HomeMy WebLinkAbout07-5747ROXANNE 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 No. 67- 8'7y7M, p
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 19 of the Versant at Pinehurst, a
condominium, more specifically known as 5009 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 June 6, 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 Order dated May 16, 2007, this claim is made for the labor
and materials identified on the said Purchase Order. A copy of said Purchase Order is 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 Thirty-one and 30/100 Dollars ($9,531.30).
11. Defendants have not made any payments towards the aforementioned invoice, leaving
a balance due and owing of Nine Thousand Five Hundred Thirty-one and 30/100 Dollars
($9,531.30).
12. From June 4, 2007, through July 27, 2007, Somerville sold materials to Snyder for a
total amount of $1,220.42 for work done at Unit 19 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 Thirty-one and
30/100 Dollars ($9,531.30), plus interest accruing at the rate of one and one-half percent (1'/Z%) per
month since June 6, 2007.
RUSSELL, KRAFFT & GRUBER, LLP
By:
Rox a C. Garner
Att rney 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
vs.
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT THE PRESERVE, 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.
1
^ 1
Date: By: )v lk
s Beth Crowley, Regi al 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 VERSANT, 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 unworn falsification to authorities.
SNYDER'S PLUMB G, INC.
Date: By.
avid . nyder, President
152100.1
cx?, it f A
SEP-06-2007 01:52PM FROM-TRI000NTY ABSTRACT 17177613830 T-127 P 020/023 F-947
ROBERT °. ZIEGLER
RECORDER OF DE:'
ClJYP 3"LA (D CC,.,:,: M9 NOU 18 Ail 11 23
DEED
THIS DEED, Made this 2904 day of Oc 'lo k.r , 2004
BETWEEN Pinehurst Hills, L.P., a Pennsylvania Limited Partnership, party of the first part,
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 (S 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 Right 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 Sixth 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 _.
Boox 266 PACiE1462
SEP-06-2CC7 01:52Pm FROM-M COUNTY ABSTRACT 17177613930 T-127 P C21/C23 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 fast written above.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE- OF
COMMONWEALTH OF PENNSYLVANIA )
r/1r, ) SS
COUNTY )
BE IT REMEMBERED, that on thiL3- day of 4 personally me before me,
the Subscriber, a Notary Public for the State and County aforesaid, E fvw
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
rnOJ-)? ..: - ...?
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NOTARIAL SEAL ='. a 7 • a.
PATTYY L. r,4ANIfULp, Notary R,hlfc t . • . ip ???'a? .
City COrmrhsJonCA Yank
Expires Ntadf
2007
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BOdK 266 FACE1463
Pinehurst Hills, L.P.
SEP-06-2007 01:52PM FROM-TRi000NTY ABSTRACT 17177613230 7-'27 p 022/023 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 Casterland County Recorder of Deeds
Lancaster, PA 17601 Instrument Filins
ReceiPtl 527978
InstrO 2004-046745 11/18/2004 11:32;43
Resarks: CHARTER LAND
VERSANT
DEED 12.50
DEED - WRIT .50
DEED - RTT STATE 4800.00
CUMBERLAND VALLEY 2400.00
HAKPDEN TOWNSHIP 2400.00
DEED - A/H 11.50
T.C.S. I A.T.J. 10.00
?0 IMPRNEMENT RIP 2,00
REC. IiPRVMT FUND 3.00
Checkl 7274 521439.50
CheckR 7275 $4,800.00
. Checkk 7276 ET AL 32,400.00
Total Received....... (9,639.50
i5 to be teearde(1
I Certify to lamed County PA
In Cab
Recorder °f Deeds
3
bbax 266 PAGE; M
SEP-06-2007 0!:53P1?
REV 15.3 EX (Ba1B)
FROW-7RICOXY ABSTRACT
COMMOIrWEALTH OF PENNSYLVANIA
DEPARTMI NT OF REVENUE
BUREAU OFINDIVIDUAL TAxEB
POST OFFICE BOX 18910
HARRISBURG, PA 171054910
17177613630
REALTY TRANSFER TAX
See Reverse for Instructions
STATEMENT OF VALUE
7-127 P 023/023 F-947
RECORDER'S USE ONLY
Mole T« Palo Y?oo Q0
8wic Number
Pape Nwwor \
Date Rewfded l
Complete each sealon and fib In duplicate with Recorder of Deeds when (1) the full value/oonslderston is not set forth in the deed, (2) when the deed is
without consideration, or by gift, or (9) a lax uarriptlon is claimed. A Stalament of Value Is not required if the transfer Is wholly exempt from tax based on: (1)
Nun. TologWe Number.
Charter Land Exchange, L.P. Area coos Telephone 717.399-2185 Fax 711-
999-2188
BIIwi AWm" - fitly stela DD Code
114 FOXIIIN a Drive, Lancollar PA 17801
Dale of Aamptenae of Ddwnleni
PINEHURST HILLS, L.P. CHARTER HOMES AT VERSANT, INC.
