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HomeMy WebLinkAbout98-01404 H i , j ... 4 ~ ~ ~ , , \, \ I \ ! I ~ <:) ':>.' 'I, -~.. ';":,.;,;..... r .'t;.......':...~.-..........~ ... ..... (") _0 ~ ~ U) -" --, riltf; fT1 -r. o:J .Ii ;1l ;-~ :.n -ol" -;-... C" :.39 iii .:':~ III ---<.'" --t~t GO -0 :r::i:I :"'8 ~ 0-- z- f5R, ~( - c: .. -I Z 0 ~ ~ (XI .' ,. Andrew C. Sheely, Esquire Attorney for Plaintiff P.o. Box 95 Mechanicsburg, PA 17055 James E. Ellison, Esquire Attorney for Defendant Rhoads & Sinon, LLP P.O. Box 1146 Harrisburg, PA 17101 ,". BY THE COURT, 2 , J. (') \.0 0 C t.O -n ~. .." '.. "f:! -uf-:-j rfl rr:;-, 1 UJ ill~ ?"; :1 ~ .~J~ i}, ~.._~ '.0 -n .--~ .J f:-..i:"; '=:JU ~~ :B ~;I.J -'5 '".h 0': l-) 'SrTI ~.r'_-: - .. :;;! ~ => :0 (11 '< 0'\ " CLIMATE CONTROL II, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA 9B - 1404 MLD SMITH LAND & IMPROVEMENT CORPORATION, CIVIL ACTION - LAW Defendant ACTION ON MECHANICS LIEN JOINT MOTION FOR DISBURSEMENT OF LIEN PROCEEDS plaintiff, Climate Control II, Inc., by and through counsel of Andrew C. Sheely, Esquire, and Defendant, Smith Land & Improvement Corporation, by and through James E. Ellison, Esquire, of Rhoads and Sinon, LLP, hereby file this Joint Motion for disbursement of liens proceeds and respectfully states as follows: 1. Plaintiff, Climate Control II, Inc. And Defendant, Smith Land & Improvement Corporation, have resolved various disputes raised in the above-captioned matter. 2. Climate Control II, Inc. and Smith Land & Improvement Corporation agree that all funds deposited with the Prothonotary of Cumberland County pursuant to Order of Court dated March 20, 199B, including the accumulated interest thereon, after deduction of all poundage and other charges required by the Prothonotary, shall be paid to plaintiff, Climate Control, II, Inc., through its attorney, Andrew C. Sheely, Esquire 3. Counsel for Plaintiff shall mark this matter settled and discontinued, with prejudice, within ten (10) days after the payments have been made and distributed by the Prothonotary to " MUTUAL RELEASE AND WAIVER OF LIENS AND CLAIMS BY AND BETWEEN CLIMATE CONTROL II, INC. AND SMITH LAND & IMPROVEMENT CORPORATION THIS IS A MUTUAL RELEASE AGREEMENT and is made this L day of February, 1999, by and between, CLIMATE CONTROL II, INC. and SMITH LAND & IMPROVEMENT CORPORATION, and the Parties hereto, intending to be legally bound, hereby confirm and agree as follows: BACKGROUND WHEREAS, CLIMATE CONTROL II, INC., a subcontractor, entered into a contract with R. E. GRANT CO., I NC., a general contractor, for owner, SMITH LAND & IMPROVEMENT CORPORATION, on or about July 14, 1997 to provide materials and provide labor necessary for construction associated with heating and air condition ventilation systems (HVAC), gas distribution and p~p~ng systems, duct work and components upon all that certain real estate with improvements thereon located at the West Shore Plaza, Borough of Lemoyne, Cumberland County Pennsylvania, Tax Parcel Number 12-21-0269-034, as more particularly described in Cumberland County Deed Book 15, VOl."P", page 518, hereinafter referred to as the "Premises"; and WHEREAS, the Premises is owned by SMITH LAND & IMPROVEMENT CORPORATION; and WHEREAS, CLIMATE CONTROL II, INC. furnished materials and services with respect to the Premises for the benefit of SMITH LAND & IMPROVEMENT CORPORATION; and WHEREAS, CLIMATE CONTROL II, INC., served a preliminary ....1 .. notice and formal notice of intention to file a Mechanics' Lien Claim upon SMITH LAND & IMPROVEMENT CORPORATION, for the sum of $7,262.50, with lawful interest, for amounts allegedly due CI.IMATE CONTROL II, INC.; and WHEREAS, CLIMATE CONTROL I I, INC. filed a mechanics' lien claim against SMITH LAND & IMPROVEMENT CORPORATION on or about March 13, 1998, docketed to 9B - 1404 MLD in the Court of Common Pleas of Cumberland County, pennsylvania; and WHEREAS, an amount of $7,262.50 (hereinafter referred to as "Deposit") was deposited on behalf of SMITH LAND & IMPROVEMENT CORPORATION with the prothonotary's Office of Cumberland County so as to discharge the lien as it attached to the Premises; and WHEREAS, CLIMATE CONTROL I I, INC., a subcontractor, filed a Complaint upon its mechanics' lien claim against SMITH LAND & IMPROVEMENT CORPORATION, Owner, on or about August 4, 1998; and WHEREAS, SMITH LAND AND IMPROVEMENT CORPORATION filed preliminary objections to CLIMATE CONTROL I I, INC.' S Complaint upon its Mechanic's lien claim on or about August 25, 1998; and WHEREAS, an approximate amount of $7,513.34 presently exists in the escrow at the Cumberland County courthouse, an amount which represents $250.84 of accumulated interest; and WHEREAS, CLIMATE CONTROL II INC. and SMITH LAND & IMPROVEMENT CORPORATION desire to mutually resolve all disputes arising out of, or in connection with the above-docketed matter, the amount deposited with the prothonotary and the Premises, or with the appurtenances thereto, by reason of the materials 2 ~ " CLIMATE CONTROL II, INC. and SMITH LAND & IMPROVEMENT CORPORATION, acknowledge and agree that the mutual releases contained herein are specifically contingent upon CLIMATE CONTROL II, INC,'S discontinuing the civil (MLD) Action with prejudice as set forth herein. c. CLIMATE CONTROL, II, INC. and SMITH LAND & IMPROVEMENT CORPORATION for themselves and any person or entity claiming by, through, from or under either of them, including their respective officers, shareholders, directors, heirs, personal representatives and assigns, each hereby release, and agrees to indemnify, defend and hold harmless the other, and their respective officers, shareholders, directors, heirs, personal representatives, agents and assigns, for, against and from any and all actions, matters of action, causes of action, suits, proceedings, debts, agreements, obligations, claims, rights, rights of contribution or indemnification, accounts, demands, damages, losses, costs, charges, expenses, compensation and fees (including attorneys' fees), and claims and liabilities of any nature whatsoever whether at law or in equity, known and unknown, foreseen and unforeseen or unforeseeable, direct or indirect, arising from or in connection with the Premises, the Deposit and the civil (MLD) Action which arose or accrued or which arises or accrues at any time before, on or after the date of this Agreement as a result or consequence or in connection with any action or failure to act by either of them whether intentional or negligent. d. THIS REI.EASE is intended to be and should be interpreted to be a release in the broadest and fullest sense. It is further agreed and understood that the .1 I' ~ I ~ 4 ..' {.:"/' \, \,~l.',:/Y;t,;". " . "j, . '. j ,"'1\ '.... .: ',: '. ~.,~ .: . '\ :.;-,:.;. " " " :.\ ;. .. 1 ,. ~. . '. . " . f.... ..,",.~.O-,,""..*.... ....._.....-.~_.._... .-.'....."'."1 \ ;...y; :......v~(:~~ ; .....f;lt.t.).~ .(....n.'''''';- ~,....-:f,t:. i " ~'l ....:. ~.,:.'...d".\ 'l.~."'-! \,"ot'F;;.,-.n,l','f;>.>. j ~';\:l...!l ,~,'.y.\t1,i:.., P,~.tl.tr,,,'.;J ,M "\ ~,'"'''._''''' .._._....-.........~.._..~,-..-.. -. ....-., .-. ~ (') .0 !fl c ,,;. s: -., [pm r., :;J Ipl U~ i~;,~ z.o ;;.:s: ~'l" ~,,;:; ':0 ;-ll? l r-"c'~ ~=lc) 0< - -0 :?;C) ::'1; ::!-~f ~t.~ S..'f5 .Pc': orn Z -~ ~ c- ~ .. X ,~. .' CLIMATE CONTROL, II, INC., Plaintiff IN TI-IE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v. SMITH LAND & IMPROVEMENT CORPORATION, Defendant 98-1404 MLD IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HOFFER. P.L and OLER. J. ORDER OF COURT AND NOW, this ~~/Jday of December, 1998, after careful consideration of Defendant's Preliminary Objections to Plaintiffs Complaint, and the briefs and oral arguments presented in the matter, and for the reasons stated in the accompanying opinion, Defendant's Preliminary Objections to the Plaintiffs Complaint are DENIED. BY THE COURT, {. c) ',:"J 0 C'; .:J ., . ~ ...., ..,. u, J;; ,-, . r~ ~g Andrew C. Sheely, Esq. ,"" ,.....) ...ill 127 Market Street (-< .': l~.. ,:r~ r " ;; Mechanicsburg, PA 17055 OT:" :-- Attorney for Plaintiff ; ..... ) ~ '-; '':-? (',;jrn :;) ~ .." :ii ,n -< '". Mcchanics' Licn Law sccking thc unpuid portion ofthc contract pricc. On August 25, 1998, Dcfendunt Smith Land tilcd the preliminary o~jections currently be/ore the courl. The preliminary objections challcnge the propriety of a mechanics' lici' complaint in the absence of an extant mcchanics' lien attaching the improved property. DISCUSSION A mechanics' lien claim is a creation of statute and as such is in derogation of the common law.2 "A mechanics' lien is a claim created by law for the pUrpose ofsccuring a priority of payment of the price or value of work performed and materials furnished in erecting or repairing a building or other structure....") While the act is intended to protect those who furnish labor and materials, the mechanics' lien does not addrcss the rights of parties vis-a-vis each other.4 Under the Mechanics' Lien Law, a distinction is made between a "claim" and an "action."5 A "claim" is defined as "a mechanics' lien claim which has been tiled."6 An "action" is defined as "an action to obtain judgment upon a claim."7 2 See Delmont Mech. Sel'vs. v. Kenvel' CO/p., 450 Pa. Super. 