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HomeMy WebLinkAbout08-5599IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIVERSAL FOREST PRODUCTS EASTERN DIVISION, INC., Claimant, SYSJM, INC., V. Owner or Reputed Owner. No. ?$ - 5589 M LD STATEMENT OF MECHANICS' LIEN CLAIM Filed on behalf of Claimant, Universal Forest Products Eastern Division, Inc. Counsel of Record for this Party: D. Matthew Jameson III, Esquire Pa. ID No. 67764 Christopher M. Buell, Esquire Pa. ID No. 204068 BABST, CALLAND, CLEMENTS & ZOMNIR, P.C. Two Gateway Center, 8th Floor Pittsburgh, PA 15222 Firm No. 812 Telephone: (412) 394-5400 Facsimile: (412) 394-6576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIVERSAL FOREST PRODUCTS EASTERN DIVISION, INC., : No. Claimant, V. SYSJM, INC., Owner or Reputed Owner. STATEMENT OF MECHANICS' LIEN CLAIM Claimant Universal Forest Products Eastern Division, Inc. ("UFPED"), by and through its counsel, Babst, Calland, Clements and Zomnir, P.C., files this Statement of Mechanics' Lien Claim as "contractor" as defined under § 1201(4) of the Mechanics' Lien Law of 1963 ("Lien Law"), 49 P. S. §1101 et se q., against the premises described herein, any and all buildings erected thereupon, and the curtilage appurtenant thereto, for the payment of $64,373.70, together with interest, due to it as contractor. The following is a statement of its claim: 1. UFPED is a Michigan corporation with its principle place of business located at 2801 East Beltline NE, Grand Rapids, Michigan 49525-9736. 2. Owner or reputed owner SYSJM, Inc. ("SYSJM"), is a Pennsylvania corporation, and, upon information and belief, its principle place of business is 3611 Ridgeway Road, Harrisburg, Pennsylvania 17109. Upon information and belief, SYSJM is the fee-simple title holder to the property described more fully herein, but generally known as and municipally numbered as 2213 Eaglesmoor Lane, Enola, Pennsylvania 17025 (the "Premises"). 3. This claim relates to building supplies, materials and labor provided by UFPED, a contractor to SYSJM. UFPED delivered building supplies and materials to and performed labor upon the Premises, which is designated by the Recorder of Deeds of Cumberland County as Tax Parcel No. 10-05-0439-019, Lot #9, situate in Cumberland County, Pennsylvania, being more fully described in the Deed recorded June 6, 2007, in the office of the Cumberland County Recorder of Deeds at Deed Book 280, Page 1727. The legal description of the Premises is set forth in the Deed, which is attached hereto as Exhibit A. 4. Pursuant to a Contractor Agreement between UFPED and SYSJM dated February 1, 2008 (the "Contract"), UFPED provided the labor and materials set forth in the Contract. A true and correct copy of the Contract is attached hereto as Exhibit B. Between the date the Contract was entered into and work stopped on the Premises, UFPED provided the following kind and character of labor and materials called for in Exhibit A of the Contract: Structural Steel, 1st Level Framing, 2"d Level Framing, Roof Framing and House Wrap. A true and correct copy of the invoice reflecting the labor and materials provided by UFPED to the Premises is attached hereto as Exhibit C. 5. UFPED is a "contractor" as that term is defined under § 1201(4) of the Lien Law. 6. UFPED provided all labor and materials ordered and required, and provided the same on time, in a good and workman-like manner, with UFPED's last day of work performed on the Premises being on or about May 22, 2008. 7. Since May 22, 2008, SYSJM has refused to allow UFPED onto the Premises to complete its work. 8. The total amount claimed by UFPED to be due is $64,373.70, together with interest, due to it as a contractor. 2 9. This lien is claimed against the fee simple interest of SYSJM in the Premises. Respectfully submitted, BABST, CALLAND, CLEMENTS & ZOMNIR, P.C. Dated: September 19, 2008 Y D. Matthew Jameson III, Esquire Pa. ID No. 67764 Christopher M. Buell, Esquire Pa. ID No. 204068 Two Gateway Center, 8th Floor Pittsburgh, Pennsylvania 15222 Telephone: (412) 394-5400 Facsimile: (412) 394-6576 Firm ID No. 812 Counsel for Claimant, Universal Forest Products Eastern Division, Inc. 3 VERIFICATION I, Stephen Benko G. Benko, a General Manager of Operation of Universal Forest Product Eastern Division, Inc., a Michigan corporation, verify that facts set forth in the foregoing Statement of Mechanics' Lien Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements made therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Universal Forest Products Eastern Division, Inc. September ?, 2008 By txk;6J A "..d . ELI.. { T, . ._ ? li r' 2007 JUN 6 Pal 2 04 49" 910a TAX PARCEL NO. 10-05-0439-008 MADE THE SS day of in the year two thousand seven (2007) BBTWZBJV ROBERT E. KNAUB and SUSAN F. KNAUB, husband and wife, of Enola, Pennsylvania, Grantors, AND SYSJM, INC., a Pennsylvania corporation, of 2457 Mercer Street Harrisburg, Pennsylvania, Grantee, {'11ET'H, that in consideration of ONE HUNDRED SIXTY-NINE THOUSAND -------------- ----------------------------------------------- ($169,000.00)------------------------------------- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, its successors and assigns, ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, lying along Eaglesmoor Lane, and being approximately 670.00 feet southwest of the intersection of Eaglesmoor Lane and Pellingham Circle, bounded and described as follows, to wit: BEGINNING at the intersection of the easterly right-of-way line of Eaglesmooalong L (50 feet said Lot wide), with the line of division between Lots Nos. 8 and 9; extending () thence No. 8, South 87 degrees 25 minutes 43 seconds East, 262.61. feet; extending (2) thence along lands now or formerly of David R. and Bertha Bretz, South 04 degrees 37 minutes 13 seconds East, 175.77 feet; extending (3) thence along Lot No. 10, South 85 degrees 22 minutes 47 seconds West, 184.76 feet; extending (4) thence along the same, North 59 