HomeMy WebLinkAbout00-06328
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IN THE COORl' OF Cl::IH:N PLEAS !OR CUMBEKLAJID COONTY, PENNSnvmnA
CIVIL DIVIS:ICN
PRAECJ:PE TO SETTLE. SA!rJ:SliY. D:ISCCNrINUE
THERMAL CIM SERVICES. INC.
Plaintiff (s)
CASE: 00. ~lD' '-' oo.g
MECHANICS' LIEN DOCKET NO.
PAGE 00-6328 MLD TERM
vs.
PENNSYLVANIA DUTCH CO., INC.
Defendant(s)
VS. .
Addi tianaJ. Defen::lant (s)
TO THE~:
Please !lI8rk the above matter settled, ended, cIisoantinued and. costs paid.
M
Please !lI8rk the above matter
THIS MM'l'ER WllS INDEXED ita THE ~:
A%bi.tration Award (elate)
Default Judgment (elate) William
1131724
Lis Pendens (elate)
other (elate) Mechanics' Lien Sept. 15, 2000
Att:omey for Defen::lant(s)
Atto:rney for
N:1.l'E: Signature of Defendant(s) Counsel, hXli.tionaJ. Defen::lant(s) Counsel ~ if case has an
J\ddi.tionaJ. Defendant, Countercla.i.m or Crossc1aim(s).
DIsa::NrINOlIN:E =.l.JfJ,C1I!l'E
AND N::W, Dr.. m bi("" 5. ;} fJrJt)
suit has been marked as above c!iJ:ected.
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,SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06328 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THERMAL C/M SERVICES INC
VS
PENNSYLVANIA DUTCH CO INC
RICHARD SMITH
Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF FILING OF
was served upon
PENNSYLVANIA DUTCH CO INC
the
OWNER
, at 0014:35 HOURS, on the 2nd day of October ,2000
at 1250 SLATE HILL RD
CAMP HILL, PA 17011
by handing to
KEVIN SILVA
a true and attested copy of NOTICE OF FILING OF
together with
MECHANICS' LIEN, MECHANICS' LIEN CLAIM
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.68
.00
10.00
.00
36.68
sO;~~~~~~i
R. Thomas Kline
10/04/2000
APPEL & YOST
Sworn and Subscribed to before By:
me this
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day of
0~ ,1/Tv-O A.D.
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P othonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION ~ LAW
THERMAL CIM SERVICES,INC.:
vs.
MECHANICS' LIEN DOCKET NO.
PAGE CO - 1.:.3:Ji> fY2(!) . /~
PENNSYLVANIA DUTCH CO,
INC
MECHANICS' LIEN CLAIM
Thermal CIM Services, Inc. a Pennsylvania Corporation, files
this lien against Pennsylvania Dutch Co., owner or reputed owner,
and against all materials and supplies, and the improvements
described herein and against all curtilage appurtent thereto, for
the payment of a debt due to Claimant as a contractor in the
supplying of construction management services and on-site
construction supervision forming an integral part of said
improvement, and Thermal clM Services, Inc. makes the following
statement of its claim:
1. The name of the party Claimant is Thermal CIM Services,
Inc., a Pennsylvania corporation, having an office at 1857
William Penn Way, Suite 200, Lancaster, Lancaster County,
Pennsylvania, 17601. The Claimant files this claim as a
contractor, having contracted with Pennsylvania Dutch Co. Inc.
for the services hereinafter described.
~""."""
2. The name of the Owner or Reputed Owner is pennsylvania
Dutch Co., Inc., a Pennsylvania Corporation having an address of
1250 Slate Hill Road, Camp Hill, Pennsylvania.
3. The date on which Claimant completed the work for which
claim is made was June 30,2000.
4. The services hereinafter referred to were done and
furnished pursuant to a written contract entered into in or about
February 16, 2000, whereby Owner, Pennsylvania Dutch Co., Inc.,
ordered and agreed to pay for various services. Copies of the
Claimant's invoices showing the amounts due and the materials
purchased are attached hereto as Exhibit "A."
5. Pursuant to the aforementioned contract, Claimant
supplied the services on the invoices attached hereto as Exhibit
"A" including, but not limited to, construction management
services to supervise on-site construction work for plant
consolidation.
6. The total amount remaining due and owing for the
services performed by the Claimant is Fifty Seven Thousand Four
Hundred sixty five and 00/100 ($57,465.00) Dollars.
