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Home My WebLink About02-3410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G/S/M INDUSTRIAL, INC., Claimant ATLAS ROOFING CORPORATION, Owner NOTICE OF FILING OF MECHANICS' LIEN CLAIM TO: ATLAS ROOFING CORPORATION 817 Spangler Road Camp Hill, PA 17011 Please be advised that G/S/M Industrial, Inc. has filed a Mechanics' Lien Claim against certain property and improvements thereon erected, currently owned by you, which property is known as 817 Spangler Road, Lot 2, Camp Hill Borough, Cumberland County, Pennsylvania, which is described with greater particularity in the deed June 16, 1989 and recorded on June 29, 1989 in Deed Book Volume 34-A, at Page 538-543 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. A true and correct copy of the Mechanics' Lien Claim is attached hereto. CuSTOMeR GEOEN[RGY IHTERNATIONAL CORP, 7617 S, 180TH STREET K[NT INVOICE O~ /22/2002 ATLAS. ROOF'rNG CAMP HILL P. 02/04 PA REF: P.O. LOT fP-6994-186 FABRICAIICN OF SKID MOUNTED RTO WITH OIVERTER tAMPER 60,900.00 SI.IR TOTAl_ 60,900.00 0222JFR2002 A MEHBER O~: i[~II]THE GOODING GRouP An Equal Employment Oppor~unl~ Employer WORKORDER GEOENERGY INTERNATIONAL cORP. 7617'S. I$OTH STREET KENT WA 98032 0~ INVOICE ATLAS CORP. IC/O GEOENERGY) CAMP HILL P, 03/04 PA IG DATE DUE 04/07/2002 REF: P.O. #P-7013.-186 LOT - - INSTALLATION OF' $~I0 MOUNTED GEOTMERM SUB TOTAL 19,870.00 030803P2002 A MEMBER OF II'THE GOODING GROUP An Equal [~mpIoymen~ OpputtuniC~ Employer 19,870.00 WORK ORDER '.JUN-0~'02 TUE 13:31 G/S/M INDUSTRIAL, INC. (717) 7'J8- 2021 · (717) C02.C~4764 CUSTOMER GEOENERGY INTERNATIONAL-::ORP. 7617 $. ]BOTH STREET ?, 04/04 INVOICE O~/1Z/2OOZ 32911 ATLAS ROOFING WA 98032 CAMP HILL PA REF: P.O. ~P-7013-186 cOSTS INCURRED TO EXTRACT AND RELOAD THE STONEWARE FOR THE RTO .AT ATLAS ROOFING PLANT IN CAMP HILL, PA - LABOR 4/1/02 42.50 HOURS LABOR 4/2/02 - 41.75 HOURS 3). HYDROVAC EQUIPMENT AND OPERATOR 4), CRANE TRUCK - EQUIPMENT (5 HOURS) DRIVER k5 HOURS) B). GRADALL TELESCOPIC FORKTRUCK FABRICATE BURNER STUB 7). TOLLS THIS INVOICC COMPLETE~ ALL BILLING FOR REWORK ON THIS PROJECT - - THANK YOU FOR YOUR CURRENT AND FUTURE WORK 1,700.00 1,670.00 2,500.00 ~00,00 200.00 551.20 300.00 27.].5 SUB TOTAL 0412JmR2002 A HEHBER OF [~/~'rNE GOODING GROUP An EquaJ Employment Opportunity ;mployer 7,248.35 WORK ORDER Exhibit B Ro~. HoFXdXa~, HLesXs~X~X, hereinafter re~e~ed to as onn~ee . NX~ESS~, ~a~ ~e Gran~r, for a~ in oonlidara~ion o~ o~B ~ (S~.00)~ ~ o~oF g~ a~ vax~Xe oono~dera~io~f ~ ~oll and t~ly paid by tho Gran~oe, a~ or before ~o lealing ~4 n~nu~es Eao~, a dAo~ance o~ 646.40 reo~ to a ~in~ a~ ~ , ..,.~ . length and 20~.7S .feet mo~ or less tn v/dth, bol~ m per,'or ~0 p~m%ees grented a~ conveyed by w%lmar Co~qra~on mo ~rentor to ~u~n D~s~lbutlon. ge~ic~ eh~n on t~ BullY/sion p3an r~o~ed Xn Plan Book~ pertlculnrly bounded and described es £ollovm: distil, ~70'foe~'~ ~_~u. aog~o In · a~thorly ~bby, ~lill i ~y bY P. p.u...-- r P ~y for B~i~F, dl~ Feb a ~ , g ored -3- reao~Lo~S~c~o~s.. ~onLn~ . regulaC/On., rights .o~ cecorded a~mul~aae~sly he.with, by and between He.den Zndustrial bot~on Hempen. l~uotrlll Dovdlo~on~ Au~orX~ aB Seller, and A~aO ~e~ ~uoto, a diviolon o~ A~Ia. Roof~ ~o~lon, as m~ou ~ ~m wouo ~lO~Lnff ~ An m-,~' ......... -4- and in e~l~y, or, Ln. ~o o~ oU~ of ~ ~ or ~a~ he.in TO HAVR AMD ~O HOLD fha oa~d par~l of l&n~ ¥~h &Il and · . ~o~ ~blio, ~e unde~.lgne~ ~ pe~o~lly a~ea~ed ~rate~ and that he al a~h o~oer, ~L~ au~rX~ed 2o do exerted ~e rorigo~ ~ed rot ~e pu~oin ~e~An contained signing ~e nm or ea~d Au~or~ty b~ hluolr . such'officer. ~! ~do~l~ ~lflOl 2haC ) b~or'o orf/ce,.ot the said coun~ -, 'f,~t, I ?~ ~' · '~. ~e~ Exhibit C 126 East King Street Lancaster, PA 17602-2893 Tel 717.2993201 Fax 717.291.4660 ~.~ley. com CERTn~IED MAIL ~ RETI. YRN RECEIPT REQUF___~TED Kelly Norton Knight, Enquire Direct Dinl Number:. 717.399.1530 E-mail: kknighl~barley.com Arias Roofing Corporation 817 Spangler Road Ca'ap Hill, PA 17011 NOTICE OF INTENT TO FILE MECHANICS LIEN To Whom it May Concern: We represent G/S/M Industrial, Inc. which supplied certain labor, materials and supplies to Geocncrgy, the general contractor involved in the erection and construction of improvements on certain property owned by you and known.aa the Atlas Roofing Corporation. Unfortqmately, the principal sum of$88,018.35 remains owing to our client for labor, materials and supplies furnished at the property. please be advised that unless our client receives payment in the full amount of $88,018.35 within thirty (30) days from the date of this letter, a Mechanics Lien Claim may be filed against the property described below. In accordance with the provisions of 49 P.S. §1501Co), this notice is to advise you of the following: 1. The name of the claimant is G/S/M Industrial, Inc. with a principabaddress of 596 West Trout Run Road, P.O. Box 607, Ephrata, PA 17522; ~. 