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HomeMy WebLinkAbout03-5784KAMAND CONSTRUCTION, INC., Claimant/Plaintiff ROSS STORES, INC., Owner/Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKETNO: 03- 3"97¢ fflAO NOTICE OF FILING A MECHANICS LIEN CLAIM To: Ross Stores, Inc. 1707 Shearer Drive Carlisle, Pennsylvania 17013 You are notified that a Mechanics' Lien Claim in the amount of $119,852.04 has been filed on behalf of Kamand Construction, Inc. against the property at 1707 Shearer Drive, Carlisle - Ross Stores East Coast Distribution Center, Cmnberland County, Pennsylvania, as to which you are the Owner or reputed Owner. The claim was filed on November Pleas of Cumberland County, Pennsylvania, File Number the Claim is attached. ..~ ~ ,2003, in the Court of Common 03~ ~5'qo~ /?~J._0 . Acopyof Date: By: Peters & Wasilefski Attorney ID No. 09983 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Attomey for Claimant/Plaintiff Kamand Construction KAMAND CONSTRUCTION, INC., Claimant/Plaintiff ROSS STORES, INC., Owner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 03 - MECHANICS' LIEN CLAIM Claimant, Kamand Construction, Inc., by and through its counsel, William J. Peters, Esquire and Peters & Wasilefski, files this claim against the improvements and property located at 1707 Shearer Drive, Carlisle - Ross Stores East Coast Distribution Cemer, Cumberland County, Pennsylvania, for the debt due to Claimant as a contractor for materials and labor furnished in the building support system modifications to the Ross Stores East Coast Distribution Center. 1. The Claimant is Kamand Construction, Inc., a Pennsylvania Corporation located at 203 Lynndale Court, Mechanicsburg, Pennsylvania 17050. 2. The owner or reputed owner of the property is Ross Stores, Inc. 1707 Shearer Drive, Carlisle, Pennsylvania 17013. 3. The improvement subject to the claim is the Ross Stores East Coast Distribution Center located in Carlisle, Pennsylvania. See Real Estate defined in Deed dated January 27, 1999, a copy of which is attached hereto and identified as Exhibit "A". 4. The debt for which this claim is made against the property arose from a written agreement dated October 1, 2002 for the agreed sum of $556,583.00. The October 1, 2002 agreement is attached hereto and identified as Exhibit "B". 5. The general nature and character of the labor and material furnished by Claimant was for the building support system modifications to the Ross Stores East Coast Distribution Center located in Carlisle, Pennsylvania. 6. On July 7, 2003 owner, without cause terminated the Agreement between the parties and denied the Claimant access to the property to complete its work under the terms of the Agreement between the parties. Claimant last completed work at the property on July 7, 2003 which was less than four months before the filing of this claim. 7. The total amount claimed by Claimant to be due is $119,852.04 together with interest for labor, services and materials provided. 8. This claim is against the fee simple owner or reputed owners of the premises. Date: By: Peters & Wasilefski William J. Peters, Esquire Attorney ID No. 09983 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Attorney for Claimant/Plaintiff Kamand Construction KAMAND CONSTRUCTION, INC., Claimant/Plaintiff ROSS STORES, INC., Owner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: : VERIFICATION I hereby affirm that the following facts are correct: I am the Claimant/Plaintiff and am authorized to make this Verification; the attached Mechanics' Lien is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language is that of counsel and not of me. I have read the Mechanics' Lien and to the extent that the same is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, infom~ation and belief. To the extent that the content of the Mechanics' Lien is that of counsel, I have relied upon counsel in making this Verification, I hereby acknowledge that the facts set forth in the aforesaid Mechanics' Lien is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: William J. Mann/h/Executive Vice President Kamand Construction, Inc. 1~-g5-'~2 14:36 FROM- T-g41 P02/~6 U-127 14;36 FRO~- T-041 P~3/~6 U-127 ROSS STORES, ~,~C., a