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HomeMy WebLinkAbout10-7925F1LED-OFFICE OF THE PROTHONOTARY Ceramic Tile Supply Co. Plaintiff The Great Commission Care Communites Inc., et al. Defendant 2Ql0 Q~C ~O Icy; (1 ~ L CU~iOFt~LA~,~~ CCU~iT` P~~~'~~sSY~~A~!'A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N1c.D No. 16- 7`~a 5 20 Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ~} 41~i °° Pp °'~ C~,~ glotogl tai ~ CL~a5a9ao Alyson M. Sciacca, Esquire Pa. Sup. Ct. No. 88963 Macon Marvel Bradley & Anderson, P.A. 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Attorneys for Plaintiff Ceramic Tile Supply Company IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERAMIC TILE SUPPLY COMPANY, 103 Greenbank Road Wilmington, DE 19805 ("Claimant") CIVIL DIVISION CASE NO. ~ b -~~ a J ~ L Plaintiff, -against- MECHANIC'S LIEN THE GREAT COMMISION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Hill, PA 17011 ("Owner") and McCOY BROTHERS, INC., 1514 Commerce Avenue Carlisle, PA 17015 ("General Contractor") and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801 ("Subcontractor") Defendant. {82004.00024 / W0486123}NYOIBUXTJ/1307418.1 Plaintiff Ceramic Tile Supply Company ("Ceramic Tile" and/or "Claimant"), by and through its attorneys, Mazon, Marvel, Bradley & Anderson, P.A., hereby files this mechanics' lien claim against The Great Commission Caze Communities, Inc. dlb/a The Woods at Cedar Run (hereinafter "Owner" and /or "Reputed Owner"), McCoy Brothers, Inc. (hereinafter "McCoy"), and Brandywine Millwork, LLC (hereinafter "Brandywine") pursuant to 49 P.S. § 1503, against the improvements and the estate or title of the Owner, for the payment of all debts due Claimant as a contractor/supplier for materials furnished in the construction of the improvement known as The Woods at Cedaz Run, and located in Cumberland County, Pennsylvania at 824 Lisburn Road, Camp Hill, PA 17011, herein described, and alleges as follows: Claimant, Ceramic Tile, is a Delaware corporation. Ceramic Tile operates a division know as Bath/Kitchen & Tile Supply Company located at 103 Greenbank Road, Wilmington, Delaware 19805. 2. Upon information and belief, The Great Commission Caze Communities, Inc. d/b/a The Woods at Cedaz Run is a Pennsylvania corporation duly licensed and registered to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 824 Lisburn Road, Camp Hill, PA 17011. Upon information and belief, McCoy is a Pennsylvania corporation duly licensed and registered to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 1514 Commerce Avenue, Carlisle, PA 17015. 4. Upon information and belief, Brandywine is Delaware corporation duly licensed and authorized to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 1601 Jessup Street, Wilmington, DE 19801. {82004.00024 / W0486123}NYOIBUXTJ/1307418.1 2 5. Upon information and belief, and after reasonable investigation, the Owner or reputed Owner of the leasehold, property and improvements against whom the claim is filed is The Great Commission Caze Communities, Inc. d/b/a The Woods at Cedar Run. 6. Upon information and belief, and after reasonable investigation, in or azound May 2010, the Owner hired defendant/General Contractor McCoy for purposes of performing and completing certain alterations, improvements and/or repairs in connection with the property located at The Woods at Cedar Run, 824 Lisburn Road, Camp Hill, PA 17011. 7. Upon information and belief, and after reasonable investigation, McCoy then contracted with defendant/Subcontractor Brandywine in furtherance of the performance and completion of said alterations, improvements and/or repairs in connection with the property located at The Woods at Cedaz Run, 824 Lisburn Road, Camp Hill, PA 17011. 8. Claimant and Brandywine agreed in or around June 2010 that Ceramic Tile would supply certain kitchen design services and materials, including but not limited to custom solid surface countertops to Brandywine for use and installation in connection with the property located at The Woods at Cedaz Run, 824 Lisburn Road, Camp Hill, PA 17011. 9. In accordance with their agreement, Claimant delivered said services and materials to Brandywine as agreed upon. Attached hereto collectively as Exhibit "A" aze true and accurate copies of invoices dated July 9, 2010, reflecting the delivery by Claimant and acceptance by Brandywine of the aforesaid materials. 10. The agreed upon price for the services and materials provided by Claimant to Brandywine totaled $19,217.80. 11. Claimant completed the furnishing of the materials, services and equipment that aze the subject of this claim on or about July 9, 2010. {82004.00024 / W0486123}NYOIBUXTJ/1307418.1 3 12. To date, Brandywine has refused to make any payments to Ceramic Tile despite demand. 13. The property subject to this lien is the building located at 824 Lisburn Road, Camp Hill, PA 17011 otherwise known as The Woods at Cedar Run and located in Cumberland County, including all equipment that as part of said structure constitutes fixtures, together with the lot or cartilage appurtenant thereto belonging to the same Owner. 14. This lien is claimed from July 9, 2010, the date Claimant commenced its performance of work in connection with the subject property, herein described and against the Owner's interest in that property. WHEREFORE, Claimant files this claim for mechanic's lien in the amount of $19,217.80, together with interest, costs of suit, and such other relief as this Court deem appropriate. Dated: December ~~ , 2010 MARON MARVEL BRADLEY & ANDERSON, P.A. By: Alyson' Sciacca, Esquire Pa. Sup. Ct. No. 88963 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Attorneys for Plaintiff Ceramic Tile Supply Company {82004.00024 / W0486123}NYOIBUXTJ/1307418.1 4 VERIFICATION Alyson M. Sciacca, deposes and says that I am the attorney of record for Claimant and that the facts set forth in the foregoing Mechanic's Lien Claim aze true and correct to the best of my knowledge, information and belief. I am verifying this claim until a verification from the party can be obtained. I understand that knowingly false statements aze subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. `~~, {82004.00024 / W0486123}NYOIBUXTJ/1307418.1 5 r, ~ '~ C ~ .. r , _ .~ _ r - -- - - - - - r_ ~_~~ -* f -i - ~ ._ - - --- - - - .-_ __ T ~ ~ U1 Q ~ ua ~ r= p m Z d v ~~ ~! J~ a _ u 'O m ~° rn ~ u~ v e _ O c7 ~1 ~ ~ ~oo~;, ccr ~.~ ~ ~~ i u~a o ~ -~ v ~ VJ ~ t.J I~ ~ [•? ~J C~ T C ~. t~ ~ ~~~~. 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EXAMINE YOUR GOODS -NOT RESPONSIBLE FOR SHORTAGE AFTER SIGNING. F'ECIA OR®ERS ARE N-REFUNDABLE +NON-RETURNABLE EXAMINE YOUR GOODS BEFORE SIGNING. AFTER GOODS ARE SIGNED FOR OUR RESPONSIBILITY CEASES. 25% WILL BE CHARGED FOR HANDLING RETURNED STOCK GOODS. TERMS: NET 30 UNLESS OTHERWISE SPECIFIED ON FRONT. A SERVICE CHARGE WILL BE ADDED ON UNPAID BALANCE BEYOND 30 DAYS NET. f`y ~b :; ;a .; ~~:~ : . r.::., ~~ ;~~~: ~„ ~~ 4~.~ ~~,~ ~ ~~~}~, ~~ f ", ~V~, , ~~ ~I ~ j, ~a;~r; ~~ ~~ ATh~~IM EN TILE CENTER EiAT & l~ITCME CENTER E #51-01 ~5~160 TERIUIS: NET 30 UNLESS tJT~iERW~~E SPEClFlED ON FRONT. A FEE WILL BE CHARGED t)N UNPAi. BALANCE BEYOND 3t3 SAYS NET. GOODS SOLD WITH THE UNDERSTANDING THAT WE WILL =URNiSH NEW MATERIAL FOR ANY PROVING DEFECTIVE THROUGH MANUFACTURE, BUT UNDER NO CIRCUMSTANCES SHALL WE BE UNDER ANY LIABILITY OF ANY KIND FOR ANY LABOR OR CONSEQUENTIAL DAMAGES INVOLVED. ANY MATERIAL FURNISHED EMAINS THE PROPERTY OF THIS COMPANY UNTIL FULLY PAID FOR EXAMINE YOUR GOODS -NOT RESPONSIBLE FOR SHORTAGE AFTER SIGNING. SPECI~-L {~RDERS- ARE Nt)N-RE~UNaA~3LE + N.QN-RETURI~A~LE EXAMINE YOUR GOODS BEFORE SIGNING. AFTER GOODS ARE SIGNED FOR OUR RESPONSIBI-CITY CEASES. 25% WILL BE CHARGED FOR HANDLING RETURNED STOCK GOODS. TERMS: NET 30 .UNLESS OTHERWISE SPECIFIED ON FRONT. A SERVICE CHARGE WILL BE ADDED ON UNPAID BALANCE BEYOND 30 DAYS NET. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE ,,',t' t 4!ilutJ ,rtG Jody S Smith OF THE PROTHONOTARY Chief Deputy 2011 JAN 25 PM 12* 28 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Ceramic Tile Supply Company Case Number vs. The Great Commission Care Communities, Inc. (et al.) 2010-7925 SHERIFF'S RETURN OF SERVICE 01/18/2011 06:45 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 18, 2011 at 1845 hours, he served a true copy of the within Notice and Mechanics' Lien Claim, upon the within named defendant, to wit: The Great Commission Care Communities, Inc. d/b/a The Woods at Cedar Run, by making known unto Debie Hollenbach, Administrator for The Great Commission Care Communities, Inc. at 824 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct co of the same. &'Ml? - SHAW G ALL, D 01/21/2011 11:00 AM - William Cline, Corporal, who being duly sworn according to law, states that on January 21, 2011 at 1100 hours, he served a true copy of the within Mechanics' Lien Claim an Notice, upon the within named defendant, to wit: McCoy Brothers, Inc., by making known unto Ronda WicNard, Project Manager for McCoy Brothers, Inc. at 1514 Commerce Avenue, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true a d corr t copy of the same. A ILLIA CLINE, DEPUTY SHERIFF COST: $63.34 SO ANS S, January 24, 2011 R R ANDERSON, SHERIFF NOTARY Affirmed and subscribed to before me this day of J" count?5u le Sher:`!. Te!ecse`( I--, 4 i __ y 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(c)rhoads-sinon.com j wei