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Home My WebLink About08-6092 KEYSTONE CONTRACTING, INC., Claimant, V. ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - (0092, ?uz> MECHANICS' LIEN CLAIM MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Keystone Contracting, Inc., by and through its attorneys, Wix, Wenger & Weidner, and files this Mechanics' Lien Claim, stating as follows: 1. 2. 3 4 5 Claimant, Keystone Contracting, Inc., is a Pennsylvania corporation, which maintains its principal place of business at 51 Cove Road, Duncannon, PA 17020. Claimant files this Mechanics' Lien Claim as a subcontractor. The owners of the property subject to this lien are Robert P. Troutman and Paula Sue Troutman ("Owners"), who reside at 202 Westgate Drive, Mt. Holly Springs, PA 17065. The date on which Claimant last performed work was May 27, 2008. Claimant did not complete all work on the property because Claimant was not paid the amount owed for its work despite Claimant's demands; and, Claimant was not provided with adequate assurance that it would be paid for the work performed. Claimant provided formal notice of its intention to file a Mechanics' Lien Claim on August 11, 2008, via first class and certified mail. A copy of the notice is 1 attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 6. Claimant files this claim under a written contract with Varish Construction, Inc. (the "Contractor'), which served as contractor to Constantinos and Elaine Mallios, prior owners of the property subject to this lien, dated August 8, 2007 (the "Contract") wherein Claimant agreed to fumish the labor and materials necessary for the excavation, erosion control, sewer installation, storm sewer installation, grading, water line installation, curbing and paving, in connection with the improvement of the properties claimed to be subject to this lien, to prepare them for the erection and construction of residential homes, streets, and stormwater management. A copy of the Contract is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth. 7. Contractor and Claimant agreed that Claimant would provide the labor and materials necessary to perform the work listed in the Contract. Contractor and Claimant agreed that the work would be performed at a flat rate, as shown in the Contract. 8. In addition, Contractor and Claimant agreed that Claimant would provide clearing work (digging out tree stumps, hauling tree stumps, burying tree stumps, and removal of trees) at an hourly rate for the machine and operator. 9. Pursuant to the Contract and subsequent agreement of the parties, Claimant performed the work as set forth on Exhibit "C," which is incorporated herein by reference as though set forth in full. 2 10. Claimant sent periodic invoices to Contractor for the portion of the work performed by the date of the invoice. The total amount billed for the work performed is $1,033,732.36. The total amount paid is $822,110.17. 11. The amount claimed to be due is $211,622.19. 12. The improvements and property claimed to be subject to the lien is known as 202 Westgate Drive, Mt. Holly Springs, PA 17065, and known as Lot No. 123, Phase V, as shown on the Final Subdivision and Land Development Plan for Westgate Development, South Middleton Township, Cumberland County, Pennsylvania, recorded in the Recorder of Deeds Office in Plan Book 94, Page 59, on May 21, 2007, and which as a tax parcel number of 40-12-0340-100. Respectfully Submitted, Date: w'x/0g WIX, WE By: EIDNER Jeffre I , I.D. # 89277 508 nd Street P.O. 845 Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant 3 EXHIBIT "A" WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW DEAN A. WEIDNER 508 NORTH SECOND STREET STEVEN C. WILDS THERESA L. SHADE WIX POST OFFICE BOX 845 DAVID R. GETZ HARRISBURG, PENNSYLVANIA 17108-0845 STEPHEN J. DZURANIN JEFFREY C. CLARK PETER G. HOWLAND (717) 