HomeMy WebLinkAbout09-6341IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
RICHARD E. KRALL, INC.
CLAIMANT
vs. :
JAMES G. KNISELY AND NO. ?? 3 y M kZ
CAROLINE L. KNISELY
OWNER
and
MILLER & NORFORD, INC.
CONTRACTOR
MECHANICS' LIEN CLAIM
In compliance with the requirements of the Pennsylvania Mechanics' Lien law of
1963, 49 P.S. Section 1503, Richard E. Krall, Inc. (the "Claimant") files this Mechanics'
Lien Claim against certain property of James G. Knisely and Caroline L. Knisely, husband
and wife ("Owner") situate in East Pennsboro Township, Cumberland County, having a
street address of South Enola Drive, and more particularly described in the legal
description attached hereto as Exhibit "A" (the "Property"), whereof the following is a
statement of its claim:
1. The name of the Claimant is Richard E. Krall, Inc., a Pennsylvania corpora-
tion having a place of business at 60 Yeager Road, Rossville, York County, Pennsylvania.
2. The name of the owner of the Property at the time of the furnishing of labor
and services and the attaching of this lien is the aforesaid James G. Knisely and Caroline
L. Knisely ("Owner"), having an address at 3822 Pamay Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. The name of the person to whom Claimant furnished materials it, the
aforesaid Miller & Norford, Inc. ("Contractor"), a Pennsylvania corporation having a place
of business at 700 Ayers Avenue, Lemoyne, Pennsylvania 17043. Contractor is a general
contractor who contracted directly with the Owner.
4. Pursuant to a written subcontract with the Contractor, Claimant acted as a
subcontractor to Contractor, furnishing labor and materials incidental to the erection and
construction of the Knisely Garden Center on the Property. A true and correct copy of the
Subcontract, dated August 21, 2008 (the "Subcontract"), entered into between Claimant
and Contractor is attached hereto as Exhibit "B" and incorporated herein by this reference.
5. The labor and materials provided by Claimant consisted of: site grading and
excavation (including foundations), curb excavation and backfill, holding tank, sanitary
sewer, and meter pit for water. The exact nature and description of such labor and
2
material is specifically set forth in the Claimant's proposal letter, dated July 3, 2008, which
is included as part of the Subcontract.
6. The amount still owing by the said Contractor to Claimant is $35,011.00
together with lawful interest thereon from May 29, 2009. The amount owing to Claimant is
the total amount making up the usual, just and reasonable charges for the labor and
materials provided by Claimant to Contractor for the Property and is the contract ,price
agreed to be paid to Claimant by the said Contractor.
7. The said labor and materials were furnished by Claimant to the Property at
various times commencing in August, 2008. The last of the labor performed, or materials
furnished, to the Property was provided by Claimant on March 31, 2009.
8. Claimant has made repeated demand upon said Contractor for the payment
to Claimant of the balance owing by Contractor, but Contractor has refused to comply
therewith.
9. Pursuant to the requirements of the Pennsylvania Mechanics' Lien law of
1963, 49 P.S. Section 1501 (b), Claimant has served written notice upon each of the, said
Owners of the Property of Claimant's intention to file a mechanics lien claim, which notice
was dated August 12, 2009, and was sent by first class mail to each Owner more than
thirty (30) days before the filing date of this Claim. A true and correct copy of said written
notice, together with affidavit of service, is attached hereto as Exhibit "C" and by this
reference are incorporated herein.
3
WHEREFORE, Claimant claims to have a lien against the fee simple interest of the
aforesaid Owner of the Property described in Exhibit "A" hereto, together with all
improvements erected thereon, in the amount of $35,011.00 together with lawful interest
thereon from May 29, 2009.
Respectfully submitted,
KAGEN, acDONALD FRANCE, P.C.
By: " ??-
George E. MacDonald, Esq.
2675 Eastern Boulevard
York PA 17402
(717) 757-4565
PA Atty ID No. 28007
ATTORNEY FOR PLAINTIFF
4
VERIFICATION
The undersigned, STEVEN R. KRALL, as President of RICHARD E. KRALL, INC.
the within Plaintiff, hereby verifies that the statements made in the foregoing Mechanics
Lien Claim are true and correct. I understand that false statements herein are subject to
the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsi5c ation to authorities.
Steven R. Krall
Date: `7 D
l
?X?,,b??-?"
el
TIHS DE E a
St N
Made the day of June, 2004, w
BETWEENFAE X MASLOWSIG and TOM MASLOWSKI, husband ' a
and wife, of Cumberland County, Pennsylvania, Parties ofthe First Part, hereinaftem T cn
designated as the GRANTORS,
AND
JAMES G. EMSELY and CAROLINE L. EMSELY, husband and
W*9 of Cumberland County, Pennsylvania, Parties of the Second Part, hereinafter
designated as the GRANTEES.
WITNESSETH, that the Grantors for and in consideration of TWO HUNDRED
TWENTY-FIVE THOUSAND FIVE HUNDRED and 00/100 ($225,000.00) Dollars, lawful
money of the United States of America, to the Grantors in hand well and truly paid by the Grantees,
at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged
and the Grantors being therewith fully, satisfied, do by these presents grant, bargain, sell and convey
unto the Grantees forever.
ALL THAT CERTAIN but of land situate in East Pennsboro Township,
Cumberland, Pennsylvania, being known and numbered as Lot No. 2 on the Resubdivision plan of
Lots 2 and 4 for Lands of Hempt Brothers, Inc, - Route 11 & 15, said Plan being recorded in the,
Office ofthe Recorder ofDeeds in and for Cumberland County, Pennsylvania in Plan Book 59, Page'.
144 and also known as Lot No. 2 on the plan titled "Declaration to Release, Terminate and
Extinguish an Easement on Lots 2 and 4 Owned by Kenneth R. Snyder, Jr. and Debra D. Snyder",
prepared by Brehm-Lebo Engineering, Inc., dated October 22, 1998 and recorded in the Office of
the Recorder ofDeeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12,
Page 38, being more particularly bounded and described as follows, to wit:
BEING at a point on the Western right-of-way line of South Enola Drive (S. R. 0011)
at the Northeast corner of Lot No. 4 on the above referenced plan; thence along said Lot No. 4 North
84 degrees 39 minutes 55 seconds West, 135.00 feet to an iron pin set at a point at other lands of the
BOOK 263 PACE3488
64
Grantors herein; thence along said last mentioned lands North 05 degrees 20 minutes 05 seconds
East, 263.15 feet to an iron pin set at a point along the Southern right-of-way line of prospect
(private street); thence along said Southern right-of-way line of Proy to Drive
(3) courses and distances: (1) by a curve to the left having a radius of 265 0t Drive the f three
52.34
0 eet,adisstanceeoofg
feet, the chord of which is South 79 degrees 00 minutes 24 seconds East, 52.26 feet to a
(2) South 84 degrees 39 minutes 55 seconds East, 53.00 feet to a point; thence (3) by ?my o the
right having a radius of 30.00 feet, a distance of 47.12 feet, the chord of which is South 39 degrees
39 minutes 55 seconds East, 42.43 feet to a point along the Western right-of-way line of South Enola
Drive (S.R. 0011) ; thence along the Western right-of-way line of South Enola Drive (S.R. 001 ?1)
South 05 degrees 20 minutes 05 seconds West, 228.00 feet to a point, the Place of BEGINNING.
UNDER AND SUBJECT, nevertheless, to the Declaration to Release, Terminate
and Extinguish Easements originally recorded in the Office of the Recorder of Deeds in and fqr
Cumberland County, Pennsylvania in Miscellaneous Book 596, Page 482, as modified and amended
in Miscellaneous Book 607, Page 217.
BEING THE SAME premises which Kenneth R. Snyder, Jr. and Debra D. Snyder,
by her attorney-in-fact, Kenneth R. Snyder, Jr, under a Power of Attorney dated March 3, 1999, by
their deed dated April 27, 1999 and recorded April 28, 1999 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania in Deed gook 198, Page 346, granted and conveyed
unto Fat K Maslowski. Tom Maslowski joins in this deed to convey any marital interest he may
have acquired.
TOGETHER with all and singular the buildings, improvements, ways, woods,
waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same
belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders,'
rents, issues and profits thereof, and of every part and parcel thereof; AND
right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both'.
equity, of, in and to the premises herein described and every part and parcel thereofwith the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described
together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use
and benefit forever.
AND the Grantors covenant that, except as may be herein set forth, they do and will
forever specially warrant and defend the lands and premises, here&taments and appurtenances
hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim
the same or any part thereof, by, from or under it. them or any of them.
BQOx 263 FACE3489
In all references herein to any parties, persons, entities or corporations, the use of any
particular gender or plural or singular, number is intended to include the appropriate gender or
number as the text of the within instrument may require.
Wherever in this instrument any party shall be designated or referred to by name or
general reference, such designation is intended to and shall have the same effect as if the words
"heirs, executors, administrators, personal or legal representatives, successors and assigns"had beds
inserted after each and every such designation.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the
day and year first above written.
WITNESS:
.-
Rae K
Maslow
Tom Maslowski
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ,
)SS.
BE IT REMEMBERED, that on
P2004 ersonally appeared Fae IC. Maslowski and Tom Maslowsk1' husband and wif a the subscriber
(or satisfactorily proven to be the ? known to me
persons whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
WITNESS my hand and seal the day and year aforesaid.
NOTARIAL SEAL
JWY GOLDRM, Notary Pubttc
??yy of Hal o, D&4& Gq» PA
NyDDanmission bores Nov. A 2005
Public
BOOK 263 PAUE3490
I HEREBY CERTIFY that the precise residence of the Grantees is:
-3yZ.Z p?•?vi Qn?
Attornfo antors/Grantees
Cumberland County Recardet of
Instro nt Filing
ReceiPtl 503701
Instri 2004-024847 6/23/2004 11.1125
Remarks: MID-PEN
KNISELY
DEED 11.50
DEED - WRIT .50
DEED - RTT STATE 2250.00
EAST PEN1 ORO 1125.00
EAST PENRSW TVP 1125.00
DEED - ON 11.50
J.C.S. / A.T.J. 10.00
CO IMPUENENT FAD 2.00
RFC. I"UNT FUND 3.00
o be recorded Check# 8759
Dvck# 8760 463.00
$.50
d County PA
Y Cheeky 8761
ChedA REF 2
00 ,250.00
:.• :..+;?-? ?`?- .
Total Received....... 1125.00
1538.50
Recorder of Deeds
WK 263 eACE349i
?V, gab;+ 6
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A401
SUBCONTRACT
Standard Form of Agreement Between
Contractor and Subcontractor
1978 Edition
Use with the latest edition of the Appropriate AlA Document as follows:
A101, Owner-Contractor Agreement - Stipulated Sum
A107, Abbreviated Owner-Contractor Agreement With General Conditions
A111, Owner-Contractor Agreement - Cost phis Fee
A201, General Conditions of the Contract for Construction
Tim DocummdENr HAS IINPORTANT LEGAL CONsEm NCEs; CUNsULTAnoN WITH
AN ATTORNEY IS ENCOURAGED WrrR RESPECT TO US COMPLETION OR MODWEA77ON
Thb dma.m. Im boo eppmvW and adored by Ox Amarian 8abcorltrmm Anociauai
and da Aaoockw 9pociaby Coneaelae. Inc.
AGREEMENT
Made as of the 21st day of AUGUST in the year Two Thousand Eight
BETWEEN the Contractor: MILLER & NORFORD, INC.
700 Ayers Avenue, Lemoyne, PA 17043
and the Subcontractor: RICHARD E. KRALL, INC.
60 YEAGER ROAD, P.O. BOX 59
ROSSVILLE, PA 17358
The Project: KNISELY GARDEN CENTER
19 NORTH ENOLA DRIVE
ENOL.A PA. 17025
The Owner: KNISELY LAND SCULPTING
3822 PAMA.Y DRIVE
MECHANICSBURG PA. 17055
The Architect/Lngtneer WMGEROD AND MACAVOY ARCHITECTS P.C.
2223 NORTH SECOND STREET
HARRISBURG PA. 17110
The Contractor and Subcontractor agree as set forth below.
CopyrW 191S,1925.1937.1951.1955, 1961.1963.1966,1967. 1972, 1979 by 9re AwArlmn 1"01M of ArchrmoK 1735 NOW
Yak AVaa1c, N.W., Wasbhlpoa, O.C. 20006. Ra?rodootioa of Etc aalecriat Maain a aObalaatial quotation of i! pmvitioe0 vrld10?1
ATA DOCUMENT A401, CONTRA CTOR AOREIIIIdENT . E1.EV*nN EDMON , APRM 1978. AIA
AND 1973. THE AMMUCAN 1N3rrrV`rK OV ARCWiTOCT& 1775 NSW YOM AVE.. N.W. WASI NOTON. D.C. 20006
4-
ARTICLE 1
THE CONTRACT DOCUMENTS
1.1 The Contract Documents for this Subcontract consist of this Agreement and any Exhibits attached hereto, the Agreement
between the Owner and Contractor dated as of July 11 to 2008 , the Conditions of the Contract between the
Owner and Contractor (Genaml, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda
issued prior to and all Modifications issued after execution of the Agreement between the owner and Contractor and
agreed upon by the patties to this Subcontract. Thcse form the Subcontract, and axe as fully a part of the Subcontract
and are as fully a part of the Subcontract as if attached to this Agreement or repeated herein.
1.2 Copies of the above documents which are applicable to the Work under this Subcontract shall be furnished to the
Subcontractor upon his roquest. An enumeration of the applicable Contract Documents appears in Article 15,
ARTICLE 2
WIN WORK
2.1 The Subcontractor shall perform all the work required by the Contract Documents for:
(Hato lawns a fmcbe docrW" or da Work oovired by No Suboontroot mud tcftr to numbers of Dmvinp and Pago of Spocifloo*m inclodina Addends,
Moditiead" and weepted AlUmfoa)
All labor, materials de equipment to complete the following scope of Work in accordance with the Plans
Specifications and Addeadttma as detailed under Article 15.2 of this Subcontract and per your Proposal
Dated .Tully 3rd 2008 attacked as part of this subcontracts
Erosion control:
Site grading and excavation including foundations
Stone under slab and sidewalks
Catrb excavadon and backfill
Holding tank
Sanitary Sewer
Water service, Including meter pit for 6" service paving
Reek excavation at 220 per c.y.
Per aftebed Scope dated July 0 2008
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLBTTON
3.1 The work to be performed under this Subcontract shall be commenced as scheduled with the Job Superintendent and
subject to authorized adjustments, shall be substantially completed not later than as scheduled by the Job Super-
intendent.
(Ilona heat tla pane proviriote sat ate appliradtle to adr Subtaaawt inch ft any Inlbnnsdon pms inft to nodes ro proceed or odw motbod or
ntodNication far owune oematt of Wo& stating and cornpktion deter, or dwrAon, and arty pm*1w ter N"dsted damw relsytts to &#= to complete
on time.)
3.2 Time is of the esacncc of this Subcontract.
3.3 No extension of time will be valid without the Contractor's wr ttcn consent after claim made by the Subcontractor
in accordance with Paragraph I L 10.
