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HomeMy WebLinkAbout08-6907 KEYSTONE CONTRACTING, INC., Claimant, V. HOME DESIGNS UNLIMITED, LLC, Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. OR- (,090o7 l4Lb : 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 Home Designs Unlimited, LLC, a Pennsylvania limited liability company, which maintains its primary place of business at 199 Beagle Club Road, Carlisle, PA 17013 ("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 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 situate in the Township of South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, shown as Lot 140 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, and which has tax parcel number 40-12-0340-082. Respectfully Submitted, WIX, WENQEJR/WWEIDNER Date: '. 2O /0 ? By: Jeff lark, I.D. # 89277 50 Second Street P. 845 Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant 3 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. KEYSTONE CONTRA TING, INC. Ire N0q gy. Date: 1II Deborah Frisch, President EXHIBIT "A" .WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW DEAN A. WEIDNER 508 NORTH SECOND STREET STEVEN C. WILDS POST OFFICE BOX 845 THERESA L. SHADE WIX DAVID R. GETZ HARRISBURG, PENNSYLVANIA 17108-0845 STEPHEN J. DZURANIN JEFFREY C. CLARK PETER G. HOWLAND (717) 234-4182 Also Member Massac amft Bar FAX (717) 234-4224 www.wwwpalaw.com Home Designs Unlimited, LLC 199 Beagle Club Road Carlisle, PA 17013 Home Designs Unlimited, LLC P.O. Box 387 New Kingston, PA 17072 August 11, 2008 THOMAS L WENGER ROBERT C. SPITZER Of Counsel Suburban Omce: 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717) 852-8455 Via Certified 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 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 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. WIX, WENGER & WEIDNER Home Designs Unlimited, LLC August 11, 2008 Page 2 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. Sincerely, Wix, W By: JCClhjob J cc: Keystone Contracting, Inc. Weidner C. Clark 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 116 - Tax Parcel No. 40-12-0340-107 Lot 117 - Tax Parcel No. 40-12-0340-106 Lot 140 - Tax Parcel No. 40-12-0340-082 Lot 141 - Tax Parcel No. 40-12-0340-081 Lot 142 - Tax Parcel No. 40-12-0340-080 Lot 119 - Tax Parcel No. 40-12-0340-104 Lot 118 - Tax Parcel No. 40-12-0340-105 F:\jcc\4920 Keystone Contracting, Inc - Frisch\15040 Mechanics Lien - Varish construction, IncTocuments\Exhibit A - Home.doc 9/30/08 12:52 PM ¦ 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 card to the back of the mailpiece, or on the front K space permits. 1. Article Addressed to: 166 D-Psi rs Gl6liwkd gL f &?61e, Nub d 5k ( PA oor3 2. Article Number von., r f nm service ktW a ? X ? Addre B. Received by (Printed Narrle) D. Is delivery address different from item 11 ? Yes If YES, enter delivery address below: ? No 3. Servi Type Mail Cl Fxss Mall ? Registered (ehn Receipt for Merchandise ci insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fes) ? Yes 7O03"]r680 0006 5640 74'85 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-WI 540 1 CERTIFIED HAIL R (Domestic Mail Only. No ?nsuran 6FFICIAL E u9 Poetaae $ ..n C3 Certified Fee G C3 Return Redept Fee Postmark (Endorsement Required) Here 0 Restricted Delivery Fee tG A (Endorsement Required) . r-a Total Postage & Fees $ 7 m o Apt. No.; --------- - - ----- or No. -- ------------------ ci C l h / z -- -- - S ? ? -------.. _ - 7013 EXHIBIT "B" PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road. Dnncumon, PA 17020 (717) 834-9900 To: Vafish State da Zip Code: Lim 6M.1- Date We hereby submit specifications and a, EROSION CONTROL 3 Construction Entrances 1 Outlet Basin 1 Endwall 28 FT o€24 IN 0" 1 Skimmer 22800 SF Clra,ss L Seeines Swales Temporary Seed and Mulch BULK EXCAVATION Strip 42301 CV of Topsoil 105084 Cy Bulk Grading Place 105084 CY and Compact Fill traction, Inc. 6 Road _ PA 17325 for. Westgate phone; 717-334-7173 Job Name: Job Location Job Phone: 08/01/07 $ 4,500.00 $ 1,000.00 $ 850.00 $ 14.00 $ 1,021.00 $ 10,260.00 $ 3,000.00 $ 95,17725 $309,997.80 $ 73,558.80 Propose hereby to furnish material and labor -complete in accordance with above specifications, for the sum of and 00 Payment to be made as follows: All material is guaaanteed to be as specified All work ?tobe completed i n a week manlike manner according to stAuthorizedpracstices. Any alteration or deviation from Signalers: specifications involvi*g extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All apmmcuts contingent Won strikes, accidents