The URL can be used to link to this page

Home My WebLink About05-3179 F :\FILES\DAT AFlLE\General\CurrelltII16JJ,).lIoIJ Created: 6120105 S',09AM Revised: 612\/05 U1PM Carl C. Risch, Esquire Attorney I.D. 7590] Christopher E. Rice, Esquire Attorney I.D. No. 909] 6 MARTS ON DEARDORFF WILLIAMS & OTTO ] 0 East High Street Carlisle, PA ] 7013 (717) 243-334] Attorneys for Plaintiff RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- 3;/ti fYlL.O ~ .CIVIL ACTION JAMES 1. PROCTOR, JR., and MARILYN C. PROCTOR, Owners MECHANICS' LIEN CLAIM NOTICE TO OWNERS TO: JAMES L. PROCTOR, JR., and MARILYN C. PROCTOR, Owners TAKE NOTICE, that on the 2]st day of June, 2005, in the Cumberland County Court of Common Pleas, at docket number 05, 311'7 'fiv,J , Ronald J. Stoudt d/b/a Stoudt Construction, has filed a MECHANICS' LIEN CLAIM for work done and materials furnished in the alteration, addition, and improvements on the real property located at 2798 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. The amount claimed is $18,838.58, plus interest. For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this notice. MARTSON DEARDORFF WILLIAMS & OTTO /)LI. SIL- By: L:.... o.4yt- Carl C. Risch, Esquire Christopher E. Rice ] 0 East High Street Carlisle, PA ]7013 Attorneys for Claimant Date: June 2], 2005 F:I.FILES\DA 1 AFIL6\General\CulTem\ 11631. 3Jien Created: 6/20/05 lt09AM, Revised: 612\105 1:24PM Carl C. Risch, Esquire Attorney LD. No. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- 3/11 /IILb ~ CIVIL A.L lION JAMES L. PROCTOR, JR., and MARILYN C. PROCTOR, Owners MECHANICS' LIEN CLAIM NOW COMES, Claimant, RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this claim of mechanics' lien against Owners, JAMES L. PROCTOR, JR., AND MARILYN C. PROCTOR, pursuant to the Mechanics' Lien Law of 1963, as amended, against improvements and the estate or title of the Owners, for the payment of all debts due Claimant as a contractor for labor and materials furnished in the alterations, repairs, and improvements located at 2798 Ritner Highway, Carlisle, Pennsylvania, herein described, upon the following statements: I. The claimant is Ronald J. Stoudt d/b/a Stoudt Construction, having its principle office at 57 Mountain View Terrace, Newville, Pennsylvania 17241 (herein, "Claimant"). 2. The owners orreputed owners are James L. Proctor, Jr., and Marilyn C. Proctor, adult individuals residing at 2798 Ritner Highway, Carlisle, Pennsylvania 17013 (herein, "Owners"). 3. Claimant makes this claim as a contractor, who contracted directly with the Owners. Claimant provided certain work, labor, equipment and materials related to the alteration, repairs, and improvements at 2798 Ritner Highway, Carlisle, Pennsylvania. Claimant desires to recover the contract price on all contracts and for value of labor performed and materials furnished. Copies of the statements and proposals describing the work performed and agreed upon by the Owners are attached hereto as Exhibit" A" and are incorporated herein as the "contracts." In addition, the following is a list which includes, but is not limited to, the materials furnished and made a part of this claim: Stanley pro services pole sander ($25.00); two Task Force corner guides ($30.00); 16 oz. Eimers wood filler ($5.00); 9" paint roller frame ($5.00); 3" pain roller frame ($5.00); 2" paint brush (10.00); 4" paint brush ($1 0.00); I" classic brush ($6.00); foam sanding block ($5.00); 2" paint brush ($5.00); I W' paint brush ($7.00); slotted screwdriver ($6.00); foam applicator ($3.00); paint brush ($5.00); plastic bucket ($3.00); 9" claw nail remover ($30.00); yellow push broom ($25.00); large aluminum extension ladder ($400.00); 9' fiberglass green ladder ($85.00); medium aluminum ladder ($120.00); two aluminum ladder/scaffolding stands ($200.00); two 6" paint roller frames with poles ($40.00); two plastic black/red sawhorses ($40.00); 220 grit sandpaper ($5.00); two paint roller refill packs ($20.00); 100 grit sandpaper ($5.00); 18", 12",6", 4" and two 9" spackle spreaders ($200.00); 9" paint roller frame ($5.00); aluminum paint tray ($5.00); yellow spackle tray ($7.00); 50 grit sandpaper ($5.00); 2W' paint brush ($5.00); roll of yellow wall span tape ($5.00); 300 foot roll of wall span tape ($5.00); 16' extension ladder($IIO.OO); and impact hammer drill ($230.00). 4. Claimant completed the furnishing of the work, labor, and materials that are the subject of this claim on February 25, 2005. Thereafter, the Owners requested that Claimant cease all work. 5. In the performance of said contracts, Claimant furnished all lumber, nails, plaster, hardware, and all other materials required to be furnished by him, including those listed in Paragraph 3 above and those listed under the contracts. 6. The labor was performed and the materials were furnished with the knowledge and consent, and at the request, of the Owners. 7. The total amount claimed to be due and owing is $18,838.58 for work performed under the contracts, including labor, materials furnished, extra work, alterations, and additions requested by Owners. 8. The property subject to the lien are the real property and improvements located at 2798 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, more fully described in the Deed recorded on September 19,2003, in Deed Book 259, Page 2217, in the Recorder's Office of Cumberland County, Pennsylvania, tax parcel number 31-09-052] -00], including all equipment that as part of said structure constitutes fixtures, together with the lot or curtilage appurtenant thereto belonging to the Owners. A copy of the Deed is attached hereto as Exhibit "8" and incorporated by reference. Owners are the fee simple owners of the real property described herein and as set forth in the Deed. 9. This lien is claimed from June 4,2004, the date Claimant commenced performance of the work on the property listed in Paragraph 8 above, and against the Owners' interest in the same property . WHEREFORE, Claimant files this claim for mechanics' lien, in the amount of$]8,838.58, with interest and costs as provided by law, and any other relief this court deems appropriate. MARTS ON DEARDORFF WILLIAMS & OTTO By: U J.rl :> rc Carl C. Risch, Esquire PA Attorney J.D. 7590] Christopher E. Rice PA Attorney J.D. 90916 10 East High Street Carlisle, P A 17013 Attorneys for Claimant Date: June 21, 2005 ,'''1 ;", ij'" l>U "! ,) ./., i... STA.T EME NT !DAfC""'-':;7--/'--"-'."T\"E7iMs"'.""""-"'1 . . I A://d/ /. I no..==::----:--==:..,:.....l",--,---4.,..:::;.;~-::.'L......,_.,J...._,.,.,...,_"",.~ '~Ml' ;!:[:__ ": ,,_~.:1'", ,,:,/ I ~,,/,g;':i:/rl';:';'4J;;,,~,~~/r:.'-6~P" ...! . ADDRESS ,,/' I /., ...... '.. ... ::.",.... .. ...... ,,-.. I riT~\:5CO;;,0f"'iTH'--'-...,-'-_.-:~~'" ---'~..',.,,;-.-'-;:;~7-;.------.._.,1 j'. .. ..';';/ ./;/i<<'jr-:-6i;/?, ;'-"</(1"/7"": i In ... J2,.~:te:~<j:~_lj~l:: ---..- .._-"t6-.L--,d&;./_.Z:RP~L1t~4....,___L_.._1 L,,""<2' ~:~ --..--- .. -- .f..Lk''-:';'~==YZL"d:..L___.__ - ., --, . 11--- - -- .Ji~. <',::: ----- - k~~d~~~' -~- .-----.. -.., ",g:r~ __ ...~ /~ / ,;ex ~,> -~=:I-- : ~'~~ --~~. --------r--.~--::- ;.;~ i I/*i~;<b#~~~)! --~~-[-'-!. /~7"".. , - --1- -!k;LbU.iL.)'p/f s'&~J, _, _ ../,,, II..~ _~ --~ ;4J~M. .c"~_ . . -I '" I , V?S~, ~:~.j I L0:f 4;,/jI4-/.;.vaJ};&RtH7 fI!L- - ',1/' i r 3f'3{ .fC..j i i i'C'<.$5e/.4-i.L~Ud ~L, -- ! j LL'J7..1 .1 i : " A- 'B2,,11.6dLl L,..:(/.J<( : I /C!o I -:'" i . I ' ,/,-,. '1"'<' ''''''"1 ! .i ~ ??;t. ~m './:"':;'<";/;:1/"'4/, l ; fi : ~ i , 'i 7- /// / ? , / 1 I JA j i;6:1 I;' t. "C I ',. ",/",_WC~/.~/ 7/";"-'1' I!?, .1'1'41: r p'';'~^1/4, 0;;.3" I I I; /".' - -;- ,,' / ''''1,/ . . l.._H -- '... L ""-- ..----._...____.____ ~... .__ __ i,,__._ . -_L_..1 ef.,m;>.''n's l1C6B12 EXHIBIT "A" PROPOSAL ,~ ~"."""- p $H~1tf NO. DATE PROPOSAL SUBMITTED TO: NAM. WORK TO BE PERFORMED AT: ADORESS / l:::'::>, .;/)/.1" 4.-.. Ar,CHITECT e'-',' I-~.'.-.,..------__~'----"':'-~-,..,.,...-.----..,.,...-_----:-._'~_"_..""~___."'C'_'~'_"~"""""_-~'~--,.".-~~,,-_...^.....,..,~,~"---<"~._",._--".,..~_.. We hereby propose to furmshthe n18_tmiafs and pHrform the labor necessary for the cornpfetlon (-'"~.--... ..j.-.-.-....-........_..__.__.._.m...__Tm_...__._._.. ... .... ....-m_......._... ."__' _..-_........m.___....m. . :d- _--2: ".6..d~ ____4:~ /- ,/t',~d'~...~~ _ L ~ ~L'L2.c.:J~": _ ~ ".:! Li:'(. -_t-'/:';;i:.....::r..it.;.;:.i:f>.:' _~_ (_~L -~(;7,.- ~ .::!-""-rA~~ _,:':":", "_"_~,h_'__~_. -::-", 1 ./~" .->:: - (:./,:: '.k/ /A~" ;;"",,/J:"""'/ >>,t"" -:' /,... 7<: ./,u~.~."" I ._,.~ - .f-:~,&:'~tPC. "",!.?_K.c+. - - -y:_~...~::r~~~-,..-,:",,___~z ...:t:'::t.:~L.L.~_. - ~_~_~.~_n___~ "____w_______~_....._~_______~__.,. '.--" "''-'' "., "~Mf';> 1:.~_'- --h-~~~~/;y~~-:;t+;?!Z-.:=-::::--:::~:;;-: ~.t.~'Z.~-":------ _ j(. "_,, _. h___ _ . _. ~____ _h_ m ________.._______ ==;l).:7~:!::~:;;-~;~:: ;~~f.~;~~;F;~~/.~~---,.-~=~..~~.~/===i;~-=-~~========~====--=_ --___==~ fc~~'f.~~"':;r-_.:zt~~ '~~j/.>'7ff-"~~$?~6-:-- i{" -:;d---~--'-----~---~-m--_-_- -~;;5-?'.F~z:-- ~(.":/f:..~14:m.L4.e.:~&''',''5<i? -'~.,,/.?~ __:':______---_ .. _'_---'_______ =::;-'''''{".6':>h;(A'e;" - . /~r;/''''';:'/:v'.aY'''5 _ ;"~:~>~"?/'~',.7':~<;:."'. :""77 ~-'j-'"r"''; _,,' ~~<";LV'l<;':a/~~..., _ --:~~',~'-:~:Z'~:_~"~t~:,L~~ - ' , -/'" - -._..,~~-- / // / -...".1" "," - - /:".' _- c?y - - - _ '!II' -- -- - C ~ Z' ~--./{:t A;.'_ /- .IF' -c.#/";::- -1).1<"',;:/-' _ '/;;'}>'~'. ;/-':..!.";'7~~~.,,';,i;;~ ,.-~.L:<:~-?(~'::'~/J:4:;:d::;:z. .<---R.;# "'''r/'C%;-?".. -' _ _../ ~.J -L':Ji:.c:..-::::::-...,-,-,__ .L... "" /.?Z' L '7...,9,; nd / /,-r-" -.~ ':L.kJ)' ':'-~6.'.L'.tLL:r-..d~-.::c~).. :;j:i",L~;_':L~-:~-_h-T--->' ---:.? .____/---- /,,:----------------- 'i!:_,- _ /./1c~9.'f)f-'h.:.:I~ -'~ ;;/ti4-~~ _ _ . .&:.4~~,'f)-.,>',' ",~~.~;/.:f.<;:- _!_.c,.",n,,;rr::~ "~ ~ ~.;",::_: _ _ /' _ '~~__. /'c-':f,7,...../{..rA:. yr,R:,;, /'C>;~. #.-.:/..-it: ","J.-';4<.':' :l-Y?f;,P' .Q:/r~. ~.--=.,Lm..JdL~&{A'\.::L<":;;z.-----:;/X..,.~..:<:::c....c.; /L-.__._ . ,~--::i ?,./ - .//;//;' "":;^/)~;"?'" /, os'....?L.t7/ A ...LLLZ -';:;./ -5<"(0'-';, ~L~"'J':-!S:--<'!.c:-.LE;,f"/c>"::;:."Z:'.--m- ~:2~~r~u.,.>7a~_-.1c~L,:~J~-L:_;(;..f:;.:.-_,,;~~:i~~'~~~~,~~,:,.;;;4?,::'~---4~.~:.::::([:..___..:(x~:'Z2e};~w/t'~,'..,~__~~:<..>::;; Ir~_._"__!itz_~~.,.~.____~.___._..,_,.__,,_,_. L:'-1::y:.l;;L.;~(,P A,(!2z._;,_~. _..~.._____'_.__,.._,,____._~__.,____________._..__________.,.._.__._.__________~_.______'_._______._._.______.__,_.~___,_!:._-,--____,_..___.______.___~--.--__ / Ail matenal IS guaranteed ti) he as speCified, al1'J fhe above WOIK to be performecl In accordance with the,_drawlngs 81)d speclII- I cations SUb~itte(jf~ above ~or~, and COIl1PI~ted,rna s~bsta~tlal workmanlike ma~~e~_for the sum of ~~-9..r,~':::'1f: ...~~:;L",0J..,!.f:.1/ I '!-'~:;'~#.u1 ~~: /'~./Lu:LZ.C0:::"!__-1:dA~Mc:c.c:' _" _ __ ~_ -~.;;Zt:.r:!?... Dollars ($--.:_~_fu-.:.c/' y __,__~_~) , "" ;' ,.,I j,l'.;' ~, , "\ ~ -;' I with payments to be made as follows. :;1 :t'Z"" I'j/ --9 ',,~.;rl7';J/ -- j'. 1" L '- ' -' ; I [/-..., __~ .. -- '-"" ,r _ ./ I if) S- Cf ,(,) ",f ',C:"<:; ,n:_, <~//F Per Respectfully submitted Ar.}' aiteraticn or deviaiioil florn above sptlclfications invofvii19 exfra Dusts wiil be execuled only upon wrillen order, and will become an extra ctlarge over and aboye Ihe esUmale_ All agreements contingent upon strikes. ac- cidents, or delays beyond our ~on[rol. ~"----~~._-~------~------_. Note ~ This proposal may be withdrawn by us it not accepted within~(jays. ~ ACC/E/PTANcE OFPfKiPOSAI.. T118 Ilboveprices, sPecificlltions llnd opndition" are satisfactory and are hereby accepted. You are authorized to do the work as specified. Rilyments will be ml.lde I.lS QU!linfld abqVe. -~~_o{ ~ I l ~ -, ZI / () 'I Signature 'IC 3S 18-50 PROPOSAL S,",,\:'MI~e..~ e'-I) "\ "" '1<:>u-(' Q~'l-I/C'i \-'Cl~"'''' Av-J~ G( S"~~<;"\I-\<..o.\IOI\.lS ,6" . STGc,dr CC/V s I- ri.4 '- 1-, o/v ,AJ 1--",-1'" c..\\/) 1-..1 S """...., bll.i u.. "'"-'c..c....l "t; ~2.t..L~':)sed i...\crr':i. < ,,:.... ~t" ) left " SK'i ~t~\-'TS 0( ~L,- ~.._\t...r,>,') """ I. ?h>.ffl1IV'h,ut' -i \)I.\.'-~ ,,",0\' \<.. ('-<:11- 1\J-- ~. .J.-o.M:l ~"'- c, r..~'1'~ ~\.)<L(""" \\";"'f"'x:> So I \ tt.KT1l./\ ~1>\ ....or II;.. \,"'l"'i'~,-....~ ~ \0..<1>.. \,~...... ,i.,ud....... ft".I"C....J '\\.~ 11..,S-<\"'.3. L.e..a...H"'\ ~~(' ^"'.t(..-~ ~\b.N<"C: A~ . 1%.''')].. ,.. 8"-",,,",-,s,," c,f' c.;;Tct-AS IN c.~ err fY>O..k;-ic.l A ON...... (s ,,-,EC-d. +0 ~'i"'~~ ~7- m,u:.1:. 7<>(> Skl?I.'q"I"S PJUlYW1,/ pi~se /Vok.. -{h,s L-"-"_'w-,"(\ 'f"'....tL. iC/W,1 bic...v.:.C:: UPOA' c<..l(<...pl<<.IIOI'.) OF" ~ 2 'liD S-C ., 1-$,51".;) of 'j'.)..i<.. so ~ . I h~..,\L '10'-1 ';j,,,,,-,,,-,.,,-I., "'ll"~ "''''''''nl'1''' R-,,<:.k(" S'ah ~QU.rs cS7.. '2," C ...., "," ~;k~tt~P.> '><- #!~ 1,1 J ~[,.,. PROP(JSAL \, u "f PROPOSAL NO. WORK TO BE PERFORMED AT: ADDRESS PROPOSAL SUBMITTED TO: NAME n1\ ':', (,{ $1 r \ \,\ ~ n D ~2.{ (2::~+J?, :C ADDRESS '"'i" ,?C/ ,.t, ,,\ , ! " ~~, ] J [. t<'\ \ ~h'\ ~"''' f, " '-~..>, ____~_ _-----"-_ ____--'-'-_..........-..--..~.W_L_...._.k.....__.;~ __~ ~ i ,.. .p._,-^"<,~.~ "C.,. ,\ , I \. j '- ,-~, v!" \-_h,""_\,. ['_._~':> \,-:'. -<.., _ ... L.,., ."'"_/ _..c"....._J," M. '_.. ..~.--::;.__ PHONE NO. ' / '2 ' ", (' C,<- ;~'.) :::>1 '~-'l ---- ARCHITECT,." ,,-,~_..."---~,-~-,.,._._._~~-~.._-~-_..._-,- .,,"-,+"-----~,-~-,- DATE OF PLANS I " ,i I I d ~S I()'"'( J ::-. ~_...:::..-_- ---.------,-- C::, ~" , I] r.~~ hereby propose to furnish the materials and perfor~ the labor neces~ilIv fer the completion of _"oo ...=-=~==-==.:~-==~,___. ~~~~~-~;~-'~~'4==~-===:-_=-:-:=_-::--=::::...._ -,-;,.::,r:\,i (~.."~' \~'~" ~) ,..J.!.2.Y:')"P -C.o-'o(' _c.n<:~:"""D_,)J.\...\ ~()rr--el)l.' ~r\_~)..___.______. "",Yi\l ,'J: ,,\ .'.".-- :''""'~.k~\f:;~..a...:::tJ:?\c, $ __~=-. [""ri}), iN'-. n'.)'~..-\--.-~,-____----" ~.(-ti.~~5{!}-7'<C t~tid1.:~,~~~:'-r"'f"v~~n~~~.~'_=~)_- ,__\_= "\\~n ~d""G>_:___ ~:~, ;-i, 4'>JJ\U."'l\)O \.f' YV"_ )S4' .:,> fP't:'i.x;o-:'''''"' --------'--'---"-"J\"j" (+cl :'iH'1 '":-:--~ ,/1 r:J~\ {;\~~,(',.~~lGi~'1,~~:{~\~i~,0l, i~~~n,~'~, ,.I!_:~~_)~~J;~\~~~1(:,_:~~:~:~'~. ._-=:=,~=:_f"' a~:',:~:!.i=;' '- '-"'J~'~ . .1 r>=-"""-__,,,:-_,,,,,,-. $.~"", . ,,"",'''-.-... _~. 'T .-'" ._t-.., -1~\~':'""~~"'~' ~, ___, n__ .".?' \~\O ~V-j (:~'" ~_WL1_ \~~\o r-,f:! c~:~$e{,i~c _ .~~, o~r~;' r~~,l~_t--~"U::.:L\cJ, '_~{)P~:, ~~'f"f~:)' '1 I v'(:.~ ',$ <.:\(r; :.:::':_5?..~._"._ ~:e ,.,-\ '-'-(\"~' n~,")",_-\...::. \*,~,-:;~J '<-YO\'::... 1.;,> 'I> 1;:-'1"'1 f<. (:;0,/""\11\ l..,!' , 'W,I'I' ,;t:1d'li '__._, _ '-'-",' - ",' ---'~""''',' 'i~' c" \~\' \\ r",\, , " ,'_, 'A -, \ t TI; .. ____j,l~~h~, k' f, l-~\r_:t-,...,L ,"'\~~"J.;,'C:" \ \C..J.~'~ 1. -"~l.:;9;j"\ C~:"~S;~~~".:...."'~', '(~~C~"';, (~,bfi \ 8 , \r.::\ jl~ \_~_...L~ ~:Q_._':_;.t) _._ _____." 104 (). 0 I:'LL'It:J:;:1,:l1g;,'~f rv....,n""'bl;,.>1 ~~'''''''_-,,-- (-' ,rt" ~ ",-')n?/ 6(.-' .1 J!~ /" ~.x '~,)f.:ot:'" All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi. cations submitted for above work and compieted in a substantial workmanlike manner for the sum of __._____...._________..._,____.____. ,__._u__ ______________, ____ ______Dollars ($ . _____) with payments to be made as follows, Respectfully submitted ,_:~~')l;-O('[ 9.J Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate, AU <lDreements contingent l.!iJ()J1 strikes, He- ddent5, or delays beyond our control '" {\ ~" Per ~ \f2 \'" '\ ' \ ,/', ----+ -.~ ~'\~- . I ( __ "'(1'.-:::;\ f". ,(' ~J.)(\ -c.",*cuct-t;::, Note - This proposal may be withdrawn by us if not accepted within _ days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby as specified, Payments will be made as outlined above, accepted, / / You are authorized to do the work Signature Datl3 Signature ill..... NC 381850 ;vV,DE iN USA PROPOSAL .' POSAL___ PROPOSAL NO. ,...,' ,'" .,,\,- ",\. SHEET NO, ,...." I , /1 (' -,.~( .0"'/-" DATE PROPOSAL SUBMITTED TO: NAME WORK TO BE PERFORMED AT: ADDRESS ADDRESS t'HONENO-- ---'-'-- DATE OF PLANS ~"j-;; ,,,", ..,("'/ I ,-.) .~ . , . ARCHITECT We hereby plOpose to turnls'l the mater/Gis and pe.iorm the 18bo' n8cessary tor the complet.on ot _.. __ __ __.___ . _.____ ________ .~~c?~~;l~~~~~'Z;.)~~(.t~~-.-:;.-- -~_ _ :._ -'. _' ~: :_='-~_'-: -----:. ::::._ _ _ '.__ -_-_ . :2:gi:;.~~-:~a '~'-~L~~~_::-;'UL~~:_ C'~~=J~::::21"~':'~~~:: "S::~<'~===:==:::_:.:=-:=::====~-== . u.:.:L PI ( C. \. \ LA:;Cd~ I "'" . .UY'\l; .