ARTICLE 4
THE CONTRACT SUM
4.1 The Contractor shall pay the Subcontractor in current funds for the performance of the Work, subjoct to additions and
deductions authorized pursuant to Paragraph 11.9, the Contract Sum of ---ONE HUNDRED AND FORTY-SEVEN
THOUSAND,SIX HUNDRED AND EIGHTY-ONE DOLLARS AND --------------------________. ?....-.?.
---------------------------------------------00/100 Dollars (5147,681.00) Tax Included.
Contract determined as follows:
(smte here rho bssa bid or W= hang sin a ymK mcmud atxmatcs, and unit prim as sppflaabla)
RICHARD R..KRALL, INC.
-2-
ARTS s
PROGRESS PAYMENTS
5.1 The Contractor shall pay the Subcontractor monthly progress payments in accordance with Paragraph 12.4 of this
Subcontract.
5.2 A.pplicationa for monthly progress payments shall be in writing and in accordance with Paragraph 11.8, shall state the
estimated percentage of the Work in this Subcontract that has been satisfactorily completed and shall be submitted to the
Contractor on or before the Twenty-Fifth (25th) day of each month,
(Here laWt doutM on (t) paymmtproaedtaoa and doto ofmo uhly adptltatI^ of oaor procedure if on other than a vocaddy bndg, (2) the bash on which
paymhmt win be mach an wooem of matoriah and egaip w t subW stwW at do she or Mher location agreed q m In writing, and (3) any provisions
conalatehtt with the cefftet Dooamants for lhwns or rodnetng ohs ftMQWht rotahrod NOW OW Work tarelhea a wrMln stage ofegrrpletan,)
Monthly Payment Request most be submitted on the AIA Document 0702 Application and Certificate for
Payment (copy attachoo no later than the daft a fated above. Ten Percent (10%) Retatnagt wip be held
on all payments. Failure to comply will cause immedlate rejection of the payment request.
5.3 When the Subcontractor's Work or a designated portion thereof is substantially complete and in accordance with the
Contract Documents, the Contractor shall, upon application by the Subcontractor, modes prompt application for payment
of ouch Work Within Thirty (30) days following issuance by the Architect of the Certificate for Payment covering @00h
substantially completed Work, the Contractor shall, to the fall extent provided in the Contract Documents, make payftnt
to the Subcontractor of the entire unpaid balance of the Contract Sum or of that portion of the Contract Sum attributable
to the substantially completed Work, loss any portion of the naiads for the Subcwtttraetor a Work withheld in aecordan'cewith the
Certificate to cover costs of items to be completed or corrected by the Subcontractor.
(Delcm the obove Paragraph if the Coegact Dootanents do ant provide Rv, and dw 9aheonoutot apron to forego, raleaae ormt&Mw for the 9obeonhaelaft
Work prior to con>pedon of rho axho Prajact.)
5.4 Progress payments or final payment due and unpaid under this Subcontract shall bear interest from the date payment is
due at the rate entered below or, in the absence thereof, at the legal rate prevailing at the place of the Project,
(Here insert any not of iatmaµ alpood up(n.)
NIA
(u)sury laws and ragpiloatoab ardor the Fadoml Truth in L@ndins Aoi, strata mm and bml eouww ewdit law p and occur mgnWim ai fro Owmez6
Cathaetery acrd Sdreoatroolala prhed?l piaea of bwiaea. the ktea6oa of tra Pnt(eat and chrcwlrore +aay atlbet tare wsatty of trio provitioa.
Spedfle legal Pdvitro ahoukt be obtthW whir mpoot to deloton, toodiftril n, or offer r cgWmnw4 Poch as whittm diuloarwoe or wafvcm)
ARUUWU
FINAL PAYMENT
6.1 Pinal payment, oonstituting the entire unpaid balance of the Contract Sum, shall be due when the Work described in tiffs Subcontract
is fully completed and performod in accordance with the Contract Documents and is satisfactory to the
Architect, and shall be payable as follows, in accordance with Article $ and with Paragraph 12.4 of this Subcontract'
(Here merr (he rekrvaat cwAltloes wader which, or true in which, Amt payrrret will boeorrte payable.)
Final payment payable Thirty (30) Days after completion and acceptance of finished
project by the Owner and/or Architect.
6.2 Before issuance of the final payment, the Subcontractor, if required, shall submit evidence satisfactory to the Contractor
that all payrolls, bills for materials and equipment, and all known indebtedness connected with the Subcontradoes Work
have boon satisfied.
ARTICLE I
PERFORMANCE BOND AND LABOR AND MATENAL PAYMENT BOND
(Flow bract any rotpdroment tot the itnnialrin` otbon& by lhia S,Jmohdmctor.)
ARnCLL 8
TEMPORARY FACILITIES AND SERVTC.ES
8.1 Unless otherwise provided in this Subcontract, the Contractor shall furnish and make available at no cost to the
Subcontractor the following temporary facilities and services:
Sanitary Toilet
Electric
ARMLE 9
INSURANCE
9.1 Prior to starting work, the Subcontractor shall obtain the required insur not from a redpont ible insurer, and shall
furnish Satisfiactory evidence to the Contractor that the Subcontractor has compf lad with the requirenwty of this Article
9• Similarly, the Contractor shall furnish to the Subcontractor satisfactory evidence of insurance required of the
Contractor by the Contract Documents.
9.2 The Contractor and Subcontractor waive all rights against each other and against the Owner, the Architect, separate
contractors and all other suboontnetors for damages caused by fire or other perils to the extent covered by property
insurance provided under the General Conditions, except such rights as they may have to the proceeds of tueh
insurance.
(U m brat any btlwanee mgohorooft red Sd xwooesA teepadft 1br obbiaisr, mining W paylag for nommuM irtaaaoe *0lkib ogna%s
ttaaa apoelnm b< the Genlrak Doatntalp sad insatod Below. tr ttxladted by bnv. Irapptiabla, tide ahau bgtada flee htasatne std aatondod aowsalpc,
pabllo Hat*, ptopaq duaVe, wrooya'a Habi ft, and walasn' ar wa+lnkn a ea?oastdoa hywgaoo lbr the 9d+eoatraotor and his cnptoyegr. 7 he
ima doo d MA sour provblata afr soft Af esnoeibam alto adoo of imatllCt proco ft sod Vow aspeem of isautmoo).
Insurance shall conform to requirements as stated In SpedfioMion Manual and attacbed 11r7tbibit A.
IMM RANCC Ci MI"CAM SHOULD S PAT& NAMING MILLEk a NORPORD, INC. asp MMILY LAND 9CUL?17NG
AS ADDMONAL rN9 RZD noon New Pt eft for X* Las[ Sodpdoo it rlwth Rsala Read, aneta PA. 17M,
work by tide Sadteoslrm*w w10 not oommeom note asMsfactory wrldesce of rnfuwsae bas been ferr4hed.
Male & Norrbrd, Ift to be tie oe 0kole bolder.
AR=Lz 10
WORKING CONDITIONS
(Hem imcn say appNeabk enm eonoemint vvorkvat c"dom and labor nta(terc for the Project.)
Subcontractor is responsible for clean-up and removal from the job site of all debris generated In the
performance of his work If Subcontractor flub to clean-up and remove debris from Site, MIDer & Norlbrd,
Inc. reserves the right to do so and back charge against this Agreement
ASn
ADDITIONAL WORK
All Additions and/or Deletions to Contract Drawings and Specifications which Includes fast shall not
commence until written Change Order has been approved and issued by the Owner and Codirector.
.4.
GE CL ONDMO-Ns
ABIX-CLE 11
SUBCONTRACTOR
11.1 Rights and Responsibilities
11.1.1 The Subcontractor shall be bound to the Contractor
by the terms of this Agreement and, to the extend that pro-
visions of the Contract Documents between the Owner and
Contractor apply to the Work of the Subcontractor as
defined in this Agreement, the Subcontractor shall assume
toward the Contractor all the obligations and rosponsi-
bilities which the Contractor, by those Documents, assumes
toward the Owner and the Architect, and shall have the
benefit of all rights, remedies and redress against the
Contractor which the Contractor, by those Documents, has
against the Owner, insofar as applicable to this Subcon-
tract, provided that where any provision of the Contract
Documents between the Owner and Contractor is inconsis-
tent with any provision of this Agreement, this Agreement
shall govern.
11.1.2 The Subcontractor shall not assign this subcontract
without the written consent of the Contractor, nor subcontract the
whole of this Subcontract without the written consent of thv
Contractor, nor further subcontract
portions of this Subcontract without written notiflcaNon to
the Contractor when such notification is requested by the
Contractor. The Subcontractor shall not assign any amounts due
or to become due under this Subcontract without written notice to
the Contractor.
11.2.6 The Subcontractor shall pay for all materials,
equipment and labor used in, or in connection with, the
performance of this Subcontract through the period covered
by previous payments received from the Contractor, and shall
furnish satisfactory evidence, when requested by the
Contractor, to verify compliance with the above require-
ments.
113 haws, Per fds, Fees and Notices
11.3.1 The Subcontractor shall give all notices and
comply with all laws, ordinances, rules, regulations and
orders of any public authority bearing on the performance
of the Work under this Subcontract, Tile Subcontractor
shall aecurc and pay for all permits and govemmgntal foes,
licenses and inspections necessary for the proper execution
and completion of the Subcontractor's Work, the fgtnishing
of which is required of the Contactor by the Contract
Documents.
11.3.2 The Subcontractor shall comply with Federal,
State and local tax laws, social security acts, unemploy-
ment compensation acts and workers' or workmen's compensation
acts insofar as applicable to the performance
of this Subcontract.
11.4 Work of Others
11.4.1 In carrying out his Work, the Subcontractor shall
take noeeseary precautions to protect properly thefinished
work of other trades from damage caused by his operations.
11.2 Execution and Progress of the Work
11-2.1 The Subcontractor agrees that the Contractor's
equipment will be available to the Subcontractor only at the
Contractor's dosexction and on mutually satisfactory terms.
I LL2 no Subcontractor shall coopomtc with the Contractor is
scheduling and perforating his work to avoid
conflict or intorforenoe with the work of others.
1 1.2.3 The Subcontractor shall promptly submit shop
drawings and samples required in order to perform his Work
efficiently, expeditiously and in a manner that will
not causo delay in the progress of the Work of the Contrator or
Other' subcontractors.
11.2.4 The Subcontractor shall famish periodic progress reports
on the Work as mutually agreed, including informa-
tion on the status of materials and equipment under this
Subcontract which may be in the course of preparation or
manufacture.
11.2.5 The Subcontractor agroos that all Work shall be done
subject to the final approval of the Architect. The
Architect's decision in matters, relating to artistic effect
shall be final if consistent with the intent of the Contract
Documents.
1142 The Subcontractor shall cooperate with the Con-
tractor and other subcontractors whose work might interfere
with the Subcontractors Work, and shall participate in the
preparation of eoordinslod drawings in areas of congestion
as required by tho Contact Documents, spcfifically noting and
advising the Contractor of any such into k, nee.
11.5 Safety Precautions and Procedurco
11.5.1 The Subcontractor shall take all reasonable safety
precautions with respect to his Work, shall complywith all
safety measures initiated by the Contractor and with all
applicable laws, ordinances, rules, regulations and 'orders of any
public authority for the safety of persons or property in
accordance with the requirements of the Contract. Documents.
The Subcontractor shall report within three days to the Contractor
any injury to any of the Subcon-
tractor's employees at the site.
11.6 Cleaning Up
11.6.1 The Subcontractor shall at all times keep the promises
free from accumulation of waste materials or rubbish arising out
of the operations of this Subcontract
Unless otherwise provided, the Subcontractor shall not be
held responsible for unclean conditions caused by other
contractors or subcontractors.
11.7 Warranty
1.1.7.1 The Subcontractor wanwls to the Owner, the
Architect and the Contractor that all materials and
equipment furnished shall be new unless otherwise
specified, and that all work under this subcontract shall
be of good quality, free from faults and defoets and in
conformance with the Contract Documents. All Work not
conforming to these requirements, including substitutions
not properly approved and authorized, maybe considered
defective. The warranty provided in this Paragraph 11.7
shall be in addition to and not in limitation of any
other warranty or remedy requited by law or by the
Contract Documents.
11.8 Applications for Payment
11.8.1 The Subcontractor shall submit to the Contractor
Applications for payment at such times as stipulated in
Article 5 to enable the Contractor to apply for payment.
11.8.2 If payments are trade on the valuation of Work done, the
Subcontractor shall, before the first application,
submit to the Contractor a schedule of values of the various parts
of the Work aggregating the total sum of this Subcon-
tract, made out in such detail as the Suboontractor and
Contractor may agree upon or as required by the Owner, and
supported by such evidence as to its correctness as the
Contractor may direct. This schedule, when approved by the
Contractor, shall be used only as a basis for Applica-
tions for Payment, unless it be found to be in error. In
applying for payment, the Subcontractor shall submit a
statement based upon this schedule.
11.5.3 If payments are made on account of materials or
equipment not incorporated in the Work but delivered and
suitably stored at the site or at some other location agreed
upon in writing, such payments shall be in accordance with the
Terms and Conditions of the Contract Documents.
11.9 Change In the Work
11.9.1 The Subcontractor maybe ordered in writing by the
Contractor, without invalidating this Subcontract; to make
changes in the Work within the general scope of this Sub•
contract consisting of additions, deletions or other revisions,
the Contract Sum and the Contract Time being adjusted
accordingly. The Subcontractor, prior to the commence-
ment of such changed or revised Work, shall submit promptly to
the Contractor written copies of any claim for
adjustment to the Contract Sum and Contract Time for such
revised Work in a mmncr consistent with the Contract
Documents.
11.10 Claims of the Subcontractor
11,10.1 Subcontractor shall make all claims promptly to the
Contractor for additional cost, extensions of time, and damages
for delays or other causes in accordance with the Contract
Documents. Any such claim which will affect or become part of
a claim which the Contractor is required to
payment of the amount owing has been received. no Contract
Sum shall, by appropriate adjustment, be increased
by the amount of the Subcontractors reasonable costa of
make under the Cot i Documents within n specified time
period or in a specified manner shall be made in sufficient time to
permit the Contractor to satisfy the requirements of the Contract
Docurrronts. Such claims shall be received by the Contractor not
less than two working days preceding the time by which the
Contractor's claim must be made. Failure of the Subcontractor to
make such a timely claim shall bind the Subcontractor to the same
consequences as those to which the Contractor is bound.
11.11 ifndenanMcation
11.11.1 To the failed extent permitted by law, the Subcontctot
shall Indemnify and hold harmless the Owner,
the Architect and the Contractor and all of their agents and
employees from and against all claims, damages, losses and
expenses, including but not limited to attorney's fees, arising out
of or resulting from the performance of the Subcontractor's Work
under this Suboontract, provided that
any such claim, damage, loss, or expense is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom, to the, extent
caused in whole or in part by any negligent act or omission
of the Subcontractor or anyone directly employed by him or
anyone for whose acts he may be liable, regardless of whether it
is caused in part by a party indemnified here-
under. Such obligWonn shall not be construed to tiogate, or
abridge, or otherwise reduce any other right or obliotion of
indemnity which would otherwise exist as to anypgrty or person
described in this Paragraph 11.11.
