HomeMy WebLinkAbout09-4373James R. Clippinger, Esquire
Attorney I.D. #07159
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
jclippinger (ecaldwellkearns.com
Attorne-Y for CM Squared, Iuc.
CM SQUARED, INC.,
Claimant
V.
MEMBERS I ST FEDERAL
CREDIT UNION,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4373 MLD
MECHANICS' LIEN
MECHANICS' LIEN CLAIM
1. CM SQUARED, INC. (hereinafter "Claimant") is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania with a principal place of business
located at 4411 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania 17112-9524 and
files this Mechanics' Lien claim as a subcontractor.
2. The owner of the property subject to this lien is Members l" Federal Credit Union
(hereinafter "Owner"), who maintains a principal place of business at 5000 Louise Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The real property of Owner Members I" Federal Credit Union upon which the
work was performed is located at 321 York Road, a/k/a Lot 8, Carlisle Crossing, Carlisle, South
Middleton Township, Cumberland County, Pennsylvania 17013 (hereinafter the "Property")
4. The last date Claimant provided labor and materials to supply and install an
electric system for the improvements upon the Property was January 5, 2009 which work was
performed pursuant to written contract with eciConstruction, LLC (hereinafter "Contractor")
which Contractor has, despite repeated demand, failed to fully pay Claimant. A true and correct
copy of said written contract is attached as Exhibit "A" and made a part hereof by reference
thereto.
5. Claimant, CM Squared, Inc., did provide formal written notice of intention to file
this claim to Owner by letter of May 21, 2009 and June 5, 2009. A true and correct copy of said
notices and the return receipt of certificate of service are attached hereto and incorporated herein
by reference as Exhibit "B".
6. The labor and materials supplied by Claimant, CM Squared, Inc., consisted of the
supply and installation of an entire electrical system with improvements located on the Property
as so described in the contract attached as Exhibit "A" hereto.
7. The remaining amount claimed to be due for labor and materials is $4,679.76, to
include release of retainage plus interest and costs as provided in the contract with Contractor or
as otherwise permitted by law. The documents attached to Exhibit "C" set forth a breakdown in
detail of the costs for the labor and materials supplied and furnished.
8. The real estate subject to the lien is known as 321 York Road, a/k/a Lot No. 8,
Carlisle Crossing, South Middleton Township, Cumberland County, Pennsylvania 17013 as
described in the deed recorded in the Office of the Recorder of Deeds of Cumberland County
which AFC Washco Carlisle Crossing, LP by Deed dated March 27, 2008 and recorded April
4, 2008 to Instrument No. 200815072 granted and conveyed unto Members ls` Federal Credit
Union. A true and correct copy of the deed is attached hereto and incorporated herein as Exhibit
«D„
2
WHEREFORE, Claimant/Subcontractor, CM Squared, Inc., claims a lien upon the real
estate herein described known as 321 York Road, a/k/a Lot 8, Carlisle Crossing, Cumberland
County, South Middleton Township, Carlisle, Pennsylvania 17013 bearing Cumberland County
Tax Parcel No. 40-08-0575-0001 in the sum of $4,679.76 plus interest as allowed by law and
costs of suit respectively submitted.
Dated: LO ?C?. ?? Respectfully submitted,
CALDWEL V&KEARNS
By: James R. li*pi er, Esquire
Attorney D. #0 X59
3631 Norl Front?.reet
Harrisburg, Pennsylvania 17110
(717) 232-7661
jclippinger@caldwellkeams.com
Attorney for CM Squared, Inc.
3
VERIFICATION
The undersigned hereby verifies that the facts set forth in the foregoing document are true
and correct to the best of his knowledge, information and belief and further states that false
statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn
falsification to authorities.
Dated: 2t 7'?;, ? ?Dcl
CM SQUARED, INC.
By:
Christian D. Malesic, President
03860-003/150261
tybi?-
124 West Church Street
P.O. Box 459
Dillsburg, PA 17019-0459
717.638.3000
717.638.3001 Est fax
717.638.3002 PM fax
eC I Construction
Subcontract Agreement
# 830.012.161
This Subcontract Agreement for construction services is made and entered into This juRe 1412008, by and
between: s i
CM Squared, Inc.
4411 Linglestown Road
Harrisburg, PA 17112-9524
hereinafter called "Subcontractor"
and
eciConstruction, LLC
124 West Church Street
PO Box 459
Dillsburg PA 17019-0459
hereinafter called the "Contractor'
Project Manager: Chris Lightner
Office Phone: 717-545-1056
Cell Phone: n/a
Fax: 717-545-1173
e-mail: n/a
Project Manager: Mike Phillips
Office Phone: 717-638-3324
Cell Phone: 717-880-1047
Fax: 717-638-3001
e-mail: NIA
in connection with the project commonly referred to as:
Members 1St Federal Credit Union - Carlisle
Lot #8, Carlisle Crossing
Carlisle, PA 17013
SECTION 1. SCOPE OF WORK
RECD l
JUL. 13 200$
eci
The materials and services to be furnished and the Work to be performed by Subcontractor are as set forth in
Exhibit A, attached hereto and incorporated herein by reference.
The work to be performed by Subcontractor is not necessarily in one particular portion of the plans and
specifications. Subcontractor will perform all of the work that falls within the general area of their scope,
regardless of the fact that the work to be performed may be distributed throughout the plans and specifications,
and Contract Documents, as well as all incidental work reasonably necessary to complete the scope of work. In
the event of any dispute between Contractor and Subcontractor over the scope of Subcontractor's work under
the Contract Documents, Subcontractor will not stop work but will prosecute the work diligently to completion,
the dispute to be submitted for resolution in accordance with Section 10 below.
