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A.M. No. P-11-2979 [formerly OCA IPI No. 10-3352-P], November 18, 2014 - ELLA M. BARTOLOME, Complainant, v. ROSALIE B. MARANAN, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 20, IMUS, CAVITE, Respondent.
ELLA M. BARTOLOME, Complainant, v. ROSALIE B. MARANAN, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 20, IMUS, CAVITE, Respondent.
This administrative matter started through the sworn affidavit-complaint1 in the vernacular, dated December 16, 2009, that Ella M. Bartolome (complainant) filed against Rosalie B. Maranan [respondent, Court Stenographer III, Regional Trial Court (RTC), Branch 20, Imus, Cavite], charging her with extortion, graft and corruption, gross misconduct and conduct unbecoming of a court employee.
The complainant alleged that the respondent asked money from her in the amount of P200,000.00, which was later reduced to P160,000.00, to facilitate the filing of her case for annulment of marriage. She further alleged that the respondent undertook to have the case decided in her favor without the need of court appearances during the proceedings of the case.
To put an end to the respondent’s extortion activities, the complainant decided to report the matter to the police authorities. During the entrapment operation conducted by police officers of Imus Police Station, the respondent was apprehended inside the premises of the RTC, Branch 20, Imus, Cavite, in the act of receiving the money from the complainant.
The Court, in a 1st Indorsement6 dated March 19, 2010, required the respondent to comment on the complaint against her.
In her Comment dated May 27, 2010,7 the respondent denied the accusations against her. She alleged her belief that Bartolome is a fictitious name as the affidavit-complaint does not indicate the complainant’s exact address. She asserted that her detention at Imus Police Station does not prove her culpability since no actual criminal charges were filed against her. She claimed that the lapse of six (6) months from the time of the alleged incident indicates that the complaint is pure and simple harassment orchestrated by a lawyer or litigant who has a grudge against her and who wants to publicly besmirch her reputation. In support of her defense, the respondent mentioned that even Judge Fernando L. Felicen (Judge Felicen), Presiding Judge of RTC, Branch 20, Imus, Cavite interceded for her release from detention.
On July 29, 2010, the complainant sent a letter to the Office of the Court Administrator (OCA),8 without indicating her address, alleging that she has to constantly change residence because unidentified persons had been seen in their neighborhood asking questions about her. She has also been receiving text messages from the respondent telling her that her complaint would only be dismissed because she knows people in the Supreme Court. The respondent also threatened retaliation against her after the case is terminated. The complainant further claimed that the pieces of evidence she submitted are sufficient to prove the respondent’s anomalous activities, and prayed for the immediate resolution of her complaint.
respondent Maranan be immediately DISMISSED from the service with forfeiture of retirement benefits except her accrued leave credits, and with perpetual disqualification from employment in any government agencies or instrumentalities, including government owned and controlled corporations.
In a Resolution dated September 5, 2011,10 the Court required the parties to manifest whether they were willing to submit their case for resolution on the basis of the pleadings filed. The respondent filed her Manifestation dated November 17, 201111 submitting the case for resolution by the Court. She reiterated her complete innocence and “vigorous” and “vehement” denial of the allegations against her. She insisted that the present complaint against her is plain and simple harassment and a vexatious suit by the complainant who either has a grudge against her or must have been used by another person with a grudge against her. All she did was to secure the services of a lawyer at the complainant’s request; this act, she claimed, does not constitute graft and corruption, gross misconduct, conduct unbecoming of a court employee and extortion.
The complainant did not respond to our September 5, 2011 Resolution as it was returned unserved on her. We nevertheless considered the case submitted for resolution considering her letter of July 16, 2010 praying for the immediate resolution of her complaint.
In our Internal Resolution dated December 7, 2011,12 we resolved to refer the complaint to the OCA for evaluation, report and recommendation.
The OCA responded through its Memorandum of July 16, 2012,13 finding that the pieces of evidence on record establish the guilt of the respondent on the charges of Gross Misconduct and Conduct Prejudicial to the Best Interest of the Service filed against her. It recommended that the respondent be found guilty of the offenses charged and be dismissed from the service, with forfeiture of retirement benefits except her accrued leave credits and with perpetual disqualification from employment in any government agency.
The Court fully agrees with the OCA’s recommendation.
Sino nagrefer sayo sakin ano pangalan?
Natitiwala ako sayo ha dahil hindi lahat pinagbibigyan namin. Sally n lang tawag mo sakin nagtataka lng kc ako kanina kc buong buong buo yung txt ng name ko e.
The complainant described the respondent as an influence peddler in the courts of Imus, Cavite who acts as a conduit to judges, prosecutors and private law practitioners.
Oo, ang number ko ay 09175775982, ok thank you.
Under Section 1, Rule 11 of A.M. No. 01-7-01-SC, audio, photographic and video evidence of events, acts or transactions shall be admissible provided it shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof.
We viewed the VCD and the video showed the actual entrapment operation. The complainant herself certified that the video and text messages are evidence of her complaint against the respondent, “Sapat at malinaw ang lahat ng ebidensya na kasama ng aking reklamo na nagpapatunay na totoo lahat ang nakasaad sa aking reklamo. Kitang kita sa video at sa mga text messages niya ang kanyang modus operandi at paggamit niya ng pwesto sa gobyerno upang makapanghingi ng malaking pera sa mga inosenteng tao.” It is also well to remember that in administrative cases, technical rules of procedure and evidence are not strictly applied.25 A.M. No. 01-7-01-SC specifically provides that these rules shall be liberally construed to assist the parties in obtaining a just, expeditious and inexpensive determination of cases.
The Court totally agrees with the OCA’s finding that the respondent is guilty of grave misconduct and conduct prejudicial to the best interest of the service. The respondent’s assertion that Bartolome is a fictitious name because the complainant has not stated in her complaint her exact address is preposterous in light of the evidence of direct personal and text message contacts between them. In the absence of supporting evidence, the claim that the complaint against her is pure and simple harassment orchestrated by persons with grudge against her, is mere conjectural allegation.
WHEREFORE, the Court finds respondent Rosalie B. Maranan, Court Stenographer III, Regional Trial Court, Branch 20, Imus, Cavite, GUILTY of Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service and is accordingly DISMISSED from the service, with prejudice to re-employment in any government agency including government-owned or controlled corporations. Her retirement benefits, except accrued leave credits are ordered forfeited. This decision shall be immediately executory.
The Court further Resolves to REQUIRE Judge Fernando L. Felicen, Regional Trial Court, Branch 20, Imus, Cavite and Atty. Renante C. Bihasa, to file their Comments on their alleged participation in the anomalous activities of the respondent, within fifteen (15) days from notice. This directive is without prejudice to the investigation of all or selected employees and officials of the Branch, who may have participated in anomalous transactions relating to annulment of marriage.
The Office of the Court Administrator is hereby directed to submit to this Court, within thirty (30) days, a list of the annulment of marriage decisions of Judge Fernando L. Felicen for the past ten (10) years, indicating therein the judgments made and the names of participating lawyers and prosecutors.
The Office of the Chief Attorney shall analyze the submitted data, including the records of and the proceedings in the listed cases, and recommend to the Court the actions it should take in the event a pattern of corruption involving annulment of marriage cases emerges. The Office of the Chief Attorney is given ninety (90) days from receipt of the Office of the Court Administrator’s list, within which to submit its recommendations to the Court.
The Office of the Court Administrator shall likewise refer this administrative case and its records to the Ombudsman for whatever action it may take within its jurisdiction.
Sereno, (Chief Justice), Carpio, Velasco, Jr., Leonardo-De Castro, Brion, Del Castillo, Villarama, Jr., Perez, Mendoza, Reyes, Perlas-Bernabe, Leonen, and Jardeleza, JJ., concur.
Peralta, and Bersamin, JJ., on leave.
20 Sec. 1(k), Rule 2, A.M. No. 01-7-01-SC - Re: Rules on Electronic Evidence, dated July 17, 2001.
21 Id., Section 2, Rule 11.
24 Id. at 2-3 and 69-70.
25Nuez v. Cruz-Apao, A.M. No. CA-05-18-P, April 12, 2005, 455 SCRA 288, 300.
26Narag v. Manio, A.M. No. P-08-2579, June 22, 2009, 590 SCRA 206, 211.
28Canlas-Bartolome v. Manio, A.M. No. P-07-2397, December 4, 2007, 539 SCRA 333, 339-340; Narag v. Manio, id at 211-212; Mendoza v. Tiongson, A.M. No. P-90-454, December 17, 1996, 265 SCRA 653, 655; and Fabian v. Galo, A.M. No. P-96-1214, June 10, 2003, 403 SCRA 375, 379.
