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Home My WebLink About08-6093KEYSTONE CONTRACTING, INC., Claimant, V. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 0& - Lo0R3 H LD : 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. 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 Mechanics' Lien Claim as a subcontractor. 3. The owner of the property subject to this lien is Elbert, L.P., a Pennsylvania limited partnership, which maintains its primary place of business at 7 Whispering Pines Lane, Carlisle, PA 17015 ("Owner") 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 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 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 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. 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 $211,622.19. 12. The improvements and property claimed to be subject to the lien is more particularly described in Exhibit "D," which is attached hereto and incorporated herein by reference as though fully set forth. Date: -$ to/g/o $" Respectfully Submitted, WIX, WEMy kKlft WEIDNER By: Jeff ark, I.D. # 89277 508 rt econd Street P. ox 45 Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant 3 EXHIBIT "A" RICHARD H. WIX DEAN A. WEIDNER STEVEN C. WILDS THERESA L. SHADE WIX' DAVID R. GETZ STEPHEN J. DZURANIN JEFFREY C. CLARK PETER G. HOWLAND Also Member Massachusetts Bar (717) 234-4182 FAX (717) 234-4224 www.wwwpalaw.com THOMAS L. WENGER ROBERT C. SPITZER Of Counsel Suburban Office: 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717) 652-8455 August 11, 2008 Elbert, L.P. 7 Whispering Pines Lane Carlisle, PA 17015 RE: Keystone Contracting, Inc, Formal Notice of Intent to Via Certified and First Class Mail File Mechanics' Lien Phases 5, 6, and 7 of Westgate Development, Cumberland County, Pennsylvania Our File No.: 4920-15040 To Whom It May Concern: This firm represents Keystone Contracting, Inc. ("Keystone"). This is Keystone's formal notice of its intention to file a Mechanics' Lien against your properties owned by you, which are more particularly described on Exhibit "A", attached hereto, for its work in connection with the 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 the properties. 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. 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 properties. JCC/hjob cc: Keystone Contracting, Inc. WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG, PENNSYLVANIA 17108-0845 Sincerely Wix, W e & eidner By: lark Exhibit A The following lots or tracts of land situate in the Township of South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, shown on a Final Subdivision Plan prepared by Herbert Rowland & Grubic, Inc., dated February 17, 2006, as revised March 6, 2007, recorded May 21, 2007 in Cumberland County Plan Book 94, Page 59, as follows: Lot 120 - Tax Parcel No. 40-12-0340-103 Lot 121 - Tax Parcel No. 40-12-0340-102 Lot 122 -Tax Parcel No. 40-12-0340-101 Lot 124 - Tax Parcel No. 40-12-0340-099 Lot 125 - Tax Parcel No. 40-12-0340-091 Lot 126 - Tax Parcel No. 40-12-0340-097 Lot 127 - Tax Parcel No. 40-12-0340-096 Lot 128 - Tax Parcel No. 40-12-0340-095 Lot 129 - Tax Parcel No. 40-12-0340-094 ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. - ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this cardto the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ?I rV gdvh1spPrrr? pfmCal? Carh5le. ? 1-7015- A. S1gnhj? X ?Agent ? Addressee B. R (PH' Narrre) C. Date of Delivery D. Is delivery address d horn item 1? E3 Yes If YES, enter delivery address below: ? No 3. Servlqo Type Mail ? E)WM Mail 13 Registered QolUtum Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. MArticle Number ansfer ftm from service label) 7003 1680 0006 5640 7454 (Trans Ps Form 3811, February 2004 Domestic Return Receipt 10259"244.1540 CERTIFIED MAIL. RECF P ' (Domestic f4ail Only: No 'nsuraoc ovt:r7ge 'rc v.Yeel, C3 OFFICIAL USE -0 L Ln Postage $ .A Q certified Fee C3 Postmark Q Return Redept Fee (Endorsement Required) Here M Restrkted Delivery Fee 43 (Endorsement Required) ra Total Postage & Fees $ [/ M p t3 Sent To r?- - ------- - --- -------- ------r---------- --- Street, l or PO Box No. t ?' ?/ _ ------- rr Y ----- ------- Clfy, State, Z/P+ vV - j! ,/' EXHIBIT "B" PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 8349900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/41/07 Street: 800 Bullfrog Road. Job Name: Westgate City, State & Zip Code: Gettysburg, 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 I Outlet Basin $ 1,000.00 I Endwall $ 850.00 28 FT of 24 IN CMP S 14.00 1 Skimmer 1,021.00 22800 SF Grass Lines Swales $ 10,260.00 Temporary Seed and Mulch $ 3,000.00 BULK EXCAVATION Strip 42301 CY of Topsoil $ 15,17725 105084 CY Bulk Grading $309,997.80 Place 105084 CY and Compact Fill $ 73,558.80 Pa e l 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 with" by us if not accepted within 30 days Acaepa nce of pmpmd - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are Signature: j and mzr,d to do the work as specified. Payment will be made as outlined above. 