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Home My WebLink About02-1581MICHAEL A. CUMMINGS t/d/b/a CUMMINGS PAINTING 703 Allegheny Street Dauphin, PA 17018, Claimant/Plaintiff VS. CLAYPOOL CUSTOM HOMES, INC. 15 Maybelle Court Mechanicsburg, PA 17055, Owner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. MECHANIC'S LIEN CLAIM AND IN THE ALTERNATIVE MECHANIC'S LIEN CLAIM (BY SUBCONTRACTOR} (49 P.S. 1503} AND NOW comes the Claimant, Michael A. Cummings t/d/b/a Cummings Painting, by and through their attorneys, Beinhaur & Curcillo, by Joseph A. Curcillo, lII, Esq., and hereby files this Mechanic's Lien Claim and in the Alternative Mechanic's Lien Claim (By Subcontractor) (49 P.S. 1503) against a house located at 1825 Red Spruce Lane, Mechanicsburg, Pennsylvania 17055, said house being also known as parcel number 10-14-0842-172, and being owned by Claypool Custom Homes, Inc. ( a copy of the deed is attached hereto and is incorporated herein by reference as Exhibit "A" as if set forth in its entirety), and in support thereof and avers as follows: 1. The name of the claimant is Michael A. Cummings t/d/b/a Cummings Painting of 703 Allegheny Street, Dauphin, Pennsylvania 17018. (Hereinafter referred to as "Cummings" or "Claimant"). 2. The owner of the property subject to the lien is Claypool Custom Homes, Inc of 15 Maybelle Court, Mechanicsburg, PA 17055. (Hereinafter referred to as "Claypool" or "Owner") 3. The claimant contracted with Claypool Custom Homes, Inc. as the owner of said property and in the alternative as the general contractor through Kathy Claypool. 4. The labor aAnd materials were provided and furnished pursuant to an agreement entered into with the owner and contractor on or about August of 2000 where in the claimant agreed to furnish certain materials, an itemized statement of which is set forth above. -~ 5. The claim for which Cummings files this said lien is for the sum of Four Thousand and Fifty two dollars ($4,452.00) together with that lawful imem from November 21, 2000, remaining due to Cummings for labor and materials. 6. Said labor and materials include the painting of said house as is more specifically set forth in the itemized statements set forth in Exhibit "B", furnished and supplied by Cummings for, in, and about the erection and construction of said building. 7. The nature and kind of materials furnished were paint and related materials. 8. The amount set forth above is still due and changeable against the prbp~rty. The claimant has no note or other collateral security for this claim. 9. The materials and labor were furnished by claimant on or about September 2000 and the last date services were provided by claimant or were requested by owner/contractor was November 21, 2000. 10. The claim specifically does not include the five percent (5%) retainage that was agreed to be held until completion of touch-up. This amount is not being claimed as the contract has not been completed since touch-up has never been requested nor has it been provided. This amount held by owner/contractor is Five Hundred Twenty Five Dollars ($525.00). 11. The claimant gave the owner written formal notice of his intention to file this claim by certified mail, Return Receipt requested on or about February 21, 2002. A copy of said notice is attached hereto as Exhibit "C"; The Domestic Return Receipt, PS Form 3811 is attached hereto as Exhibit "D". Both Exhibits C and D are incorporated herein by reference. - ...... 12. The claim specifically does not include the five percent (5%) retainage that was agreed to be held until completion of touch-up. This amount is not being claimed as the contract has not been completed since touch-up has never been requested nor has it been provided. This amount held by owner/contractor is Five Hundred Twenty Five Dollars ($525.00). 13. The claim herein is not made for alterations and repairs. The work described above is for erection and construction of a new residential dwelling. 