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HomeMy WebLinkAbout10-2920Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Jill Neary Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: dpiermattei@rhoads-sinonxom jweikert@rhoads-sinon.com Attorneys for Claimant GANNETT FLEMING PROJECT DEVELOPMENT CORPORATION, Claimant V. SIDNEY BECKER, LEONARD BECKER, d/b/a LESTER ASSOCIATES Owner To: Sydney Becker, Leonard Becker, d/b/a Lester Associates 1216 Arch Street Philadelphia, PA 19107-2835 NOTICE OF FILING OF MECHANICS' LIEN CLAIM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MECHANICS' LIEN NO.?-al?p Sydney Becker, Leonard Becker, d/b/a Lester Associates 111 Presidential Boulevard Bala Cynwyd, PA 19004 You are notified that a Mechanics' Lien Claim in the amount of $81,437.67 has been filed on behalf of Gannett Fleming Project Development Corporation against the improvements and property located at 85-95 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania, and identified as Tax Parcel No. 10-20-1842-088A. This claim was filed on April 30, 2010, in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed as referenced above. A copy of this Claim is attached. RHOADS & SINO-NL, /LP By: 1 V an F. iermattei ill Neary Weikert One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant 775488.2 .rte r n rte- O10iiii?30 ;;4 Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Jill Neary Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: dpiermattei@rhoads-sinon.com j weikert@rho ads-sinon. corn Attorneys for Claimant GANNETT FLEMING PROJECT DEVELOPMENT CORPORATION, Claimant V. SIDNEY BECKER, LEONARD BECKER, d/b/a LESTER ASSOCIATES Owner GuFt" r d, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MECHANICS' LIEN NO.? qaO ULD MECHANICS' LIEN CLAIM Claimant, Gannett Fleming Project Development Corporation, through its undersigned counsel, Rhoads & Sinon LLP, files this Mechanics' Lien Claim, and in support, states the following: 1. Claimant, Gannett Fleming Project Development Corporation ("GFPDC"), is a Delaware corporation, having its headquarters office at 207 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. *1q.00 PQ Air/ Cry' 4 CA& 0 d41 4q (0 775488.2 2. The owners of the property subject to the lien are Sidney Becker, Leonard Becker, d/b/a Lester Associates, with a place of business at 1216 Arch Street, Philadelphia, Philadelphia County, Pennsylvania 19107-2835 and/or 111 Presidential Boulevard, Bala Cynwyd, Montgomery County, Pennsylvania 19004. 3. Claimant contracted with Green Energy Sustainable Agreements, Inc. ("GESA"), a Georgia corporation, with a business address of 1400 Market Place Boulevard, Suite 171, Cummings, Georgia, in or around March 13, 2009, to perform design build services as specified in work orders issued by GESA with respect to Owner's store. 4. This Claim is for the unpaid balance in the amount of $ 81,437.67 for the labor and materials associated with the work performed by GFPDC at an Amelia's Grocery, located on the Owner's property at 85-95 Gateway Drive, Mechanicsburg, Pennsylvania 17522, Tax Parcel I.D. 10-20-1842-088A. 5. The nature of the work performed by GFPDC was the design and engineering of energy efficient upgrades to refrigeration, HVAC, temperature control and monitoring and lighting fixtures of the Amelia's grocery. 6. The general nature and character of the labor, materials and equipment furnished by Claimant are identified in Exhibit "A" attached hereto and incorporated herein by reference. 7. Claimant continued to provide labor and materials for this claim made until March 2010. 2 775488.2 EXHIBIT `A' R , . .1 G Gannett Fleming ` Project Development Corp. 207 Senate Avenue Camp Hill, PA 17011 Telephone: (717) 763-7270 Facsimile: (717) 763-7322 GFPDC' Contact: Donald G. Morosky, P.E. ?rnr?r, D-i R,f-. IVii,-haal McC'loskv WORK ORDER No. 39-071 GFPDC Project No June 5, 2009 Date Issued: 51356 Completion Date: F RVICES PROVIDER ("SP"): Authorized Rep.: Cleo Weaver riangle Refrigeration, Inc. Title: President/CEO 3200 Oregon Pike Telephone: 717-656-2711 PO Box 487 Facsimile: 717-656-5714 L Leola, PA 17540 E-mail Address: cweaverc@trianglerefrigeration.com PROJECT NAME- ATTACHMENTS: MARA i&0 1 1) Scope of Work 9 600m OWNER: GESA PROJECT LOCATION: 99 Gateway Drive Mechanicsburg, PA ITEM No. DESCRIPTION QUANTITY PRICE UNIT AMOUNT SP's to furnish all labor, materials, tools and equipment necessary to provide those items described in the attached "Scope of Work-HVAC." Lump Sum based on non-prevailing wage rates I $ 103,634.00 Lump Sum $ 103,634.00 erformed in a safe manner and completed be k t All $ - p o wor I to the satisfaction of GFPCD. $ S - NOTICE TO SERVICES PROVIDER: 1) Except as modified herein, this Work Order is subject to the provisions, terms and conditions set SUBTOTAL $ 103,634.00 forth in the duly executed Master Services Agreement between the Parties hereto dated April 24. 2009 SALES TAX $ - 2) All invoices and correspondence must show the Work Order Number, GFPDC Project Number and Item Number. Send all originals to the attention of D. G. Morosky at above address SHIPPING TBD 3) Please sign and return both conies of this Work Order to the attention of D. G. Morosky at TOTAL PRICE $ 103,634.00 shove address. GFPD(' will return a fully executed copy of this Work Order for your rile. GANNETT FLEMING PROJECT DEVELOPMENT CORPORATION Donald G. Morosky, P.E. President FOR SEKV iuLb rKV V IUV K igerayon, Inc. , Signature of Authorized Representative 6140 e /t) l?U c°z dtt- Ti?? f l C/eAZ?7' Printed/Typed Name & Title May 14, 2000 REAL Services, Inc. 1005 E. King St Suite 100 York, PA 17402 (717) 354-8122 Attn: Eric Floffman Re: Amelia's Grocery Outlet at Gateway Shopping Center We propose to design and install an HVAC system for this project on a Design/Build basis, based on Triangle drawing #1802 using the following equipment and specifications: 1) Lennox LGA240H4 20 ton high efficiency packaged natural gas/electric rooftop unit 80% AFUE, I I EER, with 14" roof curb for flat roof, Humiditrol, MERV 7 filters, motorized outside air dampers, R4I Oa refrigerant, return air smoke detector, remote humidity sensor, GFCI service outlet (field wired), return air smoke detector, 460-3-60 (or equal) 1) Lennox LGA 120H4 10 ton high efficiency packaged natural gas/electric rooftop unit 80% AFUE, 11 EER, with 14" roof curb for flat roof, motorized outside air damper, R41 Oa refrigerant, return air smoke detector, GFIC (field wired), 460-3-60 (or equal) 1) GE Packaged Through Wall (PTAC) heat pump unit, 208/230-1-60 1) OGD A-1 Silver Standard motor controller for energy savings on the PTAC unit 2) Reznor natural gas unit heaters I ) Greenheck roof mounted exhaust fan with roof curb for flat roof, 115-1-60 The rooftop units will be located on the roof of the building, locations to be coordinated between Triangle and the structural engineer. Control of these units will be by programmable thermostats. The 20 ton RTU with flumiditrol that serves the main retail area will have an additional remote humidity sensor that will report to the Humiditrol panel to keep humidity levels below designated levels. This unit will be located on root, on the east side of the tenant space, above the Frozen Food cases. The 10 ton RTU will serve the front of the store and will be located on the roof above the Check Out lanes. 'Flee PTAC unit will condition the Lunch Room, located in an opening in the rear wall provided by the GC. Control of this unit will be by unit-mounted controls. We will install an OGD A-I Silver motor controller on the PTAC unit for energy savings. Page 2 The Unit Heaters will be located in the Stock Area, located to heat the exterior walls, with flues through the roof. Control of the unit heaters will he by heat-only thermostats, mounted on columns in the Stock Area. The exhaust fan will be located on the roof above the restrooms, ducted to ventilate both restrooms. Control of the fan will be by the electrician. Supply and return air ductwork will galvanized metal with external insulation and insulated flex runouts. Exhaust duct will be galvanized metal, not insulated. Supply registers will be ceiling mounted. Return air will be ducted through a combination of ceiling mounted grilles and low returns, location for the low returns are to be coordinated between Amelia's, the General Contractor, and Triangle. Ideal locations for low returns are at open refrigerated cases such as open dairy cases. (Note: some low returns may require a "false wall", to be provided by the GC.) The Office, Restrooms, and Vestibule will be conditioned by the rooftop unit that serves the front area of the store. The Vestibule will be tempered, only, and not be conditioned by any other systems. Note: The temperature in the Office and Restrooms will be determined by the thermostat that is in the main store area. Due to the exterior walls, the temperature in these rooms may differ from the main store. Gas piping will be run from the meter located at the rear of the building. The meter is to be provided and installed by the landlord. All gas piping on the exterior of the building will be painted yellow. Interior gas piping will not be painted. Total Price: $98,514.00 Acid: Lennox 10 year parts and labor warranty: Add: $5,120 Sincerely, Jeffrey Kay Fl VAC Sales Manager Triangle Heating and Air Conditioning 1 Gannett Fleming: I E Project Development Corp* CHANGE ORDER CONTRACTOR/VENDOR/CONSULT X DESIGN BUILDER:. X ARCHITECT/ ENGINEER: FIELD: OTHER: CONTRACTOR/VENDOR/CONSULTANT: CHANGE ORDER N .:01 Triangle Refrigeration, Inc. 3200 Oregon Pike WO NO.: 39-071 Leola, PA 17540 GFPDC JOB NO.: 51356 DESIGN-BUILDER: Gannett Fleming Project Development Corp. (GFPDC) DATE: June 18, 2009 207 Senate Avenue Camp Hill, PA 17011 PROJECT NAME: GESA THE PURCHASE/WORK ORDER IS MODIFIED AS FOLLOWS: Description of Changes Unit Quantity Price Estimated Amount SP to furnish all tools, equipment, materials and tabor including overhead and profit to remove and properly dispose of the three (3) existing roof top units. LUMP SUM LS 1 $3,290.00 $ 3,290.00 The original Purchase/Work Order Value . ... ................................... ............................................ $ 103,634.00 Net change by previously authorized Change Orders ................... ......................................................... $ The Purchasel Work Order Value prior to this Change Order................ .................... ............................. $ 103,634.00 .................................................... $ 3,290.00 Net change due this Change Order .............................................................. The revised Purchasel Work Order Value, including this Change Order, will be ........ .................. $ 106,924.00 DESIGN-BUILDER: Gannett Fleming Project Development Corp 207 Senate Avenue Camp Hill, PA 17011 CONTRACTOR/VENDOR/CONSULTANT: Triangle Refrigeration, Inc. 3200 Oregon Pike Leola, PA 17540 74 By: Dona[ d).G. Mooros E? President By: Date: Date: Triniylic Henthill and Air Condithming CHANGE ORDER A Division of Triangle Refrigeration Co. Brownstown, PA 17508 P.O. Box 340 23 School Lane , , (717) 656-2711 (800) 669-2711 01 TO PHONE DATE 717-763-7270 06/11/09 Gannett Fleming Project Development Corp. JOB NAM & LOCATION Amelia's Mechanicsburg - Gannett Fleming 207 Senate Avenue Camp Hill, PA 17011 Job #51356, Triangle Job #H147023 JOB NUMBER Gannett Fleming Job #51356 EXISTING CONTRACT NO. DATE OF EXISTING CONTRACT TRC Job #11147023 06/08/09 WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED BELOW: We propose to remove the (3) existing rooftop units from above the new Amelia's Grocery space in the Gateway Plaza, Mechanicsburg, PA. Includes removal and environmentally sound disposal of the old units and temporary caps for the remaining curbs. This proposal does not include removal of the existing line voltage wiring, gas piping, or any work not specified above. WE PROPOSE HEREBY TO MAKE THE CHANGE(S) SPECIFIED AT THIS PRICE $3,290.00 DATE PREVIOUS CONTRACT AMOUNT $103,634.00 AUTHORIZED SIGNATURE -CONTRACTOR REVISED CONTRACT TOTAL $106,924.00 ACCEPTED- THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER DATE OF ACCEPTANCE ARE SATISFACTORY AND ARE HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER SAME TERMS AND CONDITIONS AS SPECIFIED SIGNATURE IN ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED. OWNER Distribution: it MC`IW4 CONTRACTOR/VENDOR/CONSULT X i aIIIIC , *ftojeet DevCI6patent Corps DESIGN-BUILDER: X ARCHITECT/ ENGINEER: CHANGE ORDER FIELB: OTHER: CONTRACTOR/VENDOR/CONSULTANT: Triangle Refrigeration, Inc. 3200 Oregon Pike Leola, PA 17540 DESIGN-BUILDER: Gannett Fleming Project Development Corp. (GFPDC) 207 Senate Avenue Camp Hill, PA 17011 CHANGE ORDER .:02 WO NO.: 39-071 GFPDC JOB NO.: 51356 DATE: August 11, 2009 PROJECT NAME: GESA 4 THE PURCHASE/WORK ORDER IS MODIFIED AS FOLLOWS: Description of Granges 10 Unit quantity Price ' Estimated Amount_ Modify WO #39-071 to provide that the work is performed in accordance with the Pennsylvania LS 1 $19,154.02 $ 19,154.02 Prevailing Wage Act. Modify Change Order #1 for WO #39.071 to provide that the work is performed in accordance with the LS 1 $450.00 $ 450.00 Pennsylvania Prevailing Wage Act. The original Purchase/Work„Order Value ....... .....:..... :.............................. .. .. .......... $ 103,634.00 Net change by previously authorized Change Orders.... ... $ 3,290.00 The PurchaselWork Order Value prior to this Change Order ...... .................................... ............... $ 106,924.00 Net change due this Change Order . ... $ 19,604.02 The revised Purchase/Work Order Value, including this Change Order, wilt be .................................. $ 126,528.02 DESIGN-BUILDER: Gannett Fleming Project Development Corp. CONTRACTOR/VENDOR/CONSULTANT: Triangle Refrigeration, Inc. 207 Senate Avenue Camp Hill, PA 17011 By: Donald G. Morosky, P.E. President Date: 9- ` -C>3 Date: F?'-- Z SL'-d 7 ' r s• • GF Gannett Fleming 1"D Yrilkjeet Development Corp. 207 Senate Avenue Camp Hill, PA 17011 "Telephone: (717) 763-7270 Facsimile: (717) 763-7322 GFPDC Contact: Donald G. Morosky, P.E. (:FPr)C Prni Myr- Michael McCloskv WORK ORDER No. GFPDC Project No Date Issued: Completion Date: 39-070 51356 June 5, 2009 SERVICES PROVIDER ("SP"): Authorized Rep.: Cleo Weaver Triangle Refrigeration Co. Title: President/CEO 3200 Oregon Pike Telephone: 717-656-2711 PO Box 487 Facsimile: 717-656-5714 Leola, PA 17540 E-mail Address: cweavet-4" trianglerefriaeration.com PROJECT NAME: ATTACHMENTS: 0 1) Scope of Work OWNER: GESA PROJECT LOCATION: 99 Gateway Drive Mechanicsburg, PA ITEM No. DESCRIPTION QUANTITY PRICE UNIT AMOUNT SP's to furnish all labor, materials, tools and equipment necessary to provide those items described in the attached "Scope of Work-Refrigeration." Lump Sum (based on non-prevailing wage rates) 1 $95,698.00 Lump Sum $ 95,698.00 erformed in a safe manner and completed All work to be $ - p to the satisfaction of GFPCD. $ - $ - NOTICE TO SERVICES PROVIDER: 1) Except as modified herein, this Work Order is subject to the provisions, terms and conditions set SUBTOTAL $ 95,698.00 forth in the duly executed Master Services Agreement between the Parties hereto dated Anril 24, 2009- SALES TAX $ 2,198.70 2) All invoices and correspondence must show the Work Order Number, GFPDC Project Number and Item Number. Send all originals to the attention of D. G. Morosky at above address SHIPPING TBD 3) Please sign and return both conies of this Work Order to the attention of D. G. Niorosky at TOTAL PRICE $ 97,896.70 above address. GFPDC will return a fully executed copy of this Work Order for your rile. GANNETT FLEMING PROJECT DEVELOPMENT CORPORATION Donald G. NIorosky, P.E. President A]Tf ERVICES PROVIDER Ton Co. n•rtt e o f Authorized R?epf? sentative n Printed/Typed Nance & Title GANNETT FLI?MING PROJECT DEVELOPMENT CORPORATEON May 29, 2009 207 SENATE AVE Ll-CII02A CAMP HELL, PA. 170LL RE: 51356 - AMELIA'S MECHANICSBURG FINAL PRICING, STANDARD WAGES DANFOSS FACILITY MANAGEMENT SYSTEM 1 - DANFOSS system, including hardware, software and installation, to per-Form the Following functions: • Control the Refrigeration temperatures with a probe in each case and walk-in • Control the ReEriigeration compressors and condenser fans • Control all defrosts • Control Anti-Sweat Heaters for the Glass Doors • Remote monitoring capability (monitoring not included) • Wiring to customer provided computer monitor in the manager's office • Control the HVAC system • Installation, including control wiring PRICE INSTALLED, INCL USE TAX ............. $25,000.00 REFRIGERATION SYSTEM - REBUILT/RECONDITIONED The 460 Volt 3-Phase rack will have a reconditioned base with suction stop valves and controls as required. There will be (4) each Copeland Discus compressors to match the loads required, with (2) New compressors on the low temp and (2) refurbished compressors on the high temp. The rack is to be managed by the new DANFOSS Facility Management System. PRICE FOB TRC............ $24,360.00 * TEN YEAR COMP WARRANTY... $ 5,445.00 * NOTES: 1.The compressor warranty covers both the new and existing compressors. 2-Supplying the Refrigeration System is normally the responsibility of the retailer, however GESA is taking responsibility For this special purchase for this project. REMOTE CONDENSER UPGRADE Upgrade of standard motors to 4 - % EIP ECM motors PRICE FOB MFG, INCL USE 'PAX .............. $7,828.00 GANNETT F1,FMING PROJECT DFVELOPMF.NT CORPORATION May 29, 2009 20 SENATE AVE. 1.1 -C] L02A CAMP FI ILL, PA. 1701L RE: 51356 - AMELIA'S MECHANICSBURG EVAPORATOR COIL UPGRADE Dairy Cooler Evaporator Upgrade from Used to New evaporator, with ECM motors PRICE FOB MFG, INCI, USE TAX ............. $ 1,363.00 ECM CONVERSION OF STANDARD FAN MOTORS Conversion of 72 motors in the Refrigerated Display Cases to ECM motors PRICE INSTALLED.......... $ 5,418.00 * CURTRON NIGHT CURTAINS 18 - Model #NS-CLEAR curtains for 60' Dairy and 12' Produce cases PRICE INSTALLED.......... $ 1,422.00 * INSTALLATION SCOPE OF WORK 1. The indoor rack system will be placed in the mechanical room, refrigerant installed in the refrigeration system, and the system will be started up. (Display case piping, remote condenser piping, and walk-in piping is under the Amelia's contract.) 2. All power wiring and control wiring to the units, condenser, and the walk-ins is to be by others. TRC will make final connections on the control wiring. 3. Connection to the Refrigeration Rack Control System is included. One probe per circuit will be installed in the case line ups, and one each in the walk-in cooler/freezer. Monitoring or connection to a monitoring system is not included. 4. Interior lights for the walk-ins will be supplied and installed by others. 5. One year service warranty is incLuded. INSTALLATION TOTAL, INC_'L USE TAX ............. $24,862.00 (;ANNETT F1,FM[NG PROJECT DEVI:I,OPMENT CORPORATION May 29, 2009 207 SE;NA'['[; AVE 11--C1102A ("AMP HI[,[,, PA. 17011 RE: 51356 - AMELIA'S MECHANICSBURG SUMMARY DANFOSS FACE[,= MANAGEMENT SYSTEM ...................... $ 25,000.00 RECONDTTIONED REFRIGERATION SYSTEM ...................... $ 24,360.00 'PEN YEAR COMPRESSOR WARRANTIES .......................... $ 5,445.00 V REMOTE CONDENSER UPGRADE, INCI, USE TAX .................. $ 7,828.00 ? COOLER EVAPORATOR UPGRADE, INCL USE TAX ................. $ 1,363.00 ? ECM CONVERSION TOTAL .................................... $ 5,418.00 CURTRON NIGH`[' CURTAIN TOTAL ............................. $ 1,422.00 INSTALLATION INCL USE TAX ............................... $ 24,862.00 SUBTOTAL .............. $ 95,698.00 6% PA SALES TAX......... $ 2,198.70 TOTAL ................... $ 97,896.70 * Denotes items subject to sales tax. Estimated shipping and handling is $150.00, which is not included in the pricing. CONTRACTOR/VENDOR/CONSULTANT: Triangle Refrigeration, Inc. 3200 Oregon Pike Leola, PA 17540 CHANGE ORDER N .01 WO NO.: 39-070 GFPDC JOB NO.: 51356 DESIGN-BUILDER: Gannett Fleming Project Development Corp. (GFPDC) DATE: 207 Senate Avenue Camp Hill, PA 17011 THE PURCHASE/WORK ORDER IS MODIFIED AS FOLLOWS: August 11, 2009 PROJECT NAME: GESA ft 21' *, I -1 9? Description of Changes Unit Quantity Price Estimated Amount Modify WO #390-070 to provide that the work is performed in accordance with the Pennsylvania Prevailing Wage Act. LS 1 $4,795.00 $ 4,795.00 -11 The original PurchasellNoFk Order Value $ 47896.70 k e,;? 4 101 Net change by previously authorized Change Orders $ The Purc $ has??WorlE tlr?er Value nor to this Change Order . 97,896 70 Net change dire this Ehana?e C?rder ? ? ? $ 4,795 00 The revised Pui`chasc?liNar?C Order Value, including th # Change Ordei, will be $ 102,691 70 DESIGN-BUILDER: Gannett Fleming Project Development Corp 207 Senate Avenue Camp Hilt, PA 17011 By: Donald G. Morosky, P.E. President CONTRACTOR/VENDOR/CONSULTANT: Triangle Refrigeration, Inc. 3200 Oregon Pike Leola, PA Date: 9- I" C 9 Date: ?- z --? S A. PD, Work Order No. 39-07fRev. 3 GANNETT FLEMING PROJECT DEVELOPMENT CORP. (GFPDC) 207 Senate Avenue Camp Hill, PA 17011 Telephone: (717) 763-7270 Facsimile: (717) 763-7322 Project Manager: Donald G. Morosky Phone: 717-903-6069 Issue Date: Auqust 3 GFPDC Project No. 51356 Start Work Date: March 13, 2009 Completion Date: October 2009 SERVICES PROVIDER: Power Down Holdings, Inc. 2 Fifer Avenue Suite 120 Corte Madera, CA 94925 Authorized Rep: Title: Telephone: Facsimile: E-mail: Chick Bornheim President '415-987-3352 cbomheim@pdisys.com PROJECT NAME: MIMI LOCATION: 99 Gateway Drive Mechanicsburg, PA ATTACHMENTS: 1) Scope of Work ITEM NO. DESCRIPTION Services Provider (SP) to provide all labor, materials, tools and equipment necessary to provide those items described in the attached "Scope of Work" for Amella's Gateway Center, Mechanicsburg, PA Lump Sum (based on non- 1 prevailing wage rates) All work to be performed and completed to the satisfaction of GFPDC. 2 i Less amount previously billed on Invoice #2009-21 1) Except as modified herein, this Work Order is subject to the provisions, terms, and conditions set forth in the duly executed Master Services Agreement between the Parties hereto dated April 20.2009. 2) All invoices and correspondence must show the above GFPDC Work Order Number, Project Number, and Item Number. Send originals to the attention of D. G. Morosky at above address. 3) Please sign and return both copies of this Work Order to the attention of D. G. Morosky at above address. GFPDC will QUANTITY I UNIT PRICE I AMOUNT WORK ORDER $ 37,332.00 1 $ 37,332.00 $ -736.40 i $ -736.40 SUBTOTAL $ 36,595.60 SALES TAX $ Included SHIPPING & HANDLING $ Included TOTAL PRICE: $ 36,595.60 GANNETT FLEMING PROJECT DEVELOPMENT CORP : ACC F RVICES PROVIDER S . ? : E Donald G. Morosky, P.E. Si natur cer/Partner- - ---? President Printed Name & Title /? 1n t ? C 0 02; E m 4w v M W O N 0 C O HO N '? V = ()UJ O 00 Cti ?, 4?Q M c cc CY) 0) t y t? CL A H? T ? ELs oo mj1Via' a m>m rnT c Q? r? -v Q v ao m LO ® CL LLI O P- 00 m V co = (D c IM N o e 3 t? r v O O Z 3 4) 0 o 3 ° o a a '1 ? O1 O O N T r- 00 d • t ?N V } 40). } !04 r cd N W) to , M r• '' to 4 , p T' M to M 3* 40 40 wl, M c O p 60 K W Mil w Q J 3 ? !0 •1 ?3 w t fa c = d ? H °? m 3 v C a •C m e n c o ro E ? l0 ro a+ ? •^ 7 V .m. C ? ? y ? c ? ? •° '? c to ? CL 1w y ??ro a c m m? y 3 CA U) J Qw. dl A ? d CUN C cx W C N= 0 ca E- E d o !0 ro m o0 w .A c! V) Q y? 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OOWNIV 071 W " M 0 CA-40 CD H N0 O O-OMOO A V Q)CA CAN N C ° ' 0 - c ? Li T .. tll N V co j i j j M A-+A W A ACO OON A W -+0 CA co C>D0 n CO ACON-+V WCOW-V V O W O W NCD ODN CAOCA OOA O) 0 (O0NN CA N A007 W W C V 0 4 0000 4 VM0 CAN C -? CO mA A W i w w V N -+ W A 0 0 0 0 0 0 0 0 0 0 d 'O fll v 0 0 O 0-40000000000M Z 0--I C C C D C D W ? i N ? O 0 0 0 0 0 0 0 0 0 0 0 0 0 ccooooo000o ? N N?+? 0 o W 0000000000000 O ? _ O to i O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O G O C O 0 0 0 0 O1 O 0 0 0 0 0 0 0 0 0 0 0 0 O to i O p p p p O p p p O p p p 1 O 0 0 0 0 0 0 0 0 0 0 0 0 0 co 0 00 A I W ?O C 7 N -? V W A 0 0 0 0 0 0 0 0 0 0 0) 1 000 000000000 CO ,? V O V 0 0 0 0 0 0 0 0 0 0 O \\J v o? N W co W N cn wVOOOOOOOOOo 0 000000000000 0 0000000oooooa /V C En CD O COO A? Cn QG CD .r O N v.4 a v VERIFICATION Donald G. Morosky, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he is the President of Gannett Fleming Project Development Corporation, and that the facts set forth in the Mechanics Lien Claim are true and correct to the best of his knowledge, information and belief. Date: p o =DONALD G. MOROSKY, Presi ETT FLEMING PROJECT DEVE ENT CORP. e, r,- 7 KREISER & ASSOCIATES, P.C. BY: TRAVIS L. KREISER, ESQUIRE - ATTORNEY I.D. NO. 74807 a `' 1300 LAWRENCE ROAD { HAVERTOWN, PA 19083 (610) 734-2250 ATTORNEY F( SIDNEY BECK d/b/a LESTER Y GANNETT FLEMING PROJECT COURT :DEVELOPMENT CORPORATION, CUMBE Plaintiff. CIVIL A V. NO. 10 SIDNEY BECKER, LEONARD BECKER d/b/a LESTER ASSOCIATES Defendants. RESPONDENT , LEONARD BECKER 'OCIATES COMMON PLEAS kND COUNTY, PA - LAW MLP DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S MECHANICS LIEN Defendants Sidney Becker, Leonard Becker d/b/a Lester Associates ("Defendant" or ]Becker"), by and through their undersigned counsel and pursuant to the Pennsylvania Rules of civil Procedure and the Pennsylvania Mechanics' Lien Law, 49 P. S. §11201, et seq., hereby file these Preliminarily Objections to the Mechanics' Lien Claim filed by ]Project Development Corporation ("Plaintiff' or "GFPDC") in the a PROCEDURAL BACKGROUND 1. Sidney Becker, Leonard Becker and/or Lester Owners of certain real property located in Cumberland County, Penns 2. GFPDC filed a Mechanics Lien Claim in the May 10, 2010 (the "Lien") Gannett Fleming action. are alleged to be (the "Property"). action on or about 3. A true and complete copy of the Lien is attached hereto as Exhibit "A", without admitting any of the allegations contained therein. V h FACTUAL BACKGROUND 4. On or about April 6, 2009, Amelia's, Inc. ("Amelia's") Contract with Green Energy Sustainable Agreements, Inc. ("GESA"), agreed to provide certain labor, material and equipment to Amelia's at into a written to which GESA grocery store it operated on a part of the Property. 5. A true, correct, complete and authentic copy of the Contract between GESA and Amelia's is attached hereto as Exhibit "B" and incorporated herein by reference. 6. Sidney Becker does not own Amelia's or any interest in Amelia's. 7. Leonard Becker does not own Amelia's or any interest in Amelia's. 8. Lester Associates does not own Amelia's or any interest in Amelia's. 9. Amelia's does not own the Property. 10. Amelia's occupies part of the Property pursuant to a lease. 11. GFPDC allegedly performed work at the Property pursuant to a subcontract between GFPDC and GESA. See Exhibit "A", ¶ 3. 12. GFPDC alleges to have provided design and engineering services to GESA for the "Amelia's Grocery" store located at the Property, which is operated b Amelia's, not Becker. 13. No contract exits between Amelia's and GFPDC relati g in any way to the Property. 14. No contract exists between Becker and GFPDC relatin in any way to the Property. 2 V n FIRST PRELIMINARY OBJECTION 15. Becker incorporates by reference all prior paragraphs o these Preliminary Objections as if the same were set forth herein at length. 16. Sections 1201 and 1301 of Pennsylvania's Mechanics Mien Law and the case law decided thereunder define what activities and what labor, material and equipment might form the basis for a valid Mechanics' Lien Claim. 17. To the extent GFPDC has identified the work forming t such work, as a matter of law, does not provide a valid or proper basis Mechanics Lien Claim. 18. Design and engineering services of the type allegedly GFPDC to file any lien on the Property. 19. Pursuant to the terms of the Contract between GESA :material or equipment supplied by GFPDC, as a matter of law, cannot lien. WHEREFORE, Sidney Becker, Leonard Becker and Lester request that this Honorable Court enter an Order in the form attached l :foregoing Preliminary Objections and Striking the Mechanics' Lien fi. ]Project Development Corporation with prejudice. SECOND PRELIMINARY OBJECTION FAILURE TO SPECIFICALLY IDENTIFY V 20. Becker incorporates by reference all prior paragraphs Objections as if the same were set forth herein at length. basis of its alleged lien, the filing of any do not entitle Amelia's, any labor, the basis of any valid ;fates respectfully -to, sustaining the by Gannett Fleming these Preliminary 3 k n 21. Section 1503(6) of the Act mandates that a lien filed by a subcontractor must include a detailed statement of the kind and character of the labor and materials furnished as well as specification of the prices charged for each such item of work. 22. GFPDC, if it was anything, was a "subcontractor" as GFPDC was hired by GESA, not Becker or Amelia's. 23. The Lien does not include a detailed statement of the labor and materials furnished. 24. The Lien does not include a specification of the prices by the Act because and character of the for each such item of work allegedly performed by GFPDC. 25. GFPDC made no attempt to identify what work formed the basis of the Lien, or the prices or costs of any such work. 26. The Lien fails to conform to the Act and should be because the Lien fails to include a specific identification of the work a because the Lien does not identify the prices charged for any such wor WHEREFORE, Sidney Becker, Leonard Becker and Lester As request that this Honorable Court enter an Order in the form attached :foregoing Preliminary Objections and Striking the Mechanics' Lien f Project Development Corporation with prejudice. THIRD PRELIMINARY OBJECTION FAILURE TO IDENTIFY LAST DAY OF V 27 with prejudice ;dly performed and ;fates respectfully ,to, sustaining the by Gannett Fleming Becker incorporates by reference all prior paragraphs of these Preliminary Objections as if the same were set forth herein at length. 4 28. Section 1503(3) of the Act mandates that a. lien must completion" of the Claimant's work. 29. Section 1503(3) is obviously designed to allow the Lien was timely filed. 30. The Lien does not allege a specific completion date evaluate whether the Lien is timely. 31. The Lien fails to conform to the Act and should be stri allege a specific completion date. WHEREFORE; Sidney Becker, Leonard Becker and Lester request that this Honorable Court enter an Order in the form attached 1 foregoing Preliminary Objections and Striking the Mechanics' Lien fil Project Development Corporation with prejudice. FOURTH PRELIMINARY OBJECTION FAILURE TO IDENTIFY FORMAL NOT] "the date of to evaluate whether the as a result, Becker cannot because it fails to ciates respectfully eto, sustaining the by Gannett Fleming 32. Becker incorporates by reference all prior paragraphs of these Preliminary Objections as if the same were set forth herein at length. 33. Section 1503(4) of the Act mandates that a. lien must id ntify the date on which the formal notice of intention to file a Lien claim was served by the Claimant. 34. The requirements for "Formal Notice" are set forth in Section 1501 of the Act. 35. The Lien does not include any allegations regarding the provision of Formal Notice to Becker. 36. The Lien fails to conform to the Act and should be allege the date on which the required "Formal Notice" was 5 because it fails to provided. V WHEREFORE, Sidney Becker, Leonard Becker and Lester As ociates respectfully request that this Honorable Court enter an Order in the form attached ereto, sustaining the foregoing Preliminary Objections and Striking the Mechanics' Lien filed by Gannett Fleming Project Development Corporation with prejudice. FIFTH PRELIMINARY OBJECTION T'i A TT T TD L' 'T!1 1f"U U'TTT. V i ` UD"rN 9 Q C T' A ' TC 37. Becker incorporates by reference all prior paragraphs o these Preliminary Objections as if the same were set forth herein at length. 38. Section 1503(1) of the Act mandates that a lien must al iege whether the Claimant files as a contractor or subcontractor. 39. The Lien does not allege whether GFPDC claims to be 4 "contractor" or a "subcontractor." 40. The Lien fails to conform to the Act and should be stricken because it fails to allege whether GFPDC supposedly functioned as a "contractor" or "subcontractor" on the Proj ect. WHEREFORE, Sidney Becker, Leonard Becker and Lester Associates respectfully request that this Honorable Court enter an Order in the form attached hereto, sustaining the foregoing Preliminary Objections and Striking the Mechanics' Lien fil d by Gannett Fleming Project Development Corporation with prejudice. SIXTH PRELIMINARY OBJECTION - LIEN PRECLUDED BY THE ACT 41. Becker incorporates by reference all prior paragraphs o these Preliminary Objections as if the same were set forth herein at length. 6 4 4 42. Section 1303 of the Act identifies several types of si allowed to file a Lien. 43. 44. 45. 46. the Contract. , where a party is not Exhibit "B" is incorporated herein by reference. Amelia's not Becker contracted with GESA. GESA's work was for the immediate use and benefit o Amelia's, not Becker. Amelia's, not Becker, was obligated to pay GESA for any work performed under 47. Any work allegedly performed by GFPDC in connection with the property was performed pursuant to an alleged Contract between GESA and GFPD . 48. Any work allegedly performed by GFPDC in connection with the Property constitutes a "subset" of the work required under the Contract betweeii GESA and Amelia's. 49. Any work performed and any labor, material or equip ent supplied by GFPDC in connection with the Property was performed subject to the terms and conditions of the Contract between GESA and Amelia's. WHEREFORE, Sidney Becker, Leonard Becker and Lester A request that this Honorable Court enter an Order in the form attached foregoing Preliminary Objections and Striking the Mechanics' Lien f Project Development Corporation with prejudice. 50. Becker incorporates by reference all prior paragraphs o Objections as if the same were set forth herein at length. ;iates respectfully ;to, sustaining the by Gannett Fleming ,hese Preliminary 7 k 51. Section 1502 of the Act mandate certain service and fil ng requirements related to Mechanic's Lien Claims, including a requirement that the Lien be se ed within 1 month of filing and that an Affidavit of Service be filed within twenty (20) days of service. 52. Section 1502(c) mandates the method of service, which requires service by the County Sheriff. 53. The Lien should be stricken for failure to comply with he service requirements under Section 1502(c). 54. Section 1502(a) states that: "failure to serve such notic or to file the affidavit or acceptance of service within the times specified shall be sufficient gro nd for striking off the claim." 55. GFPDC has not filed or arranged for the filing of any Affidavit of Service for the Lien in the above-captioned action. 56. The Lien should be stricken pursuant to Section 1502 of the Act for lack of proper service and failure to file the required affidavit of service. WHEREFORE, Sidney Becker, Leonard Becker and Lester A sociates respectfully request that this Honorable Court enter an Order in the form attached ereto, sustaining the foregoing Preliminary Objections and Striking the Mechanics' Lien fi ed by Gannett Fleming Project Development Corporation with prejudice. KREISER & ASSOCIATES, P.C. Dated: October 29, 2010 T K ISER, ESQUIRE -ATfORNEYS FOR DEFENDANT SIDNEY BECK R, LEONARDBECKER d//b/a LESTER ASSOCIATES 8 V a VERIFICATION I, Travis L. Kreiser, 17squire, subject to the penalties of 18 Pa. relating to unsworn falsification to authorities, aver that I represent thf Mechanics' Lien Respondents in this action; that I am authorized to m behalf of said Respondents; that I am unable to procure the signature the time period the foregoing Lien must be filed with the Court; that a Respondents received via fax is attached hereto; that the information c pleading, which is not within my personal knowledge, was obtained ft behalf of the Respondents; and that the information contained in the fc and correct to the best of my, knowledge, information and belief. .ons. Stat. Ann. ' 4904 above-referenced eke this Verification on f said Respondents within ierification signed by the ?ntained in the foregoing ?m an investigation on -egoing pleading is true SER, ESQUIRE Dated: November 1, 2010 4 KREISER & ASSOCIATES,, P.C. BY: TRAVIS L. KREISER, ESQUIRE ATTORNEY I.D. NO. 74807 1300 LAWRENCE ROAD HAVERTOWN, PA 19083 (610) 734-2250 ATTORNEY FO] SIDNEY BECKF d/b/a LESTER X GANNETT FLEMING PROJECT COURT ( DEVELOPMENT CORPORATION, CUMBER Plaintiff. CIVIL A( V. NO. 10-2? SIDNEY BECKER, LEONARD BECKER d/b/a LESTER ASSOCIATES Defendants. CERTIFICATE OF SERVICE I, TRAVIS L. KREISER, ESQUIRE, do hereby certify that a ti foregoing Defendants' Preliminary Objections to Plaintiff's RESPONDENT , LEONARD BECKER ;OCIATES 1F COMMON PLEAS LAND COUNTY, PA TION - LAW 20 MLP and correct copy of the Lien Claim has been served by regular first class :mail postage prepaid, on November 1, 2011 0 as follows: Jill Neary Wiekert, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 KREISER & ASSOCLIATES, P.C. T L. K ISER, ESQUIRE T ORNEYS FOR DEFENDANT SIDNEY BEC R, LEONARDBECKER d//b/a LESTER ASSOCIATES Exhibit A v Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Jill Neary Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717)232-1459 E-Mail: dpiermattei@rhoads-sinon.com jweikert@rhoads-sinon.com Attorneys for Claimant GANNETT FLEMING PROJECT DEVELOPMENT CORPORATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Claimant v. CIVIL ACTION - LA SIDNEY BECKER, LEONARD BECKER, d/b/a LESTER ASSOCIATES MECHANICS' LIEN 0. 10-Ago ?ALQ Owner NOTICE OF FILING OF MECHANICS' LIEN LAIM To: Sydney Becker, Leonard Becker, Sydney Becker, Leonard Becker, d/b/a Lester Associates d/b/a Lester Associates 1216 Arch Street 111 Presidential Boulevard Philadelphia, PA 19107-2835 Bala Cynwyd, PA 19004 You are notified that a Mechanics' Lien Claim in the amount of $81,437.67 has been filed on behalf of Gannett Fleming Project Development Corporation against the improvements and property located at 85-95 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania, and identified as Tax Parcel No. 10-20-1842-088A. Thi claim was filed on April 30, 2010, in the Court of Common Pleas of Cumberland County, P nnsylvania, docketed as referenced above. A copy of this Claim is attached. RHOADS & SINON LLP By: ?.__Irvh TRUE C_VO F R.OM RECORD In T0s11mor y j4her f, 4 here unto sot my hand end the seal.o;#caii Pa. at Carlisle, 775488.2 ???O+tC?.(C.S??, Prothoaot?Y Ut D, an F. Piermattei Fill Neary Weikert One South Market quare P. O. Box 1146 Harrisburg, PA 17198-1146 (717) 233-5731 Attorneys for Clcaint lnt r?.?7 "saw y R T^-T r? Q7 71 -T1 1-0 ?? ITI l t Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Jill Neary Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SNON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: dpiermattei@rhoads-sinon.com j weikert@rhoads-sinon.corn Attorneys for Claimant GANNETT FLEMING PROJECT DEVELOPMENT CORPORATION, Claimant V. SIDNEY BECKER, LEONARD BECKER, dlb/a LESTER ASSOCIATES Owner : IN THE COURT OF : CUMBERLAND CC CIVIL ACTION - LA MECHANICS' LIEN MECHANICS' LIEN CLAIM Claimant, Gannett Fleming Project Development Corporation, counsel, Rhoads & Sinon LLP, files this Mechanics' Lien Claim, ar following: 1. Claimant, Gannett Fleming Project Development Corpc Delaware corporation, having its headquarters office at 207 Senat Cumberland County, Pennsylvania. c? ° v 4&j jz- ,ION PLEAS , PENNSYLVANIA through its undersigned d in support, states the ;ion ("GFPDC"), is a Avenue, Camp Hill, C C? ? rr y i T7 t,-) 775483.2 c f 2. The owners of the property subject to the lien are Sidney Becker, Leonard Becker, d/b/a Lester Associates, with a place of business at 1216 Arch Street Philadelphia, Philadelphia County, Pennsylvania 19107-2835 and/or III Presidential B ulevard, Bala Cynwyd, Montgomery County, Pennsylvania 19004. 3. Claimant contracted with Green Energy Sustainable Agreements, Inc. ("GESA" ), a Georgia corporation, with a business address of 1400 Market Place Boulevard, Suite 171, Cummings, Georgia, in or around March 13, 2009, to perform design build services as specified in work orders issued by GESA with respect to Owner's store. 4. This Claim is for the unpaid balance in the amount of $ 81,437.67 for the labor and materials associated with the work performed by GFPDC at an Am lia's Grocery, located on the Owner's property at 85-95 Gateway Drive, Mechanicsburg, Pennsy vania 17522, Tax Parcel I.D. 10-20-1842-088A. 5. The nature of the work performed by GFPDC was the energy efficient upgrades to refrigeration, HVAC, temperature cor lighting fixtures of the Amelia's grocery. 6. The general nature and character of the labor, materials by Claimant are identified in Exhibit "A" attached hereto and incorpora 7. Claimant continued to provide labor and materials fc March 2010. gn and engineering of and monitoring and tnd equipment furnished :d herein by reference. this claim made until 775488.2 2 a w 8. Pursuant to Section 1501(b.1) of the Mechanics' Lien 1. of GFPDC's intent to file a mechanics' lien claim was given to the own of 1963, formal notice on March 31, 2010. Respectfully subm :d, RHOADS & SING LLP By: e F. Piermattei, Esquire Ji Neary Weikert One South Market Square P. 0. Box 1146 Harrisburg, PA 17108-11.46 (717) 233-5731 Attorneys for Claimant 1 775438.2 3 r - GF` Gannett Fleming, WORK O ER No. 39-071 Project Development Corp. 207 Senate Avenue GFPDC Pr j ect No. 51356 Camp Hill, PA 17011 Telephone: (717) 763-7270 Dar Issued: June 5, 2009 Facsimile: (717) 763-7322 GFPDC' Contact: Donald G. Nlorosky, F.E. Completi n Date: GI-PDC Proj. Nlgr: 1\,lichael tMcClosky SERVICES PROVIDER ("SP"): Authorized Rep.: Cleo eaver Triangle Refrigeration, Inc. Title: Presid nt/CEO 3100 Oregon Pike Telephone: 717-656 _ -2711 PO Box 437 Facsimile: 717-65 -5714 Leola, PA 17540 E-mail Address: cweav n'StrianalPrefrinaratirv, rnm PRt)JECT AIM E.- ATTACHMENTS: tr?e ziec arcs- r1> 1) Scope of Work OWNER: G ESA PROJECTLOCATION: 9'9 Gateway Drive Nfec:haniesbura, PA ITEM No. DESCRIPTION QUANTITY PRIC E UNIT AMOUNT SP's to furnish all labor, materials, tools and equipment necessary to provide those items described in the attached "Scope of Work-FIVAC." Lum Sumo (based on non-prevailing wage rates) 1 S 103,634 00 Lum Sum $ 103,634.00 All work to be performed in a safe manner and completed $ _ to the satisfaction ofGFPCD. $, NOTICE TO SERVICES PROVIDER: t) Except as modified herein, this work Order is subject to the provisions, terms and conditions set SUBTOTAL S 103,634.00 forth in the duly executed Master Services Agreement between the Parties hereto dated Anrii 24.. 2009. SALES TAX S - 2) All invoices and correspondence must show the Work Order Number, GFPDC Project Number and Item Number. Send at[ originals to the attention of D. G.:.Morosky at above address SHIPPING TBD 3) Pleg1c ?i n artd return hrlth conies of this Work Order to the attention of D. G. VEorosky at. above address. GFPDC will return a fuliv executed copy of this work Order for your file. T TA L PRICE 103,63 t.00 UA`11i I I FLE:VII? U ACC E FOR SERVI ES PROVIDER PROJECT DEVELOP.N- TENT CORPORATION Tr' ngle efrigera ion, Inc Donald G.1Nlorosky, P_E. Signature of Authorized Represen ative - President Printed/Typed ;Name & Title E, - 4 'annett Fle ng P oect I etc+ to went Corp.,' . CHANGE ORDER, D stribution: C NTRACTOR/VENDOR/CONSULT X D 51GN=8U"DER• X A CH7ECT/ENGINEER: FI l D CONTRACTOR/VENDOR/CONSULTANT: CHANGE ORDER Triangle Refrigeration, Inc. 3200 Oregon Pike WO NO.: Leola, PA 17540 GFPDC JOB NO.: 5 DESIGN-BUILDER: Gannett Fleming Project Development Corp. (GFPDC) DATE: J 207 Senate Avenue Camp Hill, PA 17011 PROJECT NAME: G THE PURCHASE/WORK ORDER IS MODIFIED AS FOLLOWS: 1812009 Description of Changes Unit Quantity rice Estimated Amount SP to furnish all toots, equipment, materials and labor including overhead and profit to remove and properly dispose of the three (3) existing roof top units. LUMP SUM LS 1 $3, 90.00 $ 3,290,00 L_Lj The original Purchase1Work Order Value.................................................................................................. $ 103,634.00 Net change by previously authorized Change Orders ................................................................ $ The Purcho'sel0O4 Carder VaCue prior to this Change Order ...............:.............................................:. $ 103,634.00 Net change due this C:haho Order............... ................................... .................... ........ ... $ 3,290.00 The revised Purchase Work Order.Vo(ue, including this Change Order; will be ....... ...... $ 106,924.00 DESIGN-BUILDER: CONTRACTOR/VENDOR/CONS LTANT: Gannett Fleming Project Development Corp. Triangle Refrigeration, Inc. 207 Senate Avenue 3200 Oregon Pike Camp HiU!, PA 17011 Leola,' PA 17540 q By: 'V r ' .+ B DonatdllG.M2os .P:..E. President Date: Date: s Tili anglc Real ill 'allof Air Condlik)IIIII i CHANCE ORDER A Division of Triangle Refrigeration Co. 23 School Lane, P.O. Box 340, Brownstown, PA 17508 (717} 656-2711 (8(30)669-2711. 01 TO Gannett Fleming Project Development Corp. 207 Senate Avenue Camp Hill, PFD 17011 PHONE DATE 717-763-7270 06/11/09 JOB NAME- 3 LOCATION Amelia's Hechani sburg - Gannett Fleming Job #51356, Trialgle Job OH147023 J08 NUMBER Gannett Fleming ?ob #51356 EXISTING CONTRACT NO, DATE OF EXISTING CONTRACT TRC Job #H147023 06108109 WE HERESYAGREE TO MAKE THE CHANGE(S) SPECIFIED BELOW: We propose to remove the (3) existing rooftop units from above t e new Amelia's Grocery space in the Gateway Plaza, Mechanicsburg, PA. Includes removal and environmentally sound disposal of the old units and temporary caps for the remaining curbs. a•n_ts proposal woes nQL 111QLUUU LeluUVdL Ul L,1LC CXi5 ?t11 j L.Lne VUl LdUe W1L1R9, gas PIPIng, QL- any wort not specified above. 1 WE PROPOSE HEREBY TO MAKE THE CHANGE(S) SPECIFIED AT THIS PRICE $3,290.00 _ DATE PREVIOUS CONTRACT AMOUNT $103,634.00 AUTHORIZED SIGNATURE - CONTRACTOR REVISED CONTRACT TOTAL $106,924-0-0 __ ___- ACCEPTEb THE'ABOVE PRICES AND SPECIFICATIONS OFTHIS CHANGE ORDER DATE OF ACCEPTANCE ARE SATISFACTORY AND ARE HEREBY ACCEPTED. ALL WORK TO 8E PERFORMED UNDER SAME TERMS AND CONDITIONS AS SPECIFIED SIGNATURE IN ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED, OWNER ?F \ tt ' Ql /Tt3?tlap .. r a l } t 1 Sr t r 1 i `f s e i 'r ?,k?+tr ` }1t F 'rT ? , r t t C K RACTdRl -ENDORICONSU& f, { r , . rt. \ s Deve i -- S r 5 r Btl ER ', t p IGN- t D i M AA* ?/f+u-F? ?1f-' t!t ' l"?i't G4..L?r`Il1INEER. 'j \t ? jt.a D K y z ° 4 F L IE ?ry tf. l c1 ? fsl: is is : 2 I} CONTRACTOR/VENDOR/CONSULTANT: CHANGE ORDER ' N O 02 Triangle Refrigeration, Inc. 3200 Oregon Pike WO NO.: 39-0 71. Leoia, PA 17540 GFPDC JOB NO.: 5135 DESIGN-BUILDER: Gannett Fleming Project Devetopm!ent Corp. (GFPDC) DATE: Augu t 11, 2009 207 Senate Avenue Camp Hill, PA 17011 PROJECT NAME: GESA ?me?l s ?l?fe?c6an ,, THE PURCHASE/WORK ORDER IS MODIFIED AS FOLLOWS: f Description of Changes - Unit ` Quarttity P Ice' ., .. Modify WO #39-071 to provide that the work is mated Arridunt" performed in accordance with the Pennsylvania LS 1 $19, ? 54.02 J $ 19,154.02 Prevailing Wage Act. { Modify Change {order #1 for WO #39.071 to provide that the work is performed in accordance with the LS 1 $45 .00 $ 450.00 Pennsylvania Prevailing Wage Act. Thy ong nat Purchase%nWork Order Vofue $ 103 634 00 l Y NPt change by previously authonze4 t hange O d rers t , ?. " $ -3 290 00 ,,- ' n i s a i. vi, p The Purchase/fork E3rder Yattle rpnof to this EFiange Order''i , . , . , 106 424 Oils Net ?`hange due #his Change Order` ? ,??; `fi ? ?t ; ? ° ±.. .. 2 \ 1 3 7 . ?. \ .. '1 )' 4 17 C L ? ? X14 Ozt r Yf 9,b ?? ? ? 4} i N , t . k .itr SC The revised Purchase/Wor1c Oro?er YQ(ue mctudin this Cha Orde w fi r ? A? , g nge r, tq e $. ; 426 ,528 02 ;.;. DESIGN-BUILDER: CONTRACTOR/VENDOR/CONSU LTANT: Gannett Fleming Project Development Corp. Triangle Refrigeration, Inc. 207 Senate Avenue 3200 Oregon Pike Camp Hitt, PA 17011 Leota, P 175 By: B - - - -- -- Donald G: Morosky, P.E. President Date: ` _03 Date: (- 2 CL- -0 GF' Gannett Fleming Protect Development Corp. 207 Senate Avenue Camp Mill, PA 17011 Telephone: (717) 763-7270 Facsimile: (717) 763-7322 GFPDC Contact: Donald G. Morosky, P.E. GFPDC Proj.:Yfgr: Michael McClosky WORK ORDiR' No. 39-070 GFPDC Pro ect No. 51356 Date (Issued: June 5. 2009 Completio?i Date: ERVICES PROVIDER ("SP"): Triangle Refrigeration Co. 3200 Oregon Pike PO Box 487 Leola. PA 17540 Authorized Rep.: Cleo Weaver Title: Presid nt1CEO Telephone: 717-646-2711 Facsimile: 717-6516-5714 E-mail Address: cweav rantriar PROJECT NAME: ATTACHIIIENTS: ?tefrIfiantes .. 1) Scope of Work OVti'NER: GEESA PROJECT LOCATION: 99 Gateway Drive Mechanicsburg, PA IT9DESCRIPTION QUANTITY PRICE UNIT AMOUNT SP's to furnish all labor, materials, tools and equipment necessary to provide those items described in the attached "Scope of Work-Refrigeration." Lump Sum (based on non- revailing wage rates) 1 $95,698 00 Lump Sum $ 95,698.00 All work to be performed in a safe manner and completed P? to the satisfaction of GFPCD. $ _ d $ N07.1CE TO SERVICES PROVIDER: 1) Except as modified herein, this Work Order is subject to the provisions, terms and conditions set forth in the duly executed Master Services Agreement between the Parties hereto dated April 24, SUBTOTAL $ 95,698.00 2009 2) All invoices and correspondence must shoiv the Work Order Number, GFPDC Project Number SALES TAX $ 2,198.70 and ltem.Number. Send all originals to the attention of D. G Morosky at above address SHIPPING TBD 3) Mca e sigri and return both conies of this work Order to the attention of D. G. Morosky at above ,address. GF-PDCwill return a fully executed copy of this work Order for your rile. T TAL PRICE $ 97,$96.70 GANNETT FLE:VIING PROJECT DEVELOP' IENT CORPORATION ACCEPM FOR SERVICES PROVIDER Trian1gle ? frigeration C Donald G. M1'lorosky, P .E. "pat e of Authorized Repr, nwive" President Printed/'l'pped Name & Title { v C;ANNETT F1,,t?cM1t',JG PROJECT DEVELOPMENT CORPORATION May 29, 2009 207 SENATE A E L1-CL102A CAMP HELL, PA. 1701 L RE 51356 - AMELIA'S MECHANICSBURG FINAL FRTCING, STANDARD WAGES DANFOSS FACILITY MANAGEMENT SYSTEM 1 - DAINTFOSS system, including hardware, software an installation, to perform the following functions: • Control the Refrigeration temperatures with a p obe in each case and walk-in • Control the Refrigeration compressors and condenser fans • Control all defrosts • Control Anti-Sweat Heaters for the Glass Doors • Remote monitoring capability (Monitoring not inc uded) • Airing to customer provided computer monitor in he manager's office + Control the HVAC system • Installation, including control wiring PRICE INSTALLED, INCL USE TAX........ $25,000.00 REFRIGERA'T'ION SYSTEM -• REBUILWRECONDITIONED The 460 Volt 3-Phase rack will have a reconditioned ba e with suction stop valves and controls as required. There will be (4) each Copeland Discus compressors to match the loads required, with (2) New compressors on the low temp and (2) refurbished compres ors on the high temp. The rack is to be managed by the new DANFOSS Facility Management System. PRICE FOB TRC......... ... $24,360.00 * TEN YEAR COMP WARRANTY... $ 5,445.00 NOTES: I.`Fhe compressor warranty covers both the new an existing compressors. 2.aupplying the Refrigeration System is normally the responsibility of the retailer, however GESA is aking responsibility for this special. purchase for thi, project. REMOTE CONDIENSER UPGRADE -- Upgr.°ade of 5standard motors to 'h EP ECM motors PRICE FOES MFG, INCL USE TAX .............. $7,828.00 GANNETT FLEMING PROJFCT DE`(EL0PMFN`P CORPORAT.IoN 70' SENATE AVE (.'.; ?[P EIE(J,, PA. UIOI L RE: 51356 - AMELIA'S MECHA.NICSBURG EVAPORATOR COIL UPGRADE Dairy Cooler Evaporator Upgrade from Used to New motors PP,ICE FOB MFG, INCI, USE TAX ....... ECM CONVERSION OF STANDARD FAN MOTORS May 29, 2009 1.1 4-1.102A rator, with ECM ... $ 1,363.00 Conversion of 72 motors in the Refrigerated Display C, motors PRICE INSTALLED...... CURTRON NIGHT CURTAINS 18 - Model #NS-CLEAR curtains for 60' Dairy and 12' P: PRICE INSTALLED...... :INSTALLATION SCOPE OF WORK to ECM .... $ 5,418.00 * ctuce cases $ 1,422.00 1. The indoor rack system will be placed in the mecha ical room, refrigerant installed in the refrigeration system, and the system will be started up, (Display case piping, remote c.ndenser piping, and walk-in piping is under the Amelia's c ntract.) 2. All power wiring and control wiring to the units, ondenser, and the walk-ins is to be by others. TRC will make fin Z connections on the control wiring. 3. Connection to the Refrigeration Rack Control Syste is included. one probe per circuit will be installed in the case line ups, and one each in the walk-in cooler/freezer. Monitoring r connection` to a monitoring system is not included. 4. Enter.i_or lights for the walk-ins will be supplied a d installed by others 5. One yewar service warranty is i.rncLuded. INSTALLATION TOTAL, INcL USE `rAX .. $24,862.00 R 1.0 PL5)rvj(t-JWU .i ,T ..' .+ T hF. `F. 7} 'taY1•'x r i E CONTRACTOR/VENDOR/CONSULTANT: CHANGE ORDER N :.01 Triangle Refrigeration, Inc. 3200 Oregon Pike WO NO.: 39-07 Leota, PA 17540 GFPDC JOB NO.: 51356 DESIGN-BUILDER: Gannett Fleming Project Development Corp, (GFPDC) DATE: Augus 11, 2009 207 Senate Avenue Camp Hill, PA 17011 PROJECT NAME: GESA e[ta s eean THE PURCHASE/WORK ORDER IS MODIFIED AS FOLLOWS: tic Acv,t?cvlrzuacf+u?cs [ryf,?n vlucr FUyuc? + ra.auutq rJ a.aara crluur,,,.c v+ucyr r?+icuc "y DESIGN-BUILDER: CONTRACTOR/VENDOR/CONSUL ANT: Gannett Fleming Project Development Corp. Triangle Refrigeration, Inc. 207 Senate Avenue 3200 Oregon Pike Camp Hill, PA 1.7011 Leo(a, PA 4 - ? - -_ ??- BY: By: m? Donald G..Maroskyp P.-E-.---- 7_771 " President p Date: 9 - -° -3 Date: 2 -- J PID GANNETT FLEMING PROJECT DEVELOPMENT CORP. (GFPDC) 207 Senate Avenue Camp Hill, PA 17011 Telephone: (717) 763-7270 Facsimile: (717) 763-7322 Project Manager: Donald G. Morosky Phone: 717-903-6069 ORK ORDER Work Order No Issue Date: GFPDC Project No. Start Work Date Completion 39-072 Rev. 3 August 31?,2009 51356 1 October 2009 SERVICES PROVIDER: Authorized Rep: Chick 8omheim Power Down Holdings, Inc. f Title: Present 1c 2 Fi er Avenue Suite 120 Telephone: '41155_-98 7-3352 Corte Madera, CA 94925 Facsimile: E-mail: cbornheim@polsys.com PROJECT NAME ,r ESQ .---?a nelZoe; LOCATION: 99 Gateway Drive Mechanicsburg, PA ATTACHMENTS: 1) Scope of Work ITEM NO. DESCRIPTION QUANTITY UNI PRICE AMOUNT Services Provider (SP) to provide all labor, materials, toots and equipment necessary to provide those items described in the attached 'Scope of Work' for Amelia's Gateway Center, Mechanicsburg, PA. Lump Sum (based on non- prevailing wage rates) $ 37,332.00 $ 37,332.00 All work to be performed and completed to the satisfaction of GFPDC. 2 Less amount previously billed on Invoice #2009-21 1) Except as modified herein, this Work Order is subject to the provisions, terms, and conditions set forth in the duly executed Master Services Agreement between the Parties hereto dated April 20. 2009. 2) All invoices and correspondence must show the above GFPDC Work Order Number; Project Number, and Item Number. Send originals to the attention of D, G. Morosky at above address. 3) Please sign and return both copies of this Work order to the attention of D. G. Morosky at above address. GFPDC will return a full)r executed copy of WO for your file. GANNETT FLEMING PROJECT DEVELOPMENT CORP.: - -----ACHE Donald G. Morosky, P.E. f t3ign President $ -736.40 I $ -736.40 S BTOTAL $ 36,595.60 SA ES TAX $ Included SHIPPING & H NOLING $ Included TOTA PRICE: $ 36,595;60 PROVIDER: 5 J, s ` C: Q (D V,) W a0,. a? M 4') 114, Lo 13 Q ?C (4 r -p t3 M" (00 a C) M O 0 co -1 " CL co ?• N -0 co M U) a (a a is o r' to to v a? .... Vt`cc)_ C. C S m O d v rn v °' L z J C? O d a p d. d a F R,4 ??5 l? s 3 i rn 0 a N rn r a C is t? ti'? C6 ?lcn y t?C Y U .o tC Q v O ? t T- N N r to rl N I , N ' r r to M !F} Vi fA b9 U N d? C y c V C U m o aU Q j3 0 CL J 4. E O O 0.? V7 m O U L ? Q a K Y u? m Q N ? M M Qf h• r r" 00 M ? r 64 N C m E C ? Q y c Q ro y C U ` y '' a? } m i y ` 0 " a O C) V E Q U to v > Q o . > c a c Rf w a Q; Z c o O c as f- < a Ix O 64 0 Q .u c 3 L G •? L O m cs L RJ L m 0-0 0 CL , w cc) C 0 0) C N N N U (Oj u C C `C c.c cQ. ?d IC Rf x N io A M c c C c <<< R m M cc (0 a O O m J od R C U ? U 4) h O F :3 S ?, 'O c 0 C (n Q) ul c x fi C Q a+ V} Q m C m v E? m O V c C a a d1 O y ? ? •-, L a ai - 'a o or o 75 Q . a r 2 U CL 0 CL lll? V v 17-1 / b .-7 _G C i G N 0 / G G J V J, •w•Y J J D n J J J M -i oocooooo0000 p 0 -? `-• m wwww< aww ww 9 DDnD . w ww G1 G1 cn Cn cn G1 (n cn Cn G1 cn cn n y O.. _ y {Q fD f0 CQ O - mp)mmmmm0)m0mm .. ` C j 3 n C1 n d (a fa C? m CD O 3 m o °? Co ?. ?•( -s-•CD CD w-4-4MMCnCnA p --O ( to Cc Co (O 0 (D D Z CD c .. ?p o00 , . o o p N j W- 0 D (JJ N cn A N A d (:-' co - G1 CJ) <D co Q N N M? - y_ Z O 0 3 o x i N i a N t N i N • i (O) 4) 10 C', N -+ O O N N NN N -? o ?jNN NAA W W D)` 1(j n N N N N 0 0 0 0 0 0 0 0 y- O CD 00cccccccwwto°CCD m to (4 co cc CD O co Co V -+ j -+ CD X (D r.p?A.Ji W A A(D-+ ?. rt CG=. N W -+ O N s W -+ O m CD . Cc to 3 warty CO CO N(Wn0ID W ) Cn (b AD) j• W bCm6NNCn WNm(nm V 0 ? • O Oja momA V.m G?G1N 0 N N CC) V N V CVD .?P C0N AJ Ww W -- ?0 W O W NCO 90N m O G1 CO AO C) 0 CO0 NN(n wN m 6m V A W o-AO(n 0 G14 V mmCnN rt ,o CO A W -s W N -a V W A, 0 0 0 0 0 0 00 0 0 V 0-40OOOOOOOC O 7.3 J 0 O O O O o O O O O o 0 0 1 O 0 0 0 0 O. 0 0 0 0 0 0 0 W 0 00 000oooooco 0 to J 0 0 0 0 0 0 0 0 00 0 0 0 1 O O..© 000000.0(o 00 Q) 0 000000000000c) (n a 3 o °o po000000.00 1 0 00 C)000000000 to -\, ?C) OO pOOCO.OOOOo 0 co co 1o O W N < V • ' W A C? 0 0 0 0 0 0 0 0 0 _QQy_0-0 O O O o to V O V O O O O O O O O O CD O O w cD w `? G1 O) V 0000000000 N C) 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 CL _D X nta °. 7 M r rt < ID m 3. N y ? . n ZZZ 0" 000 a. CD CD CD Z O O CD C v C 0 N cn N O 3 3 3 M. cn ° Co a m 1 -00 \ CD? cc Cn T O ? N N ^: C O V < C1 C a CD CD o Q. N N O O CD 0 p -i N N O .a O 07 co (D O C) Q"v C? n N n? ti yy y , VERIFICATION Donald G. Morosky, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he is the President of Gannett Fl g-Project Development Corporation, and that the facts set forth in the Mechanics Lien Claim are true d correct to the best of his knowledge, information and belief. Date: ,f --30-)v DONALD G. MOROSKY, Presi GANNETT FLEMING PROJECT D VF,L "T CORP. Exhibit B MFIY-29-2009 14:43 FROM:AMELIAS 71735,18603 T :16106654077 P:1/10 -? GREEN ENERGY SUSxAiNARLE MASTER AGREEIVIE This Green Energy Sustainable- Master Agreement ("Agreement") is made and entered into as of the date last below written ("Effective Date"), by and between Amelia's, Inc., a Pennsylvania corporation, (" Cilstomcr") and Grem. Energy Sustainable Ag eement, Inc., a Georgia corporation (°'GESA"). WIiTNESSETH Whereaa, Customer owns the facility, or leas lease rights for the full term of this Agreemmea, located at the address or addresses specified in Exhibit A (the ";sites") and is responsible for utility bills generated a the Sites; and Whereas, GRS.A. ltass conducted a corn Ictc energy audit of Customer's Sites; and Whereas, OF-SA, has determined the potential for savings at Customer's Sites through utili cost containment by making use of greco sustainable alternative energy products; and Whereas, GF.SA shall provide all hardware and retrofit labor for installation of modem, cI. gy efficient System, at no cost to Customer; and Whereas, Customer shall grant a license to GESA for installation, operation, and monitorin of the System at the Sites, all under the terms and conditions set forth herein; NOW, Therefore, in consideration of the mutual promises and covenants contained herein, a, d intending to be legally bound hereby, Customer ud GESA hereto covenant and agree as follows; I. Term of Agreement. The term of this Agreement shall commence on the Effective ate and shall end on the Fifteenth (35th) anniversary of the date of system commissioning which shall be tho to that the complete installation of system is operational, the system has met all municipal approvals and ermits and is compplcte to Customer's reasonable satisfaction and approval ("System Commissioning"), such sa. isfaetion and approval not to be warcasonmbly withheld or delayed . 2. The System. GESA 8ball ;provide all hardware and retrofit labor for installation of in dern, energy ei:f36cm heatw& ventilation, air-conditioning,' refrigeration, lighting, solar power generation, el cell technology, and turbine- ao-generation as required for energy conservation and power generation (the ° System") at the Sites and more fully defined as follows: a. Refrigeration. GRSA. shall be responsible for the operation, warranties, prev ntative maintenance-, timely, service and repairs, replacements, additions, retrofits, and crJ=ecmca s to the total refrigeration package-which: includes Customer owned refrigeration cases, wa -in coolers, and walk- in freezers, GESA' shall maintain temperatures and lighting in accordance wit US aiid PA Department of Agriculture requirements. All equipment shall meet UL and NSF standards b. Heating, Ventiladon and Air Condtfloning (VAC). GESA shall be respon ible for the operation, warranties, preventative maintenance, timely service and repairs, replaecro n , additions, retrofits, and erabancements to the total HVAC package. Ductwork and diffusers will n be replaced unless retrofitting requires complete alteration of the HVAC package. GESA shall intain indoor heating anal cooling within standards recommended by ASH AE (American Society o Heating, Refrigerating c. Temperature And Control Monitoring. GESA, shall provide and install at its sole expense temperature- and control monitoring systems for the refrigeration and HVAC s tens. GESA is responsible for warranties, preventative majztcnance, service and repairs, replo ements, additions, retrofits, enhancements, and operations for monitoring system, e-1 Store Lighting k'ixtures. CrESA shall be responsiblo for purchase, installation, power wiring of spccitled lighting fixtures, light tubes and upgrading the efficiency of the emer ency lighting package. Custornex sha)1. be iesponsible for replacement of light tubes after installation. ESA is responsible for warranties, preventative maintenance, service and repairs, replacements except .fight tubes, additions, retrofits, enbancenrcnts, and. operations. GESA shall maintain lighting within. st ndards recommended Page 1 of 10 Greed Energy Sustainable Master Agreement I { i Ai ) ? MFIY-29-2009 14:44 FROM:AMELIAS 7173548603 by ASHRAE (American Society of Heating, Refrigerating and Air-Conditi approved by the Customer. e, Solar Power Generation. GESA shall be responsible for the design, purcb control wiring, warranties, preventative maintenance, service and repairs, r retrofits, enbucemcnts, and operations of the solar power generation roof t GESA assumes responsibility for all roof repairs as needed-and commits th, repaired timely at no expense to the Customer or property owner. f Natural Gas Mieroturblue Power Generation. G139A 441 be respottsibl installation, power and control wiring, warranties, preventative maintenance rrrplaccments, additions, retrofits, enhancements, and operations for the nati power generation. Location of natural gas microturbine generator is subject Customer. :16106684077 P:2/10 ning Engineers) and vee, installation, power end placements, additions, ip package and panelig, t roof leaks will be for the dcsiga, purchase, service and repairs, al gas microturbine o prior approval by the 3. Implementation Schedule. Upon execution of this Agreement, GESA shall provide implementation schedule for the Sites within ten (10) business days. GESA shall wo contractor's construction, schedule and meet necessary timelines and dea dlines for and operation of System 4. GESA Monthly Fee. Customer shall pay to GP-SA a monthly Energy Saving Fee Site based on utility savings for electricity and natural gas. The Mori tly Fee shall b 1) the average moatbly base electricity rata and demand kilowatt-hours ("kWh') for bills for the two years prior to the System Commissioning (" JzWal Rate Period") less (10°fa); plus 2) the average monthly base natural gas rite and demand Mcf for the Cu; for the two years prior to the Initial Rate Period less at least fifteen percent (15%), If for the Site, the base rates and &-nand 'mage for electricity and natural gas with be ca assumptions and projections agreed to and approved by GESA and the Customer and Exhibit B'. Responsibility for utility bills under this Agreement for Customer's Sites date of System Commissioning. to Customer the k with assignod mpletion of installation lonthly Fee") for each calculated as the sum of ao Customer's electricity at least ten percent Comer's natural ;`as bills io hiator cal data exists 'culated from incorporated hereto in >cgins 30 days after the 5. Payments. Customer shall forward monthly utility bills and Monthly Fee within five the utility'bilis to Sterling Trust Company, an independent third party bonded disbars 7 "Disbursement Fir& ). The Disbursement Firm may be changed from time to time byi approval, by the Customer. 6. Monthly Tee Adjustments. Semi-annually, beginning after the date of System Co Foe shall be recalculated based on the lower of 1) the energy rates charged by the Carr, natural gas utility vendors, or 2) the best available written energy rates. The new Mont calculated as the mm of 1)',the than current electricity rate and demand kilowatt-hours I Customer's electricity bills for Initial Rate Period less ten percent (10%); plus 2) the rate 'and, demand Mcf for the Customer's natural gas bills for tht Initial Rate Period lea 7. Utility Rates. GESA will use its best efforts to negotiate favorable electricity and na available utility Vendors including'hut not limited to Richard's Energy, Shipley JEner 8. Priority of Disburs6ments. Payments and fees under this Agreement shall be made p Disbursemcnt Fkm. The payments duo under this Agreement shall be paid according t schedule: First, Customer will forward the utility bill and GESA's fee to the Disbursca in Parapgaph 4. GESA's Monthly Fee; Second, the Disburserneut Firm pays the utility' Disburse,me'nt Linn pays required fees for payment and performance bonds; Fourth, the pays the monthly financing payment; Fifth, the Disbursement Firm pays all maintenane approved by GESA; Sixth, the Disbursement Firm deducts its fee; and Last, the',Disbur, payments, of the remaining valance to GESA. Any late fees or interest expenses related p^aayments become CESA's xcsponsibility if not caused by Custommr. --- Page 2 of 10 Greets Energy Sustalneble Master Agreement days after receipt of ant firm (the iSA subject to prior ssioning, the Monthly it electricity and ply Fee sball be ' kWh' for the m current natural gas fifteen percent (1S%). iral gas rates with all and UGI. omptly by the the following iont Firm as calculated )ill; Third, the Disbursement Firm and repair costs ement Firm submits ;o the above listed MI/M MHY-29-2009 14:45 FROM:AMELIAS 7173548603 T6:16106684077 9. Right to Accounting.. GFSA ?m.d Customer shall have the right to request and rece ve an accounting of all fees and payments from the Disbursement Finn during the term of this A ffee-ment. Tho DisburscmMt Firms sball promptly notify Customer of any notices received from the financing entity that co Id have a negative effect on the continued good standing; of the financing for the System, including, but not 'ted to, late paWcnt notices or notices of any event of default, 10. Surety Bond. GFSA at its sole cost and expense will provide a payment and perfor ance bond for the Term of this Agreement and shall include Customer as an additional loss payee. The sur ty company selected by GESA shall be rated AAA, or better, and acceptable to Customer. It. Grants, Rebates, and Other Incentive& Any and all grants, rebates, incentive pJa eats or credits available from the local provider of electricity, utility company, the Federal or State Gover nt, local or municipal authorities, or any other entity as a result of the design, construction and operatiothe Systcm slia l.l. be payable to GESA, or its designated affiliate. Customer agrees to cooperate In goith as necessary to enable GESA to obtain all available incentives and rebates, including re-assignment of acentive, if any, from soles power generation to tho power grid received by Customer as a result of the ection described: in this Agreement and as consistent with tbii Agrecmwt. Zf, prior to tho completion of the installation of the System, additional rebates or tax redits, above and beyond those that already exist in common knowledge, became available which would imps ve the economics of the project, the parties will use their best efforts to incorporate these new or additional f ncial incentives into the project ina way that is beneficial to all parties. 12License Granted, For the terra of this Agreement, GESA shall have an exclusive Li ense to use. the Sites for the construction, maintma co, operation, and monitoring of the System and for no o er use or purpose. 13. Security Interest The System said all alterations, additions, improvements or install tions made thereto by GESA shall remain the personal property of GESA. Iri no event shall. the System be cemed a fixture, nor shall Customer or anyone daiinirig by, through, or under Customer, have any rights' or to the System at any time accept as otherwise provided hereto. Customer acknowledges and agrees that G SA may grant or cause to be granted to a secured party a security interest in the System, so long as such sec ity interest is subordinate and sabj ect to the terms of this Agreement. Except as expressly otherwis stated in tbis Agreement, Customer expressly disclaims and waives any rights it may have in the S tem, at any time and from time to time, pursuant to this License, at law or in equity, 14u Approvals and Permits. GESA. at its sole cost and expense throughout the term of th Agreement, shall comply with all applicable laws and regulations relating to the operation of the Syste including obtaining and maintaining all relevant approvals and permits. Customor agrees to seasonably coop ate with GESA. including, but not limited to, ifnccessary, providing consents and executing with the I cal utility such agreements as are necessary to permit the ongoing operation of the System. 15. No Interference with Customer's Business. GESA shall use its best efforts to cons ct, install, operate, maintain and repair the System in a manner that will not obstruct or interfera with Cus mar's ownership, operation; and/or use of the Sites. A.1though Customer foresees no interference, in the vent interference occurs, both parties agree to promptly take all reasonable steps necessary to eliminate u.ch interference. GESA shall submit to Customer for approval, by no fewer than fourteen (14) calendar day's for written notice, plans for installation of all retrofits and scheduled during Customer's approved timel' . 16. Leases, Easements and Rights of Way. Customer reserves the right to grant additio I licenses, casements, leases or rights of way, whether recorded or uurecordcd, which, does not unreasonably nterf'ere with GESA's use of the Sites and the System. 17. Approval of Design Plans. GESA shall at its sole cost and expense design, buiId,.own (except for previously existing equipment), mainta.ir anal operate the System specifically defined in Exhibit Devolopmwt (including, but not limited-to-construction and installation) of the System shall be completed-in-accordance with industry standards and prevaili:ag best practices. Final detailed design plans for ea 11 Site shall be Page 3 of 10 Green Energy Sustainable Master Agreement P: 3/10 I i MAY-29-2089 14:45 FROM:AMELIAS 7173548603 Tb:16106684077 P:4/10 incorporated as part of Exhibit C. All equipment to be removed and new equipme 't to be installed slEiall be itemized in Exhibit C.. Baseline utility tates used to calculate the Monthly Fee in aragraph 4 above'sha:ll be included as part of Exhibit IB and shall be approved by Customer. Exhibit B, Exhl it C, Exhibit D, and Exhibit t for each Site that is approved by GESA and Customer shall bee attached d incorporated hereto and shall eonsxitate full acceptance of this Green 13aergy. Sustainable Master Agrccmcn . No work shall begin tinder this Agrrcemcnt until final plans are approved by Customer, which approval s. all not be unreasonably withheld or delayed, 18. Roof Repairs. GESA shall at its sole cost and expense make necessary repairs to roof or replace ;may areas of the roof that may be required for installatioe. of Solar equipment or other retroft quipment. Such repairs or replacement shall be included in the final plains submitted to the Customer in farce ph 17 above aAc listed in Exhibit CP GESA shall at its sole cost and expense properly maintain and make rim ly repairs to the areas of the roof whe:rc any of the System's equipment is installed including, but not limited o, peoctration leaks from equipment imtallation. Customer and Customer's landlord may make any necessary repairs to the roof as needed if GESA does not make repairs required under this Agreement within 14 da upon receipt of a written receipt of request for roof repairs; GESA, further agrees that the cost of any such roo repairs shall be Gl~SA's responsibility and the remedy would allow Customer to deduct roof repairs from G A's Monthly Fee. 19. Right to Upgrade Equipment. At any tixac during the Term of Us Agreement, GE A at its sole cost atd expense shall have the right to upgrade, improve;, or change any equipment or part o the. System provided that such upgrade, improv=ent, or change of equipment does not compromise lighting o HVACR standards Oct forth in this Agreement and shalt require prior written approval by the Customer, wb cb approval `shall not be unreasonably withheld or delayed. 20. Customer's Maintenance Obligations. Customer Shall, at all times during the term of this Agreement, use commercially reasonable offorts to maintain the Sites, other than the SystcM in reaso ably good condition and repair so as to be able to rcccive and utilize the electricity delivered to the Sites from a System. Customer ,shall be responsible for replacement of light bulbs and new or replacement refrigerati n display cases of any kind during the term of this A.grc=mt.' 21. GESA's Maintenance Obligations. GESA shall cause the System to be operated an maitataiiacd' in a connmercially reasonable manner meeting the requirements of Customer throughout a term of Us Agreement. GESA will provide Customer and Customer's,ludlord the Preventative aintenance and Service Agreements with GESA's assigned service providers for the "System" as sbovm in E bit b. GESA, at its sole expense, shall also be responsible for any maintenance and repairs to the Sites ex cpt for replacement of light bulbs, walk-in coolers, walk-in freezes, and replacement of refr'igcratiot display cases of any kind.' GESA shall provide quick response for repairs and maintenance services on retrotatt attd existing systems. Upon completion of installation of the System, GESA will provide Customer With a se ed:ule of all operating systcaas at the Sites. a. GF-SA or its rcpresentative,s shall schedule System downtime with Customer's approval so as to minimize any disruption to the Customer's operation at the Sites. b. Standard maintenance shall be performed Monday through Thursdays includira off hours for in-store maintenance operations only, unless otherwise arranged with the Customer. E ernal store maintenance may take place during normal business hours, c. GESA or its representatives shalt respond on Sites to service and or repair non- actioning equipment within two (2) hours of receiving a report of non-functioning equipment. d. GESA Sball maintain refrigeration equipment at applicable temperatures rang as published by the US Department of Agriculture for such equipment; c. GESA shall maintain indoor heating, cooling, and lighting within standards rce mmcnded by ASB2 AE,.American Society of Heatin&R-efrigerating and Air-Conditioning E gineers. Page 4 of 10 Green Energy Sustainable Master Agreement PAM 4. MAY-29-2009 14:46 FROM:AMELIAS 7173548603 TO:16106684077 £ Upon prior written notice and GESA's repeated failure to meet the above tandards of performance in the Paragraph 21., items a through c, Customer may hire, at USA cost an expense, another.' licensed mechanical/refrigeration contractor to make necessary repairs.. Customer at its option may .fotward the bill to GESA for paymcnt or deduct the amount of the bill from GESA's oathly Fee. 22e Customer's Option to Purchase. GESA hereby grants to the Customer an option purchase the System on the following terms and conditions- a. Customer may excraise this option at anytime on or after the tenth (10') a versary of the System Commissioning, provided that Customer is taot then in default under this A cement. b. Within sixty (60) days after, completion of design and costing of the Syste for each site, the full buyout price for the System at anytime on or after the tenth; (146) annivers of the System. Commissioning shall be sct forth in the schedule attached hereto as Exhibit L c. Within thirty (30) days after completion and approval by Customer and CrE ,AA, ofRxhfbit E, the Customer, upon written notice to USA, shall have a onetime early buyout pt'on to purchase the System at the full buyout price for the System as beset forth in the Paragm 22, item b above. 23. Vacating the SiteJMemoval of Equipment. At the end of the term of Agreement, C Stoma' reserves the option to purchase ownership from GESA of any part, or all, of the Syatcm for $1.0 . Any remaining components of the System that »ced to be removed from Customer's location shall b GESA's responsibility and expense for removal from Customer's location. 24. Change of Ownersltip bf. Site. Jn the event the Customer transfers leasehold iotcrest the new owner shall be requked to assume all responsibilities and liabilities under this Agreement. GESA an Customcr twill ia,se their best efforts to negotiate with the building owner. Until such time that the trahsfetce sumes responsibilities az?d liabilities under this Agreement, Customer shall remain. responsible for GESA's ees for Term of this Agreement. 25, Relocation of System, In the event the Customer desires to relocate the System to a ew site, Customer shalt be responsible for the costs and expenses for relocating the System Upon a request b the Customer, GESA shall provide the Customer with a binding estimate of the reasonable and necessary c sts and expenses for relocating the System to the new site, Obligations from previous site shall become nul and void and shall be transfcrxed to the new-location. 26, Assienment. Its the event GESA sells or otherwise assigns ownership of the System, a new owner shall be requirod to assume all responsibilities and liabilities under thiq Agreement. However, ucb sal or Assignment shall be made only with the prior written approval of tho Customer, such approval not o be unremsonabI witbbclzl, conditioned or delayed. 27. )Force Mal eure. "Force Majeure' means an not of God (such as earthquakes, fires, rio s), actions or inactions of a regulatory authority, or actions of others such as strikes, lockouts, or other industr l: disturbances, not within the control or arising from the fault of the party claiming Force Majeure. Any claiming Force Majoure .9halI advise the other party as soon as possible of the occurrence of the event d shall provide the other party with the basis of the claim, ua writing, within ten (10) days of the occurrenc of the event. Parties shall make reasonable effort,-, to avoid the adverse impacts of a Force Majearc acid to re olve the event or occ=c nce once it has occurred in order to resume performance. 2$, Event of Default by GESA. The following shall be an Event of Default by QBS,A; a. CEsA's failuxe, without reasonable excuse, to proceed with the development (" eluding, but not limited to zonstraction.and installation) of the System for a continuous period o five (5) days or for tern (10) days total b. Failure by GESA: to make reasonably satisfactory progress toward completion Jnstallation, and operation of the System. Pages of 10 Green Energy Sustainable Master Agreement the development, P:5/10 M MAY-29-2009 14:46 FROM:AMELIAS 7173548603 Td:16106684077 P:6/10 Failure by GESA to perform or comply with any material term of this Agreement within ten (10) days of written notice by the Customer to GESA, unless GESA and the notifying entity agree in writing to a longer period to cure the default. GESA' 1'a.ilure to cure, within ten (10) days written notice by Customer, non-payment. of Customer's utility bills within the terms provided by tho Disbursement Firm third party disbursement fn-m within utility compl-ay's tcrz s. .29. Event of j7efault by the Customer. The folowing shall be considered an 1~vmt of Default by the Customer: a. The Customer's failure to pay undisputed GESA fees for a period of more an 60 days. b. Failure by the Customer to perform or comply with any material term of OA3 Agreement withiA sixty (60) days of written notice by GESA. to the Customer, unless the pasties agree to a longer period to cure the default, 30. Customer's Remedies, In the case of an Event of Default by U-SA, the Customer ball have the right to terminate this Agreement by providing written notice to GESA demanding that the System be removed and the Sites restored, to the pre-installation condition, subject to ordinary wear and tear, wit An ninety (90) days of GESA receiving such notice. 31 GESA's Remedies. In the case of an Event of Default by the Customer, and GESA leers to terminate the Agreement, GESA shall have the right to a Termination Fee based on the design of ha Systems to be installed at the Customer's Sites as determined at the time of aignoff of the Systems design and commissioning and then incorporated hereto and attached as Exhiblt C. The parties ackazowlcdge that in the event of default by the Customer, GESA's lost revenues would be difficult or impossible to compute and th t this provision represents the reasonable estimate of such xeveaues established by the pasties in good faith consideration of the facts and circumstances, existing' at the time of the execution of this Agreement, surrounding the transactions contemplated by this Agroomont, Therefore, this Termination Fee shall be treated for all purposes as liquidated damages. 32. Insurance. GESA. shall carry during the term of this Agreement, at their sole cost as d expense, the following insurance: (i) All Risk property inmrance for its property's replacement cast; (ii) co ereial. general liability insurance with a Minimum limit of liability of Two Million and 00/100 Dollars ($2, 0,000.00), combined single limit for bodily injury or death/property damage arising out of any one (1) oc =once and covering GF-SA's use and occupancy of arLd operations on the Sites; (iii) automobile liability surance with a combined single limit of One Million and 00/100 Dollars ($1,000,000.00) per aecid t; (iv) Workers' Compensation Insurance as required by law; and (v) employer's liability insurance ith limits of One Million and 60/100 Dollars ($1,000,000.00) per ocourrmee, The coverage afforded by GES 's commercial general liability insurance, automobile liability insurance and employer's liability insurance , hall apply to the Customer and Customer's landlord as additional insured but only with respect to Gl A's liability arising out of their respective duties and liabilities pursuant to the subject matter of this Agrcem n1 atad sliaall insuro any duty of GESA to indemnify pursuant to this Agreement. Each policy described in thi paragraph shall require thirty (30) days" advance: written notification to the Customer and Customer's landlord of any cancellation or modification, QF-SA shall provide Customer and Customer's laodlord with certiff ca of ittsumce evidencing the coverage required'bythis paragraph within thirty (.10) days of date of xecut on of this Agreement and thereafter within thirty (30) days after a written request therefore by Customer or Customer's landlord All coverage for USA's subcontractors and guarantors shall be subject to a requirements stated above in this paragraph. 33. Indemnification and Bold Harmless by GESA. GESA agree to indemnify, defend d hold the Customer and Customer's Iatuilord, and any and all parent, subsidiary or related entities, assoei tions or corporations and any and all of their officers, directors, agents, employees, members, successors and assigns ( collectively, the "Custommr's 7ndeinmfied Parties") harmless from and against auy and all injury, loss damage or liability (or any claims in respect of the foregoing), costs or expenses (includitig, reasonable attorn s' fees and court costs) arising directly .from of in connection with activities by or on behalf of GESA inconn Lion with this Page 6 of 10 Green Energy Sustainable Master Agreement V?? V VtA MAY'-29-2009 14:47 FROM:AMELIAS 7173548603 16106684077 P:7/10 Agreement, including, but not limited to the installation, use, maintenance or repair of the System or other use of the Sites by or on behalf of GESA, or GESA's breach of any provision of this Agreement, except to the extent attributable to the negligent or wrongful intentional act or omission or fraud of any of the CuRtomcr'S lrs emnified Parties or any breach of this Agreement by the Customer or its employ s, agents or independent contractors, 34. Indemnification and Hold l3airmless by Customer. The Customer agrees to ind , defend and hold GESA and any and all parent, subsidiary or related entitles, associations or corporat ons and any mid all of their officers, directors, agents, employees, members, successors and assigns (collet 'vcly, the "GESA's Indemnified Parties") harmless ;from and against any and at injury, loss, damage or liability (or any claims in respect of the foregoing); costs or expenses .(including reasonable attorneys' fees an court costs) arising directly from or in connection with the negligent or willful misconduct or actions or the negligent or wrongful intentional failure to act or fraud of the Customer or its employees or agents, or the reaeb of any provision of this Agreement by the Customer, axcept to the extent attributable to the negligent or wrongful intentional act or omission or fraudof GESA. 35. Hazardous Materials. GESA shall not bring any hazardous materials onto the Sites or allow such materials to be brought thereon, except for those materials commonly used in the installation. and operation of the. System. GESA shall handle any hazardous materials they, or either of them, brings onto the Sites in strict compliance with all applicable federal, state and local laws and regulations. GESA agrees, as an dependent, unsecured obligation, separate from any of its promises or covenants elsewhere in this Agreement to indemnify, defend with counsel satisfactory to the Customer and Customer's landlord, protect and hold harmless, the Customer and the directors, officers, members, employees, agents, and assigns, of The Customer, and any successors to the Customer's Werest in the Sites and present and future owners of the Sites from and against all claims, actual damages, punitive dannagcs, injuries, costs, response costs, losses, demands, debts, liens, liabilities,, causes of action, suits, legal or administrative proceedings, interest, fines, cbarges, p ahics and c xpcwes (including, but not limitcd to, (1) reasonable attorncys', engineeers' consultants' and pert witnesses' fees and costs incui ed mi connection with dcfanding against any of the foregoing or in enforc this indemnity and (2) diminution in the value of the Sites) of any kind whatsoever., paid, incurred or suffer by, or asserted against the Sites or any indemnified party during or after the term of this Agreenimt, directl , arising from or attributable to any activity by or on behalf of GESA., and whether for anyrepair; cleanup or detoxification, or preparation and implementation of any removal, remediation, response, closure or other clean-up plan, regardless of wbetber undertaken. due to governmental action. The indemnifications of this Paragraph specifically include reasonable costs, expeeses and fees incurred in connection with any investigation of Sites conditions or any cleanup, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph will survive the'-expiration or termination of this A cement. Hazardous Matcdal~s shall included and be dofwed as such undo applicabla Federal Statutes cr Commonwealth of Pennsylvania law regarding Hazardous Materials. 30. GESA's Responsibilities for Permits, Approvals, and Liens. All of GESA's work tt the Sites Shan be performed at GESA's sole cost and expense and in a good and workman like manner o the reasonable satisfaction and approval of the Customer, such satisfaction and approval not to be easonablywithheld or delayed. GESA shall cause; the System to be constructed and installed, and shall main '.n the System, at the Sites %n Hoax and safe condition and repair in compliance with all applicable codes an governmental regulations. The foregoing sentence shall include, but not be 1 rmited to the followfn& ties of GESA in connection with all `work performed, by GESA, on the Sites pursuant to this Agree t: a. to procure or ensure procurement of all, necessary permits and -approvals. of any director ancillary .work; done in connection thcrow tlt; and b. to keep',in a sate and orderly condition all portions of the Sites where work is being performed; and c. to pay all, direct and ancillary costs inewed.in connection with such work and keep the Sites free and - - clear. of all mechanic's liens resulting from any action taken, by GESA, their respective agents, employees, contractors, or any other persona or entity it has retained and execute and have filed before Page 7 of 10 Green Energy Sustainable Master Agreement ?Y" 1 MAY-29-2009 14:47 FROM:AMELIAS 7173548603 TO:1 any work commences under this Agreement; if GESA does allow a mocha Sites, GESA shall, withim thirty(30) days tberca#ter, do one of the fallowir pay the claim on which the lien is based with all costs, fees and release of such lien at no expense to Customer; or ii., begin proceedings to contest the validity, nature, or amount of a continue to prosecute those proceedings in a reasonably timely r the final determination of such questions, GESA shall iu edlatc judgment rendered with all proper costs and charges and, in any released at no expense to the Customer; if GESA desires to coot to commencing such contest, the contesting party or parties will,. necessary, to release the lion, 16106684077 's lien to attach to the and obtain the such lion and shall mer to a conclusion; on pay ally adversm e, shall have the lien any such lien, then prior it a bond, wbero 37. Confidcntiality of Customer's Data. Any data, financial or otherwise, relating to th operations of the Customer and which are designated confidential by the Customer and made available to GESA, shall be protected by GESA from unauthorized use and disclosure during the Tarn of this A,.eemenL 38. Confidentiality of GESA's Data. Any data, financial or otherwise, relating to GES 's operations wh3ch are designated confidential by GESA and made available to the Customer shall be protec'ed by the Customer from unauthorized use and disclosure during the Term of this Agreement, 39. Governing Law. This Agreement shall be governed and shall be interpreted in accordance with the laws of the State of Pennsylvania. 40. EnIlre Agreement. Except as otherwise expressly set forth in this Agreement, this A greement repres"t4 the entire understanding of the Customer and GESA as to those matters contained heroin, and supersedes and cancels any prior oral or written understanding, promises or representations with resp ect to those matters coveted hereunder. This Agreement may not be Nmdi6ed or altered except in a writin g signed by all parties. 41. Notices. Except as otherwise cxpresslyprovided by law, any notice, tender, delivery, or other communication under this Agreement shall be in writing and shall be deemed to be properly given if p ersonally delivered, mailed (by being deposited in the United States mail, duly registered or cer W34 with postage prepaid), sent by reputable, private courier, or sent by telephone facsimile machine (FAX) in the ma nner provided herein If sent by mail, any notice, tender, delivery, or other communication shall be deemed to ave been given: onthc date indicated on the return receipt signed by the recipient or, if no return receipt is si ed within five (S) business days after wailing, on the date of maffing. If sent by reputable, private couri er, any :goticc, tender, delivery, or other communication shall be deemed to have been, given on the delivery ate indicated in wf ti.n.g by the re;oipiertt or the courier. Jf sent by telephone facsimile machine, such notice, livery, or other comruunieation shall be decreed effective or deemed to have been given on the date o sending if the sending machine indicates receipt at that ti= by the receiving machine. If sent by electronic ail (e-mail), any notice, tender, delivery, or other communication sha.11 be deemed effective or deemed to have been given on the date . of scradtta„ f if the sending computer indicates receipt at that time by the receiving com puter. A.uy such stotice, tender, dclivcry or other eommunicatiou not hand delivered shall be addressed or sent by tel.epbow facsimile machine or electronic mail as follows unless a change of address changes hereto: Customer; Amelia's, Inc, 120 Oflan Road New .Holland, ]PA 17557 Office Rhone (717) 354-SM00 E: 717-354-8603 Email: jcff@ameliasgo.com !GESA: Green Energy Sustainable Agreement, Inc, 1400 Market Place Blvd. Suite 171, Page 8 of 10 Green Energy Sustainable Master Agreement {v1.Vtl°1 P:8/10 J r. MAY-292009 14:48 FROM:AMELiAS 7173548603 r Cumming, GA 30041 Fax: 770-217-9076; Email: bob.m@gcsagrocmants.com 42. Effect of Wiaiver. The failure of either party to insist on strict compliance with any conditions of this Agreement by the other patty sball not be deemed a waiver of that condition, nor shall any waiver or relinquishment of any right or power at any one ti waiver or relinquishment of that right or power for all or any other times. 43. Partial Invalldity. If any provision in this Agreement is held by a court of compete invalid, void, or unenforceable, tha remaining provisions shall nevertheless continue being impaired or invalidated in any way unless to do so would be unreasonable in, 1. of this Agreement. 44. Gender or Number. As used in this Agreement, the masculine, fminine, or neuter plural dumber shall each be deemed to include the others unless the context clearly i- 45. Headings. All parag.,raph headings are provided for convenience only and shall not l provisions of t bis agreement. 46. Execution in Counterparts. This Agreement may be executed in counterparts with signatures to this Agreement were upon the same instrument. Each counterpart will which, taken together, shall constitute a single instrument. ACCEPTED AND AGREIED on the date indicated below: Dated: li D ANIICliIA,'?, , Ilwl'C.? sr? " ?? By: Print Name: ecretary April 6, 2009 GREEN ENERGY SUSTAINA'. h: L` / .By: Robert McKinney. Chief Page 9 of 10 Green Energy Sustainable Master Agreement 1610668407? }f the terms, covenants, or torm, covenant, or no or iiiracs be deemed a nt jurisdictiota to be in full force without gbt of the overall purpom and tlac singular or :s otherwise. used to interpret the the same effect as if the )e deemed an original AGREEMENTS,IN+C. Ofrj cr. P: 9/10 FP MAY-29-2009 14:48 FROM:RMELIAS 7173548603 TO 16106684077 P:10/10 Exhtbit A. (The Sites) it As agreed, initial execution sebcdule to include the design and ratrofit of the f llo, wing store pending foal landlord approval: Amelia's Grocery Outlet Gateway Square 105 Gateway Drive Mechanicsburg, PA 17050 Rage 10 of 10 Careen Energy Sustalnable Master Agreement I L OF r?? PR?-OFFICE QNQ TA Rfit' OV 22 Pm I.. Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Jill N. Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 E-Mail: dpiermattei@rhoads-sinon.com jweikert@rhoads-sinon.com Attorneys for Plaintiff GANNETT FLEMING PROJECT DEVELOPMENT CORPORATION, Plaintiff V. SIDNEY BECKER, LEONARD BECKER d/b/a LESTER ASSOCIATES, Defendant CUPyeER pEkp?sYz COUNT), VARtA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2920 MLP PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS TO MECHANIC'S LIEN NOW COMES Plaintiff, Gannett Fleming Project Development Corporation ("Plaintiff' or "GFPDC"), by and through its counsel, Rhoads & Sinon, LLP, and hereby files this Answer to Defendant's Preliminary Objections to the Mechanic's Lien Claim filed in the above-captioned action, stating as follows: PROCEDURAL BACKGROUND 1. Admitted. 2. Admitted. 798424.1 3. The Mechanic's Lien Claim filed by GFPDC, attached as Exhibit "A" to Defendants' Preliminary Objections, speaks for itself. FACTUAL BACKGROUND 4. Admitted. 5. The Contract between GESA and GFPDC, attached to Defendants' Preliminary Objections as Exhibit "B," speaks for itself. 6. Denied as stated. Plaintiff lacks knowledge or information sufficient to form a belief as to the truth of this averment, and the same is denied. 7. Denied as stated. Plaintiff lacks knowledge or information sufficient to form a belief as to the truth of this averment, and the same is denied. 8. Denied as stated. Plaintiff lacks knowledge or information sufficient to form a belief as to the truth of this averment, and the same is denied. 9. Admitted, based upon information and belief. 10. Admitted. By way of further answer, Amelia's is renting the Property from the Owner, which upon information and belief, is Sidney Becker and Leonard Becker, d/b/a Lester Associates. 11. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 12. Denied. GFPDC alleges that it contracted with Green Energy Sustainable Agreements, Inc. ("GESA") "to perform design build services as specified in work orders issued by GESA" at the Amelia's store, which is being operated on Defendants' Property. Compl. 13. 13. The contract between the parties is as set forth in the Mechanic's Lien Claim. 2 14. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. FIRST PRELIMINARY OBJECTION- FAILURE TO SPECIFICALLY INDENTIFY WORK 15. GFPDC incorporates by reference its answers to paragraphs 1-14 as though set forth fully herein. 16. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, the statutory language of Sections 1201 and 1301 of the Mechanic's Lien law and any case law interpreting these sections speaks for itself. 17. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 18. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, GFPDC alleged that it performed "design build" services at Amelia's, which are services that form the basis for a valid mechanic's lien. GFPDC is entitled to a lien under the law because it provided construction services in addition to design services. See Stratford v. Boland, 452 A.2d 824, 825-26 (Pa. Super. Ct. 1982); Handman v. Greco, 6 Pa. D. & C. 4th 391 (Ct. Com. Pl. Luzerne 1990). 19. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 3 WHEREFORE, Plaintiff, Gannett Fleming Project Development Corporation, respectfully requests that this Honorable Court enter an Order overruling the Preliminary Objections filed by Defendants Sidney Becker, Leonard Becker and Lester Associates. SECOND PRELIMINARY OBJECTION - FAILURE TO SPECIFICALLY IDENTIFY WORK 20. GFPDC incorporates by reference its answers to paragraphs 1-19 as though set forth fully herein. 21. Denied. This Paragraph contains a conclusion of law and no response is required. 22. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 23. Denied. GFPDC identified the nature and character of labor, materials and equipment furnished and the prices charged in Exhibit "A" of the Mechanic's Lien Claim, which is attached to Defendants' Preliminary Objections. 24. Denied. By way of further answer, see Exhibit "A" of the Mechanic's Lien Claim filed by GFPDC. 25. Denied. By way of further answer, see Exhibit "A" of the Mechanic's Lien Claim filed by GFPDC. 26. Denied as stated. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. WHEREFORE, Plaintiff, Gannett Fleming Project Development Corporation, respectfully requests that this Honorable Court enter an Order overruling the Preliminary Objections filed by Defendants Sidney Becker, Leonard Becker and Lester Associates. 4 THIRD PRELIMINARY OBJECTION - FAILURE TO IDENTIFY LAST DAY OF WORK 27. GFPDC incorporates by reference its answers to paragraphs 1-26 as though set forth fully herein. 28. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, the statutory language of Section 1503(3) of the Mechanic's Lien law speaks for itself. 29. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 30. Denied. This Paragraph contains a conclusion of law and no response is required. By further answer, GFPDC alleges in paragraph 7 of the Mechanic's Lien Claim that it provided labor and materials for the claim made until March 2010. Section 1502(a) provides that a claimant must file a claim with the prothonotary within six (6) months after the completion of its work; therefore, if the work was finished in March 2010 and the lien was filed in May 2010, then it is clear that the Claim was timely filed. 31. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. WHEREFORE, Plaintiff, Gannett Fleming Project Development Corporation, respectfully requests that this Honorable Court enter an Order overruling the Preliminary Objections filed by Defendants Sidney Becker, Leonard Becker and Lester Associates. 5 FOURTH PRELIMINARY OBJECTION - FAILURE TO INDENTIFY FORMAL NOTICE 32. GFPDC incorporates by reference its answers to paragraphs 1-31 as though set forth fully herein. 33. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 34. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, the contents of the Formal Notice are stated in Section 1501(c) of the Mechanic's Lien law. 49 P.S. § 1501(c). 35. Denied. Paragraph 8 of the Mechanic's Lien Claim filed by GFPDC provides that "formal notice of GFPDC's intent to file a mechanic's lien claim was given to the owners on March 31, 2010." Compl. 18. 36. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. WHEREFORE, Plaintiff, Gannett Fleming Project Development Corporation, respectfully requests that this Honorable Court enter an Order overruling the Preliminary Objections filed by Defendants Sidney Becker, Leonard Becker and Lester Associates. FIFTH PRELIMINARY OBJECTION - FAILURE TO INDENTIFY GFPDC'S STATUS 37. GFPDC incorporates by reference its answers to paragraphs 1-36 as though set forth fully herein. 6 38. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 39. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 40. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. WHEREFORE, Plaintiff, Gannett Fleming Project Development Corporation, respectfully requests that this Honorable Court enter an Order denying the Preliminary Objections filed by Defendants Sidney Becker, Leonard Becker and Lester Associates. SIXTH PRELIMINARY OBJECTION - LIEN PRECLUDED BY THE ACT 41. GFPDC incorporates by reference its answers to paragraphs 1-40 as though set forth fully herein. 42. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is i specifically denied and proof is demanded at trial. 43. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, Exhibit "B" to Defendants' Preliminary Objections speaks for itself. 44. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 7 45. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 46. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 47. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 48. Denied. This allegation is unintelligible and cannot be answered. 49. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. WHEREFORE, Gannett Fleming Project Development Corporation respectfully requests that this Honorable Court enter an Order overruling the Preliminary Objections filed by Defendants Sidney Becker, Leonard Becker and Lester Associates. SEVENTH PRELIMINARY OBJECTION FAILURE 50. GFPDC incorporates by reference its answers to paragraphs 1-49 as though set forth fully herein. 51. Denied. This Paragraph contains a conclusion of law and no response is required. 52. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 8 53. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 54. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, to the extent that this Paragraph contains an allegation of fact, the same is specifically denied and proof is demanded at trial. 55. Denied. The Mechanic's Lien Claim was filed with the Prothonotary of the Cumberland County Court of Common Pleas on April 30, 2010, and the Claim was served on Defendants by the Sheriff of Montgomery County on May 5, 2010. The Sheriff's Return of Service was filed with this Court on May 19, 2010. A true and correct copy of the Sheriff's Affidavit of Service and Return of Service is attached hereto as Exhibit "A." 56. Denied. This Paragraph contains a conclusion of law and no response is required. By further response, see Exhibit "A" attached hereto. WHEREFORE, Gannett Fleming Project Development Corporation respectfully requests that this Honorable Court enter an Order overruling the Preliminary Objections filed by Defendants Sidney Becker, Leonard Becker and Lester Associates. RHOADS & SINON LLP ?. Piermattei 1 N. Weikert One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Attorneys for Plaintiff 9 EXHIBIT "A" .. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -' _F Ti1? - Sheriff rl 01,o at cuinbr Chief Deputy aryo ou r ? ?: ?? ??f 0 t•? ? `(! 9 , ?+ ?'; 0,4 Edward L SchorpQ OFFiGE OF THE S0ERIFF „".. j ' ' J +! Solicitor :.. F Gannett Fleming Project Development Corporation Case Number VS. Sydney Becker, Leonard Becker, d/b/a Lester Associates 2010-2920 SHERIFF'S RETURN OF SERVICE 04/30/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Snyder Becker, Leonard Becker, d/b/a Lester Associates, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Notice of Filing of Mechanics' Llen Claim and Mechanics' Lien Claim according to law. 05/0612010 Montgomery County Retum: And now May 6, 2010 at 0905 hours I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that 1 served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sidney Becker, Leonard Becker d/b/a Lester Associates by making known unto Patricia M. Smith, adult in charge for Lester Associates at 111 Presidential Boulevard, PA 19004 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 May 13, 2010 Affirmed and subscribed to before me this NOTARY day of ;C) Co mlySuiln Snort, Teleosofl Inc SHERIFF': OFFICE OF CUMBERLANL BOUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor OFFICE OF THE SHERIFF Gannett Fleming Project Development Corporation vs. Sydney Becker, Leonard Becker, d/b/a Lester Associates Case Number 2010-2920 SHERIFF'S RETURN OF SERVICE 04/30/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Snyder Becker, Leonard Becker, d/b/a Lester Associates, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Notice of Filing of Mechanics' Lien Claim and Mechanics' Lien Claim according to law. 05/06/2010 Montgomery County Return: And now May 6, 2010 at 0905 hours I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sidney Becker, Leonard Becker d/b/a Lester Associates by making known unto Patricia M. Smith, adult in charge for Lester Associates at 111 Presidential Boulevard, PA 19004 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 May 13, 2010 .............. . . ............................................................. .................. .. NOTARY Affirmed and subscribed to before me this day of (c) CoamtySuite Shenff, Teleosoft. Inc. In The Court of Cr mmon Pleas of Cumberland County, Pennsylvania Gannett Fleming Project Development Corporation vs. Sidney Becker, Leonard Becker, d/b/a Lester Associates 111 Presidential Boulevard Bala Cynwyd, PA 19004 Civil No. 2010-2920 Now, April 30, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. of Cumberland County, PA Affidavit of Service 11*1 Now, 'nfi S 2010 , atj2 o'clock __LM, served the within upon ,__& at I H by handing to S A a J r copy of the original ?Cf"T and made known to the contents the`?eo?-, ?m a So answers, C-; o -? rn f7l Sheriff Sworn and subscribed before me this day of ,20_ COSTS SERVICE_ MILEAGE AFFIDAVIT County, PA D n GJ M CERTIFICATE OF SERVICE I hereby certify that on November 22, 2010, a true and correct copy of the foregoing Answers to Preliminary Objections was served by means of United States mail, first class, postage prepaid, upon the following: Travis L. Kreiser, Esquire Kreiser & Associates, P.C. 1300 Lawrence Road Havertown, PA 19083 C hia L. Santone 10 KREISER & ASSOCIATES, P.C. BY: TRAVIS L. KREISER, ESQUIRE KYLE C. NEW, ESQUIRE ATTORNEY I.D. NO. 74807/67046 1300 LAWRENCE ROAD HAVERTOWN, PA 19083 (610) 734-2250 FILED-GFFICE PRO, TH `!! FFLP IS PH 12: ATTORNEY FOR RESP014bt11'Tp SIDNEY BECKER, LEONARD BECKER d/b/a LESTER ASSOCIATES GANNETT FLEMMING PROJECT COURT OF COMMON PLEAS DEVELOPMENT CORPORATION, CUMBERLAND COUNTY, PA Plaintiff. CIVIL ACTION - LAW V. NO. 10-2920 MLP SIDNEY BECKER, LEONARD BECKER d/b/a LESTER ASSOCIATES Defendants. MOTION TO COMPEL RESPONSES TO WRITTEN DISCOVERY Respondents, Sidney Becker, Leonard Becker d/b/a Lester Associates ("Becker"), by and through their undersigned counsel, hereby file this Motion to Compel Discovery against Claimant, Gannett Flemming Project Development Corporation ("Gannett"), in the above- captioned action. 1. This action commenced on April 30, 2010, when Claimant, Gannett, improperly filed a Mechanic's Lien against alleged ownership interests of the Respondents, Becker, in certain real property. 2. In response, Becker filed Preliminary Objections to the Mechanic's Lien. These Preliminary objections are currently pending with the Court, and have not yet been briefed by the parties. 3. On November 1, 2010, counsel for Becker served counsel for Gannett with Defendant's First Request for Production of Documents (the "RPD"). 4. Gannett's answers and objections, if any, to the RPD were due no later than December 1, 2010. 5. Gannett never responded to the RPD. 6. In late November, 2010, during a telephone conversation between counsel for both parties, counsel for Gannett requested and received a brief extension of time within which to respond to the RPD. 7. Thereafter, in correspondence dated January 6, 2011, counsel for Becker noted that sufficient time had elapsed and demanded responses to the overdue discovery within ten (10) days. A copy of said correspondence is attached hereto as Exhibit "A" and incorporated herein by reference. 8. Becker's counsel received no response, written or otherwise, to the letter attached hereto as Exhibit "A." 9. Becker requires that Gannett produce documents in order to properly brief the Preliminary Objections pending before the Court. 10. Becker will be prejudiced if Gannett fails to respond to the outstanding RPD. 11. Becker requests an Order from this Court, compelling Gannett to produce documents. 12. Counsel for Becker certifies that it has made a good faith effort to resolve this discovery issue, but has been unable to do so. Counsel's efforts to resolve this discovery issue are set forth in the correspondence attached hereto as Exhibit "A." As noted above, Gannett's counsel failed to respond to counsel for Becker's written request for the overdue discovery responses, and counsel for Gannett has elected not to contact Becker's counsel regarding discovery. WHEREFORE, Respondents, Sidney Becker, Leonard Becker d/b/a Lester Associates, respectfully request this Honorable Court to enter an Order in the form attached hereto. KREISER & ASSOCIATES, P.C. Dated: February 15, 2011 BY: ?. TRAVIS L. ` ISER, ESQUIRE KYLE C. N , ESQUIRE ATTORNEYS FOR PLAINTIFF KREISER & ASSOCIATES, P.C. BY: TRAVIS L. KREISER, ESQUIRE KYLE C. NEW, ESQUIRE ATTORNEY I.D. NO. 74807/67046 1300 LAWRENCE ROAD HAVERTOWN, PA 19083 (610) 734-2250 ATTORNEY FOR RESPONDENT SIDNEY BECKER, LEONARD BECKER d/b/a LESTER ASSOCIATES GANNETT FLEMMING PROJECT COURT OF COMMON PLEAS DEVELOPMENT CORPORATION, CUMBERLAND COUNTY, PA Plaintiff. CIVIL ACTION - LAW V. NO. 10-2920 MLP SIDNEY BECKER, LEONARD BECKER d/b/a LESTER ASSOCIATES Defendants. CERTIFICATE OF SERVICE I, Kyle C. New, Esquire, hereby certify that a true and correct copy of the foregoing Motion to Compel Responses to Written Discovery was served on February 15, 2011 on all parties by United States Mail, First Class, postage prepaid as follows: Jill Neary Wiekert, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 KREISER & ASSOCIATES, P.C. BY l , v(ttK) TRAVIS ?\KREISER, ESQUIRE KYLE C. J W, ESQUIRE ATTORNEYS FOR PLAINTIFF EXHIBIT A REISER _ASSOCIATES P.C. January 6, 2011 Jill Neary Wiekert, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Re: Gannett Flemming Project Development Corporation v. Sidney Becker, Leonard Becker d/b/a Lester Associates Dear Ms. Wiekert: You have now had sufficient time to settle the above-matter/Lien with Amelia's. Please confirm that the matter is settled. Barring a settlement, I must insist that you provide me with full and complete responses to our outstanding discovery within the next ten days. Ver s vis L. Kreiser TLK/te Enclosure cc: The Becker Management Group (via fax only) JKDean F. Piermattei, Esquire Attorney I.D. No. 53847 Jill Neary Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: dpiermattei@rhoads-sinon.com jweikert@rhoads-sinon.com Attorneys for Claimant GANNETT FLEMING PROJECT DEVELOPMENT CORPORATION, Claimant V. SIDNEY BECKER, LEONARD BECKER, d/b/a LESTER ASSOCIATES Owner lull V?p 18 ???? 4: t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2920 MLP PRAECIPE TO DISCONTINUE. - Safi'S? I TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended, without prejudice. Respectfully submitted, RHOADS & SINON LLP By: 40 n. d(je? Ilek F. Piermattei Ji Weikert One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant 807825.1 ati-i v+•- q53 `tg$ "No-S405 V--O' CERTIFICATE OF SERVICE I hereby certify that on this day of February, 2011, a true and correct copy of the foregoing Praecipe to Discontinue was served by means of United States mail, first class, postage prepaid, upon the following: Travis L. Kreiser, Esquire Kreiser & Associates, P.C. 1300 Lawrence Road Haverton, PA 19083 W ldwo&?? Teresa H. Laughead GANNETT FLEMMING PROJECT IN THE COURT OF COMMON PLEAS OF DEVELOPMENT CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. SIDNEY BECKER, LEONARD BECKER: D/B/A LESTER ASSOCIATES, DEFENDANTS NO. 10-2920 CIVIL IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 23d day of February, 2011, upon consideration of the Defendant's Motion to Compel Responses to Written Discovery, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon the Plaintiff to show cause why the relief requested by the Defendant should not be granted. 2. Plaintiff will provide the discovery requested in the Defendants First Request for Production of Documents or file an Answer to Defendants' Motion to Compel Responses to Written Discovery on or before March 18, 2011. 3. If the Plaintiff does not provide the requested Discovery and files the required Answer, Hearing/Argument on the matter will be held on Tuesday, April 26, 2011, at 8:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. e Of -ke Pm4?h©4?/ a1911 )*A. .-2-7 A.M. P,1,V ?-?+t d tr?GtnG( ?'o a K'-fl+' Peihsy loam By the Court, Nor." W M. L. Ebert, Jr., J Jill Neary Wiekert, Esquire Attorney for Plaintiff ? Travis Kreiser, Esquire Kyle C. New, Esquire Attorneys for Defendants bas Cop; es m a,,j ea a) o311