2. G/SfM Industrial, Inc. contracted with Geoenergy with an address of 7617 South I gOth, Kent, Washington, 98032; 3. The total principal amount owing to G/S/M Industrial, Inc. bom Geoenergy is $88,018.35, of which the entire sum is apportioned to the property described in paragraph 6 below; 4. G/S/M Industrial, Inc. provided labor, materials and supplies aa described in the enclosed invoices {3 total} dated February 22, 2002; March 8, 2002; and April 12, 2002. 5. The materials and supplies were last provided on the job site on March 13, 2002; Bar~, Shy&x, Selffi & Cohen, IZC Lancaster · York. Harrisburg · Reading- Berwyn · Hanover- Chambersburg June 6, 2002 Page 2 6. A mechanic's lien may be filed against certain property owned by you together with the improvements erected thereon, which property is known as 817 Spangler Road, Lot 2, Camp Hill Borough, Cmnberland County, Pennsylvania, which is described with greater paCdcularity in the deed dated June 16, 1989 and recorded on June 29, 1989 in Record Book Volume 934, at Page 538 - 539 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. See property description attaebed. KMK/cmd/1083352 cc: James K. Towers, III G/S/M Industrial, Inc. SHERIFF'S RETURN - CASE NO: 2002-03410 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CI/MBERLAND G/S/M INDUSTRIAL INC VS ATLAS ROOFING CORPORATION REGULAR CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECH3kNICS LIEN CLAIM was served upon ATLAS ROOFING CORPORATION the OWNER , at 1420:00 HOURS, at 817 SPANGLER RD on the 22nd day of July 2002 CAMP HILL, PA 17011 by handing to BERNARD PARK, PLANT M3tNAGER a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~ day of ~ ~ ~)~ A.D. ~rothonotar~ - So Answers: R. Thomas Kline 07/24/2002 BARLEY SNYDER ~ De~ut'y Sher/f G/S/M INDUSTRIAL, INC., Claimant Vo ATLAS ROOFING CORPORATION, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3410 MLD CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance ofP. Kevin Brobson, Esquire, at the addresses listed below as counsel to Owner Atlas Roofing Corporation in the above-captioned matter. BUCHANAN INGERSOLL PROFESSIONAL CORPORATION P. Kevin Brobson Attorney I.D. #76693 One South Market Square 213 Market Street, Third Floor Harrisburg, PA 17101 (717) 237-4845 DATED: August 21, 2002 CERTIFICATE OF SERVICE I, P. Kevin Brobson, hereby certify that I am this day serving a copy of the foregoing document upon the person listed below by United States Mail, postage pre-paid, first class, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Scott F. Landis, Esquire Barley, Snyder, Senft & Cohen, LLC 126 East King Street Lancaster, PA 17602-2893 P. Kevin Brobson DATED: August 21, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G/S/M INDUSTRIAL, INC., Plaintiff Vo ATLAS ROOFING CORPORATION, Defendant No. 02-3410 NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G/S/M INDUSTRIAL, INC., Plaintiff Vo ATLAS ROOFING CORPORATION, Defendant No. 02-3410 COMPLAINT IN ACTION UPON MECHANICS' I,IEN 1. Plaintiff, G/S/M Industrial, Inc. ("G/S/M Industrial"), is a Pennsylvania corporation with an office at 596 West Trout Run Road, P.O. Box 607, Ephrata, Pennsylvania 17522. 2. Defendant, Atlas Roofing Corporation ("Atlas") is a Mississippi corporation and is registered as a foreign business in Pennsylvania with a place of business at 817 Spangler Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. G/S/M Industrial, as subcontractor, supplied materials which were used in the erection of improvements to property owned by the Defendants located at 817 Spangler Road, Camp Hill, Cumberland County, Pennsylvania (the "Property"). The contractor is Geoenergy International Corporation with an address of 7617 South 180th Street, Kent, Washington. 5. G/S/M Industrial filed a Mechanics' Lien Claim as a subcontractor ("Mechanics' Lien Claim") on July 18, 2002 in the Court of Common Pleas of Cumberland County, Pennsylvania to Docket No. 02-3410. A true and correct copy of the Mechanics' Lien Claim is attached hereto and made a pa~t hereof as Exhibit "A." 6. The principal amount of G/S/M Industrial's claim is Eighty-eight Thousand Eighteen and 35/100 Dollars ($88,018.35). 