666, 677 A.2d 1241 (1996). ) Standard Pennsylvania Practice 2d ~ 105: I (1997). 4 See Matternas v. Stehman, 434 Pa. Super. 255, 642 A,2d 1120 (1994). 5 See Pa. R.C.P. 1651. 6 Pa. R.C.P. 1651(a). 7 Pa. R.C.P. 1651(b). 3 . hriel'at 7. The critical error iathis argumel1l is the conlilsion ol'lhe lien on the property with the elailll filed hy Ihe Plaintif'f: By deposiling adelfuate security with the court, the lie/l is discharged, thereby eradicating a cloud on the tille to the suhjeet property, The c/aim, however, lives on with substituted collateral. in this case, the /hnds deposited with the court in the alllount of $7,262.59, As the claim, in contradistinction to the lien, has not been extinguished, there is no procedural bar to the filing ol'the mechanics' lien complaint in this mailer and, accordingly, Defendant's preliminary objections to the Complaint cannot be sustained. The following order will there/ore be entered: DRDER OF COURT AND NOW, this 23rd day of December, 1998, after careful consideration of Defendant's Preliminary Objections to Plaintiff's Complaint, and the briefs and oral arguments presented in the maller, and tor the reasons stated in the accompanying opinion, Defendant's Preliminary Objections to the Plaintifl"s Complaint are DENIED. BY T/-IE COURT, sl J. Wesley Oler. Jr. J. Wesley Oler, Jr., J. Andrew C. Sheely, Esq. /27 Market Street Mechanicsburg, P A 17055 Allorney for Plaintiff 5 () c'.) n S ~:.:) .n UJ :,:"~ r:'; : ~" :~. ~n "V . I i~:';;' , " i ..,rn i::'~ t:r'\ ,? " I:':: ~ ::..:t~j.) " :.->j ('" " 2,-) , C:'? (~jrn .. :::J :c! ~. J :'.q ..... -. :,1'.:.",.,' I,',.. ! ^<'. ( "', j .' i,'", j~,,! ',I.>.,', ' '," I, ' ; ",':1 Iii ,':....,.;.. Ic;.-:o:."l. 'l,(tl I ;~ 'f",", . ,':;\" )- ~: ,:\ i',' r:' (' f"~:,~; Lt ,.. f.:c'-" I"', ","-, ,;~~ r,. .; '~ CLIMATE CONTROL II, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 98-1404 MLD SMITH LAND & IMPROVEMENT CORPORA TION, MECHANICS' LIEN CLAIM DEFENDANT PRELIMINARY OBJECTIONS TO MECHANICS' LIEN COMPLAINT AND NOW. Defendant, Smith Land & Improvement Corporation, by and through its attorneys, Rhodes & Sinon, LLP and Calkins & Campbell, files the within Preliminary Objections as follows: I. These Preliminary Objections are brought pursuant to section 70 I of the Mechanics' Lien Law of 1963, 49 P.S. ~ 170 I and Pa. R.C.P. No. 1028. 2. On or about March 13, 1998, Subcontractor, Climate Control II, Inc., filed a Mechanics' Lien Claim docketed to No. 98-1404 MLD in the amount of $7,262.59. A true and correct copy of the Mechanics' Lien Claim is attached hereto as Exhibit I. 3. On March 20, 1998, this Court ordered the discharge of the mechanics' lien upon payment by the contractor, RE Grant Company, Inc., of$7,262.59 to the Court. A true and correct copy of the March 20, 1998, Order is attached hereto as Exhibit 2. Page I of 4 4. On or about March 20, 1998, RE Grant Company, Inc. paid $7,262.59 to the Court, discharging the mechanics' lien against Smith Land & Improvement Corporation docketed at No. 98-1404 MLD. 5. On August 4, 1998, Climate Control II, Inc. filed a Complaint against Smith Land & Improvement Corporation based on the discharged mechanics' lien to docket No. 98- 1404 MLD. A true and correct copy of the Complaint is attached hereto as Exhibit 3. 6. On August 5, 1998, the Cumberland County Sheriff served the Complaint on Smith Land & Improvement Corporation. 7. The Mechanics' Lien Complaint is an action in rem against the owner, Smith Land & Improvement Corporation. 8. Climate Control II, Inc. can only invoke this Court's jurisdiction with a Mechanics' Lien Complaint if a valid mechanics' lien exists. 9. The Mechanics' Lien Law of 1963 is to be strictly construed. Delmont Mechanical Services, Inc. II. Kenllel' Corp., 450 Pa.Super. 666, 677 A.2d 1241 (1996). 10. Since the mechanics' lien filed atNo. 98-1404 has been discharged, this Court is without jurisdiction to hear the Mechanics' Lien Complaint, and the Complaint must be dismissed. Rosenberg II. Cuperslllilh, 240 Pa. 162,87 A. 570 (\913). II. The averments in the Complaint against Smith Land & Improvement Corporation indicate that Plaintiffs dispute is for payment of$7,262.50 from the contractor, RE Grant Company, Inc., which is not a party to this action. Page 2 of 4 '". nAR-IB-98 WED 12:11 l B ~nlTH f FAK NO. 717731oJ25 P.OI " '. .,.... ' ok ~.' . " , , . .- CLIHATB CONTROL II, INC., SUbcontractor VI. I IN TRB COURT 0.. COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA : 98 - HLD NO. fi. ,I/O,; /)'/ i..0 ~ I I MECHANICS LIBN CLAIH I I SMITII LAND , IMPROVEMENT CORPORATION, Owner or reputed owner as succe.lor to W!ST SUORB PLAZA, INC. . . MBCRUlIC' S LIB. cr.&IJI Climate Control II, Ioc., Claimant, by and through Counlel ot Andrew C. Sheely, Esquire, hereby tile. this Hechanio's Lien Claim for the sum of Seven Thousand Two Hundred Sixty-Two Dollars and Fifty cents ($7,262.50), together with interest from November 26, 1997, and costs, againlt Smith Land' Improvement Corporation, Ownar, and against improvementl, building, premises, property and the curtilage appurtenant thereto at 240 West Shore Plaza (West Shora Plaza), fOr debt dUe to the Claimant as a subcontraotor for labor and materials furnished by Claimant ae a subcontractor for R.E. Grant Co. Inc., in the erection and construction of the improvements at such premises, and make. the followin9 averments of fact in support of its Claim: 1. The Claimant is Climate Control II, Inc., a Pennsylvania Corporation doinq busines. at 4487 York Road, How Oxford, Pennsylvania. 2. The owner or reputed owner of the property at the time of' furnishing material and labor il Smith Land , Improvement COrporation, a Delaware Corporation with a business address of 2001 State Road, Camp Hill, Cumberland County, Pennsylvania, and a registered address of CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania. nAR-18-9~ WED 13:19 , . , l B' ITH FAK NO. 71 773C,' ,25 ' , . p, 01 .. " , , 3. The improvements and the property which are the Subject of the in.tant claim are at a newly constructed CVS Pharmacy and oommercial bu. in... Itore located the Weet Shore Plaza, described as Tax Parcel Number 12-21-0269-034 and Deed Book 15 Volume "P- paqa 518, all as more partioularly desoribed in the full legal description Which i. attached hereto as Bxhibit MA- and incorporated in this paragraph as if set forth at length. The Owner, Smith Land' Improvement Corporation is the succelsor to west Shore Plaza, Inc. 4. Th. labor and lIIahriall for whioh the debt iB due were furnished by the Claimant for the agreed upon sum of $41,225.00 pursuant to a written COntract dated July 14, 1997, and additional change ordars in the amount of $3,140.00, with R.E.Grant. Co. Inc., who contracted directly with the OWner, Smith Land, Improvement Corporation, A copy of the written oontract, and invoice for change orders, between the Claimant and the Contractor, lire attached hereto as Exhibit "B". 5. The labor and materials furnished by Claimant under thil contract consisted of heating IInd air condition ventilation SYBtems (BVAe), gas distribution and piping systems, duct work, diffusers, dampers, returns and componento to said property, existing structures, buildingl and illlprovllIIII!Ints thereon. 6. At the request of the Contractor, the Claimant performed an additional amount of Change Orderl in the amount of $3,140.00, which amount iB Bet apart as fo11OWI: a. Labor I 44 3/4 man hours for demolition and removal of ductwork (stock area), installation of new i I' ~, " Ii. II:' ~ , '. '1 2 1 'nAR-IB-ga WED 12:IB l B :i~ITH FAK NO. 717731od25 P.OI .', '. . . . '. ductwork, fire damper. (pharmacy area) $1,119.06; and b. Materials 15 .heet. ot 4 · 8 teet sheet metal $270.00; and c. Labor Fabrication of sheet _tal requiring 12 hours 8 $300.00: and d. Hateriall Fire Dampers 8 $80.94: and e. Material. Ceiling Unit Lennox, gas line, connections, chimney . $841. 00; and t. Labor Installation of Ceiling unit and related items 8 289.00.lI.nd Reclaiming freon frOll\ BVAC unit' 240.00, all as 9'. Labor more specifically set forth in the Application and Certificate for Payment dated November 21, 1997, invoice dated July 15, 1997 and the fax d&ted OCtober 27, 1997 attached hereto as Exhibit M8-. 6. Claimant has besn paid a total of $37,102.50 from contractor. 7. A remaining amount of $7,262.50 remains due and OWing for which a claim is here made. 8. Claimant substantially completed his work on or about November 26, 1997, which is less than four (4) months before filing this claim. 