knisely, Sara K, Wickard and Nancy K, Grove, Co-Executors of the Last Will and Testament of Lloyd H. Knisely, by their Deed dated June 27, 1986, and recorded July 1, 1986, in the Office ofthe Recorder of Deeds aforesaid in Deed Book Z, Volume 31, Page 603, granted and conveyed unto L. Donald Knisely and Carol G, Knisely, husband and wife, The said L. Donald Knisely having died Octobcr 27, 1999, title vested solely in the said Carol G, Knisely, Grantor herein, AND UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the within described tract ofland only and shall not be deemed binding on other lands of Grantor, with which building and use restrictions the within Grantees, their heirs and assigns, by acceptance of this Deed, agree to comply: I, This tract of land shall be used for residential purposes only, No business (except home occupations), commercial or industrial uses whatsoever shall be pennitted on this tract ofland, 2, No trailer, mobile home or similar structure, commercial vehicle, tractor/trailer or similar equipment may be located on this tract of land temporarily or pennanently, for any use whatsoever, unless encloscd totally in a garage by the owners or their guests or visitors, Provided, however, that trucks engaged in pickup, delivery, or temporary service (e,g. during construction) shall be permitted, 3, No basement, tent, shack, garage, barn, or structure of a temporary character shall be erected on this tract of land and used as a residence either temporarily or permanently, 4, No advertising or display sign (except home occupation sign) shall be erected or maintained on this tract ofland other than the customary "For Rent" or "For Sale" signs when the same pertain to the premises on which they are located, One home occupation sign shall be permitted but shall not be larger than six (6) inches by eighteen (18) inches. 5, Nothing shaH be done on this tract ofland which may be or become an annoyance or nuisance to the neighborhood. 6, pennitted, No log homes, mobile homes, modular homes or doublc,wide homes shall be BOOK 218 PAGE 320 ~l ,-~.. tt,,; , ' '. ""~- "~~ ~ . ~. . 'u, 'liIllMtiiDilW"! 7, All construction and landscaping on this tract ofland shall be completed within one (1) year of the commencement of such construclion, No fill shall be pennilted to remain un'graded for a period in excess ofJO days, 8. The within covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them, 9, The ground /1oor living area of any main dwelling house constructed on the tract of land, exclusive of porches, patios and garages, shall be not less than 1,500 square feet of a one-story dwelling (excluding basement), and the total living area of any dwelling house exceeding one story, exclusive of porches. patios and garages, shall be not less than J,800 square feet. 10, Any dwelling house constructed, erected or placed on this tract ofland shall have a garage which shall bc crcctcd at the same lime as the dwelling house. II, No outside fuel or gas tanks may be placed on this tract of land, 12, A II utility lines servicing this tract ofland or any dwelling or building thereon shall be buried and placed underground, 13. No unlicensed vehicles shall be allowed on this tract of land at any lime, 14, The unimproved portions of this tract ofland shall be maintained at all times and any owner or occupier shall keep the same free of weeds or other objeelionable growth, and in good order, ] 5. No rubbish may be dumped at any place on this tract orland, and all such material must be removed, 16, Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 17, Free standing television and radio towers must be at least eighty (80) feet from the right-of-way centerline and conform to the Township set-backs for buildings, Satellite dish type antennas must either be of wire mesh (see-through) type, painted black, or shall be screened with natural vegetation, must conform to the Township set,baeks for buildings, and cannot be placed in the front of side yard of any dwelling house, 18. No livestock, poultry, or animal of any kind shall be kept on this lot, except household pets which are housed in the principal dwelling house, and which pets shall not be permitted to be out,or,doors unleashed, BOOK 218 PAGE 321 '- ';,"""'" '".' 'c__ '-"~' .. '~"''''"-~:i 19, Only one single, family residence and only one garage, with accessory outbuildings, may be erected on this tract of land, This lot may not be subdivided, 20, Any driveway leading to any dwelling house or other building on this tract of land shall be paved between the paved street surface and the building to which the driveway leads. Any driveway must be paved with concrete or asphalt. 21, No breeding or training kennels or coops for dogs shall be kept or maintained on this tract of land, 22, No wall of any building shall be erected nearer than] 00 feet to the legal right'of,way line of any public street or road abutting this tract of land, AND the said Grantor hereby covenants and agrees that she will warrant specially the property hereby conveyed, IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written, SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF -~~ (l (SEAL) Carol G, Knisely COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 241h day of March, 2000, before me, the undersigned officer, personally appeared, CAROL G, KNISELY, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunlo set my hand and official seal. NOTARIAL SEAL VICKIE R. WELKER, Notary Publ,c Camp Hill Bora. Cumberland ~ounty My Commlssio~fmires March 4, 2003 ./ >.<. BOO~ 218 pm 322 ";:.~ . .....~ i" J' .... ',..I , ~~J^j ',;0 I hereby eerlify Ihallhc precise residence and eomplele post office address of the within Grantees is: ~ ~ 1~.~f'"INJt7 1/1/701/ ' YU1~IZZU~ l..-^VrV ~ I All9mey for Granlees COMMONWEALTH OF PENNSYLVANIA ) ): ss, COUNTY OF CUMBERLAND. ) RECORDED on this Cl'1 day of rl')('1~ A, D, 2000, in the Recorder's Office of the said Counly in Deed Book a I ~ . Page 31 <J ' Given under my hand and the seal of Ihe said omce, the dale above written, ~99~~r.;:g~~g~~n;: cr:lt~~:~ P.....gJ$5~a~a ......,,~~..."'-:- :::J: CI'T1 :J:l.....- -:s!' I rrlj:3! I I ~ ....-N~~:I>-f~~-= " O-O-'Co::O<::.....02:::-t~ ~. ~ ~ ~ :i ~ :x: ~ '=' -f ~ it"'''' :::~ ~~~ : !5E~ ~-.;:IJ;;;;1 ~ '='2:-< . ... ---- '-<01'oJl~'N N['~..p. @!