HomeMy WebLinkAbout02-3444(49 Pa. Cons. Stat. § 1503)
TO:
PROTHONOTARY OF: CUMBERLAND COUNTY
FROM:
CLAIMANT: Climatic Control Co., Inc.
5061 West State Street
Milwaukee, Wisconsin 53208
PLEASE TAKE NOTICE that Claimant claims a mechanic's lien as follows:
1. Claimant claims this lien as subcontractor.
The name and address of the owner or reputed owner is: Atlas Roof'mg Corporation, 817
Spangler Road, Camphill, Pennsylvania 17011.
3. The date of completion of Claimant's work is: March 26, 2002.
The person with whom claimant contracted with is GeoEnergy International Corporation
(7617 South 180th Street, Kent, Washington 98032-1048). A Preliminary Notice under
Pa. Cons. Stat. § 1501(a) was not required. A Formal Notice to Owner, pursuant to 49
Pa. Cons. Stat. § 1501(b), was served upon the owner via certified mail on June 17, 2002.
Detailed statement of the kind and character of the labor or materials furnished, or both,
and the prices charged for each thereof: Claimant supplied controls for a regenerative
thermal oxidizer, pursuant to a subcontract with GeoEnergy International Corporation, for
a total contract price of $58,885.03.
6. The amount or sum claimed to be due: $58,885.03.
Description of the improvement and of the property claimed to be subject to the lien as
may be reasonably necessary to idemify it: the regenerative thermal oxidizer supplied and
built by the contractor, GeoEnergy International Corporation, and the property on which
it is located, known as the property of the Atlas Roofing Corporation, located at 817
Spangler Road, Camphill, Pennsylvania 17011 (Real Estate Parcel Identifier Numbers 01-
22-0535-098, and 01-22-0535-100.) A legal description of said property is attached
hereto.
Dated: July 18, 2002
P. O. Address:
Suite 1400
111 East Wisconsin Avenue
Milwaukee, Wisconsin 53202-4870
(414) 276-5000
CLIMATIC CONTROL COMPANY, INC.,
Claimant
By: ~~//~//~ '-'
AS~u;~nno~follr the Claa3e~s~i imant
the Borough of Comp Mill, Cumberland County,
Pennsylvania, bounded end described.es £ollows~
BEGINNING et a point, which point is 2283.40
1~ thence along the southern line of lands now or late
of Fr~ Flala ~OL'~ch 74 degrees 41 minutes East
distance of ]92.24 foot to a point~ thonce by the
North 69 degrmum 01 minute ~a~tt a distance of
to a point on the southern right of way line of State
Routs 767-2; thence by said right of way North'77
14 minu~em East, a distance of 646.49 feet to a point at
tho western line of Buildors Supply & Fuel Co.; thence
by ~ulldor~ Supply &Fuol Co. South 14 degrees 39
~0 mo¢ond~ EaSt, O distance of ~09.41 feet to a point!
thanes by lends cf the Pennsylvania Railroad Houth 69
dcgr~oo 01 minute West, a distance of 857.58 feet to
point~ thence by the same South 74 degrees 4l minutes
Wo~t, a distance of 522.01 foot to a point! thence by
lends of tho Hunicipal Authority of the Borough of
Lemoyne North 15 dogrsos 19 minutes Wost~ &*distanc
80 foot ~= a point~ thence by the same South 7~ degrees
41 minutes Woof, a distance of 80 feet to a point~ thence.
aloa~ line Of lends now or C~mberland CO~ty Development
Authority (equitable owner~ Dauphin Distribution Services
Co.) ~orth 15 degrees 19 minutes We;t~ a ~istaDoe
~19.9~ feet to a point, the p01~t*of
~BING Lot No. 2 recorded in Plan Book ~
Page ~'~ containing 12.578 acres, more or less. ' '
~AVING 'ERECTED THEREON a concrete block
~tael.butl~/n~ measuring 402.42 feet more Or le~
part Of the prem~s~ granted and conveyed by Wilmar~
Co.oration as G=a~or to oaophin Distribution
Co. by ~=e Deed da~ed October 14~ 1~82 ~d recordea
the Office of the Recorder of Deed~ in~erland COun~y~
Pennsylvania, ~n D~ed Book "In, Vol~e 29~ Page 993~ OR
October 14~ 1982.
