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HomeMy WebLinkAbout10-2900 201IIA' 2, G t'i 11 G-40 - IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & CONSTRUCTION, INC., Claimant V. SHREE KRISHNA HOSPITALITY, LP, Owner 16 -- 2460 /rt/,-b NOTICE. OF FILING MECHANICS' LIEN CLAIM To: Shree Krishna Hospitality, LP 1255 Harrisburg, Pike Carlisle, PA 17013 Ramesh Patel, General Partner Shree Krishna Hospitality, LP 1251-1257 Harrisburg, Pike Carlisle, PA 17013 TAKE NOTICE that Atlas Drywall & Construction, Inc., filed a Mechanics' Lien Claim against premises owned by you known as the Quality Inn, and located at 1255 Harrisburg Pike, Carlisle, Pennsylvania 17013. Said premises is also known as Parcel 21-18-1357-031, in Middlesex 'Township, Cumberland County, Pennsylvania. Said Mechanics' Lien Claim is for the total sum of $13,616.67, plus interest as allowed S by law, and costs of suit. *19-00 - Pa I 0-K4=fks,,V92 ? Said Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. Id - ,2 ! Od 14A D , and was filed on ___yp_j 1 36 , 2010. A copy of said Claim is attached hereto. BARLEY SNYDER LLC By: Pall W. Mi ichL 100 East arket Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Claimant 2 IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & CONSTRUCTION, INC., Claimant V. SHREE KRISHNA HOSPITALITY, LP, Owner Na. /u- J-966 P1LZ MECHANICS' LIEN CLAIM Atlas Drywall & Construction, Inc., by and through its undersigned counsel, files the following Mechanics' Lien Claim; The Claimant is Atlas Drywall & Construction, Inc., a Pennsylvania corporation which has a principal office and place of business at 225 First Avenue, Red Lion, York County, Pennsylvania 17356. Clamant files this Lien as a Sub-Contractor. 2. The Owner of the real estate against which this claim is filed is Shree Krishna Hospitality LP, a Pennsylvania limited partnership whose General Partner is Ramesh Patel, who have an office and place of business at 1255 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania 17013. The party with whom Claimant contracted was White Wolf Plastering, Inc., 4250 Conewago Road, Dover, Pennsylvania 17315. 4. The material supplied by Claimant was pursuant to a written Work Order dated August 13. 2009, a true and correct copy of which is attached and made a part hereof as Exhibit A. The general nature of the work performed was to provide and install the wood framing package, including labor, tools, lifts, daily clean-up, material storage and supervision, included in the complete wood framing system incorporated into and made a part of the Quality Inn as more fully described in Exhibit A. The amount claimed to be due is $13,616.67 as shown on Claimant's statement dated March 1, 2010, a true and correct copy of which is attached and made a part hereof s Exhibit 13. 7. The last day of work was November 6, 2009. Notice of Claimant's intent to file this Mechanics Lien Claim as given on February 18, 2009 by certified mail and February 25, 2010, by personal service. A true and correct copy of the notice of intent and the proofs of service are attached and made a part hereof as Exhibit C. 9. The real property subject to the lien is known as the Quality Inn and is located at 1255 Harrisburg Pike, Middlesex Township, Cumberland County, Pennsylvania, tax parcel no. 21-18-1357-031, as more fully described in the deed from CNR Hospitality Enterprises, LP to Shree Krishna hospitality, LP, dated March 31, 2008, and recorded as Instrument No. 200810072 2 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, a true and correct copy of which is attached and made a part hereof as Exhibit D. WI IEREFORE, Claimant, Atlas Drywall & Construction, Inc., claims to have a lien upon the premises herein described in the sum of $13,616.67, plus interest as allowed by law, and costs of suit. BARLEY SNYDER LLC By: Paul W. )PnnA 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Claimant 2898213 VERIFICATION Z, Austin Duchaine, hereby verify that the facts set forth in the foregoing Mechanics' Lien Claim are true and correct to the best of my knowledge, information and belief. T understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4944 relating to tmswom falsification to authorities. Dated: Austin Duchaine EXHIBIT A w ce woLF PLASTERING, DRYVIT STUCCO Work Order White Wolf Plastering Inc. 4250 Conewago Rd. Dover, Pa. 17315 Work Order Number: 002 Date of Work Order: 8-13-09 Contractor: White Wolf Plastering Inc. 4250 Conewago Rd. Dover, Pa. 17315 Sub-Contractor: Atlas Drywall----Austin Duchaine Red Lion Pa. Work: PROJECT SCOPE- Wood Framin Provide labor, tools, lifts, daily clean-up , material storage and supervision to install complete wood framing system. Work start date: 8-13-09 Work Completion Date: 10-13-09 Project: Quality Inn - Complete wood Framing Package Location: 1255 Harrisburg pike Carlisle Pa. Work Order Price: -($33,500.00 ) - Thirty Three Thousand Five Hundred ($11,166.66) down payment. Remaining balance to be paid in two equal payments of ($11,166.66 )Payment 2 to be made at half way point. Balance to be paid within ten days of completion and owners acceptance of work. Monthly Billing Date: Hard copy of invoice for completed work to date to white wolf plastering Inc. (The above terms are incorporated by reference below) Contractor and Sub-Contractor, with addresses shown above, agree for themselves and their successors and assigns as follows: 1. Contract Documents: The term "Contract Documents" as used herein shall mean the Work Order between Contractor and Sub-Contractor, as well as, the Project Plans and Specifications, and all conditions and addenda applicable thereto. Work Order lof4 2. Work: Sub- Contractor shall supply 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 complete the Work. The 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 bound to Contractor by the terms and conditions of the Contract Documents and this Work Order. All communications to and from the Owner or General Contractor shall be forwarded through the Contractor. The Contractor will provide administration of the Contract. 3. Price: Contractor shall pay to Sub-Contractor for the satisfactory performance and completion of the work and all duties, obligations and responsibilities of Sub-Contractor under this Work Order, the sum set forth above as the price which shall be deemed to include all costs of Sub-Contractor's performance of the Work. 4. Progress Payments: On or before each Monthly Billing Date, Sub-Contractor shall submit to Contractor, 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 General Contractor. The Contractor shall pay the Sub-Contractor sums due within seven (7) working days after the Contractor has received payment from the General Contractor. 