&..gO;_.-~~~S ::: c..'12oUroOc..'10QOL'1L'1 oO_CloOOOOOQCloOO c_ ~~ "'~ ~o Fi'i ~ il; = . ..A~ rr-:,,:, ~-.:!':.l!""":" ..Decordcr ". ., .. :-'4:; g.... l"":> . ~.. .n...,... :!;. if If:.'" ~ ;b ~ ..:, '.~'"., ....~, .' '. " - 8 ~ '" a- S ='~ ~t7 ut ~ ~3 -J no .... ...,. c.,~ ~ i:' ::Jill ;;:.~ o ..,.,,,, ~)wt ~,~ '" ~ 0 - ... ~ ~ a- ~ ill r.: ~ ,.,. !!! ~ ~ "- ,..., '" 8 .-, !>! {;,l .-, STEPHEN L. BLOOM ATTORNEY ,IND COUNSELLOR ,IT L,\\V - - G '" -.. 2100 LONGS GAP ROAD C.\ R LIS L E, PEN N S Y L V A N I A 1 70 1 3 C:\SLIl\Relll Eslale\8680.IOdeed, hloc 800r 218 rm 323 ~-~..~ ~ Villarreal Flooring 1020 Mountaindale Drive Marysville, PA 17053 Free Estimates Commercial, Industrial, Residential Installation and Sales ITEM QUANTITY (geM ~'I .7d /r I 1 I j I DESCRIPTION (:'...,,,,.-r I:?-"IS' 1.2>< l'it IZ"V ......,- , , U."lr, IAi<:1..:l., /2..<b, 1.2..,,11) tj/6 ~ptd~~ t..l(:,;L - ~ ~~, p 6.-fel S~ A.4J1 ~ 7", '/"e IJ""'P .5-1101 ('.. . ::f;" IlL 4<~ NtI</'~rf ~ ~~4 ,6~ ~f~.f~ 4acLi ~ ~ ~he1(f ~ 01:J 1..fJ ,t \V /J MD.... PA SALES TAX THANK YOUI TOTAL 957,3072 AMOUNT ~92Jj ~ 7 .15'8'1.7/ 7s-tJ'7, yo ~ (r'tTO. <nJ S"">09. ~IJ s-c 8 c ~ c..' TERMS: DEPOSIT WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB A service charge of 1,5% on all invoices over 30 days- Deposit will be forfeited if purchaser does nol com. plete transaction. 2% measurement fee charged on canceled orders. All special orders are non-refund- able, , . ~.1 -1IiJ~ ~~ri l"'~- - ~-lDIiIiiIlftij"":"" j" '"""""""....b.TI!i'!.lf' '\ ,"'-1'\" - -,:,-, "'!f:'" ,:'~':~n--!',\;'~~ ..'~'::-~~i~,t~1~~~' ~"'7 ,~....... '...-9..,~~-:....~,.. Zl"j-..~.x \ I' j Villarreal Floorlng ';: .~~.~ ~~ 1020 Mountaindale Drive Marysville, PA 17053 i Free Estimates Commercial, Industrial, Residential Installation and Sales 957,3072 DESCRIPTION /~ fit~;,-/} Pf~ - J./JI1 Z,~#I A-i{~r" P'luJ' _ ellllde s~t j(Jr, D,;' R",jJuattp.f/lIJOk.. fi!J.//, ;::0'("'''- eK*'5'7~ /11.1/', f.! (, -III. ()C &J. 'l,Jot). od ?15/:(;S' 11S"IJIS' (?O C. ' I< $!/$ e.-I",:./)(;> " ,/1.'~'). :" -- ) SUB TOTAL ' PA SALES TAX 1J.JJs1. ~ THANK YOU! ~ TERMS: DEPOSIT WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB A service charge of 1,5% on all invoices over 30 days. Deposit will be-forfeited if purchaser does not com- plete transaction. 2% measurement fee charged on canceled orders. All special orders are non-refund- able. TOTAL ,":lSI.'I$' c! .,J' ,~~~ . . ,..-L ~,' ~" ",,"H ., ",~', _" ' . -' :.~ -__1l!i!;,;!~' , ' (! " ~. Villarreal Flooring 1020 Mountaindale Drive Marysville, PA 17053 Free Estimates Ccmmerc;al, Industrial, Residential Installation and Sales 957-3072 /~, . ITEM QUANTITY i:2 CJ.rr-~a- //- -<'{f)_po DESCRIPTION ;?;:--<!4-r r:/'_....,w,,#, ,5,p/b'" -- vk// ~n;{f) ~~-<!r/ ?/'N RiXY !l'4:// <</M/t!'rbNzrd '$h:t: /1 ^ th9.,v,.l 1/ c,..y~r r"" d,( # 7&.'7'7 /I-AD-PO AMOUNT 6d e 87'1. '50 .:1" (jd. aD ~6 7f.'?o SUB roTAL PA SALES TAX THANK YOUI TOTAL TERMS: DEPOSIT WHEIIl ORDER IS COIllFIRMED - BALAIIlCE DUE OIllCOMPLEfIOIll OF JOB A service charge of 1.5% on all invoices over 30 days. Deposit will be forfeited if purchaser does not com- plete transaction. 2% measurement fee charged on canceled orders. An special orders are non-refund- able. -,-~,,,,;,,~''''':il' ~,. -- -, , w~ .;,1 <. ~ _'n_""-- .'- '~ ..I>_'"",~"""","--J.Y,,', . . VRRTFTCA TTON I, Kevin 1. Villareal, hereby verify that the averments of the foregoing Mechanic's Lien Claim are true and correct to my personal knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, 94904, relating to unsworn falsification to authorities, Date: ~^1'~ lIM~ Kevin J, V areal "',,,';."'--.......~ll -, ',' ~'" '>,,1, .;.i;i -- A t KEVIN J. VILLARREAL, dba: VILLARREAL FLOORING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Claimant, vs. NO. 01-1141-MLD TERM NICHOLAS J, ORTEGA and BRENDA E. ORTEGA, husband and wife, MECHANICS LIEN Owner/Reputed Owner. TO THE PROTHONOTARY OF THE ABOVE COURT: PRAECIPE FOR RULE TO FILE COMPLAINT Pursuant to Pa. R.C.P. No. 1659, please enter a rule as of course on the Claimant, KEVIN VILLARREAL, dba: VILLARREAL FLOORING, of 1020 Mountaindale Road, Marysville, Pennsylvania 17053, to file a Complaint upon his mechanic's lien claim within twenty (20) days after service of the rule or be forever barred from doing so. RICCI & TANEFF Dated: March 21, 2001 By: Taneff, Esq. Ct, No. 63777 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorney for Owner RULE A Rule has been entered pursuant to Rule 1659 of the Pa, R,C,P. requiring the above named Claimant to file a Complaint upon his ":;:.'.........~~ .... ,. ~, .. ", '" ~ '-'~"""" '~ --I'Clll " ~10 mechanic's lien claim within twenty (20) days after service of the rule or be forever barred from doing so. Dated: March .J(.., , 2001 Ref:c:\orteg\nick\doc001,wpd 2 (J,;d';' ) 'j? ~ Prothonotary ,~ tlitl~[i~WiK~M~iiliiw.8Ml!"1.I9:JI;il!M~I1M~cl,WJll~:~~;>#""''''il'';:""~~"';,',,",,,.',""ci"'''''',",";K..,,,!~!:'\1I-'''-''dII!iII.W'='-''''-o!-",,",.,"~.,~-~ JUL . ~ '"'" ~ __ ~~>,~~" " ~~M , I o c .,.. 'Clef; fl1.er: Z::X' zr._ ~5:~ r:-C '< ~C') =0 >c:. ~ " ;;:'..) ::'C :1--""" ::0 l'~ ,j"\ .. c, ~ -"\)^:I. ..:"1',_) -,!-,t -on '-:-.;:- ~-;.>.._ J '~-::rn :"_,~ --< --:-;.... 0:.'"1 ::< ':? ,:..rl c.o t?0' - ..is; , - > ~ ~ ~.",l ~. - ~. I ~...;~, =.~ ., SHERIFF'S RETURN - REGULAR ~... ... CASE NO: 2001-01141 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VILLARREAL KEVIN J ET AL VS ORTEGA NICHOLAS J ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsy1vania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon ORTEGA NICHOLAS J the OWNER , at 0012:58 HOURS, on the 19th day of March , 2001 at 1361 SHERMAN DRIVE ME CHAN I CSBURG , PA 17055 by handing to NICHOLAS ORTEGA a true and attested copy of MECHANICS LIEN CLAIM together with NOTICE OF MECHANICS' LIEN CLAIM and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 3,72 ,00 10,00 ,00 31. 72 So Answers: t'"~~~~ R, Thomas Kline 03/21/2001 REAGER & ADLER Sworn and Subscribed to before By: ~~YYl. ~, Deputy Sheriff me this ,2 '7 ~ day of ~ :J..uvl A,D, Cbo~u.