TOGETHER WITH a~ easement Over ~ No~ I
forth in Deed from Dauphin Distribution Se=vices C~. ~o
tho Hunieipal Authority o£ ~ho Borough of ~emoyne, dated
.May 23~ 1984, and recorded ~n the Offico o~ the Recorder
of Doeds In and for Cumborland County in Deed BOOk
Volume 30, Papa 401~ on August 7~ 1984, and as
particularly bounded and doscribed as follows:
BEGINNING at a poinC 'on the northwestern line
of lands conveyed to H~nicipal Authority of the Borough
of L~moyns~ thence northerly at an Anterior angle of 90
degrees from the northern line of the said pre~ises
distance of 2?0 feet to e'point~ thence North 74 degrees
41 mlnutes East~ a distance o= 30 £eet to · point~ thence
et a~ interior angle of 90 degrees in a Southerly
diroo=lon, 27o fe$~ to a point on line of le~da of the
aforementioned Municipal AuSherityl thenc~ south 74
dogrsea 41 mlnutos Weet~ a distance of 30 feet to
point of BEGINNING.
UNDER AND SUBJECT to *conditions, rights o~
ways, or easom~nts .as ~how~ on Plan of Property fo~
Libby, HcNsill & Libby by D, P. Raffsnsperge=,
Hurveyor, dated February 15, 1963, and revised ~arch
196]~ end April 8, 196~ and also as show~ on e Drawing
labeled "united Gas Improvement Company," ~ated Hay
-2-
E~a~t o~ a So feet ~lde ~c&d~a~ ~e~ the
po~ion of pr~mieee aea ~es~s of access ~o
o~e~f ~ ~ore ~ULL~ net ~o~h ~n ~od ~0~ 20 V,
O~hOr~, (3) Ea~o~ont taken ~or cha~el chango ~s ~ho~
undur and by ~i~ue o~ an in~ent from ~ano=
on, ov,~, acro~ and undo~ the duscribed pro~lse~, (5)
en~ condi~on~, ~a follo~ (~) R~ghta O: tho~a *~W:
aDplic=blo~ it boing e~ro=~ly under~too~ an~
ob;t~uc~ th~ natural flo~ o~ drainage water ~n
Kiso. Book 161, P~go 309, releasing sui~ The Penn~ylvania
Any o~ligatio~ to const~c~ and maintain ~encus~ (b)
d~;..~:~ vhLch ~y be causod by the sliding o: any pa~
ea=euen: 20 feet vide re~e~ed'un:o Dauphin Dls~lbu~io~
Sa~iCuO Co., Grantor herein,. BOUNDED ~D
horc~e~oro-do,cr~bed t:actr ~ence South 15 de~rees xg .
~inutu$ East a d~tanco o~ 30 fee2 ~o a ~oin~ ~o
OF BEGI~ING~ ~hence North 74 degrees 41 m~nutes ~ast
d~etance of 665.87 feet to a po~n~ ~hance No=~
~e~rees 05 minutus 50 soconds East a d~m~ance of 665.87
seconds East a di~anoe of 97.48 fee~ ~o a poin:~ thence
of 12.08 feet to a point on the northern line o~
14 minutes East along said no~hern li~e of the sa~d
39 minu~es 30 ~ecands Bast a ~lstance of 4.32 fee~ to a
po~n~ on the easter~ line of the
West a dis:ante of 47.89 feet to a porn=; ~ence South
65 d~rees 58 minutes 44 seconds ~es~ a di;tance of
101.21 fee~ to a po~nt~ ~ence Sou~ 74' degrees.
19 m~nutes West a distance of 20 fee~ tO a ~ln~,
place of BEGI~ING.
Neil, Cannon
S.C.
July 18, 2002
VIA OVERNIGHT DELIVERY
Prothonotary's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013
Dear Sir/Madam:
Enclosed for filing, please fred two duplicate original copies of a Claim of Lien under 49 Pa.