234-4182 ' Also Member Massachusetts Bar FAX (717) 234-4224 www.wwwpalaw.com Robert P. Troutman and Paula Sue Troutman 202 Westgate Drive Mt. Holly Springs, PA 17065 August 11, 2008 THOMAS L. WENGER ROBERT C. SPITZER Of Counsel Suburban Office: 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717) 652.8455 Via Certirled and First Class Mail RE: Keystone Contracting, Inc. Formal Notice of Intent to File Mechanics' Lien Phases 5, 6, and 7 of Westgate Development, Cumberland County, Pennsylvania Our File No.: 4920-15040 Dear Mr. and Mrs. Troutman: This firm represents Keystone Contracting, Inc. ("Keystone"). This is Keystone's formal notice of its intention to file a Mechanics' Lien against your property, known as 202 Westgate Drive, Mt. Holly Springs, PA 17065, also known as Lot No. 123, Phase V, as shown on the Final Subdivision and Land Development Plan for Westgate Development, South Middleton Township, Cumberland County, Pennsylvania, recorded in the Recorder of Deeds Office in Plan Book 94, Page 59, on May 21, 2007, and which has a tax parcel number of 40-12-0340-100. The lien will be filed for its work in connection with improvement of the properties to prepare them for the erection and construction of homes. This notice is being served by Keystone as a subcontractor to Varish Construction, Inc., contractor to Constantinos J. Mallios and Elaine Mallios, prior owners of your property. Keystone provided the excavation, erosion control, sewer installation, storm sewer installation, grading, water line installation, curbing and paving. Keystone completed its work on the project on May 27, 2008. WIX, WENGER & WEIDNER Mr. and Mrs. Troutman August 11, 2008 Page 2 Unless the amount of $211,622.19, due to Keystone for its work, is promptly paid, Keystone will file a Mechanics' Lien to secure payment for its work on the property. JCC/hjob cc: Keystone Contracting, Inc. Sincerely, Wix, Wen & bidner By: Jeff r Crk ¦ Complete steins 1, 2, and 3. Also complete ?.. item 4 If Restricted°DeWery Is desired. ¦ Print your name and address on the reverse f so that we can retumrthe card to you., ¦ Attach this card to the hack of the mailpiece, or on the front 9 space permits. 1. Article Addressed to: off : ???? ? ??oc>o? X, - R' Nam C. Date of1Dell r ,.,. D. Is delivery address dfffere d from stern 1? U Yes If YES, enter delivery address below: )a No 3. TYPO pC. rtw mail 0 5prws Mail 0 Registered etm Receipt for Merchandise 0 Insured mall (3 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7003 1680 0006 5640 7492 (rmns w from service bw 1025955,02-WI ?Iw Domestic Return Receipt PS Form 3811, February 2004 ru r CERTIFIED RECEjPT =I- (Domestic • 171- For deliver y OFFIC L IA U , S. wtEr .m Ln Postage $ C3 Certified Fee C3 O r m Reciept Fee (Endorsement Required) Postmark Here C3 co Restricted Delivery Fee (Endorsement Required) a T l ' ota Postage & Fees I s M O Sent T pt Rr A r`- Stres----- -- --- ----- a -- ------ - ° ---- s Apt. No.; or PO Box No. 7 Gr --------.......---.... ?,ry s ?-,- 4 - - 1/ ------ W y, -- ?-LLL ?6?` .. -- n` / EXHIBIT "B" PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834.9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street: 800 Bullfrog Road Job Name: Westgate City, State & Zip Code: PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for Westgate EROSION CONTROL 3 Construction Entrances $ 4,500.00 1 Outlet Basin $ 1,000.00 I Endwall $ 850.00 28 FT of 24 IN CUT $ 14.00 1 Skimmer $ 1,021.00 22800 SF Grass Lines Swales $ 10,260.00 Temporary Seed and Mulch $ 3,000.00 BtULKEXCAVATION Strip 42301 CY of Topsoil $ 95,177.25 105084 CY Bulk Grading $309,997.80 Place 105084 CY and Compact Fill $ 73,558.80 ae1of7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involvipg extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Note: This proposal may be withdeawn by us if not accepted within 