29Mendoza v. Tiongson, supra note 28 and Fabian v. Galo, supra note 28.
30Fabian v. Galo, supra note 28; Mallonga v. Manio, A.M. No. P-07-2298, April 24, 2009, 586 SCRA 335, 341.

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CialdeItalia di A. Zambernardi & C. S.n.c.
Le purchase operations will be governed by the provisions referred to in D. lgs. n. 185 of the 22.5.1999, while the protection of confidentiality (privacy) will be submitted the discipline of D. lgs. 196/03.
The present general conditions will be able to be updated or modified by Antonio Zambernardi at any time, without notice, and will be valid from the date of publication in the website CialdeItalia.it.
The consumer agrees and forces, every time a modification is of these general conditions, it behind vision and when it deems appropriate to provide for their printing and storage.
and a consumer customer, in the context of a system of sale in organized distance from a supplier, ie the legal transaction transaction concerning goods furniture, which for this contract employs exclusively the technology of communication at a distance called Internet. To consumer is the person physics who buys goods and services for purposes not directly related to their professional activity eventually carried out.
The conditions foreseen in the premise are an integral part and essential part of this contract.
All contracts will be concluded directly by accessing by the Customer (business and private) to the site Internet corresponding to the address CialdeItalia.it. At which point the Customer may conclude the contract for the purchase of the desired product carefully following the instructions and procedures laid down.
Le present general conditions of sale must be examined on-line by the customer, before the completion of the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of themselves and their full acceptance.
The customer, with the sending electronic confirmation of own purchase order, unconditionally accepts and obliged to observe, in its relations with CialdeItalia.it the conditions general and payment of described below, claiming to have taken vision and accepting all the indications provided by him within the meaning of the rules mentioned above, taking and also recognizing that sole proprietorship called Cialdeitalia not it is believed bound to different conditions if not preventively agreed in writing.
All prices of sale of the products displayed and indicated within the site Internet CialdeItalia.it, for which they constitute offer to the public pursuant to art. 1 336 d.c., are inclusive of I.V.A. and of all other taxes.
The total cost of the shipment until to the domicile of customer is charged to of the the client himself, unless otherwise specified. This cost will be, in any case made known to the customer before the confirmation of purchase.
The purchase contract is perfects through the exact compilation and the consensus the purchase manifested by the accession date on-line after you have registered.
The customer can pay the goods ordered using the payment methods indicated on-line at the time of purchase.
Purchases made with mode 'special: Book here.
In the cases set forth hereunder point 2.6.1 and with the mode 'described in point 2.6.2 the customer can use the mode' of purchase Reservation, ie the inclusion of any an order in order to book one or more 'products not available in that moment.
La mode 'of purchase booking and' applicable only and exclusively to orders containing one or more 'articles not available at time of order entry same. The articles do not available will be identified from a disc of red color.
The same will be reported into your page - SHOP -, before the beginning of the purchase procedure, from 3 asterisks.
1 - The customer, after registering and having inserted in their own Shopping Cart Purchases one or more 'articles like said up to point 2.6.1, must' initiate the normal procedure of order confirmation.
2 - Subsequently the Customer dovra 'complete the insertion up to receive the message that confirmation complete the operation and the payment. The articles ordered will be shipped within 7gg from the moment of payment, in case of delays the buyer will be promptly contacted and may decide to cancel the order and receive your refund of the amounts paid.
3 - Do not soon as the items ordered will be available, CialdeItalia.it will communicate 'the arrival of the products to the customer with the confirmation of which took place shipment.
Cialdeitalia, will provide to deliver to customers, at the address indicated by the customer, the products selected and ordered, with the modalities envisaged by preceding article, by couriers expressed or postal means.
The purchased goods will be delivered within the terms provided by art. 6 Decree. 185/1999. No responsibility can be attributed to Cialdeitalia snc for late or non delivery due to force majeure or unforeseeable circumstances, it delays the delivery with respect to the estimated time and not binding. The quick service order processing offered by Cialdeitalia snc is an advantage for the customer, but it is not binding on Cialdeitalia Inc which is committed to still ship the items ordered within 30 days from the confirmation order or payment.
The customer is held to verify, upon of the receipt, the conformity of the product delivered to him with the order made; only after such verification, and unless of course the right of withdrawal provided to the point n. 8, the customer must sign the documents of delivery. Should the goods are purchased with without "reserve of verification" written on the bubble which will be retained from the courier, our company is completely exonerated from all responsibility for any damage or tampering, you invites therefore customers to accept products ALWAYS with RESERVE of VERIFICATION, also in order to avoid any unpleasant discussions.
At the time of delivery of the goods, the customer must verify the integrity of packages and correspondence quantitative and qualitative as indicated in the accompanying document. In case of discrepancy, the same should be reported on the same document accompanying and confirmed, within seven days via fax, PEC or registered letter ar, to Cialdeitalia. Pur in the presence of packaging intact, the goods must be verified within seven days of receipt. Any anomalies hidden, should be reported in writing to by fax or registered ar. Each alert over these terms, will will not be taken into account. For each statement, the customer assumes the responsibility full of the statements.
La delivery to domicile, unless otherwise written agreement between the parties, will take on the ground floor, of all the days, excluding Saturdays, Sundays and holidays.
The customer is required to make available in order to avoid any additional charges for non-delivery by the courier, charges that otherwise focus on the customer. For shipments with pre-payment is not accepted in case the product will be charged to the customer shipping costs and return at our warehouse, which amounted to € 19.80 + € 15.00 which cost of storage.
IMPORTANT! For shipments with cash on delivery (delivery) if not paid the mark and is not withdrawn the goods the customer will immediately be sued and sued, and the practice of cost recovery / damage will be entrusted to a debt collection agency.
3.7 For orders placed by dealers, conditions reserved for them, without prejudice to the provisions of the preceding Article 3.6, the costs of reimbursement of expenses will go up by the cost of shipping back in order.
3.8 The shipments with priority mail are at purchaser's risk who agrees to avail of a service Shipping cheap, but not traceable and for this CialdeItalia is not responsible in case of thefts of shipments. To all the products for where you can choose the shipment with priority mail is always available with a secure service traced with recommends or express courier. The customer from the moment who chooses the priority mail is aware of the risk and for this you do not accept claims for shipments never delivered.
Cialdeitalia, he is not responsible for damage caused by the carrier to the products purchased. Is offered an optional insurance service to the customer who can choose whether or not insure the goods during the purchase, it is possible that choice, the responsibility for uninsured shipments is fully borne by the buyer.
The customer can only purchase products currently present in the electronic catalog of CialdeItalia.it. Should the request made through an order on-line should exceed the quantity available for a given article, CialdeItalia.it accept the purchase limited to what is actually available of his virtual warehouse. It will be care d CialdeItalia.it make known to the customer (via phone or e-mail) if the products ordered will be or not available in the future.
Cialdeitalia, do not assumes no responsibility for disservices caused by delays in the phases of delivery of the goods not dipendendi by delays in the shipment (packing time up to 72 working hours from the order with exception where signposted), or other events attributable to causes of force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that could prevent, in whole or in partly, to give execution in the times agreed to the contract. The delivery will be in any case completed in-term maximum foreseen by previous point 3.2. For this are not ammissimibili requests for compensation for no reason. E 'Permissible the application for redemption exclusively amounts paid as a result of damage total of the goods, that shall be reported in a clear and wrote to the courier upon delivery on the delivery note withheld by the carrier, and upon purchase of the insured shipping when ordering service, as laid down in point 3.9.
Cialdeitalia, do not be responsible towards to any party or of third parties in regarding damages, losses and costs incurred a result of failure execution of the contract for the reasons mentioned above, since the consumer entitled solely to reimbursement of the corresponded price.
Cialdeitalia, is not responsible for any fraudulent or illegal use that may be done by part of third parties, of cards of credit, checks and other means of payment, upon of the payment of the products purchased.
Cialdeitalia, in fact, in no time during the the purchase procedure is in able to know the number of buyer's credit card that, via a protected connection, is transmitted directly to the manager of banking service.
Cialdeitalia is not responsible for any damages of any kind arising from the use of compatible and / or original capsules sold, neither for manufacturing defects nor for improper use. Only in the obvious presence of a manufacturing defect that must be known promptly and with accurate documentation, the customer will be entitled to a refund of the amount paid for the defective product only, even if it is contained in larger packages, excluding shipping costs and other costs incurred by the customer at the time of purchase.