5. Final Payment: A final payment, consisting of the unpaid balance of the Price, shall be made within 30 days after the last of the following to occur: (a) completion of the Work by the Sub-Contractor, (b) acceptance thereof by Contractor, General Contractor, Architect 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, performance charts, diagrams, as built drawings and similar items required by Sub-Contractor or its suppliers or subcontractors, (e) delivery of general release, in a form satisfactory to Sub-Contractor, executed by Sub-Contractor running to and in favor of Contractor, (t) the Contractor has received payment from the General Contractor or Owner including retention applicable to the Sub-Contractor's work. 6. Time: Time is of the essence. Therefore, Sub-Contractor shall begin the Work upon Contractor's order to do so, and perform Work diligently and promptly and in such order and sequence as Contractor 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 Sub-Contractor's sole remedy for any delay. 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 changed Work in accordance with the terms of 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 furnish Contractor with an Insurance Certificate showing at least the following coverages: Comprehensive General Liability Bodily Injury $1,000,00032,000,000 Property Damage $1,000,00032,000,000 Umbrella Liability $2,000,000 each occurrence/aggregate 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 of the 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, damage, 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 addition to all other obligations, and upon adjudication of the party's liability for indemnification, pay the cost of bringing such action, including, but not Work Order 2of 4 limited to, attorney's fees, costs, and expert fees, to the party requesting indemnity. 10. Assignment: Sub-Contractor shall not assign or subcontract any part of the Work, without the prior written consent of Contractor. Sub-Contractor shall not be relieved of its duties and obligations hereunder by any such assignment or subcontract. 11. Compliance: Sub-Contractor shall, at its own expens , neces pertammg o th. p y wi all statutes, ns and order of ani- overnmental au the rformance thereof and r hold om ansmg from any such violations and any citations, assessme9ts,.finesor _peaalttes reselEingtherefivm -- --- - - 12. Safety: Sub-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: Sub-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 Contractor. 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 Sub-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 Sub-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 through others (utilizing where appropriate any materials and equipment previously purchased for that purpose by Sub-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 Sub-Contractor hereunder, and recover from Sub-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 of the Contractor. Such action or arbitration shall take place or be brought York County, Pennsylvania. 19. Termination: This Work Order may be terminated by the Contractor for its convenience. In the event of such termination, Sub-Contractor shall be paid for the reasonable value of work performed to date. In no event shall Contractor Work Order 3of 4 be responsible for any lost profits or any other damages of the Sub-Contractor, including, but not limited to, consequential damages. - ontractor, for itself and all emnlnyp releases and relinquis eon anor property of the Contracto, 64- In Witness Whereof, with the intent to be legally bound hereby, the parties set their hands and seals the day first above written. By; Date: /? n ? Work Order Number: 002 By Tony Sugilia, President White WbIf Plastering Inc. Date: ?-- 1 -,!? 0? Date of Work Order:8-13-09 2 C_ *Sub-Contractor's Federal Employment Identification No.: e- (If no E.I.N., enter business owner's Social Security No.) Work Order 4of 4 EXHIBIT B ATLAS DRYWALL & CONSTRUCTION, INC. 225 First Avenue Red Lion, PA 17356 To: White Wolf LLC. Statement Date 3/1/2010 Amount Due Amount Enc. $13,616.67 U/M Date Transaction Amount Balance Quality Inn -Carlisle- 09/20/2009 INV #994. Due 09/20/2009. Orig. Amount $11,490.50. 11,490.50 11,490.50 --- Carpentry, 0.343 @ $33,500.00 = 11,490.50 --- CHANGE ORDER August 1, 2009 > Decreased price of Carpentry from $35,600.00 to $33,500.00. (-$2,100.00) Total change to estimate -$2,100.00 09/25/2009 INV #954. Due 09/25/2009. Orig. Amount $2,450.00. 450.00 11 940.50 --- Commercial Construction $2,450.00 , 01/18/2010 INV #1044. Due 01/18/2010. Orig. Amount $1,676.17. 1,676.17 13.616.67 --- Carpentry, 0.08337 @ $20,105.19371 = 1,676.17 -- - CHANGE ORDER - August 1, 2009 > Decreased price of Carpentry from $35,600.00 to $33,500.00. (-$2,100.00) Total change to estimate -$2,100.00 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS DUE DUE DUE PAST DUE Amount Due 0.00 0.00 1,676.17 0.00 11,940.50 $13,616.67 EXHIBIT C IN "flit COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & CONSTRUCTION, INC., Claimant SHRt-.E'KRISI-INA HOSPITALITY, LP, Owner NOTICE OF INTENT TO FILE MECHANICS' LIEN CLAIM To: Shree Krishna Hospitality. LP 1255 Harrisburg. Pike Carlisle, PA 17013 Ramesh Patel. General Partner Shree Krishna Hospitality, LP 1251-1257 Harrisburg, Pike Carl isle, PA 17013 'notice is hereby given that Atlas Drywall & Construction. Inc., 725 First Avenue. Red Lion. 1);1 17356, contracted with White Wolf Plastering, Inc., 4250 C:onewago Rd.. Dover. PA 173 1 5. to provide and install the wood framing package, including labor, tools. lifts, daily clean- up, material storage and supervision. included in the complete wood framing system for premises known as the Quality Inn, and located at 1255 Harrisburg Pike. Carlisle. Pennsylvania 17013, Said premises is also known as Parcel 21-18-1357-031, in Middlesex "I"ownship. Cumberland Count.. Pennsylvania. The last date Atlas Drywall & Construction. Lnc., provided labor or material for the project was November 6, 2009. I his will also advise that the total sum of $13,616.67 is presently due and owing on account of the labor and material provided, and we intend to file a mechanics` lien claim upon said premises. Austin Duchaine - - - Atlas Drywall & Construction. Inc. Feb. 15 "1010 Certified Mail/Return Receipt Requested cc: White Wolf Plastering, Inc. 4250 C:'onewago Rd. Dover, PA 17315 2807ti3., 7160 3820 3530 0643 7668 7160 3820 3530 0643 7699 Wa1z, CertifiedPro NET Page 1 of 1 WALZ t PrtJlCil?t U Net _ :,r=ate 'ra?sactien Trackin.; =rosss .::r:?s Re urn, . CoK A;) a:! C: . er RC-"Wags security _ integrity dbankert ( Logout) a Login 2!.>a:2:)iii Home Overview Recipient: franSactior r;f0''rnta KU' . User Info Shree Krisnna Hospitatiry Tracking u: 7;.6C G7C_ 5300.64 1;g LP Service Ppl,,)ns_ R2:;ern Pe<:coil`!: - FlctJror):(: Help 1255 Iarmburg Pike Elezc'r-unw Cuehrmar:on Links Carlisle, PA _ "--" 2e`errx;•,,,. -. At di Krlgi?rid Contact U5 Transaction created by. dbankert ?r rage ;; qa 6 User ID: 3257 .e'. Firm Mailing Book ID: None Sta C: s: Ce:avert°d Transaction History: Event Description Event Date Detail USPS Download -.