7. G/S/M Industrial has not received any payments on account of this claim. WHEREFORE, Plaintiff G/S/M Industrial, Inc. demands judgment in its favor and against Defendant, Atlas Roofing Corporation, on the Mechanics' Lien Claim in the amount of $88,018.35 with all allowable interest and with costs. By:~ 126 East King Street Lancaster, PA 17602 (717) 299-5201 Court I.D. No. 87365 I 0.23.02/KN/1116071.1 2 ~O'd -~±0± I, Samos K. Towers, III, Prosident, CYS/M Industrial, Inc., b~ing duly authorized to do so, v~ify that the facts set forth in the foregoing Complain~ in Action Upon Mechanics' Lien are true and correct to the best of my knowledge, information and belief, I undersland that false statements herein are made subject to the penalties of 11/Pa. C.S.A. ~4904 relating to unswom falsification to anthodties. Da~e: ~0 - 7.%- 10.14-02/KN/I I 1~071.1 ~O/kO'd 099PI6ELIL N3P~3 ±dNBS H30ANS ABqHH8 £0:~I EOOE-IE-IDO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G/S/M INDUSTRIAL, INC., Claimant ATLAS ROOFING coRPoRATION, Owner NOTICE OF FILING OF MECHANICS' LIEN CLAIM TO: ATLAS ROOFING CORPORATION 817 Spangler Road Camp Hill, PA 17011 Please be advised that G/S/M Industrial, Inc. has filed a Mechanics' Lien Claim against certain property and improvements thereon erected, currently owned by you, which property is known as 817 Spangler Road, Lot 2, Camp Hill Borough, Cumberland County, Pennsylvania, which is described with greater particularity in the deed June 16, 1989 and recorded on June 29, 1989 in Deed Book Volume 34-A, at Page 538-543 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. A true and correct copy of the Mechanics' Lien Claim is attached hereto. 7.17.ffHIGN/1093223.1 1 This claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania on the date stamped by the Prothonotary hereon and at the above docket number. Kelly M. Knight, Esquire Court I.D. No. 87365 Attorneys for Claimant G/S/M Industrial,/ne. 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 7.17.02/KN/1093223.1 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW G/S/M INDUSTRIAL, INC., Claimant Vo ATLAS ROOFING CORPORATION, Owner MECHANICS' ! JF, N CLAIM - SUBCONTRACTOR,S CLAI~ ] 1. The Claimaint is G/S/M Industrial, Inc., a Pennsylvania corporation with an office at 596 West Trout Run Road, P.O. Box 607, Ephrata, Lancaster County, Pennsylvania 17522. 2. Atlas Roofing Corporation is the Owner (the "Owner") of the property described in Paragraph 7 (the "Property") which is subject to the lien of this Mechanics' Lien Claim. 3. Claimant provided labor and materials (the "Labor and Materials") to GeoEnergy International Corporation, a Washington business organization with a place of business at 7617 South 180th Street, Kent, Washington (the "Contractor"), which were furnished for the erection of improvements to the Property. Claimant files this claim as subcontractor. 4. The Labor and Materials were incorporated into the improvements on the Property and included, without limitation "fabrication of skid mounted RTO with diverter damper, installation of skid mounted geotherm, hydrovac equipment and operator, crane truck (equipment and driver), gradall telescopic fork truck and fabricate burner stub," as described in 7,17.02/KN/1093224.1 I greater detail in the invoices dated February 22, 2002, March 8, 2002, and April 12, 2002. True and correct copies of the invoices are attached hereto and made a part hereof as Exhibit "A." The Labor and Materials were last provided to the Property by Claimant on April 4 2, 2002. 6. The aggregate principal amount owing to Claimant for the Labor and Materials is $88,018.35, all of which is apportioned to the Property. 7. The Property, which is subject to the lien of this Mechanics' Lien Claim, is a lot or tract of land with all improvements thereon erected known as 817 Spangler Road, Lot 2, Camp Hill Borough, Cumberland County, Pennsylvania, which is described with greater particularity in the deed dated June 16, 1989 and recorded on June 29, 1989 in Deed Book Volume 34-A, at Page 538-543 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. A true and correct copy of the deed is attached hereto and made a part hereof as Exhibit "B.' 8. Formal Notice of Intent to File a Mechanics' Lien was given to Owner on June 6, 2002, by certified mail. A true and correct of the Notice of Intent to file Mechanics' Lien is attached hereto and made a part hereof as Exhibit "C." ~7~co~ F. L~is, l~s4 ~:ourt I.~. No. 69798 Kelly M. Knight, Esquire Court I.D. No. 87365 Attorneys for Claimant G/S/M Industrial, Inc. 