All our products are covered by warranty for any defect or inherent vice to the product itself, to be reported within 60 days from the discovery. Will be our care replace the product at our expense or refund to the consumer the amount paid, shipping costs included, in compliance with what provisions of Articles 1519 quater and sexies of the civil code.
The subjects producers of the goods marketed on a CialdeItalia.it they offer a guarantee the duration of which minimum depends on the type of product purchased. The guarantee begins on day of purchase of the good. Such a service is provided directly from the houses manufacturers of the assets. Please be reminded that Items purchased with VAT shall enjoy the maximum guarantee of the law equal to 12 months.
For detailed warranty conditions read the following article 8.1.
The consumer agrees and undertakes, once concluded the procedure of purchase on-line, to handle the press and to the conservation of these general conditions, which, moreover, will have already seen and accepted in how much passage in the registration procedure out of CialdeItalia . en, as well as of the specifications of product object of the purchase, and what in order to integrally satisfy the condition of which to art. 3 and 4 of D.lgs. n. 185/1999.
The present conditions overheads may be updated or changed at any time by Cialdeitalia, which provvederà to give communication via your own website. The consumer agrees and forces, every time a modification is of these general conditions, to provide for their printing and storage.
It is made strict prohibition the purchaser to enter false data, and / or invented, and / or of fantasy, in the procedure of registration process required to activate in its comparisons the iter for the execution of the present contract and the relative further communications; i data details and e-mail must be exclusively the their real personal data and not of third people, or of fantasy.
It is expressly forbidden to make double entries corresponding to a single person or enter data of third parties people. Cialdeitalia, reservoir to pursue legally any violation and abuse, in the interest and for the protection of all consumers.
Customer raises Cialdeitalia, from any liability arising from the issue of tax documents incorrect because of errors related to data supplied by the Customer, being the Client same only person responsible the correct insertion.
As required by Legislative Decree n. 206 of 06/09/2005, the customer Cialdeitalia consumer is granted the right to cancel the contract.
The right of withdrawal, making it possible for the consumer to return the product purchased and the reimbursement thereof, is provided only in respect of the natural persons who, in the conclusion of the contract, acted for purposes unrelated to business or professional eventually carried out. The right of withdrawal must be exercised within a period of 14 working days from receipt of goods. The right of withdrawal does not apply to audiovisual products and computer software sealed open by the consumer nor to the supply of goods made to specifications or clearly personalized or which by their nature can not be returned or are liable to deteriorate or expire rapidly, as perishable food items.
The right of withdrawal can only be exercised with regard to the product purchased in its entirety; it can be exercised only on the withdrawal of the product (ex .: accessories, software, attachments, etc. ...).
by registered letter with acknowledgment of receipt, the withdrawal form downloadable compiled in all its parts in which communicates the intention to withdraw from the contract. The withdrawal form, within the same period of 14 working days from receipt of goods, can be anticipated by fax to +39 0564/467066 or PEC to cialdeitaliasnc@pec.it. In this case, the cancellation must be confirmed by the customer within 48 hours, by sending the withdrawal form by registered letter with acknowledgment of receipt.
2. Within 14 days after sending the withdrawal form, the customer must return the products at Cialdeitalia snc - via zircone, 145-58100 Grosseto, indicating the package (even internally) the order number and the name and surname of the customer, including any order confirmations and receipts showing that the withdrawal period is not exceeded.
3. The customer must prepare the product, carefully packed in its original packaging (including internal protections) avoiding damage by adhesive labels, etc., complete with all the accessories and in origin content. If the product you get Cialdeitalia damaged during shipment reduction will be applied to the value based on the damage of the product itself, which could compromise the reselling.
4. The goods must be made exclusively by courier since this is typically food so it is necessary to minimize transit times. We recommend you insure the shipment against theft, loss or transport damage. If the product does not travel insured, in case of damage or loss during transportation, Cialdeitalia reserves the right to charge for any damages incurred.
5. The shipment by the customer shall be made exclusively by registered mail within 14 days of the customer's communication of withdrawal.
On receiving the goods, Cialdeitalia will verify its integrity and refund the customer the amount of the goods purchased.
The repayment of the total amount paid will take place with the same payment method used by the customer only in case of payment on delivery reimbursement is exclusively via bank transfer to the account specified by the Client in the withdrawal form. Cialdeitalia will send a refund within 14 days of receipt by the customer made the Cialdeitalia. (Remember that the refund varies according to the payment method used when ordering, orders paid by credit card or PayPal will be repaid through the payment reversal, others by bank transfer).
If the goods are damaged during transport, Cialdeitalia shall notify the Customer thereof (within five working days from receipt of product in their stores), to allow the customer to file a timely complaint against the courier chosen by him and get the refund of product value (if insured by the Customer). Please note that in the case of coffee cans or other products that are damaged, then with visible dents, tears, or otherwise, the reimbursement will be partial and in severe cases it is possible that the product is no longer marketable, and then the client will automatically lose entitled to a refund for the non respect of the forwarding conditions and integrity of the returned goods.
Cialdeitalia is liable to the consumer customer ( natural person who, in the conclusion of the contract, acted for purposes unrelated to the business or profession ) for any lack of conformity which exists at the time of delivery of the goods (Articles 128-135 of the Leg. n . 206 of 06/09/2005 ) .
The legal guarantee in favor of the consumer covers defects of conformity existing at the time of delivery of the goods , which appear within two years after delivery of the asset. The lack of conformity must be communicated, under penalty of forfeiture , within two months from the date on which the consumer has discovered the defect . The action against the seller shall expire in any case within a period of twenty-six months from delivery. The guarantee is not applicable , for example, in the case of negligence and carelessness in the use and maintenance of the product, connecting the product to the electrical system or any other kind of non-compliant.
In case of lack of conformity , the consumer has the right to restore , without charge, the conformity of the goods by repair or replacement , or at a suitable price reduction or termination of the contract , in accordance with the provisions of art. 130 of Legislative Decree no. 206/2005 .
by registered mail, or by fax to the number +39 0564/467066 or PEC to cialdeitaliasnc@pec.it .
2 . Upon receiving such notification , the Customer Service Cialdeitalia contact the Customer to communicate how to return.
3 . Customer must prepare the product carefully packed (preferably in its original packaging and in this case avoiding damage by adhesive labels, etc. ) and complete with all the original content.
Cialdeitalia will send a courier to pick the right product at no additional cost to the customer . After checking the product returned by the Customer , Cialdeitalia will replace or repair and will proceed to the shipment of the product, except as provided for by art. 130 of Legislative Decree no. 206/2005 .
Cialdeitalia trying to make all the above procedure in less time as possible trying to cause the least inconvenience to the customer .
To do this, Cialdeitalia the collaboration of leading transportation companies that provide care , efficiency and speed of shipments , shipments are insured against damage and theft in order to ensure the customer peace of mind.
Cialdeitalia informs its Customers that the average timing to perform the entire procedure ( signaling, product withdrawal , repair / replace the goods and restitution thereof) of about 25 days.
In case of failure to guarantee the procedure is the same as indicated in section 8.2.1 . . Cialdeitalia directly intervenes to repair or replace all equipment brand Cialdeitalia , Gimoka , Espresso Italian and PANAFE . For electronic equipment for other brands such as Bialetti , Saeco , Gaggia , WE.GA. , etc. .... Cialdeitalia of use of the service made available by the various manufacturers , so the customer can bring your own device directly at the assitance center nearest you, simply by proof of purchase. Service is free for all faults not attributable to neglect, carelessness in the use and maintenance of the product , connecting the product to the electrical system or any other kind norma. Per not know the assitance center nearest you can consult the websites or contact the manufacturer .
If Cialdeitalia shipping errors will restore and / or replace the missing goods to the customer at his own expense if the value of the goods to be integrated is more than € 15,00. In all icasi in which the value of goods missing or replaced is less than € 15.00 cialdeitalia will issue the customer a refund equal to the value of the goods missing and / or incorrect.
Although not described or for more information, please refer to the text of the Code Of Consumption on the website of the Ministry of Economic Development from here.
Filling in the appropriate space, present on the website, the Customer authorizes Cialdeitalia, to using the own credit card, or other card issued in replacement thereof, and to debit your own bank account in favor of Cialdeitalia the total amount indicated as the cost with the purchase made on-line. The whole procedure is done via secure connection directly connected to the bank holder and manager of the payment service on-line, to which Cialdeitalia can not access.
If the consumer were to exercise the right of withdrawal, as well as articulated to the point 8 of these general conditions, the amount to be refunded will be credited by means of method previously agreed with the customer.
