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Home My WebLink About01-04247 HAROLD S. IRWIN, 111, ESQUIRE SUPREME COURT ID NO 29920 $5 EAST NIGN STREET CARLISLE, PA 17015 717-243-0090 ARCHITECTURAL DESIGNS, INC. Subcontractor v. CHURCH OF GOD HOME, INC. and KOLB 8~ ASSOCIATES, Owner and Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MECHANIC'S LIEN CLAIM Mechanic's Lien Claim by Subcontractor Michael Christoffersen, president of Architectural Designs, Inc., of 3466 Stellhorn Road, Ft. Wayne, Indiana 46815, files this claim for the sum of $75,425.23, plus service charges and plus interest at the rate of 1.50% per month from March 15, 2001, and costs of this matter, against Church of God Home, Inc., owner, and against all those certain improvements known as Church of God Home, Inc., located at 801 North Hanover Street, Carlisle, Pennsylvania 17013, more particularly described in the deed, a copy of which is attached hereto as Exhibit "A"and incorporated herein by reference, for certain architectural design services performed in and about the original erection and construction of improvements and additions to said property and makes the following Statement of his demand: 1. The name of the party claimant id Architectural Designs, Inc., and it files this claim as subcontractor. 2. The name of the owner of said property at the time of the furnishing of the labor and the attaching of the lien therefor is the aforesaid Church of God Home, Inc., located at 801 North Hanover Street, Carlisle, Pennsylvania 17013. 3. The date of completion of the claimant's work was March 15, 2001. 4. The kind and character pf the labor furnished by the claimant and the prices charged therefor is as set forth in claimant's invoices numbered 680, 703, 729 and 770, copies of which are attached hereto as Exhibit "B". 5. The principal amount claimed to be due is $75,425.23, plus service charges and interest in the amount of 1.5% per month from March 15, 2001, and costs of this matter. 6. The labor furnished in and about the original erection and construction of said building were according to a certain written contract between Kolb & associates, the general contractor, and the said Architectural Designs, Inc., the claimant, entered into on or about July 1, 2000. 7. The furnishing of said labor and architectural design services commenced thereafter and the principal balance of $75,425.23 claimed to be due on the contract price is as agreed upon by the contractor and subcontractor for the furnishing of said services and furnished to and supplied for and towards the original erection and construction of and on the credit of the said building continuously through March 15, 2001, in accordance with and in fulfillment of the said contract. The lien is against the fee and is claimed from March 15, 2001. 8. The claimant has made repeated requests of the general contractor for the payment to the claimant of the principal sum of $75,425.23, plus finance charges and interest, due to the claimant on said contract, with which requests the general contractor has ignored and refused to comply. 9. The claimant also served written notice on Church of God Home, Inc., the owner of said premises, dated May 17, 2001, and delivered on May 19, 2001, advising the owner that if the aforesaid principal balance of $75, 425.23, and accumulated finance charges and interest was not paid to the claimant, a mechanic's lien would be filed against the owner and the premises as aforesaid. 10. The total sum to be paid to~the claimant by the Church of God Home, Inc., the owner, and / or Kolb & Associates, the general contractor, under the terms of the contract, up to an including March 15, 2001, for the furnishing of said architectural services and labor was $75,425.23. Nothing has been paid on account thereof and the full amount of the principal balance, plus finance charges and interest at the rate of 1.5% per month from march 15, 2001, is still justly and legally due and owing to the claimant, Architectural Designs, Inc. The claimant therefor claims to have a lien upon the said premises and building as hereinbefore described for the amount of the claim, the balance now due, the said sum $75,425.23, plus finance charges and interest at the rate of 1.5% per month from March 15, 2001, and costs of this matter. July ~l~', 2001 HAROLD S. IRWIN, I Attorney for Claimant 35 East High Street Carlisle, PA 17013 (717)243-6090 Supreme Court ID No. 29920 Verification I verify that I am the president of Architectural Designs, Inc., that I am authorized to make this verification and that the facts contained the foregoing Mechanic's Lien Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unsworn falsification to authorities. July CZ , 2001 MICHAEL CHRISTq FERSEN President, Architectural Designs, Inc. Claimant EXHIBIT "A" •l/wliCJ.~~` Sannol Dlat Comb. Ca, Po. ~.%aeelEnsra TromMTaa ~ Datot'sf-fJ Amt. ~, 337•,5. Cuml. Ce. mat. Col. Apt. THIS DEED, Ratattptd ~^'"r.Cta~tY ~. Co. K 1%RwlEaaeaAarrArAa omr''rn •~~3r- 37_J~ Cunt. W DYC Ca6Ay1, qs MADE THE 16th day of May in the year of aw Lord ont thousand niu hundred eighry •nine (7989). ' BETWEEN NICHOLAS C. MALLEOS and LINDA L. MALL[OS, husband end wife, of 850 Nonh Hanovar Street in the Borough of Carlisle, Cumbarland County, Pennsylvania, parries of the first part, Cmnrors, and THE CHURCH OF GOD HOME, INC.. a non•protit corporatlon organized and existing under the laws of the Commonwealth of Pennsylvania having its otfitt at BOI Harisburg Pike in NoM Middleton Township, Cumberland County, Pennsylvania, with mailing address of 801 Harisburg Pike, Carlisle, Pennsylvania 17013, pang of the second part, Grantee: WITNESSETfI, that to cansideradort of One and no/100------------•---------------- in hardpaid, the receipt whereof fs hereby aeknawfedged, the saidgmnrors do convey ro the saidgranree, its successors and assigns, ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Carlisle, formerly, prior to annexation, in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right-of-wey line of Pennsylvania State Highway (TraRc Route U.S. I I) commonly known as the Carlisle-Harrisburg Pike, said point being Two Hundred Fifteen (215) fee[ from s wncrcte monument set on the southeasterly side of said public road; thence South 55 degrtts West One Hundred Fifty-five (155) feet to a point thercr. South 34 degrees 43 minutes 30 xconds East Four Hundred Ninety-seven and Twenty-six Hundredths (497.26) feet along the line of propeny now of the Church of Gad Home to a point; thence Nonh 60 degrces 03 minutes 30 seconds East One Hundred Fifty-eight and Seventeen Hundredths (158.17) feet to a point; thence Nonh 35 degrces West Five Hundred Eight and Ninety-one Hundradths (508.91) feet along the line of Harvon, Inc., [o tha point and Place of DEGINNING. SU-JECT, however, to a ewer line right•of--wey 20 feet wide along that potion of the southem