Su+el ACdnaa 811set AY9laaa
415 NORWAY STREET 114 FOXSHIRE DRIVE
City atoce LP Cod. Clly state DP Code
YORK PA 17403 LANCASTER PA 17801
8twl Addnu Cly, TewlsnlP. eorwp4
5009, 50 t 1, 4997, 4999, 4993, 4995 MtEL1A'S PATH WEST haCHANICSBURG. PA. HA-VMEN TOWNSHIP
Counly 8rNeW 0lsblct 1,42 Para Number
,., , .. rTWAIF LAWnVALLEYSCHOOLDIS7RICT 10-15-1282-001 Ui9/U20/U25/U26/U2VU2ti
1. Ablal Ceeh Conskisni n 2. OVMr Condoldaauon 3. TOW Conelder.8on
5410,000.00 t0 -490,000.00
4. Cowry Assessed Valus S. Camnon Level Rabe FOW? 9. Fein Mallet Value
S30,000.00 X1.11 -133.300.00
la. Ant t of EmwvIli n Cleln,ed Jo. Pwdwxpa orInlaraat Canwred
2. Check Approprisib Box Below for Eramption Claimed
? Will or intestate succession
tNanl. M osee,Mnll IEeMM Flt. Num6mi
? Transfer to Industrial Development Apsncy.
? Transfer to agent or straw party. (Attach copy of agency/straw party agreement).
? Transfer between principal and agent. (Attach copy of agency/straw t=1 agreement). Tax paid prior deed S
? Transfers to the Commommallh, the United Stales, end instrumentalities by gift, dedication, condemnsdan or In lieu of condemnation.
(Atlwrh rr~ nr /ls.nl, dtAn)
? Transfer from mortgagor to a holderof a mortgage In default. Mortgage Book Number . Page Number
? Comecthre deed'(Attach copy of the prior deed).
r
tJ Statutory corporate conaoildstbn, merger or dtvislon. (Attach copy of ankles).
? Other (Please explain e-empdon claimed, K other than listed above.)
Under perWM= of law or ordinance, l declare that I have wmmlrwd this 869m t"it, Includpp accompanying Inforrnadon, and to dw bet of my
knowledge and belief, k Is Mn, connect complete.
brpn..mn or Gw" .n, a MwpwwM- r.rM ?C/7
Ex k, b'il B
VENDOR/TRADE PARTNER AGREEMENT VTP esvt; (7l mt
VENDOR N Z
GROUP NUMIER(S( faQ
Definitions
Ch~ mans Charter Moms Building Company or the business enhly which WM a Work Order to a Vendor/Trade
partner.
V!'Pmeans Vendor/rmde Partner and is following business en tIty'which provides Trade Work
Business name of VIP:
with an address af: 441o
Tiianb Wor* means the providing of boor by qualiRed bodespeople, supenlsion, 100WIols, loots„ equlPment,
honsporki"n, and aI similar items to perform work In accordance with Ow Work Doaxneno&
Ww* Qvarwmw meow ate of da boAowi V dawtnertts (whkh are lobe considered a port of This Agrowmo:
(1) mid[-?Iii?BJw1i11R (h- R Construc(iORApe
2 WomhoinAOIId" Fbd1e4 Order
(5) forma Pure6w ( (6 Fain of V"nft el. ordw NM
(7) form of ?aort?-Qnd?t.i?41
Wv,* Owhr means a Pine Order ("POs), Variance Purchase Order (-VFO") or Swviw Order (-SO-).
Charter Is a harebuikfer. The Vendor/Trade Pariner is o duly Iksnsed business entity, engaged In de business of
ProwWft Trade Work and/or moMrk& In this Awwwwnt, Chafer and tie Vindo?/Trode Fortner o8ree to lie tern,
ZTER ondiMons with vAl apply to Wa?k Oners which Charter issues to Vendor/Trode Partner.
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 FOR THE PERFORIMMNCE OF WORK WHEN
CHARTER IWS A WORK GIRDER 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 WORK ORDER ISSUED BY CHARTER IS SUBIECT TO ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
THIS IS A FOUR PAGE OOCLMENT. THE TERMS AND CONDITIONS ON THE FOLLOWING; TMhtEE PAGES ARE
PART OF THIS AGREEMEWT AS COMPLETELY AND FULLY 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 DOCUMEMS, AND EACH AGREES TO ALL OF THE TERMS AND
CONDITIONS ON ALL FOUR PAGES AND IN THE WORK DOCUMENTS.
Intending to be 69* bound, Charter and the VTP enter into this Agreement on: V.12,00
VTP: for Charter:
BY:
Teambuilcler/Purdvasing Monger
Tide: ?. fZ •Ob
Vice President
1
I . PRICE. The prise for Trade Work (referred to as
"Bid vaunts') are set forth In the Work Documents. To
Induce Charter b issue Work Orders to the VIP, the VTP
agrees to perform the Trade Work for the Bid Amounts in
effed at the time thou the Work Order is issued. Charter
and the YTP also agree that she Bid Amounts will nat be
changed unless (4 the VTP provides at least Obtly (A
days' written notice of a proposed change in the Bid
Amounts, and 04 Charter arm to the changes by
execWng a new RFD.
