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HomeMy WebLinkAbout08-3849 r RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire Attorney Identification No. 88267 P.O. Box 568 Paoli, PA 19301 (610) 647-5800 Attorneys for Claimant B.P. PATERSON, INC. 537 Kingwood Road IN THE COURT OF COMMON PLEAS King of Prussia, PA 19406 OF CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. MECHANICS' LIEN SHIPPENSBURG APEX, L.P. 401 East Elm Street Conshohocken, PA 19428 No. 3 Defendants MECHANICS' LIEN CLAIM AND NOW, comes Claimant, B.P. Paterson, Inc., by and through its attorneys, Riley Riper Hollin & Colagreco, and files this Mechanics' Lien Claim and in support thereof avers as follows: 1. Claimant is B.P. Paterson Inc., a Pennsylvania Corporation with an office located at 537 Kingwood Road, King of Prussia, Pennsylvania 19406. 2. The owner of the property subject to lien is Shippensburg Apex, L.P., a Pennsylvania Limited Partnership with an office located at 401 East Elm Street, Conshohocken, Pennsylvania 19428. 3. The improvement and property subject to the lien is identified as the "Apex Village, Shippensburg, PA" (hereinafter the "Apex Village Project"). The Apex Village Project consists of the property known as Rocktowne Student Townhome Community, Asper Drive, 61982.1 T Shippensburg, Pennsylvania 17257, which consists of 9.39 acres of property located on Baltimore Road in Shippensburg Township, Cumberland County, Pennsylvania. The tax parcel identifier is 36-35-2385-131. A full legal description of the property underlying the Apex Village Project is set forth in Deed Book and Page 200736421, which is filed with the Cumberland County Recorder of Deeds and hereby incorporated by reference. 4. Claimant, B.P. Paterson, Inc. is filing this mechanics' lien claim as a subcontractor. 5. Section 1201(5) of the Mechanics' Lien Law defines subcontractor as "one, who by contract with the contractor ... erects, constructs, alters, or repairs an improvement or any part thereof; or furnishes labor, skill or superintendence thereto; or supplies or hauls materials, fixtures, machinery or equipment reasonably necessary for and actually used therein, or any of all of the foregoing, whether as a superintendent, builder or materialman." 49 P.S. § 1201(5). 6. On September 20, 2007, claimant entered into a Subcontract Agreement with the Contractor, Shaffer Builders, Inc., to complete site work for the Apex Village Project. A true and correct copy of the Subcontract Agreement is attached hereto as Exhibit A. 7. Contractor, Shaffer Builders, Inc. is a Pennsylvania Corporation with an address of 401 East Elm Street, Conshohocken, PA 19428, and entered into a contract with Owner, Shippensburg Apex, L.P. on September 7, 2007. 8. The last date that Claimant, B.P. Paterson, Inc. did work on Apex Village was April 28, 2008. 9. Claimant provided formal notice of its intention to file a Mechanics' Lien Claim to the Owner on May 23, 2008. A true and correct copy of the formal notice with proof of receipt is attached hereto as Exhibit B. 2 61982.1 s 10. Pursuant to the terms of the Subcontract Agreement and various change orders, Claimant performed sitework on the Apex Village Project, including providing labor, materials and equipment necessary for the improvement of the Apex Village Project. The scope of the sitework performed by Claimant is set forth in full in the Addendums to the Subcontract Agreement, which are attached as Exhibit A and incorporated herein, and in the change orders, which are attached hereto as Exhibit C and incorporated herein. 11. The sitework completed by Claimant was for a contract price of $1,109,378.10 based on unit quantities set forth in the Addendum to the Subcontract Agreement which is attached hereto as Exhibit A, and corresponding change orders attached hereto as Exhibit C. The amount of the sitework with the change orders is $1,142,855.10, as set forth in the April 25, 2008 Application for Payment, a true and correct copy of which is attached hereto as Exhibit D. 12. The outstanding amount due to Claimant to date is $188,057.37. WHEREFORE, claimant, B.P. Paterson, Inc. claims a lien in the amount of $188,057.37 plus interest upon the Property owned by Defendant, Shippensburg Apex, L.P. located at Rocktowne Student Townhome Community, Asper Drive, Shippensburg, Pennsylvania 17257. RILEY RIPER HOLLIN & COLAGRECO Date: B 'Or i J2, Jean, a N. Simone, squire Attorney for Claimant B.P. Paterson, Inc. 3 \1 6 h L . YLBMCAII. 1, Patrick R. Paterscm am an aithorize d repxesenutive of $.P_ Paterson, Inc., Claimant in this action, and am authorized to sign on behalf of S.'. Patersow !no., am familiar with this matter and understand that the statements made in the Mecbanies' Lien Claim are true and correct. I to dmmand that the %tatem=ts herein are made Subject to the pernalties of 18 Pa. C.S. §4904, relating to unswoux &bificatiop to autlloriiies. Date. IM .---..- Patrick R. Paterson, B.P. Paterson, hic. 537 Kingwood Road King of PnLssia, PA. 19406 TO 3DVd NOSJSC /QM C, xkjb-14, 14 1P ,A,, h SUBCONTRACT NO. 518-0 vENbOR NO. September 20, 2007 SUBCONTRACT AGREEMENT Between SHAFFER BUILDERS, INC. (hereinafter "Contractor") and BP PATERSON (hereinafter "Subcontractor") Project: Apex. Village, Shippensburg, PA Owner: Shippensburg Apex, LP Architect: Lance R. Kraemer Associates, PC Subcontract Work: SITEWORK THIS AGREEMLNT male this 20th day of September 2007, between SHAF14 R BUILDERS, INC, with a business address &L401 Last Elm Strect, Conshohocken, PA 19428 (hereinafter "Contractor") and BP PA'TERSON, LLC with a business address at $37 Kingswood Road, King of Prussia, PA 19406, (hereinafter "Subcontrac(or"). Contractor and Subcontractor agree as follows: C.ONTRAC'rt C IJMFNT 1.1 'this Subcontract is for the following labor, materials, equipment and/or services to be performed in accordance with the following Contract Documents: a. rhis subcontract Agreement including hul not limited to Exhibit "A", Scope of Work" and all other terms and eonditinns, exhibits and schedules attached hereto; b. Drawings and Specifications as set forth in the list of Drawings and Specifications attached as l?xhibii c. Agreement between Owner. Shippensburg Apex, I.P and the Contractor. Shat cr Builders Inc., dated as of September 7, 2007. All of the foregoing form a pan of this Subcontract Agrt cment, as if set forth m length and are fully incorporated herein and are referred to herein as C':uniract Documents. Subcontractor acknowledges that it has carefully examined such Contract Documents and understands them fully by its signature, which appears below. 1.2 This Subeontract shall, when accepted by Subcontractor and signed by Contractor become the exclusive contract between the parties. and all prior representatives or agreements. whcthcr wTittim or oral, not incorporated herein are superseded. If Subcontractor has commenced performance of its work hereunder prior to the execution of this Agreement, it is specifically understood that all work shall be included in the work hereunder; and that such work and payments, as well as the future work to be performer) hereunder shall be in conformance with and subject to the terms and conditions hereunder. 1.3 Work performed by Subcontractor shall be in Strict accordance with the Contract Documents applicable to the work to be performed and labor. materials, equipment, and/or services to be furnished hereunder. `fhc Subcontractor Shall be bound to the Contractor by the terms of the Subcontract end of Uoc Contract Documents between the Owner and the Contractor and shall assume toward the Contractor all of the obligations and respnnsibilities with respect to work to be pcrl'nrned by Subeoutractor which the Contractor, by those CunUa:t Documents, assumes toward the Owner, and further. all rights and remedies which accrue to Contractor by way of the Contract Documents, shall accrue io Subcontraclor. All rights, which Owner may exercise sod cnforoc against Contractor may be exercised and enforced by Owner against Subcontractor. In the event of tiny dispute between the Owner and Contractor, Subcontractor shall be bound by all decisions. directives, interpretations and rulings of the Owner or the Architect, at Owner's option, including Owncr's termination or suspension of Contractor. Subcontractor agrees to bind all lower tier subcontraclors to the performance obligations and responsibilities, which Subcontractor assumes towards Contractor by way of these Contract Documente. Where specific work set forth in the Contract Documents is not described in this Subcontract. Subcontract shall perform all wool normally construed to come within the scope of its activities, as required of the Contractor under the Principal Contract. All work shall be performed to the complete satisfactitnt of the Contractor, the Architect and Owner. 2. SCC P);?E ?/n12K A)IPQQXjRACT PRICE 2.1 Subcontract shall complete ,itework at Apex Village project it% Shippcnsburg, PA as required by the Contract Documents and as may be further defined in the Scope of Work (Exbibit -A"), attached hereto and made a part hereof 4po k,, v o m a z.2 TOTAL FIRM PRICE FOR ALL WORK UNDER THIS SUBCONTRACT IS: One Million One Hundred Nine Thousand Three Hundred Seventy-Eight Dollars and Ten Cents ($1,109,3379.10) f??5 ;P -- 'L '4-a va?-•t- EX' "` 8 10 4"/T? lid s: 3. TERMS QF.J!-AYM 3.1 Temx of payment unless Otherwise; slated on the Subcontract shall be in accordance with the submission of AIA documents and to be determined by bank inspection of property. The foregoing cntiticrncnt to payment is subject to Subcontractor's compliance with the C:ommat. Documents or this Subcontract, Contractor has the right to withhold payment as more particularly set Forth in the Principal Agreements between Owner and C=ontractor and this Subcontract Agreement and under all applicable Federal, State and local laws, rules and regulations. Rat ' Billing is to be received on or before the 25a of flee month, and pay twill be made by the 1 S'" of the following month, 4s?, ???re l 0or ,w t/ 3.2 Subcontractor, as one of the conditions precedent to any progress payment hereunder, shall furnish all nomsary releases, lien waivers, affidavits attd other documents required by the Contract DOCUtnents to keep the premises free from liens, or claims for liens of all matcriatmcn, subeomraclurs or laborers, as well as complete waivers and releases of any and all claims 0 f Subcontractor and any parry a otlttcctcd with or related lu the performance W of this Slibeontraet. Acceptance of f inal payment by Subcontractor shall be a full and complete discharge and release of Contractor. No payments hereunder, including final payment, shall be construed to be an aueeplanec by Owner or Contractor o1'dcfective work of improper materials, or any other failure of Subcontractor's work performed in accordance with this Subcontract. 3.3 Subcontractor hereby agrees to make prompt payment to all panics furnishing labor. materials or equipment to Subcontractor in the prosecution of the work hereunder, and that Such prompt payment is of the essence of this Subcontract. In the event Subcontractor oe its subcontractors or niaterialmen, or any party acting through or under it or them, tails to pay any sum of money due to parry furnishing labnr. materials or equipment hereunder, Contractor is hereby to rcrain out of any payment due ur to become due hereunder said uripaid suns and its sole discretion, to pay same directly to die party to whom such sum L due. If any limo there shall be evidence of any lien or clafms for which, if established, Owner or Contractor, Or its sureties, might become liable. Lund which is chargeable to Subcontractor, Contractor Shall have the right to retain out of any payment due or to become due hereunder an amount sufficient to completely indemnify Owner or Contractor and its sureties. against such lien or claim. The provisions of this paragraph shall not require Contractor to determine or adjust any claims or disputes between those parties famishing labor, materials or equipment hereunder, or in withhold any money for their protection; nor shall Contractor be liable to any party for its failure to do to. INDFIyINiFICATION 4.1 Subcontraeor agrees to indcmnfify, defend and hold harmless the Uwncr and Contractor and their agents and employees as set forth in the Contract Documents to the same extent as Contractor is obligated to do so under the Contract I )ocuments, limited, however, to the scope of work of this Subcontract. In addition thereto, the Subcontractor agtties to indemnity, defend and hold harmless the Contractor from and against all claims. damages, losses and expenses including, but not limited to, anomeys' fees arising out of or resulting from we performance of the work under this Submitract, provided that any claim, damage, loss or expense (I ) is attributable: to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the Imss of use resulting therefrom. and (2) is caused in whole or in part by any negligent act or ()mission of the Subcontractor, anyone employed by Subcontractor or anyone for whose acts the Subcontractor may be liable, regardless ot'whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 4.2 With respect to any claim resulting from injury or loss to an employee of Subconuractor or of any lower liar subeonttracior, Subcontractor agrees to indemnify and hold harmless C;ontraotor from the entire amount of such claim, including liability for injury or loss caused by the negligent acts or omission of Contractor which result in harm to such employee (unless Contractor was solely negligent) and Subcontractor hereby expressly waives any provision of the Pennsylvania Workmen's Compensation Act, or arty other applicable workmen's compensation act which otherwise provide to Subcontractor immunity from such indemnity, 5. I N?.(Lf3AN Subcontractor is advised that the Subcontractor shall procure and niainlaili, at its own expcmc, the insurance coverages in accordance with the Insurance Schedule listed below hereto and made a part hereuf: General Liability. Fach occurrence- $1,000,000, Fire Damage- 51,000,000, Medical Expenses (any one person)- $5.000. I'm. onal & ADV injury- $1,000,000, General Aggregate- $2,000,000, Products COMP/Op AGG- 52,000,000,Emp.Den- $1,000,000. AutomotlveLiability: CombinCdSingle Liniit-$1,000.000. Cxccss /Umbrella Liability: Each occurrence- $5,000,000. Aggregate- $5,000.000. Workers Compensation and Employers' Liability. E.l.. Each accident- $500,000, C.L.Diseasc Fa Employcc- $500.tt00, E.1.. Disease Policy limit- $500,000. 6, Sl1l3C.f N RACE apEUORMANCE 6.1 Subcontractor shall start work at the site within three (3) working days after notice from Contractor and shall supply sufficient labor, materials. equipment andror services to maintain progress of the work of the Subcontractor to the satisfaction of Contractor and perform the same at such times and places as designated by Contractor. In the event the Subcontractor delays the progress of the work of Subcontractor or the fumishing of labor, materials, equipment, and/or services or fails in the performance of any of the provisions of this Subcontract, or employs men or uses materials or equipment which may cause strikes or otter labor troubir,, by workmen or other personnel employed by the Owner. Contractor or other contractors or suppliers at the project site, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency or inability to meet its obligations. Contractor shall have the right to cancct this Subcontract upon three (3) working days' written notice issued to Subcontractor. In the event Subcontractor faits to appear at the site within the time period prescribed by Contractor or fails to employ sufficient labor. materials, equipment and/or services, to the satisfaction of Contractor, Subcontractor shall be deemed to he in default and its Subcontract terminated without further notice from Contractor. In case of such rermination, Contractor may take possession of all the materials, tools and equipment of Subcontractor on said premises in order to finish die work by whatever method Contractor may deem expedient, Subcontractor shall assign all applicable subcontracts and purchase orders to complete Subcontr'actor's work. and Subcontractor shall not be entitled in receive any further payment under this Subcontract until the performance of the Subcontract has been completed by Contractor or others engaged by (contractor, at which time if the unpaid balance due Subcontractor exceeds the cost of completion, said amount shall be paid to Subcontract in full payment of any and all claims of Subcontractor under this Subcontract; provided, however, that in the event the costs and expenses excaed such unpaid balance, the Subcontractor (a) agrees that it is not entitled to any further paynncnts hereunder, or for any other claims it may have under this Subcontract, but on the contrary. (h) agreca to assume entire responsibility and liability for and to indertinify and save harmless the Contractor from such extras costs and expenses, which shall includc any and all costs and damages incurred through the default of Subcontractor, as well as consequential damages for delay or otherwise. Notwidnstauding any such termination of Subcontractor hereunder, Subcontractor shall remain responsible for the work which it performed prior to the date Of termination. (,.? Contractor shall have the ri;ht to terminate this subcontract, by written notice, without Subcontractor being at liiult, fbr any cause whatsoever or for (contractor's or the Owner's convenience a,id require under such circumstance;; that Subcontractor immediately stop work. Subcnntrauor shall place no further orders or subcontracts 1'or materials and promptly obtain cancellation upon terms satisfactory to Contractor of all purchase orders, subcontracts existing for the performance of the terminated work or assign those agreements its Contractor as directed. Upon any such termination, Subcontractor ahall waive any claims for damages, including loss of anticipated profit but Contractor shall pay to Subcontractor all amounts due and not previously paid to Subcontractor for work completed in accordance with the terms of the Subcontract prior to such notice of termination as well as for any reasonable cancellation charges incurred arising out of the termination of the work under Subcontracts or Purchase Orders. Any default termination, Subsequently determined to have been erroneous, shall be treated as a termination for convenience. SCHEDULE Subcontraoor acknowledges that the entire project must be complete and ready for use to the Qwner's satisfaction in accordance with the schedule developed by Contractor. subject to agreed upon extensions of tine. Suhcontractor agrees to complete its work in accordance with the schedule developed by the Contractor and that he/she will bear responsibility for any delays (including any penalties or damages assessed) arising from its work. WAIVER OF LIEU? The Subconu'acior, fbi itself and anyone else acting or claiming through nr under A. for and in consideration or the Subcontract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all righLk to file a mechanics' lien, claim or other lien or claim of any kind whatsoever or maintained against the improvements or the estate or title of Owner in the property or the cartilage or curtilages appurtenant thereto. by or in the name nlTontraclor or any subcontractor, materialmen or laborers Ior work done or materials furnished under the Subcontract or by any other party acting through or under them or any of them for mod about the improveinenCS or the property or any part thereof. or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Subcontractor personally liable for all subcontracts, materials f imished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under that Subcontract for and about the erection, construction and completion of the improvements, or under any contract for extra work, or for work supplemental therma, or otherwise. Subcontractor acknowledges that Contractor has filled and recorded a Waiver of Liens with the Prothonotary's office, Cumberland County. for the performance of its work on this Project. Subcontractor shall execute and return, simultaneous with its Subcontract Agreement, the Waiver of Liens included with its Subcontract Agreement. 9. CJ.EAN•UP Subcontractor shall clean up and remove from the promises all debris caused by execution of the work of this Subcontract hereunder and will pay for any breakage or damage caused by Subcontractor. I)pon failure to remove such debris or to pay for such breakage or other damage, Contractor may remove said debris and replace property so damaged, and charge the cost thereof to Subcontractor. 10. 11O1STINGlE1,6VATOR ,h VICE Should Contractor or any or its other Subcontractors provide any special hoists or elevator service for raising of this Subcontractor's workmen or other personnel or materials. than it shall be at the sole risk and responsibility of Subcontractor and/or its employees, which is hereby assumed by SabC0ntraet0r. i 1. PRO';ECTInN (')F PROpPRTy Subcontractor is fully responsible for loss and damage to its property on the site, including toots and equipment, and shall take necessary precautions to prevent vandalism, then, burglary, pilferage and unexplained disappearance of property. Irrespective of whether Owner is obligated to provide security on site, the Owner shall provide the property insurance for work perforated under Utc SubcontfACl: however. Subcontractor is advised that to the extent any loss is not (x)vt,red by said insurance, or subject to any deductible or co•insuratoe, Subcontractor shall not bo reimbursed k)r..^,ame. 12. SAFE TY the SubcontraWir shall be responsible to the Contractor for comphimee with all Iederal, static and local laws, ordinances, rules and regulations during Subcontractor's performance on and in connection with (his Projcul. Subctnttracmr shall indemnity the Contractor fur any and all expenses incurred by the ('ontractor for (rocs, pettaltit:s and corrective measures resulting frotn acts of commission or omission by Subcontractor, its agents and employees I,or Ikilure to comply with such safoty laws. ordinances, rules and regulations. Consistent with this each Subcontractor shall furnish Contractor with a copy of its Loss Prcwcntinn Program, its 148•rard Communication program pursuant to 29 C.F.R. 1310 ct sc ., any,Materiat Safety Data Shccts as may be required by applicable state law, along with all other rclovant reports rcquircd by the foregoing laws, ordinances, rules and regulations. In addition, each Subcontractor shall comply with applicable requirements of labor law and regulations OHM Commonwealth of Pennsylvania, Applicable to safoty and the authorities having,jurisdiction over same. Subcontractor recognizes that under the Pennsylvania Worker and C:onimunity (tights to Know Act, certain information must be blade available to both community residents and employees regarding hazardous substances which Subcontractor may bring on the job site. This includes preparation and submission to Contractor of s hazardous substance survey form providing a listing of hazardous substances which Subcontractor tray, use or bring on the job site, tt.S well as Material Safety Dam Sheets (MSDS) providing detailed ii6mination on chemical substances used or brought on to the job site. All containers brought on die job site ommaining hazardous substances, hazardous mixtures, single chemicals acid tingle mixtures must he properly labeled. The Contractor's solicitation of MSDS from each of its subcontractors is exelusrvely ('or Contractor's u.?c and will not relieve any Subcontractor IFom maintaining its own File of MSDS or otherwise, complying with the Pennsylvania Worker and Community (tight to Know Act. Each Subcontractor shall be re.qponSible for any violations of the foregoing laws, ordinances, rules, regulations, including payoncnt of costs involved with correction of violations, hearing, or appeal procedures and claims and/or lines associated with said violations. Upon diccnvcring or hems advised that any portion of the Work is n• may he in violation or conflict with any laws, ordinances, rules or regulations, or ig rejected by any governmental action. Subcontractor shall immediately correct and replace such violative, conflicting or rejected Work. In the event that any c-xpenses are incurred by Owner and/or Contractor or claims made against Owner and/or Contractor in connection with at sudit. proposed or actual violation, or a legal Or administrative proceeding arisuhg from any conditions. practices. acts or omissions of Subcontractor for violation of any ot'du: torcgoing laws, ordinances, rules, regulations, then Subcontractor shall hold Owner and/or Contractor harmless from and indemnify Owner and Contractor from Subcontractor's own funds against all costs and expense, including Owner',. and Contractor's atlOrncys' re es, litigation costs and expense, damages: and penalties which Owner and Contractor may incur by reason of Subcontractor's failure to comply wilt the aforesaid standards as set fohlh hereinahove. Such costs shall be paid from Subcontractor's own funds and such amounts shall not constitute: part of the Subcontract Price. Should such amounts exceed the amount of the costs due or to become due to Subcontractor then held by COntraCtOf, theft in that event Subcontractor shall pay to Contractor such difference immediately upon written demand from C;nntracunr. I RG.Y.ljlUhLCi-KAC-i [.REQUIUl[13[-1- -W S Whcfo required under the Principal Contract, SUbomtractor shall comply with the euhrent prevailing wage rates of the vicinity for the work as established by the United States Department of Labor. A copy of the wage Decision ;:hall be Furnished to each Subcontractor, At; evidence of Subcontractor's compliance with sank. Subcontractor shall submit, on d weekly basis, eartifhed payroll forms (Federal Form Wli-347 will be acceptable). 