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HomeMy WebLinkAbout01-01481N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. 245 Butler Street Lancaster, PA 17601 COMMUNITY REFUSE SERVICE, 1NC. 142 Vaughn Road Shippensburg, PA 17257 MECHANIC'S LIEN CLAIM 1. Claimant, National Earth Products, a Pennsylvania Corporation with offices at 245 Butler Street, Lancaster, Pennsylvania, files this mechanic's lien claim as contractor. 2. The owner of the property subject to the lien is Community Refuse Service, Inc., 142 Vaughn Road, Shippensburg, Pennsylvania. 3. The date on which claimant completed the work for which this claim is made was January 8, 2001. 4. Claimant makes this claim under a time and materials agreement with Community Refuse Service, Inc., wherein claimant agreed to furnish all labor and materials required for the scope of work including crushing daily andintermediate cover, capping existing landfill, Sed-Basin refurbishment, refurbishing all drainage swales, installation of a new parking lot, installation of man hole leachate collection system in active cell, installation of a flare on gas collection system, construction &Cell N-1 and various infrastructure work such as new piping, electric conduit and office foundation, installation of perimeter fencing, bulk evacuation on entrance, Sed-Basin B at entrance, erosion and sediment controls, prepare monitor well pads for drilling and T-1 drainage swale for Cell N-1. 5. The labor was performed and the materials were furnished with the knowledge and consent and at the request of the owner of the hereinafter described property. The amount claimed to be due is $878,804.43. 6. The property claimed to be subject to the lien is the Cumberland County Landfill (also known as Community Refuse Service, Inc.) located at 142 Vaughn Road, Shippensburg, Pennsylvania 17257, as more fully described herein in Exhibit "A" which is attached hereto and made a part hereof.  e[slEs~uire Corporate Counsel National Earth Products, Inc. c/o The IT Group 2790 Mosside Blvd. Monroeville, PA 15146 PA I.D. # 30667 Telephone: (412) 380-6260 Facsimile: (412) 858-3997 ALL that certain of land with the improvements thereon erected, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the center line of Township Route No. 359, at the comer of the line of Lot No. 3, now or formerly of Marlin Johnson, et ux., and Lot No. 5 on a certain Plan of Lots of Mike F. Zemenick, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 31, Page 75; thence along the line of Lot No. 3 and 5, South 9 degrees 21 minutes East 225 feet to a iron pin at the comer of Lots No. 3 and 5, on the aforesaid Plan of Lots; thence along the line of Lot No. 5 and other lands now or formerly of Mike F. Zemenick, South 79 degrees 33 minutes 46 seconds East 147.10 feet to an iron pin at the comer of Lot No. 5 and a right-of-way reserved for Mike F. Zemnick; thence along said right- of-way and the line of Lot No. 5, North 10 degrees 26 minutes 14 seconds East 189.66 feet to an iron pin; thence by a curve having an arc radius of 25 feet, a distance of 39.27 feet to an iron pin; thence with said right-of-way and line of Lot No. 5, North 10 degrees 26 minutes 14 seconds East 25 feet to a nail in the center line of Township Route No. 359; thence with the center line of Township Route No. 359, North 79 degrees 33 minutes 46 seconds West 95 feet to a railroad' spike in the center line of Township Route No. 359; thence by the center line of Township Route No. 359, South 85 degrees 17 minutes 33 seconds West 106.98 feet to a railroad spike in the center line of Township Route No. 359, the Place of BEGINNING. EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. 245 Butler Street Lancaster, PA 17601 No. 01-148 MLD COMMUNITY REFUSE SERVICE, INC. 142 Vaughn Road Shippensburg, PA 17257 AFFIDAVIT OF SERVICE OF NOTICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY follows: MARY JANE BOWES, being duly sworn according to law, deposes and says as 1. I am an adult and 1 am counsel to National Earth Products, Inc., claimant in the above-captioned proceedings, and submit this affidavit pursuant to 49 P.S. 1502(a)(2). 2. On January 25, 2001, a Notice of Filing with attached Mechanic's Lien Claim, a true and correct copy of which is attached hereto as Exhibit A and made a part hereo[ was served upon Defendant in the above-captioned matter by personal service by the Sheriff of Cumberland County. A copy of the Sheriff's Return is a~tached as Exhibit B. ~~uire Corporate Counsel PA I.D. 4/30667 THE 1T GROUP 2790 Mosside Blvd. Monroeville, PA 15146 Telephone: (412) 380-6260 Facsimile: (412) 858-3997 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY On this the 12~ day of February, 2001, before me, a NOTARY PUBLIC, the undersigned officer, personally appeared Mary Jane Bowes, Esquire, known to me to be the person whose name is subscribed to this AFFIDAVIT OF SERVICE OF NOTICE, and acknowledged that she executed same for the purposes therein contained. ~'"~ In witness whereof 1 hereunto set my hand and offici~/seald Notarial Seal Prudence N. Sziraki, Nota~ Public Pittsburgh, Allegheny ~ounty My Gommission Expires 3u,¥ 27, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. 245 Butler Street Lancaster, PA 17601 01-148 MLD TERM COMMUNITY REFUSE SERVICE, INC. 142 Vaughn Road Shippensburg, PA 17257 NOTICE OF CLAIM Community Refuse Service, Inc. cio Cumberland County Landfill 142 Vaughn Road Shippensburg, PA 17257 Please be advised that on Jan.