kcrt(a)rhoads-sinon.com Attorney.for Defendants, The Great Commission Care, Inc. and McCoy Brothers, Inc. CERAMIC TILE SUPPLY COMPANY Claimant V. THE GREAT COMMISSION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run and McCOY BROTHERS, INC. and BRANDYWINE MILLWORK, LLC Defendants {? i ?J "._. g 1 3 u I_ 20 11 FED - 2 1"'1 '1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7925 MLD MECHANIC'S LIEN PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Rhoads & Sinon LLP and Dean F. Piermattei as counsel for Defendants, The Great Commission Care Communities, Inc., d/b/a The Woods t Cedar Run and McCoy Brothers, Inc. RHOADS N Dean F. e ei Jill N. Weikert One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Attorneys for Defendants, The Great Commission Care Conununities, Inc. and McCoy Brothers, Inc. I'- M CERTIFICATE OF SERVICE I hereby certify that on this day of February, 2011, a true and correct copy of the foregoing Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: Alyson M. Sciacca, Esquire Maron, Marvel, Bradley & Anderson, P.A. 1700 Market Street, Suite 1500 Philadelphia, PA 19103 (Attorney for Plaintiff) Brandywine Millwork, LLC 1601 Jessup Street Wilmington, DE 19801 Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Jill N. Weikeit, Esquire Attorney I.D. No. 208055 RHOADS R SINON LLP One South Market Square PO Box 1 146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 E-Mail: dpiermattei(c!rhoads-sinon.com j we i kert(a7rhoads-sinon.com Attornev for 0cl ndants, The Great Commission Care, Inc. and AIcCov Brothers, Inc. CERAMIC TILE SUPPLY COMPANY 103 Greenbank Road Wilmington, DE 19805, Claimant V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7925 MLD MECHANIC'S LIEN THE GREAT COMMISSION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Hill, PA 17011 and McCOY BROTHERS, INC. 1514 Commerce Avenue Carlisle, PA 17015 and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801, Defendants NOTICE TO PLEAD To: Alyson M. Sciacca, Esquire Maron Marvel Bradley & Anderson, P.A. 1700 Market Street, Suite 1500 Philadelphia, PA 19103 f' 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 F.-Mail: dpiermattei(u?rhoads-sinon.com jweikert@rhoads-sinon.com Attorney for Defendants, The Great Commission Care, Inc. and McCoy Brothers, Inc. CERAMIC TILE SUPPLY COMPANY CU H EROURT OF COMMON PLEAS 103 Greenbank Road Wilmington, DE 19805, Claimant NO. 10-7925 MLD V. MECHANIC'S LIEN THE GREAT COMMISSION CARE COMMUNITIES, INC. ; d/b/a The Woods at Cedar Run ; 824 Lisburn Road ; Camp Hill, PA 17011 and McCOY BROTHERS, INC. 1514 Commerce Avenue Carlisle, PA 17015 and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801, Defendants PRELIMINARY OBJECTIONS TO MECHANIC'S LIEN NOW COME Defendants, The Great Commission Care Communities, Inc. d/b/a/ The Woods at Cedar Run and McCoy Brothers, Inc., by their attorneys, Rhoads & Sinon Lt-P, and file I the within Preliminary Objections to the mechanic's lien claim filed by Plaintiff, Ceramic Tile Supply Company pursuant to the Pennsylvania Rules of Civil Procedure and Section 1505 of the Mechanic's Lien law, 49 P.S. § 1505, and in support thereof aver the following: 1. The Great Commission Care Communities, Inc. is a Pennsylvania Corporation with a principal place of business located at 824 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Great Commission"). 2. Great Commission is the Owner of The Woods at Cedar Run, an independent living, assisted and memory care facility located at 824 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania. 3. McCoy Brothers, Inc. ("McCoy") is a Pennsylvania corporation with its principal place of business located at 1514 Commerce Avenue, Carlisle, Cumberland County, Pennsylvania. BACKGROUND 4. On or about December 30, 2010, Plaintiff, Ceramic Tile Supply Company ("Ceramic Tile"), filed the above-captioned Mechanic's Lien Claim against Great Commission, McCoy, and Brandywine Millwork. A true and correct copy of the Lien is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. On or about February 15, 2010, Great Commission, and McCoy entered into an Agreement whereby McCoy was named the Contractor on a project involving alterations and renovations to common areas at the Woods at Cedar Run (the "Project"). A true and correct copy of the Agreement is attached hereto as Exhibit "B." 6. Shortly thereafter, on or about March 31, 2010, McCoy entered into a subcontract with Defendant, Brandywine Millwork ("Brandywine"). Pursuant to the subcontract, 2 Brandywine agreed to furnish all labor, material, equipment and supervision for the complete installation of interior millwork. A true and correct copy of the subcontract between McCoy and Brandywine is attached hereto as Exhibit " C." 7. Subsection 6.6 of the subcontract provides that Brandywine is prohibited from assigning the work under the subcontract without McCoy's express written approval. Nevertheless, Brandywine allegedly hired Ceramic Tile to fabricate, deliver and install materials for the Project without first informing McCoy. 8. Allegedly, Ceramic Tile performed said services and delivered custom countertops to the Property in May 2010 and June 2010. FIRST PRELIMINARY OBJECTION 9. Defendants incorporate by reference paragraphs 1 through 8. 10. Section 1501(b.1) of the Mechanics' Lien law provides: No claim by a subcontractor, whether for erection or construction or alteration or repairs, shall be valid unless, at least thirty (30) days before the same is filed, he shall have given to the owner a formal written notice of his intention to file a claim... 49 P.S. § 1501(b.1). 11. Section 1501(c) further provides the requirements for the formal notice that must be sent to the owner in order to perfect a mechanic's lien claim. The formal notice must include the name of the claimant, the name of the person with whom he contracted, the amount claimed to be due, the general nature and character of the labor and materials furnished; the date of completion of the work for which claim is made, and a brief description of the property subject to the lien. 49 P.S. § 1501(c). 3 I 12. The notice must may be served on the owner by first class, registered or certified mail. 49 P.S. § 1501(d). 13. Ceramic Tile failed to send a formal notice to the Owner or to the Contractor, McCoy, prior to filing the above-captioned lien. 14. Because Ceramic Tile failed to send the formal notice to Defendants in accordance with Section 1501(b.1), Ceramic Tile also failed to conform to Section 1503, which requires the claimant to identify the date on which formal notice of intention to file a claim was given to the owner. 49 P.S. §§ 1501(b.1), 1503. 15. The Mechanics' Lien Law is "a creature of statute in derogation of the common law," and "any questions of interpretation should be resolved in favor of a strict, narrow construction." Wentzel-A pplewood Joint Venture v. 801 Mkt. St. Assocs., LP, 878 A.2d 889, 892 (Pa. Super. 2005) (citing Quarries Inc v Robert M. Koffel Builders, 786 A.2d 998, 1002 (Pa. Super. 2000 (citation omitted), appeal denied, 805 A.2d 525 (2002)). To effectuate a valid mechanic's lien claim, the contractor or subcontractor "must be in strict compliance with the requirements of the Mechanics' Lien Law." Id. 16. A mechanic's lien is an extraordinary remedy, which should only be afforded to subcontractors who judiciously adhere to the requirements of the law. Leeward Construction v. SCP 2007-c27-093 LLC, 2008 Pa. Dist. & Cnty. Dec. LEXIS 138 (Sept. 29, 2008) (sustaining preliminary objections where there are defects in the lien and in the notice). 17. Due to its failure to send the formal notice to Defendants, Ceramic Tile is not in strict compliance with the Mechanic's Lien Law and the claim must: be stricken. WHEREFORE, Defendants, The Great Commission Care Communities, Inc. and McCoy Brothers, Inc., respectfully request that this Honorable Court enter an Order sustaining the 4 foregoing Preliminary Objection and Striking the Mechanic's Lien filed by Ceramic Tile with prejudice. SECOND PRELIMINARY OBJECTION FAILURE TO FILE MECHANIC'S LIEN WITHIN SIX MONTHS OF COMPLETION OF WORK 18. Defendants incorporate by reference paragraphs 1 through 17. 19. Section 1502(a) of the Mechanics' Lien Law requires a claimant to file the claim with the prothonotary as provided by the act within six (6) months after completion of his work in order to perfect the lien. 49 P.S. § 1502(a). 20. The date alleged in the Claim, July 9, 2010, is the date that Ceramic Tile sent its invoice for work completed to Brandywine, not the date that the work for which the claim is made was actually completed. 21. On July 20, 2010, Doug Larrimore, an agent for Ceramic Tile, sent a fax to McCoy with two invoices for the work completed at The Woods at Cedar Run. True and correct copies of the invoices are attached hereto as Exhibit "D" and are incorporated by reference. 22. The first invoice, which indicates that the requested delivery date was May 17, 2010, also has a handwritten note stating that the work was completed in May 2010. 23. The second invoice indicates that the requested delivery date for Ceramic Tile's materials was June 15, 2010 and a handwritten note states that the work was completed in June 2010. 24. It is evident that Ceramic Tile's work on the Project was completed prior to June 30, 2010 and the Mechanic's Lien Claim filed by Ceramic Tile was not timely filed. See 49 P.S. § 1502(a)(1) (claimant must "file a claim with the prothonotary as provided by this act within six months after completion of his work). Accordingly, the Mechanic's Lien must be stricken. 