7. The aforesaid services were furnished in connection
with improvements which are an integral part of the real estate
owned by pennsylvania Dutch Co. Inc. located at 1250 Slate Hill
Road, Camp Hill, Cumberland County, Pennsylvania, more fully
described in Exhibit "B," hereto attached.
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8. This lien is claimed from January 7, 2000 the date of
visible commencement upon the premises of the work for
constructing the improvements and against the aforesaid
improvements and all land appurtenant thereto.
BY:
wi liam
Attor
Attorn
33 North Duke
Lancaster, PA 17602
(717) 394-0521
APPEL & YOST
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF LANCASTER
f.\Oe,F-~T 4~1\4F-\ HEi-R.., being duly affirmed according to
law, deposes and says that he is pp,E;. SID EN, , Claimant
in the foregoing Mechanics' Lien Claim, and that the facts set
forth in the foregoing Mechanics' Lien Claim are true and correct
to the best of his knowledge, information and belief.
Affirmed to and subscribed
,
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GW~
before me this .L "j +fJ
day of f-L)b USt 2000.
OJ/PO '_ 'cR. bAR lk ft)
Notary Public
Lancaster, Lancaster County
. NotarialSea)
AliceL. Boettner. ~I)' Public
East HeirIPfle!d TWP.... La.tsrCOl!nlv
My GomIllissIOl1 EJcpires5epl. 9.200f
Member. Pennsylvania AssocialiOA 01 Notanes
4
In
II
08/23/00 15: 07
'6'717 291 4401
WEBBERISMITH
THERMAL CIM SERVICES. INC.
DeslgnIBulld and Coll5frUctlon Management
Invoice
THe WARRELL COMPANY
ATTN: MR. RICHARD BILLMAN
1250 SLATE HILL ROAD
CAMP HilL PA 17011
141002
June 5, 2000
project No; 0615601
InVOice No: 0001369
. ! T""",,; Not 30 d8y$ .
Project: 0815801 PENN DUTCH CO., INC.
CONSTRUCTION MANAGEMENT SERVICES FOR YOUR FACILITY IN CAMP HILL. PA
Professional Services: AIlril29. 2000 throUGh MaY 26. 2000
Fee
Phll$e
ENGINEERING
CONSTRUCTION MGMT.
Total F....
Outstanding Invoices
Number
0001362
Total
Billings to date
Fee
TotalS
Fee
138,000.00
125.000.00
263,000.00
Percent
Complete
95.00
90.00
Total Earned
Previous Fee Billing
Current Fee Bilnn9
Total Fee
Date
5/4/00
Balance
56,350.00
66,360.00
Current
44,450.00
44,450.00
Prior
199,150.00
199,150.00
1857 William Penn Way. Suit. 200. lancastor. PA 17601
717/39206927 FAX 717/392-8695
C' I~ '" -~; ,/1
CXn, hi
Earned
131.100.00
112.500.00
243,600.00
199.150.00
44,450.00
44.450.00
Total this involce
544,450.00
Total
243,600.00
243,600.00
08123100 15:08
'a717 291 4401
WEBBERISMITH
.r THERMAL elM SERVICES,INC.
Deslgtr/8u1ld Bnd eonsttuctlon M.flBgement
Invoice
THE WARRELL COMPANY
ATTN: MR. RICHARD BILLMAN
1250 SLATE HILL ROAD
CAMP HILL PA 17011
141003
June 16, 2000
Project No: 0815801
Invoice No; 0001380
l!.~~ Nel30 days !
Projaet: 0815801 PENN DUTCH CO.. INC.
CONSTRUCTION MANAGEMENT SERVICES FOR YOUR FACILITY IN CAMP HILL, PA
Professional Services: Mav 27. 2000 throuGh June 15, 2000
Fee
Phase
ENGINEERING
CONSTRUCTION MGMT.
Total Fee
Percent
Complete
98.00
95.00
Total Eamed
Previous Fee Billing
Current Fee Billing
Total Fee
Fec
138,000.00
125,000.00
263,000.00
Outstanding Invoices
Number
0001369
Total
Date
6/5/00
Balance
44,450.00
44,450.00
Billings to date
Current
10,390.00
10,390.00
Prior
243,600.00
243,600.00
Fee
Totals
1857 Williem Penn Wey. Suite 200. LenCO$\er. PA 17601
717/392-6927 FAX 717/392-8695
II
Earned
135.240.00
118,750.00
253.990.00
243,600.00
10,390.00
10.390.00
Total this invoice
$10,390.00
Total
253,990.00
253,11110.00
08/23/00 15:08
'0'717 291 4401
WEBBER/SMITH
A.