~' # thonotary , ~,~"- V ~l L.....: '" Tim' SHERIFF'S RETURN - REGULAR -.j-<;, ,~ CASE NO: 2001-01141 P " " COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VILLARREAL KEVIN J ET AL VS ORTEGA NICHOLAS J ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon ORTEGA BRENDA E the OWNER , at 0012:58 HOURS, on the 19th day of March , 2001 at 1361 SHERMAN DRIVE MECHANICSBURG, PA 17055 NICHOLAS ORTEGA (HUSBAND) by handing to a true and attested copy of MECHANICS LIEN CLAIM together with NOTICE OF MECHANICS' LIEN CLAIM and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 .00 ,00 10,00 ,00 16,00 S;~~ R. Thomas Kline 03/21/2001 REAGER & ADLER Sworn and Subscribed to before By: ~~m,~- Deputy Sheriff tQ 21'- day of me this 7J,l."'A_uL :Lev I A , D , /Jll~~fa~::Jdfl'(, <M ~ " . , KEVIN J, VILLARREAL Ud/b/a VILLARREAL FLOORING, Claimant/Plaintiff v, NICHOLAS J, ORTEGA and BRENDA E, ORTEGA, Husband and wife Owner/Reputed Owner/ Defendants ~_~ L>;o _ . =' ".' ,I ',,~_ " _,-,,_U,J','-"'" -, ,- oJ,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,01-1141 MLD ;1 I I ! ORDER OF COURT i i I I ! :1 I :1 'I ; t'l ,i ,I II 'I ! I :1 ~ ii fl IN RE: ARBITRATION PANEL VACATED AND NOW, November 26,2002, the Court having been informed by Henry F, Coyne, Esquire, chairman of the Arbitration Panel appointed in the above-action, that scheduled arbitration hearings had been continued at the request of the attorneys involved, and no further hearings were requested, the Arbitration Panel is vacated, The chairman, Henry F, Coyne, Esquire, shall be paid the sum of $50.00, Henry F, Coyne, Esquire Stephen Bloom, Esquire Jesse Ruhl, Esquire (Arbitrators) Thomas 0, Williams, Esquire For the Plaintiff Paul Taneff, Esquire For the Defendants ~<4~ I/-.:J ?-o:z- 9--" '-ti~~~~!iiti.il~liti'~","lo;,;"w;m~/;iili1"!i~wt""a~~~' ,- _..."i.~ iiIliiiI ". ~ " .1' "I"!I',..IU~ <r^~~,' _ _ >^' ^"_,,, _' "', "'{,"',,'_ WN/ilASNN3d }J.NnO:J CF':Vl!:3?8!i\lno 9S :E ~!d 9 Z flON 20 Al:i\llOiUi;LC;d :30 3:)1.:l:1(i-{13l1.:1 I - ,,". I, - -~ ~'~ b _ ' ,; '~ . =-! . y , * ~ '!II'. ;,1 ","",'" "~'-- "', '".ii;t- KEVIN 1. VILLARREAL t/d/b/a VILLARREAL FLOORING, ClaimantIPlaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : No.: 01-1141 MLD NICHOLAS J. ORTEGA and BRENDA E, ORTEGA, husband & wife, Owner/Reputed Owner/ Defendants Mechanics' Lien NOTICR You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff- You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ",' , . ~'..L.,_,,~_ ,~, '~--, , > - ~[-0, . ," r, '" ,I' KEVIN 1. VILLARREAL t/d/b/a VILLARREAL FLOORING, Claimant/Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, : No,: 01-1141 MLD NICHOLAS J, ORTEGA and BRENDA E, ORTEGA, husband & wife, OwnerlReputed Owner/ Defendants Mechanics' Lien COMPLAINT TO OBTAIN JUDGMENT ON MECHANICS' LIEN CLAIM AND NOW, comes Plaintiff Kevin J, Villarreal tld/b/a Villarreal Flooring, by and through his attorneys Reager & Adler, P ,c, and files the within Complaint, and in support thereof avers the following: 1. The Plaintiff is Kevin J, Villarreal tld/b/a Villarreal Flooring (hereinafter "Villarreal"), an adult individual doing business as a sole proprietorship with his principal place of business located at 1020 Mountaindale Road, Marysville, Pennsylvania 17053, 2, The Defendants are Nicholas J, Ortega and Brenda E, Ortega, husband and wife, adult individuals (hereinafter "Ortega"), with a residence of 1361 Sherman Drive, Mechanicsburg, Cumberland County, Peunsylvania 17055, 3, Villarreal contracted with Ortega pursuant to written purchase orders and verbal orders issued by Ortega, the owners ofthe property known as 1361 Sherman Drive, Mechanicsburg, Cumberland County, Peunsylvania 17055, which is the subject of the mechanics' lien claim, the property subject to the mechanics' lien is specifically described in the deed attached to the Mechanics' Lien Claim attached hereto and made a part hereof at Exhibit "A". 4, The nature and character of the labor and materials provided by Villarreal pursuant to the aforementioned purchase orders and verbal orders included installation of ,- . "I , I "='-i~ ," , , , carpeting, ceramic and hardwood flooring and all materials relating thereto, The specific description of work performed by Villarreal and the prices charged therefore are set forth in Villarreal's invoices which are attached to the Mechanics' Lien Claim which is attached hereto and made a part hereof at Exhibit "A", 5, Under the purchase orders and verbal orders, Ortega was to pay Villarreal on a unit price basis for installation work plus the cost of materials, 6, Villarreal invoiced Ortega as agreed and in the amounts agreed to in the purchase orders and verbal orders, 7, The total amount billed to Ortega by Villarreal was $30,740,15, of which Ortega has paid only $23,860,85 to date, 8, Despite demand Ortega has failed and refused to pay Villarreal the total amount of its invoices leaving a principal balance due of $6,879.30, 9, Villarreal commenced his work on or about October 11, 2000, 10, Villarreal provided the labor and materials in a good and workmanlike manner and completed his work on November 16, 2000, 1 L On or about February 27,2001, Villarreal caused to be filed a Mechanics' Lien Claim which is docketed at Cumberland County Court of Common Pleas, Docket No, 01-1141 MLD Term, A true and correct copy ofthe aforesaid Mechanics' Lien Claim including the description and nature of Villarreal's work is attached hereto and made a part hereof at Exhibit "A". 12, All conditions precedent for the bringing of this action have occurred or have been performed, 2 -' ~,-, - <, I ~....~',,-,' ..,' --~~~- '~)~I c, c WHEREFORE, Plaintiff, Kevin J. Villarreal t/d/b/a Villarreal Flooring, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Nicholas J. Ortega and Brenda E. Ortega, in the amount of $6,879.30 plus costs and interest. Respectfully submitted, REAGER & ADLER, P.C. Date: May 31, 2001 Tho as O. Williams, Esquire Attorney LD. No. 67987 2331 Market Street Camp Hill, PA l70ll-4642 Telephone: (717) 763-1383 Attorneys for Clairnant/Plaintiff 3 " - <I' . "..'" --"-'c'" '& ': ' KEVIN J. VILLARREAL d/b/a VILLARREAL FLOORING, Claimant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 01- /1'-11 (Y)I.