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HomeMy WebLinkAbout07-75337.07 LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NEEMA ENTERPRISES, INC. d/b/a Comfort Inn Capital City, Plaintiff 1012 Wesley Drive Mechanicsburg, PA 17055 No. 2007 Civil -Term Civil Action - (X) Law ( ) Equity MEADOW VALLEY ELECTRIC, INC., versus Defendant 2010 West Main Street Ephrata, PA 17522-1114 PRAECIPE FOR WRIT OF SUMMONS LAW OFFICES STEPHEN C. NUDEL, PC t Date: / 2. y 7 Step en C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff TO THE PROTHONOTA;&Y OF SAID COURT: Please issue writ of summons in the above-captioned action. XX Writ of Summons shall be issued and forwarded to ()Attorney (X)Sheriff of Cumberland County ? o0 7?+ O Y ? ?M N A rn d ? iV CJ'1 w ""? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 Civil Action - (X) Law ( ) Equity NEEMA ENTERPRISES, INC. MEADOW VALLEY ELECTRIC, INC., d/b/a Comfort Inn Capital City, : Plaintiff versus Defendant 1012 Wesley Drive 2010 West Main Street Mechanicsburg, PA 17055 Ephrata, PA 17522-1114 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: MEADOW VALLEY ELECTRIC, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. 0onlo Date: /a/17/07 By ??bAa_e . 4,41 Deputy () Check here if reverse is issued for additional information SHERIFF'S RETURN - OUT OF COUNTY 04SE NO: 2007-07533 P J COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEEMA ENTERPRISES INC VS MEADOW VALLEY ELECTRIC INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MEADOW VALLEY ELECTRIC INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within WRIT OF SUMMONS County, Pennsylvania, to On January 8th , 2008 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answersi- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Lancaster Co 43.63 Sheriff of Cumbe land County Postage .58 81.21 ? ??1`1,OP. 01/08/2008 STEPHEN NUDEL Sworn and subscribe to before me this day of A. D. SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 - (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN L DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ I2. COURT NUMBER Neema Enterprises Inc 07-7533 civil 3. DEFENDANT/S/ Meadow Valley Electric Inc SERVE r 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED Milli, J Meadow Valley Electric Inc SWr t 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 2010 West Main Street Ephrata, PA 17522 7. INDICATE UNUSUAL SERVICE: DEPUTIZE_ ? OTHER_ Now, efn er 20 , I, SHERIFF OF COUNTY, PA., do hereby deputize the Sherry f Lancaster County to execute this Writ .a. r1eurn thereof ac¢' to law. This deputation being made at the request and risk of the plaintiff. cucoicc nc i??err nni wTV 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cl.mtberland Please mail return of service to Cmberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE STEPHEN r- NUDE M, ESO 717-236-5000 12/17/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. } JACKIE MICCICHE 717-390-2309 12/31/07 1/16/08 16. 1 hereby CERTIFY and RETURN that I ? have personally served, Pave legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if ript h wn above) (Relations ip to Defendant) 19. ? No Service See Remarks Below (No. 30) 20. Address (ol where served (complete only if different the own above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State an Zip Code) -PM EST £B9F'• 23. ATTEMPTS Date Miles D. Int, Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. ^i 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage/Postage/N.F. 28. T tal Costs 29. COST DUE OR REFUND /g?/7V 150.00 30.50 l ?js ?3 ?? 1 ? 37 30. REMARKS: S.T.A.: 31. AFFIRMED and subscribed to before me this (7 A 34. day of 37 Prothonotary/Deputy/Notary Public MY COMMISSION EXPIRES 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY 4. TYPE OF WRIT OR COMPLAINT Writ of Summons Office 4. BLUE - Sheriff's Office /'voli .r Cf SJ :)i ;i,I I r,'JJG LGO? THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kpricegtthlaw.com NEEMA ENTERPRISES, INC. d/b/a Comfort Inn Capital City, Plaintiff V. MEADOW VALLEY ELECTRIC, INC., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533 2007 CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant Meadow Valley Electric, Inc. in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP o Wg: . - C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT r CERTIFICATE OF SERVICE ;zq day of February, 2008, I, C. KENT PRICE, ESQUIRE, for the firm of AND NOW, this THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen C. Nudel, Esquire Bret Keisling, Esquire Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire --? ,;ter. .. .?? _ - ?,,? ?? ?, ? .;. . - _,;-si ?.: ?.. :. c. 1. - 4 LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 NEEMA ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. NO. 07-7533 MEADOW VALLEY ELECTRIC, INC., : : CIVIL ACTION -LAW Defendant NOTICE 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 or 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 t i LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 NEEMA ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 07-7533 MEADOW VALLEY ELECTRIC, INC., : CIVIL ACTION -LAW Defendant COMPLAINT AND NOW comes Neema Enterprises, Inc., by and through its undersigned counsel and in support of its Complaint avers the following: 1. PARTIES 1. Plaintiff is Neema Enterprises, Inc. ("Neema" or "Comfort Inn") a duly authorized Pennsylvania corporation with a principal place of business of 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Premises"). 2. Defendant is Meadow Valley Electric, Inc., ("Meadow Valley") with a principal place of business believed to be 2010 West Main Street, Ephrata, Lancaster County, Pennsylvania. II. JURISDICTION AND VENUE 3. This Honorable Court has jurisdiction pursuant to 42 Pa.C.S. §5301. 4. Venue is proper pursuant to Pa.R.C.P. 1006 because all relevant business was transacted in Cumberland County and the subject property is located in Cumberland County. III. FACTUAL BACKGROUND 5. Plaintiff operates a hotel known as the Comfort Inn at the Premises and trades as Comfort Inn. 6. The parties executed a written contract under which Defendant Meadow Valley was to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn. After a thorough review of Plaintiff's files, a copy of the written contract could not be located, but it is believed that Defendant Meadow Valley may have retained a copy of the Contract. 7. Defendant did in fact install the electrical lights in the parking lot of the Comfort Inn. 8. Beginning sometime in mid-2003, the Comfort Inn suffered water damage arising from an unknown source. 9. This water damage occurred as a result of water seeping into various hotel rooms at the Comfort Inn. 10. This water intrusion caused damage to wallpaper and floors as well as furniture and other items located in each of the various rooms. 2 I r 11. At all times relevant hereto, Comfort Inn attempted to mitigate the damages caused by the water intrusion and prevent its reoccurrence. 12. Despite the best efforts of Neema, water occasionally intruded into assorted hotel rooms. 13. Eventually, Neema filed a claim with its insurance carrier as a result of the water damage. 14. Plaintiff s insurance carrier retained Trident Engineering Associates, Inc. to determine the source and duration of water intrusion at the Comfort Inn. 15. On May 16, 2006, Trident issued a report regarding the water intrusion. A true and correct copy of the engineering report issued by Trident Engineering Associates, Inc. is attached hereto and incorporated herein as Exhibit "A". 16. The report concluded that moisture entered the building from four exterior parking lot lights on the north side of the building. See Trident Report, page 6, at Exhibit «A„ 17. The report concluded that the lights were not sealed properly allowing the water intrusion to occur. 18. The lights were obtained and installed by Defendant, Meadow Valley Electric, Inc. IV. COUNT I: BREACH OF CONTRACT 19. Paragraphs 1-18 are incorporated herein as if set forth at length. 3 20. The Defendant installed lights in the parking lot of Comfort Inn pursuant to a contract between the parties. 21. The lights which Defendant installed at the Comfort Inn were provided by the Defendant under the contract. 22. The Defendant had an obligation under its contract to install the lights in a satisfactory and workmanlike manner to ensure that they operated properly and did not leak. 23. Defendant breached its contract by failing to install the lights in a workmanlike and satisfactory manner and failing to ensure that the lights operated in such a way as to not cause damage to the Comfort Inn. 24. Defendant's breach of its Contract resulted in consequential damages to the Comfort Inn in the form of damage to hotel rooms where water intrusion occurred. 25. Defendant is liable to Plaintiff for actual and consequential damages as a result of its breach of contract. 26. Neema incurred costs in excess of $50,000 as a result of the water intrusion that occurred due to Defendant's breach of contract. 27. The costs related to the water intrusion arising from Defendant's breach of contract continue to accrue. 28. Plaintiff also incurred costs in replacing the parking lot lights that were incorrectly installed by Defendant. 4 29. As a result of Defendant's breach of contract, Plaintiff has incurred total damages in excess of $50,000, and such damages continue to accrue. WHEREFORE Plaintiff, Neema Enterprises, Inc., respectfully requests this Court enter judgment in its favor and award Plaintiff damages to be determined in excess of $50,000 plus attorney's fees, costs and such other relief as this Court deems appropriate. V. COUNT II: NEGLIGENCE 30. Paragraphs 1-29 are incorporated herein as if set forth at length. 31. Defendant owed Plaintiff a duty of care arising from its contract as described more fully above. 32. Defendant breached its duty of care by failing to perform its work, more specifically, the installation of parking lot lights, in a satisfactory and workmanlike manner. 33. Defendant further breached its duty of care to Plaintiff by failing to ensure that its work on the premises, and more specifically regarding the parking lot lights discussed above, would not cause damage to the Comfort Inn. 34. Defendant further breached its duty to Plaintiff by failing to provide parking lot lights that would not fail and thereby cause consequential damages to the interior of the Comfort Inn. 35. The Comfort Inn suffered damages in the form of water intrusion into assorted hotel rooms, solely as a result of Defendant's breach of its duty of care to Defendant. 5 36. Plaintiff's damages include the costs incurred in repairing the damage to the assorted hotel rooms. 37. The Comfort Inn incurred costs in excess of $50,000 as a result of the water intrusion that occurred due to Defendant's negligence. 38. The costs related to the water intrusion arising from Defendant's breach of contract continue to accrue. 39. Plaintiff also incurred costs in replacing the parking lot lights that were negligently installed by Defendant. 40. As a result of Defendant's negligence, Plaintiff incurred total damages in excess of $50,000. WHEREFORE Plaintiff, Neema Enterprises, Inc., respectfully requests this Court enter judgment in its favor and award Plaintiff damages to be determined in excess of $50,000 plus attorney's fees, costs and such other relief as this Court deems appropriate. Respectfully submitted, Date: I 5 ? 20q?S LAW OFFICES STEPHEN C. NUDEL, PC f Stephen . Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff 6 VERIFICATION I, Anil Thakrar, President, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Neema Enterprises, Inc. Date: d /D 5 10 g By , EXHIBIT "A" TRIDENT ENOINEERINO ASSOCIATES, INC. 20101NDUSTRIAL DRIVE • ANNAPOLIS, MARYLAND 21401-2942 May 16, 2006 Ms. Jean Hargrove Fireman's Fund Insurance, Inc 9690 Deerco Road Timonium, MD 21093 Insured: Comfort Inn - NEEMA Enterprises Location: 1012 Wesley Drive Mechanicsburg, PA Trident Contract No.: 0071-139 Dear Ms. Hargrove; On February 22, 2006 Fireman's Fund Insurance, Inc. of Timonium, MD hired Trident Engineering Associates, Inc. ('Trident') to determine the source and duration of water intrusion at the Comfort Inn, 1012 Wesley Drive, Mechanicsburg, PA. The case was assigned to, and inspected by, Mr. David Uliana, Registered Professional Engineer in the State of Maryland. OBSERVATIONS On February 27, March 23, 27, April 3 and April 10, 2006, Trident visited the site to inspect the property. The following information and observations were collected during the site visit. 1) The structure is a four story commercial building which functions as a hotel. It has 64 rooms, each with an exterior fixed window and a Heating Ventilation and Air Conditioning (HVAC) unit per room. The dwelling faces predominantly south. It is constructed of steel frame with an External Insulation and Finishing System ('EIFS') architectural exterior. (See Photograph 1) The building was constructed in 1997. Even numbered rooms are on the north side of the building while odd numbered rooms are on the south side. 2) Trident visited the site to perform a thorough evaluation of the source of water intrusion. An initial study was performed in late February (report dated March 3, 2006) where rooms 102, 104,112, 114, 118, 203, 211, 212, 214, 216, 218 and 316 were inspected. At the time of that inspection, the rooms on the first ANNAPOLIS (410)224-3550 • BALTIMORE (410) 974-6575 • WASHINGTON (301) 261-8620 • FAX(410)224-8630 Page 2 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 floor had the drywall removed from the outside walls of the rooms. A report was written to cover the findings. This report covers the findings of several subsequent visits on March 23, March 27, April 3 and April 10. On these dates Trident performed a comprehensive study of all rooms, inspections of the full exterior, inspections of interiors of the walls in key locations and sampling of microbiological growth ('MBG') both airborne and surface level. 3) The exterior of the building is covered with a barrier-type EIFS. It is used because it combines architectural, water repelling, insulating and vapor barrier functions in an economical application. EIFS is used often on large commercial buildings because of the economy and speed of application. Core samples of the EIFS were taken in several places to determine the construction of the building. The construction of the exterior is as shown in Appendix B. Note the construction of the indentation having a 5/8" thick layer of insulation behind it. This indentation is the green architectural band around the building at the window levels. In the previous report, it was noted that cracks at this feature likely allowed moisture to enter the building. 4) Trident met with the hotel manager who informed Trident that 13 of the rooms had significant moisture and microbiological growth. These rooms are 102, 104,112, 114, 118, 203, 211, 212, 214, 216, 218 and 316. Most are on the north side of the building with two of them on the south side. 5) At the time of the first visit, Trident found the drywall removed from the north walls of rooms 102, 104, 112, 114, 116, and 118. Significant microbiological growth ('MBG') was found behind the drywall to varying degrees. Most of the MBG appears to originate from above (See Photographs 2 and 3) or from around screw holes (See Photographs 4 and 5). 6) There is an architectural band of green color at the level that would be the floor on each level. This feature is an indentation of about one inch. The lower, interior comer of this feature is exposed to the outside and is susceptible to catching wind driven rain that falls on the wall above it. (See Appendix B) The entire exterior of the building was inspected for cracks that are commonly found at these interior corners. (See Photographs 7 and 8) A number of cracks were found in these corners on all levels. However, later findings showed these cracks to be of relatively minor interest as a source of water intrusion. TRIDENT ENGINEERING ASSOCIATES, INC. Page 3 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 7) Screws protruding from the steel studs on the inside were highly corroded in areas of significant microbiological growth ('MBG') on the drywall substrate. (See Photograph 9) Screws protruding in regions where there is not visible MBG had little or no corrosion. Please note Appendix C where the areas of most significant MBG and corrosion were found. 8) The hotel manager informed Trident that about a year prior to the visit, in an attempt to control water intrusion and MBG, the hotel hired a firm to apply sealant to the interface between the windows and the EIFS on the exterior. (See Photograph 10) This sealant was inspected and was found to be ductile, complete and without cracks. Sealant was also applied to a number of other joints such as pipes, wires and doors. However, large portions of the lower interior comer of the green architectural stripe were not sealed. Later findings reduced these regions as areas of interest for intrusion. 9) In rooms 102 and 114 the interior drywall was removed to allow crews to perform the cleanup and reconstruction. There was a layer of water resistant drywall installed previous to this cleanup between the steel studs and over the exterior drywall substrate. (See Photograph 11) The hotel manager informed Trident that the water resistant drywall was applied the year prior as an attempt to solve the moisture and MBG problem. 10)Wall coverings in the rooms of this hotel are vinyl. The wall coverings were partially removed from the following surfaces: a. The west wall of 112 b. The west wall of 114 c. The north wall of 218 d. The west wall of 102 e. The south wall of 203 f. The west wall of 218 Beneath each of these there was significant MBG between the wall covering and the top layer of the drywall. (See Photographs 12 and 13) 11)The lower edge of the EIFS was inspected. As expected, there was no feature, such as weep holes, to allow moisture to travel from behind the EIFS to outside the dwelling. (See Photograph 14) This is a weakness in early designs and TRIDENT ENGINEERING ASSOCIATES, INC. Page 4 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 applications of EIFS to have no provision for removing or redirecting water from behind the exterior vapor barrier layer. 12)Moisture readings were taken in the rooms on multiple surfaces. Many recordings were made and a summary of them is found in the Industrial Hygienists report. (See Appendix D). 13)Areas of elevated moisture, MBG and corrosion in the steel and screws (See Appendix C) followed a consistent pattem. moisture were tound above these lights while significant moisture was found at and below these lights. Elevated moisture readings became more widespread the farther down the building the readings were taken. 14)On the north side of the building there are four high voltage lights to illuminate the parking lot. These lights were inspected as a potential path for water to pass from the exterior, behind the EIFS, and into the structure. See Photograph 1 15)A bore scope was used to view behind these lights from the interior of the building. Multiple locations behind and beneath each light were inspected. Much corrosion, staining and evidence of moisture intrusion were found. The corrosion and staining became less severe within as the view moved away from immediately behind the lights. Areas at similar locations but not behind the four lights were also inspected using a bore scope. In all of these areas there were no sings of corrosion in the steel frame members or water stains on any surfaces. CAUSE AND ORIGIN 1) Given normal and customary construction techniques and quality control all exterior cladding will experience moisture penetration of the outer (primary) surface to some degree. Typically, moisture will enter from wind driven rain at joints between different surfaces. Most surface treatments call for secondary moisture protection systems such as lap joints, flashing, weep holes or similar methods for protecting or removing moisture from behind these surfaces. TRIDENT ENGINEERING ASSOCIATES, INC. Page 5 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 2) EIFS does not specify a secondary moisture protection system but relies solely on the primary system, the outer surface of the EIFS, as the moisture barrier with no secondary protection. Thus any moisture that passes beyond the rimary protection is not Purposefully directed out of the structure. This is an unrealistic expe ation for joints made from traditional construction materials and techniques. This problem exists around windows, doors and other features such as lights, signs and canopies. 3) EIFS is installed tightly against the substrate surface with no moisture path or porous layer between to allow a path for moisture. Thus, when wood or plaster are used as the substrate the likely path for the moisture is through the wood or plaster, around screws or nails, around pipes, around wires, by windows and through cracks or joints. 4) The primary, and only, moisture barrier is the exterior surface. It acts equally well in preventing moisture from transversing in either direction. Thus, any moisture that bypasses this surface through cracks or failed seals has very little opportunity to exit through any path but to the interior of the dwelling. 5) The core samples were taken to evaluate the subsurface construction of the EIFS. In a previous report Trident identified the cracks at the interior comers of the EIFS as potential sources of water intrusion. This could not be confirmed until core samples were taken and evaluated. The core samples revealed that the layers of insulation ('styrofoam') were laid such that cracks in the interior comers are unlikely sources of water intrusion. (See Appendix B) 6) Significant corrosion of the screws protruding through regions of visible MBG indicated the presence of moisture over an extended period of time. Screws with the most significant corrosion in rooms 102, 104, 112, 114 and 116 where closest to the ceiling where the water from above would have been most likely to be absorbed. 7) Other exterior treatments, such as vinyl siding, brick and stone, have mechanisms for protecting interior by channeling moisture via gravity out from behind the exterior layer. Weep holes are the most common form of this. EIFS offers no such TRIDENT ENGINEERING ASSOCIATES, INC. Page 6 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 8) features but relies on that entered behind the lights could 9) Moisture enters behind the EIFS through paths previously discussed: During cold weather it seeps into the drywall substrate behind the EIFS and moves through the plaster via capillary action and gravity. As the weather warms, the'heat from outside drives the moisture out of the substrate and into the cavity between the drywall layers (occupied by the steel frame construction). Proper construction would specify an insulation with a vapor barrier to keep moisture from entering the interior. For this building insulation was used with paper backing which is not a vapor barrier. Thus, during warm weather, moisture is readily able to pass into and through the space created by the steel framing and into the interior drywall where MBG finds the conditions of moisture, food and temperature needed to thrive. This MBG grows most readily in the underside of the vinyl where temperatures are relatively constant, moisture is relatively constant and the organic plaster covering offers a source of food. This problem is particularly profound in interior walls where temperatures are constant and no insulation exists allowing free flow of moisture. 10)The termination of the insulation layer of the EIFS less than four inches from the grade, though not to specification, does not add to the conditions found. CONCLUSION Based upon the information gained from others and its own examination and analysis, Trident Engineering Associates, Inc., concludes to a reasonable degree of engineering certainty the following: TRIDENT ENGINEERING ASSOCIATES, INC. not be expelled as with other exterior treatments. Page 7 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 Through improper construction techniques and because of inherent flaws in the EIFS system, the moisture was offered no exterior path to leave the dwelling thus settled inside the dwelling. Through cycles of heating and cooling of the external environment, moisture was driven into the two layers of drywall where it found conditions which support and promote the growth of microbiological organisms. The situation is inherent to the design and construction of the building and has been present for an extended period of time. The MBG is long term in nature, on the order of months or years. Previous attempts to deal with the problem a year earlier did not address the root cause. In preparing this report, we have attempted to be thorough and accurate and to meet the standards generally expected from members of the engineering professions and in accordance with our General Provisions. By accepting delivery of this report, the recipient agrees that we shall not be liable for any special, indirect, incidental, or consequential loss or damage whatsoever. Very truly yours, David Uliana, P.E. Senior Vice President, DU.RFH/es Robert F. Hunt Technical Director TRIDENT ENGINEERING ASSOCIATES, INC. APPENDIX A Photographs TRIDENT ENGINEERING ASSOCIATES, INC. Tomr _ .x Photograph S, MBG Originating from the Screws through the Steel Studs Photograph 6, Cracks in the EMS TTMENr Photo h Cracks in the EMS Photograph 8, Opening in the EMS Tom'' Photo h 13, MBG beneath Vinyl Wallpaper 1 r 1 Photograph 14, Lack of Weep-holes at the Base of the EMS Tyr Photograph 15, Moisture and Corrosion in the Lights of the Rear Parking Lot Affect Crack in I Constructio Architectu Feature Exterior `Stucco, Cement-Based Board `Styrofoam' Insulation Appendix B, Construction of the EMS Exterior with the Crack Regions Shown APPENDIX C Regions of High Moisture, MBG And Corrosion TRIDENT ENGINEERING ASSOCIATES, INC. Y1 L r te !r ? ?M • ? v f r1 `v y = _ _ 1 M N - Aw ` y' .• v y, s 1 4jo 1*3 1? v M .? s N a io o s 4 9 Mr ? us 2 ?? l^1 2 ? LLZ ? 