D~I~v~ ~ot~llon AT~EST:N '~'n~ Tid~,~ior Vt~ ~id~, Chief [CORPORAT~ S~AL] 14:36 FBON- T-042 P84/85 8-127 CALIFORNIA ACKNOWLEDGEMENT 14:37 FRO~- T-041 Pg5/06 U-1£7 Blank ll,~me Gomi*ky' & MeCauley, LLP One Lo~m ~x.u~e Philadelphia, Penr~ylvania I9~03 AIA DOCUMENT A101-1997 ;tandard Form of Agreement Between Owner and Contractor vhere the basis of payment is a STIPULATED SUM AGREEMENT made as of thc in thc year 2002 (In words, indicate day, month and year) Il E TW E E N the Owner: (Name, address a~d ~her infi~rmatien) 1000 ~ta~l Drive ~ort ~i11, SC 29715 ArCh: Ke/th ~er~ First day of Oct:ober andtheContractor: (Name, addressandoth~in~rmation) g~mand Construction, Iuc. 203 Lynndale Court ilechanlcsburg. PA 17050 Th~Projectis: (Name ~dfocation) Building Support Systems Modifications Carlisle, PA t~ 02674 This document has impor- tant lega! consequences. Consultatiof~ with an attorney is encourased with respect to its temptation or modification. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference Do not use with other general conditions unless this d~cumen¥ is modified. This document has been approved and endorsed by The Associated General Co~ttactors of Arnerica. The Architect is: (Substitute Owner's Representative fo~ Architect (1varec, addrgss and o~h~r infvrmation) in this Document) I~B and Company, Inc. 2880 Johnson ~erry Road Harietca, Georgia 30062-5672 The Owner and Contractor agree as follows. ARTICLE I IHE CONTRACT DOCUMENTS The Contract Documents consist of this A§reement, Conditions of the Contract (Genera], Supplementary and other CoDditions), Drawings, Specifications, Addenda issued prim' to e:iecuti0n of this Al~reement, other documents listed in this Agreement and M~i~cafions issued after e~cut~o~l o~ th~ Agreement; ~ese form the Contract, ~d ~e as fully a par~ of the ~nhact as if attached to {his ~ement or repea~ed here~m The Comracl ~)~re~en~ ~be en~e and integrated ag~ement between the p~rt~es hereto ~nd supersedes prior neg~aiions, ~epresenta- tion~ or a~reemen~s, either written or oral. ~ ¢numera~on of the Comract D~uments, ~her ih~ Modifications, appe~s in ~tide 8. ARTICLE2 THE WORK OF THIS CONTRACT The Contractor shall fiil]y execute the Work c~scribed in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibliity of others. Scope of ~ork Letter dated July 31, 2002 and Frici~g Su~mry are attached, and represent Contract .Documents. ARTICL[ t DATiOF COMMiNCEMiNTAND SUBSTANTIAL COMPLETION 33 The date of commencement of {he Work shall he the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed tn a oolite to proceed isshed by the Owner. aat~ will 'be fi~ in a notice ~o pr~d.) I Hotice rD Proceeg date ~11 be iss~d at a later date by the ~er. It'. prior to the commencement of the Work, the Owner requires time to file mortgage~, mechan- ic's liens ~d other security interests, the Owner's time requirement shaft b~ as follows'. The Contract Time shall be measured ~rom the date of commencement, 3.3 The Contractor sh;ll achE=ye Substantial CompIetion of the entire Work not later than 245 calendar days [~oln the date of commeflcement, or as follows: (Inser~ number o/calendar days. AlternanvelE, a calendar date may Oa used when coordinated wi~ Ih~ dale of Sub,ten,iai Complodon of cer~aln ~mons of the WOrk.) · subject tO adiustments of this Contract Time as p~ovided in the Contract Documents. for early completion of the Washint~on. DC 2oo06-S2!i2 ARTICLE 4 CONTRACT SUM 4.t The Owner shall pay the Contractor the Contract Snm in current f~nds fox the Contractor's performance of the Contract The Contract Sum shaJl be Five Rtmdred Fifty-Six Thousand Five Hundred Eighty-Re'tee Dollars(a 556,583.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following ~.ltemates, if any, which are described in the Contract Documems and are hereby accepted by the Owner: (Slate Iht .ambtrs or other idemiflcasion o/ acc~d Mt~rna~¢& ~f d~dsio.s on other ahern~tes ~¢ to b~ m~de ~y the Owner subsgqu~m to the ~ecu~ion of ~hls~regmcnl, attach a sch~ule of ~uch other alte~al~ showing the amount for each and ~he dat~ when th~ amount expires,) See Ptici~ S~ fOr volunta~ alte~es offered t~ ~er to be selected at the ~er's discreti~, but prior to the ordering of ~terial to be iaco~gated ia :he ~rk. game Bid $~56,583.00, delete truck locks 17 ($167,000.