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 7.17.02/K~1~3~4.1 2 _VERIFICATION James K. Towers, III verifies that he is the president of G/S/M Industrial, Inc., Claimant in the within matter, that he is authorized to execute this Verification on its behalf, and that the facts set forth in the within Mechanics' Lien Claim are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~arnes IC Towers, III, President JUN~04-02 TUE 13:30 G/S/M INDUSTRIAL. INC. cuSTO~GR ~EOENERGY INTERNATIONAL CORP. 7617 S. t8OTH STREET KENT 9BO3Z INVOICE O; 122/2002 32681 ATLAS ROOFING CAMP HILL P. 02/04 PA BELOW GE0761 NET. 30 DATE DUE 03/24/2002 REF: P.O. ~P-6994-186 (1) LOT - - FABRICAIION OF SKID MOUNTED RTO WITH OIVERTER DAMPER 60,900.00 SI.lB TOTAl_ 60,900.00 0222JFR2002 A MEHBER OF [qTHE GOODING GROUP Ar', Faual Emolovme~ Oooo~unlw Employer 60,900,00 WORK ORDER . JUN-O~-02 TU£ 13:31 G/S/M INOUSTIUAL. INC. .~6 We,J T~out Run Road. P.O. Bo~< 607. Ephraa, PA (717) T~- ZO~ m, (717) ~2~-4764 FEDERAL ID~ 23-2~51789 PENNSYlVANiA SALES TAX # 36.3.32.804 CUSTOMER GEOENERGY INTERNATIONAL CORP. 7617'~. lSOTH STREET KENT WA 98032 INVOICE 0.':/08/200Z 32745 ATLAS CORP. tC/O GEOEflERGY) CAMP HILL P. 03/04 PA IG NET 30 I DATE DUE 04/07/2002 REF: P,O, #p-7013.-186 LOT - - [NSTALLATION OF SKID MOUNTED GEOTHERM 19,870.00 SUB TOTAL tg,870.rJO 030803P2002 A HEHBER OF [I~ITHE GOODING GROUP An Eoual Emoloyrnent Opportunity Emplcr/er 19,870.OO WORK ORDER JUN"Od'02 TUE 13:31 G/S/M INDUSTRIAL, INC. O~ 1£/2002 INVOICE ATLAS ROOFING 98032 CAMP HILL P. 04/04 PA 24071 BELOW GF. O761 DATE DUE O6/tI/2OOZ REF: P.O. ~P-7013- 1E,G COSTS INCURRED TO EXTRACT AND RELOAD THE STONEWARE FOR THE ~TO .AT ATLAS ROOFING PLANT IN CAMP HILL, PA - l). LABOR 4/1/02 - 4Z.50 HOURS 2). LABOR 4/2/02 - 41.75 HOURg 3). HYDROVAC EQUIPMENT AND OPERATOR 4). CRANE TRUCK - EQUIPMENT (5 HOURS) DRIVER t5 HOURS) 5). GRADALL TELESCOPIC FORKTRUCK 6). FABRICATE BURNER STUB 7). TOLLS THIS INVOZCE COMPLETES ALL BILLING FOR REWORK ON THIS PROJECT - - THANK YOU FOR YOUR CURRENT AND FUTURE WORK 1,700.00 1,670.00 2,5O0.0O 200.00 200.OO 551.20 300.00 27.).5 SUB TOTAL 7,248.35 04!2JF~2~02 A HEHSEK OF [~m~'rHE GOOD[NG GROUP A. F~, ~! F m~ovmenc OooortunJty Employer 7,248.35 WORK ORDER ,OE~OSS./XTLASP~r.D~D/JUne ~S, DIID THiS X~n~ruP~, ude fhA, ///" dey of ~une, An ~e year Xlnstmen Hundred ~Ighty-#lnm txge~). CO~PO~ATXOH. t xis·io·ippi corporation, vith orrises ·e V·lley Ro~d. XoFId~&~ XL·Sis~ippi, hsrsinetterrefa~redto~e'Orantss#. WXTHESGETH, that the Grsnt~r, for and in oonalderat/on o£ ONE DOLL~ (SI.Q0) ~nd other g~0d and valtt~bla conaidsratiofl, lavful money of the 0nltod states of AmeriCa, to the G~sntor in h~nd well .and truly paid by the Grantee,' et or borers tho .sealing and doll¥o~r' Or thOSe present·, the receipt vher·or ti hereby acMnowlod~¢d, has gr~nted, bargained, ·old, cliched, enreo££ed,' rolcm~d, convoyed &nd confIt~nod, and b M those presents does grant, bmrgGln~ soil., elienoGn~oofr, rslOase,.conVoy andconflruunto the tho Borough ot CampH~IX' Cumberland County, Pennsylvania; hounded and described.s· Enllovst B~IW~ISG it · point, which point Il 328~.40 feat east o£ tho right.of way lin· of Ramp "F0~ State Routs 767-3 end the northoaoterncorner of lands or Zr thence along tho sOUthern line or lends nov or leto of Fred rials ~orth ?4 degrees 41 nlnutol East~ diotencM o£ $02.24 foot to.e pointr thence by the No.th 69 degrees 0l nXnvte East, e' dlotance o£ 232 feet to a point on the southern right of way line Of State Route 76'?-2r thence by'said r~ght o£ vayWorth'?7 degrees X( minutes Eaot~a distance of ~46.49 f~et to a point et tho western line ot Builders Supply & Fuel'Co.j theace by Build3ro Supply & fuel Co. South 14 degree· 3g uinutes 30 cocond~ E~st, s distanceof 309.41 £e&t to · point; tJsc~co by lends o£ the Pennsylvania ,Railroad South 69 d~r.eo0l minute West, a distance of 057.51 feet to points thence by the sase South 74 degree· 41 minute. ~c~t, a distance of $22.01 rest to · polnt~ thence by lafld~ of tho ~unicipal Authority o£ the Borough Le~;oyno Worth ls degrees ~9 minutes West, · distance of 00 foot to a poAntj thence by tho sane South ~4 degrees 42 minutes #SSt, s distance or 8~ f~et to n ' I t along line or .lends nov ........ po n .~ ~hence. Authority. ~eeultable ~'-~ ~_.=uoe. r.~sna, cowry ~el~n~ ......· ,~'e~ ~. ~ aegr~e, X0 minut0m Weat~. a dab nco fie ~o.a pozn~, ~ ~Ant 'or 'BE~MG~ BBZNG LOt No. 2' recorded In Plan Book -Pago~, co'raining 12.$78 acre·, nero or Lees. HAVXNC 'ERECTED THEREON · ~onc=mce block and steel building measuring 403.42 feet Bors or lea· In length sad 202.70 .feat nors or leos in width, being a part 'of the premises granted end co~oy~.by Co. ~y ~t8 ~ da~ ~ober 14~ .