HomeMy WebLinkAbout13-6352 r-
i Pr.0I l.CN0 iAE
-!3OCT 29 Ail II: 55
:1.JMBERLAND COUNTY
PENNSYLVANIA
ADVANCED CONCRETE SYSTEMS, INC.
MARVIN J. RUDNITSKY, ESQUIRE
RUDNITSKY HACKMAN & POTTER LLP
1372 North Susquehanna Trail, Suite 130
Selinsgrove, PA 17870
(570) 743-2333
ADVANCED CONCRETE SYSTEMS, INC., • IN THE COURT OF COMMON
Plaintiff • PLEAS OF THE 9TH JUDICIAL
•
DISTRICT OF PENNSYLVANIA
vs. • CUMBERLAND COUNTY
•
•
CLASSIC COMMUNITIES CORPORATION, • NO. /3 41 S5'.% '
Defendant •
MECHANICS' LIEN CLAIM
Advanced Concrete Systems, Inc. Classic Communities Corporation
Marvin J. Rudnitsky, Esquire Pro Se
Rudnitsky Hackman & Potter LLP 2151 Linglestown Road, Suite 300
1372 North Susquehanna Trail, Suite 130 Harrisburg, PA 17110
Selinsgrove, PA 17870
IN THE COURT OF COMMON PLEAS
OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUNTY
ADVANCED CONCRETE SYSTEMS, INC., .
Claimant NO. 3-t,936 0 I;(I
vs. • MECHANICS' LIEN
CLASSIC COMMUNITIES CORPORATION, :
•
Owner
MECHANICS' LIEN CLAIM
Claimant, Advanced Concrete Systems, Inc., through the undersigned counsel, files this
claim against the improvements and property at 94 Stone Run Drive, Walnut Point Lot #82,
Silver Spring Township, Cumberland County, Pennsylvania for the payment of a debt due to
Claimant as a contractor for labor and materials furnished by Claimant in the erection and
construction of the improvements. In support of the claim, the Claimant makes the following
statement:
1. The owner of the property is Classic Communities Corporation, with an address at
2151 Linglestown Road, Suite 300, Harrisburg, Dauphin County, Pennsylvania 17110.
2. The improvement and the property which are subject to this claim are a residential
dwelling house with appurtenant land at 94 Stone Run Drive, Mechanicsburg, Pennsylvania and
described as follows:
ALL THAT CERTAIN tract or parcel of land, located in Silver spring Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit;
BEGINNING at a point on the southern right-of-way line of Stone Run Drive, said point being
located North fifty-five degrees, thirty-three minutes, thirty seconds West (N. 55° 33' 30" W.) a
distance of one hundred ninety feet (190.00') f4rom the terminus of a curve connecting the
western right-of-way line of Monarch Lane with the southern right-of-way line of Stone Run
Drive; thence from said point of BEGINNING by the4 line of Lot No. 81 South thirty-four
degrees, twenty-six minutes, thirty seconds West (S. 34° 26' 30" W.), a distance of one hundred
fifty feet (150.00') to a point; thence by land now or late of M. John and Lloyd Edris, North
fifty-five degrees, thirty-three minutes, thirty seconds West (N. 55° 33' 30" W.), a distance of
eighty-five feet (85.00') to a point; thence by the same and by Detention Pond Area 67, North
thirty-four degrees, twenty-six minutes, thirty seconds East(N. 34° 26' 30" E.), a distance of one
hundred fifty feet (150.00') to a point; thence by the southern right-of-way line of Stone Run
Drive, South fifty-five degrees, thirty-three minutes, thirty seconds East (S. 55° 33' 30" E.), a
distance of eighty-five feet(85.00')to a point,the place of BEGINNING.
CONTAINING 12,750.00 square feet or 0.2927 acres.
BEING known and numbered as 94 Stone Run Drive, Mechanicsbu8rg, Pennsylvania 17050.
BEING ALL THAT CERTAIN Lot 82 in the property known, named and identified in the
Declaration, referred to below, as "Walnut Point Phase III, a Planned Community", located in
Silver Spring Township, Cumberland County, Pennsylvania, which has heretofore been
submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A.
§§ 5101 et seq., as amended, by the recording in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, the Declaration for Walnut Point Phase III, a Planned
Community, a Residential Planned Community ("Declaration"), dated July 27, 2007, recorded
July 31, 2007, in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous
Book 738, Page 4728, and designated in such Declarat8ion as Lot No. 82 (Identifying Number),
described in Section 2.2 of the Declaration, and shown (and described) in Exhibit B of the
Declaration.