__ 02-17-2010 [WALZ]- ELECTRONIC SHIPPING INFO RECEIVED at TEMECULA,CA USPS Download 02-17-2010 [WALZ] - ACCEPT OR PICKUP at YORK,PA USPS Download 02-18-2010 [WALZ] - DELIVERED at CARLISLE,PA QUICK TRACKING Enter the Article Number: S bmit 77 u Download view S,;c ton PI,.FZ9t` fl[h1J(f? K wv L nurw..... ? RRL Image _ .., ?, , .y.r? , n:. t a s...we a x e.4 na ? Shree Krishna Hospitality TO: LP 1255 Harrisburg Pike Carlisle, PA 17013 SENDER: Paul W. Minnich, Esquire REFERENCE: Atlas v. Shree Krishna 7160 3820 3530 0643 7668 RETURN FOSM90 RECEIPT Certified Fee 2.80 SERVICE Return Receipt Fee 1.10 Restricted Delivery 0.00 Total Postage & Fees A5 * 34 US Postal Service twnrtm n uA J,) Cl-?: ) (/I Receipt for Certified Mail No insurance Coverage Provided I Do Not Use for International Mail Q d https://www.certifiedpro.net/wl /SearchResultDetail.aspx?id=643283 2/25/2010 UNITEDST/1TE5 POSTIIt SERVICE. Date Produced: 02/22/2010 WALZ CERTIFIED MAIL SOLUTIONS LLC The following is the delivery information for Certified MailTm item number 7160 3820 3530 0643 7668. Our records indicate that this item was delivered on 02/18/2010 at 12:29 p.m. in CARLISLE, PA, 17013. The scanned image of the recipient information is provided below. Signature of Recipient: Wore Address of Recipient: ess ' 4SS- ye Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service Return of Service On 0"""` e a.? , to I W tN , n s, U iT,?,.aerved with the Notice of Intent to File Mechanics' Lien Claim by I verify that the tents in this return of service are true and correct. I understand that fie statements herein are male subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: -125 ?.% U \-)-? ? 0 Lt, -,n - S Signature 2651231.1 EXHIBIT D •\ 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: Tax Parcel 4 I - d-/35 -• 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: '?SS- it n."r.,.rt'„?'; '?,,?;. By: SPECIAL WARRANTY DEED THIS INDENTURE dated the day of )*,? 2008 to be effective as of the 3 0 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 Hospitality Enterprises, LLC By` Name: CN?n> o,zesN i ?L Title: MAn?gc=iNG ME/Y/f?e? COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS On this, the _3L day of , 2008, before me, a Notary Public in and for the Stated County aforesaid, the undersigned officer, personally appeared C,?j}n?r?,C Esr/ 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. - )-h - NOTARY PUBLIC My Commission Expires. COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Denise M. Stahel, Notary Public Plymouth Twp., Montgomery County W Commission Expires Aug. 9, 2DO9 Member. Pennsylvania Association of Notaries EXHIBIT °A" LEGAL DESCRIPTION MIRE- 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: BEGiN1,11INN 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; THF1,TCE 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-tutu 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 nineteen minutes fifty-nine seconds West (South U 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 twrenty 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; 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 arc of which is subteuded 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 are 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. Swidler; 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. f 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 comer 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. 445030v1 This policy valid only if Schedule "A" is attached. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200810072 Recorded On 4/2/2008 At 9:48:23 AM * Instrument Type - DEED Invoice Number - 17713 User ID - RAK * Grantor - CNR HOSPITALITY ENTERPRISES LP * Grantee - SHREE KRISHNA HOSPITALITY LP x Customer - LEON HALLER * FEES STATE TRANSFER TAX STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE CUMBERLAND VALLEY SCHOOL DISTRICT MIDDLESEX TOWNSHIP TOTAL PAID $48,000.00 $0.50 $10.00 $17.50 $11.50 $2.00 $3.00 $24,000.00 $24,000.00 $96,044.50 *Total Pages - 8 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ?y IF cy RECORDER O /DE D S irao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOLNV III?NINIfliInIllVlllllll a~ ~~~ €Jt~~r;~~~o~r~a~ ~J 2i~l0 ~'~'T -~ ~°a~ ~0~ ~2 ~~ ~Y'If~.L ~At~"~U CQ~.y3yS~ 1 `~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & CONSTRUCTION, INC., Plaintiff v. SHREE KRISHNA HOSPITALITY, LP, Defendant No. 10 - 2904 MLD Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & CONSTRUCTION, INC., Plaintiff v. SHREE KRISHNA HOSPITALITY, LP, Defendant No. 10 - 2900 MLD Term COMPLAINT TO OBTAIN JUDGMENT ON MECHANICS' LIEN CLAIM Atlas Drywall & Construction, Inc., by and through its undersigned counsel, files the following Complaint to Obtain Judgment on Mechanics' Lien Claim: 1. Plaintiff is Atlas Drywall & Construction, Inc., a Pennsylvania corporation which has a principal office and place of business at 225 First Avenue, Red Lion, York County, Pennsylvania 17356. 2. Defendant is Shree Krishna Hospitality LP, a Pennsylvania limited partnership whose General Partner is Ramesh Patel, who have an office and place of business at 1255 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is engaged in business as a commercial drywall installer. 1 4. Pursuant to a written Work Order entered into with White Wolf Plastering, Inc., 4250 Conewago Road, Dover, Pennsylvania 1731 S, dated August 13, 2009, Plaintiff provided the material and labor necessary for the installation of the wood framing system incorporated into and made a part of the erection and construction of a Quality Inn situate on real property owned by Defendant. S. The real property owned by Defendant is located at 12SS Harrisburg Pike, Middlesex Township, Cumberland County, Pennsylvania, also identified as tax parcel no. 21-18- 1357-031, and more fully described in the deed from CNR Hospitality Enterprises, LP to Shree Krishna hospitality, LP, dated March 31, 2008, and recorded as Instrument No. 200810072 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 6. On or about November 6, 2009, Plaintiff in its capacity as asub-contractor, completed the work required under the Work Order in a good and workmanlike manner. 7. Despite Plaintiff s completion of the work contracted and its repeated demands for payment, Plaintiff failed to receive full payment for the labor and material provided. 8. The amount due to Plaintiff for the labor and material provided is $13,616.67. 9. On April 30, 2010, Plaintiff filed a Mechanics' Lien Claim against Defendant in the amount of $13,616.67, plus interest as allowed by law, and costs of suit. A copy of said Claim is attached and made a part hereof as Exhibit A. 10. A Notice of Filing Mechanics' Lien Claim along with the Mechanics' Lien Claim was timely served upon Defendant on May S, 2014, as evidence by the Sheriff's Return of 2 Service filed of record, a true and correct copy of which is attached and made a part hereof as Exhibit B. 11. The Mechanics' Lien Claim has not been satisfied. WHEREFORE, Plaintiff, Atlas Drywall & Construction, Inc., demands judgment against Defendant, Shree Krishna Hospitality, LP, in the sum of $13,616,67, plus interest as allowed by law, and costs of suit. BARLEY SNYDER LLC By: Pau i 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff 3023800 VERIFICATION I, Austin Duchaine, hereby verify that the facts set forth in the foregoing Complaint to Obtain Judgment on Mechanics' Lien Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: ~i'nl~ ~L Austin uc aine ~i U ~YujBIT A li~ ,11,~ _ ^ ^~, ' V IN THF_, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & CONSTKUCTION, INC., v. Claimant SHREE KRISHNA HOSPITALITY, LP, Owner NOTICE OF FILING MECHANICS' LIEN CLAIM To: Shree Krishna Hospitality, LP 1255 Harrisburg, Pike Carlisle, PA 