HomeMy WebLinkAbout04-1930MINlz~uRE GOLF
Claimant
V
LFGC, !NC,
Owner CLAIM OF LIEN
(49 Pa. Cons. Stat. §§ 1503)
MLD TERM
TO: PROTHONOTARY OF CUMBERLAND COUNTY
FROM: CLAIMANT:
Atlantic Miniature Golf
A Virginia Limited Liability Company
801 Orapax Avenue
Norfolk, Virginia 23507
PLEASE TAKE NOTICE that Claimant claims a lien as follows:
1. Claimant claims this lien as a Contractor.
The name and address of the owner and/or reputed owner is LFGC, Inc., P.O. Box
1229, Camp Hill, Pennsylvania 17001-1229.
3. The date of completion of Claimant's work was February 10, 2004.
4. The date of Formal Notice of Intention to File a Claim was given on April 20, 2004.
The owner and Claimant signed an agreement for the work performed which included
construction of a 18-hole miniature golf course.
6. The amount or sum Claimant claims to be due is $48,747.16.
A description of the improvement and of the property claimed to be subject to the lien
as may be reasonably necessary to identify it is, 3804 Lisbum Road, Lower and
Upper Allen Townships, Cumberland County, Pennsylvania and more particularly
described in attached Exhibit "A".
Dated: April oq- ~., 2004
ATLANTIC MiNIATURE GOLF
Michael B. Bach, Its Authorized Agent
DeHaan & Bach Co., L.P.A.
11256 Comell Park Drive, Suite 500
Cincinnati, Ohio 45242
513-489-7522
Sworn by to and before me this gl day of April, 2004.
.," ,-,'&IA/ '",,
' ~5~¢~, : ,.N~tary Public, State of Ohio
Atlantic. 003
DEED
TI~S DEED, made this __23rd__ day of September, 2002, bee~een LFGC, Inc., a eoq3oraliOn
duly organized and existing under and by the laws of the Commonwealth of Pennsylvania, with offices
located in Camp Hill, Pennsylvania, Lower Allen Township, Cumberland County, hereinafter called
GRANTOR
AND
LFGC~ Inc., a corporation duly organized and existing under amd by the laws of the
Commonwealth of Pennsylvania, with offices located in Camp Hill, Pennsylvania, Lower Allen Township,
Cumberland County, hereinafter called GRANTEE
TRANSFER IS EXEMPT FROM TRANSFER TAX. CONFIRMATORY DEED TO
COMBINE PREVIOUS DEED RECORDED IN BOOK 2S0, PAGES 4959-496'1, DATED
MARCH 28, 2002 AND PREVIOUS DEED RECORDED IN BOOK 227, PAGES 540-547,
DATED AUGUST 17, 2000.
WITNESSETH, that GRANTOR for and in consideration of the sum of one dollar ($l .00)
for other good and valuable consideration in hand paid, the receipt whereof is hereby acknowledged, do
hereby grant and convey to the said GRANTEE, its heirs and assigns, the following described real estate,
to wit:
ALL TI/AT CERTAIN tract er parcel of land situate in the Townships of Lower and Upper
Allen, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described
as follows to wit:
BEGINNING at a point in the centerline of Lisbum Road S.R. 2017 at the dividing l/ne between
the herein described tract and lands now or fom~erly of Jonathan Vipond III and Tim E. Bunner; thence
along the centerline of Lisbum Road S.R~ 2017 South 36° 31' 00' East a distance of 65.06' feet to a
point; thence along lands now or late of Janet L. Gunn the following seven (7) courses:
1'~ S°~th 55° 54' 00" West a distance °f 40934' feet to a p°int; ¢~t--~L
2) South 55* 02' 00" West a distance of 45.31' feet to a point;
3) South 72° 2~t' 00" West a distance of 215.70' feet to a point; t~
A
>age l of S 253 PA '3626
4) South 260 57' 00" East a distance of 300.00' feet to a point;
!:~;ER OF DEEDS
20 East a distance of 295.79' feet to a point; ; I.A !~ D C 0 U t~ T Y -: '
5) North 460 00' " '
6) South 35° 00' 00" East a distance of 175.00' feet to a point; .-~
7) North 54° 16' 40" East a distance of 436.96' to a point in the centerline o~
Lisburn Road S.R. 2017; thence along the centerline of Lisbum Road S.R. 2017 South 39° 45' 47" East a
distance of 102.79' feet to a point at the centerline intersection of Lisbum Road $.R. 2017 and Forge
Road S.R. 2019; thence along the centerline of Forge Road S.R. 2019 North 41° 27' 25" East a distance
of 306.00' feet to a point; thence leaving Forge Road S.R. 2019 and along the southwestern bank of the
Yellow Breeches Creek South 50° 10' 37" East a distance of 209.51' feet to a point; thence continuing
along the same South 31 o 53' 37" East a distance of 158.00' feet to a point; thence continuing along the
same South 57° 43' 37" East a distance of 553.00' feet to a point; thence continuing along the same South
48° 58' 37" East a distance of 531.00' feet to a point at the dividing line between the herein described
~act and lands now or formerly of Lower Allen Township; thence along the dividing line between the
herein described tract and said lands of Lower Allen Township South 09° 11' 23" West a distance of
804.80' feet to a point in the centerline of Lisbum Road S.R. 2017; thence along the centerline of Lisburn
Road S.R. 2017 by a curve, curving to the left in a northwesterly direction having a radius of 400.00' feet
and an arc length of 201.93' feet to a point; thence continuing along the same by a curve, curving to the
left in a northwesterly direction having a radius of 1,552.00' feet and an arc length of 135.44' feet to a
point; thence continuing along the same North 46° 00' 00" West a distance of 242.22' feet to a point;
thence continuing along the same by a curve, curving to the left having a radius of 1,359.45' feet and an
arc length of 96.28' feet to a point at the dividing line between the herein described tract and land now or