Walnut Point Phase III, a Planned Community, pursuant to the Third Amendment and
Restatement of Declaration for Walnut Point, a Flexible Planned Community, dated November
4, 2011 and recorded February 22, 2012 in the Office of the Recorder of Deeds in and for4
Cumberland County, Pennsylvania to Inst4rument Number 201205294, merged with Walnut
Point, the Surviving Community.
BEING Lot No. 82, Final Subdivision Plan for Walnut Po8int Phase III dated May 9, 2005, last
4revised August 3, 2006,k recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Plan Book 93, Page 73.
BEING the same premises which Marilyn L. Stoner, a widow, by her Deed dated June 14, 2013
and recorded July 22, 2013 in the Office of the Recorder of Deeds for Cumberland County,
Pennsylvania at Instrument Number201323992, granted and conveyed unto Classic Communities
Corporation.
UNDER AND SUBJECT to restrictions and covenants of r5ecord, including, but not limited to
Declaration for Walnut Point Phase III, a Planned Community, a Residential Planned
Community ("Declaration"), dated July 27, 2007, recorded July 31, 007, in the Office of the
Recorder of Deeds of Cumberland County Miscellaneous Book 738, Page 728, as amended and
restated by Merger by the Third Amendment and R%estatement of Declaration for Walnut Point
dated November 4, 2011 and recorded February 22, 2012 in the Office fo the Record3er of
Deeds in and for Cumberland County, Pennsylvania to Instrument Number 201205294, and
under and subject to easements and rights-of-way of record, including, but not limited to, a
twenty (20') foot drainage easement parallel to the eastern boundary of Lot No. 82 in common
with Lot No. 81 with said boundary demarcating the center line of said drainage easement as
shown on the above-referenced Exhibi5t B of the Declaration for Walnut Point Phase III.
IDENTIFIED for tax purposes as Map Number 38-08-0565-192.
3. The labor and materials for which the debt is due were furnished for the agreed sum of
$19,064.15 pursuant to the written contract with the owner dated June 27, 2013, a true and
correct copy of which is attached hereto and incorporated by reference herein as Exhibit"A".
4. The labor and materials for which the debt is due consisted of the materials and set up
as set forth on the invoice, a true and correct copy of which is attached hereto and incorporated
by reference herein as Exhibit`B".
5. The Claimant completed his work at the property on July 26, 2013, which is less than
six months before the filing of this claim.
6. Claimant has been paid nothing and there is due and owing a balance of$19,064.15 for
which claim is made of$19,064.15. �s
Date: October ..2/ , 2013 : • ii TER LLP
A4 ki
MARVIN 'UDNITS. ,ESQUIRE
ATTORNEY NO. 05 8
ATTORNEY FOR . AINTIFF
1372 North Susqu= anna Trail, Suite 130
Selinsgrove,PA 7870
(570)743-2333
VERIFICATION
Michael P. Daven, President of Advanced Concrete Systems, Inc., Plaintiff in the
above-referenced action, verifies that the facts set forth in the foregoing pleadings are true and
correct to the best of his knowledge, information and belief.
This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
Michael P. Daven, President
Oct. 30. 2013 9: 24AM Rudnitsky & Hackman, LLP No. 2556 P. 1
55Advenced Lone
-,•,4{ „Superior Wag- Middleburg,Pe,17642 Bureau of Consumer Protection 1.089'5204680
`' „ Ton Free 000421-3766
;t. :y NY Advanced Compare Fax:570-61?-1102 PA License s PA008013
Wwvr.yourbesemetjl.co fn .
Date: 637x13
•
Purchase Order Contract with; Se:esperson Jim z(mmermsn 2.09. S.Herman
SeriaLS 13=24235..-.'`.•. - .... Ouolea JR13-157
0044r erasers Communities Corp, Customer WP L J 82
Aodra•s 2151 Lingleslown Rood Site Address 94 Slone Run Drive
City Herrrsbu Slats PA City Mechanicsburg
•
County Dauphin 2/p 17110 Store Ps 17050 - Zip
Fez (717)901.9317 Phone (717)901.9311 County Cumberland Mlles; 31-50
,Ern ell� ::: •. Delivery Request Dste1 7/15/2013
W(rNESSETN,that Superior wale-ByAdvaace0 Concrete Systems,b,o,(Seilet;)the Buyer and Builder intending to be legally bound mutually agree
to the sale andproa cl of hene(naltereel fonh products)for the consideration and upon AN germs and cendrions hereina/fersof IoM.Any Inference to herein ro Bender
is a reference to the. ay al.n:n•as0 or Unlessihe Buyer end Balder we se - tie•attics,
Q.TY_ Qe MVO*n o1 Product Un t Price (Extension '
NoT(cE
L.F,of 10'Panel s/o IA $ 63,00_S oast',(oed ages theta 3 of the pontlacc for.