6 ? Date of Acceptance: 0'? Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 ftoposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street: 800 Bullfrog Road Job Name: Westgate City, State do Z' Code: PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate Mobilization $ 8,000.00 SANITARY SEWER 3422 FT of 8 IN SDR 0-10 w/bedding $ 73,846.76 525 Ft of 8 IN SDR 10-12 w/bedding $ 12,08025 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 $ 998.38 1 Stub and Plug Manhole $ 1,000.00 Page 2 of 7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Cmb 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 Condensation and Liability Note: This proposal may be withdrawn by us if not accepted within 39 days Insatrance. AooepOnce of p vpwaf - The above prigs, specifications and conditions are satisfactory and we hereby accepbeal You are Signature: ' I made as authorized tU do the work as specified Payment j outlined above. Date of Acceptance: Cj Signature: MMMM?Lml PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cave 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 Flame: W City, State & Z' Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate 72 Test Tees $ 2,880.00 2 Test Per Temp Specs $ 3,000.00 STORM SEWER 3914 FT of 18 IN SUP $ 83,368.20 266 FT of 24 IN SLPP 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 Meet Protection $ 4,300.00 Remove 1 Inlet $ 500.00 Pa e 3 of 7 We Propose hereby to finnish 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 &. 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 30 days Acocapaasoe of proposal - The above prices, specifies and conditions are sabsfwtory and are hereby accepted. You are Signature: ands zed to do the work as specified. Payment wil b as oWined above. c .? Date of Acceptance: ? Signature: ro-) PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dunemmon, PA 17020 71 834-9900 Submitted To: Vaaish Constivcti Inc. Phone: 717-3347173 Date 08/01/07 Sheet: 800 Bullfrog Road Job Name: Westgaft City, State 8t Zip Code: Gettysbur& PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate 3 Endwall $ 2,550.00 R-4 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 91 IN CMP $ 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 P e4 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 worlonanlilce 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 wWxhwwn by us if not accepted within days Acctoance of proposal - The above prices, specifications and conditions are satsfsctory and are hereby accepted. You are Signature: ' be as m>thorumd to do the work as specified. Payment 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: 717-334-7173 Date 08/01107 Street: 800 Bullfrog Road Job Name: Westgate City, State & Z' Code: Gettysbw& PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for: westgate 412 x 12 MI Tee $ 1,200.00 612 x 6 Hydrant Tee $ 1,920.00 13 12 IN Bends $ 1,755.00 6 Fire Hydrant $ 14,400.00 4 Tie Into existing $ 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 finish 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 30 days Acs Vance of propond - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are Stgneture: audtronzed to do the work as speci5ed. Payment 1 be made as outlined above. Date of Acceptance: Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, 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: Westgate City, State & Zip Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for: Westgate CURSING 8835 SF Grade and Backfill $ 15,461.25 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 $ 64,691.70 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 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 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 Signature: 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 AcewO rce of Prq wd - The above prices, specifications and editions are satisfactory and are hereby accepted. You are authorised to do the work as specified. Payment 'll be a as Signature: FVJ" outlined above. Date of Acceptance: (? '1 Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 8349900 sal Submitted To: Varish Construction, Inc. Phone: 717-3347173 Date 08/01/07 Street: 800 Bullfro 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 WELL 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 is 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 instirAnce. Our workers are fully covered by Workmen's Compensation and Liability hrstuancx . Note: This proposal may be withdrawn by us if not accepted within 30 days Acv**ww of proposal - The above prices, specifications and coaftow are satisfactory and are hereby accepted. You are Signature: authorized to do the work as spcc&ed. Payment witl as outlined above. Date of Acceptance: U Signature: CHANGE ORDER Keystone Contr? Inc. Project: Westgate Change Order No. 08-01 Initiation Date: 06/11108 Project No:. Contract For. Westgate Canttaat 