Cialdeitalia, has the faculty to resolve the stipulated contract giving simple communication to the customer indicating the motivation, in such case the customer will be entitled only to refund the amount already paid.
The obligations assumed by the customer in art. 7 (Obligations of buyer), and the guarantee of successful end of the payment that the customer makes with the media in art. 2, they have character essential, so that by express agreement, the failure by part of the Customer, of a just one of said bonds will determine the resolution of law of the contract former art.1456 cc, without necessity of judicial pronunciation, fact prejudice to the right for Cialdeitalia, to act in discretion to claim for of any further damage.
This is our privacy statement that explains who we are, the reasons and methods of processing personal data, its rights and references to contact us.
Be one of our customers or suppliers.
Both a person who intends to work with us for the marketing of our goods or services or who intends to communicate with us. In that case, we may have obtained your contact details directly from you (for example, through our website, forwarded by email or other source).
Your address, telephone number, e-mail address or other address that is deemed necessary due to the nature of our relationship.
Information concerning you and that provides us by communicating with us by telephone, by e-mail or through our website, social networks or otherwise.
Information that supplies us or that we obtain for the performance or supply of the good / service.
(Uniform Resource Identifier) of the requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters relating to the operating system and the user's computer environment.
✔ The optional, explicit and voluntary sending of e-mails to the addresses indicated on this site entails the subsequent acquisition of the sender's address, necessary to respond to requests, as well as any other personal data included in the message. Specific summary information will be progressively reported or displayed on the pages of the site prepared for particular services on request.
✔ Apart from that specified for navigation data, the user is free to provide personal data contained in the request forms to our Company or indicated in contacts with the Office to request the sending of informative material or other communications. . Failure to provide such data may make it impossible to obtain what has been requested.
Your data will be processed in paper form, computerized and for their protection regarding the paper archive, we have adopted appropriate protections in accordance with the law as well as for computer systems.
The provision of your personal data is necessary to provide products, information and services requested by you, failure to communicate your personal data will make it impossible for us to provide you with what you request.
our external and internal partners, employees, professionals, our partners for carrying out tasks in the ordinary course of business.
In the event that, in order to be authorized, it is necessary to obtain your consent to the processing in advance, we will obtain and base our consent on the treatment in question (see below how to withdraw your consent at any time).
Otherwise, we will process your personal data, for the fulfillment and the contractual purposes.
The data processed by us related to you are stored on local server at our office, while the treatments related to the web services of our site, are managed on external server resident in Italy.
The data stored on the local server are handled only by our employees, or by persons in charge, external consultants for occasional maintenance operations, while the data present on external server where our website is based, are processed by qualified internal and external personnel. , for normal maintenance and use of corporate marketing activities.
No data deriving from the web service is communicated or disseminated. The personal data provided by users who request dispatch of informative material are used only to perform the service or provision requested and are communicated to third parties only if this is necessary for that purpose.
All personal data processed by us are stored securely.
We process personal data only for the time necessary for the (i) end (s) for the (i) which (i) were originally collected, after which (i) which (i) will be deleted or archived, except in the measure in which their treatment continues to be necessary for us in order to comply with legal obligations to which we are subject or for any other lawful and legitimate purpose.
You can request access to your personal data (please see the next section on how to get access to your personal data).
You can request the correction of personal data being processed that have errors.
In some circumstances (normally when personal data has been supplied by you and it is no longer necessary for us to process it), you can request its cancellation, which will be carried out within a maximum period of 30 days.
Where we process personal data relating to you on the basis of the consent granted prior to processing, you may withdraw your consent at any time and, as a result of such revocation, we will terminate the processing in question.
You can object to the processing performed on the basis of our legitimate interests or to send you marketing communications. In this case, the right to object to the processing of data for direct marketing purposes through automated means of contact also extends to the processing of data by non-automated means, unless you wish to oppose the processing only in part.
In case of complaint about any processing of your personal data, we may contact us or file a formal complaint with the Guarantor for the protection of personal data.
By writing to the address indicated below.
Please note that further information may be required to confirm your identity before providing the desired information.
The Guarantor for the protection of personal data is the supervisory authority in Italy. The Guarantor may also provide further information on his rights and obligations in relation to his personal data, as well as manage any complaint he had regarding the processing of his personal data that we have made.
Any dispute regarding the application, execution, interpretation and violation of contracts of purchase stipulated on-line via the website CialdeItalia.it, it is subject to Italian jurisdiction; the present general conditions you reported, although not expressly provided herein, to the combined willing of D.lgs. n. 50 of 15.1.1992 and of the D.lgs. n. 185 of the 22.5.1999.
For any dispute between the parties in relating to this contract will be competent the Foro exclusive of Grosseto.
The present sales conditions may be modified by cialdeitalia snc at any time without notice.
This is an English translation of the General Conditions of Sale existing in Italian language, created for the sole purpose of helping the foreign customer, but for any dispute shall be valid to the original version in Italian language.

matches:
art. 1
art. 6
art. 3
art. 130
art. 130
art. 7
art. 2
art.1456


Drug Defense Lawyer just received an update from an extremely well-qualified Federal Criminal Defense Attorney, Rosemary Cakmis.
The applicability of Judge Scriven's decision in Shelton -- that the Fla Drug statute is unconstitutional on its face -- cannot be overstated -- for state and federal cases. I've heard from some of you that you have raised this issue before and are excited about raising it again. We are working on ideas for its application in federal cases -- which regularly apply enhancements based on prior Florida drug convictions. We appreciate your ideas in this regard. Please keep them coming.
Because the opinion is a bit long -- 43 pages -- some have commented that they haven't had a chance to read it. Please take the opportunity to read it this weekend because it is chock-full of great tidbits of wisdom. In the meantime, Tracy Dacruz, one of our appellate attorneys, prepared the digest of the opinion below to give you a flavor of the opinion until you can read the whole thing.
Mackle Vincent Shelton v. Secretary, Department of Corrections, et, al.
(1) The Legislature finds that the cases of Scott v. State, [808 So.2d 166] (Fla. 2002) and Chicone v. State, 684 So.2d 736 (Fla. 1996), holding that the state must prove that the defendant knew of the illicit nature of a controlled substance found in his or her actual or constructive possession, were contrary to legislative intent.
(2) The Legislature finds that knowledge of the illicit nature of a controlled substance is not an element of any offense under this chapter. Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense to the offenses of this chapter.
(3) In those instances in which a defendant asserts the affirmative defense described in this section, the possession of a controlled substance, whether actual or constructive, shall give rise to a permissive presumption that the possessor knew of the illicit nature of the substance. It is the intent of the Legislature that, in those cases where such an affirmative defense is raised, the jury shall be instructed on the permissive presumption provided in this subsection.
Notably, Florida is the only state that expressly and purposefully removed mens rea as an element of a controlled substance offense. As Judge Scriven illustrated, due to the lack of mens rea as an element, a Fed Ex delivery man could be convicted under § 893.13 for unknowingly delivering a package containing a controlled substance. Citing Staples v. United States, 511 U.S. 600, 619, 620 (1994), the district court noted that a strict liability offense has only been held constitutional if (1) the penalty imposed is slight;(2) a conviction does not result in a substantial stigma, and (3) the statute regulates inherently dangerous or deleterious conduct.
Moreover, the district court pointed out, the Supreme Court read Staples and its antecedents as instructing that the presumption of a scienter requirement should apply to each of the statutory elements that criminalizes otherwise innocent conduct. In considering the Staples factors, the district court determined that § 893.13 violates due process.
First, the district court found that § 893.13 violates due process because the penalties are too severe. The court noted that no other strict liability statute carrying the penalties of the magnitude of § 893.13 has been upheld under federal law. The court pointed out that a conviction for delivery of a controlled substance, as defined in Schedule I, is a second-degree felony punishable by up to 15 years, and for a habitual violent felony offender like Petitioner Shelton, the offense includes a 10-year minimum mandatory sentence, with a 30-year maximum sentence.
Second, the court found that § 893.13 violates due process because it creates a substantial social stigma. Coupling the Supreme Court’s own admission that “a felony is as a bad a word as you can give a man,” with the fact that a 15 to 30-year sentence and the inability of felons to vote, sit on a jury, serve in public office, possess a firearm, obtain professional licenses, or federal student loan assistance, a felony conviction under § 893.13 gravely besmirches an individual’s reputation.