LP.of 9'Panel,v/o lath E 69.130 S - •BUYER/BUILDER r
ea0onslbllllle;,E;peclelty Ilem;a 21 duo 26
30.6 • L.F.0101"Panel W/O lath S $7.00 S 1,755.60 'OELAY3 ceased by r^P PO 9 I ro r she preparation wilt be
L.F.al4'Panel One Lolft 5 35,00 S - charged to BUYER at 510011R payable day al Inslalladon
44A . LF.o1 4t'Panel w/8"lop w/o Lalh S 37.00 S 1,642,80 ' QUILDER le recponsib to for checking wen
L.F.of 10'Panel XI _ S 69.00 S • system for mare and plumb 000 must noily
200,3 LF.019'Panel XI 5 66.00 $ 13,019.50 AC'S of any problems with same Pitt t.to
L.G.of B'2"Panel XI S 81.00.S • beginning construction.
LF.o14'Panel XI 3 90.00 S • 'OnSUre compliance with OSHA rogubllon6.
�
LF.or9'PpnelXlPLUS S 73.00 $ BUILDER GUIDELINECOOi(LET(-OG6")
L.F.al 8'2"Panel XI PLUS 5 613.00 S •_ • • oulfder acknowledges and agrees le
27 Corners S 36.00 S 770-00 edheretooti requirement:Inre09. .
Special Canners $ 65.00 9 -
Party Wall Recess 5 05.00 S • Subtotal $ 19,211.65
Slendard WirdoWOpenings Under 37•' S _ 46.00 S -
Special Window,Openings _S 65.00 $ - 5 80 $ 1,377,50
1 - boor Opening uplO411t2"wide 5 60.00 $ 60.00
Special Door Openings 5 es.00 $ - 3 Soi-up s 120.00
1 ; Door Drop 5 45.00 5 45.00
X-LDDavaga Or Opening up to 12'0'wide 5 160.00 $ - 2 Crone $ 210.00
Speolel Ledo Detail 0 _ S - S -
4 - Beam Pocket . $ 45,00 3 160.00 7 Freight 11 Ofioads 3 S 840.00
Boom Pocket with 201 past •3 66.00 r$ -
_
Beam Packet with 303.pad $ 120.00 $ 0% Prepaid Discount @ signing of order $
13 • Supporlledge S 20.0D S 260.00
SupoorlleagewithIles 9 26.00 5 - Total
E 19IOOS_15
ms»�
r Lintel Ledge wItiee S 30.00 3 -
e•8,101911gs per mnnlne loot S 10.00 5 .• 0.0000% DepOS1I Duo Cklt Date Pd $ _
• 6^ertckledgo per running loot S 11.00 5 •
Brick lles per Square root S 0.30 S
Floor Tie e/SIebConnectors S 3.00 S -
6 • Square fouler Poda 2 x 2 S 40.00 5 240.00
1 • Square Foote/Pads 3.8lneIoned S 100.00 S 100.00
2 • Knee Welre S 40.00 S 10.00
Modular Straps(25 per pack) $ 1.2S $ • PrePd 6e1 Due Ckll Dote Pd $0.00
Sellleg gleam 5 50.00 S • ..
Step Unit She' S 700,00 S
MaiuSIUdp s 30.00 $ Balance Due $ 19,004.15
1 ` • WH4040 Complete Egress WOO Package S 920.00 S 920,00
yrn,e Window S 150.00 S • •Changes to the contract,shop drawings,
loo sal Plate Bolls(?.5 per Pack) S 1.2$ S 125.00 end other spectlicall0ns will be In writing,
25 , Geroge Sin Batt: S 0.55 S 13.75 signed by the Buyer/9ull0er,and reflected
Engineer Sealed Prints S - S - on a change order not shown In the Balance
Aerations ' S 350.00 S - bue Column of this Contract.
Elevsllon Changes S 35,00 $ •
r•
S_ • S - &pfcat Notes;
$ _ S - NoOep/Ne130
S •• . 3
S S .
S S -• _ Lead Source
5 - YS - Caryl Cal
5 - S
S - -s -
TERMS OF SALE: 12 Deposit required with order.2 Balance due prior to unloading: _ NoOepf'et30/'
5/27/2013 1 of 3 Solos Rep.InlUe1 Buyer's in1113f I �'
EXHIBIT "A"
_Oct, 30. 2013_ 9: 24AM Rudn tsky & Hackman, ALP No. 2556 P. 2
B JILLlcH MIaHGGW.
to provide clean and 1evet she,excavation and boC fflt g,
provide minimum ol 6"of 112"or finer clean,crushed stone for footers.ease of looter to be et/or below local noel line.