11.11.2 In any and all claims against the Owner, the Architect,
or the Contractor or any of their agents or employees by any
employee of the Subcontractor, anyone directly or indirectly
employed by him or anyone for whose acts ho maybe liable, the
indemnification obligation under this Paragraph 11? 11 shall not
be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or,fOr the
Subeontractor under workers' or workmen's compennsaton acts,
disability benefit sets or other employee benefit acts.
11.11.3 The obligations of the Subcontractor under this
Paragraph 11.11 shall not extend to the liability of the Architect,
his agents or employees arising out of (1) the preparation or
approval of maps, drawings, opinions, reports, surveys, Change
Orders, designs or specifications,
or (2) giving of or the failure to give directions or instructions by
the Architect, his agents or employees pro-
vided such giving or failure to give is the primary cause of the
injury or damage.
11.12 Subcontractor's Remedies
11.12.1 If the Contractor does not pay the Subcontractor
through no fault of the Subcontractor, within woo days from the
time payment should be made as provided in Paragraph 12A, the
Subcontractor may, without prejudice to tiny other remedy he may
have, upon seven additional days' written notice to the Contractor.
stop his Work until
shutdown, delay and statt-up.
CONTRACTC-
12.1, Rights and Responsibilties
12.1.1 The Contractor shall be bound to the Subcontractor by
the terms of this Agreement, and to the extent that provisions of
the Contract Documents between the Owner and the Contractor
apply to the Work of the Subcontractor as defined in this
Agreement, the Contractor shall assume toward the Subcontractor
all the obligations and the
responsibilities that the Owner, by those Documents, assumes
toward the Contractor, and shall have the benefit of all rights,
remedies and redress against the Subcontractor
which the Owner, by those Documents, has against the
Contractor. Where any provision of the Contract Documents
between the Owner and the Contractor is inconsistent with any
provisions of this Agreement, this Agreement shall govern,
12.2 Services Provided by the Contractor
12,2.1 The Contractor shall cooperate with the Sub-
contractor in scheduling and performing his Work to avoid
conflicts or interference in the Subcontractor's Work, and
shall expedite written responses to submittals made by the
Subcontractor in accordance with Paragraphs 11.2, 11.9 and
11.10 As soon as practicable after execution of this Agreement,
the Contractor shall provide the Subcontractor a copy of the
estimated progress schedule of the Contractor's
entire Work which the Contractor has prepared and submitted for
the Ownses and Arehited's information to-
gether with such additional scheduling details a will enable
the Subcontractor to plan and perform his Work properly, The
Subcontractor shall be notified promptly of any subsequent
changes In the progress schedule and the additional scheduling
details.
12.2.2 The Contractor shall provide suitable areas for storage of
the Subcontractor's materials and equipment during the course of
the Work Any additional costs to the
Subcontractor resulting from the relocation of such facilities at
the direction of the Contractor shall be reimbursed by the
Contractor.
123.1 The Contractor shall promptly notify the Subcontractor
of all modifications to the Contract between the Owner and the
Contractor which affect this Subcontract and which were issued
or enteod into subsequent to the execution of this Subcontract.
12.3.2 'lire Contractor shall not give instructions or orders
directly to employees or workmen of the Subcontractor except to
persons designated as authorized representatives of the
Subcontractor.
12.4 Payments to the Subcontractor
12.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall pay the Subcontractor each progress payment
and the final payment under this Subcontract within three
working days after he receives payment from the Owner, except
however, that if such action is based upon faulty workmanship or
materials and equipment, the Architect shall first have determined
that the workmanship or
materials and equipment are not in accordance with
the Contract Documents.
as provided in Sub l, raph 12A.3 The amount of each progress
payment to the Subcontractor shalt be the amount to which the
Subcontractor is entitled, reflecting the percentage
of completion allowed to the Contractor for the Work of this
Subcontractor applied to the Contract Sum of this Subcontract,
and the percentage actually retaincd, if any
from payments to the Contractor on account of such
Subcontractor's Work, plus, to the extent permitted by the
Contract Documents, the amount allowed for materials and
equipment suitably stored by the Subcontractor, less the aggregate
of previous payments to the Subcontractor.
12-4.2 The Contractor shall permit the Subcontractor to request
directly from the Architect information regarding the percentages
of completion or the amount certified on account of Work done
by the Subcontractor,
12.43 if the Architect does not issue a Certificate for Payment
or the Contractor does not receive payment for any cause which is
not the fault of the Subcontractor, the Contractor shall pay the
Subcontractor, on demand, a progress payment computed as
provided in Subparagrah 12,4.1 or the final payment as provided
in Article 6,
12.5 Claims by the Contractor
12.5.1 The Contractor shall make no demand for liquidated
damaged for delay in any sum in excess of such amount sa may
be speciflottllynamed in this Subcontract, and liquidated damages
shall be assessed against this Subomutator only for his negligent
acts and his failure to ad in accordance with the tents of this
Agreement, and in no case for delays or causes arising outside the
scope of this Subcontract, or for which other subcontractors we
responsible.
12.5.2 Except as may be indicated in this Agreement, the
Contractor agrees that no claim for payment for services rendered
or materials and equipment finished by the Contractor to the
Subcontractor shall be valid without prior
notice to the Subcontractor and unless written notice thereof is
given by the Contractor to the Subcontractor not
later than the tenth day of the calendar month following that in
which the claim originated .
12.6 Contractor's Remedies
12.6.1 If the Subcontractor defaults or neglects to carry out the
Work in aooordenc a with this Agreement and fails with-
in three working days after receipt of written notice 5rom the
Contractor to commence and continue correction of such default
or neglect with diligence and promptness, the
Contractor may, after three days following receipt by the
Subcontractor of an additional written notice, and without
prejudice to any other ramody be may have, makes good such
deficiencies and may deduct the cost thereof front the
payments then or thereafter due the Subcontractor, provided
ART1C1.>l:13
ARBITRATION
13.1 All claims, disputes and other t, era in question
arising out of, or relating, to this Subcontract, or the breach
thereof, shall be decided by arbitration, which shall be con-
ducted in the same manner and under the same procedure as
provided in the Contract Documents with respect to disputes
between the Owner and the Contractor, except that a decision by
the Architect shall not be a condition pro-
eedent to arbitration. If the Contract Documents do not
provide for arbitration or fail to spceify the manner and
procedure for arbitration, it shall be conducted in
accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association then obtaining un-
less the parties mutually agree otherwise,
13.2 Bxccpt by written consent of the person or entity
sought to be joined, no arbitration wising out of trr relating
to the Contract Documents shall include, by consolidation,
joinder or in any other manner, any person or entity not a party to
the Agreement under which such arbitration arises,
unless it is shown at the time the domand for arbitration is
filed that (1) such person or entity is substatitially involved
in a common question of fact or law, (2) the presence of such
person or entity is required if complete relief is to be
accorded in the arbitration, (3) the interest or responsibility
of such person or entity in the matter is not insubstantial, and (4)
such person or entity is not the Architect, his employee or his
consultant. This agreement to arbitrate and any other written
agreement to arbitrate with an additional person or persons,
referred to herein shall be specifically
enforceable under the prevailing arbitration law.
133 The Contractor shall permit the Subcontractor to be
present and to submit evideneo in any arbitration proceeding
involving his rights.
13.4 The Contractor shall permit the Subcontractor to ceereiso
whatever rights the Contractor may have under the
Contract Documents in the choice of arbitrators in any dispute, if
the sole cause of the dispute is the Work, materials, equipment,
rights or trsponsibilities of the Subcontractor; or if the dispute
involves the Subcontractor
and any other subcontractor or subcontractors jointly, the
Contractor shall permit them to exercise such rights jointly.
13.5 The award rendered by the Arbitrators shall be final, and
judgement may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof.
13.6 This Article shall not be deemed a limitation of any
rights or remedies which the Subcontractor may have under any
Federal or State mechanics' lien laws or under any applicable
labor and material payment bonds unless such rights or remedies
am expressly waived by him.
AUICLE 14
TERMINATION
4,,L Termination by the Subcontractor
14.4.1 If the Work is stopped for & period of thirty days through
no fault of the Subcontractor because the Contractor has not
made payments thereon as provided in this Agreement, then the
Subcontractor may without prejudice to any other remedy he may
have, upon seven & mal days' written notice to the Contractor,
terminate
this Subcontract and recover from the Contractor payment for all
Work executed and for any proven loos resulting front the
stoppages of the Work, including reasonable overhead, profit and
damages.
14.2 Termination by the Contractor
14.2.1 If the Subcontractor persistently or repeatedly fails or
neglects to carry our the Work in accordance with the Contract
Documents or otherwise to petform in accordance wittt this
Agreement and fails withni seven days after receipt of written
notice to con menex and continue correction of such default or
neglect with diligence and promptness, the
Contractor may, after seven days following receipt by the
Subcontractor of an additional written notice and Mthout
prejudice to any other remedy he may have, terminate the
Subcontract and finish the work by whatever method he may
doom expedient. if rho unpaid balance of the Contract Sum
exceeds the ccpettse of finishing the Work, such excess shall be
paid to the Subcontractor, but if such expense exceeds such
unpaid balance, the Subcontractor shall pay the difference to the
Contractor.
&ZMWNT TO 14.2.
If the Subcontractor fails Or neglects to progress 010 perform the
work; including but not necessarily limited to quality and quantity
of work force and, quality and quantity of materials and
equipment; in accordance with the Contrad Documents and fails
within forty-eight (43) hours after receipt of writttri notice to
remedy any deficiencies of such default or nesgloet with diligence
and promptness, the Contractor may at his sole disrotion, altar
foMLeight (48) hours %Tlov tg proper notifloWon; and without
prejudice to any other remedy he may have, terminate the
Subcontract and finish the work by whatever method he may
deem cx*icnt.
Payment for Subcontracts, materiale, labor and equipment
replacing this Subcontract shall be made from thobalanoo of
funds remaining in the SubcontrwWs Account. Should said
expenses exceed those funds remaining. the Subcontractor shall
be liable for the difference and make payment to the Contractor in
the amount of said difference.
AR'T'ICLE 15
MISCELLANEOUS PROVISIONS
15-1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in
those Conditions.
15.2 The Contract Documents, which constitute the entire Agreement between the Owner and the Contraceor ere listed in
Article 1, and the documents which are &Mlicablo to this Subcontract, except for Addends and Modifications issued
after execution of this Subcontract, arc enumerated as follows:
(List booty die A6rernrik, the CdrnJjt{oty of the Contrast Gatertl, Suppkateatary, and other CAndidonsl, the Drsw'h1the
and g Albmeter, iitatvin pa je 1R 9peeifeadreo. and any Addenda
or shoot marbera hi all rarer and data wAete applicable, Catd+nta on a
tu?,w M t txlttbaq.
All ovate, of dw 01o111adon n4no l ehtitlod "spooifiadonr 1br new t'seithy for KniiWy (end xatlpdor, 10 North caeca Road, Prtola East Ponnsbom T wndtip,
Ctrtrthorletd Courtly, Petutsylvanta, dated June 16, 2008.
DRAWINGStNta -a`axWI"TGBRODANDMACAVOYP.C.DATED ASSTATitDBELOW;
All CONTENTS OF THE SpZCiFICATM MANUAL ENTITLED "SPECIFICATIONS POR NEW PACILITY FOR KNISELY I. A ND
SCULPTING" 19 NORTH ENOLA ROAD, ENOLA,17A DATED JUNE 16, TAGS.
? 7514 D91
Rlweerb111
1 Oro Cover shut 2-21.07
20(d F%bttlva Featoran Plan +10at7
39f6 Site Pba 6.10-07 RevW 41.1044
4 Ofd GradlaWdaty Plans 6'10.07 Rovbed d-10.011
Bard Broakm R Sedlmani Control Man 6.10-07 Revised 41-1"
6Ord Details &IW Revhed6.10-3
Inflan%Vipa
CS1A0 Co erRafomadow lShm 06.1640
AreldeWwral
A1.80 Floor Plan 06.1648 RGYW 742-U
A1.01 Rnaf Plan, Dea11e, Taft Room 06.16.0E Revised 7-11-00
A.2.00 94"ski as 061"
AUI Walt $atian & Detaft 06.1600 Ravbed 7.22-0
A2.01 WOE Sachets & Detaib W16-0 Kew 7-22400
A3.60 Window, Door & Flabh $dmWWvs & MitNmrk 06-16-00 RavbW 7.zzAm
A4.00 Repealed Celltrd Mad 06-1641 Revised 7.22-M
strtuteral
91.00 Foundation Plan, Detaib A scbeddes 06.16.00
51.01 Second Floor & Root Framing Plan 06.16-0
Meebatrkal & peehteal -
Da1RNDtdld Scgw of Work
MI.00 RVAC Plan od-1"
P1.00 Phimbiel Plaa 06.1648
21.00 Elecu4cal 3tr11e111ag Plan a6.168
E.1.61 Electrical Pmrer Plan 06.1645
ADDENDUM 01 DATED 0&24.208 Prepared by WN11per6d A MaeAvoy
sabeontraeters an respttaaible fart
-Dahy dean-afr.
•Ceardiaa tiau va ether Tra"
•Protasdra oradlaoeat ftlMed work landed by predccmr trades.
-Sahly Stnndarda, ate. aA r¦gtdred by OSHA.
"TRX 8111CONTRACrOR HEREBY ASSU14129 ENTIRE RESPONSIBILITY AND LIAaJLJTY FORANY
AND ALL DAMAGE AND INJURY OF ANY KIND OR NATUR9 WHATSOXVICR TO ALL PERSONS,
WHETHER WFLOYRRS OR OTHERWISE, AND TD ALL PROPERTY, GROWING 01" OF, OR
RESULTING FROM THE LAROR OR MATERIAL OR BOTH USED IN THE PERFORMANCE OF TMS
CONTRACTOR OCCURRING PN CONNTC WN TN6R3W1TIIr AND AGREES TO INvWdM AND
SAVE HARMLESS THE CONTRACTOR AND/OR OWNER AND TH21R AOENTS, SERVANTTi, AND
RMPLOYM FROM AND AGAINST ANY AND ALL LO&% >G>< W52, INCLUDING LEGAL F= AND
DiSBURUMENTS, FINES AND PENALTIES ASS1MRD BY OSHA OR ANOTHBR QOVMMKINTAL
AGENCY, DAMAGE ORTNJURY GROWING OUT OF, OR RESULTING THERWROM, OR
OCCURRING IN CONNRCTION THEREWiTR.
This Agreement entered into as of the day and year first written above.
CONTRACTOR-
INC.
r
NJ -0
Rven J. Silvato. President
SUBCONTRACTOR:
EKKM= A
AMCLE 10 iiNSURANCi AND BONDS
711 Comm== ShaIl purchase and mesataiu insuraooe and provide toads as set :ol ?^ Articlo 11 of AJA Documerz
A201-2007.
(Rkw bonding mgWrc-cyan, tf any, and Mntsa of UaWlityfor frrsureaee required in Article I1 ofAM Dmumev
A201-"077.)
