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HomeMy WebLinkAbout07-5718ROXANNE 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. Q17 -57 I $ M LD vs. MECHANIC'S LIEN CHARTER HOMES BUILDING CO., and CHARTER HOMES AT VERSANT, 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 Unit 20 of the Versant at Pinehurst, a condominium, more specifically known as 55011 Amelia's Path West, Hampden Township, Mechanicsburg, County of Cumberland, Pennsylvania. A copy of the deed is attached hereto as Exhibit "A." 6. The owner of the property subject of the lien is Charter Homes at Versant, Inc., a Pennsylvania Corporation maintaining its address at 114 Foxshire Drive, Lancaster, PA 17601 (hereinafter referred to as "Owner") 7. The date on which Snyder completed the work for which the Claim is made was no earlier than May 4, 2007. 8. 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." 9. Pursuant to the Purchase Orders dated May 16, 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." 10. The aforementioned work was invoiced and mailed to Defendant, Charter Homes Building Co., detailing the work performed and amounts claimed in the total amount of Nine Thousand Five Hundred Seventy-Five and 49/100 Dollars ($9,575.49). 11. Defendants have not made any payments towards the aforementioned invoice, leaving a balance due and owing of Nine Thousand Five Hundred Seventy-Five and 49/100 Dollars ($9,575.49). 12. From May 4, 2007, through May 31, 2007, Somerville sold materials to Snyder for a total amount of $1,484.69 for work done at Unit 12 of the Versant at Pinehurst, a Condominium. A copy of the invoices for materials sold are attached hereto as Exhibit "D." 13. Without payment from Defendants, Snyder is unable to pay his material supplier, Somerville. 14. The amount claimed due and owing is Nine Thousand Five Hundred Seventy-Five and 49/100 Dollars ($9,575.49), plus interest accruing at the rate of one and one-half percent (1'/2%) per month since May 4, 2007. RUSSELL, KRAFFT & GRUBER, LLP Roxanne am Attorney I # 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 PLAINTIFF 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 unworn falsification to authorities. THOS. SOMERVILLE CO. Date: W By: ' ' t i Beth Crowley, Regio 1 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 PLAINTIFF 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 No. CI-07- MECHANIC'S LIEN 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. `? Date: 'Z1jv?- zSNYDER'S S PLUM , INC. David Snyder, President 152078.1 ex?lc+ A SEP-06-2007 01:52PM FPCM-TPICCUNTY ABSTRACT 17177613630 T-127 P 020/023 F-947 1 ?P?J ROBERT P. ZIEGLER RECORDER OF DE:" 01J!?CFCL?'ta Cr 2009 NOU 18 A0111 23 DEED THIS DEED, Made this 29#4 day of <94 -/-- , 2004 BETWEEN Pinehurst Hills, L.P., a Pennsylvania Limited Partnership, party of the first pant, hereinafter referred to as the Grantor; AND Charter Homes at Versant, Inc., a Pennsylvania corporation, party of the second part, hereinafter referred to as the Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, hereby grants and conveys unto the said Grantee, its successors and assigns, ALL that certain parcel of real property, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, being: Unit Numbers 19, 20, 25, 26, 27, and 28 of Versant at Pinehurst, a Condominium as established by the filing of Declaration of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 689, Page 940 with Plat recorded in flight of Way Book 13, Page 14 and First Amendment to Declaration of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 699, Page 4852 with Plat recorded in Right of Way Book 13, Page 46. and Second Amendment to Declaration of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 701, Page 2753 with Plat recorded in Right of Way Book 13, Page 47. and Third Amendment to Declaration of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 705, Page 2465 with Plat recorded in Right of Way Book 13, Page 52. and Fourth Amendment to Declaration of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 705, Page 4717. and Fifth Amendment to Declaration of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 705, Page 4866 with Plat recorded in Right of Way Book 13, Page 55. and Sirth Amendment to Declaration of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book , Page _ with Plat recorded in Right of Way Book Page BOOK 266 PACE1462 T-127 P 021/023 F-947 Account Number: THE SAID GRANTOR does hereby warrant specially the property hereby conveyed against any person claiming by, from, or under it, the said Grantor, them or any of them. SUBJECT to all easements, rights of way, covenants, agreements and restrictions of record. BEING part of the same premises which Albert A. Watts, Jr., single person, by Deed dated June 27, 2000 and recorded August 9, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 226, Page 1016 did.grant and convey unto Pinehurst Hills, L.P., a Pennsylvania Limited Partnership, its successors and assigns. IN WITNESS WHEREOF, the said Pinehurst Hills, L.P., a Pennsylvania Limited Partnership, has executed the foregoing instrument by its General Partner, the day and year first written above. SIGNED, SEALED AND DELIVERED IN THE PRESENCE- OF Pinehurst Hills, L.P. a Pennsylvania Limited Partnership General Partner COMMONWEALTH OF PENNSYLVANIA 11.*r, COUNTY ) SS BE IT REMEMBERED, that on thin day of 4 personally a before me, the Subscriber, a Notary Public for the State and County aforesaid,=l Vol ?General Partner of PINEHURST HILLS, L.P., a Pennsylvania limited partnership, party to this Indenture, known to me personally to be such, and acknowledged this Indenture to be their act and deed and the act and deed of said limited partnership. GIVEN, under my Hand and Seal of Office, the day and year aforesaid. NOTARY PUBLIC ?rbt'-A NOTARIAL SEAL PATTY L. MIWFOLD ?otlry Public w Chi! d Yak. Yak C m '?? 60M I?lad? M_ 2m 2 BDDK 266 PAGE14&3 SEP-06-1007 01:52PM FROM-TRICOUNTY ABSTRACT 11171613630 T-12? ? 