• In lake slops to Ineute Ihal all persona and animals remain et teas'$0 h.from construction:Ile.
to provide adeouate access 10 airs ror Sellers vehicles and equipment;drive to be stone base or equal,
m make settlement with a crew foremen ex company representative according to larMs Cleats,
to provide bracing es repaired In Builder Procedure Booklet. '
$ERVICI;C)AROES:
and all payments Mal nave not been paid according to the terms set(walk,InIs agreement will be subject to a eceeclicn costs and finance charges
_ a!t,q h Qer month 118°S Der vearl an lhs an aid yalansa until paid to rust.
NOTICE
Seller,Buyer ane Builder writer ogres that the provisions en the rehearing pages or This agreement erelnemoomted
.hetefn by lferonce and ore made a pert 001001:
PROMI$$ORV NOTE: •
Upon complshdn 01 INS agreement RS Set lour ado',the prineiSle sum of soma batence_less sums eredited there against,es pad during construction and recorded
noreondor,shah be due and payable to the order of Sone,.wttnout ousel for value received with interest,Further.tyre hereby authorize and empower any attorney of any
cowl or record of Pennsylvarie.or clseahere to appear for and to enter judgment against melua In favor 01 any holder el INS note for the above sum.cost OI suit,release
of error,without swat execution and alfdrney s fees.tewe hereby waive and release as benefit and relief born any and •
ail appraisement,slay or exemption,taws of any item now in force or heeealfer to be passed.IN W(MESS Y1 HEREOF,the Buyertzl,Lessee of Losscr hasihauu hereunto
set hlaMelrhand(s)and sear(s)on'ha dare Pest above v,4111en.and the Seller has caused Otis Instrument to be auecuted byes they authorized officer.
• TERMS AND CONDITIONS
I.This Purchase Order COnl tact(toss Order)is not binding upon Superior Walls By Advencod Concrete Systems,1nF(herelnener wed ACS)Unlit It has been
received and accepted by ACS in writing and signed by the President or Sr.Vice President.Unless Buyer and Builder are different persons or entitles,any
reference herein to euirdorls a reference to person signing tlds Order as Buyer.It Builder is not Buyer,Builder is that person signing this Order as
Bonder,and Buyer will cause Builder to satisfy all of Builders obligations in IMs Order.If Builder Is Buyer,Builders signature as Deader shah also bind it
as Buyer hereunder.
2-Subject to 111 01 the terms and condi tone In this Contract,the Buyer agrees to buy and ACS agrees to sell and inslan the Wall System as described on
page 1 ol3 of Ihie Co our,and the SpecScanons referred Io nereinaller which are incorporated herein by reference.The Buyer agrees(Cal the
purchase price lobe pale'for the Wall System is listed on page 1 013 of(his Order plus any charge fur addilienai material ordered.kelgit and other
Oasis described(any reference to payment of the purchase price snail sleo Include within its moaning payment ol such other charges).Alf payments of the
purchase price shall be nude payable to Superior Walls By Advanced Concrete Systems.Inc.and delivered to ACS or its authorized
agent or employee,prier to delivery of the Wall System Of upon delivery but PRIOR to erection of MO Wall System.
3,Bolder agrees to prepare the Wan System installation site in accordance with Builders Guideline Booklet provided to Builder by ACS,which Builder
acknowledges it has received,and agrees that Builder will make such a preparation and precautions as are necessary to prepare the site for the seta
delivery of the product and in lull readiness for urslallarion,All slta preparation shall be completed properly by the delivery dale,and ACS shell vane no
liabilii for deed s caused b late cam,aeon of site re.wagon. - •
•
Builder sheu corn'1 with all Instructions•ertelnin• to Builder as set forth In the Builder Guideline Booklet.
4.Title to the Wall System(which includes but Is not limited to all related components)shall remain vlpt ACS until the Wall System I5 delivered to the
location and Buyer mares payment In lull Ihereol.Al the time title to the Wall System vests In Buyer.Buyer hereby grants to ACS a security(rums,'
under the Uniform Commercial Code in the product sold and delivered to secure lull payment ol all monies due learn Buyer.Buyer authorizes ACS to
fee a financing statement and any other document to perfect such security Interest.and Buyer$hail execulo any such documents as ACS requests.