~982 m~ re~rd~ ~* orr~c, of ,~. Aero,er. o~ ~ed8 ~n ~erle~ Cowry, Pennsylvania,.' An Deed ~ok'wx" V01~e 29~ Page 993, ~toboF 14, ~8~. ' ~H~ WX~H an eaeemen~ ~eF ~ Ho. I aa aho~ on t~ au~AvAoAon pXan reco~aed An Pl~ Book~ ro~h in ~ed ~rom ~up~Ln. Die.FLeXlon sa~lce. Co:. tO tho Mu~XoX~X Authority o~ the Borough o~ ~moyno, dated or Doedo Ln a~ For ~mborland ~un~y L~ ~od B~k eve, VOIU~ 30, Page 401, On AU~B~ 7~ ~984, and lB' mope B~INNZNG a~ a ~/nt on the northWeStern lane o~ la~dl c~vey~ tO :Hunict-pal XuthorL~ o' ' ~_~oyney thence no~herly at ~n 1---[--~ ~e. Bo~u~h ~ an interior a~lo -- ..._. . ~ at/ ~zr~tion, 270 too~'~-~v-u~gr~e in · oOutherl e~ ' -' '-" p~&n~ on lane og la~e of °re~n~zonee. Hunlolpel .Authority~ theses 'South do~reoa 41 m/autos West, ~ d/orate or 30 fee~ to ~e poin~ o~ BEGZNN~G. ' UND~ AND Bu~t~ to =onditi~l, flute or ways, or easements uo ~ovn on P/an or ~ope~y rot Libby, ~WoLIL& ~Lbby by D. P. hrrens · Su~eyor.. d~t~__ ---.~'~ ............ ~- P ~er,. Rogletered United ~a T~ ....... ~ . M ~ a Draying ~ ......... ~ny., dated Nay B, uo 34 e~vl~ - ;Bring of ~ecord, lB ~olXovmt :(X) port~ of praises aa a means o~ .a~eoo ~o 2~2, (2) ~onon~ ~r thor3 3) Ba~ou~'t~n Esr ch~el .~ango 0 , .( ..... ----~-a3~ o~ ~nnoyxvanza off ~X~ And ~Ake~ D~ ~se ~ ...... . ~- .. u.nl ~n~o C~p3ny 4~ted ~anua~' 23, 1962, (4) z0 ~let vide G~n~a~ a~or eaGem~ em ah~ on ~lmn,' and e-inch va~cr main as shown on Plan a~ as dorXn6d ~ an F~')ru~ ~0f i950~ A~d r~corded ih HiSs. ~k 92. Page 2G~; m~ e~iotinv 2" water lines sxtending ~, l.,[Gc. ~ook ~6~, Page 73S~ and as fhoK sa ~e above- ~on~ioned nn~ conditions; is foXl~s: (X) Rights or ~ooe zav~uZxy ~cr~,0 m potion 'of ~o doscrXbe~ ~ enid G~ante~, Xte 8ucee~porm' or aoozgnB, 8na~z no~ nr.J viii not,: at any ~ime herou~t~ Xn~r~oro vL~ or b~t~con ~nor '-Real '~tate Compan~ 8nd ~o 2:~lro~d Co=pa~ ~ted April 30~ lg63f 'and recordsd in ~;Xc=. ~0k X6Z, ~aga 309~ roleaal~ said ~e Any obligation to Conot~ a~ maintain fe~a.~ (b) obligation ~o pr~Xde la~ral aupportt tP~ Cc) d~;.=.~O~ VhXch l~y ~m caused by ~m ll/d~q or any ct tho adJo~ing rallied e~a~ent or ~ ~e dratn~ eaeenen~ 20 feet ~lde ~se~ un~o Dau~Ln So~Lcea co.,. Gr~or herein, ~DED ~D DES~D F0 ~W8 s . BBG~NXU~ u~ ~o no~Ot co~or of .ho~o~nbefo~oc~od t~l ~e~ Bo~~ 1S degree 19 . minutes East a dintanca og 30 feet ~o · po~nt, ~e ~ -3- d/seines .or 66S.'97 toe~ ~o .I ~Ln~! ~he~ No~h 74 de,Feel 0S~m/nu~ei S0 BQCO~O.~O~ a diet&nco or or, x~.oe ~eo~ to a ~ on ~e no=~e~ line 14 minutes' East a~ong ea~d no~e~ ~Xno 39"ULnu~08:30 o~o~a Eao~ a dibble or 4.32 ~int on ~e eastern line ' or the he.in.espied Mast a dLo~nce or 47.89 ~ee~ ~o s point; thence Sou~ 6S d~Feen S8 n~tea~44 se~nd8 West a distance o~ X01,2X fee~ to a poiht~ ~en~ flou~ 74 d~rees 05 mL~tea 'S0 o~o~o Mast a dLe~ Or 648.49 pOintr ~4 sou~h 74 degrees 4X /~u~el Weo~ m dAstan~ he~/~e'~ore-deocr~bed pren~mem~ ~enc8 ao~ ~5 d~em ~9' m~nu~es .Me*~ m distance of 2o tee~ ~o a ~Lnt~ p~ace or ' ~O ~ER' ~DER ~D ~MB~, neve~he~eee, 'to all ron~.H~.~ldi~ ren~r~CAona, zoning regulatLbna, rights .o~ gay, · ~t. 0~ and ~roh~p reade, /treats, and h~qhvays, whaler 0r not opened~ A~ BEXNG ~DB~ AND SUM~ to: (l) ~ co~aAn Z~eflture or He.gage a~ ~n~ dated as O~ ~une X, X989, a~ ~nte~ed ~o be Eo~rded linul~afle~a~y he~v~th~ ~ a~ ~we~n Ra~den Xndus~rAal p ~ t~xa) Hational Aso~mtion, as T~otee, and F~rst fleaaee hnk Uatioflal ~ooclation.' aa'their in~e~oc Buy' appear; ) an AgreeMnt o~ Sale d&~d ~e l~ 1909, 6~ I Honoraria. or ~h~h Aa. Ant0~ed to bo re~od oi~l~Ono~aXy her~A~h.' by bot~en .amm~en'. Xnduetrial ~v~lo~en~. Au~ority an Seller, .and ~as Eno~ ~uota., a division of XtlaS R0orA~ UUyeFr a~ (2) ~ AaaLg~nt or ~e Agre~t o~ ~ale dated June 1, 1989r mad inte~ 'to ~ FJ~ .si~lta~ely a~ htuen AtlAs Bne~ PF~u~t0~ a ~AvAeAon ~or~t~On ~a Seller m~ Citizens a~ S~e~ T~e~ t o~zaj Hatzonil ~.~iation as bsignee. ~Z~GL'A3~ vith ali and sing~l&r ~hs v&ys, roods, Maters, vatero~roei, r~hts,' IA~rtlel, prLV'/X~oe, appu~a ~ '~e gabs bol~Ang oran an~Lae a~ ~l ~e~t~ aM re~rai~s,, reUi~er m~ ~e~ ~n~ -4- nnd In equity, of, 'Ln~ to or. oU~ of ~ha ~Fao~m o£ ~ana described ar~ ~vsFy pa~ and plr~l ~h&F/of wl~h tho appurtenances. TO HAVE ANb TO HOLD ~he~aald. Par~sl of. land, wi~h all and ntn~lar tho heredL~uentS and appur~enaneH un~o ~ho ~ran~an, lt, successorS, and losig~s, tO :And for ~e :o~y ..p~F ~ae ~ hh~r SUM=~. ' as a~o~eeaid. '- ' does by these p~oaenb, covenant, g~t end eg~oo to and vX~h whomsoever lawfully claiming oF to clain ~e same oF any alkali ~ Will, by ~haae p~esen~lj H~ ~D ~ DEF~D. XN ~ESS ~EOF; ~o GFan~oF has ~us~ ~hig ~d be signori by i~ p~p~ ~e og~i~rs and i~, 'co,Fate m. #o~ar~ ~blXc, ~e under~gned ~rl~r, personally a~eared W~ll~em B. ~l~s, vho ackfl~lu~ ~a~ ho la' ~e ~an o~ co.rite, I~'t~t hera I~h ofllo4r, bo~ suer/zed to do os, ;EM WIT~RSa MJ~OF, X hereunto eat ny hand 'and o£fiotel da~o ~bovo -'-,- auld. ?