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 $1,475,000.00 Net Change by previously authorized Change Orders $ - 0 - The Total contract Sum prior to this Change Order $1,475,000.00 The Contract Sum will be (INCREASED) by this Change Order $ 91.648.75 The New Contract Sun including this Charge Order $1,566,648.70 The Contract Time will be (unchanged) by (0) Days Varish Construction Inc. 800 Bullfrog Road Gettysburg, PA 17325 By: Date Contractor: Keystone Contracting, Inc. By: Date EXHIBIT "C" Work Completed: Flat Rate: % Completed: Amount Owed: Erosion Control Installation of three construction $4,500.00 66.67 $3,000.00 entrances Installation of one outlet basin $1,000.00 100 $1,000.00 Installation of endwall $850.00 100 $850.00 Installation of 28 feet of 24 inch CMP $14.00 100 $14.00 Installation of skimmer $1,021.00 100 $1,021.00 Temporary seed and mulch $3,000.00 50 $1,500.00 Bulk Excavation Strip 42,301 cubic yards of topsoil $95,177.25 97.47 $92,772.51 Bulk Grading of 105,084 cubic yards $309,997.80 99.22 $307,593.06 Place and compact fill -105,084 $73,558.80 96.73 $71,153.26 cubic yards Mobilization $8,000.00 69.94 $5,595.27 Sanitary Sewer Installation of 3,422 feet of 8 inch $73,846.76 48.75 $36,000.00 SDR 0-10 with bedding Installation of 525 feet of 8 inch SDR $12,080.25 74.92 $9,050.00 10-12 with bedding Installation of 140 feet of 8 inch SDR $3,956.40 48.73 $1,927.86 12-14 with bedding Installation of 2,305 feet of 6 inch $38,009.45 39.46 $15,000.00 SDR lateral 0-10 Installation of 351 feet of 6 inch SDR $6,233.76 100 $6,233.76 laterals 10-12 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 41.42 $48,684.90 PVC main Installation of six 12 inch MJ $6,660.00 50 $3,330.00 Gate Valves Installation of six 6 inch MJ $2,820.00 50 $1,410.00 Gate Valves Installation of four 12 x 12 MJ Tees $1,200.00 50 $600.00 Installation of six 12 x 6 hydrant tees $1,920.00 50 $960.00 Installation of thirteen 12 inch bends $1,755.00 50 $877.50 Installation of six fire hydrants $14,400.00 50 $7,200.00 Installation of four ties into existing $6,000.00 50 $3,000.00 lines Installation of 12 valve boxes $1,200.00 50 $600.00 Installation of 13 thrust blocks $3,250.00 50 $1,625.00 Water service Installation of forty-two % inch $20,425.00 30 $6,127.50 short service Installation of thirty 3/ inch long $19,800.00 30 $5,940.00 service Curbing Grading and backfill of 8,825 lineal $15,461.25 33.63 $5,200.00 feet Installation of 8,835 lineal feet of $78,189.75 23.35 $18,256.93 rolled concrete curbing 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 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 EXHIBIT "D" The following lots or tracts of land situate in the Township of South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, shown on a Final Subdivision Plan prepared by Herbert Rowland & Grubic, Inc., dated February 17, 2006, as revised March 6, 2007, recorded May 21, 2007 in Cumberland County Plan Book 94, Page 59, as follows: Lot 120 - Tax Parcel No. 40-12-0340-103 Lot 121 - Tax Parcel No. 40-12-0340-102 Lot 122 -Tax Parcel No. 40-12-0340-101 Lot 124 - Tax Parcel No. 40-12-0340-099 Lot 125 - Tax Parcel No. 40-12-0340-091 Lot 126 - Tax Parcel No. 40-12-0340-097 Lot 127 - Tax Parcel No. 40-12-0340-096 Lot 128 - Tax Parcel No. 40-12-0340-095 Lot 129 - Tax Parcel No. 40-12-0340-094 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 1 acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. KEYSTONE CONTRACTING, INC. A Date: By. ??'/Deborah Frisc , resident J d O 8 C":) ?? t --, L?J _. rt r t_ J? } (N .. 'f', ?r'r c _a ?, _ ?_ .. c :? ?, KEYSTONE CONTRACTING, INC., Claimant, v. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6093 MLD MECHANICS' LIEN CLAIM ACCEPTANCE OF SERVICE I, Robert Frey, Esquire, accept service of the Notice of Filing of Mechanics' Lien Claim in the above-captioned matter on behalf of Elbert, L.P. and certify that I am authorized to do so. Date: Lt,b u Zo &o% By: Ltg it 41 Robert Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013-3307 Attorney for Owner, Elbert, L.P. 0 CS C) C cn L7-, ms' C-) r- f ' KEYSTONE CONTRACTING, INC., Claimant, V. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6093 MLD MECHANICS' LIEN CLAIM PRAECIPE TO WITHDRAW To the Prothonotary: Please mark the above-captioned mechanics' lien claim withdrawn. Respectfully Submitted, WIX, WENGER & WEIDNER Date: 1I ?-kld) By: I.D. # 8 9277 508 N nd Street Jeffre V8,5co' P.O. Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant 1 KEYSTONE CONTRACTING, INC., Claimant, v. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6093 MILD MECHANICS' LIEN CLAIM CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe to Withdraw was sent by first class mail, postage prepaid this day to the following: Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013-3307 WIX, WENGER & WEIDNER Date: q M0 By- II/A Ha a Owings- augh an, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Claimant 2 VF 119 Ei'THr: MOTARY 2009 SEP -9 PM 12: ki. J PENNSYLVA;N 4 $8. oo P6 Rm/ e0 rp 501 e IS03(a 3