formerly of Larry B. Stoop; thence along said dividing line South 40° 38' 03" West a distance of 731.79'
feet to a point at lands now or formerly of Penn Valley Corporation and being known as the Allen Estates
Development; thence along the dividing line between the herein described tract and said lands now or
formerly of Penn Valley Corporation and also lands now or formerly of Henry Lenker North 82° 51' 57"
West a distance o f 2,454.79' feet to a point at tands now or formerly of Doris J. Hoffman; thence along the
dividing line between the herein described tract and said of Doris J. Hofieman and also lands now or formerly
of Jay and Janet L. Stoop North 42° 00' 5Y' West a distance of 299.66' feet to a point; thence along the
dividing line between the herein described tract and lands now or formerly of Nae L. Park being the
preliminary plan of Placid Hill Development North 33° 33' 11" East a distance of 892.84' feet to a point;
thence continuing along the same North 69° 00' 01" East a distance of 762.36' feet to a point; thence along
Page 2 of 5
253 c [3627
the dividing line between the herein descn3~x:d tract and lands now or formerly of Douglas K. Sanderson North
67° 33' 44" East a distance of 249.83' feet to a point; thence along the dividing line between the herein
described tract andlands now or formerly of Jonathan Vipond III and Tim E. Bunner North 67° 08 ' 56" East
a distance of 342.10' feet to a point; thence continuing along the same North 55° 54' 00" East a distance of
306.59' feet to a point in the centorline of Lisburn Road S.R. 2017, said point being the place of
BEGINNING. Containing 96.3251 Acres.
UNDI~R AND SUBJECT to:
1. Rights granted to Pennsylvania Power & Light Company as recorded in Misc. Book 131, page
505, Misc. Book 139, page 341 and Misc. Book 2t5, page 248;
2. Rights granted to Pennsylvania Power & Light Company as recorded in Misc. Book 187, page
521;
3. Lower Allen Township Authority Deed of Easement and Right-of-Way as recorded in Book 683,
Page 2858;
4. Deed of Right-of-Way recorded in Book 225, page 46;
5. Deed of Easement and Right-of~Way to Lower Allen Township Authority as recorded in Misc.
}~ook 485, page 944;
6. Pennsylvania Depmtt~ent of Transportation right-of-way within Lisbum Road S.R. 2017 and
Forge Road S.R, 2019;
7. Thirty (30) foot drainage easement as shown on plan recorded in Plan Book 25, page 152;
8. Subject to any rights of way, easements, restrictions, conditions, building setback lines, notes and
matters set forth on the plan of Marlin E. Emlet, recorded in Plan Book 25, page 152;
9. Subject to Declaration of Taking filed in Misc. Book 486, page 149 and Book 488, page 642;
10. Possible rights of Bell Telephone Company of PA filed in Misc. Book 179, page 471;
11. Subject to riparian rights of others in Yellow Breeches Creek;
I2. Any other mortgages, liens, reservations, easements and rights-of-way of retort and applicable
restrictions.
Being Tracts I, 2, 3 and 4 as shown on the Final Subdivision and Land Development Plan for
Liberty Forge Golf Course (LFGC Inc.), Recorded in Cumberland County, PA Plan Book 85, Page 138.
Page 3 of 5
ATLANTIC MINIATURE GOLF,
Claimant
LFGC, INC.,
Owner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2004-1930 MLD
:
PRAECIPE TO ENTER RULE TO FILE COMPLAINT
AND RULE TO FILE COMPLAINT
PRAECIPE
Curtis R. Long, Prothonotary
Please enter a Rnle upon Claimant to file a Complaint in the above-captioned
matter within twenty (20) days after service of the Rule or suffer entry of judgment of
rlo~ ]gros.
Wayne 1~. Sha~e, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Owner
WAYNE F. SHADE
Atiorney at Law
53 West Porn fret Street
Carlisle, Pennsylvania
RULE
FO: Atlantic Miniature Golf, L.L.C. and
DeHann & Bach, its attorneys
1. You are notified that a Rule is hereby entered upon you to file a Complaint in
the above-captioned matter within twenty (20) days after the date of service of this Rule
upon you.
2. If you do not file a Complaint within said twenty (20) days, a JUDGMENT OF
NONPROS MAY BE ENTERED AGAINST YOU.
3. The date of service of this Rule is the date of mailing.
Date: June 14, 2004
WAYNE F. SHADE
ARomey al Law
53 West Pomfrct Street
Carlisle, Pennsylvania
17013
F:/FILES/DATAFILE\GcnerRI/CRrrem/I 1215. [¢omI
Created: 6/29/04 10:52AM
Revised: 7/I/04 2~32PM
ATLANTIC MINIATURE GOLF,
Claimant
LFGC, INC.,
Owner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-1930 MLD
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TttlS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH iNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date: July 2, 2004
%ARTS~ON DEARDORFF WILLIAMS & OTTO
David A. Fitzsimons, Esquire
I.D. Number 41722
Ten East High S~Ireet
Carlisle, PA 17013
(717) 243-3341
Attorneys for Cl,'fimant/Plaintiff
Atlantic Miniattrre Golf
ATLANTIC MINIATURE GOLF,
Claimant
LFGC, INC.,
Owner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-193121 MLD
COMPLAINT
AND NOW, comes the Claimant/Plaintiff, Atlantic Miniature Golf, by and through its
attorneys, MARTSON DEARDORFF WiLLIAMS & OTTO, and avers the following in support of
its claim:
1. Claimant/Plaintiff is a contractor, Atlantic Miniature Golf ("Atlantic"), a limited
liability company organized under the laws of the Commonwealth of Virginia, with a principal place
of business at 801 Orapax Avenue, Norfolk, VA 23507; a~ad registered to do business in
Pennsylvania.