~ .t~ 9, 2001, there wa,~ filed in the Court of Common Pleas of Cumberland County as o(th~ 2001 term, No. J~/8, a Mechanic's Lien claim, a true and correct copy of which is attached heret . Mar~ 'Jaffe E 'es, Esq. Corporate C ansel PA I.D. # 30667 THE IT GROUP 2790 Mosside Blvd. Monroeville, PA 15146 Telephone: (412) 380-6260 Facsimile: (412) 858-3997 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. 245 Butler Street Lanc~r, PA 17601 coMMUi TY RF mJSE SERVIC mC. 142 Vaughn Road Shippe~hurg, PA 17257 MECHANIC'S LIEN CLAI/vl t. Claimant, Nafiomd Fau'th ProduO. s, a Pe~nsylvaai~ Corporation with off'cas m 245 Butler Street, Lancaster, P~ylvania, fll~ this meclmn~'s lien claim as contractor_ 2. The owner~gfthe lmop~rty subject to the lien is Community Refuse S0rvice, Inc., 142 Vaughn Road, Shipp~nsburg, 1Nmnsylvania. 3. The.date .on which claimant complet~i the work for which this claim is made was January 8, 2001. 4. Claimant makes this claim under a time and materials agreement with Community Refuse Sec¢ice, Inc., wherein claimant agreed to furnish ali labor and materials required for the scope of work including crushing daily andint~rmediate cover, capping existing landfill, Sed-Basin r~furbishment, refurbishing all drainage swales, installation of a new parking lot, installation of man hole leachate collection system in active cell, installation of a flare on gas collection system, construction of Cell N-I and various infrastructure work such as new piping, electric conduit and office foundation, installation of perimeter fencing, bulk evacuation on entrance, Sed-Basin B at entrance, erosion and sediment controls, prepare monitor well pads for drilling and T-I drainage swale for Cell N-I. 5. The labor was performed and the materials were furnished with the knowledge and consent and at the request of the owner of the hereinal~er described property. The amount claimed to be due is $878,804.43. 6. The property claimed to be subject to the lien is the Cumberland County Landfill (also known as Community Refuse Service, Inc.) located at 142 Vaughn Road, Shippensburg, Pennsylvania 17257, as more fully described herein in Exhibit "A" which is attached hereto and made a part hereof. Mary ffane ~s, Esquire Corporate Counsel National Earth Products, Inc. c./o The IT Group 2790 Mosside Blvd. Monroeville, PA 15146 PA I.D. # 30667 Telephone: (412) 380-6260 Facsimile: (412) 858-3997 ALL that certain of land with the improvements thereon erected, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the center line o£Township Route No. 359, at the comer of the line of Lot No. 3, now or formerly of Marlin Johnson, et ux., and Lot No. 5 on certain Plan of Lots of Mike F. Zemenick, recorded in the Office of the Recorder of Deeds o Cumberland County, Pennsylvania in Plan Book 31, Page 75; thence along th,- line of Lot N and 5, South 9 degrees 21 minutes East 225 feet to a iron pin at the comer of Lots No. 3 and on the aforesaid Plan of Lots; thence along the line of Lot No. 5 and other lands now or fora o£Mike F. Zemeak:k, South 79 degrees 33 minutes 46 s~conds East 147.10 feet to an iron pi the comer of Lot No. 5 and a right-of-way reserved for Mike F. Zenmicig tl~ece alo~lg said ~ of-way and the line of Lot No. 5, North 10 degrees 26 minutes 14 secomis East 189.66 feet t~ iron pin; theoce by a curve having an arc radius of 25 feet, a distance of 39.27 feet to aa iron thence with said right-of-way and line of Lot No. 5, North 10 degrees 26 minutes 14 secon~ East 2:5 feet to a nail in the center line of Township Route No. 359; thence with the center liz Township Route No. 3:59, North 79 degree~ 33 minutes 46 seconds West 95 feet to a railroad spike in the center line of Township Route No. 359;, thence by the center line of Town~hip R No. 359, South 85 degrees 17 minutes 33 seconds West 106.98 feet to a railroad spike in the center line of Township Route No. 359, the Place of BEGINNING. EXHIBIT A SHERIFF'S RETURN CASE NO: 2001-00148 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL EARTH PRODUCTS INC VS COMMUNITY REFUSE SERVICE REGULAR DAVID MCKINNEY , Cumberland County,Pennsylvania, says, the within MECHANICS LIEN CLAIM COMMUNITY REFUSE OWNER at 142 VAUGHN RD SHIPPENSBURG, PA SERVICE INC at 0015:35 HOURS, 17257 Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 25th day of January , 2001 by handing to MARK KATRINA (GENERL MANAGER) a true and attested copy of MECHANICS LIEN CLAIM NOTICE OF CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 10.00 .00 38.54 Sworn and Subscribed to before me this /~ day of ~rothonotary t /TM So Answers: R. Thomas Kline ox/2 /2OOl 5T CORPOP-~TSON Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC., Claimant, COMMUNITY REFUSE SERVICE, INC., Owner. CIVIL DIVISION No. 01-148 MLD TERM MECHANIC'S LIEN CLAIM RETURN OF SERVICE OF STATEMENT OF MECHANIC'S LIEN As stated in the Affidavit of Service attached hereto, on February 8, 2001, a true and correct copy of the Statement of Mechanic's Lien was served upon Community Refuse Service, Inc. by hand delivery. Dated: February 12, 2001 Respectfully submitted, Andrew L. Swope KIRKPATRICK & LOCKHART LLP 240 North Third Street Harrisburg, PA 17101 (717) 231-4500 Counsel for National Earth Products, Inc. HA-102095 vi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC., Claimant, COMMUNITY REFUSE SERVICE, INC., Owner. CIVIL DMSION No. 01-148 MLD TERM MECHANIC'S LIEN CLAIM AFFIDAVIT OF SERVICE I hereby certify that on the ~& day of February, 2001, a tree and correct copy of the Statement of Mechanic's Lien was served upon Community Refuse Service, Inc., the owner, at 142 Vaughn Road, Shippensburg, Pennsylvania, 17257, by handing a copy of the Statement of Mechanic's Lien to Mark Katrina General Manager of Community Refuse Service, Inc. Sworn to and Subscribed before me this c]~ day of February, 2001. NOTARIAL SEAL TROY ROHRBAUGH NOTARY PUBLIC HARRISBURG. DAUPHIN COUNIY ~Y COMMISSION EXPIRES JUNE 30. 