30 days of prapbsel - The above prigs, specifications and conditions are savory and are hereby accepted. You are Signature: to do the work as specified Payment will be made as ove. E cceptance: 7 Signature: Date PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 8349900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street 800 Bullfrog Road Job Name: Westgate City, State 8c Zip Code: PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate Mobilization $ 8,000.00 SAMMARY SEWER 3422 FT of 8 IN SDR 0-10 Vbeddmg S 73,846.76 525 Ft of 8 IN SDR 10-12 w/bedding $ 12,080.25 140 FT of 8 IN SDR 12-14 w/bedding $ 3,956.40 2305 FT of 6 IN SDR Lateral 0-10 $ 38,009.45 351 FT of 6 IN SDR Laterals 10-12 $ 6,233.76 72 FT of 6 x 6 IN Wye Connections $ 2,880.00 169 Manholes $ 27,040.00 19 Flow Channels $ 2,565.00 1 Tie Into Existing Manhole $ 998.39 1 Stub and Plug Manhole $ 1,000.00 Page 2 of 7 We Propose hereby to f4mish material and labor - complete in accordance with above specifications, for the sum of- Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. owner to carry fine, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Note: This proposal may be withdrawn by us if not accepted within 38 days insurance. Aecovmece of propwal - The above prices, specifications and -17 conditions are satisfactory and are herby accepted. You are Signature. ' 1 made as authorized to do the work as specified. Payment i outlined above. Date of Acceptance: (? 1 Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cave Road Duncannon, PA 17020 7I 8349900 Proposal Submitted To: Varish Conswiction, Inc. Phone: 717-334-7173 Date 08/01/07 Street: 800 Bullfrog Road Job Name: WesWe City, State 8c Zip Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westpte 72 Test Tees $ 2,880.00 2 Test Per Temp Specs $ 3,000.00 STORM SEVER 3914 FT of 19 IN SUP $ 83,369.20 266 FT of 24 IN SUP 0-6 $ 7,049.00 32 FT of 24 IN SLPP 6-8 $ 896.00 172 FT of 30 IN SUP $ 5,736.20 14 Manholes $ 2,100.00 245 Inlets $ 36,750.00 43 Flow Channels $ 3,655.00 43 Inlet Protection $ 4,300.00 Remove I Inlet $ 500.00 Pan of 7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of- Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability insurance. Note: This proposal may be withdrawn by us if not accepted within days A pvnd - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are Smgilattae: -e- d h k th i d to o t e wor au or ze as specified. Payment veil b as 1-? o? above. Date of Acceptance: b ?Signature: ro PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street: 800 Bullfrog Road Job Flame: weswft City, State & Zip Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate 3 Endwall $ 2,550.00 R4 Rock $ 1,625.00 CULVERT WESTGATE DRIVE 90 FT OF 103 X 81 IN CMP $ 11,991.60 2 Headwall and Endwall $ 9,990.00 CULVERT PARKWAY DRIVE 180 FT of 59 x 81 IN CUP $ 19,141.20 2 Headwall and Endwall $ 15,720.00 WATER LINE 4425 FT of 12 IN PVC Main $ 117,262.50 6 FT of 12 IN MJ Gate Valves $ 6;660.00 6 FT of 6 IN MJ Gate Valves $ 2,820.00 e4of 7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability hauranoe. Note: Tbis proposal may be withdrawn by us if not accepted within 30 days Accq% w of prepoad - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are adhorned to do the work as specified Payment be as Signature:. outlined above. Date of Acceptance: "'? Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dnncannon, PA 17020 71 834-9900 Proposal Submitted To: Vanish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street; 800 Bullfrog Road Job Name: Weswft City, State & Z' Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate 4 12 x 12 MJ Tee $ 1,200.00 6 12 x 6 hydrant Tee $' 1,920.00 13 12 IN Bends $ 1,755.00 6 Fire hydrant $ 14,400.00 4 Tie Into existing 000400 6 $ , 12 Valve Boxes $ 1,200.00 13 Thrust Blocking $ 3,250.00 2 Testing $ 1,900.00 WATER SERVICE 43 % IN Short service $ 20,425.00 33 FT % IN Long service $ 19,800.00 P e5of 7 We Propose hereby to fiunish material and labor - complete in accordance with above specifications, for the sum of: Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingerit upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Insurance. Note: This proposal may be withdrawn by us if not accepted within 30 days Acae;maee of propmd - Tlu above prices, specifications and conditions are sa isfsctory and are hereby aaxpted. You are Signature: authorized to do the work as speci5ed. Payment be made as outlined above. Date of Acceptance: Sign?ure: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street:. 800 Bullfrog Road Job Name: Westgate City, State & Zip Code: Gettysbur& PEA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate CURBING 8835 SF Grade and Backfill $ 15,46125 8835 Ft of Rolled Concrete Curb $ 78,189.75 PAVING 16935 SY Fine Grade $ 11,007.75 16935 SY of 8 IN Crushed #4 Stone $ 114,311.25 16935 SY of 2 IN BCBC Paving $ 105,504.75 16935 SY of 1 IN Wearing Paving $ 64,641.70 TOTAL $1,475,000.00 P e6of7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of 1Doflars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, Authorized Sigaature: tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability insurance. Note: This proposal may be withdrawn by us if not accepted within 30 days Aeocpmnw of proposal - The above prices, specifications and coadWons are satishctmy and are hereby accepted. You are authorized to do the work as specified. Paymeat ll be a as Signature: outlined above. , Date of Acceptance: (? '? Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-3347173 Date 08/01/07 Street: 800 Bullfrog Road Job Name: Westgate City, State & Z' Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for: Westgate Note: All asphalt pricing in this proposal will be subject to escalation based on the published Penn Dot Liquid asphalt index price at the time of placement. Index price as of 07/31/07 is $328.00 a liquid ton. Pipe and other material prices are good for 30 days. Payment to be made within 10 days from date of invoice. All materials stocked onsite are to be paid for due to escalation costs. Inspection and testing fees to be done by others. Any soils to be deemed unsuitable will be dealt with on a cubic yard basis. The grading may be altered from original plan due to areas that trees are to remain. Wires and poles to be relocated by others. Day schedule to complete job may altered due to in climate weather. Bulk of clearing and silt fence done by others. Keystone hired at time and material to finish clearing. Page 7 of 7 ANY ROCK ENCOUNTERED WILL BE ADDITIONAL We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate.. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by workmen's Compensation area Liability Insurance. Note: This Prnpow1 may be withdrawn by as if not accepted within 30 days Acmpaw of prgxasa! - The above prices, specificaum and conditions am satisfactory and are hereby accepted. You are Signature: autho i d t d th k fi r ze o o e wor as speci ed Payment will as outlined above. Date of Acceptance: U Signature; CHANGE ORDER Keystone Contracting, Inc. Project: Westgate Change Order No. 08-01 Initiation Date: 06/11108 Project No:. Contract For. Westgate Contract Date: The contract is changed as follows: Electrical Excavation $36,520.00 Gas Excavation $32,520.00 Additional Water Line and Valves $ 7,300.00 20 Rolls Straw Matting Erosion Blanket $ 960.00 Grub and Clear $14,348.75 Total Add $ 91,648.75 Not valid until signed by Varish Construction Inc. The Original Contract Sum Net Change by previously authorized Change Orders The Total contract Sum prior to this Change Order The Contract Sum will be (INCREASED) by this Change Order The New Contract Sum including this Change Order The Contract Time will be (unchanged) by