Furthermore, the court ruled that § 893.13 regulates inherently innocent conduct because it does not require even a minimal showing that the Defendant knew he was delivering any illicit substance as an element of the offense charged. The court explained that there is along tradition of lawful delivery and transfer of containers that might contain substances – carrying luggage on and off public transportation, bags in and out of stores, carrying book bags and purses, transporting boxes via commercial transportation. Under the statute, that conduct is criminal if it turns out that the substance in the container is a controlled substance without regard to the deliverer’s knowledge. As such, the court ruled that § 893.13 cannot survive constitutional scrutiny when considered in relation to the conduct it regulates – delivery of any substance.
Consider the student whose book bag a classmate hastily stashes his drugs to avoid imminent detection. The bag is then given to another for safekeeping. Caught in the act, the hapless victim is guilty based upon the only two elements of the statue: delivery (actual, constructive, or attempted),and the elicit nature of substance. The victim would be faced with the Hobson’s choice of pleading guilty or going to trial where he is presumed guilty because he is in fact guilty of two elements. He must then prove his innocence for lack of knowledge against the permissive presumption the statute imposed that he does in fact have guilty knowledge. Such an outcome is not countenanced under applicable constitutional proscriptions.


The provisions of the Arizona statutes that permit the filing of mechanics liens and materialmen's liens can be found at Arizona Code 33-981 et. seq. The full text of the Arizona Mechanics Lien Law is provided below, and has been updated as of 2011. To see a quick synopsis of the most important provisions, take a look at our Arizona Frequently Asked Questions page.
A. Except as provided in §§ 33-1002 and 33-1003, every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the construction, alteration or repair of any building, or other structure or improvement, shall have a lien on such building, structure or improvement for the work or labor done or professional services, materials, machinery, fixtures or tools furnished, whether the work was done or the articles were furnished at the instance of the owner of the building, structure or improvement, or his agent.
B. Every contractor, subcontractor, architect, builder or other person having charge or control of the construction, alteration or repair, either wholly or in part, of any building, structure or improvement is the agent of the owner for the purposes of this article, and the owner shall be liable for the reasonable value of labor or materials furnished to his agent.
C. A person who is required to be licensed as a contractor but who does not hold a valid license as such contractor issued pursuant to title 32, chapter 101 shall not have the lien rights provided for in this section.
D. A person required to give preliminary twenty day notice pursuant to § 33-992.01 is entitled to enforce the lien rights provided for in this section only if he has given such notice and has made proof of service pursuant to § 33-992.02.
E. A person who furnishes professional services but who does not hold a valid certificate of registration issued pursuant to title 32, chapter 12 shall not have the lien rights provided for in this section.
F. A person who furnishes professional services is entitled to enforce the lien rights provided for in this section only if such person has an agreement with the owner of the property or with an architect, an engineer or a contractor who has an agreement with the owner of the property.
An assignee of a contract or account for material furnished or labor performed may verify, file, record and enforce the contract as if he had been the original owner or holder thereof.
A. A person who furnishes professional services or material or labors upon a lot in an incorporated city or town, or any parcel of land not exceeding one hundred sixty acres in the aggregate, or fills in or otherwise improves the lot or such parcel of land, or a street, alley or proposed street or alley, within, in front of or adjoining the lot or parcel of land at the instance of the owner of the lot or parcel of land, shall have a lien on the lot or parcel of contiguous land not exceeding one hundred sixty acres in the aggregate, and the buildings, structures and improvements on the lot for professional services or material furnished and labor performed.
B. Every contractor, subcontractor, architect, builder, subdivider or other person having charge or control of the improvement or work on any such lot or parcel of land, either wholly or in part, is the agent of the owner for the purposes of this section, and the owner shall be liable for the reasonable value of professional services, labor or material furnished at the instance of such agent, upon a lot or parcel of land as prescribed in this section, or any street, alley or proposed street or alley, within, in front of or adjoining such lot or parcel of land.
Foundrymen, boilermakers, and other persons who labor or furnish materials for the construction, alteration, repair or operation of a mill, factory or hoisting works at the request of the owner shall have a lien thereon for the amount due. If the hoist, factory or mill is located on property not belonging to the owner of the hoist, factory or mill, the purchaser at the sale on foreclosure of the lien may remove them within sixty days after the sale, whether the hoist, factory or mill is a fixture or not. If the hoist, factory or mill is located on a mine, mining claim or mill site which is the property of the owner, the lien shall embrace the surface ground, not exceeding five acres, upon which the hoist, factory or mill is located.
Persons who furnish supplies or material or do repairs or perform labor for or on account of a domestic vessel owned wholly or in part in this state, shall have a lien on the vessel, her tackle, apparel, furniture and freight money for the amount due.
Persons who cut or cord wood, cut, saw or skid logs, cut, saw, hew or pile ties at the request of the owner thereof, shall have a lien thereon for the amount due for the labor performed.
Lien for Labor or Materials Furnished on Waterways, Highways, Excavations or Land.
A person who labors or furnishes labor or materials in the construction, alteration or repair of any canal, water ditch, flume, aqueduct or reservoir, bridge, fence, road, highway, cellar, excavation or other structure or improvement, or in the clearing, ditching, bordering or leveling of land, and to whom wages or monies are due or owing therefor, shall have a lien upon such property for all amounts due and unpaid. Materials includes the use of mules, horses, machinery or equipment used in or about such projects.
A person who labors or furnishes labor, teams, materials, machinery, fixtures or tools in the construction, repair or operation of a railroad, locomotive, car or other equipment, and to whom money or wages are due or owing therefor, and any person who furnishes provisions or supplies of any kind in the construction or repair of a railroad or to a contractor or subcontractor engaged in such construction or repair, for the housing, maintenance or subsistence of humans or animals employed or used in such construction or repair, and to whom any amount is due or owing therefor, shall have a lien upon the railroad and its equipment for the amounts unpaid.
A. A person who labors or furnishes materials or merchandise of any kind, designed for or used in or upon a mine or mining claim, and to whom any amount is due for labor, material or merchandise, shall have a lien upon the mine or mining claim for the unpaid amounts.
1. Under a contract between the person performing the labor or furnishing the material or merchandise and the owner of the mining claim, or his contractor.
2. Under a contract between the person performing the labor or furnishing the material or merchandise and the lessee of the mine or mining claim, or his contractor, where the lease from the owner to the lessee permits the lessee to develop or work the mine or mining claim.
3. Under a contract between persons performing the labor or furnishing the material or merchandise, and any person having an option to buy or contract to purchase the mine or mining claim from the owner thereof, where the option or contract permits the person to go upon the mine or mining claim, and to work or develop it.
C. The lien shall attach to the mine or mining claim in or on which the labor was performed or material or merchandise furnished, in preference to any prior lien or encumbrance or mortgage upon the mine or mining claim.
Posting of “no Lien” Notice by Owner Not Operating Mine; Violation; Classification.
1. The mine or claim is not being operated by the owner.
2. The owner will not be liable for labor performed or materials or merchandise furnished in the operation or development of the mine or mining claim.
3. The mine or claim will not be subject to a lien therefor, referring to the contract, and particularly describing the mine or claim.
B. The lessee or person operating the mine shall keep the notices posted, and upon failure to do so is guilty of a class 2 misdemeanor.
A. If the land upon which an improvement is made and labor or professional services have been performed lies outside of the limits of the recorded map or plat of a townsite, an incorporated city or town, or a subdivision, the lien shall extend to and include not to exceed ten acres of the land upon which the improvement is made and the labor has been performed.
B. If the land on which an improvement is made or labor or professional services have been performed lies within the limits of a recorded map or plat of a townsite, an incorporated city or town, or a subdivision, the lien shall extend to and include only the particular lot or lots upon which the improvement is made and the labor has been performed.
C. If the labor is performed or the improvements made upon a mining claim, the lien shall extend to the whole thereof and to the group of which the claim upon which the work was done is a part if the group is operated as one property.
A. The liens provided for in this article, except as provided in subsection B of this section or unless otherwise specifically provided, are preferred to all liens, mortgages or other encumbrances upon the property attaching subsequent to the time the labor was commenced or the materials were commenced to be furnished except any mortgage or deed of trust that is given as security for a loan made by a construction lender as defined in § 33-992.01, subsection A, paragraph 1, if the mortgage or deed of trust is recorded within ten days after labor was commenced or the materials were commenced to be furnished. The liens provided for in this article except as provided in subsection B of this section are also preferred to all liens, mortgages and other encumbrances of which the lienholder had no actual or constructive notice at the time the lienholder commenced labor or commenced to furnish materials except any mortgage or deed of trust that is given as security for a loan made by a construction lender as defined in § 33-992.01, subsection A, paragraph 1, if the mortgage or deed of trust is recorded within ten days after labor was commenced or the materials were commenced to be furnished.
