Mechanics Lien

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i-F Recording r€questd by Courtney Ray & Melody Ann Gillespie And when rrcorded mail this documenl lo: Courl**q Glll,egW- P.O. Bor &i23 Porterville, CA 93258 For recorder's use NOTICE OF MECHAMC'S LIEN (Califoruia Civil Code $8416) The Undersigrred, Melody Ann and Courtney Ray Gillespie, referrcd to in this Claim of Lien as the Claimants, claims a mechanic's lien for the labor, serviceq equipmenl and/or materials and described below, furnished for a work of improvement upon that certain real property loeated in The County of Tutare, The State of Califomia, and described as follows: a ten acre plot of land whose Primary original entanc€ is known as or commonly identified as l83l North Lime Streeg Porterville, CA 9325E, but the legal desciption of this property is: LOT l0 of Hermosa Orange Colony, County of Tulare, State of California, according to the Map thercof in Book 2,Page 13 | of Maps, Tulare County Records. A.P.N.255-230-004, mone commonly known as l83l Nonh Lime Sbeet, Porteruille California. Claimans: Courtney Rsy & Melody Ann Gillespie l83l North Lime Strcet Porterville, CA 9325E hereby claim a mechanic's lien rs follows: l. Claimants' demand, after deducting alljust credits and offsets, is $724,002.00, plus interest at the rate of l07o p€r annum Date of Nicklas Hoffrnan's Notice of Breacb: August 4r20A9 (fr,om which date interest on the total of all claims accruing between June l, 2004, August 4,2009 should be calculated) and October ll,20ll (from which dste intercst on all claims accruingsince August 4,2009, and the date of liling should be calculated). 2. The name of the record title owners, reputed ownetsr and/or legal tntstees are: Nickol D. Gerrigma and Nicklas Arthur Hoffrnan, Trustees forthe H.M. Wysocki Trust, Sean Ray Enterprises, and Ann Minter 3. Claimants Courtney Ray and Melody Ann Gillespie fumished the following kinds of labor, services, equipment or materials, all of which Nicklas Hoffinan claims as "improvements to the property": illilililtf lf I l f il ilil f l||lil ill 2c', t -6$6559A Recorded 0fficial Records County of Tulare Htr.flO p. rfltr Clerl Recordar 03:&Ft lHht-l0lt REC FE SAEO qnfu$Et qPy t.g0 L[ Fagr I of 6 I - Notice of Mechanics Lien

description

This is a mechanic's lien on 1831 North Lime Street Porterville Calif, because of the unpaid work, and theft of property, as well as unpaid rent

Transcript of Mechanics Lien

  • i-F

    Recording rquestd byCourtney Ray & Melody Ann Gillespie

    And when rrcorded mail this documenllo:Courl**q Glll,egW-P.O. Bor &i23Porterville, CA 93258

    For recorder's use

    NOTICE OF MECHAMC'S LIEN(Califoruia Civil Code $8416)

    The Undersigrred, Melody Ann and Courtney Ray Gillespie, referrcd to in this Claim of Lien as theClaimants, claims a mechanic's lien for the labor, serviceq equipmenl and/or materials and describedbelow, furnished for a work of improvement upon that certain real property loeated in The County ofTutare, The State of Califomia, and described as follows: a ten acre plot of land whose Primary originalentanc is known as or commonly identified as l83l North Lime Streeg Porterville, CA 9325E, but thelegal desciption of this property is:

    LOT l0 of Hermosa Orange Colony, County of Tulare, State of California, according to the Map thercofin Book 2,Page 13 | of Maps, Tulare County Records.A.P.N.255-230-004, mone commonly known as l83l Nonh Lime Sbeet, Porteruille California.Claimans:

    Courtney Rsy & Melody Ann Gillespiel83l North Lime StrcetPorterville, CA 9325E

    hereby claim a mechanic's lien rs follows:

    l. Claimants' demand, after deducting alljust credits and offsets, is $724,002.00, plus interest at the rateof l07o pr annum

    Date of Nicklas Hoffrnan's Notice of Breacb:August 4r20A9 (fr,om which date interest on the total of all claims accruing between June l, 2004,August 4,2009 should be calculated) andOctober ll,20ll (from which dste intercst on all claims accruingsince August 4,2009, and the date ofliling should be calculated).