9. Written formal notice of the claimant's intention to file this claim was served on the Owner by certified mail and regular mail on or about February 3, 1998 and February 5, 1998, at the regular place of businels and registered address of the Owner, respectively, aB'indicated by the return receipt cards attached the Formal Notice marked aB Exhibit "e". 10. Written preliminary notice of the Claimant's intention to fila 3 nAR-IB-98 WED 12:18 l B ~nlTH FAK NO. 717731oJ25 P,02 to o. . . thia claim wa. ..rved on the owner by certified mail and regular mail on or about January 5, 1998 and January 8, 19'8, at the regular place of buline.1 and regiltered addre.. ot the owner, relpectively, as indicated by the return receipt cardl attached the Preliminary Notice marked BS Ixhibit MD-. 11. Copies of the Pormal Notice of Intent and Preliminary Notice of Intent were al.o provided to the Contractor BI indicated by the copie. of the return receipt cardl attached hereto a. Ixhibit NI_. 12. The Contractor, R.E. Grant, Co. Ino., by and through Rosemary I. Grant, President, caused to be publicly filed a Waiver ot Lien Agreement dated July 1, 1997,'siqned on Augult 1, 1997 and recorded on January 5, 1998 in the office of the prothonotary of Cumberland County. A oopy of the Waiver of Lien Agreement is attached hereto as Exhibit NPN. 13. The Waivar of Lien Agreement purportedly includes the eignature of the 'OWner, smith Land' Improvement Corporation, (incorrectly indicated as L.B. Smith Land & Improvoment Inc.) and the signature of the contraotor, R.B. Grant co., Inc., by Rosemary B. Grant, President. 14. The waivwr of Lien Agreement was filed well after the work whioh is the subject of thil Claim was completed by Claimant and i. therefore invalid. 15. No defense of a Waiver of Liens is available as a defense for 0 the Owner. 4 ,". IrBIE'CIE~V~ AUG - 6 1998 --------------- CLIMATE CONTROL II, INC., . . Plaintiff : . . VS. . . : SMITH LAND & IMPROVEMENT . . CORPORATION, : Defendant . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA g ~ ~ ~ ~ ~~ CIVIL ACTION - LAW ~s; G f7, ( ~ ~ ACTION ON MECHANICS LIEte',~~;'J' "" . ~_ ~ "'1:l 6~ i:0 :;lI: ~...~ ~9 N '-' Y-.., ... ~ ~ ~ ~ 98 - 1404 MLD HOT I C II: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief' requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA (717) 249..3166 1-800-990-9108 By /),~ (I., ~ ANDREW C. SHEELY, Esquire P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 (717) 697-7050 Pat 1.0. No. 62469 Attorney for Plaintiff I , 'I ;' , " ! 'i. CLIMATE CONTROL II, INC., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 98 - 1404 MLD : CIVIL ACTION - LAW : ACTION ON MECHANICS LIEN vs. SMITH LAND & IMPROVEMENT CORPORATION, COMPLAIN~ Climate Control II, Inc., Plaintiff, by and through Andrew C. Sheely, Esquire, hereby files this Complaint in the nature of an action on a mechanic's lien claim and in support thereof respectfully states as follows: 1. Plaintiff is Climate Control II, Inc., a Pennsylvania domestic Corporation doing business at 4487 York Road, New Oxford, Adams County, Pennsylvania. 2. Defendant Smith Land & Improvement Corporation is a Delaware Corporation with a business address of 2001 State Road, Camp Hill, Cumberland County, Pennsylvania, with a registered address of CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania. 3. Defendant Smith Land & Improvement Corporation is the owner of the area commonly referred to as the West Shore Plaza, more specifically described as Tax Parcel Number 12-21-0269-034 and ALL THAT CERTAIN lot of land situate in the County of Cumberland and Commonweal th of particularly bounded and described as follows, to Borough of Lemoyne, Pennsylvania, more wit: BEGINNING at a stake, said stake being on the south side of Market Street and on the line of the Borough of Camp Hill; thence along the south side of Market Street North seventy (70)degrees twenty (20)minutes East a distance of seven hundred sixty-four and three-tenths (764.3)feet to a pin at other lands of L.B. Smith, Inc.; thence by the same South nineteen (19) degrees forty (40) minutes East a distance of three hundred eighty-six and ninety-one one hundredths (386.91) feet to a pin; thence by the same South thirty-six (36) degrees forty-eight (48) minutes East a distance of six hundred thirteen (613.00) feet to a pin on tile North side of the Gettysburg Pike, Pennsylvania U.S. Route 15; thence by the same South fifty-three (53) degrees seventeen (17) minutes West a distance of one hundred forty-four and twenty-eight one-hundredths (144.28) feet to a stake; thence by the same South fifty-eight (58) degrees fourteen (14) minutes West a distance of four hundred seventy-seven and thirteen one-hundredths (477.13) feet to a stake at the Camp Hill Borough line; thence by the same North thirty-six (36) degrees thirty-nine (39) minutes West a distance of eleven hundred sixty-five and ninety-one one-hundredths (1165.91) feet to a stake at the place of BEGINNING. CONTAINING 16.09 acres. BEING part of the same premises which L.B. Smith, Inc., by its Deed dated February 11, 1954 and recorded March 9, 1954 in the Office of the Recorder of Deeds for Cumberland County in Deed Book P, Vol. 15, Page 518 granted and conveyed unto West Shore Plaza, Inc. 4. Defendant Smith Land & Improvement Corporation is the successor corporation to the West Shore plaza, Inc. 5. On or about July 14, 1997, plaintiff, a subcontractor, and R.E. Grant Co. Inc., a contractor, entered into an abbreviated form of Agreement concerning certain work, materials and labor to be porformed by Plaintiff at Defendant's Smith Land & Improvement's construction site located at the West Shore Plaza in the Borough of Lernoyne, Cumberland County, Pennsylvania. 6. The abbreviated 'from of Agreement provided that Plaintiff would be paid an amount of $41,225.00 for furnishing and installing a heating and air conditioning system in accordance with specific plans, layouts and drawings submitted by Defendant Smith Land & Improvement Corporation and its agents. 2 .' 7. A copy of the abbreviated form of Agreement is attached hereto as Exhibit "A". 8. The abbreviated form of Agreement was prepared by the General Contractor, R.E. Grant, Co., Inc. for the benefit of Defendant Smith Land & Improvement Corporation. 9. After the execution of the July 14, 1997 abbreviated form of Agreement, R.E. Grant Co. Inc. requested and Plaintiff performed additional change orders for the benefit of Defendant Smith Land & Improvement Corporation. 10. The amount of the change orders equals $3,140.00 and copies of the invoices for change orders are attached hereto as Exhibit "B". 11. At the request of Contractor R.E. Grant Co. Inc., Plaintiff performed an additional amount of Change Orders in the amount of $3,140.00, which amount is set apart as follows: a. Labor, consisting of 44 3/4 man hours for demolition and removal of ductwork (stock area), installation of new ductwork, fire dampers (pharmacy area) in an amount of $1,119.06; and b. Materials, consisting of 15 sheets of 4' * 8' feet sheet metal in an amount of $270.00; and c. Labor, consisting of fabrication of sheet metal requiring 12 hours in an amount of $300.00; and d. Materials, consisting of fire dampers in amount of $80.94; and 3 e. Materials consisting of a Lennox ceiling Unit, gas line, connections and chimney at an amount of $841.001 and f. Labor consisting of installing ceiling unit and related items in an amount of $289.001 and g. Labor consisting of reclaiming freon from HVAC unit @ 240.00. 12. To date, plaintiff has been paid a total of $37,102.50 from R.E. Grant, Co., Inc. 13. An amount of $7,262.50 remains due and owing to Plaintiff. COUNT II ACTION ON MECHANIC'S LIEN CLAIM 14. paragraphs 1 through and including 13 are incorporated herein as if set forth at length. 15. plaintiff substantially completed all required and requested work on or about November 26, 1997. 16. Within (4) months, plaintiff filed with the Office of the prothonotary for the Court of Common pleas of Cumberland County a claim of mechanic's lien on the above-described real property and. improvements thereon. A copy of the claim is attached hereto as Exhibit "C". 17. On or about March 18, 1998, Contractor R.E. Grant Co., Inc. petitioned the Cour.t of Common pleas of Cumberland county, Pennsylvania to discharge the Mechanic's lien claim filed and docketed to No. 98 - 1404 MLD in the Court of Common Pleas of 4 Cumberland County as it attached to property of Defendant Smith Land & Improvement Corporation. 18. By Order of Court dated March 20, 1998, Judge J. Wesley Oler, Jr., upon payment of $7,262.50 by R.E. Grant Co., Inc., discharged the mechanics lien claim as it attached to the property of Defendant Smith Land & Improvement Corporation. 19. Plaintiff substantially completed all required work as contemplated by the abbreviated form of Agreement prepared by R.E. Grant Co. Inc. and change orders requested by R.E. Grant Co., Inc., all for the benefit of Defendant Smith Land & Improvement Corporation. 