17013 Ramesh Patel, General Partner Shree Krishna Hospitality, LP 1251-1257 Harrisburg, Pike Carlisle, PA 17013 TAKE NOTICE that Atlas Drywall & Construction, Inc., filed a Mechanics' Lien Claim against premises owned by you known as the Quality Inn, and located at 1255 Harrisburg Pike, Carlisle, Pennsylvania 17013. Said premises is also known as Parcel 21-18-1357-031, in Middlesex Township, Cumberland County, Pennsylvania. Said Mechanics' Lien Claim is for the total sum of $13,616.67, plus interest as allowed by law, and costs of suit. Said Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. ,and was filed on _ , 2010. A copy of said Claim is attached hereto. BARLEY SNYDER LLC/ By: Pa W. Mi ich 100 East arket Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Claimant 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & CONSTRUCTION, INC., Claimant v. SHREE KRISHNA HOSPITALITY, LP, Owner MECHANICS' LIEN CLAIM Atlas Drywall & Construction, Inc., by and through its undersigned counsel, files the following Mechanics' Lien Claim; The Claimant is Atlas Drywall & Construction, Inc., a Pennsylvania corporation which has a principal office and place of business at 225 First Avenue, Red Lion, York County, Pennsylvania 17356. Clamant files this Lien as aSub-Contractor. 2. The Owner of the real estate against which this claim is filed is Shree Krishna Hospitality LP, a Pennsylvania limited partnership whose General Partner is Ramesh Patel, who have an office and place of business at 1255 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania 17013. The party with whom Claimant contracted was White Wolf Plastering, Inc., 4250 Conewago Road, Dover, Pennsylvania 17315. 4. The material supplied by Claimant was pursuant to a written Work Order dated August 13, 2009, a true and correct copy of which is attached and made a part hereof as Exhibit A. 5. The general nature of the work performed was to provide and install the wood framing package, including labor, tools, lifts, daily clean-up, material storage and supervision, included in the complete wood framing system incorporated into and made a part of the Quality Inn as more fully described in Exhibit A. 6. The amount claimed to be due is $13,616.67 as shown on Claimant's statement dated March 1, 2010, a true and correct copy of which is attached and made a part hereof s Exhibit I3. 7. The last day of work was November 6, 2009. Notice of Claimant's intent to file this Mechanics Lien Claim as given on February 18, 2009 by certified mail and February 25, 2010, by personal service. A true and correct copy of the notice of intent and the proofs of service are attached and made a part hereof as Exhibit C. 9. The real property subject to the lien is known as the Quality Inn and is located at 1255 Harrisburg Pike, Middlesex Township, Cumberland County, Pennsylvania, tax parcel no. 21-18-1357-031, as more fully described in the deed from CNR Hospitality Enterprises, LP to Shree Krishna hospitality, LP, dated March 31, 2008, and recorded as Instrument No. 200810072 2 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, a true and correct copy of which is attached and made a part hereof as Exhibit D. WHEREFORE, Claimant, Atlas Drywall & Construction, Inc., claims to have a lien upon the premises herein described in the sum of $13,616.67, plus interest as allowed by law, and costs of suit. BARLEY SNYDER LLC By: Paul W. I~~inniL~h 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Claimant 2898213 VERIFICATION I, Austiu~. Duchaine, hereby vez;,fy that the facts set forth in the foregoing Mechanics' Lien Claim are tzue azzd correct to the best of my knowlecll.;e, information and belief: I uttdcrstarzd that false statements hereizz axe 1t~aade subject to the penalties of 18 Pa.C.S.A. X4904 relating to unsworn falsifieatiozz to authorities. Dated: ~ l ~ ~ (~ ~ ~ ~` Austin Duchaine z,3a.Y~~~E ~aol.F PLASTERING, DRYYIT STUCCO t Work Order White Wolf Plastering Inc. 4250 Conewago Rd. Dover, Pa. 17315 Work Order Number: 002 Date of Work Order: 8-13-09 Contractor: White Wolf Plastering Inc. 4250 Conewaga Rd. Dover, Pa. 17315 Sub-Contractor: Atlas Drywall----Austin Duchaine Red Lion Pa. Work: PROJECT SCOPE- Wood Framing Provide labor, tools, lifts, daily clean-up ,material storage and supervision to install complete wood framing system. Work start date: 8-13-09 Work Completion Date: 10-13-09 Project: Quality Inn -Complete wood Framing Package Location: 1255 Harrisburg pike Carlisle Pa. Work Order Price: -($33,500.00 } -Thirty Three Thousand Five Hundred ($11,166.bb) down payment. Remaining balance to be paid in two equal payments of ($11,166.bb )Payment 2 to be made at half way point. Balance to be paid within ten days of completion and owners acceptance of work. Monthly Billing Date: Hard copy of invoice for completed work to date to White Wolf Plastering Inc. ('The above terms are incorporated by reference below) Contractor and Sub-Contractor, with addresses shown above, agree for themselves and their successors and assigns as follows: I. Contract Documents: The term "Contract Documents" as used herein shall mean the Work Order between Contractor and Sub-Contractor, as well as, the Project Plans and Specifications, and all conditions and addenda applicable thereto. Work Order lof 4 2. Work: Sub- Contractor shall supply scaffolding or lifts as needed to complete the Work. Sub-Contractor shall perform and fiunish all tabor, tools and supervision and all other things necessary to prosecute and complete the Work. The Work shall be performed by Sub-Contractor in a good and worlananlike manner strictly in accordance with the Contract Documents. With respect to the Work, Sub-Contractor agrees to be bound to Contractor by the terms and conditions of the Contract Documents and this Work Order. All communications to and fi-om the Owner or General Contractor shall be forwarded through the Contractor. The Contractor will provide administration of the Contract. 3. Price: Contractor shall pay to Sub-Contractor for the satisfactory performance and completion of the work and all duties, obligations and responsibilities ofSub-Contractor under this Work Order, tfie sum set forth above as the price which shall be deemed to include all costs of Sub-Contractor's performance of the Work. 4. Progress Payments: On or before each Monthly Billing Date, Sub-Contractor shall submit to Contractor, 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 General Contractor. The Contractor shall pay the Sub-Contractor sums due within seven (7) working days after the Contractor has received payment from the General Contractor. S. Final Payment: A final payment, consisting of the unpaid balance of the Price, shall be made within 30 days after the last of the following to occur: (a) completion of the Work by the Sub-Contractor, (b) acceptance thereof by Contractor, General Contractor, Architect 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, performance charts, diagrams, as built drawings and similar items required by Sub-Contractor or its suppliers or subcontractors, (e) delivery of general release, in a form satisfactory to Sub-Contractor, executed by Sub-Contractor nrmiing to and in favor of Contractor, (~ the Contractor has received payment from the General Contractor or Owner including retention applicable to the Sub-Contractor's work. 6. Time: Time is of the essence. Therefore, Sub-Contractor shall begin the Work upon Contractor's order to do so, and perform Work diligently and promptly and in such order and sequence as Contractor may direct, so as to achieve completion of the Work not later than the KWork Completion Date" shown on page 1 of this Work Order. Extensions of time shall beSub-Contractor's sole remedy for any delay. 