SECTION 2. PAYMENT
2.1 SUBCONTRACT PRICE
The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract the Subcontract
Sum of Ninety-Four Thousand Three Hundred Twenty Dollars and No Cents ($94,320.00), subject to
additions and deductions as provided in the Subcontract Documents.
2.1.1 The Subcontract is based upon Base Bids, Alternates, Bid Items, Option Prices, Allowances and Unit
Prices, as enumerated in Exhibit B, attached hereto and incorporated herein, where applicable, by reference and
have been accepted by the Owner and the Contractor.
The release of final payment and any retainage shall be made thirty (30) days after the receipt by the
Contractor of final payment and retainage from Owner.
2.4 RELEASE REQUIRED FOR FINAL PAYMENT
Subcontractor shall not be entitled to receive a final payment until the Work has been accepted by the
Contractor and the Owner and a complete release of any and all claims against the Contractor and the Owner
has been delivered by the Subcontractor to the Contractor. The acceptance of such release shall not relieve the
Subcontractor of liability for defects in the Work, which may thereafter be discovered.
2.5 NON-WAIVER OF RIGHTS AGAINST SUBCONTRACTOR
No Payment made under this Subcontract, except the final payment, shall be evidence of performance by
Subcontractor of its obligations under this Subcontract either wholly or in part. No payments (including without
limitation the final payment) shall be construed to be an acceptance of defective work or improper materials.
2.6 SUBCONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT IS RELEASE
The acceptance by Subcontractor of the final payment under this Subcontract shall be and shall operate as a
complete and unconditional release of the Contractor and the Owner of any and all existing or future claims or
demands by Subcontractor against the Contractor and the Owner, known or unknown, hereunder or in
connection herewith, whatever they may be of howsoever they may arise, as well as for every act of neglect of
the Contractor and the Owner and any person or firm for whom the Contractor or the Owner shall be or may be
deemed to be responsible.
SECTION 3. WORK IN ACCORDANCE WITH CONTRACT DOCUMENTS
Subcontractor will furnish all labor, material, equipment, and incidental services, and perform all Work
described in Section 1 of this Subcontract for the above referenced project for said Owner, in accordance with
the terms of this Subcontract and in accordance with the Contract Documents set forth and identified in
Exhibit D, attached hereto and incorporated herein, where applicable, by reference. Subcontractor shall be
bound to the Contractor to the same extent the Contractor is bound to the Owner under the Contract Documents.
However, in the event any provision of the Contract Documents are inconsistent with the provisions of this
Subcontract, then the provisions of the Subcontract shall prevail.
SECTION 4. MANNER OF PROSECUTION OF THE WORK
Subcontractor will (a) keep itself thoroughly informed of the progress of the Project, (b) begin work within ten
(10) days, or sooner if required, to avoid delaying the progress of the project, after notification by the
Contractor, (c) proceed with the Work in accordance with the final approved schedule, if any, for the Project,
(d) prosecute the Work continuously and uninterruptedly with all possible speed, (e) complete the Work in
accordance with the final approved schedule for the Project, if any, and in such a manner so as not to interfere
with or delay performance of other trades or of the work of any other contractor or subcontractor, (f) furnish and
maintain in first-class operating condition a sufficient amount of equipment, machinery, tools, implements and
supplies, (g) furnish all material and all labor, and all things whatsoever required or convenient to carry out
properly and perform the Work, (h) perform all the Work required by this Subcontract strictly in accordance
with the Contract Documents, copies of which are on file in the office of the Contractor and are available for
inspection, and (i) perform the Work in accordance with the construction schedule, if any, and any and all
revisions thereof established by the Contractor or the Owner.
4.1 FAMILIARITY WITH SUBCONTRACT AND CONTRACT DOCUMENTS
This contract contemplates a complete installation of the Work and shall be all-inclusive under common usage
in the industry and as may be inferred reasonably from the Subcontract or the Contract Documents. Because the
Contract Documents are an essential element of this Subcontract, Subcontractor's failure to check thoroughly
and to verify the information contained in the Subcontract or any Contract Document, or to visit the site to
become familiar with local conditions that may affect cost, progress, performance or furnishing of the work,
shall not act to modify or mitigate the Subcontractor's complete responsibility herein contemplated as to the
Work.
Subcontract Number: 830.012.161
The Subcontractor shall strictly observe and comply with all applicable safety laws, rules and regulations, and
with the accident prevention program required by the Contractor.
4.6.4 DRUGS AND ALCOHOL
There shall be no use of drugs or alcohol at or near the Project at any time. Anyone violating this rule shall be
removed from the Project immediately and permanently.
4.7 CUT G AND PATCHING
Unless specifically i tified elsewhere in the Subcon t Documents, Subcontra r shall perform all cutting
and patching associated the installation of its work.
4.8 CLEAN-UP
Subcontractor shall at all times keep the Project site free of rubbish, debris, and waste and/or surplus materials
resulting from its operations, and shall turn over the Subcontract Work in such condition as to permit the next
succeeding or intervening work to be commenced without further cleaning. Subcontractor shall be responsible
for picking up and removing its debris and trash resulting from its operations on a daily basis. If Subcontractor
fails to comply with the provisions of this Section, Contractor shall have the right itself or through others, after
giving two (2) working days prior written notice to cure to Subcontractor, to perform such cleaning and to
charge the reasonable cost thereof to Subcontractor.