~,,.,my hund a~d ~he leal or the said 0££1°e, the ,.,~ ~ (...~. Red,der ' ,., ':. ~ :~.'~,*' '.__ ..'-'/~: ~' .- ,.,/~'.. ii~(~34 at~ 543 126 East King Street Lancaster, PA 176024893 Td 717.299.5201 Fax 71Z29L4660 D/r~ct Dial Number:. 71739~.I~30 " June 6, 2002 CERTIFIED MAIl. - RETURN RECEIPT REQUESTED Arias Roofing Corporation 817 Spangler Road Ca~p Hill, PA 17011 NOTICE OF INTENT TO FILE MECHAN/OS Lll,.N To Whom it May Concern: We represent G/S/M Industrial, Inc. which supplied certain labor, materials and supplies to Geoenergy, the general contractor involved in the erection and construction of improvements on certain property owned by you and known.as the Atlas Roofing Corporation. Unfortunately, the principal sum of$88,018.35 remains owing to our client for labor, materials and supplies furnished at the property. please be advised that unless our client receives payment in the full amount of $88,018.35 within thirty (30) days from the date of this letter, a Mechanics Lien Claim may be filed against the property described below. In accordance with the provisions of 49 P.S. §lS01(b), this notice is to advise you of the following: 1. The name of the claimant is G/S/M Industrial, Inc. with a principalmddress of 596 West Trout Run Road, P.O. Box 607, Ephrata, PA 17522; ~ ~ 2. G/SIM Industrial, Inc. contracted with Geoenergy with an address of 7617 South 180tlg Kent, Washington, 98032; 3. The total principal amount owing to G/S/M Industriall Inc. fi'om Geoenergy is $88,018.35, of which the entire sum is apportioned to the property described in paragraph 6 below; 4. G/S/M Industrial, Inc. provided labor, materials and supplies as described in the enclosed invoices {3 total} dated February 22; 2002; March 8, 2002; and April 12, 2002. 5. The materials and supplies were last provided on the job site on March 13, 2002; Barley, Snyder, Senft & Corm, LLC Lancaster · York · Harrisburg - Reading · Berwyn. Hanover - Chambersburg Jane 6, 2002 Page 2 6. .A meChanic's lien may be filed against certain property oWned by you together with the improvements erected tbereon, which property is known as 817 SPangler Road, Lot 2, Camp Hill Borough, Cumberland County, Pennsylvania, which is described with greater particularity in the deed dated June 16, 1989 and recorded on June 29, 1989 in Record Book Volume 934, at. Page 538 - 539 in the ReCorder of Deeds Office in and for Cumberland County, Pennsylvania. See property description attached. KMK/cmd/1083352 cc: James K. Towers, IH G/S/M Industrial~ Inc. G/S/M INDUSTRIAL, INC., Plaintiff ATLAS ROOFING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3410 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Buchanan Ingersoll Professional Corporation, P. Kevin Brobson and Stephen Moniak, at the addresses listed below as counsel to Defendant Atlas Roofing Corporation in the above-captioned matter. BUCHANAN INGERSOLL PROFESSIONAL CORPORATION P. Kevin Brobson Attorney I.D. #76693 Stephen Moniak Attorney I.D. #80035 One South Market Square 213 Market Street, Third Floor Harrisburg, PA. 17101 (717) 237-4800 DATED: November 7, 2002 CERTIFICATE OF SERVICE I, P. Kevin Brobson, hereby certify that I am this day serving a copy of the foregoing document upon the person listed below by United States Mail, postage pre-paid, first class, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Kelly M. Knight, Esquire Barley, Snyder, Senti & Cohen, LLC 126 East King Street Lancaster, PA 17602-2893 By: PT'. Kevin Brobson DATED: November 7, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G/S/M INDUSTRIAL, INC., Plaintiff ATLAS ROOFING CORPORATION, Defendant No. 02-3410 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint originally filed on October 29, 2002 in the above-captioned action has been served upon Bernard Park, Plant Manager, a person authorized to accept service on behalf of Atlas Roofing Corporation, Defendant, at 817 Spangler Road, Camp Hill, PA 17011, on November 4, 2002. A tree and correct copy of the Sheriff's Return is attached hereto as Exhibit A. Kelly M. Knight, Esquire Court I.D. No. 87365 Attorneys for Plaintiff G/S/M Industrial, Inc. 