2. Owner/Defendant LFGC, Inc. ("LFGC"), is the owner and, upon information and
belief, a Pennsylvania corporation with a principal place ofbusiuess at P.O. Box 1229, Camp Hill,
PA 17001-1229.
3. Atlantic is in the business of design and installatien of miniature golf course, and on
or about May 6, 2003, entered into an Agreement with LFGC, attached hereto as Exhibit "A," which
is incorporated herein by reference, for the construction of a "boulder style" 18 hole miniature
golf course for the purchase price of $175,761.00, with payments scheduled according to a draw
schedule under Section 3 of the Agreement.
4. LFGC experienced delays in obtaining permits necessary prior to commencement of
construction, and the commencement of construction was delayed beyond the date anticipated by the
parties.
5. By the time LFGC was ready for construction to commence, Mike Codman, the
agreed upon foreperson for the project was no longer employed by Atlantic and unavailable.
Construction commenced under a replacement foreman, with no objection by LFGC.
6. Because of delays in LFGC's applications fi~r necessary permits, the late
commencement for construction ran the project into adverse winter weather conditions.
7. Despite the adverse weather and late commencement of construction, which occurred
through no fault or delay of Atlantic, LFGC insisted upon completion of the course by Atlantic prior
to the Spring 2004 season for operation of miniature golf courses.
8. Atlantic completed all construction possible in the delayed time frame available.
9. Despite the timely and workmanlike completion of all accessible work by Atlantic,
LFGC has refused to make Draw Payments 4 and 5 in the amount of $42,761.00 and $5,000.00,
respectively to Atlantic, and refused access to Atlantic to complete contract work. LFGC has further
failed to satisfy invoices fi ' ' ....
or hght poles purchased on contractor s account for a total unpmd hab~hty
to Atlantic of $48,747.16. The full balance of the contract amount is due for the value of work
installed and performed by Atlantic under adverse time and weather conditions.
10. Atlantic made appropriate and timely notice of its intent to file lien as a contractor
on April 20, 2004, through the Notice attached hereto as Exhibit "B," and incorporated herein by
reference.
11. Atlantic made appropriate and timely notice of its claim of lien as a contractor on
April 29, 2004, through the document attached hereto as Exhibit "C," and incorporated herein by
reference.
12. LFGC ruled Atlantic to file a Complaint and has consistently refused to fulfill its
obligations to Atlantic under the Agreement.
WHEREFORE, Claimant/Plaintiff, Atlantic Miniature Golf, LLC, respectfully requests and
prays that Your Honorable Court will enter judgment in its favor in the amount of $48,747.16,
together with costs and such other relief as the Court deems just and reasonable.
Date: July 2, 2004
X'-. MARTSON DEA~DORFF WILLIAMS & OTTO
David A. Fitzsimons, Esquire
I.D. Number 41722
Carl C. Risch, Esquire
I.D. Number 75901
Ten East High Sllreet
Carlisle, PA 17013
(717) 243-3341
Attorneys for Claimant/Plaintiff
Atlantic Minia~re Golf
AGREEMHNT
THIS AGREEMENT, M~d~ this Otb dly O! May, 2003
By ],nd ruetwe~n
Atlantio Miniature 6oJf
A Virginll klmlmd I. kMlll~ Co~q~uny,
II111 Omi0iix Avem~
No~folk, Virginia
LFGC, Inc~
P.O. Box
Camp Hi(I, Pm 170014229
I.,kprelnB~*l' ~ to Im "BUYER"
~don 2
"~dlr~ 16~ mind.re gof courie, ~ ~ ~*lp~ and
(~b f ~ ] I~ ~ M~, P~ylvinia, ff any
· pp~ by ~n ~l~, ~fl~ ~ ~ ~YER and
~E~ ~1 ~ egm or ~ p~e I~'~E~DRED
o~Uone:
· hou[d BI,I~t~P~ elsat tO llt~'t ga.ldfudion oflm nddltiOrdll- 15 hQl#,
no latur lh~m Siding of ~004, o~ the .~B ail~ as del)i~'t~d on ~
pla~, BUYER wfll ~ a~Klll pd~Tng in the amount of ONE-
HUNDRED FORT~-I~ THOUSAND ( $742~00.00 ) DOLLARS.
EXHIBIT "A"
$K~on ~
I. A payment ot FOKTY-~nK) THGUSAN~D ff4Z,000.00) DOLLARS
when SG~'e coruibu~tiOfl crew am've~ on ~
?.. A payment oIFORTY.TI4REETHOU~ND CSd3,~0Q.Q0)
3. A payma~t Of IK:N~'~-THREE 'rHOUe~lO (S43,000.0O)
8~ ONE (M2.76t,00) OO~ ~n ~ concm~ ~
~umd.
defi~m all oMf ~Ot~L ~ alii p~oun~i~, and
SE~BR deliv~ ail p~.~ Web Site lewlCe~.