5 WHEREFORE, Defendants, The Great Commission Care Communities, Inc. and McCoy Brothers, Inc., respectfully request that this Honorable Court enter an Order sustaining the foregoing Preliminary Objection and Striking the Mechanic's Lien filed by Ceramic Tile with prejudice. RHOADS & SINON LLP By: -- e . Piermattei Jill N. Weikert One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Attorneys for Defendants, The Great Commission Care Communities, Inc. and McCoy Brothers, Inc. 6 VERIFICATION Robert Ganoc, deposes and says, subject to the penalties of 13 Pa. C.S. 14904 relating to unworn falsification to authorities, that he is the President of McCoy Bros. Inc., that he makes this verification by its authority and that the facts set forth in the Preliminary Objections to Mechanics' Lien are true and correct to the best of his knowledge, information and belief. Date A Robert Ganoe, President, McCoy Bros., Inc. m x z Q D 7 i?r 'FILED-,OFFICE OF THE PROTHONOTARY 2010 DEC 30 AM 11: 26 OUPENNSYLVANIA TY Ceramic Tile Supply Co. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA The Great Commission Care Communites Inc., et al. Defendant NO. - -L -D 20 : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS S& FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH TIE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 TRUE COPY-FROM RECORD In Testimony whereof -j hem unto set my hand and the of said; gvrtat Carlisle, Pa. r Ibis day of 6gt 20 Alyson M. Sciacca, Esquire Pa. Sup. Ct. No. 88963 Maron Marvel Bradley & Anderson, P.A. 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215)231-7100 Fax: (215) 231-7101 Attorneys for Plaintiff Ceramic Tile Supply Company IN THE COURT OF COMMON.PLEAS 'CUMBERLAND COUNTY, PENNSYLVANIA CERAMIC TILE SUPPLY COMPANY, 103 Greenbank Road Wilmington, DE 19805 ("Claimant"} CIVIL DIVISION CASE NO. Plaintiff, -against- MECHANIC'S LIEN THE GREAT COMMISION CARE COMMUrrMES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Dill, PA 17011 ("Ovine'°') and McCOY BROTHERS, INC., 1514 Commerce Avenue Carlisle, PA 17015 ("General Contractor') and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington,_DE 19801 ("Subcontraetor'l Defendant. {82004.00024 / W0486123}NYD11BU)M/1307418.1 Plaintiff Ceramic Tile Supply Company ("Ceramic Tile" and/or "Claimant', by and through its attorneys, Maron, Marvel, Bradley & Anderson, P.A., hereby files this mechanics' lien claim against The Great Commission Care Communities, Inc. d/b/a The Woods at Cedar Run (hereinafter "Owner" and /or "Reputed Owner), McCoy Brothers, Inc. (hereinafter "McCoy"), and Brandywine Millwork, LLC (hereinafter "Brandywine") pursuant to 49 P.S. § 1503, against the improvements and the estate or title of the Owner, for the payment of all debts due Claimant as a contractor/supplier for materials famished in the construction of the improvement known as The Woods at Cedar Run, and located in Cumberland County, Pennsylvania at 824 Lisburn Road, Camp fill, PA 17011, herein described, and alleges as follows: 1. Claimant, Ceramic Tile, is a Delaware corporation. Ceramic Tile operates a division know as Bath/Kitchen & Tile Supply Company located at 103 Greenbank Road, Wilmington, Delaware 19805. 2. Upon information and belief, The Great Commission Care Communities, Inc. d/b/a The Woods at Cedar Rua is a Pennsylvania corporation duly licensed and registered to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 824 Lisburn Road, Camp Hill, PA 17011. 3. Upon information and belief, McCoy is a Pennsylvania corporation duly licensed and registered to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 1514 Commerce Avenue, Carlisle, PA 17015. 4. Upon information and belief, Brandywine is Delaware corporation duly licensed and authorized to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 1601 Jessup Street, Wilmington, DE 19801. {82004.00024! W0W123}NY0IBIJXTJ/1307418.1 .2 r 5. Upon information and belief, and after reasonable investigation, the Owner or reputed Owner of the-leasehold, property and improvements against whom the claim is filed is The Great Commission Care Communities, inc. d/b/a The Woods at Cedar Run. 6. Upon information and belief, and after reasonable investigation, in or . around May 2010, the Owner hired defendant/General Contractor McCoy for purposes of performing and completing certain alterations, improvements and/or repairs in connection with the property located at The Woods at Cedar Run, 824 Lisburn Road, Camp Hill, PA 17011. 7. Upon information and belief, and after reasonable investigation, McCoy then contracted with defendant/Subcontractor Brandywine in furtherance of the performance and completion of said alterations, improvements and/or repairs in connection with the property located at The Woods at Cedar Run, 824 Lisburn Road, Camp Hill, PA 17011. 8. Claimant and Brandywine agreed in or around June 2010 that Ceramic Tile would supply certain kitchen design services and materials, including but not limited to custom solid surface countertops to Brandywine for use and installation in connection with the property located at The Woods at Cedar Run, 824 Lisburn Road, Camp Hill, PA 17011. 9. In accordance with their agrement," Claimant delivered said services and materials to Brandywine as agreed upon. Attached hereto collectively as Exhibit "A" are tare and accurate copies of invoices dated July 9, 2010, reflecting the delivery by Claimant and acceptance by Brandywine of the aforesaid materials. 10. The agreed upon price for the services and materials provided by Claimant to Brandywine totaled. $19,217.80. 11. Claimant completed the finnishing of the materials, services and equipment that are the subject of this claim on old about My 9, 2010. (82004.00024 / W04UI23)NY0IMUXT]/1307418.1 3 12, To date, Brandywine has refused t0 make any payments to Ceramic Tile despite demand. 13. The property subject to this lien is the building located at 824 Lisburn Road, Camp Hill, PA 17011 otherwise known as The Woods at Cedar Run and located in Cumberland County, including all equipment that as part of said structure constitutes fixtures, together with the lot or cartilage appurtenant thereto belonging to the same Owner. 14. This lien is claimed from 7uly 9, 2010, the date Claimant commenced its performance of work in connection with the subject property, herein described and against the Owner's interest in that property. WHEREFORE, Claimant files this claim for mechanic's lien in the amount of $19,217.80, together with interest, costs of suit, and such other relief as this Court deem appropriate. MARON MARVEL BRADLEY & ANDERSON, P.A. By: Alysow Sciacca, Esquire Pa. Sup. Ct. No. 88963 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Attorneys for Plaintiff Ceramic Tile Supply Company Dated: December '- ? , 2010 {82004.004241 W04&123}NY0VBUXTif130741 8.1 4 VERIFICATI N Alyson M. Sciacca, deposes and says that I am the attorney of record for Claimant and that the facts set forth in the foregoing Mechanic's Lien Claim are true and correct to the best of my knowledge, information and belief. I am verifying this claim until a verification from the party can be obtained. I understand that knowingly false statements are subject to the-penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsifications to authorities. {82004.0002+4 / W0486I23}NYOI/3UXTJ/1307418.1 x td ?. U I {' BATH/KITCHEN & TILE-SUPPLY COMPANY A DMSION OF CERAMIC TILE SUPPLY COMPANY 3aeTercna of stla on Rain ' ?11 BOX 2680 • WII.M10TON, DELmARE 19005 O P ti +. ? . . PHONE: (302) 992-9210 SOMME: CONFwMATKM of ORDER i To a ii I N V O I C E Involce# 2151]66 F SRAIgDYWINE MILLWORK Ship Tan l 1601 JESSUP ST THE WOODS @ CEDAR RUN WILMINGTON DE 19801 824 LISBURN ROAD CAMPHILL PA 302-723-6530 4s ! PIERMS CPO # c 10 )LD By- INVOICE 9 I E ° '+1 P!1 ' 7/09 "N' 15 TARnNj MR Mr, +ss' r . ":'` ART ?''• ' "'+'ts '~^'?'? pE$ A1PTt0 ?r '' f1,' `r:?t UOAA 1. • ` RDEl D t mpED • y?; • ,,B/Q'.: ..'P .$;t-' . ;ft w.. ?, ,, .., Cr a ' u+ ' .. 12 i1. PIi1CE 0• i { Sales' rder# 97068.90 Deliver" e'd • 07/09/2014 Job# 71885 - THE WOOD Lot# THE WOODS job# 711 i A-QY 6650.40 E UUTE INSTALLED ( USTOM-80LID SURFACE COUNTED TOPS 1 1 S-COUNTERTOP EA (?„? ', OP SHOP u u t tt. O## •4.8877 nt! tt•I1 EE DRAWINGS FOR COLORS ' 'OD V TERMS: -N T "•' Subt o•tal..... f - Al "Sales Tax On 61650.00 'TOTAL DUE..... el )I 0 -n m :e_ C m m z >m > z m c c w o M mZM?mCO z G) nwC7?-Cpl C? m D?-- o 0 -a © r- 03 --1 L"7 > c O C O O m> C M O 03 G) rr- O ?M 0-1> >Z 0-CG) Zr- mmmb 0 0 0 -n 05-tn0CDvJ ? m I -nC??m03: -n rn -n C M M Cf) x cn C5 o z © > ? m CO m `" nj C-) m o crCl) z m zc4mmPi? ao cn U'3 C- M --n -4 m z p D Z m ,mo Nm ? ohm.-<rnm3: Q cn - 2 r-- U) C? > mo??? C?r.UJ-r< >z0 O3: -n0>n?m r- -n r 0 Z ?> U? M 0? rn m m mom om m z C _ r M m z? • 0 r 0 M m m 4 ?C?0 CA z m -m0 Z. 11- m z 9k BATWKITCHEN & TILE SUPPLY COMPANY A DIVISION OF CERAMIC TILE SUPPLY COMPANY SeeTm+cofSdaanRevme r_ P.O. BOX 2680 • WILMIIdWON, DELAWARE 19BOS 't PHONE: 004 992-0210 0014ATUAE: `rye'' 5 I N U CI I C E CONFIRMATION OF ORDER & TE Br To Invoice# 213567 P1 ! 1 BRANPYWINE MILLWORK Ship To: 1601 JESSUP ST THE WOODS 0 CEDAR RUN II V WILMINGTON DE 19801 824 L I SBU RN ROAD ?