14. ).AXE -S Suhcontractor, for the price provided in this Subcontract, hereby accepts and as4umeS full and exclusive liability for, and shall indemnity and save Contractor harmless against the payments of any and 311 taxes and contributions or premiums For unemployment insurance, workmen's compcns3tion, retirement, health and welfare or disability, and any similar benefits, which may now or hcrcafter be imposed by law or by collective bargaining agreement measured upon the payroll, income, wages, salaries or other remuneration of employees, by whomsoever employed, ongaged in the performance of the work included in this Subcontract and all sales, use or other taxes levied or assessed against Owner, Contractor or Subcontractor, arising out of the SubconlracLOr'S work, including, but not limited to. taxes on any kind of materials, articles or equipment. Contractor may. in its sole discretion, as a condition precedent to payment hereunder, request production by Subcontractor of evidence satisfactory to Contractor that all obligations contained ill the within paragraph have been paid in full as a condition to making any payment whether final or otherwise hereunder. 15. WAPR&M Subcontractor hereby guarantees all labor, mntorinis, equipment, services and work furnished hereunder against all defects which may develop within one (1) year from date offenal completion or within the guarantee period set forth in the Contract Documents, whichever is longer. Pursuant to such guarantee. Subcontractor agrees to remove, repair and/or replace, as Contractor may require, without charge to Contractor, any and all defective, workmanship, materials, equipment and work; to pay any and all costs, expenses and damages, including labor charges. in connection therewith, as well as for removal, repair and replacement of any other work which may he damaiged as a result thereof; to remedy any detect.;, latent or patent, except those due ?o ordinary wear and tear Or improper use and maintenance by any cmity other than Subcontractor: and to pay for all damage to the property of the Owner. the Contractor or any other parry resulting therefrom. Such corrective work shall be accomplished within Seven (7) days or, if such correction cannot reasonably be completed with such seven (7) day period, such other periods as reasonably established by Contractor after receipt of notice from Contractor to do so. All guarantees and warranties herein provided shall extend to the Clwncr, or other awarding authority, and to Contractor. The foregoing shall be in addition to, and not in lieu of, any and all warranties and remedies provided by law or required under the Contract Documents. 16. AS,SLrNMF.I`T The Subcontractor agrees (a) that it will not assign this Subcontract or any moneys due it, of to become due it hereunder, at sublet any portion of iht: work without first obligating written consent of (he Contractor, and (b) that Contractor shall have the right to set off against my moneys due Subcontractor under this $ubeotlraet any claim or claims against Subcontractor, whether arising under this Subcontract, or any other Suheoniract or Subcontracts between the panics hereto. 17. CHANG)'S No additions. deductions, or charges shall be madc in the work included in this: Subcontract, not, shall there be any charges for premium time, except upon prior written order of Contractor. Said order shall specify the amount of additional onmpcnsation or credit to be applied to the Amount of this Subcontract price. The Subcontract price shall be adjusted only upon issuance or a fully executed change order signed by C;onirawor and Subcontractor, Allowable change order mark-ups may be found in Article 7 of the Supplementary Special Conditions. Ill. 1,Af3C)FL ItELATiUN,,S Subcontractor will be held to be thoroughly familiar with all conditions siTe tirlg labor in the neighborhocnd of the Project. including but not limited to and any wage decisions applicable to the Work. The Subcontractor shall assume responsibility to the Contractor for all costs resulting from the failure to verify all conditions affecting labor. Each Subcontractor shall be responsible for the maintenance and observance nl'sound labor practices by itself end its subcontractors, and shall take all ;tcps reasonably necessary to avoid labor disputes and the potential delay and disruption arising therefrom. (n particular, the Suhcontractor shall assure that the trade Subcontractor shall cause all work to be penbrmed. IC arler the execution of this Subcontract, Contractor becomes aware that Subcontractor is not a party to .raid agreement, Subcontractor shall be liable to Contractor for damages resulting from delays incurred or due to canoclladun of the Subc=ontract Agreement. in the event of labor diffimullies (including, but not limited to, strikes, walkouts, picketing, boycotts. or inability to obtain at sufficient number of competent labors or mechanics), which interfere With work. or any part thereof, it s11811 be die responsibility of the Subcontractor to take all measures necessary and possible to insure the Project's progress and completion as prescribed by the Subcontractor's time schedule including, but not limited to, seeking injunction relief in an appropriate Court, filing an unfair labor p`aeticc charge(s) with die National Labor applicable legal Board. diablarging related employees who engage in an unprotected strike or work stoppag •, l any to the aforesaid labor difficulty. Subcontractor shall indemnify Owner and Contractor against any and all loss, claims or suits (including costs and attorctcys' fees) for or on account of any alleged unfair labor practice charge to which Owner or C=ontractor is madc respondent or other legal or equitable action related to the aforesaid labor difficulty in which owner and/or Contractor is a party and which occurs in connection with (Ire performance of this Contraot. 19. aYLKLI -ME In the event the C=ontractor rcques[s that Subcontractor work overtime to expedite final completion of the work at a time when a Subcnntractor is not in default of any of its obligations. Subcontractor agrees to work said overtime, snd the Contractor shall pay only the Subcontractor's extra labor cost over the amount for regular time, including additional insurance and taxes, No comm%ssion orfee, profil or mark-up ivill be paid io Svbconlroclor on occou» t of such overatne nor ivill the Svhconlraetar be paid or allowed any damages or extra costs re9ultingfront lost efficiency. 20. _EDIj&LEmP rj L12NT QPI'O?NIT?' No discrimination shall be madc against any employees, Or in the eniptoytnent or any applit:artt, beeause of age, race, sex. es to be bound by and to comply with all of the provisions of tlnc color. crocd or national origin, and Subcontractor agre Contract Documents pertaining thereto. Subcontractors further agrees to execute and return the federal Contract Compliance Non-Discrimination Clause Agreement, included herein, along with its Subcontract. 21. tKLAIMS In the cvcnl that the Principal Contract provides for the arbitration of any of all claims, disputes or other marters ill question between the Owner and Contractor thereunder, or with respect therein, then all claims, disputes and other matters in question arising out of, or relating to. this Subcontract, or breach thereof, shall, at the sole election of the Contractor, be decided by arbitration in the same mariner and under the same proecdurc as provided in the Principal Contract with respect to disputes between the Owner and Contractor. Subcontractor hcrchy agrees that Contractor shall have the right to include Subcontractor, by consolidation, joinder or in any other manner, in arbitration proceedings involving{ the Projcet. irrespective of whom originally initiated such proceedings. ')lie foregoing agreement to arbitrate shall be specifically cnforccable under the prevailing arbitration law. The award rendered by the arbitration shall be linal and judgment may be entered upon it in accordance with applicable law in any Court having jurisdiction thereof. Pending determination, there shall be no work stoppage. 22. MME LAW;QUS 22.1 In the event of the termination of the principal Contract, this Subcontract shall also be terminated, upgn written nnticc ol'ContrRmor to Subcontractor, and Contractor shall only be liable for labor, materials, articles and equipment rurnished, and/or malcrials and equipment ordered for the Pruject, to the date of receipt by Subcontractor of such written ttnlice of termination. but nilly to the extent Subcontractor is liable for salve. Upon such notice oftermination, Subcontractor shall waive arty Claim for damages, including loss of anticipated pro fit. 22.2 It is underctitod and agreed that Owner has the right to approve or disapprove the employment of this Subcontractor, and in the event that Owner dtwN not approve this Subcontractor, this Subcontract shall become null and void, and neither party shall have any obligation to the other hereunder. 22.3 Subcontractor assures the Contractor that in the performance of its Work hereunder and the employment of individuals ]or same. Subcontractors shall comply with the provisions of the Immigration Reform and Control Act of 1986 which makes it unlawful (i) to hire for employment a person that the employer knows to be art alien unauthofi?,ed to work in the United States, or (ti) for failure to comply with the employment verification and record keeping requirements of the Act. 22.4 The paragraph headings contained in this Agreement are For referenet: purposes only and shall not in any way affect the meaning Or interpretation of this Agreement. 22.5 Each party hereto represents and warrants to the other that the person executing this Agreement is duly authorized to so execute this Agrccmcnt on bchaltofdie party for which it is executing this Agrccmcnt. IN WITNESS WHEREOF. the parties have ertxutcd this Agreement as of the date lime written above. SUBCONTRACTOR Bly: Print Namc; J Date: CONTRACTOR FJRA1 U11.1)1E [R' 1 BY: 'title: _ Date: PROJECT: APEX VILLAGE - ADDENDUM A SCOP , OF WORK: 1. Construction survey, stakeout & as-builts by Owner 2. Installation & maintenance of erosion & sedimentation controls through substantial completion of BP Paterson's scope of work 3. Strip & stockpile topsoil up to a maximum depth of 12 inches 4. Excavation and filling of borrow pits on site with excess topsoil 5. Provide and haul off-site borrow to site 6. Modify grading in building areas to allow for foundation spoil 7. Basin grading per the above Basin Grading Plan 8. Topsoil replacement in basin only 9. Seeding and mulching for the purposes of stabilization for all disturbed areas within the limit of disturbance, permanent seeding in basin only 10. Sanitary sewer system construction per Cumberland Franklin Joint Municipal Authority specifications 11. 4" SDR 35 sanitary sewer laterals terminated between proposed sidewalks and proposed buildings 12. Storm sewer construction per PADOT standards including 2' of 2A stone bedding on both sides of pipe 1.3. Removal of existing temporary risers and replacement with permanent outlet structure in basin 14. Water system per Borough of Shippensburg Authority specifications. Water services to be determined later. 15. One 4' sewer lateral included for clubhouse 16. Construction of stone emergency access drive EXCLUSIONS: Any and all items not specifically mentioned in the above Scope of Work are excluded from this proposal. These items include, but are not limited to the following excluded items: 1. Engineering, tapping fees, bonds, permits, inspections and other fees (PennDot, Township, Engineering and Utility). 2. Liquidated damages. 3. Barricades and. pumping; or de-watering for others. 4. Testing and retesting of soil, soil compaction, blacktop and concrete- If awarded this project we would like to be copied on testing reports related to our scope of work. 5. Benchmarks, property lines, building corners or monuments. 6. Fine grading of building pads. 7. Topsoil replacement outside basin. 8. Topsoil & tripping or replacement for any borrow areas outside the limits of disturbance. 9. Winterization, snow and frost removal. 10. Erosion matting. 11 _ Removal and maintenance of erosion control measures after our scope of work is completed. We will no longer be responsible for erosion control once we have demobilized. 12. Repair of any soil erosion control measures damaged by other contractors and any related fines. 13. Underdrain. 14. Construction and/or maintenance of access roads for others. 15. Handling, removal, and/or replacement of unsuitable, contaminated, or toxic materials. 16. Gazebo, horseshoe pits, volleyball & basketball courts, gate at access drive, signs or line painting. 17. Work for utility pole removal and/or relocation (on-site and off-site). 18. Work for gas, electric, telephone, cable and site lighting. 19. Concrete pipe encasement. 20. Water backflow preventers. 21. Meter pits or piping/fittings in pits. 22. Remove, relocation, or protection of utilities or structures not shown, or incorrectly shown on contract drawings/documents. 23. Pedestrian paths, concrete flarwork or stone base for sidewalks, dumpster and miscellaneous pads. 24. Temporary seeding (other than as specified above), sodding, landscaping, and soil amendments. 25. Sinkhole repair. 26. Rock excavation (see unit prices). 27. No de-watering of trenches or, site. 28. No as-built drawings. pot i ?relOXI Roc?C o+? D6v? o?S Cxts??rtc? ? . Subcontract No. 518-01 Page 2 of 2 THIS INCLUDES: > Scope of Work per attached Addendum A Schedule Of Values EBBS Total $60,905.00 Excavation $216,413.10 Sanitary Sewer $248,440.00 Storm Sewer $164,103.00 Water $168,622.00 Basin $36,895,00 Blasted Rock Excavation $84,000.00 Stone $130,000.00 CONTRACT TOTAL $1,109,378.10 Projected Cost for Blasted Rock $154,000.00 All Excess Topsoil and Dirt will be placed adjacent to job site, no further than 100 ft from property line on Mike C-feary's property?x GRs35%bys ?(}Y? EXCLUSIONS: - Per attached Addendum A 711 END SCOPE OF WORK Initial EXHI Ip T B LIST OF DRAWINGS Site Construction plans by Fischbach Morgan & Associates, LLC dated 12/22/2006 with revisions mad e on 08/06/2 007: Sheet 0 Date Sheet Title CD-00.01 8/612007 Cover Sheet CD-01.01 8/612007 Existing Conditions and Subdivision Plan CD-02.01 8/6/2007 Site Plan CD-02.02 CD-03.01 8/6/2007 8/6/2007 Geometric Layout Plan Grading and Utility Plan-- td's.EA iS CD-03.02 8/6/2007 Grading and Utility Sot Detail Plan CD-03.03 8/6/2007 Grading and Utility Sot Detail Plan CD-03.04 8/6/2007 Gradin and Utility Sot Detail Plan CD-03.05 8/6/2007 Grading and Utility Sot Detail Plan CD-04,01 r`r?_ne m 8/6/2007 R/F/?007 Profiles: Road Profiles: Utilities _ CD-05.01 8/6/2007 Li hnn nan 01 CD-06 8/6/2007 Details . 02 CD-06 8/6/2007 Details . 03 CD-06 8/6/2007 Details . 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Ir.. to I Iw i? . 1? 1 1= 12 (a. I? I 1? 1 r I ,? 1 1 I-„ ILD 1? 1N 1? i I ly 1? I? I I I I I? I I I I I? I I I I? I 1 1 1 , V I I I 1 1 1 1 ? V I I I 1 , 1 1 1 I I I I I I i l I i l { I I0 I?Igi?l V I I I 1 1 1 1 I 1 I I I I V I I I IoPPITI V I I I 1 lO lOo IN lQo1 to llv,ll V I I I V I I I V I I I 1? 1 I r 1 t Iw ?w I-P KN I X I? Iw 1? ;S ;g ;8 ;g ; 3j3j?/S 4J he77 SHAFFER BUILDERS, INC. Fohiutry y, 2008 :8. P Paterson, [nc 5-) 7 k4wood Road King of Prussia, PA 19406 Re: Apex Villages _• Change Orders star Pat. 1 is is in follow up w the discussion on site 215;08 and your' subsequent requesi for signed change orders faxed to the office. The change ordw' pro' cgs is that i''tu1 will verify time Q"rL:Y. This time verif:ca6on plus the material slips need to come to the office for approval of the ch-rige order, Tara will then prepare a supplement to your contrNet. Oter siaff had a meeting on Friday 2/9M& to discuss the olinges and my accounu t has -worked up some of the numbara and verificaliorts for ova use. 13asal on that meeting, the fullowing is an a.na.lyus of the change orders at this time, Lj&- This was a _-hLoge you. instimmd. "t Liar, Jra LL-_ e e Order #? -Aw=4 - This can be bilied on. the ne)d application for pkynient .ajsWr 3 =A1pr This can. be billed on the near appiica.tiau for Payment. ?`h Qtr - Pending - Please provide when this was, done? Is this the erxnplete change ordul please provide time charged aid mistrial slips. tugpMQY?U #5 - Ap; t- oved -- This urn be billed on the next applicatimi fox payment. n , Qrzr -4d - iEg -,rho original design did lot hive 36" pipe, howevor, yot;r prt?posal (after design change) inckided 36' pipe. There is not another 498' feet of 36" pipe. Fischbach sheets has 407', not 488'. 'please advise. Qhgju Orftr #1- Denied - Front conditions. As long as you were able to dig, there is as t•eason for an additional cost for this. Please feel frets to contact ine to discuss and/or provide. the answers and slips for those that require approval.. Sincerely, G ? 401 Fast Elm Street 9 Gonshohooken, PA 19428 • (610) 426-9129 4 Faits (610) $264120 Feb.12. 2008 8:59AM "•::%? r?? ; :? LWERS, INC. Febmary 8, 2008 B. P. Paterson, Inc. 537 Kingwood Road King of Prussia, PA 19406 Re: Apex Village Dear Pat, No. 9090 Y. 2 VIA rAX & MAIL This is in follow up to our discussion on Tuesday, 2/5/08 at the job site. Overall job progress is behind. All trades need to get back on track to make deadlines. On Monday, February 11, 2008, we export for you to have an additional crew on the job to facilitate getting back on track. If this means your crm will need to work weekends, you need to do that. If by February 25, 2008, you do not have the necessary men in place to bring the job up to date, we will be supplementing with another contractor. S incerely, A Rick Shaffer rr? r__. rr..... e.-... n...... r-_......r..... nn inA ryA - ten n% one n•.?n , n_..... ta•".. n BY, Paterson, Inc P.O. Box 147 Bridaenort, PA 19405 Rick Shaffer Chaffer Builders 401 E. Elm Street Conshohocken, PA 19428 i=ebruary 16, 2008 Dear Rick Shaffer, As per previous correspondence on job progress, most of your correspondence in me going back to vour }etter dated February K' has g?f°2008. ?o stated ews were ai??inse laterals incorrect. Please be advised that as of Januatr. on campus and in seven (7) different instances rock had to be re-shot. In response to your statement that two crews were necessary, please be advised that they were on site prior to As far as the water main start i3 concerned, we had no lay'-<7ut until the eazd of the day, ?:. d T'-: J -- • lteUriwi- p VV G '4-afe lo' J ill utL r•.L_.__.,, ?.?---.li _ pipe waSdI`uVel i'IAUdy,1'y i cui. um. y Yv atee uic previous days, that we would have the lay-out to start on February 12 however the surveyor did not show the l i m or 12th. another delay out of BP Paterson_s control, We had already ordered the )Sipe to anticipation of the jay-out. Also sanitary i ut sheets were ing not fon Fn?y, February 156'. Due to this de)ay, we could forward to us until l 1 .OU AM, start manhole run R to T or )Z to V. However, testing from manhole J through P includnot Q was completed and passed on laebr ary 15'. Sincere ?e?nr..n BP Paterson, Inc P.O. Aok 14? Bridgeport, TEA 19405 Rick Shaffer Shaffer''Bt!ilders 401 E. Elm Street Conshohocken, PA 19428 February 16, 2008 Dear Rick Shaffer. As a follow up to our previous letter dated February 6,2008; I air again requesting a breakdown of our adjusted payment ;application to accompany the bank check and/or the Partial Release and Wavier of Lien.. How can I sign a release wittuout knowledge of what the bank has approved for payment'? FurEherrnore. I cannot accurately compete my next application for payment without knowledge of the items that the bast): .slid not approve. L e ^f this iAttt r'r date. 1 stilt nave nn-t rr rris?r?l the 6-Mkri r ysm fat to nivy"ent fmtn application #;. Now I have a wavier iii t?ont of me to sign for application 44 which has also been "short paid". 1 reiterate that a breakdown of the payment application needs to ,_. be fl1iWill tlCJ •u"l a Lf=_?1ity 11liltlliCl. Also be advised the delays affect raly ability to bill for change orders and materials on site. /'lease mote that there is material that ties been on site tot over 6u days. I appreciate your prompt attention to this matt :r.. sincemi r Patrick R- Paterson BP Paterson, Inc P.O. Box 147 Bridaeuort. PA 19405 Rick Shaffer Shaff__cr Bu6lrtarc 401 E. Elm Street Conshohocken. PA 19428 February 16, 2W8 Dear Rick Shaffer. In response, to vour faxes dated February and 1 St' concerning additional Brews weeded on site; BP Paterson cl!d add additional manpower to this ptojert. Furthermore, in your tPX rt FPh?t ,rv R?', v?r+? atatPCl that if hV S rh?tRrv ? Oh, ,hd nnT `Lh w-t- the necessary men in place to bring the job up to date" that you would be "supplementing with another contactor". This statement is in direct conflict the your fax dated February t 6(h' yU .. L SL .? of {,. .i i ... 1?. .L'.. 17 3 Y.•L L ? /1/? sL ! lJ h ll llLag rn,, uha6 [lb o the zrlli of mark uny LLuA i nlb:lyL 1 C naky la. 100 1 arc, to ``cease installation on all the water service related items" and that S1~Affer Buildars has "engaged the services of an alternate contractor for the water utility services". BP Paterson considers this to 1v more than a supplemental contractor and a deviation horn. your prior deadline of February 25, 2008. Please note that BP Pates-on as of Friday, February Bch has hut significant material can site for the water utility sen ices. Please be on notice that BP Paterson will be seeking the advi?.e of legal counsel ir.L regards to th),; contract iwm. BP Paterson dcwts not wish to damage our working relationship or any progress on this project. We will c.ontinu.e to work steadily with conditions available to that end. ?}r?CArPI?%a^ ra fiA . 'A. i 1biCl i1V11 Feb. 15. 