20. Plaintiff completed all required work in a quality and workmanlike manner as required by the abbreviated form of Agreement prepared by R.E. Grant Co. Inc. and change orders requested by R.E. Grant Co., Inc., all for the benefit of Defendant Smith Land & Improvement Corporation. 21. R.E. Grant Co. Inc., contractor for Defendant Smith Land & Improvement Corporation, failed to comply with the terms of abbreviated form of Agreement dated July 14, 1997 and all change orders requested thereunder. 22. Plaintiff has repeatedly demanded the amount of $7,262.50 from R.E. Grant Co. Inc. and Smith Land & Improvement Corporation. 23. Defendant Smith Land & Improvement Corporation and its agent R.E. Grant Co. Inc. have continually refused to pay Plaintiff the 5 '~. amount of $7,262.50. 24. At all relevant times hereto, R.E. Grant Co., Inc. was acting as agent and general contractor for Defendant Smith Land & Improvement Corporation. 25. By reason of R.E. Grant Co. Inc's request for performance of services and providing of goods from plaintiff for the benefit of Defendant Smith Land & Improvement Corporation, Defendant Smith Land & Improvement Corporation impliedly promised to pay the reasonable and necessary charges for such services. 26. As a direct and proximate result of Defendant Smith Land & Improvement Corporation's refusal to pay the reasonable value of Plaintiff's services, supplies and equipment from which Defendant benefitted, Defendant Smith Land & Improvement Corporation has been unjustly enriched in the amount of in the amount of $7,262.50 WHEREFORE, plaintiff, Climate Control II, Inc., respectfully requests that this Honorable Court enter judgement against Defendant Smith Land & Improvement Corporation. in the amount of $7,262.50, together with interest from November 2, 1997, costs of the suit and for such other relief as may be just and equitable, all in an amount which does not exceed compulsory DATE: July~1 , 199R arbitration. ~ (l,'I\i.J_ Andrew C. Sfi~~~cEsquire Attorney for Plaintiff Climate Control II, Inc. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7065 6 . ' ,'t' . . " VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.e.s. Sectj,on 4904 relating to unsworn falsification to authorities. Date: JU1Y31, 1998 CLIMATE CONTROL II, INC., Pllintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 98 - 1404 MLD SMITH LAND & IMPROVEMENT CORPORATION, CIVIL ACTION - LAW ACTION ON MECHANICS LIEN Defendant COMPLAINT Climate Control II, Inc., Plaintiff, by and through Andrew C. Sheely, Esquire, hereby files this Complaint in the nature of an action on a mechanic's lien claim and in support thereof respectfully states as follows: 1. Plaintiff is Climate Control II, Inc., a Pennsylvania domestic Corporation doing business at 4487 York Road, New Oxford, Adams County, Pennsylvania. 2. Defendant Smith Land & Improvement Corporation is a Delaware Corporation with a business address of 2001 State Road, Camp Hill, Cumberland County, Pennsylvania, with a registered address of CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania. 3. Defendant Smith Land & Improvement Corporation is the owner of the area commonly referred to as the West Shore Plaza, more specifically described as Tax Parcel Number 12-21-0269-034 and ALL THAT CERTAIN lot of land situate in the County of Cumberland and Commonwealth of particularly bounded and described as follows, to Borough of Lemoyne, Pennsylvania, more wit: BEGINNING at a stake, said stake being on the south side of Market Street and on the line of the Borough of Camp Hill; thence along the south side of Market Street North seventy (70) degrees twenty (20 )minutes East a distance of seven hundred sixty-four and three-tenths (764.3)feet to a pin at other lands of L.B. Smith, Inc.; thence by the same South nineteen (19) degrees forty (40) minutes .... East a distance of three hundred eighty-six and ninety-one one hundredths (386.91) feet to a pin; thence by the same South thirty-six (36) degrees forty-eight (48) minutes East a distance of six hundred thirteen (613.00) feet to a pin on tile North side of the Gettysburg Pike, Pennsylvania U.S. Route 15; thence by the same South fifty-three (53) degrees seventeen (17) minutes West a distance of one hundred forty-four and twenty-eight one-hundredths (144.28) feet to a stake; thence by the same South fifty-eight (58) degrees fourteen (14) minutes West a distance of four hundred seventy-seven and thirteen one-hundredths (477.13) feet to a stake at the Camp Hill Borough line; thence by the same North thirty-six (36) degrees thirty-nine (39) minutes West a distance of eleven hundred sixty-five and ninety-one one-hundredths (1165.91) feet to a stake at the place of BEGINNING. CONTAINING 16.09 acres. BEING part of the same premises which L.B. Smith, Inc., by its Deed dated February 11, 1954 and recorded March 9, 1954 in the Office of the Recorder of Deeds for Cumberland County in Deed Book P, Vol. 15, Page 518 granted and conveyed unto West Shore Plaza, Inc. 4. Defendant Smith Land & Improvement Corporation is the successor corporation to the West Shore Plaza, Inc. 5. On or about July 14, 1997, Plaintiff, a subcontractor, and R.E. Grant Co. Inc., a contractor, entered into an abbreviated form of Agreement concerning certain work, materials and labor to be performed by Plaintiff at Defendant's Smith Land & Improvement's construction site located at the West Shore Plaza in the Borough of Lemoyne, Cumberland County, pennsylvania. 6. The abbreviated from of Agreement provided that Plaintiff would be paid an amount of $41,225.00 for furnishing and installing a heating and air conditioning system in accordance with specific plans, layouts and drawings submitted by Defendant Smith Land & Improvement Corporation and its agents. 2 7. A copy of the abbreviated form of Agreement ia attached hereto as Exhibit "A". B. The abbreviated form of Agreement was prepared by the General Contractor, R.E. Grant, Co., Inc. for the benefit of Defendant Smith Land & Improvement Corporation. 9. After the execution of the July 14, 1997 abbreviated form of Agreement, R.E. Grant Co. Inc. requested and Plaintiff performed additional change orders for the benefit of Defendant Smith Land & Improvement Corporation. 10. The amount of the change orders equals $3,140.00 and copies of the invoices for change orders are attached hereto as Exhibit "B". 11. At the request of Contractor R.E. Grant Co. Inc., Plaintiff performed an additional amount of Change Orders in the amount of $3,140.00, which amount is set apart as follows: a. Labor, consisting of 44 3/4 man hours for demolition and removal of ductwork (stock area), installation of new ductwork, fire dampers (pharmacy area) in an amount of $1,119.06; and b. Materials, consisting of 15 sheets of 4' * 8' feet sheet metal in an amount of $270.00; and c. Labor, consisting of fabrication of sheet metal requiring 12 hours in an amount of $300.00; and d. Materials, consisting of fire dampers in amount of $80.94; and 3 e. Materials consisting of a Lennox Ceiling Unit, gas line, connections and chimney at an amount of $841.00; and f. Labor consisting of installing ceiling unit and related items in an amount of $289.00; and g. Labor consisting of reclaiming freon from HVAC unit @ 240.00. 12. To date, Plaintiff has been paid a total of $37,102.50 from R.E. Grant, Co., Inc. 13. An amount of $7,262.50 remains due and owing to Plaintiff. COUNT I: ACTION ON MECHANIC'S LIEN CLAIM 14. Paragraphs 1 through and including 13 are incorporated herein as if set forth at length. 15. Plaintiff substantially completed all required and requested work on or about November 26, 1997. 16. Within (4) months, Plaintiff filed with the Office of the Prothonotary for the Court of Common Pleas of Cumberland County a claim of mechanic's lien on the above-described real property and improvements thereon. A copy of the claim is attached hereto as Exhibit "C". 17. On or about March 18, 1998, Contractor R.E. Grant Co., Inc. petitioned the Court of Common Pleas of Cumberland County, Pennsylvania to discharge the Mechanic's lien claim filed and docketed to No. 98 - 1404 MLD in the Court of Common Pleas of 4 Cumberland County as it attached to property of Defendant smith Land & Improvement corporation. 18. By Order of Court dated March 20, 1998, Judge J. Wesley Oler, Jr., upon payment of $7,262.50 by R.E. Grant Co., Inc., discharged the mechanics lien claim as it attached to the property of Defendant Smith Land & Improvement Corporation. 19. Plaintiff substantially completed all required work as contemplated by the abbreviated form of Agreement prepared by R.E. Grant Co. Inc. and change orders requested by R.E. Grant Co., Inc., all for the benefit of Defendant Smith Land & Improvement corporation. 