14. The work for which the claim is made is complete, but the project as a whole is not complete. Work was suspended and has not as of this claim been completed. Work was ceased with the intention of resuming performance at a later date at the owner's request. 15. The lien is claimed against the fee simple interest of the owner of said property fi-om the date first visible work commenced, said date being September 2000. - 16. The brief description of the property claimed to be subject to the lien is that property located at 1825 Red Spruce Lane, Mechanicsburg, Pennsylvania as further described above. WHEREFORE, a lien is being claimed against 15 Maybelle Court, Mechanicsburg, Pennsylvania as follows: First, a Mechanics Lien pursuant to the Mechanic's Lien Law of 1963 as a contractor since the owner of the property, Claypool Custom Homes, Inc., directly contracted with Michael A. Cummings t/d/b/a Cummings Painting; Second, and in the alternative, a Mechanic's Lien pursuant to 49 P.S. {}1503. ~Joseph A. C~cillo, IIL Esquire Supreme~Court No. 44060 J - 4650 Fritchey Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Michael. Cummings t/d/b/a Cummings P~ VERIFICATION I, .~/~J~/-~./~/P~/~,~ ,verify that the statements made in the foregoing Document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Exhibit "A" Deed MADE lbo ~ Hondred Ninety-Nine THIS DEED .......... .P,r. CO 3:~!'. :,' -. ,,:,r.m 1,':" BETWEEN PAMAY DEVELOPMENT CO. INC., a Pennsylvania Cmporation with ils principal office in Hampden Township, Cumberland Count)', Commonwealth of Pennsylvania, GRAiVFOR. CLAYPOOL CUSTOM HOMES, INC., a Pennsylvania corporation. WiTI~.SSETH, that in consideration of ONE HUNDRED FIFrf THOUSAND AND NO/108 ($150i000.00) DOLLARS,in hand paid, the m:eipt whereof is hereby aclmowledged; the said Grantor ~ hereby grant and convey to the said Grantee, i~s Successors and Assigns, the folinwing descn'hed property to= AI.L THAT CERTAIN tract of land sit~ate in Hampden Township. Cumberland County, Pennsylvania, being Lot No. 18. as shown on tit= Plan entitled Pinehutst Final Subdivision Plan Phase V, dated January 19, 1998, and reccxded in ~ County Plan Book 76, Page 112, rno~ particularly bounded and ~bed as follows: BEGINNING at an iron pin, being a southerly corner of Lot No. 19 and lying in a northerly right-of-way line of Red Spruce Lane (50-foot right-of-way); thence along said right-of-way line, along a curve to the right, having a chord bearing of South 78 degrees 49 minutes 07 seconds West, a chord distance of 149.12 feet. a radius of 175.00 feet, and an are length of 154.04 feet to an iron pin; theme continuing along said right-of-way line, No~h 75 degrees :57 minutes 51 seconds West, 83.77 feet to an iron pin lying in said right-of-way line and being a southerly corner of Lot No. 17; thence along Lot No. 17, North 14 degrees 02 minutes 09 seconds East, 199.32 feet to an iron pin, being an eas~eriy corner of said lot and being a westerly corner of lands now or formerly of Jon M. and Nancy J. Oison; thence along said lands, South 84 degrees 51 minutes 00 seconds East, 56.23 feet to an iron pin, being a southerly corner of said lands and being a westerly comer of Lot No. 19; thevce along Lot No. 19, South 34 degrees 26 minutes 03 seconds East, 217.90 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.708 acre. BEING pan of tbo sam~ pwmises which Pamay Development Co., Inc., by Corrective ~ dated and recorded February 8, 1989, in the OIT~e of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in ~ Book U-33. Page 544. granted and conveyed unto Pamay Develolnneot Co.. Inc., Mortgagor herein. UNDER AND SU1MECT, NI~/ERTHELESS. to Declaration of Pineharst. Phase V. a Planned Community. dated April 29. 