2008 11:48AM i ? SHAFFER BUILDERS, INC. February 15, 2008 B. P. Paterson, Inc. 537 Kingwood Road King of Prussia, PA 19406 Re: Apex Village Dear Pat, This is in follow up to our discussion today - Friday, February 15, 2008. No. 9135 P. 2 Overall job progress is behind. All trades need to get back on hack to make deadlines. Your efforts to maintain and get on schedule have not been realized We have engaged the services of an alternate'contractor for the water utility services. As of end of work day this Friday - February 15, 2008 you are to cease installations on all of the water scrviee related items. An evaluation of installed operations will be undartaken by our site superintendent and your personnel to establish the status. Your efforts elsewhere on site are requested to bring the site work to schedule. Sincerely, C eene Miller Project Manager Shaffer Builders Inc 610-825-9129 401 East Elm Street 9 Corshohocken, PA 19428 • (610) 825-9128 • Fax. (010) 826-2130 FAUX COVER SHEET TO: FROM: DATE:..?7 TOTAL PAGES, INCLUDING COVER 42L SUBJECT: Q, . so .,. rxk,bl,? 8 RILEY RIPER HOLLIN&_'? JEANETTE N. SIMON COLAGRECO Jenny@rncc.com A T T O R N E Y S AT L A W Ext. 240 May 23, 2008 Shippensburg Apex, LP 401 East Elm Street Via Certified Mail Conshohocken PA 19428 Return receipt requested reply to Paoli Re: Apex Village Proiect, Rocktowne Student Townhome Communitv, Asper Drive, Shippensburg, Pennsylvania To Whom It May Concern: Please be advised that this firm represents the company, B.P. Paterson who is the sitework subcontractor for your contractor, Shaffer Builders, Inc. A sum in excess of $191.806.70 is presently due to B.P. Paterson for furnishing and completing the site work, including excavation and removal of rock, for the above-referenced property located at the Apex Village, Rocktowne Student Townhome Community, Asper Drive Shippensburg, Pennsylvania. B.P. Paterson completed the work for which we are making a claim on April 22, 2008. This letter constitutes formal notice pursuant to 49 P.S. § 1501(b.1) of our intention to file a mechanic's lien claim for B.P. Paterson's work on this project. Sincerely, RILEY RIPER HOLLIN & COLAGRECO COAZ-J gleanette N. Simone, Esquire JNS:sjf www.rncc-law.com 240 Daylesfotd Plaza Post Office Box 568 Paoli, PA 19301-0568 610.647.5800 Tel 610.647.1580 Fax 312 West State Street Second Floor Kennett Square, PA 19348-3025 610.444.8800 Tel 610.444.6599 Fax Eaglevi'w Corporate Center Post Office Box 1265 Exton, PA 19341-1265 610.458.4400 Tel 610.458.4441 F ¦ Complete items 1; 2,, and 3. Also complete Item 4 N Restricted Delivery is desired. A. ftudure ,. ,Wi' -,gba PM, -4 ¦ Print your name and address on the reverse r Rd?e 13 so that we can return the card to you. ¦ Attach this card to the back, of the maiiplece B. ecehved'by (P ?i1 C. of Delivery , ??L " i J or on the front if space permits. .,..: 1. Article Addressed to: D. Is delivery address different from item 1? ? Yes ? N o If YES, enter delivery address below: Shippensburg Apex, LP 401 East Elm St. , PA 19428 k o a en c Conshoh 3. Type Certified Mall D pwass Mali 13 Registered Return Receipt for Merchandise 13 Insured mail 0 C.O.D. 4. Restricted Delivery? Pft Fee) ? ym 2. Article Number 7007 2680 0003 2199 2875 PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1640 6 ?( 06i*26/200' 1':21 "6k 0 01 A r Q C m .? u m W O rul b C h .r v ?a OG a G es D ?Q C ?- O ?aY a U- to 6102653327 4A M ?I r ? c m V N N 1 PATERSON m D ° ? om o? Q? d W Q H Q PAGE P_2 06,426I2P_P d 17:21 to r a c N N Y m ILI O W 0 H??V I a4 aIL C ? al C ? G p " w Et O LL m w 6102653327 PATERSON sags g o o a? 4 is t m 's .o a G m m ? G M Q a i CL 71 C ai A pp o ? 'd t t t m PA A ??QQ 93 ?- ?- N CD r M Cl) m V p A G Q Ci C N V C r r r r r r r r ? O v L o 0 Q V PAGE 03 06/26/2002 17:21 61026533327 LI O t0 I V Go N of a a c m 3 m W O 113 ? w ? G T T w ,Q ?a ?2 0 M A O ?n 3 W PATERSON g cg, g M N O Q QR' ? M N ~ W N K .G U O w U O CL as a m x in P w o$ v O Q O F- 01 R71 ^a of ? Ob ? E O A C m? ? t t a3 ui D J F O w w 0 Q Q w U? O m G {? w Q Ts i a c m CL ii a PAGE 04 e6/26/22 N w V Q, V 1.21 m N 1 Q h m W o W G! G Q ?a c? Ia _C +O u?,.C4Ou?i?G S MS53327 0 a Z 3 c c? a? CD c W a M .c C v c7 OD c $ O. V a 0 C 0 g ti W p a z? o o N `ems Na c D. W w V V F'A I E.K UN O O O sA f b w 4J D J i-? cc c d d aC ?+ .c r am M m E a C od .L. V o? m c? an t''HUt Go 06;'26;'2006 17: 21 w W 0 4 V a? CM N 5102bb 3:?2 / a CL G Ym E G ? W 4 d t ? lu to G a C! 4 ad ?1ar4 C ? A O q, a m W) a 10 m O c Jc 0 h'A I tKbUN pp pp N ?r? a tV 6D Be N ?p M p r C v & r ? ? ao ae ? •? a dm c r c L ? C V ? h 10 41 'C r iN y ? M ffi C ? ? .D N m N ca N C m 80 e ? m V dl f.i , v N? ? p ? ? Q i n o fQ O • p ? ; W at< N O o? aG V 1- V r m m cri c s v Le W o-0 C m ? v m av rr;ac uo 95!26/2003 17:21 W G cr. O W Z Q U S102653327 At r v d. 13 Y ? W ? C W tc G A ? v g c? a ?L a? t? C a C ? 4 1! m4 SE S 1 x IL tm m n r- r_ ]C 0 NAISKSUN 0 0 g o g p Q lptf ? ? O 'W p? ?: r to iD N ? Cam') C fl? 7 a M C a c d? •? a m a d iii d = c A ?f df L v ? 'D 1? Q? m 0 'L as Q m w i 0 rj 9 V 0 ? v g ?o COD ?f T m Im ® 01 So m v V ..19 c ?O c C •p 'v w u -1003 ? Q AU f0 u Q IL a a ti m c ? v t'i V v v p p 77 w ? y N c N vV 4 o L V 32 O cm J a Q ~ ?? a=o r O v ?u 4 V 06;'25!'2?D 9-_ ix I W 0 0 0 Q U 04 r 1 : 21 am N Q r d 'fl ? aR m W O {IJ C r o O ?V 1 O 0. O 3 ? wCS Y a '. e m ? Y 610255332/ = as 0 G ds ? ?j m Q ? ? C N N N 0o o ass ? O ? Ito a; 4 p C a ? ?? ?? t o10.m to 'a 7 a u° v U) C ? h ai 'O d+ 11 'S ~ C4 O to .c .- E "I O C 02,0 m X O W Q v F- c m ? O V N C r CIS V 12 N ' p ?m e E?$.a CD r to Q v ??1c 3 ?a v F- Q(A S?S!2S/2003 w O W C9 Z a U 1': 21 M a e O Y _ O ?INLO W I? A ? ?Hg $a e ei pp.. e IAw?iX 5102553327 0 (P 8Qg S SN NIf*,,M ?OM/ YJ In 0, 9 f a0 ao N *' t0 N ?T C-n co o cm cm_ ? N d Y v W aCD CD N ? C m m a 0 OF 0 A ? o ? c p F- W ?m v ? Y F N Je a r- f, wCDmNr?? ti??NN7 C. O c & C i 4 df v 9Si .26 299^ 17: 21 0 O W C) a V N a (q V 7 ? LLI O r G ?°•sc48 as C AI CF 0 O e a m IL m Y S192SS3327 .a C AI d, L G a? t R w C .a aE m E a 9 a ? $ aHip N N a c?a m? d r _? _v ? o ??i?JJ u7? .C A ?NfN 1'1 i3 m C3 W r ? r t- P O m c CO t U PATERSON r N 0 O a G C a? M ?9 a° am m QJ L V 'CS G m d ?! Pa;GE 10 412212008 CHANGE ORDER From: To: 8P Paterson, Inc. Sheffer Builders 537 Kingswood Road 401 E. Elm Street King of Prussia, PA 19406 Conshohocken, PA 19428 Job: ex Village Crew Time lost due to improperly Shot Rock Change Order #11 Nov 27128129: Inlet 8A -Inlet 19 -Inlet 18 Rock not shot In 3 areas $2,120.00 Crew time lost - 4 hours G S6301hr pee 11: Inlet 19 to Inllet 2 Rock not shot Crew had to restart at Inlet 12 $1,590.00 Crew time lost - 3 hours @ S5301hr Jan IS: Inlet 6 Rock not shot, had to be rs-shot 51.060 00 Crew time lost - 2 hours Q $5301hr Jan 24: Manhole N - Station 1 +67 -1 + 74 Rock not shotlmissed. Blaster had to re-shoot $1,060.00 Crew time lost - 2 hours Qa $530/hr Jan 30: Lateral Building 200 Rock not shot. Blaster shot trench $1,060.00 Crew time lost - 2 hours Q $5301hr Feb 5: Lateral not shot property or at all Building 300 - 2 Laterals had to drill It shoot $2,120.00 Crew time lost - 4 hours C $5301hr Feb 7: Re-shot Lateral Building 400 $1,060,00 Crew time lost - 2 hours Qk 55301hr Feb 8: Re-shoot Lateral Building 300 Remove rock 8x6x3 from Lateral Trench not shot 61,590.00 Crew time lost - 3 hours @ $ Feb 14: Lateral Building 500 Rock not shot Redig to side of Trench to install Lateral No Blaster. 3 hours to dig $1,080.00 Crew time lost - 2 hours @ $6301hr Feb 29: O + 270 to Manhole V boulder Rock not shot properly. Had to drag out of trench to big. Called Blaster. 61,060.00 Crew time lost - 2 hours @ $5301hr ZO 39Vd NOS?GiVd LZ££99ZO19 T£:LT 80OZ/9Z/90 March 416: 2 Laterals not shot Manhole T - U, IsItside Blaster had to drill and shoot Crew time lost - 3 hours I& $630fhr March 21: Found 2 sticks of Dynamite that did not ignite in Trench, called Blaster Blaster came out 11/2 hrs later Crew time lost - 2.6 hours @ $6301hr March 24: Found 5 sticks of Dynamite that did not Ignite in Trench, called Blaster crew time kart - 2.6 hours @ $5301hr March 25: Rock not shot at EW - 0 + 20 Found 3 sticks of Dynamite that did not ignite In Trench, called Blaster Crew time lost - 3 hours @ $5301hr March 26: Blaster re-shot rock EW to Inlet 14 Station O + 20 Crew time lost - 3.5 hours @ $6301hr April 3: Blaster reshot rock at O + 90 Crew time lost - 2 hours Q $6301hr April 7: Blaster re-shot rock at bottom of Trench at O + 90 again crew time lost - 2 hours IN $6301hr TOTAL DUE: Acceptance of Change order Shaffer Builders $1,590.00 $1,326.00 $1,326.00 $1,690.00 $1,866.00 $1,060.00 $1,060.00 $23,686.00 Patrick R. Paterson BP Paterson, Inc. £0 39Vd NOS83iVd LZ££59ZOT9 T£:LT 800Z/9Z/90 b0 30Vd n 0 o 5 -* 3 N b m a ?m m `D n o DMA ? N p A O a. O v asap n 0g;o a f rn O g - ,. ?v+ Sn a n 0 3 c CL w 30 1 .4 m om a a D Q m s. a las J C N 4041a C 5 -4 z ??% 0 V m cn 7 m j V S w 7 to IP n m ? ?? rn n N N v •? N W N 7rno 4 40 NOS83iVd LZ££99ZO19 T£:LT 800Z/9Z/90 Fx ?; ?, 4- --b O z g m ? ? S A g gs # i L I 7 m s S ? 2 ? o S 1 s g - 1 t 11 01 ODV PUA W N-? i D O N? f ? m O { AA ??i 1 co V V { I S pAj N+ N 41 VI N N W Pi V 01 ± A S J p W O P ' gg ?"8SS8'8 ?88$?5 tJ m ? g g S f0 m V W N 'o, 'o 7 °JC w o ooh A m a ?, o m 'a 3l .-nUr?cuMn1. N j I I rCno 2 OD OA o ZAIyn0 ILI - ems ??? ?2Z eR?R OOjr°i? ?';9Q?z?w?$,g, s'9oaoaw? rn rn O m . O + m m z cn o? M H gMa 1118 V S O + m !D ?p • ? W m V ? N i p O O S O z r 7 C P4 a9' ? i ll DQ I Og 3 m •N? D? A 0 m t s r 0 O z 0 V S. /3 • N N N N - -+ .. ?p a A w N y O ?G oo v O?. V? A W N C O ?G Oe v °, t/i A w N .r N O Oo to yr ?z m II o S m - a a ** = y ? 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N A cn N vi , .j ] a, O m Y + + A ?° ?+ p Oo A V tJ N 00 w A .P N - v V O+ O p p Q , m r O p O N ?D ?L S '. . O p O S p O O O - a A O p O x ' S ° S p O Q p O v d O S S , S , S O . ' O O p O S O O . -?? ?- S ? S S S `- O . S S S S O o o o o ? a o o ? o+ S o s o S $ o o o 0 $ o o S S S ? oo o o o o g 0 o 0 o g 0 o ,,: ? o v a o o e e v o o v a a o o o o o 0 0 o e e e N O > r A A . v ?: -rl 9 i O ? p p ? O J O O V1 C: S O O a y H N y H N y H O? A H y V4 N N N H N H y y rr, ? y a ?7 pp?? O w N w A v? U p p A H V A W W O S p 9 0 v A 0 H IA 0 H 0 H 0 to Ol ? N N N A. N A oe 0 H 0 N O Cn H O oe o0 GA H 0o O S N v. O N v. O Y y D7 C) N O O? °? )fi O O 00 0 . O O O cOn vAi S S S 0 O O O S S O %A O O O O O O O eNA O O S m = o m 3 ? O Oy L E O. n 3 ? ? o. ^ y. .?. m !mJ ^ ? a ^ e R a z a U .r n Om? ooc?n x O a A A N !M1l ul CD Oo GU LTI 0 0 Z a 0 Z CO) i m 1 a a b O n y 0 w v n m m C a m 3 m CL m O 3 0 S tlo O. r? a G! D z v 0 -4 D r y fA ON D Coil O a H v r? ? O Q' til O I.r O S m (? H q ? m pp ti Q O D D c 0 0 c 3 m 3 K A O vOi J ? n t tJ O O A 0 D O A C ? n 71 w D `D ,. o w t rn A Ogg, L, -T A 7!j nc RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire Attorney Identification No. 88267 P.O. Box 568 Paoli, PA 19301 (610) 647-5800 Attorneys for Claimant B.P. PATERSON, INC. 537 Kingwood Road King of Prussia, PA 19406 Claimant V. SHIPPENSBURG APEX, L.P. 401 East Elm Street Conshohocken, PA 19428 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN No. 08-3849 MLD PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Mechanic's Lien Claim in the above matter. RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire 65704.1 ' ° a -171 rQ> ' ., /u ? V h - t-- O 1 RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire Attorney Identification No. 88267 P.O. Box 568 Paoli, PA 19301 (610) 647-5800 B.P. PATERSON, INC. 537 Kingwood Road King of Prussia, PA 19406 Claimant V. SHIPPENSBURG APEX, L.P. 401 East Elm Street Conshohocken, PA 19428 Defendants Attorneys for Claimant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA MECHANICS' LIEN : No. 08-3849 MLD AFFIDAVIT OF SERVICE OF NOTICE PURSUANT TO 49 P.S. $1502(x)(2) COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS I, Deputy Terrence Cullen, of the Montgomery County Sheriff's Department, being duly sworn according to law, depose and say that, at 7:25 a.m. on August 5 2007, I served the attached Notice of Filing of Mechanics' Lien Claim filed herein, bearing the court term and number and date of filing of the said claim, on SHIPPENSBURG APEX, L.P. 401 East Elm Street Conshohocken, PA 19428 the owner of the property against which the claim was filed, by hand delivering a copy of the Notice of Filing of Mechanics' Lien Claim to Mary Schaffer of Shaffer Builders and of Shippensburg Apex, L.P. at 401 East Elm Street, Conshohocken, P 8. Deputy Terrence Swo and s Scribed be re me / day o ,,4-QQ8 Itary PuW§? A. GIA Notary Pubic NO? 10RONK MQNrv0M€WG 1* awflfiN@ "40"M aft, 13, 8008 67538.1 RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire Attorney Identification No. 88267 P.O. Box 568 Paoli, PA 19301 (610) 647-5800 Attorneys for Claimant B.P. PATERSON, INC. 537 Kingwood Road King of Prussia, PA 19406 Claimant V. SHIPPENSBURG APEX, L.P. 401 East Elm Street Conshohocken, PA 19428 Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA MECHANICS' LIEN : No. 08-3849 MLD NOTICE OF MECHANICS' LIEN CLAIM TO: SHIPPENSBURG APEX, LP 401 EAST ELM STREET CONSHOHOCKEN, PA 19428 Please be advised that on June 27, 2008, there was filed in the Court of Common Pleas of Cumberland County a Mechanics' Lien Claim, which was reinstated on July 28, 2008, a true and correct copy of which is attached hereto. RILEY RIPER HOLLIN & COLAGRECO By: Jean tte N. Simon , Esquire 65726.1 RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire Attorney Identification No. 88267 P.O. Box 568 Paoli, PA 19301 (610) 647-5800 B.P. PATERSON, INC. 537 Kingwood Road King of Prussia, PA 19406 Claimant Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MECHANICS' LIEN n_ ?> czm SHIPPENSBURG APEX, L.P. 401 East Elm Street ``- ?? PA 19428 Conshohocken No. 63 pq pq , Defendants ' -' ^` V (-,)m MECHANICS' LIEN CLAIM AND NOW, comes Claimant, B.P. Paterson, Inc., by and through its attorneys, Riley Riper Hollin & Colagreco, and files this Mechanics' Lien Claim and in support thereof avers as follows: 1. Claimant is B.P. Paterson Inc., a Pennsylvania Corporation with an office located at 537 Kingwood Road, King of Prussia, Pennsylvania 19406. 2. The owner of the property subject to lien is Shippensburg Apex, L.P., a Pennsylvania Limited Partnership with an office located at 401 East Elm Street, Conshohocken, Pennsylvania 19428. 3. The improvement and property subject to the lien is identified as the "Apex Village, Shippensburg, PA" (hereinafter the "Apex Village Project"). The Apex Village Project _ . consists of the property known as Rocktowne Student Townhome Community, Asper Drive, 61982.1 I Shippensburg, Pennsylvania 17257, which consists of 9.39 acres of property located on Baltimore Road in Shippensburg Township, Cumberland County, Pennsylvania. The tax parcel identifier is 36-35-2385-131. A full legal description of the property underlying the Apex Village Project is set forth in Deed Book and Page 200736421, which is filed with the Cumberland County Recorder of Deeds and hereby incorporated by reference. 4. Claimant, B.P. Paterson, Inc. is filing this mechanics' lien claim as a subcontractor. 5. Section 1201(5) of the Mechanics' Lien Law defines subcontractor as "one, who by contract with the contractor ... erects, constructs, alters, or repairs an improvement or any part thereof; or furnishes labor, skill or superintendence thereto; or supplies or hauls materials, fixtures, machinery or equipment reasonably necessary for and actually used therein, or any of all of the foregoing, whether as a superintendent, builder or materialman." 49 P.S. § 1201(5). 6. On September 20, 2007, claimant entered into a Subcontract Agreement with the Contractor, Shaffer Builders, Inc., to complete site work for the Apex- Village Project. A true and correct copy of the Subcontract Agreement is attached hereto as Exhibit A. 7. Contractor, Shaffer Builders, Inc. is a Pennsylvania Corporation with an address of 401 East Elm Street, Conshohocken, PA 19428, and entered into a contract with Owner, Shippensburg Apex, L.P. on September 7, 2007. 8. The last date that Claimant, B.P. Paterson, Inc. did work on Apex Village was April 28, 2008. 9. Claimant provided formal notice of its intention to file a Mechanics' Lien Claim to the Owner on May 23, 2008. A true and correct copy of the formal notice with proof of receipt is attached hereto as Exhibit B. 2 61982.1 10. Pursuant to the terms of the Subcontract Agreement and various change orders, Claimant performed sitework on the Apex Village Project, including providing labor, materials and equipment necessary for the improvement of the Apex Village Project. The scope of the sitework performed by Claimant is set forth in full in the Addendums to the Subcontract Agreement, which are attached as Exhibit A and incorporated herein, and in the change orders, which are attached hereto as Exhibit C and incorporated herein. 11. The sitework completed by Claimant was for a contract price of $1,109,378.10 based on unit quantities set forth in the Addendum to the Subcontract Agreement which is attached hereto as Exhibit A, and corresponding change orders attached hereto as Exhibit C. The amount of the sitework with the change orders is $1,142,855.10, as set forth in the April 25, 2008 Application for Payment, a true and correct copy of which is attached hereto as Exhibit D. 12. The outstanding amount due to Claimant to date is $188,057.37. WHEREFORE, claimant, B.P. Paterson, Inc. claims a lien in the amount of $188,057.37 plus interest upon the Property owned by Defendant, Shippensburg Apex, L.P. located at Rocktowne Student Townhome Community, Asper Drive, Shippensburg, Pennsylvania 17257. RILEY RIPER HOLLIN & COLAGRECO Date: 2 B T Jeane e N. Simone, quire Attorney for Claimant B.P. Paterson, Inc. 3 i;;;.2E.'lll_Ii C VERTFYCA7?'? I, Patrick R. Pawrwn am an au8wrized representative of B.P. Paterson, Jnr•., Claimant in this action, and to aurho&od to sign on behalf of S.P. Paterson, Inc., am familiar with this matter and understand that the sra cments made in the Mecbanics' Lien Claim are true and correct. 1 tmdemiand to the, staterxats herein. are made snbjwt to the penalties of 18 Pa. C.S. §4904, rdsting to unswom Wsification to authorities. Daze: ImIs?l .?-- --- Patcick R Paterson B.P. Paterson, Inc.. 537 Kingwood Rued King of Pnwia. PA 19406 a me EXHIBIT A SUBCONTRACT NO.518-0 VENbOR NO. September 20, 2007 SUBCONTRACT AGREEMENT Between SHAFFER BUILDERS, INC. (hereinafter "Contractor") and BP PATERS ON (hereinafter "Subcontractor") Project: Apex Village, Shippensburg, PA Owner: Shippensburg Apex, LP Architect: Lance R. Kraemer Associates, PC Subcontract Work: SITEWORK 1 THIS AGREEMkN'I' made this 20th day orSeptember 2007, between SHAFFFR BUILDERS, INC, with a business adeinvi; at 401 fast Elm Street, Conshohocken, PA 19428 (hemisaRer "Contractor") and HP PATERSON, LLC with i business address at S37 Kingswood Road, King of Prussia, PA 19406, (hereinafter °5ubcontractor"). Contractor and Subcontractor agree as follows: 1.1 This Subeot?vact is for the fnUowing labor, materials, equipment and/or stxviccs to be performed in accordance with the following Contract Documents: a. This Subcontract Agreement including but not limited to Exhibit "A", Scope of Work" and all other terms and winditions, exhibits and schedules attached hereto: b. Drawings and Specifications as set forth in the list of Drawings and Specifications attached to L'xhibit _B., c. Agreement between Owner, Shippertsburg Apex. I.P and the Contractor. Shaffer Builders Inc., dated as of September 7, 2007. All of the foregoing form a pan of this Subcontract Agrotrtunt, as if set forth w length and are fully incorporated hatcin and arc referred to heroin as Contract Document. Subconintetor acknowledges dtat it has carefully examined such Contract Documents and undorstands them fully by its signature, which appears below. 1.2 't'his Subcontract shall, when accepted by Subcontractor and signed by Contractor become the exclusive contract between the parties. and all prior representatives or agreements. whether ttTilli-n or oral, not incorporated herein are superseded. If Subcontractor has comener?ced performance of its work hereunder prior to the execution of this Agreement, it it specifically understood that all work shall be included in the work hereunder: and that such work and payments, as well as the future work to be performed hereunder shall be in eonfontuancc with and subjccr to the terms and conditions hereunder. 1.3 Work performed by Subcontractor shall be in strict accordance with the Contract Docudnans applicable to dic work in be performed and labor, materials, equipmcnt, and/or services to be furnished hereunder. The Subcontractor shall be bound to the Contractor by the terms of the Subcontract and of the Contract Documents between the owner and the Contractor and shall assume toward the Contractor all of the obligations and responsibilities with respect to work to be performed by Subcontractor which the Contractor, by those Conlratal Documents, assumes toward the Owner, and further. all rights and remedies which accrue to Contractor by way of the Contract Documents, shall accrue to Subcontractor. All rights, which Owner may exercise and enforce against Contractor may be exercised and enforced by Owner against Subcontractor. In the watt of any dispute between the Owner and Contractor, Subcontractor thin be bound by all decisions; directives. interpretations and rulings of the Owner or the Architect, at Owner's option, incauding Owncr'.v termination at suspension of Contractor. Subcontractor agrees to bind all lower tier subcontractors to time performance obligations and responsibilities, which Subcontractor assumes towards Contractor by wry of these Contract. pocumentt. Where speciric work set forth in the Contract Documents is not described in this Subcontract, Subcontract shall perform all work normally construed to come within the scope of its activities, as required of the Contractor under the Principal Contract. All work shall be performed to the complete satisfaction of the Contractor, the Architect and Owner. 2. SC P?lEy?f?RK AN)?Q?'t'RAF 2.1 Subcontract shall complete titework at Apex Village project its Shippcttsburg, PA as required by the Contract < moments and as may be further defined in the Scope of Work (Exhibit "A"), attached hereto and made it pan hereof. AVC4,. v0 m a 2.2 TOTAL FIRM PRICE FOR ALL WORK UNDER THIS SUBCONTRACT Q? 1S: One Million One Hundred Nine Thousand Three Hundred Seventy-Eight Dollars and Ten Cents ($1,109,378.10) -o' 3. 77?f{MC OF p9 Y. M.j=iv7' 3.1 Tbrnl$ of payntcnt Linters ntherwise Stated on the Subcontract shall be in tlccOrdanec with dic submission of AIA documonts and to be determined by bank inspeclion of property. The foregoing entitlement to payment is subject to Subcontractor's compliance with the Contract Documents or this Subcontract, Contractor has the right to withhold payment as more particularly set forth in the Principal Agreements between Owner and Contractor and this Subcontract Agreement and under all applicable Federal, State aid local taws, rules and regulations. Billing is to be received on or before the 25° of the month, and payment will be made by the I SA of the following month, 3.2 Subcontractor. as one of the conditions precedent to any progress payment hereunder, sh I furnish all noocssary t releases, lien waivers, affidavits and other documents required by the Contrao Documents to keop the premises fret from liens, or claims for liens of all materiatmen, subcontractors or laborers, as well as complete waivers and rolftsts of any and all claims of Subcontractor and any patty connected with or related lu the performance W of this Stthct?nula Acceptance of final payment by Subcontractor shall be a full and eompletc discharge and micasc of Contractor. No payments hereunder, including final payment, shall be construct to be ter, aeccptance by Owner or contractor of defective work or improper materials, or any other failure of Subcontractor's work performed in accordance with this Subcontract. 