Buyer shall carry pre and any other casualty insurance on the Wall System In an equal amount to Buyer's unpaid balance due with ACS named as the
eddillonel Insured and Buyer agrees to furnish a certificate of such insurance upon request until the Wall System has been fully paid for.b Is agreed
that after installation the Walt System shall al limes remain and be deemed a nature and not real estate properly.ACS shall have no abilgelicn to deliver any
Superior Wall System materials or pans to s Buyer which is in deleuti on any obligation.
5.LIMITED WARRANTY:ACS warrants the Wad System being sold shall be true from detects In met Vials andworrrnananlp fora period of(15)years
from tee dale 01 oeFvery.Buyer agrees that AGS's sole respenslbiliiy herein with respect to Wall System problems is to repair or replace defects and
It 011011 nil be liable for any compensatory,conaequentIal,incidental or other damages el any tdnd whatsoever.ACS crakes no warranty with regard
to any component product which Is Included in the sate whim carries Its own manufacturers written warranty.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY OTHER EXPRESSED OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANT,
ABILITY OR WARRANTY OF uSE FOR A PARTICULAR PURPOSE.
. For any ACS product or component which is to be completed or installed by Builder,whether supplied by ACS or another,Builder agrees to install the
same In a safe and worlrman•tlte manner.Buyer agrees to indemnify and hold harmless ACS from any costs.damages,claims,loss,suitor other
tebNty that Is the result of Buyers or Builder's negligence,breach of the terms of this Order,or failure to comply rich any of its obtigatlons set forth in
this Order Including but not limited to proper she preparation In accordance svith Me Builder's Guideline Booklet.II Buyer is eel the Builder,Builder snail
also Indemnity and hold harmless ACS(or any Such actions or omissions on the pan of the btn1der.AC5 Shall have no liabftly 10 Buyer or Builder
other than For breach 01 the Obligations 01 ACS specified herein.
6.Absolutely no charges,costs or invoices of any kind or any purpose will be paid by ACS unless authorized In wrung in advance of the expend-
iture.Incorporated herein by reference ere the specifications for a Superior Well Systems manufactured by ACS which are in effect on the dale 01 this
order rSpecldcatlens').ACS reserves the rigid to substitute materials 01 an equal or superior quality or value,when necessary without notice,his
recommended that it Builder is aware of the substitution Builder so advise his retail customer in writing no later than the time of sale.
7.All maletiais shipped by mistake or fn eSceas of Quanllties needed to Complele the Wall Systont in accordance with this Order plans end Specifications
•
remain time property of ACS and are to be made avellab:e lot return to ACS.
9.Bader scknovledges and agrees mat the plans.Including any shop drawings,for the Wall System and Specifications are the sole properly of ACS
and that they may nol be used/of the construction of any wait system other Than a Wall System purchased Tram ACS.All such plans and Specific-
ations ere copyrighted by end the sole propeny of ACS,
9.Builder agrees to sign and dale delivery receipts et the time at delivery.Such delivery receipts signed by Builder.or his agent or employee,shall
conslitute proof of delivery or police fn writing,that delivery was made on This specific date,that Builder has Inspected the product.accepted it
and ell le/ms and conditions of this agreement prevail,
10.All deletions,additions,or revisions(0 this Order must be in vrritin and sir lied 0 all el,eateries. JR13.157
Changes on delivery dales alter your wail system has been manufactured will cause Demurrsae charges at the rate of S50per Toad,
per day begtnhtng 60 days alter original set date.Demurrage chagres must be paid by the buyer,before any product will be snipped to the buyer
or to en other omit or cor 1 oration In which the builder Is en owner,officer,director or shareholder.
r,..
I t,No conditions cr terms will be honored unless stated or referred to In this Order of otherwise acknowledged in wiling by ACS.ACS shall not
be Itab'e for delays In filling this Order caused by Intern/peon of transportation Isoifl.`es,pre,hoods,tornadoes,Oiharacte of Cod,explosions.
Weis,ants of terrorism,material Shortage strikes or any Other delays beyond its control.
6)2712013 2 of 3 Soles Rep.Initial Buyer's In artR7��------
Oct. 30. 2013 9: 25AM Rudnitsky & Hackman, LLP No. 2556 P. 3
is,gee makes no representations,agreements,cr warranoea other Ivan t nose contarnad Force,.I leg contract is composed only 01 this
document.any ACS chance orders.the clans attacned hereto and the speci'icetlona.No verbal representation,advertisement,brochure,manual or other
dower,:ie a part eerier and any of such aro superseded hereby.