0221023 F-947 GRANTEE'S ADDRESS 114 Foxshire Drive Lancaster, PA 17601 File No. 03-10763C Record and return to: Charter Land Exchange, L.P. 114 Foxshire Drive Ctuterland County Recorder of Deeds Lancaster, PA 17601 Instrument Filins ReceiPtl 527978 Instrk 2004-046745 11/1812004 11:32:43 Resarks: CHARTER LAND VERSANT DEED 12.50 DEED - WRIT .50 E B - R TO STATE CE 48 00.OQ M B ER V LA N AL LEY 00 24 . 00 HAMPDEN TOWNSHIP 2400.00 DEED - A/H 11.50 1C.S. / A.T.J. 10.00 1 IMPRUVEMEKT FND 2.00 REC. IMPRVMT FUND 3.00 ChecklE 7274 $2,439.50 Checki 7275 $4,800.00 Checki 7296 ET AL $2,400.00 Total Received....... $9,639.50 is to be tecorded P A 1 C'Tal to land County In Cab -Deeds Recorder of 3 600!( 266 PAGE 464 01:53PM FROM-TRICOUNTY ABSTRACT 17177613830 T-127 P 023/023 F-947 REV 153 Ex (0-08) COMMONWEALTH OF PENNSYLVANIA DEPARTMeWTOF REVENUE BUREAU OFINDIVIDUAL TAXED POST OFFICE BOX 0010 HARRI68URO, PA 11105.0010 REALTY TRANSFER TAX STATEMENT OF VALUE See Reverse for Instructions Complete each section and file In duplicate With Rocordor of Deeds when (1) the full value/conskfersdon is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax elaemp(lon is claimed. A Statement of Value Is not required 4 the transfer to wholly exempt from tax based on: (1) Nwm Taiephorle NumD.r. Charter Land Exchange, L.P. Ane Code Telephone 717-399.2185 Fax 711- 399.2188 EMI Addnge Vey tole Dc Code 114 FoxsMre Drive, Lancaster. PA 17801 Date of Aowplenaa of common S420.W0.00 +0 4. County Assessed Value S. Gammon LevN Rshe Feoor d. $30,000.00 X1.11 ,.. Atmunt W Em p Om claimed ltl. Perortlpe or WK~ Cortwr.d con roost, I 2. Check Approprlste Box Below for Exemption Claimed ? Will or Intestate succession f Wm. M Oewm.nn IEaieh ill. NumO.r1 0 Transfer to Industrial Development Agency. ? Transfer to agent or ohm party. (Attach copy of agency/strew party agreement). ? Transfer between principal and agent. (Attach copy d agency/straw Uusl agreement). Tax paid prior deed $ ? Tronsfers to the Commonwealth, the United Stales, and Instrumentalities by gift, dedicallon, condemnation or In lieu of condemnation. (Anwr-h rnnv et fo"t dlnn) Transfer from mortgagor to a holder of a mortgage M defoull. Mortgage Book Number . Page Number ED ConeotfM deed (Attach copy of the prior dead). u Statutory corporate consolidation, merger or division. (Attach copy of articles). ? Other (Plena explain exemption claimed, If other than listed above.) Under perietths of low or ordinance, I declare that I have examined this Soft ertt, Including scmnpanying informatlon, and to the best of my knowisdgs and OMlsf, k is taros. correct argf complete. 1, Alai Ceeh Con*derWon 2. Oyer CorWNderetIon 1 3. ToW Coneld.r"en x?c?, ?' yVENDOR/TRADE PARTNER AGREEMENT yrP vvw?j • -Pj,,, VENDOR NUMBS Z GROUP NUMBER (SIQ Definitions Chanw means Charter Homes Building Company or the business entity which Issues a Work Order to a Vendor/Trade Partner. V/Pmeans VwJor/Trode Partner and is Following business emit' which provides Trode Work Business?n?a?rne of VTP: whh an address oh 4 -d.._riL Tnsnfi Wawk means the providing of boor by quolNRed tradespeolrle, supervision, mater * lock, ul hankporkwon, and all similar Uemk b Perform work in oocordance with 00 Work Documenii. p ,• wart' 4ver**1W moon: aN of the Wawing document (whkh are to be cortsidwed a port of this I I I hedl ? ij: Constrm*RL U 131 (5) form of Order Mw for W& it d@L= LMX 1 (6) (farm of f/1 knn of Wor* O A*rMeans a Purchase Order I"PO•), Variance Purchase Order IWP08I or s.rnyk. order ('SO.1. Charier "'a homabuildsr. The Vendor/Trode Partner is a duly k wwW businus woly, Pft"ft Trade Work and/or malerids. In ibis «gaeed in Ina business of and conditions which will AgrN"»nt• Chaser and d+e Vindor/'I'rode Pbiner ogrse to the firms apply to Work Orders whkh C wwlor isvJw b Ile Vendor/'rode Partner. CHARTER AND THE VTP ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS NOT A CONTRACT TO PERFORM ANY WORK OF ANY KIND. CHARTER AND THE ViP WILL ONLY ENTER INTO AN AGREEMENT K* THE PERFORMANCE OF WORK WHEN CHARTER ISSUES A WORK ORDER TO THE TRADE PARTNER CHARTER AND THE VTP AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE A PART OF ANY WORK ORDER ISSUED BY CHARTER AND ANY WORT( ORDER ISSUED BY CHARTER IS SUS a TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS IS A FOUR PAGE POCUM1ENT. THE TERMS AND CONDITIONS ON THE FOLLOWVgG THREE PAGES ARE PART OF THIS AGREEMENT' AS COMPLETELY AND FUUY AS IF THEY WERE ON THIS SIGNATURE PAGE. BY SIGNING THIS AGREEMENT, CHARTER AND THE VTP ACKNOWLEDGE AND AGREE THAT EACH HAS 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 60)y bound, Charier and the VTP enter into this Agreement on; V.1-2.00 VTP: for Charier By: I?.12 •?i Name: Teombuilder/Nmhosing lybnw Y. ?z •ab We President f I . PRICE. The prkes for Trade Work (referred to as 'Bid Amount') are set Iamb in the Work Docunwl . To Induce Charter to issue Work Orders to the VIP, the VTP agrees to perform the Trade Work for the Bid Amounts in Ad at the time that the Work Order is issued. Charter and the VTP also agree that the Bid Amounts va not be changed unless (a) the VTP provides at lead sixty (bo) days' writNn notice of a proposed change in the Bid Amounts, and 04 Charter are to the changes by executing a new RFB. 2. SCHEDULING. Chorter will schedule, in advance (in accordance with the had time doled in the RFB), the dates and Mmes for perilonnonce of Trade Work. The osdgrrnerrt, scheduling, direction and continuity of Trade Work will be as ChorWs dherion. The VTP will begin Trade Work on the dale designoled by Charter and time sche" :set by Charter ('Work Schedule The VTP agree to cooperate wish Chortler and other VIPs in schedul V and Pe'brminil Trork Work to ovoid conflict or interference wish Ilse work of others. 3. CHANGES TO WORK DOCUMENTS. As part of Charter's continuing pogrom of prflefucl nft"ement, Charter may change ant, of the Construction Pans, Moshe Specifications, and/or Parkwmance Standards at any time by executing an amendment wNh the VTP describing such change. Issued Work Orders may be revobd of any Nine prior to commencement of Trade Work Documents, the VTP aurae: to do any Trade work (which is not compf sle of the time of the chorus) in ocoorcktru with the changed Work Docuntenk. 