degrees 44 minutes 03 seconds West, 150.00 feet to the easterly right-of-way line of Eaglesmoor Lane; extending (5) thence along said right-of-way line by a curve to the left, having a radius of 275.00 feet, an arc distance of 132.92 feet, and a chord bearing and distance of North 16 degrees 25 minutes 07 seconds East, 131.63 feet to the place of BEGINNING. CONTAINING 1.172 acres. W IAGd7V SUBJECT to a 20 feet wide emergency access easement, the easterly line of said easement being contiguous and parallel to the second course and 3 of the previous description. dung between and extending up arcontracting to courses 1 and BEING Lot No. 9, as shown on a Plan entitled "Final Subdivision Plan for Phase 1, Wentworth eEstates", ilated Noc a York, Pennsylvanilast revised April 11, a, and recorded in Cumberland County Office of the Inc., by LSC Design, Recorder of Deeds in Plan Book 87, Page 50. UNDER AND SUBJECT to a Declaration of Restrictions, Covenants and Conditions for Wentworth Estates Planned Community, dated June 3, 2003, and recorded June 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, in Book 698, Page 599. FURTHER UNDER AND SUBJECT to a Declaration Creating and Establishing Wentworth Estates Homeowners' Association, dated June 3, 2003, and recorded June 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 698, Page 636. FURTHER UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, conditions, easements and other matters appearing as of record. BEING THE SAME PREMISES which Smith Land & Improvement Corporation, a Delaware Corporation, and Kinsley Equities II Limited Partnership, a Pennsylvania limited partnership, by Deed dated May 19, 2004, and recorded June 1, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 263, Page 1374, granted and conveyed unto Robert E. Knaub and Susan F. Knaub, husband and wife, Grantors herein. vylps,? FIV ?15 M yN Ir ? M .,.mow Q?pp? .,p Ky ?, ?j ©p Q C7 L'? Q CS O CS a, 5 Qom. N• ' v fJ? y ?..-oo R.Jf hJ ma wrl7a x?;6; f ? ? u?II?N CONTRACIOR Af RE MENT THIS CONTRACTOR AGREEMENT ("Agreement") made this 1St day of February 2008 , by and between SYSJM, Inc ("Builder"), and Universal Forest Products )=astern Division, lnc_ d/b/a Atlantic Building Professionals ("Contractor") WHEREAS, Builder desires to hire Contractor as am independent contractor to assist Builder in Builder's performance of its contract with a customer of Builder, and Contractor desires to render such services to Builder NOW, THEREFORE, in consideration of the respective agreements and commitments set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of'the patties, Builder and Contractor agree as follows: 1. Duties and ResuonsibUitles, Contractor shall provide the goods and/ or services specified in and in accordance with the schedule set forth in Exhibit A to this Agreement, as presently constituted or later amended. Exhibit A shall contain the same Scope of Work requited under the contract between Builder and Owner Construction ("Prime Contract") 2, C. omQensadon. Contractor shall be paid the amount specified in Exhibit A to this Agreerncnt as its sole compensation for the goods or services provided by Contractor under this Agreement Contractor shall be responsible for payment of all taxes on this compensation. No taxes will be withheld by Builder tram payments to Contractor under this Agreement. A F'or'm 1099 will be issued to Contractor it'required by law. 3. Terns of Agreement This Agreement shall expire upon Contractor's satisfactory completion of'its duties as specified in Exhibit A. However, Builder may terminate this Agreement upon Contractor's material breach ofthis Agreernont, 4. Jindgnendent Contractor. Contractor is retained by Builder hereunder only for the purposes and ro the extent set forth in this Agreement, and Contractor's relationship to Builder shall at all times be that of an independent Contractor, not an employee Contractor shall not be eligible to receive any employee bencfrts from Builder Contractor shall not be deemed for any purposes wbarsoever to be an agent of Builder. and shall have no authority to bind Builder in any fashion, except as specifically authorized in writing by Builder 5.. Nondisclosure of Trade Secrets and Confidential Information- rxecpt as Contractor's duties on behalf of Builder inay require, or as Builder may otherwise consent in writing, Contractor will not, either during or afer this Agreement, disclose or use in any way infocmation, knowledge or data Contractor became aware of in the course of Contractor's relationship with Builder which is treated as confidential by 131111dor or its customers.. or which is s trade secret of Builder or its customers, including, but not limited to, plans, designs, formulas, business processes, BuilderlRe:.ailer Contractor 04/02 2008 15:14 FAX 7176954435 2002/005 methods, inventions, discoveries, computer programs, pricing information, customer information, prospective automat information, and supplier information. 6. Severability Except as otherwise provided in this Agreement, if any provision of this Agreement, or part thereof, shall be determined by a court or agency of competent jurisdiction to be contrary to law, the remainder of this Agreement shall continue the Agreement between the parties 7. Snfety. Contractor shall take all reasonable safory precautions with respect co the Work, shall comply with all applicable laws, ordinances, rules, regulations, requirements and orders of any public authority for the safety of persons or property, including specifically clie Occupational Safety and Health Act of 1970 and the Construction Safety Act of 1969 8. Insurance. Contractor shall, at its own expense, procure and maintain insrrance of the type and amount evidenced in the attached insurance certificate 9. Liens.. Contractor shall present the goods and/or services required under this Agreement free from all liens against the property, so long as Contractor has beet) paid in full for