....r THERMAL elM SERVICES. INC.
Design/Build and Construction Management
Invoice
THE WARRELL COMPANY
ATTN: MR. RICHARD BILLMAN
1250 SLATE HILL ROAD
CAMP HILL PA 17011
July 10,2000
Project No: 0615801
Invoice No: 0001385
renno, N~ ~.days I
Project: 0815801 PENN DUTCH CO., INC.
CONSTRUCTION MANAGEMENT SERVICES FOR YOUR FACIUTY IN CAMP HILL, PA
Professional Services: Mav 27. 2000 throuah June 3D, 2000
Fee
Phase
ENGINEERING
CONSTRUCTION MGMT.
T alai Fee
Percent
Complete
100.00
100.00
Total Earned
Previous Fee B~llng
Current Fee Billing
Total Fee
Fee
138,000.00
126,000.00
263,000.00
Outstanding Invoices
Number
0001369
0001380
Total
Date
6/5100
6/16/00
8111am:e
44,450.00
, 0,390.00
54,840.00
Billings to date
Current
9,010.00
9,010.00
Prior
253,990.00
263,990.00
Fee
Totals
1857 Willio>m Penn W!rf, Suite 200, Lancaster. PA 17601
717/392-6927 FAX 717/392-8695
i I
Earned
138,000.00
125,000.00
263,000.00
253,990,00
9,010.00
Total this Invoice
Total
263,000.00
263,000.00
"'i
Ig)004
9.010.00
$9,010.00
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'77/174
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ROBERT P. ZIEGLER
REOOROER OF OEEDS
CUMBERLAND COUNTY-PA
'99 OCT 8 Al'110 39
. DEED
Tax Parcel No. 13-25.Q020.Q56
THIS INDENTURE, made Ihe L day of(3c~. in the year
Nineteen Hundred Ninety-Nine (1999).
BETWEEN ICElAND SEAFOOD CORPORATION, a Pennsylvania corporation, having an
office at 190 Enterprise Drive, Newport News, Virginia 23603, hereinafter referred 10 as
"Grantor"
AND
PENNSYLVANIA DUTCH CO., INC., a Pennsylvania corporation having an office at 408
North Baltimore Avenue, Mount Holly Springs, Pennsylvania 17065, hereinafter referred 10
as "Grantee",
WITNESSETH, That said Grantor,. for and in consideration of the sum of Three
Million Nine Hundred Fifty Thousand Dollars ($3,950,000.00), lawful money of the United
Stales of America, well and truly paid by the said Grantee to the said Grantor, al and before
the sealing and delivery of these presents, the receipt whereofis hereby acknowledged, has
granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these
presents does grant, bargain, sell, allen, enfeoff, release, convey and confirm unto the said
Grantee, its successors and assigns:
All THOSE lWO (2) CERTAIN TRACTS of land siluale in lower Allen
Township, Cumberland County, Pennsylvania, more particularly bounded and
described as follows:
TRACT NO.1
BEGINNING at a spike in the center of Slale Hill Road al the
southeastern corner of a tract of ground previously conveyed by lena G. and
Kenneth K. Hart to Country & Town Developments, Inc.; thence along the
center line of Slate Hili Road South 42 degrees 20 minutes East a distance of
525.90 feet to a point ,on the right-of-way line now or formerly of the Reading
Railroad Company; thence along ,the right-of-wa)' line of the Reading Railroad
Company the {allowing eight (8) courses'and distances: (1) South 27 degrees
01 minute Wesll00 feet, (2) South 23 degrees 57 minutes West 100 feet, (3)
South 20 degrees 53 minules West 100 reet, (4) South 17 degrees 40 minules
lUllU.1
.800~ 209 r.IGi 503
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West 100 leet, (5) South 14 degrees 25 minutes West 100 fee~ (6) South 11
degrees 16 minutes West 100 feet, (n South 96 degrees 14 minutes West 100
fee~ and (B) Soulh OS degrees 23 minutes West 7S.39ree~ thence along olher
lands now or formerly of lena Gertrude Hart North 89 degrees .09 minutes
West a distance of 445.49 feet to a point; thence tontinuing along other lands
now or formerly of Lena Gertrude Hart the fQllowing (3) courses and distances:
(1) North 00 degrees SI minutes East 274.19 lee~ (2) North 1B degrees 59
minules East 157.91 feel and (3) North 21 degrees 54 mlnules West 142.66
(eet to a point at the comer of lands formerly of .Country & Town
Developments, Inc.; thence along said land~ formerly of ~9untry & Town
Developments, Inc. the following five (5) courses and distances: (1) North 16
degrees S9 minutes West 112.89 feet, (2) North 19 degrees 51 minutes East
26.71 lee~ (3) North 36 degrees 29 mlnutes.EasI 142.64 lee~ (4) North 29
degrees 21 minutes East 101.9Bleel, and (5) North 40 degrees 40 minutes East
300 leet to a spike in the middleolSlale Hill Road, Ihe place 01 BEGINNING.