•1? CAMPH I LL PA 142-723-6530 , TERMS 4' O E ORL ET 75 BRANDY-Mll_ CDR F6 7/09/2010 6/08. ' ,P141CE° `oiip?l p"a SHIPPED .d- ;g/0'. ju6m .h ,. Sales rder# 17792.04 Delivered 07/09/2014 Job# 71885 THE WOOD Lot # THE WOODS Job#T: 7181 I.I. c 11480. U0 It, r I' L1QTE INSTALLED USTOM SOLID SURFACE COUNTER TOPS OQMS 125 & 131. 1 i I S UNTERTOP EA OP SHOP 1 O# 4697x+ f,1 EE DRAWINGS D BE TEMPLATED TERMS: N ET Subtotal. .... 11: I•!.i. PA1 Sales Tax On 11,480.00 I I' . TOTAL DUE..... ri C C CI) () Z m cc!'Di msrrtrn?mCA C7 w d C: m 0 r- <- rr > C a 0 G) . m 0 r? ° o Q? m m M r wwmm itoa>azz z z > > * - 2 z ca Z __jM t?z?>ZMG) >00.1 D M O. mam 0 -n Z 0 U) m -C m m? m o G) -c -9 G) Z a a Cf)i--r--cAT_* ? . . oo? -na a 0 C:X m m:..? m> G)5cf) M0 z m m O m m 'p rR J t 11• _7 G }.i , ?,2)'1' I AIA Document A101T" -2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Fifteenth day of February in the year Two Thousand and Ten ADDITIONS AND DELETIONS: (In titeords, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Owner. completion. The author may also I (Name, address and other information) have revised the text of the original AIA standard form. An Addt7bns and IntegraCare Corporation, as agent for, Deletions Report that notes added The Great Commission Care Communities, Inc, information as well as revisions to 6600 Brooktree Court the standard form text is available Suite 1000 from the author and should be PA 15090 Wexford reviewed. A vertical line in the left , margin of this document indicates where the author has added and the Contractor: necessary information and where (Name, address and other information) the author has added to or deleted from the original AIA text. McCoy Brothers, Inc. 1514 Commerce Avenue This document has important legal P.O. Box 7300 consequences. Consultation with an Carlisle, PA 17013 attorney is encouraged with respect to its completion or modification. for the following Project: AIA Document A201 TM-2007, (Name, location and detailed description) General Conditions of the Contract for Construction, is adopted in this Alterations and Renovations to the First and Second Floor Common Areas and Porch document by reference. Do not use Addition at IntegraCare, Woods at Cedar Run Assisted Living and Memory Care Facility with other general conditions unless 824 Lisburn Road this document is modified. Camp Hill, PA 17011 The Architect: (Name, address and other information) Lami Grubb Architects, LP 100 East Swissvale Avenue Pittsburgh, PA 15218 The Owner and Contractor agree as follows. M AIA Document At o1 ^' - 2007. Copyright ®1915, 1916, 1925, 1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. AN rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distriMrtion of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the l maximum extent possible under the law This document was produced by AIA software at 15:11:20 on 02113!2010 under Order No.86 76 526 59 3-1 which expires on 12/1212010, and is not for resale. User Notes: (2002871406) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be feed in a notice to proceed.) Date of Commencement is March 15, 2010 If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Eighty (180) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101O1 - 2007. Copyright ®1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974,1977, 1987, 1991, 1997 and 2007 by The American Init. Instl9ute of Architects. M rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA° Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extant possible under the law. This document was produced by AIA software at 15:11:20 on 02/1312010 under Order No.8676526593 1 which expires on 1211212010, and Is not for resale. User Notes: (2002871406) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's;performance of the Contract. The Contract Sum shall be Six Hundred Ninety Nine Thousand Four Hundred Twenty Four Dollars and no cents ($ 699,424.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: See Exhibit "A" for Summary of Base Bid, Accepted Alternates, Value Engineering and Revisions. (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any. (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Cabinetry Carpeting Flooring - Forbo Flooring - T-1 Flooring - T-2 Flooring - VCT Flooring - Plank Units and Limitations Price Per Unit S 688.00 per If. $ 36.00 per yd. + Labor $ 5.25 per sf. $ 8.25 per sf $ 9.50 per sf. S 2.90 per sf. $ 4.85 per sf. § 4.4 Allowances included in the Contract Sum, if any. (Identify allowance and state exclusions, if any, from the allowance price) Item Price Planting materials around the new porch $ 2,000.00 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as.provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1st day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 25th day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Twenty Five ( 25 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) AIA Document A101 TO -2007. Copyright 0`1915,1918,1925.1937,1951,11958, 1961, 1963, 1987, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the taw. This document was produced by AIA software at 15:11:20 on 0 211 31201 0 under Order No.8676526593 1 which expires on 12/11 2120 10, and is not for resale. User Notes: (2002871406) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum ). allocated to that portion of the Work in the schedule of values, less retainage of Ten Percent ( 100/6 Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201T"' 2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten Percent( 100/6 ); .3 Subtract the aggregate of previous payments made by the Owner, and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofAL4 Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended prior to Substantial Completion of the entire World to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) Retainage reduced to Five Percent (5016) upon completion of fifty-percent of the project. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 521 Final payment, constituting the entire unpaid balance of the Contract Sum, shall: be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.22 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101" - 2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958,1961, 1963, 1967, 1974,1977, 1987, 1991, 1997 and 2007 by The American Ink. Instihrte of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and Intemationai Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of 1L may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:11:20 on 02/1312010 under Order No.8676626593-1 which expires on 1211212010, and is not for resale. User Notes: (2002871406) ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 61 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [X] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 71 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 72 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if arty.) Eight Percent (8%) per annum § 8.3 The Owner's representative: (Name, address and other information) Matt Wrubelsky IntegreCare, Inc. 6600 Brocktree Court, Suite 1000 Wexford, PA 15090 Phone: (724) 940-5544 - Ext 121 Cell: (412) 526-5996 Fax. (724) 940-5511 E-Mail: mwrubleskv(a.,intelzracare.coni Init. AIA Document A101 r" - 2007. Copyright ®1915, 1918,1925,1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977,1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAz Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA? Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:11:20 on 0211312010 under Order No.8676526593_1 which expires on 12112!2010, and is not for resale. User Notes: (2002871406) § 8.4 The Contractor's representative: (Name, address and other information) Michael Heefner McCoy Brothers, Inc. 1514 Commerce Avenue Carlisle, PA 17015 Phone: (717) 241-2023 - Ext. 204 Cell: (717) 385-7711 Fax: (717) 241-2055 E-Mail: mheefner@mccoybrothers.com § 6.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document Al01-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: "B" (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: AIA Document A101"- 2007. Copyright ®1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AW Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:11:20 on 02113/2010 under Order No.8676526593_1 which expires on 12112!2010, and is not for resale. User Notes: (2002871406) AIA Document E201Tm-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. ALA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONS The Contractor shall purchase and maintain insurance and provide bonds as set forth below and in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 of ALA Document A201-2007.) Type of insurance or bond Limit of liabiity or bond amount ($ 0.00) General Liability $1,000,000.00 See Attached Copy of Certificate of Liability Insurance and Attachment I for Additional Terms and Conditions. This Agreement entered into as of the day and year first written a ?t - OWNER (Signature) CONTRACTOR (Signature) Eric Stoltz, V.P. of Development & Acquisitions' Robert C. Ganoe, President IntegraCare Corporation, as Agent for The Great McCoy Brothers, Inc. ssiion Care Communities Inc /i . ) G.A . Tlei /Rain, r / A,A C. NAr.