~..c_..!-'G.9y,.t .._d;;>s:_~==~-~,i2ri----.':':::==-=::==:::::'-:--=:::-----_:::::'::::=:::==.===::.:=: . __t;,,,~ f\') <A~ c'\~\!Xi.,\__::.:U:::Je___ O'S:%G...Q.._________._.________ _____.__.___ __.I -f'v,' \OC) (';;:;" .~_~ -- ~ ---=-==:-.----..-----------.--:_.:--::-------- _~d...L!_Q \i.o...A.<\\CU,.IC~,I'.-<"c, 1\ I <;,r,\o< .....lp~W::ll2!;:. \(\ 'I:- .____. ~:}1~.. ')'~Lr~L\...--<""-a.. (::,:'s:..S:nC. ..";2_\.,!,f;0cS: \,,:;\::\c'x~. .\:l;'(C,.t.;;..,'~",.J1/,..~~-'f'_,J.Lcx.lQ"'"'ed'_.... _J.:o,c,;cdl 1t:>..0~O \i.:'(".,'!S..t. . . . _ .....__.__._~____________ "'"'T""',-"" f" i _' '_ I ~.\.~~ :.~ ,"" " )' ,1y'0-' ~ '-,<, r'- f'" ':J """.:c..' -:.,~_.::i:f;lLQ.._b~-'-'u.s..~~_...------.__--_- . ._._.._._ '~ef"'O'\Q Cr'" \, V"'(~" ~O,'SJL~\"'~C.l.:.t------ ._____.___.___-_ ""i~'~""\"c-\( 11_ /"<, c-' '-.',~-.;,,' ~- . ,- ,'" _,,-~_ t,. T', \_ .J.- ('" , .. "",~~~,.L ..-~~' ~~~~~~,::~.J::'?~6;.--~;::.::-{;;~::-.:.----T.rr;;,~~.~~ . . "------ ~. ~- . 's:'-r'-C:on:>- ~-------'" C>(..t~:) '(') \'~,~. V'': ,-.,~.~) ,'.."f~ ,~, C').._,_~) y'("\~~ 0 {l!2(\L,~ '\ \\ '()(t~:' \ ':;, \ l CV..t (). v'V\.er\(:9Ji-'; GJ:iA"~ All material is guaranteed to be as specified, ahd the above work to be performed in accordance ~with the drawings and specifi. cations submitted 1m above work and completed in a substantial workmanlike manner for the sum ot _________..__..________.______.. __ __..._.___.__...__.______ Dollars ($ with payments to be made as follows. Any alteration or deViation tram sbove specifications involving extra costs will be executed only upon, written order, and will become an extra charge over and above the estimate. ~Jl aareements conlinaent upon strikes. ac" ciden!s, or delays beyond our control ~ - Respectfully submitted :=-:) to i, y.j~J. (}.xfd-'L\.,,('l\-j ('1'2._ Per _~""F~>C1CO. ;\:~cl ~=;\:-C::k::,('Q.\:. Note - This proposal may be withdrawn by us il not accepted within_days. ACCEPTANCE OF PROPOSAL The above prices, specitications and conditions are satisfactory and are hereby accepted. as specified. Payments will be made as outiined above. You are authorized to do the work Signature _ Date Signature iI;-- NC 3818.50 MADE IN USA PROPOSAL .;;. PR0P' OSAI ". .'''''.1 . "-'_. PROPOSAL NO. ,'-- SHEET NO. DATE ,DURESS WORK TO BE PERFORMED AT: I ADDRESS L.________._____._..._________._..__...____ DATE. OF PLANS PROPOSAL SUBMITTED TO: liAi;E ~~OO -- ARCHITECT 1""--" 6 ~:~... i__ I," ","" -I,.')''',",,,.t 1 /'. \ i I " i'V t*- " r;v';-;;-;';;)~-;ropo;;e to furn~h the materials and perform ;;~';abor n~~ssary for-;;:;;;;mPlet;on of .=-===__._____-___. '= .~5~t:}~~~-::;~~~~~~l0bo .~...~.:ii.:~!;KL~:'::..=:.:~=.:=:=~~-...::..:=:_::=:=-_:_==::::__:=_-::::=~::=:=--=-:::_: :: ::~:J~"':~~u.:~1(Yr:~ ~\ ;~ '~{,~~~~~()- --1-- ..~ r,,~lut.XL~C-_+_rntL\gL_i-L\:~.T~j-;:~-:T,-:;.=-"-.- . __....::::t.: () ">+0 II Sf/, 4,,~.L_..----.-- . .-.-.----- .- I-'r--, .c; I' " : j . 1:-": - (\'~ -" V t.._. -.t~...~. / '~r~(~"\-" '~.' "'., '} " .A"",,,, ~ ,,\~.... <, ,~,\ .!...... .~"\ -, n \ '--\C-.LiLi,.:,.~1-L. "":,, ) ,,---J.,.J. -~:........";;(.,,,,.{._-~,,- \ __ "',.L1i4~__ ~__~~I.~ '<v\.nl) 0 ~~'\"~:.;rl4-- ~.>'i r\ I n<\-__~_____'_~~-_~--"."~ ,_'" . ",..' '. --.,-~----.-.-'_.._._---~-.c- _..__:~Q..!J'..D.::I, C\.v L..:L_+P'"" "..{o .0-""J,1 0 '"''f'''r,.)''' cf l\kiPilL...4V"Qf"(. '____ =-.- '=;r'.:~.,..' :~)~.j2..\!;d. + Ie, te) ,:~ ('(1- l'---:.~=-".:.;~.::::-.:-.2:7:~.^---~.>.~-.."~~:h,--~~~~.-.---:----=~.-,.,.,~:r~,.-,.-'-!..:C.;;-I-----..-- -,-----.- 7"-~I(".' ." ".. r ,.....-.:;:;-. '", P f.\ k Lu::L..o,s;,:";c_--l::u, -, U1-_.,i.~-L.-i:.!f.;L-:~~L~_.b,.~"'-~J.:L----:',;:-'-o;;.~-Il:51A~.' IdJ.)uc:. "11 __ i-'--.tole..,J.l_jL~ ) ~"n K) .:.L..6\"10L,'_\Or :r{~U("i~ (' fID1YWI..\. Jiit1ri""'-f:lJ.!I....b:2.,(I __ _. 1.- (~0~h-'g"-c___Ci::Ic,~.:Y~.e..e;,,...;:;('~r--:.t:2-.p.~A( (bc<~.-____ _________________ ~E CA.' C''(:\- J'v1 ,~! '-/ I V Ie:::. L!..\.L.iL__C2L;:;eu:.:.:.....LU'.l:o:L_f__C< () dVY...____ , fi(l \/\.4 IL f.i'A.)c~\"1 ~,k,(~..~! "r jl 'H....... '''.-r~ r:::.-__L_,~..-.i.~-Li..L.J...,_J..<_"--'-- ,.,.., l~ _ '!-- _ ~~.......~". '>J..J...~..___.____,.,___~.__.____.._~_,_._~._..______.__~___~______________ . 1 "~,I AIi material is guaranteed to be as specified, ancj the above work to be performed ;n accordance with the drawings and specifi- cations submitted for above work and completed in a substantial workmanlike manner for the sum of . ___._..________._.__._._._____.___.____...______._____._...___._____ .._______ Dollars ($_._________) with payments to be made as follows ,,:.:::: ' 1'1 J /' . " .. \. ~, ' Respectfully submitted~2'\:C"Jl"")I-,\' \..J~) ~'~.: \U("\7(Y\__ A~y ,alteration or deviation fro.m above specilic~tions involving extra costs '"r:-> '"'' n Q <'-- \ !j l win oe executed only upon wn1tel1 order, and Wtt! ~ecome an ex\r~ charge Per ~(,,,1' \:':}"- S c ,,:::-'"~:,;t-r\( \ (".,l( -.~" ove.r ;:lIld i'lbove the estImate All i;lgreements contlrlgant I)pon stn\.:p.s, ."Ie- --- - ~__ ' cidents, or delays beyond our control. :.......--------.---.---- Note - This proposal may be withdrawn by us if not accepted within_days. ACCEPTANCE OF PROPOSAL The above prices, specifiCaiions and conditions are satistactory and are hereby as specified, Payments will be made as outlined above. accepted. You are authorized to do the work Signature Date Signature ,&iad:lJtl9 NC 3818-50 MADE iN USA PROPOSAL PROPOSAL , ," PROPOSAL NO. FROPOSAL SUBMITTED TO: I,AME WORK TO BE PERFORMED AT: ADDRESS DATE ADDRESS .--.---------.------------.----.----.----------- DATE 01' PLANS-----,----..----.--.---..- FHONE NO. -- ARCHITE_eL.---.. -. r e hereby propos~~-ur~iSh the materials and perform the l~bor necessary for the completion of _.-.:..__=~~=--=~:==~== 1 -M\JU-a--bco-~-~..cD.,:r__--<.kQC - jt~_r:J(L..<_fL_~jcu:f'tfje- ,_. __. .. _____ .... ........____. ===K:ld;Z~~7 ~~=')C?~QH:5--.==_===_-======-.-=_==--_====.==== .====. .....= -==.===-=-:- __.:l~,::}flt(< \l~r{lpr~"~ . C&.f${..( .),qi,\' ,j~ib.-SJ.c.i""':z, ..(J:tot~~~ _. Sp,-, r .n .{tN-... )0 -Act.( ,1 ("lei (,,, f6-.::l::'l.~.\::_~1....jJ _No 1ft,,>[\(' \,~______..._____._____ _:r1",t,~+CU\ 'j;\c..~~_'''''\!.C\\ /'\{L <...i(Xi,rG, (\.lrl~r:: ...,+6 F,rr'I,~).----- -00. WW'11 nr~/li ,'>;."'....d.m U"':l"(\. r}cdL~J:_'-'D.a ~~e...-.t1.dCL.J.""w;...Ld1.iU "'.(""(YL_~ 4,j 'rhe' ,. -"'--,Ien. ~ -.~ $",'-~ >.;.,"')",.--~ ---, ",.,--_. - ',-' 1 -'"--~-----~----"-~'-___ \J, ''IN.! I..), n)\ o...\'dl "1(,'/--C1 IAJ,{1(toc~,.J~ ion fl:/-.. -i-::1'I '\lli~ c)____==-=-_~_-.~=-_=__==_ ... --tS;::FY~- 01'------------------- ...m________.____.____.__ C(q~ctL.: ...~CC~"\~~. :.2{Q "'..~.' ~\(<'b..+Q-\""-~"-:\ \; /"9..5. ,;'?J (....:;.?\.. C":~"c.., r,,:','<ip.....).(. "'-~~fun:nu.\., ",( "'"":)\ 0 \1 . !\((. ,..<..) . \ ut01s\-~')~..::'o (" I"" (\ i"tf...IF"('''l<',t::v..){\.il.,'-~'' '->flJ. (C'rK.<S,e -"!:(~~'~~~ .~ 1:{h.1':~:~~~" j "' 1-' l'~,<+~~~r-;:'~(:z~\_~";~\ - 'r\~',\u hQ.Ln~c)<'-':)~(."';r .I ----;-.___.______._... _~_~.:~~.~....:_~.._~~~_i-~.~y';~n(A (.)1'~"",,(V. '-J\."~'::..2..'-~~::._\__'-~)\.~..:m WC,,\'A _-.::::.~rJ~_ __ "., ,,~.) v- AI! maferial is guaranteed to be as specified, and the above work fa be peliormed in accordance wilh the drawings and specifi- cations submitted for above work and completed in a substantial workmanlike manner for the slim of ____. ---------.--------------.-...... .m____________....__._.._.._______.._______.... '__'_._... Dollars ($ with payments to be made as follows. Any alteration or deviation trom above specifications involving extra coals will be executed only upon written order, and wiU become an extra charge over and above the eslimate. All agreements contingent upon slrikes, ac- cidents. or delays beyond our control. (0"' . ." i" (1e\, _ I Respectfully submitted :::;-IO,ylX ~~ \..'.\::~!.!_sr" Per 8 Ii ~.t' .C:;I ,. 'r.t~\ .",., '~! "~~-\,'\ .' 'r i ' ".-,C, . ~'" . '-L..~________ , . Note - This proposal may be withdrawn by US if not accepted within _ days. r ACCEPTANCE OF' PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby as specified. Payments will be made as outlined above. accepted. You are authorized to do the work Signature Date' Signature $.wms NC 3818-50 MADE IN USA PROPOSAL w f '''f,:J'' r."'lSAl '.,~_,"Xt; t;. !!.~~; .s;,." _----'-------_~ PROPOSAL NO_ SHEET NO_ DATE PROPOSAL SUBMlnED TO: riW,iiE PJF-1ESS . !...~-- ... ",,---.._.__.~,.-_.,"..~_..._,,---_."- .--~---.-._~--~,,-~,.~,----_.__..~"._-' i f=c-'-_.~---------------------- PHONE NO WORK TO BE PERFORMED AT: ADDRESS o;;ii Or-:PLf\NS -,._:;~-;'-~~,~-.___-~~'~-'---"-'-'-'-~-~-~-'---- [ARCHITECT .... .. .J.....<:_j '_:-/.' ) _ :\ I> , , ' , i r~i': ';;;Bb~ pn~~o~e to !Um!S;;;'e ~~~.::rmls and perform!he 'abor pecessary II;;;; COnlp;~tlon of -=~=-~__ ______________~= '/.,,,/J'~\Ct~- ~~-L:J2fYl_ -: ~ - - ~-~- - ~ - - - -- - - - - - - --- - - ---- - - - --- -~. -- ., -- -- ---~ J~~:LtChW. _~;_}C_--LJJhi.------ - --- ---- -- -- --~ ~ -~- ~~- ."~:L_:i:l.~u:.\,.JJ.__~~ f t~}C"D~"~ l' A .Q.L~J-'~P,v .i~~tn._ ..,:; ;;.i./~~\"iLO IY {{'iC nr,I(j~:~_._u_~<~"-,,-'-.-:m"~.-----^-.,------.--.-..--_____~. :~<;i:'::'o.~:S-J~..--L~(~b$..-~'f !~ m' ,_~;,la.u~ <: \'Y'-,~'..:L---fu,t. ,^,., 11--------.-- =:~~~==__~~_=_::::~~__= O\J ~f~~ --~_====__::~=::_----- --~==_=_-~======_=__==-= <"',( . - - '1 l- ,~w..U;L(1U6YL'.d'L{ ,-----------------------~--------------- ~':' ..~;. r~,l:."c. \'~ ~_-:-- ~ _ ~ ~ -----~-______________________ :~~~~':~~,'\'::)~A-~I~::~(A~ /\. ~ ~ ~J '')('~:Q~\';f 'G.,de rIb"" hle"r (. ,-(;r------- n~~,,~L -- Y \; ;-1 [~, ~~-:3- ~-:":~lvJ(; I ~y. --T;;-;;-(ut-:j)): .r~~-~:= ~:=~- --=------------------~--- t-F\::~~~;i- rnfl(~, ')/','~~~~~~---~-- ---==-, -~=-----==..:.: ,--===--~-,---=: _.--:~~?j\ ~ (y1f)~ -kdJV~.--,:.....,t_.:' ( . <Co"\; {\:'r:__~o:" ~ (..~ l\t"ciJJ:lr;.(fi(! Oil t, "'-~. _\:q :~- ~" ~"' .()I?" )__ ___ __ :-., n ~,_ _ it 1_111 U~.1:;a~jQ-'t+W.,<.-W:.uJ.!.'"L}--Uhk-O"'.r_-1 C\ I tl_S0i...b.<~ j ---'< (0, ''''' ~l----------- ',- ('{Jell-iU. (,)i '::}rY"p, c.. All material is guaranteed to be as specified, and the above work to be performed in accordance with the dr~wings and specifi, cations submitted lor above work and completed in a substantial workmanlike manner for the sum of _________________________._____________._____. _______ ___._____.___________.______ Dollars ($ with payments to be made as follows_ Respectfully submitted . 1 I' . '.lTC! i \('Y.. + , , -->"'\ .,--{....~ -\ ",-! ;,- ';(..c~"'.;i, \'1' \;Y1 Any alteration or deviation from above specifications involving extra COST!> wi'l be executed only upon written ord~r. and will become an extra charge over and above the estimate. All aoreemenls conlina6nl unen strikes. ac- cidents, or delays beyond our control - - Per I~~( j ," , ' A ;1 Ii C'!.. fi _.1',.... },-'j. J~'A .,,-" "5!'''C:.J \.., ) CJ" ~/, __ Note - This proposal may be withdrawn by us if not accepted within_days_ --------- ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date Signature______________________. B_nd""''' f-JC 3818-50 M~OE IN US" PROPOSAL D~0: POS1!>.l I }~. ~ ~ "\ ,... .~~. ~~--"'_. --'- -'._'''''~'~'-~--_.~- -"._,~--,----~ P~oPos L NO. 'ROPOSiIL SUBMITTED TO: 'NAAiE . -~_. WORK TO BE PERFORMED AT: ADDRESS DATE ADORESS D,~1'E OF' pi:.)\~TS~~~-'-'."-~---~'-'--^-'----~-'-----'--_._--~--- "._-----_....^-._~.,. PHOM: NO <~j ,,/ ,cA" ) / ' ();f"... ARCHITEC-r-----~-- -- maienab and perform tile labor necessary for tile completion of__ ~----:----'---~-,.-._--,._~---_._.,..._.~-_._"~*- propose to furnish . .__.~_.__..~-----..._.._-,.-.--,---_..._._._-'"._._,...---.. --.-'----'---.~..-.-.,-----'------.~+.--,--.--'-------~-,------..-.c,..-~._._~~.._____..~.,..__,_.~.___.......~':________ ________._._M._____.______________~_.~____._~____.____,_..~,.__.__'_..~_~___~_~_ ,<: ,-.I -", , ',:j;" .'~')j,.b-,~:-/;>'~; __ .~. /~~L''-~='i~~~~:~>..~'~=/----~- """7..s-.c~"" €:. ;'<:::~;'7-) ~<;:,...~;'>j/~-=:',#~::z;..-~:'>":~~:;.':~ __:")1~_~___~_ / -----:"1--;-------,--.,--- ',' _L~2---;,"'-/,;,'/('~,;>,~: '-"", , " "" '", / ' , ~- - ..:-~.,: '--,4 '-""(-~;-,-'-'~'--,L_ ;-:> . ~"',/ ,'. :. L'-'~/.'~_~f'~ ,/'~--~o,._ _",;,~,-, "-~.: ,: /~ -,:>~;/ "'>_f'--_'.~' ," ~~::' ," -;~/_,/:, ,;~::~,:, .~~~ ~'",.-,/' '-,-,:,~ ' ,"- " ,:';~-':' ~;-;::-'_>'-_,", / -'~'~-', -~> .- f_-_..-~>:'~" :~>". -7,' , _~________---1- : - . I '-" "", ,r-' j f ~ l ~"",-," ~ ' _....f,__. " _ "j ~,~... ','," .c,' ", '~------i:..'.~li:j/ ,i: ,/J,'",'" r .--l,',........,,-:--"--:....:..."--j.-~__"~.__.....,',_._........,_~-.<.--.1,-,--~~....::--~ '/, ~~ ". --~_..~-----"------ "---~-----,-_.._,-~-- ,"-/ij', / "r -"---_._~--_._-,-_._-~-- ,,:;;0..___,_ AH material guaranteed to be as specified, and tile above work to be performed in accordance with the drawings and specifi- cations submitted for above work and comp/eled in a substantial workmanlike manner for tile sum of -------------------------------------.------------_______ __.___________________. Dollars ($ ___.) Nith payments io be mAde as foHows_ Respectfully submitted ny alteralion or deviation frOI11 above speciticetiol1s involving extra costs ill be executed only upon \-witten order, and will become an exlra charge 't-I and above the estimate. All agreements conli"genl upon strikes, ac- ::Jenls, or delays beyond our control. Per Note - Tills proposal may be witl1drawn by us if not accepted witl1in--,..days. I Ie above prices, specifications and conditions are satisfactory and specified. Payments will be made as outlined above. ACCEPTANCE OF PROPOSAL te are l1ereby accJlJ?!ecj,----VQ,u are authorized ..~-~", '- ( )/'''- / \\ //) SI'gnaiure ift /-:\;...'(--'~:':;;I) '. <tf:: i~, I~ (;;:~'.--" ~ I _./C><, S. t ijl I,! f, "-r~ )~;-_Jv,____~ Igna ure f{ {'oU>, " ~ (/,yj!>-'':> to do the work .dll1>l~ NC 3818-50 iO INUS!\ PROPOSAL ~. /~/ .c'4;J~.d'~4M- dt-H~~" ttRa:?O SJ,~~"'$ _ ~..?~ , ..~ .y'~.e>o - ~d. H> .y //t'. #10 &I&t 8#~ 7?.-.e. &-.r? ~r4l1D . 9~. '0 &-li,.e1Om r !)V~ ?t.b,A" Ce",?'~'/ ..Z"A"o.o, c-O ~ 1'4 ?C'Oo. 00 ~ ?~ I- ..sbke/ 21u~~ 0:6-/ S'8R.~ ~~ &~-r4L,.(j- W?:~r ~.8,J~ ~-Ga:7, .:;o~ .y' // t:I . c>c:> ..IJ.. d - ~/.~i' ~/le:!"l!... <4" ~ ~?,R .a~ B4eK - m..*,.,4.~ 3-,-,."'- ~/~;4~/ 6~/ 4J"/~ /...? sc> (/?J'rj ~ hr~~ ~/a~ ;7, W ..;; ~ ?:?-.3~ - /?.,?~ ~3.t7.1l.:;;; &- - '--~-"-._'---'--- - ". -.--.---......0. j/~c2 C'huyu b:.:z.~ ~~ ,(?M", A'",~ ~~.a ~~ ~ t::.r4jK / L...e'. hlt./S Z...g,.tkI_ ,-IJ,lhiY4Jr/ ~.4,/ C1,f",,~~ ""';,-./ ?~ - / AlAr / / J4/,A!.I - ~.s: 4<'0 /a.6",- 9'&1. 4" /a.6,,.- 7~-: ~ - .",._',;.~i;;.:",'.,,:;-.;:3',;,~ ..;/ ,(l3e:J, de/1 Su,J4n4';" tt',,"tIf~ 1"'#e.J #,J""I?"'.#?~If".d .#.:J-YPP..U Of'S~'i'S ~Arll /h,r /WA// ~#.u/ .i' J..?,f, tR> 7:~.", dA.,Af' ~'" 7;,,?,,~ r )'r'lIFl"'.e :I- .IT ~t:?~~. '0 Ur."""i! ~'A .5j 9~-s: 40 ~ 95:>, uO ~ mnuy -d'....I' 3 ~ 7;1- .3r . ~ ~r,:;. ~ c:l .eaL jJ4Jl-.3 ~~." ;C;~~A ,4/JelA.e- ~/ 4lte/- /J'b1/;4f 1I!1i1,'AIS -h ,wI ~~At.l1 hr;'I'Jd--. ~~'~..c.J"..b 1114.I,,;it,/ / /~d"- {'m""";'1I ;, 4-,e~ ~nj( .., AL . /. / /S'I. <<>>-13' J li t1IJ .Pi /H~ 1(/, A,r,,4-<S "h fa/'~ tfII?c....... J 7# E;A~s,t ,.,&"4/1 / it'f/a-l &-60 /~3'. fJ4 /(/;-r'''7 c?~~~ k flfl/"/~G[;<,:D dl..r/Af ,#/#11 ~ ~5, ()IJ 51'~ ,.. 9/1, 41_ .1;5~t1i It:? ~h/AI- d~if , . . ~.. .:;1... ", ~ ~ ,,,&;/# 60 /9:,;, 41e / 'I u?t II , .3J~-:;. tf'~~~# 1St> ....21-.., ~ ~~ ,', ',-, '. < '. ... ;,.:.. ,"'1,'" ~ _ .. _ ,; .' -, ." ',." ~.... ... ~ .. > . . ~ h",?4 ~J~B'#llt.:2 - $...14-.< f!1J~ C~~9; eC) , - 8':,P5/#~d ~ ~~ ~t/ ~ C0?~~ 1;,3(, '0 .B-<-~",u.~ t!!4",~ l~po.'t:'.&,.#1 + .K.fM.tn .3, dPO. 00 4J.$#7k .x~*.u ..4-?'-'4t';G"'9' //&-~;nf) $iJ6 ~ -'-_.~---- _"_--,~--.- 'fl " C.)