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HomeMy WebLinkAbout08-6848PTILESTlients19492 Tuckey19492.519492.5.mechanicslienl wpd Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant TUCKEY RESTORATION, Inc., Claimant V. WALTER BRAITHWAITE and MARIA BRAITHWAITE, h/w, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - EQUITY MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Tuckey Restoration, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P. S. § 1101 et seq. (as amended), and hereby files and perfects this Mechanics' Lien Claim against the real property and improvements located at 62 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania, for all debts due for labor in the course of alteration and repair, and, in the alternative, construction and erection, as follows: 1. Tuckey Restoration, Inc. ("Claimant") is a corporation having its principal place of business at 12 Stover Drive, Carlisle, Pennsylvania. Claimant files this Mechanics' Lien Claim ("Claim") as a general contractor. 2. The owners or reputed owners of the property subject to the lien are Walter Braithwaite and Maria Braithwaite ("Respondents"). 3. Respondents are married individuals. 4. Respondent Walter Braithwaite is an adult individual residing at 62 Chelsea Lane, Carlisle, Pennsylvania. 5. Respondent Maria Braithwaite is an adult individual residing at 1818 West Highland Street, Allentown, Pennsylvania. 6. The property subject to this Claim is a residence owned by Respondents and located at 62 Chelsea Lane, Carlisle, Pennsylvania. 7. The date upon which Claimant completed the work for which this claim is made was May 28, 2008. 8. The contract ("Contract") under which the work was completed was executed on or about April 10, 2008, by Walter Braithwaite. A copy of the Contract is attached hereto and incorporated as Exhibit "A." 9. The general nature and character of the labor furnished by Claimant was emergency water remediation services at the above-referenced residence. 10. The amount due to Claimant on the aforesaid Contract is $5,063.97, plus finance charges and interest. A Statement of the total amount due under the Contract, including finance charges is attached hereto and incorporated as Exhibit "B." 11. Respondents received reimbursement for the referenced work from their insurance carrier but failed to remit payment to Claimant. Confirmation of payment to Respondents from their insurance carrier is attached hereto and incorporated as Exhibit "C." 12. The real property and improvements thereon that is subject to this Mechanics' Lien Claim is situated in Dickinson Township, Cumberland County, Pennsylvania, as is more particularly described at Instrument Number 200731759, and having a street address at 62 Chelsea Lane, Carlisle, Pennsylvania. A copy of the deed is attached hereto and incorporated as Exhibit "D." WHEREFORE, Claimant, Tuckey Restoration, Inc., claims a Mechanics' Lien against the real property described herein in the amount of $5,063.97, plus finance charges and interest accruing from and after the completion of work, reasonable attorney fees, and costs of suit. MARTSON LAW OFFICES By: ry G; 4-4? Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Novembers l , 2008 Attorneys for Claimant EXHIBIT A nr L-nStKJt T FAX 717-496-7761 :' ST- R,A77PIS ,IM`s. ,. i 2 Storrs txm,e E;?rllate, PA tTp16 tildren 28, 200a {71'71 24 . 705 37e" 249-8 k r: Walter 6raithNrait r. 62 Chelsea-t_ane C:a . . rlrsle, PA?17013 ' ` Reza I Re?,a? _- Oearti4r' ?t?thWarta r ` t R We ar® I ` p ea sed to alY?gt' this r4P4s p material" to pmv?de thsi apov ntwnac# 00101pt with th?:reOyVitdd. labor ,arid o+utlui4law L`>t'pe pcroe sl and' owner as 4ufltnpd verbe r +rtur$ i? s `Apeia f acp' ini4r ,r n if M. assumed itictugrVe this bid ?? document tiMhatstaeltic to requeSR of tia ` C44 enb Pi l _s o!t?d tom, - r ?