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC., Claimant, COMMUNITY REFUSE SERVICE, INC., Owner. CIVIL DIVISION No. 01-148 MLD TERM MECHANIC'S LIEN CLAIM NOT/CE OF FILING OF MECHANIC'S LIEN PLEASE TAKE NOTICE that a Statement of Mechanic's Lien, a true and correct copy of which is attached hereto, was filed on behalf of National Earth Products, Inc., on January 9, 2001, in the Court of Common Pleas of Cumberland County, at Docket No. 01-148 MLD Term. This Mechanic's Lien Claim is asserted against the Cumberland County Landfill (also known as Community Refuse Service, Inc.) located at 142 Vaughn Road, Shippensburg, Pennsylvania, 17257, as more fully described in the Statement of Mechanic's Lien. Date: February 8, 2001 Kirkpatrick & Lockhart LLP Andrew L. Swope, Esq. Pa. Supreme Court No. 55817 Helene Eichenwald Loux Pa. Supreme Court No. 74394 Kirkpatrick & Lockhart LLP 240 North Third Street Harrisburg, PA 17101-1507 (717) 231-4500 Counsel for National Earth Products Inc. HA-101979 vl 09510004)110 IN THE COURT OF COMMON PLEAS OF CUM]3ERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. 245 Butler Street Lancaster, PA 17601 COMMUNITY REFUSE SERVICE, INC. 142 Vaughn Road Shippensburg, PA 17257 MECHANIC'S LIEN CLAI/VI 1. Claimant, National Earth Products, a Pennsylvania Corporation with offices at 245 Butler Street, Lancaster, Pennsylvania, files this mechanic's lien claim as contractor. 2. The owner of the property subject to the lien is Community Refuse Service, Inc., 142 Vaughn Road, Shippensburg, Pennsylvania. 3, The date on which claimant completed the work for which this claim is made was January 8, 2001. 4. Claimant makes this claim under a time and materials agreement with Community Refuse Service, Inc., wherein claimant agreed to furnish all labor and materials required for the scope of work including crushing daily andintermediate cover, capping existing landfill, Sed-Basin refurbishment, refurbishing all drainage swales, installation ora new parking lot, installation of man hole leachate collection system in active cell, installation of a flare on gas collection system, construction of Cell N-I and various infrastructure work such as new . . piping, electric conduit and office foundation, installation of perimeter fencing, bulk evacuation on entrance, Sed-Basin B at entrance, erosion and sediment controls, prepare monitor well pads for drilling and T-1 drainage swale for Cell N-I. 5. The labor was performed and the materials were furnished with the knowledge and consent and at the request of thd owner of the hereinafter described property. The amount claimed to be due is $878,804.43. 6. The property claimed to be subject to the lien is the Cumberland County Landfill (also known as Community Refuse Service, Inc.) located at 142 Vauglm Road, Shippensburg, Pennsylvania 17257, as more fully described herein in Exhibit "A" which is attached hereto and made a part hereof. Corporate i'iman5 .'s, Esquire ',ounsel National Earth Products, Inc. cio The IT Group 2790 Mosside Blvd. Monroeville, PA 15146 PA I.D. # 30667 Telephone: (412) 380-6260 Facsimile: (412) 858-3997 ALL that certain of land with the improvements thereon erected, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the center line of Township Route No. 359, at the comer of the line of Lot No. 3, now or formerly of Marlin Johnson, et ux., and Lot No. 5 on a certain Plan of Lots of Mike F. Zemenick, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 31, Page 75; thence along the line of Lot No. 3 and 5, South 9 degrees 21 minutes East 225 feet to a iron pin at the comer of Lots No. 3 and 5, on the aforesaid Plan of Lots; thence along the line of Lot No. 5 and other lands now or formerly of Mike F. Zemenick, South 79 degrees 33 minutes 46 seconds East 147.10 feet to an iron pin at the comer of Lot No. 5 and a right-of-way re~erved for Mike F. Zemnick; thence along said right- of-way and the line of Lot No. 5, North 10 degrees 26 minutes 14 seconds East 189.66 feet to an iron pin; thence by a curve having an arc radius of 25 feet, a distance of 39.27 feet to an iron pini thence with said right-of-way and line of Lot No. 5, North 10 degrees 26 minutes 14 seconds East 25 feet to a nail in the center line of Township Route No. 359; thence with the center line of Township Route No. 359, North 79 degrees 33 minutes 46 seconds West 95 feet to a railroad' spike in the center line of Township Route No. 359; thence by the center line of Township Route No. 359, S. outh 85 degrees 17 minutes 33 seconds West 106.98 feet to a raikoad spike in the center line of Township Route No. 359, the Place of BEGINNING. EXHIBIT A CERTIFICATE OF SERVICE I hereby certify that on February 12, 2001, one copy of the foregoing Return of Service has been served by first-class mail, postage prepaid, upon the following: Community Refuse Service, Inc. 142 Vaughn Road Shippensburg, PA 17252 Andrew L. Swope ' HA-102095 vi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. Petitioner/Claimant, COMMUNITY REFUSE '. SERVICE, INC. : Respondent/Owner : ORDER CIVIL DIVISION No. 01-148 MLD Term MECHANIC'S LIEN CLAIM AND NOW, ~)F ~' ! ,~' ,2001, upon consideration of the Petition for Amendment of Mechanic's Lien Claim, it is hereby ordered that: (a) a rule is issued upon Respondent, Community Refuse Service, Inc., to show cause why the Petitioner, National Earth Products, Inc., is not entitled to the relief requested; (b) the Respondent shall file an answer to the Petition within twenty (20) days of service upon the Respondent; (c) the Petition shall be decided under Pa.R.C.P. No. 206.7; (d) argument shall be held on ?T/&.Off ?