Type of insurame or band
'G crkmcm's Ccmipensatiou
Coauacwr' a PdAk 'bilk:
ptoonal hiwy
Pz%x ty Dump
C j&woWS's Coudugem LiabahtT
Pasonwt.?ha3'
Antomobic PizbUc Liabd]ity
of Aabaltty or bond amount 0 0.00)
sumary
an* Property Aarna
$500,00041,000,000
S10o,00"2w,000
$1,000,000
$100,00044.000
$1,000,000
$100,000 cAch oecasreace
p
Richard R,
I )? Established 19561 N C. 60 Yeager Road • P.O. Box 59 • Rossville, PA 17358
EXCAVATING • PAVING Phone. (717).432-4179 Fax: (717) 432-3229
July 3, 2008
Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, PA 17043
Re: Knisely Property
Gentlemen:
We are pleased to quote the following items for the above referenced project from. Plans
by Alpha Engineering Dated 02-21-2007.
1) Silt Sox
2) Stabilized Construction Entrance
3) Inlet Protection
4) Strip Blacktop As Needed
5) Bulk Excavation. (Import Fill as needed)
6) Footer Excavation and Bacial
7) 41'2B Stone Fill Under Concrete Building Slab
8) 4" 2B Stone Under New Sidewalk
9) Curb Excavation and Backfill
10) 1000 Gallon Holding Tank (Non Traffic Rated)
11) Sanitary Sewer (84 L.F. +/-)
a. 6" SDR-35 Pipe
b. 2 ea Clemouts
c. Tie to Existing fain
12) Water Service
a. 6" Ductile Iron Water Pipe(to 1' above finish Floor)
b. 6" PA American Water Meter Pit with Backflow Prcventer
c. Water Tap By Water Company
13) Storm Sewer
a. Furnish and InsW120" x 28" Arch Pipe
b. Furnish and Install 2 ea. Inlets
c. Roof Drains
13) Paving
d. Mill Joints As Needed
e. Furnish and Place 6" 2A Compacted Stone Base
f. Furnish and Place 2'/z" ID-2 Binder Surface
g. Furnish and Place 1.
h. Seal Joints
i. Line Painting
j. I ea Handicap Sign,
1/2" ID-2 Wearing Surface
l ea Stop Sign
Lump Sum $147,681.00
Note: Blacktop price based on liquid asphalt at $ 604.00 per liquid ton for the month of
July 2008, this will
Change and price will be adjusted at the time of placement.
Rock Excavation
Hoe Ram Rock $220.00 per CY
Does not include:
1) Permits, Fees or Testing
2) Engineering or Layout
3) Rock Excavation
4) Unsuitable Material Below Sub grade
5) Relocating Existing Utilities
6) Electric and Telephone Excavation or Backfill
7) Seeding, Sodding or Landscaping
8) Slope Protection or Swale Lining
9) Water Tap of Main Line
Note: we may withdraw this proposal if not accepted in 30 days.
ado d Shreve
General Manager
?X??bi`?'?-
FILE COPY
RICHARD E. KRALL, INC.
CLAIMANT
NOTICE OF INTENTION
VS.
JAMES G. KNISELY AND
CAROLINE L. KNISELY
OWNER
and
MILLER & NORFORD, INC.
CONTRACTOR
TO: JAMES G. KNISLEY
3822 Pamay Drive
Mechanicsburg, PA 17050
MILLER & NORFORD, INC.
700 Ayers Avenue
Lemoyne, PA 17043
TO FILE
MECHANICS' LIEN CLAIM
August 12, 2009
CAROLINE L. KNISELY
3822 Pamay Drive
Mechanicsburg, PA 17050
This is to notify you that Richard E. Krall, Inc. intends to file a Mechanics' Lien Claim
against certain property, owned by you and known as the Knisely Garden Center, located
along U. S. Route 11/15 in East Pennsboro Township, Cumberland County, having a street
address of S Enola Drive (the "Property"), Parcel ID No. 09-15-1291-336, and more
particularly described in a certain Deed, dated June 23, 2004, and recorded in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania in Record Book 00263,
at page 03488.
In compliance with the requirements of the Pennsylvania Mechanics' Lien law of
1963, 49 P.S. Section 1501, as amended, Richard E. Krall, Inc. (the "Claimant") hereby
sets forth the following:
1. The name of the Claimant is Richard E. Krall, Inc..
2. Miller & Norford, Inc. is the name of the person with which the Claimant has
contracted.
3. The amount still owing by the said Contractor to Claimant is $35,011.00
together with lawful interest thereon from May 29, 2009.
4. The nature and character of the work for which payment is claimed is:
site grading and excavation (including foundations), curb excavation and
backfill, holding tank, sanitary sewer, and meter pit for water service, all of
such work being incidental to the erection and construction of the Knisely
Garden Center constructed on the Property.
5. Claimant has received no further payment from the said Contractor for the
labor and materials e3r5,Ol ovided to the Property by Claimant, resulting in an
account balance of 1. 00.
6. The last labor or materials furnished to the Property was provided by
Claimant on March 31, 2009, which is the date of completion of the work.
Unless the total amount due Claimant, as aforesaid, is paid to Claimant within thirty (30)
days from the date of service of this Notice upon you, Claimant intends to file a Mechanics'
Lien Claim against the Property described above.
Date: August 12, 2009 RICHARD E. KRALL, INC.
By:
George E. MacDonald
Attorney for Claimant
Kagen, MacDonald & France, PC
2675 Eastern Boulevard
York, PA 17402
(717) 757-4565 tel
(717) 755-4708 fax
amacdonald@yorklaw.com
gem/LIT/mechlien.doc/KraiVnotice. intent
CERTIFICATE OF SERVICE
And now, this - day of August, 2009, I, GEORGE E. MacDONALD, ESQ., of
the law firm of Kagen, MacDonald & France, P.C., attorneys for Plaintiff, Richard E.
Krall, Inc., hereby certify that I have this day served a copy of the Notice of Intention
to file Mechanics Lien Claim by depositing the same in the United States Mail, postage
prepaid, at York, Pennsylvania, addressed to:
JAMES G. KNISELY
3822 Pamay Drive
Mechanicsburg, PA 17050
CAROLINE L. KNISELY
3822 Pamay Drive
Mechanicsburg, PA 17050
MILLER & NORFORD, INC.
700 Ayers Avenue
Lemoyne, PA 17043
KAGEN, MacDONALD & FRANCE, P.C.
By: A?tW4 Ge ge E. MacDonald, Esquire
Pa. ID #28007
2675 Eastern Boulevard
York, Pennsylvania 17402
Telephone: (717) 757-4565
LL;
"oo
I
a
4
?
L1 4 _ f,,? ? i b
G
4L c-, - ' A
CV
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
1
OF} ,-E -.:G z-?Rl?r
EILE04,' !CC7 1 V
,.
2009 OU 14 PPS 3: 0 8
Lie J..N;7:
Richard E. Krall, Inc. Case Number
vs.
James G. Knisely 2009-6341 MLD
SHERIFF'S RETURN OF SERVICE AMENDED
09/30/2009 05:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
30, 2009 at 1739 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: Caroline L. Knisely, by making known unto herself personally, at 3822 Pamay 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.
09/30/2009 05:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
30, 2009 at 1739 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: James G. Knisely, by making known unto Caroline L. Knisely, wife of defendant at 3822
Pamay 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.
10/06/2009 03:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6
2009 at 1555 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: Miller & Norford, Inc., by making known unto Brian S. Enterline, adult in charge, at 516
Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $75.74
October 07, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deputy Sheriff
tep2ty Sheriff
Sheriffs Office of Cumberland County
R Thomas Kline F«EO'' )i; HCE
( ON'OMy
Sheriff TNj T -
Ronny R Anderson ?, ?;
Chief Deputy 2009 OCT -8 Jody S Smith j , W 1 31
Civil Process Sergeant €€ .F GU V
riN-) J-V`,
1
Edward L Schorpp
Solicitor
Richard E. Krall, Inc. Case Number
vs. 2009-6341 MLD
James G. Knisely
SHERIFF'S RETURN OF SERVICE
09/30/2009 + 05:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
30, 2009 at 1739 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: Caroline L. Knisely, by making known unto herself personally, at 3822 Pamay 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.
09/30/2009 05:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
30, 2009 at 1739 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: James G. Knisely, by making known unto Caroline L. Knisely, wife of defendant at 3822
Pamay 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.
10/06/2009 f03:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6
2009 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Miller & Norford, Inc., by making known unto Brian S. Enterline, adult in charge, at 516
Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $75.74 SO ANSWERS,
October 07, 2009 R THOMAS KLINE, SHERIFF
Deputy Sheriff
D puty Sheri f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
RICHARD E. KRALL, INC.
CLAIMANT
VS.
JAMES G. KNISELY AND
CAROLINE L. KNISELY
OWNER
and
MILLER & NORFORD, INC.
CONTRACTOR
NO. 09-6341 MLD
AFFIDAVIT OF SERVICE ON OWNER
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
ss
Before me, a Notary Public in and for said Commonwealth and County, personally
appeared George E. MacDonald, Esq., who being duly sworn according to law deposes
and says:
1. That attached hereto is a true and correct copy of the Sheriffs Return of
Service confirming service upon the above named Owners of written notice
of the filing of a Mechanics Lien Claim; and
2. That service was made upon the said Owners by the Sheriffs Department
of Cumberland County on September 30, 2009.
4eorge E. MacDonald
Attorney for Claimant
PA Attorney ID No. 28007
SWORN AND SUBSCRIBED to
before me this 13th day
of OCtob r, 2009.
NOTARY PUBLIC
NOTARIAL SEAL
MICHELLE L RACHAL
Notary Public
SPRINGETTSBURY TWP, YORK COUNTY
My Commission Expires Jul 26, 2012
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Richard E. Krali, Inc.
vs.
James G. Knisely
v,???t?tp of ?utaLrrtyrr
1R ? d
Case Number
2009-6341 MLD
SHERIFF'S RETURN OF SERVICE
09/30/2009 05:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
30, 2009 at 1739 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: Caroline L. Knisely, by making known unto herself personally, at 3822 Pamay 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.
09/30/2009 05:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
30, 2009 at 1739 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: James G. Knisely, by making known unto Caroline L. Knisely, wife of defendant at 3822
Pamay 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.
10/06/2009 03:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6
2009 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Miller & Norford, Inc., by making known unto Brian S. Enterline, adult in charge, at 516
Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $75.74
SO ANSWERS,
October 07, 2009 R THOMAS KLINE, SHERIFF
Deputy Sheriff
D puty Sheri f
Q
C')
C- ? ..?
_
?''s `
t? _
? Sy:
y t ..>,. ra't
`?)
'
4?.
?? ?? ;
?
? 4Y
?, '-+1Lw
w ?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD E. KRALL, INC., NO. 09-6341 MLD
Plaintiff
vs.
JAMES G. KNISELY and
CAROLINE L. KNISELY, husband and wife
Defendants CIVIL ACTION - LAW
C-a
CD
To: James G. and Caroline L. Knisely
3822 Pamay Drive = 'c7
TI
Mechanicsburg, PA 17055 T
L
? _
_ c3
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the foregoing pages, you must take action within twenty (20) days after this
Complaint to Enforce 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 Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER
RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO
NOT HAVE OR KNOW A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, Pennsylvania 17013
Telephone: (800) 990-9108
NOTICIA
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea
defenderse de las quejas expuestas en las paginas siguientes,
debe tomar accion dentro de veinte (20) dial a partir de la fecha
en que recibio la demanda y el aviso. Usted debe presentar
comparecencia escrita en persona o por abogado y presentar en la
Corte por escrito sus defensas o sus objeciones a las demandas en
su contra.
Se le avisa que si no
sin usted y la Corte puede
notificacion por cualquier
cualquier otra queja o com
USTED PUEDE PERDER DINERO,
IMPORTANTES PARA USTED.
se defiende, el caso puede proceder
decidir en su contra sin mas aviso o
dinero reclamado en la demanda o por
pensacion reclamados por el Demandante.
0 PROPRIEDADES U OTROS DERECHOS
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI USTED NO
TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, Pennsylvania 17013
Telephone: (800) 990--9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD E. KRALL, INC.,
Plaintiff
V.
JAMES G. KNISELY and
CAROLINE L. KNISELY, husband and wife,
Defendants
CIVIL ACTION - LAW
NO. 09-6341 MLD
MECHANICS LIEN CLAIM
COMPLAINT TO ENFORCE MECHANICS LIEN CLAIM AGAINST OWNER AND
CONTRACTOR PURSUANT TO 49 P.S. § 1510
AND NOW, this day of , 2010, comes the Plaintiff, Richard E.
Krall, Inc., by and through its attorneys, Kagen MacDonald & France, P.C., and more
specifically, Edward A. Paskey, Esquire, and files this complaint against the Defendants
pursuant to 49 P.S. §1510. In support thereof, the following is averred to be true:
1
Plaintiff is Richard E. Krall, Inc., a Pennsylvania Corporation, registered to
do business in the Commonwealth of Pennsylvania and having a place of
business of 60 Yeager Road, Post Office Box 59, Rossville, Pennsylvania
17358.
2. Defendants, James G. Knisely and Caroline L. Knisely ("Owners"), are
adult individuals, husband and wife, having an address of 3822 Pamay
Drive, Mechanicsburg, PA 17055
3. Defendants Knisely are the owners of certain property situated in East
Pennsboro Township, Cumberland County, Pennsylvania, having a street
address of 19 North Enola Road, Enola, Cumberland County,
Pennsylvania, and more particularly described in the legal description
attached hereto as Exhibit "A" (the "Property")
4. Venue is properly laid in Cumberland County, being the County in which
the cause of action arose and the county in which the real property upon
which Mechanic's Lien Claim is based.
5. Pursuant to a written subcontract with Miller & Norford, Inc., ("Contractor")
Plaintiff furnished labor and materials incidental to the erection and
construction of the Knisely Garden Center on the Property. A true and
correct copy of the Subcontract, dated August 21, 2008 (the
"Subcontract"), entered into between Plaintiff and Contractor is attached
hereto as Exhibit "B" and incorporated herein by this reference.
6. The labor and materials provided by Plaintiff consisted of: site grading and
excavation (including foundations), curb excavation and backfill, holding
tank, sanitary sewer, and meter pit for water. The exact nature and
description of such labor and materials is specifically set forth in the
Plaintiff's proposal letter, dated July 3, 2008, which is included as part of
the Subcontract.
7. The Contractor, Miller & Norford, Inc. is a general contractor who
contracted directly with Defendants Knisely, Owners of the property, for
the work to be performed on the property.
8. The labor and materials mentioned in paragraph 6 above were furnished
by Plaintiff to the property at various times commencing in August, 2008,
and were invoiced on Plaintiff's invoices dated November 14, 2008,
December 30, 2008, February 27, 2009, and April 29, 2009, true and
correct copies of which are attached hereto as Exhibit "C" and
incorporated herein by reference. The last work performed, or materials
furnished, to the property was provided by Plaintiff on March 31, 2009.
9. Plaintiff has made repeated demands upon said Contractor for the
payment to Plaintiff of the balance owing by Contractor, but Contractor
has refused to comply therewith.
10. The amount still owing by Contractor to Plaintiff is $35,011.00 together
with lawful interest thereon from May 29, 2009. The amount owing to
Claimant is the total amount making of the usual, just and reasonable
charges for the labor and materials provided by Plaintiff to Contractor for
the Property and is the contract price agreed to be paid to Plaintiff by said
Contractor.