Ia.The only parties to Ira Contract intended to be benefited hereby are ACS,Buyer and Builder.and trio cevenenIs,agreements,representations Cl •
ACS made herein shall extend solely to ire other signatories hereto and to no other person or entity,known Or vnenovm,who may be affected
(hereby.
IJ.This Order may not be assigned by Buyer ano Builder without the express Written consent of ACS.
15.Any sums due loom Buyer On the agreed delivery dale will incur service charges thereafter at the rate of one and one-hail(1 112%)percent per
mantle or the highosl rate allowed by law,mlttchevar is greater.and ACS she!be entitled to payment ol said service charges with payment of the
ourenaee price as well as damages.
16.ARBITRATION:All claims and disputes related to this Order between any of the panles ahail be sub;ect to arbitration in accordance with the'urea
of the American Arbitration Association and with the arbitrator to be selected by the American Arohration Association.Written notice of demand for
arbitration shag be delivered by the demanding party To the party with whom arbitration Is sought and with the American Arbitration Association within •
a reasanatye time alter the dispute strap have arisen with the hearing to be held in Snyder County,Pennsylvania.The determination Ot the Arbitrator
shall be enel and binding upon all parties levolved.Cost of the arbilratlon and related legal lees strati be awarded In the determination.This provision
shall not prevent Inc avallabikly of Injunctive[ebel.This Order shall be governed by and construed in accordance with the laws of Stale of PA,except •
with respect to conflicts of laws.
17,Tito waiver Of any right or delsult In any Instance shah not be deemed to be a waiver 01 any(vivre right Or breach of this Order.Tints IS of the
essence of Ws Order. •
le.ACS's reeponsUildy under this Order is to manufacture and deliver the Weil System as specified by this Order to the Installation site,to ill]the
Wall System from Mental carrier,and to sat up assemble and/or complete Ine construction of the Wall System at Me slle.ACS has no responsibility
to excavate,install looters,support materials,drainage or utilities of any kind,or to perlotm any other task necessary to prepare the installation site.
ACS shag have no liability for defects naturally occurring on the site nor the incorrect preparation 01 the site for installation of the Wall System.
19.Each o1 Buyer and Builder recognise and Agree Mat Wall System road carriers are the sole property MACS and each agrees trial it has the
responsibilities of a bailor while the road carriers are in possession or control of Bulkier or are located at the Installation site while ACS
•
representatives are not present.Each of Buyer and Builder agree that ACS has the!iglu at all limes to go upon land or building site or other property
ol Buyer or Builder for the purpose 01 the removal of ire road carriers or the rerroval of the Wall System in the event el breach of the obligations of •
either of(hem under thin Order.
20.Outing erection of the Wall System,Builder shall clear the area of persona and property so trial no one is under a wall held by a crane,no one is
in the danger area In the event that A ewe or wail tips over,and 11 shall lake such other precautions to prepare the site for sale delivery ol the produel.
21.For weight bearing purposes Builder agrees that a 10'•Wale shall be placed on lop of the Wall System,
22.Superior Walla Insulters and/or licensees cannot be responsible for disturbed soil beneath the stone foundation.Any excessive depth of excavation,
emovel 01 rocks,stumps,or simply an error on the part of the excavator must be replaced with stone.NEVER backlit]with soli.
23.Iii the event That Buyer cancels delivery of Wall System that ban already been scheduled for erection,Buyer shall also be responsible for any •
and all charges incurred by ACS from haulers,emction crew.and/or crane company.These charges must be paid by Buyer before any produel
wd1 be shipped.
24.Builder represents that the soil condlUone at Mesita specified on this Order meet or eeceed the requkements slated In the Builders Guldebne
Booklet.Builder understands that tie mull maintain the site prior to construction of the Superior Walls in a co1ditl3i tiwi'heels or exceeds the soil
condition rrquirements stated above.To eliminate downtime charges an corner pins must be in place before ACS craw arrives.Builder acknowledges
Mat II has the responsibility(or any and it excavation and material placement necessary to allow for the erection of the Wall System.Builder Miner
agrees Mal it the sire Is not prepared as*Wired when the ACS crew errtves•Builder will be responsible for any and all expenses Incurred for
erection crew,delivery trucks and%or crane,II ACS Is required to expend any sums for labor or materials to correct eubslandani soil condition or •
Improper situ preparation.Guilder shall reimburse Seller for all of such sums promptly ass part o1 the purchase price in accordance with the payment
terms elated nee*.Builder acknowwiedgee that lee has the rosponsibiGty for installing the stone feeler at or below local post 6ne and Mel he has
the responsibility for keepino the cooler system from free7]ng.