4. NO CHANGES TO TRADE WORK OR EXTRAS pNCWDiNG FOR NEW HOME BUYERS). The VTP ogress to do do Trade Work, and only de Trade Work, as set forth in the Work Documents in ocaordance with Work Orders issued by Charter. As For- 62 Ing -- -Ap RMOM& W.,- of 6r Ro&d of war _aRer_ 00 •,•K,selles the - C01--has of th mac. The VTP wig not modify (cusfomiae, deer or otherwise change) to Trade Work, nor provide any labor or materials on any property on whkh Trade Work is performed which is not authorized by a work order issued by Charter and, if the VTP does so, the ViP agrees that Charter tray deduct, from payments otherwise due to the VTP, Charter's dads of removing unauthorized wcA done by the VTp and of restoring the Pr PKV to the condition permitted by the Work Documents. 5. PAYMENT. Subject to the terms of ibis Agreement, Charter will pay tie VTP 16 amount set forth on the Work Order issued by Charter to the VTP. By *Ntng Ow Trade Work authorized by an issued Work Order, the VTP agnm to accept tte amount set forth in the Work Order for the Trade Work set forth in the Work Order. If the VTP does not carte with any item(: f, including quantifies or amohmk to be paid, which are sated on a Work Order Issued a the VTP, or if Chahar changes the Work Documents which will change any item(s), including quantities or amounts to be paid on a Work Order, the V1P must obtain, from Charter and prior to slating work, a WO describing the changes to the issued Work Order. When Trade Work is soddocim ly oornpleted in MnOk roe with the Work Documents ('m Cf rorter.$ sole delermination), Charter Wig Pay the VIP for compleled Trade Work in oooordvneeWA the payment schedule in the Work Order and in do IM wNh this Agreement. Charter will make these pwpwds to to VTP Witham receiving an invoice. Any Invokes received from the ViP M11 be disregarded and ignored. Charter will not be PaY• any penalty or into vel for any PUMNUO made later Own the payment schedule set Forth on the Worm Order. The ViP hereby waives, b tie ardent permitted by low, any nequnerrm* Thar any notice of incorrect invoke or deAeient work either be in writing or be received within any And period of time. Chahar will have the right to require, before making any Poymenl, sotisfvc1 eviaier10e of 16 payment by 16 VTP For materials and labor provided by, or of the direction of, the VTP and, before find payment, full and complefe relsosss of all liens and olher doims for materials Furnished and work performed pursuont to any Work Oder issued to the VTP. No Payment to the VfP will be conclusive evidence of Performance of Trode Work, either wholly or in port, and no poymoni will be construed cep an o=plance of defective or deficient Trade Work or an affirmance of any invoice against which such payment is erode. The VTP agrees that any check tendered to the VTP by Charter may be made subject to, and endorsed with bnpuage eonshk", release of the VTF"s No rabic in the nKd property on for was which the Trade work being paid pwkwmW. 2 6. PMRMANCE. In the perl!ormance of i e Trade Work, the VIP Open to: a. Provide all supervision, labor by qualified trades people, materials, 1100111, equipnwM, transportation, and all similar items to perFain t the Trade Work in accordance with the Work Documents; b. Perform all Trade Work in a good and workmanlike manner, free of defects,, furnishing only new (unless otherwise specified In the Work Documents) materials of good quality Installed in accordance with monuiadurer's specikallons; c.. perform the Trade Work in oocordonoe with aN lows, regulations. and applicable requirements of all 9arerTMnenksl entlMa having jurisdiclion Iduding all Occupational and Safety Heath Ad ('OSHA) requiremenis tst-ebted r+gubliars M of which the rep?earts that the VIP Is fanikor With). The VTP ogreee to indemrafy and hold Charter harmless, b the fullest eyelet permitted by law from any damage, fine or penalty which may by assessed against Charier because of the VTP's breach or failure b comply with govemnwnbl Mommenis. 7. INSURANCE. At all times that the VTP is performing Trade Work, the ViP agrees to maintain, of the Wes expense. the Ulowing insurance coverage ("Required Insuronces'), naming Charter as an additional insured on the policies: a. Worker's Compensation Invuronce in statutory required amounts; b. Employer's kaWi#y Insurance vi $100,000.00 each Accident; $300,000.00 Disease poke, limit; $100,000.00 Disease each employee; c- Motor Vehkle llabiliy insurance for vehicles rented, owned or w"wrted by the VTP and used at the job site of $1.000,000,00 combined single limit of liability; d. Comprehensive General Uabikty Insurance in the amounts OF. General Aggregate $2,000,000.00; Products and Completed Operations Aggregow $2,000,000.00; Personal and Advertising Injury 61,000,000.00; Each O ourrenee $1,000,000.00; Fire Damage $50,000.00, Medical Expense 55.000.00_ The VTP agrees to provide, to Charter, certificates (and replacement cer iffcotes prior to certificaie w f,iration) of Required Insurances, naming Charter as an additional inured and ihs VTP agrees to notify Charter in writing not less thin thirty (301 days 669 cancellolon or termination of any Required insurance. 