20. Plaintiff completed all required work in a quality and workmanlike manner as required by the abbreviated form of Agreement prepared by R.E. Grant Co. Inc. and change orders requested by R.E. Grant Co., Inc., all for the benefit of Defendant Smith Land & Improvement Corporation. 21. R.E. Grant Co. Inc., contractor for Defendant Smith Land & Improvement Corporation, failed to comply with the terms of abbreviated form of Agreement dated July 14, 1997 and all change orders requested thereunder. 22. Plaintiff has repeatedly demanded the amount of $7,262.50 from R.E. Grant Co. Inc. and Smith Land & Improvement Corporation. 23. Defendant Smith Land & Improvement Corporation and its agent R.E. Grant Co. Inc. have continually refused to pay Plaintiff the 5 amount of $7,262.50. 24. At all relevant times hereto, R.E. Grant Co., Inc. was acting as agent and general contractor for Defendant Smith Land & Improvement Corporation. 25. By reason of R.E. Grant Co. Inc's request for performance of services and providing of goods from Plaintiff for the benefit of Defendant Smith Land & Improvement Corporation, Defendant Smith Land & Improvement Corporation impliedly promised to pay the reasonable and necessary charges for such services. 26. As a direct and proximate result of Defendant Smith Land & Improvement Corporation's refusal to pay the reasonable value of Plaintiff's services, supplies and equipment from which Defendant benefitted, Defendant Smith Land & Improvement Corporation has been unjustly enriched in the amount of in the amount of $7,262.50 WHEREFORE, Plaintiff, Climate Control II, Inc., respectfully requests that this Honorable Court enter judgement against Defendant Smith Land & Improvement Corporation. in the amount of $7,262.50, together with interest from November 2, 1997, costs of the suit and for such other relief as may be just and equitable, all in an amount which does not exceed compulsory DATE: July?1 , 1998 arbitration. /ftvtt,,; 0, (flu.. j ~ Andrew C. sfieel;~-ESquire Attorney for Plaintiff Climate Control II, Inc. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7065 6 JOB ~O,: 9723 , , p . ~. f AfJEll\[;\.I....l'l:.D JlORlIf,Ol-' AORHME:-IT [jETWM~:-; RE Glt:o\.'iT ~.,)"I~C:,A:-'f),SI.'[K'O~TRACTOR AGREF.~IE:\'f :\0,: 972.\.15.02 I ;. ~ i ',' \ AOltEEME:\T ~IADE AS OF TillS DATE: M~\Il\I,I~, July 14. 1997 BF-TWEEN: nli (1((.-\;\1' CO,. 1:\(', :\,12 Wnhllll Sll~~1 L~nl\lyn~,IIA 17043 T 77M395 F 714.6547 ,\.'\D: CLIMATE C'O:'\TROL II, 1'\('. "oI1'7 "ork ROQd l"cw Ox/onl. PA 17,150 'I'6N'2~76 F (\2",.j~ III JOB NAil IE: C:VS I'h3nnll~Y, Wcst Shlll'e Pla~ft, ull\oynt, VA RE GRANT CO,. I:'\C, and CLI~IA TE CO:'\TRQL II, I~C:, ,.\C1REE .'Hllc work (\fthi~ (\\ntrll~t:I, '/.: . \: '..1"" Funllsh alld in5tllll HV AC sy~tcl1l~ (UlUll''') ill d~"'J\'d"ll~e \\hlt ~lIe~i1i~,,\ion5 nnJ dilfum IR)'olltn~ ~ho\\n on'itr,,,\'inp M.I,2 &3, Ous dimibution pipin8lo rOl\ftlll1 units l~ In~hld~d III thi~ Ploll,'slIl dlllcd lit lillle,l JU11C 20: 1997.: +,:: ~ '; Faxed illfonnatiolJ dated 7ill/97 prcllnred by 1I.I13arthl.1li~ pngn 111.112 and LelUll'X l'\llIiOllnl Aocoul\t~ Qupt~H?'! :i daled JUlldll, 19911'agc~ /II. 112 ':,' '. ' " :!:,l}:' ,',' ALL WORK 15 TO BE COMPLETI::D AS PER PLANS. SP,!i.CIFICA T10;-';S. I\.~D ADDE~DA ~O,I . ?'1 ",', . . i""';;:: : DATE OF (,OM~IF.XCE~IEl\T: Moud,,:.', Jul)' 11. 1997 ; i; "l~';:~: ' ,~ 'i" Fri~ln~:, Augu~I, 29. 1l)97 ~, :, , :':' DAn OF SI:fJSTA~l'I.\L CO~IPLJ::TIO=': i . . SURCONTRACT SL;~I: 5 41, 22~,CJO " : 'i :: , 1 L,~':,'" , .;! "~i ~ " PROGRESS PAYMENTS: su\1l1lit the ill\'oke b~' fax tlU'c~ (.I/dn~~ pl'i',\l' to the Ii~!(d dnlu on whi~II.Re O\'~~! ~\'i1I suhmit the Job Coutract Invoice: /l1..Iuly 21. 1997" /12 ~ AU8U~: 21. 1997 q 113. Se[1ltJ'llber I. 1997,,; ;.\ , 1/4. Scptember 22, 1997, "5. O.:tober 2, 1997. ~Inet)' Ilercent (90%) of billed IIn",unh apProJwd b)' ArQhlt~1lt to be ' pnld'hlllater IllIIn 21 day, f<llll1\\'ini! lh~ RE Ol'nnt invoice date: :.l'p,~n stltiftfactory apPII)\'al b)' the O\\l1er nud Arl:h.ile~'1, rcl.inRgc to be reduced 10 5% upl'lllift), pcr,'cllt (SO%) COllllll~1101l ofthe work. FiMI PU)lIltl1t nr.llnore dlll/\ Utlny (30) du)'s aller iml.ll~e orch~ Arohite,,'!', tiuAI (.'ertilicl1\f for PlI)111tlll.'" " , ' " " ,: ' , '. '! 'j':.' . ;'.. .i,f" SllBCO:<lTRACT DOCn.IE~TS: lhis .-\bbrevi~t(d F,,'1111 (If Alll'ttmtllt between COI\III1.;I," and SUllcllOtr~CI\)ri ClimAte C.llnlrolll,lno, Pl'opllsal dUI~cl6i20:97. 7/11,97 a~ nl~l~d IIbove, 'AlA D(l~Ulncnl AIOI Sh\l1d.rd Form of Ar,recmtnt Bel\\'ulI O"1It.. and Conlro~1or. Sluith'l..ftlld & IIt111rOI'cil1enl COI'\lClratilln A/\d RE Grlllll Co,. III";,: Conditionll of the ('.onlrad. (Iencrol. SUPI'ICanclllm~', and othtr ('l'lldili(lll~. DrOl\\'lllgJ, Spc..'llic~lion9. Adllcnda .1. /11 aa prepar~d by Dever ArchilcCh dated 5; J 2.'97 and Drll\\'ing$. Sptoifi~I1IiOIl a~ prepllrcd b)' Vllioll II DrA\~illa~ dated 4'H'97. '.' ~":'; " .. ct'RREl\T I~ERTlI'll:ATE OF INSI,IRANCE ",n,l:ll' U~ ~1."B~01'1'ED,I,L\I1TS TO ar.: ".$ ~;CJ1 ED 1:\ srE':IFlcA TI01\8 S~'Cl'KlN AND AI'rRO\"EIll'llIl;JR n~ $TART OF Wf)l<~, ' ' " ",. " ~ ' . ' Submil a Illinimum of $ix {8) copie~ lur $hl'p drOll ing IIl'pro\'tl' SiK (()) ~et~ \I ill be ...tdilltd and tWIl (2) will ~ ,c1unJrd for S\lbc,'nlrnctlll"~ u~e, " SliElCONTR"\('l'OR; CLl~iA. TE CO:'oiTROL II, I~C. ; L,jA,:,.:" f,:.',. ...fi, ,& ' y"Sih~ ~~o ehon.l:h\lIc" ..~ ;. ., .........1 < . , (") lO ~ tD !fl -r'iO_i :0- ...... qJni r:= HiPJ ::;..:1": >4') zr- I ~~: ""m .r:- :00 ,...,.,.,- '~6 _.0 )?; -0 oI--ro -...~) :.1: !;'t::H "-rl );:;c" ~ (:)~ '7 :=1 -~ "-> ?o -<; (J) -c , , i I .. <'. ',-y (') \() " ("l c W -tl r,l. . ~-;: "'" -J -''''''rp -n :J. :II nlj':. ;'0 "1 ~::r' ~~'E9 0\: ,I \..0 ,.J L '..J .. .. ~;g ",((, --0 :~;:B , .. ::r: ~,~C) ~~ ol~n -, -I , 0 ?Ii ."1 ..... ,I'" -<; ......... .. NAR-iB-9B WED 12:11 l B SNITH FAK NO. 717731B325 P,OI ., '.,.', , -, -, ' " " CLIMATE CONTROL II, INC., Subcontractor IN TOE COURT O~ COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIl\ : 98 - MLD NO. tf'i. ,I/or Ih i..0 7'"..-. r I HECHANICS LIEN CLAIM I I VB. SMITB LAND , IMPROVEHENT CORPORATION, Owner or reputed owner as successor to WEST SHORE PLAZA, INC. MECRANIC'S LIBN CLAIM Climate Control II, Inc., Claimant, by and through Counsel of Andrew C. Sheely, Esquire, hereby files this Mechanio's Lien Claim for the sum of Seven Thousand Two Hundred Sixty-Two Dollars and Fifty cents ($7,262.50), together with interest from November 26, 1997, and costs, against Smith Land & Improvement Corporation, OWner, and against improvementB, building, premises, property and the curtilage appurtenant thereto at 240 West Shore Plaza (West Shore Plaza), for debt due to the Claimant as a subcontraotor for labor and materials fUrnished by Claimant as a subcontractor for R.E. Grant Co. Inc., in the erection and construction of the improvements at such premises, and makes the following averments of fact in support of its claim: 1. The Claimant is Climate Control II, Inc., a Pennsylvania Corporation doing business at 4487 York Road, New Oxford, Pennsylvania. 2. The owner or reputed owner of the property at the time of furnishing material and labor is Smith Land & Improvement Corporation, a Delaware Corporation with a business address of 2001 State Road, Camp Hill, Cumberland County, Pennsylvania, and a registered address of CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania. '. MAR-18-98 WED 13:19 l B SMITH FAK NO, 7177318325 P,OI II '. 3. The improv8lll8nte and the property which are the subject of the instant claim are at a now1y constructed CVS Pharmacy And commercial business store located the West Shoro Plaza, described as Tax Parcel Nu:nber 12-21-0269-034 and Deed Book 15 Volwne "P" Page 51B, all as more particularly described in the full legal description which is attached hereto as Exhibit "An and incorporated in this paragraph as if set forth at lengtb. The OWner, Smith Land & Improvement Corporation ie the successor to West Shore Plaza, Inc. 4. The labor and materials for whicb the debt is due were furnished by the Claimant for the agreed upon sum of $41,225.00 purSUAnt to a written contract dated July 14, 1997, and additional change orders in the amount of $3,140.00, with R.E.Grant. Co. Inc., who contracted directly with the OWner, Smith Land & Improvement Corporation, A copy of the written contract, and invoice for change orders, between the Claimant and the Contractor, are attaChed hereto as Exhibit "B". 5. The labor and materials furnished by Claimant under this contract oonsisted of heating and air condition ventilation systems (HVAC), gas distribution and piping systems, duct work, diffusers, dampers, returns and components to said property, existing structures, buildings and improvementB thereon. 