Varish Construction Inc. 800 Bullfrog Road Gettysburg, PA 17325 Contractor: Keystone Conhacting, Inc. By: Date By: $1,475,000.00 $ -0- $1,475,000.00 $ 91.648.75 $1,566,648.70 (0) Days Date EXHIBIT "C" Work Completed: Erosion Control Installation of three construction entrances Installation of one outlet basin Installation of endwall Installation of 28 feet of 24 inch CMP Installation of skimmer Temporary seed and mulch Bulk Excavation Strip 42,301 cubic yards of topsoil Bulk Grading of 105,084 cubic yards Place and compact fill - 105,084 cubic yards Mobilization Sanitary Sewer Installation of 3,422 feet of 8 inch SDR 0-10 with bedding Installation of 525 feet of 8 inch SDR 10-12 with bedding Installation of 140 feet of 8 inch SDR 12-14 with bedding Installation of 2,305 feet of 6 inch SDR lateral 0-10 Installation of 351 feet of 6 inch SDR laterals 10-12 Flat Rate: % Completed: Amount Owed: $4,500.00 66.67 $3,000.00 $1,000.00 100 $1,000.00 $850.00 100 $850.00 $14.00 100 $14.00 $1,021.00 100 $1,021.00 $3,000.00 50 $1,500.00 $95,177.25 97.47 $92,772.51 $309,997.80 99.22 $307,593.06 $73,558.80 96.73 $71,153.26 $8,000.00 69.94 $5,595.27 $73,846.76 48.75 $36,000.00 $12,080.25 74.92 $9,050.00 $3,956.40 48.73 $1,927.86 $38,009.45 39.46 $15,000.00 $6,233.76 100 $6,233.76 Installation of seventy-two 6 x 6 inch $2,880.00 67.01 $1,930.00 Wye Connections Installation of 169 vertical feet of $27,040.00 31.8 $8,600.00 manholes Installation of 19 manhole flow $2,565.00 100 $2,565.00 channels Installation of tie into existing $998.38 100 $998.38 manhole Installation of stub and plug manhole $1,000.00 100 $1,000.00 Installation of 72 test tees $2,880.00 67.01 $1,930.00 Sewer two test per temp specs $3,000.00 67 $2,010.00 Storm Sewer Installation of 3,914 feet of 18 inch $83,368.20 47.34 $39,468.90 SLPP Installation of 14 vertical feet of $2,100.00 100 $2,100.00 manholes Installation of 45 inlets $36,750.00 44.02 $16,176.84 Culvert Westgate Drive Installation of 90 feet of 103 x 81 $11,991.60 100 $11,991.60 CMP Installation of one headwall and $9,990.00 100 $9,990.00 one endwall Culvert Parkway Drive Installation of 180 feet of 59 x 81 $19,141.20 100 $19,141.20 inch CMP Installation of one headwall and $15,720.00 100 $15,720.00 one endwall Water line Installation of 4,425 feet of 12 inch $117,262.50 PVC main Installation of six 12 inch MJ $6,660.00 Gate Valves Installation of six 6 inch MJ $2,820.00 Gate Valves Installation of four 12 x 12 MJ Tees $1,200.00 Installation of six 12 x 6 hydrant tees $1,920.00 Installation of thirteen 12 inch bends $1,755.00 Installation of six fire hydrants $14,400.00 Installation of four ties into existing $6,000.00 lines Installation of 12 valve boxes $1,200.00 Installation of 13 thrust blocks $3,250.00 Water service Installation of forty-two 3/ inch $20,425.00 short service Installation of thirty % inch long $19,800.00 service Curbing Grading and backfill of 8,825 lineal $15,461.25 feet Installation of 8,835 lineal feet of $78,189.75 rolled concrete curbing 41.42 50 50 50 50 50 50 50 50 50 30 30 33.63 23.35 $48,684.90 $3,330.00 $1,410.00 $600.00 $960.00 $877.50 $7,200.00 $3,000.00 $600.00 $1,625.00 $6,127.50 $5,940.00 $5,200.00 $18,256.93 Paving Installation of 16,935 square yards $11,007.75 35.6 $3,918.27 of fine grade Installation of 16,935 square yards $114,311.25 35.6 $40,689.78 of 8 inch crushed #4 stone Installation of 16,935 square yards $170,196.45 35.6 $60,582.34 of 3 inch BCBC o paving Change order Excavation for installation of $36,520.00 100 $36,520.00 3,043 feet of electrical lines Excavation for installation of $32,520.00 100 $32,520.00 2,710 feet of gas lines Installation of additional water lines $7,300.00 100 $7,300.00 and valves Installation of twenty rolls of straw $960.00 100 $960.00 matting erosion blanket Grub and clear $14,348.75 100 $14,348.75 Installation of electrical crossing: $7,600.00 100 $7,600.00 506 feet of pipe and stone bedding Installation of gas crossing: $4,800.00 100 $4,800.00 320 feet of pipe and stone bedding Additional clearing work Machine: Hourly Rate: Hours worked: Amount owed: 963 Cat Loader $100.00 229.5 $22,950.00 Cat 953 Loader $90.00 44.5 $4,005.00 Dump truck $65.00 113.75 $7,393.75 VERIFICATION I have reads the foregoing Mechanics' Lien Claim and hereby affirm and verify that, to the best of my knowledge, information and belief, all of the statements made therein are true and correct, and I acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: / G b f 0 ? By: KEYSTONE Deborah Frisch, `F A ? r.a ^i CD Y p` q SHERIFF'S RETURN - REGULAR CASE NO: 2008-06092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE CONTRACTING INC VS TROUTMAN ROBERT P ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon TROUTMAN ROBERT P the OWNER , at 0805:00 HOURS, on the 18th day of October , 2008 at 202 WESTGATE DR MT HOLLY SPRINGS, PA 17065 PAULA TROUTMAN, WIFE by handing to a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.00 Affidavit 2.50 Surcharge 10.00 Postage ? 10/R40 Q ( I .59 3 7 0 9 , , . Sworn and Subscibed to before me this day of Q-G? c So Answers: f R. Thomas Kline 10/20/2008 WIX WENGER WE ER By. Deputy Sheriff Ini A. PUBLIC Carlisle Boro. Cumberland County Iv Commission Expires April 4, 0909 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE CONTRACTING INC VS TROUTMAN ROBERT P ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon TROUTMAN PAULA SUE the OWNER at 0805:00 HOURS, on the 18th day of October , 2008 at 202 WESTGATE DR MT HOLLY SPRINGS, PA 17065 by handing to PAULA TROUTMAN a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge 10.00 iel?3f ?P .00 17.00 Sworn and Subscibed to before me this 2?da of n IA?ttiat./ So Answers: R. Thomas Kline 10/20/2008 WIX WENGER WE NER By: eputy Sheriff WIX, WENGER & WEIDNER Jeffrey C. Clark, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 KEYSTONE CONTRACTING, INC., Claimant/Movant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners/Respondents : NO. 08-6092 MLD : MECHANICS' LIEN CLAIM MOTION TO FILE AMENDED MECHANICS' LIEN CLAIM AND NOW, comes Claimant/Movant, Keystone Contracting, Inc., by and through his attorneys, Wix, Wenger & Weidner, P.C., and files this Motion to File Amended Mechanics' Lien Claim, stating as follows: 1. No issue in this or a related matter has previously been before this Court. 2. Movant filed a Mechanics' Lien Claim (the "Claim") against Respondents, Robert P. and Paula Sue Troutman, on October 10, 2008. 3. The Notice of Filing of Mechanics' Lien Claim was served by the Sheriff of Cumberland County on October 18, 2008. 4. Movant has since determined that the amount owed to it, $212,622.19, should have been apportioned among the varying lots and improvements for which our client performed work. 5. After apportionment, the amount of the Claim should have been $5,760.63. 2 6. Movant seeks to amend the Claim and change the amount of the claim to be $5,760.63. 7. Movant's proposed Amended Mechanics' Lien Claim is attached hereto as "Exhibit A". 8. The agreement of Respondents to amend the Claim was sought, however, as of the date of this filing, Respondents have not responded to the Movant's request. 9. Amendment of the Claim is permitted by Section 504 of the Pennsylvania Mechanics' Lien Law, 49 P.S. § 1101 et seq. 10. This Motion does not require a hearing. 11. This Motion does not require any discovery. WHEREFORE, Claimant/Movant respectfully requests that this Court grant its Motion and enter an order permitting it to file an Amended Mechanics' Lien Claim. Respectfully Submitted, WIX, WENGER &VVbDNER Date: /7 vo D By:_ J ark, I.D.# 89277 --cond Street PRI Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 3 KEYSTONE CONTRACTING, INC., Claimant/Movant V. ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners/Respondents IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6092 MLD MECHANICS' LIEN CLAIM CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to File Amended Mechanics' Lien Claim was sent by first class mail, postage prepaid this day to the following: Robert P. and Paula Sue Troutman 202 Westgate Drive Mt. Holly Springs, PA 17065 Ily Submitted, W I, Date: II I ZS?D$ By: ENGERA WEI ,Pa 0a Cribben"Legal Assistant 50 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 EXHIBIT A KEYSTONE CONTRACTING, INC., Claimant, V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6092 MLD ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners MECHANICS' LIEN CLAIM AMENDED MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Keystone Contracting, Inc., by and through its attorneys, Wix, Wenger & Weidner, and files this Amended Mechanics' Lien Claim, stating as follows: 1. Claimant, Keystone Contracting, Inc., is a Pennsylvania corporation, which maintains its principal place of business at 51 Cove Road, Duncannon, PA 17020. 2. Claimant files this Amended Mechanics' Lien Claim as a subcontractor. A Mechanics' Lien Claim was previously filed on October 10, 2008. Notice of Filing of Mechanics' Lien Claim was served by the Sheriff of Cumberland County on October 18, 2008. 3. The owners of the property subject to this lien are Robert P. Troutman and Paula Sue Troutman ("Owners"), who reside at 202 Westgate Drive, Mt. Holly Springs, PA 17065. 4. The date on which Claimant last performed work was May 27, 2008. Claimant did not complete all work on the property because Claimant was not paid the 1 amount owed for its work despite Claimant's demands; and, Claimant was not provided with adequate assurance that it would be paid for the work performed. 5. Claimant provided formal notice of its intention to file a Mechanics' Lien Claim on August 11, 2008, via first class and certified mail. A copy of the notice is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 6. Claimant files this claim under a written contract with Varish Construction, Inc. (the "Contractor"), which served as contractor to Constantinos and Elaine Mallios, prior owners of the property subject to this lien, dated August 8, 2007 (the "Contract") wherein Claimant agreed to furnish the labor and materials necessary for the excavation, erosion control, sewer installation, storm sewer installation, grading, water line installation, curbing and paving, in connection with the improvement of the properties claimed to be subject to this lien, to prepare them for the erection and construction of residential homes, streets, and stormwater management. A copy of the Contract is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth. 7. Contractor and Claimant agreed that Claimant would provide the labor and materials necessary to perform the work listed in the Contract. Contractor and Claimant agreed that the work would be performed at a flat rate, as shown in the Contract. 2 8. In addition, Contractor and Claimant agreed that Claimant would provide clearing work (digging out tree stumps, hauling tree stumps, burying tree stumps, and removal of trees) at an hourly rate for the machine and operator. 9. Pursuant to the Contract and subsequent agreement of the parties, Claimant performed the work as set forth on Exhibit "C," which is incorporated herein by reference as though set forth in full. 10. Claimant sent periodic invoices to Contractor for the portion of the work performed by the date of the invoice. The total amount billed for the work performed is $1,033,732.36. The total amount paid is $822,110.17. 11. The amount owed for the work performed is $211,622.19. The amount of this claim, after apportioning the total debt among the varying improvements, is $5,760.63. 