the work it has performed 10. -Miscella eous. A. AvOlicable Law/Consent tQ Jurisdiction. This Agreement and the rights of the parties hereunder shall be interpreted in accordance with the laws of the state where the project is located.. Contractor hereby consents to the exclusive jurisdiction and venue of the courts of that state with regard to any dispute between the patties regarding this Agreement- B. Entire A reemeatt. This Agreement contains the entire agreement between the parties, and supersedes and annuls all other agreements, contracts, promises or representations, whether written or oral Each of The parties hereto further declares and represents that no promises, agreements or representations have been made in connection with this Agreement, nor have any promises, agreements or representations been relied upon by either patty in executing this Agreement, except as expressly set fords herein. Doth Contractor and Builder hcrcby declare that they have read this Agreement, and that they fully understand its terrrrs and conditions. C. Modifications. No subsequant agreements, contracts, promises or representations shall be binding and effective between the parties, unless set forth in writing and - signed by both Builder and Contractor. D. Binding, Effect. This Ae eemenz shall be binding upon the parties and their successors and assigns E, Attorney Fees and Costs. In the event either party bereto institutes legal Builder/Retailer Contractor - 04/'02 200B 15:14 FAX 7176954435 Z 003/005 action against the other party to interpret 01' enforce this Agteement or to obtain damages for any alleged breach hcrcof,' the prevailing party in such action shall be entitled to an award of reasonable costs and attorneys' fees incurred at all levels (including, without limitation, appellate levels) IN WITNESS WHEREOF, the parties have executed this Agreement on the dace written above Builder: s t/c5 Z m? I -% -- By.- 61 0-06 and Authorized Representative Universal Forest Products Eastern Division, Inc. d/bla Atlantic Building Professionals By. Its: and Authorized Representative Ruildez/ReC.ailer Con-raetor 3 04/02 2005 15 14 FAX 7176354435 Exhibit A Project; Samantha House Draw Schedule 12004/005 Structural Steel $4,469.55 Supply and lustall in Lowor Lavel 1" Level Framing $17,878.20 SuphlV and Install F1ooi kii<t+ and Wall F aming 2"I level Framing $17,878.20 Supply and Ins1111 Floor Joists and Wull Pi-timing Roof Framing 522,347.75 Supply and lnniall Roof Trums, Pield Framing, Sheathing, and Temp-Perm Bracing House Wrap & Windows 58,939.10 Suppl} and Install Tyvek House Wrap & Install Only Windows I'' Punchout $8,939.10 All I. e?ek complete Mom trades 2" d Punchout $8,9.3910 All Levels complete afte, trades Total $89,391.00 Builder/Retailer, Contractor 4 04/02 2003 15:14 FA`( 7176954435 Project: Samantha House SCOPE Exhibit A Matexial & labor supplied include but inay not be transited to: Structural Steel Beams Field Framed Walls Temporary wall Bracing Plumb/String Walls Safety Barriers in Windows Building Wrap/ Tape Flour System T11230 series joists Sub-Floor (glued & nailed) Wood l3vicing/B locking Rimboard Pre-fabricated Roof 'I't usses Very Top Plate Wood Blocking BeaIIIS/l leade?s Exre?7or Sheathing Beams Band Sheathing Hardware for wood connections Roof sheathing; T'ernporary/Permanent Bracing Rake/Fascia Valley Framing Hip Corner Framing Hardware for wood connections MISC. Framing Builddowns/Balkhexds Porch Framing Tub Decks Brick Build outs Fave Build outs Replacement Studs Windows/Exterior Doors Only installation of mzLei rats supplied by others (wood framed doors only) Misting/Cnulkint, Flange Taping Services Project Manger Curpentry Foreman Roof Truss/I-joist drawings Forklift (if needed) Crane for Roof' Trusses Site Container for Equip Site Cleanup (dumpster not providers) 2005/005 Builder/Retailer Contractor 5 Unlversal Forest Product. Builder SVSJM, Inc. New Windsor, MD Project: Samantha House - Plant 301 Location: Harrisburg, PA Draw Breakdown MBA/PON Vendor Coal Selling Margin Tax Total Lower Level Loose Materiel Steel Lorry Level MAtertuTOtaI 1 500.00 $ 3,000.00 $ 4,600.00 2,30769 $ 3,750.00 $ 6,067.69 35.00% 20.00% 25.71% 138A6 $ 225.00 14 363.46 2,446.15 3,975.00 $ 6,421.15 Lower Level Rend Labor Total'- Lowy Level $ 1,500.00 $ 6,000,00 $ 1,578.95 E 7,636.64 5.00% 21,43% § $ 36146 $ 1,576.95 $ 8,000.10 I St Level Floor L0o4CMateriel 1 st level Fbor S em let Level Floor Material Total § 1,211.95 $ 5,000.00 ; 6,211.96 $ 1,514.94 $ 6,250.00 $ 7784.94 20.00% 20.00% 20.00% $ 90.90 $ 375.00 $ 465.90 $ 1,805.83 $ 6,625.00 $ 8,230.83 1 St Level Floor Framing Labor Total • 1 at Level Floor $ - $ 6,211.95 $ $ 7,764.94 5.00% 20.00% 1$ $ 465.80 $ E 8,230.63 1St Level Wall Loose Material IV Level Floor Materiel Total $ 4,107.37 $ 4,107.37 $ 5,134.21 $ 5,134.21 20.00% 20.00% $ 308.05 1$ 308.05 $ 5,442.29 ; 5,442.26 1 St Level Wall Framin Labor Total :1 at Level Well! $ 10,370.00 $ 14A77.37 $ 10,91539 $ 16,050.00 5.00% g.80 1$ $ 308.05 3 10.915.79 $ 16,358.05 2nd Level Floor =star el 2nd Level Floor 2nd Level Floor Material Total $ 645.43 4 000.00 S q 6/5.43 $ 806.79 5 000.00 S 5 806.79 20.00% 20.00% 20.0 $ 48.41 300.00 S 348.41 $ 855.19 5,300.00 $ 6,156.19 2nd Level Floor Fremi Labor Total - 2nd Level Floor $ $ 4,645.43 § E 5,806.79 5.00-/. 20.00 1$ $ 348.41 $ E 6,155.19 2nd Level Well Loose Material 2nd Level Wait Panels 2nd Level Wall Material Total $ 2,537.81 $ 2 537.81 $ 3,172.26 $ 3,172.26 20,00% 201D0% 20.00%1 $ 190.34 $ 190.34 $ 3,362.60 S 3 382.60 2nd Level Wall Framing Labor Total-2nd Level Wee $ 10,000.00 $ 12,637.81 $ 10,526.32 $ 13,69858 5.00% 5.47%1 $ $ 180.34 $ 10,526.32 E 13,888.92 Mein ROOF IAOee Material Main Roof - T"ses $ 3,359.18 7 470.49 § 4,198.95 " 10"826 .00 20.00% 31.00% § 251.94 649.61 $ 4,450.89 11 478,40 Main Roof Material Total ; 10 829.66 _ ; 15 025.75 27.93%1 $ 901.54 16 927.29 Main Roof Total - Nave Roo Building Wre 1 $ 14,500.00 $ 15,263.16 5.00% $ 15,283.16 $ 25,329.65 $ 30,28891 tBS $ 901.54 $ 31,190.45 $ 900.00 1384.62 35.00% 83.081 $ 1487.89 Building Wrap Material Total $ 900.00 ; 1384.62 35.00% 93.08 1,457.69 Building Wrap- FraminLabor Total - Buildin wry $ 1,500.00 $ 2,400.00 $ 1,578.95 $ 2 963.56 19.02% $ 83,48 $ 1,578.95 $ 3,04684 Pund-t Al - n min Lehr Total • Punchout #1 $ 850.00 $ $50.00 $ 894.70 $ 894.74 5.00%1 5.00% $ E $ 894.74 $ 894.74 Puncho14 92-rremi Labor I s 850.00 i s 894.74 5.00% § $ 894?74 Total-Punchout a2 S 850.00 $ 894.74 5.oo $ S 894.74 Windows - rramiLabor. $ 694.77 $ 731,34 ... .. 5.00%1 . . $ $ 731.34 Total - Windows i s 694.771 $ 731.34 5.00 $ S 731.34 Builder Draw Schedule Material Labor Total Lower Level $ 6,421.15 $ 1,578.95 $ 6,000.10 1 St Level floor $ 8,230.83 $ $ 8,230.83 1 st Level Wall $ 5,442.26 $ 10,915.79 $ 16,350.05 2nd Level floor $ 6,155.19 $ - $ 6,155.19 2rM Level WM $ 3,362.60 $ 10,526.32 $ 13,888.92 Man Rool $ 15,927.29 $ 15,263.18 $ 31,190.45 Buld'ng Wrap $ 1,467.69 $ 1,578.95 $ 3,046.64 P-1. 11 $ - $ 894.74 $ 894.74 P-hmt ar $ $ 094.74 $ 894.74 Windows $ $ 731.34 E 731.34 $ 47,00703 $ 42,383.97 S 09.391.00 Sub-Contractor Draw Schedule Labor wor Level $ 1,500.00 1 s1 Leval Wall $ 10,370.00 nd Leval Wall $ 10.000.00 Main Goof $ 14,500.00 Building Wrap $ 1,506.00 Punoh.t4t $ 850.00 P-h.t 42 $ 850.00 Windows $ 694.77 $ 40,264.77 X??b;+? UNIVERSAL FOREST PRODUCTS EASTERN DIVISION #301 TELEPHONE: 410-549-1000 FAX: 410-549-1160 Revised Invoice PAGE 1 Invoice # Order# Terms Your PO# E 3i 11 TO: SYSJM, Inc. 501 Hamilton Street Harrisburg, PA 17103 ip To: Carrier: Vehicle-ID: QUANTITY TOTALS Structural Steel 1st Level Framing 2nd Level Framing Roof Framing House Wrap - Install Tyvek House Wrap Remit To: Universal Forest Products Eastern Division, Inc. 1000 Tibbetts Lane New Windsor, MD 21776 Total: 1594, 1595, 1596, 1623, 2185 • 1% 60 DAYS ADI Invoiced 08/14108 Ordered Shipment# Ship Date 05122/08 Ship Terms Market Samantha House Harrisburg, PA VIA: PRICE AM $4,469.55 $17,878.20 $17,878.20 $22,347.75 $1,800.00 64.373.70 PAYABLE IN USD Any transaction contemplated under this invoice is he eby expressly made subject. t th Term, and Co dic s fSl available on Selle[ w bsite at wwr.u:p 1. com/terms.htm, lihere legal, s-i- charge of 1 112i per month will be charged on all unpaid balances after 30 days. Anneal rate of 184. 7p C? ??- --i C C) ? . W J a rQ C ! SHERIFF'S RETURN - OUT OF COUNTY L CASE NO: 2008-05599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIVERSAL FOREST PRODUCTS EAST VS SYSJM INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER to wit: SYSJM INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On October 1st , 2008 , t attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 47.25 Posta e 3 80 So ;aromas Kline iff of Cumberland County 9 88.05 / lu1uQ p 10/01/2008 BABST CALLAND CLEMENTS ZOOMNIR Sworn and subscribe to before me this day of , s office was in receipt of the A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania, Universal Forest Products Eastern Divisiot;. Inc.= vs. SYSJM Inc No. 08-5599 civil Now, September 23, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at o'clock M. served the within upon at by handing to and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before - me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA IL Mary Jane Snder Real Estate Depu William T. Tully Solicitor t art Of A l'*, Cr Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania UNIVERSAL FOREST PRODUCTS EASTERN DIVISION INC. VS County of Dauphin SYSJM INC. Sheriffs Return No. 2008-T-2039 OTHER COUNTY NO. 085599 And now: SEPTEMBER 29, 2008 at 8:58:00 AM served the within MECHANICS LIEN CLAIM upon SYSJM INC. by personally handing to DENYSSE ROSAREO 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 3611 RIDGWAY ROAD HARRISBURG PA 17109 WIFE Sworn and subscribed to before me this 29TH day of September, 2008 A2?x?? NOTARIAL SEAL ARY JANE SNYDER. Notary Publi Highspire, Dauphin County M Commission Expires Set 1, 2010 So Annsswers,? Sheriff of D " By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 9/25/2008 i Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIVERSAL FOREST PRODUCTS : No. 08-5599 EASTERN DIVISION, INC., : Claimant, AFFIDAVIT OF SERVICE V. Filed on behalf of Claimant, Universal Forest Products SYSJM, INC., Eastern Division, Inc. Owner or Reputed Counsel of Record for this Party: Owner. D. Matthew Jameson III, Esquire Pa. ID No. 67764 Christopher M. Buell, Esquire Pa. ID No. 204068 BABST, CALLAND, CLEMENTS & ZOMNIR, P.C. Two Gateway Center, 8th Floor Pittsburgh, PA 15222 Firm No. 812 Telephone: (412) 394-5400 Facsimile: (412) 394-6576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIVERSAL FOREST PRODUCTS EASTERN DIVISION, INC., Claimant, V. SYSJM, INC., Owner or Reputed Owner. STATE OF PENNSYLVANIA COUNTY OF ALLEGHENY No. 08-5599 AFFIDAVIT OF SERVICE SS: Before me, the undersigned authority, personally appeared Christopher M. Buell, Esq., who, being duly sworn according to law, deposes and states as follows: 1. I am an associate in the law firm of Babst, Calland, Clements and Zomnir, P.C., Two Gateway Center, 81h Floor, Pittsburgh, Pennsylvania 15222. 2. 1 am a competent adult. 11 3. On September 29, 2008, service of the Statement of Mechanics' Lien Claim in the above-captioned matter was made upon SYSJM, Inc., by Deputy Sheriff Conway of the Dauphin County Sheriffs Office by personally serving Denysse Rosareo at 3611 Ridgeway Road, Harrisburg, Pennsylvania 17109. A true and correct copy of the Sheriffs Return of Service is attached hereto as Exhibit A. A true and correct copy of the Statement of Mechanics' Lien Claim is attached hereto as Exhibit B. 4?1_ nff Christopher M. Buell, Esquire Sworn to and subscribed before me this day of 0ern&e 2008 Not4iy Public r My commission expires. ? 1-1 i" ct 0 T O PENNSYLVANIA Notarlel Seal Sharon A Zeto, Notary Public Cky Of Pittsburgh, A1leghewq county MVQMM*Won Exj-*n Nov. 21,2009 Member, Psnnaytvanla Assoclation of Notaries 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Affidavit of Service was, this 14t" day of October, 2008, served via first-class U.S. mail, postage prepaid, upon the following: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center, 3Cd Floor 4431 North Front Street Harrisburg, PA 17110-1778 Christopher M. Buell, Esquire A Oct. 13, 2003 3,39FM f 'Sherfff Mar Jane Sn?der R 11;statc Dcpu y William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph (717) 790-6590 fox: (717) 255-2689 Jack Lotwick Shanff Commonwealth of Pennsylvania County of Dauphin No. 2300 F. Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy UNIVERSAL FOREST PRODUCTS EASTERN DIVISION INC. VS SYSJM INC. Sheriffs Return No. 2008-T-2039 OTHER COUNTY NO. 085599 And now: SEPTEMBER 29, 2008 at 8:58:00 AM served the within MECHANICS LIEN CLAIM upon SYSJM INC, by personally handing to IDENYSSE ROSAREO 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 3611 RIDGWAY ROAD HARRISBURG PA 17109 WIFE Sworn and subscribed to before me this 29TH day of September, 2008 "?Al EC NOTARIAL SEAL JANt SNYDGR, Notary Fubli ighspire, Dauphin County lmmission Expires Set I, 2010 So Answers, L of By _- Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 9/25/2008 1 b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIVERSAL FOREST PRODUCTS EASTERN DIVISION, INC., No. pg - 55Qg kLD Claimant, V. SYSJM, INC., Owner or Reputed Owner. STATEMENT OF MECHANICS' LIEN CLAIM Cs Filed on behalf of Claimant, r Universal Forest Products ` Eastern Division, Inc, c Counsel of Record for this Partydy; Z D. Matthew Jameson III, Esquire Pa. ID No. 67764 Christopher M. Buell, Esquire Pa. ID No. 204068 BABST, CALLAND, CLEMENTS & ZOMNIR, P.C. Two Gateway Center, 8th Floor Pittsburgh, PA 15222. Firm No. 812 Telephone: (412) 394 5400 Facsimile: (412) 394-6576 N LJ CD rC/) rv rte; T'J c? CrI 0 -„ x CT T 31 -c M M 1 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIVERSAL FOREST PRODUCTS No. EASTERN DIVISION, INC., Claimant, V. SYSJM, INC., Owner or Reputed Owner. STATEMENT OF MECHANICS' LIEN CLAIM Claimant Universal Forest Products Eastern Division, Inc. ("UFPED"), by and through its counsel, Babst, Calland, Clements and Zomnir, P.C., files this Statement of Mechanics' Lien Claim as "contractor" as defined under § 1201(4) of the Mechanics' Lien Law of 1963 ("Lien Law"), 49 P.S. §1101 et seq., against the premises described herein, any and all buildings erected thereupon, and the curtilage appurtenant thereto, for the payment of $64,373.70, together with interest, due to it as contractor. The following is a statement of its claim: 1. UFPED is a Michigan corporation with its principle place of business located at 2801 East Beltline NE, Grand Rapids, Michigan 49525-9736. 2. Owner or reputed owner SYSJM, Inc. ("SYSJM"), is a Pennsylvania corporation, and, upon information and belief, its principle place of business is 3611 Ridgeway Road, Harrisburg, Pennsylvania 17109. Upon information and belief, SYSJM is the fee-simple title holder to the property described more fully herein, but generally known as and municipally numbered as 2213 Eaglesmoor Lane, Enola, Pennsylvania 17025 (the "Premises") 3. This claim relates to building supplies, materials and labor provided by UFPED, a contractor to SYSJM. UFPED delivered building supplies and materials to and performed labor upon the Premises, which is designated by the Recorder of Deeds of Cumberland County as Tax Parcel No. 10-05-0439-019, Lot #9, situate in Cumberland County, Pennsylvania, being more fully described in the Deed recorded June 6, 2007, in the office of the Cumberland County Recorder of Deeds at Deed Book 280, Page 1727. The legal description of the Premises is set forth in the Deed, which is attached hereto as Exhibit A. 4. Pursuant to a Contractor Agreement between UFPED and SYSJM dated February 1, 2008 (the "Contract"), UFPED provided the labor and materials set forth in the Contract. A true and correct copy of the Contract is attached hereto as Exhibit B. Between the date the Contract was entered into and work stopped on the Premises, UFPED provided the following kind and character of labor and materials called for in Exhibit A of the Contract: Structural Steel, 151 Level Framing, 2"d Level Framing, Roof Framing and House Wrap. A true and correct copy of the invoice reflecting the labor and materials provided by UFPED to the Premises is attached hereto as Exhibit C. 5. UFPED is a "contractor" as that term is defined under § 1201(4) of the Lien Law. 6. UFPED provided all labor and materials ordered and required, and provided the same on time, in a good and workman-like manner, with UFPED's last day of work performed on the Premises being on or about May 22, 2008. 7. Since May 22, 2008, SYSJM has refused to allow UFPED onto the Premises to complete its work. 8. The total amount claimed by UFPED to be due is $64,373.70, together with interest, due to it as a contractor. 2 This lien is claimed against the fee simple interest of SYSJM in the Premises. Respectfully submitted, BABST, CALLAND, CLEMENTS & ZOMNIR, P.C. Dated: September 19, 2008 By: P4 - D. Matthew Jameson III, Esquire Pa. ID No. 67764 Christopher M. Buell, Esquire Pa. ID No. 204068 Two Gateway Center, 8th Floor Pittsburgh, Pennsylvania 15222 Telephone: (412) 394-5400 Facsimile: (412) 394-6576 Firm ID No. 812 Counsel for Claimant, Universal Forest Products Eastern Division, Inc. ,t VERIFICATION I, Stephen Benko G. Benko, a General Manager of Operation of Universal Forest Product Eastern Division, Inc., a Michigan corporation, verify that facts set forth in the foregoing Statement of Mechanics' Lien Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements made therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. September /6, 2008 Universal Forest Products Eastern Division, Inc. By: v s ?` 1 y. t' /'• 2047 JUN 6 Pfd 2 Oaf r 4T" Di"id TAX PARCEL NO. 10-05-0439-008 MADE THE day of in the year two thousand seven (2007) BETW33N ROBERT E. KNAUB and SUSAN F. KNAUB, husband and wife, of Enola, Pennsylvania, Grantors, AND SYSJM, INC., a Pennsylvania corporation, of 2457 Mercer Street Harrisburg, Pennsylvania, Grantee, W11 NBOAETH, that in consideration of ONE HUNDRED SIXTY-NINE THOUSAND------------ ( 169,000.00)------------------------------------- Dollars, ------------------------------------------------ in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, its successors and assigns, ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, lying along Eaglesmoor Lane, and being approximately 670.00 feet southwest of the intersection of Eaglesmoor Lane and Pellingha.m Circle, bounded and described as follows, to wit: BEGINNING at the intersection of the easterly right-of-way line of Eaglesmoor Lane (50 feet wide), with the line of division between Lots Nos. 8 and 9; extending (1) thence along said Lot No. 8, South 87 degrees 25 minutes 43 seconds East, 262.6 1, feet; extending (2) thence along lands now or formerly of David R. and Bertha Bretz, South 04 degrees 37 minutes 13 seconds East, 175.77 feet; extending (3) thence along Lot No. 10, South 85 degrees 22 minutes 47 seconds West, 184.76 feet; extending (4) thence along the same, North 59 degrees 44 minutes 03 seconds West, 150.00 feet to the easterly right-of-way line of Eaglesmoor Lane; extending (5) thence along said right-of-way line by a curve to the left, having a radius of 275.00 feet, an arc distance of 132.92 feet, and a chord bearing and distance of North 16 degrees 25 minutes 07 seconds East, 131.63 feet to the place of BEGINNING. CONTAINING 1.172 acres. ow 2W PACEi"M SUBJECT to a 20 feet wide emergency access easement, the easterly line of said easement being contiguous and parallel to the second course and extending between and extending up or-contracting to courses 1 and 3 of the previous description. BEING Lot No. 9, as shown on a Plan entitled "Final Subdivision Plan for Phase 1, Wentworth Estates", dated November 20, 2002, last revised April 11, 2003, Job No. 1001-846, prepared by LSC Design, Inc., York, Pennsylvania, and recorded in Cumberland County Office of the Recorder of Deeds in Plan Book 87, Page 50. UNDER AND SUBJECT to a Declaration of Restrictions, Covenants and Conditions for Wentworth Estates Planned Community, dated June 3, 2003, and recorded June 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, in Book 698, Page 599. FURTHER UNDER AND SUBJECT to a Declaration Creating and Establishing Wentworth Estates Homeowners' Association, dated June 3, 2003, and recorded June 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 698, Page 636. FURTHER UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, conditions, easements and other matters appearing as of record. BEING THE SAME PREMISES which Smith Land & Improvement Corporation, a Delaware Corporation, and Kinsley Equities II Limited Partnership, a Pennsylvania limited partnership, by Deed dated May 19, 2004, and recorded June 1, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 263, Page 1374, granted and conveyed unto Robert E. Knaub and Susan F. Knaub, husband and wife, Grantors herein. egqliffle?,Mma W M 9 9 ? x> '4 t, ' Q ?Cd C OOCi ^JGQC'+O "1 ° 5 `r' a r i- Q ? p N r??G+? µ ?7p7 ? C7 f, S cT V '+G (gyp \ ?'+ D? N -+t pt, i-+ cp d WK 4294Q Purim ?T AND the said grantors do hereby Wanunt Speoially the property hereby conveyed. IN W7TAIM W71BRE0F, said grantors have hereunto set their hand and seal the day and year first above written. Signed ed and Delivered sense of ?- -?-ii? STATE OF Tedt4??4 c COUNTY OFi H 4-s2a- ? On this, the ?t day of , 2007, before me, a Notary Public, the undersigned officer, personally ap?eared ROBERT E. KNAUB and SUSAN F. KNAUB, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WXFRBO,F, I hereunto set my hancVa4d official Pu It L. GNII CW" 90% a fir ComwAaW C,BvRTIFICATZ OF JUMFD.SJVCL+' I do hereby certify that the precise residence of the within named grantee(s) is: 09 hl Clllil&r:'I`Latlt' 290 WITA s1 `t Vtlglll!i191111u ??1YVII????ANdYN CON RACIOR AGREEMENT THIS CONTRACTOR AGREEMENT ("Agreement") made this 18t day of February 2008 , by and between,$Y&M, Inc ("Builder"), and Universal Forest Products Easteni Division, Inc_ dlbla Atlantic Building Professionals ("Contractor") WHEREAS, Builder desires to hire Contractor, as an independent contractor to assist Builder in Builder's performance of its contract with a customer of Builder, and Contractor desires to render such services to Builder NOW, THEREFORE, in consideration of the respective agreements and commitments set forth herein, and other good and valuable consideration, the receipt and sufficiency of" which is hereby aoluiow I edged by each of the parties, Builder and Contractor agree as follows: 1. Duties and Responsibilitles, Contractor shall provide the goods and/ or services specified in and in accordance with the schedule, set forth in Exhibit A to this Agreement, as presently constituted or later amended, Exhibit- A shall contain the same Scope of Work requited under the contract between Builder and Owner Construction ("Prime Contract") 2. Corm. Contractor shall be paid the amount spooifled in Exhibit A to this Agreement as its sole compensation for the goods or services provided by Contractor under this Agreement Contractor shall be responsible for payrrienr of all taxes on this compensation.. No taxes will be withheld by Buildei from payments to Contractor under this Agreement. A Form 1099 will be issued to Contractor ifrequired by law. 3. 1'erm of Agreement This Agreement shall expire upon Contractor's satisfactory completion of its duties as specified in Exb1bit A However, Builder may terminate this Agreement upon Cona•aetor's material breach ofthis Agreement, 4. Independent Contractor. Contractor is retained by Builder hereunder only for the purposes and to the extent set forth in this Agreement, and Contractor's relationship to Builder shall at all times be that of an independent Contractor, not an employee Contractor shall not be eligible to receive any employee benefits from Builder Contractor shall not be deemed for any purposes wbatsocver to be an agent of Builder. and shall hnve no authority to bind Builder in any fashion, except as specifically authorized in writing by Builder 5 . Nondisclosure of Trade Secrets and Coutidential Inforingtion. rcecpt as Contractor's duties on behalf of Builder may require, or as Builder may otherwise consent in writing, Contractor will not, either grin or after this Agreement, disclose or use in any way information, knowledge or data Contractor became aware of in the course of Contractor's relationship with Builder which is treated as confidential by Buildor or its customers.. or which is n trade secret of Builder or its customers, including, but not linhiied to, plans, designs, formulas, business processes, Builder/Retailer Contractor 04/-'U2 2008 15 14 FAX 7176954435 20021/005 methods, inventions, discoveries, computer programs, pricing infolmation, customer information, prospective customer information, and supplies information_ 6. Severability Except as otherwise provided in this Agreement, if any provision of this Agreement, or part thereof; shall be determined by a court or agency of competent jurisdiction to be contrary to law, the remainder of this Agreement shall constitute the Agreement between the parties 7. Safety. Contractor shall take all reasonable safety precautions with respect to file Work, shall comply with all applicable laws, ordinances, rules, regulations, requirements and orders of any public authority for, [lie safety of persons or property, including specifically the Occupational Safety and Health Act of 1970 and the Constiuction Safety Act of 11,469 8. insurance. Contractor shall, at its own expense, procure and maintain insurance of the type and amount evidenced in the attached insuranco certificate 9. Liens. Contractor shall present the goods and/or services required under this Agreement free from all liens against the property, so long as Contractor has beet) paid in full for the work it has performed 19.. .'Miscellaneous. A. Aprilicable Law/Consent to jurisdiction.. This Agreement and the rights of the parties hereunder shall be interprered in accordance with the laws of the state where the project is located. Contractor hereby consent; to the exclusive jurisdiction and venue of the courts of'that state with regard to any dispute between the patties regarding this Agreement B. Entire Asreemeltt. This Agreement contains the entire agreement between the parties, and supersedes and artnuls all other agreements, contracts, promises or representations, whether written or oral. Each of the parties hereto further declares and represents that no promises, agreements or representations have been made in connection with this Agreement, nor have Any promises, agreements or representations been relied upon by either party in axecuting this Agreement, except as expressly set forth herein. Both Contractor and Builder hereby declare that they have read this Agreement, and that Choy fully understand its terms and conditions. C. Modifleations. No subsequent agreements, contracts, promises or representations shall be binding and effective between the parties, unless set forth in writing and signed by both Builder and Contractor. D. Binding Effect, This Agreement shall be binding upon the parties and their successors and assigns r, Attorney Fees and Costs, h) the event zither party hereto institutes legal Bui'_der/Ret:ailerYrltFf Contractor 04/92 2008 15:14 FAY, 7176954435 f 0 003/005 action against the other party to interpret or enforce this Agreement or to obtain dainalyes for any alleged breach hereof; the prevailing party in such action shall be entitled to an award of reasonable costs and attorneys' fees incurred at all levels (including, without limitation, appellate levels) IN WITNESS WHEREOF, the parties have executed this Agreement on the date written abovo Builder: cS !17 r I "1 C- B y: Its: a66 and Authorized Representative Universal Forest Products Eastern Division, Inc. d/b/a Atlantic 190ding Professionals By: Its: _ and Authorized Representative Builder/RzC3iler ?}??I Cont;ractor 3 04:02 2008 1514 FAX 7176354435 Exhibit A Project, Samantha House Draw Schedule Structuial Steel 54,469.55 Supply and Insuill in Lower Level 1't Level Frarniii 517,878.20 tiupply and invWll hlooi tai<ta and Wall Fh;uving 2"0 Level Framing $17,878.20 Supply and Install Floor Joists and Will Framing Roof Framing 522,347.75 Supply and Install Roof Trusses, Field Flaming. Sheathing, and Temp-Perm Bracing House Wrap & Windows 58,939.10 Suppl) anti Install lyvck Blouse Wrap & Install Only Windows I" Punchout $8,939.10 All L.etek comple(e brlore miles 2,d Punchout $8,9.39 10 Ail Levels complem after trades Total $89,391.00 Builder/Retailer, Contractor Z004!005 4 04/02 2008 15:14 FA`( 7176354435 Project: Samantha House SCOPE Exhibit A a005/005 Material & labor supplied include but may not be limited to; Structural Steel Beams Field Framed Walls Temporary Wall Bracing Very Top Plate Plumb/String Walls Wood Blocking Safety Barriers in Windows Beams/1•leadeis Building Wraprlape Exterior Sheathing Floor System TJT230 series joists Beans Sub-Floor (glued & nailed) Band Sheathing Wood Bracing/Blocking Hardware for' wood connections Rimboard Pre-fabricared Roof Trusses Roof sheathing Ternpon)ry/Permanent Bracing Rake/Fascia Valley Framing Hip Corner Framing Hardware for wood connections Misc. Framing Builddowns/Bulkheads Porch Framing T'ub Decks Brick Build outs Fave Build outs Replacerm nt Studs Windows/Exterior Doors Only installation of maces ials supplied b y otheis (wood framed doors only) Nuilin lCaulking Flame T'apiii a _ services Project Manger CarpenLry Foreman Roof Tiuss/I-joist drawings Forklift (if needed) Crane for Roof Trusses Site Container for Equip Site Cleanup (dumpster not provided) Builder/Retailer Conu'<:ctor 1 f & Unlveraol Forest Products 9ultder SaSY53M, Inc. Maw Windsor, MO Pro?act: Mos Fla.