HomeMy WebLinkAbout07-5716ROXANNE C. GARNER, ESQUIRE
ATTORNEY I.D. # 87406
RUSSELL, KRAFFT & GRUBER, LLP
930 RED ROSE COURT, SUITE 300
LANCASTER, PA 17601
TELEPHONE: (717) 293-9293
FACSIMILE X717) 293-5130 ATTORNEYS FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC.
Plaintiffs
No. 01- 571 WD
vs.
MECHANIC'S LIEN
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE, INC.
Defendants
MECHANIC'S LIEN CLAIM
CLAIM OF LIEN - INDIVIDUAL
(49 Pa. Stat. Ann. § 1503)
COMES NOW, THOS. SOMERVILLE CO., as a material supplier to Snyder's Plumbing,
Inc. and SNYDER'S PLUMBING, INC. as a contractor who has provided labor and/or materials for
the alteration, repair, erection or construction of property as follows:
1. Claimant Thos. Somerville Co., is a Delaware business corporation authorized to do
business in the Commonwealth of Pennsylvania pursuant to a Certificate of Authority issued by the
Commonwealth of Pennsylvania, Department of State on October 28, 1982, and maintaining its
primary business address at 16155 Trade Zone Avenue, Upper Marlboro, Maryland 20774
(hereinafter referred to as "Somerville").
2. Claimant, Snyder's Plumbing, Inc., is a Pennsylvania business corporation
maintaining an address at 46 Tower Drive, Elizabethtown, PA 17022 (hereinafter referred to as
"Snyder")
3. Somerville files this lien as a material supplier.
4. Snyder files this lien as a contractor.
5. The property subject to the lien is Lot 96 in The Preserve, a Planned Community,
more specifically known as 2455 Bladestone Trail, Hampden Township, Enola, County of
Cumberland, Pennsylvania.
6. The owner of the property subject of the lien is Charter Homes at The Preserve, Inc.,
a Pennsylvania Corporation maintaining its address at 114 Foxshire Drive, Lancaster, PA 17601
(hereinafter referred to as "Owner")
7. The property subject to the lien is part of the same premises which was granted and
conveyed unto Owner by the following three (3) deeds:
a. Deed dated June 6, 2005, and recorded June 9, 2005 in the Office of the
Recorder of Deeds in and for Cumberland County in Record Book 269, Page 1494;
b. Deed dated June 6, 2005, and recorded June 9, 2005 in the Office of the
Recorder of Deeds in and for Cumberland County in Record Book 269, Page 1499; and
c. Deed dated June 6, 2005, and recorded June 9, 2005 in the Office of the
Recorder of Deeds in and for Cumberland County in Record Book 269, Page 1503.
A copy of the deeds are attached hereto as Exhibit "A."
8. The date on which Snyder completed the work for which the Claim is made was no
earlier than April 23, 2007.
9. Claimants file this claim pursuant to a written contract dated April 12, 2006, between
Snyder and Defendant, Charter Homes Building Co., a Pennsylvania business corporation
maintaining an address of 114 Foxshire Drive, Lancaster, PA 17601. A copy of said contract is
attached hereto as Exhibit "B."
10. Pursuant to the Purchase Orders dated January 26, 2007, this claim is made for the
labor and materials identified on the said Purchase Orders. Copies of the said Purchase Orders are
attached hereto as Exhibit "C."
11. The aforementioned work was invoiced and mailed by Snyder to Defendant, Charter
Homes Building Co., detailing the work performed and amounts claimed in the total amount ofNine
Thousand Nine Hundred Twenty-Nine and 49/100 Dollars ($9,929.49).
12. Defendants have not made any payments towards the aforementioned invoice, leaving
a balance due and owing of Nine Thousand Nine Hundred Twenty-Nine and 49/100 Dollars
($9,929.49).
13. From April 23, 2007, through May 31, 2007, Somerville sold materials to Snyder for
a total amount of $1,376.23 for work done at Lot 96 in The Preserve, a Planned Community. A copy
of the invoices for materials sold are attached hereto as Exhibit "D."
14. Without payment from Defendants, Snyder is unable to pay his material supplier,
Somerville.
15. The amount claimed due and owing is Nine Thousand Nine Hundred Twenty-Nine
and 49/100 Dollars ($9,929.49), plus interest accruing at the rate of one and one-half percent (1'/2%)
per month since April 23, 2007.
RUSSELL, KRAFFT & GRUBER, LLP
By:
Roxanne .
Attom D. # 8740
Attorneys for Plaintiff
930 Red Rose Court, Suite 300
Lancaster, PA 17601
Telephone: (717) 293-9293
Facsimile: (717) 293-5130
ROXANNE C. GARNER, ESQUIRE
ATTORNEY I.D. # 87406
RUSSELL, KRAFFT & GRUBER, LLP
930 RED ROSE COURT, SUITE 300
LANCASTER, PA 17601
TELEPHONE: (717) 293-9293
FACSIMILE: (717) 293-5130 ATTORNEYS FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC.
Plaintiffs
vs.
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT VERSANT, INC.
Defendants
VERIFICATION
No. CI-07-
MECHANIC'S LIEN
I, Beth Crowley, Regional Credit Manager for Plaintiff, Thos. Somerville Co., verify
that the statements made in the foregoing are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
THOS. SOMERVILLE CO.
Date: By: L
Beth Crowley, Region Credit
Manager
ROXANNE C. GARNER, ESQUIRE
ATTORNEY I.D. # 87406
RUSSELL, KRAFFT & GRUBER, LLP
930 RED ROSE COURT, SUITE 300
LANCASTER, PA 17601
TELEPHONE: (717) 293-9293
FACSIMILE: (717) 293-5130 ATTORNEYS FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC.
Plaintiffs No. CI-07-
vs. MECHANIC'S LIEN
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE, INC
Defendants
VERIFICATION
I, David P. Snyder, President for Plaintiff, Snyder's Plumbing, Inc., verify that the
statements made in the foregoing are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities.
SNYDER'S PLUMB INC.
Date: 1 /;?l /y-;L B .
avid P. Snyder, President
152123.1
ExA.b;+ A
SEP-06-2007 __01l1 50--PMT? rr//FROM-TRICOUNTY ABSTRACT 17177613630 T-127 1 003
GI" ?E LA?!C
1005 JUN 9 RM 11 15
DEED
TAX I.D.
THIS DEED, made the 6°i day of June 2005, between
F-947
JACOB E. RICIHCREEK and LINDA L. RICHREEK, husband and wife, of Enola,
Cumberland County, Pennsylvania,
GRANTORS
AND
CHARTER HOMES AT THE PRESERVE, INC., a Pennsylvania Corporation.
GRANTEES
WITINESSETH, that the G rantors, for and i n c onsideration o f 0 ne D ollar a nd o ther g ood a nd
valuable consideration, to the Grantors in hand well and truly paid by the Grantee, at or before the
sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors
being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantee
forever, its successors and assigns.
ALL THAT CERTAIN lot or piece of ground situate in the Township of Hampden, County of
Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point, said point being a common property comer of Lot No. 2A and TRACT
1 of the Prel ininary/I'inal Subdivision Plan of Tract No. 2 for Jacob E. and Linda L. Richcreek,
Hampden Township, Cumberland County, Pennsylvania; thence from said point of beginning,
along said TRACT 1 North 08 degrees 48 minutes 58 seconds West, a distance of 23.91 feet to a
nail set in Blue Mountain Trail at land of Don M. and Gail P. Moni'smith; thence along land of
Don M. and Gail P. Monismith and continuing along land of Leroy M. and Linda Sites North 88
degrees 30 minutes 00 seconds East, a distance of 232.65 feet to a point at land of Augustus E.
Putt; thence along said land of Augustus E. Putt South 11 degrees 12 minutes 43 seconds East, a
distance of 360.01 feet to an iron pin; thence continuing along same South 44 degrees 00 minutes
00 seconds East, a distance of 123.75 feet to an iron pin at land of Lucy S. and Harold E. Coover;
thence along said land of Lucy S. and Harold E. Coover North 82 degrees 45 minutes 00 seconds
West, a distance of 330 feet to an iron pin at the comer of Lot 2A on the aforesaid plan; thence
continuing along same, North 08 Degrees 48 minutes 58 seconds West, a distance of 375.22 feet
to a point at the corner of Lot 2A, the point of BEGINNING.
CONTAINING 2.3671 acres.
.0
2?9
SEP-06-2007 01:50PM FROM-TRICOUNTY ABSTRACT
17177613830 T-127 P 004 F-947
BEING TRACT 1 on the Preliminary/Final Subdivision Plan of Tract No. 2 for Jacob E. and
Linda L. Richcreek, recorded in Cumberland County Plan Book 76, Page93.
BEING THE SAME PREMISES which Jacob E. Richcreek and Linda L. Richcreek, husband
and wife, by deed dated May 13, 1998 and recorded May 15, 1996 in the office for the Recorder
of Deeds in and for Cumberland County, in Deed Book 177, Page 350, granted and conveyed
unto Jacob E. Richcreek and Linda L. Richcreek, husband and wife, the Grantors herein.
UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior
record pertaining to said premises.
TOGETHER with all and singular the buildings, improvements, ways, woods, waters,
watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or
in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and of every part and parcel thereof;
AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand
whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described
and every part and parcel thereof with the appurtenances.
TO HAVE AND TO HOLD all and singular the premises herein described together with the
hereditaments and appurtenances unto the Grantee and to Grantee's proper use and benefit forever.
AND THE SAID GRANTORS, do hereby warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year
first above mentioned.
Signed, sealed and delivered
in the presence of:
V--
( 1 16 ? /"-" t
V (SEAL)
acob E. Richcreek
?- -]A / . (SEAL)
LinEia L. Richereek
W 2GS PAGEU95
SEP-06-2007 01:50PM FROM-TRICOUNTY ABSTRACT 17177613830
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF cumlArr%O-Mci SS
T-127 P 005 F-947
ON THIS, the 6`? day of June, 2005, before me, the subscriber, personally appeared Jacob E.
Richcreek and Linda L. Richcreek, husband and wife, known to me or satisfactorily proven to be
the persons whose names are subscribed to the within deed and acknowledged that they executed
the same for the purposes therein contained.
Witness my hand and notarial seal the day and year aforesaid.
0. p,?? 1?! I,VG(? coMMONWMTH OF PENNSYLVANIA
otary Public Now" Seel
oebmlh 3 Wkww, Non Pubic
My Commission Expires: M WC,h 3, a00q Wnft Boa LerredbrCMAN
MV Cormilsldon - ? Aar. 3, 200®
Member, Pennsovanla Aaaod911011 Of NOW411
The undersigned certifies that the precise residence and complete post office address of the Grantee
is:
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SEP-06-2007 01:50PM FROM-TRICOUNTY ABSTRACT 17177613630 T-127 v 006 F-947
Exhibit "A"
File No. 05-18196COFN
ALL THAT CERTAIN lot or piece of ground situate in the Township of Hampden, County of
Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point, said point being a common property corner of Lot No. 2A and Tract
1 of the Preliminary/Final Subdivision Plan of Tract No. 2 for Jacob E. and Linda L.