Cons. Stat. § 1503, together with a check in the amount of $15.00 in payment of the filing fee.
Please fde the Claim of Lien, and as an acknowledgment of having done so, kindly f'fle-stamp
one of the enclosed copies, including the court term and number and date of filing, and return
it to me in the envelope provided.
Should you have any questions or require anything further, please contact me immediately by
telephone. You may call collect.
SJS:kas
Enclosures
Bank One Plaza III East WisconsinAvenue Suite 1400 Milwaukee WI 53202-4870 Phone:414-276-5000 fax: 414.276-6581 www.wilaw.com
CLIMATIC CONTROL CO., INC.,
Claimant
Vo
ATLAS ROOFING CORPORATION,
Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3444 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
By:~'
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:
Steven J. Slawinski, Esquire
111 East Wisconsin Avenue
Suite 1400
Milwaukee, WI 53202-4870
P. Kevin Brobson
DATED: August 21, 2002
AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania
County of Cumberland
I, Donald W. Good, hereby state that I served a Notice of Filing of Claim (49 Pa.
Cons. Stat. § 1502(a)(2)) upon the property owner, Atlas Roofing Corporation, by personally
serving and handing the papers to Michael D. Rider, Production Superintendent, of Atlas Roof'mg
Corporation, at the business offices of Atlas Roofing Corporation at 817 Spangler Road, Camp
Hill, Pennsylvania 17011, in Cumberland County on August 7, 2002. I verify that the statements
in this Affidavit are true and correct to the best of my knowledge and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Dated:
Subscribed and sworn to before me
this (Q~ day of ~../~., 2002.
Notary Public, Commonwealth ofvu
Pennsylvania, County of Cumberland
My Commission Expires:
~1t1~ L, UI1derkoffler, Notan/Publ~I
Hill Boro00umberland Oounty I
Ju..I
CLIMATIC CONTROL CO., INC.
Plaintiff
¥.
ATLAS ROOFING CORPORATION
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
Docket No: 200-2-03444
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing
with the court, your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the court without further notice, for any money claimed in the
Complaint or for any other claim for relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
CLIMATIC CONTROL CO., INC. :
:
Plaintiff :
V. :
ATLAS ROOFING CORPORATION :
Defendant
IN THE COILJRT OF COMMON PLEAS
OF CUMBIERLAND COUNTY, PENNA.
Docket Nc,: 2002-03444
COMPLAINT IN ACTION UPON MECHANICS' LIEN
1. Plaintiff, Climatic Control Company, Inc. [hereinafter "Climatic Control"], is a
corporation with an office at 5061 West State Street, Milwaukee, Wisconsin, 53208.
2. Defendant, Atlas Roofing Corporation [hereinafter "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, 1 7011.
3. Climatic Control, as subcontractor, suppliied controls for a regenerative,
thermal oxidizer were used in the erection of improvements to property owned by
Defendant located at 817 Spangler Road, Camp Hill, Cumberland County, Pennsylvania,
pursuant to a subcontract with GeoEnergy International Corporation.
4. The contractor is GeoEnergy International Corporation with an address of
761 7 South 180th Street, Kent, Washington.
5. Climatic Control filed a mechanics' lien claim as a subcontractor on July 22,
2002 in the Court of Common Pleas of Cumberland County, Pennsylvania to Docket No:
02-03444. At true and correct copy of the mechanics' lien claim is attached hereto and
made a part hereof as Exhibit "A".
6. The principle amount of Climatic Control's claim is $58,885.03.
7. Climatic Control has not received any payments on account of this claim.
WHEREFORE, Plaintiff, Climatic Control Company, Inc., demands judgment in its
favor and against Defendant, Atlas Roofing Corporation, or~ the mechanics' lien claim in
the amount of $58,885.03 with allow interest and with costs.
Respectfully subrnitted,
MARSHALL & HADDICK, P.C.