3.3 Subcontractor hereby agrees to make prompt payment to bil panics furnishing labor. materials or equipment to Subcontractor in the prosecution of the work hereunder, and that such prompt payment is of the essence of this Subcontract. In the evcmi Subeontrattor or its subcontraeton or materia)men, or any party acting through or under it or them, fails to pay any sum of money due to patty furnishing Moir. mtdorials or equipment hereunder, Contractor is hereby to retain out of any payment due or to become due hereunder said unpaid sum and its sole discretion, to pay same directly to the party to whom such stem is due. If any time there shall be evidence of any lien or claims for which, if csWishcd, Owner or C:'anaaetor, or its sureties, might become liable, and which is chargeable to Suboonuactor, Contractor shall have the right to retain out of any payment due or to become due hereunder an amount sufficient to completely indemnify Owner or Contractor and its sureties. against such lien or claim. The provisions of this paragraph shall not require Contractor to determine or adjust any claims or disputes between those parties furnishing labor, materials or equipment hereunder, or to withhold any money for their protccrion; nor shall Contractor be liable to any party for its failure to do so. INf)EMNiFICA'1'ION 4.1 Subcontractor agrees to indemnify, defend and hold harmless the Uwner and Contractor and their agents and employees as set forth in the Contract Documents to the sane extent as Contractor is obligated ut do so under the Contract Documents, limited, however- to the scope of work of this Subcontract. In additirni thereto, the Subcontractor agrees to indemnify, defend and hold harmless the Comractor from and agairui all claims. damages, losses and expenses including. but not limited to, attorneys' fees arising out of or resulting from Me wformanco of the work under this Subcontract, provided that any claim, damage, loss or expense (1) is attributable to bodily injury, eieltums, disease or death, or to injury to or destruction of tangibld property, including the lugs of use resulting therefrom. and (2) it caused in whole or in part by any negligent act car omission of the Subcontractor, anyone employed by Subcontractor or anyone for whose acts the Subcontractor maybe liable, regardless of whether or trot it is caused in parr by a party indcilmiftcd horcundor. Stich obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation nr itdemnity which would otherwise exist as to any party or person described in this Paragraph. 4.2 With respect to any claim resulting froth injury or loss to an employee of $ubcono'aclor or of any lower liar suboemlractor. Subcontractor agrees to indemnify and hold harmless C rintractor from the entire amount of such claim, including liability for injury or loss caused by the negligent acts or omission of Contractor which result in harm to such employee (unless Contractor was solely negligent) and Sallwittramor hereby expressly waives any provision or the Pennsylvania Workmen's Compensation Act, or any other applicable workmen's compensation act which otherwise provide to Subcontractor immunity from Stich indemnity, 5. NS ANC'li Subcontractor is advised that the Subcontractor shall procure and maintain, at its own expense, the insurance coverages in accordance with the insurance Schedule listed below hereto and made a purr herexif. General liability; each occurrence- 51,000,000, Fire Damage- S 1,000,000. Medical Expenses (any one person)- S5,000, Personal k ADV injury- S 1.000.000, General Aggregate- $2,000.00, Products COMP/OP A00- S2,CW,000, Emp. Son-S1,000.000. Automotive Liability: Combined Single Limit-S1,000.000. Exeeas /Umbrella liability; Each occurrence- 55,000,000. Aggregate- $5,000.000. Workers Compensation and Employers' liability: E.1- F.ach accident- S500A00, C.L.Disease Ea fstriployee- $500.000, E.L. Disease Policy Limit- 5500,000. 6. SURCONTRACr( pFRFOPMA CE 6.1 Subcontractor shall start work at the site within three (3) working days after notice from Contactor and shall supply ;sufficient labor, materials. equipment and/or services to maintain progress ot` the work of the Subcontractor to the satisfaction of Contractor and perform the same at such times and 1110ces as designated by Contractor. In the event the Subcontractor delays the progress of the work of Subcontractor car the furnishingo f labor, matcrials, equipment, and/or services or litils in the peribn$ance of any of tho provisions of this .Subcontract. or employs men or uses matcrials or equipnern which may cause strikes or other labor troubles by workmen or other personnel employed by the Owner. Contractor or other contractors or suppliers at the project site, or if it should make a general assignment for the benefit of its cn:dilors, or if 9 receiver should be appointed on account of its insolvency" inability to meet its obligations, Contractor shall have Lite right to cancol this Subcrootract upon three (3) working days' written notice issued to Subcontractor. In the event Subcontractor fails to appear as the site within the. time period prescribed by Contractor or fails to employ suticient labor. materials, equipment and/or serylecs, to the satisfaction of Contractor, Subcontractor shall be deemed to be in default and its Subcontract terminated without further notice from Contractor. to ease of such rotmination, Contractor may take possession of all the marerlals, tools and equipment of Subcontractor on said premises in order to finish the work by whatever method Contractor may deem expedient, Subcontractor shall assign all applicable sutaeoritracts and purchase orders to complete Subeuntractor'S work. and Subcontractor shall nor be entitled to receive any further payment under this Subcontract until the performance of the Subcontract has been completed by Contractor or others engaged by Contractor, at which time if the unpaid balance due Subcontractor exceeds the cost of completion, said amount shall be paid to Subconu= in full payment of any and sill claims of Subconaactnr under this Subcontract: provided, however, that in the event the costs and expenses exaced such unpaid balance, the Saboomractor (a) agrees that it is not entitled to any further payments hereunder, or for any other claims it may have under this Subcontract, but on the contrary. (b) agrees ?o knume entire responsibility and liability for and to indemnify and save harmless the Contractor from rsuctt excess costs and Wenscs, which "I include any and all casts and damages incurred through the default of Subcontractor, as well as consequential damages for dolay or otherwise. Natwidistm?ding any such termination of Subcontractor hereunder, Subcontractor shell remain responsible for the work which it performed prior to the date of termination. 6.2 Contractor shall have the right to terminate this Subcontrae i, by written notice, without Subcontractor being at fault, for any cause whatsoever or for Contractor's or the Owner's convenience and require under such circumstances that Subcontractor immediately stop work. Subooeuutor shalt place no further orders or subcontracts 1'or materials and promptly obtain cancellation upon terms satisfactory to Contractor of all pumhasc orders, subcontracts existing for the performance of the terminated work or assign those agreements to Contractor as directed. Upon any such termination, Subcontractor shall waive any olaims For damages, including loss of anticipated profit but Contractor shall pay to Subcontractor all amounts due and not previously paid to Subcontractor for work completed in accordance with the terms of the Subcontract prior to such notice: of termination as well as for any reasonable cant:eltation charges incurred arising out of the termination of the work under Subcontracts or Purchase Orders. Any default termination, suhsoquently determined to have been erroneous, shall be treated its a termination for convenience. CC'HEDUI .I. Subcontractor acknowledges that the entire Project must be complete and ready for use to the Owncr's satisfaction in accordance with the schedule developed by Contractor. subject to agreed upon extensions of time. Subcontractor agrees to complete its work in accordance with the schedule developed by the Contractor and that he/she will bear responsibility for any delays (including any penalties or damages assessed) arising from its work. g, WAiV .RF OF i lEa The Subc:onvactor. for itself and anyone Last acting or claitning through or under it, for and in consideration of the Subcontract and the considerations mentioned therein. and intending to be legally bound hereby, does herchy waive and relinquish all right to file a mechanics' lien. claim or other lien or claim ofany kind whatsoever or maintained against the improvements or the estate or title of Owner in the Property nr the cunilage or curtilages appurtenant thereto, by or in the name alTontraclur or any subcontractor, materialmen or laborers for work done or materials furnished under the Subcontract or by any other party acting through or under them or any of therm for and about the improvements or the property or any part thereof. or on credit thereof, and that all subcontractors, materialmen. and laborers on the work shall lonk to and hold Subcontractor personally liable for all subcontracts. materials furnished and work and labor done, so that there shall not he any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under that Subcontract for and about the erection, construction and completion of the improvements, or under any contract for extra work, or for work supplemental therein, or otherwise. Subcontractor acknowledges that Contractor has filled and recorded a Waiver of Liens with the Prothonotary's ofticc, Cumberland County, for the performance of its work on this Project. Subcontractor shall execute and return, simultaneous vrith its Subcontract Agreement, the Waiver of (.ions included with ice Subcontract Agreement. r. C1,EA?._!IP Subcontractor shall clean up and remove from the premises silt debris caused by execution ofthe work of this Subcontract hereunder and will pay for any breakage or damage caused by Subcontractor. Upon failure to remove such debris or to pity for such hrcakage or other damage, Contractor may remove said debris and replace property so dsmaEcd, end cnsuge the cult thereof to Subcontractor. 10. IIOISTINGIE?t -' VICF Should Contractor or any or its other Subcontractors prnvide any special hoists or elevator service for raising of this Subcontractor's workmen or other personnel or materials. then it shall be at the sole risk and responsibility of Subcontractor and/or its employees, which is hereby assumed by Subcontrattot r. 11. PRO'rFO,rtpN Q(•' PRDPERTY Subcontractor is fully respnnsible for loss and damage to its property on the tire, including tools and equipment, and shall take necessary precautions to prevent vandalism, theft, burglary, pilferage and unexplained disappearance of property. Irrespective of whether Owner is obligated to provide security on site, the (honer shall provide the property insurance for work performcd under the Subcontract: however, Subcontractor is advised that to the ement any loss is not covered by slid insurance, or subject to any deductible or co-insurance, Subcontractor shalt not be reimbursed for :-?ume. 12. SAFF,('Y 1'11c Subetat"cuir shall be responsible to the Contractor 12rr currtplianco with ail federal, state and local laws, ordinances, rules and regulations during Subcontragt'x performance nn and in connection with this Projcrx Subcca?traeur shall indcmnii3, the Contractor for any and all expenses incurred by the C ontracitir for find, penalties and corrective measures resulting frtltn acts of commission or omission by Subcontractor, its agents and employees for titilure to comply with such safety laws. ordinances. rules and regulations. Consistent kith this cads Subcontractor shall furnish Contractor with a copy of its Luss Prevention Program, its MtrSrd Communication l'nlgrarn pursuant to 29 C.F.R. 1310 of se0., any,Material Safety Data Sheets as may be required by applicable state law, along with all other relevant reports (eyuirod by the foregoing laws, ordinances, rules and regulations. in addition, each Subcontractor shall comply with applicable requirements of labor law and regulations OHM Commonwealth of Pennsylvania, Applicable to safety and the authorities having jurisdiction over samc. Subtuntractur recognizes that under the Pennsylvania Worker and Community Rights to Know Act, certain information must be made available to both community residents and employees regardingharardous; substances which Subcontrauor may bring on the job site. This includes preparation and submission to Contractor ors hazardous substance survey farm providing a listing of hazardous substances which Subcontractor may use or bring on the job site, us well as Material Safety Data Sheets (MSDS) providing detailed information on chemical subsutneet used or brought on to the job site. All containers brought on the job site containing hazardous substances, hazardous mixtures, xing)e chemicals and single mixtures must be properly labeled. 'Tile Contractor's solicitation of MSDS from each or its subcoranctors is exclusively for Contractor's we and will not relieve any Sthbcomractor from maintaining its own file of MSDS or otherwise, complying with the Pennsylvania Worker and Community Right to Know Act. Laeh Subcontractor shall be responsible for any violations of the foregoing laws, ordinances, rules, regulations, including payment of costs involved with correction of violations, heating, or appeal procedures and claims and/or lines associated with said violations. Opm discovering or being advised that any portion of the Work is or may be In violation or uonflict with any laws, ordinances, rules or regulations, or is rciected by any governmental action. Subcontractor shall immediately uurcct and replace such violative, conflicting or rejected Work. in the event olat Any expenses are incurred by Owner and/or C'onlractor or claims made against Owner and/or Contractor in connection with an audit. proposed or noutil t violation, or a legal or administrative procebding arising from any conditiorw. practices. acts or omissions or Subooriviector for violation of any of the foregoing laws, ordinances, rules, regulations, then Subcontractor shall hold Owner and/or Contractor harmless from and indemnify Owner and Contractor from SubenntraeLLWt neon funds against all costs and expense, including Owner's and Contractor's attorneys' rocs, litigation costs and expense, damages; and penalties which Owner and Contractor may incur by reason of'Sobcclntraotor's failure to comply with the aforesaid standards as set fan'th hereinabove. Such costs shall be paid from Subcontractor's own funds and such amounts shall not constitute part of the suhcontraci Price. Should suit amounts exceed the amount of the costs due or to became due to Subcontractor then held by Contractor, then in that event Subcontractor shall pay to C.ontracfor such di)Terchtcc immediately upon written demand from Contractor. 13. YRL'',1(A(LII?Ci ftK[?l nl?BGL?f:N'fS Where required under the Principal Contract, Subcontractor shall comply with the current prevailing wage rates of the vicinity for the wort; as established by tike United States Dzpartment of Labor. A copy of die Wage Decision thall he famished to each Subcontractor, As evidence Of Subcontractor's compliance with same, Subcontractor shall submit, on it weekly basis, certified payroll forms (Federal Form WI-1-347 will be accepiabic). 14. 2AXU .Suhcontr3ctor, for the price provided in this $ubcnnrract, hereby accepts and assumes full and exclusive liability for, and shall indcmnUy and save Contractor harmless against the payments of any and all rnxcs and contributions or prcntiunhs for wicmployment Insurance, workmen's compensation, retirement, health and wclfaro or disability. and any similar bcnctia, which may now or hercatter he imposed by law or by collective hargaining agreement measured upon etc payroll, income, wages, salaries or other remuneration of employee§, by whomsoever employed, engaged in the performance of the work included in this Subcontract and all sales, use or other taxes levied or assessed against Owner, Contractor or Subcontractor. arising exit of the Subcontractor's work, including, but not limited to. taxes on any kind Of matcrials, articlts or equipment. Contractor may. in its sole discretion, as a condition precedent to payment hereunder, request production by Subcontractor of evidence satisfactory to Contractor that all obligations contained in the within paragraph have been paid in full as a condition to making any payment tt6ethcr final or otherwise hereunder. 15. WA&UNTY Subcontractor hereby guarantees all labor, materinit, equipment, services and work furnished hereunder against all defects which may develop within one (1) year from date ofJrnal crAmple/ion or within the guarantee period set forth in the Contract L\xumctits, whichever is longer. Pursuant to such guarantee. Subcontractor agrees to remove, repair and/or replace, as Contractor may require, without charge w Contractor, any and all defcctivc workmanship, materials, equipment told work; ern pay any and all costs, expeneea and damages, including labor charges. in connection therewith, as well as lbr removal, repair and replacement of any other work which may he damaged as it feb'ult thereof. to remedy any dcrects, talent or patent. except those due to ordinary wear and War ur improper like and maintenance by any entity other than Subcontractor. and to pay for all damage to the property orthe Owner. the Contractor or any other party resulting therefrom. Such corrective work shall be accomplishod within seven (7) days or, it such correction cannot reasonably be completed with such seven (7) day period, such other periods as reasonably established by Contractor after receipt of notice from Contractor to do so. All guava uc s and wiawtics herein provided shall extend to the Owner, or other awarding authority, and to Contractor. The foregoing shall be in addition to, and not in lieu of, any and all warrantics and remedies provided by law or required under the Contract Documents. 16. ASSIGNMENT. The Subcontractor agrees (a) that it will not assign this Subcontract or any moneys due it, or to become due it hemunder, or sublet any portion of the work without first obligating written consent of the Contractor, and (b) that Contractor shall have the right to act off against my moneys due Subcontractor under this Subcontract any daitn or claims against Subcontractor, whether arising under this Subcontract, or any ether Subcontract or Subcontracts between the parties hereto. 17, ANCrI_S No additions. doduetinns, or charges shall be made in the work included in this Subcontract, nor shall then; be any charges for premium time, except upon prior written order of Contractor. Said order shall specify the amount of additional compensation or credit to be applled to the amount of this Subcontract price. The Subcontract pric shall be adjusted only upon issuance of it fully executed change order signed by Conlr amor and Subcontractor, Allowable change order mark-ups may be round ill Article 7 of the Suppletnontary Special Conditions. t) _ RELATIONS IN. Subcontractor will be held to be thoroughly 1'wniliar with all conditions sl1'eating labor in the neighborhood orthe Project. including but not limited to and any wage decisions applicable to the Work. The Subcontractor shall assume responsibility to the Contractor ror all costs resulting from die failure to verify all conditions affecting labor. L•aelt Subcontractor shall be responsible for the nnaitticnanc¢ mid observance mt'sound labor practices by itself and its subcontractors, and shall Luke all steps reasonably nceessary to avoid labor disputes and the potential delay and disruption arising ihereli'om. In particular. the Subcontractor shall assure that the trade Subcontractor shall cause all work to be perlbrmcd. If. after the execution Of tllis Subcontract, Contractor becomes aware that Subcontractor is not a party to said agreement, Subcontractor shall be liable to Contractor for damages resulting from delays incurred or due to cdnccllation Of the Subcontract Ag;reomem. In the event of labor difficulties (including;, but not limited to, strikes, walkouts, picketing, boycotts. or inability to obtain a sufficient number of competent labors Or mechanics), which interfere with work. or any part thereof, it shall bo die responsibility of the Subcontractor to take all measures necessary and possible to insure the project's progress and completion as prescribed by the Subcontractor's time schedule including, but not limited to, seeking injunction relief in ati appropriate Court, filing an unfair labor practice charge(s) with the National labor Relations Hoard. discharging employees who engage in an unprotected Strike or wnrk stoppage, or any other applicable Icgal or equitable action rotated t0 the aforesaid labor difficulty. Subcontractor shall indemnify Owner and Contractor against any and all loss, claUn6 or suits (including costs and attorneys' fees) for or on account of any alleged unfair labor practice charge to which Owner or Contractor is made respondent or other legal ar equitable action related to the aforesaid labor difficulty In which Owner and/or Contractor is a piny and which occurs in connection with (he perfcrmarim of this Contract. 19, !QyfKr?ML 1n the event the Contractor requests that Subcontractor work overtime to cxptdite fins) completion of the work at n time when a Subcontractor is not in default of any of its obligations. Subcontractor agrees to work said overtime, and the Contractor Shall Pay Un)y the $ubcontrartor'; extra labor cost over the amount for regular time, including additional irguraticc and taxes, No conml.tsion orfee, profit or mark-up avill be paid to Subcontractor do account oJstrch overRrne nor will the Subcontractor be paid or olloeed any damages or extra costs rc9td Ling"front lost EfficienCy. 20. -kQU& EMP rJ..ZYMr-N1 2P t NIT No discrimination shall be made against any employees, or in the employment orany applicant, because of age, race, sox. color. crud or national origin, and Subcontractor agrees to be bound by and to comply with ell of the provisions of the Contract Documents pertaining thereto. Subcontractors further agrees to execute and return the federal Contract Compliance Non-Discrimination Clause Agrecmcnt, included herein, along with its Suboontract. 21. q-AIM In the event that the Principal Contract provides for the arbitration of any of all claims, disputes ur other matters in question between the Owner and Contractor thereunder, or with respect thcrctn, then all claims, disputes and other matters in qucsuon arising out of, or relating to. this Subcontract, or breach thereof, shall, at the sole election of the Contractor, be decided by arbitration in the same manner and under the same procedure 25 provided in the Principal C:ontrism with respect to disputes between the Owner and Contractor. Subcontractor hereby agrees that Contractor shall have the right to include Subcontractor, by oonsolidation, joinder or in any other matvwr, in arbitration proceedings involving the Project, irrespective of whom originally init iated such proceedings. The foregoing agreement to arbitrate shall be speci fieally enforceable under the prevailing arbitration law. The sward rendered by the arbitration shall be final and judgment may be entered upon it in accordance with applicable law in any Court having jurisdiction thereof. Pending detennination, there shall be no work stoppage. 