- J i r ' ?font 1,M.#rtiiiOP adian.: ?" . r 2 QtA,atlld rIJ? d. w t .?L ti.? ,w t r r r .a. +? i 3 '`?PPIY anrlfrobial'S??>~ F 1 4 5 RamG u+af r-dPOr us-in8 "!8htd roKeFx fi ti; , ; .' r r ?. , ?SP.I; UP an. 'rao ?i u ?n ?AlBils? r 1 { .!? 7. . ProYide d nltor iirlj n`# egwPmenZ t UQn f hum di actstylrig tans torfQur44) days, 4 ` = 1 Install R-1 3insulation in. areas where insulation was removed during emergenc services. 2 Replace waterclam, emec eA --- a9? II r 3• na4 dpoda `? 0 , s -ae?' y es. . Elean.;a rvre car et, Y axes: -- -- _ ' ' Tgtat Pri C6 451"34f If asbestos, lead; or any ®Rvtmnmentall i' v4i material is found; the project will be sto unW the ~riaterial is;t1sted and/off rernoued Tu I s Ma isinat is Inc, ss or f,nancratty, for the lash PI?sd immediately rig or ramovat of any such hazard6us, On, material: In the event thatssa!d spest4s hys?cally, cfhar hazardous; material.-is ndt removed or JW1*es set fcrth in t e A within 30 days?.Tuckey shat[ have no furt her obligation' to perform its h 9reernent and the Cistpmer"shag pay Turkey for all services performed prior to such d scovery- Please;. taka Rote to the=special terms and Eotlditions on the reverse side. ACCEPTEO.B,}r r -1 F,i C??torner's Marne TUC7EV $ 7ION INC. By! Srgn?tGra. teen s., Project Maria Date: ger nS, r. c 1 - ytlcke FJeOdTR,eraithwaueW. aterr)arr?,j,i11 28.d.pc Y Restoration,.ln? is an l qua/ OpAunlty Emptoyer, - EXHIBIT B STATEMENT October 22 2CC8 'halter Braithwaite 62 Chelsea Lane Carlisle, PA 17013 Date Inv.# Reference Debit Credit Balance 3/2812008 11716 4/30/2008 5/3012008 11889 5/31/2008 6/30/2008 7/31/2008 8/31/2008 9/30/2008 Emergency Services Finance Charge Repairs Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge $ $ $ $ $ $ $ $ 4.000.00 60.00 1,063.97 60.00 75.96 75.96 75.96 75.96 $ $ $ $ $ $ $ $ 4,000.00 4,060.00 5,123.97 5,183.97 5.93 5 5,33259 ,335.89 5,411.85 5,487.81 Total Balance Due $ 5,487,81 Please remit to: Tuckey Restoration, Inc. 12 Stover Drive Carlisle, PA 17013 (717) 249-7052 '"` For your convenience we now accept VISA, AMERICAN EXPRESS, MASTERCARD, & DISCOVER". EXHIBIT C 1-;4t3t hl i @l Unit Nnme Reserirf PavmentTvp• Outstd Res. Payr?ndM CIO Mre SE ?A -9&r. -. • ?.1l AAI 41 1 ITEM VALUE. • Check Status ISSUED Reissued No _ Check Status Data 03/26/2008 Issued By Stephanie R Easley (SEPCO) Pay to the Order of Address In Pymt Of WALTER & MARIA BRAITHWAITE WALTER 3 MARIA BRAITHWAITE 62 CHELSEA LANE CARLISLE PA 17015 USA BUILDING DAMAGES CHK _ $ 5.00+J .00 CCPS Clieck#: 7095(128 RAO Check: 100616471 Ama, xm" signature EXHIBIT D ?M DEED MADE THE t 0 day of i n the year of our Lord Two Thousand Seven (2007) 115A BETWEEN HOFFMAN CUSTOM CONTRACTING, INC., Cumberland County, Pennsylvania, hereinafter (Grantor) And WALTER W. BRAITHWAITE and MARIA A. BRAITHWAITE, husband and wife, of Cumberland County, Pennsylvania, hereinafter (Grantees) WITNESSETH, that in consideration of Three Hundred Eighty-six Thousand Six Hundred Dollars and 00/100 ($386,600.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees their heirs and assigns as tenants by the entireties: ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates, recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot No. 30 and Lot No. 31; thence along sold western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point in the dividing line between Lots Nos, 31 and 32; thence along the dividing line between Lots Nos, 31 and 32 North 81 degrees 45 minutes 23 seconds West a distance of 310,67 feet to a point in the dividing line between Lots Nos, 31 and 40; thence along the dividing line between Lots Nos. 31 and 40 North 08 degrees 51 minutes 28 seconds East a distance of 140,00 feet to a point in the dividing line between Lots Nos. 31 and 30; thence along the dividing line between Lots Nos. 31 and 30 South 88 degrees 17 minutes 00 seconds East a distance of 325,11 feet to a point in the western right of way line of 60 feet wide Chelsea Lane, the place of BEGINNING. THE ABOVE DESCRIBED lot f land is all of Lot No. Plan for Kings Gap Estates recorded as aforesaid, square feet, or , .15 acres, ore or less. THE ABOVE DESCRIBED L? t #31 has the mailing Carlisle, PA 17015. 