1998. and recorded May I. 1998. in Cumberland County Miseelhmcous Book 575. Page 376. UNDER AND SU1MECT, N~/~RTI-~I-n'-~ to Deciamlion of Pinehur~ Phase V, n Planned Conmmnity, dated Apdl 29, 1998, and reeo~M___ May I, 1998. in Cumberland County Miscellaneous Book $7~Page 376. AND The said Grantor Will Specially WARRANT AND FOREVER DEFEND the prope~y here'oy conveyed. IN WITNES'S WHEREOF, the Grantor has caused this Deed to be signed by its President, and also attested to by its Secretary, and its Corporate Seal to be hereunto affixed, the day and year first above written. SIGNED~ SEALED AND DELIVERED IN THE PRESENCE OF A .~.. ST: PAMAY DEVELOPMENT CO., INC. Harry,. Claypo&. Sr. President COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) On this, the ~ day of'~/,',~i~'~ A.D. 19 ~q , before me, a Notary Public,, tim undersigned officer, personally appeared Harry S. Claypool, Sr., who anknowledged himself to bo the President of Pamay D~,elopment Co., Inc., the foregoing corporation, and that he as such President, boinR authorized to do so, executed the foregoing deed for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ! ll~REBY CERTll~', Ihnt the precise residence ol'lhe Grantee is: ' COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAI~ ) ofthe said Count~ in Deed Bool~ ~ ~, Pnge/',j-'k~. Given undo' my hand and the seal of the said Office, the ~!e above wrilten. ~oo~ ,~13 e~c~ 7a'7 EXHIBIT "B" INVOICE dated May 19, 2001 INVOICE dated November 21, 2000 INVOICE dated October 27, 2000 CLut~.i _rigs_ Painting 7os Al gheny St. Dauphin, PA 17018 Phone (717) 921-2703 Pager (7'17) 886-6521 Date: 5/19/01. INVOICE Bill To: Claypool Builders .Tab Name & Loc~tion: Claypool 4 - Pinehurst Tr, IBalance Due Upon Receipt; 5% ~,rvice Charge Per Month on Past Due Accounts Description C~ty Unit Pr Total All walls and ceilings - 2 COatS Sherwin Williams Antique White latex flat finish. Ali trim - 2 coats latex primer. '~"~ Floor - Bedrooms & Bathrooms - All trim finish , with 1 coat of Sherwin Williams double formula Shel) White semi-gloss oil-based finish. Master Bedroom & Bath - All trim finish with I coat of Sher~in Williams double formula Shell White semi-gloss oil-based finish. $I:0,§00.00 Extr~ trim m/dad ,o HJtars 12: $100.00 Willow emits - t co~t of oil prime~: I coat of oil45 Small $5.00 1 $225.00 finish 13 Medium $10.00 $130.00 4 $1s. oo $6o. oo 25% of Oriqinal Balance Due Subtetd $4 °240.00 Remaining 5% ($525) due upon completion of Misc. 5% S.C. :~212.00 touch-up. BeL Due $4,4§2.00 Cummings Painting 703 Allegheny St. Dauphin. PA 17018 Phone (717) 921-2703 Pager (717) 886-6521 Date: !1/21/00 INVOICE Bill To'.' ¢laypool Builders 3ob'Ndme & Location: Claypool:4 - Pinehurst T~,rm~ IBalance Due Upon Receipt; 5% Service Charge Per Month on Past Due Accounts Description Qty Unit Pr Total All wa~ls and ceilings - 2 co.ts Sherwin Willi=s Antique White I~tex flat finish. All trim - 2 coats latex primer. 2~d Floor - Bedrooms & Bathrooms - All trim finish with 1 coat of Sherwin Williams double formula Shel! White semi-cjloss oiPbase~ finish. Master Bedroom & Bath - All trim flash with ! coat of Sherwin Williams double formula Shell White semi-gloss oil-based finish. Extra trim added to Pillars 12 $100.00 $1200.00 Window &rills - I co~t of oil prime~-: 1 coat of oil 45 Se~ll $5.00 finish 13 Medium $10.00 $130.00 4 Large $15.00 $60.00 SubtotGI $4,240.00 l~amain/ng ~% ($~Z§) due upon COml~tion of Misc. touch-up. Bal. Due $4,240.00 Cummings Painting 703 Allegheny St. Dauphin, PA 17018 Phorm (717) 921-2703 Pager (717) 886-6521 bate: 10/~7/00 INVOICE Bill To: ¢laypool Builders ,Tob Name & Location: Claypool 4 - Pinehurst Igalance Due Upon ReceJpt: 5% Service Charge Per Month on Past Due Accounts Description Qty Unit Pr Total All wells and ceilings - 2 coats Sherwin Williams Antique White latex flat finish. All trim - 2 coats latex primer. 