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Home My WebLink About98-05935 CQS, INC., a Pennsylvania Corporation, IN TilE COURT OF COMMON PLEAS CUMBERLANI> COUNTY, I'ENNSYINANIA Plaintiff v, NO, 98 - 5935 DELUXE DEVELOPMENT CORPORATION MECHANICS' LIEN CLAIM Defendants SATISFACTION OF MECHANICS LIEN CLAIM ANI> REI.EASE OF LIEN TO THE PROTHONOTARY: Please mark the above referenced Mechanics Lien Claim settled and satisfied in full and the lien of same released, Respectfully, Date: " ( //'" C / KENNETH A. WISE, ESQUIRE ID NO, 16142 126 LOCUST STREET p, 0, BOX 11489 HARRISBURG, PA 17108-1489 (717) 238-3838 ATTORNEY FOR PLAINTIFF c;\wpSI docslpldlcqsdclxl,pra .'. \ . \, L I ' '_:: ~; II ,'d (0 (:J -:-s C-^ !k- r- , , ~ ", ,-, (' ~ Q..., 1./ Vi C" <~- -U --....;, ,,'"" ,..., c...... ,.- ---..z ~ b ...L ..:.L- r --.. area, bounded along state route 1004. The subject parcel is listed as Tax Parcel No. 09122992005, along wi th a porllon of Tax Parcel No. 09012992001 by the Cumber 1 and County Tax Assessment Of [ice. The parcel is as more particularly described in iJ certain deed to Deluxe Development Corporation, appearing in Deed Book 1-6q-669 of the records of the office of Recorder of Deeds in and for Cumberland County, Pennsylvania. 5. Plaintiff last performed work and valuable improvements to the above-referenced site on June 17, 1998, 6. On or about April 24, 1998, Owner, by its designated agent, Donald Erwin, entered into an agreement with Plaintiff calling for Plaintiff perform a limited Phase I Environmental Property Assessment for the Westwood Hills Subdivision. A copy of the agreement is attached hereto as Exhibit A and incorporated by reference herein. 7. Pursuant to the contract, Plaintiff performed valuable improvements on the property which included conducting a limited Phase I Environmental Property Assessment necessary for being able to continue improvements to the site and being able to legally continue improvements to the property in compliance with requirements of the Pennsylvania Department of Environmental Protection, Plaintiff further directed the removal of environmentally suspicious conditions, including directing the excavation of soils surrounding the area where suspected pollutants existed and remove barrels which repn";"lll.ed iJ potentially environmentally hazardous condition, 8. Attached hereto as I':xhibi t B and incorporated by reference herein is a billing statement for the work. This amount, to wit $2,035.58, is claimed to be due, plus accruing interest. 9. Work was completed on June 17, 1998, .....hen barrels were legally removed from the site and excavation and inspection of the subground around the barrels was completed, WHEREFORE, the lien claimed by Plaintiff is in the amount of $2,035.58. Respectfully submitted, Date: t y t...... I KENNETH A. WISE, ESQUIRE ID NO, 16142 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PA 17108-1489 (717) 238-3838 ATTORNEY FOR PLAINTIFF [ARTH MATERIALS MANAOlM[Nf & fESflNlI 01lleo,I,/11,b4U,IU6b Foo: I, 71'l,540,7968 1,8UO,ROCK,TEST 3002 Herr St, eul Ha,,,ohtH{I, PA 17103 POl!!" (In,' ol'Fiw 'lX IlH ' ,\!I.-il ~~, I"'IN CQS Ine, is plcascd to sunmitthis proposalli1r your rcvicw, This agrccmcnt pr,'scnls thc projcct approach. thc scopc ofscrviccs. compcnsation, and schcdulc lilr wmplcting thc projcct. rnO,IECT ,\rl'IWAClI Thc purposc ofthc EnvironmcntalPropcrt)' Asscssmcnt is to disclosc availanlc. lilclllal cnvironmcntal inliumation ami rcndcr an opinion rcgarding Ihc cnvironmcntal d:lla collcctcd ami inlimnation rcvicwcd, The project approach includes a revicw ofavailanlc inlimnation, contact with rcgulatory agcncics in regard to the environmcntal use ofthc Sitc and adjoining lands: one Sitc Visit. and a tinal rcport summarizing observations, Scrviees complctcd during this program will he eonduetcd in a diseretc manncr and will be kept eonlidential. Only those with direct interests inlhe project will he inlormcd of the results of this report. Additionally. lindings in this Report arc valid only for the date of completion of the Report. Any third party, neyond thc Lender, using this Rcporl, or dala eontaincd in this Rcport. allcr the date of the Report docs so solcly althcir own discretion und risk, CQS Ine, will provide the following specilie Scope of Scrviees Illr the Proposed Westwood llills Devclopmentloeated on Valley Street. S, R, 1004, EustPennsnoro Township, Cumnerland CG:mty. PA: I, Meet with the client or assigns, to discuss the Project, revicw the property noundarics. und ontain additionallile information that muy be relcvant to the Site und adjoining land, 2. Review available rceords/doeuments and intcrview relevant persons when possible, Due to time limitations. some interviews/inlormationmay be included in addendum sent to the client at a laller date, Documents to be reviewed include: USEP A Region Three Files. Pcnnsylvania Dcpartmcnt of