31 as shown on said Subdivision and contains an area of 50,067 address of 52 Chelsea Lane, J The above described lot of land is conveyed together with and under and subject, nevertheless, to easements visible or of record and the building and use restrictions of record. SUBJECT to building and use restrictions as contained in Deed Book 277, Page 4776. BEING the same premises which Robert G, Frey, Executor of the Last Will and Testament of Linwood B. Phillips, Jr. by deed dated December 7, 2006, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 277, Page 4775, granted and conveyed unto Hoffman Custom Contracting, Inc, Grantors herein. AND the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed, IN WITNESS WHEREOF, said grantor has hereunto set is hand and seal the day and year above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF :HOFFMAN CUSTOM CONTRACTING, INC, BY: IMOT Y . HOFFMAN COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss On this, the U day of - 2007, before me, the undersigned officer, personally appear IMOTHY D, HOFFMAN, known to me (or satisfactorily proven) to be the person w se name is subscribed to the within instrument, and acknowledged that the within instrument was executed by the person so identified in the capacity of President of Hoffman Custom Contracting, Inc. for the purposes therein contained. IN WITNESS WHEREOF, I hereunto MOWE ,team p c"I do hereby certify that the precise residence and complete post office address of the within named grantee is E'Z C-$-A-2AA- o, o, Ca-*-? Fm 0 DATED: Y II ,/o 7 G Attorney for Grantee ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200731759 Recorded On 8/14/2007 At 9:29:15 AM * Instrument Type - DEED Invoice Number - 2057 User ID - RAK * Grantor - HOFFMAN CUSTOM CONTRACTING INC * Grantee - BRAITHWAITE, WALTER W * Customer - ABSTRACT CO * FEES STATE TRANSFER TAR $3,866.00 STATE BRIT TAR $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $1,933.00 DISTRICT DICKINSON TOWNSHIP $1,933.00 TOTAL PAID $7,770.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA tr 1/0 . RECORDER O ' D 'US " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1001111- VERIFICATION The foregoing Mechanic's Lien is based upon information which has been gathered by my counsel in the preparation of the lien. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. .Y ... .. - . T) r y " C PTFILESTlients\9492 Tuckey\9492.5\9492.5.pra.rein Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant TUCKEY RESTORATION, Inc., : IN THE COURT OF COMMON PLEAS OF Claimant : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2008 - 6848 WALTER BRAITHWAITE and MARIA BRAITHWAITE, h/w, : Respondents : CIVIL ACTION - EQUITY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the Notice of Mechanics' Lien for service upon Maria Braithwaite, 1818 West Highland Street, Allentown, PA 18104. MARTSON LAW OFFICES xr.?C," J '/;M Seth T. Mosebey, Esquir I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant Date: 1,21311 L .w7 C°^a p 7? 