00 N a. 9t oe 2 Q ?U W r t , ' • APPENDIX D Hygienist Report TRIDENT ENGINEERING ASSOCIATES, INC. I May 2006 Mr. David Uliana, P.E. Trident Engineering Associates, Inc. 2010 Industrial Drive Annapolis, MD 21401-2942 Re: Mold and Fugitive Moisture Assessment with Recommendations Comfort Inn 1012 Wesley Drive Mechanicsburg, PA 17055 Contract No.: 0071-139 Dear Mr. Uliana: Environmental Science was requested to assess each guest room in the hotel at the address referenced above for the presence of visible mold and fugitive moisture. Several guest rooms reportedly had visible mold present on wall materials. The mold-impacted walls were primarily the exterior wall and adjacent portions of the side walls in each impacted room. Environmental Science did not have the opportunity to inspect the guest rooms before demolition of mold-impacted walls or before the restoration of building materials had been completed. The walls in the impacted guest rooms in the hotel were wallpapered before the removal of mold-impacted wall materials and were re-wallpapered after restoration of the removed drywall. Environmental Science was able to view photographs of the interstitial space (the interior drywall and the fiberglass insulation had been removed) of some exterior walls prior to materials restoration. In the photographs, there was visible rusting of the galvanized steel framing and visible mold on the sheathing. The moisture infiltration appeared to have originated at the top of the wall and worked its way downward. Observations and Moisture Content Level Measurements In each guest room, Environmental Science performed a visual inspection of the exterior wall and the adjacent portions of the side walls for visible evidence of water infiltration or damage and for visible mold. Visible evidence of water infiltration can include lifting edges or seams or bubbling in the wallpaper and stains. Following the visual inspection, Environmental Science examined the interior of the air conditioner in the exterior wall below the window. The condensate pan, coil and fans were examined for dust buildup, visible microbiological growth and moisture. Our site visits were all conducted in March and April of 2006 and none of the air conditioning units had been recently or was operating at that time. Lastly, the exterior wall and the adjacent portions of the two side walls were measured for relative moisture content levels. Water Activity (a,,) can be defined as the ratio of the amount of unbound, available water in a material at a particular temperature and pressure to the maximum amount of water that air can hold at the same temperature and pressure. Water Activity (a,,,) is an important indicator of a building material's ability to support microbial growth. There is I d no field measurement technique currently available to directly determine a„,, however moisture content (MC) levels can be directly related to the a„, for specific materials. Investigators have determined through experimentation what moisture contents for specific building materials correspond to an a„, that will promote microbial growth. Certain fungi require a building material (food substrate) have an a„, in a specific range in order that growth can be initiated and amplified. Environmental Science employed a Tramex Survey Encounter non-destructive penetrating moisture meter to measure the moisture content levels of the drywall in the guest rooms. Background dry levels were determined by measuring the drywall in guest rooms that were not impacted by either moisture or visible mold. Background dry moisture content levels for the drywall in the hotel were determined to be in the 0 to 5% range. Elevated moisture content levels ranged from 20% to 100%. Environmental Science visited the building on three occasions to visually inspect and to measure the moisture content levels of the walls in the guest rooms. Each of the 65 guest rooms in the hotel were inspected and assessed. Approximately 22 rooms were assessed on each of three visits to the hotel. A fourth visit (24 April 2006) was conducted to collect fungal spore trap air samples and to return to rooms where elevated moisture was detected to reassess conditions in those rooms. Where they had been present, moisture content levels were observed to have decreased in the period between the first inspection and the last. The elevated moisture content levels in the exterior walls were located in approximately 1 square foot areas along the vertical stud lines. The elevated moisture content levels in the adjacent portions of the side walls were present in the eight to ten feet of wall adjacent to the comer with the exterior wall. The side wall elevated moisture content was typically found in the top third of the wall as if the moisture trickled downward. If elevated moisture was measured on one side of a drywall party wall between two rooms, it was usually observed on the adjacent drywall in the adjacent room. Rough sketch drawings of the exterior wall and two side walls showing the approximate locations of elevated moisture content measurements for each room where observed are attached to this report. Visible mold was not observed on wall materials in any of the 65 guests rooms. A suspect material was observed on the coil of an air conditioning unit in room 215. There was a small dark ball (- 1/16 inch in diameter) of material on the front of the coil. Moldy odors (MVOCs) were detected by Environmental Science in rooms 114 and 116 on 24 April 2006. Some of the guest rooms were smoking rooms and the residual odor of smoke may have obscured mold odors. Carpet fresheners used by the hospitality staff in smoking rooms also may have obscured mold odors. During the visual inspection of the air conditioning units in each room, Environmental Science noted those units with a heavy buildup of dust on interior surfaces. A list of the rooms with heavy dust buildup inside the air conditioning unit is provided at Attachment 4. • 4 Microbiological Sampling On 3 April 2006, Environmental Science collected one tape lift sample of a suspect material on the air conditioner coil from room 215. The suspect material was dark and shaped in a tiny fluffy sphere (- 1/16 inch in diameter). The sample was forwarded to Aerobiology Laboratory Associates of Reston, Virginia for analysis. Aerobiology Laboratory Associates is an American Industrial Hygiene Association (AIHA)-accredited Environmental Microbiology laboratory. The results of the laboratory analysis of the samples are attached to this report. Laboratory analysis of the tape lift sample of the suspect material determined that while few fungal spores were present there were numerous hyphal elements. Hyphal elements are the vegetative structural units of fungi. On 24 April 2006, Environmental Science collected fungal spore trap air samples in the following locations at the hotel: room 114, room 116, room 316 and outside the back door of the hotel. Samples were collected in rooms 114 and 116 because they were both rooms that had been impacted by mold (complaint rooms) and had undergone demolition and restoration of wall materials. Samples were collected in room 316 (non-complaint) and outdoors for comparison. Room 316 had not been mold-impacted and was on the same exterior wall as rooms 114 and 116. Environmental Science collected three fungal spore trap air samples at each location. Each sample was collected at a flow rate of 15 liters/minute for a period of 10 minutes. The 12 samples were forwarded to Aerobiology Laboratory Associates of Reston, Virginia for analysis. Aerobiology Laboratory Associates is an American Industrial Hygiene Association (AIHA)-accredited Environmental Microbiology laboratory. The results of the laboratory analysis of the samples are attached to this report and are listed in the following table. Table 1. Results of laboratory analysis of fungal spore trap air samples - 24 April 2006. Sample numbers Sample location Mean total fungal spore concentration s ores/m' Mean Penicillium/Aspergillus spore concentration s ores/m' 042406 BC21 to BC 23 Room 114 1543 1024 042606 BC24 to BC 26 Room 116 4087 2773 042606 BC27 to BC29 Room 316 70 20 042606 BC30 to BC32 Outdoors 11892 0 Laboratory analysis of the fungal spore trap air samples determined that the lowest mean total airborne fungal spore concentration was in room 316 (non-complaint room). The highest indoor total airborne fungal spore concentration was in room 116 (complaint room). Comparing the non-complaint room with the two complaint rooms reveals a dramatic increase in the complaint rooms for both the mean total airborne fungal spore concentration and the mean Penicillium/Aspergillus spore concentration. Penicillium/Aspergillus spores are widely considered as indicator organisms for indoor moisture infiltration. The outdoor samples showed no Penicillium/Aspergillus spores present. Although the mean total fungal spore concentration of the outdoor samples was much higher than any indoor sample, the fungal genera and the quantities observed were typical for the outdoors in this region of the country in this season. Discussion The pattern of fugitive moisture content levels became clear when their positions were mapped on a diagram of the outside of the rear of the building (see Attachment 3). At each location where fugitive moisture was observed in an exterior wall, there was a light fixture affixed to the exterior of the building at or immediately above that location. At each location where adjacent drywall walls of the party wall between two rooms both showed the presence of fugitive moisture, there was a light fixture affixed to the exterior of the building at or immediately above that location. Environmental Science believes there are multiple contributing sources for the fugitive moisture and mold growth on and inside walls in the hotel. Borescope inspection of the interstitial space in the exterior walls where the light fixtures were affixed revealed rusting of galvanized steel framing. Borescope inspection of the interstitial space of the exterior walls where no light fixture was affixed revealed no rusting of galvanized steel framing. The metal conduit attached to the affixed light fixtures may provide access for moisture infiltration into the building. The lateral design notching of the exterior rigid insulation may provide access for moisture infiltration under certain conditions. Cuts, gouges and other penetrations through the exterior insulation may provide for moisture infiltration under certain conditions. The use of vinyl wallpaper or of other wallpaper that acts as a moisture vapor barrier may trap moisture inside the interstitial space in an exterior wall and lead to condensation surfaces being formed, especially where thermal bridging occurs. Thermal bridging is a real possibility in a metal-framed building. Environmental Science has observed several occurrences of mold growth on drywall underneath wallpaper on exterior walls in hotels with rigid exterior insulation, metal framing and vinyl wallpaper. It is not known what engineering controls, if any, were used during the demolition of mold-impacted materials in the impacted guest rooms. It is not known what level of cleaning was performed in those rooms after demolition of mold-impacted materials. The air samples collected in rooms 114 and 116 indicate the presence of elevated concentration of airborne mold spores (compared with room 316). Recommendations Environmental Science recommends that vinyl wallpaper or other wallpaper that acts as a water vapor barrier not be used on any exterior wall in a building with rigid exterior insulation and metal framing. The Comfort Inn has rigid exterior insulation and metal framing. If vinyl wallpaper or other wallpaper that acts as a water vapor barrier is present on the exterior walls, it should be replaced. By removing and replacing the vinyl wallpaper or other wallpaper that acts as a water vapor barrier, any moisture infiltration that does enter the wall system will pass into the interior air as water vapor, minimizing the moisture buildup, condensation and mold growth issues inside the wall system. The l , previous occurrence of mold growth inside the exterior walls is a strong indicator that future mold growth will occur. Environmental Science recommends that each room that was mold-impacted and had demolition performed to remove building materials have its carpeting steam cleaned and, after the carpet dries, be HEPA-vacuumed twice to remove residual mold spores. The building owner may wish to have air sampling performed in representative impacted rooms following the steam cleaning and HEPA-vacuuming of the carpeting to ensure that mold spore concentrations have returned to background levels. Environmental Science recommends that the air conditioning units that had a heavy dust buildup inside have that dust buildup removed by HEPA-vacuuming. In the performance of the inspection and assessment, Environmental Science exercised the degree of care and skill ordinarily exercised by a duly qualified Industrial Hygienist or Indoor Air Quality Consultant performing the same or similar services at the same time in the same geographic area. The readings taken are only representative of the conditions existing at the time the sampling was conducted. Environmental Science is not responsible for any conditions that existed prior to the time the Environmental Science performed the inspection or for any conditions that came into existence after Environmental Science performed such services. Sincerely, William H. Campion Industrial Hygienist, CIAQC Attachments 1 - Guideline Reference Documents 2 - Certificates of Laboratory Analysis 3 - Rough Sketches - Approximate Locations of Elevated Moisture 4 - Listing of Rooms with Dust Buildup in Air Conditioning Units R '. • ATTACHMENT 1 Guideline Reference Documents Environmental Science based its assessment and recommendations on the guidance outlined in the following list of references: 1. American Conference of Governmental Industrial Hygienists (ACGIH): Bioaerosols: Assessment and Control, (1999). 2. United States Environmental Protection Agency (USEPA): Mold Remediation in Schools and Commercial Buildings, (2001). 3. ACGIH: Guidelines for the Assessment of Bioaerosols in the Indoor Environment, (1989). 4. ACGIH: Bioaerosols-Airborne Viable Microorganisms in Office Environments: Sampling Protocol and Analytical Procedures, Applied Industrial Hygiene, (1) 4/86. 5. New York City Department of Health, Bureau of Environmental & Occupational Disease Epidemiology: Guidelines on Assessment and Remediation of Fungi in Indoor Environments. New York, NY (2000). 6. American Industrial Hygiene Association (AIHA): Field Guide for the Determination of Biological Contaminants in Environmental Samples. H.K. Dillon, P.A. Heinsohn, and J.D. Miller, Eds. AIHA, Fairfax, VA (1996b). 7. Flannigan, B.: Approaches to Assessment of Microbial Flora of Buildings. In: IAQ '92, Environments for People, pp. 139-145. American Society of Heating, Refrigerating and Air-Conditioning Engineers, Atlanta, GA (1992). 8. Federal-Provincial Committee on Environmental and Occupational Health: Fungal Contamination in Public Buildings: A Guide to Recognition and Management. Ottawa, Ontario, Canada (1995). 9. IICRC: 5520, Standard and Reference Guide for Professional Mold Remediation, Institute of Inspection, Cleaning and Restoration Certification, Vancouver, WA (2003). 10. IICRC: Standard and Reference Guide for Professional Water Damage Restoration, 2nd Edition, S500-99. Institute of Inspection, Cleaning and Restoration Certification, Vancouver, WA (1999). 11. American College of Occupational and Environmental Medicine: Evidence Based Statements, Adverse Human Health Effects Associated with Molds in the Indoor Environment, Position Statements, ACOEM (2002). 12. Smulski, Stephen: Wood Destroying Fungi in Residential Construction: Building Materials and Wood Technology University of Massachusetts Amherst, MA (1996). 13. American Industrial Hygiene Association (AIHA): Field Guide for the Determination of Biological Contaminants in Environmental Samples, 2nd Edition, Ling-Ling Hung, J.D. Miller and H.K. Dillon, Eds. AIHA, Fairfax, VA (2005). 14. Gots, R.E., Layton, N.J., Pirages, S.W.: Indoor Health: Background Levels of Fungi. Journal of American Industrial Hygiene Association (AIHA), 64:427-438, (2003). 15. Baxter, Daniel M., Mold Spore Concentrations Inside "Clean" and "Water- Damaged" Commercial and Residential Buildings, (1998). Y. 0 ATTACHMENT 2 Certificates of Laboratory Analysis r .. • RO(?OLOGY LABORATORY Reston, 20191, 11800 Sunrise Valley Drive, Suite 300, ", Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net SVtirIA? ENCOWOTED Atlanta, GA 30339,4501 Circle 75 Parkway, Ste A 1190 , Phone (770) 947-2828 Fax (770) 947-2938 Email: : ATL@aerobioloU.net MMOCLOGY ' St. Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 1 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-001 61783-002 Client Sample Number: 042406 BC21 042406 BC22 Sample Location: Rm 114-1 Rm 114-2 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Spore/Particle2-7 Raw Count Spores/M3 % Total9 MRL1A Raw Count Spores/M3 % Totals MRLIA Identification Ascospores 1 53 2 53 1 7 1 7 ?. ??, . '``?? - k '' ` `.{; a ,,•?- , ?;dti ?;,.. - Clwetomium _ LL ?. mow 7 y? W's -somm H?phsl elements 7 1 7 Totals: I N/A 2933 -100% I N/A 648 -100% Comments: Comments: 'See "Footnotes and Additional Report Information" section for explanation of footnotes a , W s obiology.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste 1190 A???t I1 ?{.?? Phone (770) 947-2828 Fax ax (77 (770) ) 947-2938 Email: ATL@aerobiology.net St. Peters, Missouri 63376,105 Olympic Way MC?OGY SPECIALIM Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net ERomLo opw w Reston, V7) 01 9, 11800 Sunrise 03) ?1 91Dnv?1 to 300, Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 2 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: Client Sample Number: Sample Location: Date Collected: Date Analyzed: Sample Volume: Test Reauested: Spore/Particle2-7 Ally {i} Ascospores rC;la?dosporium Hvnhal elements 61783-003 042406 BC23 Rm 114-3 4/24/2006 4/27/2006 150 L Raw Count Spores/M3 % Total, MRLIA .vaf. ......._ ??. 't ~ ; iF/?,? •?1? ? ??? ?P Ill ?.`?1 4 27 3 7 7 47 4 7 1 7 1 7 61783-004 042406 BC24 Rm 116-1 4/24/2006 4/27/2006 150 L Raw Count Spores/M3 % Tota19 MRL1A 1 7 <1 7 1 ? l 53 1 53 9 480 11 ?3 33 1 IO 67 2 7 Totals: I N/A 1047 -100% 1 N/A 4347 -100% Comments: Comments: Large amount of fibers and particulate observed. *See "Footnotes and Additional Report Information" section for explanation of footnotes. Smuts, Pen con ia. Myxomycetcs R t 0 • Reston, VA on 20191, 11800 Sunrise Valley Drive, Suite 300, ?AERo ll?L ?? y mow Ph Phone (877) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste 1190 A%OUATBf I! rOIiP+IJRRfiTED Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net St. Peters, Missouri 63376, 105 Olympic Way Mri lMOGY SPECK Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 3 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: Client Sample Number: Sample Location: Date Collected: Date Analyzed: Sample Volume: 61783-005 042406 BC25 Rm 116-2 4/24/2006 4/27/2006 150 L 61783-006 042406 BC26 Rm 116-3 4/24/2006 4/27/2006 150 L Spore/Particle2-7 I Raw Count Spores/M3 % Total MRL Raw Count Spores/M3 % Total MRL Identification9 lA 9 to Basidiospores [}liaef?n?`?"" Claduspunwu 1??I000'-CRn1 Helicosporium/ Helicomyces Penicillium/Aspergi Ilus ti 267 7 10 8 3 24 S? 1 I 38 2027 56 S1 <1 7 7 371 9 _ SI -7:t IS 800 19 53 l 7 l Totals: 4 27 1 7 N/A 3621 -100% Comments: Comments: *See "Footnotes and Additional Report Information" section for explanation of footnotes K ? A • AEOBIOLO Y LAB RAT W Reston, 20191, 11800 Sunrise Valley Drive, Suite 300, N Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net p? Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste A1190 ?OMTB{ I OWORATED Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net SL Peters, Missouri 63376, 105 Olympic Way MICRC1BtMOGY 9PECIALSTS Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 4 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-007 61783-008 Client Sample Number: 042406 BC27 042406 BC28 Sample Location: Rm 316-1 Rm 316-2 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Spore/Particle2-7 Raw Count Spores/M3 % Total9 MRL1A Raw Count Spores/M3 % Tota19 MRLIA Identification }Ascospores 4 27 22 7 1 7 33 7 +.,., .?_. .??`?c?+.+f Hyphal elements 3 20 17 i - - Totals: I N/A 121 -100% I N/A 21 100% Comments: Comments: 'See "Footnotes and Additional Report Information" section for explanation of footnotes. 4k , A s Sunrise AERo LoGy lmowo ? Phone (87 )26489150 (Fax 03) 648- 9119 rive, Suite 300 ^? p Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste Al 190 ?OMTSe INMt RATED Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net Peters, Missouri 63376, 105 Olympic Way M RM? Y SREC?- M Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@ae Certificate of Laboratory Analysis Environmental Sciences Date Received: 3838 Clay St. Date Reported: Point of Rocks, MD 21777 Page 5 of 7 Attn: Bill Campion Job ID: Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable obiology.net biology.net robiology.net 4/25/2006 4/28/2006 61783 Lab Sample Number: 61783-009 61783-010 Client Sample Number: 042406 BC29 042406 BC30 Sample Location: Rm 316-3 0-1 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Spore/Particle2-7 I Raw Count Spores/M3 % Tota19 MRL1A Raw Count Spores/M3 % Total9 MRL1A Identification .. . -`'a W ? Y 4 ' f Arthrobotrys Bgasidiospores 5? 'wv } I CCercospora Hyphal elements 7 10 7 Lu <1 7 1 7 <1 41 5747 71 213 ^ 1 7 1 I 7 ?l Smuts,Penconia, Totals: 13 19 7 N/A 67 -100% 4 27 <1 7 N/A 12250 -100% Comments: Comments: Few pollen grains observed. *See "Footnotes and Additional Report Information" section for explanation of footnotes. Jk 1 0 : Lm pow Reston, 20191, 11800 Sunrise Valley Drive, Suite 300, "'? AERooL?„fy Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste A 1190 A%OMM{ INCOp? ?tiliTED Phone (770) 947-2828 Fax (770) 947-2938 Email: : ATL@aerobiology.net St. Peters, Missouri 63376, 105 Olympic Way MICROBIOLOGY SPECIAU Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 6 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-011 61783-012 Client Sample Number: 042406 BC3 1 042406 BC32 Sample Location: 0-2 0-3 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Test Requested: 1054 Non-Viable Spore Tra Anal sis 1054 Non-Viable Spore Tra Anal sis Spore/Particle2-7 Raw Count Spores/M3 %Total9 MRL1A Raw Count Spores/M3 %Total MRL Identification 9 1A Algae - - - - 1 7 <1 7 4" RPM, W '14 W, Ascospores 11 2347 17 213 7 1493 15 213 ... -...., ?y{? ,'? •' l`- ` c,F (}app r j '_"t0?? .S4 k?'E? -.,. ... _?r. f,y ?{ ? y ai;f; ?'? Y e,,.,,4 S» Per 1'C.?Yt ,. ospora C erc 7 - - _ _ _ 4a a'sP(Jdum? ? ' "j T J-? 'r "5 rF a?^? r2u st * € i .. L '` . Yi iq? } Helicospon um 2 13 1. 7 Helicomyces .ray+", Smuts,Periconia, 5 33 <1 7 9 60 1 7 M om cetes Totals: I N/A 13727 -100% I N/A 9699 -100% Comments: Comments: Moderate amount of pollen grains observed. *See "Footnotes and Additional Report Information" section for explanation of footnotes. t 44 NV- ERoBio o i ..AB's. RAT oR ! Reston, 20]91, 11800 Sunrise Valley Drive, Suite 30Q Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste 1190 OCATB{ I O?r+k,,,1!{??'RPO y g CD Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL(a3aerobiology.net St. Peters, Missouri 63376, 105 Olympic Way MICFIOBOL OGY SPECIAL IM Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 7 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Footnotes and Additional Report Information IA: Minimum Reporting Limits (MRL) for SPORE TRAP samples are particle/spore specific. This factor is based on the air volume and the percent of the slide read. 1 B: Minimum Reporting Limits (MRL) for CULTURABLE AIR samples are 1000 divided by the sample volume. It is a conversion factor to convert cf i/sample voume into cfu/M3. 1C: Minimum Reporting Limits (MRL) for BULKS, DUSTS, SWABS, and WATER samples are a calculation based on the sample size and the dilution plate on which the organism was counted. Results are a compilation of counts taken from multiple dilutions and multiple medics. This means that every genus of fungi or bacteria recovered can be counted on the plate on which it is best represented. 2: Penicillium/Aspergillus group spores are characterized by their small size, round to ovoid shape, being unicellular and usually colorless to lightly pigmented. There are numerous genera of fungi whose spore morphology is similar to that of the Penicillium(Aspergillus type. Two common examples would be Paecilomyces and Wallemia. Although the majority of spores placed in this group are Penicillium, Aspergillus, or a combination of both, keep in mind that these are not the only two possibilities. 3: Basidiospores are typically blown indoors from the outdoors and rarely have an indoor source. However, in certain rare situations a high basidiospore count indoors can be indicative of a wood decay problem or wet soil. 4: The Smut, Periconia, myxomycete group is a group composed of three different types of organisms whose spores have similar morphologies. Smuts are plant pathogens, Periconia is a relatively uncommon mold indoors and myxomycetes are not fungi, but slime molds. Altough these organisms do not typically proliferate indoors their spores are potentially allergenic. 5: The colorless spores group contains colorless spores which were unidentifiable to a specific genus. Example of this group include Acremonium, Aphanocladium, Beauveria, Chrysosponum, Engyodonaum, Fusanum microconidia, some arthrospores as well as many others. 6: Rusts are plant pathogens. Although these fungi do not typically proliterate indoors unless an infected plant is present, their spores are potentially allergenic. 7: Hyphae are the tubular filaments of fungi. They can break apart and become airborne much like spores and are potentially allergenic. 8: The positive-hole correction factor is a statistical tool which calculates a probable count from the total raw count, taking into consideration that multiple particles can impact on the same hole. For this reason the sum of the calculated counts maybe less than the positive hole corrected total. When raw counts reach 95% of the positive hole value corrected counts should be considered an estimation. 9: Due to rounding totals my not equal 1000/6. Terminology Used in Direct Exam Reporting Hyphae are the tubular filaments of the fungi. Their presence on surface samples in high concentrations is indicative of growth. Conidiophores area type of modified hyphae from which spores are bom. Their presence on surface samples in high concentrations is indicative of growth. Perithecial elements are intact or fragmented spore producing bodies produced by some ascomycetes such as Chaetomium and Ascotricha. Their presence on surface samples in high concentrations is indicative of growth. Pycnidial elements are intact or fragmented spore producing bodies produced by some coelomycetes like Phoma. Their presence on surface samples in high concentrations is indicative of growth. Excel exports of our reports can be downloaded from our website for your convenience. Excel exports to not constitute a Certificate of Laboratory Analysis. Results relate only to the items tested. SaV40' d. /6&" g Suzanne S. Blevins, B.S., SM(ASCP) Laboratory Director 04 > ?1ERO(? '?J OL Y LABORATORY Reston, 20191, 11800 Sunrise Valley Drive, Suite 30Q Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste Al 190 OMIBf INCO OP` ED Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net St. Peters, Missouri 63376, 105 Olympic Way MICROBIOLOGY SPECIALISTS Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/4/2006 3838 Clay St. Date Reported: 4/6/2006 Point of Rocks, MD 21777 Page 1 of 2 Attn: Bill Campion Job ID: 61466 Project: 031106 Mechanicsburg Condition of Sample(s) Upon Receipt: Acceptable Client Sample Number: 040306 BC1 Lab Sample Number: 61466-001 Sampling Location: AC Coil 403 Date Collected: 4/3/2006 Date Analyzed: 4/5/2006 Test Requested: 1051 Wipe/Tape, Direct Microscopic Exam Results: Few Cladosporium spores seen. Few colorless spores seen. Numerous hyphal elements seen. Comments: X r *f s RoV?. y La ?. RA f o y Reston, 20191, 11800 Sunrise Valley Drive, Suite 300, "? ,t Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste Al 190 1 %OMTBf INCO OMTED Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net St. Peters, Missouri 63376, 105 Olympic Way MCR OGY SPECIALOTS Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/4/2006 3838 Clay St. Date Reported: 4/6/2006 Point of Rocks, MD 21777 Page 2 of 2 Attn: Bill Campion Job ID: 61466 Project: 031106 Mechanicsburg Condition of Sample(s) Upon Receipt: Acceptable Footnotes and Additional Report Information IA: Minimum Reporting Limits (MRL) for SPORE TRAP samples are particletspore specific. This factor is based on the air volume and the percent of the slide read. 1 B: Minimum Reporting Limits (MRL) for CULTURABLE AIR samples are 1000 divided by the sample volume. It is a conversion factor to convert cfiilsample voume into cfvml . 1C: Minimum Reporting Limits (MRL) for BULKS, DUSTS, SWABS, and WATER samples are a calculation based on the sample size and the dilution plate on which the organism was counted. Results are a compilation of counts taken from multiple dilutions and multiple medics. This means that every genus of fungi or bacteria recovered can be counted on the plate on which it is best represented. 2: Penicilhum/AspergMus group spores are characterized by their small size, round to ovoid shape, being unicellular and usually colorless to lightly pigmented. There are numerous genera of fungi whose spore morphology is similar to that of the Pencil iurn/Aspergillus type. Two common examples would be Paecilomyces and Wallemia Although the majority of spores placed in this group are Penicillium, Aspergillu; or a combination of both, keep in mind that these are not the only two possibilities. 3: Basidiospores are typically blown indoors from the outdoors and rarely have an indoor source. However, in certain rare situations a high basidiospore count indoors can be indicative of a wood decay problem or wet soil. 4: The Smut, Periconia, myxomycete group is a group composed of three different types of organisms whose spores have similar morphologies. Smuts are plant pathogens, Periconia is a relatively uncommon mold indoors and myxomycetes are not fungi, but slime molds. Altough these organisms do not typically proliferate indoors their spores are potentially allergenic. 5: The colorless spores group contains colorless spores which were unidentifiable to a specific genus. Example of this group include Acremonium, Aphanocladium, Beauveria, Chrysmporium, Engyodontium, Fusanum microconidia, some arthrospores as well as many others. 6: Rusts are plant pathogens. Although these fungi do not typically proliterate indoors unless an infected plant is present, their spores are potentially allergenic. 7: Hyphae are the tubular filaments of fungi. They can break apart and become airborne much like spores and are potentially allergenic. 8: The positive-hole correction factor is a statistical tool which calculates a probable count from the total raw count, taking into consideration that multiple particles can impact on the same hole. For this reason the sum of the calculated counts maybe less than the positive hole corrected total. When raw counts reach 95% of the positive hole value corrected courts should be considered an estimation. 9: Due to rounding totals my not equal 1001/6. Terminology Used in Direct Exam Reporting Hyphae are the tubular filaments of the fungi. Their presence on surface samples in high concentrations is indicative of growth. Conidiophores are a type of modified hyphae from which spores are born Their presence on surface samples in high concentrations is indicative of growth. Perithecial elements are intact or fragmented spore producing bodies produced by some ascomycetes such as Chaetomium and Ascotricha. Their presence on surface samples in high concentrations is indicative of growth. Pycnidial elements are intact or fragmented spore producing bodies produced by some coelomycetes Ike Phoma. Their presence on surface samples in high concentrations is indicative of growth. Excel exports of our reports can be downloaded from our website for your convenience. Excel exports to not constitute a Certificate of Laboratory Analysis. Results relate only to the items tested. /4" 19 Suzanne S. Blevins, B.S., SM(ASCP) Laboratory Director t W4 9 ATTACHMENT 3 Rough Sketches - Approximate Locations of Elevated Moisture 104 # of 91109 kir conditionine unit 114 Side walls 118 Shaded area represent elevated moisture n1? 112 116 Exterior wall Window -k . 4 1 ATTACHMENT 3 Rough Sketches - Approximate Locations of Elevated Moisture (cont.) 214 218 212 216 t .4 s ATTACHMENT 3 Rough Sketches - Approximate Locations of Elevated Moisture (cont) Rough Sketch Rear Wall of Hotel - Showing Elevated Moisture Approximate Locations in Guest Rooms 402 404 406 408 410 412 414 416 418 302 304 306 308 310 312 314 316 318 1 1 202 204 206 208 210 2 214 216 218 1 1 1 1 =Exterior ght Fixtures 1 1 1 1 1 1 1 1 1 1 1 102 104 112 114 116 118 Elevated moisture represented by heavy line. ?? . 44 .0 ATTACHMENT 4 Listing of Rooms with Dust Buildup in Air Conditioning Units Room Numbers by Floor: 104. 201, 203, 205, 206, 207, 209, 213, 215. 301,302,308,310,313,314,315,317,318,319. 401, 402, 403, 412, 418, N .4 W CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: C. Kent Price, Esquire Thomas, Thomas and Hafer P.O. Box 999 Harrisburg, PA 17108-0999 islDate: ZOO Bre sling, Esquire ,r - r t: CYO C..? r 4.