+jc- law (Printed name and title) (Printed name and title) AIA Document A101 TM -2007. Copyright ®1915, 1918, 1925,1937, 1951, 1958, 1961, 1983, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. InstItule of Architects. All rights reserved. WARNING: This AUte Document is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AI0 Document, or any portion of it, may result in seven civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:11:20 on 0211312010 under Order No.8676526593 1 which expires on 12/1212010, and Is not for resale. User Notes: (2002871406) ?????? B ro GENERAL CONTRACTORS 1514 COMMERCE AVENUE, P.O. BOX 7300 CARLISLE, PA 17013 MARCH 12, 2010 LUMP SUM SUBCONTRACT ORDER #09-076-15 CHARGE TO: #09-076 RECE. APR S 2010 CONTRACTOR McCOV BROS. iNC. Name: McCoy Brothers, Inc. Project Manager: Michael E. Heefner Address: 1514 Commerce Avenue (17015) (717) 385-7711 PO Box 7300 mheefnerO-Mccoybrothers.com City-State-Zip: Carlisle, PA 17013 Project Foreman: Dave Wolfe Attention: Danny V. Swearingen, Senior Estimator (717) 422-4080 Email: dswearinaen0l)mccoybrothers.com Office Phone: (717) 241-2023 Ext. 211 Office Fax: (717) 241-2055 SUBCONTRACTOR Name: Address: City-State-Zip: Attention: Office Phone: Office Fax: PROJECT OWNER Name: The Woods at Cedar Run - Phase Two Name: IntegraCare Corporation Address: 824 Lisburn Road Address: 6600 Brooktree Court, Suite 1000 City-State-Zip: Camp Hill, PA 17011 City-State-Zip: Pittsburgh, PA 15218 Attention: Mr. Eric Stoltz ARCHITECT Name: Address: City-State-Zip: Attention: Phone: Fax: Brandywine Millwork 1601 Jessup Street Wilmington, DE 19802 Mark Werner Sr. 302-652-6301 302-652-6349 Lami Grubb Architects, LP 100 East Swissvale Avenue Pittsburgh, PA 15218 Mr. Jim Noe 412-243-3430 412-371-1586 Article 1.The Work of the Subcontract: The Contractor accepts your proposal to fumish all labor, material, equipment and/or supervision for the complete installation of interior millwork required per your proposal dated 07/15109, E-mail dated 01/25/10, and revised proposal dated 11/25/09. Scope of work shall be based upon the plans and specifications as outlined within Article 5 Subcontract Documents and the following outline of items: 1.1 Scope of Work 1st Floor: 1. Reception 101 - Crown, chair rail, casing, interior window, tapered columns w/bases, PTAC cover, plinths & jambs, interior window & door headers. 2. Corridor 102 - Crown, chair rail, casing, interior window, tapered columns. 3. Living Room 103 - Crown, chair rail, beam covers, PTAC cover, interior window & door header, applied window muntins, raised panel jambs, wainscot, plinths, wood base and fireplace mantle. 4. Library 104 - Crown, casing & plinths, PTAC cover, plam countertop, stain grade open shelves and cabinets, fireplace mantle. 5. Lobby 105 - Corbel detail box with solid surface top, crown, chair rail, base, art glass & frame, casing, plinths, and applied muntins. 6. Foyer 108 - Crown, chair rail, header, raised panel shown on 5/A601. 7. Copy/Fax 110 - Plam cabinets and countertop. 8. Accountant 111 - Plam countertop (file cabinets by owner) 9. Executive Director 112 - Crown, chair rail, open shelf unit, casing. 10. Corridor 114 - Crown, chair rail, casing, plinths, interior window & door header, applied muntins, hand rail. 11. Movie Room 116 - Crown, chair rail, casing and plinths, interior window and door header, panel molding, stain grade cabinets, plam countertops. 12. Country Kitchen 118 - Crown, chair rail, casing & plinths, window & door headers, PTAC covers, tapered column & bases, stain grade cabinets, solid surface countertops. 13. Corridor 119 & Sitting 127 - Crown, chair rail, casing & plinths, tapered column, jambs &'/2 height sidelites & transom. 14. Club Room 120 - Crown, chair rail, casing, jambs & plinths, window & door headers, applied muntins to doors, stain grade cabinets, solid surface countertops. 15. Billiards 122 - PTAC cover, crown, chair rail, casing, jambs & plinths, window & door headers. 16. Corridor 128 -Window unit, applied muntins windows and doors, crown chair rail, casing, jambs & plinths, window and door header, handrail. 17. Chapel 129 - Crown, chair rail, casing & plinths, PTAC cover, lean rail, window & door header. 18. Sun Room 130 - Planter, crown, chair rail, casing & plinths, window & door header. 19. Hair Salon 131 - Plam cabinets, solid surface countertops, chair rail, window & door header, casing & plinths. 20. Exercise Room 133 - Chair rail, window unit w/trim both sides. 21. Country Kitchen #2/Activity Room 201 - Crown, chair rail, casing & plinths, window & door headers, PTAC covers, tapered column & bases, stain grade cabinets, solid surface countertops, applied muntins on doors & windows. 22. Restroom 202 - ADA sink panel (countertop to be reused). 23. Corridor 200 - Handrail, tapered columns. 24. Drug Area 204 -Plam cabinets & countertops, new cabinet doors. 25. Wellness 205 - New cabinet over electric panel. 26. Living Room 206 - Crown, chair rail, casing & plinths, interior window unit, window & door header, applied muntins on doors & windows, tapered columns. 27. Dining Room 207 - Crown, chair rail, casing & plinths, raised panel jambs, window & door headers. 28. Sunroom 208 - Crown, chair rail, casing & plinths, PTAC cover, window & door header. 29. Club Room 210 - Crown, chair rail, casing & plinths, window & door header, interior window unit, applied muntins, . fireplace mantle, tapered columns. 30. Installation of all listed items. 31. Daily cleanup of your work is an absolute requirement. Final cleanup of your work is to include the removal of all excess material off site. 1.2 Exclusions/Clarifications as follows: 1. Stain grade cabinets - Arlstocraft per specifications. 2. All trim to be prefinished or primed as required. 3. All in-wall blocking by others. Article 2. Time of Final Comple" is 2.1 The Subcontractor shall achieve final completion of entire work to the satisfaction of McCoy Brothers, Inc. and the Owner within the required workdays, to maintain jobsite progress schedule. On site work is to commence on 03/15/10 and be completed by 09/10/10. Work to be coordinated as required to maintain jobsite progress. 2.2 For failure to commence and complete his work on time, the Subcontractor shall be subject to damages and remedies by the Contractor as set forth in other portions of this Agreement. Article 3. Subcontract Sum: 3.1 McCoy Bros., Inc. shall pay the Subcontractor in current funds for the Subcontractor's performance of the subcontract the sum of: Base Bid Amount: Ninety Seven Thousand Nine Hundred Thirty Dollars and 00/100 ................ $135,171.00 Add for Rev 3 - Country Kitchen revised layout ....................................... $1,617.00 Add for Rev 5 - Country Kitchen #2 revised ADA sink ............................... $450.00 Deduct for Rev 6 - Delete cabinets in Drug Area ....................................... -$561.00 3.2 The Subcontract sum is based upon the following alternates, if any, which are described in the Subcontract Documents and are hereby accepted by McCoy Brothers, Inc. and the Owner. Alternate Prices - Accepted: Alternate 01 - Front Canopy improvements ........... N/A TOTAL SUBCONTRACT AMOUNT: One Hundred Thirty Six Thousand Six Hundred Seventy Seven Dollars and 001100 ........ $136.677.00 3.3 Subcontract Sum Cost Breakdown: N/A 3.4 The following unit prices have been accepted by the Owner, and McCoy Brothers, Inc.: N/A Article 4. Payment: 4.1 Payment as used in this clause shall include retainage, progress payments, payment for change orders and extra work, and final payment. 4.2 The Subcontractor hereby acknowledges that it relies solely and exclusively on the credit of the Owner, not McCoy Brothers, Inc. for payment of work. 4.3 McCoy Brothers, Inc. shall pay the subcontractor monthly payments on the basis of invoices 1AIA certificate of payment documents G702 and G703 required, which are to be submitted on or before the 25 of each month, representing the actual amount of labor performed and /or material delivered and installed/stored (if approved by the Owner) during the month. When McCoy Brothers, Inc. invoice has been approved and payment received from the Owner, payment of 90% of the full or proportional amount received from the Owner for the Subcontractors work will be made to the subcontractor by the 1 0th day after receipt of payment by McCoy Brothers, Inc. from the Owner. 