Date:
February 7, 2003
Lo~i-Adar~ci]< ~-a~igs~ Esquire
Attorney I.D. No: 55666
20 South 36th Street
Camp Hill, PA 117011
(717)731-4800
Attorney for Plaintiff
3
EXHIBIT ",4"
TO:
FROM:
CLAIM OF LIEN
(49 Pa. Cons. Stat. § 1503)
PROTHONOTARY OF: CUMBERLAND COUNTY
CLAIMANT: Climatic Control Co., Inc.
5061 West State Street
Milwaukee, Wisconsin 53208
PLEASE TAKE NOTICE that Claimant claims a mec]hanic's lien as follows:
Claimant claims this lien as subcontractor.
The name and address of the owner or reputed owner is: Atlas Roof'mg Corporation, 817
Spangler Road, Camphill, Pennsylvania 17011.
The date of completion of Claimant's work is: March 26, 2002.
The person with whom claimant contracted with is Geo. Energy International Corporation
(7617 South 180th Street, Kent, Washington 98032-10.48). A Preliminary Notice under
Pa. Cons. Stat. § 1501(a) was not required. A Formal Notice to Owner, pursuant to 49
Pa. Cons. Stat. § 1501(b), was served upon the owner wia certified mail on June 17, 2002.
Detailed statement of the kind and character of the labor or materials furnished, or both,
and the prices charged for each thereof: Claimant supplied controls for a regenerative
thermal-oxidizer, pursuant to a subcontract with GeoEnergy International Corporation, for
a total contract price of $58,885.03.
6. The amount or sum claimed to be due: $58,885.03.
Description of the improvement and of the property claimed to be subject to the lien as
may be reasonably necessary to identify it: the regenerative thermal oxidizer supplied and
built by the contractor, GeoEnergy International Corporation, and the property on which
it is located, known as the property of the Atlas Rool~r~g Corporation, located at 817
Spangler Road, Camphill, Pennsylvania 17011 (Real Est~tte Parcel Identifier Numbers 01-
22-0535-098, and 01-22-0535-100.) A legal description of said property is attached
hereto.
Dated: July 18, 2002
P. O. Address:
Suite 1400
111 East Wisconsin Avenue
Milwaukee, Wisconsin 53202-4870
(414) 276-5000
CLIMATIC CONTROL COMPANY, INC.,
Claimant
~At~t~er ~e~' Sor~t/h'e~em C[lia~m ant
ALL THAT tract or parcel of land ,ltuated
the Borough of Camp Hill,. Cumberland Coumty,
Pennsylvania, bounded and described.as
BEGINNXNG at a point, whic~ poin~ is 2283.40
feat east of the right of way line of ~amp "F", State
Route 767-2 and the. northeastern corner cf lands of LOt
1~ thence along the southern line of lands now er late
of Fred rials No~h 74 degrees 41 minutes Eaet~
dimtance of ~02.24 feet t'o a point;thence by the
North 69 degrees 01 minute Ea~mt, a distance of 232 fee~
to a point on the southern right of way lin· of State
Routo 767-2; thence by ~aid right of way North'77
14 minutc~ East, a di.otanco of' 646.49 feet to a point mt
the weotern line of Builders Supply & Fuel Co.~ thence
by Bulldor~ Supply & Fuel Co, South 14 degrees 39
30 ~ccond~ Eu=~, e distance of 209.41 f~et to a point!
thence by lando of the PennsYlvania Railroad South 69
degrees 01 minute West, a distance of 857.58 feet to
point; thence by the same South 74 degrees 41 minutes
Weot, & distance of 522.01 .f(~et to'a Point; thence b~
landm of the Municipal Authority of the Boroug½ of
Lemoyne North 15 degrees 19 minutes W~st, a'distance of
80 feet to'a point; thence by the same South 74 degrees
41 mAnute~ West, a dis~ance of 80 feet to a point;.thence.
along line of lands now or Cu~)erland County Development
Authority (equitable owner, Dauphin Dlstributl0~
Co.) North 15 degrees 19 minute~ West, a distance of
219.92 feet t~ a point, the point of BEGINNING;
BEING Lot No. 2 recorded in Plan Book ~ ,
Page~ containing 12.578 acres, more or less. -
HAVING 'ERECTED THEREON a concrete
~eel.bulld/ng measuring 402.42 feet more or lesm
length and ~82.75 feet more or less ~n width, being a
part of the premises granted and ~onveyed by Wllmarth'
Co~poration as Grantor to Dauphin D~stribution
Co. by its Deed da%ed October 14, 1982 and recorded
the Office of the Recorder of D~edsinCumberland COunty,
Pennsylvania, in Deed Book "X", Volu~e 29, Page 993~ OR
October 14~ 1982.