SECTION 5. INDEPENDENT CONTRACTOR
The Subcontractor certifies that he is "an independent Contractor" subject, as an employer, to all applicable
statutes and regulations with respect to such status.
SECTION 6. INSURANCE
6.1 CERTIFICATES OF INSURANCE
Before commencing work on the Project, the Subcontractor and its subcontractors of every tier will supply to
the Contractor duly issued Certificates of Insurance, naming the Contractor and the Owner as additional
insured's, showing that insurance for Workers Compensation, Commercial General Liability, Comprehensive
Automobile Liability, Umbrella Liability, Professional Liability, Pollution Coverage or any other required
insurances, are in effect for the Project. The type and amounts of coverage shall be as set forth in Exhibit E,
attached hereto and incorporated herein by reference. No payment will be considered due and owing hereunder
until Certificates of Insurance satisfactory to the Contractor have been received by the Contractor. In the event
of the threatened cancellation for non-payment of premium, the Contractor may pay the same for Subcontractor
and deduct the said payment from accounts then or subsequently owing to the Subcontractor hereunder.
6.2 INSURANCE INDEMNIFICATION
Subcontractor shall indemnify the Contractor and its insurance carriers for any failure to provide the Contractor
with the insurance required by this Subcontract.
6.3 ADDITIONAL INSURED
Subcontractor shall name the Contractor as an additional insured on a primary and non-contributory basis with
respect to all policies of insurance required by this subcontract except workers compensation.
6.4 NOTICE OF CANCELLATION
Subcontractor shall give the Contractor written notice at least 30 days prior to the cancellation of any of the
insurances required under this Subcontract.
SECTION 7. BONDING OF SUBCONTRACTOR
Subcontract Number: 830.012.161
then the controversy, dispute or claim shall be decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having jurisdiction thereof, and the arbitration decision shall be
final and binding on both parties and their sureties, if any. Said arbitration proceedings shall be filed in the
Philadelphia Regional Office of the American Arbitration Association and the locale for the arbitration shall be
Harrisburg, Pennsylvania; (3) No dispute, controversy or pending arbitration shall interfere with the progress of
the Project. Subcontractor shall proceed with its Work and shall carry out the decision of the Contractor; (4) If
arbitration is commenced by Owner concerning any dispute involving the work of the Subcontractor, then
Subcontractor agrees to be joined in any arbitration between Owner and the Contractor, as well as with any
other parties thereto, before one arbitration board which shall determine all said disputes. In the event that either
Contractor or Subcontractor institutes arbitration against the other, or the surety of such party then the
prevailing party shall be entitled to recover from the other its attorney's fees.
SECTION 11. CONSTRUCTION OF SUBCONTRACT
Although drawn by the Contractor, this Subcontract shall, in the event of any dispute over its meanings or
application, be interpreted fairly and reasonably, and neither more strongly for nor against either party.
SECTION 12. SECTION AND SUBSECTION HEADINGS
The Section and Subsection headings contained in this Subcontract are included exclusively to aid the
Contractor and the Subcontractor in reviewing the organization of this Subcontract. No Section or Subsection
heading shall affect, or be otherwise used in construing, interpreting or performing the terms of this Contract.
SECTION 13. INTEGRATION CLAUSE
This Subcontract takes precedence over any and all proposals, correspondence and oral agreements made prior
to the date hereof. This Subcontract includes all changes, addenda and other modifications to date.
SECTION 14. SAVINGS CLAUSE
Should any part of any provision contained in this Subcontract be rendered or declared invalid by reason of any
existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, the remaining
provisions of this Subcontract shall, nevertheless, remain in full force and effect, unless the parts held invalid
are wholly inseparable from the remaining portions of this Contract.
SECTION 15. CHOICE OF LAW
The terms and conditions of the Contract will be interpreted in accordance with the law of the Commonwealth
of Pennsylvania.
SECTION 16. ACCOUNTABILITY FOR DELAYS
Please note that time is of the essence and that the Subcontractor will be held accountable for any delays or
damages which Subcontractor may cause as a result of Subcontractors inability to complete the Subcontract on
time. The Contract Documents for the Project may provide for liquidated damages, if any, as noted on Exhibit
C, attached hereto and incorporated herein by reference. Subcontractor shall be liable for any and all liquidated
damages assessed against the Contractor by the Owner for delays due to the actions or inactions of the
Subcontractor. Subcontractor shall also be liable for any and all actual damages suffered by the Contractor as a
result of said delays.
SECTION 17. EFFECTIVE DATE
The effective date of this Subcontract is intended by both parties to be the date indicated at the beginning of this
Subcontract. The dates appearing by the signatures at the end of this document merely indicate the dates that the
signatures were affixed.
Subcontract Number: 830.012.161 7
EXHIBIT A
SCOPE OF WORK
This Scope of Work includes all required materials, labor, equipment, and any other related appurtenances
for all work covered under this Subcontract Agreement. This Subcontractor is responsible to provide a
competent superintendent on the jobsite to represent your firm at all times you are performing work. This
superintendent shall be thoroughly familiar with the contract documents, your scope of work and shall be
equipped with the necessary project drawings, specifications, submittals and any other information needed
to accurately and timely complete your work.
This Subcontractor is responsible for all field verification, layout, unloading and proper storage of your
materials. Subcontractor shall deliver materials as required to maintain the project schedule. There is no
available storage on the jobsite. If delivery is mandatory prior to installation of the material, this
Subcontractor must provide the required storage facilities. Phased projects should have materials shipped
in phases to coordinate with the project schedule, unless storage facilities are provided by this
Subcontractor.
This Subcontractor is also responsible for daily cleanup of all rubbish, debris and waste and/or surplus
materials resulting from its work and as more specifically stated in Section 4.8 of the Subcontract
Agreement. Subcontractor is responsible for off-site disposal of all associated rubbish, debris and waste
and/or surplus materials unless otherwise stated below.
The Scope of Work of this Subcontract Agreement more specifically includes furnishing and installing all
Electrical work complete and in accordance with the complete contract documents, plans and as specified
primarily in specification section(s) 16000 per drawings, and any related amendments, addendums or
bulletins including, but not limited to the following more specific items of work:
Furnish all labor, material, and equipment to
1. Furnish and install all electrical items and components to do all the electrical work for a
complete and operating system. C'
2. Added to the contract is the work for the Data systems.
3. Added to the contract is the work for the Trenching and Pole Bases for the Site Lighting.
4. Added to the contract is the work for the Trenching and concrete encasement for the
electric and telephone feeders from the street to the building.
5. All of the above includes all necessary equipment for a 400 amp system. Including
conduits, wiring, extra outlets, 250' of 1/2" EMT, and 750' of #12 THHN per
Specifications, as-build drawings, Third Party inspections, Panels, Panelboard Busing in
copper, TVSS devices, fixtures, lamps, switches, occupancy sensors, time clock, photo
cells, contactors, door jamb switch, receptacles, HVAC connections, Equipment
connections, safety switches, door annunciation system, boxes and conduits for fire,
security, data, phone.
6. All excavation, trenching, backfill, concrete encasement is included for all electrical
work.
** END OF EXHIBIT A **
Subcontract Number: 830.012.161 9
EXHIBIT B
SUBCONTRACT PRICE
1. The Subcontract price stated in Section 2.1 of the Subcontract Agreement is based on the following related Base Bids,
Alternates, Bid Items, Option Prices (if selected at date of Agreement), or any other similar separate pricing furnished by
this Subcontractor that have been accepted by the Owner:
Type Number Description
Base Bid 1 Electrical Work
2. Pending Option Prices as of the date of Agreement:
Number Description
N/A
Amount
$94,320.00
Total Subcontract Price $94,320.00
Amount
Note: An executed Change Order is required for any pending Option Prices selected by the Owner/ Contractor after the
date of this Agreement.
3. Allowances included in Subcontract sum stated in Item #1 above:
Number Description Amount
N/A
4. Unit Prices to be used for changes, additions, or deletions to the Scope of Work for this Subcontract Agreement
Number Description Unit Price Unit of
Measure
N/A
Note: An executed Change Order is required for any changes, additions, or deletions to incorporate unit price
changes to the Subcontract sum as accepted and approved by Owner and Contractor.
** END OF EXHIBIT B **
Subcontract Number: 830.012.161
c. Submittals shall be made in the following number of copies:
• Descriptive Data, Catalog Cuts, Certifications, Shop Drawings, and all other
similar submittals- 10 copies
• Samples- 4 copies
• Project Closeout Documents- 4 copies
If Subcontractor does not furnish adequate copies of submittals, Contractor may back charge the
Subcontractor for all costs related to preparing and furnishing the necessary copies.
5. Billing and Payment Procedures:
a. Monthly payment requests must be submitted no later than the 20th of each month, for
work projected to be complete by the end of the month based on an estimated
percentage of completion for each line item on Subcontractor's Schedule of Values.
b. All payment requests must be in AIA format and include documents similar to
Application and Certificate for Payment, AIA Document G702, and Continuation
Sheet (Schedule of Values), AIA Document G703. Sample forms are attached and
may be copied as necessary.
c. As security for the proper completion of the work, 10% retainage must be withheld
from each month's payment request. Subcontractor's completion of all administrative
requirements included in the Subcontract Documents shall be required prior to release
of retained amounts.
d. Contractor will endeavor to make payments for approved monthly payment requests
within fourteen (14) days after payment for said work is received by Contractor from
Owner. Payment cycle from Owner to Contractor is typically 30 to 60 days from
Contractor's invoice date.
e. Certificate of Stored Materials and Bill-of-Sale will be required when payment requests
include values for materials stored in an acceptable off-site location. All off-site
material payment requests must be accompanied by an acceptable certificate of
insurance evidencing coverage in case of loss/damage to the materials. Contractor and
or Owner may require physical inspection of materials prior to approving payment
requests. Such inspection shall not be considered acceptance of the materials.
f. Weekly submission of Payroll Certifications/Reports is required for all Prevailing
Wage/Davis Bacon projects. Sample forms are attached and may be copied as
necessary.
g. Material Supplier Certificate and Waiver of Lien Acknowledgement are required from
each material supplier and all tier subcontractors when accompanying the second pay
application and monthly thereafter for each subsequent payment application. In some
cases, in lieu of Subcontractor furnishing Performance and Payment Bonds, Material
Supplier Certificate and Waiver of Lien Acknowledgements will be required from each
material supplier and all tier subcontractors with all payment requests. Sample forms
are attached and may be copied as necessary.
h. Contractor has the right to enter into Joint Check Agreements, using the Contractor's
Joint Check Agreement form, with the suppliers or any tier subcontractor of this
Subcontractor when it feels necessary to ensure payment to suppliers or any tier
subcontractor. It will be the responsibility of this Subcontractor and their suppliers or
any tier subcontractor to obtain the necessary signatures on the agreements and any
subsequent joint checks. Sample forms are attached and may be copied as necessary.
i. Payment Requests may be returned or payments may be withheld for, but not limited
to, any of the following reasons:
i. Unexecuted Subcontract Agreement.
ii. Non-receipt of proper Insurance Certificates.
iii. Non-receipt of Performance & Payment Bonds, if required.
iv. Non-receipt of Payroll Certifications/Reports, if required.
v. Non-receipt of a complete list of Material Suppliers and all tier
Subcontractors
Subcontract Number: 830.012.161 13
** END OF EXHIBIT C **
Subcontract Number: 830.012.161 15
EXHIBIT E
INSURANCE
The subcontractor shall purchase insurance as described below in a company or companies properly
licensed to do business in the Commonwealth of Pennsylvania and acceptable to the Contractor. Coverages
shall be kept in force without interruption from date of commencement of the work until date of final
payment and termination of any coverage required to be maintained after final payment. The minimum
amounts of insurance coverage to be provided by Subcontractor under the Subcontract Agreement shall be
the greater of the amounts required by law, the Contract Documents and the following minimum limits:
Workers' Compensation
Statutory coverage and amounts as required by the Commonwealth of Pennsylvania.
Employer's Liability
$100,000 each accident
$500,000 disease policy limit
$100,000 disease each employee
Commercial General Liability including Premises and Operations, XCU covering explosion, collapse and
underground hazards, Independent Contractors Protective, Products and Completed Operations, Blanket
Contractual Liability, Personal Injury and Broad Form Property Damage.
Bodily Injury and Property Damage Combined
$1,000,000 each occurrence
$2,000,000 general aggregate
$2,000,000 products/completed operations aggregate
$1,000,000 personal and advertising injury
The General Aggregate limit shall apply on a per project basis.
Contractual Liability insurance shall cover the subcontractor's obligations under the Indemnification
agreement included herein.
"All Risk" Installation Floater Insurance: The full amount of the subcontract price, with a maximum
deductible of $5,000 per occurrence.
Products and Completed Operations coverage shall be extended to Additional Insureds and shall be
maintained with the same limits as above for one (1) year commencing with final acceptance and payment
by the contractor.
Comprehensive Automobile Liability including coverage for owned, hired and non-owned vehicles.
Bodily Injury and Property Damage Combined Single Limit
$1,000,000 each accident
Umbrella Liability
Bodily Injury and Property Damage Combined Single Limit
$1,000,000 each occurrence
$1,000,000 general aggregate
$1,000,000 products/completed operations aggregate
All liability insurance required hereunder shall be written on an "occurrence" basis and shall name the
Contractor, Owner and Architect as Additional Insureds on a primary and nor,-contributory basis. (Attach a
copy of the Additional Insured endorsement to the certificate of insurance.)
Subcontract Number: 830.012.161 17
Acknowledgement of Receipt of Contract Documents
The undersigned acknowledges receipt of the following contract documents for the
project commonly referred to as Members 1s` Federal Credit Union - Carlisle
• Complete Project Manual / Specifications including General Conditions,
Supplemental Conditions, and any Special Requirements or as listed otherwise in
Exhibit C.
• Complete Set of Plan Drawings or as listed otherwise in Exhibit C.
• Addendums, Amendments, Bulletins and/or Clarifications listed in Exhibit D
CM Squared, Inc.
_-L? l tom
(Signature) (Date)
(Printed Name and Title)
Please return one executed copy of this acknowledgement along with your executed
Subcontract Agreement
Subcontract Number: 830.012.161 19
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r
CM_Lquared, Inc.
Lighting Design Er Installation • Full Service Electricians
21 May 09
Members 1St Federal Credit Union
5000 Louise Dr.
P.O. Box 40
Mechanicsburg, PA 17055
Dear Owner:
VIA CERTIFIED AND FIRST CLASS MAIL
RE: FORMAL NOTICE OF MECHANIC'S LIEN CLAIM
Members I" FCU, Lot #8, Carlisle Crossing, Carlisle, PA 17013
Please be advised that this office, CM Squared, Inc., served as an Electrical Subcontractor to the
General Contractor (GC), eciConstruction, LLC, on the new construction of the bank branch
building located at the above referenced address.
CM Squared, Inc. is currently owed the principal amount of $9,894.03 for supplying and -
installing the electrical system for the entire building and property as per contract and executed
change orders.
CM Squared, Inc. completed its work on the project on 5 Jan 09. We have subsequently returned
to the site, as requested, to complete warranty work in good faith.
This letter constitutes our formal notice to you of CM Squared's intent to file a mechanic's
lien claim on the above-referenced property if not paid the full principal amount.
Sincerely,
Christian D. Malesic
President / CEO
Cc: VIA CERTIFIED AND FIRST CLASS MAIL
• General Contractor: eciConstruction, LLC, 124 West Church St., PO Box 459,
Dillsburg, PA 17019-0459
• Owner Local Address: Members 1St FCU, Attn: Branch Manager, Carlisle Crossing,
Carlisle, PA 17013
Service Disabled Veteran Owned Small Business
4411 Linglestown Road • Harrisburg, PA 17112-9524
phone: (717) 545-1056 • fax: (717) 545-1173 • email: designinfc)@crosquared.com
www. X am
The CM' Standard: When Quality Is The Only Choice.
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1. Article Addressed to:
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If YES, enter delivery -address below: ? No
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? Registered . WReturn Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7008 2810 0001 6234 02848
i (transfer from service /abf
PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1540
¦ 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
eC)l Cb-?SKuc r(y) ?A-C.
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115??u PA 1r7U )q- 6gS,9
HARRISBURG PA 17-1
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3. Service Type
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? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7008 2810 0001 6234 0253 3
(rransfer from service lab >
PS Form 3811, February 2004 Domestic Return Receipt102595-o2-M-154o
¦ 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 cans to the back of the mailpiece;
or on the front if space permits.
1. Article Addressed to:
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4. Restricted Delivery? (Extra Fee) ? Yes
3. Service Type
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? Registered F-keturn Receipt for Merchandise
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2. Article Number
(transfer from service label) 7008 2 810 0001 623q 0277 7
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
CMS oared, Inc.
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Lighting Design Er Installation • Full Service Electricians
O P? 21 May 09
5 Jun 09 (Amount Updated)
Members 1St Federal Credit Union VIA CERTIFIED AND FIRST CLASS MAIL
5000 Louise Dr.
P.O. Box 40
Mechanicsburg, PA 17055
RE: FORMAL NOTICE OF MECHANIC'S LIEN CLAIM (Amount Updated)
Members 1st FCU, Lot #8, Carlisle Crossing, Carlisle, PA 17013
Dear Owner:
Please be advised that this office, CM Squared, Inc., served as an Electrical Subcontractor to the
General Contractor (GC), eciConstruction, LLC, on the new construction of the bank branch
building located at the above referenced address.
CM Squared, Inc. is currently owed the principal amount of-$4b79.76.for supplying and
installing the electrical system for the entire building and property as per contract and executed
change orders. Please note, this notice does not replace the previous Formal Notice of
Mechanic's Lien Claim which was sent (and received) certified mail, return receipt requested
and regular mail on 21 May 09, it merely reflects a recent payment in the amount of $5,214.27
via check # 341158 received today, 5 Jun 09.
CM Squared, Inc. completed its work on the project on 5 Jan 09. We have subsequently returned
to the site, as requested, to complete warranty work in good faith.
This letter constitutes our formal notice to you of CM Squared's intent to file a mechanic's
lien claim on the above-referenced property if not paid the full principal amount.
Sincerely,
,?
Christian D. Malesic
President / CEO
Cc: VIA CERTIFIED AND FIRST CLASS MAIL
• General Contractor: eciConstruction, LLC, 124 West Church St., PO Box 459,
Dillsburg, PA 17019-0459
• Owner Local Address: Members 1st FCU, Attn: Branch Manager, 321 York Rd., Carlisle,
PA 17013
Service Disabled Veteran Owned Small Business
4411 Linglestown Road • Harrisburg, PA 17112-9524
phone: (717) 545-1056 • fax: (717) 545-1173 • email: designinfo@crosquared.com
www. "` . com
The CM' Standard: When Quality Is The Only Choice.
(Domestic Mail Only ; No Ins urance Co verage Provided)
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1. Article Addressed to:
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3. Service Type
Certified Mail__ ? Express Mail
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4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(transfer from service label)'7009 a(y Q ;0 000/ 6 R? 03/V
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
¦ Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece, B ived by (Printed IV C. Date of E
or on the front if space permits. $'
1. Article Addressed to:
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4- RastrirNorl r1cli,.n n is r__1
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PS Form 3811, February 2004
¦ Complete items 1, 2, and 3. Also complete
item 4 if RestrictedDelivery Is desired.
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so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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PS - For - m 3811, February 2004 Domestic Return Receipt l?
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CM Squared, Inc.
I CLIENT:
CM Squared, Inc.
4411 Linglestown Rd.
Harrisburg, PA 17112-9524
(717) 545-1056
www_crosquared.com
ECI Construction LLC
124 West Church St
P.O. Box 459
Dillsburg, PA 17019-0459
Retainage Invoice
INVOICE # DATE
90606 6/5/2009
PROJECT Po # COMPLETE DATE
Members 1st FCU 830.012.161 830.012.161 1/5/2009
REFERENCE DESCRIPTION OF WORK AMOUNT
Retainage Retainage as per Contract 9,429.85
The CM Squared Standard - When Quality is the Only Choice! LRetainage Due $4,679.76
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Part -of Cumberland County Tax Parcel No. 40-08-0575-0001
DEED
MADE THE day of March, 2008,
BETWEEN AFC WASHCO - CARLISLE CROSSING, LP, a Pennsylvania Limited
Partnership, hereinafter referred to as:
Grantor,
and MEMBERS 1sT FEDERAL CREDIT UNION, a Federally Chartered Credit
Union, hereinafter referred to as:
Grantee,
In consideration of One Dollar ($1.00), the receipt whereof is hereby
acknowledged, the Grantor does hereby grant and convey to the Grantee, its
successors and/or assigns:
ALL that certain piece or parcel of ground situate in South Middleton Township,
Cumberland County, Pennsylvania as follows, to wit:
BEGINNING at a point on the western line of Westminister Drive, Township Road No.