4.4 The retained percentage wil' paid within 10 days after McCoy Brother, ?c. receives the retainage allocable to the subcontractor's work from the Jwner. If the Owner is not withholding retai..dge, but McCoy Brothers, Inc. is pursuant to this Subcontract. McCoy Brothers, Inc. will pay amount so retained, within thirty (30) days after final acceptance of the work by the Owner. Upon demand by McCoy Brothers, Inc. and before payment of any retainage to Subcontractor, the Subcontractor shall provide a properly executed Release of Liens form acceptable to McCoy Brothers, Inc. 4.5 Invoices received after the 25th of the month will NOT be processed for current billing cycle. Article 5. Subcontract Documents: In accordance with construction documents, including certain plans and specifications prepared by: 5.1 List of Documents Architectural Drawings as oreoared by: Lami Grubb Architects, LP 100 East Swissvale Avenue Pittsburgh, PA 15218 Drawin gs Named & Numbered Dated Rev. # Rev. Date CS Cover Sheet 01805109 8 02/08110 A000 General Notes, Site Plan, Abbreviation 06/05/09 6 10/28/09 A001 Door Schedule, Types & Details 06105109 6 10/28/09 A002 Specifications 06105/09 A003 Specifications 06/05/09 A004 ANSI Details 06105/09 2 06/23/09 D110 First Floor Demo Plan 06105/09 D120 Second Floor Demo Plan 06/05/09 A100 Exterior Plan 06/05/09 6 10/28/09 A110 First Floor Plan 06/05/09 6 10/28/09 A111 Partial First Floor Plan 06/05/09 3 08/18/09 Al 20 Second Floor Plan 06/05109 8 02/08110 Al 21 Second Floor Plan 06105/09 2 06123/09 A200 Exterior Elevations 06/05/09 6 10/28/09 A201 Entry Renovations 06/05/09 6 10/28/09 A410 First Floor Reflected Ceiling Plan 06/05/09 6 10/28/10 A411 First Floor Reflected Ceiling Plans 06/05/09 6 10128/09 A420 Second Floor Reflected Ceiling Plan 06/05/09 3 08118109 A500 Detail Sections 06/05/09 6 10/28109 A600 Interior Elevations 06/05/09 2 07/01109 A601 Interior Elevations 06/05109 6 10/28/09 A602 Interior Elevations 06/05/09 6 10/28/09 A603 Interior Elevations 06/05/09 6 10/28/09 A604 Interior Elevations 06/05/09 2 07/01/09 A605 Interior Elevations 06/05/09 6 10/28/09 A606 Interior Elevations 06/05/09 6 10128109 A607 Interior Elevations & Section Details 06/05/09 2 07/01/09 A608 Casework Sections 06/05/09 6 10/28/09 A609 Interior Elevations ADD/Alt #3 06/05/09 4 09/18/09 A610 First Floor Flooring Finish Plan 06/05/09 1 06117/09 A611 First Floor Wall Finish Plan 06/05/09 A612 Finish Schedule Legend & Notes 06/05/09 2 06/23/09 A620 Second Floor Finishes Plan 06/05109 1 06/17/09 A621 Second Floor Wall Finishes Plan 06105/09 A622 Second Floor Finish Schedule & Notes 06105109 2 06/23109 A710 First Floor Furniture Plan 06105/09 A720 Second Floor Furniture Plan 06105109 4 MEP Drawings as areoared by. Allen & Shariff Engineering 700 River Avenue, Suite 333 Pittsburgh, PA 15212 Drawings Named _& Numbered Dated E100 Electrical Symbols & Abbreviations 06/05/09 E101 Electrical Specifications 06/05/09 E102 Electrical Specifications 06105/09 E103 Electrical Details 06/05109 El 04 Electrical Details 06105109 E201 First Floor Elect Demo Plan 06/05109 E202 Second Floor Electrical Demo Plan 06/05/09 E301 First Floor Lighting Plan 06105/09 E302 Second Floor Lighting Alarm Plan 06/05/09 E401 First Floor Power Plan 06105/09 E402 Second Floor Power Plan 06/05/09 E501 First Floor Fire Alarm Plan 06/05/09 E502 Second Floor Fire Alarm Plan 06/05/09 F100 Fire Protection Specifications 06/05/09 F101 Fire Protection Specifications 06/05/09 F201 First Floor Fire Protection Demo Plan 06/05/09 F202 Second Floor Fire Protection Demo Plan 06/05/09 F301 First Floor Fire Protection Plan 06/05/09 F302 Second Floor Fire Protection Plan 06/05/09 M100 Mechanical Specifications 06105109 M101 Mechanical Specifications 06/05/09 M102 Mechanical Schedules & Legend 06/05109 M201 First Floor Mech. Demo Plan 06/05/09 M202 Second Floor Mech. Demo Plan 06/05/09 M301 First Floor Mechanical Plan 06/05/09 M302 Second Floor Mech. Plan 06105/09 M401 Mechanical Details 06/05/09 P100 Plumbing Specifications P101 Plumbing Specifications P201 First Floor Plumbing Demo Plan P202 Second Floor Plumbing Demo Plan P301 First Floor Plumbing Plan P302 Second Floor Plumbing Plan P303 Underground Plumbing Plan P400 Plumbing Schedule, Details & Legend 5.2 Submittals Rev. # Rev. Date 8 8 11/11/09 11/11/09 8 8 31 7' 8 11/11/09 11/11/09 08/18/09 11/05/09 11/11/09 3 3 08/18/09 08/18/09 06/05/09 06/05/09 06105/09 06/05/09 06/05/09 8 11/11/09 06/05/09 8 11/11/09 06/05/09 06/05/09 8 11/11109 • Shop drawings - six (6) copies. • Project catalog data - six (6) copies. • Schedule of values. • Certificate of Insurance. Article 6. Additional Terms: 6.1 It is agreed that compensation for extra labor or materials furnished which are not included here shall be payable only, if authorized in writing by the Contractor prior to starting furnishing extra labor or materials. 6.2 You hereby acknowledge that opportunity has been given to you to acquaint yourself fully with the contract between the Contractor and the Owner and accompanying specifications and drawings and accordingly and to the extent that the said contract, specifications and drawings apply to or involve the work and materials, to be done or supplied by you. You agree to and shall be bound by the terms and provisions of the said specifications and drawings as though they are physically incorporated in this document. 6.3 It is acknowledged and agreed that you are an independent contractor and are solely liable for acts and negligence, if any, of your employees, agents and of yourself and you agree to save the Contractor and Owner safe and harmless from any claim or liability therefore. 6.4 No separate understandings or agreements of any kind will be entered into by you and the Owner and/or his architect or agents relative to any original or extra work contemplated by this agreement unless the same is first approved in writing by the Contractor. 6.5 You shall have actual responsibility for complying with the standards set forth in the Rules and Regulations promulgation pursuant to the Construction Safety Act (40USC 327) to the extent applicable to your portion of the work and you shall indemnify, and save harmless in connection therewith. 6.6 This contract shall not be assigned by you, without the Contractor's express written approval. 6.7 Should you fail at any time to supply a sufficient and proper number of skilled workmen or a sufficient quantity and quality of materials or fail in any respect to prosecute and perform the work covered by this subcontract with promptness and diligence or fail to abide by any of the agreements contained herein, or should any workmen performing work covered by this subcontract engage in a strike or other work stoppage, or cease to work due to picketing or other such activity, the Contractor may at its opinion and without prejudice to any remedies after forty- eight (48) hours written notice to you, provide any such labor and material and deduct the cost thereof from any monies then due or that become due; and further, in the event of any default such as described above, the Contractor may, without prejudice to any other rights, terminate the employment of Subcontractor for the work under this Subcontract, obtain a replacement and/or finish the work itself, and that the defaulting Subcontractor is responsible for increased cost, expense or damages which the Contractor incurs, as a result of the default. 6.8 This Subcontract includes all the agreements between Contractor and the Subcontractor for the specific project name herein, and any changes hereto shall be made in writing and executed by both the Contractor and Subcontractor. 6.9 Subcontractor to furnish all labor and equipment to clean and remove from site all dirt and debris left at completion of work or duration of work required by the Contractor. 6.10To the extent Subcontractor's failure to perform in accordance with the terms, condition and time periods set forth in the Subcontract Agreement cause Contractor to be liable for damages and/or penalties to Owner, Subcontractor agrees to indemnify and hold harmless Contractor from any such damages and/or penalties. Article 7. Acceptance: Your signature below acknowledges that you have fully read and accepted this contract and the conditions as outlined within. Accepted this j a of , 2010 Au ignature Subcontracto Note: Please sign and return both documents to my attention within ten (10) working days after receipt of subcontract. An executed document will be sent to your office. OT,P il, Jul.28. 2010 2:28PM No-3784 P. 1/3 102 ALRE DPJVk , UW*PX D@ 19708 SHOP - (302)7374968 CQN MPXIAL DIVISION - (302)737-6409 FAX -- (302) 737-7666 C OY ?V f`??I? m C ? 7 ?J 1 ? TO., DAT. ATTN' ?cJ O G pr? U C TxME• FROM- ?0uo1 ?Q?MOne REF'/MESSAGE: W 0P-\-4 dort P* --r?c wofl.jS TOTAL # 01' PAGES, INCLUDING COVER• SHEET : 3 pT;(-- ?IF?YOU DO NOT RECEIVE ALL PAGES A9 INDICATED, PI;EAS$ CALL: ?J a?! ?ARQtrn «'i-` l EXT. 3 ??? 5 4 -7 No. 3184 P. 3/3 Ju1.28. 2010 2;29PM ` Ceramic Tile Supply COmp'any, Inc. * ACKNOWLEDGEMENT *. Order( 197068.00 Pg I 103 Greenbank Road Wilmington DE 19808 (302) 992-9210 Entered 05/03/2010 By CDR -56 Ship To: THE WOODS Sold To: BRANDY-MIL BRANDYWINE MILLWORK THE WOODS 0 CEDAR RUN 1601 JESSUP ST 824 LISBURN. ROAD WILMINGTON DE 19801 CAMPHILL PA 302-123-6530 302-652-3008 t# Description Pri.Ce Amount Qty Par Lot# THE WOODS Job#-71885 THE WOODS Requested Delivery Date 05/17/2010 Customer PO 275 4A-()l QUOTE INSTALLED 6650.00 ' ' 6650.00 OPS T CUSTOM SOLID SURFACE COUNTER 1.0 CS-COUNTERTOP TOP SHOP FO#( 46877. SEE DRAWINGS FOR COLORS COD TERMS: NET Subtotal..... 6,f50.00 PA1 Sales Tax On 6,650.00 399.00 TOTAL DtlE...... 7,049.00 k06 ' P? ('-t-A / o Co uri 7 C ?, 9NOOM Jul, 28. 2010 2:29PM No, 3784 P. 2/3 Ceramic Tile Supply Company. Inc. * ACKNOWLEDGEMENT 103 Greenbank Road Order# 197792.00 Pg 1 Wilmington DE 19808 (102) 992-9210 Entered 06/08/2010 By CDR -56 Ship To: THE WOODS Sold To: BRANDY-MIL 'HE WOODS 0 CEDAR RUN BRANDYWINE MILLWORK 124 LISBURN ROAD 1601 JESSUP ST .AMPHILL PA WILMINGTON DE 19801 102-723-6530 302-652-3008 Qty Part# Description Price Amount .HE WOODS Lot# THE WOODS Job# 71885 Requested Delivery Date 06/15/2010 Customer PO 275 4A-QI QUOTE INSTALLED 11480.00 11480.00 CUSTOM SOLID SURFACE COUNTER TOPS ROOMS 125 & 131 1.0 CS-COUNTERTOP TOP SHOP p0# 46974 SEE DRAWINGS TO BE TEMPLATED 'ERMS; NET Subtotal..... 11,480.00 PA1 Sales Tax On 11,480.00 688.80 TOTAL DUE.... 12,168.80 W O& CO?P?w ' u' 10 CERTIFICATE OF SERVICE hereby certify that on this day of February, 2011, a true and correct copy of the foregoing Preliminary Objections was served by means of United States mail, first class, postage prepaid, upon the following: Alyson M. Sciacca, Esquire Maron, Marvel, Bradley & Anderson, P.A. 1700 Market Street, Suite 1500 Philadelphia, PA 19103 (Attorney for Plaintiff) Brandywine Millwork, LLC 1601 Jessup Street Wilmington, DE 19801 1A d A - # " t f Alyson M. Sciacca, Esquire Pa. Sup. Ct. No. 88963 Maron Marvel Bradley & Anderson, P.A. 