c(~npM~on da~e ( other than eirlmttng ) Ihall be ~ ~m~nt d~ w~er
S~'3 ~ne~ aMw M i~um ~e ol~ ~me ~lofion of ~o
Upon ~e ~ nod~
~Nd ) ~om ~ ~ER, ~fl ~11
SE/~.EK mu~t mM (G the Com~on Dm#) sbtod in Motion 4.1 U
males lad mm'k, Jtlng will market the "boulder st/b" 16-hot(, miniature
gcdf oouflo a· re~dy fo~ play to the publle, Other th~n ,an mot of Gc~l,
md pa~,~)i~Gn ~ BUYER'S ou~blotQ~l off · gm~y basis,
SELLER il eul~est to an on~me ~np~elion p~n~llt/~ Sl,OO0 per
not re&dy for publiG play,
3ec~on 6
Gonstr~tion of the eo~14, rogc~, eec. fo~ hR:lilly rebaits. SEU.ER
needs that dee ~o prepare 1he webslte for b openipg of ~h4 COalS4,
event BUYER do4~ flOl~eoholk logo On thne, tM~ic~A ir, elam dd&ya ~he
constnJotion of tim OOurus ful~ ~lgfl, whiol~ In turn deley~ ehipmem
of elgn beyond the Uae $~! I:l~'a voncmb, Gr~w ctelal~al ~ the
alta, BUYER m~t pay SELLER ~FO flUNDAEO ~ 452S0.0Q)
IX)LI. AR$ to install ellen by SELLER's carpet .~rew. Should BIJYEK
not submit Ille fn~ormalian m tim~ ~ .~GLLBI~ BUYER doe8 not
tleva the op~k~n of withhaldllql shy iMymene-.
P&ymems withheld
per
~t 'd~# I)e th~ BUYF. R'a eesponatb#i~' fo~ ~ of ~
o~bho~ ~g~, a~ N~n~g m~ In d~ of ~ feel
m ~ In ~e m~ by S~ ~l ~ ~pl~d by
~r ~d# ~ng a~on. ~ lo pmvM.
d~m~lll~, ~R ~t ~m~ ~ER ~r all ~s~l mla~d
mlnia~ go~ ~ in ~ br ~UnO. In ~ ~
SEL~ m~ ~ ~ p~r waah ~ ~ holee, BUY~ must
BUYER. is r#pofllildo for ocm~te pumplr~ If th,. lite la not
acc#table by,be r, smcrete Iruoke. SELLI~: will biff BUYER directly
through the ~-onemte lamp vendor'e aoccmnt vr pl~e be laayment
on ~ BUYER'S ~;~m~,y of mm~m' credit ~afds.
S~-'tkm 10
~,e~i~m tt
Section 12
~mo~lon 14
~iiotion 16
mlnia~Jre gO~f OOOI!4, ~ fi*or ~e
cups, oum~KI Ib~ ~nd ~qldnb, 43!.M~, ~s sign.
scor~Jn~, ~ooroosrd sW1dl. 16 doz~ floedJng golf bali~ Omsof~d
colin|. 12i Iloif oWbl {l~ .duit, ~ jun~, 'lO.g~l ~ls. '[~
m~h ~d tS ~ ~ b~ ~ ~r ~e ~. This ino~ w~
amo~. ~ld B~R want mom of ~e Graft or ~ m~h or
blue ~
~dih~l peyment Mil bi d~ W ~ flnll~ ~eflt ( ~ym~ e 5).
B~R muir ~G~lde ~ hi writing ~cdk:~
are ~toh.d ~ ~eJob ~. ~ ~ o~t ~EL~ER'~
a .~ ~ appl~ble ~]~ ~ a do~r~l~
AH iBtlillyi~ MII bm lined v.~th 3" ~ ~' dvlr !rra~l or ~l~r Bb
All e~ ~ ~ p~md ~ m~ ~ )3" ~ hnoM/wfll ~
m~b~ fiber ~ ~ mln~m~ M~ w/el ~ me.h. ~ ~ll ~
~ in ~e sma n~ ~nM, Curt wffl t~ r~uM~on ~pl. Deep
g~d ~e m~ ~ be I~led u~ ,a~ ~p.
~t Mil ~ a 6~ ~n~ ~l~t~r ~ UV I~h~
h iRuit bi ix~)erly ~loOl~d by Uw GWfl81', I~JYER flIu~t lid)tall aU
option, should bi eovemd with coflitmetJonJbu/dneie Hsk
Iniuranoe.
~ ! FR r~iervn ~ rloh~ ~o photograph iwdh~r vide~pe thl~ golf
Gour~ for pr~o~ons[ puq~
e~ & wo~,rna~ nant ~or a ~l ol
'~' '-- '-~ ~e one~r
~e~ 17 ~ ~ent
~n~g M ~e ~e~~f~ ~m~ and ~ ~tl~
~on 18 ~EH ~1 not ~ ~bb ~ ~J in u
~on le
co~, J~cff~ k '~'/~lm A~ment~al,i h ee~ In ~e
~don 21 IN ~ ~, BUrR -
· e ~t ii P~Po~d. ~1 and J~nl ~vab of
SoctJon 23 A'f'FEST:
olf
MICHAEL
DEIlx424 f4 BACH
A LI:GAL PF, OFES$1ONA[~ A$$OC][ATION
11256 CORNELL PARK DR. SUITE SOO
P.O. l/lOX 429321
CINCINNATI, OHIO ~52a2-~32!