~. ern s ' zz Ln THOMAS, THOMAS & HAFEP, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 NEEMA ENTERPRISES, INC., d/b/a Comfort Inn Capital City, Plaintiff V. MEADOW VALLEY ELECTRIC, INC., Defendant C. Kent Price, Esquire Attorney I.D. 06776 717-255-7632 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533-2007 CIVIL ACTION - LAW JURY TRIAL DEMANDED rVVD"" r,A?'TP DDL'D i!f1TT? TT i IV^ VT. 10XMr 1V 4mv cyT1MXhr%1VWr'k c4 PURSUANT TO RUDE 400912 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of an electronic correspondence, dated September 15, 2008, and authored by Plaintiffs counsel, Bret Keisling, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THOMAS, THOMAS & HAFER, LLP Date: q - /S- 08 C. Kent Price, Esquire I.D. Number: 06776 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 625692.1 1 ---- Page 1 of 2 Stains, Rick L. From: Bret Keisling [bkeisling@nudelpc.comj Sent: Monday, September 15, 2008 1:56 PM To: Stains, Rick L. Subject: RE: NEEMA Enterprises Rick: Consider this email confirmation that Plaintiff waives any objection to the subpoena directed to Harleyville Insurance as contained in correspondence to me dated Sept. 10, 2008. Thanks. Bret Keisling, Esq. Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 Phone: (717) 236-5000 Fax: (717) 236-5080 Email: bkeisling@nudeloc com Licensed in Pennsylvania and Maryland -----Original Message----- From: Stains, Rick L. [mailto:rstains@tthlaw.com] Sent: Monday, September 15, 2008 1:51 PM To: bkeisling@nudelpc.com Subject: NEEMA Enterprises Bret, Per our discussion. An email response from you confirming your waiver of the 20-day notice would be sufficient enough. Thanks, Rick Rick L. Stains, Jr., Paralegal Thomas, Thomas & Hafer LLP 305 North Front Street Sixth Floor Harrisburg, PA 17101 Phone: (717) 441-7056 Fax: (717) 237-7105 rstains ,tthlaw.com %!H 17HOMAS. TH0 IAS & H A'l«'I . R.,, www.tthlaw.com This email is for the use of the intended recipient(s) only. If you have received this email in error, please notify the sender immediately and then delete it. If you are not the intended recipient, you : not keep, use, disclose, copy or distribute this email without the author's prior permission. We hai 9/15/2008 NEEMA ENTERPRISES, INC., d/b/a Comfort Inn Capital City, Plaintiff V. MEADOW VALLEY ELECTRIC, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533-2007 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF 'INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. THOMAS, THOMAS & HAFER, LLP By: Date: 9,1/68 C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Attorney for Defendant 624450.1 NEEMA ENTERPRISES, INC., d/b/a Comfort Inn Capital City, Plaintiff V. MEADOW VALLEY ELECTRIC, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533-2007 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Harleysville Insurance, 355 Maple Avenue, Harleysville, PA 19438. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the claim file including, but not limited to, notice of loss reports, correspondences, investigative reports, including any GAB Robins report(s) authored by Milt Talleff, relative to a claim made by your insured, NEEMA ENTERPRISES, INC., Claim No.: MO-646871, arising out of mold and water damage that occurred at the Comfort Inn, 1012 Wesley Drive, Mechanicsburg, PA 17055, on or about July 1, 2003. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 624440.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Bret Keisling, Esquire Law Offices of Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal o C. Kent Price Date: Q/(0/0.9 624450.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Bret Keisling, Esquire Law Offices of Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP By: i Rick Stains, Jr., Paralegal to C. Kent Price Date: 91(sjeCr? 625692.1 N Z? C.c? rc cn r i HI .:4 a ? cn r, J rr? 4 THOMAS, THOMAS & HAFEF, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA ] 7108 (717) 255-7632 kprice@tthlaw.com NEEMA ENTERPRISES, INC d/b/a Comfort Inn Capital City, Plaintiff V. MEADOW VALLEY ELECTRIC, INC., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO. 7533 2007 : CIVIL ACTION -LAW : JURY TRIAL DEMANDED NOTICE TO: Neema Enterprises, Inc. d/b/a Comfort Inn Capital City c/o Bret Keisling, Esquire Stephen C. Nudel, Esquire Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 YOU ARE HEREBY notified to plead to the enclosed New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT DATED: q 126 (0 S THOMAS, THOMAS & HAFEF, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com Attorney for Defendant NEEMA ENTERPRISES, INC. IN THE COURT OF COMMON PLEAS d/b/a Comfort Inn Capital City, CUMBERLAND COUNTY Plaintiff NO. 7533 2007 V. CIVIL ACTION -LAW MEADOW VALLEY ELECTRIC, INC., Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER 1. PARTIES 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 2. Admitted. II. JURISDICTION AND VENUE 3. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. 4. Denied. The allegations are conclusions of law and/or fact to which no answer is required. III. FACTUAL BACKGROUND 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 6. Denied. It is specifically denied that the Defendant executed a written contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. To the contrary, Defendant did not enter into such a contract with Plaintiff. 7. Denied. It is specifically denied that Defendant obtained and installed electrical lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 8. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 9. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 10. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 11. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 12. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 13. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 14. Admitted upon information and belief. 15. Admitted in part, denied in part. Based upon information and belief, it is admitted that Trident issued a report on or about May 16, 2006, a copy of which is attached to the Complaint as Exhibit "A". The findings, opinions and conclusions contained in said report are denied on the basis that, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 16. Denied. The report is a written document which speaks for itself and, therefore, any attempt to paraphrase, summarize and/or characterize the contents of the report is denied. By way of further answer, the findings, opinions and conclusions contained in said report are denied on the basis that, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 17. Denied. The report is a written document which speaks for itself and, therefore, any attempt to paraphrase, summarize and/or characterize the contents of the report is denied. By way of further answer, the findings, opinions and conclusions contained in said report are denied on the basis that, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 18. Denied. It is specifically denied that Defendant obtained and installed electrical lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. COUNTI Breach of Contract 19. The answers set forth above in paragraphs 1 through 18 are incorporated herein by reference. 20. Denied. It is specifically denied that Defendant obtained and installed electrical lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania pursuant to a contract with the Plaintiff. 21. Denied. It is specifically denied that Defendant provided and installed electrical lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania pursuant to a contract with the Plaintiff. 22. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Defendant had a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 23. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Defendant had a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 24. Denied. The allegations regarding breach of contract are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Defendant had a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth thereof. 25. Denied. The allegations regarding breach of contract are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Defendant had a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 26. Denied. The allegations regarding breach of contract are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Defendant had a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth thereof. 27. Denied. The allegations regarding breach of contract are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Defendant had a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth thereof. 28. Denied. The allegations are conclusions of law and/or fact to which no answer is required. It is specifically denied that Plaintiff incorrectly installed parking lot lights at the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth thereof. 29. Denied. The allegations regarding breach of contract are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Defendant had a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth thereof. COUNT II Negligence 30. The answers set forth above in paragraphs 1 through 29 are incorporated herein by reference. 31. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the Defendant had a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 32. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that answer may be required, it is specifically denied that the Defendant breached any duty of care it may have owed to the Plaintiff, the existence of any such duty of care being further specifically denied. 33. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that answer may be required, it is specifically denied that the Defendant breached any duty of care it may have owed to the Plaintiff, the existence of any such duty of care being further specifically denied. 34. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that answer may be required, it is specifically denied that the Defendant breached any duty of care it may have owed to the Plaintiff, the existence of any such duty of care being further specifically denied. 35. Denied. The allegation regarding breach of duty is a conclusion of law and/or fact to which no answer is required. To the extent that answer may be required, it is specifically denied that the Defendant breached any duty of care it may have owed to the Plaintiff, the existence of any such duty of care being further specifically denied. The remaining allegation is denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 36. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation. 37. Denied. The allegation regarding negligence is a conclusion of law and/or fact to which no answer is required. To the extent that answer may be required, it is specifically denied that the Defendant breached any duty of care it may have owed to the Plaintiff, the existence of any such duty of care being further specifically denied. The remaining allegation is denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 38. Denied. The allegation regarding breach of contract is a conclusion of law and/or fact to which no answer is required. It is specifically denied that Defendant obtained and installed electrical lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania pursuant to a contract with the Plaintiff. The remaining allegation is denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 39. Denied. The allegation regarding negligence is a conclusion of law and/or fact to which no answer is required. To the extent that answer may be required, it is specifically denied that the Defendant breached any duty of care it may have owed to the Plaintiff. The remaining allegation is denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 40. Denied. The allegation regarding negligence is a conclusion of law and/or fact to which no answer is required. To the extent that answer may be required, it is specifically denied that the Defendant breached any duty of care it may have owed to the Plaintiff. The remaining allegation is denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof WHEREFORE, Defendant Meadow Valley Electric, Inc. demands judgment in its favor and against Plaintiff. NEW MATTER 41. The Defendant did not enter into a contract with the Plaintiff to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 42. The Plaintiff's claims may be barred or limited as a result of its own negligence or fault. 43. The Plaintiff s claims may be barred by the statute of repose relating to improvements to real estate. 44. The Plaintiff's claims may be barred by the applicable statute of limitations. 45. The Plaintiffs claims may be barred or limited by its failure to mitigate its damages. 46. The Plaintiffs claims may be barred or limited by the doctrine of spoliation. 47. The Plaintiffs claims may be barred or limited by the doctrine of the gist of the action. 48. The Plaintiff s claims may be barred or limited by the economic loss doctrine. WHEREFORE, Defendant Meadow Valley Electric, Inc. demands judgment in its favor and against Plaintiff. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Tim Bollinger, Secr4tg /Treasurer Meadow Valley Electric, Inc. 625993.1 CERTIFICATE OF SERVICE AND NOW, this 26 h day of September, 2008, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Defendant's Answer with New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Bret Keisling, Esquire Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire t ?;_ ?:, ?? r. _ cn " ? r??-a -? t`t7?; _ ?? ?. ?`? _?, - ?m, . _?. { -K ? -..r.J ...j "{ 1, ~1LED-~ ~" ~f ~~~ r~a~ fi: ``~ ~'`''~'ARY THOMAS, THOMAS & HAFER, LLP ~ ~ ~ O ~ ~"~ ~ ~ Q ~ ~ C. Kent Price, Esquire 305 North Front Street Attorney I.D. 06776 P.O.liox999 Citii~:~_ ,; ,1 .:;.tt~~ 717-255-7632 h Harrisburg, PA 17108 ~, _ ~~~.~ Attorneys for Defendants ~'r ~ ~~) 1 i 4Vt NEEMA ENTERPRISES, INC., d/b/a IN THE COURT OF COMMON PLEAS OF Comfort Inn Capital City, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 7533-2007 v. CIVIL ACTION -LAW MEADOW VALLEY ELECTRIC, INC., JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT'TO RULE 4009.22.. As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served. 2. A copy of the Notice of Intent including the proposed Subpoenas are attached to this Certificate. 3. No objection to the Subpoenas has been received. 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent. Date: ~ '' - ~~ THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. Number: 06776 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 625692.2 / , NEEMA ENTERPRISES, INC., d/b/a Comfort Inn Capital City, Plaintiff v. MEADOW VALLEY ELECTRIC, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533-2007 CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas maybe served. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 25-7632 Attorneys for Defendant Date 6-~~-/U 624450.2 NEEMA ENTERPRISES, INC., d!b/a Comfort Inn Capital City, Plaintiff v. MEADOW VALLEY ELECTRIC, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N O. 7533-2007 CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 Custodian of Records, AJS Architects, 32 North Queen Street, York, PA 17403. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all records regarding the construction of a Day's Inn, owned by N.T. Management, Inc., in Lower Allen Township, Mechanicsburg, Pennsylvania, which was constructed in 1996-1997, including, but not limited to, contracts, sub-contracts, agreements, plans, drawings, diagrams, specifications, change orders, notes, memorandums, meeting minutes, correspondences and all other records, etc., without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with ~t. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price. Esauire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 819644.1 NEEMA ENTERPRISES, INC., d/b/a Comfort Inn Capital City, Plaintiff v. MEADOW VALLEY ELECTRIC, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533-2007 CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 Custodian of Records, NCI, P.O. Box D, Shippensburg, PA 17257. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all records regarding the construction of a Day's Inn, owned by N.T. Management, Inc., in Lower Allen Township, Mechanicsburg, Pennsylvania, which was constructed in 1996-1997, including, but not limited to, contracts, sub-contracts, agreements, plans, drawings, diagrams, specifications, change orders, notes, memorandums, meeting minutes, correspondences and all other records, etc., without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 819644.2 CERTIFICATE OF SERVICE.: I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Joseph Ricci, Esquire Law Offices of Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Par- egal to C. Kent Price Date: ~/ ~/ ~ v 624450.2 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Joseph Ricci, Esquire Law Offices of Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP ~-- By' ~~- Rick Stains, Jr., Paralegal to C. Kent Price Date: ~2 ~/ <Q 625692.2 ?f' ?" [?? TIDY Q till 24 FM 4: 00 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire r Attorney I.D. 06776 305 North Front Street ;rC v';v P.O. Box 999717-255-7632 Harrisburg, PA 17108 T G??VJ Attorneys for Defendants NEEMA ENTERPRISES, INC., d/b/a IN THE COURT OF COMMON PLEAS OF Comfort Inn Capital City, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MEADOW VALLEY ELECTRIC, INC., NO. 7533-2007 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served. 2. A copy of the Notice of Intent including the proposed Subpoenas are attached to this Certificate. 3. No objection to the Subpoenas has been received. 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Date: ? - 'L, C - (. 0 C. Kent Price, Esquire I.D. Number: 06776 305 N. Front Street P.O. BOX 999 Harrisburg, PA 17108 (717) 255-7632 625692.3 NEEMA ENTERPRISES, INC., ddb/a Comfort Inn Capital Citv, Plaintiff N. MEADOW VALLEY ELECTRIC, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533-2007 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP Date: 0 ? - z - 10 By:- C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Boy: 999 Harrisburg, PA 17108-0999 (717) 25-763? Aztorn.evs.for Defcizdant 624450.3 NEEMA ENTERPRISES, INC., d/b/a Comfort Inn Capital City, Plaintiff V. MEADOW VALLEY ELECTRIC, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533-2007 CIVIL ACTION - LAW i JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Lower Allen Township, 2233 Gettysburg Road. Camp Hill, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all records with respect to the construction of the Day's Inn, located at 1012 Wesley Drive, in Lower Allen Township, Mechanicsburg, Pennsylvania, which was constructed in 1996-1997, including, but not limited to, building permits, applications for approval, building inspection reports, contracts, sub-contracts, agreements, plans, drawings, diagrams, specifications, change orders, notes, memorandums, meeting minutes, correspondences and all other records, etc., without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price. Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg PA 17108 TELEPHONE: 717 255-7632 SUPREME COURT ID No. 06776 ATTORNEY FOR Defendant Prothonotary/Clerk. Civil Division Deputy DATE: Seal of the Court 837582.1 NEEMA ENTERPRISES, INC., d/b/a Comfort Inn Capital City, Plaintiff V. MEADOW VALLEY ELECTRIC, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7533-2007 I (CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Department of Labor and Industry, Bureau of Occupational and Industrial Safety, 651 Boas Street, Harrisburg, PA 17121. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all records with respect to the construction of the Day's Inn, located at 1012 Wesley Drive, in Lower Allen Township, Mechanicsburg, Pennsylvania, which was constructed in 1996-1997, including, but not limited to, building permits, applications for approval, building inspection reports, contracts, sub-contracts, agreements, plans, drawings, diagrams, specifications, change orders, notes, memorandums, meeting minutes, correspondences and all other records, etc., without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance. the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA "'AS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NAME: C. Kent Price Esquire ADDRESS 305 N. Front Street P. O. Box 999 Harrisburg. PA 17108 TELEPHONE (717) 255-7632 SUPREME COURT ID No. 06776 ATTORNEY FOR Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 837582.2 CERTIFICATE OF SERVICE L Rick Stains.. Jr., Paralegal for the law finn Thomas, Thomas, Thomas & Hafer. LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Joseph Ricci, Esquire Law Offices of Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Parale al to C. Kent Price Date: 1-5 Z l.) 6-144503 CERTIFICATE OF SERVICE 1, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Joseph Ricci, Esquire Law Offices of Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal to C. Kent Price Date: I/ 27?? 625692.3 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com rt rc- r7 raa^7 C l?_f t ., n,.lr Attorney for Defendant Meadow Valley Electric, Inc. NEEMA ENTERPRISES, INC. IN THE COURT OF COMMON PLEAS d/b/a Comfort Inn Capital City, CUMBERLAND COUNTY Plaintiff NO. 7533 2007 V. : CIVIL ACTION -LAW MEADOW VALLEY ELECTRIC, INC., : Defendant : JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT This case involves a claim for property damage caused by water intrusion at the Comfort Inn motel (hereinafter "the Motel") located at 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Suit in this matter was initiated on June 6, 2008 when Neema Enterprises, Inc., a Pennsylvania corporation with an alleged principal place of business of 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania, filed a Complaint against Meadow Valley Electric, Inc., the Defendant herein. A true and correct copy of the Complaint is attached hereto as Exhibit "A". 3. The Motel was constructed in 1996-1997 with a Certificate of Occupancy being issued by Lower Allen Township on or about May 30, 1997, which is approximately when the Motel opened for business. [Deposition of Anil Thakrar, p. 14, lines 1-2, a true and correct copy of which is attached hereto as Exhibit "B"] 4. The Motel was originally opened as a Days Inn motel before becoming a Comfort Inn motel in 2002. [Deposition of Anil Thakrar, p. 8, lines 9-15 and p. 41, lines 20-24] 5. The Complaint alleges that the "parties", i.e. Plaintiff Neema Enterprises, Inc. and Defendant Meadow Valley Electric, Inc., executed a written contract under which the Defendant was to perform certain electrical services during the construction of the Motel. [Complaint, Exhibit "A", ¶ 6] 6. The Complaint further alleges that Defendant, Meadow Valley Electric, Inc., entered into an AIA Standard Form of Agreement Between Owner and Contractor (hereinafter "the Agreement"), dated November I [ 1996], to provide all labor and materials for electrical and site lighting at the Motel. A true and correct copy of the subject Agreement is attached hereto as Exhibit "C". 7. Contrary to the allegation in paragraph 6 of the Complaint, the Agreement [Exhibit "C" hereto] was actually between N. T. Management, Inc., as the owner, and Meadow Valley Electric, Inc., as the contractor. The Plaintiff herein, Neema Enterprises, Inc., was not a party to the Agreement, nor did it own, operate, manage or hold the franchise for the Motel at any time relevant hereto (¶¶ 17-21). 8. The Complaint alleges that beginning sometime in mid-2003 the Motel suffered water damage from an unknown source. [Complaint, ¶ 8] 9. The Complaint further alleges that the Motel attempted to mitigate the damage, but that water continued to intrude into various rooms in the Motel. [Complaint, ¶¶ 11, 12] 10. The Complaint further alleges that Plaintiff eventually filed a claim with its insurance carrier, Fireman's Fund, as a result of the water damage. [Complaint, ¶ 13] 11. Fireman's Fund subsequently retained the services of Trident Engineering Associates, Inc. (hereinafter "Trident") to investigate the source of the water intrusion. 2 As a result its investigation, Trident concluded the water was entering the Motel from four parking lot lights located on the north exterior wall of the building because the lights were not sealed properly. [Complaint, ¶¶ 14-17] 12. The subject parking lot lights were allegedly obtained and installed by Meadow Valley Electric, Inc. [Complaint, ¶ 18] 13. On May 16/17, 2006 Trident issued a report of its investigation and conclusions which it directed to Fireman's Fund. A true and correct copy of said report is attached hereto as Exhibit "D". 14. On July 25, 2006 Fireman's Fund sent a letter to "Anil Thakrar, Neema Enterprises Inc., C/O Comfort Inn, 1012 Wesley Drive, Mechanicsburg, PA 17055" summarizing the findings and conclusions of the Trident investigation into the water intrusion problem at the Motel, stating in part as follows: "Their [Trident's] investigation reveals moisture is entering the building through light fixtures mounted on the north and south sides of the building. The seals in the fixtures themselves failed which allowed water into the fixture casings and traveled via the electrical conduit and/or mounting hardware into the interior." "... this situation has been occurring for an extended period of time and began prior to the inception date of your policy as evidenced by discovery and prior repairs in March and April of 2005. We have determined the cause of water intrusion occurred via the parking lot light fixtures and the condition was not corrected to stop this from occurring." (emphasis added) A true and correct copy of said letter is attached hereto as Exhibit "E". 15. On June 18, 2007 Anil Thakrar sent a letter to Barry Miller, Vice President of Meadow Valley Electric, Inc., regarding the findings of the Trident Engineering report and requesting that the insurance company for Meadow Valley Electric, Inc. evaluate the claim. A true and correct copy of said letter is attached hereto as Exhibit "F". 3 16. N. T. Management, Inc. is owned by Anil Thakrar and his wife, Neema Thakrar, who are officers of the corporation. [Deposition of Anil Thakrar, p. 14, lines 22-25 and p. 15, lines 1-3] 17. N. T. Management, Inc. owns, operates and manages the Comfort Inn in Mechanicsburg. [Deposition of Anil Thakrar, p. 7, lines 20-25 and p. 8, lines 16-22] 18. N. T. Management, Inc. is the holder of the franchise for the Comfort Inn in Mechanicsburg. [Deposition of Anil Thakrar, p. 24, lines 12-18] 19. Neema Enterprises, Inc. owns and operates the Comfort Inn in Selinsgrove, Pennsylvania. [Anil Thakrar deposition, p. 7, lines 4-5] 20. Neema Enterprises, Inc. does not own or operate any other entities. [Anil Thakrar deposition, p. 7, lines 17-19] 21. Neema Enterprises, Inc. does not own, operate or manage the Comfort Inn of Mechanicsburg, nor has it ever owned, operated or managed the Comfort Inn of Mechanicsburg. 22. The real estate on which the Comfort Inn of Mechanicsburg is located is owned by Anil Thakrar and Neema Thakrar, who lease the property to N. T. Management. [Deposition of Anil Thakrar, p. 9, lines 2-11] 23. The verification to the Complaint filed in this matter, Neema Enterprises, Inc. v. Meadow Valley Electric, Inc., was signed by Anil Thakrar in his capacity as President of Neema Enterprises, Inc. [Complaint; Deposition of Anil Thakrar, p. 44,. lines 18-25 and p. 45, lines 1-4] 24. Neema Enterprises, Inc., Plaintiff herein, has no standing to initiate and prosecute the instant action as it (1.) does not own the real estate located at 1012 Wesley Drive, 4 Mechanicsburg, Pennsylvania where the Comfort Inn of Mechanicsburg is located, (2.) does not own, operate or manage the Comfort Inn of Mechanicsburg at 1012 Wesley Drive, Mechanicsburg, Pennsylvania, (3.) does not hold the franchise for the Comfort Inn of Mechanicsburg at 1012 Wesley Drive, Mechanicsburg, Pennsylvania, and (4.) was not a party to the Agreement with Meadow Valley Electric, Inc. for the electrical work at the Comfort Inn of Mechanicsburg at 1012 Wesley Drive, Mechanicsburg, Pennsylvania which allegedly is the source of the water intrusion involved in the instant action. 25. That N. T. Management, Inc., rather than Neema Enterprises, Inc., is the real parry in interest with regard to the present matter is evidenced by the fact that on September 24, 2001 N. T. Management, Inc. filed a Complaint, captioned N. T. Management, Inc. v. Eshenaurs Fuels, Inc., in the Court of Common Pleas of Cumberland County, Pennsylvania at civil docket No. 01-5530 in which it was alleged that Plaintiff, N. T. Management, Inc., pursuant to a lease, operates a Days Inn Motel located at and known as 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 ("Property"). [Complaint, ¶ 2] A true and correct copy of the aforesaid Complaint is attached hereto as Exhibit "G". 26. Attached as Exhibit "A" to the Complaint in the case of N. T. Management, Inc. v. Eshenaurs Fuels, Inc. [Exhibit "G" hereto] is a Standard Form of Agreement Between Owner (N. T. Management, Inc.) and Contractor (Eshenaurs Fuels, Inc.), dated November 1, 1996, with regard to plumbing, heating, ventilation and air conditioning involved in the construction of The Days Inn, Lower Allen Township, Mechanicsburg, Pennsylvania, previously identified herein as the Motel. 27. Neema Enterprises, Inc. is not a real party in interest to the claim asserted in this matter and/or has no standing to maintain the within action at law. 28. There are no disputed issues of material fact and Defendant is entitled to judgment as a matter of law. WHEREFORE, Defendant Meadow Valley Electric, Inc. respectfully requests that summary judgment be granted in its favor and against Plaintiff Neema Enterprises, Inc. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire P. O. Box 999 305 North front Street Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com 908079.1 6 CERTIFICATE OF SERVICE AND NOW, this 7th day of March, 2011, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Defendant's Motion for Summary Judgment by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Joseph Ricci, Esquire Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP e, _ C. Kent Price, Esquire 7 1 77 JUN 17 2008 LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 NEEMA ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : o NO. 07-7533 ?T cao MEADOW VALLEY ELECTRIC, INC., C_ CIVIL ACTION -LAW -' Defendant All COMPLAINT AND NOW comes Neema Enterprises, Inc., by and through its undersigned counsel and in support of its Complaint avers the following: 1. PARTIES 1. Plaintiff is Neema Enterprises, Inc. ("Neema" or "Comfort Inn") a duly authorized Pennsylvania corporation with a principal place of business of 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Premises"). 2. Defendant is Meadow Valley Electric, Inc., ("Meadow Valley") with a principal place of business believed to be 2010 West Main Street, Ephrata, Lancaster County, Pennsylvania. ,IN H. JURISDICTION AND VENUE 3. This Honorable Court has jurisdiction pursuant to 42 Pa.C.S. §5301. 4. Venue is proper pursuant to Pa.R.C.P. 1006 because all relevant business was transacted in Cumberland County and the subject property is located in Cumberland County. III. FACTUAL BACKGROUND 5. Plaintiff operates a hotel known as the Comfort Inn at the Premises and trades as Comfort Inn. 6. The parties executed a written contract under which Defendant Meadow Valley was to perform assorted electrical services at the Comfort Inn, including providing and installing lights in the parking lot of the Comfort Inn. After a thorough review of Plaintiff's files, a copy of the written contract could not be located, but it is believed that Defendant Meadow Valley may have retained a copy of the Contract. 7. Defendant did in fact install the electrical lights in the parking lot of the Comfort Inn. 8. Beginning sometime in mid-2003, the Comfort Inn suffered water damage arising from an unknown source. 9. This water damage occurred as a result of water seeping into various hotel rooms at the Comfort Inn. 10. This water intrusion caused damage to wallpaper and floors as well as furniture and other items located in each of the various rooms. 2 r 11. At all times relevant hereto, Comfort Inn attempted to mitigate the damages caused by the water intrusion and prevent its reoccurrence. 12. Despite the best efforts of Neema, water occasionally intruded into assorted hotel rooms. 13. Eventually, Neema filed a claim with its insurance carrier as a result of the water damage. 14. Plaintiff's insurance carrier retained Trident Engineering Associates, Inc. to determine the source and duration of water intrusion at the Comfort Inn. 15. On May 16, 2006, Trident issued a report regarding the water intrusion. A true and correct copy of the engineering report issued by Trident Engineering Associates, Inc. is attached hereto and incorporated herein as Exhibit "A". 16. The report concluded that moisture entered the building from four exterior parking lot lights on the north side of the building. See Trident Report, page 6, at Exhibit "A„ 17. The report concluded that the lights were not sealed properly allowing the water intrusion to occur. 18. The lights were obtained and installed by Defendant, Meadow Valley Electric, Inc. IV. COUNT I: BRACH OF CONTRACT 19. Paragraphs 1-18 are incorporated herein as if set forth at length. 3 20. The Defendant installed lights in the parking lot of Comfort Inn pursuant to a contract between the parties. 21. The lights which Defendant installed at the Comfort Inn were provided by the Defendant under the contract. 22. The Defendant had an obligation under its contract to install the lights in a satisfactory and workmanlike manner to ensure that they operated properly and did not leak. 23. Defendant breached its contract by failing to install the lights in a workmanlike and satisfactory manner. and failing to ensure that the lights operated in such a way as to not cause damage to the Comfort Inn. 24. Defendant's breach of its Contract resulted in consequential damages to the Comfort Inn in the form of damage to hotel rooms where water intrusion occurred. 25. Defendant is liable to Plaintiff for actual and consequential damages as a result of its breach of contract. 26. Neema incurred costs in excess of $50,000 as a result of the water intrusion that occurred due to Defendant's breach of contract. 27. The costs related to the water intrusion arising from Defendant's breach of contract continue to accrue. 28. Plaintiff also incurred costs in replacing the parking lot lights that were incorrectly installed by Defendant. 4 r 29. As a result of Defendant's breach of contract, Plaintiff has incurred total damages in excess of $50,000, and such damages continue to accrue. WHEREFORE Plaintiff, Neema Enterprises, Inc., respectfully requests this Court enter judgment in its favor and award Plaintiff damages to be determined in excess of $50,000 plus attorney's fees, costs and such other relief as this Court deems appropriate. V. COUNT II: NEGLIGENCE 30. Paragraphs 1-29 are incorporated herein as if set forth at length. 31. Defendant owed Plaintiff a duty of care arising from its contract as described more fully above. 32. Defendant breached its duty of care by failing to perform its work, more specifically, the installation of parking lot lights, in a satisfactory and workmanlike manner. 33. Defendant further breached its duty of care to Plaintiff by failing to ensure that its work on the premises, and more specifically regarding the parking lot lights discussed above, would not cause damage to the Comfort inn. 34. Defendant further breached its duty to Plaintiff by failing to provide parking lot lights that would not fail and thereby cause consequential damages to the interior of the Comfort Inn. 35. The Comfort Inn suffered damages in the form of water intrusion into assorted hotel rooms, solely as a result of Defendant's breach of its duty of care to Defendant. 5 36. Plaintiff's damages include the costs incurred in repairing the damage to the assorted hotel rooms. 37. The Comfort Inn incurred costs in excess of $50,000 as a result of the water intrusion that occurred due to Defendant's negligence. 38. The costs related to the water intrusion arising from Defendant's breach of contract continue to accrue. 39. Plaintiff also incurred costs in replacing the parking lot lights that were negligently installed by Defendant. 40. As a result of Defendant's negligence, Plaintiff incurred total damages in excess of $50,000. WHEREFORE Plaintiff, Neema Enterprises, Inc., respectfully requests this Court enter judgment in its favor and award Plaintiff damages to be determined in excess of $50,000 plus attorney's fees, costs and such other relief as this Court deems appropriate. Respectfully submitted, Date: Ja ?' 20? LAW OFFICES STEPHEN C. NUDEL, PC Stephen . Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff 6 VERIFICATION I, Anil Thakrar, President, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Neema Enterprises, Inc. Date: O d b B . Y C EXHIBIT "A" T RIDENT ENOINEERINO ASSOCIATES, INC. 2010 INDUSTRIAL DRIVE • ANNAPOLIS, MARYLAND 21401-2942 May 16, 2006 Ms. Jean Hargrove Fireman's Fund Insurance, Inc 9690 Deerco Road Timonium, MD 21093 Insured: Comfort Inn - NEEMA Enterprises Location: 1012 Wesley Drive Mechanicsburg, PA Trident Contract No.: 0071-139 Dear Ms. Hargrove; On February 22, 2006 Fireman's Fund Insurance, Inc. of Timonium, MD hired Trident Engineering Associates, Inc. ('Trident') to determine the source and duration of water intrusion at the Comfort Inn, 1012 Wesley Drive, Mechanicsburg, PA. The case was assigned to, and inspected by, Mr. David Uliana, Registered Professional Engineer in the State of Maryland. OBSERVATIONS On February 27, March 23, 27, April 3 and April 10, 2006, Trident visited the site to inspect the property. The following information and observations were collected during the site visit. 1) The structure is a four story commercial building which functions as a hotel. It has 64 rooms, each with an exterior fixed window and a Heating Ventilation and Air Conditioning (HVAC) unit per room. The dwelling faces predominantly south. It is constructed of steel frame with an External Insulation and Finishing System ('EIFS') architectural exterior. (See Photograph 9) The building was constructed in 1997. Even numbered rooms are on the north side of the building while odd numbered rooms are on the south side. 2) Trident visited the site to perform a thorough evaluation of the source of water intrusion. An initial study was performed in late February (report dated March 3, 2006) where rooms 102, 104,112, 114, 118, 203, 211, 212, 214, 216, 218 and 316 were inspected. At the time of that inspection, the rooms on the first ANNAPOLIS (410) 224-3550 • BALTIMORE (410) 9746575 • WASHINGTON (301) 261-8620 • FAX (410) 224-8630 Page 2 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 floor had the drywall removed from the outside walls of the rooms. A report was written to cover the findings: This report covers the findings of several subsequent visits on March 23, March 27, April 3 and April 10. On these dates Trident performed a comprehensive study of all rooms, inspections of the full exterior, inspections of interiors of the walls in key locations and sampling of microbiological growth ('MBG') both airborne and surface level. 3) The exterior of the building is covered with a barrier-type EIFS. It is used because it combines architectural, water repelling, insulating and vapor barrier functions in an economical application. EIFS is used often on large commercial buildings because of the economy and speed of application. Core samples of the EIFS were taken in several places to determine the construction of the building. The construction of the exterior is as shown in Appendix B. Note the construction of the indentation having a 5/8" thick layer of insulation behind it. This indentation is the green architectural band around the building at the window levels. In the previous report, it was noted that cracks at this feature likely allowed moisture to enter the building. 4) Trident met with the hotel manager who informed Trident that 13 of the rooms had significant moisture and microbiological growth. These rooms are 102, 104,112, 114, 118, 203, 211, 212, 214, 216, 218 and 316. Most are on the north side of the building with two of them on the south side. 5) At the time of the first visit, Trident found the drywall removed from the north walls of rooms 102, 104, 112, 114, 116, and 118. Significant microbiological growth ('MBG') was found behind the drywall to varying degrees. Most of the MBG appears to originate from above (See Photographs 2 and 3) or from around screw holes (See Photographs 4 and 5). 6) There is an architectural band of green color at the level that would be the floor on each level. This feature is an indentation of about one inch. The lower, interior comer of this feature is exposed to the outside and is susceptible to catching wind driven rain that falls on the wall above it. (See Appendix B) The entire exterior of the building was inspected for cracks that are commonly found at these interior comers. (See Photographs 7 and 8) A number of cracks were found in these corners on all levels. However, later findings showed these cracks to be of relatively minor interest as a source of water intrusion. TRIDENT ENGINEERING ASSOCIATES, INC. Page 3 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 7) Screws protruding from the steel studs on the inside were highly corroded in areas of significant microbiological growth ('MBG') on the drywall substrate. (See Photograph 9) Screws protruding in regions where there is not visible MBG had little or no corrosion. Please note Appendix C where the areas of most significant MBG and corrosion were found. 8) The hotel manager informed Trident that about a year prior to the visit, in an attempt to control water intrusion and MBG, the hotel hired a firm to apply sealant to the interface between the windows and the EIFS on the exterior. (See Photograph 10) This sealant was inspected and was found to be ductile, complete and without cracks. Sealant was also applied to a number of other joints such as pipes, wires and doors. However, large portions of the lower interior corner of the green architectural stripe were not sealed. Later findings reduced these regions as areas of interest for intrusion. 9) In rooms 102 and 114 the interior drywall was removed to allow crews to perform the cleanup and reconstruction. There was a layer of water resistant drywall installed previous to this cleanup between the steel studs and over the exterior drywall substrate. (See Photograph 11) The hotel manager informed Trident that the water resistant drywall was applied the year prior as an attempt to solve the moisture and MBG problem. 10)Wall coverings in the rooms of this hotel are vinyl. The wall coverings were partially removed from the following surfaces: a. The west wall of 112 b. The west wall of 114 c. The north wall of 218 d. The west wall of 102 e. The south wall of 203 f. The west wall of 218 Beneath each of these there was significant MBG between the wall covering and the top layer of the drywall. (See Photographs 12 and 13) 11)The lower edge of the EIFS was inspected. As expected, there was no feature, such as weep holes, to allow moisture to travel from behind the EIFS to outside the dwelling. (See Photograph 14) This is a weakness in early designs and TRIDENT ENGINEERING ASSOCIATES, INC. Page 4 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 applications of EIFS to have no provision for removing or redirecting water from behind the exterior vapor barrier layer. 12)Moisture readings were taken in the rooms on multiple surfaces. Many recordings were made and a summary of them is found in the Industrial Hygienists report. (See Appendix D). 13)Areas of elevated moisture, MBG and corrosion in the steel and screws (See Appendix C) followed a consistent pattern. IIIIIIIIIIIIIIIIIIIIIIIIIIIpew areas of elevated moisture were found above these lights while significant moisture was found at and below these lights. Elevated moisture readings became more widespread the farther down the building the readings were taken. 14)On the north side of the building there are four high voltage lights to illuminate the parking lot. These lights were inspected as a potential path for water to pass from the exterior, behind the EIFS, and into the structure. See Photograph 1 15)A bore scope was used to view behind these lights from the interior of the building. Multiple locations behind and beneath each light were inspected. Much corrosion, staining and evidence of moisture intrusion were found. The corrosion and staining became less severe within as the view moved away from immediately behind the lights. Areas at similar locations but not behind the four lights were also inspected using a bore scope. In all of these areas there were no sings of corrosion in the steel frame members or water stains on any surfaces. CAUSE AND ORIGIN 1) Given normal and customary construction techniques and quality control all exterior cladding will experience moisture penetration of the outer (primary) surface to some degree. Typically, moisture will enter from wind driven rain at joints between different surfaces. Most surface treatments call for secondary moisture protection systems such as lap joints, flashing, weep holes or similar methods for protecting or removing moisture from behind these surfaces. TRIDENT ENGINEERING ASSOCIATES, INC. Page 5 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 2) EIFS does not specify a secondary moisture protection system but relies solely on the primary system, the outer surface of the El FS, as the moisture barrier with no secondary protection. Thus any moisture that passes beyond th rimary protection is not purposefully directed out of the structure. This is an unrealistic expectation for joints made from traditional construction materials and techniques. This problem exists around windows, doors and other features such as lights, signs and canopies. 3) EIFS is installed tightly against the substrate surface with no moisture path or porous layer between to allow a path for moisture. Thus, when wood or plaster are used as the substrate-the likely path for the moisture is through the wood or plaster, around screws or nails, around pipes, around wires, by windows and through cracks or joints. 4) The primary, and only, moisture barrier is the exterior surface. It acts equally well in preventing moisture from transversing in either direction. Thus, any moisture that bypasses this surface through cracks or failed seals has very little opportunity to exit through any path but to the interior of the dwelling. 5) The core samples were taken to evaluate the subsurface construction of the EIFS. In a previous report Trident identified the cracks at the interior comers of the EIFS as potential sources of water intrusion. This could not be confirmed until core samples were taken and evaluated. The core samples revealed that the layers of insulation ('styrofoam') were laid such that cracks in the interior comers are unlikely sources of water intrusion. (See Appendix B) Now. 6) Significant corrosion of the screws protruding through regions of visible MBG indicated the presence of moisture over an extended period of time. Screws with the most. significant corrosion in rooms 102, 104, 112, 114 and 116 where. closest to the ceiling where the water from above would have been most likely to be absorbed. 7) Other exterior treatments, such as vinyl siding, brick and stone, have mechanisms for protecting interior by channeling moisture via gravity out from behind the exterior layer. Weep holes are the most common form of this. EIFS offers no such TRIDENT ENGINEERING ASSOCIATES, INC. Page 6 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 features but relies on the rimary vapor barrier to prohibit all moisture from enterinq the dwelling. re that entered behind the lights could 8) 9) Moisture enters behind the EIFS through paths previously discussed. During cold weather it seeps into the drywall substrate behind the EIFS and moves through the plaster via capillary action and gravity. As the weather warms, the heat from outside drives the moisture out of the substrate and into the cavity between the drywall layers (occupied by the steel frame construction). Proper construction would specify an insulation with a vapor barrier to keep moisture from entering the interior. For this building insulation was used with paper backing which is not a vapor barrier. Thus, during warm weather, moisture is readily able to pass into and through the space created by the steel framing and into the interior drywall where MBG finds the conditions of moisture, food and temperature needed to thrive. This MBG grows most readily in the underside of the vinyl where temperatures are relatively constant, moisture is relatively constant and the organic plaster covering offers a source of food. This problem is particularly profound in interior walls where temperatures are constant and no insulation exists allowing free flow of moisture. 10)The termination of the insulation layer of the EIFS less than.four inches from the grade, though not to specification, does, not add to the conditions found. CONCLUSION Based upon the information gained from others and its own examination and analysis, Trident Engineering Associates, Inc., concludes to a reasonable degree of engineering certainty the following: TRIDENT ENGINEERING ASSOCIATES, INC. not be expelled as with other exterior treatments. Page 7 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 Through improper construction techniques and because of inherent flaws in the EIFS system, the moisture was offered no exterior path to leave the dwelling thus settled inside the dwelling. Through cycles of heating and cooling of the external environment, moisture was driven into the two layers of drywall where it found conditions which support and promote the growth of microbiological organisms. The situation is inherent to the design and construction of the building and has been present for an extended period of time. The MBG is long term in nature, on the order of months or years. Previous attempts to deal with the problem a year earlier did not address the root cause. In preparing this report, we have attempted to be thorough and accurate and to meet the standards generally expected from members of the engineering professions and in accordance with our General Provisions. By accepting delivery of this report, the recipient agrees that we shall not be liable for any special, indirect, incidental, or consequential loss or damage whatsoever. Very truly yours, David Uliana, P.E. Senior Vice President, DU: RFH/es Robert F. Hunt Technical Director TRIDENT ENGINEERING ASSOCIATES, INC. APPENDIX A Photographs TRIDENT ENGINEERING ASSOCIATES, INC. Affect of Crack in EMS Construction of Architectural Feature Exterior `Stucco' Cement-Based Board `Styrofoam' Insulation Appendix B, Construction of the EMS Exterior with the Crack Regions Shown APPENDIX C Regions of High Moisture, MBG And Corrosion TRIDENT ENGINEERING ASSOCIATES, INC. i ? - M N ?. CO ?- s u. 21 06 -a ? a LLZ ? ao N e 10 WU w M1 N o ?! APPENDIX D Hygienist Report TRIDENT ENGINEERING ASSOCIATES, INC. I May 2006 Mr. David Uliana, P.E. Trident Engineering Associates, Inc. 2010 Industrial Drive Annapolis, MD 21401-2942 Re: Mold and Fugitive Moisture Assessment with Recommendations Comfort Inn 1012 Wesley Drive Mechanicsburg, PA 17055 Contract No.: 0071-139 Dear Mr. Uliana: Environmental Science was requested to assess each guest room in the hotel at the address referenced above for the presence of visible mold and fugitive moisture. Several guest rooms reportedly had visible mold present on wall materials. The mold-impacted walls were primarily the exterior wall and adjacent portions of the side walls in each impacted room. Environmental Science did not have the opportunity to inspect the guest rooms before demolition of mold-impacted walls or before the restoration of building materials had been completed. The walls in the impacted guest rooms in the hotel were wallpapered before the removal of mold-impacted wall materials and were re-wallpapered after restoration of the removed drywall. Environmental Science was able to view photographs of the interstitial space (the interior drywall and the fiberglass insulation had been removed) of some exterior walls prior to materials restoration. In the photographs, there was visible rusting of the galvanized steel framing and visible mold on the sheathing. The moisture infiltration appeared to have originated at the top of the wall and worked its way downward. Observations and Moisture Content Level Measurements In each guest room, Environmental Science performed a visual inspection of the exterior wall and the adjacent portions of the side walls for visible evidence of water infiltration or damage and for visible mold. Visible evidence of water infiltration can include lifting edges or seams or bubbling in the wallpaper and stains. Following the visual inspection, Environmental Science examined the interior of the air conditioner in the exterior wall below the window. The condensate pan, coil and fans were examined for dust buildup, visible microbiological growth and moisture. Our site visits were all conducted in March and April of 2006 and none of the air conditioning units had been recently or was operating at that time. Lastly, the exterior wall and the adjacent portions of the two side walls were measured for relative moisture content levels. Water Activity (a„,) can be defined as the ratio of the amount of unbound, available water in a material at a particular temperature and pressure to the maximum amount of water that air can hold at the same temperature and pressure. Water Activity (a,,,) is an important indicator of a building material's ability to support microbial growth. There is no field measurement technique currently available to directly determine a,,, however moisture content (MC) levels can be directly related to the a,, for specific materials. Investigators have determined through experimentation what moisture contents for specific building materials correspond to an a„, that will promote microbial growth. Certain fungi require a building material (food substrate) have an a„, in a specific range in order that growth can be initiated and amplified. Environmental Science employed a Tramex Survey Encounter non-destructive penetrating moisture meter to measure the moisture content levels of the drywall in the guest rooms. Background dry levels were determined by measuring the drywall in guest rooms that were not impacted by either moisture or visible mold. Background dry moisture content levels for the drywall in the hotel were determined to be in the 0 to 5% range. Elevated moisture content levels ranged from 20% to 100%. Environmental Science visited the building on three occasions to visually inspect and to measure the moisture content levels of the walls in the guest rooms. Each of the 65 guest rooms in the hotel were inspected and assessed. Approximately 22 rooms were assessed on each of three visits to the hotel. A fourth visit (24 April 2006) was conducted to collect fungal spore trap air samples and to return to rooms where elevated moisture was detected to reassess conditions in those rooms. Where they had been present, moisture content levels were observed to have decreased in the period between the first inspection and the last. The elevated moisture content levels in the exterior walls were located in approximately 1 square foot areas along the vertical stud lines. The elevated moisture content levels in the adjacent portions of the side walls were present in the eight to ten feet of wall adjacent to the comer with the exterior wall. The side wall elevated moisture content was typically found in the top third of the wall as if the moisture trickled downward. If elevated moisture was measured on one side of a drywall party wall between two rooms, it was usually observed on the adjacent drywall in the adjacent room. Rough sketch drawings of the exterior wall and two side walls showing the approximate locations of elevated moisture content measurements for each room where observed are attached to this report. Visible mold was not observed on wall materials in any of the 65 guests rooms. A suspect material was observed on the coil of an air conditioning unit in room 215. There was a small dark ball (- 1/16 inch in diameter) of material on the front of the coil. Moldy odors (MVOCs) were detected by Environmental Science in rooms 114 and 116 on 24 April 2006. Some of the guest rooms were smoking rooms and the residual odor of smoke may have obscured mold odors. Carpet fresheners used by the hospitality staff in smoking rooms also may have obscured mold odors. During the visual inspection of the air conditioning units in each room, Environmental Science noted those units with a heavy buildup of dust on interior surfaces. A list of the rooms with heavy dust buildup inside the air conditioning unit is provided at Attachment 4. Microbiological Sampling On 3 April 2006, Environmental Science collected one tape lift sample of a suspect material on the air conditioner coil from room 215. The suspect material was dark and shaped in a tiny fluffy sphere (- 1/16 inch in diameter). The sample was forwarded to Aerobiology Laboratory Associates of Reston, Virginia for analysis. Aerobiology Laboratory Associates is an American Industrial Hygiene Association (AIHA)-accredited Environmental Microbiology laboratory. The results of the laboratory analysis of the samples are attached to this report. Laboratory analysis of the tape lift sample of the suspect material determined that while few fungal spores were present there were numerous hyphal elements. Hyphal elements are the vegetative structural units of fungi. On 24 April 2006, Environmental Science collected fungal spore trap air samples in the following locations at the hotel: room 114, room 116, room 316 and outside the back door of the hotel. Samples were collected in rooms 114 and 116 because they were both rooms that had been impacted by mold (complaint rooms) and had undergone demolition and restoration of wall materials. Samples were collected in room 316 (non-complaint) and outdoors for comparison. Room 316 had not been mold-impacted and was on the same exterior wall as rooms 114 and 116. Environmental Science collected three fungal spore trap air samples at each location. Each sample was collected at a flow rate of 15 liters/minute for a period of 10 minutes. The 12 samples were forwarded to Aerobiology Laboratory Associates of Reston, Virginia for analysis. Aerobiology Laboratory Associates is an American Industrial Hygiene Association (AIHA)-accredited Environmental Microbiology laboratory. The results of the laboratory analysis of the samples are attached to this report and are listed in the following table. Table 1. Results of laboratory analysis of fungal spore trap air samples - 24 April 2006. Mean Mean total fungal Penicillium/Aspergillus Sample numbers Sample location spore concentration spore concentration (spores/m-1) s ores/m' 042406 BC21 to BC 23 Room 114 1543 1024 042606 BC24 to BC 26 Room 116 4087 2773 042606 BC27 to BC29 Room 316 70 20 042606 BC30 to BC32 Outdoors 11892 0 Laboratory analysis of the fungal spore trap air samples determined that the lowest mean total airborne fungal spore concentration was in room 316 (non-complaint room). The highest indoor total airborne fungal spore concentration was in room 116 (complaint room). Comparing the non-complaint room with the two complaint rooms reveals a dramatic increase in the complaint rooms for both the mean total airborne fungal spore concentration and the mean Penicillium/Aspergillus spore