described boundary. - SUBJECT FURTHER, nevertheless, to easements and restrictions, visible or of «eord, and including the following; a) Public and private rights in the roadbed of U. S. Route 11, known as Hanisburg Pike or North Hanover Street. b) Rights set forth in deed raorded in the hereinafter named Recorders Offitt in Deed Book "T", Volume 5, Page 573. c) Building and use restrictions xt fonh in deed rctmrded in the hereinafter named Recorder's Ott in Decd Hook "E", Volume 23, Page 888. d) Rights conveyed by Ruben M. Becker Motors, inc., ro Borough elf Carlisle by instrument dated Tune 17, 19b6, and recorded Iutx l8, 1468, in the hereinafter named Recorder s Office in Deed -oek "U", Volume 22,.Page 918. Parties of the first part do eaprcssly except and reserve to themx]veR their heirs and assigns, and to their successors in title to property known as Sunnyside Restaurant situate at the northeastern comer of the intersection of Harrisburg Pike and Media Road in the Borough of Carlisle, Cumberland County, Pennsylvania, known as and numbered 850 Nonh Hanover Shut, Carlisle, Pennsylvania 17013: g70I~+}t PALE a) Parking spaces for 45 automobiles on the above•described premises so long as a restauram remains in the present location m 850 Noah Hanover Strctt, Carlisle, Pennsylvania, which 45 parking spaces shall be readily accessible to North Hanover Street or fiarrisburg Pike and shall be tceated wtthin the tract of land above-described, provided that the right to use of such parking spaces shall terminate when the use of said prcmisei for a restaurant shalt have been abandoned or upon parties of the firs[ part or the successor owner of a restaurant at 850 North Hanover Socet. Carlisle, Pennsylvania, obtaining 60 or mom additional parking spaces for use by such istaumnt in addition to the 74 parking spaces which are presently available to the owner of Sunnyside Restaurant which number of presently available spaces does not include the parking spaces afforded by the premises which are the subject of this Deed, the termination of which rights shall occur on the happening of either of the above•menrioned events, whichever shall fnst occur. b) So long as the parking rights referred to in subparagraph "a)" above are operative, the holder of such rights shall have the privilege of erecting a sign on the premises for the purpose of indicating the availability of the puking spaces reserved for use as set Forth in subparagraph "a)" above, which sign shall be substantially similar to the existing double-faced pole•mounted sign erected on the premises. c) Party of the second pan agrees that it will not object and will consent to the granting by the Pennsylvania Liquor Control Board m suceessor govemtttental agency of a license for the sale of alcoholic beverages on any real estate owned by panics of the first pan or in which panics of the first part have arty interest therein either in their own right or through stock ownttship of a corporation, which real estate mny lie within t,00f1 Ccet of pmpeny of party of the second pan. So long as the parking privilege referred to in subparagraph "a)" above remain operative, parties of the first pan or their successors in title to said Sunnyside Restaurant at S50 North Hanover Street, Carlisle, Pennsylvania, shall have a right of trst refusal to repurchase the premises which arc the subject of this Deed on such terms and rnnditions as psny of the second part may be willing to sell and rnnvey the same, and shall have thirty (3W days after written notice of such terms and conditions to accept or reject the same, and if such premises arc rejected by parties of the first part and not in fact conveyed on the offered terms and conditions to a third party, then this right of first refusal shag agora be operable. TITLE to the property herein conveyed was acquired by deed from Robert M. Becker, Minors, Inc., a Petmsylvania cmporation, dated January 24, 1979, and recorded January 30, 1979, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "G", Volume 28, Page 715. to Nicholas C. Mallios, who with his wife, Linda L. Mallios, ate the Grantors herein. THIS txrnveyamtx is made in execution of the Agreement of Sale entered into by Nicholas C. Mallios artd wife with the within Grantee dated January 19, 1984, and recorded in the ebovo-mentioned Recorder's Otfa in Miuelianeous Record Book 292, Page 559. Illlill!ii!ICI ~ .; °1 a ~ z ~ I ~ _ en ,`moo ° m " Li \j l _ ~n '9 l- Q~ a ,~ ~ ,"n ~ W ~ ,a y n O%~T I 3ol ~ , ~~ G,u 8 l _ ~ ~ O M to :~ ~ , W ' y -' " i ix y N ~i t >A L ZYli:~ ~pg~4 FA4E '~ AND the said grwnrors hereby Covenant and agree rhar thry will [Rarranrgenemlly the property hereby comryed. IN WITNESS WNfiREOF, said grantors have hereunto set their hands and seals the day and y¢ar first above written. Signed, Sealed, Rnd Dr!lrered ~ (SEAL) In rhr Prerenre of Nicholas .Mallios rVln..l i'/R. }'r.[a_y VWI!: ~C. ~•,Y1~'!~ (SEAL) Linda 4 Mellios :a+r+i yA'II e~ 'AZ /•~• \TO 1 ~'Yd . ~ ~ali5 Stcreof Pennrylmnfa o } as. ~ t County of Cumberland ~ o~ n On rhla, the 78th o Ma ,1489, 8 ml~ "i'1"i '.i rsonall ~ f y before me, the undersl ntd o cer. '"' ~' pe y appeared Nicholas C Mailios and Linda G Maliios, husband and wife, known ro me (or sarfsjaeWrily provdn) robe the persont whore names are subscribed to the within Instmmenr, and ackrawitdg¢d dm[ They eseeu[ed the same for the purposes rhnein conmirred. 1N WITNESS iY/IEREOF, I hereunto set my hand and o~clal seal. ~,p~, ..•.~', NOIRRMI SFRI ,.;1 ROBFRI M fMY NOrAi11' RUBLn; ' frR[I$If BORO WMO[gµ000111RY YY CONY159NM fRNREa rUOUaf I6 1991 (~~~Ilii:gramee ¢ ~- a -~ a =~ ~ u-i z ^' z a.. _.l Y / Q ji ./n:iN . ~d~~~d u$I ~'~ ~~ ' .~ ~: ()' }•4'< V.] v... pYti:: PA of the wefhin Mey 78, 1989 r ~ rtorneyfor Gr rs eu K1.34 rkc¢ 780 .1 Ilv ntr.pN 4FC 4Df4Y USF ONIy O ~~ ~~ '''' 4 ~ 4 usn.r ^:~.~;L^ REALTY TRANSFER TAX ' ~75'!A COMMONWfm IN 011(NNSV1V1N11 N STAT ~ ? '_ EMENT OF VALUE UII.IIMINf OI Irv{NVf Iy, NynW ~~~% eVe11V qI INONIOVM }Atla D 10)1 OnICI'eOr Wt0 enl l,nr ,-Ti - ~~~- ..enunc,.n ula wlo _ ____ _ Saa Rsverae_for Inalructiom ~ _ _ ^. ,~,gi 4,9 Complms saah.eeien and Ide.n dapgmn wid Reader of Dndrwhen (I) rM lull mine/wmidamien is no, ,al lash.n Ihs deed, (TI .hen rM deed b .ilham mm~de.mion, er by gih, or (]lore. namplion is daim•d. A 8mamsnr d V•Ip• is nor required it the pander i, wholly u•mpr ham rgn bead an: I I I Ivmily ,eleliomhrp or ITI public meiry eowmnr. II mem ,peo is needed, enetA eddirianol )hen(al. • • I I NiMn 1Neohan N.rnMr: Mnrcus A, McKnight, III, Fsqufre A..e c.d.l 717 I 249-2353 -__-_.__ ' ' sJ.J ~em.,, Gq sml. Dp c.e. 60 rues[ Pomfret Street Carlisle PA 17013 n~Annram• May16. ]989 i - - •. ~ w~ - .h ae ralll.w I~ Ntcholes C, end Linde L. Malltos, h/w The Church of Cod Home, Inc. 850 North Ilenover Street ~- - _ - ~ 801 Herrisbultt Pike smN np Faa ou cIN ~.n zy ea. Carlisle, PA 17013 Carlisle, PA 17013 'e' l Tam Addrnn C.ry, M1w.Jsp, MwpF 849_ II_n_rrisburg Ptke Carlisle Boron h Cllmherlnnd Carlisle Area • a e .