11. The performance of the labor and supply of the materials to the premises
of the Owners/Defendants Knisely, was for the immediate use and benefit
of the Owners/Defendants Knisely.
12. Plaintiff has made repeated demands upon the Contractor and
Owners/Defendants Knisely for the payment to Plaintiff of the balance
owing by the Contractor, but Defendants have refused to comply herewith.
13. Pursuant to the requirements of the Pennsylvania Mechanics' Lien Law of
1963, 49 P.S. § 1501, Plaintiff has served written notice upon each of the
said Defendants of Plaintiff's intention to file a Mechanics' Lien Claim, with
notices dated August 12, 2009, delivered August 12, 2009, a true and
correct copy of the Notices are attached hereto as Exhibit "D" and are
incorporated herein by reference.
14. In compliance with the requirements of the Pennsylvania Mechanics' Lien
Law of 1963 49 P.S. § 1502 (a)(1), Plaintiff timely filed its Mechanics' Lien
Claim with the Prothonotary of Cumberland County on September 24,
2009, with respect to the Property. A true and correct copy of the
Plaintiff's Mechanics' Lien Claim is attached hereto as Exhibit "E" and is
incorporated herein by reference.
15. In compliance with the requirements of the Pennsylvania Mechanics' Lien
Law of 1963, 49 P.S. § 1502 (a)(2), Plaintiff caused notice of filing its
Mechanics' Lien Claim to be served upon James G. Knisely Owner, by the
Cumberland County, Pennsylvania Sheriffs Department on September 30,
2009 at 3822 Pamay Dr., Mechanicsburg, Pennsylvania 17055 and on
Caroline L. Knisely, Owner, by the Cumberland County, Pennsylvania
Sheriffs Department on September 30, 2009 at 3822 Pamay Dr.,
Mechanicsburg, Pennsylvania 17055. A true and correct copy of Plaintiff's
Notice of such filing, and an Affidavit of Service on the Owners, is
attached hereto as Exhibit T" and is incorporated herein by reference.
16. In compliance with the requirements of the Pennsylvania Mechanics' Lien
Law of 1963, 49 P.S. § 1502 (a)(2), Plaintiff filed its Affidavit of Service
with the Office of the Prothonotary of Cumberland County on October 15,
2009, setting forth the date and manner of service upon the Owners of
Plaintiffs Mechanics' Lien Claim. A true and correct copy of Plaintiff's
Affidavit of Service is attached hereto as Exhibit "G" and is incorporated
herein by reference.
WHEREFORE, Plaintiff now requests an Order of this Court entering judgment against
the Defendants in the amount of $35, 011.00 together with lawful interests thereon from
May 29, 2009.
Respectfully Submitted:
KAGEN, MACDONALD & FRANCE, P.C.
Edward A. Paskey, EsgL'l e
Attorney for Plaintiff
Attorney ID No. 804
2675 Eastern Blvd"-- .
York, PA 17402-2905
Phone: (717) 757-4565
6
TTUS D-EEDv
C_
N
Made the u S day of June, 2004, W
e ea ;
BETWEENFAE K. MASLOWSKI and TOM MASLOWSKI, husband" ? a T
and wife, of Cumberland County, Pennsylvania, Parties of the First Part, hereinafter
designated as the GRANTORS,
AND
JAMES G. KNISELY and CAROLINE L. KNISELY, husband and
wife, of Cumberland County, Pennsylvania, Parties of the Second Part, hereinafter
designated as the GRANTEES.
WITNESSETH, that the Grantors for and in consideration of TWO HUNDRED
TWENTY-FIVE THOUSAND FIVE HUNDRED and 00/100 ($225,000.00) Dollars, lawful
money of the United States of America, to the Grantors in hand well and truly paid by the Grantees,
at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged
and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey
unto the Grantees forever.
ALL THAT CERTAIN tract of land situate in East Pennsboro Township,
Cumberland, Pennsylvania, being known and numbered as Lot No. 2 on the Resubdivision Plan of
Lots 2 and 4 for Lands of Hempt Brothers, Inc. - Route 11 & 15, said Plan being recorded in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 59, Page
144 and also known as Lot No. 2 on the plan titled "Declaration to Release, Terminate and
Extinguish an Easement on Lots 2 and 4 Owned by Kenneth R. Snyder, Jr. and Debra D. Snyder",
prepared by Brehm-Lebo Engineering, Inc., dated October 22, 1998 and recorded in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12,
Page 38, being more particularly bounded and described as follows, to wit:
BEING at a point on the Western right-of-way line of South Enola Drive (S. R. 0011)
at the Northeast comer of Lot No. 4 on the above referenced plan; thence along said Lot No. 4 North
84 degrees 39 minutes 55 seconds West, 135.00 feet to an iron pin set at a point at other lands of the
BOOK 263 PkcE3488
OR
Grantors herein; thence along said last mentioned lands North 05 degrees 20 minutes 05 seconds
East, 263.15 feet to an iron pin set at a point along the Southern right-of-way line of Prospect Drive
(private street); thence along said Southern right-of-way line of Prospect Drive the following three
(3) courses and distances: (1) by a curve to the left having a radius of 265.00 feet, a distance of 52.34
feet, the chord ofwhich is South 79 degrees 00 minutes 24 seconds East, 52.26 feet to a point; thence
(2) South 84 degrees 39 minutes 55 seconds East, 53.00 feet to a point; thence (3) by a curve to the
right having a radius of 30.00 feet, a distance of 47.12 feet, the chord of which is South 39 degrees
39 minutes 55 seconds East, 42.43 feet to a point along the Western right-of-way line of South Enola
Drive (S.R. 0011) ; thence along the Western right-of-way line of South Enola Drive (S.R. 0011)
South 05 degrees 20 minutes 05 seconds West, 228.00 feet to a point, the Place of BEGINNING.
UNDER AND SUBJECT, nevertheless, to the Declaration to Release, Terminate
and Extinguish Easements originally recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Miscellaneous Book 596, Page 482, as modified and amended
in Miscellaneous Book 607, Page 217.
BEING THE SAME premises which Kenneth R. Snyder, Jr. and Debra D. Snyder,
by her attorney-in-fact, Kenneth R. Snyder, Jr,-under a Power of Attorney dated March 3, 1999, by
their deed dated April 27, 1999 and recorded April 28, 1999 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania in Deed Book 198, Page 346, granted and conveyed
unto Fae K. Maslowski. Tom Maslowski joins in this deed to convey any marital interest he may
have acquired.
TOGETHER with all and singular the buildings, improvements, ways, woods,
waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same
belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate,
right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both
in law and in equity, of, in and to the premises herein described and every part and parcel thereof
with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described
together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use
and benefit forever.
AND the Grantors covenant that, except as may be herein set forth, they do and will
forever specially warrant and defend the lands and premises, hereditaments and appurtenances
hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim
the same or any part thereof, by, from or under it. them or any of them.
800 263 PACE3489
In all references herein to any parties, persons, entities or corporations, the use of any
particular gender or plural or singular number is intended to include the appropriate gender or
number as the text of the within instrument may require.
Wherever in this instrument any party shall be designated or referred to by name or
general reference, such designation is intended to and shall have the same effect as if the words
"heirs, executors, administrators, personal or legal representatives, successors and assigns" had been
inserted after each and every such designation.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the
day and year first above written.
WI'T'NESS:
Fae K. Maslows
/Tom Maslowski
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF `?,,_ )SS.
BE IT REMEMBERED, that on rev r-;- ` L ? , 2004, before me the subscriber
personally appeared Fae K. Maslowski and Tom Maslowski, husband and wife, known to me
(or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
WITNESS my hand and seal the day and year aforesaid.
Ej(0)[D) AR!AL SEAI-?blic \Notark. Public
DRiNG, ilofary
st ?w)Whin Co., PA
10n Expires Nov. o3,2005
Book 263 PAOUE3490
r
I HEREBY CERTIFY that the precise residence of the Grantees is:
3B'Z? /?-?? ?ntn
L2, n, *,-
Attorne fo rantors/Grantees
Cumberland County Recorder of
Instrument Filin3
ReceiFtl 503791
InstrN 4004-024947 6/23/2004 11
Romarks. 4ID-PENN
Y,NISELY
o be recorded
d County PA
Recorder of Deeds
DEED
DEED - WRIT
DEED •• RTT STATE
EAST PENNS8ORD
EAST PENNSBORO TVP
DEED - AIR
J.C.S. / A,T.3.
CO IMPROVEMENT FND
REC. IMPRVNT FUND
CheckN 8759
Check# 8760
Check# 0761
Check# REF 2.00
Total Received.......
&OK 263 FniM9i
tl
11
49 1.
$11
:11:25
11.50
,50
50.00
.5.00
25.00
11.50
10.00
2.00
3.00
63,00
5,50
50.00
25.00
'36,50
THE AMERICAN INSTITUTE OF ARCHITECTS
AJA Document A401
SUBCONTRACT
Standard Form of Agreement Between
Contractor and Subcontractor
1978 Edition
Use with the latest edition of the appropriate AIA, Document as follows:
A 101, Owner-Cantractor Agreement - Stipulated Sum
A107, Abbreviated Owner-Contractor Agreement With General Conditions
A 111, Owner-Contractor Agreement - Cost plus Fee
A201, General Conditions of the Contract for Construction
THIS DOCUMM HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WTrkI
AN ATTORNEY IS ENCOURAGED WITH RESPECT To ris COMPLETION oR MODIFICATION
71+is docu ncnt has ban approved and cldoraed by the American Snbcontraetms Association
end the Aamciatcd Specialty Conftetrns, Inc.
AGREEMENT
Made as of the 21st day of AUGUST in the year Two Thousand Eight
BETWEEN the Contractor: MILLER & NORIaORD, INC.
700 Ayers Avenue, Lemoyne, PA 1.7043
and the Subcontractor: RICHARD E. KRALL, INC.
60 YEAGER ROAD, P.O. BOX 59
ROSSVILLE, PA 17358
The Project: KNISELY GARDEN CENTER
19 NORTH ENOLA DRIVE
ENOLA, PA. 17025
The Owner: KNISELY LAND SCULPTING
3822 PAMAY DRIVE
MECHANICSBURG PA. 17055
The Architect/Engineer W LLIGEROD AND MACAVOY ARCHITECTS P.C.
2223 NORTH SECOND STREET
HARRT,SBURG PA. 17110
The Conttactor and Subcontractor qEc as set forth below.
Copyright 1915, 1925. 1937.1951. 1950, 1961. 1963. 1966,1967. 1972, 197A by the Arnerk" lasdtuto of ArclMCCt% 1735 New
York Avemre, N.W., Washinglon, D.C. 20006. Reprodmion of the material herein or substantial quotation of it ptvvisiotd w;ftat
pextlliaaion of the AIA violuea the way right laws of the TMW States and wRt be snbixt to kpl t>attxxndon. - --
AIA DOCUMENT A401. CONTRACTOR-511.19CONT*ACrOR AORE£MENT. ELEVENTH EDMO I . APRIL 1978, AIA
AND 1979.77E AMERICAN INSTM. YTF.Or ARCFIITECTS. 1735 N6W YOkx AVE.. N.W. WASHINGTON, D.C. 20006
-1-
IARTICLE?
THE CT DOCUMENTS
1,1 no Contract Documents for this Subcontract consist of this Agreement and any Exhibits attached hereto, the Agreement
between the Owner and Contractor dated as of July 10 2008 , the Conditions of the Contract between the
Owner and Contractor (General, Supplementary and other Conditions), the Omwings, the Specifications, all A.ddcnda
issued prior to and all Modifications issued after execution of the Agreement between the Owner and Contractor and
agreed upon by the parties to this Subcontract. These form the Subcontract, and areas fully a part of the Subcontract
and are as fully apart of the Subcontract as if attached to this Agreement or repeated herein,
1.2 Copies of the above documents which are applicable to the Work under this Subcontract shall be furnished to the
Subcontractor upon his rcqueat. An enumeration of the applicable Contract Documents appears in Article 15,
ARTTCL)E 2
T1F, WORK
2.1 The Subcontractor shall perform all the work required by the Contract Documents for;
a4cm imort a preetse do iption of ilu Work coVMd try No Subcontmd And refer to numbon 6 rhawntgs and tmnoa of SpeelAcationa inchtding Addenda.
Modifloatim.4 And accepted Altemon.)
All labor, materials & equipment to complete the following Scope of Work in accordance with the Plans
Specifications and Addendums as detailed under Article 15.2 of this Subcontract and per your Proposal
Dated July 3rd 2008 attached as part of this Subcontract:
Erosion control:
Site grading and excavation Including foundations
Stone under slab and sidewalks
Curb excavation and backfill
Holding tank
Sanitary Sewer
Water service, including meter pit for 601 service paving
Rock excavation at 220 per c.y.
Per attached Scope dated July Yd 2008
ARTTCLE 3
TIME OF COMMENCEMENT AND SU)BSTANT.TAL COMPLETION
3.1 The work to be performed under this Subcontract shall be commenced as scheduled with the job Superintendent and
subject to authorized adjustments, shall be substantially completed not later than as scheduled by the Tob Super-
intendent.
(Here meat d1o spocifc provisions that arc applicable to this Subeon net including any Infomodon pertaining to notice to proceed or other method of
modification for conmmncemenl: of Work, starting and completion deep, or dumdon, and any provislona for liquidated danngpt relft*g to failure to complete
mt tin-)
3.2 Time is of the essence of this Subcontract.
33 No extension of time will be valid without the Contractor's written consent after claim made by the Subcontractor
in accordance with Paragraph 1 1.10.
AR
J1CLE 4
THE CONTRACT SUM
4.1 The Contractor shall pay the Subcontractor in current funds for the performance of the Work, subject to additions and
deductions authorized pursuant to Paragraph 11.9, the Contract Sum of ---ONE HUNDRED AND FORTY-SEVEN
I HOUSAND,SIX HUNDRED AND l3IGHTYX ONE DOLLARS AND ------------------
--°---------------- ---- ------------ --- -00/100 Dollars (5147,681.00) Tax Tncluded,
Contract determined as follows!
(State It= rho base bid or otbcr lump sum amount, acocoted alternates, and unit prices As applicable.)
RICHARD P. KRALL, INC.
-2-
ARTICLE 5
PROGRESS PAYMENTS
5,1 The Contractor shall pay the Subcontractor monthly progress payments in accordance with Paragraph 12.4 of this
Subcontract.
51 Applications for monthly progress payments shall be in writing and in accordance with Paragraph 11.8, shall state the
estimated percentage of the Work in this Subcontract that has been satisfactorily completed and shall be submitted to the
Contractor on or before the Twenty-Fifth (25th) day of each month.
(Hem haaen dctailg on (i) payrnent piroeedacea and date of monthly nppiicatiwu, of other procedure if on other thnn a monthly hgsh, (2) the basis on which
payment will he nmdc on account of materials and equipment miably stared at the site or other location agreed upon In wrmns, and (3) any pmvigimm
eangigtent with the Cnnlraci DocwncoU for limiting or roducing tlae arhpipat 1epia,ad after the Work reaches a eortain stage of eonglction.)