12. The improvements and property claimed to be subject to the lien is known as 202 Westgate Drive, Mt. Holly Springs, PA 17065, and known as Lot No. 123, Phase V, as shown on the Final Subdivision and Land Development Plan for Westgate Development, South Middleton Township, Cumberland County, Pennsylvania, recorded in the Recorder of Deeds Office in Plan Book 94, Page 59, on May 21, 2007, and which as a tax parcel number of 40-12-0340-100. 3 Date: Respectfully Submitted, WIX, WENGER & WEIDNER By: Jeffrey C. Clark, I.D. # 89277 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant f"_.. r.? -? ) - r7 ,.T • .. ; r C ?, ..: GEC 0 4 200-3 KEYSTONE CONTRACTING, INC., IN THE COURT OF COMMON PLEAS, Claimant/Movant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6092 MLD ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners/Respondents MECHANICS' LIEN CLAIM ORDER AND NOW, this 5"' day of 2008, upon consideration of the foregoing Motion to File Amended Mechanics' Lien Claim, it is hereby ordered that: (1) a rule is issued upon the Respondents to show cause within ten (10) days why the relief requested by Movant should not be granted; (2) argument shall be held on M tjA n?.,-',RO6r, atop- 3o aA4p.m. in Courtroom _ of the Cumberland County Courthouse; and, (3) notice of the entry of this order shall be provided to Respondent by the Movant. By The Court i Distribution: C. Clark, Esquire, Wix, Wenger & Weidner, 508 North Second Street, P.O. Box 845,Harrisburg, ?PA 17108, Attorneys for Claimant/Movant Robert P. and Paula Sue Troutman, 202 Westgate Drive, Mt. Holly Springs, PA 17065 ,!OF A L is /'Y1.a t VIVA R ASt-043d 9z .£ WJ S-- 33001 3c 4?w WIX, WENGER & WEIDNER Jeffrey C. Clark, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 KEYSTONE CONTRACTING, INC., Claimant/Movant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners/Respondents : NO. 08-6092 MLD MECHANICS' LIEN CLAIM Praecipe to Withdraw Motion to File Amended Mechanics' Lien Claim To the Prothonotary: Please withdraw the Motion to File Amended Mechanics' Lien Claim filed on behalf of Keystone Contracting, Inc., in the above-captioned case. Respectfully Date: ?? ( P/0? WIX, W & WEIDNER By: 7T Jeffr ark, I.D.# 89277 508 econd Street P.O. 845 Harrisburg, FAA 17108-0845 (717) 234-4182 KEYSTONE CONTRACTING, INC., Claimant/Movant V. ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners/Respondents IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6092 MLD : MECHANICS' LIEN CLAIM CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe to Withdraw Motion to File Amended Mechanics' Lien Claim was sent by first class mail, postage prepaid this day to the following: Robert P. and Paula Sue Troutman 202 Westgate Drive Mt. Holly Springs, PA 17065 Respectfully Submitted, Date: I Z41?310,k WIX, WENGER & WEIDNER t ?n By: A i Holly A. Pi itz, Legal Assi ant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 KEYSTONE CONTRACTING, INC., Claimant/Movant V. ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners/Respondents To the Prothonotary: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6092 MLD MECHANICS' LIEN CLAIM PRAECIPE Please enter satisfaction of the mechanics' lien claim in the above-captioned action, upon payment of your costs only. Date: I9I0\g106 By: 1 Respectfully Submitted, WIX, WENGER &WEIDNER J 0 lark, I.D. # 89277 No Second Street B 845 H rrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant KEYSTONE CONTRACTING, INC., Claimant/Movant V. ROBERT P. TROUTMAN and PAULA SUE TROUTMAN, Owners/Respondents IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6092 MLD : MECHANICS' LIEN CLAIM CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Robert P. and Paula Sue Troutman 202 Westgate Drive Mt. Holly Springs, PA 17065 Date: t Zf? By: Holly A. Pilsitz, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Claimant WIX, WENGER & WEIDNER 4ak A plz;? 2 O F Yv, c?ra l ? ) T' Q C? ry 7 ir' -7ZD