6. At the request of the Contractor, the Claimant performed an additional amount of Change Orders in the amount of $3,140.00, which amount is set apart as follows: a. Labor, 44 3/4 man hours for demolition and rllmoval of ductwork (stock area); installation of new 2 1 : MAR-iB-9B WED 12:IB l B SMITH FAX NO, 717731B325 P.OI , , . ~ . . ductwork, fire dampers (pharmacy area) $1,119,06; and b. Materials 15 sheets of 4 * B teet eheet metal $270.00; and c. Labor Fabrication of sheet metal requiring 12 hours @ $300.00; and d. Materials Fire Dampers @ $90.94; and e. Materials Ceiling Unit Lennox, gas line, connections, chimney @ $841.00; and f. Labor Installation of ceiling unit and related items @ 2B9.00.and g. Labor ReClaiming freon from BVAC unit @ 240.00, all as more specifically set forth in the Application and Certificate for Payment dated November 21, 1997, invoice dated July 15, 1997 and the fax dated october 27, 1997 attached hereto as Exhibit "B". 6. Claimant hae been paid a total of $37,102.50 from contractor. 7. A remaining amount of $7,262.50 remains due and owing for which a claim is here made. 8. Claimant substantially completed his work on or about November 26, 1997, which is less than four (4) months before filing this claim. 9. Written formal notice of the claimant's intention to file this claim was served on the OWner by certified mail and regular mail on or about February 3, 1999 and February 5, 1998, at the regular place of business and registered address of the OWner, respectively, as indicated by the retu=n receipt cards attached the Formal Notice marked as Exhibit HC". 10. Written preliminary notice of the Claimant's intention to file 3 MAR-IB-B8 WED 12:IB l B SMITH FAK NO, 7177318326 p, 02 '. this claim was served on the OWnor by certified mail and regular mail on or aboue January 5, 1998 and January 0, 1998, at the regular place of business and registered address of tho OWner, respectively, as indicated by the return receipt cards attachea the Preliminary Notice marked as Exhibit "D". 11. Copies of the Formal Notica of Intent and Proliminary Notice of Intent were also provided to the Contractor ae indicated by the copies of the return reoeipt cards attached hereto a$ Exhibit "E". 12. The Contractor, R.E. Grant, Co. Inc., by and through Rosemary E. Grant, President, caused to be publicly filed e Waiver of Lien Agreement dated July 1, 1997, signed on Augult 1, 1997 and recorded on January 5, 199B in the office of the prothonotary of Cumberland County. A copy of the Waiver of Lien Agre8m8nt is attached hereto as Exhibit NFtr. 13. The waiver of Lien Agr98~ne purportedly inCludes the eignature of the 'owner, Smith Land & Improvement Corporation, (incorrectly indicated as L.B. Smith Land & Improvement Inc.) and the signature of the Contractor, R.E. Grant Co., Inc., by Rosemary E. Grant, President. 14. The waiver of Lien Agreement was filed well after the work which is the subject of this Claim was completed by Claimant and i8 therefore invalid. 15. No defense of a Waiver of Liens is available as a defense for 0 the Owner. 4 CLIMATE CONTROL II, INC., Subcontractor vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 98 - /'IIJ'/MLD NO. MECHANICS LIEN CLAIM SMITH LAND & IMPROVEMENT CORPORATION, OWner or reputed owner as successor to WEST SHORE PLAZA, INC. MECHANIC'S LIEN CLAIM Climate Control II, Inc., Claimant, by and through Counsel of Andrew C. Sheely, Esquire, hereby files this Mechanic's Lien Claim for the sum of Seven Thousand Two Hundred Sixty-Two Dollars and Fifty cents ($7,262.50), together with interest from November 26, 1997, and costs, against Smith Land & Improvement Corporation, Owner, and against improvements, building, premises, property and the curtilage appurtenant thereto at 240 West Shore Plaza (West Shore Plaza), for debt due to the Claimant as a subcontractor for labor and materials furnished by Claimant as a subcontractor for R.E. Grant Co. Inc., in the erection and construction of the improvements at such premises, and makes the following averments of fact in support of its claim: 1. The Claimant is Climate Control II, Inc., a Pennsylvania Corporation doing business at 4487 York Road, New Oxford, Pennsylvania. 2. The owner or reputed owner of the property at the time of furnishing material and labor is Smith Land & Improvement Corporation, a Delaware Corporation with a business address of 2001 State Road, Camp Hill, Cumberland County, Pennsylvania, and a registered address of CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania. 3. The improvements and the property which are the subject of the instant claim are at a newly constructed CVS Pharmacy and commercial business store located the West Shore Plaza, described as Tax Parcel Number 12-21-0269-034 and Deed Book 15 Volume "P" Page 518, all as more particularly described in the full legal description which is attached hereto as Exhibit "A" and incorporated in this paragraph as if set forth at length. The OWner, Smith Land & Improvement Corporation is the successor to West Shore Plaza, Inc. 4. The labor and materials for which the debt is due were furnished by the Claimant for the agreed upon sum of $41,225.00 pursuant to a written contract dated July 14, 1997, and additional change orders in the amount of $3,140.00, with R.E.Grant. Co. Inc., who contracted directly with the OWner, Smith Land & Improvement Corporation, A copy of the written contract, and invoice for change orders, between the Claimant and the Contractor, are attached hereto as Exhibit "B". 5. The labor and materials furnished by Claimant under this contract consisted of heating and air condition ventilation systems (HVAC), gas distribution and piping systems, duct work, diffusers, dampers, returns and components to said property, existing structures, buildings and improvements thereon. 6. At the request of the Contractor, the Claimant performed an additional amount of Change Orders in the amount of $3,140.00, which amount is set apart as follows: a. Labor: 44 3/4 man hours for demolition and removal of ductwork (stock area); installation of new 2 ductwork, fire dampers (pharmacy area) $1,119.06; and b. Materials 15 sheets of 4 * 8 feet sheet metal $270.00; and c. Labor Fabrication of sheet metal requiring 12 hours @ $300.00; and d. Materials Fire Dampers @ $80.94; and e. Materials Ceiling Unit Lennox, gas line, connections, chimney @ $841.00; and f. Labor Installation of Ceiling unit and related items @ 289.00.and g. Labor Reclaiming freon from HVAC unit @ 240.00, all as more specifically set forth in the Application and Certificate for Payment dated November 21, 1997, invoice dated July 15, 1997 and the fax dated October 27, 1997 attached hereto as Exhibit "B". 6. Claimant has been paid a total of $37,102.50 from contractor. 7. A remaining amount of $7,262.50 remains due and owing for which a claim is here made. 8. Claimant substantially completed his work on or about November 26, 1997, which is less than four (4) months before filing this claim. 9. Written formal notice of the claimant's intention to file this claim was served on the OWner by certified mail and regular mail on or about February 3, 1998 and February 5, 1998, at the regular place of business and registered address of the OWner, respectively, as indicated by the return receipt cards attached the Formal Notice marked as Exhibit He". 10. Written preliminary notice of the Claimant's intention to file 3 this claim was served on the OWner by certified mail and regular mail on or about January 5, 1998 and January 8, 1998, at the regular place of business and registered address of the OWner, respectively, as indicated by the return receipt cards attached the preliminary Notice marked as Exhibit "0". 11. copies of the Formal Notice of Intent and preliminary Notice of Intent were also provided to the Contractor as indicated by the copies of the return receipt cards attached hereto as Exhibit "E". 12. The Contractor, R.E. Grant, Co. Inc., by and through Rosemary E. Grant, president, caused to be publicly filed a waiver of Lien Agreement dated July 1, 1997, signed on August 1, 1997 and recorded on January 5, 1998 in the office of the Prothonotary of Cumberland County. A copy of the Waiver of Lien Agreement is attached hereto as Exhibit "F". 13. The Waiver of Lien Agreement purportedly includes the signature of the OWner, Smith Land & Improvement Corporation, (incorrectly indicated as L.B. Smith Land & Improvement Inc.) and the signature of the Contractor, R.E. Grant Co., Inc., by Rosemary E. Grant, President. 14. The Waiver of Lien Agreement was filed well after the work which is the subject of this Claim was completed by Claimant and is therefore invalid. 15. No defense of a Waiver of Liens is available as a defense for 0 the OWner. 4 JOB :\0,; 9723 . .'11' , AI:lEll\C\'J..\1'1:.0 "OI\~I.OP ^c:JREI::~IE~T UE'I'\n,l!,S RE ORA,"iT ('0,. I:\C:.. A:-..rJ/Sl.l[K'l):\TRAC'I'OR t\ORr;F..~I~::\T :\0,: 972.\.15.02 , I , \ AOREEME:\T ~IADE AS OF TIllS DATF.: M~\n\lil~. July 14. IQ!)7 OF-TWEEN: RII (lIt.-\~T CO.. 1:\(', :\,12 Walton Sll~~' Ltlll\l)'lIf,I'A 17043 CLIMATe ('(l:\TROl.lI, I~C, 4<1B 7 "ark Road f'\m OKlbl'll. PA 17 BO T 77".