Monthly Payment Request matt be submitted on the AIA Document 03702 Application and Certificate for
Payment (copy attached) no later than the date stated above. Ten Percent (10%) RetainaRe will be hold
on all payments. Failure to comply will cause immediate rejection of the payment request,
5.3 When the Subcontractor's Work or a designated portion thereof is substantially complete and in accordance with the
Contract Documents, the Contractor shall, upon application by the Subcontractor, make prompt application for payment
of such Work, Within Thirty (30) days following issuance by the Architect of the Certificate for Payment covering such
substantial ly completed Work, the Contractor shall, to the full extent provided in the Contract Documents, make payment
to the Subcontractor of the entire unpaid balance of the Contract Sum or of that portion of the Contract Sum attributable
to the substantially completed Work,, loss any portion of the fiends for the Subcontractor's Work withheld in aecordancewith the
Certificate to cover costs of items to be completed or corrected by the Subcontractor.
(Delete die abow Paragraph if the Contract Docutrents do not provida for, aid the Subcontractot egrocs to forego, release of rctainaxc for the Subconrraclors
Work prior to cornpladon of the entire Project)
5.4 progress payments or final payment due and unpaid under this Subcontract shall bear interest from the date payment is
due at the rate entered below or, in the absence thereof, at the legal rate prevailing at the place of the Project,
(Here insert any rate of interest shoed upon,)
N/A
(Usury lawn acid regtAr mcnb order the leadetal Truth in Lending Art similar state and local eomancr credit laws and other teguladmti u the Ownces,
Conkacioes and Suheontmoiot'a principal placer of business. die location of rho Project and clacwhare may affect the validity of aria provision
Speaille legal pdvisc shotdd be obhlned with tcspoot to dolotion, modiMcation, or other requlRmentq such as written dkelMmes or waivers.)
ARTICLE 6
FTNAL PAYMEN"'
6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be due when the Work described in this Subcontract
is fully completed and performed in accordance with the Contract Documents and is satisfactory to the
Architect, and shall be payable as follows, in accordance with Article 5 and with Paragraph 12,4 of this Subcontract-
(Hare insert Ibo relevant conditions under which, of time in which, rwal payment witl become payable.)
Final payment payable Thirty (30) Days after completion and acceptance of finished
project by the Owner and/or Architect.
6,2 Before issuance of the final payment, the Subcontractor, if requirod, shall submit evidence satisfactory to the Contractor
that all payrolls, bills for materials and equipment, and all known indebtedness connected with the Subcontractor's Work
have boon satisfied.
ARTICLE 7
PEiItF'ORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONA
(Here nwrt any ragnlraeeunt for the fiartishing of bonds by IN% S„heohiraetor)
.3_
A MCL 8
TEMPORARY FACILITIES AND SERViC.ES
8.1 Unless otherwise provided in this Subcontract, the Contractor shall furnish and make available at no cost to the
Subcontractor the following temporary facilities and services:
Sanitary•roilet
Electric
ARTICLE 9
INSURANCE
9.1 Prior to starting work, the Subcontractor shall obtain the required insurance from a responsible insurer, and shall
furnish satisfactory evidence to the Contractor that the Subcontractor has compiled with the requirements of this A.rtiolo
9. Similarly, the Contractor shall furnish to the Subcontractor satisfactory evidence of insurance required of the
Contractor by the Contract Documents.
9.2 The Contractor and Subcontractor waive all rights against each other and against the Owner, the Architect, separate
contractors and all other subcontractors for damages caused by fire or other per il$ to the extent covered by property
insurance provided under the General Conditions, except such rights as they may have to the proceeds of such
insurance.
(Hue Won any irsuronce rcquirenronts and SubcontracbPs rbpontalAk fir obtaitdog, maintaining and paying ft nocesmary insurr m wkh lirtub equaling
those Willed into Contract Documeno arld inscrtod below, or required by law. if applidblc, this shall *+eludc t3rc Insursrtce and extended covcnite,
public liability, property datruge, employers liability, and workers' or wor tin's compenatidon %tp>,tnee for the Subcontractor and his employees, The
inscmtian should cover provision for notice of cance(lation, allocation of main nee proceeds, ofd other aspects of rtbtaanoo).
Insurance shall conform to requirements as stated in Speeltication Manual and attached.Exbibit A.
INSUaANCE CERTIPICATibS SHOULD STAM NAMING MiLLEk & NORFORD, INC. and KNiSELY LAND 8470,PTING
AS ADDITIONAL MUM FOR New Facility for Kula* Land sculpting 19 North Rooln Road, Kula PA. IM5.
Work by Chia Subeontrmtw will not commence until rANefactery evldewe of Insurance has been fnr0lshM.
Minor & Norrard, lac. to be the certificate holder.
ARTIST 10
WORKING CONbITIONS
(Sere insert any *mlhubla otrn tpmnts eonomilot workhk., conditions and labor matim for the Project)
Snbcontractor is responsible for clean-op and removal from the job site of all debris generated In the
performance of his work. If Subcontractor faits to clean-up and remove debris from Site, Miller & Noribrd,
inc. reserves the right to do so and back charge against this Agreement.
ARTICLE U
ADDITIONAL WORK
All Additions and/or Deletions to Contract Drawings and Specifications which includes cost shall not
commence until written Change Order has been approved and issued by the Owner and Contractor.
.4.
GENERAL CONDITIO
ARTICLE 11. 11.2.6 The Subcontractor shall pay for all materials,
SUBCONTRACIO-R equipment and labor used in, or in connection with, the
performance of this Subcontract through the period covered
11.1 Rights and Responsibilities by previous payments received from the Contractor, and shall
furnish satisfactory evidence, when requested by the
11.1.1 The Subcontractor shall be bound to the Contractor Contractor, to verify complimice with the abOVC require-
by the terms of this Agreement and, to the extend that pro- mcnts,
visions of the Contract Documents between the Owner and
Contractor apply to the Work of the Subcontractor as
defined in this Agreement, the Subcontractot shall assume
toward the Contractor all the obligations and tosponsi-
bilities which the Contractor, by those Documents, assumes
toward the Owner and the Architect, and shall have the
benefit of all rights, remedies and redress against the
Contractor which the Contractor, by those Documents, has
against the Owner, insofar as applicable to this Subcon-
tract, providod that where any provision of the Contract
Documents between the Owner and Contractor is inconsis-
tent with any provision of this Agreement, this Agreement
shall govern.
11,1,2 The Subcontractor shall not assign this subcontract
without the written consent of the Contractor, nor subcontract the
whole of this Subcontract without the written consent of the
Contractor, not further subcontract
portions of this Subcontract without written notification to
the Contractor when such notification is requested by the
Contractor. The Subcontractor shall not assign any atnounts due
or to become due under this Subcontract without written notice to
the Contractor.
113 Laws, Permits, Fees and Notices
11.3.1 The Subcontractor shall give all notices and
comply with all laws, ordinances, rules, regulations and
orders of any public authority boating on the performance
of the Work under this Subcontract. Titc Subcontractor
shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for the proper execution
and completion of the Subcontractor's Work, the furnishing
of which is required of the Contractor by the Contract
Documents.
11.3.2 The Subcontractor shall comply with Federal,
State and local tax laws, social security acts, unemploy-
ment compensation acts and workers' or workmert's compensation
acts insofar as applicable to the performancc
of this Subcontract.
11.4 Work of Others
11.4.1 In carrying out his Work, the Subcontractor shall
take nocessary precautions to protect properly the finished
work of other trades from damage caused by his operations.
11.2 Execution and Progress of the Work
11.2.1 The Subcontractor agrees tbat the Contractor's
equipment will be available to the Subcontractor only at the
Contractor's descretion and on mutually satisfactory terms.
11.2.2 .The Subcontractor shall cooperate with the Contractor is
scheduling and performing his work to avoid
conflict or interference with the work of others.
11.2.3 The Subcontractor shall promptly submit shop
drawings and samples requited in order to perform his Work
efficiently, expeditiously and in a manner that will
not cause delay in the progress of the Work of the Contrator or
other subcontractors.
1 1.2.4 The Subcontractor shall furnish periodic progress reports
on the Work as mutually agreed, including informa-
tion on the status of materials and equipment under this
Subcontract which maybe in the course of preparation or
manufacture.
11.2.5 The Subcontractor agrees that all Work shall be done
subject to the final approval of the Architect. The
Architect's decision in matters, rotating to artistic effect
shall be final if consistent with the intent of the Contract
Documents.
11.4,2 The Subcontmetot shall cooperate with the Con-
tractor and other subcontractors whose work might interfere
with the Subcontractor's Work, and shall participate in the
preparation of coordinated drawings in areas of congestion
as required by the Contract Documents, spcfificaily noting and
advising the Contractor of any such interference.
11.5 Safety Precautions sad Procedures
l.1..5.I The Subcontractor shall take all reasonable safety
precautions with respect to his Work, shall comply with all
safety measures initiated by the Contractor and with all
applicable laws, ordinances, rules, regulations and orders of any
public authorityfor the safety of persons or property in
accordance with the requirements of the Contract Documents.
The Subcontractor shall report within three days to the Contractor
any injury to any of the Subcon-
tractor's employees at the site.
11.6 Cleaning Up
11.6.1 The Subcontractor shall at all times keep the premises
free from accumulation of waste materials or rubbish arising out
of the operations of this Subcontract.
Unless otherwise provided, the Subcontractor shall not be
held responsible for unclean conditions caused by other
contractors or subcontractors.
11.7 Warranty
1.1.7.1 The Subcontractor warrants to the Owner, the
Architect and the Contractor that all materials and
equipment fumishod shall be new unless otherwise
specified, and that all work under this Subcontract shall
be of good quality, fret from faults and defects and in
conformance with the Contract Documents. All Work not
conforming to these requirements, including substitutions
not properly approved and authorized, may be considered
defective. The warranty provided in this Paragraph 11.7
shall be in addition to and not in limitation of any
other warranty or remedy required by law or by the
Contract Documents.
11.8 Applications for Payment
11.8.1 The Subcontractor shall submit to the Contractor
applications for payment at such times as stipulated in
Article 5 to enable the Contractor to apply for payment.
11.8.2 If payments arc made on the valuation of Work done, the
Subcontractor shall, before the first application,
submit to the Contractor a. schedule of values of the various parts
of the Work aggregating the total sum of this Subcon-
tract, made out in such detail as the Subcontractor and
Contractor may agree upon or as required by the Own cr, and
supported by such evidence as to its correctness as the
Contractor may direct. This schedule, when approved by the
Contractor, shall be used only as a basis for Applica-
tions for Payment, unless it be found to be in error. In
applying for payment, the Subcontractor shall submit a.
statement based upon this schedule.
11.8.3 If payments are made on account of materials or
equipment not incorporated in the Work but delivered and
suitably stored at the site or at some other location agreed
upon in writing, such payments shall be in accordance with the
Terms and Conditions of the Contract Documents.
11.9 Change in the Work
11.9.1 The Subcontractor maybe ordered in writing by the
Contractor, without invalidating this Subcontract, to make
changes in the Work within the general scope of this Sub.
contract consisting of additions, deletions or other revisions,
the Contract Sum and the Contract Time being adjusted
accordingly. The Subcontractor, prior to the commence-
ment of such changed or revised Work, shall submit promptly to
the Contractor written copies of any claim for
adjustment to the Contract Sum and Contract Time for such
revised Work in a manner consistent with the Contract
Documents.
11.10 Claims of the Subcontractor
1130.1 Subcontractor shall make all claims promptly to the
Contractor for additional cost, extensions of time, and damages
for delays or other causes in accordance with the Contract
Documents. Any such claim which will affect or become part of
a claim which the Contractor is required to
payment of the amount owing has been received, The Contract
Sum shall, by appropriate adjustment, be increased
by the amount of the Subcontractor's reasonable costs of
make raider the Cot t Documents within a specified time .
period or in a specifies manner shall be made in sufficient time to
permit the Contractor to satisfy the requirements of the Contract
Documents. Such claims shall be received by the Contractor not
less than two working days preceding the time by which the
Contractor's claim must be made. Failure of the Subcontractor to
make such a timely claim shall bind the Subcontractor to the same
consequences as those to which the Contractor is bound,
11.11 indemnification
11.11.1 To the fullest extent permitted bylaw, the Subbcontactot
shall indemnify and hold harmless the Owner,
the Architect and the Contractor and all of their agents and
employees from and against all claims, damages, losses and
cxpenscs, including but not limited to attorneys fees, arising out
of or resulting from the performance of the Subcontractor's Work
under this Subcontract, provided that
any such claim, damage, loss, or expense is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom, to the extent
caused in whole or in part by any negligent act or omission
of the Subcontractor or anyone directly employed by him or
anyone for whose acts he may be liable, regardless of whether it
is caused in part by a party indemnified here-
under, Such obligation shall not be construed to negate, or
abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person
described in this Paragraph i 1.11.
11.11.2 In any and all claims against the Owner, the Architect,
or the Contractor or any of their agents or employees by any
employee of the Subcontractor, anyone directly or indirectly
employed by him or anyone for whose acts he may be liable, the
indemnification obligation under this Paragraph 11..11 shall not
be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the
Subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
11.11.3 The obligations of the Subcontractor under this
Paragmph 11.11 shall not extend to the liability of the Architect,
his agents or employees arising out of (1) the preparation or
approval of maps, drawings, opinions, reports, surveys, Change
Orders, designs or specifications,
or (2) giving of or the failure to give directions or instructions by
the Architect, his agents or employees pro-
vided such giving or failure to give is the primary cause of the
injury or damage.
11.12 Subcontractor's Remedies
11.12.1 If the Contractor does not pay the Subcontractor
through no fault of the Subcontractor, within seven days from the
time payment should be made as provided in Paragraph 12A, the
Subcontractor may, without prejudice to any other remedy he may
have, upon seven additional days' written notice to the Contractor,
stop his Work until
shutdown, delay and start-up.
ARTICLE 1.2
CONTRACTC-
12.1 Rights and Responsibfities
12.1.1 The Contractor shall be bound to the Subcontractor by
the terms of this Agreement, and to the extent that provisions of
the Contract Documents between the Owner and the Contractor
apply to the Work of the Subcontractor as defined in this
Agreement, the Contractor shall assume toward the Subcontractor
all the obligations and the
responsibilities that the Owner, by those Documents, assumes
toward the Contractor, and shall have the benefit of all rights,
remedies and redress against the Subcontractor
which the Owner, by those Documents, has against the
Contractor. Where any provision of the Contract Documents
between the Owner and the Contractor is inconsistent with any
provisions of this Agreement, this Agreement shall govern,
12.2 Services Provided by the Contractor
12.2,1 The Contractor shall cooperate with the Sub-
contractor in scheduling and performing his Work to avoid
conflicts or interference in the Subcontractor's Work, and
shall expedite written responses to submittals made by the
Subcontractor in accordance with Paragraphs 11.2, 11.9 and
11.10 As soon as practicable after execution of this Agreement,
the Contractor shall provide the Subcontractor a copy of the
estimated progress schedule of the Contractor's
entire Work which the Contractor has prepared and submitted for
the Owner's and Architect's information to-
gethcr with such additional scheduling details as will enable
the Subcontractor to plan and perform his Work properly, The
Subcontractor shall bo notified promptly of any subsequent
changes in the progress schedule and the additional scheduling
details.