    2. The name of the record title owners, reputed ownetsr and/or legal tntstees are:

    Nickol D. Gerrigma and Nicklas Arthur Hoffrnan, Trustees forthe H.M. Wysocki Trust, Sean RayEnterprises, and Ann Minter

    3. Claimants Courtney Ray and Melody Ann Gillespie fumished the following kinds of labor, services,equipment or materials, all of which Nicklas Hoffinan claims as "improvements to the property":

    illilililtf lf I l f il ilil f l||lil ill2c', t

    -6$6559ARecorded

    0fficial RecordsCounty of

    TulareHtr.flO p. rfltrClerl Recordar

    03:&Ft lHht-l0lt

    REC FE SAEOqnfu$Et qPy t.g0

    L[Fagr I of 6

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    Notice of Mechanics Lien

  • Starting June l, 2004, and continuing for seven and a half years up through and including the presentmontlr of October 2011, ground leveling, foundation work, home construction and expaniion orinstallation of three prmanent and 9 prefabricated self+ontained buildings including two full-famityhomes, garage, fencing, gardening, plus wiring and piping and utility connection of home improvements,upg"ades, repairs, and replacement over of improvements on these I total structures. These strltctureinclude l2 spatialty distinct but functionally complementsry free-standing architectural units, including:

    (l) One permanent garage, a 1200 square feet for 3 cars with two extra trooms, which today is usedexclusively by Nicklas Arthur Hoffinan, for which Claimants conributed 50a/o of all labor and mareriatand construction equipment including l0W/o of the ground-leveling involving renching and msssiveearth-moving, foundation work, septic tank and part of the labor in erecting the superstucture and roof.This building is used by Nicklas Arthur Hoffinan, as his primary business, and source of income, which isan internet Radio & Television Station known as FirstAmendmentRndio.com aka far.com also akaLiberty Radio Live, opratd by Nicklas Arthur Hoffinan's solely owned. and operated Sean RayEnterprises, a business trusg which broadcasts internationally, advenising and selling goods. Claimantshave continually subsidized this broadcast since November l, 2004 by paying 100% of the electrical billon all ten acres, at a cost varying month-by-month from approximately $500 in the first month ofDecember 2004 to a minimum of $227.47 in April 2008 to a recent maximum of $1200.00/month.

    (2) One permanent surcture, a 1400 square foot two story house with 3 bedrooms and trvo baths,which today is also used exclusively by Nicklas Arthur Hoffinan as his residential home, for whichClaimants contributed 5fflo of all labor and material and construction equipment including 100% of theground-leveling involving trenching and massive earth-moving foundation work, septic tank and part ofthe labor in erecting the superstructure and roof.

    (3) One permanent strueture, circa 500 square feet utilized by Sean Ray Bonniewell, for whom SeanRay Enterprises was named, for the exclusive use of Sean Ray Bonniewell.

    (4) The largest prefabricated pinewood stilctur (aka *the Big Barn") which Melody Ann Gillespiepurchased from *Dqr Creek Barn" and installed at l83l Norttr Lime Street measures 30 x 12 feet, at atotal cost of approximately $15,000.00, including interest" for which payments were completed in April2010. This building is cumntly used for workshop & storage purposes.

    (5) The second largest prefabricated pinewood structure (aka "the Big Cottage") which Melody AnnGillespie purchased from'Dry Creek Barn" and installed at l83l North Lime Street measures 24 x 12feet at a total cost of approximately $9,000.00, including interest, for which payments were completed inOctober 201 l. This building is currently used as a TVllvloviefi/ideo area.(6) The tlrird largest prefabricated pinewood ("the Cabin") structure which Melody Ann Citlespiepurchased from "Dry Crtek Barn" and installcd at t83l North Lime Stneet measures l0 x 20 feet, at atotal cost of approximately $15,000.00, including interesg forwhich payments were completed in April2010. This building is used primarily as a library.