(;9/ e ~'>: [:~:n P.ZlEGLER , .... -""r> OF Dr:EDr " ,~'./ \.11 : L.: t~ (,\', l:. ..,.; ""~r:LA/Hl OOUNTY.. ii, Tax Parcel: 31-09-0521-001 G3 SEP 23 AM 10 lI5 . THIS DEED, MADE THE l~ day of ~ r\lJVlA h,.. in the year of our Lord two thousand three (2003) l~'~ BETWEEN JULIE A. WINKLEMAN now known as JULIE A. KIRBY and BILLY R. KIRBY, husband and wife, Grantors and JAMES L. PROCTOR, JR. and MARILYN C. PROCTOR, husband and wife, Grantee (s) : WITNESSETH, that in consideration of ONE HUNDRED EIGHTY EIGHT THOUSAND DOLLARS AND NO CENTS *************** ($188,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, TRACT NO.1: Township, County and described as ALL THAT CERTAIN tract of land situate in Penn of Cumberland and State of Pennsylvania, bounded follows: BEGINNING at a point in the center line of the Governor Ritner Highway (U.S. Route No. 11); thence by land of the Kelso Heirs, following an old post and rail fence, South 21 3/4 degrees East 453.5 feet to a point at the East Side of a locust; thence by lands now or formerly of James E. Jackson, Sr. and Grace S. Jackson, his wife, of which the herein described premises was a part, North 72 1/4 degrees West 627 feet to a point in the Mount Rock Road; thence in said road, North 28 degrees 20 minutes East 140.5 feet to a point in the center of the Ritner Highway; thence by the center line of said Ritner Highway, North 73 degrees 25 minutes East 50 feet to a point; thence by land now or formerly of Mrs. Mary Kitzmiller, now Tract No.2 hereinafter described, South 24 degrees 55 mintues East 72.2 feet to a post; thence by same North 72 degrees 25 minutes East 125 feet to a post; thence by same North 2 degrees East 72.5 feet to a point in the center of the said Ritner Highway; thence by the center of the said Ritner Highway, North 73 degrees 25 minutes East 165.5 feet to the Place of BEGINNING. CONTAINING 2.73 acres, more or less. aoor. 259 PACE221? S1-T#S oS7/1./ Pro cfor EXHIBIT "B" .' SUBJECT, however, to the restriction that the parties of the second part, their heirs and assigns, shall at all times keep chickens and other types of poultry confined within the above described tract of land by a sufficiently high and properly constructed fence in order that the same shall not run at large over the remaining portion of the tract of land from which the above described tract of land was sold. TRACT NO.2: ALL THAT CERTAIN piece or parcel of land situate in Penn Township, CUmberland County and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a spike in the center line of U.s. Route No. 11 at corner of land of Floyd R. Bitner and Tract No. 1 above described; thence along said center line by land now or formerly of Mary L. Kitzmiller, deceased, North 74 degrees 33 minutes 20 seconds East, 163.33 feet to a spike at line of land now or formerly of Charles F. Stahl and wife, Tract No.1 above described; thence by said Tract No.1, South 2 degrees 20 minutes West, 73.70 feet to a stake; thence by the same, South 74 degrees 05 minutes West, 127.05 feet to a stake; thence still by the same, North 26 degrees West, 73.98 feet to the Place of BEGINNING. CONTAINING .246 acres, more or less. BEING THE SAME PREMISES Which Ronald G. Strawser and Julia Strawser, husband and wife, by Deed dated July 31, 1986 and recorded July 31, 1986 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book B-32, Page 719, granted and conveyed unto Julie A. Winkleman. THE SAID Julie A. Winkleman is now known as Julie A. Kirby and is hereby joined in this conveyance by Billy R. Kirby. BOOK 259 PAGf2218 And the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHERBOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and in the presenc ~~'~~\i~\~"""'"~ . COMMONWEALTH OF PENNSYLVANIA: t\,_ .__/,,_ _Ir _ -' : 55. COUNTY OF~Y~ ~~ . On this, the Ict~ day of(/?tdf~/Ml~(, 2003, before me, the undersigned officer, persona~~~~~ed JULIE A. WINKLEMAN now known as JULIE A. KIRBY and BILLY R. KIRBY known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHERBOF, I hereunto set y and and official NOlllrial Sed _ L. KDlah~ NOIIrJ PublIc ~ 'IWp. Cumborlllld CoaIIIy My 1i.1On Expii.. la1y II, :1005 SEAL) B"OOK 259 PAGf2219 VERIFICATION The foregoing is based upon information which has been gathered by my counsel in the preparation of the claim. 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] 8 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. ~JP ,J ~ r---' 0 C) = c~,:> -n , .:.J' .-< ~ , :L--n ~ ~ file ~ f'..J -~?LC? , ,~~C) ~ ~ ,- '-1'\ "- ~, .,.-1\ ~ q ~ :.?'('-) ; \ (\I '" f;-.? ='A ~ ~- .'O;! --t, W ~ ...0 -", ~ - F:\FILES\DAT AF1LElcJeneraJ\Currenll! 1631 ,3.aff.serv ,. Created', 7!6f05 IQ'.33A.M Revised: 7/6/05 4:40PM Carl C. Risch, Esquire Attorney LD. No. 75901 Christopher E. Rice, Esquire Attorney l.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, Claimant v. : NO. 05-3179 CIVIL ACTION JAMES L. PROCTOR, JR., and MARILYN C. PROCTOR, Owners AFFIDAVIT OF SERVICE On June 23, 2005, the Sheriff of Cumberland County or his deputy, served by hand the Mechanics Lien Claim Notice and a copy of the Mechanics' Lien Claim that were filed on June 21, 2005, to James L. Proctor, Jr., and Marilyn C. Proctor. Attached hereto are true and correct copies of the Sheriffs Return and Mechanics' Lien Claim Notice as Exhibits "A" and "B," respectively. U-.i,L-?_ ~ Christopher E. Rice, Esquire SHERIFF'S RETURN - REGULAR CASE NO: 2005-03179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUDT RONALD J DBA STOUDT CON VS PROCTOR JAMES L JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon PROCTOR JAMES L JR the OWNER , at 1940:00 HOURS, on the 23rd day of June , 2005 at 2798 RITNER HIGHWAY CARLISLE, PA 17013 by handing to MARILYN PROCTOR, WIFE a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit . Surcharge So Answers: 18.00 5.92 .00 10.00 .00 33.92 r~~~ R. Thomas Kline 06/28/2005 MDW&O Sworn and Subscribed to I fr-- La day of before By: - / EXHIBIT "A" SHERIFF'S RETURN - REGULAR CASE NO: 2005-03179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUDT RONALD J DBA STOUDT CON VS PROCTOR JAMES L JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM wa_s served upon PROCTOR MARILYN C the OWNER , at 1940:00 HOURS, on the 23rd day of June , 2005 at 2798 RITNER HIGHWAY CARLISLE, PA 17013 by handing to MARILYN PROCTOR a true and attested copy of MECHANICS LIEN Cl~IM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~/~~ R. Thomas Kline 06/28/2005 MDW&O Sworn and Subscribed to before 'h-- day of By: /~~~ t1E CE IVE l JUt 05 2005 i\!1Dwr F\FILES\DAT AFILE\General\Current\l ]63 1.3.not] ~Created:6120105g:09AM ..~ Revised: 612]/05 1:37PM Carl C. Risch, Esquire Attorney LD. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- 3 or; ...., CIVIL ACn€>N i::; .;.c,O i..:.-n JAMES 1. PROCTOR, JR., and MARILYN C. PROCTOR, Owners !'- '- MECHANICS' LIEN CLAIM NOTICE TO OWNERS j",,) TO: JAMES L. PROCTOR, JR., and MARILYN C. PROCTOR, Owners "" TAKE NOTICE, that on the 21st day of June, 2005, in 1he Cumberland County Court of Common Pleas, at docket number 05. 50'! (~;'I , Ronald J. Stoudt d/b/a Stoudt Construction, has filed a MECHANICS' LIEN CLAIM for work done and materials furnished in the alteration, addition, and improvements on the real property located at 2798 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. The amount claimed is $18,838.58, plus interest. For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this notice. MARTS ON DEARDORFF WILLIAMS & OTTO C) ? / S re- B /1:.- J.~t...,_ . y: ,- , Carl C. Risch, Esquire Christopher E. Rice 10 East High Street Carlisle, P A 17013 Attorneysfor Claimant Date: June 21, 2005 EXHIBIT "B" o ...,., -' f~;\ FTI ,1i-n ~.~.; ~.? -:'ls') . ~. ':~':i ;>,i'"'n ~.-:\ ::~:" ..d .< CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: James L. Proctor, Jr. Marilyn C. Proctor 2798 Ritner Highway Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO tC~~ By M . Price 10 E t High Street Carlisle, P A 17013 (717) 243-3341 Date: July 7, 2005 (") c; "'~-"", .....O',~' lj'_\ ~, ~ ~ ~ .- , -' <:? ~~ rtm ~~ " -rl --'So v ''>''1'1 -::;1'; ,~'..:" I ~ ,'..J\ o -i" ., ':"D :'<: "" o -'f:;.Ylv. Sr~:t< ..c_ - '-~':{- ~4~, ~~:~ 1:; -- - SHERIFF'S RETURN - REGULAR CASE NO: 2005-03179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUDT RONALD J DBA STOUDT CON VS PROCTOR JAMES L JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon PROCTOR JAMES L JR the OWNER , at 1940:00 HOURS, on the 23rd day of June , 2005 at 2798 RITNER HIGHWAY CARLISLE, PA 17013 by handing to MARILYN PROCTOR, WIFE a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.92 .00 10.00 .00 33.92 r~~~ R. Thomas Kline 06/28/2005 MDW&O day of Sworn and Subscribed to before By: me this SHERIFF'S RETURN - REGULAR CASE NO: 2005-03179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUDT RONALD J DBA STOUDT CON VS PROCTOR JAMES L JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon PROCTOR MARILYN C the OWNER , at 1940:00 HOURS, on the 23rd day of June , 2005 at 2798 RITNER HIGHWAY CARLISLE, PA 17013 by handing to MARILYN PROCTOR a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 _~(/'...P,;y . ,?,/~ ~/ r ~-"'"< ~:..ei:;'",~ R. Thomas Kline 06/28/2005 MDW&O Sworn and Subscribed to before By: ~~) me this .5te day of OC!'h'.J({ "",,,,0, rothonotary A.D. , ~or . I RONALD J. STOUDT, d/b/a STOUDT CONSTRUCTION, Claimant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : Mechanic's Lien Claim JAMES L. PROCTOR, JR., and MARILYN C. PROCTOR, Owners : No. 05-3179 Civil Action PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. No. 1659, please enter a rule as of course on Ronald J. Stoudt, d/b/a Stoudt Construction, of 57 Mountain View Terrace, Newville, Pennsylvania 17241, to file a complaint upon his mechanic's lien claim within twenty days after service of the rule or be forever barred from doing so. DATED: November 1,2005 .....--'::.-: '.~(.---,-, ., .I _."'~' ,,".. -.('......-?/ Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorney for Owners James L. Proctor, Jr., and Marilyn C. Proctor . RONALD J. STOUDT, d/b/a STOUDT CONSTRUCTION, Claimant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : Mechanic's Lien Claim JAMES L. PROCTOR, JR., and MARILYN C. PROCTOR, Owners : No. 05-3179 Civil Action RULE TO FILE COMPLAINT AND NOW, this J.0cL- day of November, 2005, upon praecipe of Owners, James L. Proctor, Jr., and Marilyn C. Proctor, a Rule is hereby entered upon Claimant, Ronald J. Stoudt, d/b/a Stoudt Construction, to file a Complaint within twenty (20) days after service of this Rule or suffer the entry of a judgment of non pros. DATED: November.(, 2005 ----- 0 ,~, <:? = <:; = '-" ,- ~ ::;J 0 m::t1 -::: -c,r-;:, I "9 N !'~;'.C) \_:. ,,,-' -*r, -0 ;,")::0 ::t: ..,.0 1';-;' {srn ~;:l ell -:.0 0" --< - F\FILES\DA T AFlLE\General\Currenl\11631.3.coml Created 6/201058:09AM Revi~ed: 12/1/05 8:55AM Carl C. Risch, Esquire Attorney LD. No. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3179 CIVIL ACTION JAMES 1. PROCTOR, JR., and MARILYN C. PROCTOR, Defendants MECHANICS' LIEN CLAIM COMPLAINT TO ENFORCE MECHANICS' LIEN NOW COMES, Plaintiff, RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this complaint in action upon Mechanics' Lien, averring as follows: 1. The Plaintiffis Ronald J. Stoudt d/b/a Stoudt Construction, having its principle office at 57 Mountain View Terrace, Newville, Pennsylvania 17241. 2. The Defendants are James 1. Proctor, Jr., and Marilyn C. Proctor, adult individuals residing at 2798 Ritner Highway, Carlisle, Pennsylvania 17013 (the "residence"). 3. Plaintiff was hired as a contractor to performed certain improvements for Defendants on their residence. 4. Plaintiff provided certain work, labor, equipment and materials related to the alteration, repairs, and improvements at Defendants' residence as set forth in the Mechanics' Lien Claim filed in the Count of Common Pleas of Cumberland County, docket number 05-3179, on June 21,2005. A true and correct copy of the Claim is attached hereto as Exhibit "A" and incorporated herein by reference. WHEREFORE, Plaintiff demands judgment in the amount of $18,838.58, with interest as of February 25, 2005, costs of suit, and any other reliefthis court deems appropriate. MARTSON DEARDORFF WILLIAMS & OTTO Date: / z.. - 2 - 6 ) BY:& 10 5 r? Christopher E. Rice P A Attorney LD. 90916 Carl C. Risch, Esquire PA Attorney LD. 75901 10 East High Street Carlisle, P A 17013 Attorneys/or Claimant VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe 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. ~l J1D J - ~O"llt,- Ronald J. Stoudt , 4'" \.,) :::. :..,:;'"" fxhd?,f A- F\FlLES\DA.T AFlLE\General\ClIrtent\\ \63 D.nM\ Created: 6120/05 8:09AM Revised: 6121105 1:37PM Carl C. Risch, Esquire Attorney 1.D. 75901 Christopher E. Rice, Esquire Attorney J.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- 31/f ...., CIVIL ACmN ~3 _;"'_'" <..-n L._ JAMES 1. PROCTOR, JR., and MARILYN C. PROCTOR, Owners '" MECHANICS' LIEN CLAIM NOTICE TO OWNERS .-- - TO: JAMES L. PROCTOR, JR., and MARILYN C. PROCTOR, Owners :.< \D TAKE NOTICE, that on the 21st day of June, 2005, in the Cwnberland County Court of Common Pleas, at docket nwnber /Jr;. 50'1 4;'; ,Ronald 1. Stoudt d/b/a Stoudt Construction, has filed a MECHANICS' LIEN CLAIM for work done and materials furnished in the alteration, addition, and improvements on the real property located at2798 Ritner Highway, Carlisle, Cwnberland County, Pennsylvania 17013. The amount claimed is $18,838.58, plus interest. For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this notice. MARTS ON DEARDORFF WILLIAMS & OTTO /)/lJ, S/<-- By: L_,,L.. r--<-- Carl C. Risch, Esquire Christopher E. Rice 10 East High Street Carlisle, PA 17013 Attorneys for Claimant Date: June 21, 2005 Exhibit "A" r:.? o ." -l ~:D fl,(--.. -rltn . .:J :~) . 1.. :_)t.J, U?~ )~~ ;:;J -< F:\FILES\DATAFILE\GeneraJ\Cuffent\l ]63 U,lien Created: 6120105 8:09AM Revised: 6121/05 1:24PM ~(Q)~r Carl C. Risch, Esquire Attorney LD. No. 75901 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- CIVIL ACTION JAMES 1. PROCTOR, JR., and MARlL YN C. PROCTOR, Owners MECHANICS' LIEN CLAIM NOW COMES, Claimant, RONALD J. STOUDT d/b/a STOUDT CONSTRUCTION, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this claim of mechanics' lien against Owners, JAMES 1. PROCTOR, JR., AND MARILYN C. PROCTOR, pursuant to the Mechanics' Lien Law of 1963, as amended, against improvements and the estate or title ofthe Owners, for the payment of all debts due Claimant as a contractor for labor and materials furnished in the alterations, repairs, and improvements located at 2798 Ritner Highway, Carlisle, Pennsylvania, herein described, upon the following statements: 1. The claimant is Ronald 1. Stoudt d/b/a Stoudt Construction, having its principle office at 57 Mountain View Terrace, Newville, Pennsylvania 17241 (herein, "Claimant"). 2. The owners or reputed owners are James 1. Proctor, Jr., and Marilyn C. Proctor, adult individuals residing at 2798 Ritner Highway, Carlisle, Pennsylvania 17013 (herein, "Owners"). 3. Claimant makes this claim as a contractor, who contracted directly with the Owners. Claimant provided certain work, labor, equipment and materials related to the alteration, repairs, and improvements at 2798 Ritner Highway, Carlisle, Pennsylvania. Claimant desires to recover the contract price on all contracts and for value of labor performed and materials furnished. Copies of the statements and proposals describing the work performed and agreed upon by the Owners are attached hereto as Exhibit "A" and are incorporated herein as the "contracts." In addition, the following is a list which includes, but is not limited to, the materials furnished and made a part of this claim: Stanley pro services pole sander ($25.00); two Task Force comer guides ($30.00); 16 oz. EImers wood filler ($5.00); 9" paint roller frame ($5.00); 3" pain roller frame ($5.00); 2" paint brush (10.00); 4" paint brush ($10.00); 1" classic brush ($6.00); foam sanding block ($5.00); 2" paint brush ($5.00); 1 y," paint brush ($7.00); slotted screwdriver ($6.00); foam applicator ($3.00); paint brush ($5.00); plastic bucket ($3.00); 9" claw nail remover ($30.00); yellow push broom ($25.00); large aluminum extension ladder ($400.00); 9' fiberglass green ladder ($85.00); medium aluminum ladder ($120.00); two aluminum ladder/scaffolding stands ($200.00); two 6" paint roller frames with poles ($40.00); two plastic black/red sawhorses ($40.00); 220 grit sandpaper ($5.00); two paint roller refill packs ($20.00); 100 grit sandpaper ($5.00); 18", 12",6", 4" and two 9" spackle spreaders ($200.00); 9" paint roller frame ($5.00); aluminum paint tray ($5.00); yellow spackle tray ($7.00); 50 grit sandpaper ($5.00); 211," paint brush ($5.00); roll of yellow wall span tape ($5.00); 300 foot roll of wall span tape ($5.00); 16' extension ladder ($11 0.00); and impact hammer drill ($230.00). 