12.2.2 The Contractor shall provide suitable areas for storage of
the Subcontractor's materials and equipment during the course of
the Work. Any additional costs to the
Subcontractor resulting from the relocation of such facilities at
the direction of the Contractor shall be reimbursed by the
Contractor.
12.3.1 The Contractor shall promptly notify the Subcontractor
of all modifications to the Contract between the Owner and the
Contractor which affect this Subcontract and which were issued
or entered into subsequent to the execution of this Subcontract.
12.3.2 The Contractor shall not give instructions or orders
directly to employees or workmen of the Subcontractor except to
persons designated as authorized representatives of the
Subcontractor.
12.4 Payments to the Subcontractor
12.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall pay the Subcontractor each progress payment
and the final payment under this Subcontract within three
working days after he receives payment from the Owner, except
however, that if such action is based upon faulty workmanship or
materials and equipment, the Architect shall first havc determined
that the workmanship or
materials and equipment are not in accordance with
the Contract Documents.
as provided in Sub; raph 12.43 The amount of each progress
payment to the Subcontractor shall be the amount to which the
Subcontractor is entitled, reflecting the percentage
of completion allowed to the Contractor for the Work of this
Subcontractor applied to the Contract Sum of this Subcontract,
and the percentage actually retained, if any
from payments to the Contractor on account of such
Subcontractor's Work,, plus, to the extent permitted by the
Contract Documents, the amount allowed for materials and
equipment suitably stored by the Subcontractor, less the aggregate
of previous payments to the Subcontractor.
12.4.2 The Contractor shall permit the Subcontractor to request
directly from the Architect information regarding the percentages
of completion or the amount certified on account of Work done
by the Subcontractor.
12.4.3 If the Architect does not issue a Certificate for Payment
or the Contractor does not receive payment for any cause which is
not the fault of the Subcontractor, the Contractor shall pay the
Subcontractor, on demand, a progress payment computed as
provided in Subparagrah 12.4.1 or the final payment as provided
in Article 6,
12.5 Claims by the Contractor
12.5.1 The Contractor shall make no demand for liquidated
damaged for delay in any sum in excess of such amount as may
be specifically named in this Subcontract, and liquidated damages
shall be assessed against this Subcontractor only for his negligent
acts and his failure to act in accordance with the terms of this
Agreement, and in no case for delays or causes arising outside the
scope of this Subcontract, or for which other subcontractors are
responsible.
12.5.2 Except as maybe indicated in this Agreement, the
Contractor agrees that no claim for payment for services rendered
or materials and equipment furnished by the Contractor to the
Subcontractor shall be valid without prior
notice to the Subcontractor and unless written notice thereof is
given by the Contractor to the Subcontractor not
later than the tenth day of the calendar month following that in
which the claim originated.
12.6 Contractor's Remedies
12.6.1 If the Subcontractor defaults or neglects to carry out the
Work in accordance with this Agreement and fails with-
in three working days after receipt of written notice from the
Contractor to commence and continue correction of such default
or neglect with diligence and promptness, the
Contractor may, after three days following receipt by the
Subcontractor of an additi onal written notice, and without
prejudice to any other remedy he may have, make good such
dofieicncies and may deduct the cost thereof from tic
payments then or thereafter due the Subcontractor, provided
ARTICLE 13
ARBITRATION
13.1 ' All claims, disputes and other t. . rs in question
arising out of, or relating, to this Subcontract, or the breach
thereof, shall be decided by arbitration, which shall be con-
ducted in the same manner and under the same procedure as
provided in the Contract Documents with respect to disputes
between the Owner and the Contractor, except that a decision by
the Architect shall not be a condition pre-
cedent to arbitration. If the Contract Documents do not
provide for arbitration or fail to specify the manner and
procedure for arbitration, it shall be conducted in
accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association then obtaining un-
less the parties mutually agree otherwise,
13.2 Except by written consent of the person or entity
sought to be joined, no arbitration arising out of or relating
to the Contract Documents shall include, by consolidation,
joinder or in any other manner, any person or entity not a party to
the Agreement under which such arbitration arises,
unless it is shown at the time the demand for arbitration is
filed that (1) such person or entity is substantially involved
in a common question of fact of law, (2) the presence of such
person or entity is required if complete relief is to be
accorded in the arbitration, (3) the interest or responsibility
of such person or entity in the matter is not insubstantial, and (4)
such person or entity is not the Architect, his employee or his
consultant. This agreement to arbitrate and any other written
agreement to arbitrate with an additional person or persons,
referred to herein shall be specifically
enforceable under the prevailing arbitration law.
13.3 The Contractor shall permit the Subcontractor to be
present and to submit evidence in any arbitration proceeding
involving his rights.
13.4 The Contractor shall permit the Subcontractor to exercise
whatever rights the Contractor may have under the
Contract Documents in the choice of arbitrators in any dispute, if
the sole cause of the dispute is the Work, materials, equipment,
rights or responsibilities of the Subcontractor; or if the dispute
involves the Subcontractor
and any other subcontractor or subcontractors jointly, the
Contractor shall permit them to exercise such rights jointly.
13.5 The award rendered by the Arbitrators shall be final, and
judgement may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof,
13.6 This Article shall not be deemed a limitation of any
rights or remedies which the Subcontractor may have under any
Federal or State mechanics' lion laws or under any applicable
labor and material payment bonds unless such rights or remedies
are expressly waived by him.
A 1CLE 14
TERMINATION
14.1 JCr Jtiation by the Subcontractor
14.4.1 if the Work is stopped for aperiod of thirty days through
no fault of the Subcontractor because the Contractor has not
made payments thcrcon as provided in this Agreement, then the
Subcontractor may without prejudice to any other remedy he may
have, upon seven a anal days' written notice to the Contractor,
terminate
this Subcontract and recover from the Contractor payment for all
Work executed and for any proven loss resulting from the
stoppage of the Work, including reasonable overhead, profit and
damages.
14.2 Termination by the Contractor
14.2.1 If the Subcontractor persistently or repeatedly fails or
neglects to carry our the Work in accordance with the Contract
Documents or otherwise to perform in accordance with this
Agreement and fails within seven days after, receipt of written
notice to commence and continue correction of such default or
neglect with diligence and promptness, the
Contractor may, after seven days following receipt by the
Subcontractor of an additional written notice and without
prejudice to arty other remedy he may have, termina.tc the
Subcontract and finish the Work by whatever method he may
deem expedient, if the unpaid balance of the Contract Sum
exceeds the expense of finishing the Work, such excess shall be
paid to the Subcontractor, but if such expense exceeds such
unpaid balance, the Subcontractor shall pay the difference to the
Contractor.
AWNDMENT TO 14.2,1
If the Subcontractor fails or neglects to progress and perform the
work; including but not necessarily limited to quality and quantity
of work force and, quality and quantity of materials and
equipment; in accordance with the Contract Documents and fails
within forty-eight (48) hours after receipt of written notice to
remedy any deficiencies of such default or neglect with diligence
and promptness, the Contractor may at his sole discretion, after
forty-eight (48) hours following proper notification and without
prejudice to any other remedy he may have, terminate the
Subcontract and finish the work by whatever method he may
deem expedient.
Payment for Subcontracts, materials, labor and equipment
replacing this Subcontract shall be made from the balance of
funds remaining in the Subcontractor's Account. Should said
expenses exceed those funds remaining, the Subcontractor shall
be liable for the difference and make payment to the Contractor in
the amount of said difference.
A TICLE 15
MISCELLANEOUS PROVISIONS
151 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in
those Conditions.
15.2 The Contract Documents, which constitute the entire Agrcerrlent between the Owner and the Contractor arc listed in
Article I, and the documents which are applicable to this Subcontract except for Addenda and Modifications issued
after execution of this Subcontract, are enumerated as follows:
(U,t below the Agreement, the Condition, of the Contr,,ct (Georat, Stq,ploft"Ury, amt other Conditiona), the Drawings, the 9peeificatim, and ally Addenda
and accepted Altemitcs, Anwing pago or sheet mnnbcm hr all Melt and dates where applicable, Conlinuc on Ruececding page as noy,tired).
All contents of tho specification manual onfitlod "spccificadons for new facility for Kni,"cty land sontptins', 19 North Enoto Road, Enola. Earl Ponusborn Township,
Ctnn6mland County, Pennsylvania, dated ,time 16, 2008.
nRAWINIG$ PRRPAR9P fly WILt.TGEROD AND MACAVOY P.C. DATED AS STATED BELOW;
All CONTENTS OF THE SPECIFICATION MANUAL ENTITLED "SPECIFICATIONS, POR NEW FACILITY FOR KNISELV LAND
SCULPTING" 19 NORTH ENOLA ROAD, ENOLA, PA DATED JUNE 16, .ZOOS.
NAIZUE jV9 Pk9
Civil Engineering
1 orb Cover Sheet 2-2f-07
20(d Rxistlnd Features Plan 4-16.07
7 of o Site Plan 6.10-07 Revised 6.1 mg
d of 6 Grading/Udilty Plans 6-10.07 Revlccd &10-08
5 of 6 Erosion & Sedimant Control Plan 6.10-07 Revised 6.104)g
6 01 `6 Details 6-10-07 Revised 6.10-08
Inronnatlon
CS1.00 C.over/rnformation Sheet 06.16-08
Architaetttral
A1.00 Floor Plan 06.16418 Reyked 7.22-88
A1.01 Roof Plan. Details, Trill" Rooms 06.16-08 Revised 7-12-08
A.2.00 rtevatlo s 06.0.08
A2.01 Wall Sections & Dataila 06.16.08 Revised 7.22-08
A2.02 Wall Seedon, & Details NS-16-0E Revised 7-22.08
A3.00 Window, Door & Flnlah S&WIdes & Miltwnrlc 06-16-08 Revised 7•ZZ.001
A4.00 Reflected Ceiling Plan W16.08 Revised 7.22.08
Structural
61.00 Poundatlon Plan, Details & Schedules 06.16.08
51.01 Second floor & Root Framtiog Plans 06-16-08
Mechanical & Electrical -
DsalRn/ilydld Scopes of Work
M1.00 HVAC Plan 06-16-08
P1.00 Plumbing Plan 06-16-08
E1.00 Electrical Switching Plan 06.16-06
E.1.01 Elettrical Power Plan 06-I&OR
ADDRNbUM 91 DATED 06.244008 Prepnrrd by W1111erod & MacAvoy
Subcontractors arc responsiblc for;
-Daily dean-up.
-Coardinatian with other Tmtk-,5
-Protection of Adjaoont finishad work installnl by prelieetwr trades.
-Safety Shtndarda, etc. as required by OSHA.
"THE SUBCONTRACTOR HEREBY ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR ANY
AND ALL DAMAGE AND iNaURY OF ANY KIND OR NATURE WHATSOEVER TO ALL PERSONS,
WHETHER EMPLOYERS OR OTHERWISE, AND TO ALL PROPERTY, GROWING OUT OF, OR
RESULTING FROM THE LABOR OR MATERIAL OR BOTH USED IN THE PERFORMANCE OF THIS
CONTRACT OR OCCURRING IN CONNECTION THEREWITH, ANb AGREES TO INDEMNIFY AND
SAVE HARMLWS THE CONTRACTOR AND/OR OWNER AND THEIR AGENTS, SERVANTS, AND
EMPLOYEES FROM AND AGAINST ANY AND ALL LORE, EXPENSE, INCLUDING LEGAL MES AND
DISBURSEMENTS, riNES AND PENAI,TTES ASSESRRD BY OSHA OR ANOTHER C.QvR1t, MENTAL
AGENCY, DAMAGE ORWUIZY GROWING OUT OF, OR RESULTING THEREFROM, OR
OCCURRING IN CONNECTION THEREWITH,
This Agreement entered into as of the day and year first written above.
CONTRACTOR:
MILLER N R " INC.
r
Ryan J. Silvagim Prt:sident
SUBCONTRACTOR:
ERMIT A
ARTICLE 10 INSURANCE AND BONDS
'I'fye Coatrnotor sbzR pm-chasc and maintain msuraact anu provide b0uds as = :orw i s Art& 11. of AiA Docnme=
A2.01-20D7.
(3=w ,banding regadremeyas, (f any, and limds of liability fer insurance reguimd in Article 11 ofAIA Docy-me, t
A-201-20077.)
Type of insucame or bond -U nrff of Habfl4ly or bond amount ($ 0.00)
Wor1mm's Compensation Statutory
Caz=ctor's PdAic Liability:
Fotsanat Imurp $500,000/51,OOO,D00
ftpcrty D&MOV 51001000200,000
Coaftotor's Cmringent Liability:
pen, mat b1my $1,000,I000
'pmperty•Dw=p x100.0001$2001000
Antomotnic I'nblia Liability
Perscrual Nmy $1,000,000
propt cty D mW $100,000 each o=arrerice
Richard E. I mil, Im
60 Yeager RDad
P.O. Box 59
Rossville, PA 17358
Phone: 717-432-41.79
Bill To
Mil..I,1;R & NORFORD, INC.
700 Ayers ,Ave..
Lemoyne, PA 17043
Fax: 717-432-3229
.rl'1* t
Invoice
Date Invoice #
1.1114/2008 12975
P.O. No. Terms Project
Knisley Land Nct 15 Days 081 15
Quantity Description Rate Amount
Programs bill #2 Knisley Land Sculptor
Progress Billing 24,232.50 24,232.50
?, 1q 1 ?oo?
C 3'7 50W
1.5% SERVICE CHARGE AFTER 30 DAYS
Total F24,232.50
EXHOT
? C
,MTJ
Richard. E. Krall, inc.
60 `'eager Road
P.O. Box 59
Rossville, PA 17358
Phone: 717-432-41.79
Bill To
MILLER & NORFORD, INC.
700 Ayers Ave,
Lemoync, P..A 17043
Fax: 717-432-3229
Invoice
Date Invoice #
12/30/2008 13000
P.O. No. Terms Project
Kntslcy Net 15 Days 08115
Quant+ty Description Rate Amount
Progress bill #3 Knisicy t and sculptor
Progress Billing 38,299.50 38.299.50
1.5% 13ERVJC,P CRARCrE A.FM..R 30 DAYS
Total $38,299.50
Richard E. Krall, Jn
64 Yeager Road
P.O. Box 59
Roseville, PA 17358
Phone: 717-432-4179 Fax: 717-432-3229
Bill To
MILLER & NORFORD, INC.
700 Ayers Avc.
Lemoyne, PA 17043
Invoice
Date Invoice #
4/29/2009 13144
P.O. No. Terms Project
Kinslcy 'let 15 Days 08115
Quantity Description Rate Amount
1 Progress bill #5 Kinslcy Land Sculptor
Progress Billing
19,863.00
19,863.00
1.5% SERVICE CHARGE AFTER 30 DAYS
Total $19,863.00
Richard E. Krall, inc.
60 Yeager Road
P.O. Box 59
Rossville, PA 17358
Phone: 717-432-4179
Fax: 717-432-3229
Bill To
MILLER & NORFORD, INC.
700 Ayers Ave.
Lemoyne, .PA 17043
Invoice
Date Invoice #
212712009 13088
P.O. No. Terms Project
Knislay Not 15 Days 013115
Quantity Description Rate Amount
Progross bill #4, Knislcy Land Sculptor
Progrecc Billing
5,393.70
5,393.70
1.5% SERV1C1i CHARGE AFTER 30 DAYS
Total 55.39170
FILE COPY
RICHARD E. KRALL, INC.
CLAIMANT
vs.
JAMES G. KNISELY AND
CAROLINE L. KNISELY
OWNER
and
MILLER & NORFORD, INC.
CONTRACTOR
NOTICE OF INTENTION
TO FILE
MECHANICS' LIEN CLAIM
August 12, 2009
TO: JAMES G. KNISLEY
3822 Pamay Drive
Mechanicsburg, PA 17050
MILLER & NORFORD, INC.
700 Ayers Avenue
Lemoyne, PA 17043
CAROLINE L. KNISELY
3822 Pamay Drive
Mechanicsburg, PA 17050
This is to notify you that Richard E. Krall, Inc. intends to file a Mechanics' Lien Claim
against certain property, owned by you and known as the Knisely Garden Center, located
along U. S. Route 11/15 in East Pennsboro Township, Cumberland County, having a street
address of S Enola Drive (the "Property"), Parcel ID No. 09-15-1291-336, and more
particularly described in a certain Deed, dated June 23, 2004, and recorded in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania in Record Book 00263,
at page 03488.
In compliance with the requirements of the Pennsylvania Mechanics' Lien law of
1963, 49 P.S. Section 1501, as amended, Richard E. Krall, Inc. (the "Claimant") hereby
sets forth the following:
The name of the Claimant is Richard E. Krall, Inc..
2. Miller & Norford, Inc. is the name of the person with which the Claimant has
contracted.
3. The amount still owing by the said Contractor to Claimant is $35,011.00
together with lawful interest thereon from May 29, 2009.
EXHIBIT
I - p
4. The nature and character of the work for which payment is claimed is:
site grading and excavation (including foundations), curb excavation and
backfill, holding tank, sanitary sewer, and meter pit for water service, all of
such work being incidental to the erection and construction of the Knisely
Garden Center constructed on the Property.
5. Claimant has received no further payment from the said Contractor for the
labor and materials provided to the Property by Claimant, resulting in an
account balance of $35,011.00.
6. The last labor or materials furnished to the Property was provided by
Claimant on March 31, 2009, which is the date of completion of the work.
Unless the total amount due Claimant, as aforesaid, is paid to Claimant within thirty (30)
days from the date of service of this Notice upon you, Claimant intends to file a Mechanics'
Lien Claim against the Property described above.
Date: August 12, 2009 RICHARD E. KRALL, INC.
By: z9" 4411-
,/George MacDonald
Attorney for Claimant
Kagen, MacDonald & France, PC
2675 Eastern Boulevard
York, PA 17402
717) 757-4565 tel
717) 755-4708 fax
gmacdonaldO-yorklaw. com
gem/UT/mechlien. dWKral Vnotice. intent
CERTIFICATE OF SERVICE
And now, this -e day of August, 2009, I, GEORGE E. MacDONALD, ESQ., of
the law firm of Kagen, MacDonald & France, P.C., attorneys for Plaintiff, Richard E.
Krall, Inc., hereby certify that I have this day served a copy of the Notice of Intention
to file Mechanics Lien Claim by depositing the same in the United States Mail, postage
prepaid, at York, Pennsylvania, addressed to:
JAMES G. KNISELY CAROLINE L. KNISELY
3822 Pamay Drive 3822 Pamay Drive
Mechanicsburg, PA 17050 Mechanicsburg, PA 17050
MILLER & NORFORD, INC.
700 Ayers Avenue
Lemoyne, PA 17043
KAGEN, MacDONALD & FRANCE, P.C.
By: -ow-ov
G e E. MacDonald, Esquire
Pa. ID #28007
2675 Eastern Boulevard
York, Pennsylvania 17402
Telephone: (717) 757-4565
?
? ?-
c`t ?
T
C. :: 1
y
11
?? ? ?
C..?
c ?
4.:?
Cv
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
RICHARD E. KRALL, INC.
CLAIMANT
vs.
JAMES G. KNISELY AND NO. Oq-- 6 ? 411 M 0
CAROLINE L. KNISELY
OWNER
and =MILLER & NORFORD, INC.
CONTRACTOR :
- - ?l
MECHANICS' LIEN CLAIM
In compliance with the requirements of the Pennsylvania Mechanics' Lien law of
1963, 49 P.S. Section 1503, Richard E. Krall, Inc. (the "Claimant") files this Mechanics'
Lien Claim against certain property of James G. Knisely and Caroline L. Knisely, husband
and wife ("Owner") situate in East Pennsboro Township, Cumberland County, having a
street address of South Enola Drive, and more particularly described in the legal
E
description attached hereto as Exhibit "A" (the "Property"), whereof the following is a
statement of its claim:
1. The name of the Claimant is Richard E. Krall, Inc., a Pennsylvania corpora-
tion having a place of business at 60 Yeager Road, Rossville, York County, Pennsylvania.
2. The name of the owner of the Property at the time of the furnishing of labor
and services and the attaching of this lien is the aforesaid James G. Knisely and Caroline
L. Knisely ("Owner"), having an address at 3822 Pamay Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. The name of the person to whom Claimant furnished materials is the
aforesaid Miller & Norford, Inc. ("Contractor"), a Pennsylvania corporation having a place
of business at 700 Ayers Avenue, Lemoyne, Pennsylvania 17043. Contractor is a general
contractor who contracted directly with the Owner.
4. Pursuant to a written subcontract with the Contractor, Claimant acted as a
subcontractor to Contractor, furnishing labor and materials incidental to the erection and
construction of the Knisely Garden Center on the Property. A true and correct copy of the
Subcontract, dated August 21, 2008 (the "Subcontract"), entered into between Claimant
and Contractor is attached hereto as Exhibit "B" and incorporated herein by this reference.
5. The labor and materials provided by Claimant consisted of: site grading and
excavation (including foundations), curb excavation and backfill, holding tank, sanitary
sewer, and meter pit for water. The exact nature and description of such labor and
2
material is specifically set forth in the Claimant's proposal letter, dated July 3, 2008, which
is included as part of the Subcontract.
6. The amount still owing by the said Contractor to Claimant is $35,011.00
together with lawful interest thereon from May 29, 2009. The amount owing to Claimant is
the total amount making up the usual, just and reasonable charges for the labor and
materials provided by Claimant to Contractor for the Property and is the contract price
agreed to be paid to Claimant by the said Contractor.
7. The said labor and materials were furnished by Claimant to the Property at
various times commencing in August, 2008. The last of the labor performed, or materials
furnished, to the Property was provided by Claimant on March 31, 2009.
8. Claimant has made repeated demand upon said Contractor for the payment
to Claimant of the balance owing by Contractor, but Contractor has refused to comply
therewith.
9. Pursuant to the requirements of the Pennsylvania Mechanics' Lien law of
1963, 49 P.S. Section 1501 (b), Claimant has served written notice upon each of the said
Owners of the Property of Claimant's intention to file a mechanics lien claim, which notice
was dated August 12, 2009, and was sent by first class mail to each Owner more than
thirty (30) days before the filing date of this Claim. A true and correct copy of said written
notice, together with affidavit of service, is attached hereto as Exhibit "C" and by this
reference are incorporated herein.
3
WHEREFORE, Claimant claims to have a lien against the fee simple interest of the
aforesaid Owner of the Property described in Exhibit "A" hereto, together with all
improvements erected thereon, in the amount of $35,011.00 together with lawful interest
thereon from May 29, 2009.
Respectfully submitted,
KAGEN, acDONALD & FRANCE, P.C.
By:
George E. MacDonald, Esq.
2675 Eastern Boulevard
York PA 17402
(717) 757-4565
PA Atty ID No. 28007
ATTORNEY FOR PLAINTIFF
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
RICHARD E. KRALL, INC.
c(apy
CLAIMANT
vs.
JAMES G. KNISELY AND
CAROLINE L. KNISELY
OWNER
and
MILLER & NORFORD, INC.
CONTRACTOR
NO. 09-6341 MLD
AFFIDAVIT OF SERVICE ON OWNER
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF YORK
Gr
Before me, a Notary Public in and for said Commonwealth and County, personally
appeared George E. MacDonald, Esq., who being duly sworn according to law deposes
and says:
1. That attached hereto is a true and correct copy of the Sheriff's Return of
Service confirming service upon the above named Owners of written notice
of the filing of a Mechanics Lien Claim; and
E art
2. That service was made upon the said Owners by the Sheriffs Department
of Cumberland County on September 30, 2009.
flit,
eorge E. MacDonald
Attorney for Claimant
PA Attorney ID No. 28007
SWORN AND SUBSCRIBED to
before me this 13th day
of Octob r, 2009.
NOTARY PUBLIC
NOTARIAL SE
MICHELLE L RACHAL
Notary Public
SPRINGETTSBURY TWP, YORK COUNTY
My Commission Expires Jul 26, 2012
Sheriffs Office of Cumberland County
R Thornas Kline
Sheriff ,, at ?n:rat+
Ronny R Anderson
Chief Deputy ,
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
.D?
J
Richard E. Krall, Inc. Case Number
vs. 2009-6341 MILD
James G. Knisely
SHERIFF'S RETURN OF SERVICE
09/30/2009 05:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
30, 2009 at 1739 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: Caroline L. Knisely, by making known unto herself personally, at 3822 Pamay 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.
09/30/2009 05:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
30, 2009 at 1739 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: James G. Knisely, by making known unto Caroline L. Knisely, wife of defendant at 3822
Pamay 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.
10/06/2009 03:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6
2009 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Miller & Norford, Inc., by making known unto Brian S. Enterline, adult in charge, at 516
Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $75.74 SO ANSWERS,
October 07, 2009 R THOMAS KLINE, SHERIFF
Deputy Sheriff
D p u t y Sheri f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
RICHARD E. KRALL, INC.
CLAIMANT
VS.
JAMES G. KNISELY AND
CAROLINE L. KNISELY
OWNER
and
MILLER & NORFORD, INC.
CONTRACTOR
NO. 09-6341 MLD
AFFIDAVIT OF SERVICE ON OWNER
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
ss
Before me, a Notary Public in and for said Commonwealth and County, personally
appeared George E. MacDonald, Esq., who being duly sworn according to law deposes
and says:
1. That attached hereto is a true and correct copy of the Sheriffs Return of
Service confirming service upon the above named Owners of written notice
of the filing of a Mechanics Lien Claim; and
EXHIBIT
2. That service was made upon the said Owners by the Sheriffs Department
of Cumberland County on September 30, 2009.
4eorge E. MacDonald
Attorney for Claimant
PA Attorney ID No. 28007
SWORN AND SUBSCRIBED to
before me this 13th day
of Octob r, 2009.
NOTARY PUBLIC
NOTARIAL SEAL
MICHELLE L RACHAL
Notary Public
SPRINGETTSBURY Twp,, YORK COUNTY
MY Commission Expires Jul 26, 2012
4;lOPf? Kagen Macdonald and Fran.e
VERIFICATION
No. 316 P. 2
Richard E. Krall, Inc.
P.O. Box 59
60 Yeager Rd.
Roseville, PA 17358
I verify that the facts in the foregoing document are true and correct, upon my
personal knowledge or information and belief. This verification is made subject to the
penaflties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities.
Date: t 1D
i
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?9t1??rt? ?t llfltlfjp?,?h?
f t ;-
OMCK .,r ? ? utF
OF t r l :',,f a ,st 0 i f 1
r•,
Richard E. Krall, Inc.
vs Case Number
.
James G. Knisely (et al.) 2009-6341 MLD
SHERIFF'S RETURN OF SERVICE
09/20/2010 06:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2010 at 1805 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: James G. Knisely, by making known unto himself personally, at 3822
Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time
handing to him personally the said true and correct copy of the same.
!?> xo/-
TIM BLACK, DEPUTY
09/20/2010 06:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2010 at 1805 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Caroline L. Knisely, by making known unto herself personally, at 3822
Pamay 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: $53.44
September 23, 2010
TIM BLACK, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
'Ci countysufte Snerft. Te!.^-cs'jft, k-1
.1
IN 12 NA, 1:
PEP4'NSYL. ,' s4 ,,A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD E. KRALL, INC.,
Plaintiff
V.
JAMES G. KNISELY and
CAROLINE L. KNISELY, husband and wife,
Defendants
CIVIL ACTION - LAW
NO. 09-6341 MLD
MECHANICS LIEN CLAIM
NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT
TO: James G. Knisely
Caroline L. Knisely
c/o Rob Bleecher, Esquire
Pecht and Associates, PC
DATE OF NOTICE: January 10, 2011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP:
a
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 REDUCED FEE OR NO FEE.
Lawyer Referral Service of the
York County Bar Association
137 East Market Street
York, Pennsylvania 17401
Telephone: (717) 854-8755
KAGEN, MACDONALD & FRANCE, P.C.
Edward A. Paskey, Esquire
Attorney ID No. 80304
2675 Eastern Blvd.
York, PA 17402-29
Phone: (717) 757-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD E. KRALL, INC., CIVIL ACTION - LAW
Plaintiff
V.
NO. 09-6341 MLD
JAMES G. KNISELY and
CAROLINE L. KNISELY, husband and wife, MECHANICS LIEN CLAIM
Defendants
AVISO IMPORTANTE
A. Insite Development, Corp, LLC
FECHA DEL AVISO: December 17, 2007
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE UN
FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDED Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO IMMEDIATEMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
Lawyer Referral Service of the
York County Bar Association
137 East Market Street
York, Pennsylvania 17401
Telephone: (717) 854-8755
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD E. KRALL, INC., CIVIL ACTION - LAW
Plaintiff
V. NO. 09-6341 MLD
JAMES G. KNISELY and
CAROLINE L. K'NISELY, husband and wife, MECHANICS LIEN CLAIM
Defendants
PRAECIPE TO MARK CASE SETTLED AND DISCONTINUED . L --?
TO THE PROTHONOTARY: -; -
Please mark the above captioned case as settled and discontinued with prejudice.
Respectfully Submitted:
KAGEN, MACDONALD & FRANCE, P.C.
Edward A. Paskey, lUsquire
Attorney ID No. 80304
2675 Eastern Blvd.
York, PA 17402-2905
Phone: (717) 757-4565
# " g as kll?
MV 70K
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD E. KRALL, INC.,
Plaintiff
CIVIL ACTION - LAW
V.
JAMES G. KNISELY and
CAROLINE L. KNISELY, husband and wife,
Defendants
NO. 09-6341 MLD
MECHANICS LIEN CLAIM
CERTIFICATE OF SERVICE
I, Edward A. Paskey, Esquire, hereby certify that I have served a copy of the within
Praecipe to Mark the Case Settled and Discontinued with Prejudice by first class regular
mail addressed as follows:
Rob Bleecher, Esquire
Pecht & Associates, PC
Suite 200
1205 Manor Drive
Mechanicsburg, PA 17055-4894
Respectfully Submitted:
KAGEN, MACDONALD & FRANCE, P.C.
tdw-ar?dA Pa sk yEsq ire
A6 6
rney ID No. PA 80304
2675 Eastern Blvd.
York, PA 17402-2905
Phone: (717) 757-4565