• 1. Aalwl a•hzem~aNnrmn~ z. ah.. c.neemmw ]. }eml c.nwvenn - 267,600.00 ~ -0- = 267,500.00 ~~ A,wn:d vdi.. .men Ind mN err.. e. raN m N 13x370.00 >< 10.53 ~ 140,786.10 • r• lu. Aineym al Fumpuw tlmmM Ib. Im.nmg• d Iminu Cen•ged T. Chao Appnpdm• Dan tMhlw M Ee•InpNee Chhlwd Will or lmnrme va<aden INS,.. -~ j~.mn-!w vi-iTj _~_.~. ^ lrendn ro Indenriel Desebpm•M Ag•ay. ^ Tremim re agar er nrew perly. IAnod espy el egongMrew pony agrnmenQ. ^ hendn Mlwnn printipd eld vg•m. IAna1h npy of ag•nglure. Irvp egranwml. ien poW Pder dwd 5 _ ^ hom5•n la d• Csmmemr•ehh, dw Ul:x•d LaN,, alyd InurumweEMa by gih, d•Staden, tend•mnegon er in Gw of tadmnedon. (Aneah copy d nroMianl. ^ Tnwdm from monpega ro v holder of a mangeg• io d•Feuh. hbngpge Eee4 Number , Pag• Number ^ Conenivl d•d IANeth tepY e1 IM prmr d..dl. ^ Smrolary <wpara• nnadidepan, m•pn a divirin. IAINIb mpy al vnid•al. ^ OdN (Plea. •npWin •nmpxian aleflned, E odwr den Mrod ebww) ~.._.. _ _____. Udder P•Iroida of ,Idelknrhalhaw oteenMdlFN Erox•m•n1,in<hrding atsmpanyhlg in/erme}hNl, endrorb Mar of my 4nwl•dg• oM b•IM1, N h , Isn• arld IemP e C pnnai ~ A DaN ' Ikcelrtier 29,1989 ISEE REVERSE) egg Fut 781 EXHIBIT "B" L Architectural Design's, Inc. 3466 Stellhorn Road Ft Wayne IN 46815 219-486-8858 BILL TO K & A Villages, Inc. P.O. Box 45 Goshen,IN 46527-0045 Inv®ice DATE INVOICE N0. 12/21/00 680 TERMS DUE DATE PROJECT NUMBER Due on receipt 12/21/00 200038 ITEM DESCRIPTION DATE QTY RATE AMOUNT 300 ClericaUPhones,Typing,Front Desk 0.28333 0.00 0.00 100 Plotting 2.38333 0.00 0.00 017 Office Project Meeting 0.9 60.00 54.00 038 Details/Sections 63.08334 60.00 3,785.00 150 Decorating/Interior-Exterior 4.45 60.00 267.00 305 Clerical typing letters, etc. for clients 0.13333 60.00 8.00 031 Changes to 1st Floor 129.2167 60.00 7,753.00 017 Office Project Meeting 20.83332 60.00 1,250.00 035 Changes to Basement 6.13333 60.00 368.00 100 Plotting 9.16667 0.00 .0.00 041 Changes to Elevations 18.53333 60.00 1,112.00 020 Concept & Preliminary Drawings 2.05 60.00 123.00 300 Clerical/Phones,Typing,Front Desk 2.35 0.00 0.00 090 Plan Check 103.8 60.00 6,228.00 030 1st Floor 34.53333 60.00 2,072.00 034 Basement 7.33333 60.00 440.00 012 Meeting with Subcontractor/Supplier 0.9 60.00 54.00 039 Changes to Details/5ections 12.18333 60.00 731.00 056 Drawing Schedules 20.70001 60.00 1,242.00 080 Plumbing 66.95 60.00 4,017.00 ~i 110 Spec Book/Writing Building 0.06667 60.00 4.00 Specifications 092 Code ReviewBeseazch 2.35 60.00 141.00 301 ClericalBlack book, updating 0.36667 0.00 0.00 files,paperwork Thank you for your business. TO '~I Page 1 r a Architectural•Design's, Inc. 3466 Stellhorn Road Ft Wayne IN 46815 219-486-8858 BILL TO K & A Villages, Inc. P.O. Box 45 Goshen, IN 46527-0045 Invoice DATE INVOICE NO. 12/21/00 680 TERMS DUE DATE PROJECT NUMBER Due on receipt 12/21/00 200038 ITEM DESCRIPTION DATE OTY RATE AMOUNT 070 Electrical 54.65001 60.00 3,279.00 057 Changing Schedules 0.18333 60.00 11.00 250 Overhead/Miscellaneous 0.18333 0.00 0.00 036 Foundation 10.78333 60.00 647.00 040 Elevations 19.56666 60.00 1,174.00 ~ 060 I I Mechanical 12.05334 60.00 723.20 i Thank you for your business. TO~~ $35,483.20 Page 2 Architectural~Desigris, Inc. 3466 Stellhorn Road Ft Wayne IN 46815 219-486-8858 BILL TO K & A Villages, Inc. P.O. Box 45 Goshen, IN 46527-0045 IhV®ICG' DATE INVOICE NO. 1/22/01 703 TERMS DUE DATE PROJECT NUMBER Due on receipt 1/22/01 ITEM DESCRIPTION DATE QTY RATE AMOUNT 305 Postage 12.17 12.17 305 Postage 24.10 24.10 Blueprinting Blueprints per square foot 97.50 97.50 092 Code Review/Research 2.67776 60.00 160.67 ' 038 Details/Sections 41.35 60.00 2,481.00 017 Office Project Meeting 6.6836 60.00 401.02 039 Changes to Details/Sections 17.50007 60.00 1,050.00 031 Changes to 1st Floor 49.21667 60.00 2,953.00 033 Changes to 2nd Floor 18.16334 60.00 1,089.80 041 Changes to Elevations 7.6667 60.00 460.00 056 Drawing Schedules 9.8834 60.00 593.00 037 Changes to Foundation 3.56667 60.00 214.00 057 Changing Schedules 19.5502 60.00 1,173.01 039 Changes to DetaiLs/Sections 38.63341 60.00 2,318.00 035 Changes to Basement 28.9502 60.00 1,737.01 034 Basement 17.3998 60.00 1,043.99 040 Elevations 14.0666 60.00 844.00 030 1st Floor 9.3836 60.00 563.02 036 Foundation 14.9668 60.00 898.01 052 Framing Plans 34.6998 60.00 2,081.99 110 Spec Book/Writing Building 4.1834 60.00 251.00 Specifications 010 Office Meeting with Client/Builder 0.13333 60.00 8.00 095 Plan review of changes 8.76667 60.00 526.00 Thank you for your business. TO E' $20,980.29 Archit~ctural~Desigris, Inc. 3466 Stellhorn Road Ft Wayne IN 46815 219-486-8858 BILL TO K & A Villages, Inc. P.O. Box 45 Goshen,IN 46527-0045 Inv®ice DATE INVOICE NO. 2/22/01 729 TERMS DUE DATE PROJECT NUMBER Due on receipt 2/22!01 200038 ITEM DESCRIPTION DATE QTY RATE AMOUNT ~ Miscellane... i Engineering Plumbing 14.4333 60.00 866.00 Thank you for your business. „rO~' $18,504.67 Page 2 A;rchi~cturaLDesigns, Inc. 311466 Stellhorn Road Ft Wayne IN 46815 219-486-8858 BILL TO K & A Villages, Inc. P.O. Box 45 Goshen, IN 46527-0045 ' ~ Inv®ice DATE INVOICE NO. 2/22/01 729 TERMS DUE DATE PROJECT NUMBER Due on receipt 2/22/01 200038 ITEM DESCRIPTION DATE QTY RATE AMOUNT 012 Meeting with Subcontractor/Supplier 0.75 60.00 45.00 017 Office Project Meeting 8.21666 60.00 493.00 041 Changes to Elevations 16.96667 60.00 1,018.00 090 Plan Check 46.36666 60.00 2,782.00 052 Framing Plans 30.31666 60.00 1,819.00 038 DetaiLs/Sections 22.78332 60.00 1,367.00 037 Changes to Foundation 2.43333 60.00 146.00 011 Routing/5tate & Local Permit 1.88334 60.00 113.00 Process 039 Changes to DetaiLslSections 19.51667 60.00 1,171.00 070 Electrical 18.06667 60.00 1,084.00 053 Changing Framing Plans 30.56666 60.00 1,834.00 071 Changes to Electrical 10.63333 60.00 638.00 100 Plotting 1.94999 0.00 0.00 010 Office Meeting with Client/Builder 0.95 60.00 57.00 036 Foundation 8.68333 60.00 521.00 105 Blueprints/per square foot 0.21667 0.00 092 Code Review/Research 0.5 60.00 30.00 060 Mechanical 0.66667 60.00 40.00 056 Drawing Schedules 3 60.00 180.00 034 Basement 7.86667 60.00 472.00 030 1st Floor 7.83333 60.00 470.00 Engineering Structural Engineering 30.0667 60.00 1,804.00 Miscellane... Engineeruig Electrical 10.0445 60.00 602.67 Miscellane... Engineering Mechanical 15.8667 60.00 952.00 Thank you for your business. ,r0~' Page 1 ~' Architectural.Desigris, Inc. 3466 Stellhorn Road Ft Wayne IN 46815 219-486-8858 BOLL TO K & A Villages, Inc. P.O. Box 45 Goshen, IN 46527-0045 ' 'Inv®ice DATE INVOICE NO. 4/11/01 770 TERMS DUE DATE PROJECT NUMBER Due on receipt 4/11/01 200038 r-- ~ ITEM DESCRIPTION DATE QTY RATE AMOUNT 041 Changes to Elevations 75.41667 0.00 052 Framing Plans 5.11667 0.00 037 Changes to Foundation 20.80001 60.00 1,248.00 250 Overhead/Miscellaneous 1.58333 0.00 0.00 090 Plan Check 