4 ? f 1hh FAFILES\C1ients\9492 Tuckey\9492.5\9492.5.affidavitl.wpd Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant TUCKEY RESTORATION, Inc., Claimant IN THE COURT CUMBERLAND 4ON PLEAS OF , PENNSYLVANIA V. :NO. 2008 - 6848 WALTER BRAITHWAITE and MARIA BRAITHWAITE, h/w, Respondents CIVIL ACTION - EQUITY AFFIDAVIT OF SERVICE OF NOTICE OF MECHANICS' LIEN COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I, Seth T. Mosebey, having a business address at 10 East High Street, Carlisle, Pennsylvania, being duly sworn according to law, deposes and states as follows: 1. I am an adult individual and authorized to make this affidavit of service; 2. The Sheriff's Office of Cumberland County served a Notice of Mechanics' Lien, a true and correct copy of which is attached hereto, on Walter Braithwaite on December 10, 2008, by handing a copy of the Notice of Mechanics' Lien to Angela Berral at Walter Braithwaite's residence, which is located at 62 Chelsea Lane, Carlisle, Pennsylvania. ,?-Jmyl N?!? Seth T. Mosebey, Esquir(I Sworn to and subscribed before me this5ddv day o 1 St.--j 20oS. LA ),A N t Public COMMONWEALTH OF PENN YLVANIA Notarial Seal Mary M. Price, Notary Carlisle Borg Public Conty W Corrr*slon E)plres Aug. IS, 2011 Member, Pennsylvania 4asesclatbn eft ntarla i FARLESTlients\9492 Tuckey\9492.5\9492.5.noticel.wpd Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant TUCKEY RESTORATION, Inc., Claimant V. WALTER BRAITHWAITE and MARIA BRAITHWAITE, h/w, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6848 CIVIL ACTION - EQUITY NOTICE OF MECHANICS' LIEN TO: Walter Braithwaite 62 Chelsea Lane Carlisle, PA 17013 Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania on November 19, 2008, at docket number 2008-6848. For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this Notice. MARTSON LAW OFFICES By: - & ?, Date: November 2 f, 2008 Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant ""UE COPY FROM RECORt I ,d 1WgW w, I we a* my ha, F\FILES\Clients\9492 Tuckey\9492.5\9492.5.meehanicslienl.wpd ?"? .err., - Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant TUCKEY RESTORATION, Inc., Claimant V. WALTER BRAITHWAITE and MARIA BRAITHWAITE, h/w, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - EQUITY MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Tuckey Restoration, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P. S. § 1101 et seq. (as amended), and hereby files and perfects this Mechanics' Lien Claim against the real property and improvements located at 62 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania, for all debts due for labor in the course of alteration and repair, and, in the alternative, construction and erection, as follows: 1. Tuckey Restoration, Inc. ("Claimant") is a corporation having its principal place of business at 12 Stover Drive, Carlisle, Pennsylvania. Claimant files this Mechanics' Lien Claim ("Claim") as a general contractor. 2. The owners or reputed owners of the property subject to the lien are Walter Braithwaite and Maria Braithwaite ("Respondents") 3. Respondents are married individuals. 4. Respondent Walter Braithwaite is an adult individual residing at 62 Chelsea Lane, Carlisle, Pennsylvania. 5. Respondent Maria Braithwaite is an adult individual residing at 1818 West Highland Street, Allentown, Pennsylvania. 6. The property subject to this Claim is a residence owned by Respondents and located at 62 Chelsea Lane, Carlisle, Pennsylvania. 7. The date upon which Claimant completed the work for which this claim is made was May 28, 2008. 8. The contract ("Contract") under which the work was completed was executed on or about April 10, 2008, by Walter Braithwaite. A copy of the Contract is attached hereto and incorporated as Exhibit "A." 9. The general nature and character of the labor furnished by Claimant was emergency water remediation services at the above-referenced residence. 