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 changed Work in accordance with the terms of 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 fiumish Contractor with an Insurance Certificate showing at least the following coverages: Comprehensive General Liability Bodily Injury $1,000,000/$2,000,000 Property Damage $1,000,000/$2,000,000 Umbrella Liability $2,000,000 each occurrence/aggregate 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 requ'u~e of the 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, damage, 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 addition to alt other obligations, and upon adjudication of the party's liability for indemnification, pay the cost of bringing such action, including, but not Work Order 2of 4 limited to, attorney's fees, costs, and expert fees, to the party requesting indemnity. 10. Assignment: Sub-Contractor shall not assign or subcontract any part of the Wotk, without the prior written consent of Contractor. Sub-Contractor shall not be relieved of its duties and obligations hereunder by any such assignment or subcontract. 11. Compliance: Sub-Contractor shall, at its own expense, a nece ~ pertammg o th . y wi all statutes, ns and order of an i- ovemmental a the rformaace thereo and r hold om an ansuig from any such violattons and any citations, assessments,-fiaes©r-peeal#esresnlttagtfrercfirnu--~~~_-~----__ . 12. Safety: Sub-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: Sub-Contractor shall keep the premises at all times &'ee from waste materials, packaging and other debris accumulated in connection with the Work and, at fins! inspection, clean and prepare the Work for acceptance by the Contractor. 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. 1 S. 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 Sub-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. l6. Default: Should Sub-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 through others (utilizing where appropriate any materials and equipment previously purchased for that purpose by Sub-Contractor) and deducting the cost thereof (plus an allowance for administrative burden equal to 1 S% of such costs) from any monies due to become due Sub-Contractor hereunder, and recover from Sub-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 shalt be resolved either by arbitration or by action at law, at the sole option of the Contractor. Such action or arbitration shall take place or be brought York County, Pennsylvania. 19. Termination: This Work Order may be terminated by the Contractor for its convenience. In the event of such termination, Sub-Contractor shall be paid for the reasonable value of work performed to date. In no event shall Contractor Work Order 3of 4 be responsible for any lost profits or any other damages of the Sub-Contractor, including, but not limited to, consequential damages. ontractor, for itself and al releases and relinquish e an or prope of the Con~_ - _ In Witness Whereof, with the intent to be legally bound hereby, the parties set their hands and seals the day first above written. BY: i~ain~iue It ... ~.., ".-~. Company -~ ~~-.~ ~~t .. Date: ~~ ~~ ~ ~ Work Order Number: 002 Date of Work Order:8-13-09 *Sub-Contractor's Federal Employment Identification No.:_ ~ ~ (~~~~~ (If no E.I.N., enter business owner's Social Security No.) By: .~ .. Tony Su 'a, President White W if Plastering Inc. Date: ~= ~ 3 ~- C~ `~ Work Order 4of 4 ~l ~i EXHIBIT B ___- --- --- ATLAS DRYWALL & CONSTRUCTION, INC. '`~' ~' 225 First Avenue Red Lion, PA 17356 To: White Wolf LLC. Statement Date 3/1/2010 Amount Due Amount Enc. $13,616.b7 U/M Date Transaction Amount Balance Quality Inn -Carlis~e- 09l20/2009 INV #994. Due 09/20/2009.Orig. Amount $11,490.50. 11,490.50 11,490.50 ---Carpentry, 0.343 @ $33,500.00 = 11,490.50 --- CHANGE ORDER August 1, 2009 > Decreased price of Carpentry from $35,600.00 to $33,500.00. (-$2,100.00) Totat change to estimate -$2,100.00 09/25/2009 MV #954. Due 09/25/2009.Orig. Amount $2,450.00. 450.00 11,940.50 --- Commercial Construction $2,450.00 OI/18/2010 INV #1044. Due 01/1812010. Orig. Amount $1,676.17. 1,676.17 13,616.67 --- Carpentry, 0.08337 @ $20, (05.19371 = 1,676.17 -- CHANGE ORDER August 1, 2009 > Decreased price of Carpentry from $35,600.00 to $33,500.00. (-$2,100.00) Total change to estimate -$2,100.00 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 0.00 1,676.17 0.00 11,940.50 $13,616.67 ~/ ) ~ ~.KI~j~ C E ,.~ I?~ T'I-([ COUR"t OF CO'v[IviON PLEAS OF CUIViBERLAND COUNTY, PF'N~'SYL~'ANIr~ ATLAS DRYWALL & CONS-CRCtCT[ON, TNC., Cluimun~ ~. SHREE KRISI-[NA HOSPITALI"I'Y, L.P, fh+~~ner NOTICE OF INTENT TO FILE MECHAivICS' LIEN CLAIM "}~"o: 'three Krishna Hospitalit}-. (_P 1251 Harrisburg, Pike Carlisle, PA (7013 Ramesh Patel. General Partner S}tree Krishna Hospiialiry, LI' 1251-12.57 Harrisburg, Pike Car}isle, PA (7013 tioticc is hereby given that Atlas Drywall & Canstruction. Inc., 225 First Avenue. Red Lion. }'~ 17356, contracted with ~'hitc Wolf Plastering, Inc., X250 Concwas~o CZd.. Dever. P:1 1 T } 5, tta provide and install the woad framing package, inctuding labor, tams, lifts, dailti• clean- up, material stora~,e and supervision, included. i.n fhe complete wood Craming s}'stem for premises known 4-s tl~e Quality lnn, and. located at 1255 (-larrisburg Pike, Car}isle, ('erutsy}v~tniH 17013. Said premises is also kno«Tt ati Parcel 21-18-1357-031, in Ntiddlesex Township. C:utnherla.nd Count. Pennsylvania. -l'he last date Atlas Drywall & Constriction, (nc., prop ided {abor or material for the project ~~as No~Jember 6, 2009. This 4yrill also ad~rise that the total sum of $13,G1f.b7 is presently due: and o«~ing ort account of the labor anal material provided, and. we intend to file a mechanics' lien ciaitrt upon said hrt~t~tises. Austin DucEtaine - - Atlas Dr}~va(l & Construction. (nc. Feb. 16. , 2010 Certitiecl'\iaillReturn Receipt Requested cc: ~ti`hite 4VolfPlastering.Inc. =1'5(1 Cone~~rato Itd. f Server, P.n 17 } ~ ~xt+~x> ~~ ~ '• - •_ 7160 3820 353fl 0643 7668 7160 3820 353D D643 7699 Walz, CertifiedPro .NET Page 1 of 1 ~~ ~ Certif[edPrv.;Vctt ~reale '2^sacii~ Trac.in, ?ro-Vcss Ra~:ms ~eE:.7n: i.cnz i1p k9aii .,enier gc:;Ur~z b security + Integrity dbankert (Loaout) i.ast t_ogie: c 24)?OLEi Home Overview ReciFient: ~rraraacGor. nf~rn?hon: User Infd Shree Krishna MosPiLaticy Trackrn7 R: 7ibG?Lt:cC.5 70054 3 7508 LP Service i7UL::ns: Ret:::,, Re•:xipt • E!ecU;xr,: He1P 1255 ^arrisvurg Pike Electr^r,r_ Co^!;rmation Links _ Carlisle, PA L7U L5 '"!ci! St;vi„-. ~;.;;~:eJ Re•. eren.... Alias •..:~b: ee xnsena Contact Us ~:. ?