(1:195 F 714.6~4 7 ,\."iD: T 6~<l.2S76 F(\N.",\18 JOB N,4JlIE: CVS Phannl\~Y. Wut Shllre PI'?A, (.(11I\)~'nc, VA RE GRANT CO.. I:'\C, ~1II1 CLI:\IA n. COSTnOL II. Ir-;C, AOREE .\~ lhe work ofthi~(\'htrll~t:, , . /,' , . FunllBh alld In~tllll HVAC $y~tclll~ (UlUll''') in ac"')l'o:llll~e \Ihh ~pe~i1i~.lliulll nnJ diffiJser lAyout iI~ ,ho\l'non~,l\\'inat M.I,2 &3, Oos dlmibulion pipl1l8 10 ro"lIol' unit$l~ ln~llIdctllllthi~ PI"Jl\'sal dllte\1 & li,xCI\ June 20,' 1997;: 'j' , ' : . " Faxed illfollnalioll daled 7/11197 prepared b:-- lIal aartholi~ POilU /11.1/2 and Lel\lIl':C l'illtiollnl AOCOUIlIB Qup~t~o~ \ dated JUlldll. 1991I'a8~'~ 111./12, ': " :':: ~ ,t' , , , 't ' ' ALL WORK IS TO BE COMPLEn:O AS PER PLANS. SPI1.~'tFI<.~.~T10;-';S, A.~D ADDE~))A ~O, I. 7.ri" I' DATE OF COM~IF.XcnIEr-:T: DATE OF SI)JJSTAN1'J.\L CmlPLETlO~; Moudlly.lul)' 11, 1997 .'ri.lny. Au~~t 29. h)97 '. ' I,.' ."., 1 SURCONTRACT St:~I: S 41. 22$,00 " ".,'- , ';'. PROORESS PAYMENTS: sul'lIlit the hl\'oke bl' fax thr~~ (.I/dQ\:~:JlI'k\1' II) the Ii~tcd dolu 011 \lhi~11 R~ Or~nt will B\lbll1it the Job Coutract Invoice: HI-July il. 1991, 1/2 '. A1I8u~t 21.1997' 1/;1. Serttnlber 1:1997,': :; rl4. September ZZ, 1997, ,.,. Oo:tober 2, 1997. !\'llltt), percent (901\0) ofLilled III1lI'UUt, apllrilwd b)' Arllhhelll to he ' pnl~ ullllatcr 1111I11 21 do~', f<ll\\l\\'in~ Ih~ RE ClrRllt i1\\'oi~e dale',~, l'p.m 'l\tlRr~ctory appll)\'al b)' Iht O\\lltr IInd Afl:hitt~'l, relamose to bt: reduoed 10 5% Upl'll tift)' per~~"t ($0%) COlllpMlon orthe \\'ork, FiMI pn~llltnt nN Inore than Ulirty (30) duys after I~suau~t oflh~ Aruhile,lt'~ flnlll (,'ertiIlClIl. for PiA)meuI.;: " ' , ,:', , '. .. I .' ~ , . . '. '. . I ,.1.... SlIBCO:'-lTRACT IJOCl'~IEXTS: Ihi$ AbbreviQled Flltlll tlt Alll'ttmtlll bCI"'~~1I c.'Ol\lIft.;t~\1 And SUllNntr~C1\)r; ClhnAtc C.onlrolll,lno, Pl'ol'\l~al dlll~d 6/20"97, 7/11,97 u n\'I~(\ IIbo\'~., AlA DO~Uln~nt AlaI StRnd.rd FOml of Avecmcnt B~I\\'ccn O"'ler and Conlrn~1or. Sllllth I,Jlud 8( Imrr\),'~il\cnl COl'Poration lInd RE Clrnnt Co" rn~,,' Conditionll ofllle ('~hlraI1. <Icllerol. SUPl'lclnCllllll1'. snd other Conditiolls, DrawillgJ, Sp~'lflclltil'n', Ad,lllndA _I. ~1.a preplt~d by Dever Architc~l~ doted 5i 12!l17 and Drll\\'il\lIs. Speoifi~BH,," a~ prcparc.i b)' Vi.ion " [)(A\Yilla~ dated 4'24'97, ' , ....;, ' , C;1:1'JtEI-:T ':ERTII'Il.:A"CE (IF INSI,lRANC6 MU:'I1' lie UI:B~nnED,I.L\IlTS TL1 Ell: M ~"Jl ED c.; srE':trlCA no,,:! SfCTlQN AND A1'I'R.O\'EJ') I'll KIll. H) START OF WI)klo:, ',' . Submit a minimulIl of ,i,. (8) c"Jlic~ lor sh\lp dralling al;pro\~1 SiK (6) ~ct~ ,,1I1 be ""Kined .,,<1 t\\'o (2) ",m \It le1unJ~d for S\lbC\ll1lrnclol"~ \I~e, " ' " SliBCONTR.\CTORi CLIMATE C:O:o.iTROL 11,1:\<:, :~'/.~. <;/ r :, .& efiJl(/' ., ... c.~ "'... . .,. ..... <w.o.!.iC I St~\'c ~ ~O chall, l'hlllcl' - j 4 .... ..., '" ,... .:. ..., ... .... ... ,~ ... ,~, '" ........ ,..,.... .....~ ' ~ UU~ ~ I~ . {s '" t 000000 1,<1r i _ _ c' '" " "\ r. r. ~ . '.; 2~ 'J~ 31. i ~, "'" ..-.... MI' I :' '(iij ":-. Ioo.....,~,~ ~ i, ,'" '.jJ '" i j . ~!~~ni i ~ 9- r:j I'. V,J '- '~_'\ "l ,S '8C '>0.' " .. . ~eejj*! 1m ~ ~i .. u"., i ~ ~. 0 ~~ ~' , 'llf I, I ~~ ~Hj 'j ~~ c: ~ ~ I~ ,(" ~ i~l~j;, ' i ~~ 68 [H ~ . ~ !,-~ ~ ~ ~ , _ s;:; --IS" i ~ . g~w!!~ ~ i ;J ~ I.) ..:;1 ';::i'I ~ .J ' II : I --. , ii5~n ~ u 9 ~~ II~~ ~~ ~ ~'IV ~ ~ II I~ w ~!;~..i!;U ~ !~ c N ~ S'i ~1~~ ~ ~ ~.. ~ ~~!U G~ g ~ ~ J~rst lli: ~~Nl ~:~ r-..:~ - g;,~~ ~~ !S!r!U i >< J. ~ I ~9, '''' '\'" I , t; .. /~. '. ,~. ;'?,: "~:f ':": " ;,',? ~~ '^ 0' '. ~ . 'j, , ~. ':~:: ", J' ~ m . 015 is \!I '" S ., ~ i ;'}i :~"t :;'; ! lit wo..-....wz.. b ' I ':' , i I U .'M ..~':" _.,...... :.} 'f ::~'i 01 : ::1'; ~ ~~~~~". "~~O~ ,.~~o. ~ m I I I I I' I '. )'.; .}i ;~'. ' :,I')! ~! II~l~'~\'.~~"1 i1;" l; (5 (5 (5 (5.6 6 ~ ';. < ,'.f",f' :;,\; ~ ' l ;'.;I~J:"~. .. 0 000 0 ,.'~ "g, .\.1 ril tl''',:: , -:{",!',.,.t;,, z ~ i ~ ' , r" 0 "' l 0 ~ \, '~ ~~-: ~.! J': W . ~ \u '; '! ~] i ~;f ~ >!~ " ~;;11:4lli:JUJ} ~ 0~0002 De' . ~ ,'~' 7, :;,$ l:: :'''r a: .;"! 'I t. ,:I. (JI'! a: 1 ~ .;- t; 1; ;;;~:5 :~i~ ~ :!/, I'''' ~lJl' ..~\:; s...! g~ ~ l" '" , ~ .. . I;' :~ ID }'~l ff: L~':: ': "f' ':~'I':lil.l~ ~, ~ ~ i~ ~ ~ ~ ,~ ~. 'I' t :::.~, ~~~ ) th~ ~ ! I U ,.Im! H '" . \ 1 .~' , . 'I!. , .,).t '" l;1~o"~o$, ,\ 2,1:8 ' '~l ;' '," ,'. ;.to... I r' . '.J)I':,' n 1:,~~ '. ~ . 'C I . "" '. " \ .",. ",,'" '1~' ~ . ;-. . . I . I, v",.. ''', ur "", ~,,..t',l':"'~':''''$',, ~i "~JO. n :~'ri \~ 'T" " ,; ~~' ~:I'" \ , ~ · .'11 ~i,j~~~I!I'j'flli!~" ~ii ll~. ~'llii : I l ~ 1,'dbiii~f:'llh'h~III;.llfui ,J.! j..." u ~ ~ ~ U ft B 8 h m ~ d 9 h ~ ~ ~~u; , ,~~ II I~, ~,~ I?f; :- [il , ',' f -=' .. .. ~ CJoooooo DO O~OqODO qqp pqf.:,p.. [J~D ,.C1D,Of3'I!I,fUJp ,Clg ~ ~~ g d ~..; " ~~ D. ',.: ' D.D O",,':D.j'lD.~,,:,~!i'1. .t'>l..", '(""'I:M...,q,~>,:q.t'.o:" ~!f "e ~~ 'Gi .. l'li ':'1':1 ,..... ~~ .... .... ~~....l~ ~C' ~ K ~ 1W , '. ',:", '. -, '" :> o ~ AJ,Hno', 01YN0Q ~"I 0 ........i *,P ..{>', L:~~, . ~.~ .~~ei~.~ -;..~.~. - .',.... - _.f."":",, CLIMATE CONTROL II, INC., Subcontractor vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97 MLD NO. MECHANICS LIEN CLAIM . . SMITH LAND & IMPROVEMENT CORPORATION, OWner or reputed owner vs. . . . . R.E. GRANT CO. INC., Contractor : FORMAL NOTICE OF INTENT TO FILE MECHANICS CLAIM AND LIEN TO: SMITH LAND & IMPROVEMENT CORPORATION c/Q R.E. Jordon, C.E.O. 2001 State Road Camp Hill, PA l7011 R.E. GRANT CO. INC. c/o Rosemary E.Grant, C.E.O. 342 Walton Stree~ Lemoyne, PA 17043 SMITH LAND & IMPROVEMENT CORPORATION c/o CT Corpora~ion System l635 Market Street philadelphia, PA 19103 This Formal Notice is being sent to you in accordance with the Mechanic's Lien Law of 1963, 49 P.S. 1501, et sea.. as amended. for the purpose of providing you with Notice that Climate Control II, Inc., a Claimant and subcontractor, intends to file a lien against the following described property: ALL THAT CERTAIN, lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake, said stake being on the south side of Market Street and on the line of the Borough of Camp Hill; thence along the south side of Market Street North seventy (70) degrees twenty (20) minutes East a distance of seven hundred sixty-four and three-tenths (764.3) feet to a pin at other lands of L.B. Smith, Inc.; thence by the same South nineteen (19) degrees forty (40) minutes East a distance of three hundred eighty-six and ninety-one .~.- ... .........l '. one hundredths (386.91) feet to a pin; thence by the same South thirty-six (36) degrees forty-eight (48) minutes East a distance of six hundred thirteen (613.00) feet to a pin on the North side of the Gettysburg Pike, Pennsylvania U.S. Route 15; thence by the same South fifty-three (53) degrees seventeen (l7) minutes West a distance of one hundred forty-four and twenty-eight one hundredths (144.28) feet to a stake; thence by the same South fifty-eight (58) degrees fourteen (14) minutes West a distance of four hundred seventy-seven and thirteen one-hundredths (477.13) feet to a stake at the Camp Hill Borough line; thence by the same North thirty-six (36) degrees thirty-nine (39) minutes West a distance of eleven hundred sixty-five and ninety-one one hundredths (1165.91) feet to a stake at the place of BEGINNING. CONTAINING 16.09 acres. BEING part of the same premises which L.B. Smith, Inc., by its Deed dated February 11, 1954 and recorded March 9, 1954 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book P, Vol. 15, Page 518 granted and conveyed unto West Shore Plaza, Inc. Parcel Number 12-21-0269-034 Deed Book 15 Volume "P" Page 518 (1) The claim for which Climate Control II, Inc., Claimant, intends to.file said lien is for the sum of $7.262.59, with lawful interest. (2) The name and address of the contractor is R.E. Grant co., Inc. with a registered business address of 342 Walton Street,Lemoyne, PA 17043, operated by Rosemary Grant, C.E.O of R.E. Grant, Co., Inc. (3) The amount due Climate Control, II, Inc. Is $7,262.59. (4) Climate Control II, Inc. contracted with R.E. Grant Co., on or about July 14, 1997, and work pursuant thereto began shortly thereafter. The contract between the two parties was for materials and labor associated the with heating and air condition ventilation systems (HVAC), gas distribution and piping systems, duct work and components to said property, existing structures, buildings and improvements thereon. (5) The Claimant substantially completed the work which was the subject of the contract by NOvember 26, 1997, but several items remain to be completed at the site including balancing of the duct forced air system, system check and start-up. To date, Claimant remains ready to complete the work, but Claimant has not been requested by the Contractor to complete the remaining work at the construction site, with the exception of demanding that certain documents be signed and completed. 2 " N OJ LI1 ..lI ... 