Rlchcreek, Hampden Township, Cumberland County, Pennsylvania; thence from said point
of beginning, along said Tract 1 North eight degrees forty-eight minutes fifty-elght seconds
West (N 080 48' 58" W), a distance of twenty-three and ninety-one hundredths (23.91) feet
to a nail set In Blue Mountain Trail at land of Don M. and Gail P. Monismith; thence along
land of Don M. and Gall P. Monismith and continuing along land of Leroy M. and Linda
Sites North eighty-eight degrees thirty minutes zero seconds East (N 880 30' 00" E), a
distance of two hundred thirty-two and sixty-five hundredths (232.65) feet to a point at land
of Augustus E. Putt; thence along said land of Augustus E. Putt South eleven degrees
twelve minutes forty-three seconds East (S 111 12'43" E), a distance of three hundred sixty
and one hundredths (360.01) feet to an iron pin; thence continuing along same South forty-
four degrees zero minutes zero seconds East (S "0 00' 00" E), a distance of one hundred
twenty-three and seventy-five hundredths (123.75) feet to an Iron pin at land of Lucy S. and
Harold E. Coover; thence along said land of Lucy S. and Harold E. Coover North eighty-two
degrees forty-five minutes zero seconds West (N 82° 4S' 00" W), a distance of three
hundred thirty and zero hundredths (330.00) feet to an Iron pin at the corner of Lot 2A on
the aforesaid plan; thence continuing along same, North eight degrees forty-eight minutes
fifty-eight seconds West (N 080 48' 68" W), a distance of three hundred seventy-five and
twenty-two hundredths (375.22) feet to a point at the corner of Lot 2A, the point of
BEGINNING.
BEING Tract 1 on the Preliminary/Final Subdivision Plan of Tract No. 2 for Jacob E. and
Linda L. Rlchcreek, recorded In Cumberland County Plan Book 76, Page 93.
BEING THE SAME PREMISES which JACOB E. RICHCREEK and LINDA L. RICHCREEK,
HUSBAND AND WIFE by Deed dated JUNE 6T", 2005 and Intended for Immediate recording
In the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania,
granted and conveyed unto CHARTER HOMES AT THE PRESERVE, INC., A
PENNSYLVANIA CORPORATION, Mortgagor(s) herein.
d
EXHIBIT A TO MOFrrGAGE.DOC 60ok PAcr1497
SEP-06-2007 01:50PM FROM-TRICOUNTY ABSTRACT
A& Ie tix•r3-ee;
•
COMMONWEALTH OF PENNMVANU.
DEPARTMENT OF REVENUE
euREAU OFINDNIOUAL TAXES
P06T OFFICE BOX 8910
MARRISGURG, PA 1710-5-N10
17177613830
REALTY TRANSFER TAX '
STATEMENT OF VALUE
See Reverse for Instructions 1 0.14
T-127 P 007 F-947
7ECOAOER'S USE ONLY
Complete each section and file In duplicate with Recorder of Deeds when (1) the full value/conlilderatlon is not set forth in tho deed, (2) when the deed is
without consideratlon, or by gift, or (3) a tax exemption is claimed. A Statement of Value Is not required if the transfer is wholry exempt from tax based on: (1)
JACOB E. RICHCREEK LINDA L. RICHCREEK CHARTER HOMES AT THE PRESERVE, INC.
Street AGdr•fe 6fraet Morass
5955 BLUE MOUNTAIN TRAIL 114 FOXSHIRE DRIVE
City Stab Zip Code City Suu Zip Craft
ENOLA PA 17025 LANCASTER PA 17601
PROPERTY • •
Street AWrots City. TewfW4p, RolauOh '
5955 BLUE MOUNTAIN TRAIL, LOT 1, ENOLA PA 17023
County Sc,ool District TY%Parmi Nwit"r
r1IMRFR ANll CUMBERLAND VALLEY 10-12-2983-024
I Actual Cash Consldar9h0p
155,000.00
.. County Assessed vhi,.o
116,160.00
2. Other Cooosloaptpan
40
5. Common Lwal Ratio
3*-qffr?' /? y I .6.
J. Talm Comiasrenon
155,000.00
6. Far Ma,iwl Value
c 119 017 KA
is. Am0tlnl of Exomption Clehned 10. Percentsoo or iniomal Conveyeo
NONE 1 100%
2. Check Appropriate Box Below for Exemption Claimed
? Will or intestate succession
(Nana Of Daimdontt tEetafe File Nuneen
? Transfer to industrial Development Aprlry.
? Transfer to agent or straw party. (Attach copy of agency/straw party agreement).
? Transfer between principal and agent. (Attach copy of agencylstntw trust agreement). Tax paid prior deed s
? Transfers to the Commonwealth, the United States, and Instruntenlalliles by gift, dedication, condemnation or in lieu of condemnation.
rAharh r'nn,, ^rrnenluNnnl
? Transfer from mortgegato a holder of a mortgage In default. Mortgage Book Number Page Number
? Corrective deed (Attach copy of the prior deed).
? Statutory corporate consolidatlon, merger or division. (Attach copy of articles).
? Other (Pime explain exemption claimed, K other than listed atwve.)
Under penalties of law or ordinance, I declare that I have examined this Statement, Including accompanying Information, and to the txesrt of my
knowledge and belief, It to true, correct and complete.
ylGnatura M CamsaOnaM or Raapana?0?wr_*ei?7? ?? sea ?/?/t,l?
A I
Sock 269 PACE1498
Nsmo Telsphane ?4 ,moor
Charter Land Exchange, L.P was Coca Telephone 717-399-2185 Fax 717-
389-2188
Stele Lp Cc4a
Stroet Aaarm City
114 Foxshire Drive, Lancaster, PA 17601
TRANSFER Date ar AmepraAes or Doaunenl
June 06. 2005
SEP-06-2007 01:50PM FROM-TRICOUNTY ABSTRACT
Ili
DEED 1005 JUN
17177613830 T-127 P 008
R03ER'f P. ZiTr,L c?
?E3GP,DER OF _E
9 AM 1115
TAX I.D.
THIS DEED, made the 6'h day of June, 2005, between
F-947
JACOB E. RICHCREEK and LINDA L. RICHREEK, husband a nd wife, and DANIEL R.
RICHCREEK, JR-, single man, of Enola, Cumberland County, Pennsylvania,
GRANTORS
AND
CIiARTER HOMES AT THE PRESERVE, INC., a Pennsylvania Corporation
GRANTEE
WITNESSETH, that the Grantors, for a nd i n c onsideration o f 0 ne D ollar a nd o Cher g ood a ad
valuable consideration, to the Grantors in hand well and truly paid by the Grantee, at or before the
sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors
being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantee
forever, its successors and assigns.
ALL THAT CERTAIN tract of land situate in Hampden Township, County of Cumberland,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point, said point being a common property comer of Lot No. 2A and TRACT
1 of the hereinafter mentioned Plan; thence from said point of beginning, along said TRACT 1
South 08 degrees 48 minutes 58 seconds East, 375.22 feet to a point at land now or formerly of
Lucy S. and Harold E. Coover; thence along said lands of Lucy S. and Harold E. Coover North
88 degrees 42 minutes 52 seconds West 238.70 feet to a point at Lot 2B of the hereinafter
decribed Plan; thence along Lot 2B North 08 degrees 48 minutes 58 seconds West 362.22 feet to
a point; thence North 88 degrees 11 minutes 16 seconds East 236.77 feet to a point, the place of
BEGINNING.
CONTAINING 86,649.43 square feet or 1.9892 acres.
BEING Lot No. 2A on the Preliminary/Final Subdivision Plan of Tract No. 2 for Jacob E. and
Linda L. Richcreek, recorded in Cumberland County Plan Book 76, Page 93.
BEING THE SAME PREMISES which Jacob E. Richcreek and Linda L. Richcreek, husband
and wife, by deed dated October 29, 1999, and recorded November 3, 1999 in the office for the
Recorder of Deeds in and for Cumberland County, in Deed Book 211, Page 17, granted and
BOOK 20 PAGE1499
SEP-06-2007 01:51PM FROM-TRICOUNTY ABSTRACT 17177613830 T-127 P 009 F-947
conveyed to Jacob E. R.ichcreek and Linda L. Richcreek, husband and wife, and Daniel R.
Richcreek, the Grantors herein.
UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior
record pertaining to said premises.
TOGETHER with all and singular the buildings, improvements, ways, woods, waters,
watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or
in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues
and profits thercof, and of every part and parcel thereof,
AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand
whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described
and every part iuid parcel thereof with the appurtenances.
TO HAVE AND TO HOLD all and singular the premises herein described together with the
hereditaments zmd appurtenances unto the Grantee and to Grantee's proper use and benefit forever.
AND TFIE SAID GRANTORS, do hereby warrant specially the prbperty hereby conveyed.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year
first above mentioned.
Signed, sealed and delivered
in the presence of:
(SEAL)
Jacob E. Richereek
(SEAL)
Linda L. Richcreek '
i 7F?. (SEAL)
Richcreek
800 269 Pwiwo
SEP-06-2CC7 C!:51PM FROM-M COUNTY ABSTRACT 17177613830 T-127 P 0101023 F-947
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CU tuber land SS
ON THIS, the 60' day of June 2005, before me, the subscriber, personally appeared Jacob E.
Riehereek and Linda L. Richcreek, husband and wife, known to me or satisfactorily proven to be
the persons whose names are subscribed to the within deed and acknowledged that they executed
the same for the purposes therein contained.
Witness my hand and notarial seal the day and year aforesaid.
Notary Public
My Commission Expires: Vprch 3, 2W9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CLj-rnloevtand
c.)MMiONWEALTH OF PENNSYLVANIA
NOWW Seel
Debush S. WSW Nt7tary PLbk
EPhl%M Boo, Lanceeler County
My ConteWw E ow Mv. 3.2009
Man,ber. Pennsylvania Aaaodadon of Notados
SS
ON THIS, the 0 day of June, 2005, before me, the subscriber, personally appeared Daniel
R. Richcreek, single man, known to me or satisfactorily proven to be the person whose names is
subscribed to the within deed and acknowledged that he executed the same for the purposes therein
contained.
Witness my hand and notarial seal the day and year aforesaid.
Wma-)A'L ) jt1 ,-JNtrAONWEALTH OF PENNSYLVANIA
Notary Public NahmW SM
My Commission Expires: VkavcJA 3# 10t9 ueo&M s. Mww, Notary Rae
Eprtrate. Bozo, LwcasWCary
My Carfrtiabn Ejom Mar. :X 2009
r: •hor. Pennsylvania Ueoelallon of Notaries
The undersigned certifies that the precise residence and complete post office address of the Grantee
is..
r? 9 J_?'i' P? 2
114 Foxshire Drive W R ? Q T A 6^ C=j
?•
Lancaster, PA 1760 e>c- ?,?