10. The amount due to Claimant on the aforesaid Contract is $5,063.97, plus finance charges and interest. A Statement of the total amount due under the Contract, including finance charges is attached hereto and incorporated as Exhibit "B." 11. Respondents received reimbursement for the referenced work from their insurance carrier but failed to remit payment to Claimant. Confirmation of payment to Respondents from their insurance carrier is attached hereto and incorporated as Exhibit "C." 12. The real property and improvements thereon that is subject to this Mechanics' Lien Claim is situated in Dickinson Township, Cumberland County, Pennsylvania, as is more particularly described at Instrument Number 200731759, and having a street address at 62 Chelsea Lane, Carlisle, Pennsylvania. A copy of the deed is attached hereto and incorporated as Exhibit "D." WHEREFORE, Claimant, Tuckey Restoration, Inc., claims a Mechanics' Lien against the real property described herein in the amount of $5,063.97, plus finance charges and interest accruing from and after the completion of work, reasonable attorney fees, and costs of suit. MARTSON LAW OFFICES Q AA By: Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Novemberl'1 , 2008 Attorneys for Claimant . ,-trIM-7761 P- 1 EST A- t E-prtists. PA V016 (7171, 249.705 •, FOx.(7171 24941370 ) Mien 28, 2008 r yr: Waltzes 8raithwaita " 62 Ohelsea.I-ane, Carlisle. PA 17013 -- ' L? JLr ....Ir . -r ' _'.`' :$+JB,tECT?, ; .? ?' Eree>rciay>t end Rspawrs. , . ' peaGMrra+thwar , ? +r ;: t l t We we pleeged tQ aHact this prQptgsai! to provide ilia apoxbpn+ad pro# ttr the t?eq?irred:l6bor ar>Kt materiaP,> gatliRit?alow ! `'Th. prime 9it?tr? arld'Re t o interpretggon Qf the. reQuesE of ti4 owner as qutlN?sdt?rel'beNyt dt:i`docmettC°.fp Nha_kfaatondtat'I:sPedinc;mertfjorreCl shoukd b• t, a3suCried ifticlusive Mn ;tjis latf i 3 .y lPxa WAR .7) 4V1 .• -F J.3 ?w' on??,?''?It{?Lli?tttut ? M ,.:.Lw ? tnr?-.} 4i..?? ? ???rOQ? ?? r ? r. 2r eci>? ani.. ?... JI'Jlt?lllt?t '.p}.? *r/p : [t ++11 ! { 13«+/• 6Q>;.r'istibtal`a" 'n?o!'AQr i S i t, ?. 1 ., i,! r Eocbao! watdpMOrtEI`l1 using:wei>?hd rpltaa: , r" s 9,' Ramcwe water-dagria ed:d , gn WOWs. 8.' ? Set up tarld''manito<' d?inq egutpmen#;.. - ` .'s ,; ? . ?. - 7: f?raV'id®dhumlditibn atty.ttylPg tees toy'#urr?A) day8. ` 1. Install R-113 Insulation in areas where insulation was removed during emergency services. 2. Replace water-damaged jrp- II comtred 4ain emer ene. Fviegs 3. , 7 Clean an4. deadanz+s carpet i ' Total Price $5,063.07 If asbestos, lead, or any ertvirohmentallyr hamo s material is'found; the project will be stopped immediately ,xhl the viateriali is. tasted and/or rernoved. _Tuckey'Restoration, Inc assornes no r3sponsibility, ettnec, physically . or fnanc,alty, for the testing or removal of any such hazardous,materiah In thq event that sa:d asbestos, lead, or cttar Hazardous: material;is ndt removedvrnthin 30 day9,.Tuclcey Vail have rio further obligation to perform is Ju:.as. set fcrth in tqa Agmement.and the CLstpmer shall pay 'Tuckey for all services performed prior to such J.bccverj Please taKip note to the:special terms.ard conditions on the reverse side. ACCEPTEO air,. rtlCKIEfWST TION, INC. C4Worrer's Name- lJl). !'- re 8Y, $?gr aa,re:. Don Stevens; Project Manager S,grsu,ra. Data: iS.- Fla PQ8TR,Braithw&4@WWaterDamage =8.doc - Tuckey Resraradon,•1na is an Equal Opportunity Emplatyer.= E?-?iBiT ? STATEMENT October 22 2CC8 `Natter Braithwaite 62 Chelsea Lane Carlis+e, PA 17013 Date Inv.# Reference Debit Credit Balance 3/2812008 11716 Emergency Services $ 4.000.00 $ 4,000.00 4130/2008 Finance Charge $ 60.00 $ 4,060.00 5/3012008 11889 Repairs $ 1,063.97 $ 5,123.97 5/3112008 Finance Charge $ 60.00 $ 5,183.97 6/30/2008 Finance Charge $ 75.96 $ 5,259.93 7/31/2008 Finance Charge $ 75.96 $ 5,335.89 8/31/2008 Finance Charge $ 75.96 $ 5,411.85 9/30/2008 Finance Charge $ 75.96 $ 5,487.81 Total Balance Due $ 5,487.81 Please remit to: Tuckey Restoration, Inc, 12 Stover Drive Carlisle, PA 17013 (717) 249-7052 - For your convenience we now accept VISA, AMERICAN EXPRESS, MASTERCARD, & DISCOVER"' EXHIBIT C Unit