[301 Locmlon: l,=q, PuA M POa V-1. La¢r lavdLm4a M0letid Steel Lower Level Material Total Cost 1500.00 3000.00 $ 4,500.00 Selling 2.307.89 S 3,750.00 $ 6,067.69 M.,gin 35.OOK 2040% 2S.11%1 Tax $ 138.46 $ 225.00 4 363.46 Total S 2,498.15 3,975.00 $ 6,421.15 Lt3ser Level Flamin Labof Toilet - Lower Level $ 1,578.45 $ 1,506.00 $ 1,578.95 5.00%1$ S 6,00040 S 7,636.64 21.93% $ 363.46 $ 8,000.10 1M.ol Flom LOOS. Malarial 1 sllevel Floor System $ 1,211.95 $ 5,000.00 $ "14.94 $ 0.250.00 2040% 2040% $ 990.90 1 375.00 $ 1.605,83 $ 6.625.00 is. Level R.or Malarial Total $ 6,211.96 $ 7,764.94 20.00% S 465.90 8,230.83 I51 Level Floor Frond Labor $ $ 540% E $ Total •1St Level Floor S 8,21145 S 7,764.94 20.00% $ 405.90 S 8,230.83 161 Level al Loose Material $ 1,107.37 $ 5,134.21 20.00%1$ 308.05 $ 5,142.26 Isl Level Moor Mat4rlel Total $ 4,107.37 $ 5,134.21 20.00% E 30BAS $ 5,442.26 15.]9 I iLevel Wall r! Labor $ 10,370.00 $ 10,915.79 5,00%1$- Tout •161 Level Wall $ 14,477.37 $ 16,050.00 9.80% $ 308.05 $ 16,358.05 2ndt.-I Floor Loo. Met.1. 2ndl--A %.S stem __ 2nd Level Floor MaMHal Total $ 845.13 4000.00 $ 4,645.43 $ 606.79 ZOAO% 5,000.00 20.00% 5,806.79 20.00%1 E 48.41 $ 300.00 348.41 $ S 655.19 5306.00 $ 6155.19 2n d Level ROOT Framing La- $ S 5,00%1 $ $ Total • 2nd Level Floor $ 4,645.43 $ 5,808.79 MA $ 348.41 $ 8,155.19 211 Levd Waal Leos. Melodist 2n d Laud Wall Panels $ 2,537.81 ; 3,172.26 20AO% 20.00% $ 190.34 $ 3362.60 2nd level Wall Materlal Tolal $ 2,537.81 $ 3,17L26 20.00% j 190.34 $ 3,352.60 2ndl.-t Wall fmn*V Lebo $ 10,000.00 $ 10,526.32 S 10,526.32 Total-2nd Level Wall S 12,537.81 S 1769858 8.47%$ 190.39 $ 13,888.92 Main Roal L-Motellal NanRoof Tn255es $ 3,,359.19 6 $ 4,198.95 7870.9 $ 10,026.00 20.00% j 251.94 31.00% $ 649.61 $ 1450.89 F 11.478.40 Main ROOf MNeHSI Total E 10,629.65 $ 15025.75 27.93K j 901.64 $ 15,92].29 Main Roof $ 14,500.00 $ 15,2631 8 5.00% $ S 15263,16 Total-Mein Roo/ S 25329.65 $ 30,288.91 16.37%$ 901.54 $ 31,190.45 Builds Mite 90 1364.62 35.00°n 93.08 1467.69 0ulMing wrap ale-1.1 Total $ 900.00 $ 1,384.82 35.00% $ 63.08 $ 1,167 Gg a,ikblgWraq - Rani,Labs $ 500.00 $ 1,578.95 5.00% $ $ 1578.95 Total -Buildin Wra $ $400.00 $ 2,963.56 19.0 $ 83.08 $ 3,046.64 Pu tclaxn at - Flemi, I-ah- is 850.M1 It 89434 5,00% 1$ $ 894.11 Total - Punohouf 81 S 850.00 $ $94.74 5.00% $ $ 894.74 Pe hm442-Fram' LMor $ B50.M $ A96.74 5.00% $ 991R94. S .71 Total -Punchout#2 $ 850.00 $ 894.74 5.00% $ $ 894.74 ' mvs- rtanun Labor S 894.77 $ 731.39 5.00% S $ 731.31 Total - Windows $ 694.771 $ 737.34 5.00% $ $ 73Y.34 Bailder Draw Schedule Materlal Labor Total La+r Level $ 6421.15 $ 1.578.95 $ 8,0x0.10 t stlovaV Fbor $ 8.230.83 E $ x,230.83 1 sllevelWan S 5,442.26 $ 10.91579 S 16,350.05 2ns Lav4I Fb $ 6,155.19 $ $ 6,155.19 2n4Leval Wal $ 3,962.80 $ 10.526.32 $ 13.688.92 Man R.0 $ 15,927.29 $ 15,263.19 $ 31 190.45 4'1'9 NVaP $ 1.467.69 j 1,578.95 $ 3.016.64 Pu - 41 $ S 804.74 $ 6994.74 PuKnwln E E 094.14 $ 891.74 W IW- $ j 731.34 $ 731.34 $ 47,007.03 S 42,303.97 $ 09,391.00 Sub-Contractor Draw Schedule Labor L-LOV $ 0,500.00 IslLavq lYall $ 10,370.00 2n4LOVOl Wa1 5 Io.o00.co Makn.., 14,500.00 8-Wo WrsP $ Sn00n P-- e'. $ 850.00 P?hhout P $ 850.00 W W-. $ 694.77 $ 40,26d.77 UNIVERSAL FOREST PRODUCTS EASTERN DIVISION #301 TELEPHONE: 410-549-1000 FAX: 410-549-1160 Revised Invoice PAGE Invoice # 1594, 1595, 1596, 1623, 2185 Invoiced 08/14/08 Order# Ordered Terms 1% 60 DAYS ADI Shipment# Your PO# Ship Date 05/22108 Ship Terms Market E3i11 To: SYSJM, Inc. Ship To: Samantha House 501 Hamilton Street Harrisburg, PA Harrisburg, PA 17103 Carrier: Vehicle-ID: VIA: QUANTITY PRODUCT DESCRIPTION PRICE AMOUNT Structural Steel $4,469.55 1st Level Framing $17,878.20 2nd Level Framing $17,878.20 Roof Framing $22,347.75 House Wrap - Install Tyvek House Wrap $1,800.00 TOTALS Remit To: Universal Forest Products Eastern Division, Inc. 1000 Tibbetts Lane New Windsor, MD 21776 Total: S 64,37170 PAYABLE IN USD Any transaction oontemp!abed under' Ills i-.1 e is her al wvr..ufpl. tom/Ieras. ht- Where legal, servlcec1 rg eby expressly made S11)jeet to tha Ter on and C -ons 11 Sale aval labia o elleis wehxlr.. e of 1 1/2L per month will be charged non all unpa idls la or es afr.nr ?fl da VSn shnnval race of IB:. ??:? ?.? _ ?= L_.. ?`:i? `p2 _,,.? _:; • . t. ? _r? _, i --'g `a r .s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIVERSAL FOREST PRODUCTS EASTERN DIVISION, INC., Claimant, V. SYSJM, INC., Owner or Reputed Owner. No. 08-5599 PRAECIPE TO SATISFY AND DISCONTINUE Filed on behalf of Claimant, Universal Forest Products Eastern Division, Inc. Counsel of Record for this Party: D. Matthew Jameson III, Esquire Pa. ID No. 67764 Christopher M. Buell, Esquire Pa. ID No. 204068 BABST, CALLAND, CLEMENTS & ZOMNIR, P.C. Two Gateway Center, 8th Floor Pittsburgh, PA 15222 Firm No. 812 Telephone: (412) 394-5400 Facsimile: (412) 394-6576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIVERSAL FOREST PRODUCTS No. 08-5599 EASTERN DIVISION, INC., : Claimant, V. SYSJM, INC., Owner or Reputed Owner. PRAECIPE TO SATISFY AND DISCONTINUE To the Prothonotary: Kindly discontinue the above-captioned matter and mark the claim as satisfied. Respectfully submitted, BABST, CALLAND, CLEMENTS & ZOMNIR, P.C. Dated: November 11, 2008 By: D. Matthew Jameson III, Esquire PA ID No. 67764 Christopher M. Buell, Esquire PA ID No. 204068 Two Gateway Center, 8th Floor Pittsburgh, Pennsylvania 15222 Telephone: (412) 394-5400 Facsimile: (412) 394-6576 Firm ID No. 812 Counsel for Claimant, Universal Forest Products Eastern Division, Inc. w CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Satisfy and Discontinue was, this I1th day of November, 2008, served via first-class U.S. mail, postage prepaid, upon the following: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 Christopher M. Buell, Esquire Z5 J13