35.68333 0.00 0.00 071 Changes to Electrical 48.51664 60.00 2,911.00 100 Plotting 2.43332 0.00 0.00 039 Changes to Details/Sections 9.94999 60.00 597.00 061 Changes to Mechanical 85.43334 60.00 5,126.00 043 Changes to Demolition Plan 1.13333 60.00 68.00 056 Drawing Schedules 6.25 0.00 045 Changes to Roof Plan 3.71667 60.00 223.00 031 Changes to 1st Floor 9.48334 60.00 569.00 110 Spec Book/Writing Building 4.23333 0.00 Specifications 053 Changing Framing Plans 30.45002 60.00 1,827.00 081 Changes to Plumbing 22.6 60.00 1,356.00 045 Computer Drawing & Rendering 10 0.00 010 Office Meeting with C]ientBuilder 0.08333 0.00 034 Basement 2.65 0.00 038 Details/Sections 17.93333 0.00 044 Roof Plan 1.58333 0.00 058 Cover Page Sheet 15.75 0.00 080 Plumbing 42.90001 0.00 i 030 1st Floor 1.08333 0.00 Thank you for your business. TO'ta~ Page 1 ~. gns, Inc. ~ ArchitecturabDesi 3466 Stellhorn Road Ft Wayne IN 46815 219-486-8858 81LL TO K & A Villages, Inc. P.O. Box 45 Goshen,IN 46527-0045 ' ' Ihv®ice DATE INVOICE NO. 4/11/01 770 TERMS DUE DATE PROJECT NUMBER Due on receipt 4/11101 200038 ~ITEM DESCRIPTION DATE QTY RATE AMOUNT 061 p Mechanical 60.76667 60.00 3,646.00 035 Changes to Basement 2.5 60.00 150.00 070 Electrical 52.61667 60.00 3,157.00 036 Foundation 0.46667 60.00 28.00 033 Changes to 2nd Floor 0.25 60.00 15.00 Retainer Retainer Applied 06-07-00 1 -15,000.00 -15,000.00 Thank you for your business. TOtd~ $5,921.00 Page 2 TO: K & A Villages, Inc. P.O. Box 45 Goshen, IN 46527-0045 State~n~nt DATE 7/2/01 AMOUNT DUE AMOUNT ENC. $80,848.91 DATE j TRANSACTION AMOUNT BALANCE 12/31/99 Balance forward 0.00 Q4/27(00 INV #551 2,445.46 2,445.46 06/13/00 INV #577 8,370.10 10,815.56 07/20/00 INV #601 688.00 11,503.56 08/24/00 INV #631 24,591.22 36,094.78 09/27/00 INV #645 1,032.51 37,127.29 11/20/00 PMT #9352 -24,591.22 12,536.07 12/21/00 INV #680 35,483.20 48,019.27 I 01/22/01 INV #703 20,980.29 68,999.56 01/22/01 PMT #9406 -18,000.00 50,999.56 02/22/01 INV #729 18,504.67 69,504.23 04/11/01 INV #770 5,921.00 75,425.23 05/22/01 INV #FC 5 -Finance Charge 4,423.68 79,848.91 06!21/01 INV #825 (-~-F~, ~'e ms's 1,000.00 80,848.91 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS AMOUNT DUE DUE DUE DUE PAST DUE 0.00 1,000.00 4,423.68 5,921.00 69,504.23 $80,848.91 HAROLD S. IRWIN, IN, ESQUIRE SUPREME COURT ID NO 29920 35 EAST NIGH 8TREET CARLISLE, PA 77013 717-243-6090 ARCHITECTURAL DESIGNS, INC. Subcontractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHURCH OF GOD HOME, INC. and KOLB 8 ASSOCIATES, Owner and Contractor CIVIL ACTION -LAW :NO. 0~-447 M~n'(,-~'-" MECHANIC'S LIEN CLAIM Affidavit of Service of Notice Intention to file Claim COMMONWEALTH OF PENNSYLVANiA SS: COUNTY OF CUMBERLAND Harold S. Irwin, III, being duly sworn according to law, deposes and says that he served the notice, a true and correct copy of which is attached hereto as Exhibit "A", upon Ron Madeira, of Church of God Home, Inc., the owner of the lot and buildings therein described, on May 19, 2001, by mailing the same to him by first class certified mail at 801 North Hanover Street, Carlisle, Pennsylvania 17013. He does further depose and state that he served said notice upon John Kolb, of Kolb & Associates, the general contractor, by certified mail at P. O. Box 45, Goshen, Indiana 46527-0045. Copies of the certified mail signed receipt cards are attached hereto as Exhibit "B". Sworn to and subscribed before me this ~~"' day of July, 2001. ~~~ Notary Public L OOMIJf, woruly rue~R; ~~curseRLSUwcouNr W CONMIgIpR lXrIR89 0CT0SlR 17 70ti, Attorney for the EXHIBIT "A" TO• FM• JOHN KOLB ARCHITECTURAL DESIGNS INC KOLB & ASSOCIATES 3466 STELLHORN RD 427 W PIKE ST STE 3 FT WAYNE IN 46815 GOSHEN IN 46527-0045 DAVE CROSS WAGMAN CONSTRUCTION INC 3290 SUSQUEHANNA TRAIL N YORK PA 174054-7076 RON MADEIRA CHURCH OF GOD HOME INC 801 N HANOVER ST CARLISLE PA 17013 MAY 17, 2001 RE: PROJECT NO. 200038 Notice of Intention to File A Mechanics' Lien Claim Please take notice that the Claimant, ARCHITECTURAL DESIGNS, INC., subcontractor under the general contractor, KOLB & ASSOCIATES. INC., intends to file a mechanics' lien claim against the real estate and improvements described as CHURCH OF GOD HOME, owned and operated by CHURCH OF GOD HOME, INC., located at 801 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. The amount due is $75,425.23, plus service charges and interest at the rate of 1.50% per month, based upon Invoices Nos. 680, 703, 729 and 770, which invoices have been previously submitted to K & A VILLAGES, INC., A DIVISION OF KOLB & ASSOCIATES, INC.) of P.O. Box 45, Goshen, Indiana 46527, for architectural design services for new construction at the property owned by CHURCH OF GOD HOME, INC., 801 North Hanover Street, Carlisle, Pennsylvania 17013, which services were completed on or about March 15, 200? . Attorney for Architectu?a~De~igns, Inc. 35 East High Street, Suites 201/202 Carlisle, PA 17013 717-243-6090 EXHIBIT "6" ~, r .n t` Postage $ D- p Certified Fee p Retum Receipt Fee rl (Endorsement Required) ~ Restdctetl Delivery Fea p (Endorsement Required) y. Total Postage & Fees .Y O R.I -Name Please Prlnr Clearry m d /1 MI .-- . ~, Stre Apt No.; ui PO Bo: °' ---~o! -N-r,~in r "ty<~'Zl~i ^ Complefe items 1;,2,-and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your nagie anti address on the reverse so that we'csn return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Adtlressed to: Ciaun cN of (~/J ~rizL `~~ ~a~NN~rna~~~~ 2. Article Number (Copy from service Postmark di . Here eompplete0 by meller) /IG ~----------------------------- `~ ~ /,~0~3 . A. ReceNetl by (Please Pant Clearty) - B. Daf a of Del .~~YCr t_t k~Wr R~ elf/4~/ C. Signature r ^ Agent D. Is delivery address difrerent from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Se ice Type ~ertified Mail O Express Mail ((((((^ Registered J~Return Receipt for Merohandise ^ Insured Mail /^ C.O.D. 4. Restdcted Delivery? (Extra Fee) ~ ^ Yes Uly 1999 ' 'DOrhestic RetuFn Receipt 102585-00•M-0852 ..D N N Postage $ 0' 0 D CerttFled Fee Relurn Receipt Fee ~ (Entlarsement Required) ~ p Reatdcted Delivery Fee 0 (Endorsement Requled( ~ Total Postage & Fees Il l . m Na a (Please tint Clearl ~uN reGl,~ -S'trLeet Apt. %O~d~./; bl/Po Byo~>r I~~ ~n ~usi~9 ~A~ v Postmark Here I~SZ7-GaY~ complete Rems 1, 2, 8rid 3. Also complete item 4If Restricted Delivery is desired. ^ Printyour name and address on the reverse sopgaf vde can return the card to you.. -. thl~,ca~t tg,t[te hick of the„mailpiepE or on tie front rf space permits. 