TOGETHER-WITH an eamement oYer Lot
shown on film subdivision plan recorded in Plan Book~
UNDER AND SUBJECT to a certain easement set
forth in Deed from Dauphin Dis'~ribution Sez~ic. es C~. to
the Municipal Authority o£ the Borough Og ~emo~ne, dated
.May 23, 1984, and recorded in the. Office o~'the Recorde~
of Do,ds in and for Cumberland County in Deed Book "V",
Volume 30, Page 401, on Augumt 7, 1984 and
Particularly bounded and doscr~Lbed as fol as more
~OWS:
BEGINNIN~ at a poin~ 'on the northwestern line
of lands conveyed to Municipal Authority of the Borough
of L~moyne; thence northerly a~: an interior a~gle of ~o
degrees from the northern lin~, of the said premises a
distance of 270 feet to a'point; thence North 74 degrees
41.minutes East, a distance of ~.0 feet to a point; thence
at an interior angle of 90 degrees in a ~outherly
direction, ~?0 f~e% to a point on line of lands o.f the
aforementioned Municipal Authority! thence South 74
dosrees 41 minutes We~t, a dl~.tance of 30 feet to the
point of BEGINNING.
UNDER AND ~UBJECT to 'conditions, rights of
ways, or easements .as show~ on Plan of Po
_Libby, McNeill & Libby by D. P ~ ......... r?sr. ty. for.
~ul*~eyor, dated F,B~,,~, ~= ~.~u.~perg?r, ~cglsceNe~
..... ~m~any,- dated Hay '8,
' 2 -
· g63, or otherWies appearing of reco:cd, am £o11~1~ .{X)
po~ion o~ premises as a ~eans o~ access ~o p~ope~iel
Of o~crs, as more fully se~ fo~h in ~ed ~o~ 20 V.
313, (2) Eaoo~ont of a 2o feet wide road e~emding
~ano~ally in an east-wem~ di~ection ovor. ~e no,hewn
por~lon Of prcmi~s ~ ue~o a Warehouse ~ui~mg and
o~hers, (3) EaaomOnt ~aka~ f~. cha~l chmngo am shOW~
on Plan, and ~ak~n by ~ho Commonwealth of ~nnmylvania
under and by virus of an insolent from ~ano= Rca1
~anita~ ~o~or easement as sho~ on Plan, and extend~g
on, o-~nr, acro~ and undom ~he ~us(:ribe~ premise~, (5)
eauc::~nC to Rlve~on Consolidate~ Wats= Company date4
Fcbrua~ 10, 1950, nn~ recorded in ~isc. BoOk 92, Page
268; amd existing 2" water lines extending on, over~
aorcuu and under the westerly portio~ of the describe~
prenices', (6) Right of way Agreement to ~e UBlte4 GaS
Imprcvecunt Con, any, dated May 21, 1963 ~ a~ recorded in
Misc. Book 161, Page ~35, and a~ sho~ on ~e ~Ve-
men=ioned Drawing.
UNDF~R AND SUBJECT to right;e, easements,
an~ condition~, as follows: (1) Rig].~ts of those lawfully
entitled to uom the eximting drainage ditch ex~ending -
aortas a po~ion of ~he demcri~ premis~,
tbO said Grante~ it~ successors or a~signs,, shall nO~
=n~ ~ill not, at any time hereafter interfere ~ith
ob=~ruc= th9 natural flow of drainage water in
ditch, (2) To~s an~ conditions of a certain
between Mano~ Real Estate company and The
F.=ilroad Company dated April 30, X963~ and recorded An
Misc. Book ~61, Page ~09, releasing said The Pennmylvamia
Railroad Co=pa~y, its ~uccomsors and a~sign~, from
Any obligation to conat~ct and maintain fences; (b) The
dc;..aCcu %'hich may be caused .by tho sliding of any Dart
of tho adjoining railroad e~an~en= or by ~
or seeping of Wa=er therefrom.
A~O' UNDER AND SUBJECT to a certain waterline
easement 20 feet wide reserved unto Dauphin Distributio,~
s~rvic~ Co., Grantor herein,. BOUNDED AND DESCRIBED .AS
FOLLOWS ~
BEGIh~{ING at the northwest corner of
heroi~beforc-dsscribed tractr thence South 15 degrees 19
Minutes Eaflt a die,anco of 30 feet to m point, ~o P~
OF BEGI~ING= thDnce North T4 degrees 41 ainu=es Eas~
distance of 665.57 feet to a points thence North 74'
~e~ree~ 05 minutes 50 seconds East a d~stance of 665.87
feet to a point; thence North 65 degrees 58 ~ln~tes 44
secands Zas~ a distance of 97.48 fee~ tO a point;
North ~2 degrees 46 minutes 11 second~ ~as~ a distance
of 12.05 feet to a point on the northern line of the'
hereinbefore-described premises; thence. No~h 77 degrees
14 minutes East along said no~hern line of the
premises a dis~ance of 38.66 feet to the northeast cor~e~
of the herein-described premises; t:hence South 14'degrees
39 minutes 30 seconds East a distance 'Of 4.32 fee~
point on the eastern line of the herein-describe~
premises; thence Sou~h. 52 degrees 46 minutes ~1
west a distance of 47.89 feet to a point; ~ence Sou~h '
6S degrees 58 minutes 44 s~conds Wes~ a distance of
101.21 feet ~o a point~ thence South 74' degrees.
minutes '50 seconds West a distanc.8 of 648.49 feet to a
point; thence South 74 degrees 41 minutes West a distance
of 665.97 feet to a point on the western line of
reinbefore-described premisea~ thence No~h 15 degrees
minutes West a distance of 20 feet to a ~ln~,
place of BEGI~ING..
RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
Receipt Date
Receip~ Time
Receipm No.
:16:52
127518
CLIMATIC CONTROL CO INC
Case Number 2002-03444
Received of PD SLAWINSKI STEVEN J ESQ
JM
Total Check... + 14.00
Total Cash .... + .00
Change ........ - .00
Receipt total. = 14.00
(VS) ATLAS ROOFING CORPORATION
Check No. 16536
Transaction Description
MECH LIEN CLAIM
AUTOMATION FEE
Distribution Of Payment ............................
Payment Amount
9.00 CUMBERLAND CO GENERAL FUND
5.00 CUMBERLAND CO AUTOMATION FUND
14.00
CERTIFICATE OF SERVICE
AND NOW, this~_~___ day of ~~3.z~4.~,q~, 2003, I, Lori Adamcik Kariss,
Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all
counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage
prepaid, at Harrisburg, Pennsylvania, addressed as follows:
By First-Class Mail:
P. Kevin Brobson, Esquire
Buchanan Ingersoll
1 South Market Square
213 Market Street, 3rd Floor
Harrisburg, PA 17101
L~r[ Adam~1 ~"-K~ri ss,- E sq u i r~-
4
CLIMATIC CONTROL CO., 1NC.
Plaintiff
Vo
ATLAS ROOFING CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-03444
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO:
Climatic Control Co., Inc.
c/o Lori Adamcik Kariss, Esquire
MARSHALL & HADDICK, P.C
20 South 36th Street
Camp Hill, PA 17011
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 CORPORATION
P. Kevin Brobson
Pa. Attomey I.]D. #76693
One South Mm,ket Square
213 Market Street, 3r° Floor
Harrisburg, PA 17101
(717) 237-4845; (ph)
(717) 233-0852 (fax)
DATE: February 26, 2003
CLIMATIC CONTROL CO., INC.,
Plaintiff
ATLAS ROOFING CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3444
ANSWER WITH NEW MATTER
Defendant Atlas Roofing Corporation ("Atlas"), by and through its attorneys Buchanan
Ingersoll Professional Corporation, hereby responds to the Complaint in Action Upon
Mechanics' Lien filed by Plaintiff Climatic Control Co., Inc. (".Climatic") as follows:
ANSWER
1. Admitted.
2. Admitted.
3. Denied.
4. Admitted in part and denied in part. It is admitted 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 22, 2002 filing is
admitted. The filing is a document that speaks for itself. Any characterization of the document
by Climatic is denied.