~, ~ O O r , at //23 0 , in Courtroom of the Cumberland County Courthouse; and (e) notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THECOURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. Petitioner/Claimant, COMMUNITY REFUSE SERVICE, INC. RespondenffOwner CIVIL DIVISION No. 01-148 MLD Term MECHANIC'S LIEN CLAIM PETITION FOR AMENDMENT OF MECHANIC'S LIEN CLAIM National Earth Products, Inc. respectfully requests that the Court permit it to amend the Mechanic's Lien Claim filed at Docket No. 01-148 MLD Term pursuant to section 504 of the Mechanics' Lien Law of 1963, 49 P.S. § 1504, and in support thereof avers as follows: 1. Petitioner is National Earth Products, Inc. ("NEP"). NEP is a Pennsylvania corporation with its principal place of business located at 245 Butler Street, Lancaster, Pennsylvania. 2. Respondent is Community Refuse Service, Inc. Community Refuse Service, Inc. is a Pennsylvania corporation with its principal place of business located at 142 Vaughn Road, Shippensburg, Pennsylvania. 3. On January 9, 2001, NEP filed a Mechanic's Lien Claim for the sum of $878,804.43, against Community Refuse Service, Inc., as the owner of Cumberland County Landfill. A true and correct copy of the Mechanic's Lien Claim is attached hereto as Exhibit 4. A mechanic's lien claim can be amended before the time for filing a claim has expired to substitute a different property than that described in the claim and substitute a different party with whom the claimant contracted. 49 P.S. § 1504; Kanofsky v. Carey, 89 Pa. HA-103038 v2 Super. 422, 427 (1926) (holding "that an amendment substituting a wholly different defendant may be filed before the time for filing the lien has expired."). 5. The work for which the Mechanic's Lien Claim is made was begun on June 6, 2000, and completed on January 8, 2001. 6. The time for filing a mechanic's lien claim based on the work that was begun on June 6, 2000, and completed on January 8, 2001, has not yet expired. 7. NEP is seeking to amend its Mechanic's Lien Claim to add Waste Systems International, Inc. ("WSI") as an owner of the property subject to the lien. WSI is a Massachusetts corporation with its principal place of business located at 420 Bedford Street, Lexington, Massachusetts. 8. NEP is also seeking to amend its Mechanic's Lien Claim so that more of the property that comprises Cumberland County Landfill is subject to its Mechanic's Lien Claim. The amendment NEP wishes to make to the Mechanic's Lien Claim's property description is more fully described in Exhibit "B". 9. A mechanic's lien claim can be amended at any time to include additional details on the kind and character of the labor or materials furnished. See Art Crqft Cabinets, inc. v. Siveitel, 42 D. & C. 3d 224 (C. P. Lancaster 1986). 10. NEP is seeking to amend its Mechanic's Lien Claim to include additional details concerning the kind and character of the labor or materials furnished as more fully described in Exhibit "C". 11. NEP is also seeking to amend its Mechanic's Lien Claim to include the invoices it submitted to Community Refuse Service, Inc. for the work the labor and materials it furnished to Ctanberland County Landfill. 2 12. A mechanic's lien claim can also be amended at any time to include additional details on how the amom~t of the lien was calculated. See Shollenberger v. Rickman, 79 Pa. D. & C. 44 (C. P. Lycoming 1950). 13. NEP is seeking to amend its Mechanic's Lien Claim to include additional details on how the amount of the lien was calculated as more fully described in Exhibit "D". 14. NEP is entitled to amend its Mechanic's Lien Claim as requested herein. 15. The Mechanic's Lien Claim has not been paid, waived, canceled, or discharged. 16. None of the amendments requested by NEP will operate to the prejudice of any existing lienor, mortgagee, or purchaser in good faith. WHEREFORE, National Earth Products, Inc. respectfully requests that this Court grant it leave to amend its Mechanic's Lien Claim in the manner described herein. Date: March 30, 2001 Respectfully submitted, PA Attorney ID No. 55817 Helene Eichenwald Loux PA Attorney ID No. 74394 KIRKPATRICK & LOCKHART 240 North Third Street Harrisburg, PA 17101 (717) 231-4500 Counsel for National Earth Products, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. Petitioner/Claimant, COMMUNITY REFUSE SERVICE, INC. Respondent/Owner CIVIL DIVISION No. 01-148 MLD Term MECHANIC'S LIEN CLAIM VERIFICATION The undersigned, Charles H. Gearhart, hereby deposes and states that: 1. I am the President, of National Earth Products, Inc., and I am authorized to make this verification on behalf of the corporation.; 2. The facts set forth in the foregoing Petition for Amendment of Mechanic's Lien Claim are true and correct to the best of my knowledge, information and belief; 3. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Date: Charles H. Gearhart, President Exhibit A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. 