+x?age: ;:.44 ansaction crea[en bY: dbankert r`es: 3.a~ UsttiD: 3257 Status: L`eiiver'Zd pirn Mailing t3ook ID: None TransacCion History: Evert Desa-iption Event Date Detai[ y USPS Oownbad 02 17 2010 [WAIZJ E1,ECTRONSC SHIPPING INFO RECEIVED at TEMECULA,CA USPS Downbad 02-17.2010 [WAt,2] -ACCEPT OR PSCKUP at YORK,PA USPS Oownbad 02-18-2010 [WAIZJ -DELIVERED at CARLISIE,PA QUICK TRACKING F1Ker the Aftide Number: :Submit... H t~s•rtewrtm CTOwraOatl ~ Vi2ty .nscr3p[ii,n ~. ® ~ RItE imaue Shree Krishna Hospitality TO: 1255 Harrisburg Pike Carlisle, PA 17013 SENDER: Paul W. Minnick, Esquire REFERENCE: Atlas v. Shree Krishna 7160 3820 3530 0643 7668 RETURN trostage - 80 2 RECEIPT certised Fee . SERVICE Retum Receipt Pee l . l 0 Restricted Derlvery 0.00 Total Postage 3 Pees 5 4 o~ o t!S Postal Service \ I~R DA ~ Receipt far '-~~ a ~: ~ _ ~ Certified Mail ad ~ o No Insurance Coverage Provided iJo Not Ilse for Inlernafronal Mai https://www.certifiedpro.net/w 1 /SearchResultDetail.aspx?id=b43283 2/25/2010 ~~' ~~~~ Date Produced: 02/22/2010 WALZ CERTIFIED MAIL SOLUTIONS LLC The following is the de{ivery information for Certified MailT"' item number 7160 3820 3530 0643 7668. Our records indicate that this item was delivered on 02/18/2010 at 12:29 p.m. in CARLISLE, PA, 17013. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: ~ `~,SS-- ~~ P; ~~ Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service Retaza of Service Oa ~~n ~.~ ~ ~ to . I W \ ~~ ~~ •v~ S . ~- ~T~...served ~jan. ~ak~-L , witi~ the l~iotice of Intent ttt File Mechanics' Lieu Claim by I verify that the its in this return of service are true and correct. i unders#and that a false statements herein are made subject to the penalties of 18 Pa C.S. §4904 relating to unswom falsi5c~tion to authorities. Date: ~-\2.5 ~~ u S ~~ Signature 2b51231.i ~~ II EX~ i /~ ~~ V ~ ~ Prepared by: Michelle Brennan Scullin, Esquire • Salvo Landua Gruen & Rogers 510 Township Line Road, Suite 150 Blue Bell, PA 19422 215-b53-0110 Return to: Taa Parcel # 1(~. j ~ --/3 `,> •7-• 0 3 I PENNSYLVANIA DEED SPECIAL WARRANTY DEED from CNR HOSPITALITY ENTERPRISES, LP to SHREE KRCSHNA HOSPITALITY, LP Premzses: 1255 Harrisburg Pike, Carlisle, Pennsylvania The address of the above-named Grantee is: $Y SPECIAL WARRANTY DEED THIS/INDENTURE dated the ~~~day of ~Y~' 2008 to be effective as of the ~ day of __,~'~-o~-c/`~ , 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 SIIREE KRISHNA HOSPITALITY, LP, a Pennsylvania limited partnership (hereinafter caned 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 f rst above written. Witness: CNR HOSPITALITY ENTERPRISES, LP By: CNR Hospitality ~Enterpzises, LLC :/ t ~ Name: CflAnlo,zr-SN ~ i ~L Title: MAn~At=i~v'G n'IE/h f~~,C~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~~ SS On this, the ~ day of ~ ;}~Yt wvc~'~ , 2008, before me, a Notary Pubtic in and for the State/~d County aforesaid, the undersigned officer, personalty appeared Cf~i4i+(y~PesrJ !"/~TE~ ,who acknowledged himself to be the managing member of CNR Hospitality Enterprises, LLC, which in turn is the sole genera! 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 COIT1T111SSiori Expires: COt~VIONWEALTH OF PENNSYLVANIA Notarial Seal . Denise M. Stubet, Notary Public Plyrtbtrth Twp„ MaMgorttery Courriy ~Y Commission E~ires Aug. 9, 2009 Nlemt>er, Pennsytvanla Association of Notaries EXHIF3IT °A" LEGAL DESCRIPTION ~~ PARCEL N0.21-18-135?-031 ALL THAT CERTAIN tract of Iand situate in ivfiddlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNIl~IG at an existing iron pipe on the southern tight-of--way line of U. S. Route 11, L.R 34, at the comet of lands owned now or formerly by Betty L. Rice; THEi~1CE 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 fzfty 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 den ees 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; Tf3ENCE 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-fora 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-0ne and ninety-tvs~o 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 seventee;z degrees nineteen minutes fifty-nine seconds West {South 17 degrees 14 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 (24520) feet, the arc of which is subtended by a chord beating 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 (236.2I }feet to a point; `1 FIENCE along the same South seveni3~-one degrees twenty-two Qainutes zero seconds West (South 7I 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 azc 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 Iine curving to the right in a southwesterly direction with a radius of six hundred thirty-five and zero one-hundredths (b35.00) feet for a distance of one hundred t?-iriy-seven and ninety-eight one-hundredths (137.98) feet, the arc of which is subtended by a chard 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; TIiENCE 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.$9) feet to an existing iron pin at the corner of lands owned now or formerly by Harold Z. Su~idler, THENCE running with and along the lands of SwidIer North seventy-one degrees forty-three ninutes forty- two seconds West (North 71 degrees 43 minutes 42 seconds West), sixty-two and eleven one-hundredths {62. I 1}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 Vilest (South 0~ 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. ,;_;_ _ ~_' 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-ftve seconds West (North 02 degrees 55 minutes 55 seconds West), tvvo hundred thirty-six and three one-hundredths (23b.03) feet to an existing iron pin at the comer of lands owned now or formerly by Carlisle Inn Joint Venture; THENCE running with and along lands of Caz]isle lrui Joint Venture, North four degrees twenty-one minutes fifty-two seconds West {North 04 degrees 21 minutes 52 seconds West), four hundred twenty-live 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 1 t, the PLACE OF BEGINNING. CONTAINING ten and eight hundred ninety-eight one-thousandths (10.898) acres. 445{130v 1 This policy valid on]y if Schedule "A" is attached. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTX 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200814072 Recorded On 4/2!2008 At 9:48:23 AM * Instrument Type -DEED Invoice Number - 17713 User ID - RAK * Grantor - CNR HOSPITALITX ENTERPRISES LP * Grantee - SHREE KRISHNA HOSPITALITY LP "Customer -LEON HALLER * FEES STATE TRANSFER TAX STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE CUMBERLAND VALLEY SCHOOL DISTRICT MIDDLESEX TOWNSHIP TOTAL PAID $4a,ooo.ao $0.50 Slo.oo $17.50 $11.50 $2.00 $3.00 $24,000.00 $24,000.00 $96,044.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~p cvwe ~ \,~~°s ° ,~ -~-- ° RECORDER O D EDS .~~ »so * -Information denoted by an asterisk may change during the vccit'ication process and may not be reQected on this page. x Total Pages - & uiaiiiuTiiiiii0iuuu ~I U EX~T B 1 v ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Gou~~ of ~aanbcr~'r6 t Or~GE aF Ft45 SM~RIFF Atlas Drywall 8~ Construction, Inc. Case Number vs. Shree Krishna Hospitality, LP (et al.) 2010-2900 SHERIFF'S RETURN OF SERVICE 05!05!2010 Wliiam Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 5, 2010 at 1015 hours, he served a true copy of the within Notice of Filing Mechanics' Lien Claim and Mechanics' Lien Claim, upon the within named defendant, to wit: Shree Krishna Hospitality, LP, by making known unto Sam Patel, Assistant Manager 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. 