6. Admitted in part and denied in part. It is admitted that Climatic claims a
mechanics' lien in the amount of $58,885.03. The validity and propriety of the claim, however,
is denied.
7. 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 expressly set forth herein its answers to
paragraphs 1-7 of the Complaint.
9. Climatic 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
Climatic with respect to controls that Climatic supplied to Geoenergy for a piece 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.
10. Alternatively, Climatic fails to state a claim as a matter of law because the
equipment for which Climatic supplied controls constituted an "alteration and repair," as defined
by 49 P.S. § 1201, and Climatic failed to give the required notice under 49 P.S. § 1501(a).
11. Upon information and belief, Climatic 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 Climatic furnished any labor or materials with
respect to the equipment.
12. Pursuant to 49 P.S. § 1601, Atlas has retained $51,600.00
Geoenergy with respect to the equipment that is the subject of this action.
in moneys due to
13. Climatic'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:
February 26, 2003
BUCHANAN INGERSOLL
PROFESSIONAL CORPORATION
P. Kevin Brobson
Pa. Attorney I.D. #76693
One South Market Square
213 Market Street, 3r° Floor
Harrisburg, PA 17101
(717) 237-4845 (ph)
(717) 233-0852 (fax)
VERIFICATION
I, Bernard Park, Plant Manager of Atlas Roofing Corporation, have read the for~gvh',g
document and verify that the facts set forth are true and correct to the best of my knowledge,
information a~,d belief. To thc extent that the foregoing document and/or its lmlguage is that of
counsel, ! have relied upon counsel in making this Verification.
I understand that any false statements made he.rein are subject to the penaltiee of lg Pa.
C.S. § 4904, relating to unswom falsification to authorities.
Bernard Park
CERTIFICATE OF SERVICE
I, P. Kevin Brobson, hereby certify that I am this day serving a copy of the foregoing
document by United States First Class Mail, postage prepaid, upon the following person:
Loft Adamcik Kariss, Esquire
MARSHALL & HADDICK, P.C
20 South 36th Street
Camp Hill, PA 17011
BUCHANAN INGERSOLL
PROFESSIONAL CORPORATION
P. Kevin Brobson
DATE: February 26, 2003
CLIMATIC CONTROL CO., INC. :
Plaintiff :
V. ..
ATLAS ROOFING CORPORATION :
Defendant :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
Docket No: 2002-03444
REPLY OF CLIMATIC CONTROL CO.~ INC. TO NEW MATTER OI-
ATLAS ROOFING CORPORATION
AND NOW, comes Climatic Control Company, by and through its counsel, Marshall
& Haddick, P.C., and responds to Defendant's New Matter as follows:
8. Climatic Control Co., Inc. incorporates by reference the allegations set forth
in its Complaint as if fully set forth herein.
9. Denied as a conclusion of law to which no response is required. To the
extent that a response is required, it is specifically and unequivocally denied that Climatic
has failed to state a claim as a matter of law. On the contrary, Climatic has set forth a
proper claim against Defendant, which is currently due and owing.
10. Denied as a conclusion of law to which no response is required. To the
extent that a response is required, it is specifically and unequivocally denied that Plaintiff
failed to state a claim as a matter law. In addition, it is specifically and unequivocally
denied that the equipment for which Climatic supplied controls, consituted an alteration an
repair. It is further denied that Climatic failed to give required notice under 49 P.S. §
1501 (a).
11. Denied. After reasonable investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth or falsity' of the averments contained in
this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if
deemed material.