245 Butler Street Lancaster, PA 17601 COMMUNITY REFUSE SERVICE, INC. 142 Vaughn Road Shippensburg, PA 17257 MECHANIC'S LIEN CLAIM l. Claimant, National Earth Products, a Pennsylvania Corporation with offices at 245 Butler Street, Lancaster, Pennsylvania, files this mechanic's lien claim as contractor. 2. The owner of the property subject to the lien is Community Refuse Service, Inc., 142 Vaughn Road, Shippensburg, Pennsylvania. 3. The .date on which claimant completed the work for which this claim is made was January 8, 2001. 4. Claimant makes this claim under a time and materials agreement with Commun/ty Refuse Service, Inc., wherein claimant agreed to furnish all labor and materials required for the scope of work including crushing daily andintermediate cover, capping existing landfill, Sed-Basin refurbishment, refurbishing all drainage swales, installation of a new parking lot; installation of man hole leachate collection system in active cell, installation of a flare on gas collection system, construction of Cell N-1 and various infrastructure work such as new piping, electric conduit and office foundation, installation of perimeter fencing, bulk evacuation on entrance, Seal-Basin B at entrance, erosion and sediment controls, prepare monitor well pads for drilling and T-1 drainage swale for Cell N-1. 5. The labor was performed and the materials were furnished with the knowledge and consent and at the request of the owner of the hereinafter described property. The amount claimed to be due is $878,804.43. 6. The property claimed to be subject to the lien is the Cumberland County Landfill (also known as Community Refuse Service, Inc.) located at 142 Vaughn Road, Shippensburg, Pennsylvania 17257, as more fully described herein in Exhibit "A" which is attached hereto and made a part hereof. Attorn7 Mary ,Iai ~s, Esquire Corporate Counsel National Earth Products, Inc. c/o The IT Group 2790 Mosside Blvd. Monroeville, PA 15146 PA I.D. # 30667 Telephone: (412) 380-6260 Facsimile: (412) 858-3997 ALL that certain of land with the improvements thereon erected, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the center line o£Township Route No. 359, at the corner of the line of Lot No. 3, now or formerly of Marlin Johnson, et ux., and Lot No. 5 on a certain Plan of Lots of Mike F. Zemenick, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 3 l, Page 75; thence along the line of Lot No. 3 and 5, South 9 degrees 21 minutes East 225 feet to a iron pin at the comer of Lots No. 3 and 5, on the aforesaid Plan of Lots; thence along the line of Lot No. 5 and other lands now or formerly of Mike F. Zemenick, South 79 degrees 33 minutes 46 seconds East 147.10 feet to an iron pin at the comer of Lot No. 5 and a right-of-wa7 re'serVed for Mike F. Zemnick; thence along said right- of-way and the line of Lot No. 5, North l 0 degrees 26 minutes 14 seconds East 189.66 feet to an iron pin; thence by a curve having an arc radius of 25 feet, a distance of 39.27 feet to an iron pini thence with said right-of-way and line of Lot No. 5, North 10 degrees 26 minutes 14 seconds East 25 feet to a nail in the center line of Township Route No. 35~'; thence with the center line of Township Route No. 359, North 79 degrees 33 minutes 46 seconds West 95 feet to a railroad ' spike in the center line of Townsh/p Route No. 359; thence by the center line of Township Route No. 359, S. outh 85 degrees 17 minutes 33 seconds West 106.98 feet to a railroad spike in the center line of Township Route No. 359, the Place of BEGINNING. EXHIBIT A Exhibit B Property The property claimed to be subject to the lien is the Cumberland County Landfill (also known as Community Refuse Service, Inc.) located in Hopewell and North Newton Townships on State Route 31, including, but not necessarily limited to, all of the real estate described in the Commercial Open-End Mortgage between Community Refuse Service, Inc. and The Howard Bank, N.A., which is recorded in the Office of Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Record Book 1559 at Page 1069 and all of the real estate described in the following deeds of acquisition of Community Refuse Service, Inc. (hereinafter the "Landfill"): a. b. C. d. e. f. deed from Robert H. Grove, recorded on June 7, 1985, in Cumberland County Deed Book H, Volume 31, Page 476, deed from Billie A. Myers and Linda D. Myers, his wife, recorded on May 29, 1986, in Cumberland County Deed Book X, Volume 31, Page 419. deed from Mark E. Negley and Darlene M. Negley, his wife, recorded on February 27, 1987, in Cun~berland County Deed Book M, Volume 32, Page 1067. deed from Marlin E. Johnson, a/k/a/Marlin E. Johnson, Sr., widower, recorded on December 3, 1987, in Cumberland County Deed Book B, Volume 33, Page 850. deed from Walter H. Stevick and Jean E. Stevick, his wife, recorded on May 27, 1988, in Cumberland County Deed Book J, Volume 33, Page 207. deed from Walter M. Fickes and Dauphin Deposit Bank and Trust Company, Executors of the Estate of Walter M. Fickes, deceased, recorded on August 8, 1989, in Cumberland County Deed Book C, Volarne 34, Page 286. deed from Robert H. Grove and Esther L. Grove, his wife; Michael R. Grove and Jenine Grove, his wife; Robin Grove Vink, formerly known as Robin L. Grove, and Gary G. Vink, her husband; and Joseph D. Grove, single person, recorded on October 5, 1989, in Cumberland County Deed Book F, Volume 34, Page 59. deed from Paul D. Rockwell, a single man, recorded on April 10, 1992, in Cumberland County Deed Book P, Volume 35, Page 517. deed from Joyce E. Wagner, recorded on June 30, 1998, in Cumberland County Deed Book 180, Page 409. deed from Barbara B. Townsend, single, recorded on October 25, 1989, in Cumberland County Deed Book F, Volume 34, Page 1031. Exhibit "B" deed from Odette B. Flanagan, single, recorded on April 12~ 1988, in Cumberland County Deed Book G, Volume 33, Page 895. deed from Mike F. Zemencik, single, recorded on March 3, 1989, in Cumberland County Deed Book V, Volume 33, Page 277. deed from J. Robert Snyder and Helen T. Snyder, husband and wife, recorded on September 5, 2000, in Cumberland County Deed Book No. 228, Volume 1, Page 574. deed from J. Robert Snyder and Helen T. Snyder, husband and wife, recorded on September 15, 2000, in Cumberland County Deed Book No. 229, Page 187. Exhibit C Labor and Equioment NEP fumished the following equipment and labor to the Landfill project for infrastructure purposes, pad nl water control, pad nl subbase repair, for work on daily cover inventory, materials and other miscellaneous services, and other tasks as directed by Community Refuse Service, Inc., for which it has not received full payment: Date(s) July 29-Aug. 4, 2000 Sept. 2-8,2000 Sept. 9-15,2000 Sept. 16-22,2000 Sept. 23-29,2000 Equipment Model Used and/or Labor Furnished D41 dozer, 966 loader, SK200 624 excavator, A25 volvo, TA30 terex, D8 dozer, water truck, roller, operator, supervision, 815, water tank, 966 966 loader, SK200 excavator, 147 A25 volvo, TA30 terex, 980 loader, D8 dozer, D5 dozer, roller, operator, labor, 815,980 966 loader, SK200 excavator, 181 A25 volvo, TA30 terex, D8 dozer, D5 dozer, roller, operator, D8 D41 dozer, 966 loader, SK200 178 excavator, A25 volvo, TA30 terex, 310 backhoe, D8 dozer, operator, labor, 815, mob/demob 966 loader, A25 volvo, TA30 178 terex, 980 loader, 310 backhoe, D8 dozer, roller, operator, labor, Volvo Total Number of Hours Total Billing $55,442.00 $13,416.00 $16,952.50 $16,015.50 $17,037.50 Exhibit "C" Date(s) Sept. 30-Oct. 6, 2000 Oct. 7-13, 2000 Oct. 14-20, 2000 -Oct. 21-27, 2000 Oct. 28-Nov. 3, 2000 Nov. 4-10, 2000 Nov. 11-17, 2000 Nov. 18-24, 2000 Nov. 25-Dec. 1, 2000 Dec. 2-8, 2000 Infrastructure Equipment Models Used and/or Total Number Labor Furnished of Hours D41 dozer, SK200 excavator, A25 97 volvo, TA30 terex, operator, labor D41 dozer, SK200 excavator, A25 234.50 volvo, 980 loader, 410 backhoe, D8 dozer, D5 dozer, roller, operator, labor SK200 excavator, A25 volvo, 330, 323 150 loader, 410 backhoe, D8 dozer, D5 dozer, water truck, roller, operator, L150, SK200 966 loader, A25 volvo, 330, 410 167 backhoe, D8 dozer, D5 dozer, roller, labor 966 loader, A25 volvo, 410 13.50 backhoe, D41, SK200, A25, cat truck, 563 roller, D5 980 loader, A25 volvo, 330 34 A25 volvo, D5 dozer, operator, 30 D250, 966, 325, D5H, 330 A25 volvo, cat track, D8 dozer, 44 operator, 325 excav, 966 D5 dozer, operator 14 107 966 loader, A25 volvo, 150 loader, 410 backhoe, cat truck, D8 dozer, D5 dozer, operator Total Billing $8,626.50 $20,479.00 $28,540.00 $15,180.00 $2,892.50 $3,445.00 $3,657,50 $4,412.50 $1070.00 $9,297.50 Date(s) Sept. 30-Oct. 6, 2000 Oct. 7-13, 2000 -Oct. 14-20, 2000 Oct. 21-27, 2000 Oct. 28-Nov. 3, 2000 Nov. 4-10,2000 Nov. ll-17,2000 Nov. ll-17,2000 Nov. 18-24,2000 Nov. 25-Dec. 1, 2000 Dec. 2-8, 2000 Dec. 9-15, 2000 Dec. 16-22, 2000 Dec. 23-29, 2000 Dec. 30, 2000- Jan. 5, 2001 Pad N1 Water Control Equipment Models Used and/or Total Number Labor Furnished of Hours D41 dozer, SK200 excavator, A25 155 volvo, TA30 terex, 980 loader, D8 dozer, D5 dozer, roller, operator, D5 D41 dozer, 410 backhoe, D8 dozer, 44.5 D5 dozer, roller 410 backhoe, D5 dozer, roller 22 330, 150 loader, 410 backhoe, D8 61 dozer, D5 dozer, roller, operator, labor 150 loader, 410 backhoe 15.50 A25 volvo, 330, 150 loader 43 980 loader, A25 volvo, 150 loader, 50 D5 dozer, operator, vol loader D5 dozer, operator 44 A25 volvo, 330, 150 loader, 410 96 backhoe, D8 dozer, D5 dozer, water track 980 loader, 966 loader, A25 volvo, 191 150 loader, cat truck, D8 dozer, D5 dozer, operator, labor 966 loader, A25 volvo, 150 loader, 226 410 backhoe, cat track, D8 dozer, D5 dozer, operator A30 volvo, 150 loader, cat truck, D8 34 dozer, D5 dozer D8 dozer, D5 dozer 26 A30 volvo, D8 dozer, D5 dozer, 118 operator A30 volvo, D8 dozer, D5 dozer, 63 operator, labor Total Billing $15,114.00 $4,927.50 $1,695.00 $3,315.00 $1,652.50 $2,650.00 $4,605.00 $2,440.00 $9,595.00 $17,632.50 $21,200.00 $3,640.00 $2,980.00 $11,230.00 $5,410.00 Date(s) Sept. 30-Oct. 6, 2000 Oct. 7-13, 2000 Pad N1 Subbase Repair Equipment Models Used and/or Total Number Labor Furnished of Hours D41 dozer, 966 loader, SK200 123 excavator, A25 volvo, TA30 terex, 980 loader, 410 backhoe, D8 dozer, D5 dozer, roller 966 loader, $K200 excavator, A25 28 volvo, 410 backhoe, roller, labor Total Billing $11,567.00 $2,436.00 Date(s) Sept. 30-Oct. 6, 2000 Oct. 7-13, 2000 Oct. 14-20, 2000 Oct. 21-27, 2000 Nov. 18-24, 2000 Nov. 25-Dec. 1, 2000 Dec. 2-8, 2000 Dec. 9-15, 2000 Dec. 16-22, 2000 Dec. 23-29, 2000 Dec. 30, 2000-Jan. 5, 2001 Daily Cover Inventory Equipment Models Used and/or Total Number Labor Furnished of Hours A25 volvo, TA30 terex, 980 loader, 57 operator SK200 excavator, A25 volvo, 980 41 loader, wat. tk SK200 excavator, 330, water truck, 36 966 D8 dozer 2 980 loader, A25 volvo, 150 loader, 53 cat truck, 980, trk A25 volvo, 150 loader, cat truck 30 57 215 A25 volvo, 150 loader, cat truck, D5 dozer 966 loader, A30 volvo, 150 loader, 410 backhoe, cat truck, D5 dozer, operator 966 loader, A30 volvo, 150 loader, D5 dozer, operator, volvoLdr, cat