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09-4308
FAFILESTlients\13425 Glass Erectors, Inc\13425.1.m chanicslien L wpd David Fitzsimons, Esquire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant GLASS ERECTORS, INC., : IN THE COURT OF COMMON PLE AS OF Claimant, : CUMBERLAND COUNTY, PENNS YLVANIA V. :No. Oq - qW8 ?ALZs INSITE DEVELOPMENT, LLC, Respondent : CIVIL ACTION - EQUITY MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Glass Erectors, Inc., by and through its attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, pursuant to the Pennsylvani Mechanics' Lien Law of 1963, 49 P. S. § 1101 et seq., and hereby files and perfects this Mechanics ' Lien Claim against the real property and improvements located at 2055 Technology Parkway, M hanicsburg, Cumberland County, Pennsylvania, for all debts due for labor and materials in t he course of alteration and repair, and, in the alternative, construction and erection, as follows: 1. Glass Erectors, Inc. ("Claimant") is a corporation having its princi pal place of business at 315 West Main Street, P.O. Box 216, Reynoldsville, Pennsylvania. Claim ant files this Mechanics' Lien Claim ("Claim") as a subcontractor. 2. The owner or reputed owner of the property subject to the lien is Insite D evelopment, LLC, ("Insite"), a Pennsylvania limited liability company with a registered office add ress at 4216 Little Run Road, Harrisburg, Pennsylvania. 3. On May 22, 2009, Donald Erwin, President of Insite, transm itted email correspondence to Claimant notifying Claimant that the address for Insite chan ed to 2055 Technology Parkway, Mechanicsburg, Pennsylvania. A true and correct copy o f the email correspondence dated May 22, 2009, is attached hereto and incorporated as Exhibit " k, 4. The property subject to this Claim either is, or was intended to be, a C mfort Suites hotel building operated at 2055 Technology Parkway, Mechanicsburg, Pennsylvania. 5. The date upon which Claimant completed the work for which this clai is made was February 3, 2009. 6. The subcontract under which the work was done was with Insite. A and correct copy of the Subcontract is attached hereto and incorporated as Exhibit "B." 7. The general nature and character of the labor furnished by Claimant w is to provide doors, frames, fasteners, and windows, and labor to install windows on a Comfort Suites hotel building. 8. Formal Notice to Owner of Subcontractor's Intention to File a Mechanic ' Lien Claim was served on Insite by certified mail, return receipt requested, on May 19, 2009. A e and correct copy of the Notice, along with a copy of the return receipt, are attached hereto and in orporated as Exhibit "C." 9. The amount due to Claimant on the aforesaid Subcontract is $274.325.96, plus interest at the statutory rate of 6% per annum. 10. The real property and improvements thereon that is subject to this Me hanics' Lien Claim is situated in Hampden Township, Cumberland County, Pennsylvania, as is described in Deed Book 279, Page 396, and having a street address at 2055 Tecl Pennsylvania. A copy of the deed is attached hereto and incorporated as E improvement to the real property is the construction of a Comfort Suites hotel bui appurtenances, to which Claimant performed the above-described work. WHEREFORE, Claimant, Glass Erectors, Inc., claims a Mechanics' Lien property and improvements described herein in the amount of $274,325.96, plus into from and after the completion of work, reasonable attorney fees, and costs of suit. MARTSON LAW OFFICES Date: June 26, 2009 By: A. &O j David A. Fitzsimons, Esq Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant particularly gy Parkway, t "D." The ;, and related ainst the real rest accruing EXHIBIT "A" 05/22/09 18:25 FA% 814 265 8740 FerraroKrukFerra Tracy Stewart From: donald h erwin [inaltedhe(fgmail, Corn] sent: Friday, May 22, 2009 10:58 AM To, robaglawerectorainc.com Subject: change of address for inane development Please note change of address for Insite Development: Donald H. Erwin, President Insite Development, LLC 2055 Technology Parkway Mechanicsburg, PA 17055 -ro G? Fcm'- Tr°G.I d a b5 - Z-740 la 002 r Y;?: ? tai 1 EXHIBIT "B" Vi,/ V1/ VO 10.10 lA1 O1't iVY Of Y9 DOl',A,-VAi'UAl'Cl'1'6 n,ZCXj06:38p Don Erwin 717-238-6670 GLASS ERECTORS, INC. Q 315 MAIN ST.. P.O. BOX 216 REYNOLDSVILLE, PA 15851 P HON E. (8141653-2652.FAX: (8 14) 653-8995 VISIT US ON THE WEB AT www.akmareclarsinc-com COMPANY: ATTN: PH: FAX: RE: COMFORT INN - MECHANICSBURG 258 READYSET PREHUNG WOOD DOORS - PREFINISHED, 240 9 PAIRS 57 READYSET METAL DOORS ONLY - PRERNISHED 39 NON READYSET UNITS - CONVENTIONAL FRAMES, COwh FRAMES INCLUDES: ALL FASTENERS AND ACCESSORIES REQUIRED FOR HNAL IN ANY HARDWARE ITEMS NOT ATTACHED TO UNITS (I.E. WALL AS PART OF ACCESSORY PACKAGE ON EACM UNIT TOUCH-UP PAINT FREIGHT TO J09 SITE FOR THREE TRUCK LOADS JXQUE10; HARDWARE POR INSTALLATION FOR THE CARD LOCKS KEYING OF HARDWARE FOR THE PROJECT INSTALLATION OF ANY ITEM DEEMED BEST ATTACHED AFTER ERIt"ON OF UNIT ( I.E. THRESHOLDS, GASKETS. CROSS SE HARDWARE) THESE ITEMS WILL IM SHIPPED LOOSE WITH E OR IN A SEPARATE CONTAINER PAIRED OPENINGS WILL HAVE HARDWARE INSTALLED ON DI FRAMES, DUT DOORS WILL NOT BE HUNG IN THE FRAMES FINAL INSTALLATION OF UNITS ON SITE Xw VVY P.1 NG rALLATION TOPS. ETC.) H UNIT AND 1• PROPOSAL ACCEPM SY: S1G?Y17 tMt IMTE VV I V i r VV a V. a V v.. w. v... r.. -.. w _ .,;8p Don Erwin 717-236-5570 p.4 ,,YIN NI --~ 1W.- r ...r.. -.-. W . J - -- ?..- QUALIFICATIONS: HM DOORS QUOTED AS REGENT WOOD DOORS QUOTED AS GRAHAM CLASS AND 11.49ALLATION 15 INCLUDED IN THIS QUOTE LABELS OU07ED AS UL CONVENTIONAL FRAMES AND COMMUNICATING FRAMES O OTED AS KD AND PREFINISHED THE PRICE OF THE DOOR PREP FOR THE CARD LOCKS IS INCLUDED IN THIS QUOTE QUOTED HINGES ON THE ENTRY ROOM DOORS AS MCKINNEY 1502 SPRING HINGES FINISHES ARE SUBJECT TO FACTORY APPROVAL (HIGH GLOSS TRANSLUCENT PAINTS ARE NOT RECOMMENDED To]" DEUVER11) .. St d8.8M,00 ± TAX NOTE: ACCE33 READER i POW11 SUPPLY FURNISHED AND 111MAM111T OTHERS THANKS. DAN ROUSH P"POSAC ACCEP780 BY. 05/01/08 15:14 FAIL 814 255 8740 _r'erraronruKrerrs Jun 24 08 06:38p Don Erwin 717-236.5670 .rw??livw.r Nl rvnv •r.w rN.. •••w•w..-...??...?W•?w.. SUMMED BY- 01 A59 ERECTORS, INC (814) 653-26S2 PHONE (814) 653-8695 Fax dwq itsb •ra nat.pWrook *WW a, bairn indmW 6d" 4um ion d= it 6 snc waood do thq we uKduded Price good rM 30 d"4 Company B=Jiwager Phone 2298864 Fou 71713212" Date W6" Job Comfort Sreltes Mc4*WIiesbWT AM Gore Au kjwaga We F vp w to farrnm =01 b skg Qs jG&W Abiaeti WM Doors Phsmes Swdloww Doors # IND, 2244 Indkdes Ve"nk Stor+efr+owt *Udems 22 Type A 11 Type 8 1 I)pe D Carla+ln"K F'mnus 3 Tire F Inchiden Bps Between Fri FpWndwg Mm efrmt KanM*w Tr i Fab Esl T Qtrrat x*vfiKWMMW 1660 Well Doors Kownaw I" Seri= if' kh ZOO Abdo n R?adl HorriwWT KatneerSbmderdADA FbIh k Kaww w #40 Dark Bronze AwodI= Gass 1" tw at BrMW Quote $ 98, 82OL 00 Installed Inekdes C begtfter liwaaarlon cavaim oar Wank Exciicdes Final Cleating Mb"rs Ihasktr Rob SYsr wt 12 E W UVO p.3 Propossl M=wpted brr. EXHIBIT "C" FAMESViemd13425 Glen Erectors, Ind13425.1 notice TO: Insite Development, LLC Attn: Donald Erwin 1943 Monterey Drive Mechanicsburg, PA 17050 FORMAL NOTICE TO OWNER OF SUBCONTRACTOR'S TO FILE A MECHANICS' LIEN CLAIM KINDLY TAKE NOTICE that Glass Erectors, Inc., intends to file a Mechanic ' Lien Claim against the property described in Paragraph 6 below unless Insite Development, LC, pays the amount due and owing under its contract with Glass Erectors, Inc., within thirty (0) days after service of this Formal Notice. In accordance with Section 501 of the Pennsylvania M hanics' Lien Law of 1963, the following information is provided: 1. The name of the party claimant is Glass Erectors, Inc. (the 2. The name of the company with whom Subcontractor contrac ed is Insite Development, LLC (the "Contractor"). Contractor and Subcontractor entered into Subcontract Agreement (the "Subcontract") on or about June 21, 2008, pursuant to which Subco actor was to provide doors, frames, fasteners, and windows, and labor to install windows. 3. The amount presently claimed to be due under the Subcontract is $27 ,325.96, plus service charges. There is $22,000.00 worth of work to be completed. The total am unt billed to Insite Development, LLC was $416,778.46. A true and correct copy of the Subcontr ct is attached to this Formal Notice and is incorporated by reference. Subcontractor has submittd invoices to Contractor for the past due amounts claimed. Contractor has failed and refused to pay these invoices. Accordingly, Subcontractor claims service charges from the respective d e dates of all such invoices at the statutory rate of 6% per annum. 4. Subcontractor supplied all labor, materials and equipment necessary tol complete the above-described work. 5. Subcontractor has not yet completed its work under the Subcontract. s of the date of this Formal Notice, the last work by Subcontractor for which it has not yet received ayment was performed on February 3, 2009. Without waiving any other right that Subcontrac r may have, including the right to terminate the Subcontract or to demand assurance of future payments, Subcontractor reserves its right to amend this Formal Notice and serve and file other d additional notices and mechanics' lien claims for any and all additional amounts that may be d e or become due under the Subcontract. 6. The property which will be subject to Subcontractor's Mechanics' ien Claim is approximately 2.401 acres situated in Hampden Township, Cumberland County, Pennsylvania, as more particularly described in Deed Book 279, Page 396, in the Recorder of De ds Office of Cumberland County, Pennsylvania. The property has an address of 2055 Technol gy Parkway, Mechanicsburg,. Cumberland County, Pennsylvania. Subcontractor reserves its rig t to file its Mechanics' Lien Claim even though the improvements are not completed. WHEREFORE, FORMAL NOTICE is hereby given that Subcontractor, Glass rectors, Inc. intends to file a Mechanics' Lien Claim at the expiration of thirty (30) days after service of this Formal Notice upon the Owner, or its agents. MARTSON LAW OFFICES By: Lavlu H. rluslmons, r-squin Date: Attorneys for Glass Erectors, ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: atw C. "ddt?raft4fao 11 Is delivert:ivery If YES, a add?)p !t'? war 1920 3. l15 P 5 jo $?YDe MCI MaII ? Reglatered ? Return Receipt for fp'4? ` 0 Insured Mail 0 C.O.D. 4. ReWctsd Delivery? Pis Fee) Agent Addressee of Delivery Yes No Yee 2. ArticleNtrrm 7008 3230 0002 8006 0092 (17ar>slbr from serv?c. &W Ps Form 3811, February 2004 Dornsstic Return Receipt , -&1540 ni IT .. 