8. WARRANTIES. By p ft" Trade wok die VTP wall 00 the Triode Work wiA be free of do" (as deRned by the Approved Standards set forth in the Warrany Doo menis provided to the Buyer of the property of whkh the Trade Work is a part, a copy of whkh is available for inspection at Charter's A*. The VTP acknow6d9es and agrees that the consction of defects In worltmansl* or mom For Trade Work performed under this Agreement ('Wens" Work') Is crwcol io the hsohh, safety and comfort of people Wing in " homes of which the Trade Work is a part and vi* importorw to CitwWls business, in"ing maintenance of Work Schedules. The VTP agrees to perform Warranty work within such time as Charter, in Chorter's ludgment, requires. The YTP agrees to adapt Charter's judgment and delerminotion of the urgency and time period in which WarrantyWork mug be pwfonred for the health, safety and comfort of residents and for Charter's business irteresb. The VIP will perform Warrant' Work for deficfs reported to Charter within a minimum of one (1) year after the dale the property of which such Trade Work is a part is conveyed to the buyer, w cept that the VTP will do Warranty Work on Charter's model homes for the entire time that Charter is actively marketing from the model home ('Warranty Period'). The VTP agrees that, R the VTP does not perform Warranty Work within such time as Charter requires, Charter may deduct, from paymonis oilmwise due to the VTP, Charter's coat of obtaining the Warranty Work from others. 9. REVOCATION OF WORK ORDERS. Work Orders are issued in Chori is sole discretion and are subod to Charter's right to revoke any Work Orders issued, in whole or in part (eon if the Trade Work is partially performed) because of: o. the VMS fioilure b do the Trade Work in oceordanoe with the Work Documents, b. On VTP's failure to do the Trade work in acoordarnce with the Work Schedule, c. the VTP's failure to do Warranty Work within the time period required by Charter, or d. failure of mamriob provided by the VTP b conform, in Charier': sole ludgnw*, to specifications, samples, or other represenio ftm. In the event of revocation aF issued Work Orders, Charter wif pay to the VIP, in =ordan% with the Payment I'M of this Agreement, its Bid Amounts l6r 3 Trade work octuallycompleted prior to notification to the VTP of revocation, but not, in any can, for malerids not dsltwrsd, without regard to whWw the VIP has ordered and/or obtained the materials. 0 a issued Work Order is revoked or terminated for any reason, or the Issuance of Work Orders to the VIP is terminated by Charter, Charter will have the right to ratan an amount of up to five pewcent (5' X16 of the told cost of all work performed by the VTP in the prior 12 monihs from the time of rsvoootion or termination until the Warranty Period is over and the VTP has wi npleted all Warronly Wark. E tins VTP does not pahm., Warranty Work within such time as' Charter requires, the VTP oulhorines Charter b deduct and pay, kom tine retained amount, Charter's cost of obtaining the Warranty Work from ethers. 10. INDEMIFICAMN. The VTP agrees to Indemnify and hold Chww, and Charter's agent and employee:, hormlea from any and all liability of any nature whatsoever, inducing costa, damages, lassos and expenses, including atiorno/s lees, arising our of any claim, action or demand incurred by Charter in connection with owes rimb between the VTPand Charter or performance of the Trade Work. This indwnnM akm by the VTP is only for losses or injuries due in whole or in part to the VMS ads or omissions or of others whom the VTP employs or bow whose ads the VTP is liable. 11. ASSIGNMENT AND SUBCONTRACT. The VTP may not, vvidtout Chtxter's prior written consent, assign or subcoiftel fns performance of Trails Work or any portion iliered, nor any right or Interest crooted by agreements between On VIP and Charter or to any monies due or to be become due because of such agreements. All agreements between the VTP and Charter will be binding on and benefit the VTP and Charter and the respective hen, waculors, administrators. sammors and assigns of On VTP and Charter. 12. WAIVER OF LIEN RIGHTS. By F wformins Trade Work pursuant to the Work Documents, the VTP waives and relinquishes Ins VTP's right to halve, RIs or maintain any mechanic's lien or mechanic's notice of intention b lien or doim; and the VTP agrees and warrant diet the VTP will no No nor assert, nor do or allow anything which would permit any employee, moterialmon,. mechanic, subcontractor at other person supplying labor and/or materials an On VTP's behalf to file or assert any rwredhonk's lien or claim against the real estate on which On Trade Work is to be or has been performed. The Waiver set forth in this sedion it, in addition to being a part hereof, an independent covenant for the benefit of do owner of On said red estate, any lender providing linancing severed by the said red estole, any licensed tide insurtince company insuring tide to die said red estate, and their respective a meessors and ossigns. 13. NOTICE. Unless wWressly required to In writing by this Agreement or the Work Documens, any notice given by either the VTP or Charter to the other may be given be any commercially reasonablemethod including, but not limited to United Stoles Postal Service moil, krsimlle transmission, email, hand dsliwry, or delivery by any recognized delivery service (e.g.. FedEx, UPS). Notices required to be in writing shalll be given by moiling of the notice, postage prepaid, certified or registered mail, return receipt requested, or by dsbvwy by any recognind delivery service, fo recipient's oddrus on die first pogo of this Agreement and any such notice will be effective upon ^!? , evidenced by written receipt of recipient, or byI Ow deeliwring pony's notarised alfMdow of dAv" to the recipient. IA. CONDITIONS. Charter shall not be liable For failure to pwkx.rm this Agreement due to facsors beyond Chortw's contral including, but not limited to Abirm majewo, war, civil unwed, or odual or economic unavallability of lobar and/or materials. 15. FINAL AGREEMENT. This Agreement mid the Work Documents, kdm "elfter, con tilt the full and finihl agreement between the VIP and Charter. This Agreement and ins Work Document 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 tits modiNooMon is in writing and signed both by the VTP and . by Charter. 