22. wCEUi &0Q!jS 22.1 in the event of the termination of the Principal Contract. this Subcontract shall also be terminated, upon written entice ol'Contractor to Subcontractor, and Contractor shall only be liable for labor, materials. Articles and equipment furnished, and/or materials and equipment ordered for the Project, to the date of receipt by Subcontraator of such written notice of termination. but only to the extent Subcontractor is liable for same. t )port Such notice of torminatiun, Subcontractor shall waive tiny claim for damages, including loss of anticipated pTo fit. 22.2 it is understood and agreed that Owner has the right to approve or disapprove the employment of this Subcontractor, and in the event that Owner does not approve this Subcontractor, this Subcontract shall hccntnt null and void, and neither party shall have any obligation in the other hereunder. 22.3 Subcontractor assures the Contratior that in the puinnnance of its Work hereunder and the employment of individuals for same. Suhcontraciors shall comply with tht provisions of the Immigration Rcfonn and Control Act of 191116 which makes it unlawful (i) to hire far employment a person that the employer knows to be an alien unauthorised to work in the United States, or (ii) for Failure to comply with the employment verification and record keeping requirements of the Act. 22.4 1-he paragraph headings contained in this Agreement art For reference purposes only and shall not in any way affect die meaning or interpretation of this Agtotment. 22.5 Each party hereto represents and warrants to the other that the person executing Otis Agreement iS duly imthoriied to so execute this Agreement on hchaif of the party for which it iS executing this /agreement. IN WITNESS Wlll:Rf OF, the parties have c+cocuted thir. Agreement as of the date Rrsl written above. $111EICONTRACT01k RP PATIE LLC By.. - Print Name; 1__liW Title: Uale: u CONTRACTOR SwaFC Utt_t)EY2S, IN 13y: _ ------• - 'title: ? ` ?- pate:...*2` pTo-_ .- PROJECT: APEX VLLLAGrE - ADDENDUM A SCOP$ OF WORK: 1. Construction survey, stakeout & as-builts by Owner 2. Installation & maintenance of erosion & sedimentation controls through substantial completion of BP Paterson's scope of work 3. Strip & stockpile topsoil up to a maximum depth of 12 inches 4. Excavation and filling of borrow pits on site with excess topsoil 5. Provide and haul off-site borrow to site 6. Modify grading in building areas to allow for foundation spoil 7. Basin grading per the above Basin Grading Plan 8. Topsoil replacement in basin only 9. Seeding and mulching for the purposes of stabilization for all disturbed areas within the limit of disturbance, permanent seeding in basin only 10. Sanitary sewer system construction per Cumberland-Franklin Joint Municipal Authority specifications 11. 4" SDR 35 sanitary sewer laterals terminated between proposed sidewalks and proposed buildings 12. Storm sewer construction per PADOT standards including 2'1of 2A stone bedding on both sides of pipe 13. Removal of existing temporary risers and replacement with permanent outlet structure in basin 14. Water system per Borough of Shippensburg Authority specifications. Water services to be determined later. 15. One 4' sewer lateral included for clubhouse 16. Construction of stone emergency access drive EXCLUSIONS: Any and all items not specifically mentioned in the above Scope of Work are excluded from this proposal. These items include, but are not limited to the following excluded items: I. Engineering, tapping fees, bonds, permits, inspections and other fees (PennDot, Township, Engineering and Utility). 2. Liquidated damages. 3. Barricades and pumping or de-watering for others- 4. Testing and retesting of soil, soil compaction, blacktop and concrete. if awarded this project we would like to be copied on testing reports related to our scope of works. 5. Benchmarks, property lines, building corners or monuments. 6. Fine grading of building pads. 7. Topsoil replacement outside basin. 8. Topsoil & tripping or replacement for any borrow areas outside the limits of disturbance. 9. Winterization, snow and frost removal. 10. Erosion matting. 11. Removal and maintenance of erosion control measures after our scope of work is completed. We will no longer be responsible for erosion control once we have demobilized. 12. Repair of any soil erosion control measures damaged by other contractors and any related fines. 13. Underdrain. 14. Construction and/or maintenance of access roads for others. 15. Handling, removal, and/or replacement of unsuitable, contaminated, or toxic materials. 16. Cra=bo, horseshoe pits, volleyball &c basketball courts, gate at access drive, signs or line painting. 17. Work for utility pole removal and/or relocation (on-site and off-site). 18, Work for gas, electric, telephone, cable and site lighting. 19. Concrete pipe encasement. 20. Water backflow preventers. 21. Meter pits or piping/fittings in pits. 22. Remove, relocation, or protection of utilities or structures not shown, or incorrectly shown on contract drawings/documents. 23. pedestrian paths, concrete flarwork or stone base for sidewalks, dwnpster and miscellaneous pads. 24. Temporary seeding (other than as specified above), sodding, landscaping, and soil amendments. 25. Sinkhole repair. 26. Rock excavation (see unit prices). 27. No de-watering of trenches or, site. 28. No as-built drawings. e'er '9 l/.vFo,Lss?? y, ,Yec?e- pot "Oetoxi Roct a? O6?! o?S ?k?oN 5 C'6 Gxts?crtc? . Subcontraot No. 518-01 Page 2 of 2 THIS INCLUDES: > Scope of Work per attached Addendum A 7 Schedule of Values E&S Total $60,905.00 Excavation $216,413.10 Sanity Sewer $248,440.00 Storm Sewer $164,103.00 Water $168,622.00 Basin $36, 895.00 Blasted Rock Excavation $84,000.00 Stone $130,000.00 CONTRACT TOTAL $1,109,378.10 Projected Cost for Blasted Rock $154,000.00 All Excess Topsoil and Dirt will be placed adjacent to job site, no further than 100 ft from property line on Mike Gkvy's properlt3 GRs?S?DyS EXCLUSIONS: ?C? ; - Per attached Addendum A END SCOPE OF WORK Initial EXHI 1? T B UST OF DRAWINGS Site Construction plans by Fischbach Morgan & Associates, LLC dated 12/22/2006 with revisions made on 08/06/2007: Sheet S Date Sheet Title CD-00.01 8/62007 Cover Shut CD-051 8!62007 -Existing Conditions and Subdivision Plan CD-0 2.01 8/62007 Site Plan CD-02.02 8/62007 Geometric Layout Plan /? ti ? CD-03.01 8/62007 o ?s Grading and Utility Plan'- tdi s. CD-03.02 8162007 Grading and Utility Sot Detail Plan CD-03.03 816/2007 Grading and Unli Sot Detail Plan CD-03.04 8162007 Gmdin and Utility Sot Detail Plan CD-03.05 8162007 n ra CD-04.01 8/62007 Profiles: Road CD-04.02 8162007 Profiles: Utilities CD-05.01 8/62007 Li htin Plan CD-06.01 8/62007 Details CD-06.02 8/612007 Details CD-06.03 8/62007 Details CD-07.01 8/6/2007 firosion and Sedimentation Control Plan CD-07.02 B/6/2007 and Utili Sot Detail Plan di G Erosion and Sedimentation Control Details m 12 a z W Q a w a J 5 w a to c 0 -I SSI b,? C 8`8 N, I I I 1 OI O ?t O; NI I wi i 1 I ri I 1 1 I I 1 I i i 1 I gl 1 f I 't I 1 I 1 OI O ?I I J! S; S pp( ? O' Ni m q I I p1 $I $ SI O; N I I WI i i 1 1 I I 1 r? I I I I 1 1 1 , I 1 I I f I I I , 1 I , w ea( P( ?I of ?I i i 1 81 OI , I r, I I ? 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I l I I I 1 1 I I I I I r n / 1(n r 1 I I I I I 1 1 1 I IW I I_ Imo, I$ I, I? to 'o IN`' Ic to to Ivr Ic I I I l 1 I I I I I 1 l Is I 1 L 1 Iw?wl-°In la I`?Q IU~Qi I? ," lRl? , SKAFFER W1111 DFAS, INC. F-01-U ry 9, 2008 :B. P Paterson, Inc 5;7 Kingwood Xmd King of Prussia, PA 19406 Re: Apex Village - Change Orders Dtax Pat. This is in follow up 1'o the discussion an site 2!51'08 and your subsequent re nest for signed change orders iced to d>e office. The change ord(a process is that M) will verify time OM-Y. This time verification plus the material slips need to come to the office for approval of the chwge order. Tars will ftn prepare a supplement to your xntract. pur staff had a meeting on Friday 2/809 to discuss the changes and my accountar t has worked tip some of the numbera and verificalions for our use. Basal on that meeting, the full.o`aring is an ana.ly9is of the charge orders ax this time, '1 ?Dra #1_- T?eni - Thi6 was a :.loge you instituted. o #? - This can be billed, on the net ? ?applii ation for pament c ?Bpll-oved - g rdet #3MA1 ov . - This can. be billed on the nexi appHostion for payaseut. ?`h tag ?}dar - Prndina - Please provide when this was daze.? Is thus t1.6 complete clang6 order'? please provide time charged and material slips. Ch Wider This can be billed on th6 pan application fax payment. Qgnft _Qrd 46 - -'lea original desip did not have 36" pipe,-howevor, yot.r proposal (after design change) included 36" pipe. There is not another 498' feet of 36" pipe. Fischbach sheets has 407', not 488'. Please advise. C:ba-M Order 07 - Denied - Froatt conditions. As long as you were able to dig, there is im ]-eason for an additionai cost for this. Please feel flee to contact me (o discuss afid/or prOVide the answers alld 111'P S fbc tlXr)se that require approval.. Sincerely, r M 401 East am Stroot • ConshohooKen, PA 19428 • (610) 825-9129 4 Fax! (610) 825-9120 f eb. 12. 2008 8:59AM ? ?%•- -: -u oVas, ikc. Febamry 8, 2008 B. P. Paterson, Inc. 537 Kingwood Road King of Prussia, PA 19406 Re: Apex Village Bear Pat, No. 9090 Y. 2 VIA FAX & MAIL This is in follow up to our discussion on Tuesday, 225/08 at the job site. QveraU job progress is behind. All trades need to get back on track to make deadlines. on Monday. Pebnwy 11, 2008, we expect for you to have an additional crew on the job to facilitate getting back on track. If this means your crews will need to work weekends, you need To do that. If by February 25, 2008, you do not have the necessary men in place to bring the job up to date, we will be supplementing with another contractor. Sincerely, A Rick Shaffer l , Dr, Paterson, Inc P.O. Box 147 Bridgeport, PA 19405 Rick Shaffer S!L ffPr Biaildes- 401 E. Elm Street Conshohocken, PA 19428 February 16, 2008 Dear Rick Shaffer, As per previous correspondence on job progress, most of your currGSpondenc:e to me going back to your )eater dated February 8'h has information stated on those letters that is incorrect. Please be advised that as of Jannuarv 291b, 2008, two crews were digging laterals on campus and in seven (7) different instances rock had to be re-shat. In response to your statement that two crews were necessary, please: be advised that they were on site prior to vns:r ?,.{?narv Rib fav As far as the wafer main start i3 concerned, we had no )ay-out until the end of the day, cu?.uns y I .C, w aiei iuee pipe wcu deuvei?u c?euoy, i GbI'UW } b ?y c .-A-ere iviu UI 4hu previous days, that we would have the lay-out to start on February 12'"; however the surveyor did not show the 11 m or 12a`. another delay out of BP Patersrn's control. We had already ordered ttte pipe to anticipation of the ley-out. Also sanitary tut sheets we7e not forward to us until l 1:00 AM, Friday, February 150'. Due to this delay, we could not start manhole run R to T or 1t to V. However, testing frr?rn manhole J through P including Q was completed and passed on February 15 1. S ircere pc::: cry ss , D?+-&on SP Patetson,lrc F.O. Box 1 47 Bridgeport, PA 19405 Rick Shaffer Shaffer 401 E. Earn Street Conshohocken, PA 19428 February 16, 2008 Dear Pick Shaffer. As a follow up to our previous letter dated Fcbrtaary 6, 2008;1 tun again requesting a breakdown of our adjusted payment ;application to accompany the bank chick and/or the Partial Release and Wavier of Liem Now can I sign a release without knowledge of w•hai the bank has approved for payment? Furthermore, l cannot accurately complete my next application for payrntnt without knowledge of the items that the berth did not approve. fi c ^f thyg irrter S aaro, 1 Still rsavP rnt r n??vxl thr ?r??lrrinvtn fist thr t.nvm,ht !x+rr" application #;. ;`low I have a wavier isi front of me to sign for appliutian 44 which has also been "short laid". 1 reiterate that a breakdown of the paymew application needs to be flu warded u-i a iiI:i iy iliaiu+ai. A.iso be advised the delays affect fny ability to hilt for change orders and materials on site. Please note that there is matenai that tw been an site for over at? days. I appreciate your prompt attention to this matter.. Sincere! Patrick R. Paterson BP Paterson, ine A.O. Box 147 Bridgeport. PA 19405 Rick Shaffer Shaffer Nulrl?rs 401 E. Elm Street Conshohocken, PA 19429 February 16, 2008 Dew Rick Shaffer. In re,Vonse to your faxes dated February a and I Sd' concerning additional crews needed can site; BP Paterson did acid additional manpower to this project. Furthermore, in your ff-M rt tiwti l+ebr ary Rd' vnit Stated thAr ifh? Frl,ntRTV 151h, 7009, Y lid nnr "Ilikyt, rtip necessary men in place to ruing the job up to date" that you would be "supplementing wirh another connector". This statement is in direct conflict the your fax dated February Ctb t J , iiif'orml-rig tut, that n5 vt the %Tj .4 C. v, ctrk udy UU : ilu:a;, i C ?i uauy , ., t,t g : a i to `'cease installation on all the water service related items" and that Sbai:.ler Builders has .'engaged the services of an altemate contractor for the water utility services". BP Paterson considers this to ife mare than a supplemental contractor and a deviation from. your prior deadline of February 25, 2008. Please note that BP Paterson as of Friday, February gd' has heel significant material on site for the water utility services. Please be on notice that RP Paterson will be seeking the advice of legal counsel 1711 regards to this contra item. BP Paterwn does not wish to damage our working relationship or any proemss on this project. We will continue to work steadily with conditions available to that end. Si*ice*.lw Feb. 15. 2008 11:48AM )?1! rl 1- f SHAFFER BUNJXMC, INC. February 15, 2008 B. P. Patcason, lnc. 537 Kingwood Road King of Prussia, PA 19406 Re. Apex Village Dear Pat, This is is follow up to our discussion today - Friday, February 15, 2009. No. 9135 P. 2 Overall job progress is behind. All trades need to got back on hack to make deadlines. Your efforts to maintain and get on schedule have not been realizcd. We have engaged the services of an alternate'contractor for the water utility services. As of end of work day this Friday - February 15, 2008 you are to cease installalions on all of the water sorvice related items. An evaluation of installcd operations will be undertaken by our site superintendent and your per5ound to establish the status. Your efforts elscwbare on site are requested to bring the site work to schedule. Sincerely, ene Miller Projcct Manager Shaffer Builders Inc 610-825-9129 401 East Elm Street 0 Conshohocken. PA 19428 • (610) 826-9128 • Fax; (610) 826-91 ao FAX COVER SHEET TO:-J.` S FROM: DATE: TOTAL PAGES; INCLUDING COVER SUBJECT: --5 EXHIBIT B RILEY HOLLIN JEANET M N. SIMON C01 AGP E CO Jenny@,mhc.com A T T O R N E Y S AT L A W Ex. 240 Shippensburg Apex, LP 401 East Elm Street Conshohocken PA 19428 May 23, 2008 Via Certified Mail Return receipt requested reply to Paoli Re: Apex Village Proiect, Rocktowne Student Townhome Community, Asper Drive, Shippensburg, Pennsylvania To Whom It May Concern: Please be advised that this firm represents the company, B.P. Paterson who is the sitework subcontractor for your contractor, Shaffer Builders, Inc. A sum in excess of $191.806.70 is presently due to B.P. Paterson for famishing and completing the site work, including excavation and removal of rock, for the above-referenced property located at the Apex Village, Rocktowne Student Townhome Community, Asper Drive Shippensburg, Pennsylvania. B.P. Paterson completed the work for which we are making a claim on April 22, 2008. This letter constitutes formal notice pursuant to 49 P.S. § 1501(b.1) of our intention to file a mechanic's lien claim for B.P. Paterson's work on this project. Sincerely, JNS:sjf RILEY RIPER HOLLIN & COLAGRECO &/(IZJ eanette N. Simone, Esquire www rtitc-lawcorn 240 Daylesford Plaza Post Office Box 568 Paoli. PA 19301-0568 610.647.5800 Tel 610.647.1580 Fax 312 West State Street Second Floor Kennett Square. PA 19348-3025 610.444.8800 Tel 610.444.6599 Fax V.- nfFi- P- 17r,% F-- PA 19341-1265 610.458.4400 Tel 610.458.4441. Fax I ------ -- - ---•- - - - - -- - - -' MI !i; FPS 'W ° A ¦ Print your name and address on the reverse '' . ''?? ? -C3I 1d? so that we 12 rettim the card to you. ¦ Attach this grid to the taa:k of the manpiece, k : ' by l ,f^?/C - C - DIM of D*.wy T or on the front 0 space permits. ' 1 Q Amide Addressed to: 1 D. Is d*.wy eddrms dMferent horn item 1? ? Yes . if YES, eater delivery address bebw. M No i Shipp6urg Apex, LP X401 'East Elfin St. i; PA 19428 k ho e c Consho die , CwWW Mal D Mall ? 0 Rapt t sd jR dar i Receipt for Me dmxbe 13 hand Mal O C.O.D. 4. Reetrlcbed Delvay! Pft Fes) p Yes 2i4r°""aber 7007 2680 (itarisifarlhxnservtcelabelJ: ?. 0003 2199 2875 PS Form 3811, February 2004 Domestic Reh m Receipt 10259S02-WIS40 EXHIBIT C 061/26/2008 17:21 6102656327 CD ?I O U A r Q C m 3 u W sO uJ ?q T C. r US 4(0.) h r o> -p r aq O 2 C Cob a S `o En.X CM u m22 PATERSON J V. %- N K 0 m Q c J N o Q $ c O m v F- a t9 v? 0 m C t V d C m 4 v? • 'O PAGE 06/26/2008 17:21 d1 V pN N N r 6102653327 PATERSON m $S .Sg S o g t p40f1? rli N -4 ? 1u c M.0 'c w ? Q N m a h IL k c m M W L Y @)Due m H O m W C raj o? e S w 1 mr to in r) C Vl V `" N rn ? M M 4 a ' in'a 1 42 c m 0 c I V, cl - 4 ? r C v ? Q E a w a F- a g IL !; E LL M W ]d 0 n 1 V ? a y PAGE 03 I 06/•26/2008 17: 21 m? .0 C ca V 6102653327 PATERSON g ? g ?i N 0 w * CM ti ?o 0 U a* N Q Of V- a a c 3E m W O A ? C T S a ,Q ?a 3 ?e M ? o c m?5t a O v c E W A O A CIO U 0 as a? to m ?c w W •? C6 _. F O Q o ? F4 0 cm m C K ? ? 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M I.L O m CD C L U m n a m c C °' A o ty, ? ?I a E a . $ as ® eo Q s ?s tons 7- IL CL IL U) H - co R. _p 9U C> vU O C ? C Q Y ?a am h ? a G 0 L V w O ? Q m= cm J O V b 'Q N e6/2.S120ea W O 0 Q U 171:21 6102653321 m N Q r d CD w O W tie a o ?-- V) $ c) I 19 I R? oa ?a 3 a c ? 0 L° t a a ? o a n c fn m c w? e o? a m 'a E ? ? Ems . a L pp go 0 j8c 50 z a; 3 0 cma? LM r. a 00 M C 0 ? o=?E o ooh ao ? ; 'o o W?? ? -0 E E a m o .. w 0 3t ?a N N O a V v n Q M r x .$ k a c7 all Ia a 0 a ca C r'A i tKDUN 0 N N ti 0 V? E • c 4 0 ac ? C a am d E 0 r v? Q V ? t- 06/26/2008 w a: O W 0 Z Q U 17:21 n a C s Y 00 a o Lri I g a O e ad Y ? m 4 C 1a wb X 6102653327 0 IJH I LKbUN rr;?ac uz ???? ? $& VH ?7 Q s pS 8?;, 811" NNE 1f?SM} K7 ? ? co o N d Y V a? r ? m r A ? ? ? Q ? a`? ?Gl? ? ?5 xx?O W ? b$ %x-0? 3 ? Qle C r- ?B m~ o ?- pa 0 Gin fn 1-1 ? : Wm Nr 11411'-198?Mc,? ?JQ B ? c ?m ? ? Q M 06!426!2003 17:21 6102653327 PATERSON PAGE lb 11 W W Z a U W N co 9 a E po m M Q W N T Cn C0 I 8a W c a d CL m $cc a Y a, CD a ? L C t pry W s •? a F- ?lj N N Yi a ? q V r m ? ? ?? R N .?.r V s A ?^ 7 20 v o l7 ew r4 r r . r r 000000 T !' ?" ? c?ir'3r?ic?c'3 O m A r U qt r {A N GA W O Q G C C O. aIL m • 4f c m V 5 Co e4 tt CHANGE ORDER 4n2noo6 From: To: BP Paterson, inc. Shaffer Builders 537 KhVswood Road 401 E. EIm Street King of Prussia, PA 19406 Conshohocken, PA 19428 Job: Apex Villa e Crew Time lost due to Improperly Shot Rock Change Order 011 Nov 27128129: Inlet 8A - Inlet 19 - Inlet 18 Rock not shot in 3 areas 62,120.00 Crew time lost - 4 hours Q 56301hr Dec 11: Inlet 19 to Inilet 2 Rock not shot Crew had to re-start at Inlet 12 $1,590.00 Crew time lost - 3 hours @ $5301hr Jan IS: Inlet 6 Rock not Shot, had to be re-shot 51,060.00 Crew time lost - 2 hours 4k $630/hr Jan 24: Manhole N - Station 1 +67 -1 + 74 Rock not shothnissed. Blaster had to re-shoot 81,060.00 Crew time lost - 2 howl Q 65301hr Jan 30: Lateral Building 200 Rock not shot. Blaster shot trench $1,060.00 Crew time lost - 2 hours @ 66301hr Feb 5: Lateral not shat properly or at all Building 300 - 2 Laterals had to drill & shoot 62,120.00 Crew time lost - 4 hours Q 65301hr Feb 7: Re-shot Lateral Building 400 61,060,00 Crew time lost - 2 hours Q $5301hr Feb 8: Re-shoot Lateral Building 300 Remove rock 8x6x3 from Late W Trench not shot 51,590.00 Crew time lost - 3 hours @ 6 Feb 14: Lateral Building SOO Rock not shot Redlg to side of Trench to install Lateral No Blaster. 3 hours to dig 81,080.00 Crew time lost - 2 hours @ 56301hr Feb 29:0 + 270 to Manhole to dreg boulder Rock not shot property. Had Blaster. out of trench to big. $1,060.00 Crew time lost - 2 hours @ 65301hr NngNqivA LZ6699ZO19 T£:LT 800Z/9Z/90 March 416: 2 Lateral$ not shot Manhole T - U, leftside Blaster had to drill and shoot Crew time lost - 3 hours a $53Whr March 21: Found z sticks of Dynamite that did not Ignite in Trench. tailed Blaster Blaster came out 1 112 hrs later Crew time lost - 2.6 hours ! $6301hr March 24: Found 5 sticks of Dynamhs that did not ignite in Trench, called Siaster crew time lost - 2.6 hours @ $ti30Mr March ZS: Rock not afwmite that did not !Units Found 3 xddo of Dyna In Trench, called Blaster Crew time lost - 3 hours Q $5301hr March 28: Blaster reshot rock EW to Inlet 14 Station O + 20 Crew time lost - 3.5 hours C $5301hr April 3: Blaster re-shot rock at O + 90 Crew time lost - 2 hours @ $6301hr Apri17: Blaster re-shot rock at bottom of Trench at O + 90 again Crew time lost - 2 hours @ $6301hr $1.690.00 $1,326.00 $1,325.00 $1,590.00 $1,666.00 $1,060.00 $1,060.00 $23,685.00 TOTAL DUE: Acceptance of Change order Shaffer builders Patrick R. Paterson BP Paterson, Inc. pp -Invd N0SN31Vd LZ££99Z019 T£_LT £00Z/9Z/90 tin 7C1HJ O1 n d 3 m O a c? ?M a+ ? a -? n C m N W N b z 1 N q? pan `d'e ?_ ce p? C m ?C gn aa?? CL to $ r" m m rn o m a A 1 Q N N CO' C N ? y -1 3 9: OF a V a m ? ce ? N m dl% w s" a a m 3 M M d g 3 0 ; tea w 3 1 D 0 y ? m d 91 m ? a s m 0 0 3 c m Nw b i m n Z O m O v M LZEE99Z019 TB:LT 800Z/9Zi90 I EXHIBIT D ? ? qs 9 4 3 o g T ?a i 7 e I? ID m V O pt P. VnN () mC m o m O?? WT{o "Mme I mS Wg$S mmww 3 ?ff 1? 2 m m 7F? OOj? cg 4y,m mfg QR m t?i icy ? ffi? v? ' 1 ? m p g G ? Apr o m < ?? T °- 1 a o? q M r j ? S O A -? m mJ tr Nm OOS O t ale 0 m 3 3 .p 0 L m n X x b A a z s o V o? O l d d W N 0 ? G OC V O? N? A W = O -. 00 a %o A W N N O 00 t o 3 t o A o: w I f "0 _H c CA = C? SCj? s !n s V1 C : A s V7 W 0 (A 0 . " 7 a G `D a V' s 3 3. S C' C A es ?i O O ? O fA « r ? i'f• 3 j j to n _ _ La ? ro . ?30 no pr a ? ? ?7 ° ? R To D Z W N A lT N O? W W H! W A O H W V/ C? N ? ? L?.. i?? ^_? A A d 90 a W ? A H ?. 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N S N co J +t V W Vpp O Ja VN O? W OD Gan C W '7 W O co 'JVi IJ S 1J S in S Op, O O + . oo O N VJi O 10 O [ p w S =. Ap O S, O S pp O O O S p p O p p 0 i 0 O O S ,. O O S S p S S S p S . - S O O S O O pp p O pp p O O S pp O pp O S O 0 0 O 0 S V ?D W N O O O O QQ O pp O S O O p?p O p~p O O O O O N J O O W w N N O 0 O O O 0 C 0 G 0 G 0 O 0 O 0 O 0 O 0 O 0 C 0 g C O 0 O h1 O C O C O C t? S O O $ C Q O C O C Co C O fJ V O O O 4+ w O Q O Q C O e e \ o e \ m \ o \ o \ m e \° e \ o \ e o e o e \ e \ \ m \° o \ o e o\m e\ 9 e e m e o c o 0 v N w Oho O ' N r-- W o . ^ l ? w v N 0 A 0 ? 0 Q 0 ? rn 0 u Y A 0 c.n O O O 00 O O O O O O O O O N tJ 1.0 N W H_ O+ O H + H J H IJ H H_ irk lY 00 1.0 A N i/f O, H H? H H H H! iA + H in N H OO H 64 ' W H N N ee _ H H OD w is W t V+ 00 ?- ,G W O C a tT O, C Al + O, C O? C J t? Ae O (A Q H! O fA O fA O N? NA i1! O ih O A O w H O 'V w w Oe 0 OO 0 H 0 `C W O 0 O 0 OO W ?J O P to O 0 o 0 ONO Oa, O O S A VJi S O 0 p C 0 OJ O O S O O O p S LA 0 O 3 G? O? z m ° 3 0 - a w a H H A N W H Cn O w a W O A H J w Q ? a ? O w O s m m a cs 4 0 a a H 0 e o° 0 a 3 n m w O 7 O -w Q O Ci C ID 3 w tA 0 o+ tJ O tJ? O A ?') ??a `' C? ?7 ? ' ? . c ;i i?? ` r- Cry W-7?7 ,. .,? =?r t ?: ° . ??:? -- . ?