Environmental Resourecs liles, United Stutes Geologic Service Aerial Photographs and othcr liles that may bc deemed relevant ny personncllrom CQS. lne, 3, Conduct one site visit. During this visit u Sitc Walk Through will be conducted, A Site Characterization Workshcet will be completcd, datu will be collected and pertincnt observations relative to the condition of the environmcnt will bc reeordcd, NOTE: Should lield observations or review of Site or Regulatory history indicate evidence ofa possible release of hazardous muteriuls, the presence of contaminated uir. soil, and/or ground water at the Site. or on udjuecnt Sitcs. thc clicnt will bc notilicd immcdiately so lhat the scope o I' services, schedule, und budget lor the asscssmentmay be modilicd uccordingly, While containing most of the clements of an ASTM Phase Onc Property Asscssmcnt, this Project will/wI bc conductcd in the exuet manner of an ASTM Environmcntal Property Assessment. { ,/h/i,j '-1 . P"!!l' I \\11 of l'I\'l' IIXI.HC 4, A linal report will he prepared containing ohservations relating 10 the apparent l'n\ironnwntal condition of the Site, The report will include a description of Site conditions encllllJ1lered. areas thai have been impactcd. a summary of rccord/documcnts reviewed. analysis of thc data collccted. the condition of the Site. ,lI1d an opinion hy ('QS, Ine, with regards to additional d.lla needs, This opinion will be rendered in accordance with generally accepted industry standards. hut is not to he construed as guarantee or warranty as to the potentialliahility associated with environmenlUl conditions or impacts HI the Site, We accept responsibility lilr the competent perlimn:lJ1ce of our duties in executing the limited assignment, and lilf preparing this report in accordance with normal standards of the industry, but disclaim any responsibility li,r consequential damages heyond the costs of the study itscl/: The report and opinion will be hased solely upon thc services describcd hercin, and will not he based on scicnlilic tasks. such as soil or ground watcr sampling, or proccdurcs bcyond the scope oflhe dcscrihed services, or timc constraints imposed hy the client. All services will be performed in accordancc with CQS Inc, general tcrms and conditions, which arc attachcd and incorporatcd into this agreement by reference, See Attachmcnt I, COi\1PENSA TIO:'>; Compcnsation lor the services provided under this agreement will he on a time and materials basis in accordance with CQS Inc, hourly ratc in e/lect atlhe time the services arc perlimned, The estimated fce lor the services described in Tasks 1 through 4 ofCQS Inc, Scope of Services is estimated to be $1,500,00 (See Attachment I,) Client will be notilied of any conditions requiring an increase in the budgct estimate as soon as such conditions become evident. This budget estimate assumes that Client, or their assigns, will provide sile entry. title deed abstracts. blueprints. elc, This budget will be honored for a period oDO days aller the date of this proposal. l'aJ',l' I,our or !-iH' 'mlH' \lIl1r1I11H'1I1 I Eslillllllrd ('usls D.e~erip1i\!.lI I "'ur~ l\l~l per lIour lo.lu1 Meetings 1.0 $75,00 $75,00 Reeord/doeullIent review (',0 $75,00 5450,00 Interviews 1.0 $75,00 $75,00 Site walk-through 5,0 575,00 5375,00 (Two representatives orcQs, Ine,) Report preparation (',0 $475,00 Mise, costs NA $il!Jlli (Mileage. copies, IiIIll & processing, ete, TOTAL ESTDIATED I'RO,IECT COST ~ SI,:;OO.OO TRRMS: I' A Y ABLE UPON RRCF,II'T OF RRI'ORT ],5% Interest Added Aller 30 Days hI.' oll-oll' 'J7IIl(' IlISC'1. \1'11-'1( Thc inlimnation in this rcport is givcn in rcsponsc lolhc limilcd assignmcnt, and should he cvaluatcd ami implcmcnlcd in lighl oflhis Iimitcd assignmcnt. II is undcrstood by all partics thatlhis Projccl is nol an Environmcntal Propcrty Asscssmcnt according 10 currcnl ASTM Standards and/or Guidclincs, Wc accept responsibility li,r thc eompclcnt perliJrlnanec of our dUlics in cxccuting the limitcd assignment, and lin preparing Ihis report in accordance with normal standards of the industry, but disclaim any responsibilily lilr eonsequcntial damages in excess of the I~es charged, Suhmiucd by: }/,'Zv-<J -:JLL'':-:,";<../~-,:,.~_ David II. Graham, Project Manager CQS.tne, Olfico; 1.717,540,7965 FII" 1,717,540,7968 1.800,ROCK. TEST 3002 Herr Stroel Harrisburg, PA 17103 EARfH MATERIALS MANAG[MFNf & TEStlNn STATEMENT September 31,1998 TO: Mr, Donald Erwin RD #1, Box 368 Palmyra, P A 17078 #98133C Ulltl:. lkscrilltilln AnuulD.1 06/15/98 Environmental Property Assessment (Westwood Hills Subdivision) 51,707.58 06/25/98 Site Visit regarding drum removal 5239.08 Subtotal = 51946.66 07/31/98 Interest 529.20 08/31/98 Interest 529.64 09/31/98 Interest 530.08 Ilahmcc Due = $2,035,011 PLEASE PAY LAST AMOUNT IN COLUMN ~ nRMS: Due Upon Receipt of Report 1.5% Interest Added Per Month After 30 Days t:y/J-IfJ If " ,/?