concentration. Penicillium/Aspergillus spores are widely considered as indicator organisms for indoor moisture infiltration. The outdoor samples showed no Penicillium/Aspergillus spores present. Although the mean total fungal spore concentration of the outdoor samples was much higher than any indoor sample, the fungal genera and the quantities observed were typical for the outdoors in this region of the country in this season. Discussion The pattern of fugitive moisture content levels became clear when their positions were mapped on a diagram of the outside of the rear of the building (see Attachment 3). At each location where fugitive moisture was observed in an exterior wall, there was a light fixture affixed to the exterior of the building at or immediately above that location. At each location where adjacent drywall walls of the party wall between two rooms both showed the presence of fugitive moisture, there was a light fixture affixed to the exterior of the building at or immediately above that location. Environmental Science believes there are multiple contributing sources for the fugitive moisture and mold growth on and inside walls in the hotel. Borescope inspection of the interstitial space in the exterior walls where the light fixtures were affixed revealed rusting of galvanized steel framing. Borescope inspection of the interstitial space of the exterior walls where no light fixture was affixed revealed no rusting of galvanized steel framing. The metal conduit attached to the affixed light fixtures may provide access for moisture infiltration into the building. The lateral design notching of the exterior rigid insulation may provide access for moisture infiltration under certain conditions. Cuts, gouges and other penetrations through the exterior insulation may provide for moisture infiltration under certain conditions. The use of vinyl wallpaper or of other wallpaper that acts as a moisture vapor barrier may trap moisture inside the interstitial space in an exterior wall and lead to condensation surfaces being formed, especially where thermal bridging occurs. Thermal bridging is a real possibility in a metal-framed building. Environmental Science has observed several occurrences of mold growth on drywall underneath wallpaper on exterior walls in hotels with rigid exterior insulation, metal framing and vinyl wallpaper. It is not known what engineering controls, if any, were used during the demolition of mold-impacted materials in the impacted guest rooms. It is not known what level of cleaning was performed in those rooms after demolition of mold-impacted materials. The air samples collected in rooms 114 and 116 indicate the presence of elevated concentration of airborne mold spores (compared with room 316). Recommendations Environmental Science recommends that vinyl wallpaper or other wallpaper that acts as a water vapor barrier not be used on any exterior wall in a building with rigid exterior insulation and metal framing. The Comfort Inn has rigid exterior insulation and metal framing. If vinyl wallpaper or other wallpaper that acts as a water vapor barrier is present on the exterior walls, it should be replaced. By removing and replacing the vinyl wallpaper or other wallpaper that acts as a water vapor barrier, any moisture infiltration that does enter the wall system will pass into the interior air as water vapor, minimizing the moisture buildup, condensation and mold growth issues inside the wall system. The previous occurrence of mold growth inside the exterior walls is a strong indicator that future mold growth will occur. Environmental Science recommends that each room that was mold-impacted and had demolition performed to remove building materials have its carpeting steam cleaned and, after the carpet dries, be HEPA-vacuumed twice to remove residual mold spores. The building owner may wish to have air sampling performed in representative impacted rooms following the steam cleaning and HEPA-vacuuming of the carpeting to ensure that mold spore concentrations have returned to background levels. Environmental Science recommends that the air conditioning units that had a heavy dust buildup inside have that dust buildup removed by HEPA-vacuuming. In the performance of the inspection and assessment, Environmental Science exercised the degree of care and skill ordinarily exercised by a duly qualified Industrial Hygienist or Indoor Air Quality Consultant performing the same or similar services at the same time in the same geographic area. The readings taken are only representative of the conditions existing at the time the sampling was conducted. Environmental Science is not responsible for any conditions that existed prior to the time the Environmental Science performed the inspection or for any conditions that came into existence after Environmental Science performed such services. Sincerely, William H. Campion Industrial Hygienist, CIAQC Attachments 1 - Guideline Reference Documents 2 - Certificates of Laboratory Analysis 3 - Rough Sketches - Approximate Locations of Elevated Moisture 4 - Listing of Rooms with Dust Buildup in Air Conditioning Units ATTACHMENT 1 Guideline Reference Documents Environmental Science based its assessment and recommendations on the guidance outlined in the following list of references: 1. American Conference of Governmental Industrial Hygienists (ACGIH): Bioaerosols: Assessment and Control, (1999). 2. United States Environmental Protection Agency (USEPA): Mold Remediation in Schools and Commercial Buildings, (2001). 3. ACGIH: Guidelines for the Assessment of Bioaerosols in the Indoor Environment, (1989). 4. ACGIH: Bioaerosols-Airborne Viable Microorganisms in Office Environments: Sampling Protocol and Analytical Procedures, Applied Industrial Hygiene, (1) 4/86. 5. New York City Department of Health, Bureau of Environmental & Occupational Disease Epidemiology: Guidelines on Assessment and Remediation of Fungi in Indoor Environments. New York, NY (2000). 6. American Industrial Hygiene Association (AIHA): Field Guide for the Determination of Biological Contaminants in Environmental Samples. H.K. Dillon, P.A. Heinsohn, and J.D. Miller, Eds. AIHA, Fairfax, VA (1996b). 7. Flannigan, B.: Approaches to Assessment of Microbial Flora of Buildings. In: IAQ '92, Environments for People, pp. 139-145. American Society of Heating, Refrigerating and Air-Conditioning Engineers, Atlanta, GA (1992). 8. Federal-Provincial Committee on Environmental and Occupational Health: Fungal Contamination in Public Buildings: A Guide to Recognition and Management. Ottawa, Ontario, Canada (1995). 9. IICRC: 5520, Standard and Reference Guide for Professional Mold Remediation, Institute of Inspection, Cleaning and Restoration Certification, Vancouver, WA (2003). 10. IICRC: Standard and Reference Guide for Professional Water Damage Restoration, 2nd Edition, 5500-99. Institute of Inspection, Cleaning and Restoration Certification, Vancouver, WA (1999). 11. American College of Occupational and Environmental Medicine: Evidence Based Statements, Adverse Human Health Effects Associated with Molds in the Indoor Environment, Position Statements, ACOEM (2002). 12. Smulski, Stephen: Wood Destroying Fungi in Residential Construction: Building Materials and Wood Technology University of Massachusetts Amherst, MA (1996). 13. American Industrial Hygiene Association (ARIA): Field Guide for the Determination of Biological Contaminants in Environmental Samples, Vd Edition, Ling-Ling Hung, J.D. Miller and H.K. Dillon, Eds. A111A, Fairfax, VA (2005). 14. Gots, R.E., Layton, N.J., Pirages, S.W.: Indoor Health: Background Levels of Fungi. Journal of American Industrial Hygiene Association (ARIA), 64:427-438, (2003). 15. Baxter, Daniel M., Mold Spore Concentrations Inside "Clean" and "Water- Damaged" Commercial and Residential Buildings, (1998). ATTACHMENT 2 Certificates of Laboratory Analysis Reston, VA 20191, 11800 Sunrise Valley Drive, Suite 300, AE oL y W RAT Ry V - Phone (877) 648-9150 Fax (703) 648-3919 Email: lab@aerobiology.net AMM INMRPO STIr ED Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste A1190 Phone (770) 947 2828 F , - ax (770) 947-2938 Email: ATL@aerobiology.net M ROBIOL' Y SPECrIAUSTS St Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@wrobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 1 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-001 61783-002 Client Sample Number: 042406 BC21 042406 BC22 Sample Location: Rm 114-1 Rm 114-2 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Test Requested: 1054 Non-Viable Spore Tray Analysis 1054 Non-Viable Spore Tray Analysis Identification 7 Raw Count Spores/M3 % Tota19 MRL1A Raw Count Spores/M3 % Total9 MRL1A Ascospores 1 53 2 53 1 7 1 7 Chaetomium - - - - 1 7 1 7 Hyphal elements - - - - 1 7 1 7 Totals: I N/A 2933 -100% I N/A 648 -100% Comments: Comments: *See "Footnotes and Additional Report Information" section for explanation of footnotes 48-9 Sunrise Valley Drive, Suite 300, ROL Y DRAY Reston, 20191, Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net ?OKT INCOPORMD Atlanta GA 947-24501 Circle 75 Parkway, Ste A 1190 1 C.7?t t Phone (770) 947-2828 Fax (770) 947-2938 Email: il: ATL@aerobiology.net MIGROEMLOGY ' St Peters, Missouri 63376,105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@wrobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 2 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-003 61783-004 Client Sample Number: 042406 BC23 042406 BC24 Sample Location: Rm 114-3 Rm 116-1 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Test Requested: 1054 Non-Viable Spore Tra Analysis 1054 Non-Viable Spore Tray Anal sis Spore/Particle2-7 Identification Raw Count Spores/M3 % Total 9 MRL to Raw Count Spores/M' % Total MRLIA Algae - - - - 1 7 <1 7 Ascospores 4 27 3 7 1 53 1 53 Cladosponum 7 47 4 7 9 480 11 53 Hyphal elements 1 7 1 7 5 33 ENNE 1 W M 7 Smuts,Periconia, *Irrv?rri?e4e.. - - - - 10 67 2 7 Totals: I N/A 1047 -100% I N/A 4347 -100% Comments: Comments: Large amount of fibers and particulate observed. *See "Footnotes and Additional Report Information section for explanation of footnotes 1 I ?AEROf `?GY- L?RAReston, 20191, 11800 Sunrise Valley Drive, Suite 30Q ?./1r? Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net AW1TS, 1WO TED Atlanta, G) 30339,4501 C(le) 75 Parkway, Ste Al 190 1 Phone 70 947-2828 Fax 770 947-2938 Email: : ATL@aerobiology.net St. Peters, Missouri 63376, 105 Olympic Way MRO`iY SPECiAUSTS Phone (636) 447-9021 Fax (636) 447-8376 Email: ST robiolo L@ae gy.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 3 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-005 61783-006 Client Sample Number: 042406 BC25 042406 BC26 Sample Location: Rm 116-2 Rm 116-3 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Test Requested: 1054 Non-Viable Spore Trap Analysis 1054 Non-Viable bore Trap Analysis Spore/Particle2-7 Identification Raw Count Spores/M3 % Total q 9 lA Raw Count S ores/M3 P % Total9 MRLIA A lternaria - - - - 1 7 III` 11111 1 11111 <1 7 Basidiospores 5 N 267 7 53 - 1-- 7 373 9 53 Cladosporium 16 853 24 53 15 800 19 53 Helicosporium/ 1 7 <1 7 1 7 <1 7 Helicomyces Penicillium/Aspergillus 38 2027 56 53 52 2773 65 53 c s 4 27 1 7 Totals: N/A 3621 -100% N/A 4294 -100% Comments: Comments: *See "Footnotes and Additional Re ort Information" section for explanation of footnotes. ORATORY Reston, 20191, 11800 Sunrise Valley Drive, Suite 300, LABORATORY [' ? L "' ?,1 ?,f [) "? Phone (877 77) 648-9150 50 Fax (703) 648-3919 Email: lab@aerobiobgy.net I O O?D Atlanta GA 30339,4501 Circle 75 Parkway, Ste Al 190 f Phone (770) 947-2828 Fax (770) 947-2938 Email: : ATL@aerobiology.net aYllm? St. Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 4 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-007 61783-008 Client Sample Number: 042406 BC27 042406 BC28 Sample Location: Rm 316-1 Rm 316-2 Date Collected: 4/24/2006 4124/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Test R uested: 1054 Non-Viable Spore Tray Analysis 1054 Non-Viable Spore Tra Analysis Spore/Particle 2-7 Identification Raw Count Spores/M3 % Total9 MRL IA Raw Count S res/M3 % Total MRL 9 IA Ascospores 4 27 22 7 1 7 33 7 Hyphal elements 3 20 17 7 - _ - Totals: I N/A 121 -100% N/A 21 ---100% Comments: Comments: *See "Footnotes and Additional Report Information" section for explanation of footnotes s + f] Reston, VA 20191, 11800 Sunrise Valley Drive, Suite 300, " E RoEm L Wowow ? . Phone (877) 648-9150 Fax (703) 648-3919 Email: lab@aerobiology.net ASSOM INCORPORATED Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste Al 190 Phone (770) 947 2828 F 770 I - ax ( ) 947-2938 Email: ATL@ aerobiology.net ??' St. Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 5 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-009 61783-010 Client Sample Number: 042406 BC29 042406 BC30 Sample Location: Rm 316-3 0-1 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Test Requested: 1054 Non-Viable Spore Trap Analysis 1054 Non-Viable S re Tray Analysis Spore/Particle2_7 Identification Raw Count Spores/M3 % Total9 MRLIA Raw Count Spores/M3 % Totals MRLIA Algae - - - - 3 20 <1 7 Arthrobotrys 1 7 <1 9 MR 7 Basidiospores - - - - 41 8747 71 213 Cercospora - - - - 1 7 <1 7 Hyphal elements 1 7 10 7 1 7 <1 7 Smuts,Periconia, 2 13 19 7 4 .27 <1 7 Totals: I N/A 67 -100% I N/A 12250 -100%0 Comments: Comments: Few pollen grains observed. *See "Footnotes and Additional Report Information" section for explanation of footnotes '' - ERL Y IABRA W, Reston, VA 11800 20191, Sunrise Valley Drive, Suite 30Q ? ?k ?;,,j Ph one (8777 7) 648- Phone (91550 0 Fax (703) 648-3919 Email: lab@aerobiology.net - i%0M INCORPOPA1'ED Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste A1190 Phone (770) 947 2828 F { - ax (770) 947-2938 Email: ATL@aerobiology.net MIGMQ1 OGY SPEC TAUS fS St. Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL.@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 6 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-011 61783-012 Client Sample Number: 042406 BC31 042406 BC32 Sample Location: 0-2 0-3 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4/27/2006 Sample Volume: 150 L 150 L Test Requested: 1054 Non-Viable Spore Tray Analysis 1054 Non-Viable S ore Tray Analysis Spore/Particle2-7 RIkW r -t C.. ./A.r3 0/ r_._, ?mr r .. .- - -3 - Smuts,Periconia, I 5 33 <1 7 9 60 1 7 Totals: I N/A 13727 -100% I N/A 9699 -100% Comments: Comments: Moderate amount of pollen grains observed. *See "Footnotes and Additional Report Information" section for explanation of footnotes 4t,,EROY DRAY ASSOCKTESf INCORPORATED tullGFio MOGY SPECIA TTS Reston, VA 20191, 11800 Sunrise Valley Drive, Suite 300, Phone (877) 648-9150 Fax (703) 648-3919 Email: lab@aerobiology.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste A 1190 Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net St. Peters, Missouri 63374 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences 3838 Clay St. Point of Rocks, MD 21777 Attn: Bill Campion Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Date Received: Date Reported: Page 7 of 7 Job ID: Footnotes and Additional Report Information 4/25/2006 4/28/2006 61783 IA: Minimum Reporting Limits (MRL) for SPORE TRAP samples are particWspore specific. This factor is based on the air volume and the percent of the slide read. 1B: Minimum Reporting Limits (MRL) for CULTURABLE AIR samples are 1000 divided by the sample volume. It is a conversion factor to convert cu/sample voume into cfu/M3. IC: Minimum Reporting Limits (MRL) for BULKS, DUSTS, SWABS, and WATER samples are a calculation based on the sample size and the dilution plate on which the organism was counted. Results area compilation of counts taken from multiple dilutions and multiple medics. This means that every genus of fungi or bacteria recovered can be counted on the plate on which it is best represented. 2: PenicilliurdAspergillus group spores are characterized by their small size, round to ovoid shape, being unicellular and usually colorless to lightly pigmented. There are numerous genera of fungi whose spore morphology is similar to that of the PenicilliunyAspergillus type. Two common examples would be Paecdomyces and Wallemia. Although the majority of spores placed in this group are Penicillium, Aspergdlus, or a combination of both, keep in mind that these are not the only two possibilities. 3: Basidiospores are typically blown indoors from the outdoors and rarely have an indoor source. However, in certain rare situations a high basidiospore count indoors can be indicative of a wood decay problem or wet soil. 4: The Smut, Periconia, myxomycete group is a group composed of three different types of organisms whose spores have similar morphologies. Smuts are plant pathogens, Periconia is a relatively uncommon mold indoors and myxomycetes are not fungi, but slime molds. Altough these organisms do not typically proliferate indoors their spores are potentially allergenic. 5: The colorless spores group contains colorless spores which were unidentifiable to a specific genus. Example of this group include Acremonium, Aphanocladium, Beauveria, Chrysosporium, Engyodondum, Fusarium microconidia, some arthrospores as well as many others. 6: Rusts are plant pathogens. Although these fungi do not typically proliterate indoors unless an infected plant is present, their spores are potentially allergenic. 7: Hyphae are the tubular filaments of fungi. They can break apart and become airborne much like spores and are potentially allergenic. 8: The positive-hole correction factor is a statistical tool which calculates a probable count from the total raw count, taking into consideration that multiple particles can impact on the same hole. For this reason the sum of the calculated counts maybe less than the positive hole corrected total. When raw counts reach 95% of the positive hole value corrected courts should be considered an estimation. 9: Due to rounding totals my not equal 100%. Terminology Used in Direct Exam Reporting Hyphae are the tubular filaments of the fungi. Their presence on surface samples in high concentrations is indicative of growth. Conidiophores are a type of modified hyphae from which spores are born Their presence on surface samples in high concentrations is indicative of growth. Perithecial elements are intact or fragmented spore producing bodies produced by some ascomycetes such as Chaetomium and Ascotricha. Their presence on surface samples in high concentrations is indicative of growth. Pycnidial elements are intact or fragmented spore producing bodies produced by some coelomycetes like Phoma. Their presence on surface samples in high concentrations is indicative of growth. Excel exports of our reports can be downloaded from our website for your convenience. Excel exports to not constitute a Certificate of Laboratory Analysis. Results relate only to the items tested. S"'184t4w ti.Js • 1' Suzanne S. Blevins, B.S., SM(ASCP) Laboratory Director . f . i.+ LG i L} oRA 1!y Reston, 20191, 11800 Sunrise Valley Drive, Suite 300, Phone (877 77) 648-9150 0 Fax (703) 648-3919 Email: lab@aerobiology.net ,%?? IN MTED Atlanta, GA 30339,4501 Circle 75 Parkway, Ste Al 190 r Phone (770) 947-2828 Fax (770) 947-2938 Email: : ATL@aerobiology.net St Peters, Missouri 63376, 105 Olympic Way LWAIOB o " Y SP CIAl. S Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/4/2006 3838 Clay St. Date Reported: 4/6/2006 Point of Rocks, MD 21777 Page 1 of 2 Attn: Bill Campion Job ID: 61466 Project: 031106 Mechanicsburg Condition of Sample(s) Upon Receipt: Acceptable Client Sample Number: 040306 BC1 Lab Sample Number: 61466-001 Sampling Location: AC Coil-403 Date Collected: 4/3/2006 Date Analyzed: 4/5/2006 Test Requested: 1051 Wipe/Tape, Direct Microscopic Exam Results: Few Cladosporium spores seen. Few colorless spores seen. Numerous hyphal elements seen. Comments: 1 ,, 4 N44,AEROBIOLOGY LABORATORY ASSOCIATESt INCORPORATED WROBtOLMY SPECGALIM Reston, VA 20191, 11800 Sunrise Valley Drive, Suite 300, Phone (877) 648-9150 Fax (703) 648-3919 Email: lab@aerobiology.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste Al 190 Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net St. Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences 3838 Clay St. Point of Rocks, MD 21777 Attn: Bill Campion Project: 031106 Mechanicsburg Condition of Sample(s) Upon Receipt: Acceptable Date Received: 4/4/2006 Date Reported: 4/6/2006 Page 2 of 2 Job ID: 61466 Footnotes and Additional Report Information IA: Minimum Reporting Limits (MRL) for SPORE TRAP samples are particle/spore specific. This factor is based on the air volume and the percent of the slide read. IB: Minimum Reporting Limits (MRL) for CULTURABLE AIR samples are 1000 divided by the sample volume. It is a conversion factor to convert cfu/sample voume into cfu/M3. 1 C: Minimum Reporting Limits (MRL) for BULKS, DUSTS, SWABS, and WATER samples are a calculation based on the sample size and the dilution plate on which the organism was counted Results area compilation of counts taken from multiple dilutions and multiple medial. This means that every genus of fungi or bacteria recovered can be counted on the plate on which it is best represented. 2: Penicillitrrr/Aspergillus group spores are characterized by their small size, round to ovoid shape, being unicellular and usually colorless to lightly pigmented There are numerous genera of fungi whose spore morphology is similar to that of the Penicillium(Aspergi/lus type. Two common examples would be Paecilomyces and Wallemia Although the majority of spores placed in this group are Penicillium, Aspcrgillu; or a combination of both, keep in mind that these are not the only two possibilities. 3: Basidiospores are typically blown indoors from the outdoors and rarely have an indoor source. However, in certain rare situations a high basidiospore count indoors can be indicative of a wood decay problem or wet soil. 4: The Smut, Periconia, myxomycete group is a group composed of three different types of organisms whose spores have similar morphologies. Smuts are plant pathogens, Periconia is a relatively uncommon mold indoors and myxomycetes are not fungi, but slime molds. Altough these organisms do not typically proliferate indoors their spores are potentially allergenic. 5: The colorless spores group contains colorless spores which were unidentifiable to a specific genus. Example of this group include Acremonium, Aphanocladium, Beauveria, Chrysosporium, Engyodontium, Fusarium microconidia, some arthrospores as well as many others. 6: Rusts are plant pathogens. Although these fungi do not typically proliterate indoors unless an infected plant is present, their spores are potentially allergenic. 7: Hyphae are the tubular filaments of fungi. They can break apart and become airborne much like spores and are potentially allergenic. 8: The positive-hole correction factor is a statistical tool which calculates a probable count from the total raw count, taking into consideration that multiple particles can impact on the same hole. For this reason the sum of the calculated counts maybe less than the positive hole corrected total. When raw counts reach 95% of the positive hole value corrected courts should be considered an estimation. 9: Due to rounding totals my not equal 100%. Terminology Used in Direct Exam Reporting Hyphae are the tubular filaments of the fungi. Their presence on surface samples in high concentrations is indicative of growth. Conidiophores are a type of modified hyphae from which spores are born Their presence on surface samples in high concentrations is indicative of growth. Perithecial elements are intact or fragmented spore producing bodies produced by some ascomycetes such as Chaetomium and Ascotricha. Their presence on suface samples in high concentrations is indicative of growth. Pycnidial elements are intact or fragmented spore producing bodies produced by some coelomycetes Ike Phoma. Their presence on surface samples in high concentrations is indicative of growth. Excel exports of our reports -be downloaded from our website for your convenience. Excel exports to not constitute a Certificate of Laboratory Analysis. Results relate only to the items tested. Suzanne S. Blevins, B.S., SM(ASCP) Laboratory Director ATTACHMENT 3 Rough Sketches - Approximate Locations of Elevated Moisture 104 ® of Shaded area represent elevated moisture Window kir conditioning unit Side walls 114 118 Al Exterior wall 112 116 . rc • ATTACHMENT 3 Rough Sketches - Approximate Locations of Elevated Moisture (cont.) 214 218 212 216 • ' r a. ATTACHMENT 3 Rough Sketches - Approximate Locations of Elevated Moisture (coat) Rough Sketch Rear Wall of Hotel - Showing Elevated Moisture Approximate Locations in Guest Rooms 402 404 406 408 410 412 414 416 418 302 304 306 308 310 312 314 316 318 1 1 20 204 206 208 210 2 214 216 218 1 I F Exterior Light Fixtures 1 1 1 1 1 1 1 1 1 102 104 112 114 116 118 Elevated moisture represented by heavy line. .?,?¦ ATTACHMENT 4 Listing of Rooms with Dust Buildup in Air Conditioning Units Room Numbers by Floor: 104. 201, 203, 205, 206, 207, 209, 213, 215. 301, 302, 308, 310, 313, 314, 315, 317, 318, 319. 401, 402, 403, 412, 418, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: C. Kent Price, Esquire Thomas, Thomas and Hafer P.O. Box 999 Harrisburg, PA 17108-0999 r I r Date: 2z9o r Bre isling, Esquire 11 /06/200711:10 AM E2387-4527'-- T - If E A M E R I C A N I N S T I T U T E O F A R C If I T E C T S oz7 IS 0 y8 t AIA DOCunlent A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment its a STIPULA TED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCUURACF,D WITH RESPECT TO ITS COMPLETION OR NODIFICATION, 7be 1987 Edition of AIA Document A201, General Conditions of the' Contract for Cotutnrction, is adopted in this document by reference. Dti not use u?itir other general conditions Unless this document is imuiified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Nineteen Hundred and day of / 0? -??L _ in the year of BETWEEN the Owner: N,T.Management, Inc. (Na,se mid addrev) 21 Eastgate Drive Camp Hill, PA 17033 and the Contractor: N AZ O L') V'tt-c' e y (Name and aclibrca) 02 Oq " 15-A-2) v w Cl1.1-)5 fA- T. The ProJect is: The Days Inn 00)iecutdltxaflisit) Lower Allen Township Mechanicsburg, PA The Architect is: AJS (Nmae and adduce) 32 North Queen Street York, PA 17403 The Owner and Contractor agree as set forth below. L L,C-C `fe- IC IAZ C Q 1-75z.z. CONSTRUCTION MANAGER: NCI P.O. Box D Shippensburg, PA 17257 1918.1925, 19 easy I M Ncw York Avenue K W, 1951, 195 196, Wuhingu;n, D.C 120000197 1974,17. . Reprod clkm of ttti 9maierial herein O substa tdal qao atinn of its provislors without written pertnim1pil of the AIA violates the copyright taws of the U1111CCI StacS and will he subject to legal prosecution. AIA t>OCUMEW A101 • OWNER-CONTRACTOR AGRE$MEN7' • TVIF.I.1711 EDInON • AIAO THE Ab1ERICAN INSTITUTE OFARC111TEtT3, 1735 NEW YORK AVENUE. N.W., W.LS111NGT(N . D.C. A1t)1-1987 1 .. 11/06/2007 11:10 AM •E2387 4527 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (deneral, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract aS if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior ncgOtiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically Indicated in the Contract Documents to be the responsibility of others, or as follows! "? 4 (57-6 se, A/,, 1/w ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date Is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (hrsert the date of mntmencemrrrt, V 'h d ffers frnm tax data r f this Agreetnvtt or. or apptirahle, slate lewd The date trill be fired hr a tratice to pracmi.) Unless the date of commencement 1% established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner In writing not less than live days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security Interests. 3.2 The Contractor shalt achieve Substantial Completion of the entire Work not later than 6 H o" -rrI S (hmvt11wcodowardate artnanbernfcalsndardawafter thefkdrnJcnnune»cemrtU, Also insert ag),r&pdr ntenfsforearlierSubstantialGairiplerlo»ryrer• Irria (wrrifnna ty, the nark, if Fire staked rlseteberr• In fire Coafrarl tkrcumMtlF.) subject to adjustments of this Contract Time as provided In the Contract Documents. ll?tsrri pirrrklans, q atty. for ligrdrlattM damages relathig In failure in complete ore litne.) AIA DOCUMENT AM - OWNER- CONTRACTOR AGREEMENT - TWE1.F77i EDITION - AIAs - 01987 TI IE AMERICAN INb'TITin'E OF ARCNITEC'11S. 17.45 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2txin6 A101-1987 2 11706/2007 11:10-AM E23874527 ADDENDUM ARTICLE 2 THE WORK OF THIS CONTRACT ELECTRICAL 7 SITE LIGHTING As per drawings and specifications described in this document and as per proposal dated October 30 th. 1996.AI1 Labor and materials for electrical and site lighting as per revised plans with 5 poles, 2 double head poles.Telephone system is excluded, conduits for wires are included as per proposal.All Primary and secondary service as per PPL co is included.Wiring for Thru the wall HVAC UNITS is included to the, Front desk. Control panel is excluded. FOR OWNER NCI construct' anger ..................... CONTRACTOR............' 5?°u ?? 11106/2007 11:10 AM E2387"_4527 I ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay (tic Omtractor in current funds for the Contractor's performance of the Contnx•t the Contract Sum of ys: fhlllars (_ / av, subject to additinau and deductions as provided in the 0)[1- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described In the Contract Documents and arc hereby accepted by the Owner: (State the numbers ar other identflcaliaa r jaccepted alternates. tf dedlsirms rm otter aUerrrates are to be made by tae Ca nee sobsegrrer+I In Ibe emVition of this Agrmient• anneb a srbedrde of sncb olber alternates slma•ing the aaunaa for each and the date until wbicb 11AW ammenr is valid.) 4.3 Untt prices, if any, are ms follows: AIA DOCUMENT A101 • OWNER-COWIVAt:TOR AC;REEMEN7' - TwH pmi m mUN - AIAS - ®1SM7 TI IF AMERICANINS'rITIMEOFAR im'FAms, 17}SNIi1T' Yt)ItK At'1?Nllit, N.w., WASIIINCT(N . n.C.l(K06 A101-1987 3 11!0612007 11:10 AM E2387452? ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applicarions for Payment submitted to the Architect by the Contractor and Certificates for Payment Issued by the Architc", the Owner shall make progress payments on account of the Gnntract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the 25 th day of a month, the Owner $hall make payment to the Contractor not later than tllc 25 th day of the f ollowingmonth. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 60 days days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. Tice Schedule of Values shall allocate the entire Contract Sum among the varlous portfolts of the Work and he prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractors Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period coveml by the Application for Payment- 5.6 Subject to the provisions of the Contract D(wuments, the amount of each progress payment shall be computed as follows: 5.6.1 'f'ake that portion of the Contract Sum property 28orrble to completed Work as determined by multiplying the percentage conipletkon of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent ( 0 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be includec?as provided in Suhparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that pxortion of the Contract Suit properly allocahe to nriteriats and equipment delivered anal suitably stored at the site for subsequent incorporation in the completed coonstructkon (or, If approved in advance by the Owner, suitabl y stored off tltc site at a location agreed upon in writinga, less rctainage of Twenty percent ( 20 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Pan- graph 9.5 of the General C:onditi ns. 5.7 The progress payment ainount determined in accordance with Paragraph 5.6 shall be further modified under the following circtmistances: 5.7.1 Add, upon Substantial Cennpletion of the Work, a sum sufficient to increase the total payments to Five percent ( 5 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially dehlyed through no fault of the Contractor, any additional amounts payable In accordance with Subparagraph 9,103 of the General Conditions. 5.6 Reduction or limitation of retainage, if any, shall be as follows: (if It A Iffern4w,, grin, InS11h a"Hal VowplM on of tax entire Uiirk, kr reduce or nrrrll The retaintisr rmstlang frvrat ape fxrcetrtagme instrhtt itr tiuirjarrrr- Araphs 5.4. i and 1. 1"..? (,burr. and Ibis is naf evIdedrrtd c'isra'Irre Ire 1U.r 01"macl iN,runu nos, emerl brrt• prnr•ixnnts for sutb rnhoctialr or iintilatiuu,) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION•• AIAt' • 9) 1987 '17,F: AMENIC:AN INSTITIMF OF ARCIi1TF.t:1'S. 1735 NEW YORK AVENIIf N.W. WASHING-roN, I).(:. 2(xx)6 A101-1967 4 11/06/2007 11:10 AM E23874527 ARTICLE 8 FINAL PAYMENT 611:11 payment, constituting the entire unpaid balance of the C:ontnict Sum, shall be. made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor excq)( for the Contractor's reslx)nsibility to correct nonconforming Work as provided In Subparagraph 1 2.2.2 of the General Conditions anti to satisfy other requirements, if any, which necessarily survive final payment: and (Z) a final Certificate for Payment has been issued by the Ardiftect; suds final payment shall he made by the Owner not more than 30 daps after the Issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made fn this Agreennent to a provision of the General Coridititms or another Contract fkreumient, the ref• ermwe refers to that provision as amended or supplemented by other pruvlsionalof the Contract Documents. 7.2 P.tyniciits dtte and unlntitf tinder the Contract shall bear interest from the date payment is due at the rate Statct[ belt )w, or in the afxaetice thereof, at the legal rate prevailing front time to time at the place where the Project is loatted. flrf.N•rY vale. (r'intrnnt agreed relrnn, it antral (f store farts aru/ nvprhtivrx•rtls antler /!re Freleral 7 )yrlb ix !.ending Art, sl)n!!ar sralr and hx rd crnrsruieer enrHi lures unit oKx r rclttdnrinra nr /iK• (luwc•r s aru/ (3aarac7nr's)rrhrc!!w/!deters eJ hrrs/uess,tiroJrxa!laer aj efn•Nnferl and eLern lx n•nrrn•u •c•Jrin•rii!!rlttj•ry'lG/s prrnYstrnr. lcryJnJ advice slxrrddlx• rdHaineel frill) rrx)xrt fn del--th its err mudiJJcaliuns, and alsrr regarding regtdro m us sm'G as irriurn r/ieclrr umv ar awir•rrs.) 7,3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contrlct may Ix- terminated by the owner or the Contractor as provided in Article Id of the General Contliticuts. 8.2 The Work may ix suspended by the Owrier z provided in Article 1.1 of the General C:onditkms. AIA DOCUMENT AM • OWNER-CON'rRACT(W AGREE1.11-Wr • TWE1.F"1'11 EDITION • AIA4 • C lgK7 111h ANl1iRl(:AN INST'I'1.111t: (IF ARC) 11*rEl:1:C• t7A5 NEW YORK AVENUE, N.W.. AS111NCIT(W. D.C. Ldx", AIOI-1987 Jr 11/06/2007 11:10 AM E2387 452'l ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modificatioms IwAied after execution of this Agreement. are enumerated as follows: 9.1.1 The Agreement Lc this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A 101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated October 20, 1996 , and are as follows: Document Tide, Pages See Attachment 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (1.711wr H-vi IIw .S(gK•i/'ic rr/lnrrs Isom ur rTlPr w rar mbfbf/ edualw/ b Uris AgrMVUpul.) Section Title Pages See Attachment AIA DOCUMENT A101 • OWNER-G(W RA(TOR AGREEAtENI' • 'rWE1.FTt1 EDITION • AIA"' • @1987 TI IF AMERWANINSTITiI'EOF ARC1111'E(:t'S.17,45NEW YORKAVFNIJF N.W.,VIASIItNGTON.D.C.20fX)6 A101-1987 6 -11106/2007 11:10 AM E23874527 9.1.5 The Drawings are as follows, and are (lated October 20, 1996 unless a different (late is shown below: (F.if[x r h5f the nrinmPIks bt•rr for rtJrr 141 are CTbibit dtha•bt d Iu Ibis AAlrowirrrul. ) Number Title Date 1-7 (J. Michael Brill & Assoc., Inc.) Site Drawings April 20, 1996 A-1-0 (AJS) Foundation Plan 9-20-96 A-1-1 Floor Plans 1-4 9-20-96 A-1-2 Roof and Ref. Ceiling 9-20-96 A-2-1 Elevations 9-20-96 A-2-2 Interior Details 9-20-96 A-3-1 Cross Sections 9-20-96 A-3-2 Cabinetry Details 9-20-96 A-3-3 Details 9-20-96 A-4-1 Door Schedule 9-20-96 A-4-2 Room Finish/Beam Schedule 9-20-96 A-5-1 Room Layouts 9-20-96 A-5=2 Entry Plans 9-20-96 A-6-1 Stair & Elevator Sections 9-20-96 FP-1 & FP-2 Fire Protection 9-20-96 P-1 thru P-5 Plumbing 10-03-96 M-1 thru M-3 Mechanical 10-03-96 PE-1 Meter pit/Site Lighting 10-03-96 E-1 thru E-6 Electrical 10-03-96 9.1.6 The Addenda, if any, are as follows: Number Datc Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA OOCUIMM A101 - OWNER-CONTRACTOR AGREEMENT - TWELMI P.UITION - AIA• - 01987 1*11E AbtERICANIN.4TiTtrrE OFARCIIITECTS, 1715 NEW YORK AVENUE. N.W.. WASHING70N. D.C. 21KK16 A101.1987 7 -TI/06/2007 11:10 AM E2387- 4527- 9.1.7 Other documents, if any, forming part of the Contract Documents are 2s follows: (I.&I b em arty arklttitmal ike saw- is u4ticb are intenikd to jrrrm part tI the G,rarad I)uenneronc. 7be Getu rat 67imi angn-wwide ibat bidding mlidprmeras such as adr•rrltsem-ni ar trreitatirnt m bld. bulrections fa Hidikna, saarplcJarrets and the Gm(rannr-s bid am irrti earl 4!1 the tknrlrad Unnanerds enlets emaurralt'it in rl k AA+rrtvm•rd. 77wrslxxdi/ be !lard 1x•re nuly !j interuk•rt ru lye part qr the 0miracl /Ax-uments.) Contractor Proposal Dated: This Agreement is entered into as of the day and year first written above and Is executed in at least three original cupies of which one Is to he delivered to the Contractor, one to the Architect for use In the administration of the Contract, and the remainder to the Owner. i OWNER (NCI Construction Manager on CONTRACTOR beh e) l (.Cii,+rralur (.SiRnalsmq ! /, f WHIII&I Hanle dud tillO (111-bited name and title) AIA DOCUMENT A101 • OW'NER•(:UNTRACIY)R AGREEMENT TWELFTH FU17'ION • AIA° • ®1987 THEAMERR',ANINSTITL'TFOFARCII1TF(:T5,1731NEWYORKAVF•Nt1F,N.W.,WASIHNGTON.0.(:.2(XMlfi AfOf-1987 8 11/06/2007 11:10 AM E2387_4527 Days Inn Located at Woodland Street Mechanicsburg, Pennsylvania AJS 96-06 r - + October 03, 1996 I COVER SHEET TABLE of CONTENTS VOLUME I DIVISION 0 - CONTRACT AND PROPOSAL INFORMATION i 00030 INSTRUCTIONS TO PROPOSERS Contract forms and Conditions Form or Agreement General Conditions Supplementary General Conditions Special Conditions No Lien Agreement I DIVISION 1•- GENERAL REQUIREMENTS 01010 SUMMARY OF WORK ' 1 01027 APPLICATIONS FOR-PAYMENT 01035 MODIFICATION PROCEDURES 01040 PROJECT COORDINATION i 01045 CUTTING AND PATCHING 01200 PROJECT MEETINGS 01300 'SUBMITTALS 01500 TEMPORARY FACILITIES 01631 PRODUCT SUBSTITUTIONS 01700 PROJECT CLOSEOUT 01740 WARRANTIES AND BONDS VOLUME II i DIVISION 2 - SITEWORK•- The Civil engineering documents have been prepared under separate contract by J. Micheal Brill, Engineers, of Mechanicsburg, PA. Specifications for such.work are issued under separate cover. DIVISION 3.- CONCRETE 03300 CAST-IN-PLACE CONCRETE 0.3410 PRECAST HOLLOW CORE PLANK DIVISION 4 - MASONRY 04200 UNIT MASONRY DAYS INN - MECHANICSBURG TABLE OF CONTENTS 1 AJS 96-06 11/06/2007 11:10 AM E23874527 DIVISION 5 - METALS 05500 METAL FABRICATIONS DIVISION 6 - WOOD AND PLASTICS 06100 ROUGH CARPENTRY 06200 FINISH CARPENTRY DIVISION 7 - THERMAL AND MOISTURE PROTECTION .07210 BUILDING INSULATION 07411 MANUFACTURED ROOF PANELS 07530 SINGLE-PLY MEMBRANE ROOFING 07600 FLASHING AND SHEET METAL 07720 ROOF ACCESSORIES 07901 JOINT SEALANTS DIVISION 8 - DOORS AND WINDOWS 08111 STANDARD STEEL DOORS AND FRAMES 08211 FLUSH WOOD DOORS 08410 ALUMINUM STOREFRONT SYSTEMS 08520 ALUMINUM WINDOWS 08710 DOOR HARDWARE DIVISION 9 - FINISHES 09255 GYPSUM BOARD ASSEMBLIES 09300 TILE 09511 ACOUSTICAL PANEL CEILINGS 09650 RESILIENT FLOORING 09900 PAINTING DIVISION 10 - SPECIALTIES 10522 FIRE EXTINGUISHERS, CABINETS, AND ACCESSORIES 10800 TOILET AND BATH ACCESSORIES DIVISION 11 - EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION. NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED I i i i f DIVISION 15 - 16 REFER TO VOLUME 3 END of TABLE OF CONTENTS DAYS INN - MECHANICSBURG AJS 96-06 TABLE OF CONTENTS 2 11 /06/2007 11:10 AM E2387452? MEADOW VALLEY ELECTRIC, INC. ELECTRICAL SYSTEMS 209 MEADOW VALLEY ROAD EPHRATA, PENNSYLVANIA 17522 (717)738-2451 FAX (717) 738-1770 PROPOSAL JOB NAME: DAYS INN DATE: DECEMBER 6,1996 RE: CHANGES MADE FROM PRINTS E1-E6 DATED' 10-3-96, REVISED ON 11-2-96 The following fixtures will be installed in lieu of the 8lttures shown. MOTEL ROOMS 1. Entrance fixture "type G" in hallway to be Progress 714240 2. Bathroom fixture "type G" to be Progress MG/6662-29 CONFF.RENCER0OM 1. Six downlights. (Progress P7TG/6666) 2. Nine 2' x 2' layin fixtures with K" x 1/" parabolic lens. 3. Three downlights at bar. (Progress P7TG/6666) 4. One 2'x 2' layin fixtures with 1/" x %z" parabolic lens. 5. One 4' four tube wrap around fixture in storage room. 6. One single-pole switch LOUNGE 1. Four 2'x 2' layin fixtures with W x VP parabolic lens. EMCIS ROOM 1. Two 2' x 2' layin fixtures with %" x i/" parabolic lens. STORAGER0OM (#1433 1. One 2'x 2' layin fixture with prismatic lens. LOBBY L Eight 2' x 2' layin fixtures with 1/2" x '/" parabolic lens. LOBBY TOILETS (ft or two) 1. One 2' x 2' layin fixture with prismatic lens. DESKARF,4 1. Six down lights. (Progress P7TG/6666) 2. Three 2' x 2' layin fixtures with %" x 1/" parabolic lens. 11!06!2007 11:10 AM E2387 4527 - - OFFICE X131) 1. Two 2'x 2' four tube fixtures with %" x %2" parabolic lens: OFFICE (#149, 1. Seven 2'x 2' four tube fixtures with i" x %2" parabolic lens. GAMEROOM 1. Four 2'x 2' Lzyin fixturcs with %" x '/" parabolic lens. L,4UNDRYROOM 0126) 1. Four 2" x 2" layin fuxturts with prismatic lens. WARLMDREM AREA (#123 &124) 1. Five 2'x 4' layin fixtures with prismatic lens. LINENARFA t#122) 1. Two 2'x 4' layin fix uru with prismatic lens. MECHANICAL ROOM 1#128) 1. One 4' two tube strip fixture. RESTROOM &127, 1. One 2'x 2' layin fixture with prismatic lens. M_ ECHANCAL ROOM tW 121) 1. Four 4' two tube strip fxhues. LAUNDRYROOM {#120 1. One 2'x 2' layiin fixture with prismatic lens. POOL STORAGE 1. One 4' two tube strip fixture. MECHANICAL ROOM &I50) 1. Two 4' two tube strip fixtures. HALLWAYS 1. 2 x 2 lad in fixtures are with '/2 x h parabolic lens. X4 ?5/1' 'T'RIDENT ENOIXIEERINO ASSOCIATES, INC. 2010 INDUSTRIAL DRIVE • ANNAPOLIS, MARYLAND 21401-2942 May 16, 2006 Ms. Jean Hargrove Fireman's Fund Insurance, Inc 9690 Deerco Road Timonium, MD 21093 Insured: Comfort Inn - NEEMA Enterprises Location: 1012 Wesley Drive Mechanicsburg, PA Trident Contract No.: 0071-139 Dear Ms. Hargrove; On February 22, 2006 Fireman's Fund Insurance, Inc. of Timonium, MD hired Trident Engineering Associates, Inc. (`Trident') to determine the source and duration of water intrusion at the Comfort Inn, 1012 Wesley Drive, Mechanicsburg, PA. The case was assigned to, and inspected by, Mr. David Uliana, Registered Professional Engineer in the State of Maryland. OBSERVATIONS On February 27, March 23, 27, April 3 and April 10, 2006, Trident visited the site to inspect the property. The following information and observations were collected during the site visit. 1) The structure is a four story commercial building which functions as a hotel. It has 64 rooms, each with an exterior fixed window and a Heating Ventilation and Air Conditioning (HVAC) unit per room. The dwelling faces predominantly south. It is constructed of steel frame with an External Insulation and Finishing System ('EIFS') architectural exterior. (See Photograph 1) The building was constructed in 1997. Even numbered rooms are on the north side of the building while odd numbered rooms are on the south side. 2) Trident visited the site to perform a thorough evaluation of the source of water intrusion. An initial study was performed in late February (report dated March 3, 2006) where rooms 102, 104,112, 114, 118, 203, 211, 212, 214, 216, 218 and 316 were inspected. At the time of that inspection, the rooms on the first ANNAPOLIS (410) 224-3550 • BALTIMORE (410) 974-6575 • WASHINGTON (301) 261-8620 • FAX (410) 224-8630 Page 2 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 floor had the drywall removed from the outside walls of the rooms. A report was written to cover the findings: This report covers the findings of several subsequent visits on March 23, March 27, April 3 and April 10. On these dates Trident performed a comprehensive study of all rooms, inspections of the full exterior, inspections of interiors of the walls in key locations and sampling of microbiological growth ('MBG') both airborne and surface level. 3) The exterior of the building is covered with a barrier-type EIFS. It is used because it combines architectural, water repelling, insulating and vapor barrier functions in an economical application. EIFS is used often on large commercial buildings because of the economy and speed of application. Core samples of the EIFS were taken in several places to determine the construction of the - building. The construction of the exterior is as shown in Appendix B. Note the construction of the indentation having a 5/8° thick layer of insulation behind it. This indentation is the green architectural band around the building at the window levels. In the previous report, it was noted that cracks at this feature likely allowed moisture to enter the building. 4) Trident met with the hotel manager who informed Trident that 13 of the rooms had significant moisture and microbiological growth. These rooms are 102, 104,112, 114, 118, 203, 211, 212, 214, 216, 218 and 316. Most are on the north side of the building with two of them on the south side. 5) At the time of the first visit, Trident found the drywall removed from the north walls of rooms 102, 104, 114 114, 116, and 118. Significant microbiological growth ('MBG') was found behind the drywall to varying degrees. Most of the MBG appears to originate from above (See Photographs 2 and 3) or from around screw holes (See Photographs 4 and 5). 6) There is an architectural band of green color at the level that would be the floor on each level. This feature is an indentation of about one inch. The lower, interior comer of this feature is exposed to the outside and is susceptible to catching wind driven rain that falls on the wall above it. (See Appendix B) The entire exterior of the building was inspected for cracks that are commonly found at these interior comers. (See Photographs 7 and 8) A number of cracks were found in these comers on all levels. However, later findings showed these cracks to be of relatively minor interest as a source of water intrusion. TRIDENT ENGINEERING ASSOCIATES, INC. Page 3 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 7) Screws protruding from the steel studs on the inside were highly corroded in areas of significant microbiological growth ('MBG') on the drywall substrate. (See Photograph 9) Screws protruding in regions where there is not visible MBG had little or no corrosion. Please note Appendix C where the areas of most significant MBG and corrosion were found. 8) The hotel manager informed Trident that about a year prior to the visit, in an attempt to control water intrusion and MBG, the hotel hired a firm to apply sealant to the interface between the windows and the EIFS on the exterior. (See Photograph 10) This sealant was inspected and was found to be ductile, complete and without cracks. Sealant was also applied to a number of other joints such as pipes, wires and doors. However, large portions of the lower - interior comer of the green architectural stripe were not sealed. Later findings reduced these regions as areas of interest for intrusion. 9) In rooms 102 and 114 the interior drywall was removed to allow crews to perform the cleanup and reconstruction. There was a layer of water resistant drywall installed previous to this cleanup between the steel studs and over the exterior drywall substrate. (See Photograph 11) The hotel manager informed Trident that the water resistant drywall was applied the year prior as an attempt to solve the moisture and MBG problem. 10)Wall coverings in the rooms of this hotel are vinyl. The wall coverings were partially removed from the following surfaces: a. The west wall of 112 b. The west wall of 114 c. The north wall of 218 d. The west wall of 102 e. The south wall of 203 f. The west wall of 218 Beneath each of these there was significant MBG between the wall covering and the top layer of the drywall. (See Photographs 12 and 13) 11)The lower edge of the EIFS was inspected. As expected, there was no feature, such as weep holes, to allow moisture to travel from behind the EIFS to outside the dwelling. (See Photograph 14) This is a weakness in early designs and TRIDENT ENGINEERING ASSOCIATES, INC. Page 4 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 applications of EIFS to have no provision for removing or redirecting water from behind the exterior vapor barrier layer. 12)Moisture readings were taken in the rooms on multiple surfaces. Many recordings were made and a summary of them is found in the Industrial Hygienists report. (See Appendix D). 13)Areas of elevated moisture, MBG and corrosion in the steel and screws (See Annandik r) fnilnwna ...,.,..:..a..?a __u ,. -_ _ _. _. _ ...,...., ,,,. v%- u#v,t; „ynis wnne slgnit)cant moisture was found at and below these lights: Elevated moisture readings became more widespread the farther down the building the readings were taken. 14)On the north side of the building there are four high voltage lights to illuminate the parking lot These lights were inspected as a potential path for water to pass from the exterior, behind the EIFS, and into the structure. See Photograph 1 15)A bore scope was used to view behind these lights from the interior of the building. Multiple locations behind and beneath each light were inspected. Much corrosion, staining and evidence of moisture intrusion were found. The' corrosion and staining became less severe within as the view moved away from immediately behind the lights. Areas at similar locations but not behind the four lights were also inspected using a bore scope. In all of these areas there were no sings of corrosion in the steel frame members or water stains on any surfaces. CAUSE AND ORIGIN 1) Given normal and customary construction techniques and quality control all exterior cladding will experience moisture penetration of the outer (primary) surface to some degree. Typically, moisture will enter from wind driven rain at joints between different surfaces. Most surface treatments call for secondary moisture protection systems such as lap joints, flashing, weep holes or similar methods for protecting or removing moisture from behind these surfaces. TRIDENT ENGINEERING ASSOCIATES, INC. T t ! i Page 5 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 2) EIFS does not specify a secondary moisture protection system but relies solely on the primary system, the outer surface of the EIFS, as the moisture barrier with no secondary protection. Thus any moisture that passes beyond the rima protection is not purposefully directed out of the structure. r This is an unrealistic expe bon for joints made from traditional construction materials and techniques. This problem exists around windows, doors and other features such as lights, signs and canopies. 3) EIFS is installed tightly against the substrate surface with no moisture path or porous layer between to allow a path for moisture. Thus, when wood or plaster are used as the substrate the likely path for the moisture is through the wood or plaster, around screws or nails, around pipes, around wires, by windows and through cracks or. joints. 4) The primary, and only, moisture barrier is the exterior surface. 'It acts equally well in preventing moisture from transversing in either direction. Thus, any moisture that bypasses this surface through cracks or failed seals has very little opportunity to exit through any path but to the interior of the dwelling. 5) The core samples were taken to evaluate the subsurface construction of the EIFS. In a previous report Trident identified the cracks at the interior comers of the EIFS as potential sources of water intrusion. This could not be confirmed until core samples were taken and evaluated. The core samples revealed that the layers of insulation ('styrofoam') were laid such that cracks in the interior comers are unlikely sources of water intrusion. (See Appendix 8) n. 6) Significant corrosion of the screws protruding through regions of visible MBG indicated the presence of moisture over an extended period of time. Screws with the most significant corrosion in rooms 102, 104, 112, 114 and 116 where closest to the ceiling where the water from above would have been most likely to be absorbed. 7) Other exterior treatments, such as vinyl siding, brick and stone, have mechanisms for protecting interior by channeling moisture via gravity out from behind the exterior layer. Weep holes are the most common form of this. EIFS offers no such TRIDENT ENGINEERING ASSOCIATES, INC. Page 6 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 features but relies on the?rim_ary vapor barrier to prohibit all moisture from enterinq the dwelling. 8) 9) Moisture enters behind the EIFS through paths previously discussed: During cold weather it seeps into the drywall substrate behind the EIFS and moves through the plaster via capillary action and gravity. As the weather warms, the heat from outside drives the moisture out of the substrate and into the cavity between the drywall layers (occupied by the steel frame construction). Proper construction would specify an insulation with a vapor barrier to keep moisture from entering the interior. For this building insulation was used with paper backing which is not a. vapor barrier. Thus, during warm weather, moisture is readily able to pass into and through the space created by the steel framing and into the interior drywall where MBG finds the conditions of moisture, food and temperature needed to thrive. This MBG grows most readily in the underside of the vinyl where temperatures are relatively constant, moisture is relatively constant and the organic plaster covering offers a source of food. This problem is particularly profound in interior walls where temperatures are constant and no insulation exists allowing free flow of moisture: 10)The termination of the insulation layer of the EIFS less than.four inches from the grade, though not to specification, does. not add to the conditions found. CONCLUSION Based upon the information gained from others and its own examination and analysis, Trident Engineering Associates, Inc., concludes to a reasonable degree of engineering certainty the following: TRIDENT ENGINEERING ASSOCIATES, INC. oisture that entered behind the lights could not be expelled as with other exterior treatments.. Page 7 Insured: Comfort Inn - NEEMA Enterprises Trident Contract No.: 071-139 May 17, 2006 Through improper construction techniques and because of inherent flaws in the EIFS system, the moisture was offered no exterior path to leave the dwelling thus settled inside the dwelling. Through cycles of heating and cooling of the external environment, moisture was driven into the two layers of drywall where it found conditions which support and promote the growth of microbiological organisms. The situation is inherent to the design and construction of the building and has been present for an extended period of time. The MBG is long term in nature, on the order of months or years. Previous attempts to deal with the problem a year earlier did not address the root cause. In preparing this report, we have attempted to be thorough and accurate and to meet the standards generally expected from members of the engineering professions and in accordance with our General Provisions. By accepting delivery of this report, the recipient agrees that we shall not be liable for any special, indirect, incidental, or consequential loss or damage whatsoever. Very truly yours, ,rte David Uliana, P.E. Senior Vice President, DU.RFH/es Robert F. Hunt Technical Director TRIDENT ENGINEERING ASSOCIATES, INC_ APPENDIX A Photographs TRIDENT ENGINEERING ASSOCIATES, INC. l ,,,ugrupn 1 v, aemant around the Windows and Corners Affect Crack in Constructia Architectu Feature Exterior `Stucco' Cement-Based Board `Styrofoam' Insulation Appendix A Construction of the EMS Exterior with the Crack Regions Shown APPENDIX C Regions of High Moisture, MBG And Corrosion TRIDENT ENGINEERING ASSOCIATES, INC. _ [U ?Ir? l 14 - -------------- M U. _- Affmlwmlllp ? ` tj - M n p _ o _ o u s N - ccl 2 o ? a 10 ?