16. GOVERNING LAW/JURISDICTION. The Agreement resulting from the issuance of Work Orders and the performance of Trails Work punuaN dtsreto is gowned, performed and enfa;ed in accordance with the laws of On Commonweohh of Pennsylvania. The VTP and Charter agree that the Court of Common Pleas in and for the County of Lancaster, Commonwealth of Pennsylvania wig have modusive arigk d jurisdiction over any and all claims, couses of actions, or disputes involving such Agreement. 4 6,?, b, ? 05/16/2007 0 :29:50 AM Charter Homes rags I charter Homes Building company 114 Foxshire Drive Lancaster PA 17601 P U R C H A S E O R D E R Number: 0019 228 Date: 05/16/2007 For: (50500) R/I Plumbing Lot/Block To: 08012-5 yder's Plumbing Ship To: vp01 /010/0020 / 46 Towe r Road versant at Pinehurst 5011 Amelia's Path west Elizabe thtown PA 17022 Mechanicsburg PA 17050 REV ERSE m2480c25 Concord Elevat ion c-25 Will Call T verify ship Date. F.O.B.: Ship via: Est Date Re fired: 05/04/2007 Payment Terms: invoice CO 000 superintend nt: Bernard Brenna n Group: 530 Resource/US Description Unit Quantity Price Extension Owhg50 50 Gal Gas wtr Htr Ea 0.7500 700.000 525.00 ( Rough-in 1.00 Ea ) 125s 2.5 Ba - Base Plumbg Ls 0.7500 6,525.000 %Jfti.-75? system complete per specifications ( Rough-in 1.00 LS ) lald Dbl Lav Compl ILO Ea 0.7500 275.000 AW 25 sgl Lavatory ( Rough-in 1.00 Ea ) lbr4260t4 Upg Bath - 4260 RCtg LS 0.7500 990.000 7da?.S0 soak Tub w/ separate 4'x3' shwrBaseonly ( Rough-in 1.00 Ls ) xascc Credit - Kitchen - Crdt 0.7500 89.500- 67.13- sink Integral in Countertop ( Rough-in 1.00 Crdt ) xribf Full Bath Rough In - LS 0.7500 Q 607.50 Basement only, Incl: Gr Pump Pit Only ( Rough-in 1.00 Ls ) xriim Ice Maker Line Ea 0.7500 askAw 48.75 ( Rough-in 1.00 Ea ) xwt10 Freestanding Laundry Ea 0.7500 300.000 225.00 Tub complete ( Rough-In 1.00 Ea ) zxfh Hardwood Flooring Info 1.0000 0.001 0.00 ( Powder Ro om 1.00 Info ) zxft ceramic Tile Floorng Info 1.0000 0.001 0.00 ( Master Ba th 1.00 Info ) zzkohler Kohler/sterling Info 1.0000 0.001 0.00 Fixtures & Faucets Throughout 05%16/2007 30:07 AM unarter homes ralsw 0 charter Homes Building company 114 Foxshire Drive Lancaster PA 17601 P U R. C H AI5 E O R D E R - Continued from previous page Number: 0015228 Date: 05/16/2007 For: (50500) R/I Plumbing Lot/Block To: 08012- nyder's Plumbing Ship To: vp01 101010020 / 46 Tower Road versant at Pinehurst 5011 Amelia's Path west Elizabethtown PA 17022 Mechanicsburg PA 17050 Resource/Us+ Description Unit Quantity Price Extension i ***This PO eplaces PO #00190170*** 1 sub-Total 7,181.62 Sales Tax 0.00 i -------------- Total Amt 7,181.62 Authorized jignature: By: Title: Date: vendor/sub-Contractor: Approved For Payment: By: By: Title: Title: Date: Date: V.7/ 1O/ LVV ! YO. JV . 61 rWj I Charter Homes Building company 114 Foxshire Drive Lancaster PA 17601 P U R C H A S E O R D E R Number: 001 5229 Date: 05/16/2007 For: (72575) Finish Plumbing To: 08012- nyder's Plumbing ship Lot/Block To: vp01 101010020 / 46 Tow r Road versant at Pinehurst 5011 Amelia's Path west Elizab thtown PA 17022 Mechanicsburg PA 170 50 Will Call T REVERSE m248Oc25 Concord Elevation verify ship Date. F.O.B.: ship via: C-25 Est Date Re quired: 07/10/2007 Payment Terms: invoice CO 000 superintend nt: Bernard Brennan Group: 530 Resource/Us ? Description Unit Quantity Price Extension Owhg50 ( Fi i h 50 Gal Gas wtr Htr Ea 0.2500 700.000 175.00 n s 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 Dbl Lav Compl ILO Ea 0.2500 275.000 68.75 Sgl Lavatory ( Finish 1.00 Ea lbr4260t4 Upg Bath - 4260 Rctg LS 0.2500 990.000 247.50 Soak Tub w/ Separate 4'x3' shwrBaseonly ( Finish 1.00 LS ) xascc Credit - Kitchen - Crdt 0.2500 89.500- 22 38- sink Integral in . Countertop ( Finish 1.00 Crdt ) xribf Full Bath Rough In - LS 0.2500 810.000 202.50 Basement only, Incl: Gr Pump Pit Only ( Finish 1.00 LS ) xriim Ice Maker Line Ea 0.2500 65.000 16 25 ( Finish 1.00 Ea ) . xwt10 Freestanding Laundry Ea 0.2500 300.000 75 00 Tub Complete . ( Finish 1.00 Ea ) zca Fixture Color - Info 1.0000 0.001 0 00 Kitchen sink . ( sink by thr 1.00 Info ) zxfh d ( P Hardwood Flooring info 1.0000 0.001 0.00 ow er Ro om 1.00 Info ) zxft ceramic Tile Floorn info 1.0000 0.001 0 00 ( Master B th 1.00 Info 3 . 05%16/2007 08:30:35 AM Charter Homes Page cs charter Homes Building company 114 Foxshire Drive Lancaster PA 17601 P U R C H A I S E O R D E R - Continued from previous page Number: 001 5229 Date: 05/16/2007 For: (72575) Finish Plumbing Lot/Block To: 08012- nyder's Plumbing Ship To: vp01 /010/0020 / 46 Tower Road versant at Pinehurst 5011 Amelia's Path West Elizabethtown PA 17022 Mechanicsburg PA 17050 Resource/Us Description Unit Quantity Price Extension zzkohler Kohler/sterling info 1.0000 0.001 0.00 Fixtures & Faucets Throughout ------ ------------------------------------------------------------------ ***This PO eplaces Po #00190209*** 1 sub-Total 2,393.87 sales Tax 0.00 Total Amt 2,393.87 Authorized signature: vendor/sub-Contractor: BY: I By: Title: Title: Date: I Date: I I i Approved For Payment: Bv: -_ Title: Date: E,,, ? -, b 1' 4 D 750296 ?> r: >c m )D sD ?i chm ?m> i? >A mr 7m Hrn r ' v7 0= ?o x1 ?O N Cp= 1m n"D' 7M m 7 ?r < m 0 Q 10 im nD tZ 7? = mm m c g? tp o C. 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S Z C -K N C= v x o v m m c m m m ?L S N x ~ v N r- oaozr- oe c Z C O w m m m m v z x c') 0 N J x r S O m r v s o x • m 0 a X m Lm Lo 0 0 V m Ln 1 1 Ln LJ1 1J1 LJ1 W W 0 0 Li -'N n x S m Ln x r - m Lr) 0 'v x 0 Ln 33 Lj Z Ln n s o 0 Lr) V S S 1 mm w Lo-z z m 0 LO r m 1 -0 m V S Z c V O 0 ovm LT o r o a v m n 0 V U 150296 ACRIO GRAPHICS INC. 410-631-9977 ,n n ? C i m > D to ia\i Nm $? C D O \ D mi 05 m ° oV o Fn m= M o '1V) s o D ?o x? c c m T LO 6 0 ny Or n co c ZD y >m O, m m fll' J! < U7 o n ?m m o ~ cn r-1 S73 m> C I ? 1 D N? r = 2 i N w C (/1 m D j p>> o G0 C ? D A ti S j C o z 31.4 * G a ~ y r a a a co < 2M m m n I y 3 S S T S \ z c rr m C ? a D T z r n 9 r n i T N T r O r rn m m 33 ,^ O O D ?c m a O N 0 -t O S • C z O m O n 1 a - = > ? o a tx m m x <? co m m g = m o v rn ?m> co r, a c a -+ m n <n ? o ril o x o??o D > D b O r x x W N W W X i m D ?zn? i v i to U, N ° - m r1a =g m o --j o m o N m?i m login N co C3 a O S O I ? 