2~ Floor - Bedrooms & Bathrooms - All trim finish [with 1 coat of Sherwin Williams double formula Shell White semi-gloss oil-based finish. Master Bedroom & Bath - All t~im finish with 1 coat of Sherwin Williams double formula Shell White semi-gloss oil-based finish. $10,~X).00 70% of Balance Due Subtotal $7,3~).00 .~ Misc. EXHIBIT '~C" Formal Notice of Intention to File Sent via Certified Mail MICHAEL A. CUMMINGS t/d/b/a CUMMINGS PAINTING 703 Allegheny Street Dauphin, PA 17018 VJ ' CLAYPOOL CUSTOM HOMES, INC 15 Maybelle Court Mechanicsburg, PA 17055 :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. FORMAL NOTICE BY SUB-CONTRACTOR OF INTENTION TO FILE MECHANICS LIEN CLAIM This is to notify and warn you that Michael A. Cummings t/d/b/a Cummings Painting (Hereinafter referred to as Cummings) intends to file a lien against the following described property. This lien will be filed as a Mechanics Lieu Claim and in the Alternative as a Mechanics Lien Claim pursuant to 4905 §1503 (as a Subcontractor): A house located at 1825 Red Spruce Lane, Mechanicsburg, Pennsylvania 17055, said house being also known as parcel number 10-14-0842-172, and being owned by Claypool Custom Homes, Inc. ( a copy of the deed is attached hereto and is incorporated herein by reference as Exhibit "A" as if set forth in its entirety). 1. The claim for which Cummings intends to file this said lien is for the sum of Four Thousand and Fifty two dollars ($4,452.00) together with that lawful intent fi:om November 21, 2000, remaining due to Cummings for labor and materials. 2. Said labor and materials include the painting of said house as is more specifically set forth in the itemized statements set forth as Exhibit "B", furnished and supplied by Cummings for, in, and about the erection and construction of said bUilding. 3. The claimant contracted with Claypool Custom Homes, Inc. as the owner of sa~- property and in the altemative as the general contractor through Kathy Claypool. /~Q~ ~/'~ ~ 4. The labor and materials were provided and furnished Pursuant to~a~ent entered into with the owner and contractor on or about August of 2000 where in the claimant agreed to furnish certain materials, an itemized statement of which is set forth above. 5. The nature and kind of materials furnished were paint and related materials. 6. The amount set forth above is still due and changeable against the property. The claimant has no note or other collateral security for this claim. 7. The materials and labor were famished by claimant on or about September 2000 and the last date services were provided by claimant or were requested by owner/contractor was November 21, 2000. 8. The claim specifically does not include the five percent (5%) retainage that was agreed to be held until completion of touch-up. This amount is not being claimed as the contract has not been completed since touch-up has never been requested nor has it been provided. This amount held by owner/contractor is Five Hundred Twenty Five Dollars ($525.00). 9. It is the intentions of Cummings, unless the amount due is paid within one month (30 days) from the date of service of this notice upon you, to file a lien against the above mentioned premises for the sum of $4452.00, with interest as stated above. 10. The lien is claimed against the fee simple interest of the owner of said property from the date first visible work commenced, said date being September 2000. 11. The brief description of the property claimed to be subject to the lien is that property located at 1825 Red Spruce Lane, Mechanicsburg, Pennsylvania as further described (~ Date: By: Attorney for Michael A. Cummings t/d/b/a Cummings Painting Exhibit "A" Deed Hundmt Ninety-Nin~ (1~)) THIS DEED ....- P~.-CO '):-!'