-? ?T c;? • v .. -.? HUGHES, KALKBRENNER & ADSHEAD, LLP By: George J. Ozorowski, Esquire Identification No. 67410 Suite 205, 1250 Germantown Pike Plymouth Meeting, PA 19426 (610) 279-6800 Attorney for: Shippensburg Apex, LP B.P. PATERSON, INC. V. SHIPPENSBURG APEX, LP TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3849 MLD MECHANIC'S LIEN ENTRY OF APPEARANCE Please enter the appearance of George J. Ozorowski, Esquire as attorney for Defendant Shippensburg Apex, LP. HUGHES, KALKBRENNER & ADSHEAD, LLP By: George J. O rowski, Esquire r p zQ r?, ? a HUGHES, KALKBRENNER & ADSHEAD, LLP By: George J. Ozorowski, Esquire Identification No. 67410 Suite 205, 1250 Germantown Pike Plymouth Meeting, PA 19426 (610) 279-6800 Attorney for: Shippensburg Apex, LP B.P. PATERSON, INC. V. SHIPPENSBURG APEX, LP COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3849 MLD MECHANICS' LIEN DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S MECHANICS' LIEN CLAIM Shippensburg Apex, LP ("Owner"), by its attorneys, Hughes, Kalkbrenner & Adshead, LP, files these preliminary objections pursuant to 49 Pa.C.S.A. § 1505 to strike off the Mechanics' Lien Claim of Claimant, B.P. Paterson, Inc., and in support thereof aver as follows: 1. Claimant's Mechanics' Lien Claim was filed on June 27, 2008 against the property known as Parcel Number 36-35-2385-131, Deed Instrument Number 200736421, Asper Drive, Shippensburg Township, Cumberland County, Pennsylvania 17257 (the "Property"), which is owned by the Owner. A copy of the aforesaid Mechanics' Lien Claim is attached hereto, made a part hereof and marked as Exhibit "A". A copy of the deed to the Property is attached hereto and part hereof and marked as Exhibit "B". COUNT I - FAILURE TO PROVIDE NOTICE OF FILING OF CLAIM 2. The allegations contained in paragraphs 1 are incorporated as though set forth herein at length. 3. The Mechanics' Lien Law requires that every Claimant, in order to perfect a lien, must "serve written notice of such filing upon the Owner within one (1) month after filing, giving the Court term and number and date of filing of the claim." Moreover, "(a)n affidavit of service of notice or acceptance of service shall be filed within twenty (20) days after service setting forth the date and manner of service. Failure to serve such notice or to file the affidavit or 1 acceptance of service within the time specified shall be sufficient grounds for striking off the claim." 49 Pa.C.S.A. §§ 1502(a)(2). 4. Claimant filed his Mechanics' Lien Claim on June 27, 2008 and had until July 27, 2009 to serve the Owner with his Claim. Claimant failed to serve the Owner with written notice of his Mechanics' Lien Claim until after July 27, 2009. Upon information and belief, Owner was served on or about August 4, 2008. 5. Upon information and belief, Claimant also did not file the requisite Affidavit of Service within twenty (20) days after service setting forth the date and manner of service. 6. Accordingly, Claimant's Mechanics' Lien Claim must be stricken pursuant to 49 Pa.C.S.A. §§ 1502(a)(2). WHEREFORE, Defendant, Shippensburg Apex, L.P., respectfully requests that the Court strike off Claimant's Mechanics' Lien Claim. HUGHES, KALKBRENNER & ADSHEAD, LLP By: e rge J. zorows , Esq 2 EXHIBIT "A" 0ga/is"" I r RILEY RIPE a NO Simone, Esquire RECD By: Jeanett Attorney Identification No. 88267 P.O. Box 568 Paoli, PA 19301 (610) 647-5800 B.P. PATERSON, INC. 537 Kingwood Road King of Prussia, PA 19406 Claimant Attorneys for Claimant IN N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN V. SIUPENSBURG APEX, L.P. 401 East Elm Street ConshohockeDefe ldants No. 09-3849 MLD CS' LIE CLAIM NOTICE OF MECHAN TO: SHIPPENSBURG APEX, LP 401 EAST ELM STREET CONSHOHOCKEN, PA 19428 June 27, 2008, there was filed in the Court of Common Pleas of Please be advised that on 28, 2008, a true and Cumberland County a Mechanics' Lien Claim, which was reinstated on July correct copy of which is attached hereto. HOLLIN & COLAGRECO By: TPA„ette N. Simone, Esquire 65726-1 RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire Attorney Identification No. 88267 P.O. Box 568 Paoli, PA 19301 (610) 647-5800 B.P. PATERSON, INC. 537 Kingwood Road King of Prussia, PA 19406 Claimant V. SHIPPENSBURG APEX, L.P. 401 East Elm Street Conshohocken, PA 19428 Defendants Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBER.LANDV Off FROM RECORD PENNSYLVA Tqft" WW". I W1811?11?0y?3d My am #0 an A-1 - TWA at MECHANICS' L . No. v$' 3 3'V C/ MLD MECHANICS' LIEN CLAIM AND NOW, comes Claimant, B.P. Paterson, Inc., by and through its attorneys, Riley Riper Hollin & Colagreco, and files this Mechanics' Lien Claim and in support thereof avers as follows: 1. Claimant is B.P. Paterson Inc., a Pennsylvania Corporation with an office located at 537 Kingwood Road, King of Prussia, Pennsylvania 19406. 2. The owner of the property subject to lien is Shippensburg Apex, L.P., a Pennsylvania Limited Partnership with an office located at 401 East Elm Street, Conshohocken, Pennsylvania 19428. 3. The improvement and property subject to the lien is identified as the "Apex Village, Shippensburg, PA" (hereinafter the "Apex Village Project" ). The Apex Village Project consists of the property known as Rocktowne Student Townhome Community, Asper Drive, 61982.1 Shippensburg, Pennsylvania 17257, which consists of 9.39 acres of property located on Baltimore Road in Shippensburg Township, Cumberland County, Pennsylvania. The tax parcel identifier is 36-35-2385-131. A full legal description of the property underlying the Apex Village Project is set forth in Deed Book and Page 200736421, which is filed with the Cumberland County Recorder of Deeds and hereby incorporated by reference. 4. Claimant, B.P. Paterson, Inc. is filing this mechanics' lien claim as a subcontractor. 5. Section 1201(5) of the Mechanics' Lien Law defines subcontractor as "one, who by contract with the contractor ... erects, constructs, alters, or repairs an improvement or any part thereof; or furnishes labor, skill or superintendence thereto; or supplies or hauls materials, fixtures, machinery or equipment reasonably necessary for and actually used therein, or any of all of the foregoing, whether as a superintendent, builder or materialman." 49 P.S. § 1201(5). 6. On September 20, 2007, claimant entered into a Subcontract Agreement with the Contractor, Shaffer Builders, Inc., to complete site work for the Apex Village Project. A true and correct copy of the Subcontract Agreement is attached hereto as Exhibit A. 7. Contractor, Shaffer Builders, Inc. is a Pennsylvania Corporation with an address of 401 East Elm Street, Conshohocken, PA 19428, and entered into a contract with Owner, Shippensburg Apex, L.P. on September 7, 2007. 8. The last date that Claimant, B.P. Paterson, Inc. did work on Apex Village was April 28, 2008. 9. Claimant provided formal notice of its intention to file a Mechanics' Lien Claim to the Owner on May 23, 2008. A true and correct copy of the formal notice with proof of receipt is attached hereto as Exhibit B. 2 61982.1 10. Pursuant to the terms of the Subcontract Agreement and various change orders, Claimant performed sitework on the Apex Village Project, including providing labor, materials and equipment necessary for the improvement of the Apex Village Project. The scope of the sitework performed by Claimant is set forth in full in the Addendums to the Subcontract Agreement, which are attached as Exhibit A and incorporated herein, and in the change orders, which are attached hereto as Exhibit C and incorporated herein. 11. The sitework completed by Claimant was for a contract price of $1,109,378.10 based on unit quantities set forth in the Addendum to the Subcontract Agreement which is attached hereto as Exhibit A, and corresponding change orders attached hereto as Exhibit C. The amount of the sitework with the change orders is $1,142,855.10, as set forth in the April 25, 2008 Application for Payment, a true and correct copy of which is attached hereto as Exhibit D. 12. The outstanding amount due to Claimant to date is $188,057.37. WHEREFORE, claimant, B.P. Paterson, Inc. claims a lien in the amount of $188,057.37 plus interest upon the Property owned by Defendant, Shippensburg Apex, L.P. located at Rocktowne Student Townhome Community, Asper Drive, Shippensburg, Pennsylvania 17257. RILEY RIPER HOLLIN & COLAGRECO Date: 2 Jeanette N. Simone, 13squire Attorney for Claimant B.P. Paterson, Inc. 3 V 4 'J ? CATI'+t? L Patrick; R. Paterson ani an authorized representative of B.P. Patctson, Imc., Claimant in this action, and am aurhorizod to sign on behalf of B.P. Patamon, xnc., am familiar with this maher and understand that the statements made in the Mechanics' Lim Claim are true and correc- I tmd=tsnd that the wafemtmm herein are made Object to the pcnalties of 18 Pa. C.S. §4944, Telating to unswom Weification'to authorities. Date: jr, 008 Patrick R2 Pdmoa A.P. Paterson, Inc. 537 Kingwood Toad King of Pmts, PA 19906 some: of $a°4 17.RF.R97.GiT.9 T.7.:1T. RR[?7./97./4R_ef CAW Vv CAI SUBCONTRACT 140.51 S-0 VENjORNO. September 20.2007 sU.Bo014TRAcT AGREEMENT Between R BUILDEB-SNC. SHAFFBhereinafter "Contractor ) and .BP pATFR-SON r ?ubcolAractor `S ) (herexnafte ex village, Shippensburg, PA Project: Sphippensburg Apex, LP Omer: R ?aemer Associates, P Lance Architect: THIS AGREEMENT made this 28th dray orSeptember 2007. bctwoen SHAF1'£R BUILMRS, INC, with a business addmot at 401 Fast Elm Street, Conshohocken, PA 19429 (hereinaRer'`Contractor") and HP PATERSON, LLC with a business addrote at S37 Kineswood Road, King of Prussia, PA 19406, (axxeinafter "Subcontractor"). Contractor and Subcontractor agrca as follows: 1. =TRAcr =Mrs 1.1 This Subountract is for the following labor, materials, equipment andlor scrvicet; to be performed in accordantx with the following Contract Doearnents: A. This Subcontract Agreement including but not limited to Exhibit "A", Scope of Work" and all otter terms and txhndkions, exhibits and schodulex attached licrota; b. Drawings and Specifications as set forth in the List of Drawings and SpceiBeartons attached as Exhibit ..B.. c. Agreement between Owner, Shippensburg Apex, (.P and the Contractor, Shaffer Builders Inc., dated as of September 7, 2007. All of the foregoing form a pan of this Subcontract Agreement, as if set forth ht length and are fully incorporated herein and arc referred to herein tat Curtiract Documents. Subatturdmor acknowledges that it has tautrully examined such Contract Documents and, understands them fully by its signature, which appears below. J,2 This Subcontract shalt, when accepted by Subcontractor and signed by Contractor become the exclusive Contract between the: parties. and all prior mptcsentatives or agreements, whothcv written or oral, not incorporated herein are superseded ll Subcontractor has commcnoed performance of its work horcundcr prior to the exe tttion of this Agreement, it is specifically understood that all work shall be included in the work hereunder. and that such work and payments, as well as the future work to be performW hereunder shall be in conformance with and subject to the terms and conditions harcundcr. 13 Work performed by Subcdrttrnctor shall be in strict accordance with the Contract Dooumctns applicable to the work to be performed and labor. materials, equipment, andlor services to be fumishcd horeunderr. The subcontractor shall be bound to the contractor by the terms of the subcontract and of the Contract Documents between the owner and the Contractor and shall assume toward the Contractor all of the ubligations and responsibilities with respect to work to be performed by Subcontractor which the C:ontratxttr. by those ConUaea Documents, assumes toward the Owner, and further, all rights and remedies which accrue to Contractor by way of the Contract Documents, shall accrue to Subccx color. All rights, which Owner may exerelsc and cilrorcc against Contractor may ho tucomised and enforced by Otrncr against Suhoonrrauor. In the twat of any dispute botwcen the Owner and Contractor, Subcontractor shall be bound by all decisions. directives, interpretations and rulings of the Owocr or the Arohitect, st Owi='S option including Owner's termination or tatspbnsion of Contractor. Subcontractor agrees m bind all lower tier subcontractors to the porformanee obligations and responsibilities, which Subcontractor assumes towards Contractor by way of these Contract Dooumeott. Where specific work set forth in the Contract Documents is not dcspribed in this Subcontract, Subwnt act shalt perform all work notmally construct to wine within the scope of its activities, as required of the Contractor under the Principal Contract. All work shall be performed to the complete sati0ketion err the Contracutr, the Architect and Owner. 2. SSCQP,C ttt= WnitX AND,Su=bI1'"CZ PR F 2.1 Subcontract shall comptcu cltework at Apex Village project in Shippensburg, PA as required by the Contract Doetrmcnu and as may be further defined in the: Scope of Work (Exhibit `A'y, attached hereto and trade it part hereof ADfj?w ??um 2.2 TOTAL FIRM PRICE FOR ALL WORK UNDER THIS SUBCONTRACT L IS: One Million One Hundred Nine Thousand Three Hundred Seventy-Eight Dollars and Ten Cents ($1,109,378.10) .Cr14-4•1T/ ri•? s: 3. Tf=RMS OF Pgy,MrN"r Z.1 l'emhs of payment unless otherwise stated on the Subcontract $11311 be in accordance with the submission of AIA docunlonis and to be determined by bank inspection of ptopony. The foregoing cntitlcnhc» t to payment is subject to Subcontractor's complianoe with thoContract Documents or this Subcontract; Contractor has the right to withhold payment as more particularly set forth in the Pritx:ipal Aprouncnts between Owner and Contractor and this subcontract Agreement and under all applicable Fed". Siatc and local laws, rules and regulations. Billing Is to be received an or before the 2So of rho month, and pay t will be nude by the I S of the following month, 32 Subcontractor, as one of the conditions precedent to any progress payment hereon sit 1 furnish all noomsary Messes. lien waivers, affidavits and other documents required by the Contract Documents to keep the premisoa &ee from liens, or claims for liens ofall mascrialman, subeonrractors or lobortxs, as wail as complete waivers and releases of any and all claims of Suboontractor sod any party connected with or related to the parrormanc:o 2 of this SmhcontrACt Acceptance of final payment by Subcontractor shall be a full and eamplete discharge and release of Contractor, No payments hereunder, including final payment, shalt be construed to be all auctptance by Owncf or Contractor of defective work of Improper materials, of any other failure of Subcontracur`s work pcrihnnod in sceordance with this Subcontract. 3.3 Subt:antractor hereby agrees to make prompt payment to All panics furnishing labor. aaterials or equipment to Subcontractor In the prosecution of the work hereunder, and that such prompt payment is of the essence of this Sabcontract. In the tNtalt Subcontractor or its subcontractors or materlatmcn, Many party acting through or under it or them, faits to tray arty sum of money due to party furnishing lobar. materials or equipment hereunder. Contractor is hereby to retain out of any paymont duo at to become due hereunder said unpaid Stun and its sole discretion, to pay same directly to due party to whom such stun Is due. if any time thcro shali be evidence of any lien or claims for which, if cctablishcd, Owner or Contractor, or its surelits, might become liablu, and which is chargeable to Subcontractor, Contractor shall have the right to retain opt of any )taymcm due or to become due heretmder an amount sufficient to completely indemnify Owner or Contractor and its sureties. against such (ica or claim. 1'he provisions of this paragraph shall not require Contractor to determine or hdjust any claims or disputes between those panics famishing labor, materials or equipment hereunder, or to Withhold any money for their protection; nor shall Contractor be liable to any party for Its failure to do so. 4. INDEMWIF)CATION 4.1 Subcontractor agrees to indemnify, defend and hold harmless the Owner and Contractor and their agents and employees as set forth in the Contract Documents to the sans: extent as Curnractor is obligated to dc, to under tho Contract Documents, limited, however, to rite scope of work of this Subeanlract In addition thereto, the Subcontractor agrees to indemnify, defend and hold hartnicss the Canuactof front and against all claims. daunagcs, losets and expenses including. but trot limited to. suorncys' t-ees &rising 0111 odor resulting f}om the performance of the work under this Subcontract, provided that any claim, damage. fuss or expense (1) is attributable to bodily Injury, sickness, disease or death, or to injury to or destruction of tangible property, including the lass of use resulting therefrom. and (2) is caused in whole or in part by any negligent act or omission of the Subcontactor, anyone employed by Subconusctor or arlynne for whose acts the Subcontractor may be liable, rogardiess of whether or trot it is caused in par by a party indemaiffcel hereunder. Such obligmion shall not be construed to negate, abridge or Otherwise reduce any oUtcr right or obligation or indemnity which would otherwise exist as to any party or person described in this barograph. 4.2 With respect to any claim resulting from injury or loss to an tmpleyee of Subeontrac:tot or of any lower tier subcontractor, Subcontractor agrees to indemnify and hold harmless Contractor from the entire amount of such claim, including liability for injury or loss caused by the negligant acts or omission of Contrauar which result in harm to such cmployce (unteats Contractor was solely negligcnt) and Suboontnmuor hereby expressly waives any pmvis'ton of' the Iseflnsytvania Workmen's Compensation Act, or any utter applicable workmen's cemipensation set which otherwise, provide to Sobcontrscutr immunity from such indemnity, S. -J?4SU-AA C-H Subcontractor is advised that the Subcontractor shall procure and maintain, at its own tocpense, the itlsurancc coverages in accordance with the Insurance Schedule listed below hereto and made spurt hereof: General liability: Emch occurrence- 51,000,000, Fire Damage- S 1,000,000, Medical L'xpensas (any one porson)- SS.000, Porsonal & ADv Injury- (1.000.000, General Aggrogatc- $2,000.000, Pmdocts COMP/QP AGO- S2,t M.000.1 tnp. Run-11,000.000. Automotive UsbOr'ty: C:ombinod$Ingle Limit-11,000,000. Excess AJImbreliai-iabitity: Each occurtencc-$5,000,000.Aggebgatc-$5,000,400. WorkertCompenaationand Employers` I.tability: E,I.. Each accident- $544,000. G.L.Diseast Ea fimployce- $500.000, F.L. Disease Policy Limit- !304,000. 6. 9QBCDNTRAC`CCjR AERFURMANCE 6.1 Subcontractor shalt start work at the site within three (3) working days after notice from Cnraraetor and shall supply sufficient labor, materials, equipment and/or services to maintain progress of the work of the -subauuractof to the satisfaction of Conractor and perform the same at such times and places as designated by Contractor. In the event the Subcontractor delays the progress of the work of Subcontractor or the famishing of labor, materials, equipment, and/or services or fails in tore peribrmance of any of the provisiotos of this Subcontract, or employs men or uses materials or tgoipnhent which may cause strikes or other labor troubles by workmen or other personnel employed by the Owner, Contra wr"other contractors or suppliers at the project site, or it it should matte a generat assignment for the benefit of its creditors. or if a receiver should be appointed an accuant of its insolvency or inability to meet in obligations. Contractor shall have the right to caned this Subcontract upon thrm (3) working days' wriucn notice issued to Subcontractor. In the event Subconuactor falls to appear at the site within the time poriod prescribed by Contractor or Wit to employ sufficient labor. materials, oquipment "or services, to the satisfaction of Contractor, Subcontractor shall be dremed to be in default and its Subcontract tormWied without further notice from Contractor. In ease of such termination, Contractor may take possession of an the maserlais, toots and equipment of subcontractor on said premloa in order to finish the work by whatever method Contractor may deem expedient, Subcontractor shall assign all applicable subcontracts and purchase orders to complete Subcontractor's work, and Subcontractor shall not be entitled m receive any further psymcnt under this Subcnntract unlit the performs?tCt of the Subcontract has been completed by Crimme or or others calla W by Contracor, at which time If the unpaid bait= due Subcontractor exceeds the cost of complaion, said amount shall be paid to Subeantnd in fun payment of any and all Balms of Subcontractor under this Subcontract. provided, however, that In der event the Costs and expenses exceed such unpaid balance, the Subcontractor (a) agrtxs that it is not emitted to any further payments hereunder, or for any other dancer it may have under this Subcoatraet, but on the country, (b) agrees to assume entire responsibility and liability for and to indemnify and save harmless the 0antrealur from ruolt execs costs and expenses, which shall includo any and all costs and damages incurred through the default ref Sabcootrsttur, as well as cousequantial damages kw delay of otherwise. Notwithstmlditg any such termination of Subcontractor hereunder, Subcontractor shall remain responsible for the work which it perfbnncd prior to the date of termination. 6.2 Contractor shall have the right to terminate this Subctattrset, by written notice, widtout Subcontractor being at fault, for any cause whatsoever or for Contractor's or the Owner's convenience and require under such circumstances that Subcontractor immediatdy step work. Subcontractor shalt pfaoe no further orders or subcontracts for materials and prompdy obtain cancellation upon terms agrafmctory to Contractor of all purchase orders. subcontracts existing for the perfarmanee of the terminated work or assign those agreements to Contractor as directed. Upon any such termination, Subtwntractnr shall waive any Claims for damages. Including loss of anticipated profit but fetntractor shall pay to Subcontractor all amounts duo and not previously paid to Subcommottu for work complaod in accordance with the tetms orthe Subcontract prior to such notion: of termination u well as for any reasonable carsxltadon charges incurred arising out of the termination of the work under Subcontracts or Purchase Orders. Any default termination, subsequently determined to have bean erroneous. shall be treated u a lamination for convenience. 7. SCH D01.l; Subenntmo-tor acknowledges that the entire Project must be Complete and ready for use to the Owner's satisfaction in accordance with the schedule developed by Contractor, subject to agreed upon extensions of time. Subcontractor agues to complete its work in accordance with the adhadlult developed by the Connector and that hetshe will bear responsibility for any delays (including any panaluet or damages asaestacd) arising from its work. 8. WAIVED OF LIENS lba Subecrumctor. for itself and anyone else acting or ciaiming through or under it, for and in consideration of the Subcontract and the Considerations mentioned therein, and intendlog to be legally bound hereby, does hereby waive and relinquish all rights to file a mechanics' lien, claim or other lion or claim ofany kind whatsOever or maintained against the improvements or the estate or title of Owner in the Property or the curtilage or ounllagee appurtrnam thereto, by or in the names orecMiraclor or any subcontractor, tnatetiaimon or laborent far work done or materials fumished under the Subcontract or by any other party acting through or under them or any of Thom for and about the improvements or the property or any pntl tbereoL or on "edit theroof, and that all subcontractors, materialmea, and laborers on ilia wort; shall hook to and hold Subcontractor personally liabic for all subcontracts, materials furnished and work and labor done, so that there shall not he any legal or lawful claim of any kind whatever against Owner for any work dont: or labor or materials furnished under that Subcontract for end about the erection, construodon and completion of the improvements, or under any contract for extra work, or liar work supplemental therein, or othorwia. Subcontractor acknowledges that C:omamor has felled and recorded a Waiver of Liens with the prothonotary's ntfaoc, Cumberland County, for the petrfarmanm of its work on this Projoct. Subcontractor shall ext cute and return, simultaneous %Wth Its Subcontract Agreement, the Waiver of Uons included with tea Subcontract Agreement. 