-V /02...YL NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, OwnerlReputed Owner Mechanics' Lien NOTICE OF MECHANICS'S LIEN CLAIM TO: Nicholas J. Ortega Brenda E. Ortega 1361 Sherman Drive Mechanicsburg, P A 17055 ", Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County on February 27, 2001 at the above captioned docket number. A true and correct copy of the Mechanics' Lien Claim is attached hereto for your convenience. Respectfully submitted, REAGER & ADLER, P.C. Date: February 27,2001 Thorn sO. Williams, Esquire Attorney LD. No, 67987 2331 Market Street Camp Hill, PA l70ll-4642 Telephone: (717) 763-1383 Attorneys for Claimant KEVIN J. VILLARREAL t/d/bia VILLARREAL FLOORING, Claimant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, No.: NICHOLAS J, ORTEGA and BRENDA E. ORTEGA, husband & wife, Owner/Reputed Owner Mechanics' Lien MECHANICS' LIEN CLAIM Claimant, Kevin J. Villarreal t/d/b/a Villarreal Flooring (hereinafter "Villarreal"), files this Mechanics' Lien Claim against Nicholas J. Ortega and Brenda E. Ortega, husband and wife (hereinafter "Ortega"), OwnerlReputed Owner and against the building hereinafter described and the curti lege appurtenant thereto for the payment of a debt due Villarreal as contractor in the construction of the building and curtilege appurtenant thereto. The following is the statement of the claim of Villarreal: I. The name of the Claimant is Kevin J, Villarreal t/d/b/a Villarreal Flooring, an adult individual, with a principle place of business located at 1020 Mountaindale Road, Marysville, Pennsylvania 17053 and files this claim as a contractor. , 2. The names and address of the OwnerlReputed Owner at the time of the furnishing of the labor, goods and materials and the attaching of the lien therefore are Nicholas J. Ortega and Brenda E. Ortega, with a residence of 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Claimant contracted with the OwnerlReputed Owner pursuant to Purchase Orders and verbal orders issued by Ortega, the OwnerlReputed Owner's of the property known as 1361 Sherman Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is the subject -, Ho' ''''',' of this mechanics' lien which property is more specifically described in the deed attached hereto and made a part hereof at Exhibit "A". 4, The nature and character ofthe labor and materials provided pursuant to the aforementioned Purchase Orders and verbal orders included installation of carpeting, ceramic and hardwood flooring and all materials relating thereto. The specific description of work performed by the Claimant and the prices charged therefor are set forth in the Claimant's invoices which are attached hereto and made a part hereof at Exhibit "B". 5. Under the Purchase Orders and verbal orders, the OwnerlReputed Owner was to pay Claimant on a unit price basis for installation work plus the cost of materials, 6. The Claimant invoiced the OwnerlReputed Owner as agreed and in the amounts agreed to in the Purchase Orders and verbal orders. 7. The total amount billed to the OwnerlReputed Owner is $30,740.15 of which the OwnerlReputed Owner has only paid $23,860,85, 8, Despite demand, the OwnerlReputed Owner, Ortega has failed to pay Claimant the total amolmt of its invoices leaving a principal balance due of$6,879.30. 9. The ~ount or sum claimed to be due for the labor and materials is $6,879.30, plus interest at the rate of 6% per armurn on the unpaid balance from the date of completion of Claimant's work. 10. Claimant commenced its work on or about October 11, 2000. Claimant provided the labor and materials in a good and workmanlike manner and completed its work on November 16,2000. II. The lien is claimed against the fee simple interest of the OwnerlReputed Owner in the aforesaid premises, 2 ~' ,,'- , " ", ~ ~~ '-,;'; WHEREFORE, Claimant claims to have a lien upon the premises herein described in the amount of$6,879.30 plus interest at the rate of6% per annum on said sum plus costs against the OwnerlReputed Owner in the premises. Respectfully submitted, REAGER & ADLER, P.C. ') Date: February 27, 2001 Thorn O. Williams, Esquire Attorney LD. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Claimant 3 ~'--;- " 7,)73 e Parcel No.: 22-10-0640-089 THIS DEED MADE THE 24'" day of March in the year of our Lord two thousand (2000). \;,. c:: ' 3:::::0 . no"'''' <,>0 t";")oc::.-:.r ::0 "'TJ r:1 N C;:f.;..J:+] c.o Zf1.-1 c.;r.::: .11 :D 0 c. ::3 O'1~::! Grap!pr, c c...~ ':1 ...- =,-n t...! -f rrr I c.v -<c:rr-:-t c::> . <I);::S --, ;:... = c::l ::3 = = BETWEEN CAROL G. KNISEL Y, widow, of Monroe Township, Cumberland County, Pennsylvania, hereinaCter referred to as: and NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, his wife, orCantp I-lilt, Cumberland CQunty. Pennsylvania, hereinafter referred 10 as: Grantees~ WITNESSETII. that in consideration of FORTY-FOUR TIIOUSANO AND XXf!OO ($44,000,00) Dollars in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the s~_~d Gran~~es. their heirs and assigns, as tenants by the entireties: ALL that certain Jot or parcel of land situate in the TownshIp of Monroe, County of Cumberland and Commonwealth of Pennsylvania, according to a subdivision plan prepared by Stephen G. Fisher, P.L.S., entitled Final Subdivision Plan for L. Donald Knisely and Carol G. Knisely, dated August 25.1997, last revised on November ]8,1997, and recorded on December I, 1997, in the Omce of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 75, Page 140, bclng bounded and described as fotlows, to wit: BEGINNING at a Parker Kalon nail set in the centerline oCShunlan Drive (T- 55 i) at Ule northeast comer of Lot No.8 on the above-mentioned plan; thence along the centerline of Shuman Drive North 66 degrees 47 minutes 34 seconds East a distance of230.51 feet to a railroad spike set in the centerline of Shuman Drive at the northwest C(lmer of Lot No.6 on the above-mentioned plan; thence along the dividing , line between Lot No.7 and Lot No.6 on the above-mentioned plan" and passing through an [ron pin set, South 23 degrees [2 minutes 26 seconds East a distance of 499.19 feet to an iron pin set at the southwest comer of Lot No.6 on the above- mentioned plan; thence along lands now or formerly of The Raymond E. Diehl and Genevieve A. Diehl Limited Partnership South 67 degrees 25 minutes 59 seconds West a distance of230.53 feet to an iron pin set at the southeast comer of Lot No.8 on the above-mentioned plan; thence along the dividing line between Lot No.7 and Lot No.8 on the above-mentioned plan. utld passing through an iron pin ~~t, North2J degrees] 2 minutes 26 seconds West a distance of 496.61 feel to a Parker Kalon nail sel in the centerline of Shuman Drive, the point and Place of BEGINNING. BODY. 218 rAGE 3i9 CONTAINING a net area of2,503 acres. i I i I I , , , I I I , I , ! i 'I I ! i I i ! I I I I i I i I I BEING designated as Lot No,7 on the above-mentioned plan. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, conditions, building and set-back lines as set forth on the above-mentioned plan or otherwise, recorded or unrecorded. BEING part of the same premises which L. Donald Knisely, Sara K. Wickard and Nancy K. Grove, Co-Executors of the Last Will and Testament of Lloyd H. Knisely, by their Deed dated June 27, 1986, and recorded July I, 1986, in the Office of the Recorder of Deeds aforesaid in Deed Book Z, Volume 31, Page 603, granted and conveyed unto L. Donald Knisely and Carol G. Knisely, husband and wife, The said L. Donald Knisely having died Oetobcr 27, 1999, title vested solely in the said Carol G, Knisely, Grantor herein, AND UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the within described tract ofland only and shall not be deemed binding on other lands of Grantor, with which building and use restrictions the within Grantees, their heirs and assigns, by acceptance of this Deed, agree to comply: I. This tract of land shall be used for residential purposes only, No business (except home occupations), commercial or industrial uses whatsoever shall be pemlined on this tract ofland, 2, No trailer, mobile home or similar structure, commercial vehicle, tractor/trailer or similar equipment may be located on this tract of land temporarily or permanently, for any use whatsoever, unless enclosed totally in a garage hy the ownerS or their guests or visitors. Providcd, however, that trucks engaged in pickup, delivery, Or temporary service (e.g. during construction) shall be permitted. 3. No basement, tent, shack, garage, barn, or structure of a temporary character shall be erected on this tract ofland and used as a residence either temporarily or permanently, 4. No advertising or display sign (except home occupation sign) shall be erected or maintained on this tract of land other than the customary "For Rent" or "For Sale" signs when the same pertain to the premises on which they are located. One home occupation sign shall be permitted but shall not be larger than six (6) inches by eighteen (18) inches, 5. Nothing shall be done on this tract of land which may be or become an annoyance Or nuisance to the neighborhood. 6, permitted. No log homes, mobile homes, modular homes or double-wide homes shall be Door 218 PALE 320 iiV""'" " -"" 7, All construction and landscaping on this tract of land shall be completed within one (1) year of the commencement of such construction. No fill shall be permitted to remain un-graded for a period in excess of 30 days. 8. The within covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them, 9. The ground floor living area of any main dwelling house constructed on the tract of land, exclusive of porches, patios and garages, shall be not less than 1 ,500 square feet of a one-story dwelling (excluding basement), and the total living area of any dwelling house exceeding one story, exclusive of porches, patios and garages, shall be not less than 1,800 square feet. I O. Any dwelling house constructed, erected or placed on this tract of land shall have a garage which shall be erected at the same lime as the dwelling house. II. No outside fuel or gas tanks may be placed on this tract ofland, 12. ^ II utility lines servicing this lruct orland or any dwclling or building thereon shall be buried and placed underground. \), No unlicensed vehicles shall be allowed on this tract of land at any time. 14. The unimproved portions oflhis tract ofIand shall be maintained at all times and any owner or occupier shall keep the same free of weeds or other objectionable growth, and in good order. 15, No rubbish may be dumped at any place on this tract ofland, and all such material must be rcmoved. 16. Invalidation of any of these covenants by judgment or court order shall in no way affeel any of the other provisions which shall remain in full force and effeel. 17. ' Free standing lelevision and radio towers must be at least eighty (80) feet from the right-of-way centerline and conform to the Township set-backs for buildings. Satellite dish type antennas must either be of wire mesh (see-through) type, painted black, or shall be screened with natural vegetation, must conform to the Township set-backs for buildings, and cannot be placed in the front of side yard of any dwelling house, 18, No livestock, poultry, or animal of any kind shall be kept on this lot, except household pets which are housed in the principal dwelling house, and which pets shall not be permitted to be out-or-doors unleashed. BOOK 218 PACE 321 , i 0,_" "r-". -~U" "~ , " 19. Only one single- family residence and only one garage, with accessory outbuildings, may be erected on this tract ofland. This lot may not be subdivided. 20. Any driveway leading to any dwelling house or other building on this tract ofland shall be paved between the paved street surface and the building to which the driveway leads, Any driveway must be paved with concrete or asphalt. 21. No breeding or training kennels or coops for dogs shall be kept or maintained on this tract of land. 22. No wall of any building shall be erected nearer than 100 feet to the legal right-of-way line of any public street or road abutting this tract ofland. AND the said Grantor hereby covenants and agrees that she will warrant specially the properly hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF ~~ Qa /)'/ (SEAL) Carol G, Knisely COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 24'h day of March, 2000, before me, the undersigned officer, personally appeared, CAROL G. KNISELY, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL VICKIE R. WELKER. Notary Public Camp Hill Boro. ClImber/rmd Counly My Commlssio,!,I:Joires ~1arch 4. 2003 , "'. ,~ o. ':.. ~, , ",'., "'--' ,,,;,'C',, .'" .f",', -,<' I hereby ccrlify thallhe prccise residence and complete posl office address of the within Granleesis: ~ ~ ,1~.~ e. ,,1//117 /11/701/ YU'~ IZ Zu~ l..