truck A30 volvo, 150 loader A30 volvo, 150 loader, operator, 980, truck 226 63 54 Total Billing $5,280.00 $3,418.00 $3,339.60 $260.00 $4,800.00 $3,000.00 $6,300.00 $20,840.00 $20,978.60 $6,670.00 $6,245.00 Date(s) Aug. l,2000 June 26-July 25, 2000 July 29,2000-Jan. 5,2001 Sept. 9-22,2000 Oct. 7-13,2000 Sept. 30-Oct. 6, 2000 Aug. 25,26&27, 2000 Sept. 30-Nov. 21, 2000 Sept. l-Nov. 24, 2000 Sept. 8,2000 Oct. 4,2000 Oct. 10,2000 Nov. 7,2000 Dec. 2-8,2000 Aug 25-Oct. 16, 2000 Materials and Miscellaneous Services Source of Material(s) or Service(s) D. C. Guelich Explosive Co. Burco, Inc. Material(s) or Service(s) blasting of 24,444 cubic yards of shale ~ $3.15 2 - Frac Tanks NEP NEP crushing & stockpiling for daily cover inventory - 107,527 tons ~ $2.48 sub base placement cell n-1 NEP pad nl subbase placement Booz Trucking, Inc. clay trucking Booz Trucking, Inc clay haul valley/wsi Valley Quarries, Inc. Valley Quarries, Inc. Valley Quarries, Inc. Valley Quarries, Inc. Valley Quarries, Inc Valley Quarries, Inc. Charles E. Brake Company, Inc. 16,865.57 tons subbase clay production @ $3.50 R4 & 2B stone-sed basins #1 stone PA #57 stone 2B gradall and operator to excavate anchor trench lowboy and driver to move gradall PA #1 stone #4 digging anchor trench stone hauling #161-trk. tractor & TT moved RD~90 screener from Shippensburg, PA to Harrisburg, PA Amount Billed $76,998.60 $2,210.53 $266,666.96 $8,015.04 $3,339.60 $1,043.39 $4,128.34 $59,029.52 $3,898.03 $762.89 $922.09 $468.42 $2,517.42 $11,752,37 Date(s) Oct. 3, 2000 Oct. 25,2000 Sept. 8, 2000 Sept. 8,2000 Sept. ll,2000 July 26-Dec. 12, 2000 Source of Material(s) or Service(s) Contech Contech Cleveland Brothers Cleveland Brothers Cleveland Brothers Godwin Pumps Material(s) or Service(s) h/c pipe 2 2/3xl/2 galv ls 16ga 24" 3.75 ft h/c pipe 2 2/3xl/2 galv ls 16ga 21" 20.00 ft csp bd 6" hugger w/4" galv 18ga 21" 1PC riser & discharge pipe for Newton sub basin 2 scn-25b/90b top, 3 s 2 scn-90 bot, .75"sqs 1 hold-down hdw kit s 1 hold dwn crept kt (bts 39 charmel rubber 3/8s 4 clp-bot side 25,40s 4 flat bar r~nv bd 1 "s 26 channel rubber 3/8s 35 tywrap 5/16" x 14"s consumable suppl materials and labor needed to make repairs to RD-90-B at Valley Quarries materials and labor needed to make repairs to install top and bottom deck punch plate on RD-90-B screen all pump rental Amount Billed $1,208.89 $1,208.89 $2,037.14 $615.98 $4,814.17 $13,623.77 Date(s) Oct. 31, 2000 Oct. 20, 2000 Nov. 2, 2000 Dec. 2-8, 2000 Oct. 21-27, 2000 Oct. 27, 2000 Source of Material(s) or Service(s) Godwin Pumps The Lumber Yard of Shippensburg L B Water Service South Inc. L B Water Service South Inc. Weaver Excavating Terre Hill Concrete Products Material(s) or Service(s) service call for rental unit D- 60692 powertech oil filter deere fuel filter air filter 4039/45D air filter 2-1/8" rain cap 10 quarts oil 20 lots 3¼- plywood 9"x 15" stainless steel pipe repair clamps couplings 223.43 tons clay hauling 1 48 x 48 frame 1 48 x 48 steel grate 1 48 x48 x 54 box Amount Billed $792.07 $432.03 $687.41 $212.08 $399.82 $1,062.23 Exhibit Calculation of the Lien Claim Pursuant to the terms of the time and materials agreement, NEP has submitted as progress billings to Community Refuse Services, Inc. the following invoices for the cost of labor, equipment, materials and services furnished to the Landfill project between July 29, 2000 and January 8, 2001, and for six percent (6%) sales tax on equipment furnished from July 7, 2000 through January 8,200l, for which NEP has not received full payment: Invoice Date Invoice Period Covered Invoice Amount Number(s) Amount Not Paid Aug. 11,2000 321876 July 29-Aug. 4, 2000 $116,781.29 $79,600.00 Sept. 15, 2000 331989 Sept. 2-8, 2000 $62,191.20 $62,191.20 331992 July 7-Sept. 8, 2000 (sales tax) Sept, 9-15, 2000 Sept. 22,2000 333581 333583 Sept. 28,2000 334745 Oct. 6,2000 339229 Oct. 13,2000 339358 Oct. 20,2000 341531 Oct. 27,2000 342915 Nov. 6,2000 345477 Nov. 7,2000 345484 Nov. 15,2000 350154 Nov. 21,2000 350904 Nov. 29,2000 352569 Dec. 6,2000, 355567 Dec. 13, 2000 357211 Dec. 20, 2000 359662 Dec. 28, 2000 361192 Jan. 3,2001 362498 Jan. 8,2001 363411 $44,415.07 $44,415.07 Sept. 16-22,2000 $34,895.25 $34,895.25 Sept. 23-29, 2000 $34,628.20 $34,628.20 Sept. 30-Oct. 6,2000 $62,254.83 $62,254.83 Oct. 7-13, 2000 $76,672.13 $76,672.13 Oct. 14-20, 2000 $44,893.98 $44,893.98 Oct. 21-27,2000 $39,619.97 $39,619.97 Oct, 28-Nov. 3, 2000. $14,410,44 $14,410.44 Nov. 4-10, 2000 $70,423.04 $70,423.04 Nov. 11-17, 2000 $36,307.93 $36,307.93 Nov. 18- 24, 2000 $41,161.74 $41,161.74 Nov. 25-Dec. l,2000 $44,587.94 $44,587.94 Dec. 2-8, 2000 $67,963.17 $67,963.17 Dec. 9-15, 2000 $32,158.40 $32,158.40 Dec. 16-22,2000 $33,848.84 $33,848.84 Dec. 23-29,2000 $35,069.04 $35,069.04 Dec. 30, 2000-Jan. 5, 2001 $23,703.26 $23,703.26 Exhibit "D" CERTIFICATE OF SERVICE I certify that on March 30, 2001, I caused to be served a true and correct copy of the foregoing Petition for Amendment of Mechanic's Lien Claim, by first class mail upon the following: Community Refuse Service, Inc. 142 Vaughn Road Shippensburg, PA 17257 Waste Systems International, Inc. 420 Bedford Street Lexington, MA 02 173 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. Petitioner/Claimant, ) v. ) ) COMMUNITY REFUSE SERVICE, INC. ) ) RespondentJOwner. ) CIVIL DIVISION No. 01-148 MLD Term MECHANIC'S LIEN CLAIM NOTICE OF PENDING BANKRUPTCY Community Refuse Service, Inc. hereby states that on January 1 I, 2001 it filed a petition for relief under Chapter 11 office