or delays beyond our control. Owner to can fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Coon and Liability FNote: This proposal may be A.Mpa eg of pmpmd - The above prigs, specificxtims and cendihow are satisfutory gad are hereby accepted: Yoe are setho wd to do the work as speeded Payment will be made as Ste' outlined above. ) / us if not accepted within PO days Date of Acceptance: g I V 0'-) ftnature PROPOSAL & CONTRACT KEYSTONE CONTRACITING, INC. 51 Cove Road Duncannon, PA 17020 71 8349100 To: Vanish Construction, Inc. Phone: 717-334-7173 800 Bullfrog Kw dc. Zip Code: aeM M & PA 1 Date o€Ple®s: We hereby submit specifications and es Mobilization SANITARY SEWER 3422 FT of 8 IN SDR 0-10 w/bedding 525 Ft of 8 IN SDR 10-12 w/bedding 140 FT of 8 IN SDR 12-14 w/bedding 2305 FT of 6 IN SDR Lateral 0-10 351 FT of 6 IN SDR Laterals 10-12 72 FT of 6 x 6 IN Wye Connections 169 Manholes ------------ 19 Flow Channels 1 Tie Into Existing Manhole 1 Stub and Plug Manhole Westgate We Propose hereby to famish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Ceets 1/07 $ 8,000.00 $ 73,846.76 $ 12,080.25 $ 3,956.40 $ 38,009.45 $ 6,233.76 $ 2,880.00 $ 27,040.00 $ 2,565.00 $ 999.38 $ 1,000.00 Payment to be made as follows: All material is .guaranteed to be as specified Allwork to be completed in a woAmmlike 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 wiri become an extra charge over and above the estimate. All agts contingent Won strikes, accidents or dtlays beyond our control. Owner to carry fad tornado, \ and other necessary msirranee. Our workers are wposal fxttly covered by Workmen's Comperesatioa and Liability Note: This p may be withdrawn by us if not accepted within 30 days AQaepan w of propnael - The above Pricxs, specifications and conditions are satisWOry and are b=by accepted. You we Signature: l' mdwrind tD do the work as specftd. Payment outlined above. Date of Acceptance: almadp 1 Signature: job PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dnncannon, PA 17020 (7171834-9900 Submitted To: Vanish Consttrvcation, Inc. phone: 717-3347173 Street: 800 Bullfivg Road Job Name: wegtpk city, State & Zip Code: Gettysbur& PA 17325 Job Location Job Phone: we hereby submit speeificat 72 Test Tees 2 Test Per Temp. Specs STORM SEWER 3914 FT of 18 IN SUP 266 FT of 24 IN SUP 0-6 2 FT of 24 IN SUP 6-8 . 172 FT of.30IN SUP 14 Manholes 245 Inlets 43 Flow Channels 43 Inlet Protection l3Remove 1 Inlet for. Westgate Date 0$/01107 $ 2,880.00 $ 3,000.00 $ 83,36820 $ 7,049.00 $' 896.00 $ 5,736.20 $ 2,100.00 $' 36,750.00 $ 3,655.00 $' 4,300.00 $ 500.00 we propose hereby to furnish material and labor - c o nplete m accordance with above specifications, for flee sum Of iglars and 00 Cetets Payment to be made as follows: All matraial 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 Sim: specifications involving extra costs will be executed only upon written orders, and will become an extra charge ova and above the estimate. All agreements contingent upon strikes, accidents or detays beyond our control. Owner to easy fire, tornado, \ and other necessary insurance. Our workers are fully coveted by Workmen's Compensation and Liability Note: This proposal may be withdrawn by us if not accepted within 30 days Insurance. Acoeppanoe 0 pnipmW - The above prices, spwffw0 s sad waddim are savory sad are hereby accepted You are authorised to do the work as specif & Payment be as Signature: outlined above. Date of Acceptance: ? d ? -) S>gnalure: ¦ PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 prapos-al g To: Vanish Canshucti Inc. Phase: 717-3347173 Date 08/01/07 Street: 800 Bunfim Road ?Jdb Name- W ?:.., ?.?. a Tin r.MP• Gettvdmv- PA 17325 ob Location - - We hereby submit specifications and estimated for: Wefftpte $ 2,550.00 3 Endwall $ 1,625.00 R-4 Rock CULVERT WESTGATE DRIVE $ 11,981.60 90 FT OF 103 X 81 IN CMP $ 9,990.00 2 Headwall and Endwall CULVERT PARKWAY DRIVE $ 19,14120 180 FT of 59 x 91 IN CMP $ 15,720.00 2 Headwall and Endwall WATER LINE $ 117,262.50 4425 FT of 12 IN PVC Main $ 6;660.00 6 FT of 12 IN MJ Gabe Valves $ 2,820.00 6 FT of 6 IN MJ Gate Valves Pan 4 of 7 We Purpose 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 wookmeali m manner according to standwd Authon =d practices. Any attention or deviation from above SIgnaaae: q=ficsdons involving extra costs wall beexecated only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, smidens 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 ldote: This proper may be vin by us if not acrd within 0 days cc*VMae of preporal - The abova prices, spwfficetiioas and cmdglm