Name mV; P mentT • Outstd Res. P ,gat Gouure Ss i2 CHELSEA LANE CAF BRAITHWAr DPBLOG IND BUILDING DAM0 :0.00 15,000.00 CL03E !1 1 EM VALUE. Check Status ISSUED Reissued NA Check Status Date 03/2612000 Issued By Stephanie R Easley (SEPCO) • LUJ Paytothe WALTER & MARIA BRAITHWAITE Order of Address In Pymt Of WALTER 3 MARIA BRAI'f HWAITE ?62 CHELSEA LANE CARLISLE PA 17015 USA BUILDING DAMAGES CHK - CCPS Oiecktt: 7095(128 PAD Chick* 100616471 ,00* mg 5 ignature "?? EXHIBIT D ?No SL?? DEED MADE THE L 0 day of ? , in the year of our Lord Two Thousand Seven (2007) S BETWEEN HOFFMAN CUSTOM CONTRACTING, INC., Cumberland County, Pennsylvania, hereinafter (Grantor) And WALTER W. BRAITHWAITE and MARIA A. BRAITHWAITE, husband and wife, of Cumberland County, Pennsylvania, hereinafter (Grantees) WITNESSETH, that in consideration of Three Hundred Eighty-six Thousand Six Hundred Dollars and 00/100 ($386,600.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees their heirs and assigns as tenants by the entireties: ALL THAT CERTAIN lot of land situate In Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates, recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot No. 30 and Lot No. 31; thence along said western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point In the dividing line between Lots Nos, 31 and 32; thence along the dividing line between Lots Nos, 31 and 32 North 81 degrees 45 minutes 23 seconds West a distance of 310,67 feet to a point in the dividing line between Lots Nos. 31 and 40; thence along the dividing line between Lots Nos. 31 and 40 North 08 degrees 51 minutes 28 seconds East a distance of 140.00 feet to a point in the dividing line between Lots Nos. 31 and 30; thence along the dividing line between Lots Nos. 31 and 30 South 88 degrees 17 minutes 00 seconds East a distance of 325,11 feet to a point in the western right of way line of 60 feet wide Chelsea Lane, the place of BEGINNING. THE ABOVE DESCRIBED lot f land is all of Lot No. 31 as shown on said Subdivision Plan for Kings Gap Estates ecorded as aforesaid, and contains an area of 50,067 square feet, or ' .15 acres, ore or less. ''HE ABOVE DESCRIBED L t # 3' ras the rrrai'ing oddres:3 of 52 Che sea i ane. Corhs'e, '?A 17015 The above described lot of land is conveyed together with and under and subject, nevertheless, to easements visible or of record and the building and use restrictions of record. SUBJECT to building and use restrictions as contained in Deed Book 277, Page 4776. BEING the same premises which Robert G. Frey, Executor of the Last Will and Testament of Linwood B. Phillips, Jr. by deed dated December 7, 2006, and recorded In the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 277, Page 4775, granted and conveyed unto Hoffman Custom Contracting, Inc, Grantors herein. AND the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantor has hereun*o set is hand and seal ,'r,e day and year above written. SIGNED, SEALED AND DELIVERED :HOFFMAN CUSTOM CONTRACTING, INC. IN THE PRESENCE OF BY. IMOT Y . HOFFMAN COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND ; ss On this, the U day of 2007, before me, the undersigned officer, personally appear IMOTHY D, HOFFMAN, known to me (or satisfactorily proven) to be the person w se name is subscribed to the within instrument, and acknowledged that the within Instrument was executed by the person so identified in the capacity of President of Hoffman Custom Contracting, Inc. for the purposes therein contained. IN WITNESS WHEREOF, I hereunto my hand and offi ' I seal. g1vim W"Aai 1L 86" -.11 j.WAjM'V."4Wy - A ? ». otory Pub is / 1 I do hereby certify that the precise residence and complete post office address of the within named grantee Is C'Z DATED: V 1 1 g j o 7 i? (?z Attorney for Grantee ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200731759 Recorded On 8/14/2007 At 9:29:15 AM * Instrument Type - DEED Invoice Number - 2057 User ID - RAK * Grantor - HOFFMAN CUSTOM CONTRACTING INC * Grantee - BRAITHWAITE, WALTER W * Customer - ABSTRACT CO * FEES STATE TRANSFER TAX $3,866.