4. Claimant completed the furnishing of the work, labor, and materials that are the subject of this claim on February 25, 2005. Thereafter, the Owners requested that Claimant cease all work. 5. In the performance of said contracts, Claimant furnished all lumber, nails, plaster, hardware, and all other materials required to be furnished by him, including those listed in Paragraph 3 above and those listed under the contracts. 6. The labor was performed and the materials were furnished with the knowledge and consent, and at the request, of the Owners. 7. The total amount claimed to be due and owing is $18,838.58 for work performed under the contracts, including labor, materials furnished, extra work, alterations, and additions requested by Owners. 8. The property subject to the lien are the real property and improvements located at 2798 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, more fully described in the Deed recorded on September 19,2003, in Deed Book 259, Page 2217, in the Recorder's Office of Cwnberland County, Pennsylvania, tax parcel nwnber 31-09-0521-00 I, including all equipment that as part of said structure constitutes fixtures, together with the lot or curtilage appurtenant thereto belonging to the Owners. A copy of the Deed is attached hereto as Exhibit "B" and incorporated by reference. Owners are the fee simple owners ofthe real property described herein and as set forth in the Deed. 9. This lien is claimed from June 4,2004, the date Claimant commenced performance of the work on the property listed in Paragraph 8 above, and against the Owners' interest in the same property. WHEREFORE, Claimant files this claim for mechanics' lien, in the amount of$18,838.58, with interest and costs as provided by law, and any other relief this court deems appropriate. MARTS ON DEARDORFF WILLIAMS & OTTO /7/lf, '3R By:~~ Carl C. Risch, Esquire PA Attorney I.D. 75901 Christopher E. Rice PA Attorney I.D. 90916 10 East High Street Carlisle, P A 17013 Attorneys for Claimant Date: June 21, 2005 r, f" '0) C~"j r~ lJo' < ".- , .J , J J i """'r .-,...(;.,;.. 5 TATEMENT rOAfE-'--~_, --~ ~---_.-- jfEf<MS.......'....-j [;D----.::;:--.-~-=-J-----g:;,f~.~:C.-..--L.-.-,.-......--.i rDDRE('d?:5'/~r-:-;-'j:::'C:f;'<'- --.. ......__u.__. -./ ~'-::;:;~':~i:~h~~'~"~-- --. .--- .. ..-/-=.-=--~~--.-:-~--~-=-...=~ i _,?;kt:'~_~/~>?:_,!"L_ -,-, ':;~~" ...-~,,,.~;~~.~:'~7:~>:~~~~:"., -<t?"/~"-<<></~~:_-.'.--'r;<i:..,';:;-." I; L / / -----~.' :1'..--[k;,~~~<-:!~.~.._... ..1'~..' ._____ ._....k7L.2?~~ _____,.._ ___._____ .____ __.~_._ ._.___ . ..:/. ",. ". /.. {-n . 1f";#r~ . ""'.... 06 _~L(.r,a:.....L__..:;zj~.A.:f&.'6.~, ,__~.._ _&C_ .__. , fin L 1&1 Co'" -- -- _:~~;;:;=::--;:-- ----_._._ .IL. ~;;;-_ ___.__.___If'._ _. _A _ _ ._..-._.-..........~,l:.-.A . . -~----. .____..5..~__:..> ..' "'" --....---..... '-'-'- - - "".. - " -- ,"-. ~_ _", "--,, ~,.. '-',//r(i' __ _, " _ _ _ , ,'? J'V ._______._.. W.hU.fif';/ s)y~L _____. ___.__L_ ;-0 . - -- --- . "i.. M_ h!,LI'_.__ --- -. -.- -- -.. ---. .ti-- ..---- -.. - --.. - /11.lfL/?&/L~,,-L. ~..' T -_. dO-- _..& ~i-"t1t-& fI/i. _no' .gjf;,_ <>< _ I - - - .:.. -' ~~Sa(t~~.2L.- -. - - -.- rL~2J::- 1---- --1- 'f'T~/[ t'xLrL/-/- -----:--1- -- I L.Q~ 1 1_. , j!f;t4h~-.n...-,6€~<~~j41- L ./- ~J---r'- [.._..._L J~~~~~~'~1- .R!_L:~<<j~.J _~~~t~j at ro~m#: DC5812 EXHIBIT "A" IJ'i t:~.7,qllt \ U./.' .,.. '1' ~ ~---~_._._- ~~~~E~,E~!. DAT:'~ ~~'_-L:~~.._._.__ '" ~ r ,c~, , , ,,' '_._..._.....____._.______.. . - -.....-::& --------..-..-- AODRE&s' - ~.~-_.~.~~..__.-........_".-,-_.~.,.,_..._~--~.... "'-~ INACCQUNT Wr?~)'."..---~~~~-.~..-.-.--- -- , ,_~"__'~._.. i. ------.,L ~Wl..7 A'J<ct-",c;.LJ4: L-:r:~._\-_____. ____..__~r~ L'/~----_.----.-...---,-. .__~:~.-..___....__ ~- --<_. --=~ -.. > W..b~2'r -5..,/-----. __. YM - QO ..,----- ,... ot'~~~ 1'0 .. .r- ~--_.._,-.. .-.---- -- .~.~=~- _:~ .. - ;q~L__ ___ ___.. __ ____ ;V'OP :." <7~ ~.:Jr._..(:;:? k~__ __._____ __._ d.i. ~~=~--. __. .:.5.iL'-.4~///~ ~___.. _ "_"'__. /- i: - .,,,,,:- ---. ,-.-. .---.~;JJ;;z ~~ fub. -- .. ~; =~ _____..__ &w /. $. I Yy:___ .. __......_____.... _._ '~:f.t,~_, -- ~j" ',',/>tt. ~/,' ~~,~,~:=~t~-,-:<-=, :~:Iu~t~;~;,;z "1- "/:/- ... t r '. I, tf"aLUc.' 42!3./.dLU7. . .'/" .' .. '/-- L I, I' ---r- - f'./ : I ---- , I J I 'I +ll.T/...."~.e.----- lr:i .1 I I 6;"~~o~/. t '-1 i- j--II! 1'-;- I, i . ! ' i I. I 1....__ , . r' .'! --I .1.. C~;j; ,,"/ ~ropo~a( Page # of I / pages , ',-,,'- ,~ ---=-=-) //$/ / ( _..~-- ~ --~- ',' ~,,,~' y ':..,,' Proposal Submitted To: <~:~~', ' " , . ','~' -----~-,,--~.._"-~~--_.--'-,-"---,<'_.. / '. Job Name Job # ~ >",F'" Address Job Location Date " I"'! /~(UJtJl., '. (~.( Phone # -~';7 '7,' .'/.., We hereby submit specifications and estimates. for: ,:',':;':'Z!.: '..'/i ; ,',,0-1 .. " ,.':f,'.;,-~. ;'.:....'~.j,'"..~.j...f,.~ l:_"';L./ ,.,' ./.",.,.. / ,........'... .-=,: /,",'..',- ~_ ....'. ,:.:'.~_ ..;..-t,'..'.....'II.~-:.,,-/t.../...,..'~,.../?,.I..'.'.:.,'<.".'.;,'~~,',....";",.'.'-,"..:...".'-:-,".';':,','.,;,./.,.,..",,/ t.- . ....2~L>"':. <,J~i'~'r.,.-, ,C;f":"'12'<"f('::?~c'.!i,_(2LiMf~1'~_ _ ~:Li.:. _ _' , ",.' , ,.::J/J(;f.,I/["::2.<;:''''''''/ ,:1..,.', .{f..;.:''Y -,,4' /~;.l"'-" :.5 /'H ~'~~~L/_/,~ (!...:.:' '"::t~:l, -:':'-~?~!::~L~/,.:J~~f!:::~Z9!__ ..__., .. __J....!..:/-' _ -,/.i:,!!.. !"'-i.4'-J.:, /ccl.c/ /j'''::2 /.).I'I--' f,., I~':':/ /~.,L5w"'2''--.,,':./;~::-::) ,:.'~'-' . 1. ) J ..- , 71~ I, r ~-r - t f~~<:~_:/-hi,{ ,_ L 1.___ :/y .t_JLl..cL_/!~~"-)-_/ :_/: .(,,,,'-t/'u /./,"?L/\.. _ :~:;/ '.,i';' ,I ,;', '.- /,\_ /)//",>'((.;/,/./1 /~:;; .<,;.,:;;-,~ Ie propose hereby fa fumish material and labor - complete in accordance with the above specifications for the sum of: ,'/ ""4"- , / ,- c;/ //?,--i-/ "'<;, r.< ",.-,,'...., "'A..~ /',1'., ./ ",,> /~ ",-:' :~ '{:::f~ /r"/-',;;('".) .:Jf,'/ / Y:1:~./4:.;I(.'~,Z Doliars ~-:~j.//!:( j',:;J(i,(;'(! ,/ . < /,,'~j .,.,~"., th payments to be made as tallows: . ,- '.~, 5.. ,:~:r../.;""~/;; , /""J,f' ." '," ., '.f).;:'" >.~ / f_'__';--'-':"-~ ...,?~!'..",., ,. ";?.f'<.:~-r/";-' "'_-;.' .. y alteration or deviallon from above spectticalions involving extra cosls will be ,cuted only upon wrilten order, and will become an extra charge over and }\Ie th& estimale. All agreements contingent upon strikes. accidents, or delays 'ond our control. Respectfuliy submitted /' / .,[-~:; " ',,~ / ,'?<,. .//' Note - this proposal may be withdrawn by us it not accepted within ~,_--'~_.__ days. ~CCl'ptanCt of ~opo~.aI } .. ,j above prices, speCifications and conditions are satisfactory and are Signature ./}?;; by accepted. You are authorized to do the work as specified. nents wilt be made as outlined above. !/i! e of Acceptance _____. Signature". , :'ii,/-, ,. , , ,,-(' ,( . ;,,~-;r7""1""'~". .~. \,; , ,--',;-',"-"'" ;381 9 MADE iN USA '. t'ROPOSAL. ,~-;' .') .~ -' , .};-~., ,/' ., $He. /;/:'. (' /(~:.'i DATe PROPOSAL SUBMITTED TO: NAME .J,/~ _--..--,..,.--L~:'~:>:' .. .< /'<~,:-.- . r ,..j..j , AnDRESS " /"j :'<~/' ,~/ /",..", " WORK TO BE PIERFORMEP AT: ADORES . . c .,:::( 7?i' (' [);~fE ofl:JL;\!;jS~ '--,--, I E!ONE ~6~ ,,' ./,J/' ( ,,"'/...-'/ _<.;:- .:'::;J.:,.'/" L.'/ ARCHITECT .-;.< / -~.' --~.~ j' ..... ~." ....'/ ,- ....."..,.--~~---,.-- '~""--'--~_.-~--"--------------- We Ilereby propose to furnisllllle meteria!s and perform the labor necessary fOr tile completion of ~~'__'_____'h__"___'_ ___,"_ :~.=?;/:tji~-;ii);-;j;~;jji;'~~f};?z~;;--=q;):Jff:;;;; ';~~~C~;:f::.~';;i""';;~', ,~-,.:==:=:~-=,:~::=:=~~ '. "7'-' (. (,<~ . 1p.K4-.,' 9;t:"'":<?,.",:;.p. "'. /",...p:~.a..~,. / .., ,,=.~--~ . -_..______ .._. .... ..... ..' '-*."'?- -:"~,?~;, ...." ~__&1i~,__._,_________~~_,-----" !-:%,&Pf_~ '1'" 7/k:~__~~-,.~___~_~-"-.:c____.~___.___...,~___",,,,_~_~~__c___~'~_~~ -z:-",...,~--. .4i~<;?4--q~..,.?~<i"0'P" o~_~ ....... _~_~~_~_ .',. . '.~ jf:::;;..<y/tJy';;}{~~;;~~~A~~Z~'v:C/ .......... .. '. .~' .. ." .& ~~'. / '.' -Z-.c. ",__.."." ..2~F7;~Jj~,zy ;7/?....;Yp"4'/P; A~r::..3:e:~ , '.,y :.(0#""'0 n? - .?~-1.4if.;L?-/Zi[-'''____~''-'-j~;-;, ~_-: ",,' ~__~___'__"__."" ,1:.. I7i"~'f,jYW~4 . . ,..,'.,.:/".,. >'. >7 ., r;--"Yrl<;::.. /. . , ,/, ",. ., . r .,':0 ' - <~./ 4"'>zLL~n,'j;t----dPo.Pcc:..~_. ~ _ L~"..v~:.<7n-<hr,/-;;t2.f.// . . h,( -"i5f"'? L)/C'#4'~'"--P/ /P~'<; / _ ~,.,-,)::z:;z~t::~1.c 7- _~~' ,,-6 __~:~:;;<;;-;~~~~.::~=.oX~::?~CT'-:~'-. ~ __==: ~II material is guaranWed to be as specified, and tile aPove work to pe Pllrform9d in aoOordanoe witn Ihe Or win .Q a d Speoifl, :atir:lns submitted for above work~nd compleled in a substarttlal workmanlike manner for tMe swm of ';'--':', ~. ?:r.!" 7'h>v.s",,",j,.'1!4~/h"?/,,/~4;-:7-~4;4...c::-'-':_:"_CW;;:' Dollars ($ ~*.:!. (;1 :y/ __.J /itll payments to be made;1S tollows, ~ /'4 (j?-93,c.) 7" r:?{.p c.(,,;;j;;/j .5?-"7'/J:;' 2;' 0.93. tlY, . . . I w $'9"3 ' "'1/.. .' / /". //.//. .(,.~;f/ ,";V-4a..J ."r;'~,.?:/d,/,7/""'/ d' ,/ /,....' ':--'0,'. .'1 .'/ /. ~ ,"""'; ,1.J.,. "j'0:4/ ...........-""1:' . r,- ;r;v(~,.L l/(/ (',/?__.I (.,//,-'.v:/,l r'C',/77/:/.-'//&/.~~ ~ I.J/:/,n",J,.-1"C /.- ',: ,"_~" . / .7 i . / / / / / :/ Respectfully submitted ...:c'!:2tz:/~.f"::/;'::"'':::'" ?~/':':'.?;?U.cz2;(;1,.-:'7 II allerafion or deviation from above speci/iC;itinns rrlVolving exlra cosh. I be exoouled only upon writlen orde(, and will bE;come an extra t::harge " and above ttle 6sHtn<lta. All a.greements contingenl upon strikes, ac. en/G. or delays beyond our ('..Q{llrO\, ",,>;;,; /' /,,, . ,.- / / /' Per //'),s' /'; ,,? /:,<:> "'~",r-o 1.....;~.7 ~' ~ ;/, .r .~..< ~------t:.~~-L~--L._____ Note - Tllis proposal may be witlldrawn by us if not acoepted within _ days. ACCePTANGi OF PROPOSAl-. , above prices, sPllcifloations and mndillons are salisfilctory and are nereby accepted, specified, Payments will bll made as Qutlinild abOve. You arll autllorlzed to do tMe work e.Q{ Il:../ ,'7 i)_.j~ .._ I i ,,y'., , j f/'-:r-c<''-~''"~r--,":~ _ _ (/ {; / '7 .i .. :" I <..' Signature l J.l\ /:-,,~~,{::::~~:... ,,'''~..e:Jf-,,:::::_:c.~::-~,--., .._-'-l-.!::'--~-'~~:'4'-, Signature. . \ c>.. /;~~~'fL<-J- /2,___:..."-_,/ ,j. 'Lf---- ~-JC 3818-50 PROPOSAL ..AJ -\-- \;.. ('" c.. \- \ l\ r-.J S "\ <.;. '1QL;.("\-.C'" ~ A y..J .A 0"- S" fl'~ <;..\ \"= \ c;..<.\ \. lOA.) S $\"':~;)M\\+e..~ c>U D~'21/0'i .6'1 ..m~,dr CONSl-ri.-1...I-,O/v "->",,,-, bll.tul<. "-'>(""'''1 .~ 12~l.~':;se:d i..l~~"\t-~ ~,-~,'t" '> left " Sl<\~ "r~nTS 0( Ei..:.. ~,.~tl....r.'.., ......... I. fll.U1'n,,",~x ., \)u.c.~ ""0<' l<. P<:.- A..Co_ '6. .k>....d ~ 'I t......'1'~ \'X'-\.)l2..\" l':o \1lo-r0~ So I \ ~"7rl.A ~~""'5:-. ,..,or It;. \'...........c~""-<t ~ \..'!I>" \,~ "- '(.u,u.. Mlu.J ~.~ I'Z-S'1'3, (......., N\ '1......,.. "'~..., ~\<>...<..c A"'- lfi . ''12. ,.. B""-<,-,..\1i~ oW E" ",T~i'I S IN !:-<XlI>'\ Q'i h'>:\:kr-;"'l ~ ON-"" t 5 AnS6-{/. +0 '.~ "'~"<6. t..~\Z. 8i<t.<.K 71>1' 5k'fL,~h'fS Phm/~J V'/~c. /Vok. .1-/,,$ OF '1;'Z"I1o S-C NO......, Wt.......,'~j<\ 'f~ IC-"-'d bl".vo:.C '"'pe,." c..ornp/<ah.JIV of 9, )... '1<0 . .)"0 Th~"'\L 'to'-' ':5.~-u\ 1'1')("$ /y,a.n \ '1 ""' p,.." <. }e.. S'ah 'jou.r..s <57. ? Z.. 0 ~I tw~;d n ;1<3<AdT . OAk Xi i YV'~~C--~ y ~ x.. ~~ 1,1 J <lLJ;. 'E'Rf5POSAL ,........- \ t ..L =>+,. . .)(A_A (.,. i i 'c... C,n '"::,.,.". \)..'.. \-~ O.~\ .~ -'T --; (~~ iJ '\':J I I t,_, , I l'IXC't . ;. 1. PROF'OSAlNO. ~s --} t"r\-\ (' ,-",",,'.~::i Po,;, .f (:,~, C.~.t. SHEET NO. l\,.!.l~' \.".~", ,,.., c$ DATE , j( ; I PROPOSAL SUBMI1TED TO: NAME WORK TO BE PERFORMED AT: ADDRESS , PHONE NO. \ ;:..:...( ('. , :' '1 ',' <.L, 'i... It """,.,... ~....'~ OliYE'OF'PulN13------,.--... .......; 73 I d, ~S 1C:2~~L~---'-'- ARCHITECT .,," I -. --'~I (.-:' .. ./. We hereby propose 10 furnish the materia is and perform the labor necessmy for the completion of _..,_____.~_.______.__._.__ c.-Ou-1:~~.--..,-_____;_-.-__.-:..---~:--c---..-.c-..-...--.-.-.... ______.. ,'c". ........... ....._____.____..._..__..__..... '.. .__.. -~ ~--B.<=L"L2J'nL.~lJ.{- {~j (2"f I'-Vi; /L..U., ~_~") ''\ , " ',.J-' , ...... .' ,", ",' ,..... ~. ' (1:::.__ \e,&~ (3 Ql~"" .~ . k~~ ..)0.... ,,~-.--- -~*n$-- (1'l~~). '(f,::\ . . ~~f b '- { "~__,J:1t.1p .oj t"l ',3:') \ --,) t\t. - H,,\'~,l~r(:'( ~ on__ J'r- . .. c~ . . 'l),,,t, c'*cJ JI ~ C;\<;~~~~ + 2~:.c~:.,I,;~\::'J:~';j~~:~:=-----.---,-.--~-- :'I,,;~:~~ - " ~_. '~t>( '" r <; III..." .-'J'1/ ~o ." 1/ (=1-,,-,fr.:'" All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings andspecifi. cations submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ ~ with payments to be made as follows. .nY alteration Of deviation from aDOIIe specifications in'JoI\ling ex1ra costs ,m be executed only upon writt&n order, and will become an exlra charge ver and above the eslimalEl. AU Elgre9mflnts conlingenl lll.lOn strikes, Il:C< dents, Of delays beyond OUf controL Respectfully submitted ._-'-:>~O([ U Per ~C'I'\,l Ci(Q ,") ( , .,,..-r--\ '(" "-,_." ....> . ~ l:1 ~ .tj..l C J.-:: Note - This proposal may be withdrawn by us if not accepted within_days. ACCEPTANCE OF PROPOSAL le above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work : specified. Payments will be made as outlined above. Signature FA v--- (~7 ;l::~.z;/'('. "' , ,~,,~"'''.4~.,. ;te Signature _ d:.{. : _I Ii "J;.L~,l-, , """" NC 3818.50 E IN USP. PROPOSAL POSAL c "'" .~ ....' ~ PROPOSAL NO. PROPOSAL SUBMITTED TO; NAME . WORK TO BE PERFORMED AT: ADDRESS ADDRESS i"'-..".--......----...-....---~-.-."'-~.------..-.--.----" I tHaNE NO. CAT::: OF F'LA1'D 0_- ARCHITECT We hereby ptopose to lurnis/l the materials and pelform the tabor nece.ss8lY for the completion 01 ._.".___.__.___.~____..~_ j .~~~~:l:I-~~I~.:~=~.~GI~:;,,-==~--=:==~;=====-==~==~===~==---==.:.~===:=~=_=-===~=:=-_.=:__=:-=~_ '., ' '>.\ ~"} H. ~L..:.. ~ d..i.i.L!}E{- d.;,~.D::' i o~.r:.9.s.:..g.,.--~--..---..--..---.--.--- -t<,'..T1bU~ Q. 0o_L~ ~..-,.-,----"~ '. . _ . .' . ,', _. .. . .' :~~~~~~~i -__ _~~- :'5,1':\.J~"{ :r..n~C~A"1 J1s.,^,~~~C'\\(9)(.\ *o<-'<~t ,)1<, . \(\ I~ . . ...... .... . . ~~~'t!;;'::^; II l Q '"'<"\Q.D~_.s'~_*r":)......\...&-=:C\.S-[.,)hc.( S"__.\:1m:nL:>-'-"-.J\\ o.A.:, f~~'-D~€.CL-------- "" ""?Jc~ . ~ \':'~~"~~n.e.. :iu~ (tJ,~h~~ .- C;~-..:) e \I",c,,- \-\:" c~J-}, \.'" t."J.&, c:::CS Y""".",,,, o(tQc9---h, IO(<~ \d \ !c\<..j- (J""U~.l;\I Q,^A. All material is guaranteed to be as specified, and the above work to be performed in accordanoe with the drawings and speC/fi, callons submitted for above work and completed in a substantial workmanlike manner for the sum of __________ .____________._______ Dollars ($ with payments to be made as follows. Respectfully submitted to . \ -', - \ Q, i l' S (yJ.. C_t:KE-lx \...l.C' \1 (j-1 \r'~ ,^ \- Any alteration or deviation from above speciliIJalion'S involving e:ll\ra costs will be executed only upon written order, and will become an extra charge Per over and above #'la estimale. All agreements contingent upon strikes, <Ie- cidenls, or delays beyond our control. Note - This proposal may be withdrawn by US if not accepted within_days. ACCEPTANCE OF PROPOSAL 'he above prices, specifications and conditions are satisfactoty and are hereby accepted. You are authorized to do the work \s specified. Payments will be made as outlined apove. Signature _ 'ate Signature i'-..dam:9 NC 38i8~50 \DE_I~i USA. PROPOSAL . . PROPOSAL pROPOSAL NO. .~ . '. . SHEoT NO. DATE PROPOSAL SUBMITTED TO: NAME . WORK TO BE PERFORMED AT: ADDRESS ADDRESS PHONE NO. ." iJA1E-3f13LAj~s-"'-~;~'----"-----"_._-'--~'---~""----' " ~.( .'--.-,_._-'".._._-----~.~._'.-..,..-...,~.'. -.'-_..._._----_..._,._.~._.>-.- ARCHITECT..~...) Y ~. tj;- , All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- cations submitted for above work and completed in a substantial workmanlike manner for the Sum of _____Dollars ($. ) -----~-------_._-- with payments to be made as follows Any altefatkln or c1eVlStion ltorn above s~citications m'lQlvlrlg 0)llfa costs will be executed only UpO(1 written order, and will become an extra charge over ;;!nd nbove Ihe Flslimatfl An ~greflments contingent upon strikflS, ac- cidenls, or delays beyond our control. Respectfully submitted. ::~::;\C'l..J(-Q-~. (...cl:::::~(u.~:kY\ Per ' 1 Note - This proposal may be withdrawn by us if not accepted within_days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby 3.5 specified. Payments will be made as outlined above. accepted. You are authorized to do the work Signature Jate Signature 1: nm",,,- NC 3818.50 'AD!::: IN USA PROPOSAL P2tiPOSAL PAOPOSAL NO. . . . SHEET NO. PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: ADDRESS C DATE (- ) I .,..,..") ... ".