513-489-7522
TI~LI~FAX 51348~-7§71
FORMAL NOTICE TO THE OWNER
(49 Pa. Cons. Stat. § 1501(b))
TO:
LFGC, Inc_
A Pennsylvania Corporation
P.O. Box 1229
Camp Hill, Pennsylvmfia 1700I-I229
(Owne0
FROM:
Atlantic Miniature Golf
A Virgin/a Lknited Liability Company
80l Orapax Avenue
Norfolk, Virginia 23507
(Claimant)
PLEASE TAKE NOTICE'that Claimant intends to file a claim of lien:
2.
3.
4.
5.
Date: April ~.~, 2004
The name of the party with whom Claimant contracted: LFGC, hue., P.O. Box 1229,
Camp Hill, Pennsylvania 17001-1229~
The amount ch'timed to be due is $48,747.16.
The general nature and character of the labor and :materials furnished is: "Boulder
Style" 18-hold miniature golf course.
The date of completion of the work for which Cla:[mant's claim is made- Fehm~,'~ m
2004. - ~----j .v,
A brief description sufficient to identify the property claimed to be subje,t to the lien:
3804 Lisbum Road, Lower and Upper Allen Townships, Cumberland County,
Pennsylvarda.
A Preliminary Notice of Intention to file a claim was not require&
ATLANTIC MINIATURE GOLF
B_ Bach, Its Authorized Agent
DeHaan & Bach Co., L.?.A.
11256 Comell Park Drive, Su/te 500
Cincinnati, Ohio 45242
513-489-7522 Alt.003
EXHIBIT "B"
c
(49 Pa. Cons. Stat. §§ 15031)
TO: PROTHONOTARY OF CUMBERLAND COUNTY
FROM: CLAIMANT:
Atlantic Miniature Golf
A Virgin/a Lira/ted Liability Company
801 Orapax Avenue
Norfolk, Virginia 23507
PLEASE TAKE NOTICE that Claimant cia/ms a lien as follows:
I. Claimant claims this lien as a Contractor.
The name mad address of the owner and/or reputed ,=waaer is LFGC, Inc., P.O. Box
1229, Camp Hill, Pennsylvania 17001-1229.
The date of completion of Clahnant's work was February 10, 2004.
The date of Formal Notice of Intention to File a Claim was givea~ on April 20, 2004.
The owner and Claimant signed an agreement for the work performed which included
eomslruetion ofa 18-hole min/ature golf course.
6. The amount or sum Claimant claims to be due is $413,747.16.
7. A description of the improvement and of the properW chimed to be subject to the lien
as may be reasonably necessary to identify it is, 3804 Lisbum Road, LOWer and
Upper Allen Townships, Cumberland County, Peau~ylvania and more particularly
described in attached Exhibit "A".
Dated: April eg- °h., 2004 ATLANTIC MIN[ATLrRE GOLF
Michael B. Bach, lis Authorized Agent
De&Iaaa & Bach Co., L.P.A.
11256 Comell Park Drive, Suite 500
Cincinnati, Ohio 45242
513 -489-7522 Atlantic.003
Sworn by to and before me this
day of April, 2004.
.:.'.., ¢,'?' IA/~
__z ~¢ r ;z JANk--F D. STADI~RMAN
EXHIBIT "C"
DEED
THIS DEED, made this ~23rd.._ day of Septwmber, 2009., between LFGC, I~¢., a corporation
duly organized and e~.isfing under and by the laws of th* Commonwealth of Pennsylvania, with of-flees
located in Camp Hill, Pennsylvania, Lower Allen Township, Cumberland County, hereinafter called
GRANTOR
LFGC, llte., a corporation duly organized a~d existing under and by the laws of the
Commonwealth of Pennsylvania, with offices located in Camp HillL, Penmylvania, Lower Allen Town~hip~
Cumberland Coutwy, hereinafter called Gth~.NTE~
TRANSFER 18 EXEMPT FROM TRANSFER TAX . CONFIRMATORY DEED TO
COMBINE PREVIOUS DEED RECORDED iN BOOK 250, PAGES 49594961, DATED
MARCH 28, 2002 AND PREVIOUS DEED RECORDED IN BOOK 227, PAGES 540-547,
DATED AUGUST 17, 2000.
WITNESSETH, that GRANTOR for and in consideration of thc sum of one dollar ($1.00) and
for other good and valuable consideration in hand paid, the receipt whereof is hereby a~lmowledged, do
hereby grant and convey to thc said GRANTEE, its heirs and assig~a, the following desmn'bed real estate,
to wit:
ALL THAT CERTAIN tract or parcel of land situate in th* Townships of Lower and Upper
Allen, Comaty of Cumberland, COmmonwealth of Pennsylvs. ula mor~ partictl]arly botmded and descr/bed
a.* follows to wit:.