. ':;' · . ,,,,r:.,, ° ':" BETWEEN PA,MAY DEVELOPMENT CO, INC., a Pennsylvania Coq2oration xvith iu principal office in Hampden Township, Cumberland County. Commonwealth of Pennsylvania, GRANTOR. CLAYPOOL CUSTOM HOMES, INC., a Pennsylvania corporation, GRANT~& ,aLl. THAT CLKTAIN Iract of land s~tuate in Hampden Township, Cumberland County, Penmylvanin, being Lot No. 18, as slmwn on the Plan entitled Pinehurst Final Subdivision Plan Phase V, dated Janumy 19, 1998, and recorded in C-Nnnbedmd County Plan Book 76, Page 112, nmre bounded and _,4,,~_'~,M_ as follow~: BEGINNING at an iron pin, being a southerly corner of lot No. 19 and lying in a northerly right-of-way lin~ of Red Spruc~ Lane (~0-fax right-of-way); thenc~ along said right-of-way line, along a curve to the right, having a ~ bearing of South 78 degrees 49 minutes 07 seconds West, · clmai distance of 149.12 feet, · radius of 175.00 feet, and an arc length of 154.04 feet to an t~% pin; ~.nce continuin~ along said right-of-way lion, N~rth 75 d~gr~es ~/minut~ 51 sec_,~fle West, 83.77 f~ to an iron pin iyin8 in said fight*of-way line and being a southerly comer of Lot No. 17; thence alonS tot No. 17, North ~4 desrees 02 miantas 09 secnnfle ~n,% 199.32 feet to an iron pin, being an easterly corner of said lot and being a westerly corner of lands now or formerly of Jon M. and Nancy J. Obou; thence along said lands, South 84 degrees 51 miantes 00 seconds East, 56.23 feet to an iron pin, bein[ a southerly corner of said lands and beb~ a weneriy corner of lot No. 19; tben~ along lot No. 19, South 24 degrees 26 mimaes 03 seconds East, 217.90 feet to an iron pin, being th~ pinc~ of BEGINNING. CONTAINING 0.708 acr~. AND The said Grantor Will Specially WARRANT AND FOREVER DEFEND the property hore'oy conveyed. IN WITNF~S WHERKOF, the Grantor has caused this Deed to be signed by its President, and also attested to by its Secretary, and its Corporate Seal to be hereunto affixed, the day and year first above written. SIGNED, SF..ALED AND DELIVERED IN TI~ PRESENCE OF PAMAY DEVELOPMENT CO., INC. A~ST: · ': · ' '~ . BY:~ an Harry,. Clayp~l, Sr. President COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OP' DAUPmN ) On this, the ~t~ day o{'~)~/'~ KD. 19~ , before me, a Notary Publio, tl~ ~mderaigned officer, porsonally appeared Harry S. Cla3qmcol, Sr., who ~wled~M hi{If ~ be the President of Panmy D~-~'~iopment Co., Inc., 11~ foregoing corporation, and that ho as such President, being authorized to do so, executed tl~ fo~-gning deed for the pm3~oses therein contained by signing the name of the corporation by himself as President. IN WITNESS WI-~I~OF, I hereunto set my hand and official seal. I HEREBY CERTIFY. that the precise residence ol'thc Grantee is: ' COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) ofth~ mid Coun~ in ~ Boole! 7.., Pa~e ]~-~. Given under my hand mi th~ se~! ortho ~id Offs., EX/~IT "B" INVOICE dated May 19, 2001 INVOICE dated November 21, 2000 INVOICE dated October 27, 2000 Cmt~m. ing~ Painting 703 Allegheny St. Dauphin, PA ZTOZ8 Phone (717) 921-2703 Pager (7~7) 886-652! Dat~: §/19/01 ]:NVO:ECE Bill To: ¢l~ypool Builders ffob N~',e & Loc~tion: Cl~ypool 4 - Pinehurst T~rm~ [~lance Due Upon Receipt: 5% Service Cha~e Per Month on Past Due Accounts Description C~ty Unit Pr Total All ~lls a~ ceilings - 2 co,ts Sherwin Willims Antique White latex flat finish. All trim - 2 coats lat~ primer. ~ Flor - ~~ 6 ~th~ - All thru finish ~i~ 1 c~t of ~in Wii~ ~ f~ Shell ~ite mi~lo~ oil-~ finiS. ~r ~om & ~th - Ail ~im finish wi~ I ~ite ~i~lo~ oit-b~ finiS. $10,~.~ fini~ ~3 M~ium $~0.~ R~ini~ 5% (~52~) d~ u~n ~mpletion of ~isc. 5% S.C. ' ' " ~212.~ er~ Cummings Painting -.., 703 Allegheny St. Dauphin, PA Z7'018 Phone (717) 921-2703 Pager (717) 886-6521 bate: !1/21/00 INVOICE Bill To:' Clm/pool Builders ,Tob Nc/me &' LoCation: Claypool:4 - Pinehurst IBalance Due Upon Receipt: 5% Service Charge Per Month on Past Due Accounts Description Unit Pr Total All w~lls ~nd ceili~js - 2 coats Sher~in Wil|ims Antique White latex flat finish. All trim - 2 coats latex primer. 