3 OJ OJ UJ 41> ..lI II"" '" :- .. UJ :- t; 4 ... '" ~ w ., '" ;. . ... SE DE : :9 -Complet. itlms 1 ancVor 2 tor additional ..rvlell. II _Complete II,,", 3. 41, and 4b. : 'Print your naml and addrnl on the r.....,... at Ihl, form 10 that we cln return Ihl, ... card to you. ~ -AaICh \hI, form to the front of the mailplece, or on the bid!; If apace do.. nOf ! permt. . 'Wrtt..RMUm R<<JIipt R~lJQted. on the mallpiece below the artlcl. number. oS -n. Return Receipt win show to whom the attldl WII debated and thl data c deliv1ttd. o ... 3. ArtlcI. Addressed to: S .. ii ~ R,';, G,o,,-!- CO. ~C. C/o k.?seM"'j t. 6,,,,,,-1:; Ie. E .0. 31('2.. W..\"ul- S'tl-...r- LU'lo,! 1I.t.. \ YA {/lJ'-/3 ~ o >- .!! I .Iso wish to ,sc.lY. th. following s.rvlc.. (fo, en .xttsf..): Ii 1, Cl Add'.......'. Add,... ~ 2, Cl R.stricted O.llvery cl! Consult postmssl.r for fee, a 4a, ArtlcI. Numb.r g "2- t1.S''t 2.'1-3 %'3 E 4b, S.rvlc. Typ. ~ o R.glst.red JI1 c.rtlned ';. o Expr... M.II 0 Insured -!i o R.tum Rocelpt lor Merchandso CJ COO " 7, O.t. of O.IIv.~ ~ :2.-~ -9r ! 8, Addr.....'. Addr... (Only II requesled 1 end I.. Is psJd) r= In'..~QMU'llrq nnmAR11r. one hundredths (386.91) feet to a pin; thence by the same South thirty-six (36) degrees forty-eight (48) minutes East a distance of six hundred thirteen (613.00) feet to a pin on the North side of the Gettysburg pike, pennsylvania U.S. Route 15; thence by the same South fifty-three (53) degrees seventeen (17) minutes West a distance of one hundred forty-four and twenty-eight one hundredths (144.28) feet to a stake; thence by the same South fifty-eight (58) degrees fourteen (14) minutes West a distance of four hundred seventy-seven and thirteen one-hundredths (477.13) feet to a stake at the Camp Hill BOrough line; thence by the same North thirty-six (36) degrees thirty-nine (39) minutes West a distance of eleven hundred sixty-five and ninety-one one hundredths (1165.91) feet to a stake at the place of BEGINNING. CONTAINING 16.09 acres. BEING part of the same premises which L.B. Smith, Inc., by its Deed dated February 11, 1954 and recorded March 9, 1954 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book P, vol. 15, Page 518 granted and conveyed unto West Shore Plaza, Inc. Parcel Number 12-21-0269-034 Deed Book 15 Volume "P" Page 518 The claim for which Climate Control II, Inc. intends to file said lien is for the sum of S7.262.59, with lawful interest. The name and address of the contractor is R.E. Grant Co., Inc. with a registered business address of 342 Walton Street,Lemoyne, PA 17043, operated by Rosemary Grant, C.E.O of R.E. Grant, Co., Inc. Unless the amount of S7.262.59 is paid as demanded, Climate Control II, Inc. intends to file a lien against the above-described property for materials and labor associated the with heating and air condition ventilation systems (HVAC), gas distribution and piping systems and components to said pror erty.~ existing structures, buildings and improvements thereon. DATE: January 5, 1998 Ifill-v C )l~k Andrew C. Shee;y:- ~uire Attorney for Climate Control II, Inc. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7065 PA ID NO. 62469 2 ,\ . CLIMATE CONTROL II, INC., subcontractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 97 MLD NO. vs. SUITH LAND & DEVELOPMENT CORPORATION, OWner or reputed owner vs. : MECHANICS LIEN CLAIM . . : R.E. GRANT CO. INC., Contractor PRELIMINARY NOTICE TO PILE MECHANICS CLAIM AND LIEN TO: SMITH LAND & DEVELOPMENT CORPORATION clo R.E. Jordan, C.E.O. 2001 Stat:e Road Camp Hill, PA 170ll R.E. GRANT CO. INC. clo Rosemary Grant, C.E.O. 342 Walton Street: Lemoyne, PA l7043 SMITH LAND & DEVELOPMENT CORPORATION clo CT Corporat:ion Syst:em 1635 Market: Street: Philadelphia, PA 19103 This Notice is being sent to you in accordance with the Mechanic's Lien Law of 1963 for the purpose of prOViding you with Notice that Climate Control II, Inc., a Subcontractor, intends to file a lien against the fOllowing described property: ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake, said stake being on the south side of Market Street and on the line of the Borough of Camp Hill; thence along the south side of Market Street North seventy (70) degrees twenty (20) minutes East a distance of seven hundred sixty-four and three-tenths (764.3) feet to a pin at other lands of L.B. Smith, Inc.; thence by the same South nineteen (19) degrees forty (40) minutes East a distance of three hundred eighty-six and ninety-one " one hundredths (386.91) feet to a pin; thence by the same South thirty-six (36) degrees forty-eight (48) minutes East a distance of six hundred thirteen (613.00) feet to a pin on the North side of the Gettysburg Pike, pennsylvania U.S. Route 15; thence by the same South fifty-three (53) degrees seventeen (17) minutes West a distance of one hundred forty-four and twenty-eight one hundredths (144.28) feet to a stake; thence by the same South fifty-eight (58) degrees fourteen (14) minutes West a distance of four hundred seventy-seven and thirteen one-hundredths (477.13) feet to a stake at the Camp Hill Borough line; thence by the same North thirty-six (36) degrees thirty-nine (39) minutes West a distance of eleven hundred sixty-five and ninety-one one hundredths (1165.91) feet to a stake at the place of BEGINNING. CONTAINING l6.09 acres. BEING part of the same premises which L.B. Smith, Inc., by its Deed dated February 11, 1954 and recorded March 9, 1954 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book P, Vol. 15, Page 518 granted and conveyed unto West Shore Plaza, Inc. Parcel Number 12-21-0269-034 Deed Book 15 Volume "P" Page 518 The claim for which Climate Control II, Inc. intends to file said lien is for the sum of $7.262.59, with lawful interest. The name and address of the contractor is R.E. Grant Co., Inc. with a registered business address of 342 Walton Street,Lemoyne, PA 17043, operated by Rosemary Grant, C.E.O of R.E. Grant, Co., Inc. Unless the amount of $7.262.59 is paid as demanded, Climate Control II, Inc. intends to file a lien against the above-described property for materials and labor associated the with heating and air condition ventilation systems (HVAC), gas distribution and piping systems and components to said property, existing structures, buildings and improvements thereon. DATE: January 2, 1998 /tr~ C. tJ..11 -' Andrew C. Sh~~quire Attorney for Climate Control II, Inc. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7065 PA ID NO. 62469 2 .">'~"-"'_.- . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO-LIEN AGREEMENT NO,'?.r -3(, fY1 /.. tJ '-!.t...-.. CONTRACTOR: RE Grant Co" Inc, 342 Walton SI. Lemoyne, PA 17043 AND Of,I)AJe/L L,8, Smith Land & Improvement Company 2001 State Road Camp Hill, PA 17001 Waiver of Lien Aareement WHEREAS, the parties RE Grant Co" Inc, and L,8, Smith Land & Improvement Company_hereto did on the 1'1 day of July, 1997 ,enter into an agreement (hereinafter the "Contract"), therein and whereby said Contractor undertook and agreed to furnish all materials, labor and equipment, etc" to complete the work of Constructing the Tenant Fit Out mom P<::"ticularly described as follows: Work to be in accordance with the Standard Form of Agreement between Owner and Contractor dated July 1, 1997 Said parcel of ground is located 12th & Market Streets, Lemovne, Pennsvlvania, NOW, THEREFORE, the Contractor for itself and any and all subcontractors, material men and parties acting for, through or under the Contractor or for, through or under any of them, does covenant and agree that it will not at any time suffer or permit any mechanics' lien or any other lien, attachment or other encumbrance, under any laws, regulations, or orders, Federal, State or local, or otherwise by any person or persons whomsoever, to be put or remain on the building or premises, into or upon which any work is done or labor or materials are furnished under this Contract, for such work, labor or material, or by reason of any other claim or demand against the Contractor, and the Contractor has not obtained absolute title; and the Contractor agrees, further, that any mechanics' lien, material men's lien or any other lien, attachment or other encumbrance or claim of a third party, however arising (whether through the Contractor's, Tenant's, or Owner's or any other persons action or inaction, and whether valid or invalid), until it is removed shall preclude any and all claim or demand for any payment whatsoever under or by virtue of the Contract, and in the event that same is not removed, the Tenant and Owner at its discretion may remove same at the expense (including legal fees) of the Contractor, and without regard to the validity or invalidity thereof, The Contractor expressly agrees further, that no lien shall attach to the real estate, building, structures, or any other improvement to the Owner either on behalf of the Contractor herein or on behalf of any subcontractor, mechanic, journeyman, laborer,