- n f 2 a i r N Air ` e APPENDIX D Hygienist Report TRIDENT ENGINEERING ASSOCIATES, INC. 1 May 2006 Mr. David Uliana, P.E. Trident Engineering Associates, Inc. 2010 Industrial Drive Annapolis, MD 21401-2942 Re: Mold and Fugitive Moisture Assessment with Recommendations Comfort Inn 1012 Wesley Drive Mechanicsburg, PA 17055 Contract No.: 0071-139 Dear Mr. Uliana: Environmental Science was requested to assess each guest room in the hotel at the address referenced above for the presence of visible mold and fugitive moisture. Several guest rooms reportedly had visible mold present on wall materials. The mold-impacted walls were primarily the exterior wall and adjacent portions of the side walls in each impacted room. Environmental Science did not have the opportunity to inspect the guest rooms before demolition of mold-impacted walls or before the restoration of building materials had been completed. The walls in the impacted guest rooms in the hotel were wallpapered before the removal of mold-impacted wall materials and were re-wallpapered after restoration of the removed drywall. Environmental Science was able to view photographs of the interstitial space (the interior drywall and the fiberglass insulation had been removed) of some exterior walls prior to materials restoration. In the photographs, there was visible rusting of the galvanized steel framing and visible mold on the sheathing. The moisture infiltration appeared to have originated at the top of the wall and worked its way downward. Observations and Moisture Content Level Measurements In each guest room, Environmental Science performed a visual inspection of the exterior wall and the adjacent portions of the side walls for visible evidence of water infiltration or damage and for visible mold. Visible evidence of water infiltration can include lifting edges or seams or bubbling in the wallpaper and stains. Following the visual inspection, Environmental Science examined the interior of the air conditioner in the exterior wall below the window. The condensate pan, coil and fans were examined for dust buildup, visible microbiological growth and moisture. Our site visits were all conducted in March and April of 2006 and none of the air conditioning units had been recently or was operating at that time. Lastly, the exterior wall and the adjacent portions of the two side walls were measured for relative moisture content levels. Water Activity (a,,) can be defined as the ratio of the amount of unbound, available water in a material at a particular temperature and pressure to the maximum amount of water that air can hold at the same temperature and pressure. Water Activity (a,,,) is an important indicator of a building material's ability to support microbial growth. There is no field measurement technique currently available to directly determine aw, however moisture content (MC) levels can be directly related to the aw for specific materials. Investigators have determined through experimentation what moisture contents for specific building materials correspond to an aw that will promote microbial growth. Certain fungi require a building material (food substrate) have an aw in a specific range in order that growth can be initiated and amplified. Environmental Science employed a Tramex Survey Encounter non-destructive penetrating moisture meter to measure the moisture content levels of the drywall in the guest rooms. Background dry levels were determined by measuring the drywall in guest rooms that were not impacted by either moisture or visible mold. Background dry moisture content levels for the drywall in the hotel were determined to be in the 0 to 5% range. Elevated moisture content levels ranged from 20% to 100%. Environmental Science visited the building on three occasions to visually inspect and to measure the moisture content levels of the walls in the guest rooms. Each of the 65 guest rooms in the hotel were inspected and assessed. Approximately 22 rooms were assessed on each of three visits to the hotel. A fourth visit (24 April 2006) was conducted to collect fungal spore trap air samples and to return to rooms where elevated moisture was detected to reassess conditions in those rooms. Where they had been present, moisture content levels were observed to have decreased in the period between the first inspection and the last. The elevated moisture content levels in the exterior walls were located in approximately 1 square foot areas along the vertical stud lines. The elevated moisture content levels in the adjacent portions of the side walls were present in the eight to ten feet of wall adjacent to the comer with the exterior wall. The side wall elevated moisture content was typically found in the top third of the wall as if the moisture trickled downward. If elevated moisture was measured on one side of a drywall party wall between two rooms, it was usually observed on the adjacent drywall in the adjacent room. Rough sketch drawings of the exterior wall and two side walls showing the approximate locations of elevated moisture content measurements for each room where observed are attached to this report. Visible mold was not observed on wall materials in any of the 65 guests rooms. A suspect material was observed on the coil of an air conditioning unit in room 215. There was a small dark ball (- 1/16 inch in diameter) of material on the front of the coil. Moldy odors (MVOCs) were detected by Environmental Science in rooms 114 and 116 on 24 April 2006. Some of the guest rooms were smoking rooms and the residual odor of smoke may have obscured mold odors. Carpet fresheners used by the hospitality staff in smoking rooms also may have obscured mold odors. During the visual inspection of the ,air conditioning units in each room, Environmental Science noted those units with a heavy buildup of dust on interior surfaces. A list of the rooms with heavy dust buildup inside the air conditioning unit is provided at Attachment 4. Microbiological Sampling On 3 April 2006, Environmental Science collected one tape lift sample of a suspect material on the air conditioner coil from room 215. The suspect material was dark and shaped in a tiny fluffy sphere (- 1/16 inch in diameter). The sample was forwarded to Aerobiology Laboratory Associates of Reston, Virginia for analysis. Aerobiology Laboratory Associates is an American Industrial Hygiene Association (AIHA)-accredited Environmental Microbiology laboratory. The results of the laboratory analysis of the samples are attached to this report. Laboratory analysis of the tape lift sample of the suspect material determined that while few fungal spores were present there were numerous hyphal elements. Hyphal elements are the vegetative structural units of fungi. On 24 April 2006, Environmental Science collected fungal spore trap air samples in the following locations at the hotel: room 114, room 116, room 316 and outside the back door of the hotel. Samples were collected in rooms 114 and 116 because they were both rooms that had been impacted by mold (complaint rooms) and had undergone demolition and restoration of wall materials. Samples were collected in room 316 (non-complaint) and outdoors for comparison. Room 316 had not been mold-impacted and was on the same exterior wall as rooms 114 and 116. Environmental Science collected three fungal spore trap air samples at each location. Each sample was collected at a flow rate of 15 liters/minute for a period of 10 minutes. The 12 samples were forwarded to Aerobiology Laboratory Associates of Reston, Virginia for analysis. Aerobiology Laboratory Associates is an American Industrial Hygiene Association (AIHA)-accredited Environmental Microbiology laboratory. The results of the laboratory analysis of the samples are attached to this report and are listed in the following table. Table 1. Results of laboratory analysis of fungal spore trap air samples - 24 April 2006. Mean Sample numbers Sample location Mean total fungal PenicilliumlAspergillus spore concentration spore concentration 042406 BC21 to BC 23 Room 114 s ores/m-1 1543 s ores/m' 042606 BC24 to BC 26 Room 116 4087 1024 2773 042606 BC27 to BC29 Room 316 70 20 042606 BC30 to BC32 Outdoors 11892 0 Laboratory analysis of the fungal spore trap air samples determined that the lowest mean total airborne fungal spore concentration was in room 316 (non-complaint room). The highest indoor total airborne fungal spore concentration was in room 116 (complaint room). Comparing the non-complaint room with the two complaint rooms reveals a dramatic increase in the complaint rooms for both the mean total airborne fungal spore concentration and the mean Penicillium/Aspergillus spore concentration. Penicillium/Aspergillus spores are widely considered as indicator organisms for indoor moisture infiltration. The outdoor samples showed no Penicillium/Aspergillus spores present. Although the mean total fungal spore concentration of the outdoor samples was much higher than any indoor sample, the fungal genera and the quantities observed were typical for the outdoors in this region of the country in this season. Discussion The pattern of fugitive moisture content levels became clear when their positions were mapped on a diagram of the outside of the rear of the building (see Attachment 3). At each location where fugitive moisture was observed in an exterior wall, there was a light fixture affixed to the exterior of the building at or immediately above that location. At each location where adjacent drywall walls of the party wall between two rooms both showed the presence of fugitive moisture, there was a light fixture affixed to the exterior of the building at or immediately above that location. Environmental Science believes there are multiple contributing sources for the fugitive moisture and mold growth on and inside walls in the hotel. Borescope inspection of the interstitial space in the exterior walls where the light fixtures were affixed revealed rusting of galvanized steel framing. Borescope inspection of the interstitial space of the exterior walls where no light fixture was affixed revealed no rusting of galvanized steel framing. The metal conduit attached to the affixed light fixtures may provide access for moisture infiltration into the building. The lateral design notching of the exterior rigid insulation may provide access for moisture infiltration under certain conditions. Cuts, gouges and other penetrations through the exterior insulation may provide for moisture infiltration under certain conditions. The use of vinyl wallpaper or of other wallpaper that acts as a moisture vapor barrier may trap moisture inside the interstitial space in an exterior wall and lead to condensation surfaces being formed, especially where thermal bridging occurs. Thermal bridging is a real possibility in a metal-framed building. Environmental Science has observed several occurrences of mold growth on drywall underneath wallpaper on exterior walls in hotels with rigid exterior insulation, metal framing and vinyl wallpaper. It is not known what engineering controls, if any, were used during the demolition of mold-impacted materials in the impacted guest rooms. It is not known what level of cleaning was performed in those rooms after demolition of mold-impacted materials. The air samples collected in rooms 114 and 116 indicate the presence of elevated concentration of airborne mold spores (compared with room 316). Recommendations Environmental Science recommends that vinyl wallpaper or other wallpaper that acts as a water vapor barrier not be used on any exterior wall in a building with rigid exterior insulation and metal framing. The Comfort Inn has rigid exterior insulation and metal framing. If vinyl wallpaper or other wallpaper that acts as a water vapor barrier is present on the exterior walls, it should be replaced. By removing and replacing the vinyl wallpaper or other wallpaper that acts as a water vapor barrier, any moisture infiltration that does enter the wall system will pass into the interior air as water vapor, minimizing the moisture buildup, condensation and mold growth issues inside the wall system. The previous occurrence of mold growth inside the exterior walls is a strong indicator that future mold growth will occur. Environmental Science recommends that each room that was mold-impacted and had demolition performed to remove building materials have its carpeting steam cleaned and, after the carpet dries, be HEPA-vacuumed twice to remove residual mold spores. The building owner may wish to have air sampling performed in representative impacted rooms following the steam cleaning and HEPA-vacuuming of the carpeting to ensure that mold spore concentrations have returned to background levels. Environmental Science recommends that the air conditioning units that had a heavy dust buildup inside have that dust buildup removed by HEPA-vacuuming. In the performance of the inspection and assessment, Environmental Science exercised the degree of care and skill ordinarily exercised by a duly qualified Industrial Hygienist or Indoor Air Quality Consultant performing the same or similar services at the same time in the same geographic area. The readings taken are only representative of the conditions existing at the time the sampling was conducted. Environmental Science is not responsible for any conditions that existed prior to the time the Environmental Science performed the inspection or for any conditions that came into existence after Environmental Science performed such services. Sincerely, William H. Campion Industrial Hygienist, CIAQC Attachments 1 - Guideline Reference Documents 2 - Certificates of Laboratory Analysis 3 - Rough Sketches - Approximate Locations of Elevated Moisture 4 - Listing of Rooms with Dust Buildup in Air Conditioning Units ATTACHMENT 1 Guideline Reference Documents Environmental Science based its assessment and recommendations on the guidance outlined in the following list of references: 1. American Conference of Governmental Industrial Hygienists (ACGIH): Bioaerosols: Assessment and Control, (1999). 2. United States Environmental Protection Agency (USEPA): Mold Remediation in Schools and Commercial Buildings, (2001). 3. ACGIH: Guidelines for the Assessment of Bioaerosols in the Indoor Environment, (1989). 4. ACGIH: Bioaerosols-Airborne Viable Microorganisms in Office Environments: Sampling Protocol and Analytical Procedures, Applied Industrial Hygiene, (1) 4/86. 5. New York City Department of Health, Bureau of Environmental & Occupational Disease Epidemiology: Guidelines on Assessment and Remediation of Fungi in Indoor Environments. New York, NY (2000). 6. American Industrial Hygiene Association (A1HA): Field Guide for the Determination of Biological Contaminants in Environmental Samples. H.K. Dillon, P.A. Heinsohn, and J.D. Miller, Eds. AIHA, Fairfax, VA (1996b). 7. Flannigan, B.: Approaches to Assessment of Microbial Flora of Buildings. In: IAQ '92, Environments for People, pp. 139-145. American Society of Heating, Refrigerating and Air-Conditioning Engineers, Atlanta, GA (1992). 8. Federal-Provincial Committee on Environmental and Occupational Health: Fungal Contamination in Public Buildings: A Guide to Recognition and Management. Ottawa, Ontario, Canada (1995). 9. IICRC: S520, Standard and Reference Guide for Professional Mold Remediation, Institute of Inspection, Cleaning and Restoration Certification, Vancouver, WA (2003). 10. IICRC: Standard and Reference Guide for Professional Water Damage Restoration, 2" d Edition, 5500-99. Institute of Inspection, Cleaning and Restoration Certification, Vancouver, WA (1999). 11. American College of Occupational and Environmental Medicine: Evidence Based Statements, Adverse Human Health Effects Associated with Molds in the Indoor Environment, Position Statements, ACOEM (2002). 12. Smulski, Stephen: Wood Destroying Fungi in Residential Construction: Building Materials and Wood Technology University of Massachusetts Amherst, MA (1996). 13. American Industrial Hygiene Association (AIHA): Field Guide for the Determination of Biological Contaminants in Environmental Samples, 2nd Edition, Ling-Ling Hung, J.D. Miller and H.K. Dillon, Eds. AIHA, Fairfax, VA (2005). 14. Gots, R.E., Layton, N.J., Pirages, S.W.: Indoor Health: Background Levels of Fungi. Journal of American Industrial Hygiene Association (AIHA), 64:427-438, (2003). 15. Baxter, Daniel M., Mold Spore Concentrations Inside "Clean" and "Water- Damaged" Commercial and Residential Buildings, (1998). ATTACHMENT 2 Certificates of Laboratory Analysis V- . , t o y W Rt Ry Heston, 20191,11800 Sunrise Valley Drive, Suite 300, Phone (877 77) 648_9150 50 Fax (703) 648-3919 Email: lab@aerobiology.net Atlanta GA 30339,4501 Circle (77 Parkway, Ste Al 190 l"1.?.?MO V { INCO ORND Phone (770) 947-2828 Fax (770) 947-2938 Email: ATZQaaobiology.net AA F?@fr tLC Y SF `eU i "TB St. Peters, MLwoun 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: SIL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 1 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-001 61783-002 Client Sample Number: Sample Location: 042406 BC21 Rm 114-1 042406 BC22 Date Collected: 4/24/2006 Rm 114-2 Date Analyzed: 4/27/2006 4/24/2006 4/27/2006 Sample Volume: 150 L 150 L Test Requested: 1054 Non-Viable Spore Trap Analysis 1054 Non-Viable Spore Tray Analysis Spore/Particle2-7 Identification Raw Count Spores/M3 % Total 9 MRL IA Raw Count Spores/M3 % Totals MRL1A Ascos res 1 53 2 53 1 7 1 7 Chaetomium - - - - 1 7 1 7 Hyphal elements - - - - 1 7 1 7 Totals: I N/A 2933 -100% N/A 648 --100% Comments: Comments: *See "Footnotes and Additional Report Information" section for explanation of footnotes. NV ..? B-1GY LABORATORY Reston, VA 20191, 11800 Smaise Valley Drive, Suite 300, ..? Phone (877) 648-9150 Fax (703) 648-3919 Email: lab@aerobiology.net ?O , f It ?f? iiJ'NCOR +4 1? 1iHED AtLinta, GA 30339,4501 Circle 75 Parkway, Ste Al 190 Ph . one ( 770) 947-2828 Fax (770) 947-2938 Email: il: ATL@aerobiology.net W .I? St Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aembiology.net Certificate of Laboratory Analysis Environmental Sciences 3838 Clay St Date Received: 4/25/2006 Point of Rocks, MD 21777 Date Reported: 4/28/2006 Page 2 of 7 Attn: Bill Campion Project: 031106 Mechanicsburg (4/24/06) Job ID: 61783 Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: Client Sample Number: 61783-003 042406 BC23 61783-004 Sample Location: Rm 114-3 042406 BC24 Rm 116-1 Date Collected: Date Analyzed: 4/24/2006 4/27/2006 4/24/2006 Sample Volume: 150 L 4/27/2006 Test Requested: Spore/Parttcle 1054 Non-Viable Spore Tra Anal is 3 150 L 1054 Non-Viable Spore Tray Analysis 2-7 Identification Raw Count S r Po es/M % Tota19 MRLI A Raw Count Spores/M3 % Tota19 MRL1A Algae - - - - 1 7 <1 7 Ascospores 4 27 3 7 1 53 1 53 Cladosporium 7 47 4 7 9 480 11 53 H hal elements 1 7 1 7 5 33 1 7 Smuts,Periconia, _ _ Mvxomvicetec - _ 10 67 2 7 Totals: I N/A 1047 -100% N/A 4347 -1000/0 Comments: Comments: Large amount of fibers and particulate observed. "Footnotes and Additional Report Information" section for ex lanation of footnotes. Nl-%-?ROEMOLOGY ? Reston, VA 20191, 11800 Surmise Valley Drive, Suite 300, 1 ! Phone (877) 648-9150 Fax (703) 648-3919 Snail: lab@aerobiology.net M t OPD Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste Al 190 Ph one (770) 947-2828 Fax (770) 947-2938 Snail: ATI,@aerobiology.net ??? SL Peters, Miswuti 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: SrL@aaobiology.net Certificate of Laboratory Analysis Environmental Sciences 3838 Clay St. Date Received: 4/25/2006 Point of Rocks, MD 21777 Date Reported: 4/28/2006 Page 3 of 7 Attn: Bill Campion Project: 031106 Mechanicsburg (4/24/06) Job ID: 61783 :. Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-005 Client Sample Number: 042406 BC25 61783-006 Sample Location: Rm 116-2 042406 BC26 Date Collected: 4/24/2006 Rm 116-3 Date Analyzed: 4127/2006 4/24/2006 Sample Volume: 150 L 4/27/2006 Test Requested: Spore/Particle 1054 Non-Viable Spore Trap Analysis 3 150 L 1054 Non-Viable S re Trap Analysis 2-7 Identification Raw Count Spores/M /o Total 9'l A Raw Count Spores/Mj %Total g MRL1A Altemaria _ tsastatospores 5 267 7 53 7 373 9 53 Cladosporium 16 853 24 53 15 800 19 53 Helicosporium/ 1 Helicomvices 7 <1 7 1 7 ?l 7 Penicillium/Aspergillus I 38 2027 56 53 52 2773 65 53 QrOUD aracn Do s 4 27 1 7 Totals: N/A 3621 -100% N/A 4294 --1000/0 Comments: Comments: -*See "Footnotes and Additional Report information" section for ex lanation of footnotes. 648-399 Drive, Suite 300, NNI.---- G ORATORY P 87A 0648-9150 191,11 00 Suivise ' p D ?y (7 lab@aembiologymet GA 339, Circle- 75 ' ""'(? . INWW0P`i PAtlanta, 70) 947-28280Fax (770) 947-2939 Email /? ATL@a=biology.net MCRK)Bl lraY SPECIAUSM SL Peters, Missouri 63376,105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL@aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 4 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: Client Sample Number: Sample Location: Date Collected: Date Analyzed: Sample Volume: Test Requested: 61783-007 042406 BC27 Rm 316-1 4/24/2006 4/27/2006 150 L 1054 Non-Viable Spore Trap Analysis 61783-008 042406 BC28 Rm 316-2 4/24/2006 4/27/2006 150 L Spore/Particle2-7 elements Raw Count Spores/M3 % Total9 4 27 22 3 20 17 MRLIA Raw Count Spores/M3 %Totaly MRL1A 7 1 7 33 7 7 - - - - Totals: ( N/A 121 -1000/0 N/A 21 -1000/0 ' Comments: Comments: See "Footnotes and Additional Report Information" section for ex lanation of footnotes. ROBIO ?4.J? ORATORY Reston, 77 20191, Smeise Valley Drive, : 1300, Phone (877) 648-9150 50 Fax (703) 648-3919 Email: abQaerobiobgynet # ?±0CU INMO? Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste Al 190 ?+7?? / Phone (770) 947-2828 Fu (770) 947-2938 Email: ATL@aerobiology.net ?y? _`?.?' St Petas, Missouri 63376,105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STLQaerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 5 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-009 61783-010 Client Sample Number: 042406 BC29 042406 BC30 Sample Location: Rm 316-3 0-1 Date Collected: 4/24/2006 4/24/2006 Date Analyzed: 4/27/2006 4127/2006 Sample Volume: 150 L 150 L Test Requested:- 1054 Non-Viable Spore Tray Analysis 1054 Non-Viable Spore Tray Analysis SporelPartiCle2-7 Identification Raw Count S res/M3 po % Total 9 MIA Raw Count Spores/M3 . /o Tota19 MRL Algae - - tA - - 3 20 <1 7 Arthrobotrys - - - - 1 7 <1 7 Basidiospores - 41 8747 71 213 Cercospora - - - - 1 7 <1 7 H hal elements 1 7 10 7 1 7 <1 7 Smuts,Periconia, 2 13 19 7 4 Myxomycetes 27 <1 7 Totals: N/A 67 -100% N/A 12250 -1000/0 Comments: Few pollen grains observed. *See "Footnotes and Additional R rt Information" section for explanation of footnotes. EmL tm o Reston, VA M191,11800 Sunni= Val Drive, Suite 300, i O `4 I fNC f f ykJ'ED Pb- (877) 648-9150 Fax (703) 648-3919 Email: lab@aerobiologynet Atlanta, GA 30339,4501 Circle 75 Parkway, Ste A1190 Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net W MWGY SPECIALIM St. Peters, Missouri 63376; 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL @o aaobiology net Certificate of Laboratory Analysis Environmental Sciences 3838 Clay St. Date Received: 4125/2006 Point of Rocks, MD 21777 Date Reported: 4/28/2006 Attn: Bill Campion Page 6 6 of 7 Project: 031106 Mechanicsburg (4/24/06) Job I 61783 Condition of Sample(s) Upon Receipt: Acceptable Lab Sample Number: 61783-011 Client Sample Number: 042406 BC31 61783-012 61783- 12 Sample Location: 0-2 Date Collected: 4/24/2006 0-3 Date Analyzed: 4/27/2006 4/24/2006 Sample Volume: 150 L 4/27/2006 /2 Test Requested: 1054 Non-Viable S no- Ta Analysis Spore/Particle ? 150 L 1054 Non-Viable Spore Tray Analysis 2-7 Identification Raw Count Spores/ % Total9 MRLI A Raw Count Spores/M3 % Tota19 MRL1A Algae _ _ - 1 7 <1 7 As spores 11 2347 17 213 7 1493 15 213 Cercospora 2 13 <1 7 Helicosporium/ 2 13 <1 7 Helicnmvrec Srnuts,Periconia, 5 33 <1 7 9 M om cetes 60 1 7 Totals: N/A 13727 -100"/p N/A 9699 -.100% Comments: Comments: Moderate amount of pollen grains 'See "Footnotes and Additional R rt information" section for ex lanation of footnotes. observed. &,,ERoLLABoRAy ASSOUGES, INCORPORATED MIGRO@BI€XOGY SPECIAUSTS Reston, VA 20191, 11800 Sunrise Valley Drive, Suite 300, Phone (877) 648-9150 Fax (703) 64&3919 Email: lab@aerobiolM.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste Al 190 Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aaerobiology.net SL Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: STL(;aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/25/2006 3838 Clay St. Date Reported: 4/28/2006 Point of Rocks, MD 21777 Page 7 of 7 Attn: Bill Campion Job ID: 61783 Project: 031106 Mechanicsburg (4/24/06) Condition of Sample(s) Upon Receipt: Acceptable Footnotes and Additional Report Information IA: Minimum Repotting Limits (MRL) for SPORE TRAP samples are particle/spore specific. This factor is based on the air volume and the percent of the slide read. IB: Minimum Reporting Limits (MRL) for CULTURABLE AIR samples are 1000 divided by the sample volume. It is a conversion factor to convert cfu/sample you me into cfu/M3. 1C: Minimum Reporting Limits (MRI.) for BULKS, DUSTS, SWABS, and WATER samples are a calculation based on the sample size and the dilution plate on which the organism was counted. Results area compilation of counts takat from multiple dilutions and multiple medias. This meats that every genus of fimgi or bacteria recovered can be counted on the plate on which it is best represented. 2: PenicilliwiYAspergillus group spores are characterized by their small size, round to ovoid shape, being unicellular and usually colorless to lightly pigmented. There are numerous genera of fungi whose spore morphology is similar to that of the Penicil urdAspargillus type. Two common examples would be Paecilomyces and wallemia. Although the majority of spores placed in this group are Penicillitm; Aspcrgil/tq or a combination of both, keep in mind that these are not the only two possibilities. 3: Basidiospores are typically blown indoors from the outdoors and rarely have an indoor source. However, in certain rare situations a high basidiospore count indoors can be indicative of a wood decay problem or war sal. 4: The Smut, Perieonk myxomycete group is a group composed of three different types of organisms whose spores have similar morphologies. Smuts are plant pathogens, Periconia is a relatively uncommon mold indoors and myxomycetes are not fungi, but slime molds. Altough these organisms do not typically proliferate indoors their spores are potentially allergenic. 5: The colorless spores group contains colorless spores which were unidentifiable to a specific genus. Example of this group include Acremonium, Aphaoocladinm, Baauverig Chrysosporium, agyodontima Fauriu m micrownidia, some arthrospores as well as many others. 6: Rusts are plant pathogens. Although these fungi do not typically proliferate indoors unless an infected plant is present, their spores are potentially allergenic. 7: Hyphae are the tubular filaments of fungi. They can break apart and become airborne much like spores and are potentially allergenic. 8: The positive-hole correction factor is a statistical tool which calculates a probable count from the total raw count, taking into consideration that multiple particles can impact on the same hole. For this reason the sum of the calculated counts may be less than the positive hole corrected total. When raw counts reach 95% of the positive hole value corrected comas should be considered an estimation. 9: Due to rounding totals my not equal 100%. Terminology Used in Direct Exam Reporting Hyphae are the tubular filaments of the fungi. Their presence on surface samples in high concentrations is indicative of growth. Conidiophores are a type of modified hyphae from which spores are bom. Their presence on surface samples in high concentrations is indicative of growth. Perithecial elements are intact or fragmented spore producing bodies produced by some ascomycetes such as Chaetomium and Ascotricha. Their presence on surface samples in high concentrations is indicative of growth Pycnidial elements are intact or fragmented spore producing bodies produced by some coelomycetes lice Phoma. Their presence On surface samples in high extneerutratinns is indicative of growth. Excel exports of our reports can be downloaded from our website for your convenience. Excel exports to not constitute a Certificate of Laboratory Analysis. Results relate only to the items tested- Suzanne S. Blevins, B.S., SM(ASCP) Laboratory Director N&-AMOBIOLOGY LABORATORY PhReston, VA ,1 one (877)20191648-915018 877)264 8 9 1 508 Fax (03) 648- 99Email: l 3ab?@aembiology net O) 947-24501 Circle 75 Parkway, Ste EmA 1190 ?OCW , fNCO Atlauta6 GA ?kJ?'iiJ` V?D Phone ne (770) 947-2828 Fax (770) ) 947-2938 EmaiL• 11,@aerobiology.net ail: An.@aerobiology.net FYfrlG R?L7Ff?fiW V7a 1 1 1 St Peters, Minouui 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Emaik STL@auobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 4/4/2006 3838 Clay St. Date Reported: 4/612006 Point of Rocks, MD 21777 Page I of 2 Attn: Bill Campion Job ID: 61466 Project: 031106 Mechanicsburg Condition of Sample(s) Upon Receipt: Acceptable Client Sample Number: 040306 BC1 Sampling Location: AC Coil-403 Test Requested. 1051 Wipe/Tape, Direct Microscopic Exam Results: Few Cladosporium spores seen. Few colorless spores seen. Numerous hyphal elements seen. Lab Sample Number: 61466-001 Date Collected: 4/3/2006 Date Analyzed: 4/512006 Comments: ROIOL' LABOPARY ASS0CKTE .. F RAYED MICROBIOLOGY SPBOIN AT5 Reston, VA 20191,11800 Sunrise Valley Drive, Suite 300, Phone (877) 648-9150 Fax (703) 648-3919 Email: lab@aaobioloa.net Atlanta, GA 30339, 4501 Circle 75 Parkway, Ste A 1190 Phone (770) 947-2828 Fax (770) 947-2938 Email: ATL@aerobiology.net St. Peters, Missouri 63376, 105 Olympic Way Phone (636) 447-9021 Fax (636) 447-8376 Email: S71 @aerobiology.net Certificate of Laboratory Analysis Environmental Sciences Date Received: 3838 Clay St. 4/4/2006 Date Reported: 4/6/2006 Point of Rocks, MD 21777 Page 2 of 2 Attn: Bill Campion Job ID: Project: 031106 Mechanicsburg 61466 Condition of Sample(s) Upon Receipt: Acceptable Footnotes and Additional Report Information 1 A: Minimum Reporting Limits (MRL) for SPORE TRAP samples are particle/spore specific. This factor is based on the air volume and the percent of the side read. 1B: Minimum Reporting Limits QARL) for CULTURABLE AIR samples are 1000 divided by the sample volume. It is a conversion factor to convert cfu/sample voume into cfir/M3. 1C: Minimum Reporting Limits (NM) for BULKS, DUSTS, SWABS, and WATER samples are a calculation based on the sample size and the diludm plate on which the organism was counted. Results area compilation of oounts taken from multiple dilutions and multiple medias. This means that every genus of fungi or bacteria recovered can be counted on the plate on which it is best represented. 2: PeniciUimilAsp-olus group spores are characterized by choir small size, round to ovoid shape, being unicellular and usually colorless to lightly pigmented. There are -u s genera of fimgi whose spore morphology is similar to that of the PenirdIimdAspergNus type Two common examples would be Although the maiority of spores placed in this Paonly t Wa?s. group are Peaicil/ium, Aspergi//u; or a combination of both, keep in mind that these are not the only two o possibilities. 3: Basidiospores are typically blown indoors from the outdoors and rarely have an indoor source. However, in certain rare situations a high basidiospore count indoors can be indicative of a wood decay problem or wet soil. 4: The Smut, Pencom4 myxomycete group is a gmup composed of three different types of organisms whose spores have similar morphologies. Smuts are plant pathogens, Periconia is a relatively uncommon mold indoors and myxomycetes are not fimgL but slime molds. Altough these organisms do not typically proliferate indoors their spars are potentially allergenic. 5: The colorless spores group contains colorless spores which were unidentifiable to a specific genus. Example of this group include Aa monium, Aphanoda&um, Beamed.% Ciuysosponurg Fagyodonhu n, Fusarium microconidia, some arthrocpores as well as many others. 6: Rusts are plant pathogens. Although these fungi do not typically proliferate indoors unless an infected plant is present, their spores are potentially allergenic. 7: Hyphae are the tubular filaments of fungi. They can break apart and become airborne much mice spores and are potentially allergenic. 8: The positive-hole correction factor is a statistical tool which calculates a probable count from the total raw count, taking into consideration that multiple particles can impact on the same hole. For this reason the sum of the calculated counts may be less than the positive hole corrected total When raw vomits reach 95% of the positive hole value corrected courts should be considered an estimation. 