456 at the common corner of Lot No. 7, said point being the northeastern corner of
the lands described herein; thence from said point of beginning and along the
aforementioned Westminister Drive, South 32 degrees 55 minutes 13 seconds West
254.10 feet to a point; thence along the some, by an arc to the left having a radius
of 1030.00 feet and a length of 34.64 feet to a point at the beginning of an arc
which connects the aforementioned right of way line with the northern right of way
line of York Road, State Route 0074, said arc to the right having a radius of 80.00
feet and a length of 121.60 feet to a point; thence along said northern line of York
Road, North 61 degrees 55 minutes 01 seconds West 80.29 feet to a point; thence
along the same North 27 degrees 37 minutes 00 seconds East 31.18 feet to a point;
thence along the some, North 62 degrees 23 minutes 00 seconds West 73.97 feet to
a point at lands now or formerly of Mark M. Mullen; thence along said lands of Mark
M. Mullen, North 29 degrees 36 minutes 16 seconds East 278.30 fleet to a point at
lands now or formerly of James J. Stoy; thence along said lands of James J. Stoy
North 28 degrees 57 minutes 46 seconds East 76.03 feet to a point at the
aforementioned Lot No. 7; thence along Lot No. 7 South 57 degrees 05 minutes 00
seconds East 250.51 feet to a point on the western line of Westminister Drive at the
1122571.2
place of BEGINNING.
CONTAINING 1.977 acres.
BEING Lot No. 8 of the Subdivision and Land Development Plan for Carlisle Crossing,
South Middleton Township, Cumberland County, Pennsylvania dated September
27, 2004, and last revised October 19, 2004, recorded April 18, 2005 in Plan Book 90,
Page 108.
BEING part of the same premises which Albert John Blair, III and Edmund Stanton
Blacksmith, Successor Trustees of the Blacksmith Living Trust dated November 7,
1991 and Albert John Blair, Ill, Edmund Stanton Blacksmith, Gary List Blacksmith, Jr.
and John Michael Blacksmith, conveyed by Deed dated April 13, 2005, which
Deed was recorded April 20, 2005 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book 268, Page 2401 to the Grantor
herein.
UNDER AND SUBJECT to easements, conditions and restrictions of record, including
the Operation and Easement Agreement between Kohl's Pennsylvania, Inc., Target
Corporation, Inc. and Washco-Carlisle Crossing LLC dated April 14, 2005 and
recorded in April 20, 2005 in Misc. Book 716, Page 4285 and the Agreement
between South Middleton Township and Washco-Carlisle Crossing LLC for Final
Approval dated February 9, 2005 and recorded in Misc. Book 715, Page 659.
TOGETHER WITH AND SUBJECT to the terms of the Cross-Access Easement
Agreement and Sign Easement Agreement between AFC Washco-Carlisle Crossing,
LP and Members 1st Federal Credit Union of even date herewith and to be
recorded.
1122571.2
AND the said Grantor hereby covenants and agrees that they will warrant specially
the property hereby conveyed.
IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and
year first above written.
SIGNED SEALED AND DELIVERED
N THE PRESENCE OF:
???4z-_p 'A yz?
AFC WASHCO - CARLISLE CROSSING, LP
By: Washco-Carlisle Crossing, LLC, its sole
Gener Partner
By: (SEAL)
Arthur Fe#e an, President
STATE OF NEW YORK
COUNTY OF ?-
ss.
)
On this, the Q ! 'Y\- day of March, 2008, before me a Notary Public, the
undersigned officer, personally appeared Arthur Fefferman, who acknowledged
himself to be the President of WASHCO-CARLISLE CROSSING, LLC, which is the sole
general partner of AFC WASHCO-CARLISLE CROSSING, LP, a limited partnership,
and that he as such President, being authorized to do so, executed the foregoing
instrument for the purposes therein contained by signing the name of the general
partner of the limited partnership by himself as President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. y
JESSICA RAMOS
Notary Public • Stat 1 N Y
No. OliiA6169426 ew ork - i?y`4" t a a' w
QWilled in M us County 1@&y Public
M Comm. Expire i Jun. 25 2011 ,{
I hereby certify that the precise residence and complete post office apress
of the within Grantee is 5000 Louise Drive, Mechanicsburg, Pennsyiva 'a 17055.
y for Grantee
15225;1.2 3 A00i
REV-183 ex 112.891
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
B RE
REALTY TRANSFER TAX
STATEMENT OF VALUE
USE ONL
6V
U AU OF INDIVIDUAL TAXES •'•-^•^^•--^
DEPT. 280603 See Reverse for Instructions DATE RECORDED
HARRISBURG, PA 17128-0603 / / .rte i n
Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed is
without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on:
(1) family relationships or (2) public utility easement. If more space is needed, attach additional sheetfsl-
Name Telephone Number:
Erik M. Hume, Esq. McNees Wallace & Nurick LLC Area Code (717 )237-5213
_
Street Address City State Zip Code
100 Pine Street, P. O. Box 1166 Harrisburg PA 17108
Date of Acceptance of Document
AFC WASHCO - CARLISLE CROSSING, LP Members 151 Federal Credit Union
Street Address Street Address
C/o AFC Realty Capital, Inc., 111 West 57th Street, Suite 5000 Louise Drive
%?Ity State Zip Code City State Zip Code
New York NY 1 DO19 Mechanicsburg PA 17055
Street Address City, Township, Borough
201 Westminster Drive South Middleton Township
County School District Tax Parcel Number
Cumberland Carlisle Part of 40-08-0575-001
1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration
$1,400,000.00 N/A $1,400,000.00
4. County Assessed Value 5. Common Level Ratio Factor 6. Fair Market Value
See Schedule A 1.22 See Schedule A
I a. Amount of Exemption Claimed 1 b. Percent of Interest Conveyed
0 100%a
2. Check Appropriate Box Below for Exemption Claimed
? Will or intestate succession
(Name of Decedent) (Estate File Number)
Transfer to Industrial Development Agency.
? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
Transfers to the Commonwealth, the United States, and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
(If condemnation or in lieu of condemnation, attach copy of resolution.)
Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number Page Number
? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
? Statutory corporate consolidation, merger or division. (Attach copy of articles.)
? Other (Please explain exemption claimed, if other than listed above.)
Under penalties of law, I declare all have examined this Statement, Including accompanying information, and to the best of my knowledge
and belief, it is tru act d c mplete.
Signature on, nt ponsible Party Date
(SEE REVERSE)
SCHEDULE A
TO REALTY TRANSFER TAX STATEMENT OF VALUE
Grantor: AFC WASHCO - CARLISLE CROSSING, LP
Grantee: MEMBERS 1St FEDERAL CREDIT UNION
D. Valuation Data
4. Tax Parcel No. 40-08-0575-001 covers a tract of land containing 41.19 acres
(the "Parent Tract"). The attached deed conveys title to a portion of the Parent Tract
containing 1.977 acres of land, without any improvements ("Lot 8").
Therefore, the assessed value of Lot 8 is calculated as follows:
$4,900,000 (land value) x 1.977 acres = $235,200.00
41.19 acres
6. The fair market value of Lot 8 is calculated as follows:
$235,200 x 1.22 (common level ratio) = $286,944.00
{A838167:1 }
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200810572
Recorded On 4/4/2008 At 10:57:32 AM
* Instrument Type - DEED
Invoice Number - 17967 User ID - KW
* Grantor - AFC WASHCO-CARLISLE CROSSING LP
* Grantee - MEMBERS 1ST FEDERAL CR UN
* Customer - COMMUNITY SETTLEMENT
* FEES
STATE TRANSFER TAX $14,000.00
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $12.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
SOUTH MIDDLETON $7,000.00
SCHOOL DISTRICT
SOUTH MIDDLETON $7,000.00
TOWNSHIP
TOTAL PAID $28,039.50
* Total Pages - 6
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
Cp Ctlry@ ,O
RECORDER /O ZDS
f75Q
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
III I
OF 7-;!;-: 20un9 JUN 29 .=u
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3d 7-3 /0
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff 40 of cumbrr??
Ronny R Anderson
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Jody S Smith
Civil Process Sergeant F'-1E "I-E `rER'fr
Edward L Schorpp
Solicitor
CM Square, Inc.
vs.
eciConstruction, LLC
Case Number
2009-4373
SHERIFF'S RETURN OF SERVICE
07/06/2009 03:30 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 6,
2009 at 1530 hours, he served a true copy of the within Mechanics Lien Claim, upon the within named
defendant, to wit: Members 1st FCU, by making known unto Becky Marshall, Risk Management Officer at
5000 Louise Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same
time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.00
July 07, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
-IDeputy Sheriff
C
James R. Clippinger, Esquire
Attorney I.D. #07159
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
jclippinger@caldwellkeams.com
Attorney for CM Squared, Inc.
CM SQUARED, INC.,
Claimant
V.
MEMBERS 1sT FEDERAL
CREDIT UNION,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-4373 MLD
: MECHANICS' LIEN
PRACEIPE
Please mark the above action settled and discontinued with prejudice.
Dated:
Respectfully submitted,
CALDWELI, & KEARNS
By:
James . Cl roger, Esquire
Attorne 07159
3631 N h Fr nt Street
Harrisbu e nsylvania 17110
(717) 232-7661
jclippinger@caldwellkeams.com
Attorney for CM Squared, Inc.
OF 7PE
.Y
20x19 Jf' 24 Ppj : I
* 8.oo Po ATT%4
?? aasyoc?
CERTIFICATE OF SERVICE
AND NOW, thi§/ tiay of July 2009, I hereby certify that I served a copy of
the foregoing document upon the person(s) and in the manner indicated below, by depositing a
copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage,
prepaid, as follows:
Thomas O. Williams, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011
By:
03860-003/151248
OF THE MOOT' "NOTARY
2009 JUL 24 x'39 1: 14,
CU?r9_`_- - .w JNTY
James R. Clippinger, Esquire
Attorney I.D. #07159
3631 North Front Street
Harrisburg, Pennsylvania 17110
(717) 232-7661
jclippinger@caldwellkeams.com
Attorney for CM Squared, Inc.
CM SQUARED, INC.,
Claimant
V.
MEMBERS 1ST FEDERAL
CREDIT UNION,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-4373 MLD
: MECHANICS' LIEN
PRAECIPE TO STRIKE
Please strike and remove the Mechanics' Lien in accord with the Praecipe to Discontinue
with Prejudice which was filed July 24, 2009.
Dated: 7 2 ?LO ?
Respectfully, submitted,
By:
James li er, uire
Attorn
e D. 07 59
3631 No Fro treet
Harrisbur , Pennsylvania 17110
(717) 232-7661
jclippinger@caldwellkeams.com
Attorney for CM Squared, Inc.
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