25.Builder understands Ihal ii the soil cOndtltona do not meet the minimum conditions described above.tits installation may lei]causing injury or damage
to person or properly.In Ina event(hal,In addition to any other Indemnifcation.hold earm:esa and related terms hereof,seen of Buyer and Builder
agrees to hold ACS harmless for any and all damage,losses,lawsuits.and other costs,Including attorney lees,caused by substandard soil conditions.
26.The price herein Is guaranteed nett!)Increase for a period ol(6)months from the dale of this Purchase Order Contract.
s or.er may•-execute• n any num er o court erperts w e same e sot as a I e etgnatures on suc cou erpar s eppeare•on
one document,end each such counierparl shall be deemed to be an original.Delivery of o photocopy,leiecopy or a-mall copy of an executed
counter•art of a sl•nature'Stem this Order shall be as effective as deliver ol a menuall executed counter•art ol title Order,
Notice of Cancellation •
You,the buyer,may cancel this Order,by providing written notice to ACS Many lime prlOr to midnight of the third business day from the signature date on
this Order.Any depoelt check listed on this Order will be returned to you,the buyer,within 10 days after In cancellation of this Order.
IN WITNESS WHEREOF,the undersigned have herevnl0 set their hands and agree to all of the promises,o0fgetions and terms of this Purchase
Order Contract, . Z1 • 13 . •
Buyer Signature Date /
•
yv(�/�W 1 _, - 2-2
r Plitt!Name Name 1 I Dale
.�. 6 . 27. Is
Buyer Signe(ure for Receiving the Dote
Builder t?uldollne Booklet
Approved and Accepted Superior Walls By Dste
Advanced Conerela Systems Repreeents live
Bureau of Consumer Protection 14088-620.6600 JR13-157
6127/2013 3 of 3 Sales Rep.Initial Buyer's India
Oct. 30. 2013 9:25AM Rudn i tsky & Hackman, LLP No. 2556 P. _IIVOICE
Advanced Concrete Systems
55.Advanced Lane
_Middleburg PA 17842 Master No: 113 17, 953
Phone: 1-800-521-3788 Set Date I
Fax: . 1-570--837-1182 Serial No: 13-24235
Sales Rep: JAMES 2
Shipped Via:
• Customer PO #: WP LOT 82
Payment Term: Net 30
• Customer #: SSCOMCORP
CUJ- I
Bill To: Ship To:
Classic Communities Corporation WP LOT 82
2151 Linglestown Road - WP Lot 82 .
Harrisburg PA 17110 • Mechanicsburg PA
Cumberland County
Qty Qty Description Unit Price Total
Ordered shipped P
30. 80 30.80 LF of 8'2" Panel $52.00 $1, 601. 60
44.40 44. 40 LF of 4" Std Panel w/8" top $32. 00 $1, 420.80
200. 30 200.30 LF of 9' X I Panel $60.00 $12, 018.00
22. 00 22.00 Corners $35.00 $770. 00
1 .00 • 1.00 Door Opening $60.00 $60.00
1. 00 1.00 Drops $45.00 $45 .00
4.00 4.00 Beam Pockets-n-No Pads $45. 00 $180 .00
13. 00 13.00 Svppoxt Ledges $20.00 $260.00
6.00 6.00 Square Footer Pads 2 x 2 $40.00 $240.00
1. 00 1.00 Square Footer Pads 3 x 3 Insta $100.00 $100.00
2.00 2 . 00 Knee Wall $40.00 $80.00
1. 00 1.00 WH4040 Pkg El Vinyl Low E w/60 $920.00 $920.00
100. 00 100.00 Sill Bolts $1.25 $125.00
25.00 - 25.00 Garage Bolts $0.55 $13.75
2. 00 2.00 Studs $30.00 $60 .00
1 .00 1.00 Set-Up $120. 00 $120.00
1. 00 1.00 Crane $210. 00 $210.00
3.00 3 .00 Freight $280.00 $840. 00
• SUB-TOTAL $19, 064 . 15
Tax $0. 00
Total $19,064 . 15
EXHIBIT "B" Deposit $0. 00
Balance Due $19,064.15
A Finance Charge of 1.5%(18%per year)
-
will be charged on all past due balances,
Oct. 30. 2013 9:25AM Rudnitsky & Hackman, LLP No. 2556 P. 5
CHAN'6E ORDER. _ T.
Advanced Concrete Systems,Inc.
•
PA License # PAQ08013 55 Advanced Lane
Middleburg, PA 17842
1-800-521-3788 : 570-837-1182(Fax) : 570-837-3955
SERIAL NO: 13-24235
CHANGE OROER flq 1
BUILDER/CUSTOMER: Classic Communities Corp.