-AVrl'l;tl ~ I A.uomey for Grantees COMMONWEALTH OF PENNSYLVANIA ) ): 55. COUNTY OF CUMBERLAND ) RECORDED on this a'1 day of ~ ('I~ A. D. 2000, in lhe Recorder's Office of the said Counly in Deed Book a 1'iI' Page '31'1 . Given under my hand and the seal of lhe said office, lhe dale above written. Q'999~9~~g(;f~r,o: ....''''1''1)..-., ....1%2".,,..,,,., ~~~R-;:;" ~>:.1e:~':=H='= __:lP:I_~ ' ......az I I ;:r-"'-"':J~ei~-f~;o,-= .-. cr.o-.o::w;:.<::,"-02:-t;:o:o ~. ~ ~ ~ ~ Si :r;: ~ '=' -l ,...:, jiiCO-..o -lCJ ~s::~-l 4 ~::!:f _~~ . c:: -'l:' r---I : ~i1~"'" '=' 0_ ~~ c,~ ~o "" ~ ---- '.ol"~r-.J .....).....)~ Sn;~.g;5;__~~!;$8' t: ~8g~gggggg~~ i:i' N '" ~ ~. _.A~ if::. ~!!!. -.:. .,.D ecordcr .'. _ . .' :.'_:' '.' Sf" r.,. '. .;,,\,a.' on ~: 1/': .~. ..... ":sf :r :if: .:~ ..: ...' .,. -' . . ,'.' "",) :!. !#.:-l; g ~ '" '" ~~, ~g -.J to 1I'l'::; c..l1,.., ......:J -.J''D ......... L.'..... e;:::. ~ ns..... ;t_ ;:;.~ " ..,~ ~lit- :;..... ~ " - '=' ~ ~ '" ~ ~ = .... ~ ;:::; '" 8 ~> Ii! " '" " - - ~ N ... STEPHEN L. BLOOM ATTOltNE\' ,IN!) COUN~ELI.(JR ,IT L.\W 2100 LONGS G.\? ROAD C.\RLISLE. PENNS\'LVANl.\ 17013 C;\SLmRe:lll:slalc\36aO.IOd~~d. hloc 800r. 218 pm 323 " Villarreal Flooring " 1020 Mountaindale Drive Marysville, PA 17053 Free Estimates Commercial. Industrial, Residential Installation and Sales ITEM QUANTITY c,el4 .2'1 J'c /r I '7 I J ( DESCRIPTION (;~-f' /:?',Jd,j" IJ."k/9E 1.2."V -~7- , , 1-l."lr.I.2..~.2..:l., /.L~II, J.)..,.I() 8 /6 ~ ptd tuIzu,~ UCJ.....~ ~~. p 6rlcl S~ ~ ~ 7", ,/)<B IJ"-P 5-1101 ~.. . ::1;;,/6- 4,<<.J./ MA/~1 ~ ~~4 .6+ ~ f"..,.,l.. tf~ a....c-J...;t ~ ~ k/(J ~ O'tJ /J..f) 1)' 1 . V \V t'L Mllu.. S PA SALES TAX 957..3072 AMOUNT ~9:lJf.' 7 ..tSB'I.11 7s-09. "If) ,:( trtrO. <l"D s-,09. ....a s-o ~ () ~ c ~, THANK YOU! TOTAL TERMS: DEPOSIT WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB A service charge all 5",;, on all Invoices over 30 days. Deposit will be forfeited if purchaser does nol com. plete IraI"Jsaction, 2% measurerT'!e~t fee charged on canceled orders. All special orders are non-refund- able \ ". ,.. "=~-;""<." -:-7::<-~l~.r.'::~~-~'~-';:'" i" ...,..,. - -:.~~- ~'.<.-~" :-; .~.'t.,(:, Villmeal Flooring 1020 Mountaindale Drive Marysville, PA 17053 Free Estimates Commercial. Industrial, Residential Installation and Sales 957-3072 DESCRIPTION /7~ Rd:&r/J PI'lJ - 1M zg/"H/ A--I:-i~Ol 1%.1' - ()'udc sd j(,r, 0,'; R,"~~~Qt",.d/J()ok.. HIJ.//, ;::elf"'" C ~ 5"7~ I'.J..J ./~. @:' {,-I'I-()O &J- 'MOD. od ?JSJ.'IS' 715/.I/S' ,?O ct<~ S73 "-/(,,-~ ~ ~>>' ';-. , .~ ~.Oj- J~ lJ'~~ ~. SUB TOTAL ' PA SALES TAX THANK YOU! ~ TERMS: DEPOSIT WHEN ORDER IS CONFIRMED - BALANCE DUE ON COMPLETION OF JOB A service charge of 1.5% on all inwices over 30 days. Deposit will be fOrfeited if purchaser does not com. piela transaction. 2% measurement lee charged on canceled orders. All special orders are non-refund- able. TOTAL 11/ 3S/.'IS ! .,.J' , Villarreal Flooring 1020 Mountaindale Drive Marysville, PA 17053 Free Estimates Commercial, Industrial, Residential Installation and Sales /~ . i<f O~<' a- //- .:t<1J-po DESCRIPTION ;?;:-~...-r ".c::;;.'_.... tW"#' c5"....../u- - 1I',.t....// ~n;" ~rr..,.r,v ?/w R........ ~k// .wNN/ttr~d '5h.:// A.v~.v'''</ 1/ Cl.,..r,r: ~ I""" d t P 7t.>Q'l N-,;(O-IJO ITEM QUANTITY ~ SUB TOTAL PA SALES TAX 957.3072 AMOUNT (387"1. '5CJ ,:?t:>atJ,oo ce'l9-3tJ THANK YOU! TOTAL TERMS: DEPOSIT WHEN ORDER IS CONFIRMEO - BALANCE DUE ON COMPLETION OF JOB A service Charge of 1.5% on all invoices aver 30 days. Deposit will be forfeited if purchaser does not com. plele transaction. 2% measurement tee charged on canceled orders. All special orders are non-refund- able. t, I " . .--, ~ ,"T;" "0 ." ,~' . -lij ','" , '_'L _,.",n ,,"","'-";:" ", _ " ":";:h VF.RIFICA TION I, Kevin J. Villareal, hereby verify that the averments of the foregoing Mechanic's Lien Claim are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: I' ~[ J ~U--I",' [I it; A.I'l~ Kevin J. V areal - 1J '.' " ~, "~" .I ' M"l!!'m!!i;S!i\0'" " VERIFICATION I, Kevin J. Villarreal, hereby verifY that the averments of the foregoing Complaint to Obtain Judgment on Mechanic's Lien Claim are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: May 30, 2001 ~~ tlLtR~~ Kevin J. V arreal 4 ,-"- ., " I "" ,-. ., aJI_ ~,- .4. KEVIN J. VILLARREAL, t/d/b/a: VILLARREAL FLOORING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Claimant/Plaintiff, vs. NO. Ol-1141-MLD TERM NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband and wife, MECHANICS LIEN Owner/Reputed Ownerl Defendants. TO: PLAINTIFF NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer With New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. RICCI & TANEFF Dated: July 12, 2001 By: Taneff, Ct. No. 637 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorneys for Defendants Ref:c:\orteg\nick\doc002.wpd /w.'mjSfj,!lilli1J1I , . '_J ~J""; .~ ".i": II KEVIN J. VILLARREAL, t/d/b/a: VILLARREAL FLOORING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Claimant/Plaintiff, vs. NO. Ol-1141-MLD TERM NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband and wife, MECHANICS LIEN Owner/Reputed Ownerl Defendants. ANSWER TO COMPLAINT TO OBTAIN JUDGMENT ON MECHANICS' LIEN CLAIM WITH NEW MATTER NOW COME, the Defendants, NICHOLAS J. ORTEGA and BRENDA E. ORTEGA (hereinafter the "Ortegas"), by and through their attorneys, Ricci & Taneff, and file their Answer to the Plaintiff's Complaint, and in support thereof state as follows: 1. ADMITTED. 2. ADMITTED IN PART; DENIED IN PART. The Ortegas admit that they are the named Defendants in the above titled action and are husband and wife. Stating further, the Ortegas deny that they reside at 1361 Sherman Drive, Mechanicsburg, Cumberland County, PA 17055. 3. DENIED AS STATED. Stating further, the Ortegas entered into a verbal agreement with the Plaintiff wherein the Plaintiff agreed to install carpeting, ceramic tiles and hardwood flooring in a home owned by the Ortegas, located at 1361 Shuman Drive, Mechanicsburg, Cumberland County, PA 17055, and more specifically described in the Deed dated March 24, 2000, which Deed is attached to -II .. , I~" , ' - -' -. ~~ ,''''--' ;' --..;'.._.;,; >, , " 2 '"'~ -""II -, " 1-1. .rMttllr~ ":ll'3L'j . their response to Paragraph 3 as if set forth here in full. 12. DENIED. This allegation constitutes a conclusion of law to which a responsive pleading is not required. To the extent that a response may be required, the Ortegas deny the same. WHEREFORE, this paragraph is in the nature of a prayer for relief to which a responsive pleading is not required. To the extent that a response may be required, the Ortegas deny that the Plaintiff is entitled to any of the relief requested. NEW MATTER For their affirmative defenses to the Plaintiff's Complaint, the Ortegas, by and through their aforesaid attorneys, state as follows: 13. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 14. Plaintiff's Complaint is barred to the extent that the Plaintiff has failed to comply with the terms and conditions of the verbal agreement with the Ortegas. 15. Plaintiff's Complaint is barred by the doctrine of estoppel. 16. Plaintiff's Compliant is barred because the Plaintiff has been paid the contract price in full. 17. Plaintiff's Complaint is barred by the doctrine of fraud and deceit. 18. Plaintiff's Complaint is barred because the Ortegas 3 , I ~, -',-,' J I -', ;, ':..-~ """-,, ~t,! , have been overcharged by the Plaintiff and are entitled to a set off for overpayment under the terms of the agreement. WHEREFORE, the Ortegas respectfully request this Honorable Court to enter judgment against the Plaintiff, dismiss the Plaintiff's Complaint, order the Plaintiff to remove the lien upon their property, award them attorneys fees and costs in defense of this action, and award them such other relief as may be just, proper and equitable. RICCI & TANEFF Dated: July 12, 2001 By: Taneff, Esq Ct. No. 637 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorney for Defendants 4 ,!.Ml- . "~ j ,-, ., I ~'^- ,~ ", "~ -'- L ",,"" VERIFICATION I, NICHOLAS J. ORTEGA, hereby acknowledge that I am the Defendant in the foregoing action; that I am authorized to sign this Verification on behalf of my wife, BRENDA E. ORTEGA, a named Defendant in this action; that I have read the foregoing Answer; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 FA. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: July 12, 2001 ICHOLAS J. TEGA, individu ly and as agent for BRENDA E. ORTEGA 5 1,,_ ~ ,I -..'.' "' i ~ > <_", ~ ~ ,;,,_~,~",_,: . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendants' Answer to Complaint to Obtain Judgment On Mechanics' Lien Claim With New Matter was sent via first class, U.S. Mail, postage prepaid, this 12th day of July, 2001 to the following person(s) at the address (es) set forth below their respective names: (1) Thomas o. Williams, Esq. 2331 Market Street Camp Hill, PA 17011-4642 RICCI & TANEFF By: Taneff, Esq. ct. No. 6377 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorneys for Defendants 6 ~~~):t,~..~:k,&~,~"",i;;.&-M!ij"<<l1.15~<.!'UfillIil!i~iiil!;Fi.il.i;p;.,",";",i"'P'_'>;A~'i",~~-~ji,ifiih4~4ililiiM~~~ J):, ",<,' "JU,.J~",~.. ~ __ "~_,.,'F,".,^?,~ ,,,,,,,,~,,,,,,,""""_''''''''','.c '0';." .- "..^. ~" ,,,, ~" ~" , .' " '< , '''Ii'iM!lMli" r.'.~"~ ",I, ,~ -LiliIll:!I'~ ~:A..: -'~...d..;.. .' . ~~ c..." .' 0 c::.-" ~ '-"!' I -, - [11 ,- -- l cr~ ( C~) r- -::," " .. )> c; :? C':: "'-;7 :,,) ---; =2 C..) , . ~~ ~ i<l-~ , . ".1 ._U" it:" " . .' KEVIN J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Claimant/Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. : No.: 01-ll41 MLD NICHOLAS J. ORTEGA and BRENDA E, ORTEGA, husband & wife, OwnerlReputed Owner/ Defendants Mechanics' Lien CLAIMANT/PLAINTIFF'S REPLY TO NEW MATTER 13, Denied. The averments of paragraph 13 constitute conclusions oflaw to which no responsive pleading is required. 14. Denied. It is denied that the Plaintiff has failed to comply with the terms and conditions ofthe agreement with the Defendants. On the contrary, the Plaintiff has fully performed the agreement with the Defendants. 15. Denied. The averments of paragraph 15 constitute conclusions of law to which no responsive pleading is re~uired. 16. Denied. It is denied that the Defendants have fully paid the Plaintiff for all work performed under the agreement between the parties. By way of further response, the Plaintiff incorporates herein by reference his Complaint in this matter as if set forth fully herein. 17. Denied. The averments of paragraph 17 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, each and every factual averment of paragraph 17 are denied, 18. Denied. It is denied that the Defendants have been overcharged by the Plaintiff. By way of further response, the Plaintiff has charged the Defendants in accordance with their agreement. ,-~ ~ "'..1..1 -!it3li._iL-,i . .. .. . WHEREFORE Plaintiff, Kevin Villarreal t/d/b/a Villarreal Flooring respectfully requests this honorable court to enter judgment in his favor and against Defendants Nicholas J. Ortega and Brenda E. Ortega, in accordance with the Complaint. Respectfully submitted, REAGER & ADLE , C Date: August 7, 2001 Tho. s O. Williams, Esquire Attorney LD.# 67987 2331 Market Street Camp Hill, P A 170ll Attorney for Plaintiff 2 -~" , ~ , ~ ',. _F',," " _ ~' 'Wi',': . .. ~ '., ::1 ~, .. ,j VERIFICATION I, Kevin J. Villarreal, hereby verify that the averments of the foregoing Answer to New i;1 " n "j Matter are true and correct to my personal knowledge, information and belief. I understand that false Ie] statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn :,1 ',i ';1 :,) ,c, falsification to authorities, Date: August 6, 2001 jf(J~J1aM.J ',"~."'~'" -- jj(' _1, .. CERTIFICATE OF SERVICE AND NOW, this 7th day of August, 2001, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the u.s. mail, first class, postage prepaid and addressed as follows: Paul Taneff, Esquire RICCI & TANEFF 4219 Derry Street Harrisburg, P A 17111 THOMAS O. WILLIAMS, ESQUIRE ~- . , <,[- ~, " ",,~ -V"Mj ',- \""-;-,, '--""'<;-:i . ' KEVIN J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Clairnant/Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 01-1141 MLD NICHOLAS J. ORTEGA and BRENDA E, ORTEGA, husband & wife, OwnerlReputed Owner/ Defendants : Mechanics' Lien PETITION FOR APPOINTMENT OF ARBITRATORS PURSUANT TO CUMBERLAND COUNTY RULE OF COURT 1312-1 To the Honorable, the Judges of Said Court: Thomas O. Williams, counsel for the Plaintiff in this above-captioned case, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim ofthe Plaintiff is $6,879.30, plus lawful interest and costs. 