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 j J 1 ft r1 1, ? ? ? ^' ? l t ? t ttorneys for Plaintiff Ceramic Tile Supply Company IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERAMIC TILE SUPPLY COMPANY, 103 Greenbank Road Wilmington, DE 19805 ("Claimant") Plaintiff, -against- THE GREAT COMMISION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Hill, PA 17011 ("Owner") and McCOY BROTHERS, INC., 1514 Commerce Avenue Carlisle, PA 17015 ("General Contractor") and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801 ("Subcontractor") Defendant. CIVIL DIVISION CASE NO. 10-7925 MLD WOf ?rV?G e MECHANIC'S LIEN (82004.00024/ W0490090) I A I COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA BEFORE ME, the undersigned authority, personally appeared Alyson M. Sciacca, Esq., who after being duly sworn, declared as follows: 1. My name is Alyson M. Sciacca. I am over 18 years of age, of sound mind, am in all ways competent to make this Affidavit and am a Pennsylvania attorney. 2. On January 18, 2011, pursuant to 49 Pa.C.S. § 1502 a true and correct copy of the Mechanic's Lien Claim filed in the Court of Common :Pleas of the Commonwealth of Pennsylvania in and for Cumberland County on December 30, 2010 was duly served upon Defendant, THE GREAT COMMISION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run via the Cumberland County sheriff at the following last known address: 824 Lisburn Road Camp Hill, PA 17011. 3. On January 21, 2011, pursuant to 49 Pa.C.S. § 1502 a true and correct copy of the Mechanic's Lien Claim filed in the Court of Common Pleas of the Commonwealth of Pennsylvania in and for Cumberland County on December 30, 2010 was duly served upon Defendant, McCOY BROTHERS, INC., via the Cumberland County sheriff at the following last known address: 1514 Commerce Avenue Carlisle, PA 17015. 4. True and correct copies of the aforementioned Sheriff's Return/proof of service, Notice of Mechanic's Lien Claim and Mechanic's Lien Claim are attached hereto collectively as Exhibit "A." ,rt / ! A r ON M. SCI ftCCA, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME, this the ?;/ " day of JU 6 Cl , 2011. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL BEAL Marlene D. Scott -Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES SEP, 06, 2011 Dated: January 31, 2011 " a h I IL ,)I, - NOTARY PUBLIC {82004.00024 / W0490090} SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sherdf IM f?lnbrrf? ? S Smith Jody Chief Deputy +d ?,- Richard W Stewart xd'.: *ar Solicitor 0FFiC;J OF T14 RIFF Ceramic Tile Supply Company vs. Case Number The Great Commission Care Communities, Inc. (et al.) 2010-7925 SHERIFF'S RETURN OF SERVICE 01/18/2011 06:45 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on January 18, 2011 at 1845 hours, he served a true copy of the within Notice and Mechanics' Lien Claim, upon the within named defendant, to wit: The Great Commission Care Communities, Inc, d/b/a The Woods at Cedar Run, by making known unto Debie Hollenbach, Administrator for The Great Commission Care Communities, Inc. at 824 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct co of the same. S G LL, D 01/2112011 11:00 AM - William Cline, Corporal, who being duly swom according to law, states that on January 21, 2011 at 1100 hours, he served a true copy of the within Mechanics' Lien Claim an Notice, upon the within named defendant, to wit: McCoy Brothers, Inc., by making known unto Ronda WicMard, Project Manager for McCoy Brothers, Inc, at 1514 Commerce Avenue, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true a pd corr copy of the same. lLLIA CLINE, DEPUTY SHERIFF COST: $63.34 January 24, 2011 SO ANS S, 000 R R ANDERSON, SHERIFF ... ......................................................... . NOTARY Affirmed and subscribed to before me this day of W CWItySulle Sheriff. Teleosaft, inc. Alyson M. Sciacca, Esquire Pa. Sup. Ct. No. 88963 Maron Marvel Bradley & Anderson, P.A. 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Company Attorneys for Plaintiff Ceramic Tile Supply IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERAMIC TILE SUPPLY COMPANY, 103 Greenbank Road Wilmington, DE 19805 ("Claimant") CIVIL DIVISION CASE NO. Plaintiff, -against- MECHANIC'S LIEN THE GREAT COMMISION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Hill, PA 17011 ("Owner") and McCOY BROTHERS, INC., 1514 Commerce Avenue Carlisle, PA 17015 ("General Contractor") and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801 ("Subcontractor") Defendant. {82004.00024/ W0490067} NOTICE OF MECHANIC'S LIEN TO: THE GREAT COMMISION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Hill, PA 17011 PLEASE BE ADVISED that a Mechanic's Lien Claim was filed in the Court of Common Pleas, Cumberland County, Pennsylvania on December 30, 2010 at Docket Number 10-7925 MLD. For your convenience, a true and correct copy of the Mechanic's Lien Claim is attached to this notice. Dated: 1/28/11 MARON MARVEL BRADL 7rDER O P BY: Alyson M. iacca, squire Pa. Sup. C . No. 88963 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Attorney for Plaintiff Ceramic Tile Supply Company (82004.00024 / W0490067) Alyson M. Sciacca, Esquire Pa. Sup. Ct. No. 88963 Maron Marvel Bradley & Anderson, P.A. 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Company Attorneys for Plaintiff Ceramic Tile Supply IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERAMIC TILE SUPPLY COMPANY, 103 Greenbank Road Wilmington, DE 19805 ("Claimant") CIVIL DIVISION CASE NO. Plaintiff, -against- MECHANIC'S LIEN THE GREAT COMMISION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Hill, PA 17011 ("Owner") and McCOY BROTHERS, INC., 1514 Commerce Avenue Carlisle, PA 17015 ("General Contractor") and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801 ("Subcontractor") Defendant. (82004.00024/ w0490068) NOTICE OF MECHANIC'S LIEN TO: McCOY BROTHERS, INC., 1514 Commerce Avenue Carlisle, PA 17015 PLEASE BE ADVISED that a Mechanic's Lien Claim was filed in the Court of Common Pleas, Cumberland County, Pennsylvania on December 30, 2010 at Docket Number 10-7925 MLD. For your convenience, a true and correct copy of the Mechanic's Lien Claim is attached to this notice. Dated: 1/28/11 MARON MARVEL BRAD & A SO Z By .-L n M. Sciacca, Esquire Pa. Sup. Ct. No. 88963 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215)'231-7101 Attorney for Plaintiff Ceramic Tile Supply Company (82004.00024 / W0490068) Alyson M. Sciacca, Esquire Pa. Sup. Ct. No. 88963 Maron Marvel Bradley & Anderson, P.A. 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Company Attorneys for Plaintiff Ceramic Tile Supply IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERAMIC TILE SUPPLY COMPANY, 103 Greenbank Road Wilmington, DE 19805 ("Claimant") CIVIL DIVISION CASE NO. Plaintiff, -against- MECHANIC'S LIEN THE GREAT COMMISION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Hill, PA 17011 ("Owner") and McCOY BROTHERS, INC., 1514 Commerce Avenue Carlisle, PA 17015 ("General Contractor") and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801 ("Subcontractor") Defendant. {82004.00024/ W0490070} NOTICE OF MECHANIC'S LIEN TO: BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801 PLEASE BE ADVISED that a Mechanic's Lien Claim was filed in the Court of Common Pleas, Cumberland County, Pennsylvania on December 30, 2010 at Docket Number 10-7925 MLD. For your convenience, a true and correct copy of the Mechanic's Lien Claim is attached to this notice. Dated: 1/28/11 MARON MARVEL BRAD AN ON, P.A. By: Alyson . Sciacca, Esquire Pa. Sup. Ct. No. 88963 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Attorney for Plaintiff Ceramic Tile Supply Company {82004.00024 / W0490070} FILED-WFICE OF THE PROTHONOTARY 2010DEC:30 AN 11; 26 CUIMBER -0,10 CUNTY PENN'SYLVANIIA Ceramic Tile Supply Co. ; IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA The Great Commission Care Communites Inc., at al, : NO. I0? ?'a 5 JV1 b_ 20 Defendant : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDOEMENT MAY BB ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1.800.990.9108 717-249.3166 Alyson M. Sciacca, Esquire Pa. Sup. Ct. No. 88963 Maxon Marvel Bradley & Anderson, P.A. 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel: (215) 231-7100 Fax: (215) 231-7101 Attorneys for Plaintiff Ceramic Tile Supply Company IN THE COURT OF COMMON-PLEAS 'CUMBERLAND COUNTY, PENNSYLVANIA CERAMIC TILE SUPPLY COMPANY, 103 Greenbank Road Wilmington, DE 19805 ("Claimant") CIVIL DIVISION CASE N0. Plaintiff, -against- MECHANIC'S LIEN THE GREAT COMMISION CARE COMMUNITIES, INC. d/b/a The Woods at Cedar Run 824 Lisburn Road Camp Hill, PA 17011 ("Owner") and McCOY BROTHERS, INC,, 1514 Commerce Avenue Carlisle, PA 17015 ("General Contractor") and BRANDYWINE MILLWORK, LLC 1601 Jessup Street Wilmington, DE 19801 ("Subcontractor") Defendant. (92004,00024 / W0486123 )NY01/BUXTJ/1307416.1 Plaintiff Ceramic Tile Supply Company ("Ceramic Tile" and/or "Claimant"}, by and through its attorneys, Maron, Marvel, Bradley & Anderson, P.A., hereby files this mechanics' lien claim against The Great Commission Care Communities, Inc, d/b/a The Woods at Cedar Run (hereinafter "Owner" and /or "Reputed Owner"), McCoy Brothers, Inc. (hereinafter "McCoy"), and Brandywine Millwork, LLC (hereinafter "Brandywine") pursuant to 49 P.S. § 1503, against the improvements and the estate or title of the Owner, for the payment of all debts due Claimant as a contractor/supplier for materials furnished in the construction of the improvement known as The Woods at Cedar Run, and located in Cumberland County, Pennsylvania at 824 Lisburn Road, Camp Hill, PA 17011, herein described, and alleges as follows: I. Claimant, Ceramic Tile, is a Delaware corporation. Ceramic Tile operates a division know as Batb/Kitehen & Tile Supply Company located at 103 Greenbank Road, Wilmington, Delaware 19805. 