2. SCHEDULING. Charter wig schedule, in odvorrce
(in accordance whh the lead fte staled in " RFS), the
dotes and tunes for performance of Trade Work. The
ossSgnrrrent, scheduling, direction and continuity of Trade
Work wig be at Charter's disenftn. The ViP wig begin
Trade Work on the dote designated by charter and
proceed diligently to compile the Trade Wank within the
time schedule set by Charter ('Work Sdteduleq. The
VTP ogtpee to cooperate with Charter and other VTPs in
scheduling and performing Trade Work to avoid conikd
or interference wish She work of others.
3. CHANGES TO WORK DOCUMENTS. As part of
Charter's continuing program of product refinement,
Charter may change any of the C.onstr ucson Plans,
Master Specifiedlouw, and/or Perfarnr Sbndw& at
any time by emmuong an omendnwrit with the VSP
describing such change. Issued Work Orders nay be
revoked of any Nme prior ta commencement of Trade
Work or ordering of materiels. N Charter changes the
Work Documents, She VTP agrees to do any Trade Work
(which is not compioe at the time of the change] in
acoordat" wilh fhe changed Work Documents.
4. NO CHANGES TO TRADE WORK OR EXTRAS
pNCWDiNG FOR NEW HOME BUYERS). The VTP
09rses to do dre Trade Worlt, and only the Trade Work,
as set forth in the Work Documents in accordance with
Work Orders issued by Charter.
himaF hM6M- at for
M amps* LhLQ=d2d of
QMP2*• The VTP wig not madify (custarnize, oker or
otherwise change) the Trade Work, nor provide any r
or matetiols on any properly 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
agrees #W Charter may deduct, From payments
od»rwise due b the VIP, Charter's owls of rernaving
unw1 horintld work done by the VTP and of restoring the
property b the condition pwmitled by the Work
Documents.
5. PAYMENT. Subject b the terms of this Ag..W,
Charter wig pay the VTP the amount set Forth on dre
Work Order issued by Charter to the YTP. By starting due
Trade Work authorized by an issued Work Order, the
VTP agrees to amp the amount so 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), including
quanNNes or amounk to be paid, which are stated on a
Work Order issued to the VTP, or if Charter changes the
Work Docunwr* which wig change any item(s),
including 9uanMtfes or amounts to be paid on a Work
Order, the VTP must obidn, from Charter and prior to
starting war. a VPO describing the changes to the
issued Work Order.
When Trade Work is awsfodorily completed in
compliance with the Work Documents (m Charter's sok
delsrminolion), Chatter wgl pay the VTP for conrplefed
Trade Wadi In accordance with dte payment schedule in
due Work Order and in aooordano, wflh this Agreement.
Charter WIN make dtese paym * b Nte VTP without
receiving an invoice. Any Invoices received from the VTP
wM be di"'egarded and Dow . Charter wig not be
respons" for, nor pay, any penally or interew for any
Payments made later than the payment schedule set forth
on Ore Work Order. The VTP hereby wolves, to the
eude i permitted by law, any regvirw wd that any ra?ice
of ammled invoice or deficient work either be in writing
or be received within any fixed period of lime.
Charter wig have the rigM to requite, before malting any
Pay"M 1, satisfactory evidence of the poytnettt by the VTP
For materiels and labor provided by, or of the direction
of, the VTP and, before find payrnw, fun and complete
releases of ag liens and other claims for material;
furnished and work performed pL"um# to any Work
Order issued to Ow VTP.
No payment to the VTP will be conclusive evidence of
performance of Trade Work, either whogy or in part, and
no PaYmenk wig be construed as an acceptance of
defective or defkient Trade Work or an affirmance of
any invoice ogainst which such payment is mode.
The VTP agrees shat any check tendered to the YTP by
Charter may be made subject to, and endorsed with
language consTtk ft release of the VTP's Pert tights in
the red PVPWV on which the Trade Work being paid
for was performed.
N
6._ PERFORMANCE. In the performarm of In Trade
Work, the VIP agrees to!
a. Provide all supervision, labor by qualiRed trades
Paco, mmalerkdo, 1001:, equipment, IrOnsparWon,
and all similar items to perform the Trod Work in
accordance with the Work Documents,
b. Perform ON Trade work in a good and workmanlike
manner, free of def m* furnishing only new (unless
otherwise specified in the Work Documents)
materials of good quality imlolled in accordance
with manufocwrer's "clikaNons;
C.- perform the Trade Work in accordance with ON laws,
regulai(ons, and applicable requirements of ON
governmental wMrm having jean including all
Occupworal and softy Hoc& Act POsm-)
requirenahents and elated regulations (oq of whkh the
VP warrants and reW Is that the VTi Is familiar
with). The VTP agrees to indemnify and hold Garter
harmless, 10 the fullest side -1 Permitted by law fiom
any damage, fine or Penalty which may by assessed
against Charter because of the VTP's bmadm or
faikre b comply with pvernmwW requirements.
7. INSURANCE. At dl times that the VTP is performing
Trade Work, the VTP agrees to maintain, at the ViP's
expense, the faDowing insuroncm coverage ("Required
Insuronces"l, naming Charter as an additional insured on
the policies:
a. Warloer's Compensation Insurance in statutory
required amounts;
b. Employer's iiobitty Insurance of 3100,000.00 each
Accident; $300,000.0o Disease Policy limit;
$100,000.30 Disease each employee;
c. Motor Vehicle liabhlity insuronce for vehicles rented,
owned or na}owned by the VTP and used at the job
3119 of $1,000,000.00 combined single limit of
liability,
d. Comprehensive General liobiry insurance in the
amounts OF General Aggregate $2,000,000.00,
Products and Complew Operations Aggregate
$2,000,000.00; Personal and Advertising Injury
$1,000,000.00; Each Occurrence =1,000,000.00;
Fire Damcrge $50.000.00, Medical Expense
$5.000.00_
The VTP agrees to provide, to Charter, cerMpcoles (and
replacement Ce"cates Prior b certificate expiration) of
Required Insurances, naming Charter as an additional
insured and the VTP agrees to nobly Charter in writing
not lass ikon Nry 1301 days bttkm m allalion or
termination of any Required Insurance.
8. WARRANTIES. By petbwkq Trade World, the ViP
warrants that the Trade Work will be bee of do" (as
defined by to Approved Standards set fotlh in the
Wanony Documerhts provided to the Buyer of the
property of which the Trade Work is a part, a copy of
which is available for inspection at Charter's Acq.
The ViP odcrowiedges and agrees that the correcfion of
defects in workmanship or materials for Trade Work
performed under this Agreement fWarrany Work") is
critical to the health, safey and comfort of people living
In the home of which the Trade Work is a part and
vitoly important b ChWW's business, including
maintenance of Work Schedules.
The VTP agrees to perform Warranty Work within such
time as charter, in Garter's (*nmt, requires. The VTP
agrees to accept Charter's judgment and d .. "notion
of the urgency and law period in which Warranty Work
must be performed for the health, achy and comfort of
residents and for Charter's business interests.
The VTP will perform Warranty Work for defects reported
to Charter within a minimum of one (1) year after the
date the property of which such Trade Work is a part is
conveyed to the buyer, w cept that the VTP will do
Warranty Work an Charter's model homes for 1Ete entire
Lime that Garter is ac&* morl0rig from to model
home ("Warrant' Perrot").
The VTP agrees tat, if the VTP does not perform
Warranty Work within such time as Charter requires,
Charter may deduct, from payments otherwise due to the
VTP, Charter's cost of obtaining the Warranty Work from
others.
9. REVOCATION OF WORK ORDERS. Work Orders
are Issued in Charter's cede discretion and are subied to
Charter's right to revoke any Work Orders issued, in
whole or in part (even if do Trod Work is portially
per formed) bemuse oF.
a. the VIPs failure to do the Trode Work in accordance
with the Work Documents,
b. the VTP's failure to do the Trade Work in accordance
with the Work Schedule,
c. the VTP's failure to do Warranty Work within the
time period required by Charter, or
d. failure of materials provided by the VTP to conform,
in Charter's sole judgment, to specifications,
samples, or other representations.
In the event of revocation of issued Work Orders, Charter
will Pay to Ilse VIP, in accordance with the Parntttnl
terms of this Agreement, the Bid Amounts for
3
Trade Work actually complslsd prior to noti cotion to the
VTP of revocation, but not, in any can, for materials not
dehverd, without regard to whWwr the VIP has ordered
and/or oblained the materials,
0 a issued Work Order is revolted or terminated for any
reason, or the issuance of Work Girders to the VTP is
terminated by Charter, Chatter will have the right to
stain an amount of up to five percent 1591 of the total
cost of all work performed by the VTP In the prior 12
months from the time ai revocation or tennirro iah until the
Warranty Period is aver and do ViP has canpleas oil
Warranty Words. 0 the ViP does not perforce Warranty
Work within such Nme as' Charter requires, the VTP
authorizes Charter to deduct and pay, tram the retained
amount, Charter's we of obtaining the Warranty Work
from Odors.
TO. INDEMNIFICATION. The VTP agree to Indemnify
and hold Charter, and Charter's agent: and employees,
harmless from any and all liabiiiy of any nature
whaboever, including costs, damages, losses and
expenses, including aNorny's fees, arising out of any
claim, action or demand incurred by Charter in
cm- -11an with agreements bdwssn des VTPand Charter
or performance of tee Trade Work. This indemnification
by the ViP is anly for losses or injures due in whole or in
part to the VIP's ads or omissions or of others whom the
VIP employs or for whoa acts the VTP is liable.
11. ASSKP#AENT AND SUBCONTRACT. The ViP
may not, without Charter's prior written consent, assign
or wboonlrad the perforntonw of Trade Work or any
portion thereof, nor any right or interest coo ted by
ogroemw* between tiro ViP and Charter or to any
monies due or to be become due becaua of such
agreements.
AN agreements between the VTP and Charier will be
binding on and benek the ViP and Charter and the
respective heirs, wosa t m, adminishators, aMessors and
assigns of the VTP and Charter.
12. WANER OF UEN RIGHTS. By performing Trade
Work pursuant to the Work Documents, the VTP waives
and relinquishes der VTP's right to have, fits or maintain
any mechanic's lion or mechanic's naUce of intention to
lien or claim; and the VTP ogress and warrants that the
VTP will not fie nor assert, nor do of allow anything
which would permit any employee, materidmon,.
mechanic, subcontractor or other person supplying labor
and/or materials on to VIP's behalf to file or assert any
mechanic's lien or claim aaainof thhe real estates on which
the Trade Work is to be or has been performed.
The Waiver set forth in this sedion is, in addition to
being a part heredF, an independent covenant for the
bwAt of the owner of the said red estate, any lender
providing financing secured by the said red estate, any
Nhansed Nde insurance company insuring tills to the said
red estate, and their respective successors and assigns.
13. NOTICE. Unless expressly required to In writing by
this Agreement or "Work Documents, any notice given
by either the VIP or Charter to the other may be given be
any commercially reasonable method including, but not
limited to United Slogs Festal Service mail, ioesirnk
transmission, en hail, hand delivery, or dolhoy by any
rmoogni=d delivery service (e g., FoAx, UPS).
Notices required to be in writing shall be given by
mailing of the nolics, postage prepoid, certified or
registered molt, return receipt requested, or by delivery
by arty noogi Ued dtWkwy setvia, to recipient's oddness
on die first paps of this Agreensnl and any such nolice
wig be eBedive upon too**, evidenced by carmen
receipt of recipient, or by Its delivering party's nolarizsd
aMdavN of delivery to the recipient.
14. CONDITIONS. Charter shill not be liable for
Failure to pul6n.h this Agreement due to focrors beyond
Charter's control Including, bur not limited to krve
mo/ewv` war, civil unroof, or actual or economic
unavailability of labor and/or materials.
15. FINAL AGREEWNT. This Agreement and the Work
Documents, token together, cono* Fro full and troll
agreement between the VTP and Charter. This
Agreement and its 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
amblicatlon is in writing and sigrod both by the VIP and .
by Charter.
16. GOVERNING LAW/jURISDICTiON. The
Agreement resullIng From the Issuance of Work Orders
and the performance of Trade Work pursuant thereto is
governed, performed and enforced In aocordanm with
the laws of the Commonweolth of Pennsylvania. The VTP
and Chatter agree that the Cowl of Common Pleas in
and for the County of Lancaster, Commonwealth of
Pennsylvania will have oWusive original jurisdiction over
any and all claims, douses of actions, or disputes
involving such Agreement.
4
~05/1$/2007 8:28:57 AM Charter Homes
charter Homes Building company
114 Foxshire Drive
Lancaster PA 17601
0.7500 6,525.000
P U R C H A S E O R D E R
Number: 001 5226 Date: 05/16/2007 For: (50500) R/I Plumbing
Lot/BIOCK
To: 08012- nyder's Plumbing Ship To: vp01 /010/0019 /
46 Tower Road versant at Pinehurst
5009 Amelia's Path West
Elizabethtown PA 17022 Mechanicsburg PA 17050
REVERSE m2900c3O Hanson Elevation C-30
will call T verify ship Date. F.O.B.: ship yia:
Est Date Re uired: 05/04/2007 Payment Terms: invoice co 000
superintend nt: Bernard Brennan Group: 530
Resource/Us? Description Unit Quantity Price Extension
Owhe50 1 50 Gal Elec wtr Htr Ea 0.7500 0.001
( Rough-in
125s
( Rough-in
laid
( Rouggh-in
1br4260t5
( Rough-in
x1f40
( Info
xlte
( Info
xaf30
( Info.
xascc
( Rough-in
xgf10
( Info
Included w/Base
Plumbing
1.00 Ea )
2.5 Ba - Base Plumbg LS
System complete
per specifications
1.00 LS )
Dbl Lav Compl ILO Ea
Sgl Lavatory
2.00 Ea )
Upg Bath - 4260 Rctg LS
soak Tub w/ separate
5' shower Base only
1.00 LS )
Add'l Lav Faucet - Ea
Upgrade - Per specs.
1.00 Ea )
Elongated Toilet ILO Ea
Standard Round
silver selection
3.00 Ea )
Upg Kitchen Faucet- Ea
Includes soap Disp.
- Per Specs.
1.00 Ea )
Credit - Kitchen - crdt
sink Integral in
countertop
1.00 Crdt )
Pwdr Bath Faucet - LS
Finish w/Toilet Trim
per Spec
1.00 LS )
1.5000 275.000
Page 1
0.00
4 893.75
4,50
0.5000 1,080.000 540.00
0.0000 334.800 0.00
0.0000 30.000 0.00
0.0000 360.000 0.00
0.7500 89.500- 67.13-
0.0000 192.000 0.00
•V J/ 27/ LVV I VV . LJ V= LL'I vacua ..va •?v u.v.+ .gyp- --
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: 0015226 Date: 05/16/2007 For: (50500) R/I Plumbing
To: 08012- nyder's Plumbing
46 TOW !r Road
Elizabethtown PA 17022
Lot/Blo
Ship To: vp01 /010/0019 /
Versant at Pinehurst
5009 Amelia's Path west
Mechanicsburg PA 17050
Resource/Us f Description Unit Quantity Price Extension
xjf40 Mstr Bath Faucet - LS 0.0000 704.000 0.00
Finish w/Toilet Trim
per Spec
( Info 1.00 LS )
xriim Ice Maker Line Ea 0.7500 5.000 48.75
( Rough-in 1.00 Ea )
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 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
I
sub-Total 5,882.87
sales Tax 0.00
--------------
Total Amt 5,882.87
Authorized signature: vendor/sub-contractor: Approved For Payment:
By: - By: By:
Title: Title: Title:
Date: Date: 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 PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC.
Plaintiffs No. 67- 57N7 MLD
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
OCbber sf
Please be advised that on der r, 2007, there was filed in the Court of Common Pleas
of Cumberland County, Pennsylvania, to Docket No. 67 - 57y.7 Ma Mechanic's Lien Claim,
a true and correct copy of which is attached hereto.
RUSSELL, KRAFFT & GRUBER, LLP
Attorno I.D. # 87406
Attrneys 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
No. CR - 57g7 M a>
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
OdDber sf
Please be advised that on-?? 1, 2007, there was filed in the Court of Common Pleas
µLD
of Cumberland County, Pennsylvania, to Docket No.07-:5747 , a Mechanic's Lien Claim, a true
and correct copy of which is attached hereto.
RUSSELL, KRAFFT & GRUBER, LLP
oxanne 00
Atto 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
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC.
Plaintiffs
No. 07 - 57g-7 MLD
VS.
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT VERSANT, 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: , 2007
RUSSELL, KRAFFT & GRUBER, LLP
y?
Rox e a
Atto y I.D. # 87406
Attorneys for Plaintiff
Hempfield Center, Suite 300
930 Red Rose Court
Lancaster, PA 17601
(717) 293-9293
152090.1
`) r`-J
c__?
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_?
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-05747 P
CnMMONWEALTH 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
f1T.TT T)TT"T) TS/\Ti1-1 L1 nTTTT TITTT/" r4r%
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 answers,
Docketing 18.00 f
Out of County 9.00
Surcharge 10.00 R. Thomas K1' e
Dep Lancaster Cc 84.90 Sheriff of Cumberland County
Postage 2.33
124.23 ? il/a,ln7
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: 2007-05747 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 answe
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 V 1i joy jo,
10/26/2007
RUSSELL KRAFFT GRUBER
Sworn and subscribe to before me
this day of ,
A. D.
1r OF 2 SHERIFF'S OFFICE
50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200
H
Cn
n
SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY.
PROCESS RECEIPT, and AFFIDAVIT OF RETURN D4 NOT DETACH ANY COPIES. ?
1 PLAINTIFF/S/ 2 COURT NUMBER
Thos Sanerville Co et al 07-5747 civil
3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT x
Charter Hanes Building Co et al Notice & Mechanics's Lien Cla'
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 0mtha-rl and Now, nrt-r bs-r d 20 07 , I, SHERIFF OF COUNTY, PA., do hereby dep?V}IZe the Sheriff f
ra?+ Ar County to execute this Writ an rettsfiS thereof acc
to law. This deputation being made at the request and risk of the plaintiff.
- F SHERIFF OF VWP?COUNTY
SPECIAL
INFORMATION
IN
Please mail return of service to Cufnberland County Sheriff.
U
Cutnberland
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
8. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 1 1. DATE
12. SEND NOTICE OF SERVICE COPY TO.NAME AND ADDRESS BELOW: (This area must be completed if notice is to
RUSSELL, KRAFFT, & GRUBER
HEMPFIELD CENTER, STE. 300
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date
orcomplaintas indicated above. I .TnrVTP MTrrTrRF 7L7_?Qi'1_7?(1Q 10/9/07 10/31/07
16.1 hereby CERTIFY and RETURN that 10 have personally served, rave 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) 0 No Service
al
Tc >, 3 s) I _ l " • t n )n A-.15 vS 1--n t - 1 z V)? IAT n K , t ti0Q 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)
E
?a-23y? ?=3a
T
23. ATTEMPTS gate Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int.
12,31 MOH
24. Advance Costs 25. Service Costs 26. Notary Cert. 27 Mileage/P s e/N.F. 28 otal C ts? 29 CO T D$ f?P R REFUND
17? 50
1. WHITE - Issuing Authority 2. PINK - Attorney 3.
30. REMARKS..'....IrM.,....?........ ..?.. ..,. -
NOTARIAL SEAL
S.T. PATRIPiA A. DEIHL. Notary. Public
LandsterCtly,LancasterCCaunty ?l V?3
My Commission gxp(res July 13, 2009
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2 OF2 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.
1 PLAINTIFF/S/ O
2 COURT NUMBER
Thos Somerville Co et al 07-5747 civil x
3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT 3
O
Charter Hanes Building Co et al Notice,& Mechanics' Lien Claim Cn
SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO BE SERVED
Charter Hanes 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, October 4 20 07 1, SHERIFF OF COUNTY, PA., do hereby eputize the Sh r' -of
Lancaster County to execute this Writ turn th reo di
to law. This deputation being made at the request and risk of the plaintiff.