2~a Floor - Bedrooms & Bathrooms - All trim finish with ! coat of Sherwin Williams double formula Shell White semi-gloss oil-based finish. Abater Bedroom & Bath - All trim finish with 1 coat of Sherwin Willimns double formula Shell White semi-gl_~_~_~ oil-bo, sed finish. $1.0,500.00 Extra trim added to Pil/a~s Window 6rills - t co~t of oil primer: t coat of oil 45 Sm~ll $5.00 $22§.00 2§% of c i;in l Ba nce ($2,625) ' ~emaining 5% ($525) due ~ comptetien of Misc. touch-up. Bal. Due ~4,240.00 Cummings Painting 703 Allegheny St. Dauphin, PA 17018 Phone (717) 921-2703 Pager (717) 886-6521 Date: 10/Z7/00 INVOICE Bill To: Claypool Builders ,Tob Name & Location: Claypool 4 - Pinehurst Igalance Due Upon Receipt: 5% Service Charge Per Month on Past Due Accounts Description (~ty Unit Pr Total · '""~.! ~.~,~i · I lUll.il All walls and ceilings - 2 coats Sherwin Williams Antique White latex flat finish. All trim - 2 coats latex prime~. 2~ Floor - Bedrooms & Bathrooms - All trim finish i with I coat of Sherwin Williams double formula Shell White semi-gloss ail-based finish. A4aster Badraom & Bath - All him finish with ! coat of Sherwin Williams double formula Shell White semi-cjIoss oil-based finish. $10,500.00 70% of Balance Due .- Misc. EXHIBIT "D" Domestic Return Receipt PS Form 3811 · Sender: Please pd~..~....~ ddress,,-a..nd-~~ BEINHAUR & CURCILLO 4650 FRITCHEY STFIEE'I- HARRISSURG, PA 17109-2813 717-651-9100 h.ilh-h-IIIh.hh.,hll,,h.,Ih,ll,J,hlh,,,,Ihl · Complete items 1.2, and 3. Also complete I ~ item 4 if Restricted Delivery is desired. I · Print your name and address on the reverse so that we can return the card to you. ~~~ ~ ~ntr~ee · Attach this card to the back of the mailpiece, or on the front if space permits. D. IsdelivT~/addresediff~ntftomiternl? [] Ye~ If YES, enter delivery address below: [] 1., Article Addressed to: ~c~,~poo~ ~os~ ~r~,-~c. 3.,~rvic, Type L~ertifled Mail [] Express Mail 'El Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4, Restricted Delivery? (Extra Fee) [] Yes Article Number : .~-~ (Transfer from service label) PS Form 3811, March 2001 7OD1 0:~'60 0062'--7924 2757 Domestic Return Receipt 102595-01 -M-1424 m MICHAEL A. CUMMINGS t/d/b/a CUMMINGS PAINTING 703 Allegheny Street Dauphin, PA 17018 CLAYPOOL CUSTOM HOMES, INC 15 Maybelle Court Mechanicsburg, PA 17055 :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 02-1581 Civil Term CERTIFICATE OF SERVICE I, Joseph A. Curcillo, Ill, Esq., hereby certify that I have served a certified copy of the Mechanic's Lien Claim filed at the above term and number upon the following person(s) by Certified Mail; postage prepaid this 10th day of April, 2002, at the following address(es). Said service is further evidenced by United States Post Office facsimile received by counsel on May 13, 2002. (Said document attached hereto as Exhibit A.) CLAYPOOL CUSTOM HOMES, INC 15 Maybelle Court Mechanicsburg, PA 17055 ~eeAx~Co uU[.. i!;e4et4,0E6 ;q.~t UNI TED ST/J TES /JL SERVICE. Date: 05/13/2002 Fax Transmission To: COURTNEY WALTZ Fax Number: 717-651-9200 Dear COURTNEY WALTZ: The following is in response to your 05/13/2002 request for delivery information on your Certified item number 70010360000279242801. The delivery record shows that this item was delivered on 04/10/2002 at 11:13 AM in MECHANICSBURG, PA 17050. The scanned image of the recipient information is provided below. Signature of Recipient:. Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service EXHIBIT "A" MICHAEL A. CUMMINGS t/d/b/a CUMMINGS PAINTING 703 Allegheny Street Dauphin, PA 17018, Claimant/Plaintiff Vo CLAYPOOL CUSTOM HOMES, INC. : 15 Maybelle Court : Mechanicsburg, PA 17055, : Owner/Defendant : IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 02-1581 CFr'IL TERM CIVIL ACTION .- LAW PRAECIPE. TO THE PROTHONOTARY: Please mark the above captioned Mechanic's Liem satisfied. Respectfully submitted, By: /"~'~-- -~'~nreillo 111_ Esauire .~Jo~A~.,C_urcillo, llI, Esqu' /,~me !.~ourt I.D. #55060 ~/3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100