~ r,"f :.) ,) '-" () U I j --T-- NAME ., ADDRESS .. ---------.-.-.-...---..-.----.-- PHONE NO. DArE'Of JJlMJS --~----.-.---.~_._-.---<-.~-..~ ARCHITl;.CL.--- e hlJreby propose tofurnish the materials and pertorm tht' labor necessary fOr the completion of ___________________ _ M~-bco-~-~~~~o~~:~:=_===-~=~(\ ff~:=~Eje.=====_=.:=:=-:::==-:_._--_=== _~ ,- (Y) . ,- ~.r"'\'"Y1 .---------~. ((I,,, \ ~ All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- cations submitted for above work and completed in a substantial workmanlike manner for the sum of __________. ____ Dollars ($_ with payments to be made as follows_ .ny alteration or deviatlon from above specifications in\lolving extra cos\s ,jIf be executed only upon written order, <lod will become an extra charge ver and above the estimate. All agreements contingent UIJon strikes. ae- dents, or delays beyond our control. Respectfully submitted ::;J C:f.y9J (1('rf",+fl-^<cl-f..l,!'- Per -=R!::on ctJd ,S~~ \Cl-:\ Note - This proposal may be withdrawn by US If not accepted within days. ACCEPTANCE OF PROPOSAL le above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work ; specified, Payments will be made as outlined above. Signature lIe Signature ....n.. NC 38i8.50 'F.IN US" PROPOSAL .-- . ~POSAL PROPOSAL NO: ..- I!;- SHEET NO. DATE __'~ C5 PROPOSAL SUBMITTED TO: NAME WORK TO BE PERFORMED AT: ADDRESS ADDRESS I~----._-'--._~'-'----_..'--"~._'-------~-~----"--'._-- I -----.--.- DATECrPLt\NS--~--_.~-~'._---~~------- C, i' ....} (.: I (. '..A.~ ARCi=ii~::-- C/ . ' I ., ! ...----..-;----- \ ~ ~::'. ' , PHONE NO. We hereby propose to furnish the materials and perform the labor necessary lor the completion of __.___.____....__._ :~<;~~;.P-ff~~~;.~\.;]...-. ..--.~==~===.'..=.-====.._====....====-.-.=====..=..=.=====..=--~=== ..-. =..-..- :r,,' "'.;4," IltL1.;>\ riX:::: ';i' f\ t:~5~rt.-l Ju a X/~',+' (\ r{ u.nd9'::l.2.,______ .----=.---~ .'---. ,~r,~'J~D;~;d :o~~~ ,~\(~~ C\~~"f~. .,"''-''-.----- ~ \ '.0 . lle" \l....fi. \..L_..__............_~~___. , c' .. ,. ., ~ =~~~f~~~~\:~:tjA~~l~~\~~ r~D . e.:c)t>f Sick (}It.*h\rry (d'<-d .i~.l.cj a.~'vl 'Itl. ;0;1;:- /ft~':rr:~-I.ii.iU4j-'c;I';\~:';"~'------ ......,,-----.------------- l,~~~~Oq~ ~~](lt \; ;' ~~~...\ &Y\ (m l..~,1 .k"X+tJC ~h\.e.r:...io"":l',\u::>c1 -'Jt1l~QI~H~..c--t.:, ~ LCb~ ~"" be,..) ttlt,l!jI L,}G "",I,'i/l~ rvH,("h~)..,-,,- I (lh(,..n''<3,L.}3H-i "rtyfu(l" tt.......A <<').",-(", (YIC".}()~ Of ~(>lp' c:... All material is guaranteed to be as specified, and the above work to be performed in accordance with the draWings and specifl. cations submitted for above work and completed in a substantial workmanlike manner for the sum of .____DoJlars ($ with payments to be made as follows. ~ny alteration or deviation irom above specitications involving extra c~ts Nil! be executed only upon written order, and will becomi1 an extra charge wer and above the eslimate. AU agreements contingent upon slrikes. ac~ :idents, or delays beyond our control. Respectfully submitted -.(5J.r;, i \f~1 + Per . . "Rr-,{!/t i(-J. !:-=1: c.) \ Note - This proposal may be withdrawn by us it not accepted within days. ACCEPTANCE OP PROPOSAl.. he above prices, specifications and cOnditions are satisfactory and are hereby accepted. YOl! are authorized to do the work s specified. Payments will be made as outlined above. Signature ate Signature _ M/mns Ne 38-18-50 ,DE iN USA PROPOSAL f'~QPOSAl " ","1' r.;; ~R 90s L 00. . WORK TO BE PERFORMED AT: r- "Q,'l-T'€ CF PL;'\~,!S^-- .'-..--".--..,.----',-.,---.-~,- SHEET NO. / /~. ,>'1~/ /,,, DATE / ' .f,.~2j-/j7 '" ./ 'ROPOSAL SUBMITTED TO: NAME ADDRESS ._._..~_._--.__.- PHONE NO. ARCHITECT ':;0 4:~ .y;h.... .,'- -~-----_._----- yVe ll~reb~ propose to furnish tDlI materials andpt)rfcrm the labor necessary for the COInpletion of _...~_..._...__..__._.__.. ;{~~r:~~:~~.'::z..~c:~?:'-_.,;+~~~-_;~:::~~::.~~:<i4...;.L".,~::::.::,~::..-,~:..4o~,L:~.._~t__;.~...,.;,:Z~:?:r: ,{ -' .___~__~__..___,,__,___._. -~----~.--.,---.------:-~~_~~.~--,......_~~___,__....,.-_:______-.__.....c....__~~____~~_._.___...______;...._,___.~ -+.~ii:--;'<?<' c<'{~..:n.",.f:f' :1r' ~.c;;:'A'.7"7{r;;'1 ,-'!f~,.//f.... ~4 .~-c.-~?~~,:~~)'-..:t;;~ , ,~ _-'+ /~ -- ~i=-r>-?d~0S~~_ " ::il)~~~>;: '~~72' C'b . :-.;.~. L -~ -...<:,~'''\"' "'~;f''' {/r'.;;-r,:;.:it_ -~~'~~.~~<'~("1'7 ~,-'" :,5:"" "- /;)G.><r7? ,:<"'./v::;';1;'"=.~ -~ ? ,;55.2,"(::' /~Y;;'~;'N :Y"(: :/~/7-;"/ <i-:~;.~>,:'./ ~ ~~:j_ "'," ~::~.:, '~"-~'(:J '- r' fJ7.t'?"_:ji //./>:<// l '~ '"r'>' )~--,<.,,//:>./. ,,:///~ '-K-,-r~'..?'(';' J:::-:,., _<;-~:~.-., - .......-:::.. ,,_-.c:".....~...." .,.;t--;t;..":,,. <.'.v".r....l/ /~I~;,..' /.,~'S- C.,s//IL.:t ",.' /"c!.-" //h:;Z::./4:'Lc' , ..:/;; "",.u'// .!y 21z./" . t~,h'r.~ ~?,:. -: ;.4:, .,>;,,?/~~,,-<'/{," !;{.,. '.f./:;;(..~'//)'~"/'-:::'5.6:'o/ -L~€:i:~<:~:j.::/// /X7,...J /,:,,-:,,;;'J~':"'.;-r?'-~' :?:'. J,~:~:,,:,:~,~~'7:,A >f;;:'::i.;~~;0:;'::' :~;:..~ ...;~:;'~~:;~,:::;:':;(.(~"Jj/./ ,~;. "-~'i'</." ,..,(i I malerial is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- Itions submitted for above work and completed in a substantial workmanlike manner for the sum of . . ___ Doilars ($ . -" ./f/;:;., " .-~..,/ 'n payments to be made as foilows. Respectfuily submitted altera1ion or deIJia1iorr from above specifications involving extra costs Je executed only upon written order, and will become an exlra charge and above the eSlim<'ita. Air agreements contingent upon strikes, ac- Ifs, or delays beyond our control. Per Note - This proposal may be withdrawn by us if not accepted within -, days. ACCEPTANCE OF PROPOSAL above prices, specifications and conditions are satisfactory and are hereby accwte<;t.-,,<<\u are authorized to do the work )ecified. Payments will be made as outlined above. .'.7'" /~~ 't-:. '//) ..:.;') Signature _ 14~c),",--cv::t~ ') ,{:::" , /1,; '. V' -\" ;rj:;-... __.___.__ Signature !:1 , "~_-='- c j ~::-:> __.___ 1$ NC 3818-50 lJSi. PROPOSAL I~/ 7 81PAf 7/"c.L ~ tN1 .yL.,P - ---- 9d- '0 1.."a/1-6.'" phu""4f ~t:e'o Sj,~ ";?.?9'> · .... .I/;UX;' IJIt:J .1/ liP. #- IJft!K. s..~ ~!)vel~ ~~ potP. "'c J?J I'" t/#'o"" '" reI- .sJ:,./tt! ;Jl~el {bS1 .5<jp. ~ ~... ~ ,;..~ ,<1- 41/1'4 ~~'.k-~'~;> ~//t? 00 ~ __ 41/1.&" ~/J~' <#' ~ ",A .s;t t31!..&C -- -- -: __ .,,,. II!> _ 1h*.hn..16 ~- #~ 6t"""'~ 11I/.4. /.1.p" (I'/.W) t ,1,-,'"",,, h4/s 1- w ~ t ,//..,32 _ ,,9~ ..; 3t.7:l.ar - j/ar~ 5}~ &MI-M./ j"u:.r ,1a~.1~ - 11...- M-- c:~ '/1f ~r~ / ~.~ ~ith ~'? N/~~ 3.~" J~ tjtl"'/ ClJHj'6 7$- N ....r-' ?>" / f,;.p / l.wdd (~~.r~~:.,) .:SuJ/I"'/4f Iii tf., ~ r #w ,,../~...,'''' -p",;".I. .# .3"lfd. " ()14';","/,S .8.rlt "-'#r jurAl/ ,6#.eA ~ J';.r, iI'D ~.b"f II!",,,,, A"", 7;"1'" to ,r,,,~-L I- _ S ;'NtI. "e: c.e,...:~ .,II,. 5i'l,S'S: #0 SJ 1S5,.- ~ dI~~..I' 3~7;l. .31' . ..,:)~ :l,':;. (, t:2 ~J . .- ~3 6AfJ.!~; c/ee/~ .. ~ ~ .. ~ '" ..... -.. . ,."... -', ~.,{;,..." ,&;'I?~ fj"" A--.... 5111. tI' /-1,//11-1 /JtJv'Af 1II1iti''''''" -/I /d/ ,5/f, " ,A:~11 ,t:;,PJi4".. t'~4'+..c.J"'6 .J;4"I')~1 ,,' ~:c.I / /",Jd-' Cmln!p. ;, ~ ~~ .$InK ~ .&..., Ilk"'~Ms ~ ttV'~ ~ /SJ;~ >~ 3/11- -- EitiAMSI- r.rU1 / Itlla-l e.-6. I~".- M,..", t16;?~ k fV,,!, .a:..::.... W,'r/Af ;?~I! ~ L ,;~:.:-:> &J.....,. (' I~/, 60 I~ 4111 /fa?,tltI 3~~ ~~.y,'O . . .' ..'" ~.J .,.', '. '. "" '. ;~.4'" ~ ".' ,J' ".: ._~ ,i-,. '\ 'c' ~.' :". '.. "..~, ... ... ".. ... .." '.~ ~.~ , . ..-1',:.#';.':"'\".. ..... ..:...... ~'.,.. . . . ~ h.14 ~Jef7Y;/lt.:J . $"&-f~ /!1J~ . "~"ljl 110 S; lIS/.~,2 - ~~ /1J4H,'''' ~071r~ ~;31. "11 .B~~ ~~" l.3t?Or'~ ~ + A';.J.~ 3,3PD.oO /''''$I-ik )(.k..s A??'''ck/G....~, /7lit~) SV6~ ,fl" 0.J(;9/ e ,p' r- ,.'1". "Z.IEGLER '. ..~~~..,'l V. ~ ''',''C','''' 0'" OEED~ " ,~IJ vi;i..; t..r\ . r .,; u:;:,:r\LAlHl COUNTY..!,,; Tax Parcel: 31-09-0521-001 Q3 SEP 23 Al'110 If5 THIS DEED, MADB TKB l~ day of ~ ~VlAInOr in the year of our Lord two thousand three (2003) l~'~ BBTWEEN JULIE A. WINKLEMAN now known as JULIE A. KIRBY and BILLY R. KIRBY, husband and wife, Grantors and JAMES L. PROCTOR, JR, and MARILYN C. PROCTOR, husband and wife, Grantee(s) : WITNESSBTH, that in consideration of ONE HUNDRED EIGHTY EIGHT THOUSAND DOLLARS AND NO CENTS *************** ($188,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, TRACT NO.1: Township, County and described as ALL THAT CERTAIN tract of land situate in Penn of Cumberland and State of Pennsylvania, bounded follows: BEGINNING at a point in the center line of the Governor Ritner Highway (U.S. Route No. 11); thence by land of the Kelso Heirs, following an old post and rail fence, South 21 3/4 degrees East 453.5 feet to a point at the East Side of a locust; thence by lands now or formerly of James E. Jackson, Sr. and Grace S. Jackson, his wife, of which the herein described premises was a part, North 72 1/4 degrees West 627 feet to a point in the Mount Rock Road; thence in said road, North 28 degrees 20 minutes East 140.5 feet to a point in the center of the Ritner Highway; thence by the center line of said Ritner Highway, North 73 degrees 25 minutes East 50 feet to a point; thence by land now or formerly of Mrs. Mary Kitzmiller, now Tract No.2 hereinafter described, South 24 degrees 55 mintues East 72.2 feet to a post; thence.by same North 72 degrees 25 minutes East 125 feet to a post; thence by same North 2 degrees East 72.5 feet to a point in the center of the said Ritner Highway; thence by the center of the said Ritner Highway, North 73 degrees 25 minutes East 165.5 feet to the Place of BEGINNING. CONTAINING 2.73 acres, more or less. fioOK 259 p~CF.2217 Sl-T#S 0S7/(j P,-o cfor EXHIBIT "B" '. , SUBJECT, however, to the restriction that the parties of the second part, their heirs and assigns, shall at all times keep chickens and other types of poultry confined within the above described tract of land by a sufficiently high and properly constructed fence in order that the same shall not run at large over the remaining portion of the tract of land from which the above described tract of land was sold. TRACT NO.2: ALL THAT CERTAIN piece or parcel of land situate in Penn Township, CUmberland County and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a spike in the center line of U.S. Route No. 11 at corner of land of Floyd R. Bitner and Tract No. 1 above described; thence along said center line by land now or formerly of Mary L. Kitzmiller, deceased, North 74 degrees 33 minutes 20 seconds East, 163.33 feet to a spike at line of land now or formerly of Charles F. Stahl and wife, Tract No. 1 above described; thence by said Tract No.1, South 2 degrees 20 minutes West, 73.70 feet to a stake; thence by the same, South 74 degrees 05 minutes West, 127.05 feet to a stake; thence still by the same, North 26 degrees West, 73.98 feet to the Place of BEGINNING. CONTAINING .246 acres, more or less. BEING THE SAME PREMISES Which Ronald G. Strawser and Julia Strawser, husband and wife, by Deed dated July 31, 1986 and recorded July 31, 1986 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book B-32, Page 719, granted and conveyed unto Julie A. Winkleman. THE SAID Julie A. winkleman is now known as Julie A. Kirby and is hereby joined in this conveyance by Billy R. Kirby. Mali 259 PAGE'2218 And the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WIT.NBBS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and in the presenc ~tl. ~~W~~~ .--.~ . COMMONWEALTH OF PENNSYLVANIA: f\1. .u//'IA _I,. _ _I : SS. COUNTY OF LLllY\lLIif {J..Ul(J.. . On this, the Ict~ day of OJAJIIVIAIf"Vl(. 2003. before me, the undersigned officer, persona~~~~~ed JULIE A. WINKLEMAN now known as JULIE A. KIRBY and BILLY R. KIRBY known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNBSS WHEREOF, I hereunto set y and and of 'cial SEAL) _ Sa! ~ L Kal"'~ N.-y PlIbIIo ~.;;r.'~~ .Cr:J;, -, 800K 259 Pi\Gf2219 " l . I do hereby certify that the precise resi~qc~and co~~;~e~~~st office addre" of 'he,::::"o gran'ee~~~~ Agent for ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF 88. RBCORDED on this the Recorder's office Vol. , Page Given under my hand and seal of the said office, the date above written. day of , A.D. 2003, in of the said County, in Deed Book , Recorder ~~~~~:t:~i~eJ~eJ - i~:" I a;tl , I ~t:l~t5~~~;;;li::l~ I. ...~~ ';:J ~ E i ~,. ;;1 . f ~ ~U~ it3 i ... - ..... .- ... ..... """ - ~~I~...",:;;:::~~I ;;;; 8gg8ggg~ggg~g ~ <'"> !: .., ... ~ ~ - l ~ f ~b' :4-s ";< .... s: !~ ... ..., .... ....,.. ~ !:9 2ii- ~ t:I -, ., '" "',.. - .- Ii' "" :it $ .' N 0-. I I' ',tif th' Y . IS to be rCCo)'d 'd '.nlb I C , er and County PA .\)~.-4 -='v.~' . . ;,' /""t_ o . ) Recorder or Deeds 800K 259 PACf2220 CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint to Enforce Mechanics' Lien was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Thomas S, Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P,O, Box 11998 Harrisburg, PA 17108-1998 MARTSON DEARDORFF WILLIAMS & OTTO B line A. Decker Te ' ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: December 2, 2005 , ) .c'" ,-I \ r ~i c...; RONALD J, STOUDT, d/b/a STOUDT CONSTRUCTION, Claimant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v, : Mechanic's Lien Claim JAMES L. PROCTOR, JR" and MARILYN C, PROCTOR, Owners : No, 05-3179 Civil Action NOTICE TO PLEAD You are hereby notified to file a written response to Owner's New Matter within twenty (20) days from service hereof or a judgment may be entered against you, DATED: January 12,2006 ~ Thomas S, Beckley, Esquire BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 HarrisbUrg, P A 17108 (717) 233-7691 Attorney for James L. Proctor, Jr. and Marilyn C. Proctor " RONALD J, STOUDT, d/b/a STOUDT CONSTRUCTION, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : Mechanic's Lien Claim JAMES L. PROCTOR, JR" and MARILYN C. PROCTOR, Owners : No, 05-3179 Civil Action DEFEDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO ENFORCE MECHANIC'S LIEN AND NOW comes the Defendants, James L. Proctor, Jr., and Marilyn C, Proctor, who, by and through their attorneys, Thomas A, Beckley, Esquire, Thomas S, Beckley, Esquire, file this Answer with New Matter to Plaintiff's Complaint to Enforce Mechanic's Lien, and, in support thereof, avers as follows: 1. It is admitted that Plaintiff is Ronald J, Stoudt, t/d/b/a Stoudt Construction, After reasonable investigation, Defendants are without information or knowledge sufficient to form a belief as to the current location of Plaintiff's principle office, 2, Admitted, 3, Admitted, By way of further response, it is denied that Plaintiff performed the improvements as required by the parties' contracts, 4, Admitted in part and denied in part, It is admitted that Plaintiff filed a mechanic's lien claim against Defendants' residence on June 21, 2005, in the Court of Common Pleas of Cumberland County, Pennsylvania, at docket number 05-3179, and that a copy of the lien is attached to the Complaint as Exhibit A, It is denied that Plaintiff provided the work, labor, equipment and materials as set forth in the mechanic's lien claim, To the contrary, as set forth in Defendants' New Matter, which is incorporated herein as if set forth here at length, Plaintiff failed and refused to complete the work as required by the contracts despite having received payment from Plaintiff, With respect to the Plaintiff's Mechanic's Lien Claim, Defendants answer as follows: (1) It is admitted that claimant is Ronald J, Stoudt, t/d/b/a Stoudt Construction, After reasonable investigation, Defendants are without information or knowledge sufficient to form a belief as to the current location of claimant's principle office, (2) Admitted, (3) It is admitted that Plaintiff contracted directly with Defendants to perform certain renovations to the Defendants' residence, It is denied that Plaintiff actually performed those renovations. To the contrary, Plaintiff failed to perform and/or negligently performed the majority of his work. Defendants hereby incorporate their New Matter as though set forth here at length, (4) Denied as stated, It is denied that Plaintiff completed his work on February 25, 2005, It is further denied that Defendants directed the Plaintiff to cease working, To the contrary, the Plaintiff simply stopped working, Defendants hereby incorporate their New Matter as though set forth here at length, (5) Denied. Defendants