B. A notice and claim of lien for professional services shall not attach to the property for priority purposes until labor has commenced on the property or until materials have commenced to be furnished to the property so that it is apparent to any person inspecting the property that construction, alteration or repair of any building or other structure or improvement has commenced.
C. If no labor commences on a property or no materials are furnished to the property, a registered professional may record and foreclose on a lien at any time after the registered professional’s work has commenced if the registered professional’s work has added value to the property. If labor or materials are furnished to the property, the priority of the registered professional’s lien is governed by subsection B of this section.
D. Liens for professional services shall attach not before but at the same time, and shall have the same priority, as other liens provided for in this article.
1. Demolition or removal of improvements, trees or other vegetation.
2. Drilling of test holes.
3. Grading, filling or otherwise improving.
4. Constructing or installing sewers or other public utilities.
5. Constructing or installing streets, highways or sidewalks.
1. “Construction lender” means any mortgagee or beneficiary under a deed of trust lending funds all or a portion of which are used to defray the cost of the construction, alteration, repair or improvement, or any assignee or successor in interest of either.
2. “Original contractor” means any contractor who has a direct contractual relationship with the owner.
3. “Owner” means the person, or the person’s successor in interest, who causes a building, structure or improvement to be constructed, altered or repaired, whether the interest or estate of the person is in fee, as vendee under a contract to purchase, as lessee, or other interest or estate less than fee. Where an interest or estate is held by two or more persons as community property, joint tenants or tenants in common, any one or more of the persons may be deemed the owner.
4. “Preliminary twenty day notice” means one or more written notices from a claimant that are given prior to the recording of a mechanic’s lien and which are required to be given pursuant to this section.
B. Except for a person performing actual labor for wages, every person who furnishes labor, professional services, materials, machinery, fixtures or tools for which a lien otherwise may be claimed under this article shall, as a necessary prerequisite to the validity of any claim of lien, serve the owner or reputed owner, the original contractor or reputed contractor, the construction lender, if any, or reputed construction lender, if any, and the person with whom the claimant has contracted for the purchase of those items with a written preliminary twenty day notice as prescribed by this section.
1. A general description of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished and an estimate of the total price thereof.
2. The name and address of the person furnishing labor, professional services, materials, machinery, fixtures or tools.
3. The name of the person who contracted for the purchase of labor, professional services, materials, machinery, fixtures or tools.
4. A legal description, subdivision plat, street address, location with respect to commonly known roads or other landmarks in the area or any other description of the jobsite sufficient for identification.
In accordance with Arizona Revised Statutes § 33-992.01, this is not a lien and this is not a reflection on the integrity of any contractor or subcontractor.
1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes § 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor.
2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes § 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor.
3. Using any other method or device which is appropriate under the circumstances.
In accordance with Arizona Revised Statutes § 33-992.01, this is not a lien. This is not a reflection on the integrity of any contractor or subcontractor.
3. Using any other method or device that is appropriate under the circumstances.
Within ten days of the receipt of this preliminary twenty day notice the owner or other interested party is required to furnish all information necessary to correct any inaccuracies in the notice pursuant to Arizona Revised Statutes § 33-992.01, subsection I or lose as a defense any inaccuracy of that information.
Within ten days of the receipt of this preliminary twenty day notice if any payment bond has been recorded in compliance with Arizona Revised Statutes § 33-1003, the owner must provide a copy of the payment bond including the name and address of the surety company and bonding agent providing the payment bond to the person who has given the preliminary twenty day notice. In the event that the owner or other interested party fails to provide the bond information within that ten day period, the claimant shall retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a result of not timely receiving the bond information.
E. If labor, professional services, materials, machinery, fixtures or tools are furnished to a jobsite by a person who elects not to give a preliminary twenty day notice as provided in subsection B of this section, that person is not precluded from giving a preliminary twenty day notice not later than twenty days after furnishing other labor, professional services, materials, machinery, fixtures or tools to the same jobsite. The person, however, is entitled to claim a lien only for such labor, professional services, materials, machinery, fixtures or tools furnished within twenty days prior to the service of the notice and at any time thereafter.
F. The notice or notices required by this section may be given by mailing the notice by first class mail sent with a certificate of mailing, registered or certified mail, postage prepaid in all cases, addressed to the person to whom notice is to be given at the person’s residence or business address. Service is complete at the time of the deposit of notice in the mail.
G. A person required by this section to give notice to the owner, to an original contractor, to the construction lender, if any, and to the person with whom the claimant has contracted need give only one notice to the owner, to the original contractor, to the construction lender, if any, and to the person with whom the claimant has contracted with respect to all labor, professional services, materials, machinery, fixtures or tools furnished for the building, structure or improvement, unless the actual estimated total price for the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished exceeds by twenty per cent or more the total price in any prior original or subsequent preliminary notice or unless the labor, professional services, materials, machinery, fixtures or tools are furnished under contracts with more than one subcontractor, in which case notice requirements shall be met for all additional labor, professional services, materials, machinery, fixtures or tools.
H. If a notice contains a general description required by subsection C of this section of the labor, professional services, materials, machinery, fixtures or tools furnished up to the date of notice, it is not defective because after the date the person giving notice furnishes labor, professional services, materials, machinery, fixtures or tools that are not within the scope of the general description, or exceed by less than twenty per cent the estimated total price thereof.
1. The legal description, subdivision plat, street address or location with respect to commonly known roads or other landmarks in the area, or any other description of the jobsite sufficient for identification.
2. The name and address of the owner or reputed owner.
3. The name and address of the original contractor or reputed contractor.
4. The name and address of the construction lender, if any, or reputed construction lender.
5. If any payment bond has been recorded pursuant to § 33-1003, a copy of the bond and the name and address of the surety company and bonding agent, if any, providing the payment bond.
J. Failure of the owner or other interested party to furnish the information required by this section does not excuse any claimant from timely giving a preliminary twenty day notice, but it does stop the owner from raising as a defense any inaccuracy of the information in a preliminary twenty day notice, provided the claimant’s preliminary twenty day notice of lien otherwise complies with the provisions of this chapter. If the information is received by the claimant after the claimant has given a preliminary twenty day notice and the information contained in the preliminary twenty day notice is inaccurate, the claimant shall, within thirty days of the receipt of this information, give an amended preliminary twenty day notice in the manner provided in this section. An amended preliminary twenty day notice shall be considered as having been given at the same time as the original preliminary twenty day notice, except that the amended preliminary twenty day notice shall be effective only as to work performed, materials supplied or professional services rendered twenty days prior to the date of the amended preliminary twenty day notice or the date the original preliminary twenty day notice was given to the owner, whichever occurs first. If a payment bond has been recorded in compliance with § 33-1003 and the owner or other interested party fails to furnish a copy of the bond and the other information as required by this section, the claimant shall retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a direct result of not timely receiving a copy of the bond and the other information from the owner or other interested party.
This acknowledges receipt on (insert date) of a copy of the preliminary twenty day notice at (insert address).
2. If a person to whom the notice is served pursuant to § 33-992.01, subsection F fails to complete the acknowledgment or fails to complete and return the acknowledgment within thirty days from the date of mailing, proof of mailing may be made by affidavit of the person making the mailing, showing the time, place and manner of mailing and facts showing that such service was made in accordance with § 33-992.01. The affidavit shall show the name and address of the person to whom a copy of the preliminary twenty day notice was mailed, and, if appropriate, the title or capacity in which he was given the notice. If mailing was made by first class mail sent with a certificate of mailing, the certificate of mailing shall be attached to the affidavit. If the mailing was by certified or registered mail, the receipt of certification or registration shall be attached to the affidavit.
3. A statement of the terms, time given and conditions of the contract, if it is oral, or a copy of the contract, if it is written.
6. A statement of the date the preliminary twenty day notice required by § 33-992.01 was given. A copy of such preliminary twenty day notice and the proof of mailing required by § 33-992.02 shall be attached.
B. For purposes of this section, if a work of improvement consists of the construction for residential occupancy of more than one separate building without regard to whether the buildings are constructed pursuant to separate contracts or a single contract, each building is a separate work and the time within which to perfect a lien by recording the notice of lien pursuant to subsection A of this section commences to run on the completion of each separate building. For purposes of this subsection, “separate building” means one structure of a work of improvement and any garages or other appurtenant buildings in a multibuilding residential project or residential subdivision.
1. Thirty days after final inspection and written final acceptance by the governmental body which issued the building permit for the building, structure or improvement.