1. Article Atldressed to~:''^j) ~~ ^v ~JIR~~ P$oa c ~~ GQ~y~ ~ -N ~-~ 2. Article Number (Copv from swYVlnn lahon A. Received C. Signatu a~ ~ fry, ,.. - C ^ Agem /, ~ Atldresse D. Is delive t item 77 ^ Ves If YES, el~dAg low: ^-NO , ?g N J ~ ~, 20Q1 3. Se ce Type Certified Mail ^ Express Mail r ^ Registered ~teturn Receipt for-Merohandise ` ~ ^ Insured Mall ^ C.O.D. 4. Restricted Delivery? (Extra Fea) ~ Ves r_ c~ D n y~ I -G HAROLD S. IRWIN, 111, ESQUIRE SUPREME COURT ID NO 29920 35 EAST HIGH STREET CARLI8LE, RA 77073 717-243-6090 ARCHITECTURAL DESIGNS, INC. Subcontractor v. CHURCH OF GOD HOME, INC. and KOLB &'ASSOCIATES, Owner and Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . NO. Q~- ~70~~ MECHANIC'S LIEN CLAIM Affidavit of Service of Notice of Filing of Mechanic's Lien Claim COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND Harold S. Irwin, III, being duly sworn according to law, deposes and says that he served the notice, a true and correct copy of which is attached hereto as Exhibit "A", upon Ron Madeira, of Church of God Home, Inc., the owner of the lot and buildings therein described, on July 16, 2001, by mailing the same to him by first class certified mail at 801 North Hanover Street, Carlisle, Pennsylvania 17013. He does further depose and statd"that~he served said notice upon John Kolb, of Kolb & Associates, the general contractor, by certified mail at P. O. Box 45, Goshen, Indiana 46527-0045. Copies of the certified mail signed receipt cards are attached hereto as Exhibit "B". Swor2n t~o ~and subscribed before me this _,_ ~,_ •- day of July, 2001. Notary Public Harold S. Irwin, Attorney for the ; Claimant <.~ EXHIBIT "A" NAROLD S. IRWIN, 111, ESQUIRE 8UPREME COURT ID NO 29920 35 EAST NION 8TREET CARLISLE, PA 17013 717-243-6090 ARCHITECTURAL DESIGNS, INC. Subcontractor v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CHURCH OF GOD HOME, INC. and KOLB 8 ASSOCIATES, Owner and Contractor NO. 2001 - 04247 MECHANIC'S LIEN CLAIM Notice of Filiinct of Mechanic's Lien Ciaim TO: RON MADEIRA CHURCH OF GOD HOME INC 801 N HANOVER ST CARLISLE PA 17013 Take notice that a mechanic's lien for the sum of $75,425.23, plus service charges and plus interest at the rate of 1.5% per month since March 15, 2001, and costs of this matter has been filed against you and all that certain tract of land and the improvements thereon known as Church of God Home, Inc., 801 North Hanover Street, Carlisle, Pennsylvania 17013 (more particularly bounded and described on the attached deed), for certain architectural design services in and about the erection and construction of said building. Said mechanic's lien was filed at 3:07 p.m. on the 12w day of July, 2001, and the same appears of record in the Cumberland County Court of Common Pleas No. 2001 - 04247. July 16, 2001 HAROLD S. IRWIN, 111, ESQUIRE SUPREME COURT ID NO 29820 33 EAST HIGH STREET CARLISLE, PA 17013 717-243.8080 ARCHITECTURAL DESIGNS, INC. Subcontractor v. CHURCH OP GOD HOME, INC. and KOLB 8. ASSOCIATES, Owner and Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2001 - 04247 MECHANIC'S LIEN CLAIM , Notice of Filing of Mechan_ic's Lien Claim ro: JOHN KOLB KOLB & ASSOCIATES 427 W PIKE ST STE 3 GOSHEN IN 46527-0045 Take notice that a mechanic's lien for the sum of $75,425.23, plus service charges and plus interest at the rate of 1.5% per month since March 15, 2001, and costs of this matter has been filed against Church of God Home, Inc. and all that certain tract of land and the improvements thereon known as Church of God Home, Inc., 801 North Hanover Street, Carlisle, Pennsylvania 17013 (more particularly bounded and described on the attached deed), for certain architectural design services in and about the erection and construction of said building. Said mechanic's lien was filed at 3:07 p.m. on the 12'" day of July, 2001, and the same appears of record in the Cumberland County Court of Common Pleas No. 2001 - 04247. Juiy 16, 2001 HAROLD S. IRWI~V, III Attorney for Clai ani EXHIBIT "B" ~~ ~~ v c=, f!l r~ ~ ~,- ~'r, L ' .J (Xi <' . Mwe$a~Rn^CYA9... N..'9.~FM~ '. rs-Gomplete iteme 1, 2, anti 3: Also complete" item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the Card to you. . ^ Attach this card to the back of the mailpiece, or on the front 'rf space permits. 1. Article Addressed to: - . RdN h4/~~EI(~A EHu~R~tt OE ~~ F{Oh 2. Artlcle Number (Cagy Irom service iabe!) N111A1M1 by C. Si -..- ~`n~ SS X ~~~ ..~ ~ tssee D. Is delivery ress ryF ~M ~7Qm Item l~,i'., ~e/ H VES, en delive a ress°Below;,---`~s~rpo `y ,; ~ ~ , 3. ~Servic~e"Type q~~.eruRetl Mail ^ Express Mail ^ Registered ~~tetum Receipt for Merchandise ^ Insured Mail ^ C.D.D. 4. Restdc[etl Delivery? fExtra Fee) [] y~ PS Form 3811, July 1999 Domastlc Return Receipt (02595-00-M-0952 - item 4 if Restricted Delivery is desired. s Print your name and adtlress on the reverse so that w8 can refum ttie', card to you. ^ Attach fhiecard to the-beck of the mailpiece, or on the-frdnt if space permits. ~ 1. Article Addreased to: ~ ~~ !~ i t ~~ ` '. - ~C `~-~--V~ /l ~~. ^ Agent _ ~ ~~ ^ Addre D. Is delk'erY address different from item 17 ^ Yes M YES, enter delivery address below: ^ No 3. ype Certified MaN ^ Express Mail ^ Registeretl ^ Return Receipt for Merchandise ^ Insured Mail ^ C.C.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number _ _ r PS Form 3ti11, March 2DDt Domestic Retum Receipt 102595-01-M-1424' c ~~ ~~ a. _. ~o :y ;;, s> _~~, SUPPLEMENTAL CERTIFICATE OF SERVICE I, Gerard J. Pisarcik, Esq., hereby certify that on the 6th day of August, 2001, I served a true and correct copy of the OWNER'S PRELIMINARY OBJECTIONS TO MECHANIC'S LIEN CLAIM BY SUBCONTRACTOR by United States First Class Mail, postage prepaid, upon the following: Kolb & Associates Attn: John Kolb P.O. Box 45 Goshen, IN 46527-0045 Defendant Contractor LAWS, STARUCH & PISARCIK 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717)975-0600 C ~ C`S :~; v~ ,~ , Vin- ~ + z~ - - ~ - C C" ~') - A `7; r . ~ti ' = b~~ ::x~' i ~t,i C ~-r .. :y C,y -n ~. ~ee~nnwaa.~mnr w.:o~^~ n€,3~a d ^~a~uP+~asrza ~P~9 ~T, HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 85 EAST HIGH STREET CARLISLE PA 17073 (777) 248-6090 ATTORNEY FOR SUBCONTRACTOR ARCHITECTURAL DESIGNS, INC. Subcontractor v. CHURCH OF 60D HOME, INC. and KOLB 8 ASSOCIATES, Owner and Contractor : IN THE COURT OF'COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :NO. aC~D~-~Zy~ MECHANIC'S LIEN CLAIM PRAECIPE TO WITHDRAW MECHANICS LIEN TO THE PROTHONOTARY: Please withdraw the mechanic's lien claim filed by Architectural Designs, Inc. in this matter without prejudice to Architectural Designs, Inc., subcontracfior, to make claim in any other proceeding against Church of God Home, Inc., owner, and / or Kolb & Associates, contractor, for services rendered to them. November 13, 2001 Attorney ID No. 29920 35 East High Street Carlisle, PA 17013 717-243-6090 ~ Y' 4~~ ~ ~ p ~ .'.