12. Denied. After reasonable investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in
this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if
deemed material.
13. Denied as a conclusion of law to which no response is required. To the
extent that a response is required, it is specifically and unequivocally denied that Climatic's
claim is limited in any way. On the contrary, Climatic is owed the full amount claimed
under the mechanics lien in question.
MARSHALL & HADDICK, P.C.
Date: May 13, 2003 .:._~C"'C (, /'Q -/
Lori Adamcik Kariss, EsqUire
Attorney I.D. No: 55666
20 South 36th Street
Camp Hill, PA 17011
(71 7)731-4800
Attorney for Plaintiff
VERIFICATION
PURSUANT TO Pa.R.C.P. NO. 1024(c)
I, Lori Adamcik Kariss, Esquire, states that she is the attorney for the party filing the
foregoing document; that she makes this affidavit as an .attorney, because the party she
represents lacks sufficient knowledge or information upon which to make a verification
and/or because she has greater personal knowledge of the information and belief than that of
the party for whom she makes this affidavit; and/or because the party for whom she makes
this affidavit is outside the jurisdiction of the Court and verification of none of them can be
obtained within the time allowed for the filing of the pleading; and that she has sufficient
knowledge or information and belief, based upon her investigation of the matters averred or
denied in the foregoing document; and that this statement is made subject to the penalties of
18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Dated:
Lb~i'Adamcik Kariss, Esquire
CERTIFICATE OF SERVICE
AND NOW, this _L~ day of "'~"~:'~L,~3 , 2003, I, Lori Adamcik Kariss,
Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all
counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage
prepaid, at Harrisburg, Pennsylvania; addressed as follows: .'
By First-Class Mail:
P. Kevin Brobson, Esquire
Buchanan Ingersoll
1 South Market Square
213 Market Street, 3rd Floor
Harrisburg, PA 17101
Lori Adamcik Kariss, Esquire
CLIMATIC CONTROL CO., INC.
Plaintiff
ATLAS ROOFING CORPORATION
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
Docket No: 2002-03444
WITHDRAWAL / ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of Loft Adamcik Kariss, Esquire and enter the
appearance of Charles E. Haddick, Jr., Esquire in the above-captioned action.
MARSHALL & HADDICK, P.C-
Attorney LD. No: 66465
Date:
June 18~ 2003
Charles E. Haddic~squire
Attorney i.D. No: 55666
20 South 36th Street
Camp Hill, PA 17011
(717)731-4800
Attorney for Plaintiff
CERTIFICATE OF SERVICE
ANDNOW, this _~. day of ~--U(t')e~ , 2003, I, Lori Adamcik Kariss,
Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all
counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage
prepaid, at Camp Hill, Pennsylvania, addressed as follows:
P. Kevin Brobson, Esquire
Buchanan ingersoll
1 South Market Square
213 Market Street, 3rd Floor
Harrisburg, PA 17101
Kariss-, Esquire
CLIMATIC CONTROL CO., INC.
Plaintiff
Vo
ATLAS ROOFING CORPORATION
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
Docket No: 2002-03444
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please mark the above captioned lawsuit as satisfied with prejudice.
Respectfully submitted,
DICKIE, MCCAMEY & CHILCOTE, P.C.
Date: September 22, 2004 By:
Charles E. Haddick, .Jr., Esquire
Supreme Court. I.D. #55666
Bryon R. Kaster, Esquire
Supreme Court I.D. #91707
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011
Phone 717-731-4800
Counsel to Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this ~_~ day of~, 2004, I, Charles E. Haddick, Jr.,
Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel
of record by depositing, or causing to be deposited, same in the: U.S. mail, postage prepaid, at
Harrisburg, Pennsylvania, addressed as follows:
By First-Class Mail:
P. Kevin Brobson, Esquire
Buchanan Ingersoll
1 South Market Square
213 Market Street, 3rd Floor
Harrisburg, PA 17101
Kelly Norton Knight, Esquire
Barley Snyder
126 East King Street
Lancaster, PA 17602-2893
Charles E. Haddick, Jr., Esquire