3. The counterclaim ofthe Defendant in this action is $0, The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Paul Taneff and Thomas O. Williams. ,- l ~ , ~,' ~< ~,- " '''';"," ~'i"l",:;; . , - WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Date: September 5,2001 REAGER & ADLER, P.C. mif~QUffiE Attorney LD. No. 67987 2331 Market Street Camp Hill, PA 170ll-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff ORDER .fW ~ AND NOW, this K day of, . ,2001, in consideration ofthe foregoing Petition 14~ ~, ' hh _~) ,~ _, Esq., and A "../ L~ , Esq., are appointed arbitrators in the above- captioned action as prayed for. BY THE COURT: IIJ. ,~][lJ tiwl!J!li~~~~~~U~lli!<~~~fill$Il-~' ~"~"-~"'"""""'"'_iIilimiill! . ~_J"""""".,'^' , .~_..,.., ~.,,'o "_,~"O' ~'" .~_ , . ~ _"~~_,,.,'<',~,,~ ,~."',~,,~ " '~""''',~'' "", __,l 'vi\NVI\1}SN~d, AlNnm GN'n8:l9lllflO S 'p I ~ld G I d3S 10 !W'J\,O":"\Ci;("",>; :';\-\1::\0 f\d'.i~ H\ ' ,~.,J"-~"'-' , :J,~'; ",('F\"J']'!!' I, :;J\.::L1U ,::1 - , " ill!;. ii:t ~~.~~ l " L , ' ~". . ''''''-''ii; .. CERTTFTCA TE OF SERVICE AND NOW, this 6th day of September, 2001, I hereby verifY that I have caused a true and correct copy of the foregoing document to be placed in the U.S, mail, first class, postage prepaid and addressed as follows: Paul Taneff, Esquire Ricci & Taneff 4219 Derry Street Harrisburg, PAl 7111 h'.....- ,~~ ~. '~""~~.~l.%\!~i.~ik' "';"';,,- ,,,,/' " -c.~ KEVIN J. VILLARREAL, t/d/b/a VILLARREAL FLOORING, ClaimantJPlaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1141 MLD NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife Owner/Reputed Owner/ Defendants Mechanics' Lien NOTICE OF HEARING TO: Thomas O. Williams, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Paul T aneff, Esquire Ricci & Taneff 4219 Derry Street Harrisburg, P A 17111 Stephen L. Bloom, Esquire 2100 Longs Gap Road Carlisle, P A 17013 Jesse R. Ruhl, Esquire 350 West Market Street York,PA 17401 And now this 5th day of October, 2001, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: Tuesday, October 30, 2001 Time: 9:00 o'clock a.m. Place: Hearing Room, Old Courthouse, 2nd Floor, Carlisle Cumberland County, Pennsylvania 17013 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anvone who frods the hearinl! date unsuitable is responsible for makinl! all arranl!ements with counsel and the arbitrators for a suitable date. time and place. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencement of the hearing. Henry F. Coyne, squire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Chair, Board of Arbitrators cc: Court Administrator Prothonotary Bulletin Board ~ " - ',I L,;. KEVIN J. VILLARREAL, tJd/b/a VILLARREAL FLOORING, ClaimantJPIaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1141 MLD NICHOLAS J. ORTEGA and BRENDA E, ORTEGA, husband & wife Owner/Reputed Owner/ Defendants Mechanics' Lien NOTICE OF HEARING TO: Thomas 0, Williams, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Paul Taneff, Esquire Rieei & Taneff 4219 Derry Street Harrisburg, P A 17111 Stephen L. Bloom, Esquire 2100 Longs Gap Road Carlisle, PA 17013 Jesse R. Ruhl, Esquire 350 West Market Street York,PA 17401 And now this 5th day of October, 2001, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: Tuesday, October 30, 2001 Time: 9:00 o'clock a.m. Place: Hearing Room, Old Courthouse, 2nd Floor, Carlisle Cumberland County, Pennsylvania 17013 Counsel shall immediately notifY all arbitrators if settlement is reached prior to the hearing. Anvone who finds the hearinl! date unsuitable is responsible for makinl! all arranl!ements with counsel and the arbitrators for a suitable date. time and place. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencement of the hearing, FOR TIlE COURT: /)1 Henry F. Coyn EsqUire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (717)737-0464 Chair, Board of Arbitrators ce: Court Administrator Prothonotary Bulletin Board --....... ",~. ~v ~ -~~- ~, ". .~ ' " ' .~., '. ~,l ~~~ii~~'ti"~ili,%i"'~:M,!jitll't;';,: KEVIN J. VILLARREAL, t/d/b/a VILLARREAL FLOORING, Claimant/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1141 MLD NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife Owner/Reputed Owner/ Defendants Mechanics' Lien NOTICE OF HEARING TO: Thomas O. Williams, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 170ll-4642 Paul Taneff, Esquire Ricci & Taneff 4219 Derry Street Harrisburg, P A 17lll Stephen 1. Bloom, Esquire l-t'f - '") ') / ? 2100 Longs Gap Road Carlisle, P A 17013 Jesse R. Rubl, Esquire 350 West Market Street York, PA 17401 And now this 1 st day of Mav 2002, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: Tuesday, June 11,2002 Time: 9:00 o'clock a.m. Place: Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 170ll Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anvone who finds the hearin!! date unsuitable is responsible for Makin!! all arran!!ements with counsel and the arbitrators for a suitable date, time and place. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencement of the hearing. F~CO Henry F. Coyne Esquire COYNE & COYNE, P.C. 3901 Market Street CampHill,PA 17011-4227 (717) 737-0464 Chair, Board of Arbitrators cc: Court Administrator Prothonotary Bulletin Board' "<" ' ".-' n~,'-" _ ,,,,,,- ., ,,_ ,-',..",,,o;:,,,,i,,'"""''''-'_',,',c.,'._'Cl,,.,A^,-'',,,:.,: ORIGINAL KEVIN J. VILLARREAL t/d/b/a VILLARREAL FLOORING, Clairnant/Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 01-1141 MLD NICHOLAS J. ORTEGA and BRENDA E. ORTEGA, husband & wife, OwnerlReputed Owner/ Defendants : 11echanics' Lien PRAECIPE TO THE PROTHONOTARY: Please mark the captioned case and the mechanics' lien claim as satisfied, settled and discontinued with prejudice. REAGER & ADLER, P.C. BY~ TH MAS O. WILLIAMS, ESQUIRE Attorney LD. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Date: January 10, 2003 Attorneys for Plaintiff , "':~',::,,':",F~i 'f~'~t.'.;.:......!.:.i ~':'!;! ~:~:: \'F U,) t.~, ~! i;,;f'~~i1li~ "~"i ,,~_ "~,,,"" "",-,"".;J= '''''' ~~~~~Wi~liIlI'ri"'''' ;"1 JA~~E)IAO 1.. ,"- ~~ o,.~__= _ _ ~ 0'< ,'O~,,~.~ ,_~~ . ," ',',~ .," _.~, " . hh I ~A ~ 0 0 0 c W _of1 ~ L. ~::J ~' uo:; :: ;~ ,-:.=: ........, rnF'i J,.J Z:C ;"'1"1 71-'-- C; .)J ~~~: (.r.:> ~b (./\1 r::C " -~;~ :G .i: ~C -~'1", ?~,,;. , ~ ..,-0 ~ ~'!' ~ >~C: Z :J1 ;I> :2 ::D CD -< ~