TRAcr NO.2
BEGINNING at a point on the Conrail right-of-way line at a concrete
monument at the southeastern corner of land now or formerly of Iceland
Seafood Corporation; thence along said right-of-way line by the arc of a cUlve
to the len having a radius 01 1946.5B lee~ an arc distance 01212.57 feet to a
point; thence North 89 degrees 05 minutes West through lands now or
formerly 01 Kenneth K. and louise S. Hart a distance 01 679.97 feel 10 a point;
thence continuing through lands now or (ormerly' of Kenneth K. and Louise S.
Hart North 00 degrees 51 minutes east '-1 BAD leetto a concrele monumen~
thence by an arc of a curve .~o the right ~av!'ng~ it radlu's of 230 feet, an arc
distance of 9B.62 leet to a poin! In the righ!-ol~y. \Ine of. ~enn.ylvanla Power
& light Company; Ihence North..25 degrees25, minutes East a distance of
227.39 feet to a concrete monument; thence by.an:arc of a curve to the left
with a radius of302;B7 lee~ an arc distance 01270.0Heeno apoint on line 01
lands known as Rossmoyne M;lnor (Iormerly Country & Town Homes); thence
along lines of Rossmoyne Manor "North 55 degrees 20 minutes East a distance
of 147.23 feet to a point on line of lands or fonnerly of Iceland Seafood
Corporation; thence along lands now or formerly of Iceland Seafood
Corporation the follOWing (3) courses and distances: (1) South 21 degrees 54
minutes East a distance of 142.66 feet to a' concrete monument, (21 South 18
degrees 59 minutes West a distance of 157.91 feet to a concrete monumenl,
and (3) South 00 degrees 51 minules West a distance 01 274.19 leetto a point;
thence South 89 degrees 09 minutes East a distance of 443.26 (eet to a
concrele monument, the place of BEGINNING.
nOOK 209 1'/,", 504
BEING lot No.1 on the Subdivision Plan prepared for Kenneth K. Hart
dated January 8, 1979, and recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Plan Book 35, Page 50.
HAVING thereon erected certain commercial and industrial buildings.
BEING lhe same premises whic~ Cumberland County Industrial
Developmenl Authority, by ils deed daledJuly 6,1994 and recorded July 12,
1994 in the Office of the Recorder of Deeds in and for Cumberland County in
Record Book 10B, Page 367 gran led and conveyed unlo Iceland Seafood
Corporation, Grantor herein.
UNDER AND SUBJECf to zoning regulations, ordinal:1ce5, easements,
building and other restrictions, privileges and rights of public selVice
companies, rights of way, reselVatlons, and protective covenanls of record and
those visible on the subject premises, and subject to all agreements or like
matters of record or visible on the premises, and subject to all rights and
ownership in the public in roads, streets and highways, whether or not
opened.
TOGETHER with all and singular the buildings and improvements, ways,
streets, alleys, driveways, passages, waters, water<ourses, rights, liberties, privileges,
hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging,
or In any wise appertaining, and the reversions and remainders, rents, issues and profits
thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, of the
said Grantor, as well at taw as in eql:lltY, of, in and to the same.
TO HAVE AND TO HOLD the said tracts or parcels of land, above described,
with the building and Improvement thereon erected, hereditaments and premises hereby
granted, or mentioned.and intended so to be, with the appurtenances, unto _the said Grantee,
its successors and assigns, to and for the only proper use and behoof of the said Grantee, its
successors and assigns forever.
AND the said Grantor, for itself, its successors, executors. and administrators
does covenant, promise and agree, to and with the said Grai1~e,~ Its'. successors and assigns,
by these presents, that the said Grantor, and its successorS, and assigns, all and Singular the
hereditaments and premises hereby granted, or mentioned and intended so to be, with the
appurtenances unto the said Grantee, its SUCce5S0TS and assigns, agalost the saId Grantor, its
successors and assigns, and against all and every other person or persons, whomsoever,
lawfully claiming or to claim the same or any part thereof, by, (rom or under him, her, them
O'UOK 2G9 r~", 5(;5
ty
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or any of them, Shall and Will, subject as aforesaid, by these presents, WARRANT AND
FOREVER DEFEND.