4. Q sAhM Subcontractor shall clean up and remove from the promisee all debris eatuod by execution of ilia worth of this Subcontract liercuadcr and will pay for any breakage or damage caused by Subcontractor. Upon failure to rotnove such debris or to pay for such break-ore or other damage, Contractor may remove said debris and replace property so damaged, and charge the cost thereof to Subcontractor. 10, 1101STING/E &VATOIt SERVIGF_ Should Contractor or any or its other Subcontractors provide any special hoists or elevator service for raising of this Subeontractor'9 workmen or other pwwonet or materials. then it stall be at the sole risk and responsibility of Subcontraeror and/or its employees, which Is hereby assumed by Subcontractor, i I. PR07gCTION O PROPERTY Subcontractor is fully resptnsiblc for sons and damage to its property on the site, including 10619 end equipmcnt, and shalt tale ocwaary precautions to prevent vandalism, theft, burglary, pilferage and unexplained disappearance of property. irrespective of whether Owner is obligated to provide security on site, the Owner shall provide the property insurance fbr work pe*fornwd under the subcontract, howcvar; Subcontractor is advised that to the extent any turn is nay oovarod by said insurance, or subject to any deductible of co-insurance, Subcotrmxor shall not be rairnburied for same. 12. SAPPTY The Subeontractor shall be responsible to the Contractor tar compliance with all Worn], state and local taws, ordinances, rules And regulations daring Subcontraetor't pcrforoionce on and In connection with this Projcot. Subctnttracu r shaft indtunn* the Contractor lbr any and all expenses incurred by the (;ontraow for rim. peiutltics and corrective measures resulting from acts of cnmmissioa of omission by Subcontractor, its agents and employees for t'uilurc to comply with such safety laws, ordinances, rules and regulations. Consistent with this cacti Subcontractor shall furnish Contractor with A copy of its Loss Prcvontlnn Program, its H=rd C ommonicatic n PrWilm pursuant to29 C.F.R. 111001st p., any,Mbtcriel Safety Data Sheets as may be required by applicable: state law. along with all other relevant reports fcquirad by the . foregoing laws, ordinances, rules and regulations. In addition, each Subcontractor shall comply with applicable rcquirements of labor taw and regulations of the Commonwealth ofl'ennsytvania, applicable to safery and the authorities having jurisdiction over lama Subcontractor reeagniza that under the Perunsyivanis WbrLw and Community Rights to Know Act, certain inibrmation must be made available to both community residents and amptayoot ragarding hazardous auhstences which Subconulwor may bring on the job site. 'INs includes preparation and submission to Contractor ofs hatxardous wilistwoo survey form providing a listing of hazardous Cubst'anot which Subcontractor may use or bring on the job site, has well eft Material Wary Data Shoats (M SIDS) providing detailed inrormalion on chemical subtuanoet used or bruught on to the job she. All containers brought on tha job site containing hamdoussuhstancea, hazardous mixtures, single rl-cailols and single mixtures must he properly labeled. The Contractor's solicitation of MSDS from each or its svbcontrariots is exclusively rot Contmetor't tu:e and will tux relieve any Stiboontractor (rout maintaining its nwn flit of MSDS or otherwise, complying with the Pennsylvania Worker and Community kight to Know Act. Each Subcontractor Asll be rettponeible for any violations of the foregoing laws, ordinances, rules, regulations, including paymctit of costs involved with correction of violmkxns, hearing, or appeal procedures and claims and/or lines associatod with said violidirms. Upon d'ueoiieriug or being advised that any portion of Qnc Work tit or may he in vialalion Or conflict with any Is". ardinanem. rates or regulations. or is rcjaclod by any governmental action. Subeeattramor shaft inuncdiataly carnet and replace such violative, conflicting of rajeetod Work. to the event that any a xpenacs are incurred by Owner and/or Contractor or claims made against Owner and/or Contractor in connection with an audit. proposed or actual violation, or a legal or administrative proceeding arising from tiny conditions. pi'articcs. ae.•ts or on0uiont of Submtdructur for violation of any of the lorsgohig laws, ordinances. rules, regulations, than Subcontractor shall hold Owner andkr Contractor harmicss from and indemnify Owner and Contractor from Subc antrsoux's own funds again all costs and expanse, including Owner's and Coatracct't attnmcyt' fawn, litigation costs and cxpcaso, damages; and petiaalticx which Oumer and Contractor may incur by reason of Subcontraaor's failure to comply with the aforesaid standards as set forth harainabnva. Such costs shall be paid from Subcontractors own funds And such amounls shall not constitute pan of the Subcontract Price. Should such amounts exceed the amount of the costs disc or to become due to Subcontractor dean held by Contractor. then in that event Subcomractorshall pay to Contractor such differea ce Immediately upon written damund from contractor. 13. J!AC-,YAJL.129S1A.dS.ilil3MWU'j{irM Where required under the Principal Contract, Subcontractor shag comply with the current prevailing wagb rates of the vicinity for the work as established by die united States Department of Labor. A copy of die Wage Decision shall be furnished to aeh Subcontractor, As evidence of Subcontractors compliance with same. Subuornrwor sliall submit, on it weekly basis, eertirad payroll forms (Faderal Form Wli-347 will be araseptable). 14. 1X= Subcontractor, for the price provided In this Subcontract, hereby accepts and assumet full and exclusive liability for, unit shall indemnity and save C_`omlrawor h:uoilcss against the payments of any and all taxot and contributions or premiums for unemployment insurance, workman's coinpeoisaoion, rctircment, health and wctfare or disability, and any similar benicilu, which may now or hcrcithcr be imposed by law or by enlice ivo bargaining ogreencnr measured upon the payroll, income, wages, salaries or other remuneration of employees, by whomsoever employed, ongstcd in the performance of the work included in this Subcontract and all salts, use or other uses levied or assessed against Owner, Contractor or Subcontractor. arising out of the Subcontrauor's work, including, but not limited to, taxes on any kind of irmcrials, articles or equipment, Conuaeror may. in its We discredon, as s coc%di Lion precedent to payment hereunder, request production by Subcontractor of evidence satisfactory to Contractor that all obligations contained in the within paragraph have been paid in full as a condition to making any payment whether finsd or otherwise hereunder. s. WgEl.6(tzLT'Y Subcontractor hereby guarantees all labor, rnstariuls, oquipment, serviote and work furnished hereunder against all defects which may develop within one (1) year from data of rowl cemplenion or within the guarantee period set fbrth in the Contract Docun'tcttts, whichover is longer. Pursuant to such guarantee. Subcontractor agrees to remove, repair and/or replace, as Contractor may require, without charge to Contractor, any and all defective workmanship, materials, equipment and worts; w pay any and all costs, expenses and damages, Including labor charpl. in oonti Lion then with, as well as for removal, repair and replacement of any other work which may be damaged aS it moult therms; to remedy any derects, latent or patent, except those duo to ordinary wear and tear to improper use and mainiMM1000 by any entity other than Subcontractor. and to pay for all damage to the property of the owner. the Contractor or any abet patty resulting therefrom. Suds corrective work shall be aeoomplishad within seven (7) days nr, it such correction cannot reasonably be comploted with such coven (7) day period, such other periods as reasonably estabriahed by Contractor after receipt of notice; rrom Contractor to do so, All guarantees and wwraatiee herein provided shalt extend to the Owner, at other awarding authority, and to Contractor. The fetregoing shall be in addition to, and not in lieu of any and till warranties and remedies provided by law of required under the Contract Documents. 16. g.S,SIQIUW, The Subcontractor agrees (a) that it will not assign this Subcontract or any moneys due it, or to become due it heruundor, or sublet any portion urthe work without first obligating wrltica consent of die Contraotor, sad (b) that. Contractor shall have the right to set off against my moneys due Subcontractor under this Subcontract any claim or claims again Subeontramer. whethdr arising a hder this Subcontract, or any ether Subcontract or Subcontracts between the patsies hereto. 17. CHANGES No additions. deductions, or charges shall be made in tho work included in this Subeonunct, nor shall thorn be any charges rot premium time, except upon prior written ardor of Contractor. Sold order shall specify the amount of additional cnmpentminn or credit to be applied to the amount of this Subcontract price The Subcontraci price shalt be adjusted only upon issuance of a (idly executed change order signed by Contractor and Subcontractor, Allowable change order mark-ups may be found in Article 7 of the Supplemonltuy Spocial Conditions. Is. ! tr 91-4rZUys Subcontractor will be held to be thoroughly familiar with all conditions slTecting later In the neighboitirxd ofthe Project. including but not limited to and any wage decisions applicable to the Work. The Suttuauraoutr shall %mine rcepeoauibility to tho contractor rot all costs resulting from the failuro to verify 0 conditions affecting labor. 4aoh Subcontractor shall be responsible for the maintenance and observance of sound labor preaices by itself and its subcontraciors, and shall take all steps reasonably necessary to avoid labor disputes and the potential delay and disruption arising therefrom. to particular, the Subcontractor shall assure that the trade Subcontractor shall cause all wort; to be perlbrmad, lf. after dtc execution of this Subcontract. Contractor beoomts aware that Subcontractor is not a pony to said agretanont, Subcontractor shall be liable to Contractor for damages resulting Lfom delays intxured or due to cancellation of the Subcomratx Agreement. in the event of tabor difficulties (including, but not limited to, m6kcs, walkouts, Pick-cling, boycotts, Of hubility ern obtain it sliMcient numitcr of competent tabors Or tracclanks), which interfere with work,, or any peat thereof, it shat{ be the responsibility of the Subcontractor to take all measures necessary and possible to insure the Project's progress and completion as prescribed by the Subcontractor's time schedule including, but rot limited to, seeking injunction rcllef in an appropriate C.oun, filing an unfair labor practice charge(s) with the National Labor Relations Board, discharging cmplcyewt who tungagc in an unprotected strike at work stoppage, or any outer applicable legal or equitable action related to the aforesaid labor difficulty. Subcontmexor shall indemnity Owner and Contractor against any and all loses, ciahms or suits (including costs and at(orncys' fees) for or on account of any alleged unfair labor practice charge to which owner or C:ontraator is made respondent or other legal or equitable action related to the aforesaid tabor dhTiculty In which owner andlor Contractor is a pony and which occurs in connection with the performance of this Controot. in the event die Contractor requests that Subcontractor work overtime to expedite tins) complerion of the work at a time when a Subcontractor is not in default of any of its obligations. Subcontractor agrees to work said overtime, and the Contractor shall pay only the Subcontractor's extra labor cast over the amount for regular time, including additions) insuran" and taxes. No cam++.ission orfee, profrl or awrka rp will be raid io.Svbconrroclor on m-count ofstich overtime nor will the Svbcontroeror be plaid or allowed any dwnaget or exrm costs resulting, from lose efficiency. 20. E No discrimination shall be made against any employees, or in the employment otany applicant, because of age, race, sex. color, crocd or national origin, and Subeonirnetor agrees to be bound by and to comply with all ofthe provisions of the. Contract Documents pertalning thereto. Suboorttracton further agrees to execute and return the Federal Contract Non-Discrimination Ciausc Agactncnt, included herein, along with Its Subcontract. ` ? ?'* tncd V 21. Qt.AIM5 in the evctli that the Principal Contract provides for the arbitration or any of all claims, disputes or other matters in gacstiot between the Owner and ContratAOr thereunder, or with respect direst, than all claims. disputes and otter matnom in question arising out of, or relaling to, this Sub ontract, or breach thereof, shall, at the ante election of the Contractor. be decided by arbitration in site same manner and under die same proccdurc as provided In the; principal Contract with respect to disputes between the Owner and Contractor. Subcontractar herehy agrees that Contractor mull have tho right to include Subcontractor, by consolidation, joinder or in say other ntanner, in arbitration proceedings involving, the Projeu, irrespective of *Mm originally initiated such proceedings. 1116 foregoing agreetnant to arbiimtc shall be speei meetly cof vg. able under the prevailing arbitration law. The sward rendered by the arbitration shall be final and judgment may be, entered upon it in accordance: with applicable law in any Court having jurisdiction thtrcoL Pending determination. there shall be no work stoppage. 21 Mls ELLAMBOVS 22.1 in the oven, ordtc termination ctf the Principal Contract, this Subcontract shall also be tarminated, upon written onticc of Contractor to Sub;oatraaor, and Contractor shall only be liable for labor, materials. articles and equipment rumisbod, and/or malalsk and oquipment ordered for the Project, to the data Of T6c6pt by ..Subeentraotor of such written Mice, orterminalkw . but only to the extent Subcontractor is liable for same. Upon such notice of tanninatiem, Subcontractor shall waive any claim for damages, including. loss of anticipated profit. 22.2 It is understood and agreed that Ovmbr has the right to approve or disapprovt the employment of this Subcontractor, and in Lho avant that Owner does not approve this Subconmor, this Subcontract shall become null and void, and neither party shill have any obligation to the ocher hereunder. 22.3 Subcontractor assures the Contratior that in the peribmumoe of its Work herkMddx and riu employment of individuals for Same. Suhmotraetors shalt comply with the provisions or the immigration Reform and Control Act of 1996 which makes It unlawful (i) in hire ibr employment a person that the employer knows to be an alien unaLdiwribcd to worst in the I)i%KW States, or (ii) for failure to comply with the cmplOyment verification and record keeping requireomots of the Am 22.4 The paragraph headinut contsined in this agreement arc for reference purposes only and shall not in any way effect die meaning or interpretation of this Agtecmcnt. 22.5 Each party hercto reproscatt and warrants to the other that the person executing this Agreement it: duly authorised to so execute this Agreement on hebslr of the. party ror which it is exeouLiog Oils Agreement. IN WITNESS WtIER140P, the parties have crocvwd lids Agrecmait as of the date lira`i written above. $;URCON'rRACTOR op PA-riq Uy: Prin 'ri1L 01,14 CONTRACTOR S;HAFF 1 11,11ETt$, IN fly: -- - Title: Data:,-'G PROJECT: AMX VILLAGE - ADDENDUM A SCOPE OF WORK: 1, Construction survey, stakeout & as-builts by Owner 2. Installation & maintenance of erosion & sedimentation controls through substantial completion of DP Paterson's scope of work 3. Strip & stockpile topsoil up to a maximum depth, of 12 inches 4. Excavation and filling of borrow pits on site with excess topsoil 5. Provide and haul off-site borrow to site 6. Modify grading in building areas to allow for foundation spoil 7. Basin grading per the above Basin Grading Plan S. Topsoil replacement in basin only 9. Seeding and mulching for the purposes of stabilization for all disturbed areas within the limit of disturbance, permanent seeding in basin only 10. Sanitary sewer system construction per Cumberland Franklin Joint Municipal Authority specifications 11. 4" SDR 35 sanitary sewer laterals terminated between proposed sidewalks and proposed buildings 12. Storm sewer construction per PADOT standards including 2''of 2A stone bedding on both sides of pipe 13. Removal of existing temporary risers and replacement with permanent outlet structure in basin 14. Water system per Borough of Shippensburg Authority specifications. Water services to be determined later. 15. One 4' sewer lateral included for clubhouse 16. Construction of stone emergency access drive LUSIONS; E Y Any and all items not specifically mentioned in the above Scope of Work are excluded from this proposal. These items include, but are not limited to the following excluded items: I . Engineering, tapping fees, bonds, permits, inspections and other fees (PennDot, Township, Engineering and Utility). 2. Liquidated damages. 3. Barricades and pumping or de-watering for others. 4. Testing and retesting of soil, soil compaction, blacktop and concrete. If awarded this project we would like to be copied on testing reports related to our scope of work. 5. Benchmarks, property lines, building corners or monuments. 6, Fine grading of building pads. 7. Topsoil replacement outside basin. S, Topsoil & tripping or replacement for any borrow areas outside the limits of disturbance. 9. Winterization, snow and frost removal. ures after our swpe of work is 10. Erosion matting• control c control once we have emoval and maintenance of b rc ponsible for erosion 11. R feted We wit, no long camp od by other contractors and any demobilized. 12 Repair of any soil erosion control measures related fines. roads for others. C 13. Underdrain. and/or maintenance of access citabile, eontammated, or t0X 14. Constru?OII lacement of vas 15. Handling, removal, andlor rep ve, signs ' volleyball & basketball coin, gals at access dri 16.0=1 ,horseshoe pits, or line painting- or relocation (on-site and off site). le removal ands lighting• 17. ?Jork for utili e e Vic, telephone, cable and sic 18. Work for gas. 19. Concrete Pipe emasememt 20. Water backflow Pmventcrs. or i ?? figs in pits, or structures not shown, 21. Meter pits or p P protection of ufa'a c ? • lks 22. Remove, relocation, or pact drawings for sidewa, diunpster and sl1Ows, °n con ork or stone base 'nCO??fiy concrete flaiw and 'Oil 23. PedeS?ann P ads. above sodding, ??c 'ing, mismcc muse g (other t3ian as s?eCified ), 24. Te P° amendments- 25. giul&Ole repazr• see unit Prices). 26. Rock eXCavatxon 27.140 de.watering of trenches ox sits. . 'D /r/ 0AI 28. No aNiijit drawil11' S'C.C'ry'.. _y dot ? C,a ?k: c r' S . Subcontraotp g- 1 g ?2 Tills INC'L[JDES: Scope of Work Per attached Addendum A Schedule of Values $rsc?C TAtBt Qe4A 413• $13 31,109_ 3.10 Projected cost for ` $154,000.00 I job site, no further Blasted ROCK laced Ojacent p soil'al Dirt will be p Is gr y All Excess ToPro P criy line on MikG? ads ' than 100 ft from p ope EXCZU$I4NS' ddendum A ): Per attached A END SCOPS OF WORK CHI 17 ;?elo0op , US'r OF DRP`WMNGS . _ , , r. dated 12j22J2'W wn J Q 0 ? c C13 d W 0 Q ?ii 5 a t o? ? ?g'g:S, 1 + 1 1 ' ' 1 , , p Ot gl OI O` ?? p+ Q, s ?' CSI $j { SI 1 ?l $! j { 1 ?` JI ?1 J i j?l Qi 1 1 1 , I , I { j !1 ' 1 { I I + I ! 1 ! I ?+ , ! ? I?1 1 1 i ! ' I + Il ?j ?j j al ?l , ?' `I ?I NI ? -t71 ro ?j + ?? m! N, , o , , ? t 1 ( 1 1 } M C'l + I I + 1 I I 1 1 c}i. v? v` ?I v 1 J ? 1 { 1 ? i I I ?{ d1 $11 ?j?!1 1 1 , , ?j j I I 1 ?I y l j mj { 1 1 a{ .? l of g1 "IA LL ill I ? j ?,1 0l '?, cal S„ , a ,? vsI p} 1 . 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A a d ?o c a? w W 4 1, 1. 1 I . o! 3' '? d 1 ? I { m ! u! w 1 ?} f m ? ? ! I o '" { I 1 !o i o ? ! A 1 I p w {? C '-O l Igo lm I? 1?1? ,n ?Q• '? ?' ?m ?? i? } ao 1 1?1 1 { ? I '- 1 1 ;g I {8 1? ? { I !o I I ! ! lid l Iii {{ 1? ? i ai { i-ci ?a 1 1 ? ? 1 { 1 j? ? I ICI 1 , , !i II 1! !moo l S i ; ? ?O 1 d In 1 13 l lot {Lv lm i`= lq ! '? jv'tal?l 11,1?r 1 1 1 In ? I I {@1 I 1 1 I 1 I 1 ' 1 i } 1 I ' 1 1 r i?'my I1? `? 1 1 ? Iw 1 1? l lol°oI?ISi 1 { 1 I 1 , { I 1 I I 0 1?+ IPA" Ig l 4 0 ;8 i8 ig ig ? O C? C - r• IAO, it.QER? ?,, .apf ASSIM Rinse W_ F•ahtuvy 9, 200 .2. p j? tetson, ,111° woodit Y.N 5-7-1 'King 194p6 King of?mSSia. ltan$e a? s 'fce: A?e? V'illa$e G t 4?iaeSt'?oT vec 214;1019000,11T C t9 w' t? 1 ph,1 wt11 f0' thG off??? Elul Pat. ott stta a Olde PTO to t?r :.°n ' uF tl? ?' ;ice. The ?e a161115 need to COO Ttus is in fc1So? fayc lut the mat we a stlppleulent w? o 01"'10 nn F ntant Us's mY ac::ou Qch? this itmc arm Tara ws11 tY.en Peep and CIO&C :cars the Cbenges appsavaf of tic gj4% to aE onn? d acrificatt°cts for old u' thi3time= ate` a ? 9r-?c ?,rders at U+u staff of 1.3ts ? heh ttuznb??r n8 is an any Y you of 1the ah e v,??tked up ,oTn tbat mroiung? the ",) led. litaiiktu f;t payment Fiasod W a? a ;8e axt aFP „i• aynteut• on T`a1s beljitiedon the.4ent spF?lpgtiull f. omF1 e TIVr, can °n -is #? - ibis can be billed tli?$9' done EJaf6 3 .` se vovideWhOm tosi S1iFy. vicat?oa fox FaSnncnt Its ed 211d mat n$O aFF ?,o,?e - er, youY ease PYOVtde t+me ch?K va 36° &fi' ie$t of 36 °tdec This c$n be tilled d°d°t 11a " chen% 5 - m. on$ulal,dtsi?? T1,6[c is not on 0 cjis. Uh n r SA ? . ,.bange)'n"d?c? g6 te?ass advise. you wet 'able to atg• ??r? cs?,pc?sal l? gcb s ? ? ??' ? n?rtfin?l?°t?g. As 101% ?Cl0??? as t 1 Co ?yro%t ?0? iniyndc tb? sn$weS? A»d °ti}?s lp1 d'o?a nn 8 pco IXO Tessou gor diSC•uti5 dttdloT ee 10 GOnTea Inc to please feBi ? thtit T?>iu? &?a?a1. ?;ncerety, I ? ?'? u ma §f 11"-9129 • Fay, (8101626 ??csn, PA 1942l? • Pu16 Stream ? ??? 401 am No. y0g0 ? 2. 2008 8 :59 AM ' t. .. geb?Y 8, 2006 p.tson, `no. B.P. duld 53? W'- 1-94o6 .xinB Of Prassil, VIA gAX & MAIL P. 2 .Re: Apo", Y,11egs site- t? Pat, hoc onTueS?y. ?15148 ??° ?°b ? , P to ow yes. discs oove?k? This is in follow, ades 7 eed to %abmcic ob w all ? w?cends, he j claw lob ploggs is bid' ? Vc 0 oA&MO we otter for you 2,008 ?w °?l A to y°? ri OINIonday'Pgb bIV Onus' ?t)as m job B°n'ng ? lace to btiu$ the up Yneed to do ?t bay the °ec?y MOTL - in p if by kcbtugy 25! 7W jam ntingwi` Baotha C°at° to dae, wewill be supP ely, Rick Sbs&I ftex "A ?enlh en0 n?M 7120t on, Ino p.C1. go' 147 18405 Bridge???" FA Rick Cl+ove* rsztld??` g stll E• Elnt S4 pA ig4.. ? Gonghobocyen, l b, 2008 `len w the Febro? corre$Pon th2It I. er mo$t of y??ux on t IC letter iaivals Dear flick shall ce on lob ptO,J?W info to anon o ci +s were d1a to Yom Febrry , 7q?'. y00$. ?.shot.In ns?° . riot to P'S ?,reviou?°spt' POT co your }ester d& its of ]aria rt,ek d mat they were on site goinSback l?sabe sdvised ,?e t its le ebe ndvi ct. P ) incatte snd in seven •,hcre n'r'r'tgSwy P end of the day. tithe ? ? Ir? 1i?4 on camp n crevws S tetr?ent fat f«?, a d no ley-out g •w were 10 er the L f ?v atcr rnw ?3 c.o de' ye?audeb ,.. rUay Pa g utshc g not far O'e'wat r line pipe °wt he layout to ut of B4 As 12?' ate woad have other aela?? seta vebj 9 t> we e, or 1? . ai? a yay.out. to this dclay• `"e g°nclud'sn pervious day$, not slow the 11 in ar+acsp81tion of, 16 D hots l ?uou' bad ftr'm n'an see eady did orde?a, pipe 0 Fr'?,NeVei, testing .r ON. K not folr grd to or F ODNS'l 150'. pass YL t' or ?hole '\M R and as ?m?1LtLd ctn Q it S'trcxije Bp patetsnn, Im- F.O. $oX 141 ?A 19405 Brid?ePo Rick S,hat"£e`- -a?