    (7\ The fourth, fifth, and sixth largest prefabricated pinewood structures (aka "the shed" = workshop,"the cottage" = garneroom, and 'the saloon' = the pantry (food storage) which Melody Ann Gillespiepurchased from "Dry Creek Barn" and installed at lt3l North Lime Sreet measures l0 x 12 feeg thefourth at a total cost of approximately $6,000.00, the fifth at I totsl eost of $ 10,000.00 including interes!for which payments were completed in April 2010.

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  • (8) The seventh prefabricated pinewood structure measurs l0 x l0 and is calted the "little bam'andis called "the tackroofi'n (= equestrian equipment).

    (9) The smallest building in the compound is a 6 x t structure which claimants built themselveswhich is ussd as a utility shed,

    (10) The twelfth and last construction in the compound is a roof and decking over and around thesmall trailer, a 1983 25 foot Hitchhiker by NU.l#A, which functions as the sec-ond prmanent familyhome on the premises listed above.

    These are the twelve buitdings which Claimants'built and maintained on ten acres, formerly (as of June l,200a) with bare land now with structurs refened tol83l North Lime Street in Porrerville, California,made to the subject property starting. List of cotnmon area items of repair, replace or installed are:Exterior New roof, front and back landscaping water and sprinkler system maintenance, and painting.

    Courtney Ray Gillespie earns $24lhour at his regular job as stationary engineer (ptumbing, electrical,carPenry) maintaining tle entire Sun Maid Raisins plant in Kingsburg, Califomig and is thus qualifiedand trained in precisely the kind of work professionally for which sewices are claimed here rrr guoilummeruit (average approximately 30 hours per week x 52 weeks x 5 years, June I,2004-June 1,20(D, =$1E7,200 labor plus average 15 houn per week x 122 weeks = $43,920 since June l, 2009) for s total of$231,120.00 claimed by Courhey Ray Gillespie accruing continually and without intemrption of anykind since June l, 20M, although Nicklas Arthur Hofhnan served Notice of Breach of Confact not laterthan August 4, 2009.

    Courtney Ray Gillespie inherited $25,000.00 upon fte sale of his parents' home on Sixth Street inHanford, Califomia in January of 2004. Melody Ann Gillespie had $20,000.00 in savingp as of April2004 which she intended to use for the purchase of a home on the west side of Porteryitle. Nicklas ArrhurHoffman approached the Claimants rcgarding a joint project to develop the property at l83l Nortfi LimeSt.

    Melody Ann Cillespie has invested a total of approximately $54,000.00 cash payment for purchase andimprovement prefabricated buildings installed on the property, plus approximately $30,000.00 forconstruction materials and heavy equipmen! improvements, plus approximately $?,000.00 in equipmentthat Nicklas Arthur Hoffinan removed and converted to his own used from the Claimantsi lockedproperties on April 24,2009.

    4. Said labor, services, equipment or marerials were performed on and furnished at:

    a ten acre plot of land whose primary original enrance is known as or conrmonly identified as I E3 I NorthLime sreet, Portervillg cA 93258, but the legaldescription of this property is:

    LOT I 0 of Hermosa Orange Colony, County of Tulare, State of California, aceording to the Map thereofin Book 2, Page l3l of Maps, Tularc County Records.A.P.N- 255-230-004, more commonly known as lE3l North Lime Street, Porterville CA

    5. The name of the persons by whom Claimants were employed and to whom the Claimant furnished thelabor, services, equipment or materials is:

    Nicole D. Genitsmq Nicklas Arthur Eofrman, Tnrstees for H.M. Wysocki Trus! and Sean RayEnterprises.