2. Cessation of labor for a period of sixty consecutive days, except when such cessation of labor is due to a strike, shortage of materials or act of God.
D. If no building permit is issued or if the governmental body that issued the building permit for the building, structure or improvement does not issue final inspections and written final acceptances, then “completion” for the purposes of subsection A of this section means the last date on which any labor, materials, fixtures or tools were furnished to the property.
1. The name and address of the owner.
2. The nature of the interest or estate of the owner.
3. The legal description of the jobsite and the street address. The validity of the notice is not affected by the fact that the street address recited is erroneous or that such street address is omitted.
4. The name of the original contractor, if any.
5. The names and addresses of any predecessors in interest if the property was transferred after the beginning of the work or improvement.
6. The nature of the improvements to the real property.
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described, or the undersigned is the owner’s agent.
2. The full name of the undersigned is .
7. The nature of the improvements to the real property .
9. The name of the original contractor, if any, for such work or improvement is .
I, the undersigned, certify that I am the owner, the owner’s agent for the property or another interested party in the property, described in the above notice, or I certify that I am the original contractor of the improvements to the real property described in the above notice. I have read the foregoing notice and know and understand the contents thereof, and the facts stated therein are true and correct. I declare under penalty of perjury that the foregoing is true and correct.
Executed on __________(date) at ____________________(Place where signed), Arizona.
In order to shorten the lien period pursuant to Arizona Revised Statutes § 33-993, subsection A, a copy of the notice of completion and a written statement of the date of recording and the county recorder’s record location information shall be served by certified or registered mail, postage prepaid, to the owner, the original contractor and all persons from whom the person recording this notice has previously received a preliminary twenty day notice as prescribed by Arizona Revised Statutes § 33-993, subsection I.
Notice: Receipt of a notice of completion may alter the time you have to impress and secure a lien in accordance with Arizona Revised Statutes § 33-993, subsection A.
G. If there is more than one owner, any notice of completion signed by less than all such owners shall recite the name and address of all such owners. If the notice of completion is signed by a successor in interest, it shall recite the names and addresses of his transferor or transferors.
H. A notice of completion shall be recorded in the office of the county recorder of the county in which the property or some part of the property is located. The county recorder of the county in which the notice of completion is recorded shall index the notice of completion under the index classification in which mechanics’ and materialmen’s liens are recorded.
I. If a notice of completion has been recorded, the person recording the notice, within fifteen days of recording, shall mail by certified or registered mail postage prepaid a copy of the notice of completion and a written statement of the date of recording and the county recorder’s record location information to the original contractor and all persons from whom the owner has previously received a preliminary twenty day notice. In the event the owner or its agent fails to mail a copy of the notice of completion and a written statement of the date of recording and the county recorder’s record location information within fifteen days of recording to any person from whom the owner has received a preliminary twenty day notice, such person shall have one hundred twenty days from completion as defined in § 33-9931 to impress and secure the lien provided for in this article.
Upon service of the notice and claim of lien, the owner may retain, out of the amount due or to become due the original contractor, the value of the labor or material furnished as shown by the notice and claim of lien. The owner shall furnish the original contractor with a true copy of the notice and claim of lien and if the contractor does not, within ten days after receipt of the copy, give the owner written notice that he intends to dispute the claim, he shall be considered as assenting to the demand, which shall be paid by the owner when it becomes due.
A. When a lien is recorded or notice given by any person other than a contractor, the contractor shall defend any action brought thereon.
B. During pendency of such action the owner may withhold the amount sued for, and if judgment is given upon the lien, he may deduct from any amount due or to become due from him to the contractor the amount of the judgment and costs.
C. If the owner has settled with the contractor in full, or if such an amount is not owing to the contractor, the owner may recover back from the contractor the amount so paid by him, and for which the contractor was the party originally liable.
D. Any contractor, subcontractor or other person who is obligated by statute, contract or agreement to defend, remove, compromise or pay any claim of lien or action and who undertakes such activity has the rights of the owner and beneficial title holder against all persons concerning such activity, as specified in §§ 33-420 and 33-994.
E. If any contractor or other person institutes an action to foreclose a lien pursuant to this article, the court may, at its discretion, award the prevailing party on the lien claim all reasonable expenses incurred in the action including attorney fees, other professional services and bond premiums under § 33-1004.
Lienors not contesting the claims of each other may join as plaintiffs, and when separate actions are commenced the court may consolidate them, and make all persons having claims filed parties to the action. Persons claiming liens who fail or refuse to become parties plaintiff shall be made parties defendant, and those not made a party, may, at any time before final hearing, intervene.
No sale of property to satisfy a lien granted under the provisions of this article shall be made except upon judgment of foreclosure and order of sale.
A. A lien granted under the provisions of this article shall not continue for a longer period than six months after it is recorded, unless action is brought within that period to enforce the lien and a notice of pendency of action is recorded pursuant to § 12-1191 in the office of the county recorder in the county where the property is located. If a lien claimant is made a party defendant to an action brought by another lien claimant, the filing within such period of six months of an answer or cross-claim asserting the lien shall be deemed the commencement of an action within the meaning of this section.
B. In any action to enforce a lien granted under this article, the court may award the successful party reasonable attorney fees.
A. The person enforcing a lien granted under the provisions of this article may have the lot or land and improvements sold together, or he may have the improvements alone sold when it can be done without material injury to the property beyond the value of the improvements.
B. When the improvements are sold separately, the purchaser shall be placed in possession by the officer conducting the sale and the purchaser shall have the right to remove the improvements within a reasonable time from the date of purchase.
A. Except as otherwise provided in § 33-992, the liens for work and labor done or professional services or material furnished, as provided for in this article, are on an equal footing without reference to the date of recording the notice and claim of lien, and without reference to the time of performing the work and labor or furnishing the professional services or material.
B. When a sale is ordered and the property sold, the proceeds of the sale, if not sufficient to discharge all liens against the property without reference to the date of recording the notice and claim of lien, shall be prorated over the respective liens that have equal footing with the foreclosing lien.
A. When a levy is made under execution, attachment or other similar writ, except when the writ is issued in an action under this article, a miner, mechanic, salesman, servant or laborer who has a claim against the defendant for labor performed may give notice of his claim, sworn to and stating the amount thereof, to the creditor, defendant debtor and the officer executing the writ, at any time within three days before sale of the property levied upon. The officer shall file the claim with the clerk of the court issuing the writ, and unless the claim is disputed by the debtor or creditor before sale, the officer shall pay the claimant from the proceeds of the sale the amount claimant is entitled to receive for such services rendered within sixty days next preceding the levy of the writ, not exceeding two hundred dollars to each claimant. Upon failure of the officer to do so, he shall be liable to the claimant therefor.
B. The claim may be disputed by the debtor or creditor, or any lienholder, in writing, specifying the reasons for disputing it, verified and delivered to the officer before the sale, and shall be filed in the court issuing the writ. The officer shall pay all claims not disputed from the first money received. If the total amount of all claims presented exceeds the amount derived from the sale, the officer shall pay to the holders of the undisputed claims their pro rata share of the money and shall pay the pro rata amount of the disputed claims, together with an amount for costs as the court orders, into court. The court shall cite all parties interested to appear, and in a summary manner determine the validity of the disputed claims and direct the manner in which the officer shall distribute the proceeds of the sale.
1. “Dwelling” means real property upon which there has been constructed or is to be constructed any building, structure or improvement which is designed for either single one-family or single two-family residential purposes or activities related thereto, including an apartment in a horizontal property regime or other condominium.
(ii) Occupancy either by the person or members of his or her family. A single act shall not establish a person as an owner-occupant if such person permits exclusive occupancy by other than members of his or her family for other than temporary purposes thereby negating his or her intent to reside in the dwelling primarily for use as his or her home.
B. No lien provided for in this article shall be allowed or recorded by the person claiming a lien against the dwelling of a person who became an owner-occupant prior to the construction, alteration, repair or improvement, except by a person having executed in writing a contract directly with the owner-occupant.
C. Any provision of an agreement made or entered into by an owner-occupant which waives the provisions of this section is void.
A. Every owner of land, including any person who has a legal or equitable interest therein, who enters a contract requiring any person to perform labor or professional services or to furnish materials, machinery, fixtures or tools in the construction, alteration or repair of any building, or other structure or improvement on such land, may avoid the lien provisions of § 33-981 pertaining to agents by requiring the person with whom he contracts to furnish a payment bond. Upon recordation of the payment bond together with a copy of such contract in the office of the county recorder, in the county in which the land is located, no lien shall thereafter be allowed or recorded by the person claiming a lien against the land on which the labor or professional services are performed or the materials, machinery, fixtures or tools furnished, as provided in this article, except by the person who contracts, in writing, directly with the owner.