Bankruptcy Code, 11 U.S.C. § 101 et seq., in the United States Bankruptcy Court for the District of Delaware, Case No. 01-0124, and that this action is stayed pursuant to 11 U.S.C. § 362(a). Respectfully submitted this I 1th day of April, 2001. COMMUNITY REFUSE SERVICE, INC. By its attorneys, A. Davis Wl~'ltesell (BBO #551462) COHN & KELAKOS LLP 101 Arch Street Boston, MA 02110 (617) 951-2505 CERTIFICATE OF SERVICE The undersigned hereby certifies that on April 11,2001 he caused a copy of the foregoing Notice of Pending Bankruptcy to be served by United States First class mail, postage prepaid upon counsel to National Earth Products, Inc.: Andrew L. Swope, Esq. KIRKPATRICK & LOCKHART 240 North Third Street Harrisburg, PA 17101 Dated this 1 lth day of April, 2001. A Da W 789p\notice bankr (National).3 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. Petitioner/Claimant, COMMUNITY REFUSE SERVICE, INC. Respondent/Owner CIVIL DIVISION No. 01-148 MLD Term MECHANIC'S LIEN CLAIM AFFIDAVIT OF SERVICE The undersigned hereby certifies that on April 10, 2001, a true and correct copy of the attached Order entered by the Court on April 5, 2001, was served by first class United States mail, postage prepaid, addressed to the following: Community Refuse Service, Inc. 142 Vaughn Road Shippensburg, PA 17257 Waste Systems International, Inc. 420 Bedford Street Lexington, MA 02173 This Affidavit is made pursuant to the penalties 18 Pa.C.S. §4904 relating to unsworn falsification to authority. Dated: May 21, 2001 Respectfully submitted, Andrew L. Swope Pa. I.D. No. 55817 KIRKPATRICK&LOCKHART LLP 240North Third S~eet Harrisburg, PA 17101 (717)231-4500 Attorneys for Claimant, National Earth Products, Inc. CERTIFICATE OF SERVICE I certify that on May 21, 2001, I caused to be served a true and correct copy of the foregoing document by first class mail upon the following: Commtmity Refuse Service, Inc. 142 Vaughn Road Shippensburg, PA 17257 Waste Systems International, Inc. 420 Bedford Street Lexington, MA 02173 A. Davis Whitesell, Esq. Cohn & Kelakos LLP 101 Arch Street Boston, MA 021 I0 KIRKPATRICK Attorneyi Payne Shoem~ 740 North Harrisbur~ 717.23 LLP THE COURT OF COMMON PLEAS OF CUMBER1. ANI) COlYNTY NATIONAL EARTH PRODUCTS, INC. Petitioner/Claimant, COMMUNITY REFUSE SERVICE, IN(?. Respondent/Owner CIVIL DIVISION No. 01-148 MLI) Term MECHANIC'S IAEN CLAIM ORDER ,aN'l) N()W. ~ ,c~ &/' , 2001, upon consideration of thc Petition ,.\mcndmcnl of Mech;mic's Lien Claim, it is hereby ordered that Petitioner. National I~mducts, Inc. is granted leave to amend the Mechanic's Lien Claim in thc manner rcqucsk'd :!n thc Petition. l~hc amended mechanic's lien claim must be filed within &o tko) s of tiffs order. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATIONAL EARTH PRODUCTS, INC. Claimant, COMMUNITY REFUSE SERVICE, INC. d/b/a CUMBERLAND COUNTY LANDFILL, and WASTE SYSTEMS INTERNATIONAL, INC., as their interests may appear Owner or Reputed Owner. CIVIL DIVISION No. 01-148 MLD Term MECHANIC'S LIEN CLAIM CERTIFICATE OF SATISFACTION OF CLAIM On January 9, 2001, National Earth Products, Inc. ("NEP") filed for record in the office of the Prothonotary of Cumberland County, Commonwealth of Pennsylvania, a mechanic's lien claim, at Docket No. 01-148 MLD. Such claim is against property, together with improvements thereon, owned by Community Refuse Service, Inc. d/b/a Cumberland County Landfill and/or Waste Systems International, Inc. located at Hopewell Township, State Route 31, known as the Cumberland County Landfill and as more fully described in the Statement of Mechanic's Lien. Such claim is for labor performed and the materials supplied by NEP upon and in connection with the Cumberland County Landfill. HA~132669 vl In December 2002, the indebtedness secured by the above-mentioned claim was fully satisfied. NEP certifies that the claim is released and discharged, and authorizes and directs that the same be discharged of record. Kirkpatrick & Lockhart LLP Date: May 14, 2003 Andrew L. Swope Pa. Supreme Court No. 55817 240 North Third Street Harrisburg, PA 17101 (717) 231-4500 Counsel for National Earth Products, Inc. 2 Ft. THOMA~ KLINE ~heriff EDWARD L. ~CHORPP OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvani~ 17013 ~=[ONNY R. ANDERSON Ghle! Deputy PA'rRICIA A. SHATTO Re~l Estate FACSIMILE TRA2'ISMITTAL FORM NUMBER OF PAGES (INCLUDR,~G COVKR SHEET) MESSAGE: Ofiice Number (717) 240-6290 FAX NUMBER (717) 240-6397 EXHIBIT B CASE NO: 2001-00148 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATI0~AL EARTH PRODUCTS INC VS COMMUNITY REFUSE S~RVICE DAVID MCKINNEY Cumberland County, Pennsylvania, says, the within MECHANICS LIEN CLAIM COMMUNITY REFUSE SERVICE INC OWNER , at 0015:35 ~OURS, at 142 VAUGHN RD SHIPPENSBURG, PA 17257 MARK KATRINA (GENERL MANAGER) a true and attested copy of MECHANICS LIEN CLAIM NOTICE OF CLAIM Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the ~Sth day of ~anuary , together with by handing to 2001 and at the same time directing H~.~ attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 10 Affidavit Surcharge lO 38 Sworn and Subscribed to me this day of Prothonotary O0 54 O0 00 00 54 before So AJlswsrs: R. Thomas Kline 01/26/2001 IT CORPORATION Depu&y Sheriff TOTAL PAGE. 82 >~* CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the foregoing Affidavit of Service of Notice was served by First Class, U.S. Mail, Postage Paid, on February 12, 2001 on the following: Community Refuse Service, Inc. 142 Vaughn Road Shippensburg, PA 17257