hereby incorporate their New Matter as though set forth here at length, 2 . (6) Admitted in part and denied in part, It is admitted that Defendants requested (repeatedly) the Plaintiff to complete his work, and that he had performed some work on their residence, It is specifically denied that he completed his work, By way of further answer, Defendants hereby incorporate their New Matter as though set forth here at length. (7) It is admitted that Plaintiff has claimed that he is owed $18,838,58 for work he allegedly performed, It is denied that this amount, or any amount, is owed, Defendants hereby incorporate their New Matter as though set forth here at length. (8) The allegations contained in paragraph 8 of Plaintiffs Mechanic's Lien Claim constitute legal conclusions to which no response is necessary, To the extent a response is deemed necessary, Defendants hereby incorporate their New Matter as though set forth here at length, (9) The allegations contained in paragraph 9 of Plaintiffs Mechanic's Lien Claim constitute legal conclusions to which no response is necessary, To the extent a response is deemed necessary, Defendants hereby incorporate their New Matter as though set forth here at length, WHEREFORE, Defendants, James L. Proctor, Jr., and Marilyn C. Proctor, hereby request the Court to enter an Order dismissing Plaintiff s Complaint and striking Plaintiffs mechanic's lien claim, and any other relief this Court deems appropriate, 3 . NEW MATTER 5, Defendants hereby incorporate paragraphs 1 through 4 of their Answer as though set forth here at length, 6, On or about September 19, 2003, the Proctors purchased the Property as their residence and began living in it, 7, On or about June 4, 2004, the Proctors entered into a written agreement with Stoudt in which Stoudt agreed to make certain renovations to the Proctors' downstairs bathroom ("Bathroom Agreement"). In exchange, the Proctors agreed to pay to Stoudt the principal sum of $1,525,42, of which $1,000,00 was due upon signing the contract, and $525.42 was due upon Stoudt's completion of the work. Due to certain changes which were made in the agreement, the final price was increased to $2,900,72, A true and correct copy ofthis agreement is attached hereto as Exhibit A, 8, On June 14,2004, the Proctors entered into a second written agreement with Stoudt in which Stoudt agreed to remove the back porch/deck at the Proctors' Property ("Deck Agreement"), In exchange, the Proctors agreed to pay to Stoudt the principal sum of $1,800,00, A true and correct copy of the Deck Agreement is attached hereto as Exhibit B, 9, On or about June 21, 2004, the Proctors entered into a third written agreement with Stoudt in which Stoudt agreed to make certain renovations to the Proctors' Property ("June Agreement") as set forth in that Agreement. In exchange, the Proctors agreed to pay to Stoudt the principal sum of $22,593,04, of which $16,594,04 was due upon 4 . signing the contract, and $6,000,00 was due upon Stoudt's completion of the work, A true and correct copy of the June Agreement is attached hereto as Exhibit C, 10, On July 22,2004, the Proctors and Stoudt entered into a fourth agreement in which Stoudt agreed to perform additional work on the Proctors' Property as set forth in the agreement which is attached hereto as Exhibit D ("July Agreement"), In return, the Proctors agreed to pay to Stoudt an additional $12,593,00, of which $9,296.50 was due upon signing, and $9,296.50 (which included the $6,000,00 from the June Contract) was due upon Stoudt's completion of the work, II. On August 25, 2004, the Proctors entered into a fifth written agreement with Stoudt in which Stoudt agreed to perform additional work on the Proctors' Property as set forth in the agreement which is attached hereto as Exhibit E ("August Agreement"), In return, the Proctors agreed to pay to Stoudt an additional $7,236,00, This left a balance due on all three contracts of$16,532,50, Of the total outstanding balance, pursuant to the August Agreement, the Proctors agreed to pay $8,674,00 upon signing, and $7,858,50 upon Stoudt's completion of the work. 12, The August Agreement contained a "projected completion date" for Stoudt's work under all agreements of October 1, 2004, 13. In November, 2004, Stoudt had still not completed his work under the agreements, and, despite having received approximately $60,000,00 from the Proctors, threatened to quit the project entirely unless the Proctors paid to him an additional $3,200.00, 5 . 14, In total, the Proctors have paid to Stoudt the sum of $62,652,26 for the work set forth in all five written agreements, The following is a list of the dates and amounts of each payment the Proctors made to Stoudt: June 3, 2004 June 16,2004 June 18,2004 June 21, 2004 July 6, 2004 July 6, 2004 July 23, 2004 August 30, 2004 September 16, 2004 October 15, 2004 November 17,2004 Total: $ 1,000,00 (Bathroom Agreement) $ 1,800,00 (Deck Agreement) $ 1,900,72 (Bathroom Agreement) $ 3,000,00 (Miscellaneous Draw) $16,593,04 (June Agreement) $ 7,296,00 (Miscellaneous Draw) $ 9,296,50 (July Agreement) $ 8,674,00 (August Agreement) $ 8,392,00 (Miscellaneous Draw) $ 1,500,00 (Miscellaneous Draw) $ 3,200.00 (Miscellaneous Draw) $62,652.26 15, As of March, 2005, Stoudt had still failed to complete the majority of the work required in the agreements, and he eventually stopped working at the Proctors' residence entirely, 16, Consequently, on July 6, 2005, the Proctors entered into a written agreement with 1st Class Building and Remodeling ("1st Class") in which 1st Class agreed to (1) correct the work which Stoudt had attempted to perform, and (2) complete the work which Stoudt had agreed to perform but failed to even start, In return, the Proctors agreed to pay to 1st Class the sum of$37,248,OO, 17, The following is a room-by-room list of work which Stoudt had agreed to perform but either failed to do it, or did it improperly: 6 Kitchen a, Failed to relocate the kitchen sink and create an opening in the kitchen to the next room; b, Failed to install a skylight in the kitchen; c, Failed to install a garbage disposal, dishwasher and move the refrigerator; d, Failed to install a pantry door; e, Failed to install the cabinetry; f. Failed to install a French door; g, Failed to paint the inside walls; Dining Room h, Failed to install bay window; 1. Failed to complete the door archways; j, Failed to paint; k, Failed to complete and properly install the drywall; I. Failed to properly install the electrical wiring; Outside m, Failed to properly install the siding which allowed water to penetrate inside the siding; n. Failed to install soffit which allowed animals to enter the house; 0, Failed to remove a tree in the backyard; p, Failed to paint the entire roof (only painted a portion of it); q. The siding which was placed on the house was two different sizes instead of one uniform size; r. Stoudt damaged the soffit under the front porch while attempting to install an outlet. The outlet also has a wire exposed which should have been placed in a conduit to protect it from exposure; 7 s, The conduit running along the driveway is exposed at several places where it should be buried beneath the soil; 1. The driveway has several gouges in it which were caused by Stoudt's equipment; u, Parts of the siding were only held together by three nails which caused it to rattle when subjected to wind; v, Failed to install a fence along the driveway; w, Failed to install a telephone poll which had fallen; x, Failed to install the fountain; y. Failed to properly install the lights along the driveway (not all of them work); z, Failed to place asphalt on the driveway; aa, Failed to reseed a particular area of the lawn; GaragelNew Bedroom bb, Failed to properly install two sets of French doors (one set is not level with the ground, second set is uneven so that doors will not lock); cc, Failed to properly install windows; dd, Failed to install any flooring; ee, Failed to install fireplace; ff, Failed to install any drywall; gg, Failed to paint any portion of it; hh, Failed to install the ceiling; Bathroom - Upstairs 11, Failed to install shower; Jj, Failed to install toilet (the Proctors have been without use of it for approximately one year); kk. Failed to install drywall and framing walls; Loft - Upstairs 8 11, Various parts of the electric wiring was done improperly, and several live wires were "hidden" in the insulation; mm, The integrity of the roof was compromised because Stoudt removed several supporting beams from the ceiling and failed to replace them; nn, Stoudt improperly cut "wedges" into the remaining beams supporting the ceiling to accommodate the electrical wiring which further compromised the integrity of the roof; 00, Failing to install drywall and paint; pp, Failed to install railing along stairs; qq, Failed to properly install windows; IT, Failed to install any drywall; ss, Failed to paint anything; tt, Failed to use protective covering on the floor which resulted in damage to the floor; Hallway - Downstairs uu, The flooring has a several inch gap in the entryway to the dining room; Downstairs Bathroom vv, Failed to properly install window; ww, Failed to install exhaust fan and hook it up; Laundry Room xx, Failed to supply and install drywall; yy, Failed to paint walls; Stairway Area zz, Improperly installed and painted duct work. Bottom portion is falling off; aaa, Failed to paint; Living Room bbb, Failed to install flooring; 9 ccc, Failed to install ceiling drywall; ddd, Improperly installed drywall; eee, Damaged one seat cushion on the leather couch; ftf, Failed to properly install speaker wire, 18, In addition to the foregoing, numerous sections of drywall, trim and electrical wiring were either improperly installed and/or not completed throughout the entire Property, Stoudt also left a significant portion of garbage at the Proctors' Property which the Proctors have had to remove at their expense, Furthermore, the Proctors purchased speaker wire and wall plates for use in the renovations, however, Stoudt took them from the Proctors and billed the Proctors for the materials, 19. The Proctors provided Stoudt with a key to their house so that he could access it at all times, 20, Stoudt had access to the Proctors' Property for approximately ten months, 21, The Proctors made repeated requests to Stoudt to complete his work in a timely manner, and even requested that he continue working when the Proctors had house guests, 22, The Agreements provide as follows: "All material is guaranteed to be as specified, and the above work to be completed with the above drawings and specifications submitted for above work and completed in a substantial workmanlike manner..." 10 23, As set forth in paragraph 17 hereof, Stoudt either failed to complete, and/or completed improperly, a significant majority of the work set forth in the various agreements. 24, Stoudt failed to perform its work in a " substantial workmanlike manner." 25, Despite repeated demands, Stoudt has failed and refused to honor his Agreements with the Proctors, 26, The Proctors repeatedly requested Stoudt to complete his work, and gave him approximately ten (10) months to do so, 27, As a result of Stoudt's breach ofthe Agreements, the Proctors were forced to engage a new contractor to complete the work and to avoid further damage to the Proctors' Property, 28, As a result of Stoudt's breach of the Agreements, the Proctors have been damaged in an amount in excess of $40,000,00, which amount represents the cost to complete Stoudt's work under the Agreements, and to repair the damage caused by Stoudt. 29, Stoudt's conduct violated Pennsylvania's Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 P,S, ~ 201-1 et seq, 30. The UTPCPL prohibits a person from engaging in the following practices: (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not 11 have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have; (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, ifthey are of another; (xvi) Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing; (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, 73 P,S,SS 201-2(4)(v),(vii),(xvi) and (xxi), 31, Stoudt represented and held himself out to the Proctors and to the public that he was a competent contractor who was able to perform the renovations requested by the Proctors, 32, Stoudt represented to the Proctors that he was able (i.e" competent) to make the renovations to the Proctors' Property, and that he would make them in a "substantial workmanlike manner." 33, Stoudt continually requested additional draws of money from the Proctors for work he did not perform, and/or for materials he did not purchase, 34, Stoudt's failure to make the renovations to the Proctor's Property in a "substantial workmanlike manner," and his failure to complete the majority of the work under the Agreements, constituted a violation of the UTPCPL. 73 P,S, S 201-2(4)(v), (vii), (xvi) and (xxi), 12 35, Stoudt's actions have been intentional, outrageous, wanton and/or in reckless disregard ofthe Proctors' rights, 36, Under the UTPCPL, a court may award, in addition to the principal amount owed, treble damages as well as costs and attorneys' fees, 73 P,S, S 201-9,2, 37. Stoudt holds himself out and represents to the public that he is a contractor with the knowledge, ability and competency to renovate homes such as the Proctors' home. 38, Stoudt repeatedly represented and warranted to the Proctors that he was able to perform the work in the Agreements in a substantial workmanlike manner. 39, Stoudt either knew, or should have known, that he was unable to perform the renovations to the Proctors' Property in a substantial workmanlike manner, 40, Relying upon Stoudt's representations that he was a competent contractor, the Proctors entered into the various Agreements with him, 41. The Proctors' reliance on Stoudt's statements about his ability and competency was reasonable, 42, Stoudt repeatedly requested additional draws of money from the Proctors for work he did not perform, and/or for materials he did not purchase, Indeed, he had threatened to quit the project entirely unless he received the additional draws, 13 43, Relying upon Stoudt's statements, the Proctors felt as if they had no choice but to continue to advance the payments to Stoudt in the hope that he would honor the Agreements. The Proctors were under no obligation to make these advances as they were not yet due under the Agreements, nor had Stoudt eamed them, 44, When requested to do so, Stoudt refused to refund any money to the Proctors because he stated that he had used the advances from the Proctors to purchase materials, The Proctors, however, have yet to receive the quantity of materials which Stoudt stated he had purchased on their behalf, nor, despite their repeated requests, have they received any accounting for the funds they advanced to Stoudt. 45, The Proctors have been damaged in an amount in excess of $40,000,00 due to Stoudt's fraudulent conduct. 46, Stoudt's actions have been intentional, outrageous, wanton and/or in reckless disregard of the Proctors' rights, 47, On or about February 28,2005, one of Stoudt's employees, while working at the Proctors' Property, stole two blank checks and approximately $250,00 in cash from the Proctors. 48, Stoudt's employee made both checks out to himself, one for $487,00, and a second one for $379.00, forged Marilyn Proctor's signature, and cashed them. 49, Upon discovering this, the Proctors immediately contacted Stoudt and informed him of the theft, however, Stoudt did not offer to refund the money to the Proctors, 14 50, The Proctors were able to recover the amount of both checks from their own bank, however, to date, they have not recovered the $250,00 in cash, 51, Throughout the course of the Project, Stoudt repeatedly threatened to cease all work unless and until the Proctors advanced more money to him, 52, Stoudt accepted the payments from the Proctors, however, he failed to complete the work, and has failed and refused to refund the money to the Proctors, 53, Despite demanding and accepting payments from the Proctors, Stoudt failed to complete his work as required by the Agreements, 54, Stoudt's claim is barred by the doctrine of set-off, 55, Stoudt's claim is barred by the doctrine of payment. 