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HomeMy WebLinkAbout10-0678J WHITE WOLF PLASTERING, INC., Claimant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r? N MECHANIC'S LIEN CLAIM SHREE KRISHNA HOSPITALITY, LP Owner NO. 'U .- MECHANIC'S LIEN CLAIM C t._ C?7 AND NOW comes the Claimant, White Wolf Plastering, Inc. ("White Wolf"), who, by and through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Mechanic's Lien Claim, and in support thereof, avers as follows: 1. Claimant, White Wolf, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a business address of 4250 Conewago Road, Dover, Pennsylvania 17315. White Wolf is filing this claim as a contractor under the Mechanic's Lien Law of 1963. 49 P. S. § 1101 et seq. 2. The record owner in fee of the Property subject to the lien is Shree Krishna Hospitality, LP, which has a business address of 1255 Harrisburg Pike, Carlisle, Pennsylvania 17103. 3. The date on which White Wolf completed the work for which this claim is being made was December 9, 2009. 4. The amount claimed to be due is $48,928.00 and is for the following labor and materials: a. 2,600 square feet of additional stucco @ $5.00 per square foot: $13,000.00 b. 868 linear feet of band work @ 6.00 per linear foot: $5,208.00 C. Removal of roof overhand 12 hours @ $37.50 per hour: $450.00 d. Windows and refraining cost: $2,270.00 e. Labor cost for extras: $10,000.00 gly. 01-1 pd C4? c0t- JS-lb f. Materials for stucco: $16,000.00 g. Miscellaneous heating cost and removal of scaffold: $2,000.00 Total Owed: $48,928.00 A true and correct copy of the principal contract between White Wolf and the owner setting forth the work White Wolf performed is incorporated herein, made a part hereof, and attached hereto as Exhibit A. 5. The improvement and property claimed to be subject to the lien is the real property (including all improvements thereon) located at 1255 Harrisburg, Pike, Carlisle, Pennsylvania 17103, which is currently being operated as a Quality Inn hotel. A true and correct copy of the deed to the property subject to the lien is incorporated herein, made a part hereof, and attached hereto as Exhibit B. WHEREFORE, Claimant, White Wolf Plastering, Inc., claims to have a lien upon the premises herein described in the amount of $48,928.00, plus interest, costs of suit and such other and further relief as the Court may deem appropriate. DATED: January 27, 2010 Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Thomas A. ZBeckley, squire 11 /r Thomas S. Beckley, Esquire Attorneys for Claimant White Wolf Plastering, Inc. 2 fan Lo "iu "iz:zzp Hntnonv -sUgna /^/3U8133U JAN-20-2010 DIED 05:00 PM Beckley & Madden FAX N0, (1QJ36m VF,RIF CATION 1, Tony Suglia, hereby verify that 1 an an adult individual, that I am the President of White Wolf Plastering, Inc.; that I am authorized to make this statement on behalf of White Wolf Plastering, hic.; that 1 have head the foregoing document, and that the facts set forth in the foregoing document are true to the best of ray knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,-S, § 4904 re!ating to =sworn falsification to authorities. tlute Wolf Plastering, lM" By: Tory fiti f a, Presidenf p.2 r, uo 3 ?b ? ?' ??? R, ti- ; u1broce woLF PLASTERINCs, DRVVIT a STUCCO PROPOSAL AND CONTRACT Attn: Ramesh Patel Date: 7-23-09 Project: Quality Inn, EIFS, Framing and Roofing Location: 1255 HGB. Pike Carlisle Pa. Price to include all labor, materials and warranty's All work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of (Roofing) - to include all tie ins . bracing , metal cappings on new roof line walls metal roofs on new towers zseal and flash any and all roof uenetrations. (lashings to all new franlina ,crickets to redirect water to new drainage system ---$45,000.00 (Framim )- to include footings ,six new towers at entrapM ways, extend and raise roof line on two main bldm. Front and back by 2ft. 6 inches and 3fit. on bar bldg. Fmnt and back, laundry blde.bv S ft. on front and 10 ft.return on hwv. Stile. We are in aQreeance that the paranit walls at roof line are not to exceed 36i aches in height or there wi71 be an additional cost ---$43.000.00 MUFS)- Install new complete system using inch and a half eta foam board and moisture drainage Payments to be made as the work progresses as follows: 1/3 down for materials and start up 1/3 at half way point and remainine 1/3 uuon satisfactorv completion. The entire amount of the contract to be paid within -10 days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of prevailing labor and material costs. By: Tony Suglia fact- 717-308-1330 Company Name: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 "YOU THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TB4E PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION." You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. Owner: Date: 3/`?' uib Cce UtOLIF PLASTERIma, DRWIT Qi STUCCO L t Work Order and Contract White Wolf Plastering Inc. 4250 Conewago Rd. Dover, Pa. 17315 Work Order Number: 001 Date of contract: 7-31-09 Owner. Ramesh Patel 1255 Harrisburg Pike, Carlisle Pa. 17013 Contractor: White Wolf Plastering Inc. 4250 Conewago Rd. Dover, Pa 17315 PROJECT SCOPE Provide labor, tools, materials and supervision to install all work agreed upon. Work Completion Date: 9-30-09 (Weather and black out dates to be taken into consideration) Project : Roofing Framing and EIFS (For details please see attached document) Location: Quality Inn - 1255 Harrisburg Pike Carlisle Pa. Work Order Price: -($1,10,000.00 )- One Hundred Ten Thousand Dollars--- ($36,666.66) down payment for materials. Balance to be paid in two additional payments of $36,666.00 satisfying the total contract amount of $110,000.00 .Final amount to be paid in full within 10 days after completion. Billing Date: Hard copy to Ramesh Patel within one week prior to expected payment date. 1 "0 above rCMjb aw imarporatcd by rafbrence below) 1. Contract Documents: The term "Contract Documentr" as used herein shall mean the Work Order between Contractor and owner, as well as, the Project Plans and Specifications, and all conditions and addenda applicable thereto. 2. Work: Contractor shall supply materials and scaffolding or lifts as needed to complete the Work. Sub-Contractor shall perform and finish all labor, tools and supervision and all other things necessary to prosecute and Work Order lof4 complate the Work The Work shall be performed by Sub-Contractor in a and wo anlike manner good strictly to accordance with the Contract Documents. With respect to the Work, Sub-Contractor agrees to ne bouna w conmeavi by the terms and conditions of the Contract Documents and this Work Order. All communications to and from the owner shall be forwarded through the Contractor. The Contractor will provide administration of the Contract. 3. Price: Owner shall pay to Contractor for the satisfactory performance and completion of the work and all duties, obligations and responsibilities of Contractor under this Work Order, the sum set forth above as the price which shall be deemed to include all costs of Contractor's performance ofthe Work. 4. Progress Payments: On or before each Billing Date, Contractor shall submit to owner, a progress payment application showing the value of the Work installed ("Completed Work'). The Contractor shall include the Sub- Contractor's Work covered by that application in the next Application for Payment which the Contractor is entitled to submit to the owner. The Contractor shall pay the Sub-Contractor sums due within seven (7) working days after the Contractor has received payment from the owner. 5. Final Payment: A final payment, consisting of the unpaid balance of the Price, shall be made within 10 days after the last of the following to occur: (a) completion of the Work by the Sub-Contractor, (b) acceptance thereof by Contractor, and Owner, ( c) furnishing of evidence satisfactory to Owner and there are no claims, obligations, liens outstanding or unsatisfied :for labor, services, materials, equipment, taxes or other items performed furnished or incurred in connection with the Work, (d) delivery of all guaranties, warranties, bonds, instruction manuals, diagrams, as built drawings and similar items required by Contractor or its suppliers or subcontractors, (e) delivery of general release, in a form satisfactory to owner executed by Contractor. (f) the Contractor has received payment from the owner including retention applicable to the Sub-Contractor's work. 6. Time: Time is of the essence- Therefore, Contractor shall begin the Work upon owners order to do so, and perform Work diligently and promptly and in such order and sequence as owner may direct, so as to achieve completion of the Work not later than the "Work Completion Date" shown on page 1 of this Work Order. Extensions of time shall be Contractor and owners sole remedy. 7. Change Orders: Contractor may from time to time, by written order ("Change Order") to Sub-Contractor, make changes in the Work and Sub-Contractor shall thereupon perform the viuaugcd Work in naoordance with the t.rmo.af the Work Order. The price shall be adjusted by the net amount of any direct savings and direct costs attributable to the Change Order. 8. Insurance: Before commencing the Work, Sub-Contractor shall famish Contractor with an insurance Certificate showing at least the following coverages: Comprehensive General Liability Bodily lnjury $1,000,0001$2,000,000 Property Damage $1,000,000/$2,000,000 Umbrella Liability $2,000,000 each occurrenceiaggregate The Insurance Cenificate shall name White Wolf Plastering Inc. as additional insureds Sub-Contractor shall obtain and maintain the insurance at its expense for the duration of its Work and require ofthe issuing company that thirty (30) days notice must be given the Contractor prior to the cancellation or expiration of any of the required policies. 9. indemnity: To the fullest extent permitted by law, the Sub-Contractor shall indemnify and hold harmless the Owner and Contractor, their agents and employees, from and against claims, damages, losses and expenses, (including attorney's fees) demands, suits and causes of action, arising out of, caused by, resulting from or occurring in connection with the performance of the Work hereunder, or by or on account of any act or omission of the Sub-Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable and regardless of whether or not such claim, damRge. Ions or expense is caused in part by a party indemnified hereunder. In the event that any party is requested but refiises to bonor the indemnity obligations hereunder, then the party indemnifying shah, in additive to all other obligations, and upon adjudication of the party's liability for indemnification, pay the cost of bringing such action, including, but not limited to, attorney's fees, costsy and expert fees, to the party requesting indemnity. 10. Assignment: Contractor shall not assign or subcontract any part of the Work, without the prior consent of Work Order 2of 4 f??? Owner. Sub-Contractor shall not be relieved of its duties and obligations hereunder by any such assignment or subcontract. 11. Compliance: -Owner shall, at its own expense, obtain all necessary licences and permits pertaining to the Work and comply with all statutes, ordinances, rules, regulations and order of any governmental or quasi-governmental authority having jurisdiction over the Work or the performance thereof, and respond to, and shall defend, indemnify and hold harmless Contractor from and against any loss, liability or expense arising from any such violations and any citations, assessments, fines or penalties resulting therefrom 12. Safety: Contractor shall establish and implement safety measures, policies and standards conforming to those required or recommended by governmental and quasi governmental authorities having jurisdiction over the Project. In no event shall the Owner or Contractor be responsible for the safety program of the Sub-Contractor or for failure to adhere to any safety program. 13. Cleaning Up: Contractor shall keep the premises at all times free from waste materials, packaging and other debris accumulated in connection with the Work and, at fiat inspection, clean and prepare the Work for acceptance by the Owner. The Contractor may clean and remove waste materials or rubbish from the premises and surrounding area and charge the cost thereof to the Sub-Contractor upon 24- hour advance notice to the Sub-Contractor if, in the sole opinion of the Contractor, the Sub-Contractor fails to keep the premises clean. 14. Guarantees: Sub-Contractor warrants and guarantees the Work to the fullest extent provided for the Contract Documents, but in no event shall the period of such guarantee be less than one year from the time of acceptance of the Project by Owner. 15. Damage: Contractor shall not be liable or responsible for loss or damage to the equipment, tools, facilities, or other personal property owned rented, or used by Sub-Contractor, or anyone employed by Contractor, in the performance of the Work, Except to the extent of any proceeds received by Contractor for the benefit of Sub-Contractor under builder's risk or fire insurance, Contractor shall not be liable or responsible for any loss or damage to the Work, and Sub-Contractor shall be responsible for the correction or restoration of any such loss or damage to the Work, or to the work of any other Sub-Contractor, resulting from operations of Sub-Contractor, or its subcontractors, agents, servants, or employees hereunder. 16. Default: Should Contractor at any time. (a) fail to supply the labor, tools supervision and other things required of it in sufficient quantities and of sufficient quality to perform the Work with the skill, conformity, promptness and diligence required hereunder, (b) cause stoppage or delay of or interference with the Project work, ( c) become insolvent, or (d) fail in the performance of observance of any of the covenants, conditions or other terms of this Work Order, then in any such event, each of which shall constitute a default hereunder by Sub-Contractor, Contractor shall, after giving Sub- Contractor notice of default and 48 hours within to cure, have the right to remedy the default by whatever means Contractor may deem necessary or appropriate, including, but not limited to, correcting furnishing, performing or otherwise completing the Work, or any part thereof, by itself or througb others (utilizing where appropriate any materials and equipment previously purchased for that purpose by Contractor) and deducting the cost thereof (plus an allowance for administrative burden equal to 15% of such costs) from any monies due to become due Contractor hereunder, and recover from Contractor all losses, damages, penalties and fines, whether actual or liquidated, direct or consequential, and all reasonable attorney's fees suffered or incurred by Owner or Contractor by reason of or as a result of Sub-Contractor's default. 