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 11.11.02/KN/1124521 Exhibit A SHERIFF'S RETURN - REGULAR CASE NO: 2002-03410 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND G/S/M INDUSTRIAL INC VS ATLAS ROOFING CORPORATION VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon ATLAS ROOFING CORPOP~ATION the OWNER · at 1515:00 HOURS, on the 4th day of November , 2002 at 817 SPANGLER RD CAMP HILL, PA 17011 BERNARD PARK, a true and attested copy of MECHANICS LIEN CLAIM by handing to PLANT MANAGER together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 SWorn &hd"S~bScribed-tO before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 11/05/2002 BARLEY SNYDER ~ ' Deputy She~ff G/S/M INDUSTRIAL, INC., Plaintiff Vo ATLAS ROOFING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3410 CIVIL ACTION - LAW NOTICE TO PLEAD TO: G/S/M Industrial, Inc. c/o Kelly M. Knight, Esquire BARLEY, SNYDER, SENFT & COHEN, LLC 126 East King Street Lancaster, PA 17602 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BUCHANAN INGERSOLL PROFESSIONAL CO?~ORATION By: ~'~ " P. Kevin Brobson Pa. Attomey I.D. #76693 One South Market Sq[uare 213 Market Sereet, 3TM Floor Harrisburg, PA 17101 (717)237-4845; (ph) (717) 233-08512 (fax) DATE: November 22, 2002 G/S/M INDUSTRIAL, INC., Plaintiff Vo ATLAS ROOFING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3410 CIVIL ACTION - LAW ANSWER WITH NEW MATTER Defendant Atlas Roofing Corporation ("Atlas"), by and through its attorneys Buchanan Ingersoll Professional Corporation, hereby responds to the Complaint in Civil Action Upon Mechanics' Lien filed by PlaintiffG/S/M Industrial, Inc. ("G/SiqVi") as follows: ANSWER 1. Admitted. 2. Admitted. 3. Denied. 4. Admitted in part and denied in part. It is achmitted that Atlas contracted with Geoenergy International Corporation ("Geoenergy") to provide certain equipment for Altas' facility located at 817 Spangler Road, Camp Hill, Cumberland County, Pennsylvania 17011. It is further admitted that Geoenergy maintained a place of business at 7617 S. 180th Street, Kent Washington 98032. The remaining averments of this paragraph are denied. 5. Admitted in part and denied in part. The existence of the July 18, 2002 filing is admitted. The filing is a documents that speaks for itself. Any characterization of the document by G/S/M is denied. mechanics' lien in the amount of $88,018.35. is denied. Admitted in part and denied in part. It is admitted that G/S/M's claims a The validity and propriety of the claim, however, Denied. After reasonable investigation Atlas is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and, therefore, they are denied. NEW MATTER 8. Atlas incorporates by reference as if expresslly set forth herein its answers to paragraphs 1-7 of the Complaint. 9. G/S/M fails to state a claim as a matter of law because it improperly seeks to execute on a mechanics' lien on real property for alleged amounts owed by Geoenergy to G/S/M with respect to the manufacture and installation of equipment that is not permanent in character and that does not form a part of the property such that it would pass on conveyance of the property. Alternatively, G/S/M fails to state a claim as a matter of law because the work 11. Upon information and belief, G/S/M had actual notice of the total amount of the contract price that Atlas was to pay Geoenergy for the subject equipment and of its provisions for the time or times for payment thereof before G/S/M furnished any labor or materials with respect to the equipment. 10. performed by G/S/M constituted an "alteration and repair," a~ defined by 49 P.S. § 1201, and G/S/M failed to give the required notice under 49 P.S. § 1501(~0. 12. Pursuant to 49 P.S. § 1601, Atlas has retained $51,600 in moneys due to Geoenergy with respect to the equipment that is the subject of this action. 13. G/S/M's claim, to the extent the Court finds it valid, should be limited to its pro rata share of the portion of the contract price that remains unpaid by Atlas to Geoenergy pursuant to 49 P.S. § 1405. Respectfully submitted, DATE: November 22, 2002 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION P. Kevin Brobson Pa. Attorney I.D. #76693 One South Market Sc[uare 213 Market Street, 3r° Floor Harrisburg, PA 17101 (717)237-4.845 (ph) (717) 233-0852 (fax) . Nov.22. 2032 3:03PM ATLAS ROOFING CORP No.4268 P, 5/6 I, Bernard ?ark, Plant ~a~ager of Atlas Roofing Corporation, have read 'the foregoing document and verify that the facts set forth are true and correct to the best of my knowledge, information and belie£ To the cxlent that the foregoing docur~..m ~d/or its language is tlmt of ¢o~,n~l, I have relied upon counsel in ~ ~ Verification. I und~tand that any false statements made herein are subject to thc penalties of lg Pa. C.S. § 4904, relatin~a to ~nsworn falsification to a~tthorities. Bernard P.'trk NOU 22 2002 14:39 717 975 695B PRGE.05 CERTIFICATE OF SERVICE I, P. Kevin Brobson, hereby certify that I am this day serving a copy of the foregoing