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    Notice of Mechanics Lien

  • By:

    Signed, Executed, and Filed by the Claimants on this date:

    Tuesday, October lE,20l I

    Courtney Ray Giltespie, husband of Melody Ann Gillespie

    And, Melody Ann Gillespie, wife of Courtney Ray Gillespie

    VERIFICATION

    I, the undersigned Courtney Ray Gillespie, say and declare under penalty of perjury that I am the

    SECIjRED PARTY CREDTTORof tlre claimant of the foregoing mechanic's lien; I have read and reviewed said claim of mechanic's lienand know lhe contents thereof; the same is true of my own knowledge. I hereby declare and veriff underpenalty of perjury that each element of the foregoing claim is true and conect.

    I l, (date. this document was signed), at Porterville, California

    VERIFICATION

    I, the undersigned Melody Ann Gillespie, say and declare under penalty of pedury that I am the

    SECTJRED PARTY CREDITORof the claimant of the foregoing mechaniCs lien; I have read and reviewed said claim of mechaniCs lienand know the contents thereof; the same is true of my own knowledge. I hereby declare and veriS underpenalty of perjury that each element of the foregoing claim is tnre and conect.

    Executed on Tuesday, October I l, 201l, (date this document was signed)at Porterville, Cal ifornia

    Ann GilBy: /Melody

    lEll Nofb Lime Street, Porterville, CA 93258

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    Notice of Mechanics Lien

  • NOTICE OF MECHANIC'S LIEN(California Civil Code $84fd)

    Attention!

    Upon the recording of the enclosed MECHANICS LIEN with the county recordey's oftice of the countywhere the propeny is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real proprty on which the lien has been recorded. That legal action mustbe filed with the court no later than 90 days after the date the mechanics lien is recorded.

    The pa$ identified in the enclosed mechanics lien may have provided labor or materials forimprovements to your property and may not have been paid for these items. You are receiving this noticebecause it is a required step in filing a mechanics lien foreclosure action against your property. Theforeclosurc action will seek a sale of your property in order to pay for unpaid labor, materials, orimprovements provided to your property. This may affect your ability to borrow againsq refinarce, or sstlthe property until the mechanics lien is released.

    BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK WITH YOURCONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR MOREINFORMATION ON MECHANICS LIENS GO TO THE CONTRACTORS' STATE LICENSEBOARD WEB SITE AT www.cslb.ca.gov."

    PROOF OF SERVICE ATTIDAVTT(California Civil code $3084 (nXO, (CXIXA)

    I, Counney Gillespie declare that I served a copy of the enclosed MECHANIC'S LIEN and NOTICE OFMECHANIC'S LIEN by Certified First Class Mail, evidenced by acertificate of mailing, postageprepaid, addressed to the following owner, or reputed ovr'ner of the property Nickol CenitsmaAilYSOCKITRUST at the following address: l614 Bradley Sftet, Visalia, California 932y2,on this date: October19, 201 l, Signed at Porterville Californiq Tulare county on this date, October 19, 201 l.

    ACKNOWLEDGEMENT BY NOTARY PI'BLIC

    The County of Tulare

    The State of Califomia

    On Oaober 19,201I beforr rne, ARY PUBLIC, personally appeare4 CourtreyRay Gillespic, who proved to me on the basis of evidence to be the person whose name is subscribed tothe within insfument and acknowledgcd to me that he execurd lhe same in his capaciry, and that by his signatureon the instrument the person, who acted,I certify under PENALTY OF PERruRV of The State of Califomia that the forcgoing paragraph istrue

    ))ss)

    ffiMy Commission Expiresotice of Mechanics Lien

  • TbcmyofTulare )Tlc sr're sgcatifomia ittonouobcrl9,20l|beforc'",_NoTARYPUBLIc,personal|yapPemd,Mc|odyAm Cstillo Gillespie, who proved to me on the basis of satisfactory evidence to be ih" p.t on whose na-e iss$scribd to the within instnrment and acknowledged to me thal heixecuted the same iri tris capacig and that byhb signarure on rhe instrurnent the psrssn, who actid, executed the instumenrI stiry under PENALTY oF PERruRY under the laws of The State of catifornia that the foregoing paragraph istrue and correct.WITNESS my hand and official seal

    9ignltureJseal)My Commission Expires

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