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V O O O J S G C <1 CJ .rj
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1 C y this to be recorded
A
, In rttn,Uerl3.nd County PA
a n
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12cc?? dcr of Dc,? ,
b0 0K 269 PACE1501
SEP-06-2007 01:51PY
• REV Ib3 Ex (8.00)
FROM-TRICOUNTY ABSTRACT
COMMONWEALTH OF PtNNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OFINDIVIDUA: TAi(E$
POST OFFICE BOX 8010
HARRISBURG, PA 17105-8010
T-127 P 0111023 F-947
QECONDEN'S U5E ONLY
stele Tur Polo 1
Book N.,Y"r 1
REALTY TRANSFER TAX
STATEMENT OF VALUE
See Reverse for Instructions IDal eRRemrOed r
Complete each section and file In duplicate with Recorder of Deeds when (1) the full value/con side rauon is not set forth In the deed, (2) when the deed 15
without consideration, or by gift, or (3) a tax exemption Is claimed. A Statement of Value is not required if the transfers wholly exempt from tax based on. (1)
Name Tslepnons Number
Charter Land Exchange, L.P Aree Coda Telephone 717-399-2185 Fox 717•
3992188
311001 A0111`01% City Slate Zip Code
114 Foxthlre Drive, Lancestor, PA 17601
1 E e M I Date of AC40plance or Document
r,?e rte ennc
JACOB E. RICHCREEK LINDA L. RICHCREEK
6015 BLUE MOUNTAIN TRAIL
PA 17025
slate
Street Addrox.
6013 BLUE MOUNTAIN TRAIL, LOT 2A, ENOLA PA 17025
County smool Dieutct
CUMBERLAND CUMBERL
1 ACNal Cein Coneloora Can 2. War Conaeleernlcn
137,500.00 t0
-1. CMftly AGGOSE04 Volw CWWCM Level 88113
116,440.00 boad- Y 1.
AT THE PRESERVE. INC.
114 FOXSHIRE DRIVE
17177613830
PA
City. TOWnSillp. Borouon
to Amount at &-mption Claimed 10, Porci nags of Interest CGAWY94
NONE ]O0•"ti
2. Check Appropriate Box Below for Examptlon Claimed
? Will or intestate succession
lac Ptlroel NUmDOr
10-12-2983-028.
3, Toni Conemaration
= 137,500,00
e. Fair Memel Va ua
= 129,:48.40
memo no osaaaml tEeste Film Nuetbeel
? Transfer to Industrial Development Agency.
? Transfer to agent or straw party. (Attach copy of agency/straw party agreement).
? Transfer between principal and agent (Attach copy of agency/straw trust agreement). Tax paid prior deed $
? Transfers to the Commonwealth, the United States, and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
win h rnnv no raarjsalr nl
? Transfer from mortgagor to a holder of at mortgage In default. Mortgage Book Number Page Number
? Corrective deed (Anach copy of the prior deed).
? Statutory corporate consolidation, merger or division. (Attach copy of articles).
? Other (Please explain exemption claimed, If other than listed above.)
Under ponaitlee of law or ordinance, I declare that I have examined this Statement. Including accompanying Information, and to the best of my
knowledge and belief, It Is true, correct and complete.
DOOR ' AOM PAU1 1;A'3
SEP-06-2007 01:51PM FROM-TRI000NTY ABSTRACT 17177613630 T-127 P 012/023 F-947
POeEPT P. t!c`GLEF
DEn GF
2005 JUN 9 A?11? 1S
DEED
TAX I.D.
THIS DEED, made the 6 h day of June, 2005, between
TERRY L. RICHCREEK, adult individual, single man, of Enola, Cumberland County,
Pennsylvania,
GRANTOR
AND
CHARTER HOMES AT THE PRESERVE, INC., a Pennsylvania Corporation
GRANTEE
WYTNESSETH, that the Grantors, for and inconsideration of One Dollar and other good and
valuable consideration, to the Grantor in hand well and truly paid by the Grantee, at or before the
sealing and delivery of these presents, the receipt whereof is hereby, acknowledged and the Grantor
being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the
Grantee forever, its successors and assigns.
ALL THAT CERTAIN lot or piece of ground situate in the Township of Hampden, County of
Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point, said point being a common property corner of Lot No. 2A and 2B of the
Preliminary/Final Subdivision Plan of Tract No. 2 for Jacob E. and Linda L. Richereek,
Hampden Township, Cumberland County, Pennsylvania; thence from said point of beginning,
along said Lot No. 2A South eight degrees forty-eight minutes fifly-eight seconds East (S 08°
degrees 48' 58" E) three hundred sixty-two and twenty-two hundredths (362.22) feet to a point at
land of Lucy S. and Harold E. Coover; thence along said land of Lucy S. and Harold E. Coover
North eighty-eight degrees forty-two minutes fifty-two seconds West (N 88° 42' 52" W), a
distance of two hundred ninety-one and four hundredths (291.04) feet to a point at the comer of
Lot No. 2C on the aforesaid plan; thence continuing along Lot 2C North nine degrees forty-seven
minutes twenty-eight seconds West (N 09° 47' 28" W), a distance of three hundred forty-seven
and f fleen hundredths (347.15) feet to a point; thence North eighty-eight degrees eleven minutes
sixteen seconds East (N 88° 11' 16" E), a distance of two hundred ninety-four and sixty-four
hundredths (294.64) feet to a point, the point of BEGINNING.
BEING Lot 2B on the Preliminary/Final Subdivision Plan of Tract No. 2 for Jacob E. and Linda
L. Richcreek, recorded in Cumberland County Plan Book 76, Page93.
Boor 269 PACE15O3
SEP-06-2007 01:51PM FROM-TRI000NTY ABSTRACT 17177613830 T-127 P 013/023 F-947
BEING THE SAME PREMISES which Jacob E. R.ichcreek and Linda L. Richcreek, husband
and wife, by deed dated March 24, 2003 and recorded March 27, 2003 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania id Deed Book 256, Page 1235,
granted and conveyed unto Terry L. Richcreek, single man, the Grantor herein.
UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior
record pertaining to said premises.
TOGETHER with all and singular the buildings, improvements, ways, woods, waters,
watercourses, rights, liberties, privileges, hereditaments and appurtenances to the sa=ne belonging or
in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and of every part and parcel thereof;
AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand
whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and
every part and parcel thereof with the appurtenances.
TO HAVE AND TO HOLD all and singular the premises herein described together with the
hereditaments and appurtenances unto the Grantee and to Grantee's proper use and benefit forever.
AND THE SAID GRANTOR, do hereby warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, the Grantor have hereunto set their hands and seals the day and year
first above mentioned.
Signed, sealed and delivered
in the presence of:
(SEAL)
Ter L. Richcreek
9rr nf2 +4r'i
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ry
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?_ry +GfJ1G.?QC!1C>t'IOc11 V1 U7
Fo-di 269 PACA504
SEP-06-2007 01:51PM FROM-TRI000NTY ABSTRACT 17177613830 T-127 P 014/023 F-947
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cu.m{OCrk&.
SS
ON THIS, the 6?' day of June, 2005, before me, the subscriber, personally appeared Terry L.
Richcreek, single man, lmown to me or satisfactorily proven to be the person whose name is
subscribed to the within deed and acknowledged that he executed the same for the purposes therein
contained.
Witness my hand and notarial seal the day and year aforesaid.
fKl d k?NA COMMONWEALTH OF PENNSYLVANIA
Notary Public Na"S"
My Commission Expires: Ware) 3 Z009 oobomh& vHe w, NoeWPbc
EphreGt+s B= LamnW Co XV
My Camlimion Foes Met 3.2009
Member. Pannsytvants Association of Notaries
The undersigned certifies that the precise residence and complete post office address of the Grantee
is:
114 Foxshire Drive
Lancaster, PA 17601
Book 269 PAGEi505
Recorder of Deeds
SEP-06-2007 01:51PM FROM-TPICOUNTY ABSTPACT 17177613830 T-127 P 015/023 F-947
• RCV.113 EX (941;)
COMMONWEALTH OF PENNSYLVANU.
OEPARTMENT OF REVENUE
BUREAU OFINDMDUAL TAXES
POST OFFICE BOX SB10
MAFtAISBvRG, PA 17105.9910
REALTY TRANSFER TAX
STATEMENT OF VALUE
Sae Reverse for Instructions
Number
Number
Complete each section and file In duplicate with Recorder of Deeds when (1) the full valuelconsideration is not set forth in the deed, (2) when the deed is
without consideration, or by gift, or (3) a tax exemption Is claimed, A Statement of Value Is not required If the transfer is wholly exempt from tax based on. (1)
femlN relatlonshl0 or (2) public UWV easement- If more $0400 is needed. Witch 0ddlllonol sheel($). _
N.TS TsleianerM Number
Charter Land Exchange, L.P. ale Cod. Telephone 717-399.2185 Fax 717-
399-2188
Streal Address City Stall Zip Cede
114 Foxshire Drive, Lancaster, PA 17601
Data or AGzsytan0s of Decumons
i...,., nc onru
oranteetwLesaee(s)
TERRY L. RICHCREEK CHARTER HOMES AT THE PRESERVE. INC
61reer Addra sa Swear Address
6025 BLUE MOUNTAIN TRAIL 114 FOXSHIRE DRIVE
ENOLA PA 17025
Silent Aeerees
6025 BLUE hICUNTAIN TRAIL. LOT 20, ENOLA PA 17025
CUMBERLAND
1 Acruar Casn Conaderslion
162,500.00
6. Counry Aseeseed Vewe
80,830.00
CUMBERLAND VA11 HY
2. War Cend.lda-ban
+0
5. Common Lever Raba
Tex Parcel Number
10-12-2983.029
3. Txal Conelaersoon
= 162,500 00
5 Fier Marxdt Vsluo
• = 89.721.30
1 e. Amount of E:ompxon Clalrned ib. Peroaniia" of W".r Con. yad
NONE 1oO% - . ., . 1 -1 2. Chock Appropriate Box Below for Exemption Claimed
Q will or Intestate succession
(Name Of Decadenn lEsmle F,la Nvmavrt.
? Transfer to Industrial Development Agency.
? Transfer to agent or straw party. (Attach copy of agency/straw party agreement).
? Transfer between principal and agent, (Attach copy of agency/straw trust agreement). Tex paid prior deed $
? Transfers to the Commonwealth, the United States, and lnstrumentalitlos by gift, dedication, condemnation or in lieu of condemnation.
IONer•N ?nnv nl roWr,rIM1
Q Transfer from mortgagor lo`a holder of a mortgage In default. Mortgage Book Number , Page Number
? Correctlve deed (Attach copy of the prior deed).
? Statutory corporate consolidation, merger or division. (Attach copy of articles).
? Other (Please explain exemption claimed, if other than listed above.)
Under penattios of law or ordinance, I declare that I have examined thle Statement, Including accompanying Information, and to the best of my
knowledge and belief, k Is true, Correct and Complete.
9i0ne1- or Ce.,..pend.nl or R.ep.n.lei. o...
5 K 269 PACEi,'W
LANCASTER PA 17601
Cory, To nrhlp. Bomuoh
C,xk?t 8
VENDOR/TRADE PARTNER AGREEMENT VTp tLAx uarts PIMion
VENDOR N Z
GROUP NUMBERQ
Definitions
Charnsr means Charter Hones Building Company or Ne busing entity which issues a Work Order b a Vendor/Trade
Partner.
VMmeans Vendor/Trede Partner and is following business entity which provides Trade Work
Business name of VTP:
with an oddnm ck Ii -ax mA. IDIA,
rra* WW*Means "providleg of tabor by qualified I aj! F *11 supervision, materials, ems„ equipment,
tansporkdift, and off similar items to Perform work in accordance with the Work Documents.
Wkv* aba meat moons all of the (ogawing doc:umma (whkh are to be considered a port of this Agreutertl):
lit Mader -%n-1jC0d= lakOL4 4 A ConstrucBorj%n
r(3 Ptt& mamm Mindacdtt lot?ochoO (s) Form of b+t?,?oc
I 4 161 farm of
(7) Form of Sen&& Order
Wot* Okdrr means a Purchase Order ('PO'), Variance Purchase Order 'VPO'l or
I servioe ord.r ('sow).
Charter Is a homebuikler. The Vendor/Trade Partner is a duly parsed business entity, ergogW In the business of
providing Trwle, Work and/or materials. in this Agreement, Charter and the Vendor/Trade Partner agree to the terns
and con litlons which will apply to Work Orders which Charter issues to the Vendor/Trode Partner.
CHARTER AND THE VTP ACKNOWLEDGE AND AGUE THAT THIS AGREEMENT IS NOT A CONTRACT TO
PERFORM ANY WORK OF ANY KIND.
CHARTER AND THE VTP WILL ONLY ENTER INTO AN AGREEMENT MR THE PERFORMANCE OF WORK WHEN
CHARTER ISSUES A WORK ORDER TO THE TRADE PARTNER.
CHARTER AND THE VIP AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE A PART OF ANY
WORK ORDER ISSUED BY CHARTER AND ANY WORK ORDER ISSUED BY CHARTER IS SUBJECT TO ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
THIS IS A FOUR PAGE DOCUMENT. THE TERMS AND CONDITIONS ON THE FOU,OWING THREE PAGES ARE
PART OF THIS AGREEMENT AS COMPLETELY AND FULLY AS IF THEY WERE ON THIS SIGNATURE PAGE.
BY SIGNING THIS AGREEMENT, CHARTER AND THE VTP ACKNOWMDGE AND AGREE THAT EACH WAS READ
ALL FOUR PAGES, AND THE WORK DOCUMENTS, AND EACH AGREES TO ALL OF THE TERMS AND
CONDITIONS ON ALL FOUR PAGES AND IN THE WORK DOCUMENTS.
Intending to be 600 bound, Charter and the VTP enter into this V,/-2,00
Agrdssrnent on:
VTP. for Charter.
By: tt. J t .?i
Nome: •? T- _ Teambuilder/Purciasing Manger
ripe: ?. 17 4
vice Rasldent
1
I . PRICE. The prices far Trade Work (referred b a
'Bid Amounts") are set forth In the Work Documoft To
Induce Charter to issue Work Orders to the VTP, the VTP
aBnes to perform the Trade Work for the Std Amounts in
effed of the time that the Work Order is issued. Chatter
and the VTP also agree that the Bid Amounts will not be
changed unless (a) the VTP provides at bast awy (601
days' written notice of a proposed dwnge in the Bid
Amount, and 04 Charter agrees to the changes by
executing a new RFB.
2. SCHEDULING. Charter wig schedule, in odvance
(in accordance with do lead time stated in in RFB), the
dales and times for performance of Trade Work. The
assignment, scheduling, direction and continuity of Trade
Work wig be of Charter's dharetion. The VTP wig begin
Trade Work on the dote designated by Charter and
proceed diligently to complete the Trade Work wrldtin the
lime schedule set by Charter ('Work Schedule'). The
VTP ogre so b aoopsnoMe with Charter and other VMS in
scheduling and performing Trade Work to avoid conflict
or interference with the work of others.
3. CHANCES TO WORK DOCUMENTS. As part of
C
Char1W harter's conk" progronr of pry reftnement,
may charge any of the Construction Plans,
Moster Specifications, and/or Performance Standards at
any time by ercectAng an amendment with the VTP
describing such change. Issued Worts Orders may be
revoked a any lime prior to commerroemert of Trade
Wank or ordering of nnoferiols. If Charter changes dye
Work Documents, 16 ViP agrees to do any Trade Wark
(which is not complete at the time of do change) in
oooordonce with the changed work Domments.
4. NO CHANGES TO TRADE WORK OR EXTRAS
pNCWDING FOR NEW MOME BUYER, The VTP
agrees to do the Trade Work, and only the Trade Work,
as sit forth in the Work Documents in oc cordarm with
Work Orders Issued by Charter.
01101, the in -
mac. The VTP wig not modify (cuslomize, alter or
otherwise change) the Trade Work, nor provide any
labor or material: on any property on which Trade Work
is performed which is not authorized by a Work Order
issued by Charter; and, if the VTP does so, the VTP
corm that Charter may deduct, from payments
otherwise due to the VTP, Charter's costs of nsmoving
unouthodnd wo& done by the VIP and of restoring the
Property to the condition permitted by the Work
Documents.
5. PAYMENT. Subject b dte henrys of this AVeement,
Chafer wig pay the VTP the amount set forth on to
Work Order issued by Charter to do VTP. By waiting the
Trade Work authorized by an issued Work Order, the
VTP aorm to accept the amount sit forth in the Work
Order for the Trade Work set forth In the Work Order.
If the VTP does not agree with any Item(s), induding
quantities or amounts b be paid, which we stated on a
Work Order issued to the VTP, or if Charter changes the
Work Documents which wig change any item(s),
including quantities or amounts to be paid on a Work
Order, the VTP must obtain, from Charter aced prior to
starting work, a WO describing the changes to the
Issued Work Order.
When Trade Work is soil 6-1-1ly conipleied in
aornplionce with the Work Documenis (in Charter's sole
determination, Chatter wo pay the VTP for completed
Trade Work in aooordoncewith the paymentwhedule in
the work order and In firm rJonoe wbh dxis Agreenhent.
Charw WIN make these payments to the VP WRhout
receiving an invoice. Any invoices received from the VR
will be disregarded aid ignored. Charter wig not be
responsible for, nor Pay, any penally or homed for any
Paymeros made kilt than the payment schedule eat forth
on the Work Order. The VTP hereby waives, b the
extent permitted by law, any rowireiniiK that any notice
of incorrect invoice or deRcient work either be;" writing
or be received within any And Period of time.
Charter will have the right b requke, before makithg any
poymet 1, sotWWOry evidence of 16 payment by the VTP
for materials and labor provided by, or of dye dhecfion
of, the VTP and, before find payment, fees and oantpW*
rebores of ON liens and other claims for materiab
furnished and work performed pursuant to any. Work
Order issued to to VTP.
No Payment to the YTP will be conclusive evidence of
perfarmorrce of Trade Work, either wholly or in port, and
no payment will be construed as an acceplance of
defective or deficient Trade Work or an cdkrmonce of
any invoice against which such payment is made.
TM VTP agrees that any check tendered to the VTP by
Chortsr may be made subject b, and endorsed with
bnguoge constiWN. release of the VTP's lien rights In
0 red Pro" y which the Trade Work being paid
for wo 2
6. PERFORMANCE. In the pnrf orniance of In Trade
Work, the VTP agrees to:
a. Provide all supervision, labor by qualified hides
Poo* materials, bits, equipment, Ironsportalion,
and all similar items to Perform the Trade Work in
accordance with the Work Documents;
b. Perform all Trade Work in a good and workmonlike
manner, free of dehick furnishing only new (unless
otherwise specified in the Work Dx ~kl
materials of good quality installed in accordance
with monufocturer's specifications;
C.- perform the Trade Work in accordance with all laws,
reaulallm. and appliooble requWmerih of an
governrnahtal orffm having iurWicNon Including all
OceupdWncl and Safety Ages"" Ad rOSHA"1
mqquiremoft ' r - I * 'regulations 110111 of whIch the warrants and "presents that the VIP is fomiltor
with). The VTP agrees to indemnify and hold Charter
harmlms, to the flattest eoft# permitted by k" from
any damage, Rne or penalty which may by assmsed
against Charter because of the VTP's broach or
failure to comply with governmental requirement.
7. INSURANCE. At Oil times that the VTp is performing
Trade Work, the VIP agrees b maintain, at the VTP's
expense, due following insurance coverage ("Required
Insurances'), naming Charter as an additional insured on
the policies:
a. Worker's ComPensafion Insurance in statutory
required amounts,
b. Employer's lichdiy insurance of $100,000.00 each
incident; =300,000.00 Disease Policy limit;
$100,000.00 Disease each employee;
c. Motor vehicle liability insurance for vehicles rented,
owned or nonrowned by the VTP and used of the job
silt of $1,000,000.00 combined single limit of
liability;
d. Comprehensive Generoil Uabifiy Imwonce in the
amounts ch General Aggregate $2,000,000.00,
Products and Completed Operations Aggregate
$2,000,000.00; Pe:onol and Advertising injury
=1,000,000.00; Each Occurrence $1,000,000.00;
Fire Damage $50,000.00; Medical Expense
$5.000.00.
The VTP Germ to provide, to Charter, certif ccom (and
replacement eertiRcoies prior to c"p4ate eogoiration) of
Required insurances, naming Charter as an additional
insured and the VTP agrees to notify Charter in writing
nil less ihdn thirty (301 days baton cancellolion or
termination of any Required Insurance.
8. WARRANTIES. By pwWming Trade World, do VTP
warrants that the Trade Work wilt be free of defects (as
defined by the Appraved Standards so forth in the
War ony Docuiw* provided to the Buyer of the
properly of which the Trade Work is a part, a copy of
which is avoiiobb for inspection at Charter's offkel.
The VTP acknowledges and agrees shot the correction of
ddicls in workmanship or materials for Trade Work
perlotrned under this Agreement ('rWarronty Work"l is
critical to the health, safety and comfort of people living
In the homes of which the Trade Work is a part and
vikAy important to ChartK's business, inducting
maintenance of Work Schedules.
The VTP agrem to perform Warranty Work within such
time as Charter, in Charter's judgment, requires. The VTP
vanes to accept Charter's tidgment and determination
of the urgency and Mme period in which Warranty Work
must be performed for the health, salty, and comfort of
residents and for Chartsr's business interests.
The VTP wiR perform Warrarwy Work for Aei is reported
to Charter within a minimum of one (1) year char the
date the property of which such Trade Work is a part is
=*eyed to the buyer, except that the VTp wig do
Warrany Work an Charter's model homes for the entire
time that Charter Is aeMvely marketing from the model
home ("Warranty Period").
The VTP canes that, if the VTP does not perform
Warranty Waft within such lime as Charter requires,
Charier may deduct, from payments otherwise due to the
VTP, Charter's oast of abtoining the Warranty Work from
alters.
9. REVOCATION OF WORK ORDERS. Work Orders
are issued in Charter's sale discretion and are subject to
Chorhr's right to revoke any Work Orders issued, in
whole or in part (even if the Trade Work is partially
pa 6,. d1 becovee of:
a. the VfP's kature to do the Trade Work in accordance
with the Work Documents,
b. the VTP's fanure to do the Trade Work in accordance
with the Work Schedule,
c. the VTP's {allure to do Warranty Work within tie
time period required by Charter, or
d. failure of materials provided by the VTP to conform,
in Charter's sole judgment, to speciRcosm s,
samples, or other represenWons.
In the event of revocation of issued Work Carders, charter
will pay to the VTP, in accordance with the Paymenl
terms of this Agreement, the Bid Amounts for
J
Trade Work acMollyeornpleied prior to notlficotion to the
ViP of revocation, but not, in any case, For ma w ale not
delivered, without regard to wheedler do VTP has ordered
and/or obtained the materials.
If a Issued Work Order is revoked or termiraled For any
room, or the issuance of Work Orders to the VIP is
terminated by Charter, Charter will have the right to
retain an amount of up b five percent 15%1 of do total
cod of all work performed by the ViP in the prior 12
months from in time of revocation or termination until the
Warranty Period is over and Its VTP tree completed all
Warranty work. if the ViP does not pwImnh Warranty
Work within such time as' Chortw requires, the VTP
authorizes Charter b deduct and pay, from do retained
amount, Charier's cod of obtaining the Warranty Work
from others.
10. INDEMNIFICATION. The VTP agrees to Indemnify
and hold Charter, and Charter's agents and emplaym,
harmless from any and all Willy of any nature
whahoever, including casts, An ixg s, losses and
expenses, including amorniy's Fear, wising out of any
claim, action or demand incurred by Charter in
connection with ogreemix between the VTP and Charter
or performance of the Trade Work. This indannificonon
by the VTP is only for losses or injuries due in whole or in
part to the VIP's acts or omissions or of ethers whom the
VTP employs or for whose ads the VTP is liable.
11. ASSIONMEW AND SUBCONTRACT. The VIP
may not, wAout Charter's prior written consent, assign
or wbcwbw the performance of Trade Work or any
portion thereof, nor any right or interest created by
agreements between the ViP and Charter or to any
monies due or to be become due because of such
aereernents.
AN agreements between the VTP and Charter wig be
binding on and benefit the VTP and Charter and the
r0spedive heirs, waculors, administrators, successors and
assigns of the VTP and Charter.
12. WAIVER OF UEN RIGHTS. By performing Trade
Work pursuant to the Work Documents, its ViP waives
and relinquishes the VIP's right b have, File or maintain
any mechanic's lien or mechanic's notice of intention to
lien or claim; and the ViP ogre- and warrants Ihot the
VTP will not Rte nor assert, nor do « allow anything
which would permit any employes, matsrialmon,-
mechanic, subcontractor or other person supplying labor
and/or mawdols on the VTF's behalf to File or assert any
mechanic's lion or ddm against On real estate on which
the Trade Work is b be or has been performed.
The Waiver, set forth in this section is, in addition to
being a part hereof, an independent covenant for the
benefit of the owner of the sold rod estate, any lender
providing financing secwed by the said real estate, any
kensed tills insurance company insuring tide to the said
red estate, and their respective successors and assigns.
13. NOTICE. Unless wwressly required to In writing by
this Agreement or the Work Documents, any notice given
by either the VTP or Charter b the other may be given be
any commercially reasonable method inducing, but not
limited to United States Posed Service nail, facsimile
nansmission, wnhoil, hand delivery, or delivery by any
recwenixed delivery service (e.g., FedEx, UPS).
Notices required to be in writing shall be given by
nailing of the notice, postage prepaid, certified or
registered mail, return receipt requested, or by delivery
by any vccgni?ed ddivery service, to recVwWs oddness
on the first pogo of this Agreement and any such notice
will be efi K" upon , wWwKxd by wdNen
receipt of recipient, «by the delwerin8 p«Ar's notarized
affidavit of delivery to the recipient.
14. CONDITIONS. Chw hu sholl not be liable for
failure to perform this Agreement due to factors beyond
Charter's control including, but not limited to km o
mgWws` war, civil unrest, or aduol or economic
unavoilabiky of labor and/or materials.
15. FINAL AGREEMENT. This Agreement and the Work
Documents, taken together, ooesfilute the full and fine
agreement between the VTP and Charter. This
Agreement and the Work Documents supersede any
previous agreements between the VTP and Charter. No
modification of This Agreement or the Work Documents
will be binding on the VTP or on Charter unless the
modifiooNon is in writing and signed both by the VTP and .
by Charter.
16. GOVERNM LAW/JURISDICTION. The
Agreement resulting from ohs issuance of Work Orden
and the performance of Trade Work pursuant thereb is
governed, psrFew v and enforced in oocardonm with
the laws of the Conmorwmollh of Pennsylvania. The VTP
and Charter agree that the Court of Common Pleas in
and for the County of Lancaster, Cannwnweolth of
Pennsylvania will have exclusive original jurisdiction over
any and all claims, causes of actions, or disputes
involving such Agreement.
4
rxk)?,+ C-
U1 / Zb/ LUU'/ UL : %t) : %O klm %111411 6Vi aivAuco ....b- -
Charter Homes Building Company
114 Foxshire Drive
Lancaster PA 17601
P U R C H A S E O R D E R
Number: 00187769 Date: 01/26/2007 For: (50500) R/I Plumbing
Lot/Block
To: 08012-snyder's Plumbing Ship To: t phl /096/0000 /
46 Tower Road T he Preserve at Hampden
2455 Bladestone Trail
Elizabethtown PA 17022 Enola PA 17025
REVERSE a2590v3O San Marino Elev. v-30
Will Call To verify ship Date. F.O.B.: ship
via:
Est Date Required: 03/22/2007 Payment .
Terms: invoice CO 000
superintendent: Bernard Brennan Group: 530
Resource/Use Description Unit Quantity Price Extension
Owhe80 80 Gal Elec Wtr Htr Ea 0.2500 500.000 125.00
( Rough-In 1.00 Ea )
125s 2.5 Ba - Base Plumbg LS 0.7500 6,525.000 4,893.75
system complete
per specifications
( Rough-in 1.00 LS )
lald Dbl Lav Compl ILO Ea 0.7500 275.000 206.25
Sgl Lavatory
Rough-in 1.00 Ea )
1br4260t44 Upg Bath - 4260 Rctg LS 0.7500 1,750.000 1,312.50
Soak Tub w/ Separate
4'x4' ShwrBaseonly
( Rough-In 1.00 LS )
x1f10 Add'l Lav Faucet - Ea 0.0000 234.000 0.00
upgrade - Per specs.
( Info 1.00 Ea )
xascc credit - Kitchen - Crdt 0.7500 49.500- 37.13-
sink Integral in
Countertop
( Rough-in 1.00 Crdt )
xgf10 Pwdr Bath Faucet - LS 0.0000 240.000 0.00
Finish w/Toilet Trim
per Spec
( Info 1.00 LS }
xjf10 Mstr Bath Faucet - LS 0.0000 400.000 0.00
Finish w/Toilet Trim
per Spec
( Info 1.00 LS )
xx2co 2" conduit from Ea 1.0000 55.000 55.00
BSmt to Attic
( Rough-in 1.00 Ea )
zxfh Hardwood Flooring Info 1.0000 0.001 0.00
( Powder Room 1.00 Ingo )
V11LO! LVV ! VL : YV . JL t't7 vacua ?.va aavwv.. ..o .. -
charter Homes Building company
114 Foxshire Drive
Lancaster PA 17601
P U R C H A S E O R D E R - Continued from previous page
Number: 00187769 Date: 01/26/2007 For: (50500) R/I Plumbing
Lot/Block
To: 08012-snyder's Plumbing ship To: tPhl /096/0000 /
46 Tower Road The Preserve at Hampden
2455 Bladestone Trail
Elizabethtown PA 17022 Enola PA 17025
Resource/Use Description Unit Quantity Price Extension
zxft ceramic Tile Floorn info 2.0000 0.001 0.00
( Master Bath 1.00 Info
( Bath #2 1.00 Info )
zzkohler Kohler/sterling Info 1.0000 0.001 0.00
Fixtures & Faucets
Throughtout
------------------------------------------------------------------------------
I sub-Total 6,555.37
I sales Tax 0.00
I
I --------------
Total Amt 6,555.37
Authorized signature: vendor/sub-Contractor: Approved For Payment:
By:
By:
By:
Title:
Title:
Title:
Date: Date: Date:
01/26/2007 02:47:12 PM Charter Homes Page 3
Charter Homes Building company
114 Foxshire Drive
Lancaster PA 17601
P U R C H A S E O R D E R
Number: 00187810 Date: 01/26/2007 For: (72575) Finish Plumbing
Lot/Block
To: 08012-Snyder's Plumbing Ship To: tphl /096/0000 /
46 Tower Road The Preserve at Hampden
2455 Bladestone Trail
Elizabethtown PA 17022 Enola PA 17025
REVERSE a2590v3O San Marino Elev. V-30
will call To verify ship Date. F.O.B.: ship.via:
Est Date Required: 05/23/2007 Payment Terms: invoice CO 000
Superintendent: Bernard Brennan Group: 530
Resource/Use Description Unit Quantity Price Extension
Owhe80 80 Gal Elec wtr Htr Ea 0.7500 500.000 375.00
( Finish 1.00 Ea )
125s 2.5 Ba - Base Plumbg LS 0.2500 6,525.000 1,631.25
system complete
per Specifications
( Finish 1.00 LS )
lald Dbi Lav Compl ILO Ea 0.2500 275.000 68.75
Sgl Lavatory
( Finish 1.00 Ea )
lbr4260t44 upg Bath - 4260 Rctg LS 0.2500 1,750.000 437.50
Soak Tub w/ Separate
4'x4' ShwrBaseonly
( Finish 1.00 LS )
x1f10 Add'l Lav Faucet - Ea 1.0000 234.000 234.00
upgrade - Per specs.
( Finish 1.00 Ea )
xascc credit - Kitchen - Crdt 0.2500 49.500- 12.38-
sink Integral in
Countertop
( Finish 1.00 Crdt )
xgf10 Pwdr Bath Faucet - LS 1.0000 240.000 240.00
Finish w/Toilet Trim
per Spec
( Finish 1.00 LS )
xjf10 Mstr Bath Faucet - LS 1.0000 400.000 400.00
Finish w/Toilet Trim
per Spec
( Finish 1.00 LS )
xx2co 2" conduit from Ea 0.0000 55.000 0.00
Bsmt to Attic
( Finish 1.00 Ea )
zca Fixture color - info 1.0000 0.001 0.00
Kitchen sink
( Sink by othr 1.00 Info )
01/26/2007 02:47:26 PM charter nomes raga Ll
charter Homes Building company
114 Foxshire Drive
Lancaster PA 17601
P U R C H A S E O R D E R - Continued from previous page
Number: 00187810 Date: 01/26/2007 For: (72575) Finish Plumbing
Lot/Block
To: 08012-snyder's Plumbing Ship To: tphl /096/0000 /
46 Tower Road The Preserve at Hampden
2455 Bladestone Trail
Elizabethtown PA 17022 Enola PA 17025
Resource/Use Description Unit Quantity Price Extension
zxfh Hardwood Flooring Info 1.0000 0.001 0.00
( Powder Room 1.00 Into )
zxft ceramic Tile Floorn Info 2.0000 0.001 0.00
( Master Bath 1.00 Info }
( Bath #2 1.00 Info )
zzkohler Kohler/sterling Info 1.0000 0.001 0.00
Fixtures & Faucets
Throughtout
------------------------------------------------------------------------------
I sub-Total 3,374.12
1 sales Tax 0.00
--------------
Total Amt 3,374.12
Authorized signature: vendor/sub-Contractor:
Bv: BV:
Title:
Date:
Title:
Date:
Approved For Payment:
BY:
Title:
Date:
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ROXANNE C. GARNER, ESQUIRE
ATTORNEY I.D. # 87406
RUSSELL, KRAFFT & GRUBER, LLP
930 RED ROSE COURT, SUITE 300
LANCASTER, PA 17601
TELEPHONE: (717) 293-9293
FACSIMILE: (717) 293-5130 ATTORNEYS FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC.
Plaintiffs No. D7- M LD
vs.
MECHANIC'S LIEN
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE, INC.
Defendants
NOTICE OF CLAIM
To: CHARTER HOMES BUILDING, CO.
114 Foxshire Drive
Lancaster, PA 17601
Please be advised that on b4nher (5*, 2007, there was filed in the Court of Common
Pleas of Cumberland County, Pennsylvania, to Docket No. YJ --, a Mechanic's Lien Claim, a
true and correct copy of which is attached hereto.
RUSSELL, KRAFFT & GRUBER, LLP
y: -
Rox er
A ey I.D. # 87406
Attorneys for Plaintiff
930 Red Rose Court, Suite 300
Lancaster, PA 17601
Telephone: (717) 293-9293
Facsimile: (717) 293-5130
ROXANNE C. GARNER, ESQUIRE
ATTORNEY I.D. # 87406
RUSSELL, KRAFFT & GRUBER, LLP
930 RED ROSE COURT, SUITE 300
LANCASTER, PA 17601
TELEPHONE: (717) 293-9293
FACSIMILE: (717) 293-5130 ATTORNEYS FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC. :
Plaintiffs No.
VS. MECHANIC'S LIEN
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE, INC.
Defendants
NOTICE OF CLAIM
To: CHARTER HOMES AT THE PRESERVE, INC.
114 Foxshire Drive
Lancaster, PA 17601
Please be advised that on hp`bher 154 , 2007, there was filed in the Court of Common
Pleas of Cumberland County, Pennsylvania, to Docket No. Uj- , a Mechanic's Lien
Claim, a true and correct copy of which is attached hereto.
RUSSELL, KRAFFT & GRUBER, LLP
Y.
Roxanne er
AttornD. # 87406
Attorneys for Plaintiff
930 Red Rose Court, Suite 300
Lancaster, PA 17601
Telephone: (717) 293-9293
Facsimile: (717) 293-5130
ROXANNE C. GARNER, ESQUIRE
ATTORNEY I.D. # 87406
RUSSELL, KRAFFT & GRUBER, LLP
930 RED ROSE COURT, SUITE 300
LANCASTER, PA 17601
TELEPHONE: (717) 293-9293
FACSIMILE: (717) 293-5130 ATTORNEYS FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC.
Plaintiffs
No. a 7 - 571 10 M LD
vs.
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE, INC
Defendants
MECHANIC'S LIEN
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel on behalf of Plaintiffs, THOS. SOMERVILLE
CO. and SNYDER'S PLUMBING, INC. in the above matter.
Dated: -1 '2007
RUSSELL, KRAFFT & GRUBER, LLP
1
Y:
Roxann r
Atto y I.D. # 87406
Attorneys for Plaintiff
Hempfield Center, Suite 300
930 Red Rose Court
Lancaster, PA 17601
(717) 293-9293
152124.1
° U
? n
-'C7
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-05716 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THOS SOMERVILLE CO ET AL
VS
CHARTER HOMES BUILDING CO ET A
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named OWNER , to wit:
/ TTTT M" TT/\A/fT 0 T)TTTT T1TTTry e'rN
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of LANCASTER
serve the within MECHANICS LIEN CLAIM
County, Pennsylvania, to
On October 26th , 2007 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs: So answers-
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Lancaster Co 84.90 Sheriff of Cumberland County
Postage 2.33
? '7"1 I // fj t ?8 J
124.23
10/26/2007
RUSSELL KRAFFT GRUBER
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-05716 P
COMMONWEALTH OF PENNSYLVANIA:
' COUNTY OF CUMBERLAND
THOS SOMERVILLE CO ET AL
VS
CHARTER HOMES BUILDING CO ET A
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named OWNER to wit:
CHARTER HOMES AT THE PRESERVE INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of LANCASTER
serve the within MECHANICS LIEN CLAIM
County, Pennsylvania, to
On October 26th , 2007 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs: So answers-
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 ? l? fDr/d 7
10/26/2007
RUSSELL KRAFFT GRUBER
Sworn and subscribe to before me
this day of ,
A. D.
1 6V 2
SHERIFF'S OFFICE
50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200
SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY.
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES.
1 PLAINTIFF/S/ 2 COURT NUMBER
Thos Somerville Co et al 07-5716 civil
3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT r- x
Charter Homes Building Co et al :3
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC.. TO BE SERVED
Charter Hanes Building Co
6. ADDRESS (Street or RFD. Apartment No., City, Boro. Twp., State and ZIP Code)
AT 114 Foxshire Drive Lancaster PA 17601
7 INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER Qmibe-l and
Now, %-A- LULAZU_ Z) 20 I, SHERIFF OF t COUNTY, PA., do hereby de tine the Sheriff of
T,anraGt-ar County to execute this Writ an n thereof ac
to law. This deputation being made at the request and risk of the plaintiff.
SNERIrr Or COUNT
•. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland
V?
Please mail return of service to Ctunberland County Sheriff. Thank You.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof
9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE
ROXANNE C GARNER. ESO- 717-293-9293 10/1/07
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) am-
RUSSELL, JSRAFFT, & GRUBER
930 RED ROSE CT. SUITE 300
LANCASTER, PA. 17601
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt of the writ I NAME of Authorized LCSO Deputy or Clerk 14. Date R cei[1 d 15 Expiration/Hearing date
or complaint as indicated above.I JACKIE MICCICHE 71-7-390-2309 _?D?Q 10/31/07
16. 1 hereby CERTIFY and RETURN that I ? have personally served, CKave legal evidence of service as shown in "Remarks", ? have executed as shown in
"Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor-
poration, etc.. at the address inserted below by handing a TRUE and ATTESTED COPY thereof.
17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
18. Name and title of individual served (if nno
t
shown
ve) (Relationship to Defendant)
aboo
19. ? No Service
NN PM C ..10 5 ?
.
-
' 1
/ I?r? ( 14N ? f 60-j ? See Remarks Below (No. 30)
20 Address of where served (complete only if different than shown above) (Street or RFD, Apartment No , City, Boro, Twp 21 Date of Service 22 Time
State and Zip Code)
ro-23 -0 1 T.3a
23. ATTEMPTS e
8 Mils De . Ii. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int.
1 1
72
3 KA
24. Advance Costs 25. Service Costs 26. Notary Cert. 27 Mi e/ age/N.F. 28 To I C
t
011
29 Cos DuE R ?F`{ND
R 133,711 150.00 81.50
ou. ncmnnna. I -
Commcn,vr;:sl;.`t of Pennsylvania
S.T.A., _ •
NOTARIAL SEAL
PAT FICIA A. DEIHL, Notary Public
? L ; Ic: ° f City, Lancaster County
PI F t r3nminla-io+n Fx;+irm July 13, 2009
31. AFFIRMED a ubsc ibed to before me this
32. Signature of
34. day 2 DeP Sherill`
i u by
37. y
Prothonotary b/NolaryRybhc 9
UV CnUMISSInN FXPIRFS •dr l ? •••t/, 7
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1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office
'bd '01l 'OHd3
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0 :!! WV 6-1.00 LOOZ
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,2 OF2 SHERIFF 'S OFFICE
50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1 PLAINTIFF/S/
Thos Somerville Co et al
3 DEFENDANT/
3
H
Cn
n
n
PLEASE TYPE UK 1-Poll V I LculOLT.
DO NOT DETACH ANY COPIES. y
2 COURT NUMBER
07-5716 civil
4 TYPE OF WRIT OR COMPLAINT a:
Charter Homes Building Co et al Notice & Mechanics' Lien Claim 3
SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC.. TO BE SERVED
Charter Homes at the Preserve Inc
6 ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code)
AT 114 Foxshire Drive Lancaster, PA 17601
7. INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER
Now, October 5 20 07 I, SHERIFF OF COUNTY, PA., d0 he b putize the Sh I f
Lancaster County to execute this Wr' r eo
to law. This deputation being made at the request and risk of the plaintiff. sHFR,FF of JANSMOeh C01 T,
•. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland
En
Please mail return of service to Cumberland. County Sheriff. Thank you.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 1 1. DATE
ram„ 717-293-9293 10/1/07 _
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
RUSSELL, KRAFFT, & GRUBER
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk r 4. Date Received 15. Expiration/Hearing date
or complaint as indicated above. I 21,7-390-2309 10/2Z07 10/31/07
16. 1 hereby CERTIFY and RETURN that I ? have personally served, ave legal evidence of service as shown in "Remarks", O have executed as shown in
"Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor-
poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof.
17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19 ONoService
"r :. . ? .r?L ll -?-., .. r. a - C ?,n )-r- '-n? d I r17 1 1 (? C, 111 PO T- See Remarks Below (No. 30)
_j C- rj
20 Address of where served (complete only if different than shown above) (Street orRFD, Apartment No , City, Boro. Twp
21 Date of Service
22 Time
State and Zip Code)
?
113 _d3-01 3:3-o
23. ATTEMPTS p to Mile Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int
.
A 1 j M"4.i,4
24. Advance Costs 25. Service costs 26. Notary Cert. /Postage/N.F.
27 28 Total Costs 29. COST DUE OR REFUND
Commonwea h of r
30. REMARKS:
NOTARIAL SEAL
PATRICIA A. DEIHL. Notary Public
S.T.A.: Lancuter City, l.SnlAger County
My Commis Sicn lyxiie? JUty t3, 2?7pg
31. AFFIRMED an subs it
V
34. day
37.
r-o
MY COMMISSION EXPIRES
to before me this Z62T, y C-
Doi) ihen fre of
20
^ 35 re f Shsi
ti
SHE!
o ary/ puts/N ary PuEU?
1. WHITE - Issuing Authority 2. PINK - Attomey 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office
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r ..6
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOS. SOMERVILLE CO. and NO. 07-5716 MLD
SNYDER'S PLUMBING, INC.
MECHANIC'S LIEN
Plaintiffs,
vs.
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE, :
INC.
Defendants.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel on behalf of Defendants, CHARTER HOMES
BUILDING CO., and CHARTER HOMES AT THE PRESERVE, INC. in the above matter.
McNEES WALLACE & NURICK LLC
By
"Susan V. Metcalfe
I.D. No. 85703
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorney for Defendants
Dated: January Z'' , 2008
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
document was served via first-class mail, postage prepaid, upon the following:
Roxanne C. Garner, Esquire
Russell, Krafft & Gruber, LLP
Hempfield Center, Suite 300
930 Red Rose Court
Lancaster, PA 17601
UdAi'l- V114
Su V. Metcalfe
Counsel for Defendants
Dated: January of 2008
;
Cr
(7`
C;
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER' S PLUMBING, INC.,
Plaintiffs
VS. No. 07-5716 MLD
CHARTER HOMES BUILDING CO. and MECHANIC'S LIEN
CHARTER HOMES AT THE PRESERVE,
INC.,
Defendants
PETITION TO WITHDRAW AS LEGAL COUNSEL
1. Petitioners are Aaron K. Zeamer, Esquire, and Russell, Krafft & Gruber, LLP.
2. Respondent is Dave Snyder, owner of Snyder's Plumbing, Inc., one of the
Plaintiffs in the above-captioned action.
3. Petitioners have represented Dave Snyder, owner of Snyder's Plumbing, Inc.
in this proceeding since July 2007.
4. Petitioners have recently attempted to contact Respondent, but he has failed to
return Petitioners' telephone messages and has failed to respond to Petitioners' correspondence dated
December 31, 2008, a copy of which is attached hereto, made a part hereof, and marked Exhibit "A".
5. Petitioners are unable to continue representing Respondent due to
Respondent's lack of communication with Petitioners.
6. In addition, Respondent currently has a large outstanding balance for services
rendered, and has ceased making payments on said outstanding balance.
No. 07-5716 MLD
7. There are no pending hearings or conferences and, therefore, Respondent
would not be prejudiced by the court granting Petitioners' request to withdraw.
WHEREFORE, your Petitioners respectfully request that the Court enter an Order
granting leave for counsel to withdraw their appearance on behalf of Dave Snyder, owner of Dave
Snyder's Plumbing, Inc.
RUSSELL, KRAFFT & GRUBER, LLP
B
K.
84
Attorney,M # 2rs,
Hemp field Ce , i
te 300
930 Re ose Court
Lancaster, PA 17601
(717) 293-9293
No. 07-5716 MLD
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. 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: January 21, 2009
VZY '30% PC*
well
?Krafi,
&GruberLL.
I lemplield Center. Suite 3)00
930 Red ROSC Court
Lancaster. Pcrt o.Ivania 17001
I a\ 1717) _,i
%k.rkglawcom
Ilk: u i ( luii L 0111
December ;1, 2008
Mr. Dave Snyder
Snyder's Plumbing
46 Tower Drive
Elizabethtown, PA 1702Y2
RE: Litigation vs. Charter Homes
Dear Mr. Snvder:
c'rai V. Russell
Gary G. Krafft
ton Pvt. Gruber
Cltri?tin;, I. Il;u,tiner
Ilolh S. I-ilius
Julie 11. Miller
Ma tthev, A. Gros)
:Aaron K. Learner
Of Counsel
Ddc iLI F 6rCLT
Thomas L. Goodman
This letter will serve as formal notice that Russell, Krafft. K Gruber. LLP is withdrawing
our representation on your behalf in the matters mentioned below. We are withdrawing our
appearance on your behalf due to an absence of communication. as I have not received a
response to my November 10. 200,; email reyuestin_ a meetinl? Mth %ou to estahlish a formal
attornev client relationship. and because of the outstandino balance \ou have with our firm. We
will be petitioning the court to grant us leave to withdraw on your behalf and you will receive
notice of those petitions.
The following will reflect the status of each matter you are involved in with our firm both
individually and jointly with Thos. Somerville Co.:
1. Snyder's Plumbing, Inc. vs. Charter Homes and Neighborhoods, t/d/b/a
Charter Homes Building Company, Docket No. CI-08-00604. A Complaint has been tiled on
gout- behalf to which the Defendants have answered and raised defenses to your claim. A Reply
was then filed on your behalf to the Detendants' Answer. Pleadings are now closed in this
matter and the matter is to proceed to discovery.
2. The other claim which you have individually as Snyder's Plumbing against
Charter Homes, which is evidenced by a substantial number of invoices totaling nearly
$88,000.00, has not yet been filed. Therefore, you should be aware that there may be an
applicable statute of limitations which may prevent your claim in the future if you do not act to
commence litigation prior to the expiration of' that time period. Please govern yourself
accordingly.
Ephrata Office: IOs WL"I Main Strrrt. i717t 7„-O5()U Fas 171-7 7,S t?5f?
Willow Street Office: 2421 Wlllki?? Street hkr. %l Ilk- Start, Prnn??l?:utia 171S4 I?17) 404-"23
Mr. Dave Snyder
December i 1. 2008
Page
>. Thos. Somerville Co. and Snyder's Plumbing, Inc. vs. Charter Homes
Building Company and Charter Homes at Versant, Inc. (Versant at Pinehurst Lot #19,
Docket No. 07-5747 MLD). For this matter, a mechanic's lien has been perfected on behalf ol'
both you and Thos. Somerville Co.; however, no action has been commenced as of the date of
this letter to move forward on the mechanic's lien. Be advised that you have two (2) years from
the date of the filing of' the mechanics lien, November 15. 2007. to file an action to obtain
jud,,ment on a nlechanic's lien.
4. Thos. Somerville Co. and Snyder's Plumbing, Inc. vs. Charter Homes
Building Company and Charter Homes at The Preserve, Inc. (The Preserve at Hampden
Lot #96, Docket No. 07-5716 MLD). For this matter, again a mechanic's lien was filed and
perfected on behalf of both you and Thos. Somerville Co. on November 15, 2007. No action has
since been taken to obtain a judgment on this mechanic's lien. Again, be advised that you have
two (2) years from the date of the mechanics lien to file the appropriate pleadings to obtain a
iudg,ment on such a lien.
Thos. Somerville Co. and Snvder's Plumbing, Inc. vs. Charter Homes
Building Company and Charter Homes at Versant, Inc. (Versant at Pinehurst Lot 420,
Docket No. 07-5718 MLD). For this matter. a mechanics lien has been tiled and perfected on
behalf of both you and Thos. Somerville Co. The mechanic's lien was filed on November 15.
2007. No further action has been taken to obtain a judgment on that lien. Again. be advised that
you have two (2) years from the date of the tiling of the mechanic's lien in which you may
obtain a judgment on that lien.
6. In the remaining files relating to The Preserve at Hampden Lot #99, The
Preserve at Hampden Lot #97, The Preserve at Hampden Lot #38, Dartmouth Green Lot
#40, and the Lakes Lot #178. no liens have been filed on these matters due either to our receipt
of these matters following the expiration of the time in which a mechanic's lien could be tiled. or
due to the property being sold by Charter Homes prior to us being able to file a mechanic's lien.
Please be advised that you may still have other civil remedies against Charter flonles In these
matters, however. a mechanics lien will no longer be an option.
13e advised that we are \\ ithdraw"1112 our representation on behalf, of' Dave Sn\ der and
SIINCIC Cs PlLill tbinl: howeycr, \\e will relllain ruunsel of record for the?s. SulncrAille CO. and
may still pursue collcctiotl on their behalf. Your outstanding balance with our firm totals
Mr. Dave Snyder
December 31, 2008
Page 3
$ 3,638.5.3 and is evidenced by the enclosed invoices. Please remit this amount to our office
immediately. This amount reflects only the work done by this firm on your individual matters,
you were not billed for any work or costs incurred on the matters in conjunction with Thos.
Somerville Co. This amount is currently past due. Be advised that we will pursue the collection
01, this amount if}'ou fail or refuse to pa\.
Verv truly yours,
Aaron K. Zeamer
AKZ:kss
I -- Iv, I
l'l i111?CN
&GrLiberLLP
Hempfield Center, Suite 300
930 Red Rose Court
Lancaster, Penns h'ania 176()1
(717) 291-9293
Fax (717) 293-5130
1l'wwrkgIim corn
DAVE SNYDER
SNYDER'S PLUMBING
46 TOWER DRIVE
ELIZABETHTOWN, PA 17022
Client No. 012772
Matter No. 2:
SNYDER, DAVE
COLLECTIONS - CHARTER HOMES 11
December 30, 2008
Invoice #6310
Invoice prepared by:
Aaron K. Zeamer
CURRENT BILLING SUNTINIARY
Fees for Professional Services Through December 30, 2008:
Expense Advances Through December 30, 2008: 0.00
0.00
Total of Current Statement:
$ 0.00
Previous Balance:
217.79
TOTAL BALANCE DUE:
Finance Charges (1.5% per month):
Total Outstanding with Finance Charges: 6.40
224.19
TOTAL AMOUNT DUE WITH FINANCE CHARGES: PAST DUE
TOTAL BALANCE DUE WITHIN 10 DAYS OF DATE OF INVOICE
ell
Kiuffi
&Grubenl.,
I lernpf ield Center, Suite 300
930 Red Rose Court
Lancaster, Pennsylvania 17601
1717) 293-9293
Fax (717) 293-5) 30
w•ww. rkglawcom
DAVE SNYDER
SNYDER'S PLUMBING
46 TOWER DRIVE
ELIZABETHTOWN, PA 17022
Client No. 012772:
Matter No. 1:
SNYDER, DAVE
COLLECTIONS - CHARTER HOMES
December 30, 2008
Invoice #6309
Invoice prepared by:
Aaron K. Zeamer
CURRENT BILLING SUMMARY
Fees for Professional Services Through December 30, 2008:
Expense Advances Through December 30, 2008: 0.00
0.00
Total of Current Statement: $0.00
Previous Balance:
3,319.99
TOTAL BALANCE DUE:
Finance Charges (1.5% per month):
Total Outstanding with Finance Charges: 94.35
3,414.34
TOTAL AMOUNT DUE WITH FINANCE CHARGES: PAST D U E e
TOTAL BALANCE DUE WITHIN 10 DAYS OF DATE OF INVOICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER' S PLUMBING, INC.,
Plaintiffs
vs. No. 07-5716 MLD
CHARTER HOMES BUILDING CO. and MECHANIC'S LIEN
CHARTER HOMES AT THE PRESERVE
INC.,
Defendants
VERIFICATION OF SERVICE
I verify that I caused service of a true and correct copy of a Petition to Withdraw as
Legal Counsel at least two (2) business days prior to presentation on the following persons and in the
manner indicated below.
Service by First Class Mail Addressed as Follows:
Mr. Dave Snyder
Snyder's Plumbing, Inc.
46 Tower Drive
Elizabethtown, PA 17022
Ms. Beth Crowley
Regional Credit Manager
Thos Somerville, Inc.
16155 Trade Zone Avenue
Upper Marlboro, MD 20774
Susan V. Metcalfe, Esquire
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
RUSSEL KRAFFT & GRUBER, LLP
Dated: January 21, 2009
178357.1
Aaron er
205784
Atto ey 71
He pfieler, Suite 300
930 Red Rose Court
Lancaster, PA 17601
(717) 293-9293
,o
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER' S PLUMBING, INC., :
Plaintiffs
vs. No. 07-5716 MLD
CHARTER HOMES BUILDING CO. and MECHANIC'S LIEN
CHARTER HOMES AT THE PRESERVE,
INC.,
Defendants
AMENDED PETITION TO WITHDRAW AS LEGAL COUNSEL
1. Petitioners are Aaron K. Zeamer, Esquire, and Russell, Krafft & Gruber, LLP.
2. Respondent is Dave Snyder, owner of Snyder's Plumbing, Inc., one of the
Plaintiffs in the above-captioned action.
3. Petitioners have represented Dave Snyder, owner of Snyder's Plumbing, Inc.
in this proceeding since July 2007.
4. Petitioners have recently attempted to contact Respondent, but he has failed to
return Petitioners' telephone messages and has failed to respond to Petitioners' correspondence dated
December 31, 2008, a copy of which is attached hereto, made a part hereof, and marked Exhibit "A".
5. Petitioners are unable to continue representing Respondent due to
Respondent's lack of communication with Petitioners.
6. In addition, Respondent currently has a large outstanding balance for services
rendered, and has ceased making payments on said outstanding balance.
179258.1
No. 07-5716 MLD
7. No judge has ruled upon any issue in this matter, or any related matter.
8. A true and correct copy of the Petition to Withdraw as Legal Counsel was
forwarded to opposing counsel of record, Susan V. Metcalfe, Esquire, at McNees, Wallace &
Nurick, LLC, on January 21, 2009. Upon receipt of the Petition, Charles T. Young, Esquire, also
from McNees, Wallace & Nurick, LLC, left a voicemail message for Petitioner stating Defendant
has no objection to Petitioner withdrawing as counsel for Respondent.
9. There are no pending hearings or conferences and, therefore, Respondent
would not be prejudiced by the court granting Petitioners' request to withdraw.
WHEREFORE, your Petitioners respectfully request that the Court enter an Order
granting leave for counsel to withdraw their appearance on behalf of Dave Snyder, owner of Dave
Snyder's Plumbing, Inc.
RUSSELL, WFFT & GRUB?, LLP
Attorney I.D.
nempriet cent ,Suite 300
930 R Court
Lancaster, PA 17601
(717) 293-9293
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER' S PLUMBING, INC., :
Plaintiffs
vs. No. 07-5716 MLD
CHARTER HOMES BUILDING CO. and MECHANIC'S LIEN
CHARTER HOMES AT THE PRESERVE
INC.,
Defendants
CERTIFICATION OF SERVICE
I hereby certify that on the 2nd day of February, 2009, I caused service upon the persons and
in the manner indicated below, a true and correct copy of an Amended Petition to Withdraw as Legal
Counsel.
Service by First Class Mail Addressed as Follows:
Mr. Dave Snyder
Snyder's Plumbing, Inc.
46 Tower Drive
Elizabethtown, PA 17022
Ms. Beth Crowley
Regional Credit Manager
Thos Somerville, Inc.
16155 Trade Zone Avenue
Upper Marlboro, MD 20774
Susan V. Metcalfe, Esquire
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Aaron K. Zeam
Attorney I. . 2 784
Hempfiel Cent , Suite 300
LLP
930 Red Rbse'tourt
Lancaster, PA 17601
(717) 293-9293
Alt
T
THOS. SOMERVILLE CO.
and SNYDER' S PLUMBING,
INC.,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
CHARTER HOMES BUILDING :
CO. and CHARTER HOMES AT :
THE PRESERVE, INC.,
Defendants NO. 07-5716 MLD
ORDER OF COURT
AND NOW, this 9th day of February, 2009, upon consideration of the Petition To
Withdraw as Legal Counsel and the Amended Petition To Withdraw as Legal Counsel, a
Rule is hereby issued upon all parties to show cause why the relief requested should not
be granted.
RULE RETURNABLE within 20 days of the date of this order.
SERVICE OF THIS RULE is to be made upon all parties by counsel for Snyder's
Plumbing, Inc.
aron K. Zeamer, Esq.
930 Red rose Court
Lancaster, PA 17601
Atto y for Defendant
yder's Plumbing, Inc.
J
•rc \\ \\
??h CCOuJ\
C a? ?C £ s
BY THE COURT,
p j I Vi?R i 41
Z '6 WV 0 f g3j 6Q#Z
-,)!:H -aM,f3
THOS. SOMERVILLE CO. and
SNYDER' S PLUMBING, INC.
Plaintiffs
V.
CHARTER HOMES BUILDING CO.,
And CHARTER HOMES AT THE
PRESERVE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:CIVIL ACTION-LAW
: NO. 07-5716 MLD
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Kindly enter my appearance, Brian K. Zellner of Hynum Law on behalf of the Plaintiff,
Snyder's Plumbing Inc. in regard to the above-captioned matter.
Date: February 20, 2009
Brian K. Zellner, Esquire
Supreme Court ID #59262
2608 North 3`d Street
Harrisburg, PA 17110
(717) 774-1357
Attorney for Plaintiff
G'.9
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AARON K. ZEAMER, ESQUIRE
ATTORNEY I.D. # 205784
RUSSELL, KRAFFT & GRUBER, LLP
930 RED ROSE COURT, SUITE 300
LANCASTER, PA 17601
(717) 293-9293
FAX: (717) 293-5130
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. AND
SNYDER' S PLUMBING, INC.,
Plaintiffs
VS. No. 07-5716 MLD
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE,
INC.
Defendants
MOTION TO MAKE RULE ABSOLUTE
1. On January 23, 2009, Petitioner, Aaron K. Zeamer, Esquire, of Russell, Krafft &
Gruber, LLP, filed a Petition To Withdraw as Legal Counsel, and on February 3, 2009, filed an
Amended Petition To Withdraw as Legal Counsel in the above-captioned action.
2. The Honorable J. Wesley Oler, Jr. entered an Order dated February 9, 2009, issuing a
Rule Returnable in writing within twenty (20) days of the date of the said Order, to show cause why
Petitioner should not be granted leave to withdraw his appearance. A copy of said Order is attached
hereto, made a part hereof, and marked Exhibit "A".
3. Attached as Exhibit "B" is a Certificate of Service dated February 11, 2009 verifying
Respondent, Snyder's Plumbing, Inc., Defendant's counsel, Susan Metcalfe, Esquire, and Plaintiff,
Thos. Somerville Co. were served by first class mail with a true and correct copy of the Court's
February 9, 2009 Order issuing a Rule Returnable.
181038.1
No. 07-5716 MLD
4. Said service via first class mail to Snyder's Plumbing, Inc., and to Plaintiff, Thos.
Somerville Co., was not returned and, therefore, by rule of law, is presumed received by Snyder's
Plumbing, Inc. and Thos. Somerville Co.
5. Upon receipt of the Court's February 9, 2009 Order issuing a Rule Returnable,
Defendant's counsel confirmed via telephone she has no objection to Petitioner withdrawing as
counsel for Respondent.
6. No response to the February 9, 2009 Order issuing a Rule Returnable and Amended
Petition to Withdraw as Legal Counsel has been filed by Respondent.
7. Respondent, Snyder's Plumbing, Inc., Plaintiff, Thos. Somerville Co., and
Defendant's counsel were served a true and correct copy of this Motion to Make Rule Absolute as set
forth in the Certificate of Service attached hereto.
WHEREFORE, your Petitioner respectfully requests that the Court enter an Order granting
leave for counsel to withdraw their appearance on behalf of the Plaintiff, Snyder's Plumbing, Inc.
Respectfully submitted,
RUSSELL, KRAFFT & GRUBER, LLP
Aaron K. Zeame
Attorney I. 205
300
930 Rem Court
Lancaster, PA 17601
(717) 293-9293
2
THOS. SOMERVILLE CO.
and SNYDER'S PLUMBING,
INC.,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARTER HOMES BUILDING:
CO. and CHARTER HOMES AT :
THE PRESERVE, INC.,
Defendants NO. 07-5716 MLD
ORDER OF COURT
AND NOW, this 9th day of February, 2009, upon consideration of the Petition To
Withdraw as Legal Counsel and the Amended Petition To Withdraw as Legal Counsel, a
Rule is hereby issued upon all parties to show cause why the relief requested should not
be granted.
RULE RETURNABLE within 20 days of the date of this order.
SERVICE OF THIS RULE is to be made upon all parties by counsel for Snyder's
Plumbing, Inc.
A n K. Zeamer, Esq.
0 Red rose Court
Lancaster, PA 17601
Attorney for Defendant
Snyder's Plumbing, Inc.
:rc
F.%tIIBIT "A"
BY THE COURT,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. AND
SNYDER' S PLUMBING, INC.,
Plaintiffs
vs.
No. 07-5716 MLD
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE,
INC.
Defendants
CERTIFICATION OF SERVICE
I hereby certify that on the 11 th day of February, 2009, I caused service upon the persons and
in the manner indicated below, of an Order issuing a Rule Returnable signed by the Honorable J.
Wesley Oler, Jr. on February 9, 2009, in the above-captioned action.
Service by First Class Mail Postage Prepaid, Addressed as Follows:
Snyder's Plumbing, Inc.
Mr. Dave Snyder
46 Tower Drive
Elizabethtown, PA 17022
Susan Metcalfe, Esquire
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-116
Beth Crowley, Regional Credit Manager
Thos. Somerville, Inc.
16155 Trade Zone Avenue
Upper Marlboro, MD 20774
RUS
By,
EXHIBIT "B"
LLP
Aaron K. Ze
Attorney #20
Hempf ld r, Suite 300
930 Red Rose Court
Lancaster, PA 17601
(717) 293-9293
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. AND
SNYDER' S PLUMBING, INC.,
Plaintiffs
VS.
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE,
INC.
Defendants
No. 07-5716 MLD
CERTIFICATION OF SERVICE
I hereby certify that on this 6th day of March, 2009, I caused service upon the following
persons and in the manner indicated below, of a true and correct copy of a Motion to Make Rule
Absolute.
Service by First Class Mail Addressed as Follows:
Snyder's Plumbing, Inc.
Mr. Dave Snyder
46 Tower Drive
Elizabethtown, PA 17022
Beth Crowley, Regional Credit Manager
Thos. Somerville, Inc.
16155 Trade Zone Avenue
Upper Marlboro, MD 20774
Susan Metcalfe, Esquire
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-116
G
By;
Attorne .D. #2W84
Hem iel ter, Suite 300
930 Red Rose Court
Lancaster, PA 17601
(717) 293-9293
LLP
r • ,
MAR 2 4 2009 ??
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. AND
SNYDER' S PLUMBING, INC.,
Plaintiffs
VS.
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE,
INC.
Defendants
No. 07-5716 MLD
ORDER
AND NOW, this 2-1, [L day of ? , 2009, upon consideration of the attached
Motion, no response having been made by Snyder's Plumbing, Inc., this Court's February 9, 2009
Rule is made absolute, and Petitioner, Aaron K. Zeamer, Esquire, and Russell, Krafft & Gruber,
LLP, are granted leave to withdraw their appearance as counsel for Snyder's Plumbing, Inc.
Service of this Order is to be made upon all parties by Aaron K. Zeamer, Esquire of Russell,
Krafft & Gruber, LLP.
cc: 'z Aaron K. Zeamer, Esquire
Russell, Krafft & Gruber, LLP
930 Red Rose Court
Suite 300
Lancaster, PA 17601
BY THE COURT:
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THOS. SOMERVILLE CO. and : IN THE COURT OF COMMON PLEAS
SNYDER'S PLUMBING, INC. : OF CUMBERLAND COUNTY,
Plaintiffs : PENNSYLVANIA
v. :CIVIL ACTION-LAW
CHARTER HOMES BUILDING CO., •
And CHARTER HOMES AT THE :NO. 07-5716 MLD
PRESERVE, INC.
Defendants • r+� C'") r-
= —t)
7.1 CD
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PRAECIPE TO DISMISS AND DISCONTINUE -a -
TO THE PROTHONOTARY: `� --" .
Kindly dismiss and discontinue the action for Plaintiffs, Thos. Somerville Co. and
Snyder's Plumbing, Inc., with prejudice.
Date: M \ `l ,a00
sr on K. Zeamer
Supreme Court ID 205784
Hempfield Cen r, Suite 300
930 Red Rose ourt
Lancaster, PA
(717) 293-9293 •
Attorney for Plaintiff Thos Somerville
Date: Si
j'? J i�
Brian K. Zellner, Esquire
Supreme Court ID #59262
2608 North 3`d Street
Harrisburg, PA 17110
(717) 774-1357
Attorney for Plaintiff Snyder's Plumbing Inc.
Vfr C11140)41(1