document upon the person listed below by United States Mail, postage pre-paid, first class, which service satisfies the requirements of the Pennsylvania Ru][es of Civil Procedure: Kelly M. Knight, Esquire Barley, Snyder, Senft & Cohen, LLC 126 East King Street Lancaster, PA 17602-2893 By: P. Kevin Brobson DATED: November 22, 2002 SHERIFF'S RETURN - CASE NO: 2002-03410 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND G/S/M INDUSTRIAL INC VS ATLAS ROOFING CORPORATION REGULAR VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon ATLAS ROOFING CORPORATIONthe OWNER , at 1515:00 HOURS, on the at 817 SPANGLER RD 4th day of November 2002 CAMP HILL, PA 17011 BERNARD PARK, by handing to PLANT MANAGER a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this '7 ~ day of ~-~ ~ A.D. honorary So Answers: R. Thomas Kline 11/05/2002 BARLEY SNYDER By: ~' She~' f Deputy IN THE COURT OF COMMON F'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G/S/M INDUSTRIAL, INC., Plaintiff · No. 02-3410 V. .' ATLAS ROOFING CORPORATION, Defendant 9-10. PLAINTIFF'S. G/S/M INDUSTRIAL, INC, RESPONSE TO DEFENDANT'S NEW MATTER Denied. These allegations are conclusions of lm~ to which no response is required. To the extent that a response is deemed required, it is denied. As stated in the Mechanics' Lien Claim, Plaintiff provided labor and materials that were famished for the erection of improvements on the property that are permanent in character and would pass on conveyance of the property. The labor and materials provided include, without limitation, the fabrication of a RTO with diverter damper, installation of geotherm, hydrovac equipment and operator, crane truck (equipment and driver), gradall telescopic fork truck and fabrication of a burner stub, as described in greater detail in the invoices dated February 22, 2002, March 8, 2002, and April 12, 2002, which have been previously attached to the Mechanics' Lien Claim as Exhibit "A." 11. Denied. G/S/M Industrial, Inc. was not privy to the contract details between Geoenergy and Defendant before furnishing any labor or materials for the erection of improvements on Defendant's property. 12. Denied. Plaintiff is without sufficient information to form a belief as to the truth of the matter asserted. 13. Denied. This allegation is a conclusion of law to which no response is required. Kelly M. ~haight, Esquire Court I.D. No. 87365 Attorneys for Plaintiff G/S/M Industrial, Inc. 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 1131695-1 No. 02-3410 y~. RIFICATION I, James K. Towers, HI, President, G/SfM Industrial, Inc., being duly authorized to do $o, verify that the facts set forth in the foregoing Response to Dofe.adant's New Matter are true and correct to the best of my lmowledge, inf~ioa and belief. I understand that false statements herein are made subject to the pe~ties of 18 Pa. C.S,A, §4904 relating to umwora £alsification to authorities. G/S/M Industrial, Inc, Smne~ K. Towers, III No. 02-3410 IN THE COURT OF COMMON PLEAS OF CUMBEP&AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G/S/M INDUSTRIAL, INC., Plaintiff ATLAS ROOFING CORPORATION, Defendant No. 02-3410 CERTIFICATE OF SERVICE_ I hereby certify that a tree and ~/ect copy of Pl~iff's Response to Defendant's New Matter has been served this /~.?,.z-~- day of/~~/~,2002, by First Class - / U.S. Mail, postage prepaid upon the following: P. Kevin Brobson, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION One South Market Square 213 Market St., 3~ Floor Harrisburg, PA 17101 BARLEY, By: i ell~ M,21~nig~ht,/Esq~l~~' ~urt I~. No. 87365 / ~ Attorneys for Plaintiff G/S/M Industrial, Inc. 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 C 1131695-1 No. 02-3410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G/S/M INDUSTRIAL, INC., Plaintiff ATLAS ROOFING CORPORATION, Defendant No. 02-3410 PRAECIPE TO THE PROTHONOTARY: Kindly mark the Mechanics' Lien Claim filed in the above-captioned mattm' on July 18, 2002 as satisfied, settled, ended, discontinued and discharged with prejudice. BARLEY, SNY~EN~T~N, LLC ./~rl~w~M. Long, Esquire / · ~ I/D./No. 83774 _~ ~meys tbr PlMnt~ G/S~ MdusMal, ~c. 126 E~t King S~eet L~c~ter, PA 17602-2893 (717) 299-5201 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe has been served this _~day of September, 2003, by First Class Mail, postage prepaid, upon following: the P. Kevin Brobson, Esquire BUCHANAN INGERSOLL, PC One South Market Square 213 Market St., 3ra Floor Harrisburg, PA 17101-2121 BARLEY, SN~ SE~, LLC ~.D?/qo. 83774 .~// J~omeys tbr Plaintjlr~j/ G/S/M Industrial,~. 126 East King Sffeet Lancaster, PA 17602-2893 (717) 299-5201