BEGINNING at a point in the centerline of Lisbura Road S.R. 2017 at the dividing l/ne between
the herein descr/bed tract and lands now or formerly of Jonathan Vipond III and Tim E. gunner;, th~ce
along ~¢ centerline of Lisbum Road S.~R. 2017 South 36° 31' 00" East a distance of 65.06' feet to a
point; thence along lands now or late of Janet L. Gunn the following seven (7) courses:
1) South 55~ 54' 00" Wear a distance of 409.34' feet to a point;
2) South 55° 02' 00" West c d~tallCe of 45.31' feet to a point;
3) South 72~ 24' 00" West a d{starlce of 215.70' feet to a point;
of 5 253 " c '3626
4) South 26" 57' 00" East ~ distance of 300.00' feet to a point; :' ': ','-:: T ~. 71_e C [. E P,
5') North 4t6~ 00' 20" East a dista~ee of 295.79' feet to a poing ' "': ?' ~ ~ ri G F D ~ E D $
6) South 35° 00' 00" East a distance of 175,00' feet to a point;
7) Nozth54o 16 4O East a dtstance of 436,96' to a point in lt~e centoli"~;'O~ ~5 P~ ~12 55
Lisbura Road S.R. 2017; thence alotlg the centerline of Lisbum Road S.R. 2017 South 39~ 45' 47" Hast a
distance of 102.79' feet to a point at gao asnterline intersection of Lisbum Road S.I~ 2017 a~l Forge
Road S.R. 2019; thence along the centerl~ne of For§e Road S.K. 2019 North 41 ° 27' 25" East a distance
of 306.00' feet to a point; thence leax4ug Forge Road S.R. 2019 and aloud the southwestern bank of the
Yellow Breeches Creak South 50° 10' 37" East a distance ef209.51 ' feet to a point; thence cominulng
along the same South 31 ° 53' 37" East a distance of 158.00' feet to a point; thence continuing along the
same South 5?° 43' 37" East a distance of 553.00' feet to a point;, thence confiuumg along ~ same South
48e 58' 37" East a distance of 531.00' feet to a point at the dividinh~ llne between the herein descn'bed
tract a~d lands now or formerly of Lower Allen Townskip; thence along the dividing line between the
heroin described lract and said lands of Lower Allen Township Sou:th 09° I I' 23" West a distance of
804.80' feet to a point in the contadina of Lisbura Road S.R. 2017; thence along the eenterline of LisbUra
Road S.R- 2017 by a curve, curving to the left in -~ northwesterly ali:faction having a radius of 400.00' feet
and aa arc length of 201.93' feet to a poin~ thence coutinuing along the same by a curve, curving to the
left in a northwesterly dizection having a mdJu~ of 1,552.00' feet and an arc leugth of 135.44' feet to a
point; thence coutinuing along the same Noith 46~ 00' 00" West a dfstauce of 242,22' feet to a point;
thence cOntinuing along 'the Same by a curve, curving to the lef/having a radius of 1,359.45 ' feet and an
· re length of 96,28' feet to a point at the dividing line between the ketein descn~ t~aet and land now or
formerly of Larry B. Sheep; thence along said dividing line South ,40° 38' 03" West a distance of 731.79'
feet to a point at lands now or formerly of Penn Valley Corporation and being known as the Allen Estates
Development; thence along the dividing line between the herein de,,a'ribed tract and said lands now or
formerly of Penn Valley Corporation and also [ands now or formerly ofliem7 Lenker North 82° 51' 57"
West a distance of 2.454.79' feet to a point at lands now or foralerly of Doris J. Heff~nan; thence along the
dividing line between the he~ein described tract and said of Ooris I. Hoil['~nan and also lands new or formerly
of Jay and Janet L. Sheep North 42° 00' 53" West a distance of 299.fi6' feet to a point;, thence along [_he
dividing line bet'ween the herein descn'bed t~act and lands now or :t'ormerly of Naa L. Pa~k being the
preliminazy pla~ of Placid Hill Development North 33 ° 33' 1 l' East a, distance of fl92,84' feet to a point;
thence continuing along the same North 69e 00' 01"East a distanc~- of'762.3fi' feet to apeiat; thence along
Pag~ 2 of 5
;853 .E3627
the dividing line between the hex~n desc'n'b~d ~'act and lands now or formerly of Doughs K. Sandexson North
67° 33' 44" East a distance of 249.83' feet to a point; therlcc aloll§ the dividing line between the herein
d~cribcd tract and lands now or formerly of.Ion,at/mu Vi, lx~l 1II and Tim E. Bunu erNox6a 67° 08 ' $6" Eazt
a distance of 342.10' feet to a point; thence continuing along the same North 55 ~ $4' 00" Bast a clLs~e of
306.$9' feet to a poinl in the oenteriin¢ of Lisbum Road $_R. 2017, said pOint being the plac-~ of
BEGINNING. Containing 96.3251 Acres.
UNDER AND SUBJECT to:
7',
11-
R. igh~ granted to Pennsylvania Power & Light Company as r~orded in Misc. Book 13 I, page
505, Misc. Book 139, page 341 and Misc_ Book 215, page, 248;
Rights g~anted to Pennsylvan/a Power & Light Company as reoord~fl in Mi~c, Book 187, page
521;
Lower Allen Township Authority Deed of Easement and Right-of-Way as recorded in Book 6113,
Page 2858;
Deed of Right-of-Way r~corded in Book 225, page 46;
D¢¢cI o£~ement and Right-of-Way to Lower Alien Towa~hip Authoriiy as r~cordcd in Misc.
Book 485, page 944;
Pennsylvania Depar~nerit of Traasperlation fight-of-way ~rkkin Lisbum Road S.R. 2017 and
Forge Road S.R. 20191
Thirty (30) foot drainage easement as shown on plan recorded in ?lan Book 25, page 152;
Subject to an)' rights of way, easements, rcsu'iotions, conditions, building serbaok lines, notes and
matters set forth on the plan o f Marlin E. Emlet, recorded in Flan Book 25, pag~ 152;
Subject to Declaration of Taking flied in Misc. Book 486. l~age 149 and Book 488, page 642;
Possible rights or'Bell Telephone Company of PA tiled ia Misc. Book 179, page 471;
Subject to riparian rights of others in Yellow Breeches Creek;
Any other mort~ges, hens, reservations, ess-merits and fights-of-way of cecord and applicable
Bcing Tracts I, 2, 3 and 4 as shown on the Final gubdivisicla and Land Development Plan for
Lib~ty Forg~ Golf Course (LFGC Inc.), Recorded in Cumberland County, PA Plan Book 85. Page 138,
Page 3 of 5
2,53 c 3628
AND the mid GRANTOR hereby covenanm and agrees that it will warrant spec/ally the property
hereby conveyed.