~), add transition plates ~ ($12,600.00), ~oCal Comcracg $402,183.00 4.3 Li~it prices, if any, are as follows: ARTICLE S PAYMENTS 5.1 PROGRESS PAYM £N TS ~.t.1 Based upon Applications for Payment submitted to the Architect by thc Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress pennants on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract 5.1.2 The period covered by each Applicalion for Payment shall be one calendar month ending on the last day of the month, or as follows: s.l,a Provided that an Application for Payment is received by the Architect not later than the 'J~nl:Y-lrLf th day of a month, the Owner shall make payment to the Comractor not later than the T~euty-FifCh day of the folXo%ri.ng month. If an ~:pplication for Payment is received by the Architect after the appLlcafon date fixed above, pay- ment shall ~ made by the Owner not later than thirty days after the Archit~t receives the Application for Payment, 5,1.4 Each Application for Payment shatl he based on the most recent scJtedule o f values submit. ted by the Contractor in accordance with the Contract Documents, The schedule of values shall allocate the emire'Contract Sum among the various portions of the Work, The schedule of values shall be prepared in such form and supported by such dali to substantiate its accuracy as the Architect may require. This schedtde, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.13 Applications for Payment shall indicate the percentage of completion of each portion o£th¢ Work as of the end of the period covered by the Application for Payment. ~.1.~ Subiect to other provisions of the Contract Documents, the amount of each progress pay- ment shall be computed as follows: .i Take that portion of the Contract Sum properly allocable to completed Work as deter- mined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of val- ues, less retainage of Ten percem ( 10 %). Pending final determi- nation of cost to the Owne~ of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document Afro-t997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment de/ivered and suitably stored at the site for subsequent incorporation in ~he completed constroction (or, if approved in advance by the Owner, suitably slored off' the site at a location agreed upon in writing), less retainege of Ten percerg ( 1.O %); .a Subtract the aggregate o£ previous payments made by the Owner; and .* Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph ~.~ of AIA Document kaoiq~9F, s.l.7 The progress payment amount determined in accordance with Subparagraph 5.t.s shall be further modified under the following circumstances: .t Add, upon SubstantJal Completion of the Work, a sum sufficient to increase the total pay- meres' to the tull amount of the Contract Sum. le~s such an~ount~ as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph ~,8.5 of AI8 Document A2o~-~99? r~quires rd~ase Of applicable regamag¢ upon Substantial Cornplaion of Work with consent of surety, if any.) a Add, il' final completion of the Work is thereat.ret materially delayed through no fault of the Contractor, any- additional an~ounts payable in accordance with Subpaxagraph O~AIA Document A2m-a997. Reduction or limitation of retaJnage, if any, shall be as follows: is illlend~d, prior to Substantial Cotnpl~lion of thr ~nlira Work, to reduca ot limit the retaina~e r~suhing $,t.~ Except with thc Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipmem which have not been delivered and stored at the site. 5,2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be ma& by th~ Owucr to th: Contractor when: .t the Contractor has fially performed the Contract except for the Contractor'~ responsibil- ity to correct Work as provided in Subparagraph 12.2.2 oleAIA Document Aam-t~7, and to satisfy other requireraems, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect AGREEMENT Washington, ri.C, 2oO06.5292 5.2.2 The Ovmer's final payment to the Contractor shall be made no later than 30 days after the ismaoce of the ^rchitect's final Geztificate for Payment, or as follows; ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided tn Aztide 14. of AIA Document A2o1~1997. The Work may be mspen&d by, the Owner as provided in At~.icte ~4 of AIA Document A2olq997. ARTICLE 7 MISCELLANEOUS PROVI$1ON~ I,t Where reference is made in this Agreement to a provision of AIA Document A2mq~7 or another Contract Docmnent, the reference refers to fhat provision as amended or supplemented by other provisions of the Contract Documents. ?.2 Payments due and m~paid under ~he Contract shall bear intzrest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate pt*~v'a.i.ling from time to time at the place where the Project is located. (tnsert rate of interest agreed upon, if any.) taws and ofner regulations al the O~ne?~ and Canzracto£s principal place.~ of b~dness, the l~ation of Proj~ ~nd dsewkere may ~ffoc~ the ~alidily of rhis p~O~i~ion. L~gal ~iee s~uld be obtainea with 7.3 Thc ~ner's representative is: (~ar~m addre~ and other informmion) ~. Keith ~ert~n 1000 ~ail ])rive Fort ~11, SC 29~15 74 The Contractor'1 representaO~ (Name, ~dre~ and other infornmlion) 203 L~dale ~c~icsburg, PA 17050 1.5 Neither the Ownerk nor the ~ntrac~t's ~presentati~ shall be ch~ged without ten days' written uotke to the other 7.6 Other provisions: ARTICLi 8 ENUMERATION OF CONTKACT DOCUtqENTS a.i The Con'tract Documents, except for Modifications issued after execution of this A~reemel/t, are enumerated as follows: 8,1.1 The ~ement is fll~ ~e~t~ i~/edition of the Standa*d Form of ~ement Between Owner and Contractor, ALI Document 8.1.1 The Gener~ ~nditions a~ the x~Y7 edition of the GenerM Conditions of the Contract for Constmc~on, A~ Document l,l.l The Supplementa~ and other Conditions of the Contract are ~ose contafi~ed in the Project M~ual dat~ , ~d ~ as folBws: Document Title Pages Not tpplicahle 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8. t.3, and are as follows: (Either list the Specifications har~ or velar to a~ ~xhibie anached ~o lhi5 Agreement,) Section Title Pages Scope of Work Letter from DCB and Co~pany, Inc. dated July 31, 2002 s.l.~ The Drawings are es follows, and are dated different date is shown below: (Eith¢~ 1i,~1 the Drmeings h~ra or refo' to an exhibit attached tO this Agreement,) Number Title Date Applicable a.l.r~ The Addenda, if any, are as follows: Number Date Itot &pp.l.ieab le Pages Portions o~ Addenda relating to bidding requirements are not part of the Contract Document,~ unless the bfdding requirements aa:e also enumerated in this Article 8. ~.~.1 Other documgms, if any, formlng part of t he Contract Documents are as follows: ~riCi~§ S,~--t7 -copy Of original document telefaxed August 19, 2002. Revised' and re-sent &u~ust 20, 2002. This Agreement is entered into a~ of the day and y~ar first written above and is executed in at least three original cop/ea, o£which one is to be dalivered to the Contractor, one to the Architect for use in the administratton of the Contract, and the remainder to the Owner. (Print~l name and C 0 ti T R AC TO (Prtn~ed name and ~i~l~) caorl~,,¥ou ~hould sign an orlginal AIA document or a llc~nseH rcproduction. Originals contain the;IA Io~o ol Arehite~t s P/~G5 09113 ~oo~ '' 11~0~/2002 15:47 7789920s5,; DOB AND CDMP~NY INC P&GE 10/1~ ~&/05/2§02 16:38 FAt 1~g33~67~o1 ~II~ ~IL$0N ROLO 93/85 aec.,, - ~- ,,~eo",o"' 1o0~ by 4'o"' u lB*o" wtd=. 1'hoc ~ vmy i= li°/i~5/2002 ~6; ,:17 770992055~ DCB ~,ND COMPANY ][NC ~o12 B~.m .T~]3I'O SUI)POR,T SYSTI~IS MODIPICATIOI~ KAMAND CONSTRUCTION, INC., Claimant/Plaintiff ROSS STORES, INC., Owner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: coS- AFFIDAVIT JOHN E. ZIMMERMAN being duly sworn according to law deposes and says that, on November 3, 2003, he served the attached Notice of Filing Mechanics' Lien Claim on Ross Stores, Inc, the owner of the property against which the claim was filed, by Hand Delivery to Ray Hartman, Security who in turn gave it to Linda Reddig, Secretary to the Senior Vice President at 1707 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~-~3~X-~\\~-k On this, the ~.'X-hx ) SSN: ) day ,2003, before me, a Notary Public, personally appeared John R. Zimmerman, known to me (or satisfactorily proven) to be the individual mentioned above acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public