~ ~'~ , .y KSY3 ~ ~ ~ , gym` ~~ ~ ~~ ~~ , ~° `=' ~, "k3!mw~:e~aumv~:.rc-cvssowa ~y •, Laws, Staruch &Pisarcik Gerard J. Pisarcik, Esq. Atty. ID No. 39181 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorney for Defendant Owner ARCHITECTURAL DESIGNS, INC., Claimant Subcontractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CHURCH OF GOD HOME, INC., Defendant Owner No. 01-4247 MLD Term v. KOLB & ASSOCIATES, Defendant Contractor NOTICE TO PLEAD T0: Architectural Designs, Inc. You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof, or a judgment may be entered against you. -~ , LAWS, STARUCH & PISARCIK BY: GERARD J. PISARCIK, ESQ. Atty. ID No. 39181 20 Erford Road, Suite 305 Lemoyne, PA 17043 717-975-0600 ARCHITECTURAL DESIGNS, INC., Claimant Subcontractor v. CHURCH OF GOD HOME, INC., Defendant Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4247 MLD Term and KOLB & ASSOCIATES, Defendant Contractor OWNER'S PRELIMINARY OBJECTIONS TO MECHANIC'S LIEN CLAIM BY SUBCONTRACTOR Defendant Owner, Church of God Home, Inc. ("Church of God"), by and through its attorneys, Laws, Staruch & Pisarcik, files the following preliminary objections to the Mechanics' Lien Claim by Subcontractor, Architectural Designs, Inc. ("ADP') and avers in support thereof 1. On or about June 27, 2000, Church of God and Kolb & Associates, Ltd. ("Kolb") executed a Memo of Understanding (the "Agreement") whereby Kolb was to supply the Church of God with certain construction documents through Kolb's subcontractor architect ADI. A true and correct copy of the Agreement as amended is attached hereto as Exhibit A and incorporated herein by reference. Church of God POs 2. The said construction documents were for aSenior-Living Village to be constructed on property located on the south side of Marsh Drive in South Middleton Township immediately south of the Borough of Carlisle, Cumberland County, Pennsylvania (the "Marsh Run Project or Property," as appropriate). 3. Church of God is the owner of the Mazsh Run Property on which Claimant ADI seeks to place a lien. 4. Section 1201 of the Mechanics Lien Act of 1963, 49 P.S. § 1101, et seq. (the "Act"), entitled "Definitions," provides in relevant part as follows: "(4) ...The term [Contractor] also includes an architect ...who, by contract with the owner, express or implied, in addition to the prepazation of drawings, specifications and contract documents also superintends or supervises any such erection, construction, alteration or repair. "(5) ...The term [Subcontractor] does not include an architect . . .who contracts with a contractor or subcontractor, or a person who contracts with a subcontractor or with a materialman. (Emphasis added.) 5. ADI, by its own admission in its Mechanic's Lien Claim, was a subcontractor of Kolb and had no contract, either express or implied, with the owner Church of God. 6. According to the express terms of the Agreement, ADI was not responsible to and did not superintend or supervise any such erection, construction, alteration or repair. 7. The building(s) which was the subject of the Agreement was never constructed. 8. ADI, as an architect subcontractor, is not entitled to a mechanics' lien. 9. ADI, as an architect who never supervised or superintended the planned project, is not entitled to a mechanics' lien. Church of God POs 2 10. Section 1503 of the Act, entitled "Contents of claim," provides in relevant part as follows: "The claim shall state: ... (8) such description of the improvement and of the property claimed to be subject to the lien as may be reasonably necessary to identify them." 11. Exhibit A to ADI's Mechanic's Lien Claim, which purports to contain the legal description of the Mazsh Run Property on which ADI seeks to place a lien, does not contain such legal description. Said Exhibit A is the deed to the property on which Church of God has its offices and is completely irrelevant to the matter herein. 12. ADI's Mechanic's Lien Claim does not state the description of the Marsh Run Property as it is required to do pursuant to the aforesaid Section 1503. 13. ADI's mechanics' lien filing lacks conformity with the Act and should be removed. 14. 42 Pa.C.S.A. Section 2503, entitled "Right of participants to receive counsel fees," provides in relevant part as follows: "The following participants shall be entitled to a reasonable counsel fee as part ofthe taxable costs of the matter: (9) Any participant who is awazded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith." 15. ADI, as a subcontractor architect who did not have a contract with the owner Church of God and who did not superintend or supervise any construction for the Marsh Run Project, knew or should have known that it could not assert a mechanics lien claim against the Marsh Run Property. Church of God POs 16. ADI's Mechanic's Lien Claim was filed without sufficient grounds in either law or fact, only serves to cause annoyance to Church of God, and is based on random or convenient selection or choice rather than based upon reason or nature. 17. ADI's conduct in commencing the matter herein was thus arbitrary, vexatious and in bad faith, thereby entitling Church of God to its attorneys fees in defending the action herein. WHEREFORE, Defendant owner Church ofGod respectfullyrequeststhisHonorable Court enter an Order removing Claimant ADI's mechanics' lien and awarding Defendant Church of God such additional relief as maybe proper, together with its attorneys fees, expenses and the costs of this proceeding. Respectfully submitted, LAWS_,8`li'ARUCH & PISARCIK e~~ rd 7. Pisarcik,~ ID No. 39181 Church of God POs 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorneys for Defendant Owner Church of God Home, Inc. 4 ,.~,~+ JUN. -13' Ol (WFD) l!. X06 Cf(URCH DF GOD liQh1E TEI~~?1?-299-&6?? P. ~~? POST Of FICE aOR i?. COS11L~, w ust: •uu+s 1719)iii-396 fnX: Q19i $iS.Lf 5.i t ~bVL. 1.Nbslln.n~i L'I'D. MAhAGEML•^77 f.ONSLZTAA"1'S May 22, 2000 MEMO OF yTlVDERSTANDING Mr. Roaahl Madeira, Admiaismtor Church of God Home, Inc. $Ol North Hanover Street Cazlislc, pennsplvania ]70]3 Deaz Roa: This Memo of Undersranding will serve as the Agreement between Church of God Home, Inc. (CCiH) o£ ('+rt;~le, Pennsphrania and Kolb & Associates, Ltd. (!{.BcA) of Goshen, Indiana. K&A is the exclusive development agent for CGH and have tespoastbtliry for project planning and implemenraaon of a new Senior-Living Village as directed and authoDZed by the Board of Duectots. CGH wishes to build and operate a Senior-laving Vilage on the mcendy ac9L'ired ProPertY off the south side of Marsh Drive in South Middleton Township immediately south of the Borough of Carlisle, Penasyh+ania. This goal and its accompanying business saategy aze based on a) CGH's interest in providing congregate-living accommodations and support services to older adults as an extension of its mission and business operations in Carlisle, b) K&A's experience in the industry and its expertise is developing such a project, and c) findings of a market study by Daater and Company identifying the aced and demand for senior housing and services in the area. The following assumptions avdi serve as a basis for initiating this effort and may be altered as planning occurs. A project worksheet called "Development Process" (Auachment 1) will serve as the action plan, recognizing that some adjustmenca may be made as planning and development proceeds. CGH wishes to buSld and yperate a Seniorliving Vtillage hereafter refeaed to as Marsh Run. CGH is ready to initiate this new veaaue in 2000 with budding to occur 1n 2001. CGH will be the legal owner of Match Run. 2. The governing body of CGH is appoiatiog K&A as Pzojea Coordinator baying responsibility for planning, organizing and implemenriag the development of the project. 3. The governing body has appointed a Planning Committee consisting of boazd members and CGH administration m supervise K&A and provide direction on behalf of CGH_ The committee will mcrrK moarhly with Taw ~ or as aecessarp. EXHIBIT A i ant t nf4 JUN. -,13' 01(W'ED) 1106 CHURCH OF GOD HOb1E TEL~'I'-2~9-86ZZ P. 003 4. The Planning Cotamittee will report co the Beard throughout the deveiopttteat wad budding process. 5. The representative for CGH mill be Tom Hamilton wad for KdcA, John Kolb. These tyro persons grill communicate regularly to assure that both parries have foil knowledge of the project. G. Marsh Run will be located on the Marsh Drive site known as the Leo faaa. 7. CGH wi11 offer a congregate living Program for the semi independent adult xnd independent living housing for active retired people at Marsh Rua. 8. Boundary wad topographical surveys have bees completed for ~e site and Brehm-Lebo Engineeriog, Inc has hem *.~;n~d ro handle the civil engineering. The site layout is being coordinated becareen I{&A's Architect and the CivilBngineer. All design and construction drawings will be digitized for use with computer-aided design (GAD). 9. All required Sourh Middleton Tawasltip appzovals of rite site to accommodate Marsh Run would be handled by Hubert Gt7roy with the support of Brehm-Lebo Engineering. 10. The site wt71 azcommodate acongregate-living compler, which will be designed to have 55 apartment units and community wmmon areas. Duplex dmelliag units will be located throughout the site. 11. The butldiags wiII be designed and constructed in a style and size tvidt features that att responsive co marker place demands wad wffi be compatible with the environmental setting. Both the duplex housing and eoagregau aparnacrtts vnIl be similar in design and ]aaout to the setuor-]tvmg vt~Ilage caIled Maple Crest located in Blufftna, Ohio. 12. Duplex dwelling units wt11 be bulk as market detaand warrants- 13. The preparadoa of construction documents will be the responsibility of K&A through their ,., Architect, Architecnrtal Designs, Inc. (ADi). CGH has requesred modifications to dre Maple Cast plans that will be incorporated into the final ccrrified coastnrctioa documenrs. ADl will be sesponsiblc for obtaittiatg sbte approved butldtag pleas. Consaucooa adminisGca$oa wiII be handled by a local Atrhitecc who wiIl be hired and repoa to CGH for validation of the construca~ process wad means. 14. Building ntaterisls wad construction will be of good quality and reflect the values and expectations of the general area. A lonl gmenl mnasctor mho wfIl be sekxted for their qualifications and guaraareed maximum price wrT handle wnsttuctioa management I5. Marketing and promotion of Marsh Run will be the respoasibHity of CGH. K&A is available to provide direction wad guidance throughout the development process. 16. Ongoing maaagemenc of the new Marsh Rua mill be the responsibiliity of CGH, K&A will assists the CGH adarini,~tion is establishing the wart-up of opendnns. Pagt 2 oE4 J.UN. -13' O11WED1 11.05 CHURGH OF GOD HOh1E TE6 'I?-249-@6_? F. 0~4 All services rendered by K&A in the development of Marsh Run doting the years of 2000 and 2001 will be billed on the basis of $75.00 per hour for all professional staff and $35.0'0 per hour for suppoa ssaff. fiapenses inetraed oa behalf of the project, ineGtdmg ~vel, wi7I be reimbursed to KdcA at cost. Billings wiU be based on each moatir's activity and submitted by the 10th of the following moaeh. Paytnrnc is expected by the ?5th dap of the month submitted If any K&A service is requested by CGH after 2001, the scope of work and related fees will be defined and agreed upon by both patties. K&A is providing the architectural design of both the congregate apartmem building and four (4) duplex dweIIing units. This arrattgertt~t includes complete testified eonsteucdoa drawings for the congregate apataaeac building_ The fee for these pl:uu is a ono-ame charge of $150,000. Modifications and changes of these pleas to meet the program and design objectives of CGH will be incorporated into the final documcnu. Time and expenses incurred in modifyitsg and changing the places as well as costs related to the printing of doeuttemts w~Il be eoasidered extra and billed at the same hourly and reimbuzsemeat rate as identified above. ADI will complete coastrucdori do~•mw+ts and submit the certified plans ro the necessary State Regulatory Agencies and Munidpal Bodies for approval oa or before Decewber 31, 2000. 17re fee related to providing the constnrerion doeumenu for the four duplex dwellings is also none-dine charge of $3,800. per budding for a total of $15,200. These documents do not require usti5catioa and will be avai(abk to dre chosen General Conmecoz on or before Augrrsc 15, 2000. Billing for all these plans will occur on the following schedule: March, 2000 -initial commimreac m proceed $35,000. April, 2000 -progress brlliag $35,000. Map, 2000 -progress billing $35,000. June, 2000 -progress billing $35,000. Final billing upon completed certified plans $„'5.29.4, $165,200. Ac nay stage in this developing process that CGFI determines the project is not satisfactory, it reserves the right to request that K&A discontinue all. activities on its behalf CGH will make such a request in writing and pay for all services rendered and expenses mcuaed by K&A through the date of such notification. If these auaagemeats, temas and conditions meet with approval, please sign both copies of this Memo of Understanding, re!++**~; one to this ofSce and retaining the other for pour records. Vfle Look fornnrd to being of service to Church of God Home. Sincexel w . ~~~ ohn M. Kolb President Attachments: Development Process Pa~:3of4 JUN~.-13'O11w~D) 110? CHURCH OF GOD HOME TEL~'il'-c'49-eb2? F. 005 ACCEPTED: CHURCH OF GOD HOME, INC. Pagc 4 oF4 JIIN.-I~'O1(WEDI i1~0' -~ ~F~IORAN~iT~ CHC~RCH OF GOD HOhtE TO: )ahn Police FRO~L• John Kolb DATE: September >> ?000 Sti$JECT: Marsh Run design cttart3es TEL~'1'-2~9-R6ZZ In order w make terrain you hao-e a direcrne from us on the changes requested b}• the Church of God Home on the Marsh Run aparment building, I am listing these for reference. The specific buiidu~g plans and speciftcacions for Mush Run are a duplicate of those used at Maple Crest in Bluffton- Ohio a4dt the following changes. i. Add four 3-bedroom apartments (2 on each floor) to the °~ section of the building. Z ~imlce all units in section `d" 1-bedroom apsrrxnenrs rther dzart satdio units. Tocti number of studio apartments a-iki be eight (8). 