56, To the extent seeks to recover compensation for equipment he allegedly left at the Proctors' residence, such items are not recoverable in a mechanic's lien action, See 49 P.S, S l301. 57, Plaintiff s claim is barred by fraud, 15 WHEREFORE, Defendants, James 1. Proctor, Jr" and Marilyn C, Proctor, hereby request the Court to enter an Order dismissing Plaintiff's Complaint and striking Plaintiff's mechanic's lien claim, and any other relief this Court deems appropriate, DATED: January 12,2006 Respectfully submitted, Of Counsel Th~1&!t1J:e BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 ~ -.~ Thomas S, Beckley, Esquire Attorneys for Defendants James J, Proctor, Jr., and Marilyn C. Proctor 16 L VERIFICA TION I, James L. Proctor, Jr" hereby verifY that I am an adult individual, that I have read the foregoing document, and that the facts set forth in the foregoing document are true to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, S 4904 relating to unsworn falsification to authorities, mes L. Proctor, Jf. . \ IJ _./-_...--~~ ~"C1C~~O @ ~1-k\ v., I 1- It 31C'<<c// C&;l.57'i,;,C-:5cr77 .57/1// d;,0 /c/>'dC-L /It,,,.)vj4 7}1 /:7..2# c/A'b: - 7/'7- :7:7?" 778"1 ~eLr:J' - 7/7-2'Zc; - 1//,.1/ ?(':..T Proposal Submitted To: j J / / ";'5 ./v;ar,'/t C7?r Jroposal of / pa es Address Date Phone # We hereby submit specifications and estimates for: 2.a L~ ' ~r?7Cn ~;('sl,(]f ~f),f !fx!cj/2L -da3jcJ..t ,Lf;hi k!u.M r;,a~o"'/ 0/ AW,Pc~ ;Jt070f/e kb ~;fue )Ll_ /u./;, L /e<-6.~d_i2ff- &m<oJ.,.)~)_. ----- !PeOJd{,/t ?,;:; Iv;/-.::;e/ LJe'k..2 LOL""A-7"'; Lpa:t!~/;'I 6t1L'2:2eaw/U~ ~a/L &'OhLZtj- S/J!Ct". C2bdfL -J4:S--k.d/lLt0.,,5/LZJ('~L~"/ 7,~m/.....Y1"-"" ;;;/2; 6h ~ ~L/h J)L~~L6kkj'-,...--- ]" - Sj/!&,U I!Jd~ k-#/Ld Llz~tJ.LL( h.:2<"<~k.4~~. _u__... ~<.U Cu/iEJf/t1/au-/1&.U. _//L (7./2d' ~--_. .. _____ __. __ $-------- - .._________________________.___________ ______u __ . ..._ ~:;;;!tdL---~$~f;;:~~-7j-.~U~L1)/~ L/fk~~~~_:!'/ec/ S;;;Zd..cC~_n5z1L.u.eLUZLL6.-J2F.5-'-~j ~_4bz~~~.ek2.Cj!Z-eLd 01.&/-5 ~);/;Z~-:::z.~;~:::2~!i22ca:~);t;~/'>>.~::?~:~ ~ :~ ___.__ *. R..-?:U..4. ...,b..../1..f":i;fn,.s/, ,~/d:-*,u~ .d.~b~ (?r~_l-lz~. ---~~.-..- 1c.JI}' /ku_~d ,c:&P (~addj,MaI o~"."5e5.r_-fj.6L~~k'.ilL_ - - r~ ' ,_ complete in accordance with the above specifications for the sum of: .i ~ 5';5, , ,/z /co $ The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made 85 outlined above. Signature days. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above lhe estimate. All agreements conlingent upon strikes, accidents. or delays beyond our control. Respectfully submitted Note this proposal may be withdrawn by us if not accepted within ~ccrptal1(t of ~roposal Date of Acceptance Signature / a NC3819 MADE IN USA L ~ r: )L~I bli' 15 /cJ/vafl tf<-c/ o~ ~ #Qn:ia/~ wd~ /M /a!ak .. /gCO, eX) ~u uO(s;-L't-O~ ~~ -_.~ Ju~-- f)l:~!hlt C PROPOSAL Sl7bU/-/- t::/;/z) *uC!.hC7? 57 //7/ to,f"-U M/?lCe ;Vewt,/,//~ ,;0/1 /7';;<// ;:: ::::OPOSAL\;O -SHEET ~.O ~=:=~ ..:.-~;.:.... :L,S',:i-7ED TO '/iC:"h'r; ~J ~E ?cRF:'R~,;I=C;;':T 1;":'.'= i r I 'OD"EOS,d' I 0u- ;; <4" .::....U.,E ~:c 7 7~- I"==CES:' ! sf; ~r'e m2tesis arc perform the labor ;IECSSSary for the completion of F'/oov ::? 4' ~ /.a?, .~ DO All material is guaranteed to be as specified. and the above work to be pertormed in accordance with the drawings an specIfi- cations submitted for above work and completed In a substantial workmanlike manner for the sum of '" v: ,.-;~' 0. Dollars ($ ~a 9y~,o<;/ with payments to be made as follows. -$' /2:; 9'~,V":;/ d"" c.dtPJ 6i?/?'/O 23: S"''1J. 0'1 .I' /' DO /' If/; S"93, .::,<.// /' / /'.. ~/A& c7~A.J /It''~~r/i1/. Yl'1//(/('0, c/?//r""" C"o/?,/,.<V,..n""", ~ t//?R5.5 0""", - / ' Respectfully submitted 10 ~ t/'/?..shu: all g Per An,! alleralicn or devlallon from above soecifications involving extra costs will tle executed only upon written order, and will become an extra charge ever and above the estimiIle. All agreements contingent upon strikes. ac. cldents or delays beyond ourconlrol. Note - This proposal may be withdrawn by us if not accepted within _ days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as speCified. Payments will be made as outlined above. Signature Date Signature 3. -- NC 3818.50 MADE IN USA PROPOSAL -~ '1(C'<Cc\:O P t.-)(~i bit .AJ \-;;;;'('"0..\,,,,,,, s , 'e. '1"",,<:, 54'r..,",,1\+"'~ 01\.\ OY'2.1/C'-/ 'r.",,,",,~ A"-'~ 0, S"~4!..'-II-\c..o.\'()N::' i'''1 sTcudr CON S I- rL4 '- /., o/v . NI:<"'> bll<.., l< .....,a.'i _ ,- ..' ' , .-; 't \2..<..e.."s",d I..l~j-S (.,;V'UC~ ' 1 V/J-~ CU',iJ 9/f..! 0.' i (:r ; left " 51<8 i-L'a"TS ; .1 :.J'7' r ;;-; ,,,,,_,,,~ .,b' AJ-l '?) ~-AH j 9)0) 0( ELc.. " ,- I I..i-- ..I?/ ; ,,- /A. i ,'i./!L j ,ir.n/~~ - ':' r \,. 'P\l.Ul\~"''h. " 'D\l,<:..J. ~", \(. r-.,.- I't,c._ v .~- ... 'j ,'~ -.') - ,..; ","' f?' > ., .Ji--' '\\.k>.....d ~ /Q, ~.~ "",,\,)e.t'l:. 11:>"-"", Soil E",jjU\ ~~\ ,-,,>rl<.. \,'-""'0","''' ~ \..~ "'<to<'.- v."u.. ""'.... ,.... I'l.-,'i~ t.E..a,....11 -\ '1.o-r' ""'..t...-.J ~\......,-c />("\' '"'" ,,, 1~ ,- ,.. , B,,-<c.;...5~ cF <:^'r.../'I~ IN <:..cl>a>\ o'i """krio.l r:>. ~ IS -'-E""d. +0 ~ ~~ ~;z.. 8}<<<.K 1<11' ~/("ILI~h,S P1uml"t, f'it.A.5E ~k. +j,,~ 'l;Z ql" S"Cl NO--.J ~'...,.~ 'fCWL. ""^"d. /:.lo^,,<,C '"'PCN c.()rnpJ'ifJ~ '1-,'-9<0_5"0 CJ~ cr T""...,iL'10'"' S'''''-<o..,-~ ".,.,..~ /\")<11"1 \ '1 '" R.o d..... S'8h 'iQo,J.l'$ ,:n. ~ 'l.' 0 i./ z.-~ \0 () ?loud\" c/'Ik Xi !~~C--~ ~ X- L...1.1 J~L- ~ f)! kr 1/ PROPOSAL S-h \..l cD:- C,p(') ~ ~ ("\..J..L\-i '-'''Y\ 5/ 0\-\- iJ, ~w ~\" G-C"Q", \~o.e~.;,d<. V(\ ]lclL\{ Q>d<>~\d I f l(.,- 1(89 ,?:::CpC-S;l;...,C ::~cp~=;sr"~ SL..51)!TTED TO ':.JeRK :-c BE =~Ri:.<:,qr,1E=> ..:.T '. Fr'~E'< 0 i~- (/.Jfi-'.~J-- '8 a I P!-iCNE ,\jC I ((rv-6-;:)9~ .:..RCH,IECT I,... ,.,.<;: -.~ CLA~;-: ) _.-,.... '......t- ' ,'l~ We r.erec,y Of':{)CSe :c furn~sn ni8 rr:ateriais and periorm tr:8 labor necessary for rhe completion of , fa ~ e.. c::,."'" a:, All matenal IS guaranteed to be as specified. and the above work to be performed in accordance calions submitted for above work and completed In a substantial workmanlike manner tor the sum of Dollars ($ -:2/ C'O ~ !7( '-'~, drawings and spec,fl- with payments to be made as follows. Respectfully submitted Any alteration or deviation trom above specifications involving extra costs ......111 be executed only UDon wrrtten order, and will become an extra charge ever and above tile estimate. All agreements contingent upon strikes, ac. Cldents. or delays beyond our control. Per Note - This proposal may be withdrawn by us if not accepted within _ days. ACCEPTANCE OF PROPOSAL The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date Signature a. - NC 3818-50 MADE IN USA PROPOSAL PROPOSAL - '-- - ~ -,- -- - -- .~;TTED -:-c :;'=~": 7C 3E ~=:=:::CC:~. I----y."'r I t-''''',--'t-'.~~," ....; ! S"tor 'c c9 ( !'_, ~ n I i' - ?3Jd~~ . -~-. .-.- ;;._~'-c::::~ ~--+ i -'.:C'':::::3':: c..=.; =.:)>= s~.',~.S i O"C', "r I 'R':c'-':~ I , 'L:':-'!S" ~';S -naTE"'''Ei!::; and perform thE: labor necessary for :riE comp!et!or. cf ~N1 =(Y\ ... 0 c:.,.o<. ~ ci O~C -R... ... ~ CL.'::> I':) I.''\C,- \-\- ~\,,~~ ,).- cArS ~.'\"'O('~(~ \ Y\ oCe \d. \ \0'1' . l....&....Q",r .,0,11 maler'al ,s guaranteed to be as specified, arW the above work to be pertormed In accordance with the drawings and specifi' cations submltteo for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ with payments to be made as follows. Respectfully submitted ~~V 2i!-=rat;0'1 or :leviation from abOve specifications involving eXlra costs WIll :-.0 ,,"~eculed OnlY upon written order. and will become an exlra charge GV€' anc above :he estimate. All agreements contingent upon strikes, ac. ::ldenlS or Clelays beyond our control. Per Note - This proposal may be withdrawn by us if not accepted within_days. ACCEPTANCE OF PROPOSAL The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments Will be made as outlined above. Signature Date Signature a ..... NC 3818-50 MADE IN USA PROPOSAL PROPOSAL PROPCSA.lhlO =~c='= :':"L ~ '. ~. , -"""::C' TO /C;:K 7C =E =ERFc;::;r",\E: ~,- I SHEET '.0 ~ (., I '-C~ i-' -. .! ~_- " (:; __J ! ",::::,=:-q::::~ ~ , I i I i D^',. ~:j: ='l....:'.:'JS -"'_t:.. :: I C.: ',C I,. '---r- I-~'-''':;:::~ ! I All material IS guaranteed 10 be as specified, and the above work to be pertormed In accordance with the drawings and speef;. cations submitted for above work and completed in a substantial workmanlike manner for the sum of Dol!ars ($ with payments to be made as follows. Respectfully subrT"rted An" allHCi'ICI' or :lEviation from above specifications involving extra cOSlS wlil ~€ ;xecuteo oniv upon written order, and will become an extra charge eve, ana ,'.DOve the estimate. All agreements contingent upon strikes, ac- cidents. Gr ,jelavs beyond ourcontroi. Per Note - This proposal may be Withdrawn by us if not accepted within_days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as out!ined above. Signature Date Signature a....... NC3818-50 MADE IN USA PROPOSAL PROPOSAL I F"-~" .- "'-'r-"~}:::_-~ '!',_ I s: ':::~"-',G =,::;c;:c'~:< ::_ =.' . TT~C> i.J" /,rCPK -0 BE PE?FC,:r,ilED':"T 1 '.-,,\:E i ~2CF,ES5 i I::'CORt.S::: I b"" :>".'E OF r:!_ANS I AF<.CHiT rT Vve he.reby :::-ropos.; :Ci '\jrnish tne rr:ate::2IS and j::;.erforrn the :abOi necessarY for the compietlon of " " 01' " All matenal IS guaranteed to be as specified, and the above work to be pertormed In accordance with the drawings and specifi. cations submitted for above work and completed in a subsfantial workmanlike manner for the sum ot Dollars ($ with payments to be made as tollows. Respectfully submitted ,t.,ny altera!io~ or deViation from abOve specifIcations involving extra costs wlil be executed oniy upon written order, and will become an extra charge over ~nd above :he estimate. All agreements contingent upon strikes ac- cloents. 0r delays beyond our control. Per Note - This proposal may be withdrawn by us if not accepted within _days. ACCEPTANCE OF PROPOSAL The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date Signature a -- NC 3818-50 MADE iN USA PROPOSAL PROPOSAL pqc::'.:' ::,.:.~ 2,- 5',!';~EC ~O :'.':':=1< -.: 3:: ::=.:..;=:::::\-!:::: .- i -cr --, " ! - ,-~'~-:::.-... ,.<.;' I "'''<~t~~ ';'2C,:~~S I""'!: , '."UDRE55 , , I ~c. 5 =F ~C';',s i~;:;C.L..J!F'~ , ~t-:C~~E NC VVe reeDy ;Jr::-pCSE: .0 iu'''-''S'''' '1-,2 .......~.E- c:: 5 2."": ;:E"'cr~ the laber "ecessar/ fer :h.e :::cfTDletlor: of ~~_ . ~~::~~~~:n;i j ,J:'of'~t'~ \i (-'vcr. ......;.r\~ &~ou~ ~ ~ ~~= ~ ~~; .~ .% () '.f'~1 IIJ ,- ~ . ~ rna.u~,~ O(';jrrlf'iC All matenal IS guaranteed to be as specified. and the above work to be pertormed In accordance with the drawings and specifi- cations submitted for above work and completed In a substantial workmanlike manner for the sum of Dollars ($ with payments to be made as follows. Respectfully submitted A:iy alteration or deViation from above specifications involving extra costs will be execJled ~nly upon written order, and will become an extra charge ever and above !he estimate. All agreements contingent upon strikes. ac- c;oents J. aelays beyond our control. Per Nofe - This proposal may be withdrawn by us if nof accepted within_days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authonzed to do the work as specified. Payments will be made as outlined above. Signature Date Signature a -- NC 3818-50 MADE IN USA PROPOSAL PROPOSAL ;:.c:::,pc~..:.~ :3....'E'XTTt::D TO' ,":,:';:"< -c:. SC: :JERFCC:::\1C:2' ~T I FClCPOS,.1:.- 'H) 131-'E!::T '..0, . IC'CE ~1 I ~ 0?.5 C1y i ":':'CC:ES:- I . j;' ~ . : '.:: I ..:.:'DHc:.:::': I ;;hn.E t,.c. i I ~.' E :~i= p~P.,NS ,-- , IORCH" E:. . \jv~eoy prJPOSe IG furn:s~rnateriaiS and perform ~~e labor necessary' for the completion of /5/{/~<,C- % h'/"4/A~~mG"/.,;I" ~ 2Y'~ ~O - /" / 00 "" ",.. se> I I c:z;;~" 7 ~. /. ("'.n-Y> '-'"7 'i' ~/ - ~P,07~ = so / Ct6~ -#SfdV~c'/'" /<C.f. ?y"-'" M/.h' ~<V./ /~~e'-, All material IS guaranteed to be as specified. and the above work to be pertormed in accordance with the drawings and spec,'" calions submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ with payments to be made as lollows. Respectfully submitted Any alteration 'Jr devlallon from above specifications involving extra costs will be executed only upon wntten ord9r, and will become an elctra charge Ollel and above the estimate. All agreements contingent upon strikes, ac- cidents. Of delays beyond our control. Per Note - This proposal may be withdrawn by us if not accepted within_days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby as specified. Payments will be made as outlined above. Signature Date Signature a. -- NC 3818-50 MADE IN USA PROPOSAL CERTIFICATE OF SERVICE I, Thomas S, Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL Christopher E, Rice, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, Pennsylvania 17013 DATED: January 12,2005 ~..~ Thomas S, Beckley ,~-\ " c) -"'j r: ""' (') :"'\1 ) , , F .\FILESIDA T AFILEIGenerallCurrent\1 ] 631.3.respnm Created 1116/06 ZJ'IPM Revised 2/13/068SSAM Carl C, Risch, Esquire Attorney 1.D. No, 75901 Christopher E. Rice, Esquire Attorney I.D, No, 90916 MARTSON DEARDORFF WILLlAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J, STOUDT d/b/a STOUDT CONSTRUCTION, Claimant v, MECHANICS LlEN CLAIM MI.-J) : NO, 05-3179 CIVIL ACTION JAMES 1.. PROCTOR, JR., and MARlL YN C. PROCTOR, Owners TO: JAMES L. PROCTOR, JR., and MARILYN C. PROCTOR, Owners, and their counsel, BECKLEY & MADDEN YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. CLAIMANT'S RESPONSE TO NEW MATTER AND CLAIMANT'S NEW MATTER RESPONSE TO NEW MATTER 5. Claimant's Complaint is incorporated herein as if fully set forth below, 6, Denied, After reasonable investigation, Claimant is without infonnation sufficient to fonn a belief as to the truth of the avennent and the same is therefore denied. Strict proofis demanded at trial. 7, Denied, The document speaks for itself. 8, Denied, The document speaks for itself. 9, Denied, The document speaks for itself. 10, Denied. The document speaks for itself. 11. Denied. The document speaks for itself. 12. Denied, The document speaks for itself. 13, Denied, By way of furtherresponse, Claimant did not state that he would quitthe project. 14. Admitted in part and denied in part, It is admitted that certain payments were made by the Owners to Claimant. It is denied that all payments due have been paid by the Owners, including, but not limited to, the entire draw dated June 21, 2004, July 6, 2004, and September 16,2004, 15, Admitted in part and denied in part, It is admitted that Claimant eventuaIly stopped working at the Owner's residence and, therefore, did not complete the work; but it is denied that Claimant failed to complete a majority ofthe work. By way of further response, Claimant was told not to continue work by the Owners. 16, Denied, After reasonable investigation, Claimant is without infonnation sufficient to fonn a belief as to the truth of the avennent and the same is therefore denied, Strict proof is demanded at trial. 17(a-fff), Admitted in part and denied in party, It is admitted that some work was not finished on the residence, but it is denied that the work completed was improper and that the work not completed was the fault of Claimant. For any work that was allegedly not completed, Claimant states that he was unable to complete the work due to: (1) the Owners' request that Claimant discontinue the work; (2) the Owners' request that Claimant begin working on other projects before the current projects could be completed and/or (3) constant change orders made by the Owners, By way of further response: a-g. Claimant did begin to cut through the block in the kitchen, but was asked to stop by the Owners and, therefore, could not complete such work. Claimant did install the pantry door but was not contracted to instaIl the cabinetry at that point. Claimant partially installed the French door, but could not finish the work nor paint due to Owners' request that Claimant discontinue work, h-l. Claimant could not complete this work because he was asked to discontinue work by Owners. m. Denied, Claimant did properly install the siding. n. Admitted, Claimant did not install the soffit because he was told to discontinue all work . on the residence. 