0 M , fE6fllyllgEl?'6 0 0 Postage $ CO ru Certified Fee O O Retum Receipt Fee E ( ndorsement Required) 0 Restricted Delivery Fee C1 (Endorsement Required) M M Total Postage 8 Fees $ M - CO Sent To O r- i Sirr;ei,' AM; g or PO Box No. 19Y- 1 I [ - ,? M JJ.. Lrry StAte, c:(f?+4 A R 10.61 0013 $2.2 Vii ,+Y I's 13° LL+i? 2 15• -- ..................... A NLkPTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (117) 243-3341 FAcsimn.F. (717) 243-1850 INTERNET www.mutsonlaw.com WILIdANt F. MARTSON JOHN B. FowLER III D&Nm, K. DEARDORFF THoMAS J. WILLIA%S* IVO V. OTTO III HUBERT X. GILROY GEORGF. B. FAI.LF.R JR.* 'BOAM CEMPIRD May 13, 2009 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED and FIRST CLASS MAIL Insite Development, LLC Attn: Donald Erwin 1943 Monterey Drive Mechanicsburg, PA 17050 RE: Glass Erectors, Inc. Our File No. 13425.1 Dear Mr. Erwin: We represent Glass Erectors, Inc., with regard to work completed on the Mechanicburg. Enclosed is a Formal Notice to Owner of Subcontractor's I Mechanics' Lien Claim. Please be advised that we intend to take all available steps to obtain full interest and costs to Glass Erectors, Inc. If these invoices remain unpaid through oversight or error, please contact the immediately to make arrangements for payment. Very truly yours, STM/mmp Enclosure cc: Glass Erectors, Inc. F'\FILES\C1ients\13425 Glass Smoors, Inc\13425.1 id MARTSON LAW OFFICES Seth T. Mosebey LL DAVID A. FrrzsIMONS CHRLSTOPHER E. RICE JENNIFER L SPEARS SETH T. MOSEBEY TRUDY E. FEHLINGER KATIE J. MAXWELL JACOB M. THEIs TiUAL SPECUUST Suites in to File a plus INFORMATION • ADVICE • ADVOCACY sM EXHIBIT "D" ...a.-w- . - .- . w........ - - .. w.. -a \, f1/,/f 11 JJ/ Li7Y l MBERT P. ZIEGLER C RECIR.DER OF DEEn "01 ERLAiID COURT' -: an MM 12 "M H 42 THIS DEED Tax Parosh Nos. MW de tlm 2 day of march, in the year of our Lord two thousand sawn (2007) f.VV 1/W., BeMcsan MT. ZION ASdOC1ATES L.P., a Pennsytmnis Nrnited partnership. of the first part ("Grants") AND WSITE DEVELOPMENT, LLC, a Penn"anin Ikrrilsd iiabNity co perry, party of the second part (''Oranlee') WI I NESWM, that the said Grantor, for and in consideration of the sum Eight Hundred Forty Thousand and 001100 (M840,000.00) Dollars lawful money of the States unto Grantor well and buy paid by the Gronlse, the moeipt of which is acknawtedgad, does hereby Went, bargain, asp, aiah, enfsoA, release, owway and unto the mid Grantee, Grantee's successors and assigns, LOT 5: ALL THAT CERTAIN tract of land situate in the Township of Hernpdsn, Cumberland County, Pennaylvenia known as Lot 5 on the Final ReSLWI ision ins Phase 2A and 2B for Cumbellend Technology Park recorded in Plan Boon 81 a 53 and bourhded and deacitbed as follows: BEWN MIG at an iron pin, setd point being the swift slsrrh comer of the intersection of ML Zion Road, having a 50 foot'legal right-cf way and Technology Parkway, having a 80 toot legal right-cf- ray; thence along the scuo ern right-oli sine of Mt. Zion Road South 79 dogmas 33 minutes 17 seconds East a distance o 180.68 feet to a point on sold southern right-oi may Nne of ML Zion Road; thence leaving said ripht-of-way Pro and song the properly now or fomarly Russel C. Mr Anna'E. Mock South 14 dogroes 40 mkhhtlse 43 man A West a dielsrhoe cf 152.1 feet to a point thence opnflnuing along the property now or formerly Russel C. M Anne E Mack South 79 degrees 33 minutes 17 seconds East a dishne s of 99.79 to a point on the line of property now or i nnery Larry S. Myers and Airdray M. V thence along said property now or fomnery Lwry S. Myers and Audrey M. Myers 26 degrees 08 mirnitas 36 seconds West a distance of 27225 feat to an iron pin, point being the conhmon oomer of now or formerly Larry S. Myers and Audrey M. now or formerly Pinnacle Health Hospfds and the tract of land heroin deseribed; thence skxV said now or fonnerly Pinnacle }iealth Hoq*& South 82 dogmas 2( minutes 41 seconds !/vest a distance bf 157.13 feet to an iron pin on the eastern i SLI7D73WIA OM.001M VV 279 .39S 8 rclc & feet of-way One of Technology Parkway; thence along said easlem ri0*0l way One of Teohrrabgy Psrkway along a Our" to the right havkg a radius of 456 feel and a k of 302.72 Am to an lron pks on the eastam right of W line of Tedwx*W parkwe thenoe oontir Ang along the eastern right-dF irr of Tedw oloptr Parlor Norti dagrsa127 minutes 53 morn, fig East, a diatarroa d 205.!12feat b an iron pin on tl eastern dpht-of-way Are of Technology Parkway; thence cantlnuinp alon0 the sea tight-of? pre of Tedmolow Parkway along a curve to the right having a radius 25.00 bet and a W41th of 39.20 feet to an iron pin on the sod- i e*A-cILway line Techr olopy Patkvriy, acid point being the juncture of Technology Parkway and M1 Road, aid also bell g the place of i0. CONTANWO 104,584.06 square feet (2.401 acres), more or leans. 1' .warvw 10 of . Zion EXCLPTNIIG AND RMMVMG a 20 foot wide hall easement and • basin easement more parUCUhely bounded and deaaibad on Floral Iiesubdivhlon , Phae 2A 6 28 for Cumberland Technology Park, recorded In Cumberland Coon Plan Book 81 Pape 53. SLING A portion of property which NWUughton Properties, Inc.. a Penni corporation. by deed dated November 4,1997 and recorded Novambw 5, 1997 Cumberland County Dead Book 187, Pape 327, granted and conveyed unto Mt. Asks L.P., a Pennsylvania Lirnnited Partnership. Being Tax Parcel 10-14-0839.023 UNDER AND SUBJECT to all restrictions, reservations, sesements, conditions and righls41-way of record. TOOETHM with all and singular the hereditamsnts and appurter -- -- a thereunto belonging or In anywise appertaining and the reversions and romelim o rents, Issues and pmfks thereof and all the estate, right, lido; kftreat, properly, i and demand whatsoever of the Grantor, In law, amity or otharwha, of, in and to same and every part thereof. TO HAVE AND TO HOLD the above-described ptsmises with the appurtenances unto the Grmrtee, Grantee's successors and aslgns, forever. AND the said Grantor hereby covenants and agrees that it will wamrnt the property hereby conveyed. SLI MSOvIA 00005.WM 6* 279 FACE 397 M W16mm UllmnW, the Grantor has hereunto set its hand and seal the day and fhst above written. ATTEST: Mt. Zion Assodefts, L.P. by b sole General Partner, kill. Zion Asmx*Ms, Inc. ( •) 3ecrotery Ph Markowitz Vice President Corignonwea PMrrnayNonin , SS.: of On tMs, the day of Mash, 2007, betas era, a Notary Publk, the undersigned officer, personally appeared Philip Markw tz. Vim President of Mt. ZI Aseocialss, km, a Pennsylvania corporeft% the sole ganarai perinw of Mt. Zbn Aaocielss L.P., a P@nmd* aria Unwed parborship, known to me (or proven) to be the person whose nerve is absorbed to the vAM deed and sclvrowledged that he as such cllicar mill ad the some for• the contMned on behalf of the aogmrslion, es general partner of the 9 nlNd In WINN s Wlnnmf, I hereunto ON rmXw * and OcIal seal oooM rKrr'oie?r?rrerr Aft '? . ?? ry Pu c Expires: 1 Hereby Certify that the precise residence of the Granlee is: 1943 NbnW*y Drive. Mechanicsburg, PA 17060 SLI MSW,, SW 279 PACE 399 y 02106/2008 15:26 PatrlCia BIRCk abstracting CommorlYtaeaft of Penneylvmie Comfy of Cumberland ' VAN11I Jai "40 Recorded on thl: day of . 2006, to the Cumberland County Recordir of Deeds OM= in RaoordlDeed Book . Volurne , Pepe Givan under my hand and the seal of the Bald Oflke the date above written. Cumberland County Recorder or Deeds 8:1LegaRDeeftCumberiandTsch4)esdtolnsMeDev.wpd 31910712:56 PM 1 Certify this to be recorded to Cumberland County PA Recorder of Deeds Boat 279 ra 399 -- r38?8s?g?SSSIs? r.uuwuuy r e t h a 41 V a y N .. LL FL .._i •,,i u _ o? G , N T3 rn • VERIFICATION The foregoing Mechanic's Lien is based upon information which has been my counsel in the preparation of the lien. The language of the document is that of by and not my own. I have read the document and to the extent that it is based upon inform ion which I have given to my counsel, it is true and correct to the best of my knowledge, informal ion and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.$. Section 4904 relating to unsworn falsification to authorities, which provides that if I make false averments, I may be subject to criminal penalties. Glass Erectors, Inc. FILED o THc F'=;" 2009 JUN 26 All 5: f i_;; +i Y 3 Ll'rt 14, tr* aalags RECEIVED JUN 2 2009 MAR'5 SON Sheriffs Office of Cumberland County R Thomas Kline Sheriff ???,?i?, nt ?u?u6rr/,k??? Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant o?c4=?' E" ??F Edward L Schorpp Solicitor Glass Erectors, Inc. vs. Insite Developement, LLC Case Number 2009-4308 SHERIFF'S RETURN OF SERVICE 07/06/2009 03:40 PM - Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 a 1540 hours, he served a true copy of the within Mechanics Lien Claim, upon the within named defendant, to wit: Insite Development, LLC, by making known unto Don Irwin, defendant at 1 Courthouse Square, Room 303 Carlisle, Cumberland County, Pennsylvania 170143 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $28.44 July 07, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF WC131 /VI De uty Sh riff n ? C i . ?-- ? F i -,1 '121 - Or THEE P 7 rl f?\1 2009 JUG. -8 I'll 3: -8 'Li.y. Fu??; R. . F:\FILES\Clients\13425 Glass Erectors, Inc\13425.1.affidavit l.wpd David Fitzsimons, Esquire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant GLASS ERECTORS, INC., Claimant, V. INSITE DEVELOPMENT, LLC, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4308 MLD : CIVIL ACTION - EQUITY AFFIDAVIT OF SERVICE OF NOTICE OF MECHANICS' LIEN COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND I, Seth T. Mosebey, Esquire, having a business address at 10 East High Street, Carlisle, Pennsylvania, being duly sworn according to law, deposes and states as follows: 1. I am an adult individual and authorized to make this affidavit of service; 2. The Sheriff's Office of Cumberland County served a Notice of Mechanics' Lien, a true and correct copy of which is attached hereto, on Insite Development, LLC, on July 6' 2009, by handing a copy of the Notice of Mechanics' Lien to Donald Erwin, President of Insite Development, LLC. A true and correct copy of the Sheriff's Return of Service is attached hereto. Seth T. Mosebey, Esquire Sworn to and subscribed before me this day of J U y*r - 20o c. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M Cale Borg, Cw berland County ttPubli cMy Cornltl Won E)ores Aug. 18, 201 i Member, Pennsylvania Association of Notaries F?\FILESThents\13425 Glass Erectors, Inc\13425.1.notice1.wpd David Fitzsimons, Esquire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant GLASS ERECTORS, INC., Claimant, V. 1NSITE DEVELOPMENT, LLC, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 09 - X1305 CIVIL ACTION - EQUITY NOTICE OF MECHANICS' LIEN TO: Insite Development, LLC 2055 Technology Parkway Mechanicsburg, PA 17055 Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania on June U , 2009, at docket number 09 - 4308 . For your convenience, a true and correct copy of the Mechanics' Lien Claim is attached to this Notice. MARTSON LAW OFFICES By: D Jam, k David A. Fitzsimons, uire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 30 , 2009 Attorneys for Claimant I TRUE COPY FROM RECORD In Testimony :.rh renf, I lyre into set my hand FTILESTlients\13425 Glass Erectors, Inc\13425.1.mechanicslienImpd and the seal of said Court at Carlisle, Pa. is ..... '... David Fitzsimons, Esquire day of..... \4 n.e...... x o Attorney I.D. No. 41722 •• •••••• •• n r' Seth T. Mosebey, Esquire othonot • • C- :0 Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 G ` -w (717) 243-3341 -< = Attorneys for Claimant GLASS ERECTORS, INC., : IN THE COURT OF COMMON PLEAS OF Claimant, : CUMBERLAND COUNTY, PENNSYLVANIA V. :No. og - g3oB IALj,, INSITE DEVELOPMENT, LLC, Respondent : CIVIL ACTION - EQUITY MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Glass Erectors, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P. S. § 1101 et seq., and hereby files and perfects this Mechanics' Lien Claim against the real property and improvements located at 2055 Technology Parkway, Mechanicsburg, Cumberland County, Pennsylvania, for all debts due for labor and materials in the course of alteration and repair, and, in the alternative, construction and erection, as follows: 1. Glass Erectors, Inc. ("Claimant") is a corporation having its principal place of business at 315 West Main Street, P.O. Box 216, Reynoldsville, Pennsylvania. Claimant files this Mechanics' Lien Claim ("Claim") as a subcontractor. 2. The owner or reputed owner of the property subject to the lien is Insite Development, LLC, ("Insite"), a Pennsylvania limited liability company with a registered office address at 4216 Little Run Road, Harrisburg, Pennsylvania. 3. On May 22, 2009, Donald Erwin, President of Insite, transmitted email correspondence to Claimant notifying Claimant that the address for Insite changed to 2055 Technology Parkway, Mechanicsburg, Pennsylvania. A true and correct copy of the email correspondence dated May 22, 2009, is attached hereto and incorporated as Exhibit "A." 4. The property subject to this Claim either is, or was intended to be, a Comfort Suites hotel building operated at 2055 Technology Parkway, Mechanicsburg, Pennsylvania. 5. The date upon which Claimant completed the work for which this claim is made was February 3, 2009. 6. The subcontract under which the work was done was with Insite. A true and correct copy of the Subcontract is attached hereto and incorporated as Exhibit "B." 7. The general nature and character of the labor furnished by Claimant was to provide doors, frames, fasteners, and windows, and labor to install windows on a Comfort Suites hotel building. 8. Formal Notice to Owner of Subcontractor's Intention to File a Mechanics' Lien Claim was served on Insite by certified mail, return receipt requested, on May 19, 2009. A true and correct copy of the Notice, along with a copy of the return receipt, are attached hereto and incorporated as Exhibit "C." 9. The amount due to Claimant on the aforesaid Subcontract is $274,325.96, plus interest at the statutory rate of 6% per annum. 10. The real property and improvements thereon that is subject to this Mechanics' Lien Claim is situated in Hampden Township, Cumberland County, Pennsylvania, as is more particularly described in Deed Book 279, Page 396, and having a street address at 2055 Technology Parkway, Pennsylvania. A copy of the deed is attached hereto and incorporated as Exhibit "D." The improvement to the real property is the construction of a Comfort Suites hotel building, and related appurtenances, to which Claimant performed the above-described work. WHEREFORE, Claimant, Glass Erectors, Inc., claims a Mechanics' Lien against the real property and improvements described herein in the amount of $274,325.96, plus interest accruing from and after the completion of work, reasonable attorney fees, and costs of suit. MARTSON LAW OFFICES By: David A. Fitzsimons, squire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 26, 2009 Attorneys for Claimant EXHIBIT "A" 05/22/09 16:29 FAIL 814 265 8740 FerraroBrukFerra Tracy Stewart X1002 No. 4259 p;r. - ?,r 1 From: donald h erwin [inaltedheftmall.com) sent: Friday, May 22, 2009 10:58 AM To: robOolasserecborainc.com Subject: change of address for inane development Please note change of address for Insite Development: Donald H. Erwin, President Insite Development, LLC 2055 Technology Parkway Mechanicsburg, PA 17055 TO b - Try '. G? Tm? aes - xpyv EXHIBIT "B" uJi uyi ve yJ. tJ rns vyti ruJ of vu rvrraa vurunreca a ?VVJ n-24 08 r06:38p Don Erwin 717-238-6670 - -- - - ---- - -- ... ___'.._.., .._ ---- p.1 GLASS ERECTORS, ENC. QUOTATION 313 MAIN ST.. P.O, BOX 216 REYNOLDSVILLE, PA 15851 PHONE: (8141653.2652•FAX: {814)653_m3 6/08/08 VISIT US ON THE WE8 AT WWWWw.ailo=Mclnr3inc rom PAGE 1 COMPANY: ATTN: PH; FAX: RE: COMFORT INN -MECHANICSBURG 256 READYSET PREHUNG WOOD DOORS - PREFINISHED, 24D SINGLES, 9 PAIRS S7 READYSET METAL DOORS ONLY - PREFINISHED 39 NON READYSET UNITS - CONVENTIONAL FRAMES, COMMUNICATING FRAMES ADS: ALL FASTENERS AND ACCWORms RmUIRW 1'OR RNAL INSTALLATION ANY HARDWARE ITEMS NOT ATTACHED TO UNITS (I.E. WALL STOPS, ETC.) AS PART OF ACCESSORY PACKAGE ON EACH UNR TOUCH-UP PAINT FR EIGKT TO JOB SITE FOR THREE TRUCK LOADS MQUM HARDWARE FOR INSTALLATION FOR THE CARD LOCKS KEYING OF HARDWARE FOR THE PROJECT INSTALLATION OF ANY ITEM DEEMED BEST ATTACHED AFTER FINAL ERECTION OF UNIT ( I,E. THRESHOLDS. GASKETS. CROSS SECTION HARDWARE) THESE ITEMS WILL aE SHIPPED LOOSE WITH EACH UMT OR IN A SEPARATE CONTAINER PAIRED OPENINGS WILL HAVE HARDWARE INSTALLED ON DOORS AND FRAMES. BUT DOORS WILL NOT BE HUNG IN THE FRAMES FINAL INSTALLATION OF UNITS ON SITE PROPOSAL ACC&7ED fly: ?g Avm7tme DATE vvr var vv av. av •a"" ??? _.w r•- ?. _ w jap Don Erwin 717-236-557p _ r „?,,...,...,,., , ?......... . _, . __ p.4 QUAD FICATIONS: HM DOORS QUOTED AS REGENT WOOD DOORS QUOTED AS GRAHAM CLASS AND INSTALLATION iS INCLUD® IN THIS QUOTE LABELS 0007ED AS UL CONVENTIONAL FRAMES AND COMMUNICATING FRAMES QUOTED AS KD AND PREFINISHEO THE PRICE OF THE DOOR PREP FOR THE CARD LOCKS IS INCLUDED IN THIS QUOTE QUOTED HINGES ON THE ENTRY ROOM DOORS AS McKINNEY 1502 SPRING HINGES FlNISHES ARE SUBJECT TO FACTORY APPROVAL (HIGH GLOSS ANo TRANSLUCENT PAINTS ARE NOT RECOMMENOEO TOTAL DELIVERED 3168, -02 NdTE: ACCE33 READRR i POWIR SUPPLY FURNISHIM AND INMAM dT OTMERS THANKS. DAN ROUSH MOPOSAL 4CCLrP7= O!, 10 06/01/09 15:14 FAX 514 255 fT4u, _rerraronruxrerra Jun 24 08 06,38p Don Erwin 717-236-6670 .w sgrl vwwMrvw v-w /Nw ?w W" -", - pow SUBMITTED BY: GLASS ERECTORS, INC (814) 651-2652 PHONE 014) 6514895 FAX if wq imo ao nos modrMak sli d m bolm i dww 6:" WMdon dM it im ixxl MC" dMttM W5 mcrhtded Prue scud in 30 dm C ""Y GWND=k"W Piave 2298"1 Fax 717 7321x88 DWO W60 Jab Conobd salter Meckanicabmw ANN Gans Amhymm We p vpesa 9v farm" aid UWAN as,Jwbm AlaadxWx Dbaa Ph my a 5WAvww Dom 0 2MA 2244 hwhiAa Vaidbale Storrfr nt Wiwdora 22 Type A 11 Type B 8 ?ype D Ckr9sim"Fr+rines ! Tffle F Xndkda BM*CF Betwm Fmm Frwaet W .Shnsfre a K4"l W IW Frtb 4551 T C? ?rbt WiwWt KaWR a 1640 we# Doors lCa+.a?t I" swim W LS zoo Bowe RYA HWdWWW KaWRdWShmdWd ADA Ffwmbr rAWWer "0 De k Mimm Axodme Glass J" lwrlRi Bhome Quas S 98, 818? 00 Lrsta&d CarDeog Oor Wank fxcbrrta Finn! (a mhW Mirm" Thanks Rob Anvat 12 T)pe x Wuue p.3 M-1 Propossl I=spted brr. ?. L?- EXHIBIT "C" FAFUXSCh*M\12427 Gba Ereame, ?nc112425.1 rot" TO: Insite Development, LLC Attn: Donald Erwin 1943 Monterey Drive Mechanicsburg, PA 17050 FORMAL NOTICE TO OWNER OF SUBCONTRACTOR'S INTENTION TO FILE A MECHANICS' LIEN CLAIM KINDLY TAKE NOTICE that Glass Erectors, Inc., intends to file a Mechanics' Lien Claim against the property described in Paragraph 6 below unless Insite Development, LLC, pays the amount due and owing under its contract with Glass Erectors, Inc., within thirty (30 days after service of this Formal Notice. In accordance with Section 501 of the Pennsylvania Mechanics' Lien Law of 1963, the following information is provided: The name of the party claimant is Glass Erectors, Inc. (the "Subcontractor"). 2. The name of the company with whom Subcontractor contracted is Insite Development, LLC (the "Contractor"). Contractor and Subcontractor entered into a Subcontract Agreement (the "Subcontract') on or about June 21, 2008, pursuant to which Subcontractor was to provide doors, frames, fasteners, and windows, and labor to install windows. 3. The amount presently claimed to be due under the Subcontract is $274,325.96, plus service charges. There is $22,000.00 worth of work to be completed. The total amount billed to Insite Development, LLC was $416,778.46. A true and correct copy of the Subcontract is attached to this Formal Notice and is incorporated by reference. Subcontractor has submitted invoices to Contractor for the past due amounts claimed. Contractor has failed and refused to pay these invoices. Accordingly, Subcontractor claims service charges from the respective due dates of all such invoices at the statutory rate of 6% per annum. 4. Subcontractor supplied all labor, materials and equipment necessary to complete the above-described work. 5. Subcontractor has not yet completed its work under the Subcontract. As of the date of this Formal Notice, the last work by Subcontractor for which it has not yet received payment was performed on February 3, 2009. Without waiving any other right that Subcontractor may have, including the right to terminate the Subcontract or to demand assurance of future payments, Subcontractor reserves its right to amend this Formal Notice and serve and file other and additional notices and mechanics' lien claims for any and all additional amounts that may be due or become due under the Subcontract. 6. The property which will be subject to Subcontractor's Mechanics' Lien Claim is approximately 2.401 acres situated in Hampden Township, Cumberland County, Pennsylvania, as more particularly described in Deed Book 279, Page 396, in the Recorder of Deeds Office of Cumberland County, Pennsylvania. The property has an address of 2055 Technology Parkway, Mechanicsburg,. Cumberland County, Pennsylvania. Subcontractor reserves its right to file its Mechanics' Lien Claim even though the improvements are not completed. WHEREFORE, FORMAL NOTICE is hereby given that Subcontractor, Glass Erectors, Inc. intends to file a Mechanics' Lien Claim at the expiration of thirty (30) days after service of this Formal Notice upon the Owner, or its agents. MARTSON LAW OFFICES By: David A. Fitzsimons, Esquire Date: ?I?3 JOIE Attorneys for Glass Erectors, Inc. • ComPlsb Itsme 1, 2, and 3. Also complete i 0 Agsrtt red. item 4 H Restricted Delivery Is des ¦ Print your name and address on the reverie 0 Addmome so that we can return the card to you. B. ) C. of Delivery ¦ Attach this card to the back of the malipiece, or on the front If space permits . D. b deWary 11 ? Yee I . Article Addressed to: L C If yEg? („,cry add.eras ?v O No o e? '> MIS 19 OWN BANK 7'Pi t QYn?-/W_ ,,, 9 ` ? 3 gyps LISPS ' Mah rpess Melt d ??o L/ /, [] R.pistered C3 Relu„ R eceipt for Mw3handlss c I'I Insured Mail ? C.O.D. 4. Restricted Mkvwyl (Fobs Fss) O Yss 2. ArtlclsNurtm 7008 3230 0002 8006 0092 pYanerts?nornarwc.lebeq PS Form 3811, February 2w4 Domesdc Rai son Receipt itrlaes4z rw? Wo Ir (Domestic Mail Only; No Insurance C overage Provjded? 0 C3 I? Iyilp 6 FA 1704 ..a p C3 Postage s $0.61 0013 Co Certified Fee $2. I rLi n Ci C) Return Receipt Fee (Endorsement Required $ PAY O C3 Restricted DelWety Fee (kndorsemsni Required) ?(,? W ?3 r.. M W Total Postage 8 Fees M CID Serf To - i MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 T LF.pHoNE (717) 243.3341 FAcsIMn.. (717) 243-1850 INT ANFT www.martsonlaw.com May 13, 2009 VIA CERTIFIED MAIL. RETURN REC'EIPT REQUESTED and FIRST CLASS MAIL. Insite Development, LLC Attn: Donald Erwin 1943 Monterey Drive Mechanicsburg, PA 17050 RE: Glass Erectors, Inc. Our File No. 13425.1 Dear Mr. Erwin: WILLIAM F. MARTsoN JoHN B. FowLER III D&Nw. K DF.ARDoRFF THOMAS J. WILLIA.NS# IVO V, Orm III HuHFRT X. GILROY GwRGF B. FALLER JL* DAVID A. FrastMoNs CHRISTOPHER E. RICE JENNIFER L SPF.ARs SETH T. MOSFREY T1tuDY E. RHUNGER KXTIE I MAXWELL. JAroB M. THFIS 'Baud CLXnllaD CmL TalAL SHCXALIaT We represent Glass Erectors, Inc., with regard to work completed on the Comfort Suites in Mechanicburg. Enclosed is a Formal Notice to Owner of Subcontractor's intention to File a Mechanics' Lien Claim. Please be advised that we intend to take all available steps to obtain full payment, plus interest and costs to Glass Erectors, Inc. If these invoices remain unpaid through oversight or error, please contact the undersigned immediately to make arrangements for payment. Very truly yours, MARTSON LAW OFFICES Seth T. Mosebey STM/mmp Enclosure cc: Glass Erectors, Inc. F%FILEbIClkfte 13425 Glee Erenon. Inc%13423 Id INFORMATION • ADVICE • ADVOCACY sM EXHIBIT `6D" 1if AT P. 21EGLEif j? RECIR.DER OF DEED.: J C ("; TE-RLAIID COU97-1-: m mm 12 m a V Tm DEED Tax Panmal Nos, 10-14.05MON Mbde fha 4 t? day of Much, In On year of our Lad two thousand seven (2007) seftoan W. ZION ASaOCIATa L.P., o Permsylvenia llndisd parbvership, ply of the find part ("E m"on AND NNfNT1Ez fDEVELWNW, LW, a PennsyNanla linmlled NabiNty comparry, party Of the second part ("unwise') 1MfTMEial114 tt 4 tta said Gramlor, for and In mmiderelton of the sum of Eight Hundred Forty TtmAmW and 0QM00 OW,000.00) Dollars t¦whd money of the United Stalls unto Gnedor well and buy paid by the Grantee, the mosipt of which Is hereby an MR 1.1 dyed, does hereby pram, barpein, ad, all n, errlsaE, release, OOBVey and Continrl unto the sold grantee, Onanlse's successors and assigns, LOT 5: Cumberland ALL. TMAT CERTAIN tract of land siluaia in the Township of Hampden, C r Panneylverilm known n Lot 5 on the FInW ReSubdhblon Plans Phan 2A and 28 for CwMwWW Tec and bounded and described as followsey Park recorded in Plan Boob 81 page 53 0lf31NNPIO at on iron pin, said Pont being the southeastern comer of the intenmotl n of ML Zion Road, having a 50 footlspal riphbof wW and TedwoloW Parkway, hang a 80 fact legal may; !hence along the soulharn right of any line of NIL Zion Road South 79 d gi m 33 minutes 17 seconds East a &W m of 180.88 fast to a point on said soupnern rt hl ol4m line of ML Zion (Road; thane leaving said ftM4&wsy Ina and abng frig property now or lam" Russel C. Mack b Anne-E. Mack South 14 degrees 40 nrkUn 43 seconds VMsst a dielsrroe of 152.88 feat lo a point; thence opntlrw ft abrp the property now or tbrnerly Russell C. Mack & Anew E Mack Smffi 79 degrees 33 minuln 17 seconds East a d"Cls of 99.76 fiat to ¦ point on the line of progeny now or formanly Larry S. Myers and Audrey M. Myers; thence mmv aid property now or formmery Larry S. Myers and Audrey M. Myers South 26 depress 00 minutes 38 seconds West a dlelsrnom of 27225 hat to an lion pin, said point being the oomrnon cornmer of now or formerly Lang S. Myers and Audrey M. Myers, now or formerly Pinnacle Health Hospitals and this tract of land herein dsacrbad; thence along said now or formerly Pinraaie Heatth Hospitals South 02 dagness 20 minutes 41 seconds Wed a distanos bf 167.18 feet 1D an Iran pin on the seek n right SLI WSwU000?OD.00DOD ?rs DOV 279 cf way One of Technology Parkway; ttherhoe a" said aaalsm r ghw.wey km of TedwrolbW Parkway along a curve to the %M hwft a radius of 446 feast and a *Vth of 3OL72 IM to an fron pin on Ow essis be of T adhsrology Pwkway; tlha ooondmdng dcnp the saalrrn ?yriptrt• mm degrees 27 n*mAm 53 wconds Fast, a dlslsrroa of 206.02 fed b an ?kon?pin?al? aaetsrrh ft"-wry One of Tadxrolo0y Pwkvm . tlisnos owllml Iq aI the eastsm righad-wry In of TednrckW Parkway tong a save to Z Z. havirhg a radius of 20.00 bet and a brgo of 39.20 feat to an kon pin on the eaaI dp** lW"y WO of TeohncloW Pwkvmy. said point bakhp the jwrobxe or Tiohnobgy Parkway and Mt. Zion Road, said also b@kV the place of 0lONN . CONTAOSM 104,594.05 square fast (2.401 acres), mots or less. _ MWEP IM AND RI1fINti a 20 foot wide tell omm*M and m,' am la Phase fonmm r Cu?Tbounded and Ia p lbe I on Find AasubMsIon Plans, Phan81 Paps 53. adxrolopy Park, recoided in Cwnbarhnd Cour* Plan Book MEMI6 A portion of property which k4 Naughka p , I,, a PennsyMmis corporation. by deed daMd Nwiwftw X1,1667 and recorded NwmrAW 6,16Q7 in Cumberland Cow* Deed Book 187, Pape 327, granted and oonhrayad unic Mt. Zion Associates L.P., a PerwayM nis Linrtted PerbnenMp. Being Tax Pares110-14-0036-028 UNDER-AND SUBJECT to ail rembictions, reservations, easements, covenmos, condtions and rlphls-of vmy of rem?d. TOGET1IN with al and singular the heredpamarM, and app" rlenarnss ttwaaxrto belongbrg or in anywise appwW& tnp and the reversions and ranraintim , MOD. mmu and profits tharad and all the astala. right. tlk V* MK prop", chin and demand whaNcaver of the Grantor, in low, equity or olmwiee, of, In and to the awns and ammy part thereof. TO HAVE AND TO HOLD the a mm4sacrlbad prernisse with the appurtenances unto the Grarrtes. Orwfto*s successors sabot aa54". tloraver. AND the said Grantor hereby covenants and agrees that It will warrant speolsly the Property hereby Conveyed. SLI WM.iAOOOO? oaooo b 279 PASE 397 In WlOiaaa Wliensol, the Grantor has hereunto act its hand and seal the day and year first above written. ATTEST: ML Lon ANOdalsa. LP. by its cola Goof al Prbrnr, Mt• Zkm Asaodalas, Inc. BY. (Asst.) secretary Phi* MmkovNz CV the President Prrrrraylvenia 95.: Cowry of on this, "It day of M¦reh. 2007, bnfbra rrre, a Wary pwft the fir. P ePPNnd PhMp MwkOV G, Vim President ofMt• Zion Awodlelaa, inc., s PerureyNanla aorporatlon, file cola osrrsrat parbrar of Mt. Zion Asaochlas L.P., a Partnnylvarria bnftd parbtarshlp, known b we (or aae proven) to be the peraon whoaa mama Is atrbembed to ft wNMn dead and sdQwwledped that he as such cMcw errsculad the came far ft cc itMned on bell of the corporaw?an, as general paler of the tl In Miss - VWWw K 1 hsraurtb act my l" and c$kM anal ii -" PL11M?,rrMm P ft . My ry Pu c 1 Hereby Carfi y that Ow prudes residende of the Grantee Is: 1943 Morrtemy Drive. Machanlalwrp, PA 17060 Attomay for Grantes ma 10 swiffie"LOOM F* 279 'ACE 396 0210612009 1526 PablClaMKkUsti uthg ?Fwt1??i M/ K40 Commmmeaft of Powayhounk CmW of Ownberfand SS.: Recorded on thls ,,,_ day of 200Q, In to Curt6»rMnd County Recorder of Deeds OM= In RemnlMeed Bock . Vd urne Pepe Ghm under my hand and the seal of the veld Me the dab above writhe. Curnberiend County Re=der of Deeds s:1L ech-Deedidr*Abd)ev.wpd 3fQW 12:69 PM I Certify this to be rccorded In Cumbaland County PA .?-ro ;O?4- Recorder of Deeds °? Fills ie W 279 ra $98 ' g T SLI mm"IMOSMOO oo s r?s?^s"s?rs'?ss?tlc?s ,? r.uvww% r 0 t b r tl N UJ?: i 1 L 'y • 7 C7, ._.a N 0 , f? VERIFICATION The foregoing Mechanic's Lien is based upon information which has been gathered by my counsel in the preparation of the lien. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Glass Erectors, Inc. R Thomas Kline Sheriff ' Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Glass Erectors, Inc. vs. Insite Developement, LLC Sheriffs Office of Cumberland County .4a?,tr of +£iurtbrry??# V OFFICE OF THE SHERIFF Case Number 2009-4308 SHERIFF'S RETURN OF SERVICE 07/06/2009 03:40 PM - Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 a 1540 hours, he served a true copy of the within Mechanics Lien Claim, upon the within named defendant, to wit: Insite Development, LLC, by making known unto Don Irwin, defendant at 1 Courthouse Square, Room 303 Carlisle, Cumberland County, Pennsylvania 170143 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $28.44 July 07, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF WO-117 14? De uty Sh riff OF r r,, uL 2009 JUL 23 ! ,yv FAF[LESTlients\13425 Glass Erectors, Inc\13425.I.coml.wpd David Fitzsimons, Esquire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLASS ERECTORS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-4308 MLD INSITE DEVELOPMENT, LLC, Defendant : CIVIL ACTION - EQUITY COMPLAINT TO ENFORCE MECHANICS' LIEN 1. Glass Erectors, Inc. ("Plaintiff'), is a corporation having its principal place of business at 315 West Main Street, P.O. Box 216, Reynoldsville, Pennsylvania. 2. Insite Development, LLC ("Defendant"), is a Pennsylvania limited liability company with a business address at 2055 Technology Parkway, Mechanicsburg, Pennsylvania. 3. Plaintiff and Defendant entered into an agreement pursuant to which Plaintiff agreed to provide pre-hung doors, frames and hardware for the hotel located at 2055 Technology Parkway, Mechanicsburg, Pennsylvania ("Premises"). A copy of the invoice for $178,974.64 is attached hereto and incorporated as Exhibit "A." 4. The parties subsequently entered into a change order for an additional $62,351.32 for fire ratings and a change in the finish to the wood doors at the Premises. A copy of the change order is attached hereto and incorporated as Exhibit "B." 5. On or about February 16, 2008, Defendant accepted a proposal in the amount of $98,820.00 for the installation and finish of door frames, storefront windows and curtainwall frames. A copy of the proposal is attached hereto and incorporated as Exhibit "C." 6. On or about August 19, 2008, Defendant accepted a proposal in the amount of $1,621.00 pursuant to which Plaintiff agreed to furnish and install three aluminum tube fixed windows. A copy of the proposal is attached hereto and incorporated as Exhibit "D." 7. On or about August 19, 2008, Defendant accepted a proposal in the amount of $17,840.00 pursuant to which Plaintiff agreed to furnish and install nine additional doors. A copy of the proposal is attached hereto and incorporated as Exhibit "E." 8. On or about November 30, 2008, Defendant accepted a proposal in the amount of $21,057.00 pursuant to which Plaintiff agreed to furnish and install two pairs of automatic doors, along with one electric carriage lock. A copy of the proposal is attached hereto and incorporated as Exhibit F." 9. Plaintiff last provided labor and materials to the Premises on February 3, 2009. 10. To date, Plaintiff has not completed $22,000.00 worth of agreed upon work. 11. To date, Defendant has paid a total of $84,338.00 for the above-described labor and materials. 12. Defendant currently owes an outstanding balance to Plaintiff in the amount of $274,325.96. 13. On June 26, 2009, Plaintiff filed a Mechanics' Lien Claim in the Court of Common Pleas of Cumberland County at No. 09-4308 MLD. A true and correct copy of the Mechanics' Lien Claim is attached hereto and incorporated as Exhibit "G." WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $274,325.96, plus interest accruing from and after the completion of work, reasonable attorney fees, and costs of suit. MARTSON LAW OFFICES By: ,1,v jr efo? David A. Fitzsimons, quire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 Date: 71)9169 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" 08/07/09 08:56 FAX 814 265 8740 FerraroKrukFerra 003 Mass Erectors, Inc. PO Box 216, 315 F. Main Street Reynoldsville, PA 15851 Phone: (814) 653-2652 Fax: (814) 653-8895 Bill To Insite Development 1943 Monterey Dr. Mechanicsburg, PA 17050 b Invoice Date Invoice # 2/9/2009 18284 P.O. No. Terms Due Date Comfort Suites Net 30 3/11/2009 Description Amount Really Set Pre-Hung Doors, Frames and Hardware Quoted Price: 168,844.OOT Enjoy your dayM Subtotal $168,844.00 Sates Tax (6.00/) $10,130.64 Total $178,974.64 Balance Due $178,974.64 A EXHIBIT "B" 08/07/09 08:57 FAX 814 265 8740 FerraroKrukFerra X1004 I L) AM 3 Street • R O. BOX 216 e, PA 15851 F (81 •653-2652 + X: (814) 653-8895 t2/19/OS Y+AA 1 I CG ir, S L ?hAA r, FAX: (717) 732-1208 RE: "Comfort inn - Mechanicsburg **revised price** The price increase is based upon adding the following: tie"t doem to, ,&&A reams, fine ratings to guest room doors, communicA&g doors, and various openings throughout the building. The price increase is also based upon ehauging the following: wood doors from MDO primed to Mahogany prefmished; and the inctroase in shipments. 31. ReadySet-Pre-hung Metal Doors Qnmfinished). 262 ReadySet Pre-hung Wood Doors (prefinished standard stain) 36. R-eadySet Wood Doors only (prefinished, communicating doors) 18 Nonjr j dy Set Units (commmaicating frames, knock down and prefinished) INCLUSIONS: All fasteners and accessories required for final installation a Any hardwam items not attached to units (i.e- wall stops) as part of accessory package Qn,each unit. • Touch- up paint ; 3 • Freight to job site for I tnieldoa,ds EXCLUSIONS: • Hardware and hvallafum for the card locks is excluded from this quote. s Keying-of hardware for the project • taon of any i -=-- eeme best attached after final erection of unit (i.e. thresholds. gaskets, cross section hardware). These items will be shipped loose with each tmit or it1 a s ep aratv container, • Faired openiugs will have hardware installed *on doors and fr n es, but doors xvill not 6c hung in the frames. • Final installation of units on site • All auest zoom closet doors QUALIFICATIONS:- - ' • 1W doors are Curries 707 polystyrene core • Gl= and installation included. Clear tempered for non-rated openings. • Wire glass for rated openmags • Labels are UL for hollow metal, NETT for wood. • Communicating'frames are KA and prefinished. • The price of the door prep for the card locks is included in this price. Card lock hardware and installation are NOT iucluded- TOTAL REVISED OUOTE $z 666.00 + TAX This proposal moist be sigacd & rettuned in order to be rclcased. PROPOSAL ACCEPTED BY P AU By sigaing:tW proposal you accept the submittals as submitted except for the changes shown above. --Any changes after this date will result in a price'iltcrease or decrease. V EXHIBIT "C" 05/01/08 15::.4 FAX 814 265 8740 FerraroRrukFerra 2008 Jun 24 08 06:38p Don Erwin 717-236-5510 p.3 •r?r?wll vin rr ?.?1 .vvr I Y-VV lIw r/r PropoW wr SUHMMED BY: GLASS MCTORS, INC (814) 653-2652 PHONE (814) 653-8895 FAX if mq iecma em not m7u4rmily stetad sm king 6Wh WW in dz6 yumotioa duo it 4bt wukmtood that they we =wWded Friav good for 30 daye Qpmpany Gene Bnshyeager Phone 22.98864 Fax 71:1732 1208 Date w6m Job Comfort Saga Me ka Wcsbuov Attu Gem Au byeager we proppae to fam" Md kda dS foll m Abias amM Dbms Frema hfardwar Dams # 224D, 224 Inchd= Ve *nla Stortefrant Wmdmt s 22 Type A 11 Type R 8 Typre D Cmrtatinw"F 3 Type F Includes Brakes Betty en Fmmes Firomfng S&wcfrmt Kacwneer IW Farb 45l T Crtrtarlw W iKWmCa 1600 Weil Doors Kownatir I" Seriaw ire ZOO BWAom Rho Rar+dwom Ka wneer Shmdand ADA Fsxtsh Kesmew #40 Dank Branca Anodke GYau I" &III&W J301mw Quote $ 98,82OLOO Instafied Ineludes C10=1 eg4?arfmallatlon Ca mAing Our Wwk Evel odes Final Cksming Mb"rs Thanks Rob SY want Proposal accapted bq 12 Type E r- 1 EXHIBIT "D" 05/01/09 15:14 FAY 814 265 8740 FerraroKrukFerra Proposal SUBMM'ED BY: GLASS ERECTORS, INC (814) 653-2652 PHONE (814) 653-8895 FAX if any itzms are not specifically stated as being included in Ws quatation then it is understood tbst they are excluded Price good for 30 days Company Gene Bushyeager Phone 2298864 Fax 71 7 732 1208 Date 8119/08 Job Comfort Suites Mechanicsburg We propose to furnish and install as follows 3 - 2' 0" x 6'9" x Aluminum Tube Fixed Windows Framing Kawneer T rit Fab 451 T Finish Kawneer #40 Dark Bronze Anodize Glass I" Insulated Bronze Tempered Quote S x,6,21.00 Installed Includes Cleaning After Installation Caulking Our Work Thanks Rob Stewart [a 009 Proposal accepted by: sigrldtul8 da6 EXHIBIT "E" 05/01/08 15:14 FAX 814 265 8740 FerraroKrukFerra Proposal SUB1 ffm-ED BY: GLASS ERECTORS, INC (814) 653-2652 PHONE ($14) 653-8895 FAX if any items are not specifically stated as being includedm this quotation tbcn it is understood shat they are excluded Nee good for 30 days Company Gene Bushyeager Phone 2298864 Fax 71 7 732 1205 Date 8119/08 Job Comfort Suites Mechanicsburg We propose to furnish and install as follows I - Pair Aluminum Doors, Frame, Panic Hardware 2 - Single Aluminum Doors, Frame With Sidelite, Panic Hardware 6 - Single Aluminum Doors, Frames, Panic Hardware Framing KKawneer Tri Fab 450 1451 Doors Kawneer 3S0 Series With 10" Bottom Rail Hardware Kawneer Standard ADA Panic Finish Kawneer #40 Dark Bronze Anodize Glass I" Insulated Bronze TenWered Quote $ 17 840. 00 Installed Includes Cleaning After Installation Caulking Our Work Add The Following If Doors Will Open With A Card Key 4stem Single Doors Add Electric Strike Quote $14600 Each Pair Of Doors Add Electric Panic & Door Loop Quote $ 782.00 Each Thanks Rob Stewart 2010 Proposal accepted by: Apuft a daft EXHIBIT "F" 08/07/08 08:57 FAX 814 265 8740 ? EC-2-2008 ¦ ¦ 15:04 FROPI:ABECO INC FerraroRrukFerra - 717 458 6362 2008 70:16146538895 P.1 Proposal sUj3,,Ai -ED BY: GLASS ERECTORS, INC (814) 653-2652 PHONE (814) 653.8895 FAX if any items we not specifically st=d as being included in this quomtion then it is understood thsr they are excludcd price good for 30 days Company Abeco Inc. Date 1113 /08 job Comfort Suites We propose to furnish and install two pair 12'0".x 7' 0" automatic bi narlinr aiOors ull breakout hardware. S 20, 295.00 Installed Doo Ben' erh ad Concealed Frame %" Sto refront Finish Dark Bronze Anodize Hardware Full Breakout Activadon BEA WiZard Z(, 057 Safety BEA Wizard Includes Caulking as required One year service tract Add r one electric carria a lock to work ?'i access control system. $ 762.001 2 Pair automatic doors S A810-00 2 Pair Swing doors $ 30315.00 Quote $ 20,295.00 We would still use the sidelite framing and glass 'hanks Rob Stewart proposal accepted by: ra 4 EXHIBIT "G" TRUE COPY FROM RECORD In Testimony .;!h,r of, I hart; unto set my hand F\FILES\Clients\l3425Glass Erectors,Inc\]3425.Imechanicslien I.wpd and the seal of sa;d Court at Carlisle, Pa. is ...... '... day of..... \J.1rl.g ...., Ace.1 David Fitzsimons, Esquire d Attorney I.D. No. 41722• •• •~•••• • Y. othonot ?` Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street y Carlisle, PA 17013 (717) 243-3341 Attorneys for Claimant 0 -Y- r, s GLASS ERECTORS, INC., Claimant, V. INSITE DEVELOPMENT, LLC, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. Cf9 - q30$ IAU. . : CIVIL ACTION - EQUITY MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Glass Erectors, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P.S. § 1101 et seq., and hereby files and perfects this Mechanics' Lien Claim against the real property and improvements located at 2055 Technology Parkway, Mechanicsburg, Cumberland County, Pennsylvania, for all debts due for labor and materials in the course of alteration and repair, and, in the alternative, construction and erection, as follows: 1. Glass Erectors, Inc. ("Claimant") is a corporation having its principal place of business at 315 West Main Street, P.O. Box 216, Reynoldsville, Pennsylvania. Claimant files this Mechanics' Lien Claim ("Claim") as a subcontractor. 2. The owner or reputed owner of the property subject to the lien is Insite Development, LLC, ("Insite"), a Pennsylvania limited liability company with a registered office address at 4216 Little Run Road, Harrisburg, Pennsylvania. 3. On May 22, 2009, Donald Erwin, President of Insite, transmitted email correspondence to Claimant notifying Claimant that the address for Insite changed to 2055 Technology Parkway, Mechanicsburg, Pennsylvania. A true and correct copy of the email correspondence dated May 22, 2009, is attached hereto and incorporated as Exhibit "A." 4. The property subject to this Claim either is, or was intended to be, a Comfort Suites hotel building operated at 2055 Technology Parkway, Mechanicsburg, Pennsylvania. 5. The date upon which Claimant completed the work for which this claim is made was February 3, 2009. 6. The subcontract under which the work was done was with Insite. A true and correct copy of the Subcontract is attached hereto and incorporated as Exhibit "B." 7. The general nature and character of the labor furnished by Claimant was to provide doors, frames, fasteners, and windows, and labor to install windows on a Comfort Suites hotel building. 8. Formal Notice to Owner of Subcontractor's Intention to File a Mechanics' Lien Claim was served on Insite by certified mail, return receipt requested, on May 19, 2009. A true and correct copy of the Notice, along with a copy of the return receipt, are attached hereto and incorporated as Exhibit "C." 9. The amount due to Claimant on the aforesaid Subcontract is $274,325.96, plus interest at the statutory rate of 6% per annum. 10. The real property and improvements thereon that is subject to this Mechanics' Lien Claim is situated in Hampden Township, Cumberland County, Pennsylvania, as is more particularly described in Deed Book 279, Page 396, and having a street address at 2055 Technology Parkway, Pennsylvania. A copy of the deed is attached hereto and incorporated as Exhibit "D." The improvement to the real property is the construction of a Comfort Suites hotel building, and related appurtenances, to which Claimant performed the above-described work. WHEREFORE, Claimant, Glass Erectors, Inc., claims a Mechanics' Lien against the real property and improvements described herein in the amount of $274,325.96, plus interest accruing from and after the completion of work, reasonable attorney fees, and costs of suit. MARTSON LAW OFFICES By: 'I 'a J N?!? David A. Fitzsimons, squire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 26, 2009 Attorneys for Claimant EXHIBIT "A" 05'/22/09 18:29 FAX 814 285 8740 FerraroKrukFerra la 002 r .. . r , .,.un No. 4259 * of I Tracy Stewart From: donald h erwin [fnsltedheftmail.com] Sent: Friday, May 22, 2009 10:58 AM To: rob(Oglasserectorainc.com Subject: change of address for inane development Please note change of address for Insite Development: Donald H. Erwin, President Insite Development, LLC 2055 Technology Parkway Mechanicsburg, PA 17055 '-o. G? Fram'. Tm??' a b5 - ?yU EXHIBIT "B" VJ/ V1/ V• iV . 1J rm 019 iVJ yl YY rp17 MA VAl uer CA A C, MIVVJ n„24 08,,06:38p Don Erwin 71 r 2370 P.1 • ?- ., -fir ---- GLASS ERECTORS, INC. MUMADION 315 MAIN ST. I P.O. BOX 216 REYNOLDSVILLE, PA 15851 PHONE (8141653-2652•fAX: (810653-WS 6/08/06 VISIT US ON THE WEB AT w`ww.oless _ clac inC Cam PAGE 1 COMPANY: ATTN: PH: FAX: RE: COMFORT INN -MECHANICSBURG 268 READYSET PREHUNG WOOD DOORS - PREFINISHED, 240 SINGLES, 9 PAIRS 57 READYSET METAL DOORS ONLY - PRERNISHED 39 NON READYSET UNITS - CONVENTIONAL FRAMES, COMMUNICATING FRAMES lpMWQN: ALL FASTENERS AND ACCESSORIES RMUIRED ?OR RNAL INSTALLATION ANY HARDWARE ITEMS NOT ATTACHED TO UNITS (I.E. WALL STOPS. ETC.) AS PART OF ACCESSORY PACKAGE ON EACM UNIT TOUCH-UP PAINT FREIGKTTO JOB SITE FOR THREE TRUCK LOADS HARDWARE FOR INSTALLATION FOR THE CARD LOCKS KEYING OF HARDWARE FOR THE PROJECT INSTALLATION OF ANY ITEM DEBT BEST ATTACHED AFTER FINAL GRECTION OF UNIT I I.E. THRESHOLDS, GASKETS. CROSS SECTION HARDWARE) THESE ITEMS WILL SE SHIPPED LOOSE WITH EACH UNIT OR IN A SEPARATE CONTAINER PAIRED OPENINGS WILL HAVE HARDWARE INSTALLED ON DOORS AND FRAMES, BUT DOORS WILL NOT BE HUNG IN THE FRAMES FINAL INSTALLATION OF UNITS ON SITE ORQPOSAL ACCEPTED Ay: s?awe?ue -- DATE WWI .&I Wv &W I ,,8p Don Erwin 717-236-5570 p.4 QUAD FICATICNS: HM DOORS QUOTED AS REGENT WOOD DOORS QUOTED AS GRAHAM C,LASS AND INSTALLATION 15 INCLUDED IN THIS QUOTE LABELS QUOTED AS UL CONVEMIONAL FRAMES AND COMMUNICATING FRAMES QUOTED AS KD AND PREFINISHED THE PRICE OF THE DOOR PREP FOR THE CARD LOCKS IS INCLUDED IN THIS QUOTE QUOTED HINGES ON THE ENTRY ROOM DOORS AS McKINNEY 1502 SPRING HINGES FlNISHES ARE SUBJECT TO FACTORY APPROVAL [HIGH GLOSS AND TRANSLUCENT PAINTS ARE NOT REOOMMENOEO TCIAL 0guyEitEp S1AlW,00 t TAX NOTE: ACCe33 RE:ADIR L POwl1! SUPKY FlIEANISNED AND MMAUND ST O MM THANKS. DAN ROUSH P"POV L ACCEPM0 BY 03/01/09 15:14 FAIL $14 Z55 8T4u• _tarraroaruxrerra Jun 24 08 06:38p Don Erwin 717-236-5670 ?w??li vww. MI rvrv r-w INw •?w .i?? Nr?? •wrr SUBUffTM BY GLASS ERECTORS, INC (814) 653-2652 PHONE ($14) 653-805 FAX if wq Wma om n% a rsdGadb AOW m beiiy 6dudW 6 di% ywcutioa dm it ie WKWMQod doom rn cuh ded P dm Smd Ear 30 dmp co,tapmy COM BUALve w Pb~ 229 8864 Fax 717 73312" DWe W60 Job Comfort Sates Meckmadbnor ASIN &W AWhymff We pn PWW tafarWA aid Insmem W f6&W Alaartamon Doors Pharnres 1Wardwasr Doers b 224D, 224X I whWa Yesdbale SI4mfmat Wha mm 22 Type A 11 Type B 8 T)pe D C:arfoiww+aa Fr uma IVe Jr brchki. Byres BeImm Fnww FrrmdV Sb efrawt airmew 7'K Farb 411T 0W4bt>wr xK9W Wr zoo Web Dvor? Sn•.areer I" swim W kh 10" Boftm Rl? Ho 1CatAreerSAmdWADA Frnkh Kawweor "a Dark Bh wce Awodfe Glen l" 1,11111, od Bhsa? owaft $ 98, 82OL00 Installed IKekdes C2e+a4tmeg A ftw h ataJla m Cemmft Oar WWk L`xcbRdes FkPa! CkdmWg Mbm" Tkamkar Bob SAnmt 12 Type z a uuo p.3 M? 1 Proposal wccepted br: ?. ;?--- EXHIBIT "C" F MXSChft0M343! GIs= Ereaore, IYAM425.1 robe TO: Insite Development, LLC Attn: Donald Erwin 1943 Monterey Drive Mechanicsburg, PA 17050 FORMAL NOTICE TO OWNER OF SUBCONTRACTOR'S INTENTION TO FILE A MECHANICS' LIEN CLAIM KINDLY TAKE NOTICE that Glass Erectors, Inc., intends to file a Mechanics' Lien Claim against the property described in Paragraph 6 below unless Insite Development, LLC, pays the amount due and owing under its contract with Glass Erectors, Inc., within thirty (30) days after service of this Formal Notice. In accordance with Section 501 of the Pennsylvania Mechanics' Lien Law of 1963, the following information is provided: The name of the party claimant is Glass Erectors, Inc. (the "Subcontractor"). 2. The name of the company with whom Subcontractor contracted is Insite Development, LLC (the "Contractor"). Contractor and Subcontractor entered into a Subcontract Agreement (the "Subcontract') on or about June 21, 2008, pursuant to which Subcontractor was to provide doors, frames, fasteners, and windows, and labor to install windows. 3. The amount presently claimed to be due under the Subcontract is $274,325.96, plus service charges. There is $22,000.00 worth of work to be completed. The total amount billed to Insite Development, LLC was $416,778.46. A true and correct copy of the Subcontract is attached to this Formal Notice and is incorporated by reference. Subcontractor has submitted invoices to Contractor for the past due amounts claimed. Contractor has failed and refused to pay these invoices. Accordingly, Subcontractor claims service charges from the respective due dates of all such invoices at the statutory rate of 6% per annum. 4. Subcontractor supplied all labor, materials and equipment necessary to complete the above-described work. 5. Subcontractor has not yet completed its work under the Subcontract. As of the date of this Formal Notice, the last work by Subcontractor for which it has not yet received payment was performed on February 3, 2009. Without waiving any other right that Subcontractor may have, including the right to terminate the Subcontract or to demand assurance of future payments, Subcontractor reserves its right to amend this Formal Notice and serve and file other and additional notices and mechanics' lien claims for any and all additional amounts that may be due or become due under the Subcontract. 6. The property which will be subject to Subcontractor's Mechanics' Lien Claim is approximately 2.401 acres situated in Hampden Township, Cumberland County, Pennsylvania, as more particularly described in Deed Book 279, Page 396, in the Recorder of Deeds Office of Cumberland County, Pennsylvania. The property has an address of 2055 Technology Parkway, Mechanicsburg,. Cumberland County, Pennsylvania. Subcontractor reserves its right to file its Mechanics' Lien Claim even though the improvements are not completed. WHEREFORE, FORMAL NOTICE is hereby given that Subcontractor, Glass Erectors, Inc. intends to file a Mechanics' Lien Claim at the expiration of thirty (30) days after service of this Formal Notice upon the Owner, or its agents. MARTSON LAW OFFICES By: 1 ?.?.er??s David A. Fitzsimons, Esquire Date: Attorneys for Glass Erectors, Inc. ¦ CoMpieb itwm 1, 2, and 3. Also complete 0 Agent ? Rom 4 If Restricted Delivery is desiled. ¦ Print your name and address on the reverse - 0 Addressee' so that we can return the cane to you. N b c. of Delivery ate ¦ Attach this card to the back of the malipiece, or on the front if space permhe. ety lilim 1? od. ? Yes 1. Article Addmased to: If YES, Bry sddteee m 0 No C * 44JI Mw 19 , 1 r??? 064yw b ra ii view 19 3 ` stYW LISPS tl 0. Esixess mom ??- 1?0 j o R"Wered C3 R.am R.c.lpc f or Merchendle. ? wouted Mail 0 C.O.D. 4. PWArlded D~ (fa Fes) o Yea x. MArticle anw hwn Nurtm a.?r>b. MW 7006 3230 0002 8006 0092 PS Form 3811, February 2004 Domestic Rat um Receipt 1025955-02-W15 0 (Domestic Only; Coverage Provided) d li F C3 or , e very MEpMWI Pp 1706! ?3 ° O Postage $ 10.61 0013 cenmed Fee 12. I ° n °tC3 Return ReCe pl Fee (Endorsement fbquired) 1 `` y K A i A ° QQ 1 RestriLled Delivery Fee (Endorsement Re uired) V 1r• ° q . _? 4 uy M M Total Postage 8 Fees $ 16. /29 M _ .0 senr To 16 6-J&.. P. !......._.. I r- 0, PO Box J.1 A Crry; SWe, ZIF44 Wk /f A /f n MARTSON LAW OFFICES 10 EAsT HIGH STREET CARLISLE, PENNSYLVANIA 17013 Tv.Lx.PHONE (117) 243-3341 FACSIMME (117) 243-1850 INTERNET www.martsorJawcom VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED and FIRST CLASS MAIL Insite Development, LLC Attn: Donald Erwin 1943 Monterey Drive Mechanicsburg, PA 17050 RE: Glass Erectors, Inc. Our File No. 13425.1 Dear Mr. Erwin: WILLIAM F. MARTsoN JoHN B. FowLER III DwEL K DEARDORFF THoNAS J. WILLIA\LS* No V. OTTO III HuBERT X. Qum GF:oRGF B. FALLER JR.* DAVID A. FI'IZSIMONS CHRISTOPHER E. RICE JP.NNIFF.R L. Smuts SETH T. MOSF.BEY TRuDY E. FEHLINCER KATIE I MAXWELL JACOB M. THEIS 'Bones CumnaD CmL TauL SPZCU it May 13, 2009 We represent Glass Erectors, Inc., with regard to work completed on the Comfort Suites in Mechanicburg. Enclosed is a Formal Notice to Owner of Subcontractor's Intention to File a Mechanics' Lien Claim. Please be advised that we intend to take all available steps to obtain full payment, plus interest and costs to Glass Erectors, Inc. If these invoices remain unpaid through oversight or error, please contact the undersigned immediately to make arrangements for payment. Very truly yours, STM/mmp Enclosure cc: Glass Erectors, Inc. F- \FILEb'1C9ientn113425 Ohm Emaon. Inc\1 3425.1 d MARTSON LAW OFFICES Seth T. Mosebey INFORMATION • ADVICE • ADVOCACY SM EXHIBIT `6D" vr.?wr .? .r.w,.. • w.. .ww r...w? ?r?.. v?w..s \. I\II/I 11 JV/ K1Y r VV IIVN" ROBERT P. ZIEGLER REORDER Of DEED; C ?`•%"@ERLAIIO cowls-,, M Mug 12 ERR a 42 TIES DEED Tax Petal Nos. 10-144d3wm Alatda die q a!. day of Mum, In the year of ow Lord two thousand saran (2007) ftme" MT. ZION IIs0Ot'.IA?LS L.P., a Perxnylvenia INnited partnership, panty of the first part ("Grarntor7 AND INWM DEVELOPIUW, LLC, a Penns*snia limited liability company, Party of the second part Mmrfiee-) WIIWSWIff. chat the said Grantor, for and In Consideration of the sum of Ebht Hundred Forty Thousand and OOMOO (1940,000.00) Dollars IaaaI I mahey of the Willed States unto Granbr wee and buy paid by the Orestes, ft reoslpt of which Is hereby aokrowledged, does hereby gmK bMpeln. stn, ales, enrelease, oam?eyand conlhm unto the said Grantee, GnntWa sucoessors and assigns, LOT 5: ALL THAT CERTAIN trail of land sb+ata in the Township of Hampden, Cumberland County, Pennsylvania known as Lot 5 on tta Find ReBubdivieton Plana Phase 2A and 28 for CwnbwkwW TeohrokW park recorded In Plan Book 91 pegs 53 and bounded and desabsd as follows: ¦EOIINO at an N+on pin, said point being the sculhandem corner of the intersection ofMt. Zion Road, havbp a OO foot*lagal ? -w ??y Parkway, hawing a W foot legal Y thece n INa of Mt. Zion Road South TO degree 33 minulas 17 seconds East a clelmince of 190.0 feet to a point an said soudwn right-ot way (he of Mt. Zion Road-, Mence leaving sold rig W-way Ins and Mom the property now or fomery RmW C. Mw* b Arna-E. Mack Sohath 14 degrees 40 mksbs 43 ascends Vilest a Sohn cm of 152.95 feet b a point; thence opntl wkV along the property now or fbrma ly R=W C. Mack & Anna E Mack South 79 degrees 33 minutes 17 seconds Eaat a dtelanoe of 99.79 feet to a point on the line of property now or formerly Larry S. Myers and Audrey M. Myers; thence along aid property now or f firmly Larry S. Myers and Audrey M. Myers South 26 degrees 09 minutes 35 seconds Vhd a disl nce of 27225 flat to an Non pin, said point being the common comer of now or bmharfy Larry S. Myers and Audrey M. Myers, now or fomw ft Pinnacle Health and the trod of land herein dacrbed; thence along said now or fommly Pinnacle HeelSh Hospitals South 92 degrees 20 minutes 41 seconds West a distanoe bf 167.13 feet to an ion pin on the eastern right SLI 707SW11000?00.00DOD Kv 279 ,, ,• .396 • oFway I'm of Tedwalow Parkway; thane Wong said saalann riooFway ins of Technology Parkway a" a arw to to rW hwkg a mdus of 4n be and a larip of 302.72 fiat to an iron pin on the samis it dam line of TwWdOW Parkway; thenos ounfinuing Hong the aaslern riatl•d wy be of Technology Parr Norton 10 degrees 27 mMulae 53 aaconda East, s dialarros OF 206.82 fret b an Non pin on the esebm 00*d-wsy Ane of TedwN* y Pwkwwf. tharpa con irq alono tirW wetem dght4frwsy One of Tealmokw Parkway song a area to the dq M hmft a radius of 25.00 feel and a bngM or 39.20 feat to an her pin on the aaalern rlOt4uWay Rns of Tedvw tgil Parkway. Weed point being No jrrdrrs of Technology Parkway and Mt. Zion Road, acid also being the place of SEOMNtbMli. CONTARWO 104,584.05 square bet (2.401 acres), more or leas. E=WgMfi AND RESiMNG • 20 hoot wide trill eaaemerM and a delsnMon basin eaaemarnt was patlloulady bounded and dsam1h Fl on Final gseubdNNion Plans, Phase 2A & 2B for Cumberland Tochwk y Paris, recorded in Cumbsrbnd County Plan Book 81 Pope 53. SEINE A portion of property whktn aAgNaughlon Properties, lnc., a PennsyNrania corponsJJon. by deed dabd Nwiarbar X1,1997 and recorded November 5,1997 in Cunrberiand County Deed Book 167, Page 327, granted and oorwayed unto W Zion Asaociabss L.P., a Pwvwyira * Limned Parbum*. Being Tax Pw=l 10-14-0839-023 UNDER AND SMJECT to all restrictions, nwervall", same nerM`, comwft, c once tions and rtglts-d-way of, am . TOOMM with alland airwAmr the hersdNarrns- - and ap'1 1 -,anew thersurnto balm" or in anywiaa aWwftk Mg and the reversions and remainders, rents. Iasuse and proft thersd and ell the sslsle, ftK Oft. bbreet, property, claim and damand whabmw of dw Grantor, In taw, aqutty or otherwise, of, in and to the same and every part thareof TO HAVE AND TO HOLD the Awn-dseerlbed premises with the appurtenances unto the Grantee, Gnmbe's suocanors and assigns. forever. AND the said Grantor hereby covenants and agremS that R will warrant specially the. properly hereby conveyed. su WMft1 000Oro000o 6* '179 PUE 397 In WMinesa WhsmW, the Grantor has herowhto sat ft hand end seal the day and year that above written. ATTEST: ML Zion AsaodaAss, LP. by b sots General Pu b m, Mt• Zion Assodaees, Inc. (Aus1.) sucretory Ph MwkwAk Vim President Aenner?va?nte :95.: 7-77 7 cowlty of On tflis, the day of M¦rch, 2007, bsttbre Fns, a Notary Pubft the undersigned dow, pstsone"'. app Mred Ph1MP MaArovtdt, Vice President of Mt. Zion Assoch iss, Inc., a PennsyNanla corporatlor?, the sole ger" psrl w of W Zion Aesociaiee L.P., a Perrneywanla sum partnerslilp. 10 ow b Ins Or prom) to be to person whose name Is subembed to the vAhln deed and sckncwledped that he as such oMoer env And the same for fire contained cn behalf of the oorpcraticn, as Oenerel partner d the ti In WIN we Wma g I hwaxft set rnyyi" end gltctal ssel Cry slab Pu c My Expires: Hereby Cerfi/ry that to precise residence of the Grantee Is: 1943 Mwft".orln. MechaMcsburd, PA 17060 Attomey for Owtse SLR MMWIRUM- I OOM SW 279 FACE 398 -1 - •--.... .. _T_ _ 021061M 1S26 Pftch Bieck Abstracting (PAPIU SS/ "40 r.uuww? Canmonwowe of PwnayNanis • SS.: i CounW of Cwnbwimd s Raoordad on this day of . 20081 in ft Cuwb~ County RsoordW of DMds Offts in Rew dOMd Book . Vokmrs . Pops Given under my hand end the sal of Ow said OMm ft data above wrmn. Cumbwbnd County Rs=dsr of Dads S:1LoppDeaddlCumbsMandTSCh4)eomnakep v.wpd 31910712.58 PM 1 Certify this to be recorded in Cumberland County PA Recorder of Deeds °E1 111 " 1 i? 1 slim I 1 all I W 279 w 399 _ r ??w?MMLr .~i??? r+ ?s's?s'sRSI?'s's3t3s? a r 0 t b h d ?- C-3 , Z] M N ? r N \J 111 ? 1 ..l o? G V i 0 , VERIFICATION I, Robert M. Stewart, President of Glass Erectors, Inc., hereby verify that I have reviewed the foregoing document and state that to the extent that the foregoing document contains facts supplied by or known to me, they are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Glass Erectors, Inc. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Complaint to Enforce Mechanics' Lien was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Insite Development, LLC Attn: Donald Erwin 2055 Technology Parkway Mechanicsburg, PA 17055 MARTSON LAW OFFICES B l ?uc-ei Y• M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Y / r/ Q 7 (5? THE PROTF-C'?NXARY 21TH A;JC 18 AN C., ? David Fitzsimons, Esquire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLASS ERECTORS, INC., Plaintiff, V. INSITE DEVELOPMENT, LLC, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-4308 MLD CIVIL ACTION - EQUITY PRAECIPE Please file the attached Notice to defend as an addition to the Complaint to Enforce Mechanics' Lien in this matter. MARTSON LAW OFFICES By: 2-LA -7-- %"+ Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: $`I?-7/ ? David Fitzsimons, Esquire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLASS ERECTORS, INC., Plaintiff, V. INSITE DEVELOPMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-4308 MLD CIVIL ACTION - EQUITY 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, THIS 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, PA 17013 (717) 249-3166 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Thomas L. Isenberg, Esquire POST & SCHELL 17 North Second Street Harrisburg, PA 17101-1601 MARTSON LAW OFFICES By: ---&(2,-,? ,ol Pa# M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Y)"' ?/," FILED-.-, "Fif OF THE IOTARY 2009 AUG 27 NM 4 © IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA GLASS ERECTORS, INC., Civil Action - Law Plaintiff, V. No. 09-4308 MLD INSITE DEVELOPMENT, LLC, Defendant/Owner. NOTICE TO PLEAD TO: Glass Erectors, Inc. David A. Fitzsimons, Esquire Martzson Law Offices 10 East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Answer With New Matter to Plaintiffs Complaint in Action Upon Mechanic's Lien Claim within twenty (20) days from service hereof or a judgment may be entered against you. POST & SCHELL, P.C. BY omas L. Isenberg, s re Attorney I.D. No. 76652 Post & Schell, P.C. 17 North Second Street, 12`h Fl. Harrisburg, PA 17101 Telephone: 717-612-6035 Facsimile: 717-731-1985 E-mail: tisenberg@postschell.com Attorneys for Defendant Date: 7/7 yfzov7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA GLASS ERECTORS, INC., Civil Action - Law Plaintiff, V. No. 09-4308 MLD INSITE DEVELOPMENT, LLC, Defendant/Owner. INSITE DEVELOPMENT, LLC'S ANSWER WITH NEW MATTER TO COMPLAINT TO ENFORCE MECHANICS' LIEN Defendant, Insite Development, LLC, by and through its counsel, Post & Schell, P.C., respectfully files this Answer with New Matter to Plaintiff, Glass Erectors, Inc.'s Complaint and, in support thereof, states the following: 1. Admitted. 