ADDRESS: 2151 Linglestown Road
Suite 300
Harrisburg, PA 17110
JOB NAME: WP Lot 82
LOCATIQN: Mechanicsburg
ADDITIONS: Dollar Amount
•
•
2 MUilti Studs @$30 00 Ea :: 60 06
Missed orb co.ntrabt' . ,. .<` !o-
OTAL ADDITIONS: 60.00
pELETIONS: Dollar Amount
TOTAL DELETIONS: 0-00
TOTAL REVISIONS: - 60.00
PREVIOUS BALANCE: 19004.15
NEW BALANCE DUE: 19064.15
WE AGREE hereb to make chan.es ass•ecified above at this •rice
• Date: •.....:...... . .
Authorized
By:
BUILDER,ACCEPTED: The above prices and specifications of this Change Order are
satisfactory and are hereby accepted. All work to be performed under same terms and
conditions as specified in original contract unless otherwise stipulated.
Contractor will not proceed on this change order unless signed and dated by owner(s).
Date:~
Signature: �:. ...^� �,:.......
•
IN THE COURT OF COMMON PLEAS
OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUNTY
ADVANCED CONCRETE SYSTEMS, INC., :
Claimant NO. 13-6352-MLD
vs. MECHANICS' LIEN
•
CLASSIC COMMUNITIES CORPORATION, :
Owner • rn t"'
�r r�
CJ7 ; )
PRAECIPE TO SATISFY c
To the Prothonotary:
Please enter satisfaction of the mechanics' lien claim in the above-captioned action, upon
payment of your costs only.
Date: November , 2013 RU P TOW: POTTER LLP
MARV� RUDNITS ,ESQUIRE
ATTOR``��NEY NO. 0 58
ATTORNEY FOR 'LAINTIFF
1372 North Susquehanna Trail, Suite 130
Selinsgrove,PA 17870
(570)743-2333
Q lb '9, 5,465
eM/ u ?
401g»4
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff 0l +
r ;1d� ,t
Jody S Smith '' ! f 3 D£C `5
Chief Deputy ..,71:',. xra ' '
Richard W Stewart %`� h�
ENNS YLVA II
Solicitor =�r r,.�;µ Mfilrr P +'�8 �;'
Advanced Concrete Systems, Inc.
vs. Case Number
Classic Communities Corporation 2013-6352
SHERIFF'S RETURN OF SERVICE
11/15/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Classic Communities Corporation, but was unable to locate the
Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania
to serve the within Mechanics Lien Claim according to law.
11/20/2013 03:39 PM -The requested Mechanics Lien Claim served by the Sheriff of Dauphin County upon Gale
Haines, who accepted for Classic Communities Corporation, at 2151 Linglestown Road, Harrisburg, PA
17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $37.46 SO ANS /
November 25, 2013 ,7 PONN - ANDERSON, SHERIFF
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC'
Carlisle Boro, Cumberland County
My Commission Expires April 4,2017
NOTARY
Affirmed and subscribed to before me this /I j�
S‘f--&---? day of .-0 Q(vG'yl 'l , &itiocz b.-.e r
r, „ ^scs
Mttitt 131 the $s1tLrfff
ItAlf
Shelley Ruhl `' �i Jack Duignan
Real Estate Deputy NC) \V •r+ / Chief Deputy
tip, ,r.,
Matthew L. Owens r� � "���I Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg,Pennsylvania 17101-2079
ph:(717)780-6590 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania ADVANCED CONCRETE SYSTEMS, INC.
VS
County of Dauphin CLASSIC COMMUNITIES CORPORATION
Sheriffs Return
No. 2013-T-3015
OTHER COUNTY NO. 2013-6352
And now: NOVEMBER 20, 2013 at 3:39:00 PM served the within MECHANICS LIEN
CLAIM upon CLASSIC COMMUNITIES CORPORATION by personally handing to GALE HAINES
* 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the
contents thereof at 2151 LINGLESTOWN ROAD HARRISBURG PA 17110
* PERSON IN CHARGE AT TIME OF SERVICE.
Sworn and subscribed to So Answers,
!
before me this 22ND day of November, 2013
,,�t Sheriff o . shin Co ,��, '
By A
COMMONWEALTH OF PENNSYLVANIA D- suty Sheriff
NOTARIAL SEAL Deputy: W CONWAY
Karen M.Hoffman,Notary Public
City of Harrisburg,Dauphin County Sheriffs Costs: $47.25 11/19/2013
My Commission Expires August 17,2014