05/05/2010 William Cline, Deputy Sheriff, who being duly sworn according to law, sta#es that on May 5, 2010 at 1015 hours, he served a true copy of the within Notice of Filing Mechanics' Lien Claim and Mechanics' Lien Claim, upon the within named defendant, to wit: Ramesh Patel, General Partner, Shree Krishna Hospitality, LP, by making known unto Sam Patel, Assistant Manager 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: $49.84 SO ANS May 06, 2010 RON ANDERSON, SHERIFF By ~ a WI IAM CLINE, DEPUTY SHERIFF NOTARIAL ScAt. - - - - - - - - - - - - - - - - - - - ... - - - - - - - - - CLALIQIA A.-RRi~ISAKE.R, htaTARY-PilBllC . NOTARY Carlisle Bcro, Cumberland County Affirmed an11d subscribed to before me this M~~ Comrni,sion Expires April 4, 2013 ;v day of ~ ,~~.~ ;c) ~our,Suiie Sheriff. Teieoso,R, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r ? Sheriff Jody S Smith " Chief Deputy 2 Richard W Stewart L is r cl? vu ?tF r m Solicitor ^ ? 1 r "i"M 1 'ul? 7 , L D I? IM, 11 A ,r Atlas Drywall & Construction, Inc. Case Number vs. Shree Krishna Hospitality, LP let al.) 2010-2900 SHERIFF'S RETURN OF SERVICE 10/07/2010 02:40 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2010 at 1440 hours, he served a true copy of the within Complaint to Obtain Judgment on Mechanics' Lien Claim and Notice, upon the within named defendant, to wit: Shree K ishna Hospitality, LP by making known unto Sam Patel, Manager of Shree Krishna Hospitality, LP at 125 arrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at tho4ame ti anding to him personally the said true and correct copy of the same. /J In T1 ,DEPUTY SHERIFF COST: $33.40 October 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (Cj COWINSUlte She,& Teleasoft_ Inc. .{ ry,ln~^,~ ^~ C~~ 3~ 19 ~, ~ ~,.;~ ~t~Ui~r '..,1..~i` ~ `F~ ~~{ i..`~~+~tA OM ~' LILAKIS Jason P. Kutulakis, Esquire Attorney I.D. No: 80411 Melissa P. Tanguay, Esquire Attorney LD. No: 307155 2 West High Street Cazlisle, Pennsylvania 17013 (717) 249-0900 ATLAS DRYWALL & CONSTRUCTION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-2900 MLD SHREE KRISHNA HOSPITALITY, LP, Defendant :MECHANIC'S LIEN CLAIM NOTICE TO Pi.EAl~ To: Atlas Drywall & Construction, Inc. c/o Paul W. Minnick, Esquire BARLEY SNYDER LLC 100 East Market Street P.O. Box 15012 York, PA 17405-7012 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, & KiITUI.t1KIS~ T T P DaTE: OCTOBER 26, 2010 y''- 1 ~~/~ ~ , Jaso~ P. Rail ID o. $0411 Melissa P. Tariguay, Esquire ID No. 307155 2 West High Street Carlisle, PA 17013 (717) 249-0900 ATLAS DRYWALL & CONSTRUCTION, INC., Plaintiff v. SHREE KRISHNA HOSPITALITY, LP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2900 MLD MECHANIC'S LIEN CLAIM ANSWER TO GOMPL•ATNT TO OBT TN PON MFf HANi[''4 T TFN WITH NEW 1VLATTF:R AND NOW, comes the Defendant, Shree 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. 3. Admitted, upon information and belief. 4. Admitted, upon information and belief. 5. Admitted. 6. Denied. It is specifically denied that Plaintiff completed the work required under the work order in a good and workmanlike manner. 7. Denied. It is specifically denied that Plaintiff completed the work contracted. It is specifically denied that Defendant is responsible for payment to Plaintiff as Defendant is not a party to the contract between White Wolf Plastering, Inc. and Atlas Drywall & Construction, Inc. 8. Admitted in part and denied in part. It is admitted that Plaintiff is seeking $13,616.67. It is specifically denied that Defendant is responsible for payment to Plaintiff as Defendant is not a party to the contract between White Wolf Plastering, Inc. and Atlas Drywall & Construction, Inc. 9. Admitted, upon information and belief. 10. Admitted, upon information and belief. 11. Admitted. WHEREFORE, Defendant Shree Krisha Hospitality, LP demands judgment in its favor and against Plaintiff At]as Drywall & Construction, Inc. NEW MATTER 12. Paragraphs one (1) through eleven (11) are hereinafter incorporated by reference. 13. Defendant Shree Krishna Hospitality, L.P. owns and operates a Quality Inn hotel franchise at 1255 Carlisle Pike, Carlisle, Pennsylvania. 14. In early 2009, the Quality Inn, operated by Choice Hotels, instructed Shree Krishna Hospitality, L.P., to upgrade and xc~novate the hotel's exterior facade to comply with franchise requirements. 15. On or about July 31, 2009, Defendant contracted with White Wolf Plastering, Inc. (hereinafter, "White Wolfl') 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. 16. On or about August 13, 2009, White Wolf contracted with Plaintiff to "complete wood framing package," pursuant to a Work Order. 17. Defendant was not a party to the Work Order between White Wolf and Plaintiff. 18. Plaintiff was a subcontractor for White Wolf. 19. Pursuant to the Work Order, Plaintiff was to complete the work by October 13, 2009. 20. Pursuant to the Work Order, White Wolf was to pay Plaintiff $33,500.00 in three (3) equal payments of $11,166.66. 21. Pursuant to the Work Order, White Wolf was to pay Plaintiff upon commencement of the work, halfway through the work and at the completion of the work. 22. Defendant was not responsible for payment to Plaintiff. 23. On July 31, 2009, Defendant paid White Wolf $36,666.66. 24. This initial payment was made as a down payment at the commencement of White Wolf's work. 25. On or about September 9, 2009, Defendant paid White Wolf a second $36,666.66 payment. 26. This second payment was made at the halfway point of White Wolf's work. 27. White Wolf was responsible for payment to Plaintiff from these payments by Defendant. 28. Defendant should not be liable for White Wolf's failure to pay Plaintiff. 29. Plaintiff failed to complete the work by October 13, 2009. 30. Plaintiff s delay caused White Wolf's entire project to be delayed. 31. Plaintiff failed to complete the work in a good and workmanlike manner: a. Plaintiff did not. complete the wood framing. See Photographs, attached as Exhibit «A „ b. Plaintiff failed to install the proper metal supports to the wood framing. See Photographs, attached as Exhibit "B." c. Plaintiff left the wood framing exposed to the elements, causing damage to the wood framing. See Photographs, attached as Exhibit "C." 32. 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 "D." 33. Defendant hereby asserts the defense that Plaintiff failed to perform the contracted work in a satisfactory or workmanlike manner. 34. Defendant demands aset-off in the amount of $13,616.67, 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. IYrHEBEFOBE, Defendant Shree Krishna Hospitality, LP Defendant Sheee Krisha Hospitality, LP demands judgment in its favor and against Plaintiff Atlas Drywall & Construction, Inc. in the amount of $13,616.67 based upon the defense of unsatisfactory and un-workmanlike performance of services. Respectfully submitted, & KUTULAKIS, T T p Da'r'E: OcTOSER 26, 2010 "`"1" ~/~ ' Jas n P. Ku~akis, Esquire No. 80411 Melissa P. Tanguay, Esquire ID No. 307155 2 West High Street Carlisle, PA 17013 (717) 249-0900 VE~IFICATI~N T verify that the statements inadc in the foxegoirtg .An.~wet with New 11~atter are true and correct. I understand that: false stsitements hercixt are made subject to the }penalties cif Pa.C.S.A. §4904, relating to uuswarn falsification to authorities. 0 ZG ~~ .. L7ate Rarncsh Patcl, General I'artncr Shrec Kxishua Hospitaiitp, LP y_ EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" jr?RAJ.CONSTRUCTION, LLC. 3070 BRISTOL PIKE BALD # 2, SUITE 203 BENSALEM, PA 19020 PH. & F~'. # 215-638-2275 Ramesh Patel Quality Inn Motel 1255 Harrisburg Pike Carlisle, PA ADVANCE AMT. $26960.00 due upon singning ESTIMATE DATE ESTIMATE 3/7/2010 Ramesh Patel Quality Inn Mot?I 1255 Harrisburg Pike Carlisle, PA JOE3 START DT. ~~ DESCRIPTIONS I QTY.. ~ COST ~ AMOUNT 1 STUCCO At Parapet walls. 1 $ 29,500.00 $ 29,500.00 STUCCO fnside of all four Towers. $ _ $ - 2Metal Roof on the ew towers and parapet walls. 1 $ 12,500.00 $ 12,500.00 ~ - 3 Repair of Structural damage for water teaks in balcony area. 1 $ 25,400.00 $ 25,400.00 (Water proofing, replace wood, Roofing seal, capping on water drains, $ _ Repair structural damages inside Gate A, front and back, Gate B $ _ front and back, Gate C waterproofing, replace wood etc.) g _ Repair damage 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 - - $ - Note: Advance payment, 40% of Job Contract amount duG uponing $ _ singning this contract & 30°% upon as needed for materials by $ _ authorize subcontractors or VRAJ CONSTRUCTION. LLC. $ _ Final payment due after complition of work. $ _ $ $ Total ~ ~ $ 67,400.00 // 1. .~ i.. _; ._... ~ ~.~~......_____ _ CUSTOMER SIGNATURE ~~ r EXHIBIT :~:~ Tai; ~~--.- E=0a VRAJ CONSTRUCTION, LLC. ---_ AND NOW, this ~ day of October, 2010, I, Sally Evans of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing ANSWER TO COMPLAINT TO OBTAIN 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: Paul W. Minnich, Esquire BARLEY SNYDER LLC 100 East Market Street P.O. Box 15012 York, PA 17405-7012 ~~ Sally 'vans FILEt *0fFICE OF THE PROTHONOTARY 2010 DEC - I PM 1: 31 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & No. 10 - 2900 MLD Term CONSTRUCTION, INC., Plaintiff V. SHREE KRISHNA HOSPITALITY, LP, Defendant REPLY TO NEW MATTER TO COMPLAINT TO OBTAIN JUDGMENT ON MECHANICS' LIEN CLAIM Atlas Drywall & Construction, Inc., by and through its undersigned counsel, files the following Reply to Defendant's New Matter to Plaintiff's Complaint to Obtain Judgment on Mechanics' Lien Claim: 12. Paragraph 12 requires no response. 13. Admitted on information and belief. 14. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 14; the same are thereore denied and strict proof thereof is hereby demanded, if relevant. 1 15. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 15; the same are therefore denied and strict proof thereof is hereby demanded, if relevant. 16. Admitted. 17. Admitted. 18. Admitted. 19. Denied as stated. The Work Order is a writing which speaks for itself. 20. Denied as stated. The Work Order is a writing which speaks for itself. 21. Denied as stated. The Work Order is a writing which speaks for itself. 22. Denied. The averments of paragraph 22 constitute conclusions of law to which no response is required. To the extent a response may be required, Defendant received the benefit of the labor and materials provided by Plaintiff and incorporated into the Quality Inn Hotel. 23. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 23; the same are therefore denied and strict proof thereof is hereby demanded, if relevant. 24. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 24; the same are therefore denied and strict proof thereof is hereby demanded, if relevant. 25. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 25; the same are therefore denied and strict proof thereof is hereby demanded, if relevant. 2 26. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 26; the same are therefore denied and strict proof thereof is hereby demanded, if relevant. 27. Denied. The averments of paragraph 27 constitute conclusions of law to which no response is required. 28. Denied. The averments of paragraph 28 constitute conclusions of law to which no response is required. Further, to the extent a response may be required, Defendant received the benefit of the labor and material provided by Plaintiff and incorporated into the Quality Inn Hotel. 29. Denied as stated. On several occasions Plaintiff was prevented from being on site due to conflicts with Defendant's hotel bookings. In addition, the scope of work set forth in the contract was expanded and additional time was required to complete the additional work. Further, from time to time Plaintiff was delayed due to Defendant's failure to respond to its inquiries. 30. Denied. Plaintiff incorporates by reference paragraph 30 above. 31. Denied. To the contrary, all contracted framing was completed. The metal supports were not Plaintiff's responsibility but rather were within the roofer's scope of work. Further, it is denied that Plaintiff left the wood framing exposed to the elements, and to the contrary, the responsibility to cover the work was within the scope of work of White Wolf and/or the roofer on the job. 32. Denied. It is specifically denied that any payment to VRAJ Construction, LLC, was necessitated by any act or failure to act on the part of Plaintiff. To the contrary, Plaintiff completed all work in a good and workmanlike manner. 33. Denied. To the contrary, Plaintiff completed all work in a good and workmanlike manner. 34. Denied. It is specifically denied that Defendant is entitled to a set-off, and to the contrary, it is averred that Plaintiff completed all work in a good and workmanlike manner. Further, it is denied that Defendant is entitled to a claim for attorney's fees and costs. WIIEREFORE, Plaintiff, Atlas Drywall & Construction, Inc., demands judgment against Defendant, Shree Krishna Hospitality, LP, in the sum of $13,616,67, plus interest as allowed by law, and costs of suit. 3058024 BARLEY SNYDER LL By: Paul W. Minnich 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff 4 VERIFICATION 1. Austin Duchaine, hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 1-b? 9 t A stin uchaine CERTIFICATE OF SERVICE I hereby verify that on this date a true and correct copy of the foregoing Reply is being served on counsel for Defendant by first class mail, addressed as follows: Jason P. Kutulakis, Esq. Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 BARLEY SNYDER L By: Paul W Minnich November jO , 2010 1 y 2311 J UL PH 2: G O PENNSYL PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLAS DRYWALL & CONSTRUCTION, INC., Plaintiff V. SHREE KRISHNA HOSPITALITY, LP, Defendant No. 10 - 2900 MLD Term PRAECIPE TO REMOVE -Sc?lki 4? evvd? TO THE PROTHONOTARY: Please mark the above-captioned Mechanics' Lien Claim discontinued. BARLEY SNYDER, LI 6A By: Paul'. M' ich Court I.D. 74453 100 East Market Street P.O. Box 15012 York, PA 17405-7012 (717) 846-8888 3284050 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe has been served this day of July, 2011, via first class mail, postage prepaid, upon: Jason P. Kutulakis, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 BARLEY SNYDER, LLC By: aul W. innich Court I.D. 74453 100 East Market Street P.O. Box 15012 York, PA 17405-7012 (717) 846-8888