2. Admitted. 3. Denied. The allegations contained in Paragraph 3 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. By way of further answer, the allegations contained within paragraph 3 relate to or reference a document, the terms, conditions and contents of which speak for itself. 4. Denied. The allegations contained in Paragraph 4 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. By way of further answer, the allegations contained 6570656v1 within paragraph 4 relate to or reference a document, the terms, conditions and contents of which speak for itself. 5. Denied. The allegations contained in Paragraph 5 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. By way of further answer, the allegations contained within paragraph 5 relate to or reference a document, the terms, conditions and contents of which speak for itself. 6. Denied. The allegations contained in Paragraph 6 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. By way of further answer, the allegations contained within paragraph 6 relate to or reference a document, the terms, conditions and contents of which speak for itself. 7. Denied. The allegations contained in Paragraph 7 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. By way of further answer, the allegations contained within paragraph 7 relate to or reference a document, the terms, conditions and contents of which speak for itself. 8. Denied. The allegations contained in Paragraph 8 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. By way of further answer, the allegations contained within paragraph 8 relate to or reference a document, the terms, conditions and contents of which speak for itself. -2- 9. Denied. After reasonable investigation, Incite Development is without knowledge or information sufficient to form a belief as to the truth of the allegations contained within paragraph 9. Strict proof thereof is demanded at time of trial. 10. Admitted in part and denied in part. It is admitted only that Plaintiff has failed to complete its work at the Project. The remaining allegations contained within paragraph 10 are denied inasmuch as after reasonable investigation, Insite Development is without knowledge or information sufficient to form a belief as to the truth of the same. Strict proof thereof is demanded at time of trial. 11. Denied. After reasonable investigation, Insite Development is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein. Strict proof thereof is demanded at time of trial. 12. Denied. The allegations contained within paragraph 12 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. 13. Denied. The allegations contained in paragraph 13 relate to or reference a document, the terms, conditions and contents of which speak for itself. By way of further answer, it is admitted only that Plaintiff filed a Mechanics' Lien Claim in the Court of Common Pleas of Cumberland County docketed at No. 09-4308 MLD. It is denied, however, that the filing of such lien was in accordance with the statutory framework of the Mechanics' Lien Law. WHEREFORE, Defendant Insite Development, LLC respectfully demands judgment to be entered in its favor and against that of Plaintiff Glass Erectors, Inc. NEW MATTER 14. Paragraphs 1 through 13 above are incorporated herein by reference as if set forth in full. -3- 15. Plaintiffs claims are barred, in whole or in part, by the doctrines of laches, waiver, and estoppel. 16. Plaintiff's claims are barred, in whole or in part, by the doctrine of accord and satisfaction. 17. Plaintiffs claims are barred, in whole or in part, by the doctrine of novation. 18. Plaintiff s claims are barred, in whole or in part, by the doctrine of payment. 19. Plaintiff has failed to set forth a claim upon which relief can be granted. 20. Plaintiffs claims are barred inasmuch as Plaintiff has failed to strictly comply with the Pennsylvania Mechanics' Lien Law. 21. Plaintiffs claims are barred as result of Plaintiff s failure to abide by the dispute resolution provision of the contract entered into by and between the parties. 22. Plaintiffs claims are barred as a result of its failure to complete its work on the Project and as acknowledged within its Complaint. 23. Plaintiff s claims are barred pursuant to the applicable statute of limitations. 24. Any and all change orders and/or proposals submitted by Plaintiff were not properly approved and submitted in accordance with the contract entered into by and between the parties and as such, Plaintiff is not entitled to payment for the same. 25. Work performed by the Plaintiff was not performed in workman-like manner. 26. Insite Development is entitled to a set-off inasmuch as it was required to retain the services of other contractors to complete and repair Plaintiff's work at the Project resulting in additional cost to Insite Development. -4- 27, Insite Development is entitled to a set-off inasmuch as Plaintiff failed to perform its work in a timely manner, delayed progress and completion of the Project and caused additional costs to be incurred by Insite Development. WHEREFORE, Defendant Insite Development, LLC respectfully request this Honorable Court to enter judgment in its favor and against that of the Plaintiff Glass Erectors, Inc. POST & SCHELL, P.C. Date: y/yy /10? BY: 0omas L. Isen Q r, Jr., !ti7r-e Attorney I.D. No. 7 Post & Schell, P.C. 17 North Second Street, 12'x' Fl. Harrisburg, PA 17101 Telephone: 717-612-6035 Facsimile: 717-731-1985 E-mail: tisenberg@postschell.com Attorneys for Defendant -5- .Sep 24.09 01:40p Donald H. Erwin 717-236-5570 p•2 VERIFICATION I, Don Erwin, do hereby verify that I am the of Insite Development, LLC and have been authorized to execute this Verification on its behalf. I hereby verify that the foregoing is true and correct to the best of my knowledge, information, and belief. This Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. INSITE DEVELOPMENT, LLC r BY: on Erw' Date: ?/ z Nl"0 CERTIFICATE OF SERVICE I, Thomas L. Isenberg, Jr., Esquire, of Post & Schell, P.C., do hereby certify that I caused to be served a true and correct copy of the foregoing Insite Development, LLC's Answer With New Matter To Complaint To Enforce Mechanics' Lien to be served on the following parties/counsel of record by U.S. Mail, First-Class, postage prepaid, as follows: David A. Fitzsimons, Esquire Seth T. Mosebey, Esquire Martzson Law Offices 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff POST & SCHELL, P.C. By. Thomas L. -nberg, Jr., quire Date: 1 /z` r FIS..E?? ?=UC 0F- 7F;E' tLFtY 2004 SEP 25 L' i ! ! : 2 b fill'. F: TILES\Clients\13425 Glass Erectors, Inc\13425. LrepI wpd David Fitzsimons, Esquire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLASS ERECTORS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-4308 MLD INSITE DEVELOPMENT, LLC, Defendant : CIVIL ACTION - EQUITY REPLY TO NEW MATTER 14. Paragraphs 1 through 13 of Plaintiff s Complaint are incorporated herein by reference as if fully set forth. 15-24. The averments of Paragraphs 15 through 24 constitute conclusions of law to which no responsive pleadings are required by the Pennsylvania Rules of Civil Procedure. 25. The averment of Paragraph 25 constitutes a conclusion of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, all work was performed in a workmanlike manner. 26. The averment of Paragraph 26 constitutes a conclusion of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment of Paragraph 26. Therefore, this averment is denied and strict proof thereof is demanded at trial. 27. The averment of Paragraph 27 constitutes a conclusion of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment of Paragraph 27. Therefore, this averment is denied and strict proof thereof is demanded at trial. L• WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $274,325.96, plus interest accruing from and after the completion of work, reasonable attorney fees, and costs of suit. MARTSON LAW OFFICES By: a .2 't4 k?!? David A. Fitzsimons, E uire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: I v ?? 3 X09 Attorneys for Plaintiff VERIFICATION I, Seth T. Mosebey, Esquire, verify that I am the attorney for the plaintiff in this action and that the foregoing Reply to New Matter is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of Glass Erectors, Inc., because Glass Erectors, Inc., is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unsworn falsification to authorities. MARTSON LAW OFFICES J4?? -7, P!pj?-? L CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Thomas L. Isenberg, Esquire POST & SCHELL 17 North Second Street Harrisburg, PA 17101-1601 MARTSON LAW OFFICES ?ITricia D. Ec-kenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 13, 2009 OF THE r tir. J'F J F.. 20,19 OCT 13 Pill 2.: 16 1 f, f.:L.i`.. David Fitzsimons, Esquire Attorney I.D. No. 41722 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLASS ERECTORS, INC., Plaintiff, V. INSITE DEVELOPMENT, LLC, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-4308 MLD CIVIL ACTION - EQUITY PRAECIPE Please file the attached Verification executed by Robert M. Stewart as a substitute for the Verification attached to Plaintiff's Reply to New Matter. MARTSON LAW OFFICES By: 3 Seth T. Mosebey, Es ire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: October 14, 2009 VERIFICATION 1, Robert Ari. Stewart, President of Glass Erectors, Inc., hereby verify that 1 have reviewed the foregoing document and state that to the extent that the foregoing document contains facts supplied by or known to me, they arc true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Glass Erectors, Inc. CERTIFICATE OF SERVICE I, Jacqueline A Decker, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Thomas L. Isenberg, Esquire POST & SCHELL 17 North Second Street Harrisburg, PA 17101-1601 MARTSON LAW OFFICES By cgt,e ne A. Decker en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 14, 2009 2kG9 0 C T I h 3: ! tv; v!