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $1,933.00 DISTRICT DICKINSON TOWNSHIP $1,933.00 TOTAL PAID $7,770.50 I Certify this to be recorded in Cumberland County PA RECORDER U * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. Information denoted b) an asterisk may change during the verification process and may not he reflected on this pare. VIIIIBI L 1? •r VERIFICATION The foregoing Mechanic's Lien is based upon information which has been gathered by my counsel in the preparation of the lien. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. -T,\ 1. rr; CID SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06848 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND _ TUCKEY RESTORATION INC VS BRAITHWAITE WALTER ET AL 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: BRAITHWAITE MARIA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LEHIGH County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On February 2nd 2009 this office was in receipt of the attached return from LEHIGH Sheriff's Costs: So a s: Docketing 6.00 Out of County 9.00 Surcharge 10.00 mas Kline Dep Lehigh County 30.00 e ff of Cumberland County Postage 1.49 02/02/200-! MARTSON LAW OFFICES Sworn and subscribe to before me this day of , A. D. a, ? ?? ?'' ? .... ?, ... ? u ? , ? ? `? ? ?,, t,?, © `'.. ? j ?.? .a ?n.?_ Y SHERIFF'S RETURN - REGULAR CASE NO: 2008-06848 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TUCKEY RESTORATION INC VS BRAITHWAITE WALTER ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon the OWNER at 1455:00 HOURS, on the 10th day of December , 2008 at 62 CHELSEA LANE CARLISLE, PA 17013 by handing to ANGELO BARRAL, ADULT IN CHARGE 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 7.20 Affidavit .00 Surcharge 10.00 .00 35.20 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 02/02/2009 MARTSON LAW OFFICES By: Deputy Sheriff , A. D. CO C\1 > r ?? ?. fit„ r L ?yr f In The Court of Common Pleas of Cumberland County, Pennsylvania Tuckey Restoration Inc vS. Walter Braithwaite et al SERVE: Maria Braithwaite No. 08-6848 civil Now, December 3, 2008. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 1001 Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to the contents thereof. Sworn and subscribed before me this day of , 20, 20 , at o'clock M. served the copy of the original So answers, Sheriff of COSTS SERVICE - MILEAGE _ AFFIDAVIT County, PA SAW SHERIFF OFFICE COURTHOUSE - 5TH & HAMILTON STREETS R 455 W HAMILTON ST ROOM 106 ALL.54TOWN PA. 18101-1614 TUCKEY RESTORATION, INC VS WALTER BRAITHWAITE; ET AL_ (CUMBERLAND CO --- 2008-6848) DOCQ 2009-CV--0347 CASE: 2008-NC-4937 EXPIR: 30-Jan-2009 DEPOSIT: 30. 00 ENTRY z 22-Jan-2009 WRIT : REINSTATED MECHANICS LIEN SERVE: MARIA BRAITHWAITE AT : 1818 HIGHLAND ST ALLENTOWN, PA 18104 ATTNY: 000 000 0000 RETURN OF SERVICE 1. NAME OF INDIVIDUAL SERVED: PI/4 (I4 a(? 41 TI4 W tf i -? Sv?vX9.1, c. RELATIONSHIP TO DEFENDANT : _..____._ Pe 3 , DATE : _ _ ___ t.~ . Z ZL= 0 _.... _ 1. ' `S T HOURS : _ ._._. 4. LOCATION OF SERVICE: - - I AI t- ._._..l_il3 149n. _ _L:.__?._ 'r, wr? _ ...._... ____...___....__._..._...._______.___. 