2. Upon information and belief, The Great Commission Care Communities, Inc. d/b/a The Woods at Cedar Run is a Pennsylvania corporation duly licensed and registered to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 824 Lisburn Road, Camp Hill, PA 17011. 3. Upon information and belief, McCoy is a Pennsylvania corporation duly licensed and registered to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 1514 Commerce Avenue, Carlisle, PA 17015. 4. Upon information and belief, Brandywine is Delaware corporation duly licensed and authorized to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 1601 Jessup Street, Wilmington, DE 19801. (82004.00024 / W0486123)NY01/$UXT7/1307418.1 5. Upon information and belief, and after reasonable investigation, the Owner or reputed Owner of the- leasehold, property and improvements against whom the claim is filed is The Great Commission Care Communities, Inc. d/b/a The Woods at Cedar Run. 6. Upon information and belief, and after reasonable investigation, in or around May 2010, the Owner hired defendant/General Contractor McCoy for purposes of performing and completing certain alterations, improvements and/or repairs in connection with the property located at The Woods at Cedar Run, 824 Lisburn Road, Camp Hill, PA 17011. 7. Upon information and belief, and after reasonable investigation, McCoy then contracted with defendant/Subcontractor Brandywine in furtherance of the performance and completion of said alterations, improvements and/or repairs in connection with the property located at The Woods at Cedar Run, 824 Lisburn Road, Camp Hill, PA. 17011. 8. Claimant and Brandywine agreed in or around June 2010 that Ceramic Tile would supply certain kitchen design services and materials, including but not limited to custom solid surface countertops to Brandywine for use and installation in connection with the property located at The Woods at Cedar Run, 824 Lisburn Road, Camp, Hill, PA 17011. 9. In accordance with their agreement, Claimant delivered said services and materials to Brandywine as agreed upon. Attached hereto collectively as Exhibit "A" are true and accurate copies of invoices dated July 9, 2010, reflecting the delivery by Claimant and acceptance by Brandywine of the aforesaid materials. 10. The agreed upon price for the services and materials provided by Claimant to Brandywine totaled $19,217.80. 11. Claimant completed the furnishing of the materials, services and equipment that are the subject of this claim on or about July 9, 2010. (82004.00024 / W0486123)NY01/BUXrJ/1307418.1 12. To date, Brandywine has refused to make any payments to Ceramic Tile despite demand. 13. The property subject to this lien is the building ;located at 824 Lisburn Road, Camp Hill, PA 17011 otherwise known as The Woods at Cedar Run and located in Cumberland County, including all equipment that as part of said structure constitutes fixtures, together with the lot or cartilage appurtenant thereto belonging to the same Owner. 14. This lien is claimed from July 9, 2010, the date Claimant commenced its performance of work in connection with the subject property, herein described and against the Owner's interest in that property. WHEREFORE, Claimant files this claim for mechanic's lien in the amount of $19,217.80, together with interest, costs of suit, and such other relief as this Court deem appropriate. MARON MARVEL BRADLEY & ANDERSON, P.A. Alysoi Sciacca, Esquire Pa. Sup, Ct, No. 88963 1700 Market Street, Ste. 1500 Philadelphia, PA 19103 Tel; (215) 231-7100 Fax: (215) 231-7101 Attorneys for Plaintiff Ceramic Tile Supply Company Dated: December 2010 {82004.00024 / W0486123}NYOIBUXTU1307418.1 4 VERIFICATION Alyson M. Sciacca, deposes and says that I am the attorney of record for Claimant and that the facts set forth in the foregoing Mechanic's Lien Claim are true and correct to the best of my knowledge, information and belief. I am verifying this claim until a verification from the party can be obtained, I understand that knowingly false statements are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities, ( 82004,00024 / W0486123 )NY01 /BUXTI/1307418,1 EXHIBIT A C ? G C' ? ? c' C. C. C., -: C, ?. V z c m w g 0 X nD mCo - 0 -1 s ?- r 9 CA o -- M LD VE ro co 0 ro Z -25 q .0 0 ;Q x00 'i o a o a m Im 44 F" °u m#°v? uC7a? r x..Z o'. z Ro -1 0 ry m M • b?, U)Q .-ua+x?t'' on r •J?M QvZ M i 0 r Gal --1 H 3) 0 m C W tj r- U) U C q e y, ra D C' Ul a 3) ro o < (0 0 0 NO' r m• as I' [n 0 °C? =rEa m m N .7 o . rtoc 0a , co ZXV N Saco ro wti ? AZrya ?r0 w 0m µ ccr'n a ? o CCD ?o n. cn a z M ' 0 m ? rH a a m cn 0 0• m ° T K? . a ? nn° ° -4 M 0 w V• V) CA z J Z) 7J a o 0 "-? ?? a ?• 000 1` ( 1 ( ? 3 O. V t/ V .a r_; tJ JD 1L o./ C. . ,:a C. a.J .'a C i? T L. 'M? Ai 1. C' r+ n. G 11 1.'. ?./ V l.! L C 7?f* C. ATR/ OTCHEN TILE CENTER BATH KIT H. N CENTER FED. ID #51-0105060 TERMS: NET 30 UNLESS OTHERWISE SPECIFIED ON FRONT. A FEE WILL BE CHARGED ON UNPAID BALANCE BEYOND 30 DAYS NET GOODS SOLD WITH THE UNDERSTANDING THAT WE WILL FURNISH NEW MATERIAL FOR ANY PROVING DEFECTIVE THROUGH MANUFACTURE, BUT UNDER NO CIRCUMSTANCES SHALL WE BE UNDER ANY LIABILITY OF ANY KIND FOR ANY LABOR OR .CONSEQUENTIAL DAMAGES INVOLVED. ANY MATERIAL FURNISHED REMAINS THE PROPERTY OF THIS COMPANY UNTIL FULLY PAID FOR. EXAMINE YOUR GOODS - NOT RESPONSIBLE FOR SHORTAGE AFTER SIGNING. SPECIAL ORDERS ARE NON-REFUNDABLE + NON-RETURNABLE EXAMINE YOUR GOODS BEFORE SIGNING. AFTER GOODS ARE SIGNED FOR OUR RESPONSIBILITY CEASES. 25% WILL BE CHARGED FOR HANDLING RETURNED STOCK GOODS. TERMS: NET 30 UNLESS OTHERWISE SPECIFIED ON FRONT. A SERVICE CHARGE WILL BE ADDED ON UNPAID BALANCE BEYOND 30 DAYS NET. .. ??:. _. ??? :E. 11.. 'C.. - -+?? 'l. '.?., •1,.. ...t,.. '\.. 't.. '?., _ ?.1.: 1, ? 1 m m i o . m O a F+ W o .m[? O t • a m m #"71 to D. Ul 0 o 1 ? m - mCN M H H U 0 .P m to 0 10 z r -? :• ' 00 ? of- m co 0 r' d (0 M? C C ?? t1 ' t7 0 D) T? 3) ^f r c ? -4 c m o a f? ? xfi Cr0 a a 0 ? r. r z m W 2 m rk) to W . OD a a -" -3) a Q N m c ° a # m m m o -_ ' 7) fOD \0 0 O 0 a 0 m Vl e ? ? n, VV N ry ,. W 00 n ./ O m ? N ? Q z N co 0 0 0 0 000 I 0 H (fl r 0 N' H - z Z G 'E 9) m 4 (D m z C y o0 m - co . r kD £ cn ° co 0 0 x o a 0- % X 0 v o n x.rn °z R° o? r= ?9 m :d C o C H `O -0 r z r. 0 0 r D • ° 3 H > m O m xrE m H H C] n (Ii r U) a r M U) c ?I ? Z r ;a C) 1 00 a CA w 3) < `0 4 ? 0 r• C m y . A ? s ? µ r:3? •w e • hnt2 4? ?M.! :? r. .r O+? u .u ?y.. 4.j ?J L./' U - ?1 Z% r EATH/1{ITCHEN FILE CENTER BATH KITCHEN CENTER FED. ID #51-0105060 . TERMS: NET 30 UNLESS OTHERWISE SPECIFIED ON FRONT. A FEE WILL BE CHARGED ON UNPAID BALANCE BEYOND 30 DAYS NET. GOODS SOLD WITH THE UNDERSTANDING THAT WE WILL RNISH NEW MATERIAL FOR ANY PROVING DEFECTIVE THROUGH ANUFACTURE, BUT UNDER NO CIRCUMSTANCES SHALL WE BE UNDER ANY LIABILITY OF ANY KIND FOR ANY LABOR OR NSEQUENTIAL DAMAGES INVOLVED. ANY MATERIAL FURNISHED /IAINS THE PROPERTY OF THIS COMPANY UNTIL FULLY PAID FOR. EXAMINE YOUR GOODS - NOT RESPONSIBLE FOR SHORTAGE AFTER SIGNING. SPECIAL ORDERS ARE NON-REFUNDABLE + NON-RETURNABLE XAMINE YOUR GOODS BEFORE SIGNING. AFTER GOODS ARE SIGNED FOR OUR RESPONSIBILITY CEASES. 25% WILL BE CHARGED FOR HANDLING RETURNED STOCK GOODS. TERMS: NET 30 UNLESS OTHERWISE SPECIFIED ON FRONT. A SERVICE CHARGE WILL BE ADDED ON. UNPAID BALANCE BEYOND 30 DAYS NET. i ??Y • I `,l , ?a o i io llA I i? RA. I #e ???n^ i N .1 PRAECIPE FOR LISTING CASE FORARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Argument Court) CAPTION OF CASE (entire caption must be stated in full) Ceramic Tile Supply Co., Plaintiff V. (List the within matter 3e n U)r- , ?D ct? , ?a ----------------------- r a C) C) C) C) : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7925 MLD The Great Commission Care Communities, Inc. and McCoy Brothers, Inc. and Brandywine Millwork,LLC Defendant 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants The Great Commission Care Communities, Inc. and McCoy Brothers, Inc.'s Preliminary Objections to Plaintiffs Complaint 2. Identify counsel who will argue case: a. for plaintiff: Alyson M. Sciacca, Esquire, Maron, Marvel, Bradley & Anderson, P. A., 1700 Market Street, Suite 1500, Philadelphia, PA 19103 b. for defendants The Great Commission Care Communities, Inc., d/b/a The Woods at Cedar Run and McCoy Brothers, Inc.: Dean F. Piermattei, Esquire, RHOADS & SINON LLP, One South Market Square, 12A Floor, Harrisburg, PA 17101 C. 3 4. for defendant Brandywine Millwork, LLC: Unknown I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: March 25, 2011 Date: February 14, 2011 e termattei, Esquire Attorney for defendants The Great Commission Care Communities, Inc., d/b/a The Woods at Cedar Run and McCoy Brothers, Inc. 631803.1 ", Y +o PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted.