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HomeMy WebLinkAbout08-5367 KAPLIN STEWART MELOFF REITER & STEIN, P.C. BY: Justin A. Bayer, Esquire Attorney I.D. No. 93546 Union Meeting Corporate Center 910 Harvest Drive, P.O. Box 3037 Blue Bell, PA 19422-0765 Phone (610) 941-2549 Attorneys for Claimant, Fax (610) 684-2007 Mid South Building Supply MID SOUTH BUILDING SUPPLY 7940 Woodruff Court Springfield, VA 22151 Claimant JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 V. TO: JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Respondent NO. (78 - 5.3(0?l MECHANICS' LIEN CLAIM MLD NOTICE IS HEREBY GIVEN that Mid South Building Supply ("Claimant") a company which maintains a business address at 7940 Woodruff Court, Springfield, VA, 22151, asserts a Mechanics' Lien Claim under and pursuant to the Pennsylvania Mechanics' Lien Law of 1963, and amendments thereto, 49 P.S. §1101, et seq. (the "Lien Law"), in the amount of $9,770.02, exclusive of accrued interest and costs, against the building at 1255 Claremont Road, Carlisle, PA 17015, and against any leasehold interest in the Real Estate. The Real Estate is more fully described in the legal description to Deed attached hereto as Exhibit "A" and incorporated herein by reference. 1. The property which is subject to Claimant's Mechanics' Lien claim includes the leasehold interest in the Real Estate located at 1255 Claremont Road, Carlisle, PA 17015. 1373691x.1 JAB:JAB 2. Claimant's lien claim is based on materials supplied by Claimant as a material supplier under and pursuant to a Sales Orders. 3. The nature and character of the material supplied by Claimant are four 22" x 20' Smooth round fiberglass columns with job site delivery, a true and correct copy of an Invoice sent to Castle Windows is attached hereto as Exhibit "B". 4. The amount currently due and owing Claimant for which this Mechanics' Lien Claim is made is $9,770.02, exclusive of accrued interest and costs. Claimant reserves its right to claim a Mechanics' Lien Claim for additional work performed on the Real Estate pursuant to the Subcontract and for which it is not paid. 5. Claimant last performed labor and supplied material under the above-referenced Subcontract on or about April 15, 2008. 6. Claimant files this lien as a subcontractor on a construction project at the Real Estate. 7. Claimant served a Formal Notice of its Intention to File a Mechanics' Lien Claim on John E. Mumma on August 4, 2008, a true and correct copy of which along with the certified mail documenting receipt is attached hereto as Exhibit "C". 8. By filing this claim, Claimant does not waive or intend to waive, modify, or in any way impair or postpone its rights to submit or resolve any claim which it has, arising out of its performance under the Subcontract, in an arbitration or other proceeding in which Claimant is entitled to assert a claim as a matter of law or equity. 9. The Real Estate subject to such lien and for the improvement of which said services were performed, is briefly described as follows: 1255 Claremont Road, Carlisle, PA 17015. 1373691x.1 JABJAB KAPLIN STEWART MELOFF REITER & STEIN, P.C. BY: 1, 6 ' A.BAYER, ESQUIRE Dated:/ 910 4r, Attorheys for Claimant, Mid South Building Supply 1373691v.1 JAB:JAB VEREnCATION I, Brenda Jews, verify that I am the Credit Mai uex of Clain mL Mid South Bail" fly and that I on authorized to make this Verification, on behalf of Claimant. hfid South g, jmjqjy, and that the facts set forth in the foregoing Mechanics' Lien Claim are mm and correct to the best of my kwwladge, info®ation and be. I lmdeastand dw the sbkmcns herein am made subject to the penalties of 18 Pa.C.S.A. s § 4904 relating to unswom falsification to aAborities. 3ignatln?e Brenda Jenkins Name (Type or Print) Date: 0 y,'"• O/ r If 1373691x.1 JABJAB EXHIBIT "A" 1373691v.1 JAB:JAB 09/08/2008 12:20 7172332730 UIVTS81FamNy ?av/lglent DlrsctorylMurrxna,IVDaeds .B EgUIPMOnt-WO RECORDATION REQUESTED BY: Maria P. Cognetd & Associates 210 Grandview Avenue, Ste. 102 Camp His, PA 17011 (717) 909-4060 WHEN RECORDED MAUL TO: Maria P. Cognetd & Associates 210 Grandview Avenue, Ste. 102 Camp 0111, PA 17011 (717) 9094WM TAX PARCEL NO. 21-19-1633-034 SEND TAX NOTICES TO: Mr. Jobn E. Mumma P.O. BOX 158 Carlisle, PA 17013 SECURITY SEARCH PAGE 02/05 y ;t Jr DEEDS :JEf RID COUNTY 03 RUG 21 RED 1107 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY THIS DEED, Made the a,sl'day of Fmk , 20039 BETWEEN JOHN E. MUMMA and MAUREEN A. MUMMA, hereinafter designated as the Grantor(s), AND JOHN E. MUMMA, hereinafter designated as the Grantee(s). WITNESSETH, that the Grantor(s) for and in consideration of One Dollar ($1.00), lawful money of the United States of America, to the Grantor(s) in hand well and truly paid by the Grantoe(s), at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor(s) being therewith fWly satisfied, do(es) by these presents grant, bargain, sell and convey unto the Grantee(s) forever. ALL THAT CERTAIN piece or parcel of land, situate in Middlesex Township, Cumberland County, Pennsylvania, being designated as Lot 3 on a Plan of Lots known as R B Industrial Development, approved by the Board of Supervisors of Middlesex Township and filed and recorded by R B Equipment Co. on December 15, 1977, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 31, Page 136, and being further bounded and described therein as follows, to wit: ,P,)9? C?8 Pt1,I.4-J20 09/08/2008 12:20 7172332730 SECURITY SEARCH PAGE 03/05 3 AVTSWamlly LeMAOWnt M6cbr0MMrna ADeeftMR,8 EqW ment.wpd BEGINNING at a point at the southeastern corner of Lot No. 5 on said Plan of Lots on the western side of Lot No. 7 on said Plan of Lots; thence along the western side of said Lot No. 7 south twenty seven (27) degrees twenty four (24) minutes thirty (30) seconds east a distance of three hundred sixty (360.00) feet to a point in the center line of Legislative Route 21066, also known as Claremont Road; thence along the center line of said Claremont Road south sixty two (62) degrees thirty five (35) minutes thirty (30) seconds west a distance of three hundred (300.00) feet to a point in the center line of said Legislative Route 21066; thence along the eastern side of a road known as Stover Drive on said Plan of Lots* a distance of three hundred sixty (360.40) feet to a point on the eastern side of said Stover Drive at the southwestern corner of Lot No. S on said Plan of Lots; thence along the southern side of Lot No. 5 on said Plan of Lots north sixty two (fit) degrees thirty five (35) minutes thirty (30) seconds east a distance of three hundred (300.00) feet, to a point the PLACE OF BEGINNING and having erected thereon a two-story stone and cinder block office and commercial building as well as a one-story storage facility as indicated on said Plan of Lots. * North 27 degrees 24 minutes 30 seconds west, UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING THE SAME PREMISES which R.B. Equipment Co., by its deed dated October 23,1979 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed. Book S28, Page 433, granted and conveyed to John E. Mumma and Maureen A. Mumma, Grantors herein. THIS is a transfer between husband and wife and is therefore wholly exempt from Realty Transfer Tax. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor(s) both in law and in equity, at, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee(s) and to the Grantee(s)' proper use and benefit forever. AND the Grantor(s) covenant(s) that, except as may be herein set forth, helshelthey do(es) and will forever dpeeially wurant and defend the lands and premises, hereditaments and appurtenances hereby convoyed, against the Grantor(s) and all other persons lawfully claiming the same or to claim the same or any part thereat by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require, bou 268 Prf,1021 09/08/2008 12:20 7172332730 SECURITY SEARCH PAGE 04105 -1 1WTsstFamily t.avAgVent D uffvna'J\D*9"\R.B Equfpmbnt.wpd Wherever in this instrument any party shallbe designated or referred to byname or general reference, such designation is intended to and shall have the same effect as ifftt ewword "b ' ?h and administrators, personal or legal representatives, successors and assigns every such designation. IN MESS WHEREOF, the Grantor(s) has(ve) hereunto set his/her/theirhand(s) and seal(s) the day and year first above written. Signed, Sealed and Delivered in the presence of ohn E. Mumma Maureen A. Mumma COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Bunn ecgi-An b BE IT REMEMBERED, that on Z Os 4 'I , 2003, before me the subscriber personally appeared John E. Mumma, known to me (or satisfactorilyproven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes th,? contained. IN WITNESS WHEREOF, I hereunto set my hand and goicial seal. N aNd ftd AAAjij Kwon A. $hNX N fty Pdit FWe?em4t?banonooinly N tary Public OnEwdodm E 14 90W COMMONWEAL F MIA SS. COUNTY OF [)VV p k i n ) e.::.. 1 .•''' . . BE TT REMEMBERED, that on 2003, L-11UPS-4 S' personally appeared Maureen A. Mu wn to me (or satisfactorily lmoven re name is subscribed to the within instrument and acknowledged that she executed the sane therein contained.. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nub" ftM F+abkta L ?y pubuo ? ??'irv?sooa PIIF Notary Public book 258 PAGL4322 09/08/2008 12:20 A W A 7172332730 lz w? O H w 0 y ( •? s y 00 V1 c BOO, i t SECURITY SEARCH e? w A M pim.4J23 w PAGE 05/05 F0 u VVO o N 1 Certify this to be recorded Ir? Cumberland Comity PA Recorder of Deeds EXHIBIT "B" 1373691v.1 JAB:JAB 0 MID SQeimift SOPON 11M 00% Employee Owned Distributor of Building Products BILLING INQUIRIES ONLY: (703) 321-4004 ** 0 U P L I C A T E *** 563834 .4o, To. CARLISLE ELECTRIC 1255 CLAREMONT RD. CARLISLE. PA 17013 !YLLTOI Castle Windows 17-A Brenneman Circle Mechanicsburg, PA 17055 sa.?rtis :*+•: BOB SILESF01. Effective August 1. 2008. be in effect on all sidin } many of our window offeri Representative for furthe BWI 5020445 BLK BRIDGEWATER# 633580 } 6W1 5046999.01 !. 22"X 20' SMOOTH ROUND FIBERG 2 MIT 5046999.02 Jt)B SI(41T DELIVERY i 2 Lines Total i i last Page r NA. PA- T51-6611 ) :162-137! INVOICE Invoice due 30 days from invoice date. 'AREABiNC 000000 04/18/08 5046999.00 10/18/07 CARLISLE ELECTRIC. 1 oowVEIPPO DEMM O: MID SOUTH BUILDING SUPPLY. INC. 7940 WOODRUFF COURT SPRINGFIELD, VA 22151-2122 Het 30 MID SOUTH-CAMP HILL deliver 04/18/08 lu i1 a3%11 e your 0 0 Total ............................... . ......... ................. ......................... .............................. 0)970233 701~ (6WyY123171 34041727 9012.00 205.00 9217.00 553.02 9770.02 Fnd aril VA: Rldmond0?E6B0A =??M11 (B00)SU-31 0 31 EXHIBIT "C" 1373691v.1 JAB:JAB File,296 [PA][PRIVATE.) Notice Requested by and Return to: I Customer: Castle Windows Mid South Building Supply I Project: Carlisle Electric J Rec ID: 2E9QOOa5 7940 Woodruff Court ] Job #: 563834 SPRIVGrIELD, VA 22151 1. Cert No.: '70U6 01W =T5 LGQ6 6q35 FMAL NMI= TO OMA (49 PA. Cons. l9twt. see. 1501 (c) ) TO THE OWNER OR REPUTED OWNER Carlisle Xlectir-to C/O Tohn E. MLIMs, 1255 Cisreamt Road C?1RI.IS7 , % 1.7015 TO THE. LENDER, SURETY OR B09DINO CO. TO THE ORIGINAL\REPUTED CONTRACTOR. Castle Windows 17A Brenneman Circle MRCHWICSBUR;G,. PA 17050 FROM THE LIEN OR STOP NOTICE CLAIMANT Md'South Building supply 7940 Woodruff Court SPRnMF'IELD, VA 22151 The undersigned claimant, Mid South Building Supply, intends to file a claim of lien and atop notice, where appreciable, against the building, erection or improvement described as the Carlisle Electric project, located at 1255 Claremont Road, CARI.ISI.E., PA 17015. The specific contract information is for Our Job/r=voice #1.563834 (note attached statement, if any). The name and address of the owner or reputed owner is: Carlisle Electric C/O John E.. 'Momma, 1255 Claremont Road, CARLISLE, RA 17015. Said improvements or services are described as follows; Columns The amount is due from Castle windows, 17A Brenneman Circle; MECHANICSBURG, PA 17050. The amount due is $9,770.02, which dries not include service charges or interest. Reasonable fees may be added. The last date said materials or improvements were furnished was 4/15/2009. The attached invoices or statements are a true and accurate account of materials, equipment or labor supplied. Unless we receive payment by 091291,2008 s c=laim map be filed. VERIFICATION I declare that. I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Columbia, Maryland on 01/30/2008 for MID SOUTH BUILDING SUPPLY. Prepared by: Brenda Jenkins, Credit Manager Phone: (70-3) 321-8201 Fax: (703) 321-7801 .......... ?- a • Dint 3twi' nd 0 00 tW we* OW MWM tqe card to you It AUl h 1WeWdIa #V back of 0* maloWw, or C panArob" 4m-* QiF m, f epac? p , 7. Arm yto 0. #adellAwy*=u* " *MftM" YA B y% *09r dQvOfy &kinw glow: ? No Carlisle Ekwtrx C/O John E. l4umma 1255 Claremont Read Carlisle, PA 17025 1 0 apftf Ma 0 0 abm ? t+kugder 4 R"WO&W DeYvaryrt ?ktra Fes) ? rea 7006 0100 0005 6026 8935 PS Forin 3811, i'004 Doq? Rehm PAoMpt ,ors?sur-M-,so 9?s Sv O ??. .-: 00 94 - MID SOUTH BUILDING SUPPLY, : IN THE COURT OF COMMON PLEAS Claimant : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN E. MUMMA , Defendant NO. 08-5367-MID PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly Enter the appearance of RON the above-captioned matter. . on behalf of the Defendant in o Turo, Esquire A rney ID No. 34334 Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 FAX (717)245-2165 Date: September 26, 2008 Attorney for Defendant ? -n r: rTl -r -a Fq j` ?;?? GJ rri n csa KAPLIN STEWART MELOFF REITER & STEIN, P.C. BY: Justin A. Bayer, Esquire Attorney I.D. No. 93546 Union Meeting Corporate Center 910 Harvest Drive, P.O. Box 3037 Blue Bell, PA 19422-0765 Phone (610) 941-2549 Fax (610) 684-2007 MID SOUTH BUILDING SUPPLY 7940 Woodruff Court Springfield, VA 22151 Claimant V. JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 Respondent Attorneys for Claimant, Mid South Building Supply IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO. 2008-05367 AFFIDAVIT OF SERVICE COUNTY OF MONTGOMERY COMMONWEALTH OF PENNSYLVANIA : ss I, JUSTIN A. BAYER, being duly sworn according to law, depose and say that: I am more than eighteen (18) years of age; 2. I am not personally involved in the above-captioned mater; and 3. I caused the Cumberland County Sheriff to serve the Mechanic's Lien Claim in this action on the l 0th day of September, 2008, upon Respondent at Respondent's last known address, 1255 Claremont Drive, Carlisle, PA 17015. A true and correct copy of the Sheriff's Return of Service is attached hereto as Exhibit " JUS A. BAYER, SQUIRE Sworn to and Subscribed: Before me this 4:?" Day: Of 6e4yLeAj, 2008: , IWA-4.0h4mbd Notary Public 1378057v.1 JAB:ALS UNd1 H. =LAYM NoRistown, Moab: Ca.; flA My Commission is *0 ,IlW up M10i JAV llflll?Mlo shduq M 3 f r i? 7 A ems,u hWevaw EXHIBIT "A" 1378057v.] JAB:ALS } Sep.25. 2008 10:05AM ari?xlrr 5 RETURN -- REGULAR CASE NO: 2008-05367 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID SOUTH BUILDING SUPPLY VS MUMMA JOHN E MICHELLE GUTSHALL No. 1856 P. 1 , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon MUMMA JOHN E the OWNER at 1056:00 HOURS, on the 10th day of September, 2008 at 1255 CLAREMONT ROAD CARLISLE, PA 17015 by handing to JOHN MUMMA a true and attested copy of MECHANICS LIEN CLAIM together with and at the name time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/15/2008 KAPLIN STEWART, FF REITER By: Deputy Sheri of A. D. rz ?y c CJ Fry... Gs?_ ? _ W rn SHERIFF'S RETURN - REGULAR CASE NO: 2008-05367 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID SOUTH BUILDING SUPPLY VS MUMMA JOHN E MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM MUMMA JOHN E OWNER the , at 1056:00 HOURS, on the loth day of September, 2008 at 1255 CLAREMONT ROAD CARLISLE, PA 17015 JOHN MUMMA was served upon by handing to a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 )bI drIlor C?^ .00 33.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/15/2008 KAPLIN STEW T MELOFF REITER By: Deputy Sheriff of A. D. KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: JUSTIN A. BAYER, ESQUIRE ATTORNEY I.D. #93546 510 Swede Street AITTORNEYFOR CLAIMANT, Norristown, PA 19401 Mid South Building Supply (610) 275-2000 MID SOUTH BUILDING SUPPLY CUMBERLAND COUNTY 7940 Woodruff Court COURT OF COMMON PLEAS Springfield, VA 22151 Claimant V. JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 Respondent NO. 08-5367 MLD ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance as counsel for Claimant, Mid South Building Supply, in the above-captioned matter. KANE, PUG BY: JUS KNOELL, TROY & KRAMER, LLP A. BAYER I.D. #93546 DATED: October 6, 2008 CO r ` al t,c't - MID SOUTH BUILDING SUPPLY 7940 Woodruff Court Springfield, VA 22151 Claimant V. JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 Respondent : CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 08-5367 MLD YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: JUSTIN A. BAYER, ESQUIRE ATTORNEY I.D. #93546 510 Swede Street ATTORNEY FOR CLAIMANT, Norristown, PA 19401 Mid South Building Supply (610) 275-2000 MID SOUTH BUILDING SUPPLY 7940 Woodruff Court Springfield, VA 22151 Claimant V. JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 CUMBERLAND COUNTY COURT OF COMMON PLE Respondent NO. 08-5367 MLD -Ixe COMPLAINT TO ENFORCE MECHANICS LIEN CLAIM 1. Plaintiff, Mid South Building Supply is a company that maintains a business address at 7940 Woodruff Court in Springfield, Virginia 22151. 2. Defendant, John E. Mumma, is an adult individual who maintains a residence or Place of business at 1255 Claremont Road in Carlisle, Pennsylvania 17015. 3. On April 15, 2008, Plaintiff supplied four 22" x 20' smooth round fiberglass columns with job site delivery to Defendant, John E. Mumma. 4. The contractor with whom Plaintiff subcontracted in connection with this claim is Castle Windows, a company located at 17A Brenneman Circle in Mechanicsburg, Pennsylvania 17050. 5. Plaintiff filed a Mechanics' Lien Claim on September 9, 2008, in the Court of Common Pleas of Cumberland County in the amount of $9,770.02. A true and correct copy of the Mechanics' Lien Claim is attached hereto and marked as Exhibit "A". 6. To date Plaintiff has not received payment in the amount of $9,770.02 from either Castle Windows or defendant. 6. The amount of Plaintiffs claim is $9,770.02 plus interest and costs. WHEREFORE, Plaintiff, Mid South Building Supply, demands judgment against the defendant in the sum of $9,770.02, with interest from April 15, 2008, plus all costs. Respectfully submitted, KANE, PUSH, KNOELL, TROY & KRAMER, LLP BY: A. BAYER, ESQUIRE for Plaintiff VERIFICATION I, Brenda Jenkins, verify that I am the Credit Manager of Claimant, Mid South Building Supply and that I am authorized to make this Verification on behalf of Claimant, Mid South Building Supply, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 related to unsworn falsification to authorities. Signature Brenda Jenkins Name (Type or Print) Date: EXHIBIT "A" KAPLIN STEWART MELOFF REITER & STEIN, P.C. c' BY: Justin A. Bayer, Esquire c? -_-i Attorney I.D. No. 93546 _ - r Union Meeting Corporate Center 910 Harvest Drive, P.O. Box 3037 Blue Bell PA 19422-0765 Phone (610) 941-2549 Attorneys for Claimant, Fax (610) 684-2007 Mid South Building Supply -? L ? MID SOUTH BUILDING SUPPLY : IN THE COURT OF COMMON PLEAS 7940 Woodruff Court : CUMBERLAND COUNTY Springfield, VA 22151 V. JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 TO: JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 Claimant Respondent : NO. 08 - 5a&7 1?Il.,p MECHANICS' LIEN CLAIM NOTICE IS HEREBY GIVEN that Mid South Building Supply ("Claimant") a company which maintains a business address at 7940 Woodruff Court, Springfield, VA, 22151, asserts a Mechanics' Lien Claim under and pursuant to the Pennsylvania Mechanics' Lien Law of 1963, and amendments thereto, 49 P. S. §1101, et seq. (the "Lien Law"), in the amount of $9,770.02, exclusive of accrued interest and costs, against the building at 1255 Claremont Road, Carlisle, PA 17015, and against any leasehold interest in the Real Estate. The Real Estate is more fully described in the legal description to Deed attached hereto as Exhibit "A" and incorporated herein by reference. 1. The property which is subject to Claimant's Mechanics' Lien claim includes the leasehold interest in the Real Estate located at 1255 Claremont Road, Carlisle, PA 17015. 1373691v.1 JAB:JAB 2. Claimant's lien claim is based on materials supplied by Claimant as a material supplier under and pursuant to a Sales Orders. 3. The nature and character of the material supplied by Claimant are four 22" x 20' Smooth round fiberglass columns with job site delivery, a true and correct copy of an Invoice sent to Castle Windows is attached hereto as Exhibit "B". 4. The amount currently due and owing Claimant for which this Mechanics' Lien Claim is made is $9,770.02, exclusive of accrued interest and costs. Claimant reserves its right to claim a Mechanics' Lien Claim for additional work performed on the Real Estate pursuant to the Subcontract and for which it is not paid. 5. Claimant last performed labor and supplied material under the above-referenced Subcontract on or about April 15, 2008. 6. Claimant files this lien as a subcontractor on a construction project at the Real Estate. 7. Claimant served a Formal Notice of its Intention to File a Mechanics' Lien Claim on John E. Mumma on August 4, 2008, a true and correct copy of which along with the certified mail documenting receipt is attached hereto as Exhibit "C". 8. By filing this claim, Claimant does not waive or intend to waive, modify, or in any way impair or postpone its rights to submit or resolve any claim which it has, arising out of its performance under the Subcontract, in an arbitration or other proceeding in which Claimant is entitled to assert a claim as a matter of law or equity. 9. The Real Estate subject to such lien and for the improvement of which said services were performed, is briefly described as follows: 1255 Claremont Road, Carlisle, PA 17015. 137369]v.1 IAB:JAB Dated: 9 0 f KAPLIN STEWART MELOFF REITER & STEIN, P.C_ G BY: JUS A.BAYER, ESQUIRE Atto eys for Claimant, Mid South Building Supply 1373691v.1 ]ABJAB VERIFICATION I, Brenda Jenkins, verify that I am the Credit Manaster of Claimmt. Mid South Bui &4 aM& and that I am authorized to make this Verification on behalf of Claimant. Mid S u?tli Buil ft Sutmly and that the fads set forth in the foregoing Mechanics' Lien Claim are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.SA. § 4904 relating to unswom falsification to authorities. Sigoat6M Brenda Jenlrins Name (Type or Print) 9 o? Date: 137M91v.1 JABV3 EXHIBIT "A" 1373691v.1 1ABJAB 09/08/2000 12:20 7172332730 . 1?`S 3s-, t q \\NTSMFamily LawACllen, Diree cwyxmUmma-ADe-9ds1R.B EpulpmenLwpd RECORDATION REQUESTED BY: Marla P. Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp HID, PA 17011 (717) 909-4060 WHEN RECORDED MAL11. TO: Maria P. Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp HOI, PA 17011 (717) 909-4060 TAX PARCEL NO. 21-19-1633-034 SEND TAX NOTICES TO: Mr. Jobn E. Mumma P.O. Bo: 158 Carlisle, PA 17013 SECURITY SEARCH RAGE 02105 I/ 11L.1 OF nEEDS 3ERLAtI[1 04Ut4TY - 11% 03 RUG 21 R!? it 07 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY THIS DEED, Made the a571'day of Fzk/-C , 2003, BETWEEN JOHN E. MUMMA and MAUREEN A. MUMMA, hereinafter designated as the Grantor(s), AND JOHN E. MUMMA, hereinafter designated as the Grantee(s). WITNESSETH, that the Grantor(s) for and in consideration of One Dollar ($1.00), lawful money of the United States of America, to the Grantor(s) in hand well and truly paid by the Grantco(s), at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor(s) being therewith fully satisfied, do(es) by these presents grant, bargain, sell and convey unto the Grantee(s) forever. ALL THAT CERTAIN piece or parcel of land, situate in Middlesex Township, Cumberland County, Pennsylvania, being designated as Lot 3 on a Plan of Lots known as R B Industrial Development, approved by the Board of Supervisors of Middlesex Township and filed and recorded by R B Equipment Co. on December 15, 1977, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 31, Page 136, and being further bounded and described therein as follows, to wit: ,P a ox 8 R?, i. 4J20 09/08!2008 12:20 7172332730 SECURITY SEARCH PAGE 03/05 UNTS87amlly LsvAGOent Dke Emma ADeedG)R.B Equipment.wN BEGINNING at a point at the southeastern corner of Lot No. 5 on said Plan of Lots on the western side of Lot No. 7 on said Plan of Lots; thence along the western side of said Lot No. 7 south twenty seven (27) degrees twenty four (24) minutes thirty (30) seconds east a distance of three hundred sixty (360.00) feet to a point in the center line of Legislative Route 21066, also known as Claremont Road; thence along the center line of said Claremont Road south sixty two (62) degrees thirty five (35) minutes thirty (30) seconds west.a distance of three hundred (300.00) feet to a point in the center line of said Legislative Route 21066; thence along the eastern side of a road known as Stover Drive on said Plan of Lots* a distance of three hundred sixty (360.00) feet to a point on the eastern side of said Stover Drive at the southwestern corner of Lot No. S on said Plan of Lots; thence along the southern side of Lot No. 5 on said Plan of Lots north sixty two (62) degrees thirty five (35) minutes thirty (30) seconds cast a distance of three hundred (300.00) feet, to a point the PLACE OF BEGINNING and having erected thereon a two-story stone and cinder block office and commercial building as well as a one-story storage facility as indicated on said Plan of Lots. * North 27 degrees 24 minutes 30 seconds west, UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING THE SAME PREMISES which R.B. Equipment Co., by its deed dated October 23,1979 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book S28, Page 433, granted and conveyed to John E. Mumma and Maureen A. Mumma, Grantors herein. THIS is a transfer between husband and wife and is therefore wholly exempt from Realty Transfer Tax. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor(s) both in law and in equity, of, in and to the premises herein desdribed and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee(s) and to the Grantee(s)' proper use and benefit forever. AND the Grantor(s) covenant(s) that, except as may be herein set forth, helshelthey do(es) and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor(s) and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. boon 258 °nr,: )21 09/08/2008 12:20 7172332730 SECURITY SEARCH PAGE 04/05 1i 1WTSMF,MKy LWAC118nl DWgd0MMum-j\DeWMR.8 EQO Pf wnLwpd Wherever in this instniment any party shall be designated or referred to byname or general reference, such designation is intended to and shall have the same effect asp if had been t words t? ?ht?? administrators, personal or legal representatives, successors and assign every such designation. IN WITNESS WHEREOF, the Grantor(s) has(ve) hereunto set his/her/theirhand(s) and seal(s) the day and year first above written. Signed, Sealed and Delivered In the presence of ohn E. Mumma Maureen A. Mumma COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF m6C?l-Anl ) BE IT REMEMBERED, that on ?? • 1 • "'( , 2003, before me the subscriber personally appeared John E. Mumma, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes til ri contained. IN WITNESS WHEREOF, I hereunto set my hand iNtary o cial seal. ' I x NotwW s?o?l Kann A- ?W. M*W RM PsbgraftMLobWMCM*j Public • r `fi=r ntvar•N..ion?ast?yte.2ooe .' . .?'n,% COMMONWEALTHTF 'MMIA SS. - : . COUNTY OF QR V p h ? n ) ?. . BEITREMEMBERED,thaton a2 2003,befgFiAse•¢A,?`; personally appeared Maureen A. Mumma, own tome (or satisfactorily proven}rt name is subscribed to the within instrument and acknowledged that she executed the s. therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nub" sciew ftftla L E! mw ft No joy pubgQ Notary Public [MWCo" ta;a ?? " 6001 258 Pnt4322 1 . 09/08/2008 12:20 7172332730 SECURITY SEARCH PAGE 05/05 ? O T r? N H a> A 00 N may U O 00 m a. ion 25k Al O w w d I Certi fy this to be recorded 1n Cumberland County-PAS - Recorder of Deeds EXHIBIT "B" 1373691v.1 JAB:JAB 0 MMMID SQ- uildbng Snpply, IRL 1001. Employee Owned Distributor of Building Products BILLING INQUIRIES ONLY: (703) 321-4004 **0UPLICATE*** ?;cr 563834 CARLISLE ELECTRIC 1255 CLAREMONT RD. CARLISLE. PA 17013 MLL TO* Castle Windows 17-A Brenneman Circle Mechanicsburg. PA 17055 F4 ac_Ec W. BOB BALES REP. 5UZ rEx1E e : pOts`u Y Effective August 1. 2008.: be in effect on all sidin' f many of our window offeriii Representative for further 8W1 5020445 BLK BRIDGEWATER# 633580 l Ryll5046999.01 22"X 20' SMOOTH ROUND FIBERGt; ? 11141 5046999.02 JOB Shill- DELIVERY i 2 L-,nes Total i INVOKE invoice due 30 days foam invoice date. 000000 04/18/08 046999-00 v 10/18/07 .1 CARLISLE ELECTRIC. COMN'ONDENCETa MID SOUTH BUILDING SUPPLY, INC. 7940 WOODRUFF COURT SPRINGFIELD, VA 22151-2122 ro9 'Y~::R ;r !t30 ;HID; -CAMP MILL deliver 04/18/08 last Qac,W r,,ft,p 1% PA- f: 17j 7414611 Y1OI 3E=-1371 Chwk* s%iW VA: qqasppenkqq VA: Ry?esrtlk, VA: 0)8923171 (434)979.2336 523-7001 lei) F,eGMpepaq,vA WdVnw2-O 601x961 3104996 9012.00 205.00 9217.00 553.02 9770.02 VA: VYFi h"W. Vk r03 t.esoo (540)662.MOD 284111 (BOOT 284.7940 EXHIBIT "C" 1373691 v.1 JAB_JAB File:296 [PA][PRIVATE.J Notice Requested by and Return to: Mid Sduth Building Supply 7940 Woodruff Court SPRINGFIELD, VA 22151 TO THE '('DINER OR REPUTED OWNER Capl#le Electric afo dcbc E. Nub 1255. Claremont Road CRRLISLB, PA 17b.15 TO THE ORIGINAL\REPUTED CONTRACTOR Castle Windov's FROM 'THE LIEN OR STOP NOTICE CLAIMANT M£d: Sont>y Buildinq SUgpky 11A Brenneman Circle 7.940 Woodruff Court bMCH ZC$A=' , PA 17050 sPRINGF+I M, VX 22151 The. undersigned Claimant; Mid South Building Supply, intends to file a claim of lien oud stop notice, whbrq approckable, against the building, erection or improvement described as the Carlisle Electric project, located at 1255 'Claremont Road, 0ML18LE, PA. 17015. TITO speci€'ic contract information is for Our Job/Invoice #563834(n0ba attached statement, if any). The name and address of the owner or reputed owner is: Carlisle Electric C/O John E. Mumma, 1255 Claremont Road, CARLISLE, PA 17015. Said improvements or services are described as follows; Column The amount is due from Castle Windows, 17A Brenneman Circle; MECHANICSBURG, PA 17050. The amount due is $9,770.02, which does not include service charges or interest. Reasonable fees may be added. The last date said materials or improvements were furnished was 4/251/2008. The attached invoices or statements are a true and accurate account of materials, equipment or labor supplied. Unless we receive payment by 0812912008 a claim may be filed. VERIFICATION I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Columbia, Maryland on 01/30/2009 for MID SOUTH BUILDING SUPPLY. I I Customer: Castle Windows I Project: Carlisle Electric I Ree TD: 2EI3000J65 1 Job I) 563034 ( .Cart NO. rl o. C)IW OUZ. FORMAL NOTIC$ TO OWNER (49 PA. Cons. Stet. 099. 1501 (01) 8`O T AS LENDER, SURETY OR BONDIN•f, CO.. Prepared by: Brenda Jenkins, Credit Manager Phone: (703) 321-8201 Fax: (703) 321-7801 .. S E:.?.S'. i a. .r 'Lt r , • Y rsn BMW Carlisle Electric r ' . C/U?ohI E. Mumma 1* Claremont Read Carlisle, RA 27025 O Re ?:1?^}Ae?+pt?#or hfaet?ehtlige ?' ? ?, ? 7dE16 C1?DQ ODf?S 61326 895 ' 'S o?g3$1 'a a 2( 1 rY DdheaZlc F??Nlni Recelpt.. 102595-02.Mc1$46 MID SOUTH BUILDING SUPPLY CUMBERLAND COUNTY 7940 Woodruff Court COURT OF COMMON PLEAS Springfield, VA 22151 : Claimant V. JOHN E. MUMMA 1255 Claremont Road : Carlisle, PA 17015 NO. 08-5367 MLD Respondent : CERTIFICATE OF SERVICE I, Justin A. Bayer, Esquire, hereby certify that on this 12TH day of May, 2009, I caused a true and correct copy of the foregoing Complaint to Enforce Mechanics Lien Claims to be served upon all parties of record. KANE, PUGP),KNOELL, TROY & KRAMER, LLP wr _ ? L (4 JUST(j A. BAYER, E Atto v for Plaintiff r?r 2909 MAY 13 Nice! 01 „`,: 44, I f MID SOUTH BUILDING SUPPLY, : IN THE COURT OF COMMON PLEAS OF Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN E. MUMMA, Respondent : NO. 08-5367-MLD NOTICE TO PLEAD TO: Mid South Building Supply You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES r 5 L n, Esquire Date Ja a M. RobiJeet 28 uth Pitt S Carlisle, PA 17 3 (717) 245-9688 Attorney for Respondent MID SOUTH BUILDING SUPPLY, : IN THE COURT OF COMMON PLEAS OF Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.08-5367-MLD JOHN E. MUMMA, Respondent ANSWER AND NEW MATTER TO COMPLAINT TO ENFORCE MECHANICS LIEN CLAIM 1. Admitted. 2. Admitted. 3. Denied. Plaintiff provided four concrete columns with foam caps and bases, and not fiberglass columns as had been ordered. Two of the concrete columns delivered on this date were damaged, one beyond repair. 4. Admitted. 5. Admitted. 6. Neither admitted or denied. Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. Strict proof is demanded at trial. 6. Denied. Defendant denies that he owes any amount of money to Plaintiff, he having paid a $6,000.00 deposit to Plaintiff's distributor at the time of placing the order and the balance being offset by Defendant's additional costs of installation caused by errors of Plaintiff and its distributor. WHEREFORE, Defendant respectfully requests that this honorable Court dismiss Plaintiff's complaint and grant judgment in favor of Defendant and against Plaintiff for costs of his defense. --"W Y0 uite 105 / 317 S. Jefferson Street Baltimore, Maryland 21212 Frederick, MD 21701 MHIC #37767 1-443-703-0129 "The window People" Inc. 490 North Main Street, Suite 201 Pittston, PA 18640-9910 •J , Windows - Doors - Siding Unit A, 17 Brenneman Circle Mechanicsburg, PA 17050 (717) 795-8800 - (800) 935-0001 Fax (717) 795-8207 - (877) 935-0049 www.castiethewindowpeople.com 823 Walnut Street Allentown, PA 18102 314 Reading Avenue W. Reading, PA 19611 ?L+AlQl PURCHASE AGREEMENT CIS CONTRACT made this dayyof ? , 207, by and between CASTLE THE WINDOW PEOPLE, INC (hereinafter referred to as "Seller"•)"andre-?/ /gyp c?c/ 0 Y 7-? 37? %Name -J^O///V E. /lV.nn* Home( 717 32V J ( ) ? Work( ?/7 Addre s S 29/? v79zQ city State ? ip (hereinafter referred to as "buyer"). Email Address Seller agrees to sell, and Buyer agrees to buy, all those materials and labor necessary to instal s aszet f n theBowing Specifications and in accordance with the Terms and Conditions Below: C??A 1 J ?Do A. SPECIFICATIONS =Y l v5 ,times ,,,,,5, 6iv -7"- !Z ; ?? : (,? ? o,) ?i95r 1;1 ? ? d, fJ 1 J r U n , c., /'I? A, n/ ,w,r o? O Val. ? rn. a7` ' TOTAL CASH PRICE $ _ ??/ / OU ' DOWN PAYMENT $ ?UOO • ? UNPAID BALANCE $ .?9 U? COD A $ ' / --1 Amount Financed Appro . M Pmt. Est. Ter Speciall Financing o ?tlv?/1J pf?/ G?C ?P?f V, r-c; I /v(ee j c rms BUYER'S( RIGHTTO CANCEL a ? , ? 0 j?? 1. Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the saller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder. 2. Pursuant to Paragraph 2 hereof, Buyer agrees to accept delivery of materials after notice from Seller of the installation date. However, Seller shall not be liable for any delays caused by war, riot, strikes; acts of God, or other causes beyond its control. 3. Buyer acknowledges that he has read this agreement in full, that it is the complete agreement between the parties, and that no oral promise or representation of any kind will be recognized by, or asserted against, Seller. 4. This agreement is for the benefit of, and shall be binding upon, the parties and their respective heirs, successors and assigns. Where applicable herein, all references to masculine shall include feminine and singular shall include plural. 5. You may cancel this agreement or purchase by mailing a written notice to the Seller postmarked not later than midnight of the third business day was signed. You may use this page as that notice by writing "I hereby cancel" at the bottom and adding your name and address. This dnotice Window P eople" Inc., Unit A, 17 Brenneman Circle, Mechanicsburg, PA 17050. 6. In the eouraccount is turned over for collection, you hereby agree to pay reasonable attorney's fee, co rt cos end anC, ou BUYER OG D R fP P'AtJUTE COP??ON?TR T / ?,?`'? / Buy By Buyer j• CARLISLE ELECTRIC, INC. 1255 Claremont Road P.O. Box 158 Carlisle, PA 17013 (717) 243-9610 or (717) 697-2376 BILL TO CASTLE "THE WINDOW PEOPLE" INC UNIT A 17 BRENNEMAN CIRCLE MECHANICSBURG, PA 17050 AUTHORIZED BY JOHN MUMMA Invoice DATE INVOICE NO 6/16/2008 0009 JOB TERMS 0009 DUE UPON RECI IP"I DESCRIPTION ITEM CONTRACT PRI... POSTINGS CURRENT BILLI RE: BACK CHARGES FOR COLUMNS LARGER THAN REQUESTED, CEMENT COLUMNS RECEIVED BUT ORDERED FIBERGLASS COLUMNS AND TWO POLES RECEIVED DAMAGED. Labor Laborer 2,178 ,,0 Materials: Materials 90 7 HAMMER DRILL Hammer Drill 30.00 Big Bucket Big Bucket 42750 painting of poles Subcontractor 750.00 crane and forklift rental for moving and Subcontractor 1,213,40 installing columns Labor for forklift operator Subcontractor ?0U.UU Stop payment charges for cancelled check due EXTRAS 25 0U to damaged columns Tax 0 UU I I I PAYMENT IS DUE UPON RECEIPT OF INVOICE A SERVICE CHARGE OF 1 1/2% (18% ANNUAL) WILL BE CHARGED IF NOT PAID WITHIN 30 DAYS. ALL UNPAID CHARGES WILL BE COMPOUNDED MONTHLY. Estimate DATE ESTIMATE NO. 6/16/2008 0004 _: iREMONT ROr, ?. BOX 158 CARLISLE, PA 17013 ITEM HOURS COST MARKUP AMOUNT TOTAL Electrician 47.75 54.00 2,578.50 2,578.50 P.O. Material 6.23 6.23 6.23 P.O. Material 19.59 19.59 19.59 P.O. Material 25.21 25.21 25.21 P.O. Material 26.66 26.66 26.66 Shop Material 13.05 13.05 13.05 Hammer Drill 30.00 30.00 30.00 Big Bucket 11.75 90.00 1,057.50 1,057.50 Small Bucket 0.5 75.00 37.50 37.50 Subcontractor 1,213.40 1,213.40 1,213.40 Subcontractor 750.00 750.00 750.00 6.00% 0.00 Total $5,757.64 . . . µ? BACx i! SA LOWE'S HOME CENTERS, INC. 850 EAST HIGH STREET ES CARLISLE, PA 17013 (717)258-7700 -SALE- SALES 1: S1710OW1 120960 05-01-08 35570 TREATED PRE-CUT PLYWOOD 3 5.87 SUBTOTAL: 5.87 TAX:_ 0.36 INVOICE 13663 TOTAL: ' 6.23 BALANCE DUE: 6.23 LCC: 6.23 LCC XXXXXXXXXXXX1515 000279 LBA/P0: SHOP AMOUNT: 6.23 1710 TERMINAL: 13 05/01/08 11:53:30 # OF ITEMS PURCHASED: y EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS ?g BACk ?i,~G rAR?ti L 0 W EsSr LOWE'S HOME CENTERS, INC. 850 EAST HIGH STREET CARLISLE, PA 17013 (717)258-7700 10.00% OFF DISCOUNT SALE -SALE- SALES C S1710N11 839285 05-05-08 10385 CONCRETE MIX 80M QUIKRET 18.48 3.42 DISCOUNT EACH -0.34 6 Q 3.08 SUBTOTAL: 18.48 TAX: 1.11 INVOICE 18230 TOTAL: 19.59 BALANCE DUE: 19.59 LCC: 19.59 TOTAL DISCOUNT: 2-04 LCC XXXXXXXXXXXX1515 000296 LBA/P0: CER AMOUNT: 19.59 1710 TERMINAL: 18 05/05/08 14:10:33 p OF ITEMS PURCHASED: 6 EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS 111111111111111111111111 THANK YOU FOR SHOPPING LOWE'S RECEIPT REQUIRED FOR CASH REFUND. CHECK PURCHASE REFUNDS REQUIRE 15 DAY WAIT PERIOD FOR CASH BACK. STORE MGR: RICH TROSS HAVE A COMMENT OR FEEDBACK? LET US KNOW AT WWW.LOWES.COM/FEEDBACK STORE CODE: 17100-50508-18230 ld EKORE INC. INVOIC 05/2: P.O. BOX 2004 MECHANICSBURG, PA 17055 MN ; Y 2 8 2008 ?Jl ' INVOIC IATE INVOICE NO. PAGE nz). 980294 11 PLEASE SEND REMITTANCE TO__ DriveKore Inc. P.O. Box 2004 Mechanicsburg, PA 17055 (717) 766-7636 * (800) 382-1311 * Fax (717) 766-1101 * www.drivekore.cont SALES REPAIR RENTAL III CONCRETE SAWING & DRILLING BILL CARLISLE ELECTRIC SHIP PICK UP TO: PO BOX 158 TO: CARLISLE. PA 17013 CUSTOMER NUMBER SHIP VIA SKIP DATE TERRITORY NO. P.O./JOB NO. j WORK ORDER 23616 Pu 05/23/08 001 673396 ITEM NL'MBEH DESCRIPTION UANTITY QUANTITY OUAN'rITV ____ _ $RneRED BKORD SNIPPED UNIT PRICE EXTENDED PRICE '- - - - - --- - - -- -- - "- -- --- - DW3176 IDEWALT 7-1/411 36T CARBIDE S 1; 0, 1 23.7818., 23.78 Cust Item: i III, ? U r ?O? II ?. i ipY psi posted TERI, NEXT 38 DAYS rkiUERAL I D N0. A SERVICE CHARGE OF 1.5% PER MONTH (18% TO ENSURE PRDPER CREDIT ro YDui+ NET TAX TOTAL 2}-I(?gq 3K ANNUALLY) WILL BE CHARGED ON ALL INVOICES ACCOVNT; PLEASE RETURN REMITTANCE NOT PAID WITHIN 30 DAYS OF DATE OF INVOICE STUB WITH YOUR PAYMENT 23.78 1.431 25.21 PLEASE REPORT ANY INVOICE DISCREPANCIES WITHIN TEN (ID) DAYS -- "" - " -"----- """-------"---- -------"----- " PLEASE DETACH REMITTANCE STUB HERE AND INCLUDE WITH YOUR P \)'MHN1 TU E\,SLRE ACCURATE CREDIT "- "---- --"" - """-" - "-""-- ----- - ---- - - UAN'fITY QI:ANIIrY - --- -?- - --- 1'fEM NUMBER DESCRIPTION QUANTITY BRDER ED 860 RD SHIPPED UNIT PRICE I:XTE:`T)FD PRICE: DW3176 'DEWALT 7-1/4" 36T CARBIDE S 1 0 1 23.7818 23. 5 i f 3 NUB ' .._. ...._....- i_ I i CUSTOMER NTIMBER SHIPDATE INVOICEDATE INVOICE NUMBER/WORK ORDER NET TAX TOTAL 23616 05/23/08 05/23/08 980294/673396 23.78 1.43 25.2. 1 M A CI( 4G LOWE?NS?s? LOWE'S HOME CENTERS. INC. 850 EAST HIGH STREET CARLISLE. PA 17013 (717)258-7700 -SALE- SALES M: S1710001 1138143 05-27-08 203875 SKIL 7 1%4"60T CARBIDE BU 12.57 1 @ 12.57 203875 SKIt. 7 1/4"60f CARBIDE BU 12.58 1 @ 12.58 SUBTOTAL: 25.15 TAX: 1.51 INVOICE 03815 TOTAL: 26.66 BALANCE DUE: 26.66 LCC: 26.66 LCC XXXXXXXXXXXXI515 000325 LBA/P0: JEM AMOUNT: 26.66 X1710 TERMINAL: 03 05/27/08 14:21:15 # OF ITEMS PURCHASED: 2 '? crrt imps. cGr.. UPHT:-c own OrrTOI f)Pf1CR fTCMC Ritner Steel, Inc. 131 Stover Drive Carlisle, PA 17015 Voice 717-249-1449 Fax 717-249-682 7 EU,6 ;. _ Bill To. CARLISLE ELECTRIC INC ;DO BOX 158 1255 CLAREMONT ROAD CARLISLE, PA 17013 INVOICE Invoice Number: 52913 Invoice Date: Jun 13, 2008 Page: 1 Duplicate Ship to: SHOP Customer ID Customer PO. P,aymentTerms, s CARL-ELECTRIC Net 30 Days Sales Rep ID - Shipping Method Ship Date - Due Date _. ?; -- ---- ----- ---- --- --- - - RS I 6/ 10!08 7/ 13/08 Quantity item -?- Description - -? Unit Price:' r` Amount CRANE rCRANE RENTAL 2 HOUR MINIMUM 195 C ? i Subtotal 195 00 Sales Tax 1 Total Invoice Amount 206 ?C Check!Credit Memo No: Payment/Credit Applied - TOTAL -- 206.70 WE RESERVE THE RIGHT TO CHARGE INTEREST OF 1.5% PER MONTH ON DELINQUENT BALANCE Ritner Steel, Inc. 131 Stover Drive Carlisle, PA 17015 1 t 'Voice: 717-249-1449 Fax: 717-249-6829 IF Bill To: CARLISLE ELECTRIC INC. P.O. BOX 158 1255 CLAREMONT ROAD CARLISLE, PA 17013 _-i Customer ID Customer PO ?T: iT47 [4? Invoice Number: 53356 Invoice Date: Aug 13, 2008 Page: 1 Duplicate Ship to: CARLISLE ELECTRIC-OFFICE Payment Terms CARL-ELECTRIC Sales Rep ID Shipping Method RS I Quantity Item 1.00 CRANE 1.00 TOTAL Description CRANE RENTAL 2 HOUR MINIMUM ($195.00) TTL FOR ABOVE Net 30 Days Ship DateDue Date 8/6/08 9/12/08 Unit Price Amount 195.00 195.00'. Ct" ty ?. \ ?ND AU G 19 20?1? '? Posted . ? ?3??. Acct #'----- r? Subtotal Check/Credit Memo No: Sales Tax Total Invoice Amount Payment/Credit Applied 195.00 11.70 206.70 206.70 WE RESERVE THE RIGHT TO CHARGE INTEREST OF 1.5% PER MONTH ON DELINQUENT BALANCE '.LEIS PAINTING W621 E. Orange St. Shippensburg, PA 17257 (717)377-6201 Fax (866) 796-4012 Bill To: Carlisle Electric 1255 Claremont Rd Carlisle PA 17013 tax 243-8204 JUL 0 7 2000 Comments or special instructions: Painting Remodeled office in Penn Hall (Meno Haven) S' Description iginal Contract amount to clean pillars with TSP Prime and topcoat with two coats of signature lifetime clean Prime 3 pillars and complete bases and tops for pillars Cost to complete pillars could have been done in two trips now has been delayed and will take more time to setup to spray additional pillar and travel time (material cost same but doubles labor and travel cost) FLEAGLE'S PAINTIN " G LLC. r? Dull Srrvu? I'.?inn n?; C•,iip.inv RYAN L. FL-EAGLE n° Po 621 li. 01 ?)i. P ctP rrt -?? shihhensbure M 17217 A s HGG 7' ti at l2 _ JUL 0 7 2008 Ryin©I Icalesp, ill[ in8.c°in Posted •+ t 71 7.377.6201 Vct#_ DATE July 2,2008 Prepared by. Ryan Fleagle E 'D -JX77"--l } "10 ? 1t' AMOUNT $ 500.00 $250 700.00 TOTAL Due Now $ 250.00 If you have any questions concerning this invoice, Ryan Fleagle, (717) 377-6201, Ryan@FleaglesPainting com r? S THANK YOU FOR YOUR BUSINESSI 'e . r W WW.FLEAGLESPAINTING.COM Fleagle's Painting 621 E. Orange St. nL,? Lu?u Shippensburg, PA 17257 (717)377-6201 Fax (866) 796-4012 Bill To: Carlisle Electric 1255 Claremont Rd Carlisle PA 17013 fax 243-8204 Comments or special instructions: DATE August 25 2008 Prepared by: Ryan Fleagle Description I AMOUNT and Spray Paint Pillars Signiture select lifetime from Duron Gloss Scrape, Caulk and Paint porch ceiling with duron signiture select lifetime gloss WWW.FLEA LESP NTING.COM IALI =10 N'W1 ..-.,,.3r PRESENBUR 4VVAiSdFi Np} ••.a .- ?f • ALUMINUM SIDING LOGISTICS BUIILLDIN S ? `}'?? N,/ INTERIOR/EXTERIQR ; RESIDENTI*VOMMERCIAL 0 NUG pasted ? ?A Acct ? v? $ 700.00 $275 Total $ 975.00 If you have any questions concerning this invoice, Ryan Fleagle, (717) 377-6201, Ryan@FleaglesPainting.com J THANK YOU FOR YOUR BUSINESSI www.fleagiespainting.com •J •; f CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB : C Zr M. A. DATE : 1n2Cr_5 - O Description of work performed: 07- Equipment: I V14 In Out Reg. Hrs. O.T. Hrs. 3o ?. 3 Sub-Contractor: N Hrs. Weather CQ''Fair O Rain O Snow L-j %.WMPAvLC L v tncom pierce Mileage • Foreman: MATERIAL REQUISITION Qty. Description STOCK u .0. STOCKn U StK P TOTAL Z I L Oz 1 Z = ?? L4 30 "X ?4 x 31 - `f 14" ? 31 "X l 1c y y o o ,( 1 t` - ?E of o3 _ u i K. R ETE i3N-444 v AID H I ?Ff Material Order: i7. 45 H CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB : C E1 M. A. DATE :??= O Description of work perform/ed: &d: (-- c«c ?? -, Equipment: ?q Employee In Out Reg. Hrs. O.T. Hrs. JYVI,10 02 92 D Sub-Contractor: 1.04 Hrs. Weather air O Rain D Snow Li l eage Foreman: MATERIAL REQUISITION Material Order: N(O CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB: Cam" W. A. DATE: (,,e?_ S- 7-0F Description of work performed: A_a? p1 -••? ?? ry ( ?o oars ?,, ' ? 1 4 .C? e -,tk4l' C a.e ..?.c1E.' U 00 4 w? _e"X - Equipment: NIi4 Employee In Out Reg. Hrs. O.T. Hrs. 6 LI S 1? o o o? 'r4 lP16- add 33/ Sub-Contractor: 1-4 h4 Hrs. Weather Fair O Rain O Snow u %.vmpieze L4.j tncompieze Lileage• Foreman: MATERIAL REQUISITION Material Order: NIK ' CARLISLE ELECTRIC., INC. Daily Mork Schedule JOB: N.A. DATE: ?s - / ?- O Description of work perfonaed:, ,QU ,,?-d Z44?w) ltnt.G.i? .D Equipment: Employee In Out Reg. Hrs. O.T. Hrs. 'T v c? /c1? 3/ I DES S 00 3 Sub-Contractor: Hrs. Weather Cirfair O Rain O Snow f-1 rn.w..1... Tyr-----• - Foreman: MATERIAL REQUISITION j St UP TOTAL Qty. Description STOCK .0. 79f&rK n a4 Material Order: IV114 CARLISLE ELECTRIC., INC. Daily Work Schedule JOB: ?Ju--t&, W. A. DATE: dtu,-, S-zt 0 Fl c?,l.Q Description of work performed: Equipment: /V14 Employee In Out Reg. Hrs. O.T. Hrs. 7; /5" ;t 5 Sub-Contractor: t414 His. Weather Fair O Rain O Snow Cl complete tA::rincompiete Lileage: Foreman: MATERIAL REQUISITION Material Order: HI A CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB : C'Q?I gOO C?,Q; v M. A. DATE : , za d S Z 0 - O Description of work performed:-yK4%4 tro'rJ X"/'? J n'? . Equipment: IVA Employee In Out Reg. Hrs. O.T. Hrs. Sub-Contractor: N A Hrs. Weather CO'Fair D Rain O Snow u complete L--jineompiete [mileage: Foreman: MATERIAL REQUISITION Material Order: N??9 CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB : Gw" . ,Qe r ;rJ, M. A. DATE : w e,-4 S Z /- O Sr Description of work performed: Equipment: AIM Employee In Out Reg. Hrs. O.T. Hrs. 7bv g 0? / Sub-Contractor: N//4 Hrs. Weather air O Rain O Snow ?., ...,...,,.??., ...?.,..r.o« mileage: Foreman: MATERIAL REQUISITION Material Order: - - A04 CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB: %111-1? ? y W.A. DATE: ,J-&&, Jd Description of work performed: Equipment: Employee In Out Reg. Hrs. O.T. Hrs. o< LL a ? -3 Sub-Contractor: N,//A Hrs. Weather Q'Fair O Rain O Snow r-, , _ ..-e. v ??•••r••••? ... au?,vwYaa?a Li1eage: Foreman: MATERIAL REQUISITION Qty. Description ISTOCK ?uyoa" ?STOCIti c " TOTAL Material Order: CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB : M. A. DATE : W Z g c? ?- Description of work perforated: Cam, 26? Equipment: A1114 Employee In Out Reg. Hrs. O.T. Hrs. op 730 %i Sub-Contractor: N14 Hrs. Weather Q'Fair O Rain p Snow v v..mj,+vw an?.vmrac?c LileaBe: Foreman: MATERIAL REQUISITION Material Order: NII? CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB: ACT M.A. DATE:, s 3o d? Description of work performed: -on _fzz -ta- Equipment: Employee In Out Reg. Hrs. O.T. Hrs. ia:rs 1??s- ? Sub-Contractor: N/ Hrs. Weather GY"Fair O Rain D Snow Lfleage: Foreman: MATERIAL REQUISITION materlai Order: CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB: C,--,T- W. A. DATE: (Q=ED- U Description of work performed:? /Z C?„?_/ d Equipment: Employee In Out Reg. Hrs. O.T. Hrs. &..,30 a l T Sub-Contractor: Hrs. Weather hair O Rain C3 Snow Foreman: MATERIAL REQUISITION Qty. Description From S TOCK Sulier .0. STOCKn U P TOTAL r.aLci 1S1 vroer: 1\/64 CARLISLE ELECTRIC, INC. Daily Mork Schedule JOB: W. A. DATE: t??eL -6 -0,' Description of work performed: Equipment : Employee In Out Reg. Hrs. O.T. Hrs. 3c IZ-.od S?Z Sub-Contractor: 1-1j4 Hrs. Weather M4air O Rain 0 Snow -j wmpieLa u ancvmpaeto LMileage Foreman: MATERIAL REQUISITION Qty. Description From S TOCK Suiler .0. STOCKn U oc TOTA yaz Yo Z Material Order: NI4 -- x3 . g t..) In A 9/, Nom, ,l V-7 1/4" R 7's 4 S: 7 f.'y O O tV i N C3 T- 'V i 5 1/8" 5 3/8" STOCK NO.: 22" x 20'-0" PLAIN ROUND PERMACASTO COLUMN - #45750 22" TUSCAN CAP & BASE SET - #45731 QUANTITY: 22'x 20'-0" PLAIN ROUND PERMACASTO COLUMN 1 ea - 22" TUSCAN CAP & BASE SET PRODUCT MATERIAL: - 9 &8 OTHER: - Approved by: Date: t x 'PLEASE NOTE: CUSTOM ITEMS ARE NOT REFUNDABLE ONCE PRODUCTION 6EGINS ., - Ali t;s nenai xtt aco ua:.ed on in(cxmation pfuvided for HS&G. Conitactcx/Owncn shati verify an dimension-,. Sionoe a„ce-,#s af, dir;ti trs:ors. i t,V"jCv uUG.s sK3natum. Drawn By. KA Date: 12 MAY 2008 Rem' 22" x 2Q'-o" PLAIN Scale: Not to Scale Drawing No.: 05-12-08-04 Sheet 1 of 2 7015 Bnurdidpe Blvd. P.O. Box 589 Troy, Alabama 36087 334.586.5000 Fax 334.566.4626 Building Products www.hbecoiumns.com c!A fT _ i? Y?} r--- 2'-2 112" 3 3/4' T 12 n CAP T 2'-5 3/4" L0 CV 1 T 0 BASE 6 7/8" 5 114" DESIGN NUMBER: 22" x 20'-0" PLAIN ROUND DURACASTO COLUMN 22" TUSCAN CAP & BASE SET OUANITY: 1 ea - 22" x 20'-0" PLAIN ROUND DURACASTO COLUMN 1 ea - 22" TUSCAN CAP & BASE SET PRODUCT MATERIAL: - 1'-7 1/4" f 0 - Fr-6 71/2- C\1 OTHER: 1'-10" Approved by: - Date: All dimensions are based on information provided for Dixie Pacific. Contractor/Owner shall verify all dimensions. Signee accepts all dimensional liability upon signature Drawn By: KA Date: 12 MAY 2008 - Revised: 13 MAY 08 Scale: Not to to Scale 22„ X 20'-0" PLAIN D IX I LOPIAC'E 1 i(_ . A Drawing No.: 05-12-08-04 Ai A N U I A C 1 L X I N G C U V " Y A C Sheet 2 of 2 y ' Or, f f_.. VERIFICATION I verify that the statements made in the foregoing Complaint 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. Da e olm E. Mumma MID SOUTH BUILDING SUPPLY, : IN THE COURT OF COMMON PLEAS OF Claimant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.08-5367-MLD JOHN E. MUMMA, Respondent : CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Answer and New Matter to Complaint to Enforce Mechanics Lien by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 5th day of June, 2009, from Carlisle, Pennsylvania, addressed as follows: Justin A. Bayer, Esquire Kane, Pugh, Knoell, Troy & Kramer, LLP 510 Swede Street Norristown, PA 19401 TURO LAW OFFICES 4-"? 7'?v on, Esquire JJayfi9fi M. Ro1reet 2 Mouth Pitt Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 84133 Attorney for the Respondent OF ThE f W OTARY 2069 JUG! -5 FM l: 15 k ArNS1+°trr4.r: KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: JUSTIN A. BAYER, ESQUIRE ATTORNEY I.D. #93546 510 Swede Street ATTORNEY FOR CLAIMANT, Norristown, PA 19401 Mid South Building Supply (610) 275-2000 MID SOUTH BUILDING SUPPLY 7940 Woodruff Court Springfield, VA 22151 Claimant V. JOHN E. MUMMA 1255 Claremont Road Carlisle, PA 17015 Respondent : CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 08-5367 MLD CLAIMANT'S REPLY TO NEW MATTER OF RESPONDENT, JOHN E. MUMMA Claimant, Mid South Building Supply, by and through its attorney, Justin A. Bayer, replies to respondent's New Matter and the corresponding paragraphs therein as follows: 7. Claimant hereby incorporates the allegations of the Complaint as if fully set forth herein. 8. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter Paragraph 8. Accordingly Paragraph 8 is denied, and strict proof is demanded at time of trial. 9. Denied. It is specifically denied that the columns delivered were different from those ordered. The columns were fiberglass as ordered, and not concrete. 10. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter Paragraph 10. Accordingly Paragraph 10 is denied, and strict proof is demanded at time of trial. 11. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter Paragraph 11. Accordingly Paragraph 11 is denied, and strict proof is demanded at time of trial. 12. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter Paragraph 12. Accordingly Paragraph 12 is denied, and strict proof is demanded at time of trial. 13. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter Paragraph 13. Accordingly Paragraph 13 is denied, and strict proof is demanded at time of trial. 14. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter Paragraph 14. Accordingly Paragraph 14 is denied, and strict proof is demanded at time of trial. 15. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter paragraph 15. Accordingly Paragraph 15 is denied, and strict proof is demanded at time of trial. 16. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter paragraph 16. Accordingly Paragraph 16 is denied, and strict proof is demanded at time of trial. 17. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter paragraph 17. Accordingly Paragraph 17 is denied, and strict proof is demanded at time of trial. 18. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter paragraph 18. Accordingly Paragraph 18 is denied, and strict proof is demanded at time of trial. 19. Denied. After reasonable investigation, the claimant is without sufficient knowledge to admit or deny the averment contained in New Matter Paragraph 19. Accordingly Paragraph 19 is denied, and strict proof is demanded at time of trial. WHEREFORE, plaintiff respectfully requests this Honorable Court enter judgment in favor of plaintiff and against defendant, plus lawful interest and the costs of suit. KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: 0 Gl f?-- JUSTIN W. BAYER Attorney for Plaintiff, Mid South Building Supply DATED: &/z s109 VERIFICATION JUSTIN A. BAYER, ESQUIRE, hereby states that he is the attorney of record for the plaintiff, Mid South Building Supply, in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. JUS I A. BAYER, ESQUIRE ?} DATED: Z S10 MID SOUTH BUILDING SUPPLY 7940 Woodruff Court Springfield, VA 22151 Claimant V. JOHN E. MUMMA 1255 Claremont Road Carlisle PA 17015 CUMBERLAND COUNTY COURT OF COMMON PLEAS N0.08-5367 MLD Respondent CERTIFICATE OF SERVICE I, Justin A. Bayer, Esquire, hereby certify that on this 25'x' day of June, 2009, I caused a true and correct copy of the foregoing Reply to New Matter to be served upon all parties of record. KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: 6- '?' JUST A. BAYER, ESQUIRE Attorney for Plaintiff RLED-DII-RCE OF THE W TNO JTARY 2009 JUN 29 PM 3: 3 7 CUMICEL 3 Y;;{{L11tt o'-)uN R PE- NNSANIA