17. Modification: This Work Order shall not be modified by any oral agreement, implied agreement or custom and no waiver by the Contractor of these provisions shall be deemed to have been made unless in writing. 18. Legal Foram: Any disputes as to the operation, fulfillment or meaning of this Work Order or breach thereof shall be resolved either by arbitration or by action at law, at the sole option ofthe Contractor. Such action or arbitration shall take place or be brought York County, Pennsylvania. 9. ermizadon: This Work Order may be terntutated by the Contractor for its convenience. in the event of such temimatioff; shall be paid for the reasonable value of work performed to date. In no event shall Contractor be responsible for any lost profits or any other damages ofthe Contractor, including, but not limited to, consequential damages. 20. Waiver of Liens: Contractor, for itself and all employed by and through it, unconditionally waives, releases and relinquishes any and all liens and claims or rights of lien upon the Project site, any improvements thereon, and/or Work Order 3of4 property of the Contractor. r•? In Witness Whereof, with the intenr to hi- Dally hn"T'd herehy, the P"Tficx Sol. their hails and seals the day first above written. By: NamelTitle K A fAC- S H ? A (F-E- Company_?YesL(Yi nato: 205? Work Order Number: 001 By. Tony Suglia, ident White Wolf Plastering Inc. Date: " 1 - 3 t.]9 Date of Work Order: 7-3 1 -U9 Contractor's Federal Employment Identification No.:--- 202989301 Work Order 4of 4 Detail Explanation of work: Roofmg: 1: Metal roof on all new towers & parapet wall capping to match existing front metal roof. 2: match township requirement for wind & snow load. Framing: 1: GM Office with Front & Side Tall Glass windows & floor. One exit door to Bar-roof' from office. 2: Gate -A back side, to be match with front gate, for symmetric view of building, to include extension of concrete pad on rear gate-A 3: Framing to match township requirement for wind & snow load. EIFS: 1: Color of EIFS as per CHOICE franchise requirements. 2: All six towers at entrance ways, extended and raise roof lines, all visible areas. 3: All front entrance, & both side of polo lounge, Break fast, up to entrance -A. 3: All drainage systems, new & existing to give a consistence look to property. X - X_4.4cl? )?aw ed-? Oitt cogtgd. Lubtce woLf: PLASTERING, DRYVIT STUCCO PROPOSAL AND CONTRACT To: Ramish Patel Date: 11-15-09 Phase -Band work Project: Quality Inn Location :1255 HGB. Pike Carlisle Pa. We propose to perform all labor necessary and supply all materials to complete the following: If tenting & heating become necessary it will be owners responsibility for cost. All band work to be an extra charge as it is not in original contract as discussed with Jitan. All band work will be applied at a rate of six dollars per liner foot to cover the cost of labor and materials. Band work completed to date carries a balance of one thousand six hundred and eight dollars for 2681in.fi. Additional band work at top of gates and top of three foot parapet walls total to 1,762 lin. ft. at six dollars per is ten thousand five hundred seventy two dollars. Total cost to complete is (12,180.00) All of the above work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of: Twelve Thousand One Hundred Ei¢hty Dollar_s_ 12 180.00 Payments to be made as the work progresses as follows. 50% down and balance to be naM upon completion. The entire amount of the contract to be paid within _10 days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of labor and material costs. By. Tony Suglia fax- 717-308-1330 Company Name: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-3242726 You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. Owner. Date: Contractor: Date: 0 Ulb rCc U10tF PLASiranim a, DRYvIT STUCCO PROPOSAL AND CONTRACT To: Ramish Patel Date: 10-09-09 Change Order Project: Removal of front roof overhang Location :1255 HGB. Pike Carlisle Pa. Removal of front roof overhang in new office area completed at owners request. . Price to do so is based on time and material at a rate of $37.50 per man hr. 2 men, worked for six hrs to complete. Total man hrs. 12. Balance due $450.00 All of the above work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of Four Hundred Fiji Dollars Payments to be made as the work progresses as follows: Payment in full as work is 100% complete. The entire amount of the contract to be paid within 10 days after completion. The price quoted for immediate acceptance only. Any delay in acceptance wilt require a verification of labor and material costs. By: Tony Suglia fax- 717-308-1330 Company Name: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. (to Owner. Date: Contractor: Date. v Lub(ce uaoLF PLASTERING, DRYVIT STUCCO PROPOSAL AND CONTRACT To: Ramish Patel Change Order z ?YlY ? Date: 12-9-09 r.- Project: Stucco and EIFS application Location :1255 HOB. Pike Carlisle Pa. To Complete extra EMS Original EIFS bid at $22,000.00 based on $5.00 per sq.ft.price .totaling 4,400 sq.ft. After all changes the actual total sq. ft. of eifs to be completed is 12,869 sq.ft. leaving a difference of 8,469 sq.ft. @ $5.00 per is $42,345.00 Change order must be singed and returned to White Wolf Plastering inc. to continue this project. Price to include all labor and materials. All of the above work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of Forty Two Thousand Three Hundred Forty Five Dollars $42,345.00 Payments to be made as the work progresses as follows: 50% down upon acceptance of change order Remaining 50% to be paid in full within ten days of completion The entire amount of the change order to be paid within i0 days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of labor and material costs. By: Tony Suglia fax- 717-308-1330 Company Name: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. Owner. Date: Contractor Date: uihtce woLF PLASTunims, DRYvIT STUCCO PROPOSAL AND CONTRACT To: Ramish Patel Date: 10-01-09 Chanize Order Project: Windows in front & rear towers Location :1255 HGB. Pike Carlisle Pa. As per the signed change order dated 9-17-09 White Wolf Plastering has agreed to supply windows measuring up to 3'6" x 6' 8" for up to four windows. The window measurements specified by Ramish Patel for towers are as follows, two store fronts measuring 9' 5" x 8', one comer window measuring 2'6"x 8' and one window on rear tower measuring 3'6" x 6'8" (this window is within original change order parameters) The difference in cost for changes on the three remaining windows is $1,870.56.Also the cost of re framing window openings to new specifications based on time and material is $400.00 for a total additional cost of $2,270.56. All of the above work to be completed in a substantial and workmanlike manner according to the terns and conditions for the sum of: Two Thousand Two hundred Seventy dollars and Fifty Six Cents $2.270.56 Payments to be made as the work progresses as follows: 100% down upon acceptance of proposal. The entire amount of the contract to be paid within -days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of labor and material costs. By: Tony Suglia fax- 717-308-1330 Company Dame: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. ..------- r Owner: Date: Contractor: Date ? 1'1 1 ? ? X .,. nti Prepared by: Michelle Brennan Scullin, E8quire Salvo Landua Gruen & Rogers 510 Township Line Road, Suite 150 Blue Bell, PA 19422 215-653-0110 Return to: Tag Parcel #1 /-.L2 0 31 PENNSYLVANIA DEED SPECIAL WARRANTY DEED from CNR HOSPITALITY ENTERPRISES, LP to SHREE KRISHNA HOSPITALITY, LP Premises: 1255 Harrisburg Pike, Carlisle, Pennsylvania The address of the above-named Grantee is: By: 1 SPECIAL WARRANTY DEED THIS INDENTURE dated the 'day of )Pyy' 2008 to be effective as of the day of , in the year of our Lord two thousand and eight (2008), BETWEEN CNR HOSPITALITY ENTERPRISES, LP, a Pennsylvania limited partnership (hereinafter called the "Grantor"), of the one part, and SHREE KRISHNA HOSPITALITY, LP, a Pennsylvania limited partnership (hereinafter called the "Grantee"), of the other part, WITNESSETH That the said Grantor for and in consideration of the sum of Four Million Eight Hundred Thousand Dollars ($4,800,000), lawful money of the United States of America, unto it well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantee, its successors and assigns, ALL THOSE CERTAIN lots or pieces of ground more particularly described on Exhibit "A" attached hereto and made a part hereof under and subject to all matters of record. TOGETHER with all and singular the buildings and improvements, ways, streets, alleys, driveways, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of it, the said Grantor, as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD the said lot or piece of ground above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns, to and for the only proper use and behoof of the said Grantee, its successors and assigns forever. AND the said Grantor, for itself, its successors and assigns, does covenant, promise and agree, to and with the said Grantee, its successors and assigns, by these presents, that it, the said Grantor and its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns, against it, the said Grantor and its successors, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under it, shall and will WARRANT and forever DEFEND. IN WITNESS WHEREOF, the party of the first part hereunto has caused these presents to be duly executed by its authorized officer, the day and year first above written. Witness: CNR HOSPITALITY ENTERPRISES, LP By: 'NR Ho 'tali nteiprises, LLC .1r ? By: Name: 61 l1. D2rSN P TEL. Title: MAn?A6=iN? j?lE/yl f ?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF))_ SS On this, the -&- day of , 2008, before me, a Notary Public in and for the State(d County aforesaid, the undersigned officer, personally appeared 44dbeesrl T /+)"r,- , who acknowledged himself to be the managing member of CNR Hospitality Enterprises, LLC, which in turn is the sole general partner of CNR Hospitality Enterprises, LP, the grantor, and that he as such managing member of CNR Hospitality Enterprises, LLC, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the company by himself as managing member on behalf of the partnership. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise M. Stubel, Notary Public P)Xmouth TV, Morhgwwy County My Commission Expires Aug. 8, 20o8 Member, Pennsylvania Association of Notaries EXHIBIT "A" LEGAL DESCRIPTION PARCEL NO. 21-18-1357-031 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pipe on the southern right-of-way line of U. S. Route 11, L.R. 34, at the comer of lands owned now or formerly by Betty L. Rice; THENCE along the right-of-way of said road by a line curving to the right in a southeasterly direction with a radius of three thousand two hundred six and six one-hundredths (3206.06) feet for a distance of two hundred forty-one and ninety-seven one-hundredths (241.97) feet, the arc of which is subtended by a chord bearing South eighty-five degrees fifty minutes forty-four seconds East (South 85 degrees 50 minutes 44 seconds East), two hundred forty-one and ninety-two one-hundredths (241.92) feet to a point; THENCE along the same South eighty-three degrees forty-one minutes zero seconds East (South 83 degrees 41 minutes 00 seconds East), forty and eighty-eight one-hundredths (40,88) feet to a point on the right-of-way line of Ramp "A"; THENCE along the right-of-way of Ramp "A", South six degrees nineteen minutes zero seconds West (South 06 degrees 19 minutes 00 seconds West), twelve and zero one-hundredths (12.00) feet to a point; THENCE along the same South eighty-three degrees forty-one minutes zero seconds East (South 83 degrees 41 minutes 00 seconds East), one hundred sixty-six and forty-four one-hundredths (166.44) feet to a point; THENCE along the same, South seventy-three degrees four minutes three seconds East (South 73 degrees 04 minutes 03 seconds East) ninety-three and eight one-hundredths (93.08) feet to a point; THENCE along the same by a line curving to the right in a southeasterly direction with a radius of two hundred seventy and zero one-hundredths (270.00) feet for a distance of fifty-one and ninety-Mro one- hundredths (51.92) feet, the arc of which is subtended by a chord bearing of South seventy-eight degrees ten minutes thirty-four seconds East (South 78 degrees 10 minutes 34 seconds East), fifty-one and eighty-four one-hundredths (51.84) feet to a point; THENCE along the same South seventeen degrees nineteenminutes fifty-nine seconds West (South 17 degrees 19 minutes 59 seconds West), ten and zero one-hundredths (10.00) feet to a point; THENCE along the same by a line curving to the right in a southeasterly direction with a radius of two hundred sixty and zero one-hundredths (260.00) feet for a distance of two hundred forty-five and twenty one- hundredths (245.20) feet, the arc of which is subtended by a chord bearing of South forty-five degrees thirty- nine minutes zero seconds East (South 45 degrees 39 minutes 00 seconds East), two hundred thirty-six and twenty-one one-hundredths (236.21) feet to a point; THENCE along the same South seventy-one degrees twenty-tyro minutes zero seconds West (South 71 degrees 22 minutes 00 seconds West), five and zero one-hundredths (5.00) feet to a point; THENCE along the same by a line curving to the right in a southeasterly direction with a radius of two hundred fifty-five and zero one-hundredths (255.00) feet for a distance of eighty-two and sixty-one one- hundredths (82.61) feet, the are of which is subtended by a chord bearing South nine degrees twenty-one minutes eight seconds East (South 09 degrees 21 minutes 08 seconds East), eighty-two and twenty-five one- hundredths (82.25) feet to a point; THENCE along the same by a line curving to the right in a southwesterly direction with a radius of six hundred thirty-five and zero one-hundredths (635.00) feet for a distance of one hundred