IN WITNESS ~'P.J~REOF, ~aid GRANTOR have hereunto ~et their hand~ and seals the day,
month and year first above written.
$i~ned, Sealed and Delivered
in th~ presence
GRANTOR
LFGC, I~te.
By:
~-~~($EAL)
Pv-'sident
CERTIFICATE OF RES][])F~NCE
I do hereby certify that the complete post office aclclre~s of the within named O1L4aNTEE is edo
P.O. Box ~_229, Camp Hill, Pennsylvania 1700I-I229.
Attorney for Grantee
Page 4 of $
2,.53
COMMONWEALTH O1~' PENNSYLVANIA
COUNT'k' OF CUMBERLA31D
:SS:
Oa this, thc ~ ~ ~ day of September, 2002, before me the undersiga~ ofl~cer,
personally =.ppcarod KU'RT I~. WILLIP~IS, President of LFGC, Isle., knom to mn (or satisfactorily
proven) to be the person whose n~me is subscribed to the within instrumvnt, and acknowlo:tged that he
executerl same for the ptlrposes therc/n contained.
IN WITNESS WI-IEREOF, I hereunto set my hand
a~, , .
COM~VlON'WEALTH OF PEN'~$YI.VANI~
COUNTY OF CUMBERLAND
RECORDED on this day of September, 2002, in the R¢corder's office of said
County, in Deed Book , Page
Given under my hand and seal of the *aid office, the date above written.
Recorder of Deeds
253 [3630
Jul~O1 O~ 02:05p RTLRMTIC
MIMI GOLF 75'76230040
Y__EP.!E~CA17!OE
l, C~fis C axvley:, o f.,~me.fi c~_n MiniaV-~re Golfd~b/a Atlantic Mini~t,~e Golf hereby ven~v ~d
state tha~ ~o 0~e ext~/that d~e foregoing docum~t contains facts supplied by me, they ~e t~e
co~ecz to the best ofmy~owledge, ini~)mmdo, m~d beliel} howescr, ~,0 ~he extent ~ha~ ~i¢
docume~.t s~or {t~ lmnguage is ~a* of oomsel, ~ h, ve relied upon ennn~el in making
Verification
I tmderstm~d ~hat f~lse smtemem~ made her~n are su~ect re the penalt~es of ! g Pa.C S.A,
~4901, relating to mnswom hbific~fion to authohfies
,,'unto ea_n Mi~ature Golfdffo/a Atlantic Mirfiamre Golf
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Complaint was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
~D. Eckem:oad ·
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: July 2, 2004
ATLANTIC MINIAT[ RE GOLF,
Claimant
LFGC, INC.,
Owner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2004-1930 MLD
.
:
NOTICE TO PLEAD
TO: Atlantic Miniature Golf and
David A. Fitzsimons, Esquire,
Martson, Deardorff, Williams & Otto, its atl;orneys
You are hereby notified that you have twenty (20) days in which to plead to the
within New Matter or a Default Judgment may be entered against you.
Date: July 22, 2004
Wayne F.,'g~hade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Defendant
WAYNE F. SItADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
ATLANTIC MINIATURE GOLF,
Claimant
LFGC, INC.,
Owner
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004!-1930 MLD
Admitted.
ANSWER WITH NEW MATTER
1.
The averments of¶2 of the Complaint are admitted in part and denied in part. It is
that LFGC is the owner of the property in question, but it is denied that the
principal place of business of the owner is at P.O. Box 1229, Camp Hill, Pennsylvania.
On the contrary, LFGC avers that its principal place of business is located at 3425
Simpson Ferry Road, Camp Hill, Pennsylvania 17011.
Admitted.
WAYNE F. StqADF
Attorney at Law
53 West Pom£ret Stree
Carlisle, Pennsylvania
17013
The averments of¶4 of the Complaint are denied. On the contrary, LFGC avers
Agreement was drafted by Atlantic. Atlantic could have provided for a date by
which construction would have been required to commence, but it did not do so. Rather,
the Agreement permitted LFGC to establish the date for commencement of construction
by written notice to proceed.
o
The averments' of¶5 of the Complaint as to the employment of Mike Codman,
i within the exclus:ve knowledge of Atlantic are denied; and proof thereof is
demanded. The averment that LFGC did not object to a replacement foreman are denied
On the contrary, LFGC avers that the designation of Mike Codman as the foreman for
this project was specified in the Agreement by LFGC because it was an important and
material provision to LFGC. At all times pertinent to these proceedings, including the
verification and filing of the Complaint herein, Atlantic has misrepresented to LFGC
Mike Codman was eml~loyed by Atlantic when, in fact, Mike Codman was never an
employee of Atlantic. Mike Codman has always been an independent contractor in his
dealings with Atlantic. Atlantic further misrepresented to LFGC that Mike Codman was
unavailable to construcl the project because he had left the business of miniature golf
course construction at the insistence of his wife who objected to his traveling. When it
became necessary for £FGC to engage another contractor because Atlantic had not
completed the project by 112 days after the contractual completion date, LFGC's research
revealed that Mike Codman was an independent contractor who had never left the
business of miniature golf course construction. Mike Codman simply refused to take
further projects with Atlantic due to the ineptitude of Atlantic. LFGC was able to engage
w^vN~ ~. s~^D~ Mike Codman to complete the project after Atlantic's material breach. IfLFGC had
^ttorneyat taw known the truth about tl~e reason why Atlantic could not engage the services of Mike
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-2-
Codman, Atlantic would have never permitted Atlantic to proceed with a replacement
foreman, but would hax e pursued an agreement tl5at would have required construction of
the project by Mike Codman.