SHEF Or CO TV
S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CLmlberland
Please mail return of service to Ctnnberland 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 Flo. TELEPHONE NUMBER 11 1. DATE
12. SEND NOTICE OF SEAMCTZd 1PV O AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
RUSSELL, KRAFFT, & 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
13.1 acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15 Expiration/Hearing date
or complaint as indicated above. ( JACK TE MICCICHF 71-7?can_??nca
16. 1 hereby CERTIFY and RETURN that I ? 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.
i /. Li i nereoy certiry and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
18 Name
l?a)ndtitle of m rvidual served (if not shown above) (Relationship to Defendant) 19.
EN tJ 1r1'02_ C, ' 1 vD A S&i Tnvv -r 'n V t CC-y0kT-{ (?? ? No servios
See Remarks Below (No. 30)
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)
(4- Z3-('7 3 = 30
23. ATTEMPTS D1to Miles Dep. It. Data Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int.
I°.23
24. Advance Costs 25. Service Costs 26. Notary cart. 27. Milee/Postage/N.F. 28 Total Costs 29. COST DUE OR REFUND
rfy)N7
REMARK
Commonwealth of Pennsylvania
MOOO
S.T.A.: NOTARIAL SEAL
PATRICIA A. DEIHL. Notary Public,:
Lancaster City, Lancaster Couray
AY Commission Expires July 13, 2009
31. AFFIRMED an bi
4. ?U70,
3
37.
to before me this
Ify/notary Yu
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33
4 , v !
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office
s. ,
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3AI-D )
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOS. SOMERVILLE CO. and NO. 07-5747 MLD
SNYDER'S PLUMBING, INC. :
Plaintiffs,
MECHANIC'S LIEN
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 ,
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 *1 2008
i- w
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
V, /&_4
Susan V. Metcalfe
Counsel for Defendants
Dated: January 2 1 2008
;....? i._. 1
is ; i?
?? ?
??
,--,+
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC.,
Plaintiffs
vs.
No. 07-5747 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. 07-5747 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, FFT & GRUBER, LLP
By:
Aaron K. Zeamer
Attorney I.D 20578
Hempfield ent ite 300
930 Red Rose Court
Lancaster, PA 17601
(717) 293-9293
2
No. 07-5747 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
well
Krafi.,
&GrLberLLP
I lempfield ('enter. Suite 300
910 Red RO Se C'uurt
Lancaster, Penns, Dania 176111
fit\
%? %.rkglim.com
uk_ a rk,Lluti , unt
December 3 1, 2008
Mr. Dave Snyder
Snyder's Plumbing
46 Tower Drive
Elizabethtown, PA 1702?
RE: Litigation vs. Charter Homes
Dear Mr. Snyder:
Crai-, V. Russell
Gary G. Krafft
Jon N1. Gruber
C'liriaina I. Ilau',ner
Holy S. Filius
Julie 13. Miller
Nlartlwc k A. Grosh
Amon K. Leamer
Of Counsel
Dii? ILI F Greer
Thonrts L. Goodman
This letter will serve as formal notice that Russell, Krafft. &: Gruber. LLP is ?,tithdrawing
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 Nmember 10. 2008 email requesting a meetinL' Mth %ou to estahlish a formal
attorney client relationship. and because of the Outstanding balance Nou 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
your behalf to which the Defendants have answered and raised defenses to your claim. A Repl}
was then filed on your behalf to the Defendants' 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 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: 108 West Main Stmt. I.I loaf,, F'enn> i.,u(ia 1-?_ (71 (717) 73S--32'56
WilloN% Street ( flice: 1-421 Willos Street Pike. A\ Ilk- Strect. Penn,sls;uiia 1 75X4 171 7) 404-2'-1i
Mr. Dave 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 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 mechanics 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 tiled 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, be advised that you have
two (2) years from the date of the mechanics lien to file the appropriate pleadings to obtain a
Md-umem on such alien.
Thos. Somen1lle Co. and Snyder's Plumbing, Inc. vs. 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 tiled and perfected on
behalf of both you and Thos. Somerville Co. The mechanic's lien ryas filed on November 15,
2007. No further action has been taken to obtain a judgment on that lien. .,lgain, 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.
6. In the relnalning files relating to The Preserve 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 tiled, or
due to the property being sold by Charter Homes prior to us being able to file a mechanics lien.
Please he advised that you may still have other civil remedies acainst Charter flomes in these
matters. however, a mechanic's lien will no longer be an option.
13e advised that we are \\ithdrawing our representation on hehalf of' Dave Snider and
Smdcr-s Plumbin,: ho\\c?cr, \\C M11 remain counsel 01' record fir -Mhos. Somerville Co. ?uicf
may still pursue collection on their behalf. )'our 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 clue. Be advised that we will pursue the collection
of this amount if'you fail or refuse to pay.
Very truly VoUrs.
Aaron K. Zeamer
AKZ:kss
1-14f, I
R L•,n? OIliac.