B. A payment bond furnished pursuant to subsection A of this section shall be in the amount and form prescribed by title 34, chapter 2, article 2.1 The contract recorded with the bond shall contain a legal description of the land on which the work is being or is to be performed.
C. The bond provided for in this section shall be executed solely by one or more surety companies holding a certificate of authority to transact surety business in this state issued by the director of the department of insurance pursuant to title 20, chapter 2, article 12 and shall be accompanied by a power of attorney disclosing the authority of the person executing the same on behalf of the surety. Notwithstanding any other statute, the bond shall not be executed by an individual surety or sureties, even if the requirements of § 7-101 are satisfied.
D. The county recorder of the county in which the bond and contract are recorded shall index the bond and contract under the index classification in which mechanics’ and materialmen’s liens are recorded.
A. After perfection of a lien pursuant to this article, an owner, including any person who has a legal or equitable interest in the land which is subject to the lien, a contractor, subcontractor, mortgagee or other lien creditor, may, either before or after the commencement of an action to foreclose such lien, cause to be recorded in the office of the county recorder, in the county in which the land is located, a surety bond in the form described in subsection B of this section, together with a power of attorney disclosing the authority of the person executing the same on behalf of the surety. Upon the recordation of such bond, the property shall be discharged of such lien whether or not a copy of the bond is served upon the claimant or he perfects his rights against the bond.
B. A surety bond to discharge a lien perfected under this section shall be executed by the person seeking to discharge such lien, as principal, and by a surety company or companies holding a certificate of authority to transact surety business in this state, issued by the director of the department of insurance pursuant to title 20, chapter 2, article 1.1 The bond shall be for the sole protection of the claimant who perfected such lien. Notwithstanding any other statute, the surety bond shall not be executed by individual surety or sureties, even if the requirements of § 7-101 are satisfied. The bond shall be in an amount equal to one hundred fifty per cent of the demand set forth in and secured by the notice and claim of lien and shall be conditioned for the payment of the judgment which would have been rendered against the property for the enforcement of the lien. The legal description of the property and the docket and page of the lien sought to be discharged shall be set forth in the bond.
C. The principal on such bond, upon recordation thereof with the county recorder, shall cause a copy of the bond to be served within a reasonable time upon the lien claimant, and if a suit is then pending to foreclose the lien the claimant, within ninety days after receipt thereof shall cause proceedings to be instituted to add the surety and the principal as parties to the lien foreclosure suit. In addition, on recording and service of the surety bond, any monies withheld in response to a stop notice or bonded stop notice that is served by the lien claimant pursuant to article 9 of this chapter2 with respect to the same labor and material described in the notice and claim of lien shall be released promptly.
1. The failure of the lien claimant to commence a suit within the time allowed pursuant to § 33-998.
2. Failure of the lien claimant to name the principal and sureties as parties to the action seeking foreclosure of the lien if a copy of the bond has been served upon claimant. If the bond is served upon the claimant within less than ninety days from the date claimant would be required to commence his action pursuant to § 33-998, the claimant shall have ninety days from the date he receives a copy of such bond to add the principal and the sureties as parties to the lien foreclosure suit.
3. The dismissal of the foreclosure suit with prejudice as to the claimant or the entry of judgment in such suit against claimant.
E. In an action to foreclose a lien under this article, where a bond has been filed and served as provided herein, a judgment for the claimant on the bond shall be against the principal and his sureties for the reasonable value of the labor and material furnished and shall not be against the property. A judgment for the claimant on the bond, including any recovery for interest, expenses, costs and attorney fees awarded by the court, shall not exceed the penal sum of the bond. If the amount the claimant recovers exceeds the penal sum of the bond, the claimant shall also be entitled to judgment against the principal for the excess amount.
F. In the event a copy of the bond is not served upon the claimant as provided in subsection C of this section, the claimant shall have six months after the discovery of such bond to commence an action thereon, except that no action may be commenced on such bond after two years from the date it was recorded as provided in this section.
G. The county recorder of the county in which the bond and contract are recorded shall index the bond and contract under the index classification in which mechanics’ and materialmen’s liens are recorded.
Monies paid by or for an owner-occupant as defined in § 33-1002 to a contractor, as defined in § 32-1101, as payment for labor, professional services, materials, machinery, fixtures or tools for which a lien is not provided in this article shall be deemed for all purposes to be paid in trust and shall be held by the contractor for the benefit of the person or persons furnishing such labor, professional services, materials, machinery, fixtures or tools. Such monies shall neither be diverted nor used for any purpose other than to satisfy the claims of those for whom the trust is created and shall be paid when due to the person or persons entitled thereto. The provisions of this section shall not affect other remedies available at law or in equity.
A. When any lien established by the provisions of this article has been satisfied, the lienholder shall, within twenty days after satisfaction, issue a release of the lien.
B. When any lien prohibited to be filed against the dwelling of an owner-occupant as defined in § 33-1002 has been recorded, the person claiming the lien shall, within twenty days of the written request of the owner-occupant, issue a release of the lien.
C. The release issued pursuant to this section shall be in document form as specified in § 11-480. Failure to grant such a release shall subject the lienholder or person to liability in the amount of one thousand dollars and also to liability for actual damages.
In this article, unless the context otherwise requires, “professional services” means architectural practice, engineering practice or land surveying practice as defined in § 32-101.
A. An owner or contractor by any term of their contract, or otherwise, may not waive or impair the claims or liens of other persons whether with or without notice except by their written consent or as prescribed by § 33-1003. Any term of the contract to that effect shall be void. Any written consent given by any claimant pursuant to this section is unenforceable unless the claimant executes and delivers a waiver and release. This waiver and release is effective to release the property for the benefit of the owner, the construction lender, the contractor and the surety on a payment bond from claims and liens only if the waiver and release follows substantially one of the forms set forth in this section and is signed by the claimant or his authorized agent, and, in the case of a conditional release, if there is evidence of payment to the claimant. Evidence of payment may be by the claimant’s endorsement on a single or joint payee check that has been paid by the bank on which it was drawn or by written acknowledgment of payment given by the claimant.
B. No oral or written statement purporting to waive, release or otherwise adversely affect a claim is enforceable or creates any estoppel or impairment of a claim unless it is pursuant to a waiver and release prescribed by this section or the claimant had actually received payment in full for the claim.
C. This section does not affect the enforceability of either an accord and satisfaction regarding a bona fide dispute or any agreement made in settlement of an action pending in any court provided the accord and satisfaction or agreement and settlement make specific reference to the mechanic’s lien or bond claims.
On receipt by the undersigned of a check from __________(Maker of Check) in the sum of $__________(Amount of Check) payable to __________(Payee or Payees of Check). And when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic’s lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned’s position that the undersigned has on the job of __________(Owner) located at __________(Job Description) to the following extent. This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite or to __________(Person with whom undersigned contracted), through __________(Date) only and does not cover any retention, pending modifications and changes or items furnished after that date. Before any recipient of this document relies on it, that person should verify evidence of payment to the undersigned.
The undersigned warrants that he either has already paid or will use the monies he receives from this progress payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.
The undersigned has been paid and has received a progress payment in the sum of $____________ for all labor, services, equipment or material furnished to the jobsite or to __________(Person with whom undersigned contracted) on the job of __________(Owner) located at __________(Job Description) and does hereby release any mechanic’s lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned’s position that the undersigned has on the above referenced project to the following extent. This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite or to __________(Person with whom undersigned contracted) through __________(Date) only and does not cover any retentions, pending modifications and changes or items furnished after that date. The undersigned warrants that he either has already paid or will use the monies he receives from this progress payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.
Notice: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form.
On receipt by the undersigned of a check from __________(Maker of Check) in the sum of $__________(Amount of Check) payable to __________(Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic’s lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned’s position, the undersigned has on the job of __________(Owner) located at __________(Job Description). This release covers the final payment to the undersigned for all labor, services, equipment or materials furnished to the jobsite or to __________(Person with whom undersigned contracted), except for disputed claims in the amount of $_________. Before any recipient of this document relies on it, the person should verify evidence of payment to the undersigned.
The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.
The undersigned has been paid in full for all labor, services, equipment of material furnished to the jobsite or to __________(Person with whom undersigned contracted), on the job of __________(Owner) located at __________(Job Description) and does hereby waive and release any right to mechanic’s lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned’s position, except for disputed claims for extra work in the amount of $___________.
The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project.
This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form.