WAYNE F. SttAD
Attorney at Law
53 West Pomfret Stret
Carlisle, Pennsylvani~
17013
o
The averments of¶6 of the Complaint are denied. On the contrary, the averments
in response to ¶4 above are incorporated herein by reference as though fully set forth. By
way of further response, LFGC avers that its issuance of notice to proceed in compliance
with ~ 10 of the Agreetr ent enabled Atlantic to commence construction on October 22,
2003. Atlantic's 35 day completion date under §4.1 of the Agreement would have
resulted in completion of construction, other than carpeting, on November 26, 2003,
nearly one month prior to the beginning of winter. LFGC further avers that Atlantic had
not completed construc-5on, other than carpeting, by 112 days later on March 17, 2004,
when LFGC asserted Atlantic's material breach of the Agreement.
The averments of¶7 of the Complaint are admitted in pan and denied in part. It is
admitted that LFGC insisted upon completion of the. course by Atlantic prior to the spring
2004 season for operation of miniature golf courses, but it is denied that the failure of
completion was due to late commencement of construction or adverse weather conditions.
On the contrary, the averments of¶¶4 and 6 above m'e incorporated herein by reference as
though fully set forth. By way of further response, LFGC avers that the failure of
-3-
WAYNE F. SHA
Altorney at Law
Carlisle, Pennsylvania
Atlantic to complete the project in accordance with the completion terms in the
Agreement which it drafted was due totally to the ineptitude of Atlantic.
The averments of¶8 of the Complaint are denied. On the contrary, LFGC avers
that there was no delayed time frame involved in t]his project where Atlantic drafted the
Agreement and permitted LFGC to establish the date for commencement of construction
by written notice to proceed rather than establishing a date by which construction would
have been required to commence. By way of further response, LFGC avers that
completion of the project in accordance with the te~nns of the Agreement would have
been readily attainable with competent management of the project by Atlantic.
9.
The averments of¶9 of the Complaint are admitted in part and denied in part. It is
admitted that LFGC ha,,; refused to make draw payments 4 and 5 to Atlantic, has refused
access to Atlantic to complete contract work and has refused to pay invoices for light
poles purchased on Atlantic's account, but it is denied that the refusals of LFGC are in
the face of timely and workmanlike completion of all accessible work by Atlantic and that
the full balance of the contract amount is due for the value of work installed and
performed by Atlantic. It is further denied that there were any adverse time or weather
conditions. On the contrary, the averments in response to ¶¶4 and 6 above are
incorporated herein by reference as though fully set forth. By way of further response,
LFGC avers that the balance owed for light poles in the amount of $986.16 will be
credited to Atlantic against LFGC's separate claims against Atlantic which would
substantially exceed the claims of Atlantic even if the claims of Atlantic were sustainable
under the law.
Admitted.
10.
Admitted.
11.
WAYNE F. SHADE
Attorney at Law
53 West Potafret Slreel
Carlisle, Pennsylvania
17013
12.
The averments of¶12 of the Complaint are admitted in part and denied in part. It
s admitted that LFGC ruled Atlantic to file a Complaint, but it is denied that LFGC has
consistently refused to li~lfill its obligations to Atlantic under the Agreement. On the
contrary, the averments in response to ¶¶4, 6 and 9 above are incorporated herein by
reference as though fully set forth.
WHEREFORE, LFGC demands that the Complaint be dismissed and that
judgment be entered in favor of LFGC and against Atlantic.
NEW MATTER
13.
The averments of¶¶5 through 8 above inclusive are incorporated herein by
:eference as though fully set forth.
14.
On October 16, 2003, LFGC provided to Atlantic its notice to proceed in
:ompliance with § 10 of the Agreement.
15.
When Atlantic had not completed the project, other than carpeting, as required
under §4.1 of the Agreement, by November 26, 2003, Atlantic stood in material breach of
the Agreement.
16.
In spite of Atlan~Sc's material breach of the completion provisions of the
Agreement as of November 27, 2003, LFGC did not assert the breach until 112 days after
November 26, 2003, on March 17, 2004, after continual and repeated attempts to
Atlantic to complete the project.
17.
When Atlantic fitiled to complete the project more than three months after the
agreed completion date it was necessary for LFGC to engage other contractors to
complete the project.
WAYNE F. i
Attorney al Law
53 West Porn fre
18.
The misrepresentations and failures of performance ofAtlanticjustify LFGC's
assertion of the material breaches of contract of Atlantic and LFGC's procuring
alternative performance.
-6-
19.
The cost to LFGC to complete the project was $82,650.10 which LFGC asserts as
set off against Atlantic's claims herein.
20.
By way of further set off, LFGC asserts completion penalties of $112,000 against
Atlantic under the prowsions of §4.2 of the Agreement.
WHEREFORE, LFGC demands that the Complaint be dismissed and that
judgment be entered in favor of LFGC and against Atlantic with reservation of LFGC's
prosecution, in a separate action, of claims against Atlantic over and above the set off
d herein in mechanics' lien claims by Pa. R.C.P. 1658.
~hade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Defendant
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-7-
W~Y~E F. ~XDE
I, KURT E. WII.LIAMS, verify that I am the President of LFGC, Inc., that I make
this verification on its behalf being authorized to do so and that the statements made in
the foregoing documem are tree and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to
authorities.
Date: July Z I , 2004
Ku~'t E. ~flliams