&GrLiberLLP
Hempfield Center, Suite 300
930 Red Rose Court
Lancaster. PennsN 1%ania 17601
t717) 292-92(3
Fax(717)21) 3-5130
www. rkcIitwcorn
DAVE SNYDER
SNYDER'S PLUMBING
46 TOWER DRIVE
ELIZABETHTOWN, PA 17022
Client No. 012772
Matter No. 2:
SNYDER, DAVE
COLLECTIONS - CHARTER HOMES II
December 30, 2008
Invoice #6310
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:
217.79
TOTAL BALANCE DUE:
e,
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
&GrLiberLLP
Ilernpfield Center, Suite 300
930 Red Rase Court
Lancaster, Penns} Ivama 1 7001
171?) 293-0293
Fat (717) 293-5130
www.rkg1m,i.com
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 "I"k
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. 07-5747 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
Susan V. Metcalfe, Esquire
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
RUS
Dated: January 21, 2009
& GRUBER, LLP
Attorney'I.D. # 20 784
Hemp r, Suite 300
930 Red Rose Court
Lancaster, PA 17601
(717) 293-9293
178354.1
I-rl
?z
a?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOS. SOMERVILLE CO. and
SNYDER'S PLUMBING, INC., :
Plaintiffs
VS.
No. 07-5747 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.
179260.1
No. 07-5747 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.
& GRUBER, LLP
Attorney # q W84
Hemp nter, Suite 300
930 Red Rose Court
Lancaster, 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. 07-5747 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 Susan V. Metcalfe, Esquire
Snyder's Plumbing, Inc. 100 Pine Street
46 Tower Drive P.O. Box 1166
Elizabethtown, PA 17022 Harrisburg, PA 17108-1166
Ms. Beth Crowley
Regional Credit Manager
Thos Somerville, Inc.
16155 Trade Zone Avenue
Upper Marlboro, MD 20774
RUS
B
Attorney j-K# 2
hemp l er, Suite 300
930 Re ose Court
Lancaster, PA 17601
(717) 293-9293
LLP
k
,
ire
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. 07-5747 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.
Aaron K. Zeamer, Esq.
930 Red rose Court
Lancaster, PA 17601
Attorney for Defendant
Snyder's Plumbing, Inc.
99
:rc
BY THE COURT,
ry
i I I.7o??'tl W?L?.%+l
Z ? ?6 ? ? 1833;6??1Z
sS.%'??`?'!,i?Y??,i ???
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. 07-5747 MLD
Defendants :MECHANIC'S LIEN
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 L f
Brian K. Zellner, Esquire
Supreme Court ID #59262
2608 North 3rd Street
Harrisburg, PA 17110
(717) 774-1357
Attorney for Plaintiff
E` A -!
^J
c'1
AARON K. ZEAMER, ESQUIRE
ATTORNEY I.D. # 205784
RUSSELL, KR.AFFT & 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. 07-5747 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. 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 13, 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.
181073.1
No. 07-5747 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
i. -
Aaron K. Ze er
Attorne # 2 84
Hem eld r, 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. 07-5747 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
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
/4,ancaster, PA 17601
Attorney for Defendant
Snyder's Plumbing, Inc.
T c
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. 07-5747 MLD
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT VERSANT, INC.
Defendants
CERTIFICATION OF SERVICE
I hereby certify that on the 13th 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, Postaize Prepaid, Addressed as Follows:
Snyder's Plumbing, Inc. Susan Metcalfe, Esquire
Mr. Dave Snyder 100 Pine Street
46 Tower Drive P.O. Box 1166
Elizabethtown, PA 17022 Harrisburg, PA 17108-116
Beth Crowley, Regional Credit Manager
Thos. Somerville, Inc.
16155 Trade Zone Avenue
Upper Marlboro, MD 20774
RUS
L?FFT & GRUBER, LLP
Aaron K. Ze r
Attorne D. # 784
Hem enter, 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. 07-5747 MLD
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT VERSANT, INC.,
Defendants
CERTIFICATION OF SERVICE
I hereby certify that on this 6 h 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
RUSSELL, I;RAFFT 8; GRUBER, LLP
By:
Attorney 1.?K#2057841
Hempfield uite 300
930 Red Rose Court
Lancaster, PA 17601
(717) 293-9293
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MAR 2 4 20M
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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. No. 07-5747 MLD
CHARTER HOMES BUILDING CO., and
CHARTER HOMES AT VERSANT, INC.,
Defendants
ORDER
AND NOW, this _ day of _W,2009, upon consideration of the attached
Motion, no response having been made by Snyder's Plumbing, Inc. this Courts 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.
BY THE COURT:
'--7 J.
cc: Aaron K. Zeamer, Esquire
Russell, Krafft & Gruber, LLP
930 Red Rose Court
Suite 300
Lancaster, PA 17601
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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 VERSANT, INC. : NO. 07-5747 MLD
Defendants :MECHANIC'S LIEN °0 - c )
PRAECIPE TO DISMISS AND DISCONTINUE rya
TO THE PROTHONOTARY:
Kindly dismiss and discontinue the action for Plaintiffs, Thos. Somerville Co. and
Snyder's Plumbing, Inc., with prejudice.
Date: nt-3 ()P ��
aron K. Zeamer
Supreme Court ID # ! 84
Hempfield Center uite 300
930 Red Rose Co
Lancaster, PA 1760
(717) 293-9293
Attorney for Plaintiff Thos Somerville
Date: ,1 1 n 1 13 1l....
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.
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