thirty-seven and ninety-eight one-hundredths (137.98) feet, the arc of which is subtended by a chord bearing South six degrees nine minutes fourteen seconds West (South 06 degrees 09 minutes 14 seconds West) one hundred thirty-seven and seventy-one one-hundredths (137.71) feet to a point; THENCE along the same, South seventy-seven degrees thirty-seven minutes sixteen seconds East (South 77 degrees 37 minutes 16 seconds East), five and zero one-hundredths (5.00) feet to a point; THENCE along the same by a line curving to the right in a southwesterly direction with a radius of six hundred forty and zero one-hundredths (640.00) feet for a distance of one hundred thirty-eight and sixteen one-hundredths (138.16) feet, the arc of which is subtended by a chord bearing South eighteen degrees thirty- three minutes forty-seven seconds West (South 18 degrees 33 minutes 47 seconds West), one hundred thirty- seven and eighty-nine one-hundredths (137.89) feet to an existing iron pin at the corner of lands owned now or formerly by Harold Z. Svddler; THENCE running with and along the lands of Swidler North seventy-one degrees forty-three minutes forty- two seconds West (North 71 degrees 43 minutes 42 seconds West), sixty-two and eleven one-hundredths (62.11) feet to a point; THENCE along the same, North eighty-six degrees eleven minutes seventeen seconds West (North 86 degrees 11 minutes 17 seconds West), two hundred four and eighty-three one-hundredths (204.83) feet to a proposed concrete monument; THENCE along the same South five degrees fifty-six minutes twenty seconds West (South 05 degrees 56 minutes 20 seconds West), two hundred forty-two and ninety-five one-hundredths (242.95) feet to an existing iron .pin; This policy valid only if Schedule "A' is attached. i - a THENCE along the same, North eighty-four degrees fifty-four minutes sixteen seconds West (North 84 degrees 54 minutes 16 seconds West), three hundred seventy-four and sixty-four one-hundredths (374.64) feet to a proposed concrete monument; THENCE along the same, North two degrees fifty-five minutes fifty-five seconds West (North 02 degrees 55 minutes 55 seconds West), two hundred thirty-six and three one-hundredths (236.03) feet to an existing iron pin at the corner of lands owned now or formerly by Carlisle Inn Joint Venture; THENCE running with and along lands of Carlisle Inn Joint Venture, North four degrees twenty-one minutes fifty-two seconds West (North 04 degrees 21 minutes 52 seconds West), four hundred twenty-five and twenty-three one-hundredths (425.23) feet to a proposed concrete monument at the comer of lands owned now or formerly by Betty L. Rice; THENCE running with and along lands of Rice, North zero degrees thirteen minutes four seconds West (North 00 degrees 13 minutes 04 seconds West), one hundred thirty-one and sixty-nine one-hundredths (131.69) feet to an existing iron pipe on the southern right-of-way line of U. S. Route 11, the PLACE OF BEGINNING. CONTAINING ten and eight hundred ninety-eight one-thousandths (10.898) acres. 445030vt This policy valid only if Schedule "A" is attached. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~,~,,~tr ui ~~r3tiGr~~~~~ A, F€.~~:-f=uE '~~ T~1~ P~^1"rl(~~QTARY 1010 FE~3 -9 A~ (I ~ 04 C~I~eQI-at ~~jt'!~ti 1''~~r~"~'~~f,~a ~~~ White Wolf Plastering, Inc. vs. Shree Krishna Hospitality, KP Case Number 2010-678 MLD SHERIFF'S RETURN OF SERVICE 02/02/2010 09:45 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2010 at 0945 hours, he served a true copy of the within Notice of Mechanic's Lien Claim and Mechanic's Lien Claim, upon the within named defendant, to wit: Shree Krishna Hospitality, KP, by makinc known unto Sandip Patel, Manager for Quality Inn Hotel at 1255 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 February 03, 2010 SO AN ERS, 1 O Y~ AN~SON, SHERIFF Geu^,'ySu~t~ She:nf(. Te'^.ns:;?(. ~~':.. WHITE WOLF PLASTERING, INC., Claimant V. SHREE KRISHNA HOSPITALITY, LP Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANIC' S LIEN CLAIM NO. 10-678 MLD AFFIDAVIT OF SERVICE OF NOTICE ~ ~~ f • •~ t' r,' ' C.' ~= ,~: ~~; t .~ N _q C' ~o -tom -:ai: N cn r,; I, Shawn Harrison, being duly sworn according to law, depose and say as follows: 1. I am an adult individual employed by the Cumberland County Sheriff s Office, Carlisle, Peru.s;,~lz~ania, ~s a L~enuty Sheriff; ~.J ._E 7 '~~--"' _z :~; , "7-' --c '~ ~`~ ~.1 _~ -~c 2. On February 2, 2010, I served a Notice of Mechanic's Claim upon Shree Krishna Hospitality, LP, in the following manner: handing a copy of the Notice of Mechanic's Lien Claim to Sandip Patel, Manager for Quality I otei, at the following address: 1255 Harrisburg Pike, Carlisle, Pennsylvania 17 S Harrison Sworn to d subscribed before me this day of ~_,(Q NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland Count)- My Commission Expires April 4, 2013 a _...., .A WHITE WOLF PLASTERING, INC., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. MECHANIC'S LIEN CLAIM SHREE KRISHNA HOSPITALITY, LP Defendant NO. 10-678 MLD NOTICE ,. gym . YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or any other claim for relief requested by the Plaintiff. You may lose money or property or other right important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT HAVE A LAWYER CONTACT: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 WHITE WOLF PLASTERING, INC., Plaintiff V. SHREE KRISHNA HOSPITALITY, LP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANIC'S LIEN CLAIM NO. 10-678 MLD COMPLAINT IN ACTION UPON MECHANIC'S LIEN CLAIM AND NOW comes the Plaintiff, White Wolf Plastering, Inc. ("White Wolf'), who, by and through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley.. Esquire, and Beckley & Madden, of Counsel, files this Complaint in Action Upon Mechanic's Lien Claim, and in support thereof, avers as follows: 1. Plaintiff, White Wolf Plastering, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a business address of 4250 Conewago Road, Dover, Pennsylvania 17315. 2. The Defendant is Shree Krishna Hospitality, LP, a limited partnership organized and existing under the laws of the Commonwealth of Pennsylvania, which has a business address of 1255 Harrisburg Pike, Carlisle, Pennsylvania 17103. The Defendant operates a Quality Inn hotel on the property at issue. 3. On January 27, 2010, White Wolf filed a mechanic's lien claim in the Court of Common Pleas of Cumberland County, Pennsylvania, at docket number 2010-678MLD, a true and correct copy of which lien is incorporated herein, made a part hereof, and attached hereto as Exhibit A. WHEREFORE, Plaintiff, White Wolf Plastering, Inc., respectfully requests the Court to enter a judgment in its favor, and against the Defendant, Shree Krishna Hospitality, LP, in the principal amount of $48,928.00 plus interest, costs of suit and such other and further relief as the Court may deem appropriate. DATED: September 1, 2010 Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717)233-7691 Thomas A. Beckley, squire Thomas S. Beckley, Esquire Attorneys for Plaintiff White Wolf Plastering, Inc. 2 ,Sep 01 ' C ' C;C' a 'oily 7173081330 p.1 A1Jf -31 010 TUE 0351 PM Beek19V & Madden FAX NU. (I (L3Jj14U r, uu VERISICATION t, Tony Sugli:t hereby verify that I am an adult individual; that I am the President of White Wolf Plastering, Inc., that I am authori=d to make this statement on behalf of Whitc Wolf Plastering, Inc.; that I have read the foregoing document, and that the facts set fiorth in the foregoing document are trae to the best of my knowledge, hiformation and belief. I understand that false statements herein are made subject to the penalties of 18 P&C.S. § 4904 relating to unsworn falsification to authorities. Whire Wolf Plasten . Ine. y? Tony Sugl' President 3 1?( WHITE WOLF PLASTERING, INC., Claimant V. SHREE KRISHNA HOSPITALITY, LP Owner IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANIC'S LIEN CLAIM No. I (-7?, NI MECHANIC'S LIEN CLAIM AND NOW comes the Claimant, White Wolf Plastering, Inc. ("White Wolf'), who, by and through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Mechanic's Lien Claim, and in support thereof, avers as follows: 1. Claimant, White Wolf, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a business address of 4250 Conewago Road, Dover, Pennsylvania 17315. White Wolf is filing this claim as a contractor under the Mechanic's Lien Law of 1963. 49 P. S. § 1101 et seq. 2. The record owner in fee of the Property subject to the lien is Shree Krishna Hospitality, LP, which has a business address of 1255 Harrisburg Pike, Carlisle, Pennsylvania 17103. 3. The date on which White Wolf completed the work for which this claim is being made was December 9, 2009. 4. The amount claimed to be due is $48,928.00 and is for the following labor and materials: a. 2,600 square feet of additional stucco @ $5.00 per square foot: $13,000.00 b. 868 linear feet of band work @ 6.00 per linear foot: $5,208.00 C. Removal of roof overhand 12 hours @ $37.50 per hour: $450.00 d. Windows and refraining cost: $2,270.00 e. Labor cost for extras: $10,000.00 f. Materials for stucco: $16,000.00 g. Miscellaneous heating cost and removal of scaffold: $2,000.00 Total Owed: $48,928.00 A true and correct copy of the principal contract between White Wolf and the owner setting forth the work White Wolf performed is incorporated herein, made a part hereof, and attached hereto as Exhibit A. 5. The improvement and property claimed to be subject to the lien is the real property (including all improvements thereon) located at 1255 Harrisburg, Pike, Carlisle, Pennsylvania 17103, which is currently being operated as a Quality Inn hotel. A true and correct copy of the deed to the property subject to the lien is incorporated herein, made a part hereof, and attached hereto as Exhibit B. WHEREFORE, Claimant, White Wolf Plastering, Inc., claims to have a lien upon the premises herein described in the amount of $48,928.00, plus interest, costs of suit and such other and further relief as the Court may deem appropriate. DATED: January 27, 2010 Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Respectfully submitted, Thomas A. Beckley, Esquire Thomas S. Beckley, Esquire Attorneys for Claimant White Wolf Plastering, Inc. 2 / 1 / 3Ut313 3U p.2 JAN-20-2011) WED 05:0f.1 PM Beckley & Madden FAX N0, (1(23;i6t4U r, ua VERIFICATION 1, Tony Suglia, hereby verify that I am air adult individual, that I am the President of White Wolf Plastering, Inc.; that I am authorized to matte this statement on behalf of White Wolf Plastering, lire.; that I have head the foregoing document, and that the facts set forUi in the foregoing document are true to the best of my knowledge, information and belief. I understand that false statements berein are made subject to the penalties of I$ § 4904 relating to znzvorn fal.si icaaon to authorities. White Wfll.f PiastA36ng, Inc. By. , Tony Sv ia,1'r ssident J EXHIBIT A i .T)[02 U.QLF- PLASSTERINS, DRYVIT STUCCO PROPOSAL AND CONTRACT Date: 7-23-09 Attn: Ramesh Patel Project: Quality Inn, EIFS, Framing and Roofing Location: 1255 HGB. Pike Carlisle Pa. Price to include all labor, materials and warranty's All work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of (Roofing) - to include all tie ins , bracing, metal caunines on new roof line walls .- metal roofs on new towers ,seal and flash any and all roof uenetrations, flashium to all new framina crickets to redirect water to new drainage system ---•-545.000.00 (Framing )- to include footings Aix new tourers at entrance ways. extend and raise roof line on two main bldss. Front and back by 2ft. b inches and 8ft. on bar bldg, Front and back. laundry bide.by 8 ft on front. and 10 ft return on hwy. Side. We are in lgle uce that the marauit walls at roof line are not to exceed 36inches in height or there will be an additional cost. ------S43,900.00 (EIFS)- Install new cMnlete system usme inch and a balf em foam board and moisture drainage system on all new constructed areas. To also include main entrance at front of motel, incb and one half cps-foam board over existing emu UJU& and re-cuat ramainin$ area on main entrance. - $22,000.00 (eifs priced at $5.00 aer iit.l (Tatar iab coat - SIXU vua..o0) Payments to be made as the work progresses as follows: 1/3 down for materials and start ug,1/3 at half way point and remaining 113 upon satisfactory gg=letion. The entire amount of the contract to be paid within _10 days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of prevailing labor and material costs. By: Tony Suglia fax- 717-305-1330 Company Name: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 "YOU THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION." You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. Owner: Date: ,a! ZOO? Z l r (00 U10tF PLASTERING, DRYVIT STUCCO Work Order and Contract White Wolf Plastering Inc. 4250 Conewago Rd. Dover, Pa. 17315 Work Order Number: 001 Date of contract: 7-31-09 Owner: Ramesh Patel 1255 Harrisburg Pike, Carlisle Pa. 17013 Contractor: White Wolf Plastering Inc. 4250 Conewago Rd. Dover, Pa. 17315 PROJECT SCOPE Provide labor, tools, materials and supervision to install all work agreed upon. Work Completion Date: 9-30-09 (Weather and black out dates to be taken into consideration) Project : Roofing Framing and EIFS (For details please see attached document) Location: Quality Inn - 1255 Harrisburg Pike Carlisle Pa. Work Order Price: -($1,10,000.00)- One Hundred Ten Thousand Dollars--- ($36,666.66) down payment for materials. Balance to be paid in two additional payments of $36,666.00 satisfying the total contract amount of $110,000.00 .Final amount to be paid in full within 10 days after completion. Billing Date: Hard copy to Ramesh Patel within one week prior to expected payment date. 1 ne above WMIS me iautorporatcd by roference below) 1. Contract Documents: The term "Contract Documents" as used herein shall mean the Work Order between Contractor and owner, as well as, the Project Plans and Specifications, and all conditions and addenda applicable thereto. 2. Work: Contractor shall supply materials and scaffolding or lifts as needed to complete the Work. Sub-Contractor shall perform and furnish all labor, tools and supervision and all other things necessary to prosecute and Work Order lof4 7 complete the wMk ne Work shall be performed by Sub-Contractor in a good and workmanlike manner strictly in accordance with the Contract Documents. With respect to the Work, Sub-Contractor agrees to be bouna ro conu-mLoi by the terms and conditions of the Contract Documents and this Work Order. All communications to and from the owner shall be forwarded through the Contractor. The Contractor will provide administration of the Contract. 3. Price: Owner shall pay to Contractor for the satisfactory performance and completion of the work and all duties, obligations and responsibilities of Contractor under this Work Order, the sum set forth above as the price which shall be deemed to include all costs of Contractor's performance ofthe Work. 4. Progress Payments: On or before each Billing Date, Contractor shall submit to owner, a progress payment application showing the value of the Work installed ("Completed Work"). The Contractor shall include the Sub- Contractor's Work covered by that application in the next Application for Payment which the Contractor is entitled to submit to the owner. The Contractor shall pay the Sub-Contractor sums due within seven (2) working days after the Contractor has received payment from the owner. 5. Final Payment: A final payment, consisting of the unpaid balance ofthe Price, shall be made within 10 days after the last of the following to occur: (a) completion of the Work by the Sub-Contractor, (b) acceptance thereof by Contractor, and Owner, ( e) furnishing of evidence satisfactory to Owner and there are no claims, obligations, liens outstanding or unsatisfied for labor, services, materiais, equipment, taxes or other items performed furnished or incurred in connection with the Work, (d) delivery of all guaranties, warranties, bonds, instruction manuals, diagrams, as built drawings and similar items required by Contractor or its suppliers or subcontractors, (e) delivery of general release, in a form satisfactory to owner executed by Contractor. (1) the Contractor has received payment from the owner including retention applicable to the Sub-Contractor's work. 6. Time: Time is of the essence. Therefore, Contractor shall begin the Work upon owners order to do so, and perform Work diligently and promptly and in such order and sequence as owner may direct, so as to achieve completion of the Work not later than the "Work Completion Date" shown on page 1 of this Work Order. Extensions of time shall be Contractor and owners sole remedy . 7. Change Orders: Contractor may from time to time, by written order ("Change Order") to Sub-Contractor, make changes in the Work and Sub-Contractor shall thereupon paMrm the 0wugwzJ Work in accordance with the torrmei f the Work Omer. The price shall be adjusted by the net amount of any direct savings and direct costs attributable to the Change Order. 8. Insurance: Before commencing the Work, Sub-Contractor shall furnish Contractor with an Insurance Certificate showing at least the following coverages: Comprehensive General Liability Bodily Injury $1,000,000/$2,000,000 Property Damage $7,000,00012,000,000 Umbrella liability $2,000,000 each occurrence/agagregate The Insurance Certificate shall name White Wolf Plastering Inc as additional insureds Sub-Contractor shall obtain and maintain the insurance at its expense for the duration of its Work and require ofthe issuing company that thirty (30) days notice must be given the Contractor prior to the cancellation or expiration of any of the required policies. 4. Indemnity: To the fullest extent permitted by law, the Sub-Contractor shall indemnify and hold harmless the Owner and Contractor, their agents and employees, from and against claims, damages, losses and expenses, (including attorney's fees) demands, suits and causes of action, arising out of, caused by, resulting from or occurring in connection with the performance of the Work hereunder, or by or on account of any act or omission ofthe Sub-Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable and regardless of whether or not such claim, damnpe> loss or expense is caused in part by a party indemnified hereunder. In the event that any party is requested but refuses to honor the indemnity obligations hereunder, then the party indemnifying shall, In additivu to all other obligations, and upon adjudication of the party's liability for indemnification, pay the cost of bringing such action, including, but not limited to, attorney's fees, costs, and expert fees, to the party requesting indemnity. 10. Assignment: Contractor shall not assign or subcontract any part of the Work, without the prior consent of Work Order 2of 4 owner. Sub-Contractor shall not be relieved of its duties and obligations hereunder by any such assignment or subcontract. 11. Compliance: -Owner shall, at its own expense, obtain all necessary licences and permits pertaining to the Work and comply with all statutes, ordinances, rules, regulations and order of any governmental or quasi-governmental authority having jurisdiction over the Work or the performance thereof, and respond to, and shall defend, indemnify and hold harmless Contractor from and against any loss, liability or expense arising from any such violations and any citations, assessments, fines or penalties resulting therefrom- 12. Safety: Contractor shall establish and implement safety measures, policies and standards conforming to those required or recommended by governmental and quasi governmental authorities having jurisdiction over the Project. In no event shall the Owner or Contractor be responsible for the safety program of the Sub-Contractor or for failure to adhere to any safety program. 13. Cleaning Up: Contractor shall keep the premises at all times free from waste materials, packaging and other debris accumulated in connection with the Work and, at final inspection, clean and prepare the Work for acceptance by the owner. The Contractor may clean and remove waste materials or rubbish from the premises and surrounding area and charge the cost thereof to the Sub-Contractor upon 24- hour advance notice to the Sub-Contractor if, in the sole opinion of the Contractor, the Sub-Contractor fails to keep the premises clean. 14. Guarantees: Sub-Contractor warrants and guarantees the Work to the fullest extent provided for the Contract Documents, but in no event shall the period of such guarantee be less than one year from the time of acceptance of the Project by Owner. 15. Damage: Contractor shall not be liable or responsible for loss or damage to the equipment, tools, facilities, or other personal property owned rented, or used by Sub-Contractor, or anyone employed by Contractor, in the performance of the Work, Except to the extent of any proceeds received by Contractor for the benefit of Sub-Contractor under builder's risk or fire insurance, Contractor shad not be liable or responsible for any loss or damage to the Work, and Sub-Contractor shall be responsible for the correction or restoration of any such loss or damage to the Work, or to the work of any other Sub-Contractor, resulting from operations of Sub-Contractor, or its subcontractors, agents, servants, or employees hereunder. lb. Default: Should Contractor at any time: (a) fail to supply the labor, tools supervision and other things required of it in sufficient quantities and of sufficient quality to perform the Work with the skill, conformity, promptness and diligence required hereunder, (b) cause stoppage off delay of or interference with the Project work, ( e) become insolvent, or (d) fail in the performance of observance of any of the covenants, conditions or other terms of this Work Order, then in any such event, each of which shall constitute a default hereunder by Sub-Contractor, Contractor shall, after giving Sub- Contractor notice of default and 48 hours within to cure, have the right to remedy the default by whatever means Contractor may deem necessary or appropriate, including, but not limited to, correctin& furnishing, performing or otherwise completing the Work, or any part thereof, by itself or through others (utilizing where appropriate any materials and equipment previously purchased for that purpose by Contractor) and deducting the cost thereof (plus an allowance for administrative burden equal to 15% of such costs) from any monies due to become due Contractor hereunder, and recover from Contractor all losses, damages, penalties and fines, whether actual or liquidated, direct or consequential, and all reasonable attorney's fees suffered or incurred by Owner or Contractor by reason of or as a result of Sub-Contractor's default. 17. Modification: This Work Order shall not be modified by any oral agreement, implied agreement or custom and no waiver by the Contractor of these provisions shall be deemed to have been made unless in writing. 18. Legal Forum: Any disputes as to the operation, fulfillment or meaning of this Work Order or breach thereof shall be resolved either by arbitration or by action at law, at the sole option ofthe Contractor. Such action or arbitration shall take place or be brought York County, Pennsylvania. 9. ermination: This Work Order may be terminated by the Contractor for its convenience. In the event of such terrninati , Contractor shall be paid for the reasonable value of work performed to date. In no event shall Contractor be responsible for any lost profits or any other damages of the Contractor, including, but not limited to, consequential damages. 20. Waiver of Liens: Contractor, for itself and all employed by and through it, unconditionally waives, releases and relinquishes any and all liens and claims or rights of lien upon the Project site, any improvements thereon, and/or Work Order 3of 4 property, of the Contractor. In Witness whereof, wish thr: inumr Tn hP 1Pgatly hnnncl hQretsy, the PArl.ieti !;el. heir lianclti anti seals the day first above written. Y NasnelTitie fl r" ?C"S H H7 Company S? Yesz By. Tony Suglia, i?resident White Wolf Plastering Inc. Date: r : i - U _ Work Order Number: 001 Date of Work Order: 7-3 1 -U9 Contractor's Federal Employment Identification No.:--- 202989301 Work Order 4of 4 P"bf0jat A ((ngkyuo? Detail Explanation of work: Roofing: 1: Metal roof on all new towers & parapet wall capping to match existing front metal roof. 2: match township requirement for wind & snow load. Framing: 1: GM Office with Front & Side Tall Glass windows & floor. One exit door to Bar-rocs( from office. 2: Gate -A back side , to be match with front gate, for symmetric view of building, to include extension of concrete pad on rear gate-A 3: Framing to match township requirement for wind & snow load. EIFS: 1: Color of EIFS as per CHOICE franchise requirements. 2: All six towers at entrance ways, extended and raise roof lines, all visible areas. 3: All front entrance, & both side of polo lounge, Break fast, up to entrance -A. 3: All drainage systems, new & existing to give a consistence look to property. X - X4.4d_i? )z,nem, ektf4 utbice uioLF PLASTERING, DRYVIT STUCCO PROPOSAL AND CONTRACT To: Ramish Patel Date: 11-15-09 Phase -Band work Project: Quality Inn Location :1255 HGB. Pike Carlisle Pa. We propose to perform all labor necessary and supply all materials to complete the following: If tenting & heating become necessary it will be owners responsibility for cost, All band work to be an extra charge as it is not in original contract as discussed with Jitan. All band work will be applied at a rate of six dollars per tinier foot to cover the cost of labor and materials. Band work completed to date carries a balance of one thousand six hundred and eight dollars for 268 HnJL Additional band work at top of gates and top of three foot parapet walls total to 1,762 lin. fl. at six dollars per is ten thousand five hundred seventy two dollars. Total cost to complete is (12,180.00) All of the above work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of. Twelve Thousand One Hundred Eighty Dollars $12,180.0 0 Payments to be made as the work progresses as follows: 50'1o down and balance to be paid upon completion. The entire amount of the contract to be paid within _10 days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of labor and material costs. By: Tony Suglia fax- 717-308-1330 Company Name: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. Owner: Date: Contractor: Date: .. --- . _-- r.? u1broce w0tF PLASTERING, DRywr STUCCO PROPOSAL AND CONTRACT To: Ramish Patel Date: 10-09-09 Change Order Project: Removal of front roof overhang Location :1255 HGB. Pike Carlisle Pa. Removal of front roof overhang in new office area completed at owners request. . Price to do so is based on time and material at a rate of $37.50 per man hr. 2 men worked for six hrs to complete. Total man hrs. 12. Balance due $450.00 All of the above work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of Four Hundred Fife Dollars $45OAQ Payments to be made as the work progresses as follows: Payment in full as work is 1000K complete. The entire amount of the contract to be paid within 10 days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of labor and material costs. By: Tony Suglia fax- 717-308-1330 Company Name: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. Owner: Date: Contractor: Date: ...___.___. I.- Ua b r-ce uioLF PLASTERING, DRYVIT sTUcco To: Rarnish Patel PROPOSAL AND CONTRACT Change Order Lc ?'•aY V ? Date: 12-9-09 Project: Stucco and EIFS application Location :1255 HGB_ Pike Carlisle Pa. To Complete extra EMS Original EIFS bid at $22,000.00 based on $5.00 per sgAprice .totaling 4,400 sq.ft. After all changes the actual total sq. ft. ofeifs to be completed is 12,869 sq.ft. leaving a difference of 8,469 sq.ft. @ $5.00 per is $42,345.00 Change order must be singed and returned to White Wolf Plastering inc. to continue this project. Price to include all labor and materials. All of the above work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of Forty Two Thousand Three Hundred Forty Pave Dollars $42,345.00 Payments to be made as the work progresses as follows: 50% down upon acceptance of change order Remaining 50% to be paid in full within ten days of completion The entire amount of the change order to be paid within 10 days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of labor and material costs. By: Tony Suglia fax- 717-308-1330 Company Naive: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. Owner: _ Date: Contractor Date: I- I u1bro ce woLF PLASTERING, DRYVIT STUCCO PROPOSAL AND CONTRACT To: Ramish Patel Date: 10-01-09 Change Order Project: Windows in front & rear towers Location :1255 HGB. Pike Carlisle Pa. As per the signed change order dated 9-17-09 White Wolf Plastering has agreed to supply windows measuring up to 3' 6" x 6' 8" for up to four windows. The window measurements specified by Ramish Patel for towers are as follows , two store fronts measuring 9' 5" x 8' , one corner window measuring 2'6"x 8' and one window on rear tower measuring 3'6" x 6'8" (this window is within original change order parameters) The difference in cost for changes on the three remaining windows is $1,870.56.Also the cost of re framing window openings to new specifications based on time and material is $400.00 for a total additional cost of $2,270.56. All of the above work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of Two Thousand Two hundred Seventy dollars and Fifty Six Cents $2.270.56 Payments to be made as the work progresses as follows: 100% down upon acceptance of proposal. The entire amount of the contract to be paid within !days after completion The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of labor and material costs. By: Tony Suglia fax- 717-308-1330 Company Name: White Wolf Plastering Inc. office- 717-292-1574 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal, for which we agree to pay the amounts itemized above. Owner: Contractor: Date: Date: E?IBIT B ? Prepared by: Michelle Brennan Scullin, Esquire Salvo Landua Gruen & Rogers 510 Township Line Road, Suite 150 Blue Bell, PA 19422 215-653-0110 Return to: Tag Parcel 9 1J- J -'/3 `? ?-' 0 31 PENNSYLVANIA DEED SPECIAL WARRANTY DEED from CNR HOSPITALITY ENTERPRISES, LP to SHREE KRISHNA HOSPITALITY, LP Premises: 1255 Harrisburg Pike, Carlisle, Pennsylvania The address of the above-named Grantee is: SPECIAL WARRANTY DEED THIS INDENTURE dated the day o£^)?A-UL 2008 to be effective as of the day of ?, in the year of our Lord two thousand and eight (2008), BETWEEN CNR HOSPITALITY ENTERPRISES, LP, a Pennsylvania limited partnership (hereinafter called the "Grantor"), of the one part, and SHREE KRISHNA HOSPITALITY, LP, a Pennsylvania limited partnership (hereinafter called the "Grantee"), of the other part, WITNESSETH That the said Grantor for and in consideration of the sum of Four Million Eight Hundred Thousand Dollars ($4,800,000), lawful money of the United States of America; unto it well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantee, its successors and assigns, ALL THOSE CERTAIN lots or pieces of ground more particularly described on Exhibit "A" attached hereto and made a part hereof under and subject to all matters of record. TOGETHER with all and singular the buildings and improvements, ways, streets, alleys, driveways, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of it, the said Grantor, as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD the said lot or piece of ground above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns, to and for the only proper use and behoof of the said Grantee, its successors and assigns forever. AND the said Grantor, for itself, its successors and assigns, does covenant, promise and agree, to and with the said Grantee, its successors and assigns, by these presents, that it, the said Grantor and its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns, against it, the said Grantor and its successors, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under it, shall and will WARRANT and forever DEFEND. IN WITNESS WHEREOF, the party of the first part hereunto has caused these presents to be duly executed by its authorized officer, the day and year first above written. Witness: CNR HOSPITALITY ENTERPRISES, LP By: CNR Hosptitality Enterprises, LLC •?iP_` ??<Y? By: Name: C{J?nlt?rz?SN ?tT?! Title: COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS On this, the day of ))7 A'al , 2008, before me, a Notary Public in and for the State d County aforesaid, the undersigned officer, personally appeared C/??}n?6eestl {rrL , who acknowledged himself to be the managing member of CNR Hospitality Enterprises, LLC, which in turn is the sole general partner of CNR Hospitality Enterprises, LP, the grantor, and that he as such managing member of CNR Hospitality Enterprises, LLC, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the company by himself as managing member on behalf of the partnership. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarfat Sea! Denise M. Stubet, Notary Public Plymouth Twp., Morrtgornery County kV Commission Expires Aug. 9, 2DO9 Member, Pennsylvania Association of Notaries EXHIBIT "A" LEGAL DESCRIPTION i { PARCEL NO. 21-18-1357-031 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pipe on the southern right-of-way line of U. S.. Route 11, L.R 34, at the corner of lands owned now or formerly by Betty L. Rice; THENCE along the right-of-way of said road by a line curving to the right in a southeasterly direction with a radius of three thousand two hundred six and six one-hundredths (3206.06) feet for a distance of two hundred forty-one and ninety-seven one-hundredths (241.97) feet, the arc of which is subtended by a chord bearing South eighty-five degrees fifty minutes forty-four seconds East (South 85 degrees 50 minutes 44 seconds East), two hundred forty-one and ninety-two one-hundredths (241.92) feet to a point; THENCE along the same South eighty-three degrees forty-one minutes zero seconds East (South 83 degrees 41 minutes 00 seconds East), forty and eighty-eight one-hundredths (40,88) feet to a point on the right-of-way line of Ramp "A"; THENCE along the right-of-way of Ramp "A", South six degrees nineteen minutes zero seconds West (South 06 degrees 19 minutes 00 seconds West), twelve and zero one-hundredths (12.00) feet to a point; THENCE along the same South eighty-three degrees forty-one minutes zero seconds East (South 83 degrees 41 minutes 00 seconds East), one hundred sixty-six and forty-four one-hundredths (166.44) feet to a point; THENCE along the same, South seventy-three degrees four minutes three seconds East (South 73 degrees 04 minutes 03 seconds East) ninety-three and eight one-hundredths (93.08) feet to a point; THENCE along the same by a line curving to the right in a southeasterly direction with a radius of two hundred seventy and zero one-hundredths (270.00) feet for a distance of fifty-one and ninety-ttxo one- hundredths (51.92) feet, the are of which is subtended by a chord bearing of South seventy-eight degrees ten minutes thirty-four seconds East (South 78 degrees 10 minutes 34 seconds East), fifty-one and eighty-four one-hundredths (51.84) feet to a point; THENCE along the same South seventeen degrees nineteen minutes fifty-nine seconds West (South 17 degrees 19 minutes 59 seconds West), ten and zero one-hundredths (10.00) feet to a point; THENCE along the same by a line curving to the right in a southeasterly direction with a radius of two hundred sixty and zero one-hundredths (260.00) feet for a distance of two hundred forty-five and twenty one- hundredths (245.20) feet, the arc of which is subtended by a chord bearing of South forty-five degrees thirty- nine minutes zero seconds East (South 45 degrees 39 minutes 00 seconds East), two hundred thirty-six and twenty-one one-hundredths (236.21) feet to a point; THENCE along the same South seventy-one degrees twenty-two minutes zero seconds West (South 71 degrees 22 minutes 00 seconds West), five and zero one-hundredths (5.00) feet to a point; TBENCE along the same by a line curving to the right in a southeasterly direction with a radius of two hundred fifty-five and zero one-hundredths (255.00) feet for a distance of eighty-two and sixty-one one- hundredths (82.61) feet, the arc of which is subtended by a chord bearing South nine degrees twenty-one minutes eight seconds East (South 09 degrees 21 minutes 08 seconds East), eighty-two and twenty-five one- hundredths (82.25) feet to a point; THENCE along the same by a line curving to the right in a southwesterly direction with a radius of six hundred thirty-five and zero one-hundredths (635.00) feet for a distance of one hundred thirty-seven and ninety-eight one-hundredths (137.98) feet, the arc of which is subtended by a chord bearing South six degrees nine minutes fourteen seconds West (South 06 degrees 09 minutes 14 seconds West) one hundred thirty-seven and seventy-one one-hundredths (137.71) feet to a point; THENCE along the same, South seventy-seven degrees thirty-seven minutes sixteen seconds East (South 77 degrees 37 minutes 16 seconds East), five and zero one-hundredths (5.00) feet to a point; THENCE along the same by a line curling to the right in a southwesterly direction with a radius of six hundred forty and zero one-hundredths (640.00) feet for a distance of one hundred thirty-eight and sixteen one-hundredths (138.16) feet, the are of which is subtended by a chord bearing South eighteen degrees thirty- three minutes forty-seven seconds West (South 18 degrees 33 minutes 47 seconds West), one hundred thirty- seven and eighty-nine one-hundredths (137.89) feet to an existing iron pin at the corner of lands owned now or formerly by Darold Z. Swidler; THENCE running with and along the lands of Swidler North seventy-one degrees forty-ihree minutes forty- two seconds West (North 71 degrees 43 minutes 42 seconds West), sixty-two and eleven one-hundredths (62.11) feet to a point; THENCE along the same, North eighty-six degrees eleven minutes seventeen seconds West (North 86 degrees 11 minutes 17 seconds West), two hundred four and eighty-three one-hundredths (204.83) feet to a proposed concrete monument; THENCE along the same South five degrees fifty-six minutes twenty seconds West (South 05 degrees 56 minutes 20 seconds West), two hundred forty-two and ninety-five one-hundredths (242.95) feet to an existing iron pin; This policy valid only if Schedule "A" is attached. APPAI a THENCE along the same, North eighty-four degrees fifty-four minutes sixteen seconds West (North 84 degrees 54 minutes 16 seconds West), three hundred seventy-four and sixty-four one-hundredths (374.64) feet to a proposed concrete monument; THENCE along the same, North two degrees fifty-five minutes fifty-five seconds West (North 02 degrees 55 minutes 55 seconds West), two hundred thirty-six and three one-hundredths (236.03) feet to an existing iron pin at the corner of lands owned now or formerly by Carlisle Inn Joint Venture; THENCE running with and along lands of Carlisle Inn Joint Venture, North four degrees twenty-one minutes fifty-two seconds West (North 04 degrees 21 minutes 52 seconds West), four hundred twenty-five and twenty-three one-hundredths (425.23) feet to a proposed concrete monument at the corner of lands owned now or formerly by Betty L. Rice; THENCE running with and along lands of Rice, North zero degrees thirteen minutes four seconds West (North 00 degrees 13 minutes 04 seconds West), one hundred thirty-one and sixty-nine one-hundredths (131.69) feet to an existing iron pipe on the southern right-of-way line of U. S. Route 11, the PLACE OF BEGINNING. CONTAINING ten and eight hundred ninety-eight one-thousandths (10.898) acres. 9d5030vt This policy valid only if Schedule "A" is attached. WHITE WOLF PLASTERING, INC., Plaintiff v. SHREE KRISHNA HOSPITALITY, LP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANIC'S LIEN CLAIM NO. 10-678 MLD ACCEPTANCE OF SERVICE I, Jason Kutulakis, Esquire, hereby accept service of the Complaint in Action Upon Mechanic's Lien Claim on behalf of the Defendant, Shree Krishna Hospitality, LP, and verify that I am authorized to do so. DATED: SeptemberQ~, 2010 ~ason Kutulakis, Esquire Abom &Kutulakis, LLP 2 West High Street Carlisle, PA 17013 Attorney for Defendant, Shree Krishna Hospitality, LP c-s r., ~ ~ -_ ~~ ~ ~ ~' _ t =-°~ cn ~~ :.°~ 4~. ~ ~ t ~_} , ~~ --~ -~. °~- ~ ~, ~ ~. r-: c~ ~ rv -~ Qfi FN~~~F~~ ~ t ~T~ ZQIQ OCR -S PFD 3: 3 ~U~~~~~~~~D t~~3U~~~ OM ~' [.ILAKIS Jason P. Kutnlakis, Esquire Attorney LD. No: 80411 Melissa P. Tanguay, Esquire Attorney LD. No: 307155 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 WHITE WOLF PLASTERING, INC., Plaintiff P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-678 MLD SHRFF. KRISHNA HOSPITALITY, LP, Defendant MECHANIC'S LIEN CLAIM NOTICE TO PLEAD To: White Wolf Plastering, Inc. cjo Thomas S. Beckley, Esquire BECKLEY & MAD DEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service or a judgment may be entered against you. Respectfully submitted, ABOM & SUTULAKIS~ LLP DATE: OCTOBER ~ 2010 Jason P. Kutulakis, Esquire ( \ ID No. 80411 v Melissa P. Tanguay, Esquire ID No. 307155 2 West High Street Carlisle, PA 17013 (717) 249-0900 WHITE WOLF PLASTERING, INC., Plaintiff v. SHREE KRISHNA HOSPITALITY, LP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.10-678 MLD MECHANIC'S LIEN CLAIM ANSWER TO COMPLAINT j1~T ACTIO~~JPON MECHANIC'S LIEN WITH NEW MATTER AND NOW, comes the Defendant, Spree Krishna Hospitality, LP, by and through its attorneys Jason P. Kutulakis, Esquire and .Melissa P. Tanguay, Esquire, of ABOM & KUTULAKIS L.L.P., and respectfully set forth the within Answer and New Matter to Plaintiff's Complaint in Action Upon Mechanic's Lien, and avers the following: 1: Admitted, upon information and belief. 2. Admitted, upon information and belief. 3. Admitted, upon information and belief. WHEREFORE, Defendant Spree Krisha Hospitality, LP demands judgment in its favor and against Plaintiff White Wolf Construction, Inc. NEW MATTER 4. Paragraphs one (1) through three (3) are hereinafter incorporated by reference. 5. Defendant Spree Krishna Hospitality, L.P. owns and operates a Quality Inn hotel franchise at 1255 Carlisle Pike, Carlisle, Pennsylvania. 6. In early 2009, the Quality Inn, operated by Choice Hotels, instructed Spree Krishna Hospitality, L.P., to upgrade and renovate the hotel's exterior facade to comply with franchise requirements. 7. Defendant, acting through its general partner, Ramesh Patel, solicited bids for the renovations from several contractors: 8. Defendant selected Plaintiff White Wolf Plastering, Inc., to complete the renovation project. 9. On or about July 31, 2009, Defendant contracted with Plaintiff to provide labor, equipment and materials necessary to complete the renovation and upgrading of the exterior facade of the hotel at 1255 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. See Contract, attached as Exhibit "A." 10. The Contract called for Plaintiff to complete Roofing, Framing and install an Exterior. Insulation Finishing System (EIFS). 11. The Contract specified that the price Defendant was to pay for the services of Plaintiff was $110,000. 12. The Contract stated that one-third payment was to be paid upon sia ing as a down payment fox the materials and start up. 13. The Contract stated that one-third payment half-way through the projects completion. 14. The Contract stated that the final one-third payment was to be paid upon satisfactory completion. 15. The final payment was to be paid in full within ten (10) days after completion. 16. The Contract stated that the work completion date would be September 30, 2009. 17. On July 31, 2009, Defendant paid Plaintiff $36,666.66, as per the terms of the Contract. 18. On or about September 9, 2009, Defendant paid Plaintiff the second $36,666.66 payment to Defendant, as per the terms of the Contract. 19. The work specified in the Contract was not finished by September 30, 2009, as per the terms of the Contract. 20. After the September 30, 2009 deadline passed, disputes between the parties arose. 21. On October 1, 2009, Plaintiff submitted a Change Order to Defendant for work on the windows in the front and rear towers of the building. See October 1, 2009 Change Order, attached as Exhibit "B." 22. Defendant did not sign the Change Order in Exhibit "B." 23. Defendant refused pay for the work in the Change Order. 24. The work on the windows in the towers was covered by the Contract and a separate Change Order, dated September 17, 2009. See September 17, 2009 Change Order, attached as Exhibit «C ~, 25. On October 9, 2009, Plaintiff submitted a Change Order to Defendant for work on a roof overhang. See October 9, 2009 Change Order, attached as Exhibit "D." 26. Defendant did not sign the Change Order in Exhibit "D." 27. Defendant refused to pay for the work in the Change Order. 28. The work on the roof overhang was covered by the Contract and a separate Change Order, dated September 17, 2009. See September 17, 2009 Change Order, attached as Exhibit "C." 29. On November 15, 2009, Plaintiff submitted another Change Order to Defendant for band work. See November 15, 2009 Change Order, attached as Exhibit "E." 30. Defendant did not sign the Change Order in Exhibit "E." 31. Defendant refused to pay for the work in the Change Order. 32. The band work was covered by the Contract. 33. On December 9, 2009, Plaintiff submitted another Change Order to Defendant to complete extra EIFS work. See December 9, 2009 Change Order, attached as Exhibit "F." 34. Defendant did not sign the Change Order in Exhibit "F." 35. Defendant refused to pay for the work in the Change Order. 36. The extra EIFS work was covered by the Contract. 37. Plaintiff terminated its work at the job site on December 9, 2009 38. Plaintiff estimates that approximately one-third of the work specified in the Contract remained unfinished on December 9, 2009, with a large majority of the EIFS work incomplete. See Photographs, attached as Exhibit "G." 39. Upon leaving the job site, Plaintiff removed all materials purchased for the project. 40. The materials removed were purchased by Defendant with the first one-third payment for completion of the work in the Contract. 41. The harsh winter weather in late 2009 and early 2010 caused damage to the exposed and unfinished property. See Photographs, attached as Exhibit "H." 42. Defendant had to find and pay other contractors to finish the work specified in the Contract. 43. Defendant paid VRAJ Construction, LLC the following amounts to complete the work specified in the Contract: $29,500.00 to complete EIFS work and $12,950.00 to complete a tower, windows and concrete work. See VRAJ Invoices, attached as Exhibit "I" and "J." 44. Defendant paid Kroft Construction, Inc. the following amount to complete the work specified in the Contract: $11,850.00 to complete roofing on the towers. See Kroft Invoice, attached as Exhibit "K." 45. Defendant paid VR.AJ Construction, LLC, $25,400.00 to make repairs necessitated by Plaintiff's failure to finish the work and leave parts of the building subject to the winter elements. See VRAJ Invoice, attached as Exhibit "I." 46. Plaintiff breached the Contract by failing to finish the work stated in the Contract. 47. Plaintiff breached the Contract by removing the materials purchased by Plaintiff. .. 4$. Plaintiff breached the Contract for leaving the work unfinished and exposed. 49. Defendant hereby asserts the defense that Plaintiff failed to perform the contracted work in a satisfactory or workmanlike manner. 50. Defendant demands aset-off in the amount of $48,928.00, with attorney's fees and costs, to account for its monetary loss in remedying the work that Plaintiff failed to complete in a satisfactory or workmanlike manner. WHEREFORE, Defendant Shree Krishna Hospitality, LP respectfully requests that the Court find in its favor and deny the Plaintiff's request for Judgment on Mechanic's Lien in the amount of $48,928.00 based upon the defense of unsatisfactory and un-workmanlike performance of services. Defendant also respectfiully requests that it be granted damages in the amount of $48,928.00 to restore the losses it has suffered, with attorneys fees and costs. Respectfully submitted, ABOM & gUTULAKIS~ LLP Dr1TE: OC'rosER~. 2010 Jason P. Kutulakis, Esquire ID No. -80411 --._` Melissa P. Tauguay, Esquire ID No. 307155 2 West High Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. X4904, relating to unsworn falsification to authorities. ~© Z ~~d Date Ramesh Patel, General Partner Spree Krishna Hospitality, LP z~.a.~ ~~~ ~.~.QLF PLASTERING„ DRY'VIT S'`I+t.r~CO PROP~OSA-L AIr3U CONTRACT Attrc: Itataiesh Patel Date: 723-09 Project: Quality Inn , EIFS, Framing and Roofing Location: 1255 HGB. P'i'ke Carlisle Pa. Price to include all labor , maxeaials and warrauiy's All vvo><~c to be completed in a substantial and worloruanlike ma~mer according to t1~e ternns and conditions far the sum of (Raafmg~ - to indnde ail tie ias ,bracing . metal ~cauvin~s on new roof line -metal rea-tg on n towers send flash d all rnaf tY #laB6i to Ell ~ frataing ~ tan redlreCt water to new draiosree ~ste~ -----845.OOO.DO rarer to ' lade fao ' new ers at en w d and roof line an two amai~u b_ldes. Fra®t and back i-~v 2fi: 6 inc6e~ aad 8fit. an ber- blei:. Frent snd back Llsrurtdr„y b 8 t. 10 e. We are ' nce t e sUs at rvaf 1~ sre >sst to emceed 3Q in height or there w~l be an addhaiural cow -~--~43AOOA4 cam inch and a farm and and istare d e Payments to be made as the wank progresses as follows: 1!3 dawn for maberiat~ and start up 113 at half vvav vaint and remaining i/3 upon satisfactsctorv cambletion. The errtite amount of the contract tb be paid within _10 days after coanpleCion. 'The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of prevailing labor and aasaterial costs. By: Tony Suglia fax- 717-305-1330 Company Name: White Wolf Flastexing Inc. ©f6.ce- 717 X92-1574 Address:4250 Canewago rd Dover Pa. 17315 cell - 717 324 2726 "YOU THE BUYER, MAY CANCEL THIS TR.AIvTSACTION AT ANY TIlVIE PRIUR TO MIDIdIGI-lT OF THE THIRD BIJSIl~iESS DAY AFTER THE DATE OF THIS TR.ANSACTiO1~T:' You are hereby authorized to perform all labor required to complete t~ work according t+o the terms and conditions attached to dais proposal, for which we agree to pay the amounts itemized above. Owner: Date: 3/ ~~' EXHIBIT .; .j ~:; z~.~ ~~E .otF PLAS7ER[I~iG, DRYVI'T STUCCO Work Order and Co7ntract White Wolf Plastering Inc. 4250 Conewago Rd. Doves, Pa. 17315 Work Order ATumber: 001 .; Date of contract: 7-31-09 Owner. Ramesh Patel 1255 Harrisburg Pike , Cazlisle Pa. 17413 Contrator: White Wolf Plastering L1c• X250 Conewago Rd. Dover, Pa. 173 i5 PROJECT SCUPE Provide labor, tools, materials and supervision to install all work agreed upon. Woxk Completion Date: 4-30-09 (Weather and black out dates to be taken into consideFation) Project : Roofing ,Framing and. EIFS (For details please see attached document) Location: Quality' Inn -1255 I3arrisburg Pike !Carlisle Pa. Work Order Price: -($1,10,040A4 )- One Hundred Ten 'Thousand Dollars-- ~~35,666.6~ down payment far materials. Balance to be paid iu two additional payments of $36,666.04 satisfying the total contract amount of $114,QQO.QO ,Final amount to 6e paid in full within 14 days after completion. Billing Date: Hard copy to I~aimesh Patel within one week prior to expected payment date. (1 t1e above lxi'Qin aua iu~orporated by rofazdnca below) i . Contract Dacaraenta: The term ~Contruct Doeumeats" as used herein shall mean the Work Order between Contractor end otivner, as, well as, the Project Plans and Specifications, and aLl conditions and addenda applicable thereto. 2. Work: Contractor shall supply materials and scaffolding or lifts as needed to complete the Work. dub-Contractor shall perform and fiuulsh all labor, fools mid supervision and all oti~er things necessary to prosecute and Work Order Iof 4 '~ ~ oornpiete the W~elc The: Work shall be performed by Sub-Contractor in a good and wariananlike manner strictly in accordance with the Contract Documents. With respect fn the Work, Sub-Contractor agrees to be boeina ><o conrracwi ty the terms and conditions of the Contract Documents and this Work Order. All cammturications to and from the owner shall be forwazded through the Contractor. The Contractor will provide administration of the Contract. 3. Price: Owner shall pay to Contractor for tare satisfactory performance and completion ofthe work and all duties, obligations and responsibilities of Contractor under this Wank Order, the sum set forth above as the price wilich shall be deemed to include all costs of Contractor's performance ofthe Work. 4. Progress Payments: On or before each Billing Date, Contractor shall submit to owner, a progress payment application showing the value of the Work installed ~Cornpteted Worms. The Contractor short include the 5ub- Contractor's Work covered by that appIacatinn in the next Applica#iots far Payment which the Contractor is entitled to submit to the owner. The Contractor shall pay the Sub-Contractor sums due wit]rur seven (7) working days after the ConiracOot has received payment from the owner. 5_ Final Payment: A final payment, consisting of the anpaid balance of the Price, sha31 be made within 10 days afier the last of the following to occur: (a) completion of the Work by the Sub-Co~ractor, (b) acceptance thereof by Contractor, and Owner, { c) furnishing of evidence satisfactory to Owner and there are no claims, obligations, liens outstandurg or unsatisfied for labor, services, materials, equipmetd; taxes or other items performed furnished or incurred in connection with the Work, (d} delivery of all guaranties, warranties, bonds, inshuc~ioa manuals, diagrams, as built drawings and simz`lar items required by Contractor or its suppliers or subcontractors, (e) 3eliv~y of general release, in a form sctory to owner executed by Contractor . (!)the Contrector Iran received payment from the owner including retention ap~icable to t]!e Snb-Contt~esxar's work. 6. T-me: Time is ofthe essence. Therefane, Conttac~or shall begin the Wark upon owners order to do so, and perform 1~Vrork dfiigemly and promptly and in such eQder and sequence as ovmar may direct; so as to achieve completion of tiro Work not later than the uVVark Completion Date" shown an page 1 of t3tis Work Order. Extensioars of tame stroll be Contractor mad owners sole remedy . 7. Chafe Order+r; Comiactar may tu~am time too time, by written ~ [`SChaoge Order") to Sub-Contractor, mal0e changes iu the Work Sind cSQb-COa]tTaCiOr Sh811 tI1R~11pOD pOrIQRTa IIiC t~Rtugw~l Wvr'k in w.ooordnnoe wath tlw barascaf the Work t3rder. The price shall be adjusted by the net mnotmt of any direct savings and direct costs attrrbtrtable to the Change t?rder. 8. Ia~suranee: Bofore cotnmenciog the 'k~ork, Sub-Contractor shall furnish Contractor with an Insurance Certificate showing at least the following coverages: Comprehensive General Liability Bodily Injury $l,Ot)0,004f$Z,Op4,440 Property Dan-age $1,{iOD,OD4f$2,00O,000 Umbrella Liability $~,OU4,008 each occumoncefaggregats Insurance Certificate shat l name Rfhite V/olf ~la~terige I~as addiiiona] nst~re Sub-Contractoz strell obtain and maintain the insurance at its expense far the duration of its Work and regnlre ofthe issuhtg company that thirty {30) days notice mast be given the Contractor prior to the cancellation ar expiration of any of the required polaci~. 9. Indetatnity: To the frailest extent permitted by law, the Sub-Contractor shall indemnify and bald harmless the Owner and Coaatractar, their agerds and employees, from and against claims, damages, losses and expenses, (inchuling attorney's foes) demands, suits uad ceases of action, arising oat of, caused by rsanttirrg from or occurring irr cc~rection with the performance of the W ork hereunder, or by or on account of any act or omission ofthe Sub-COniractar, arkyotte directly or indirectly employed by it or anyone flor whose trots it maybe lfable and regardless of whether or not such claim, ciaanwp,~n, 1c~ss or expense is caused in part by a party indemnified hereumder. In the evont drat arty party is requestcd but refuses to 6oator the indemnity obliptions Isereuiud~er, then the parry indemniiytng strati, m iuktirivu a nit ott-cr obligations, and upon adjodicxrtion of the party's liability Eor indemni~icatioq pay the cast of bringing shah action, including, but not limited ta, attomey's fees, costs, and expert fees, to the party requesting indemtity. 10. ~1-ssigament: Contractor shall not assign ar subcontract arry part of the Work, without the prior consent of Work Order 2of 4 ' .;~ti . '' , , ~1~ ' Owner. Sub-Contractor shall not be relieved of its duties and obligations hereunder by any such assignment or subcontract. 11. Carnptiance: -Owner shall, at its own expense, obtain all necessary licences and perruits pertaining to the Work and comply with all statutes, ordizaances, rules, regulations and order of any governmental orquasi-governmental authority having jurisdiction over the Work or the performance thereof, and respond to, and shall defend, indemnify and hold harmless Contractor from and against any loss, liability or expense arising from any such violations and any citations, assessments, fines or penalties resetting therefrom 12. Safety: Contractor shall establish and implement safety measures, policies and standards conforming to those required or recommended by governmental and quasi governmental authorities having jurisdiction over the Project. In no event shall the Owner or Contractor be responsible for the safety program of the Sub-Contractor or for failure to adhere to any safety program. 13. Cleaning Up: Contractor shall keep the premises at all tames free from waste materials, packaging and other debris accumulated in connection with the'Work and, at final inspection, clean and prepare the Work for acceptance by the Ovmer: The Contractor may clean and remove waste materials or rubbish from the premises and surrounding area and charge the cost thereofto the Sub-Contractor upon 24- hour advance notice to the Sub-Contractor i~ in the sole opiuion of the Conttactor, the Sub-Contractor fails to keep the premises clean. lei. isuarantees: Sub-Contractor warrar-ts and guarantees the'Work to the fullest extent provided for the Contract Docmnents, but in no event shall the period of such guarantee be less than one year from the tune of acceptance of the Project by Owner. 15. Damage: Contractor shalt not be liable or r~onstble for loss or to the other personal property owned rented, or used b Sub-Conmractor or G y ~luipm~nt' ta-c'[s' facilities, or y anyone em to d b Cormactor in the perfocmance aF the Work, Except to the extant of any proceeds received by Contractor for the benefit of .Sub-Contractor under builder's risk or firevtsuranee, Cot~ractor shall not 6e liable or respo~nst-61e tin coy loss or damage to the Week, and S~-Contracbvr shall be t+esponB~le for the correction or restoration of any such loss or damage to the Work, or to tl~e work ofany other Sub-Coaheactor, reanlting fivm op~atiaos of Sib-Coatrector, or its sabcort~tsaatorsy ageat~, savatrts, oe employees hereunder. l6. Default: 9touW Codtraetor at any time: (a) fait to supply the )ahoy toots supervision and other things required of it in sttfficiertt quantities and of sufficient quality to perform the Work with the skill, conformity, promptness and diligence required hereunder, (b) cause stoppage off delay of or interference with the Project wot~ (c) become insolvent, or {d) fail in the performance of observance of any of the covenants, oondititrns or other terms ofthis Work Order, then in any such event, each of which shall constitute a default hereunder by Sab-Contractor, Conhractor shall, after giving Sab- Contractornotice of default grid 48 hours within to cure, have the right to remedy the default by whatever means Contractor may deem necessary or appropriate, including but not limited to, co~crecting, furnishnng, performing ar otherwise completing the Work; or any part thereof, by itself or through others (uti]izing where appropriate any materials and equipment pnoviousiy purchased for that puipasa by Contractor) and deducting the cost thereof (plus au allowance far administrative burden equal to 15% of such costs) from any worries due to become due Cantta+ctor hereunder, and recover from Contractor all losses, damages, penaltiies and fines, whether actual or liquidated, direct or consequential, and all reasonable attorney's fees suffered or incurred by Owner or Contractor by reason of or as aresult oESub-Contractor's default. I7. Modification: This Work Order shall not be modified by any oral agresmetrt; implied agreement or custom and no waiver by the Contractor ofthese provisions shall be deemed do have best made wiless in writing. I8. Legal Foram: Any disputes as to the operation, fulfillment or meaning of this Work Order or breach thereof shall be resolved either by arbitration or by action at law', at the sole aptlon ofthe Contractor. Such action or arbitration shall take place or be brought York County, Pennsylvania. ~. erminatitm: Tlris Wor1c Order may be terminated by the Contractor for its convenience. In the event ofsncla ten:ninatiCantractor shall be paid for the reasonable value of work performed to date. In no event shall Contactor be responsible for any lost profits ar any other of the Contractor, includia but oat limited to, copse uential damages ~ q damages. 20. pf+aiver of C,iens: Contactor, for itself sad all employed by and through it, unconditionally waives, releases and relinquishes any and all liens and claims or rights of Tien upon the Project site, any improvements thereon, and~or Work Order 3of4 ~ r properh~ of the contractor. In Witness WI~erPaf, an~irh the im~nr rn ttiP legally hnnncl hereby, the Pxrlie5 tiCL Lheir ?idncls anti ~czti~ the day fast above written. By: ., NamelTite fl+"'~CSN ~i97c~ Company ~S ~re.2. ~CYi ~1~'~•G sQ~'~a~it"4 T?atc:: __ ~~~~/r ~d CJ Work Order Number: OU1 By. Tony Suglia, xdent ~- White Wolf Plastering Inc. nom: "'1 _ 5 t _ c~~ Date of Work Urder:7-31-Uy Contractor's Federal Employment Identification No.:--- 2029$9301 work Ocder 4of 4 .~ C<.r,. i c..~N Detail Explanation of work: ~~~~~ r ~ ~d~~C~z Roofing: 1: Metal roof on all new towers & parapet wall capping to match existing front metal roof. 2: match township requirement for -wind & snow load. Framing: l: GM .Office with Front & Side Tall Glass windows & floor. One exit door to Bar-rnaf' from office. 2: Gate Aback side , to be match with front gate, for symmetric view of building, to include extension of concrete pad on rear gate-A 3: Framing to match township requirement for wind & snow load EIFS: 1:-Color of EIFS as per CHOICE franchise requirements. 2: All six towers at entrance ways, extended and raise roof lines, all visible azeas. 3: All front entrance, & both side of polo lounge, Break fast, up to entrance -A. 3: All drainage systems, new & existing to give a consistence look to property. X v'"v _- R,.,~n. ~,~r~l C?~~~ ~-~~~~' . __----- zuhtce ZuoLF PLASTERING, DRYYIT srucco PROPOSAL AND CONTRACT To: Ramish Patel ~ Date: 10-Q1-d9 change Order Project: 'Windows in front & rear towers Location :1255 HGB. Pike Carlisle Pa. As per the signed change order dated 9-17-09 White Wolf Rlsstering has agreed to supply windows measuring up to 3' 6" x 6' 8" far up to four windows. The. window measureaoe~s specified try Ramish petal for towers are as follows ,two store fronts measuring 4' S" x 8' ,are comer vpindow wing 2'b"x 8' and one window on rear tower measuring 3'b" x b'8" (this window is within original a or~r parameters) The difference in cost far changes on the three remaining windows is $1,870S6.A1so the cost of re window opeaaings to new specificatiops based an time and material is $4U0.~ for a total addiiionai cost of ~2,27Q.56. AU. of the aibove work to be oompieted Sin a substantial and workmanlike mama~er according to the t~raans and caoditions for the sum of: Twvo Z'LonssBd Two hundred Seventy do&~rs sod 1~~++ Six Cents ~0.5b Payments to be made as the warlc progresses as follows: 1 D4% down uposx acceptance of proposal . The entire amount of the contract to be paid within ,_,,.days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of Labor and material Costs. By: Tony Suglia fax- 717-308-1334 Company Name: White Wolf Plastering Inc. office- 717-242-1574 Address:425© Conewago rd. Dover Pa. 17315 cell - 717-324-2726 Irou are hereby authorized to perfornct alt labor required to cximplete the work according to the terms and conditions attached to this proposal, for which we agree to pay t11e amounts itemized above. Owner: Dom; Cantractor• Date: EXHIBIT ~:_ _•, z.~~.~h ~~~ z~a.oLF PLASTERING, DRYVIT STUCCO ~~,{ ~, ~,,, :'i PROPOSAL AND CONTRACT To: Ramish Patel Date: 9-17-09 Change order Project: Ceilings in towers and rear tower changes Location :1255 HGB. Pike Carlisle Pa. We propose to perform ali labor necessary and supply all materials to complete the following: Install ceilings with stucco finish in three towers and ,remove roof over hang on rear tower at bar side. Add new floor in rear tower and close in ,we will provide window and opening Priced to include extra stucco and roofing needed to accommodate extra areas. (we will provide windows measuring up to aft 6inches bay..y +tEft 8 inches if lager windows are used difference to be paid by owner.} ....~;. `: f ~~ ~'!~ "~ F t i•'t.,'("'{ ~'"L`~ ~ f,,: ~ ,. ~ { 7 S_~. "..' ''i f"~'/1'~ c~ ~t r r ~ .~.i:_. .. -% .-~ % i :. ~ L t .:.~..C~:':~ . i ~ - ~ All of the above work to be completed in a substantial and workmanlike manner according to the terms and conditions for the sum of: Nine Thousand Dollars X9,000.00 Payments to be made as the work progresses as follows: 104% down upon. acceptance of proposal . The entire amount of the- contract to be paid within -days after completion. The price quoted for immediate acceptance only. Any delay in acceptance will require a verification of labor and material costs. By: Tony Suglia fax- 717-308-1334 Company Name: 'White Wolf Plastering Inc. office- 717-292-1 ~ 74 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717-324-2726 "YOU THE BUYER. MAY CANCEL THIS TRANSACTION AT Ai~TY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION." You are hereby authorized to perform all labor required to complete the work according to the terms and conditions attached to this proposal. for which we agree to pay the amounts itemized above. ,~ , ~ ~ y ~ ______. ~ ~ r Owner: .. .~ ~ .__.._ Date: i PLASTERING, DRYVIT ~ ~\ ` a ,, ~; ~ & ~~. ),.W stucco ~~~~- PROPOSAL AND CONTRACT To: Ramish Patel Date:10-09-09 Change. {order Project: Removal of fron# roof overhang Location :1255 HGB. Pike Carlisle Pa. Removal of front Hoof overhang in new office area completed at owners request. . Price to do so is based on time amd material act a rate of $37.50 per man hr. 2 men worked fox six hrs to complete. Total men hrs. l2 . $alance due X450.00 All of the above work tb be completed in a substatiztial and worlanaalike manner according to the temss a~ conditions for the sum ofr Four Hundnad Fiffiv Dollars ~~ Payments to be made as the work progresses as (allows: Paymeat in full as wurlc is 100% cxrr~plete . The entire amount of the contract to be paid within 10 days a$er coanpletion: 'Thee price quoted for immedi~ste acceptance only. Anydelay in acceptance will xegaire a verification of ]shat and materiai costs. By: Tony Suglia fax- 717 308-1330 Company Name:'DVhite Wolf Plastering Inc. office- 717-292-15'4 Address:4250 Conewago rd. Dover Pa. 17315 cell - 717 324-2726 You are hereby authorized to perform all labor required to complete the work according to the terms arld conditions attached to this propasat, fox which we agree to pay the amounts itemized above. Owaer: Date: Contractor: Date: EXHIBIT ~.1. f ~~ Z~1.t7r~..~ RLA57'6RING, DRY'HlT stucco PRUPOSAL AND CONTRACT To: Ramish Patel Date: 11-15-09 Phase -Band work Project: Qua~liiy Inn Location :1255 HGB, Pike CarListe Pa. We propose to perform all labor necessary and supply all materials to complete the following: Tf tenting & heating become necessary it will be owners responsibility far cost. All band work to bean exits charge as it is not ia. cnriginai contract as discussed with Juan. All band work will be applied at a rate of saix dollars per liniear foot to cover the cost of labor and materials. Band. wads completed to~date cgrries a balance of one thousand six hundred and eight dollars for 258 lin.ft. Additional baond woork at top of gates mid top of #hnee foot parapet walla fatal to 1,752 lin. fl. at six dollars per is ten thousand five hwulred seventy two dollars. Total cost to complete is (12,18t}.00) All of the above wrnk to be oonspie!ted in a saabstantiel and worlananlike manner according to the ternns and condditions fior the sum of: '~y~ve Tho~L~and pne Hundred Ei¢My Dollars i 50.00 Payments to be made as ~ work progresses as firllows: SQ°~ down and bela~nce to becanin~ion. The entire amouat of the contract to be paid within 1 d days a€ter completion. The price quoted for immediate acceptance only. Airy delay in acceptance will require a verification of ]char aad material costs. By: Tony Suglia fax- 717-308-1330 Company Naive: White Wolf Plastezing Inc. office- 7I7-292-1574 Address:A~250 Conewago rd. Dover Pa 17315 cell - 717-3242'126 you are hereby authorized to perfoan all labor to compl~e the work according to the terms and conditions attached to this proposal, for which we agree ao pay the amounts itemized above. p~~• Date• Contractor: Date: EXHIBIT ~.a.~-~~~ ~a.aL~ PI.AS'YSRING, DRYVIT Srucco To: Ramish Patel PROPOSAL AND CONTRACT Change order Date: 12-9-09 Project: Stucco and EIFS application Location :1255 HGB. Pike Carlisle Fa. To Co eactra EIFS Original EIFS bid at $22,OOO.OQ based on $5.00 per sgftprice .totaling 4,400 sq.ft. After all changes the schist total sq. ft. of eifs to be completed is 12,869 sq.& leaving a difference of 8,464 sq.ft. Q $S.OU pea is $42,345.00 .Change order mast be singed a~md rewrned to White Wolf ~Plasterin~g inc. to contynue this project. Price to include all labor and materials. All of the abCive work to be completed in a. substantial and wore manner according to the terms and conditions far the suns of Forty Trvo Thonsaad Three Handred Forty Five Dollars 2$4 .3~45A0 Payments to be made as the work progresses as follows: 5010 down upon acceptance of change order .Remaining 50'/o to be paid in frill within ten days of completion The entire amount of the change Order to be paid within 10 .days after completion. The price quoted for immediate acceptance only. Arty delay in acceptance wr~l require a vezification of labor and material costs. By: Tony Suglia fax 717-308-1330 +Company Name: White Wolf Plastering Tnc. otlice- 717-292-1574 Address:4250 Conewagc rd. Dover Pa. 1'7315 cell - 717-324-2726 You are herby auxhorized to perform alt labor required to complete the work according to the terms and Conditions attached to this proposal, for which we agree to pay the amounts itemized above. owner: Date: Contractor Date: EXHIBIT v~ ~r',. ~~ ~~ ~. Tyye~, , '~ ~- EXHIBIT N d a D ~: ~ ®~ p~~ ^w~~~ ~;~~~~ ~. ~ ~. ~r ~r~ ~~~ a~ ~~~F z': '.: Y: k1~t~ .. t ~'~ 4 j j ~~. g^ A_ ~ ~:. ',_~~ EXHIBIT a D '~~RAJ CONSTRUCTION, LLC. ~?ST'I1~IATE 3070 BRISTOL PIKE BALD # 2, SUITE 205 DATE ~_ ESTIMATE BENSALE11~i, PA 19020 3/7/2010 PI-i. & Fri. # 215-638-2275 .M.~_ Billing Name/ Address ]ob Sit:e Name /Address Ramesh Patel Ramesh Patel Quality Inn Motel Quality Inn Motel 1255 Harrisburg Pike Carlisle, PA 1255 Harrisburg Pike Carlisle, PA ADVANCE AMT. J+~E3 START DT. ~ X26960.00 due upon singning DESCRIPTIONS QTY. COST AMOUNT 1 STUCCO At Parapet walls. 1 ~ 29,500.00 S 29.500.00 STUCCO Inside of all four Towers. S _ ~ - 2 Meta! Roof on the ew towers and parapet walls. 1 $12,500:00 ~ 12,500.00 $ - 3 Repair of Structural damage for water leaks in balcony area. 1 ~ 25,400.00 ~ 25,400.00 (Water proofing, replace wood, Roofing seal, capping on water drains, ~ - Repairstructural damages inside Gate A, front and back. Gate B 5 - front and back, Gate C waterproofing, replace wood etc. j S - Repairdamage roof at top of break fast area, with rubber roof patch & ~ - rotten wood change. Fix all drainage and replace with pvc or metal ~ _ Gate-D, redone structural defact. ~ _ ~ - $ - S - S ~ - S - S - Note: Advance payment, 40% of Job Contract amount due uponing ~ _ singning this contract & 30 ;'° upon as needed for materials by ~ _ authorize subcontractors or VRAJ CONSTRUCTION, LLC. ~ _ $ - Final payment due after complition of work. S _ ~ - S - Total $ 67,400.00 CUSTOMER SIGNATURE . Y . '.T;v_ _..~ , `~~.' ~-:- EXHIBIT _ FOR VRAJ CONSTRU . VRAJ CONSTRUCTION, LLC. 3070 BRISTOL PIKE BALD # 2, SUITE 205 BENSALEM, PA 19020 PH. & FX. # 215-638-2275 Ramesh`Patel Quality Inn Motel 1255 harrisburg Pike, Carlisle, PA 17013 DA'Z'E ESTIA~r1TE 1 /26/2010 Ramesh Patel 'iQuality Inn Motel 1255 harrisburg Pike, Carlisle; PA 17013 ADVANCE AMT. JOQ START DT. DESCRIPTIONS QTX^ COST AMOUNT 1 Tower A front office and back library inside insulation, flooririg, dry 1 ~ 7,350.00 $ 7;350.OQ wall. ~ ~ - 2 Corking & insulation on window from outside and inside. 1 $ 1,650.Q0 ~ 1,650.00 ~ - 3 Concrete work at all gates. 1 ~ 3,950.00 3 3,950.00 $ - $ - a $ _ 3 - S - ~ - $ - Note: Full Payment required to start this Job. ~ - ~ - 5 - ~ - ~ - ~ - S - ~ - ~ - Total $ 12,950.00 CUSTOMER SIGNATURE ,. ...: ~~- EXHIBIT FOR VFtAJ C0,~ISTRU ' KROFT CONSTRUCTION INC 857 WEI.LSVILLE ROAD WELLSVILLE, PA 17365 Name /Address RAMESH PATEL/GENERAL MANAGER 1255 HARRISBURG PIKE CARLISLE,PA 17013 Date 1i29!301U Project Description Qty Cost Total -FURNISH AI~'D INSTALL "COPPER COLORED" STANDIiVG 11,000.00 .11.000.00 SEAM METAL ROOFS ON S TOWERS -FURNISH AND INSTALL "COPPER COLORED" METAL ON -ALL NEW ~T~'ALLS -FASTEN AND FLASH INSIDES OF THROUGH-WALL OVERFLO~'V SCUPPERS -INSTALL TWO NAILERS ON OFFICE ROOF (rJ100') 850.00 850.00 -INSTALL EDGE METAL ON OFFICE ROOF -FLASH METAL ON ROOF PAYMENT REQUIRED AS FOLLOWS: 1/3 DOWN BEFORE START-$4,000 1/3 AT MATERIAL DELIVERY-$3,850 1~`3 WiTHIN 7 DAYS OF JOB COMPLETION-$4.000... WORK INCLUDES: -REMOVE ALL ROOFING DEBRIS FROM SITE -THREE YEAR WORKMANSHIP GUARANTEE -WORK WILL BE COMPLETED IN IS WORKING DAYS(3 WEEKS).WEATHEIZMATERIAL DELIVERY AIV'D OTHER CONTRACTORS WORK CAN CAUSE TIME DELAYS WHICH ARE OUT OF THE CONTROL OF KROFT CONSTRUCTION AND CAN NOT BE HELD AGAINST US. -START DATE IS WITHIN 3 DAYS OF MATERIAL. DELIVERY. -MATERIAL DELNERY IS ~ 14 DAYS FROM ORDER PLACEMENT. TOta I ~ 11s5o.oo Phone # 717-502-8444 EXHIBIT AND NOW, this ~~ day of October, 2010, I, Shannon Freeman of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing ANSWER TO COMPLAINT IN ACTION UPON MECHANIC'S LIEN WITH NEW MATTER by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Cosrn.re! for Plaintiff ho:.~1 annon Freem l? LED ?,. "trp LJI VL - r F•<' r '? '7 r 'S?e r .? ? 1 2111 JAN ?1 pH ; .' JPENNsy! Aom &' LTTLiLAKIS Jason P. Kutulakis, Esquire Attorney I.D. No: 80411 Melissa P. Tanguay, Esquire Attorney I.D. No: 307155 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 WHITE WOLF PLASTERING, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHREE KRISHNA HOSPITALITY, LP, Defendant To: Tony Suglia White Wolf Plastering, Inc. 4250 Conewago Road Dover, PA 17315 Tom S. Beckley, Esquire 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 : NO. 10-678 MLD MECHANIC'S LIEN CLAIM 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 IN THE NEW MATTER. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT s A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 Respectfully submitted, ABOM & KUTULA"S, LLP Q, ' \1 :R. ?& DATE: JANUARY 11, 2011 V Jason P. Kutulakis, Esquire Attorney ID # 80411 Melissa P. Tanguay, Esquire Attorney ID # 307155 Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 (717) 249-0900 (Attorneys for Defendant) AND NOW, this Ir-1 day of January, 2011, I, Sally Evans of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing document by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: Tony Suglia White Wolf Plastering, Inc. 4250 Conewago Road Dover, PA 17315 Thomas S. Beckley, Esquire 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Sally Evans J 'J WHITE WOLF PLASTERING, INC., Plaintiff V. SHREE KRISHNA HOSPITALITY, LP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : MECHANIC'S LIEN CLAIM NO. 10-678 MLI) c? c rn? ?rn x1;0 r= v C-) !4 o l> r..a x? 0 cn G7 c-n -a rn 73 c o. -? p ? -n oM REPLY TO NEW MATTER AND NOW comes the Defendant, White Wolf Plastering, Inc. ("White Wolf'), who, by and through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Reply to Defendant's New Matter, and, in support thereof, avers as follows: 5. It is admitted that Shree Krishna owns the real property located at 1255 Carlisle Pike, Cumberland County, Pennsylvania. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to the remaining allegations contained in paragraph 3 of the Complaint, therefore, such allegations are denied 6. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to the allegations contained in paragraph 6 of the Defendant's New Matter, therefore, such allegations are denied. 7. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to the allegations contained in paragraph 7 of Defendant's New Matter. By way of further response, it is admitted that White Wolf submitted a bid to Mr. Patel. 8. It is admitted that White Wolf entered into a contract with Ramesh Patel and/or Shree Krishna, and that the contract is attached to Defendant's New Matter as Exhibit A. It is denied that White Wolf was to "complete" the renovations. To the contrary, White Wolf was simply required to perform the work set forth in its contract. V 9. The allegations contained in paragraph 9 of Defendant's New Matter references a written document which speaks for itself. By way of further response, it is admitted that the contract between the parties is attached to Defendant's New Matter as Exhibit A. 10. The allegations contained in paragraph 10 of Defendant's New Matter reference a written document which speaks for itself. 11. The allegations contained in paragraph 11 of Defendant's New Matter reference a written document which speaks for itself. 12. The allegations contained in paragraph 12 of Defendant's New Matter reference a written document which speaks for itself. 13. The allegations contained in paragraph 13 of Defendant's New Matter reference a written document which speaks for itself. 14. The allegations contained in paragraph 14 of Defendant's New Matter reference a written document which speaks for itself. 15. The allegations contained in paragraph 15 of Defendant's New Matter reference a written document which speaks for itself. 16. The allegations contained in paragraph 16 of Defendant's New Matter reference a written document which speaks for itself. 17. It is admitted that White Wolf received an initial payment of $36,666.66 on or about July 31, 2009. 18. It is admitted that White Wolf received a payment of $36,666.66 on or about September 9, 2009. 19. Denied as stated. During the course of the project, Defendant requested White Wolf to perform additional work which White Wolf did thereby extending the completion date. Defendant refused to compensate White Wolf for its work. 20. Denied as stated. It is admitted that disputes developed between the parties, however, the disputes developed prior to September 30, 2009. 2 21. Admitted. 22. Admitted. 23. Admitted. 24. The allegations contained in paragraph 24 of Defendant's New Matter reference a written document which speaks for itself. 25. Admitted. By way of further answer, the allegations contained in paragraph 25 of Defendant's New Matter reference a written document which speaks for itself. 26. It is admitted that White Wolf does not have a signed copy of the Change Order dated October 9, 2009, from Defendant. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to whether Defendant ever actually signed it. 27. Admitted. 28. The allegations contained in paragraph 28 of Defendant's New Matter reference a written document which speaks for itself. By way of further response, the roof overhang was additional work which was not covered in the original contract and/or the change order attached as Exhibit C. 29. Admitted. 30. It is admitted that White Wolf does not have a signed copy of the Change Order dated November 15, 2009, from Defendant. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to whether Defendant ever actually signed it. 31. Admitted. 32. The allegations contained in paragraph 32 of Defendant's New Matter reference a written document which speaks for itself. By way of further response, the original contract did not contain the band work contained in the change order dated November 15, 2009. 33. Admitted. 3 34. It is admitted that White Wolf does not have a signed copy of the Change Order dated December 9, 2009, from Defendant. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to whether Defendant ever actually signed it. 35. Admitted. 36. The allegations contained in paragraph 36 of Defendant's New Matter reference a written document which speaks for itself. By way of further response, the original contract did not contain the EIFS work in the change order dated December 9, 2009. 37. Denied as stated. It is admitted that White Wolf stopped working in December, 2009. White Wolf stopped working because Defendant refused to pay for the additional work which White Wolf had performed. 38. It is admitted that White Wolf did not complete its work on the project. To the contrary, White Wolf told Defendant that it was ready, willing and able to complete the work if Defendant simply agreed to pay for work which had been requested and was done. 39. It is admitted that White Wolf removed materials from the jobsite. It is denied that Defendant had paid for the materials. To the contrary, Defendant still owes White Wolf a sum exceeding $48,000.00 for work which White Wolf performed (see White Wolf's Mechanic's Lien Claim). 40. Denied. White Wolf incorporates the allegations made in paragraph 39 of this Reply to New Matter as though set forth here at length. 41. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to the allegations contained in paragraph 41 of the Defendant's New Matter, therefore, such allegations are denied. 42. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to the allegations contained in paragraph 42 of the Defendant's New Matter, therefore, such allegations are denied. 4 43. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to the allegations contained in paragraph 43 of the Defendant's New Matter, therefore, such allegations are denied. By way of further response, it is denied that White Wolf is in any way liable for the invoices attached to Defendant's New Matter. 44. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to the allegations contained in paragraph 44 of the Defendant's New Matter, therefore, such allegations are denied. By way of further response, it is denied that White Wolf is in any way liable for the invoices attached to Defendant's New Matter. 45. After reasonable investigation, White Wolf is without information or knowledge sufficient to form a belief as to the allegations contained in paragraph 45 of the Defendant's New Matter, therefore, such allegations are denied. By way of further response, it is denied that White Wolf is in any way liable for the invoices attached to Defendant's New Matter. 46. The allegations contained in paragraph 46 of Defendant's New Matter constitute a legal conclusion to which no response is necessary. To the extent a response is deemed necessary, it is denied that White Wolf breached the contract. To the contrary, White Wolf was ready, willing and able to complete the work under the contract and change orders if Defendant had simply agreed to pay for the work which it requested. 47. The allegations contained in paragraph 47 of Defendant's New Matter constitute a legal conclusion to which no response is necessary. To the extent a response is deemed necessary, it is denied that White Wolf breached the contract. To the contrary, White Wolf was ready, willing and able to complete the work under the contract and change orders if Defendant had simply agreed to pay for the work which it requested. 48. The allegations contained in paragraph 48 of Defendant's New Matter constitute a legal conclusion to which no response is necessary. To the extent a response is deemed necessary, it is denied that White Wolf breached the contract. To the contrary, White Wolf was ready, willing and able to complete the work under the contract and change orders if Defendant s had simply agreed to pay for the work which it requested. 49. The allegations contained in paragraph 49 of Defendant's New Matter constitute a legal conclusion to which no response is necessary. To the extent a response is deemed necessary, it is denied that White Wolf failed to perform its work in a good and workmanlike manner. To the contrary, White Wolf was ready, willing and able to complete the work under the contract and change orders if Defendant had simply agreed to pay for the work which it requested. 50. The allegations contained in paragraph 50 of Defendant's New Matter constitute a legal conclusion to which no response is necessary. To the extent a response is deemed necessary, it is denied that Defendant is entitled to a setoff in any amount. WHEREFORE, Plaintiff, White Wolf Plastering, Inc., hereby requests the Court to dismiss Defendant's New Matter and to enter judgment in Plaintiff's favor and against the Defendant Shree Krishna Hospitality, L.P. as requested in the Complaint, and for such other and further relief as the Court deems appropriate. DATED: January 20, 2011 Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 ?L 1-,4?4a Thomas A. Beckley, sq ire E Thomas S. Beckley, Esquire Attorneys for Plaintiff, White Wolf Plastering, Inc. 6 'dn JAN- 17 2011 MON?04:21 PM Bget & MaUen FAX KC, 71?JV (4Uu Y? IU 1 ? 4ERIFICATION T, Tony Suglia, hereby verify that I am an adult individual, that I am the President of White Wolf plastering, Inc.; that I am' u?orized to make this statement on behalf of While Wolf Plastering, Inc.; that I have read the foregoing document, and that the facts set forth iln the foregoing document are true to the best bf my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa-C.S. § 4904 relating to unswolm falsification to authorities. White WO'.f Plastering, Inc. ey: Tony Su t" President CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL Melissa P. Tanguay, Esquire Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 DATED: January 20, 2011 1 Z;?5? Thomas S. Beckley, Esquire