IN WITNESS WHEREOF, the said Grantor, has caused this Deed to be
executed the day and year first above writte~;
GRANTOR:
ICELAND SEAFOOD CORPORATION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C u ~ \'-<.1' l~_ ~ )
On this, the ~ day of O...'I'al.,..r . 1999, before me,.the undersigned
officer, personally appeared John Williams, who acknowledged himself to be the Vice
President of Iceland Seafood Corporation, a Pennsylvania corporation, and that he, as such
Vice President, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing the name of the corporation by himself as Vice
President.
55:
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
..d,
RCIUlTG.I'UY.NOT.un'~A
CAlIUsu. CUMBERLAHDcQUn. "
wtCOMMlSlIOHElCPRlREIoIUHEJ,2llll2
My:,Commlsslon Expires:
(SEAL)
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CERTIFICATE OF RESIDENCE
I hereby certify that the predse residence of the Grantee herein is as follows:
Pennsylvania Dutch Co., Inc.
408 North Baltimore Avenue
Mount Holly Springs, PA 1706S
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
RECORDED in the Office of the Recorder of Deeds, in and for said County, in
Record Book~ Page~
WITNESS my hand and official seal this ..1... day of Ad- . 1999.
. Recorder of Deeds
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
THERMAL CIM SERVICES,
INC.
MECHANICS' LIEN DOCKET NO.
vs.
PAGE 00-6328 MLD Term
PENNSYLVANIA DUTCH CO.,
INC.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
)
)
)
SS:
COUNTY OF LANCASTER
I, William J. Cassidy, Jr., of Appel & Yost LLP, attorneys for the Plaintiff, being duly
affirmed according to law, depose and say that on October 2, 2000, the Sheriff of Cumberland
County, at my request, served the Notice of Filing of Mechanic's Lien, along with a time-
stamped copy of the Lien, which service was made upon the owner of Pennsylvania Dutch Co.,
Inc., at 1250 Slate Hill Road, Camp Hill, Pennsylvania. A copy of the Notice of Filing of
Mechanic's Lien and the Sheriff's Return are attached hereto.
Affirmed to and subscribed )
)
before me this / :3 11 )
)
day of 00.10 be;- 2000)
j), ~li9uj
~otary Public
Lancaster, Lancaster County
w
My commission expires:
Cynl Notarial Seal
t1tth/a A. Delorle, Notary Public
M Co ncas~r, Lancaster County
. Y mml.S1on Expires May 26, 2003
m r, nsylvanlS Association 01 Notaries
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SHERIFF'S RETURN - REGULAR
..
CASE NO: 2000-06328 P
,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THERMAL C/M SERVICES INC
VS
PENNSYLVANIA DUTCH CO INC
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF FILING OF
was served upon
PENNSYLVANIA DUTCH CO INC
the
OWNER
, at 0014:35 HOURS, on the 2nd day of October ,2000
at 1250 SLATE HILL RD
CAMP HILL, PA 17011
by handing to
KEVIN SILVA
a true and attested copy of NOTICE OF FILING OF
together with
MECHANICS' LIEN, MECHANICS' LIEN CLAIM
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.68
.00
10.00
.00
36.68
so;;~~(
R. Thomas Kline
10/04/2000
APPEL & YOST
Sworn and Subscribed to before By:
me this
day of
A.D.
Prothonotary
, I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THERMAL CIM SERVICES,
INC.
MECHANICS' LIEN DOCKET NO.
vs.
PAGE 00-6328 MLD Term
PENNSYLVANIA DUTCH CO.,
INC.
NOTICE OF FILING MECHANIC'S LIEN CLAIM
TO: Pennsylvania Dutch Co., Inc.
1250 Slate Hill Road
Camp Hill, P A 17011
Take notice that I filed a Mechanic's Lien Claim against your interest in real estate
located in Lower Allen Township, County ofCumberllmdand Commonwealth of Pennsylvania,
known as 1250 Slate Hill Road, Camp Hill, Pennsylvania 17011; said Lien is filed in the Court
of Common Pleas of Cumberland County, Pennsylvania, Mechanics' Lien Docket No. Page 00-
6328 MLD Term and was filed on the 15th day of September, 2000.
A copy of the claim is attached hereto.
APPEL & YOST, LLP
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By:'vu
William J. C s y, Jf.
Attorney I.D. No. 3172
33 North Duke Street
Lancaster, PA 17602
(717) 394-0521
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