0, Denied, Claimant performed the services required of it in regard to the tree removal. p, Denied, Claimant painted the entire rook with a double coat. Claimant did not get to paint the trim board where the fascia goes on because he was told to discontinue work, q, Denied as stated, Claimant and Owners discussed the siding installation prior to it being installed, Originally, Owners requested that only one side of the house be replaced, Later, Owners requested that siding be installed on the entire house, In addition, Owners ran over one of the boxes of siding with a lawnmower. r. Denied, Claimant was unable to install new soffit because he was told to discontinue work. By way offurther response, after reasonable investigation, Claimant is without information sufficient to form a belief as to the truth of the averment and the same is therefore denied. s. Denied. The conduit was installed properly. t. Admitted. Gouges did exist in the driveway, however, the Owners were going to repave the driveway after the Claimant was finished with certain aspects of the job, u, Denied, The siding was properly installed, v, Admitted, Claimant did not install a fence around the driveway because the Owners decided to cancel the installation of the fence as previously requested, w, Admitted, Claimant did not install a telephone pole because the Owners decided to cancel the installation of the pole as previously requested, x. Admitted, Claimant did not install a fountain because the Owners decided to cancel the installation of the fountain as previously requested, y. Denied, The lights were properly installed, Owners ran over the lights in the snow causing the alleged damages, z, Admitted. Claimant did not place asphalt on the driveway because the Owners decided to cancel the asphalt due to a misunderstanding between the Owners. aa, Denied. Claimant did reseed the yard where needed, bb, Denied as stated, Claimant was not able to build the subfloor yet because the Owners told him to discontinue work, cc, Denied. Claimant did properly install the windows, dd, Denied, Claimant did install flooring, By way of further response, any incomplete work on the floors was a result of the Owners requesting that Claimant discontinue work. ee, Denied as stated, The Owners were given several bids to perform the work on the fireplace, but decided to cancel work on the fireplace, ff-ii, Denied as stated, The Claimant could not complete the work because the Owners demanded that Claimant discontinue work. jj, Denied as stated, The Claimant could not complete the work because the Owners demanded that Claimant discontinue work, The Owners were the ones that removed the toilet on their own causing any gap in its use, kk, Denied as stated, The Claimant could not complete the work because the Owners demanded that Claimant discontinue work. 11. Denied as stated, When the electric work started, the Owners were told by Claimant to upgrade service and provided bids to perform the upgrade, However, the Owners chose a cheaper contractor to perform the work and did not upgrade the service, In addition, the residence of the Owners had preexisting wires that were showing and were pointed out to the Owners, mm, Denied, Claimant did not remove the supporting beams or weight bearing walls, nn. Denied. Afterreasonable investigation, Claimant is without information sufficient to form a belief as to the truth of the averment and the same is therefore denied, Strict proof is demanded at trial. oo-ss. Denied as stated, Any work not completed was a result of the Owners demanding that Claimant stop all work on the residence, Any work performed was properly done, tt, Denied, Owners chose to set up weight sets during construction and were constantly moving things in the construction area. Claimant is not responsible for damages caused by the Owners. uu. Admitted in part and denied in part, It is admitted that a gap exists, It is denied that the gap would exist if Claimant was permitted to complete the work on the residence, Claimant was scheduled to place new tile at the transition area, vv, Denied, The window was properly installed, ww, Denied. Owners requested that the work not be done, xx, Denied as stated. Any work not completed was a result of the Owners demanding that Claimant stop all work on the residence. yy, Denied, Owners cancelled their request to paint the walls, zz-aaa, Denied as stated, Any work not completed was a result of the Owners demanding that Claimant stop all work on the residence, Any work performed was done properly, By way offurther response, Claimant did not paint that area, bbb-ccc, Denied as stated, Any work not completed was a result of the Owners demanding that Claimant stop all work on the residence, ddd, Denied. The drywall was properly installed, Any work not completed was a result of the Owners demanding that Claimant stop all work on the residence, eee, Denied, After reasonable investigation, Claimant is without information sufficient to form a belief as to the truth of the averment and the same is therefore denied, Strict proof is demanded at trial. fff. Denied as stated, The speaker wire was installed; however, the Owners did not like how it was installed, By way offurther response, the wire was properly installed, 18, Denied. Any work not completed was a result of the Owners demanding that Claimant stop all work on the residence, Any work performed was done properly. Claimant always cleaned up the property. Any garbage left was a result of Owners demanding that Claimant not return to the residence, The Owners still have possession and control over all materials that were left by the Claimant after being told not to return and Claimant has demanded that the materials be returned to Claimant. The Claimant did not take the speaker wire and wall plates. 19. Denied as stated, The Owners did provide access to their residence to the Claimant by giving Claimant a key so that Claimant could work on the residence, 20, Denied as stated, Claimant had access to the Owners residence when the Owners permitted them to work, 21. Denied. The Owners requested that work not be performed inside the residence when guests were there. By way offurther response, Claimant was unable to complete his work in a timely manner as Owners continued to request changes in the work to be performed, 22. Denied, The document speaks for itself. 23, Denied. Owners requested that Claimant discontinue working on the residence before Claimant could complete the work, All work completed was properly done or would have been properly done if Claimant was permitted to return to the residence, 24, Denied as a conclusion oflaw, 25, Denied. It is the Owners who have failed and refuse to honor the agreements with the Claimant. 26, Denied as stated, Claimant could not complete the work because the Owners requested that he discontinue all work at their residence, 27, Denied, After reasonable investigation, Claimant is without knowledge sufficient to form a belief as to the truth of the averment and the same is therefore denied, Strict proof is demanded attrial. 28, Denied as a conclusion ofIaw and under Pa.R.C,P. 1029( e). By way of further response, it is denied there was a breach and that the Owners suffered any damage, 29, Denied as a conclusion oflaw, 30, Denied as a conclusion of law. 31. Denied as a conclusion oflaw, By way of further response, Claimant is a competent contractor able to perform the renovations requested by the Owners, 32. Denied as a conclusion ofIaw. By way of further response, Claimant was competent to make the renovations as agreed upon between Claimant and Owners in a substantial workmanlike manner. 33, Denied, Claimant requested draws at the appropriate times in order to purchase materials, pay for the work performed, and pursuant to the contracts, 34. Denied as a conclusion oflaw, 35. Denied as a conclusion oflaw, 36, Denied as a conclusion of law, 37. Admitted, 38, Denied as a conclusion ofIaw, By way of furtherresponse, Claimant is able to perform the services requested by the Owners, 39, Denied as a conclusion oflaw, 40. Denied. Upon reasonable investigation, Claimant is without knowledge sufficient to form a belief as to the truth ofthe averment and the same is therefore denied, Strict proofis demanded at trial. 41. 42. the job, 43. Denied. Upon reasonable investigation, Claimant is without knowledge sufficient to form a belief as to the truth of the averment, including, but not limited to, the exact "statements" being referred to" and the same is therefore denied, Strict proof is demanded at trial. By way of further response, Claimant was often told to begin another job in the residence by the Owners, mainly Mrs. Proctor, before Claimant was able to complete the job he was currently working on, The constant change of work from one project to the next, among other things, affected when the draws were to be made, 44, Admitted in part and denied in part, It is admitted only that Claimant has not refunded money to the Owners and used the money as required under the contract, which includes the purchase of materials. The remainder of the averment is denied pursuant to Pa,R,C.P, I029(e). Byway offurther response, Claimant did address the request of the Owners. 45, Denied as a conclusion oflaw, By way offurtherresponse, it is denied that Claimant caused damage to the Owners, In fact, it is the Owners whom have caused damage to the Claimant. 46, Denied as a conclusion of law, Denied as a conclusion of law, Denied. Claimant requested draws when appropriate, Claimant did not threaten to quit 47 -48, Admitted in part and denied in part, It is admitted that an individual stole two blank checks from the Owners. It is denied the individual was an employee, The individual had worked for the Claimant as a subcontractor at some point. After the alleged theft, Claimant fired the subcontractor for his actions, However, it is denied that the subcontractor was working for Claimant at the time he stole the checks because the Owners, mainly Mrs, Proctor, had hired the subcontractor to perform work beyond the contracts with Claimant and after reasonable investigation, Claimant is without knowledge sufficient to form a belief as to the truth of this averment and of the remaining allegations within, including, but not limited to, the claim that cash was stolen, Strict proof is demanded at trial. By way offurther response, the Owners, mainly Mrs, Proctor, stated that she did not want to press charges against the subcontractor and had agreed to allow the subcontractor to perform additional services for them at the residences to pay for any money that he allegedly stole, This was all done without the involvement of the Claimant. 49, Denied as stated, By way of furtherresponse, it is believed that Owners and the individual worked out an agreement to pay back the money as stated by Mrs, Proctor. Mrs, Proctor specifically stated that since it was not Claimant's fault, Mrs. Proctor would speak with the subcontractor and resolve the matter. 50. Denied, After reasonable investigation, Claimant is without knowledge sufficient to form a belief as to the truth of the averment and the same is therefore denied and strict proofis demanded at trial, 51, Denied. Claimant did not repeatedly threatened to cease all work unless and until the Owners advanced more money to him, 52. Admitted in part and Denied in part, It is admitted that Claimant accepted certain payments from Owners and would not refund those payments, It is denied that he failed and refused to refund the money to the Owners for work he did not complete, Claimant is under no obligation to refund any monies provided to Claimant pursuant to a contract with the Owners. As of to day's date, it is Claimant that is owed money from the owners, 53, Denied. Claimant was told to discontinue work on the residence by the Owners and, therefore, was unable to complete the work, 54. Denied as a conclusion oflaw. 55. Denied as a conclusion of law, 56, Denied as a conclusion oflaw, By way of further response, the Owners demanded that the Claimant not return to their residence and did not provide Claimant with an opportunity to remove his equipment (as denied in Owners' paragraph 56 of their New Matter referring to certain materials outlined in the mechanic's lien and hereinafter, the "Claimant's Property") from the residence, Claimant has made repeated demands to the Owners for the equipment, but the Owners have refused to return the equipment. 57. Denied as a conclusion oflaw, WHEREFORE, Claimant files this claim for mechanics' lien in the amount of$18,838,58, with interest and costs as provided by law, and any other reliefthis court deems appropriate, and demands that the Owners' New Matter be dismissed with prejudice and, in the alternative to the mechanic's lien as it pertains to Claimant's Property, that the Owners be ordered to return Claimant's Property or award the value thereof to the Claimant. CLAIMANT'S NEW MATTER 58, Paragraphs 5-57 are incorporated herein by reference as iffully set forth below, 59, Should Claimant's Property not be considered part of the mechanic's lien claim, Claimant is still entitled to the return or value of Claimant's Property. 60, The Owners have possession of Claimant's Property, 61, After repeated demands by Claimant, the Owners refuse and have failed to return the Claimant's Property or provide access to remove it from the residence, 62, The Owners are liable to Claimant for conversion of Claimant's Property. 63, The Owners have been unjustly enriched through their retention of Claimant's Property, 64, Claimant has suffered damages in the value of Claimant's Property as set forth in more detail in the mechanic's lien, 65. Claimant is entitled to the return of Claimant's Property or the value thereof, WHEREFORE, Claimant files this claim for mechanics' lien in the amountof$l8,838.58, with interest and costs as provided by law, and any other relief this court deems appropriate, and demands that the Owners' New Matter be dismissed with prejudice and, in the alternative to the mechanic' s lien as it pertains to Claimant's Property, that the Owners be ordered to return Claimant's Property or award the value thereof to the Claimant. MARTSON DEARDORFF WILLIAMS & OTTO By CL~ > ;/C. Christopher E, Rice, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: February 13,2006 Attorneys for Claimant VERIFICATION The foregoing Response to New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. 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 in make knowingly false averments, I may be subject to criminal penalties, ~~fi);)~ Ronald j, Stoudt JMOi/\ 900ZGOaH 13AI3:J3\- CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Response to New Matter and Claimant's New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Thomas S, Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P,O, Box 11998 Harrisburg, PA 17108-1998 MARTSON DEARDORFF WILLIAMS & OTTO By M 10 Ea High Street Carlisle, PA 17013 (717) 243-3341 Date: February 13,2006 (0 ..,-, c'"'\ - (..,) "":,' ~ -,:r,. " '2 -- , ""_ F:\FILES\DA T AFILElGeneral\CufTcntll 1631.3_pra . Created: 7f6/05 !0:13AM Revised: 819106 II:03AM Carl C. Risch, Esquire Attorney 1.0, No, 75901 Christopher E. Rice, Esquire Attorney 1.0, No, 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff RONALD J, STOUDT d/b/a STOUDT CONSTRUCTION, Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 05-3179 CIVIL ACTION JAMES 1.. PROCTOR, JR" and MARILYN C, PROCTOR, Owners : MECHANICS' LIEN CLAIM PRAECIPE To the Prothonotary: Please mark the mechanics lien in the above captioned matter satisfied and the action discontinued without prejudice, MARTS ON DEARDORFF WILLIAMS & OTTO B"-1~ s rL Christopher E, Rice, Esquire Attorney 1.0, No, 90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: August 9, 2006 t ..... CERTIFICATE OF SERVICE I, Mary M, Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Thomas S, Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P,O, Box 11998 Harrisburg, P A 17 II 08-1998 MARTS ON DEARDORFF WILLIAMS & OTTO BY~ 'fiG_; Mary . Price 10 E High Street Carlisle, PA 17013 (717) 243-3341 Date: August 9, 2006 .- , -. g .-! ~ ~ .. -o~ ..,.. ~' ~ ~ mf\' ~ ~\ ~\ z::r (;'> fAe I , ~ <::> ~;c ..s;> 0. f'" ~~ '<: " "'" - '""t> ~Q, -:s. ~ ~ y.~ (,,:) Bf<\ , ~ "" ~ .' ~ ~ ~ a ..<., ()'\ "" ~ ..I:. -t ~ ~ I \