-a K a. S. - 401 E. Euu Strom PA 9428 Conshohocken. rabmary 16.2008 n teTicsuaY, a 6.2 'am cb?Ck vad;or the •Itjck Shaffer- flE?8, Ucar and Fcbruari t owledSte ?,e What to oux pro ioUS law application to accocnp a wttbvut kn 1 ate my next As a follow UP ad'uswd payme can 1 sign a rcleascurate1v comp of our 1 1 tot at did not alyPrOVe' br *down wavier of '(.,lOM K° ? ,ar '. ?ttst the bani "en t Pht Fatual Re1es from sz and nt'• E the th t. vr age, roved far paYK'e WIC app without kno the ba of ?` ri?ti?t^, :: f^? ryn ,? w ch n d: Ti an for Parnell i "?°p ?"i _ ;cis to, ? for a1?PIl lication needs r app ?T S d- , - iit front mgn, AS Of this 1t*.?t_",?law 1 have a wader a brcakaaw:ti of the P'ay application # ' 1 teivcrste the ..Short pia.. and R•atetiats on also bi-waleu, a ?1r.,3?y ability to .bill ?t ??Gr. bill for oh e over a„ Sys. Alsobe ad the delays affect I - at that ass ?n on siu% fac ''tsed Sge. Y tease mote that true is mauen 1 appfeciate your p01n1, mention to trite matter. Sincerel 011 Patrick R• patcrson • bP POXersor, Inc; P O." 147 Brid?ePo?- PA 19405 pick sboef " r''cn? Street P A. 19428 401 Conshohocken. ,Fe brlary 16, 2W% s ued cerOtr r?dditwrol crevi yoiu Rick Shaffer. and 15 con Putthertt0Teq pear vt?u tedeb ?a'et tNthis PCOJeCt. d nor .?1 lemenvn8 in resPanse to . r &d d ad&1a a? 2ttn? 1 ??r rson ? ;qty f??1A., v?culd be supP fP. 'tw fax da'tedFebrueri' on site; BpPPall ? unit 9tat he job ug t`0 dale" thatX°? the y? r+r+aAr;' R to bring ent is in dire ade ct` Ts has f", . men in p " i san' neces ctot'' • this stesxt ta of Kad+'r ., and ihat S1+aff ,. di *j- znd witfi another ?n t;,3t 16 a o`. %0 ?rvicc related 1tetwdter utility sett a iacion mom l tfa i;r? n an all *jr, wato COntractor for ?nt-actor r a dv , . to "OtWe instal Ilatio of an alternate iem arson as of t trday } Pats ice't• .`engaged the serv mare than a suFP that 51? considersces this to 25, 7pd$, Please note a water utility sew Paterson lme of Fe 1 mrslal on Site forth i in .Your pndf ead • bad 51? dl COUrise 8 has k?n8 the advice of lilt avorkin$ Febr w will be see ' to damage 0' V with please that $p Paterson ?n doe -S n,t wish to work mcadit . on notice Be Patera we will c°r+ten cor?ual- item. tb',s Project. rege?ds to 00css 013 relationship or any P that end ,,41OLditions available to ?_nc°-Yi1s / z. ? c alaiovii 1Gr Pau No. 9135 P. 2 sb 15. 2008 WOW VIII INC. S??lISMs•?il? . Fc1mr?Y 15, 2008 B. p. Paterson. 10, 537 xbwVooaROa 19,406 King of iruss'e+ Ra: Apex Vil'040 Doan Pat, -'Friday, February 15, 2008. to?Y 1n?S. Thb is iri followuP to out discussioa es need. to get back on ttsetr to reeke pvorali job progcss is behind. Ail trail . and got on schedule have not bccx? rralrTtd s us. Your efforts to'mau'taw -coon-War for the water vauty the Services of an al?rnaw ? cea bN,UU2, We have gages ons on en ] 5. 2008 you src work dzy his prsday _ Febraall rintemdont and As of endwr ?? ?elzitsd;tetns. wiU be ? by our site sUpe t all of he An eva0auo ? to establish tons ?S' your pr so>u1 the site work to schedule. our effom elscw?here on 616 are T,*w4ted to bring Yo 5ince1e]y. C aMillet Shaffer Builders Inc 610-825-9129 401 ooKon. P??19428 • (61 Q) 826-9129 • FBc: (610) 826-0130 East Ism Street • Cansh? ?Ax 150 Wr? 100. DATE: t0'tAL. PAr F?p?V1: SUBJ C. A' Apkl*4 G/L,/ -> 61 11 ?,Oe7c aln 17. Y .r pV ER --? imC1.UDtNC G RIL I RER HOLLIN COLAGRF-CQ YEANgTTEN. Sits ON ATTORNEY S Ext 240 Shippastensburg Apex, LP 401 E Elm Street Conshohocken PA 19428 May 23, 200$ ViCertified Mail re pt requ ested Re: A I Villa a rru _-- --- As er IDD J Shippensburg. Pen._,_n- is reply to Paoli To Whom It May Concern company' B.P. Paterson who is the that this firm represents Shaff there Builders, Inc. A sum in excess of Please be advised tha sitework subcontractor for your contractor, completing the site $191.806.70 is presently due to B .P. Paterson for fi?sg and prope .xcavation and removal of rock, for the Community,cAsl?r Dnve work, including a Rocktowne Student Townh located at the Apex Village, leted the work for which we are making nsburg, Pennsylvaty . B.P. Paterson comp ursuant to 49 P.S. § Shippe This letter constitutes formal notice p a claim on April 22, 2008. ration to file a mechanic's lien claim for B.P. paterson's work on this 1501(b.l) of our intention project. Sincerely, RE,Ey RIPER ROLLIN & COLAGRECO 67-t1 eanette N. Simone, Esquire JNS:sjf fl3. L .6 1AV 62 610.647.5600 ?el 610.647.1580 Fox post Office Box 566 Paoli PA 19301 0568 610.444.6599 Fax 240 Daylasford Plaza lCettnett square. PA 19348-3025 610.444.8800 iclTel 610.458.4441 Fax 312 West state street , .Seco°. d.Egoor fjtto4 PA 19341-1263 610.458 4400 _ ^' _. Post Otflce Box 1265 • • - $lalew Corporate Center ¦ Canpko f6ente ir.2i.and 3.74(60 Cd?7lpiete Mm 41f Restrkded Ddvaryr is dedred. ¦ Print yar name and address on the n>M1reFse so that we cpn retiirti the cord to yew. a Mtaaft thi§ car to the beck of the mailpiece, ; br on the f nt 4 space pare ts. 1. MideAddressed to., i Shi APexi LP PPS. b.8 . 4011ras1$lim St. l' Conshoho?kafn; Ok 194428 - 7 im.i v 7s7C„? ? ?3 FM LrKAC g' dry C. O?te of 00% D. Is dolMery addram cKma d tam item 1? 10 Yes If YES, enter dellmy address below. 0 No a lypa armlet Man f,=stm Mar fired Raceiptfor MWWK tse 17 l wjW Mall O.D. a RaaWc%d Darvofy! #3*a FaO ? Yes Ara"""'b0r 7007 2680 0003 2199 2875 lfhrrrsAerfrgrnseirlr?./r+?> :. ; ?,..,_ PS Form 3811, February 2004 Dorneac Ran Receipt T tozsss ?t M nano PATERSON /26/2008 17.21 6102653327 • O O v) A r V\ m 9 qm 40 M U in m AIS CD m a Q CL F. i y m > 0 2 w In $ V /26/2008 17:21 6102653327 PATERSON d O gg$ g 0& d ? ?N a v CD .w a d o_ N •? C! mkt W ???? ? r, 11i o .? qr m to pf .?? s V 1- ? 0 F- M c?1 m V 'O O 'O eQ t? o o ?, Ca a o F e m_ ?- p IE i? C 2 m O r?''c Q p r N i ~Q 0 CL : ? E Q ;d c e V LL. PATERSON ;/26/2008 17:21 6102653327 %P o? pp O S ? ? N C C m ew 'o O K cil K r U C m o g ?CP c a E Y .2 G o ?? o 3 ? ? lt! ? ? V Z a W N 0 N V ~ .a co tea m ?gg too 3 a m 0 0. p w •, O 4 c d a ?m A PA 1 W,tiUN 2612008 17:21 LIB 0 W 0 4 T v 6102653327 Nd d! 4 a m W-9 0. N l0 c02 Ole x ° 4 ? Ear ? 0 tam ? N so 40 Z ? e o ?O g O 1100 A 4 !? 5 C o ra tri W a L o 0 V 0 ca ? O c`3 O O O b ifs G C b d v ? .5 a "m a R Q Q 4- m O m c V 0 m? 4 N 6/2008-17-21 610Lb5831! W oG W 0 Q V r 4 m luo W b 0 x ?? v U) Q C o. m A M U7 13 - ra t tKtDUN t1pp N ? N ?0? r m t ? G V C sn m ? m .g 0 9 M CODN 'O o Q s r S y ,orr O ?p b c? AN 10« o? N ¢? fa/'1 p d? G Q N C' cD O V C C6 0 C- d ? 0 eP C o -do G ? O ? v'?i F'A1tK5? 26/2008 17:21 6102653327 o °• g O S O ? ? o 8 ? ? N C1 r W ? N a a 0 W z m H re- T V v 0 s A v CD ?' a Q. M O .3c C6 ? R I p J y N o 1 4 0 us 4 to u d ?° ,4 °a CG C o Ca i Q aC e? Y o U a? Ac • Q a? LLI D Q d O oil o.m m 26/2008 17:21 6102653321 m c ear my E o > ~ N C`i t? C 0 qt W '? T M w C x -? C9 ? c CCI m?m$ o a $?s „s r. V'! = C7 G w 4 ? ? t? W C _3natW d 12y S C i. p ? G m Co geo 4 ?°? ? ? 4?N 100 2612008 17:21 6102653327 ra i tK,;uN ti $&I o 00 ; S cc?? N T M d Y V a? a r ? u A v 3ro Y r' 4&® Dag ? ?9° l moor O.S. O? ..a?°N sit e ?+ v tpaO 40, oo E Q $? ?YF O??t/fcJa p = 0? Yj I?? ? m m c{ ? p °.0 0 IS c 's -? o M O 4 an E v, a $, 26/2008 17:21 6102653327 PATERsON o M cc itzi t 40 to N 60- Q 0 LL1 Z 4 S V V V N o V N = t ?" E a F???,B Q tt A? ?fc?i??-j' c p ho" N ? U t ? t li c ? u at a arc m G 4 G Q: m st a L16 m a`? w V W O ?m S? O ;? N $P Paterson, Inc- 637 Kingswood ROad King of Prussla, PA 19406 Crew Time lost due to In?ProPerry Shot Rock To: Sheffer Builders 401 E. Elm get 1 $428 Conshohocken, PA Change order #11 Nov 27128128: inlet 8A " Inlet 10 • inlet 18 $2.120.00 Rock not shot ink ho s a 58301hr lost " Crew time Dee 11: Inlet 19 to Inleet 2 51.990.00 Rock not shot ?? t at Inlet 12 Crew had rs @ SS3011r u Crew time lost - 3 ho Jan 15: inlet 6 d to be r8-shot $1,060.00 ha Rock not s co % - 2 hours 411 5530R'r Crew time 1 +74 n 24: M°nfiOie N - Station 1 }at ' -shoot sh had to re J l $1,080.00 a a Rock not shoUmissed, f lost - 2 hours 12 $S301hr Cre,u time Jan 30: Lateral Building 200 trench ter sW $1,060.00 Rock not shot. Blas $6301hr lost. 2 hours crew time or at all Lateral not;hot proPe?Y drill S shoot l a $Z,120.00 2 Latsrafs had to Feb uilding guild!»g 3Q0 - B rs 0 S6301hr t 4 hou Crew time los $jlosO,00 Feb 7: Re-°hot 1-°tsrat BuildingoQ0 lost - 2 hours g Crew time 8: Re-shoot Late., Building 300 not shot Trench Feb 51,590.00 Remove rock Sx8X3 from ?? 01hr 3 hours lost - Crew dme Building 500 Rock not shot Feb 11: Lateral nch to instsll Laura, 60.00 $1 of Tre Redig to side No Blaster. 3 hours rs s dig $6301hr , hou Crew time lost - ? Feb 29: o + 270 to Manhole Ned to drag boulder ot shat prop ? ftater, dra 1.080.00 e Rock n llsd out of trench to ? oure 0 S?01hs lost - Crew time LZ£Eg9Z019 T£:LT 880Z19V90 NOS-?mvd - -.-W J March 446- 2 Laterals not shot Manhole T - U, lettblde Blaster had to drill and Shoot5301hr crew time lost - 3 hours March 21: Found Z sticks of Dynamite that did not ignlto in Trench. called 6"*tsr s later Blaster can9 out 1 h hrours$ Crew time lost - 2.5 h53olhr March 24: Found 6 sticks of Dynamite that did not ignite in Trench, called giaster Crew time lost - 2.6 hours Q $6301hr March 26. Rock nut shot at L - 0 + 20 Found 3 sticks of Dynsmlffi that did not lgnKe In Trench, called OW uts @ S630fhr crew time lost - 3 ho March 26, Blaster re-shot rock EW to l f"t 14 Station o + 20 $5301hr crow time last - 3.5 hours April 31 Blastef r"hot rock at O + 90 2 hours ? 56301hr Crew tine lost - -Trench Apd17: Blaster reshot rock at bottom of at O + 90 again 630mr Crew time lost -1 hours $ TOTAL DUE: Acceptance of Change Order Shaffer sunders K)S2GlVd £0 39tid $1,690.00 $1,326.00 51,325.00 5I,W.00 $,1,966.00 $1,060.00 51,060.00 $23,686.00 Patrick R. Paterson BP Paterson, tnc. £:Lt S00Z/9Z LZ££59Z0t9 t /90 y0 39Vd tG 9" w N ?, m o V n ?a m ? O „i 49 e n ))P o 4 d o a 0 m ?t a a ?w •• r, °° c ?mm CL ?.4 uwibi°O m 'm o rn a q v as a ?? V ?a ?P 0 rn N N ; rn ?o g ?g LZEE99Z019 tE:Lt 800Z/9Z/90 1111111 t tilt list, 11,1-, lilt 8 0 tit ? ?? ?? goo VA cr7? ga T ? 0 T IL w o? .4 144 M M i J j P_ ? ?yy ? m A 8 x s ?o g 0 S .. N S 13 I C) QQ R ° Q a a. ? z Z ?;z to a ? v = ?• v m m a m 0 o z 3 OR d O n 0 w a a y r ? J y^ O ? O D -a (D O X A C ? ` OD OD cpi m U I W 4 A ? O 3 ? m ? D M N N R N N ?y O N a ? A a N Woo (m O? . 4 0 H O O O 'a N .+ A A ? a V. 0 O n C 3 m ? 3 w yj w 0 o N _ N EXHIBIT "B" . 0 Prepared by: John H. Kiefel, Esquire 721 East Lancaster Avenue Downingtown, PA 19335 Return to: George Ozorowski, Esquire Hughes, Kalkbrenner & Adshead, LLP 1250 Germantown Pike, Suite 205 Plymouth Meeting, PA 19462 UPI No. 36-35-2385-131 DEED MADE THE r//day of September 2007, BETWEEN EDUCATIONAL PROPERTY GROUP, INC., of 47 Marchwood Road, Suite 2A3, Exton, Pennsylvania, 19341, hereinafter called GRANTOR AND SHIPPENSBURG APEX, LP, of 401 East Elm Street, Conshohocken, Pennsylvania 19428, hereinafter called GRANTEE WITNESSETH, that for and in consideration of the sum of Four Million Seven Hundred Fifty Thousand ($4,750,000.00) Dollars consideration, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey, in fee simple, to the said Grantee, its successors and assigns, ALL THAT CERTAIN tract of land situate in Shippensburg Township, Cumberland County, Pennsylvania, as shown on a Subdivision Plan for G & C Associates for Apex Village, by Fischbach Morgan & Associates, R.S. dated August 10, 2006, recorded in Cumberland County Recorder of Deeds Office Plan Book 93, Page 60, being designated as Lot 7, more particularly bounded and described as follows: BEGINNING at a point on the southwestern edge of Asper Drive; thence by other lands of Grantors North 43 degrees 12 minutes 00 seconds West a distance of 581.53 feet to an iron pin to be set at the corner of the storm water basin and the emergency access road as shown on the Subdivision plan; thence along the edge of the existing storm water basin North 47 degrees 18 minutes 16 seconds East a distance of 290.31 feet to an iron pin to be set; thence continuing by the edge of the storm water basin North 43 degrees 13 minutes 31 seconds West 215.75 feet to a point at lands now or formerly of Conrail Lurgan Branch Railroad; thence along said Conrail Railroad lands North 76 degrees 48 minutes 08 seconds East a distance of 106.35 feet to a point; thence continuing by said Conrail Railroad property North 79 degrees 38 minutes 43 seconds East a distance of 306.07 feet to a point; thence along other lands of G & C Associates South 42 degrees 44 minutes 58 seconds East a distance of 581.17 feet to a point; thence by other lands of G & C Associates on the southeastern Asper Drive South 47 degrees 18 minutes 23 seconds West a distance of 634.90 feet to an existing iron pin, the point and place of BEGINNING. CONTAINING 9.388 acres, more or less and being all of Lot 7. BEING a portion of the real estate which Galen S. Asper and Jeannette A. Asper, by their attorney in fact by deed dated July 30, 1992 and recorded in Cumberland County Deed Book "L" Volume 36, Page 809, granted and conveyed to H. Scott Garling and Michael J. Cassidy, co-partners, t/d/b/a G & C Associates. H. Scott Garling died July 29, 1994. Letters of Administration were issued to Barbara L. Garling on August 8, 1994, by the Cumberland County Register of Wills. By specific provision of the Partnership Agreement between H. Scott Garling and Michael J. Cassidy, the personal representative of a deceased partner, may succeed to the interest of the deceased partner and continue to conduct partnership business. Barbara L. Garling previously elected to succeed to the interest of the deceased partner, but has since withdrawn from the partnership. Julie A. Cassidy has become a partner and joins in this deed of conveyance with Michael J. Cassidy as Grantors herein. The parties executing this deed of conveyance are all of the partners of G & C Associates, and this deed of conveyance has been approved in accordance with the requirements of the partnership agreement. BEING Tax Parcel Number: 36-35-2385-131 BEING the same premises which Julie A. Cassidy and Michael J. Cassidy, co-partners, by Deed dated October 10, 2006 and recorded on October 18, 2006, in the Office for Recording of Deeds in and for Cumberland County granted and conveyed unto Educational Property Group, Inc. SUBJECT, HOWEVER, to all easements, rights-of-way, utility easements, sanitary sewer easements, water line easements, access easements, Notes on the Subdivision Plan for Apex Village, and easements and rights-of-way of record. Under and subject to all easements, agreements, conditions, and restrictions of record to the extent valid and enforceable and still applicable to the above described premises. AND the said Grantor covenants and agrees that it will warrant and defend specially the property hereby conveyed. TOGETHER with all and singular the Buildings and Improvements, Ways, Streets, Alleys, Passages, Waters, Water-courses, Rights, Liberties, Privileges, Hereditaments and Appurtenances, whatsoever thereunto belonging, or in any wise appertaining, and the Reversions and Remainders, Rents, Issues and Profits thereof; and all the Estate, Right, Title, Interest, 2 Property, Claim and demand whatsoever of the said Grantor, in law as in equity, or otherwise howsoever, of, in, and to the same and every part thereof. TO HAVE AND TO HOLD the said lot or piece of ground above described with the improvements thereon erected, Hereditaments and Premises hereby granted, or mentioned and intended so to be, with the Appurtenances, unto the said Grantee, his heirs, executors, administrators, successors and assigns, to and for the only proper use and behoof of the said Grantee, his heirs, executors, administrators, successors and assigns, forever, AND the said Grantor, for herself, her heirs, executors, administrators, successors and assigns, does by these presents, covenant, grant and agree, to and with the said Grantee, his heirs, executors, administrators, successors and assigns that she the said Grantor for herself, her heirs, executors, administrators, successors and assigns, all and singular the Hereditaments and Premises herein above described and granted, or mentioned and intended so to be, with the Appurtenances unto the said Grantee, his heirs, executors, administrators, successors and assigns, against her the said Grantor and her heirs, executors, administrators, successors and assigns, and against all and every Person or Persons whomsoever lawfully claiming or to claim the same or any part hereof, by, from or under her, him, them, shall and will WARRANT and forever DEFEND. IN WITNESS WHEREOF said Grantor has hereunto set its hand and seal the day and year first above written. EDUCA O AL PROPE ROUP, IN C. By: JOHN WALSH, President 3 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF 4127C,lJ _T&?? ON THE 61 7 v day of " o eol6L , 2007, John E. Walsh, in his capacity as President of Educational Property Group, Inc., personally appeared before me, a Notary Public in and for the said state and county, the above-named persons acknowledged the foregoing document to be his act and deed and desires that the Deed might be recorded according to law. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SWORN TO SUBSCRIBED Before me this 4 77 day Of ?cGardPaG , 2007 O NOT6? PUB IC COMMONWEALTH OF PENNSYLVANIA AL - RAYMOND R VETRBRUGG E Notary Public PlymOo am T%P •• elyCogs. I do hereby certify that the precise residence and complete post office address of the within named Grantee(s) is: Shippensburg Apex, LP 401 East Elm Street Conshohocken, Pennsylvania 19428 SHIPPENSBURG APEX, L.P. By its General Partner SHIPPENSBURG APEX, LLC WITNESS: By: 4 t :o t ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200736421 Recorded On 9/19/2007 At 10:25:50 AM * Instrument Type - DEED Invoice Number - 4827 User ID - RAK * Grantor - EDUCATIONAL PROPERTY GROUP INC * Grantee - SHIPPENSBURG APEX LP * Customer - SUBURBAN PHIL ABSTRACT * FEES STATE TRANSFER TAX STATE WRIT TAX STATE JCS/ACCESS TC JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE SHIPPENSBURG AREA SCHOOL DISTRICT SHIPPENSBURG TOWNSHIP TOTAL PAID $47,500.00 $0.50 $10.00 $11.50 $11.50 $2.00 $3.00 $23,750.00 $23,750.00 $95,038.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ?y IF cuyee ,o 0 Sts-/ ° RECORDER OF DDS »ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 000502 '1Y f? y„ Q D PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) ----------------- - ------ - -- - -- - ------ - ----------------------- -------------- - ------------------ - ------------- CAPTION OF CASE (entire caption must be stated in full) B. P. PATERSON, INC. VS. SHIPPENSBURG APEX, LP No. 2008-3849 MLD Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiff's Mechanics' Lien Claim 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jeanette M. Simone, Esq. RILEY, RIPER, HOLLIN & COLAGRECO (Name and Address) P. 0. Box 568, Paoli, PA 19301 (b) for defendants: George J. Ozorowski, Esq. HUGHES, KALKBRENNER & ADSHEAD, LLP (Name and Address) 1250 Germantown Pk., Suite 205, Plymouth Meeting, PA 19462 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 22, 2008 Signature Date: August 22, 2008 George J. Ozorowski, Esquire Print your name Attorney 7-.D-.No. 67410 Shippensburg Apex, LP Attorney for INSTRUCTIONS: 1. 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. t? r r? f7 No N y l i x HUGHES, KALKBRENNER & ADSHEAD, LLP By: George J. Ozorowski, Esquire Identification No. 67410 Suite 205, 1250 Germantown Pike Plymouth Meeting, PA 19426 (610) 279-6800 B.P. PATERSON, INC. V. SHIPPENSBURG APEX, LP Attorney for: Shippensburg Apex, LP COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3849 MLD MECHANIC'S LIEN CERTIFICATION OF SERVICE I, George J. Ozorowski, Esquire, hereby certify that on or about August 22, 2008, I caused a true and correct copy of my Entry of Appearance, Defendant Shippensburg Apex, LP's Preliminary Objections to Plaintiff's Mechanics' Lien Claim, Praecipe for Listing Case for Argument and Brief in Support of Preliminary Objections to Mechanics' Lien Claim to be served upon all opposing counsel and/or parties by first class mail, postage prepaid as follows: Jeanette N. Simone, Esquire Riley, Riper, Hollin & Colagreco P.O. Box 568 Paoli, PA 19301 I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. George J. zor ws ci, Esquire DATED: August 22, 2008 v ? i r r in Cc ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03849 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BP PATERSON INC VS SHIPPENSBURG APEX LP 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 OWNER , to wit: SHIPPENSBURG APEX LP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On August 11th , 2008 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So answer Docketing 18.00 ? .--?? l? Out of County 9.00 Surcharge 10.00 ?I 0 R. Thomas Kline Dep Montgomery Co 33.00 Sheriff of Cumberland County Postage 6.33 08/11/2008 RILEY RIPER HOLLIN COLAGRECO Sworn and subscribe to before me this day of A. D. w. 1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03849 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BP PATERSON INC VS SHIPPENSBURG APEX LP R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER SHIPPENSBURG APEX LP to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On August 11th , 2008 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery .00 58.00 08/11/2008 RILEY RIPER HOLLIN COLAGRECO , Sheriff or Deputy Sheriff who being So answers 6.00 -'? 9.00 10.00 R Thomas Kline 33.00 Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania B.P. Paterson Inc. ' VS. Shippensburg Apex LP No. 08-3849 civil Now, July 1, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montcmgery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service N w u] al b, a Sof nud nab' k+? `% U . fo * 46k OC?AW 1404 5 A M? ? It 6?2Sj- ? ?+?? Sworn and subscribed before me this day of , 20 So answers, and made known to the contents thereof. COSTS SERVICE $ MILEAGE AFFIDAVIT In, The Court of Common Pleas of Cumberland County, Pennsylvania B.P. Paterson Inc. vs. Shippensburg Apex L. P. No. 08-3849 civil Now, July 28_, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. //. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, AM ? , 20 l3? at ? S o'clock P1r M. served the within upon S at oy.,t? by handing to a and made known to copy of the original So answers, the contents thereof. Sheri County, PA IA 19 Sworn and HS' me this y 091NO COSTS SERVICE _ MILEAGE _ AFFIDAVIT $ t 4^ Y r RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire Attorney Identification No. 88267 P.O. BOX 568 Paoli, PA 19301 (610) 647-5800 B.P. PATERSON, INC. 537 Kingwood Road King of Prussia, PA 19406 Claimant V. SHIPPENSBURG APEX, L.P. 401 East Elm Street Conshohocken, PA 19428 Defendants Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN No. 08-3849 MLD PRAECIPE TO SATISFY MECHANICS' LIEN TO THE PROTHONOTARY: Kindly satisfy Plaintiff's Mechanics' Lien claim in the above-captioned matter. Date: " ., RILEY RIPER HOLLIN & COLAGRECO By. Jeanette N. Simone, Esquire 81984.1 RILEY RIPER HOLLIN & COLAGRECO By: Jeanette N. Simone, Esquire Attorney Identification No. 88267 P.O. Box 568 Paoli, PA 19301 (610) 647-5800 B.P. PATERSON, INC. 537 Kingwood Road King of Prussia, PA 19406 Claimant V. SHIPPENSBURG APEX, L.P. 401 East Elm Street Conshohocken, PA 19428 Defendants Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : MECHANICS' LIEN No. 08-3849 MLD CERTIFICATE OF SERVICE I, Jeanette N. Simone, Esquire, hereby certify that on November 19, 2008, I caused a true and correct copy of the Praecipe to Satisfy Mechanics' Lien to be served upon all op osin counsel and/or parties by first class mail, postage prepaid as follows: p g George J. Ozorowski, Esquire HUGHES, KALKBRENNER & ADSHEAD, LL P Suite 205, 1250 Germantown Pike Plymouth Meeting, PA 19426 I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: C RILEY RIPER HOLLIN & COLAGRECO BY: Asi2e Jeane to N. Simon , Esquire 81984.1 ' PO