9: Due to rounding totals my not equal 100'/.. Terminology Used in Direct Exam Reporting Hyphae are the tubular filaments of the fungi. Their presence on surface samples in high concentrations is indicative of growth. Conidiophores are a type of modified hyphae from which spoors are born, Their presence on surface samples in high concentrations is indicative of growth. Perithecial elements are intact or fragmented spore producing bodies produced by some ascom ycetes such as Chaetomium and Ascotriclta Their presence on surface samples in high concentrations is indicative of growth. Pycnidial elements are intact or fragmented spore producing bodies produced by some coelomycetes like Phoma. Their presence on surface samples in high concentrations; is indicative of growth. Excel exports of our reports can be downloaded from out website for your convenience. Excel exports to not constitute a Certificate of Laboratory Analysis. Results relate only to the items tested. Suzanne S. Blevins, B.S., SM(ASCP) Laboratory Director ATTAC> MENT 3 Rough Sketches - Approximate Locations of Elevated Moisture (cont.) 214 212 218 216 ec ATTACHMENT 3 Rough Sketches - Approximate Locations of Elevated Moisture (cont) Rough Sketch Rear Wall of Hotel - Showing Elevated Moisture Approximate Locations in Guest Rooms 402 404 406 408 410 412 414 416 418 302 304 306 308 310 316 318 202 204 206 208 210 2 T 214 216 218 Exterior Light Fixtures 1 1 102 104 112 1 1141 116 1! 118 Elevated moisture represented by heavy line...,.... f + f, ATTACHMENT 4 Listing of Rooms with Dust Buildup in Air Conditioning Units Room Numbers by Floor: 104. 201, 203, 205, 206, 207, 209, 213, 215. 301, 302, 308, 310, 313, 314, 315, 317, 318, 319. 401, 402, 403, 412, 418, Firemares Fund' July 25, 2006 Mr. Anil Thakrar Neema Enterprises Inc. C/O Comfort Inn 1012 Wesley Drive Mechanicsburg, PA 17055 RE: Insured: Neema Enterprises Inc. N T. Magvig Cut, Inc. Claim#: 005-06-279686 Policy #: MM80844764 Policy period: June 30, 2005 - 2006 Loss Loc: 1012 Wesley-Drive Mechanicsburg,-PA 17055 Dear Mr. Thakrar: We acknowledge. receipt of your-ciaun and have completed. our:investgation of the above - captioned dent, which was report ed to Tl; eT?IatiQnal Surety Cororton through-The Gleason Agency, .Inc , on February17f 2005. our`cliscussions you advised us in Marchand-Apnl 0£2005;>ynu remodeled 1,0 guest rooms in.:yourhotel:due--to. moisturelmold. This-'=was?done prior to the beginning effective .date of your. policy of insurance with:us.Inthe laterpsrt-of2005?vou again found moistmW;nold:in these same guest rooms. Based. on our-investigation, this condition is an ongoing problem ri the hotel, which manifested"itself prior to. e inception of our policy. As you are aware weemployed the;services of Trident Engineering to assist in determining the cause of the moisture intrusion. Their investigation reveals moisture is entering the building>tlirough light fixtures rltoualted.on the:north and south sides;of the building. The seals in the:fixtures-,thetzselves failed which allowed water into the fixture casings and traveled via the electrical conduit and/or mounting hardware: into the interior. Due to improper construction techniques .and ffaws-* the EIFS system, the moisture could ;not: exit-the. structure and setkled Yvthin the building; resulting in microbiological growth which has been present-for an extended for of time. As outlined above, this situation has been,occurring for an extended period;of time and began prior to the beginning inception date of your poli cy as evidenced by discovery and prior repair _ JU:Marcbt and April of 2005: We -have determined the cause of water intrusion occurred via- :the parlang;_lot lighting fixtures and the .condition was not corrected to stop this from reoccurring: Fireman's Fund Fireman's fund Insurance Company Insurance Companies 9690:Deereco-Rd A company of Allianz ?h Timonium, MD 21093-9908 At this time we would like to refer you to your policy of insurance and specifically the Commercial Property Conditions - CP 0090 07/88 that states the following: "This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in, Property Coverage Forms. H. Policy Period, Coverage Territory Under this Coverage Part: 1. We cover loss. or damage commencing: a. During the policy period shown in the Declarations; It.further states under Causes of Loss.Form -141035 12/88: `B. Exclusions 2. We will not. pay for loss or: damage: caused by or resulting from any of the following. d. (1) Wear and tear; (2) Rust, corrosion, fiungus, ;decay; deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (5)-Settling, cracking,: shrinking or expansion; But if loss or damage by the specified causes of loss-results, we will pay for that resulting loss or damage. 3. We will not pay.for loss: or damage caused by or resulting from anyof the following. But if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage. a. Weather conditions.. But this exclusion . only applies if weather conditions contribute do -any, way, with "a, cause or event excluded in Section .B.1. above to produce the loss or damage. b. Acts or decisions, including the failure to act. or decide, of any person,. group, organizahon.or governmental body. c. Faulty, inadequate or defective: (2) pesign, specifications; workmanship, repair, construction, renovation remodeling, grading-.compaction; , (3) Materials ised-.in repair,- construetion,.renovation-or remodeling; or (4) Maintenance; of part or all-of any property on or off thedescribed premises." In summary, it is the National Surety Corporation's position that the mold and/or water damage to the building manifested. itself over an extended period of time, which occurred prior to the inception ofyour policy of insurance with us. The water damage resulted from wear and.tear, -settling, cmeldng,. shrinking and expansion due to weather conditions, faulty design, workmanship, repair and maintenance of the lights on the north and south sides of the building, all of which are specifically excluded. Additionally, there is no ensuing loss by a-covered cause of loss that occurred within the policy period of the above captioned. policy of insurance. Therefore, we regret we will be unable to assist you for the transit. damage to. the lamps. The National Surety Corporation also reserves the.night to::assert any:and all =defenses, which-may.exist, now-or may. come to light in.the.future, acludirig.the-.right:to disclaim coverage. In addition, there are other provisions, definitions and exclusions: that may apply to further restrict coverage-under the policy and The National: Surety Corporation does not waive any of the: other potentially applicable` policy conditions or exclusions it feels are directly related .to.:the facts of_the=loss. In addition, please refer to the Commercial Property Conditions - CP 090 07-88. "D. Legal Action Against Us No:one may bring a egal action against us under his Coverage Part unless: 1., There has been full compliance with all o the terms of this Coverage part; and 2. The action is :brought within 2 years afterthe date on which thedirect:physical loss or damage: occurred. If you have, any further evidence you.wish to submit to us. regarding your loss and claim, please notify the undersigned at I`-80.0-492-4758 x 4679. Be assured we will.give due consideration: to anyaddttional evidence-which you present regarding the facts and circumstances of your loss ;and claim. Sincerely, Randall-Bieganski` Territorial. Supervisor. The National Surety: Corporation One of the Fireman's-Fund Insurance Companies f cc: The Gleason Agency, Inc. F.O. Box 8 Johnstown, PA 15907 ?? ??;T 07/03/2007 11:23 AM A9FBE 52150 ANIL C. THAKRAB NT MANAGEMENT INC. 1012 Wesley Drive Mechanicsburg, Pa 17055 717-458-1201 June 18, 2007 Dear Mr. Barry Miller, I have spoken to you about our water problems at the Comfort Inn. (formerly Days Inn) We have had two insurance company's that have denied our claims of the damage (copies attached) because of the engineering report which was prepared by Fireman's Fund Insurance To summarize their findings is the electrical lights which are attached to the building to illuminate the parking lot. We are sending the information to you to have your insurance company evaluate the claim. I f you have any questions, please contact me and I will try to be as helpful as possible. Thank you in advance and I will be waiting to hear from you. Best rearguards, Anil Thakrar ?????? N.T. MANAGEMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 01_ ESHENAURS FUELS, INC., CIVIL ACTION - LAW Defendant NOTICE 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 Complaint or for any other claim or 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. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 re r:. - - r N.T. MANAGEMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. ESHENAURS FUELS, INC., CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes Plaintiff, N.T. Management, Inc., by and through its attorneys, the Law Offices Stephen C. Nude respectfully files this Complaint as follows: 1. Plaintiff, N.T. Management, Inc., is a Penns , corporation having an address of 21 Eastgate Drive, Ca Cumberland County, Pennsylvania 17033. 2. Plaintiff, N.T. Management, Inc., pursuant to a lease, operates a Days Inn Motel located at and known as 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 ("Property"). 3. Defendant, Eshenaurs Fuels, Inc., is a Pennsylvania corporation having an address of 2900 Herr Street, Harrisburg, Dauphin County, Pennsylvania 17105. 4. On or about November 1, 1996, Plaintiff, as owner, and Defendant, as contractor, entered into a Standard Form of Agreement Between Owner and Contractor for plumbing, heating, air conditioning and ventilation to be installed at the Property by Defendant ("Agreement"). A true and correct copy of the Agreement is attached hereto and made a part hereof as "Exhibit A " . 5. Pursuant to the terms of the Agreement Defendant was to provide plumbing, heating, ventilation and air conditioning goods and services pursuant to plans and specifications as referenced within the Agreement. 6. Plaintiff agreed to pay Defendant $279,000.00 for Defendant's goods and services. 7. After Defendant's completion of the work in 1997, Plaintiff began to experience defects with the air conditioning which included overflow of water from the air conditioning drainage pans. 8. Upon investigation, it was discovered that Defendant failed to install seventy-seven (77) air conditioning units in accordance to manufacturer's specifications and in a workmanlike manner. 9. As a result of the overflow of the air conditioning drainage pans, Plaintiff has discovered substantial water damage to the Property which includes water damage to drywall and insulation in at least fifty-one (51) guest rooms. 10. Plaintiff believes and therefore avers that there may be additional damage to the Property which has not yet been discovered. 11. As a result of the improper installation of the air conditioning units by Defendant, Plaintiff has had to have the seventy-seven (77) improperly installed air conditioners reinstalled to correct the defects caused by Defendant. 12. The cost of reinstallation of seventy-seven (77) air conditioners to Plaintiff was $12,619.00 as reflected in the repair invoice. A true and correct copy of the repair invoice is attached hereto and made a part hereof as Exhibit "B." 13. Defendant failed to perform the work of installing the air conditioning systems on the Property in a good and workmanlike manner and in accordance with manufacturer's specifications. 14. As a result of the water damage in fifty-one (51) rooms of the Property, Plaintiff will incur costs for repairs to the damaged areas in the amount of $89,772.00 as is reflected in the repair estimate. A true and correct copy of the repair estimate is attached hereto and made a part hereof as Exhibit "C." 15. Plaintiff will incur additional costs to repair any additional damage discovered for which Defendant is liable. 16. Despite request, Defendant has refused to correct the defects in its performance of the work, pay the cost for the reinstallation of the air conditioners or correct the other damages caused by Defendant's acts. 17. Defendant's actions constitute a breach of the Agreement between Plaintiff and Defendant. 18. To date and as a result of Defendant's acts/or omissions Plaintiff has incurred damages in the following amounts: Reinstallation cost $ 12,619.00 Property damage $ 89,772.00 Total $102,391.00 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment on behalf of Plaintiff and against Defendant in the amount of $ 102,391.00 plus interest, costs of suit and attorneys fees along with continued liability for any future damages. Respectfully submitted, 4?? 2J 1 I Date: 200 LAW OFFICES STEPHEN C. NUDEL, PC Ste hen C. Nudel, Esquire Att rney ID ##41703 Mark W. Allshouse, Esquire Attorney ID ##78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff r ti E. A M E R I C A N I N S T I T U T E O F A R C H I T E C T; .? 77, AIA Docuntent A101 Standard Form of Agreement Between Owner and Contractor where the bast's of payment is a STIPULA TED SM 1987 EDITION THIS DOCUMENT HAS 1,11PORTANT LEGAL CO:VSF,(QUE,VCES; CONSULTATION WIT11 AN A TTORNEY IS FNCO URA GF.D W1 TH RESPECT TO ITS COMPLETION OR,110DI FI CA T1ON. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document byl reference. Do not use with other general conditions unless this document is modified. This doatment has been approved and endorsed by The kmocived General Contractors of America. AGREEMENT made as of the f S 7 Nineteen Hundred and 26 day of in the year of BETWEEN the Owner: N.T.Management, Inc. (NeinreawladdreSt) 21 Eastgate Drive Camp Hill, PA 17033 and the Contractor: E -S g C ?} S FU C L S (MMe mtd addrmr) '2 4 -5 71 The Project is: The Days Inn ('V`°rn' fillet I(Xwti'11) Lower Allen Township Mechanicsburg, PA The Architect is: AJS (rVarrtearrdadrlrtcc) 32 North Queen Street York, PA 17403 The Owner and Contractor agree as set forth below. Z/"" /`710 5 CONSTRUCTION %Q-NAGER: NCI P.O. Box D Shippensburg, PA 17257 Copyright 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi. tects, 1735 New York Avenue, N.W., Washington, U.C. 20006. Reproduction of the material herein or substantial quotation 0( 115 provisions a-j1l1ou( written permission of the AIA violates the copyright laws of lcpf prosecution. . file united States and will he subject to AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TIXIFI.Frtl EDITION T IF. AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., W.5S111NGTONaD.C.O2(XW, A101-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda Issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications Issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contraa represents the entire and integrated agreement between the panics hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to he the responsibility of others, or as follows: 1-141, ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement Is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be tine date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs fmm the date q (ibis Agreetnent or. if applicable, state tent The date rrdp befixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely fling of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shali achieve Suhstantial Completion of the entire Work not later than v /10 /,; 7 W 5 (Insert the udettdar dour or ttrunher of calendar dgrs after for date of cmm?tertcrrrreut. Also instrt any requireonertts for earlier .StOntantial Cnntpletirnt (f rer• lain (xtrliorts cI till, Ubrk, i/ nol stated elscvr•bere in rile Caruraci Ikctopteols.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (lnserl pron•isiorrc. if attp, for liquidated datnngm relating to failure it, complete nn rime.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA`% • ©1987 TniE AMERICAN INSTITnnH OF ARCHITECTS, 1 735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 2(XX)6 Al O1-1987 2 ADDENDUM ARTICLE 2 THE WORK OF THIS CONTRACT PLUMBING, HEATING, VENTILATION, AIR CONDITIONING As per drawings plans and specifications described in this document and as per proposal date OCTOBER 21ST 1996.All labor and materials for Plumbing, heating and ventilation. Domestic water line to be instaled to the meter pit.All floor penetrations to be fire proofed as per code. FOR OWNER >rsE??es ?LS? s- ?C? NCI Constructice anager ............................ CONTRACTOR.V? ?k-? ARTICLE 4 CONTRACT SUM 4.1 The Owner shalt friy the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of (j 7p OO the Con. subject to additions and deductions as provided in the Con. Documen. 4.2 The Contnct Sum is based upon the following altercates, If any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers nr other identification of accepted alternates, if decisinta (nr nlber alternates arr to be made by The Ou%er suhsegrrent to the execution nJ This Agreement, atlacb a sclxdtde nJ such other atterrrates slowing The amnttru far each and rtx dare until wbicb tbat anintort is ratid.) 4.3 Unit prices, if any, are 15 follows: AIA DOCUMENT A101 - O%VN[:R-CON'I'RA(TOR A(',RF.FMENI' - TWELFTII FOITION - AIA-V - ©1987 I'IIF. AhIFR1(:AN INST1l'tll'E OF ARCI I11'F(.l'S, 17,SS NEW YORK AVILN(IE, N.W., WA5111N(STON, o.C. L(RN)(I A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for PaynTCnt submitted to the Architect by the Contractor and Certifiates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor 25 provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as folio Ws: 5.3 Provided an Application for Paymenr is received by the Architect not later than the 25 th day of a month, the Owner shall make payment to the Contractor not later than the 25 th day of the followin gmonth. If an Application for Payment is received by the Architect after the application date fixed above, payment shall he made by the Owner not later than 60 days days after the Architect receives the Appliation for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract D(cuments. the amount Of each progress payrtTent shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainagc of Ten ( l 0 `%.). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute mpercent ay be include as provided in Suhparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that Ixirdon of the Contract Sum properly alloctble to materials and equipment delivered and suitably stored at they site for subsequent incorporation in the completed construction. (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Twenty percent ( 20 5.6.3 SUhtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Pavmcnt as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Five Surat, less such amounts as the Architect Shall determine for incomplete Work and percent( unsettled clairnr and ^) of the Contract 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contmctor, any additional amounts payable in accordance with Subparagraph 9.10.5 of the General Conditions. 5.8 Reduction or limitation of reminage, if any, shalt be as follows: (If a is ouended. )near le) .Suh.q,mlial completirm of ate ewire Work. to reduce or parert the rviaotage rmillirrx frvarr Oa• jwrcerrlaXss inserted in .Sulrl,urrr- Ara/,h. 5.6. 1 au out S. 6.-1 n I-,,. erred llri.s is ru,l expl,ooed r1sru•hert' in the Cirrrrrao 1),x*j rrirurs, iraarrl bray pror•rst-is jor such reduclinu or limilalina.) AIA DOCUMENT A10r • OWNER-CONTRACTOR A(;RE.KMEN"r • TWELFTH EDITION • AIA9 • O198, 1'I IF: ANF.RICAN INSI'll'liIF.OF ARtall'1'F.('l'S. 1755 NEV.' yoRK AVE.NUF., N"?%'.. V'ASIIINGTON, U.C. 2(XXX, A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Cont tact Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Fork as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necctsarily survive final payment; and (2) a final Certlfocate for Payment has been issued by the Architect; such final payment shall Ix made by the Owner not more than 30 days after the Issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Wherc reference is made in this Agreement to a provision of the General Conditions or another Contract DoxttocnI, the ref- erence refers to that provision as amended or Supplemented by other provisions of the Contract Documents. 7.2 Payments clue and unpaid under the Contract shall hear interest from the date payment is ducat the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert role of intrrml r(Qreed ispwt. if an v.) ((Cairo-/,1trtt and rer(uir'(•rrrt•rrls rerrdor 1la• I'etlerell Trulh he Lending acl. similar 51,11• and hxwl consl,1ner t-redit lairs turd rrttu•r rlk?t Irr•rtrr; trot/ (iurlruch(r ;c prierc•/prrl plat<•5 of hu'virress. 11e IO, "M1r nf1Ge Pr( jecl and rlceu•here nerre aJJi•t'l Ilk. rrr/irlilI. ,, tUis mn•!si(xr. L rtytrA,1I ulu rr(!r•/ce liurtc .rlnl I Ill, he rrrl/ trill, respc l to del(•rinn.c ur enurlifie?rliun5, elud (rLv+ re•ArerrlDrg re:pr/re•mernlc.ax.i( roc ir•rilten diaclusrrrts ( or n•rrirera.) t er s 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may he terminated by the Owner or the Contr ctor as provided in Articic 14 of the General Con(lilions. 8.2 The Work may he stispencletl by the Owner as provided in Artic!c 1.1 of the Gcncral Conditions. AIA DOCUMENT A101 • OWNER (:ON'I'RACTOR A(;RF.FI%IFNT • 1'WELFI'Ir r•.1)111(>N • AU I TlIF A\If.RICAN INtir11.11E OF ARCI11.1 K(1-S. 1'15 NF.W YtIRK A\'ENt1E, N W. V'ASIIIN(;-IO D.C?tir<H)6 A10i-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modific2doms issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 19,97 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, ALA Document A201, 1987 Edition. 9.1.3 The SuppLcmentary and other Conditions of the Contract are those contained in the Project Manual dated October 20, 1996 , and are as follows: Document Tide Pages See Attachment 9.1.4 The Specifications arc thou contained in the Pmject Manual dated as in Suhparngnph 9.1-3, and are as follows: (filly list a-e six•rificzuirurs i,rr<• rrr refer /n nrl r.t'LriAif rlllac-be•rl lu l/tis A,?reorurrrl.) Section Title Pages See Attachment AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMF.N'r • TWELFT11 EDITION • AIA• • @1987 THE AMERICAN INSTITUTE OF ARCHITF.(:'I:S, 1735 NEW YORK AVENUE, N.W., W'ASHINGT'ON, D.C. 2(NM)6 A10i-1987 6 9.1.5 The Drawings are as follows, and arc dated October 20 1996 (Fatter list the Druttrings lorry aar rrjrr !u an rrblblt auricled to , unless a d Ibis ?lgrmepit.) . ifferent date is shown below: Number Tldc 1-7 (J. Michael Brill & Assoc., Inc .) Site Drawings Date A-1-0 (AJS) Foundation Plan April 20, 1996 A-1-1 9-20-96 A-1-2 Floor Plans 1-4 9-20-96 A-2-1 Roof and Ref. Ceiling 9-20-96 A-2-2 Elevations 9-20-96 A-3-1 Interior Details 9-20-96 A-3-2 Cross Sections 9-20-96 A-3-3 Cabinetry Details 9-20-96 A-4-1 Details 9-20-96 A-4-2 Door Schedule 9-20-96 A-5-1 Room Finish/Beam Schedule 9-20-96 A-5-2 Room Layouts 9-20-96 A-6-1 Entry Plans 9-20-96 FP-1 & FP-2 Stair & Elevator Sections 9-20-96 P-1 thru P-5 Fire Protection 9-20-96 M-1 thru M-3 Plumbing 10-03-96 PE-1 Mechanical 10-03-96 E-1 thru E-6 Meter pit/Site Lighting 10-03-96 Electrical 10-03-96 9.1.6 The Addenda, if any, arc as folhin•s: Number Datc Pages Portions of Addenda relating to bidding requirements are not part of the Contract Dx-uments unless the bidding requirements arc also enumented in this Article 9. ALA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT - TWELFTH FL)niON - AIA• - ©1987 THE AMERICAN 1115TTTUTE OF ARC HITEC I S, 1735 NEW YORK AVENUE. N.W, WASHINGTON, D.C. 2aUC)6 A101-1987 7 9.1.7 Other documents, if any, forming fart of the Contract Documents are u follows: (Ust berr any addri6wmf documents n*itb a" hetended kt/arnt part of the 034`11014a faU[arttenti 7be Gerteraf C4"ditioret pnx ide tbat bidding "cpiirrntcerts sen L as adrvH"emern ter hnitatkm to bid, hatrratiwa to Bidden, sampie%rnct and the Corttraclar' bid ore rent part tl(tbe Cantrad L)ncrartetds unless enumerated in this Agrreneeret. Thy siKndd he fisted brrr tnrfp j heterde i to be parr o/ the Cinrtract Uncu otmts.) Contractor Proposal Dated: This Agreement is entered into as of the day and year first written above and is executed in at least three original topics of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (NCI Construction Manager on CONTRACTOR be er mA", U"', (PriuiCYf tudue and w 1e) J?R>r?/ Q. Dt? X? na?v?2tl?no,J 1/11a???c..- (Pritrled dame and fill) AIA wwmtni AIUI • OWNER-CONTRACTOR AGREEMENT • TWEIFTH EDITION • AIA° • 01987 l'I II. AMERICAN INSTITUTE OF ARC;HITF.CTS. 1735 NEW YORK AVENUF.. N.W., WASt11NG1*ON. D.C. 2(XX)O A 101-1987 8 DIVISION 5 - METALS 05500 METAL FABRICATIONS DIVISION 6 - WOOD AND PLASTICS 06100 ROUGH CARPENTRY 06200 FINISH CARPENTRY DIVISION 7 - THERMAL AND MOISTURE PROTECTION .07210 BUILDING INSULATION 07411 MANUFACTURED ROOF PANELS 07530 SINGLE-PLY MEMBRANE ROOFING 07600 FLASHING AND SHEET METAL 07720 ROOF ACCESSORIES 07901 JOINT SEALANTS DIVISION 8 - DOORS AND WINDOWS 08111 STANDARD STEEL DOORS AND FRAMES 08211 FLUSH WOOD DOORS 08410 ALUMINUM STOREFRONT SYSTEMS 08520 ALUMINUM WINDOWS 08710 DOOR HARDWARE DIVISION 9 - FINISHES 09255 GYPSUM BOARD ASSEMBLIES 09300 TILE 09511 ACOUSTICAL PANEL CEILINGS 09650 RESILIENT FLOORING 09900 PAINTING DIVISION 10 - SPECIALTIES 10522 FIRE EXTINGUISHERS, CABINETS, AND ACCESSORIES 10800 TOILET AND BATH ACCESSORIES DIVISION 11 - EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION. NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED . DIVISION 15 - 16 REFER TO VOLUME 3 END of TABLE OF CONTENTS DAYS INN - MECHANICSBURG AJS 96-06 TABLE OF CONTENTS 2 Days Inn i I I Located at Woodland Street Mechanicsburg, Pennsylvania AJS 96-06 October 03, 1996 COVER SHEET TABLE of CONTENTS VOLUME I DIVISION 0 - CONTRACT AND PROPOSAL INFORMATION 00030 INSTRUCTIONS TO PROPOSERS Contract forms and Conditions Form or Agreement General Conditions Supplementary General Conditions Special Conditions No Lien Agreement DIVISION I.- GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01027 APPLICATIONS FOR-PAYMENT 01035 MODIFICATION PROCEDURES 01040 PROJECT COORDINATION 01045 CUTTING AND PATCHING 01200 PROJECT MEETINGS 01300 -SUBMITTALS 01500 TEMPORARY FACILITIES 01631 PRODUCT SUBSTITUTIONS 01700 PROJECT CLOSEOUT 01740 WARRANTIES AND BONDS VOLUME II DIVISION 2 - SITEWORK- The Civil engineering documents have been prepared under separate contract by J. Micheal Brill, Engineers, of Mechanicsburg, PA. Specifications for such work are issued under separate cover. DIVISION 3.- CONCRETE 03300 CAST-IN-PLAC-E CONCRETE 03410 PRECAST HOLLOW CORE PLANK DIVISION 4 - MASONRY 04200 UNIT MASONRY DAYS INN - MECHANICSBURG AJS 96-06 TABLE OF CONTENTS 1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the n ext Argument Court.) - - - - - - -- - - -- - ---- - ---- - --- - --------------- - ---- - ---------- - ---------- - - - ------- - ---- - -- CAPTION OF CASE 32, __1 (entire caption must be stated in full) NEEMA ENTERPRISES, INC., <i t d/b/a Comfort Inn Capital City vs. MEADOW VALLEY ELECTRIC, INC. No. 7533 2007 .Term''' 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summarv Judement 2. Identify all counsel who will argue cases: (a) for plaintiffs: Joseph Ricci, Esquire, Law Offices of Stephen C. Nudel, P.C., 219 Pine Street, Harrisburg (Name and Address) PA 17101 (b) for defendants: C. Kent Price, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, Harrisburg (Name and Address) PA 17101 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Yes 4. Argument Court Date: March 25, 2011 Signature C. Kent Price Print your name Defendant Date: March 7, 2011 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. C THOMAS, THOMAS & HAFER, C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice(a)ttblaw.com NEEMA ENTERPRISES, d/b/a Comfort Inn Capital w IC -U - ,-°JWCTA' ii Eta. I n i q! "3t 1 "i -9 PAR 2: 03 Cijmt3E?LAND COUN ' p ?q?NSY ?VAtdl A Attorney for Defendant Meadow Valley Electric, Inc. C. IN THE COURT OF COMMON PLEAS Y, : CUMBERLAND COUNTY NO. 7533 2007 V. MEADOW VALLEY CIVIL ACTION - LAW INC., : : JURY TRIAL DEMANDED nn ? Trrnr, TO THE PROTHONOTAR Please withdraw the Motion for Summary Defendant will relist the filed on March 7, 2011 by the Defendant to list its during the March 25, 2011 term of Argument Court. for argument at a later date. THOMAS, THOMAS & HAFER, LLP C11s?+? C. Kent Price, Esquire P. O. Box 999 305 North front Street Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com ATTORNEYS FOR DEFENDANT MEADOW VALLEY ELECTRIC, INC. 917632.1 AND NOW, this 8th day of March, 2011, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served he within Praecipe by depositing a copy of the same in the United States Mail, postage repaid, at Harrisburg, Pennsylvania, addressed to: Joseph Ricci, Esquire Law Offices Stephen C. Nu 219 Pine Street Harrisburg, PA 17101 PC THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire t CAIN PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) NEEMA ENTERPRISES, INC., d/b/a Comfort Inn Capital City vs. MEADOW VALLEY ELECTRIC, INC. (List the within matter for t@ ne -OZ . = --I --------------------------zn c° -: E S < C xs : ;= 5z4= :2r =1 n? -4 No. 7533 2007 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summarv Judgment filed on March 7, 2011 2. Identify all counsel who will argue cases: (a) for plaintiffs: Joseph Ricci, Esquire, Law Offices of Stephen C. Nudel, P.C., 219 Pine Street, Harrisburg (Name and Address) PA 17101 (b) for defendants: C. Kent Price, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, Harrisburg (Name and Address) PA 17101 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Yes 4. Argument Court Date: May 27, 2011 OZY+1-1-vllVC?. Signature C. Kent Price Print your name Defendant May 3, 2011 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. FILED-OFFICE OF THE PROTHONOTAR ;' LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nude], Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 2011 MAY 26 PM 4. 19 CUMBERLAND COUNTY PENNSYLVANIA NEEMA ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7533 MEADOW VALLEY ELECTRIC, INC., : Defendant : CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF ACTION To The Prothonotary: Kindly mark the above captioned matter as withdrawn without prejudice. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date: 5-12- / te S ph . N 1, Esquire At me ID # 03 Joseph A. Ricci, Esquire Attorney ID # 49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: C. Kent Price, Esquire Thomas, Thomas and Hafer P.O. Box 999 Harrisburg, PA 17108-0999 Date: seph A. 'cci, uire