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C. n m m O E D A r) v v o m !A n ? v r 01 m m m v _ ? W ? 0 CA z 3 D m o c c o u1 b c, -4 o 0 2: -- 3 30 m m p m m n x m s w V O IA Iv ? O O N 3 m, ovv m C o 0 0 O ryi a C m Z m m ca O -t ? O (A c O v Q i m r y D D r x x v N N N N k ? m mm yZm? 3 rn ? A v i ?Sv a zz; N O N _? O, [Jl D m O f1pp; T O w N N Lo N m m •-- O V N CM d\ w H L, m 101101 N 3 L J L m0 D rn m ti c m a n 0 N N y a q .-- i ¦?C T 6z p 802 cn i O AI w p r V 1 v co O 0 n m -c o tn? r o.xa C q N m O x o o m m c x m m S C O O -v C3 ?o z r c c a c 4= • m mm m x ? a 0 N J S = O S • m O x m Ln lD O O V M L, 1 1 u1 U1 to w w w 0 0 1r••.1 ? n x m cx-i m cn 9 M O x s w 2= Cn a o 0 cn v x s 1 m m m LD z = m m- -0 Lo r x V a a c V O O --- O V .= a. o r o a o m rn O L f`-J ?) C7 -T-1 - J ? ? 9 -? ? D cF?> `'ia QS Cv 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. 07-671 MAD VS. CHARTER HOMES BUILDING CO., and CHARTER HOMES AT VERSANT, INC. Defendants MECHANIC'S LIEN NOTICE OF CLAIM To: CHARTER HOMES BUILDING, CO. 114 Foxshire Drive Lancaster, PA 17601 Please be advised that on 60- -1 , 2007, there was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 67- 5718 , a Mechanic's Lien Claim, a true and correct copy of which is attached hereto. RUSSELL, KRAFFT & GRUBER, LLP Roxann er Atto 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. C'7-5719 IAM- vs. MECHANIC'S LIEN CHARTER HOMES BUILDING CO., and CHARTER HOMES AT VERSANT, INC. Defendants NOTICE OF CLAIM To: CHARTER HOMES AT VERSANT, INC. 114 Foxshire Drive Lancaster, PA 17601 Please be advised that on (,+ .1s4-- , 2007, there was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. D?- 5,718 uL0 , a Mechanic's Lien Claim, a true and correct copy of which is attached hereto. RUSSELL, KRAFFT & GRUBER, LLP By: Roxanne am I.D. # 87406 Attorn 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 VS. No. 017-.5118 M W> MECHANIC'S LIEN CHARTER HOMES BUILDING CO., and CHARTER HOMES AT VERSANT, INC. Defendants 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: "I c_, 2007 RUSSELL, KRAFFT & GRUBER, LLP Rox Attorney I.D. # 87406 Attorneys for Plaintiff Hempfield Center, Suite 300 930 Red Rose Court Lancaster, PA 17601 (717) 293-9293 152101.1 is? i r: -TI - ti SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05718 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 -- "MT'TT^WN17n nT T T T TI TTTO rn to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On October 26th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answer' Docketing 18.00 f" Out of County 9.00 Surcharge 10.00 R. Thomas KlirCe Dep Lancaster Co 84.90 Sheriff of Cumberland County Postage 2.33 12 4 . 2 3 ? 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: 2007-05718 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 VERSANT INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM 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 ,/ illarl67 10/26/2007 RUSSELL KRAFFT GRUBER Sworn and subscribe to before me this day of A. D. 1 OF 2 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES, %S/ Thos Somerville Co et al 07-5718 civil H n x cn 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMFLAINI y+ Charter Hangs Building et al INotice & Mechanics' Lien Claim ? SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC- TO BE SERVED M 0 Charter Hanes Buildin 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 Cumberland Now, -October I, SHERIFF OF JW?IIIIIIII COUNTY, PA., do hereby anc Ar - ' County to execute this Writ to law. This deputation being made at the request and risk of the plaintiff. $ME _ r Of. OR NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15 Expiration/Hearing date 13. ctaboabove. et. I JACKIE MICCICHE ?A9-8200 I 10/9/07 10/31/07 or complaint mplaint as as indicated or ,putize the Sheriff of rn thereof aC.,jI:g Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly 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 - ROM ANNE C. GAKNEK, EJ . - - 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) RUSSELL, *RAFFT, & GRUBER HEMPFIELD CENTER, STE 300 930 RED ROSE CT. LANCASTER, PA. 17601 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE IN 16. 1 hereby CERTIFY and RETURN that 10 have personally served, el-ttave 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 not shown above) (Relationship to Defendant) T 19. ??? Servi -ri-.).11 t ice, (? . -?4nt,t1 tL`C?`C,,rt,.rf vt?\IIC. IPlt??l,0Gy01 - See Remarks Below (No.30) aifh of Pennsylvania S.T.A.: NOTARIAL S?? PATRICIA A. DEIHL. Notaq Pd*c Lancastar City, Lancaster CWq M Commisclon Expires July t3, 2009 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) 23. ATTEMPTS Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. to Miles Dep. Int. Date Miles Dep. Int. IO? ! ti-o4 24. Advance Costs 25. Service Costs 26 Notary Cert. 27 Mile ge/Pos a/N.F. 2 I trey / ) 29. CO T DR REFUND 150 . 00 •?O ? V R 30. REMARKS: Corrlm onwa 31. AFFIRMED 1 i5D I C?? q?? 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office S 90 WV F_ tool :/ *c,ow,wri:.?x«iwi;ar?.s??.•srw.e? u.,.c,-..,... ..rw.: ? ? 4 y ?? F t i.f I< ?. ii... r. t a r?Y f: z oF, SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. H 1 PLAINTIFF/S/ 2 COURT NUMBER L=] Thos Somerville Co et al 07-5718 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT 0 Charter Homes Building Co et al 14otice & Mechanics' Lien Claim 3 SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED t4 0 Charter Homes at Versant 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 Cumberland Now, OCtOlDer 20 1, SHERIFF OF -COUNTY, PA., do hereby pu the Sheriff Lancaster County to execute this Writ and r to law. This deputation being made at the request and risk of the plaintiff. NERIFF OF A019000s.000NI. •. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please mail return of service to Cumberland 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 I A Tci counmr r.n -- .. ..... maneal SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ C NAME of Authorized LCSO Deputy or Clerk 114. Date Received 115 Expiration/Hearing date or complaint as indicated above. -r rnTITCI MT/9/1Ti1T .l/1I'. -t /1 117% /n7 1^ /11 16. 1 hereby CERTIFY and RETURN that 10 have personally served, ave 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. 1 /. ? I 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 ?NoService ITEOP 11? c- -TOW ; asS (5-rVN -r - "t'lZ) J I('? (t° t 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) o -a3-an 3:3© 23. ATTEMPTS DPPte Miles ep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. ?°(23 kar} 24. Advance Costs 25. Service Costs 26. Notary Cer 27 Mileage/Postage/N.F. 28 Total Costs 29. COST DUE OR REFUND R 30. Ctrs ,,5wz»tiy of ?ennsylvania ,,,O 'A l! L SEAL t"-AT-(: Cl.A A. DEM. Notary. Public City, L-ncaster County - C?;;11 ,?...July 13, 200 -Slon v 31. AFFIRMED and subscribed to before me this 37 c 35 1l 1 S A o ANSI M 33 Date 110 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office 1r t 'dd *03 'ONVI ld3Q S, tid1d3HS 0 -11 WV 6- 10 LCQZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOS. SOMERVILLE CO. and NO. 07-5718 MLD SNYDER'S PLUMBING, INC. MECHANIC'S LIEN Plaintiffs, VS. CHARTER HOMES BUILDING CO., and CHARTER HOMES AT VERSANT, 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 VERSANT, INC. in the above matter. McNEES WALLACE & NURICK LLC By G 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 41 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 Susan V. Metcalfe Counsel for Defendants Dated: January _4 2008 ;-.? ' ; - _ r •-i -F't ?y C.:' ---i __ . ?A !?{ i'i 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THOS. SOMERVILLE CO. and SNYDER'S PLUMBING, INC., Plaintiffs VS. No. 07-5718 MLD CHARTER HOMES BUILDING CO. and MECHANIC'S LIEN CHARTER HOMES AT VERSANT, 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. 07-5718 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, J.ZAFFT & GRUBER, LLP Bv! K. Attorn.D. 784 Hemp e d Center, Suite 300 930 Red Rose Court Lancaster, PA 17601 (717) 293-9293 2 No. 07-5718 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 -af well &GruberLLP I lemplicld ('enter, Snltc ')00 930 Red hose ('ourt Lancaster. Penns vania 17001 %s ??.rkglawcom uk= It I kg11111 L unt December 3 1, 2008 Mr. Dave Snyder Snyder's Plumbing 46 "rower Drive Elizabethtomyn, PA 1702? RE: Litigation vs. Charter Homes Dear Mr. Snyder: C'rai" V. Russell Gary G. Krafll Jon M. (;ruhcr C'hri>un.1 1. I IaUtiller llolls S. Filius Julie 13. Miller Matrhe%k A. Grosh \awn K. Lcamer Of Counsel 1).n id F Grec•r Thomas L. GOOdmalt This letter ?yill serve as formal notice that Russell, Krafft. & Gruber. 1-1-11 is ktiItlldraxving 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 No%ember 10. 2008 email requesting a meeting %y1th %ou to establish a formal attorney client relationship. and because of the outstanding balance you 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. C1-08-00604. A Complaint has been tiled on your bellalfto which the Defendants have answered and raised defenses to your claim. A Reply was then tiled on your behalf to the Defendants' Answer. Pleadings are no\y 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 tiled. 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: 10S %Vc.Nt Main Sweet. Ephiat,l. PcimNvkama 1-5'' 1717) 7.?.;-1)Suu f:;t? t717) 7256 Willow Street Office: 24-1 1 Willt,%s Street Pike. A? dltm Stied. Penn??k;mi:1 1 75S4 17171 404-22-3 Mr. Dare Snyder December _;1. 2008 Page 2 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 of both you and 'I'llos. 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 front the date of' the filing of the mechanics lien, November 1 ?. ?007. to file an action to obtain 1ud-',nlent on a mechanic's llcn. 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 mechanics lien. Again, he advised that you have two (?) years troth the date of the rnechan'c s lien to file the appropriate pleadings to obtain a judgment on such a lien Thos. Somen!ille Co. and Snyder's Plumbing, Inc. Ns. Charter Homes Building Company and Charter Homes at Versant, Inc. (Versant at Pinehurst Lot #20, Docket No. 07-5718 MLD). For this matter. a mechanic's lien has been filed and perfected on behalf of both you and Thos. Somerville Co. The mechanic's lien was filed on November 15, 1.007. 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 filing of the mechanic's lien in which you may obtain a judgment on that lien. h. In the remaining tiles relating to The Presen•c at Hampden Lot 499, 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 filed. or due to the property being sold by Charter Homes prior to us being able to file a mechanics 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. 13c adylse(l that we are MthdraMing our representation on hehalf of I)ayc Sn\der and Smder"s Plunlbin"': ho?ycycr. vyc will renlain counsel of record fi01. Thos. Sonlcrvilly Co. and nlay still pursue collection on their hehalf. four outstanding balance with our firm totals Mr. Dave Snyder December 31. 2008 Page $1,638.5.3 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 amoiult is currently past due. fie advised that we will Pursue the collection of this amount if you fail or refuse to pay. Very truly yours. Aaron K. Zeamer AKZ:kss &GruberLL. liempfield Center, Suite 300 930 Red Rose Court Lancaster, PennsN Dania 17(,()l (717) 293-9'_93 Fax (717) 293-5 130 w%vxv.rkg1a%k.cons DAVESNYDER SNYDER'S PLUMBING 46 TOWER DRIVE ELIZABETHTOWN, PA 17022 Client No. 012772 Matter No. 2: SNYDER, DAVE COLLECTIONS - CHARTER HOMES II CURRENT BILLING SUlN1NIARY Fees for Professional Services Through December 30, 2008: Expense Advances Through December 30, 2008: Total of Current Statement: Previous Balance: TOTAL BALANCE DUE: Finance Charges (1.5% per month): Total Outstanding with Finance Charges: December 30, 2008 Invoice #6310 Invoice prepared by: Aaron K. Zeamer 0.00 0.00 $ 0.00 217.79 6.40 224.19 TOTAL AMOUNT DUE WITH FINANCE CHARGES: PAST DUE TOTAL BALANCE DUE WITHIN 10 DAYS OF DATE OF INVOICE &Gruber LLP Ilernpfield Center, Suite 300 930 Red Rose Court Lancaster, Pennsylvania 17601 (717) 293-0293 Fax (717) 293-5130 wwwrkgla,.s.corn DAVE SNYDER SNYDER'S PLUMBING 46 TOWER DRIVE ELIZABETHTOWN, PA 17022 Client No. 012772 Matter No. 1: SNYDER, DAVE COLLECTIONS - CHARTER HOMES CURRENT BILLING SUMMARY December 30, 2008 Invoice 116309 Invoice prepared by: Aaron K. Zeamer Fees for Professional Services Through December 30, 2008: 0.00 Expense Advances Through December 30, 2008: 000 Total of Current Statement: $ 0.00 Previous Balance: 3,319.99 TOTAL BALANCE DUE: Finance Charges (1.5% per month): 94.35 Total Outstanding with Finance Charges: 3,414.34 TOTAL AMOUNT DUE WITH FINANCE CHARGES: PAST DUE 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. 07-5718 MLD CHARTER HOMES BUILDING CO. and MECHANIC'S LIEN CHARTER HOMES AT VERSANT, 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 Dated: January 21, 2009 Susan V. Metcalfe, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 RUS By: & GRUBER, LLP Att# 05784 AaCeRose K. He ter, Suite 300 _eft 93Court Lancaster, PA 17601 (717) 293-9293 178355.1 -w z s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THOS. SOMERVILLE CO. and : SNYDER' S PLUMBING, INC., Plaintiffs vs. No. 07-5718 MLD CHARTER HOMES BUILDING CO. and MECHANIC'S LIEN CHARTER HOMES AT VERSANT, 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. 179261.1 No. 07-5718 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 & GRUBER, LLP Aaron K. Zgam?er- Attorney I,B. 20 Hemp d Cen , Suite 300 930 ed R Court L c , PA 17601 (717) 293-9293 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THOS. SOMERVILLE CO. and SNYDER'S PLUMBING, INC., Plaintiffs vs. No. 07-5718 MLD CHARTER HOMES BUILDING CO. and MECHANIC'S LIEN CHARTER HOMES AT VERSANT, INC., Defendants CERTIFICATION OF SERVICE I hereby certify that on the 2°d 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 RUSSE & BER, LLP By Aarbn K. er Attorn D. # 20 84 He field Ce r, Suite 300 9 0 Re se Court L aster, PA 17601 (717) 293-9293 ?? ? ? ? ? . ` ?' ? ?, THOS. SOMERVILLE CO. IN THE COURT OF COMMON PLEAS OF and SNYDER'S PLUMBING, CUMBERLAND COUNTY, PENNSYLVANIA INC., riainuirs V. : CHARTER HOMES BUILDING : CO. and CHARTER HOMES AT : VERSANT, INC., : Defendants CIVIL ACTION - LAW NO. 07-5718 MLD ORDER OF COURT AND NOW, this 9ch 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. Aaron K. Zeamer, Esq. 930 Red rose Court Lancaster, PA 17601 Attorney for Defendant Snyder's Plumbing, Inc. :rc BY THE COURT, + 'n7 V(4?w Z ? :6 WV 01 93A 6DOZ 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 VERSANT, INC. : NO. 07-5718 MLD Defendants 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 12, /(_,Zv? Arian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff r? c' ; ? ? i ? -r; , --- ,v?-?s : : 4? ?: ? _ ' '.? _. _ c„t. 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. 07-5718 MLD CHARTER HOMES BUILDING CO., and CHARTER HOMES AT VERSANT, 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. On February 9, 2009, The Honorable J. Wesley Oler, Jr. entered an Order 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. 181069.1 No. 07-5718 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, JAFFT & GRUBER, LLP Aaron K. Ze r Attorne 5784 Hemp enter, Suite 300 930 Red Rose Court Lancaster, PA 17601 (717) 293-9293 2 THOS. SOMERVILLE CO. IN THE COURT OF COMMON PLEAS OF and SNYDER'S PLUMBING, CUMBERLAND COUNTY, PENNSYLVANIA INC., Plaintiffs : V. : CIVIL ACTION - LAW CHARTER HOMES BUILDING : CO. and CHARTER HOMES AT : VERSANT, INC., Defendants NO. 07-5718 MLD ORDER OF COURT AND NOW, this 91h day of February, 2009, upon consideration of the Petition To Withdraw as Legal Counsel and the Amended Petition To Withdraw as Legal Counsel, a c• 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. ron K. Zeamer, Esq. 30 Red rose Court Lancaster, PA 17601 Attorney for Defendant Snyder's Plumbing, Inc. : rc "1' , > . ' z TRUE ?..0s j I- c *-., %?* in Testimony whereof, I here unto sat my haw ind the seal of said Court at Carlisle. Pa. f tti? y ofr-=--•-. .. ,- - Protlloctot? EXHIBIT "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. 07-5718 MLD CHARTER HOMES BUILDING CO., and CHARTER HOMES AT VERSANT, 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. Service by First Class Mail Postage Prepaid 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, LLP Aaron K. Z er Attorneyl. D. 784 Hemp ie Center, Suite 300 930 Red Rose Court Lancaster, PA 17601 (717) 293-9293 EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THOS. SOMERVILLE CO. AND SNYDER' S PLUMBING, INC., Plaintiffs vs. No. 07-5718 MLD CHARTER HOMES BUILDING CO., and CHARTER HOMES AT VERSANT, INC., Defendants CERTIFICATION OF SERVICE I hereby certify that on this 6t' 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 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 By: Z _f:? f - Aaron K. Ze #20 4 Attorney Wr 5A Hempfi er, Suite 300 930 Red Rose Court Lancaster, PA 17601 (717) 293-9293 LLP c :) 'o C n ? G ^'? 00 4 r ., a MA4 ? 4 20 A 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 ORDER No. 07-5718 MLD AND NOW, this 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 Order issuing a 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: Aaron K. Zeamer, Esquire Russell, Krafft & Gruber, LLP 930 Red Rose Court Suite 300 Lancaster, PA 17601 Cl- N (,l _V r M l? 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., • C. And CHARTER HOMES AT VERSANT, INC. : NO. 07-5718 MLD cn Defendants rnri c2., - s-' ()I PRAECIPE TO DISMISS AND DISCONTINUE -< c) -or G r? TO THE PROTHONOTARY: "P' Kindly dismiss and discontinue the action for Plaintiffs, Thos. Somerville Co. and Snyder's Plumbing, Inc., with prejudice. Date: rra3 1 q , ao\3 aron K. earner Supreme Court it #2057: Hempfield -nter, Suite 310 930 Red ' •se Court Lancaster, ' (717) 293-9293 Attorney for Plaintiff Thos Somerville Date: I S'`* i1 13 �--� Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff Snyder's Plumbing Inc. �,k Cc k, Vasil() itQ C