3. All eight C8) studio units should have an et'&ciency kitchen (net-bar). Locate in do..ct area opposite bathroom and indude a smolt sink, u-tder-counter refrigerator znd micro-a-ave oven located on a a-ail cbinet shelf above the wuntertop. :~o g'arbagr disposal Will he necessary. Courtteaop auders'For sr-taIl applrances arc nec~~+san•. q. Redesisrt the meetictg room and fiatess,'pool aces to hacc a hiul-.er ceiling (10' plug:. Make certain that these areas are accessible m the handicapped. i. Locate the boiler roam r3aser to the chiller unit and prefcsahir re^.+r c~.e senict: entrutce w the building. niso bring aI[ toajor utilities in at this loc3tior. if poss;hle. 6. Include naic-e Limestone (manufactured versiart) on the buildin < at key locaioru along With brick and ~ittyf siding. - '. Locate patios or balconies on all eIever. 3-bedroom aoarunenci and ci-.:rttge nc~ ha aindoa• to die rectangle proposed la~rout (Amtchmezu 1). 5. Chance the kitchen on aiI 2-bedn~om anarttxerscs (corm! of II uaics) to indud< dtc n-all and cabinet la)rout changes as per ~chmenc ? 9. Change kitchen latrouc on the 1-bedroom deluee aparr..ents (coat of 3 units) to include dte a'alI and cabinet layout rho ,mac as per atnciunent 3.I and 3? 10. Locate a stacking a'asiteu'drver closet Qith plurrsbin¢ and echaust duct in all apartments kept the studio units. 11. Locate a laundry room in section "A' for the studio aparrmenrs (see 3-cchment si. 1? Lo~te a 1-bedroom aparment in the space ~ilich gas a resident faundrr1oungc in section 'B- (attachment 4). This will bring the count of 1-bedroom apanmenc+ w a coal of ~; . p. ODD JUN. -13' OI (V,'ED) 11 ~0? CHURCH OF GOD HDbIE TEL~'I'-249-8622 F. 04? ,. The smaller of the twro dining roams should be considered a cafe airh direct physical and visual access to the butler kitchen if possible. This loom would he k•+.< formal than the main dining morn. 13. Locate an ofFice off the corridor in the room direcdp below die librsry rather than ha~-ing this a den in the apartment. 15. Retain the laundry rooms in section `F` but include a shampoo sink for hair rtre rather than the sernnd washer/dryer plumbing and &etcrrz,- 16. A janitor closet aich a trop sink should be Ioraced and identified for each buildirtr section on both the upper and lower levels. 17. A trash room where the tenants will take both disposable and recyclable aa.~sh should be located near the stairs or an outside ccic is each major building section. This building wd1 be designed for older adults who can function independently and conform to local and state building codes and re3ula6ons. Tne facility will not he licen~;eci for personal care. L'pon the determination of the general contractor. we will want to h-_i•c term planning meeting and review the design and speciftcattans w determine whether then are any other changes to the plans which should be made_ Thee changes RouW eFect systems and specificatioas more that but~ding design. If there are am• question+ nhich these changes Wise, please contact us. cc: Church of Gad Home Attachments rc~~~ed 9.6;00 U~unh cF oma. ku. Data .JUN. -.13' Ol (~'ED) 11 X08 CHURCH OF GOD NOI]E .~.._.. MEMORANDUM TO: Ron yladeira FROG[: John kolb -l~~ D 3TE= October lfi, 2000 SL'BTECT: Lush Run TEI,~?1'-Z49-86ZZ F. oes ~~~ a number of issues which were decided upon or stated last week are imponartr rnaugh • that I thought I should place Them into a memo for verifirsrion rmd reference. 1. You indicated that you are now the contact person for the prom rather flan Tom. 1 will he forwarding items ro you direcdy. If dtere is any thing which }rou do not have in your file which was handled with Tom. please let me know aad I can copy you. 2. You indicated char the changes in my 9/i/00 memo have been approved and the de.iltn work should reflect these as long as they conform ro building codes for your area. Lee Scholl will be working with AD! to make cettaitr the cotLSUttction documenss are code compliant. I have asked ADI ro make certain this list of dtanges do not ezceed the estim.•rted 585,000 cost. For my records, p&ease sign the endosed docutaem reflecting tl:9s approval. 3. Action was taken to keep the 4-pipe hot/chilled water arculating FNAG system in the apartment building. Request was made to make oettain this system includes a redunclant.~- in the boiler, chiller and pumps. Also, a review by the engineer wiR ocntr ro determine what design or equipment changesladditions will be necessary ro .have the bumer.a~witch fuel sources from gas ro oil for effidrney. 4. Has the board made any changes ro thew structure regarding wmmiaee assignmrni~ 1, this group a building comtttiaee, long-rutge platrniitg rnmmiaee_ executive commiaee anal nfio are the members? Who iu the chair of the rnmmi[tee? 5. We will need your name choices for dte main drive and the two cultisaks. Also. you n•ill want to take the site plan and number the apartment budding and each duplex living unit for address purposes. Coordinate with Doug Brehm and Lee Scholl For address authorization from the Carlisle Post Master. 6. we provided 4 different duplex living units. Each of these Four should be given. a name For marketing and reference. The cttcrent -'E" unit rnuld even have a fifth unit by acrachint a 3-car garage and locating afire-place in the unit. I have induded invoices for our work in September and architectumI serflces billed by .•~1 ~i for their work in August and September. Later this week I will send ro you a draft copy nF the agenda for our \ovember 9 meeting. Arn I rnrrecc in a5sumin,~ }rou will be rnntactin_ Perrnte Randolph and Hamlyn Senior Marketing for repttsentativvrs to aaend? Hope all ~- going hell for you this week. 717 975 3871 P . rJ2 VERIFICATION Subject to the penalties of 18 Pa.C.S. Section 4904 (relating to unsworn falsification to authorities), I, 1Y1710.S A. I$ITll~tl, hereby declare that I am authorized to make this Verification on behalf of Church of God Home, Inc. and that the facts set forth in the foregoing PRELIMINARY OB3ECTIONS are true and correct to the best of my knowledge, information and belief. %~ ~ ~h lYiolas . f-~niltcn Vim Presid~it of merat;a~s CERTIFICATE OF SERVICE I, Gerard J. Pisarcik, Esq., hereby certify that on the 3rd day of August, 2001, I served a true and correct copy of the OWNER'S PRELIMINARY OBJECTIONS TO MECHANIC'S LIEN CLAIM BY SUBCONTRACTOR by United States First Class Mail, postage prepaid, upon the following: Harold S. Irwin, III 35 E. High St. Carlisle, PA 17013 Attorney for Plaintiff Subcontracts IAWS, STARUCH & PISARCIK 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717)975-0600 L - ' i ~ _ _ Cf C'S 4 .i ~ _ _~ y CJ -f -y 'G 7 A ~ . ,. - - .. d~°, ~ , p&'~1N :... PVS... t:.. ...e a.4`A" eki.ss. w_:¢ eE' .. i9-. ~R.'eM$(4•~i1+YJ{ltl%4