5. UNABLE TO LOCATE: ( ) NUMBER OF ATTEMPTS TO LOCATE DEFENDANT AT LAST KNOWN! ADDRESS: 1. DATE & TIME 12 -1. d 1, a. DATE &• TIME 3. DATE & TIME 5. DATE & TIME 4. DATE & TIME 6. DATE & TIME ACCEPTANCE OF SERVICE I HEREBY ACCEPT SERVICE OF THE LEGAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS ACCEPTED ON BEHALF OF THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SO. PRINTED NAME OF AUTHORIZED AGENT DATE: PRINT NAME OF DEPUTY SHERIFF SO ANSWERS SIGNATURE OF AUTHORIZED AGENT TIME. DEP SHERI F SHERIFF OF LEHIGH COUNTY %t 0 F +:•iF ICE. Cl.i(. RTF-iOU fE 5TH & HAMILTON STREETS, 455 W&AMATON,01- t:iL',OM 106 T'U+::i<EY RE:`_ T OR{'+.t'IOi`:1,, INC ?OC& 2009-CV-0347 vs CASE: 2008-NC-4937 lr,)ALTt=;R FRAlTi-TWA:t-!E; ET AL. EX.PIR; 30-Jan-2009- (CUMBERLAND CO -- 2008-6848) DEPOSIT: 30.00 ENrRys q WRIT REINSTATED MECHANICS LIEN SERVE: MARIA BRP11HWAITE AT Q18 t.8 H F isHL;-aND ST ALi._EN T Oir N, PA 1004 PTTNY- 000 000 0000 --------------------------------------------------------------------------------- RETURN OF SERYICE 1. NAME OF 1!''dl3a:',t'T.DUA'_. SERVED E?Q 0 '_??`.. T_t 2,. 1 < e'.1.._ A I O z t . !. T+. T D E Ei°+l la AN-T : ? a .4. LOCATION +.){- J, a.E, s t t.lF "r`TT 'T? F ATTEMPTS TO t_OCAIE~: DE:f"C:1°:DnNT M`! LAST KNOWN ADDRESSn 1. DATE 'S .1 "' 2. DATE 9. 1" 1 ME" PC CEP i"ANC:E OF SERVICE I HEREBY t"'+CCL:i="'';" :i:EPJisC E OF THE. I..s:.SAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS ACCEPTED ON BEHALF OF THE LISTED DEFENDANT(S) AND T HEREBY CE R T +' FY THAT' I AM AtlTF- Ofd I ZED TO T ?,C.:. F•'R?'N`fE_If ',°,t{'sw?: i..? t+L.?' ri!_E.;..'.E=.L???'3CE?.t'J F DATE Si.1_-iNPTURE OF PUTHORIZED AGENT f'IME; F'R I''t'd FE'•1f iME CIV DEpury SHERIFF Std ANSWERS ` r DEPUTV SHERIFF FARLEST ients\9492 Tuckey\9492.5\9492.5.aftidavit2.wpd Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant TUCKEY RESTORATION, Inc., Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WALTER BRAITHWAITE and MARIA BRAITHWAITE, h/w, Respondents :NO. 2008 - 6848 : CIVIL ACTION - EQUITY AFFIDAVIT OF SERVICE OF NOTICE OF MECHANICS' LIEN COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND 1 I, Seth T. Mosebey, having a business address at 10 East High Street, Carlisle, Pennsylvania, being duly sworn according to law, deposes and states as follows: 1. I am an adult individual and authorized to make this affidavit of service; 2. The Sheriffs Office of Lehigh County served a Notice of Mechanics' Lien, a true and correct copy of which is attached hereto, on Maria Braithwaite on January 22, 2009, by handing a copy of the Notice of Mechanics' Lien to Maria Braithwaite at 1818 Highland Street, Allentown, Pennsylvania. _,S,,tA T. Nn,4 Seth T. Mosebey, Esqu Sworn to and subscribed before me this day of , 20,OY. No ublic ?Pl?1? I?IpYrNI Seel _ come MwyKt ?cw*wbbw Gourd My C mi a E*w Aup.18, 2011 MW10W, Pem+ ?NOdNlor+ of Nobv*8 { 110 SHERIFF OFFICE COURTHOUSE - 5711 to HAMILTON STREETS Kok A 455 W HAMILTON S-11' ji ROOM 106 ALLENTOWN PP l8n3l-1614 7UCKEY RESTORATION, IN[-, 3 W1=,!__TE R ".R A_ I THWA I T E; ET a!_ CCUMBERLAND CO -- 2008-6848) CASE: 2008-NC-4937 DEPOSIT: 30.0j",l ENTRY: 22-jan-2003 WRIT : REINSTATED MECHANICS LIEN SERVE: MARIA BRi-=1ITHWAITE HIGHLAND •7 ALLENTOWN, PA 1810,k ATTNY.- 000 000 0000 -------------------------------------------------------------------------------- tE T s'Rr.lf?F QSERVICE '.? NAME OF INDIVIDUAL SERVED: 7'1141_ 4, eyl41rHLuAlT? - .. ............... _.._.................. ............. .................. ...................... . .L:.',_-?TI`'!N SHIP TO DEFENDANT: OJV j4 L DATE e 4. LOCATION OF SERVICE: -03 TIME: HOURS. 5, UNABLE TO LOCATE NUMBER OF ATTEMP TS TO LOCAT DEFENDANT AT LAST KNOWN ADDRESS Iu DATE 8- TIME p LZ E 12=14TaE; 2. DATE . & TIME _e DATE & TIME . DATE '- TIME . DATE :` TIME 6. DATE T?: TIME ACCEPTANCE OF SERVICE I HEREBY ACCEPT SERVICE OF THE LEGAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS ACCEPTED ON BEHALF OF THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT i. AM AUTHORIZED TO LSO SO. PRINTED NAME OF AUTHORIZED AGENT DATE AST NAME OF DEPUTY SHERIFF 60 ANSWERS SIGNATURE OF AUTHORIZED AGENT' T } MQ ??u C? ? ?--- r_h °s't ;,, ?^r --? - -? : r ;? ? "? "r', j ' ,?.. ? l%:7 . - '... ?''?' - 4 ' s ... t t? -: :.? r?J