are saudecxory and ale hereby accepted. You am Signature_ x6 mmd tc do the work as Vwffied. Paymm wdt be ande as. wflined above. J J i Date of Acceptance: 9 I U ep-? Signature PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 7I 834-9900 To: Varislr Inc. Phone: 717-334-7173 Date 08101/07 Submitted w S 800 Bullfrog Road Job Name: C• Code: bW, PA 17325 Job Location Date of Plans: Job Phone: Architect: We hereby submit specificat bns and estimated for: Westgate $ 1,2011.00 412x 12MJTee I,920.Q0 S 6 12 x 6 Hydrant Tee $ 1,755.00 13 12 IN Bends $ 14,400.00 6 Fire Hydrant 4 Tie Into existing 12 Valve Boxes 13 Thrust Blocking 2 Testing WATER SERVICE 43'/.IN Short service ,33 FT % IN Long service We Propose hereby to furnish material and labor - complete kn accordance with above and 00 Cents $ 1,200.00 $ 3,250.00 $ 1,900.00 $ 20,425.00 $ 19,800.00 the sum of Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed is a workmanlike per according to standard Authorized pees. Any alteration or deviation from above Signenae: specifications involving =tra costs will be executed only upon wrMn orders, and will become an extra charge over and above the estim? All agreements contingent upon striloes, accidents or delays beyond our oaatmi. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Coon and Liability Note: This proposal may be withdrawn by us if not ftmePted within 30 days Aaoepamm of propmd - The above Prices, specmcenoos anu c ondif3m are satief 0my and are h=bY =gyted. You are audwrized to do the work as s m&cd. Payment v l be made as $ : outlined above. Date of Acceptance: 1(4110'? Sire Proposal Submitted To: Street: Citv. State 8c Zip Code: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 (717)834-9900 Varish Construction, Inc.. Phone: 717-334-7173 800 Bullftox Road Job Name: W s PA 17325 Job Location Date 08/01/07 Date of Plana: Job Phone: We hereby submit specifications and estimated for: Westgate CURBING 8835 SF Grade and BackM 8835 Ft of Rolled Concrete Curb PAVING 16935 SY Fine Grade 16935 SY of 8 IN Crushed #4 Stone 16935 SY of 2 IN BCBC Paving 16935 SY of I IN Wearing Paving $ 15,46125 $ 78,189.75 $ 11,007.75 $ 114,311.25 $ 105,504.75 $ 64,691.70 TOTAL 51,4751000.00 Page 6 of 7 We Propose hereby to furnish material-and labor - complete in accordance with above specifications, for the sum of Dollars and 00 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 Anthonzed practices. Any aheration or deviation from above Signatnre: 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 ow 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 withdrawn by us if not accepted within 30 days Aoage of r*Md - The above prices, specrmMans ma condhiou are satisfactory and are hereby acapmd. You are Signatu m authorized to do the wodc as specified. PWnseat 1 be as . ' outlined above. Date of Acceptance: ?? ,\ Signature: I PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncumon, PA 17020 (717) 8349900 Street: City, She Architect Inc. Phone. 717-334-7173 1 Dsto 08/01 & Zip Code. Gettysburg, PA 17325 1 Job Location Job Phony hereby submit specifications and 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 07131/07 is $328.00 a liquid ton. Pipe and other material prices are good for 30 days. Payment to be made within 111 days from date of invoice. All materials stocked onsite are to be paid for due to escaledcoi costs. inspection and testing fees to be done by others. Any soils to be deemed unsuitable will be dealt wd on a cubic yard basis. The grading may be altered from original plan due to arras that trees are to remain. Wires and poles to be relocated by others. Day scbeduie 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 ROCK ENCOUNTERED WILL BE [Payment e Propose hereby to furnish material and labor - complete in accordance with above specifications, for Ire sum of. Dollars and 00 Cents to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike mariner according to standard practices. Any alteration or deviation from above spedfuaas involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate All amts contingent. upo a stnkm accidents or delays beyond nor control. Owner to nary far, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Authorized signature: Note: 'This proposal may be withdrawn by us if not accepted within 30 days Acoapronee of p vpmd - The above prices, speotticar oos sac c onditkm are setishc0Ory and we hereby accepted. You are as Ste" sothoriad to do the work as specified. Payment will MR& outlined above. r T c Date of Acceptance: U ) Signature. CHANGE ORDER Keystone Conumcdu& Inc. Project: Westgate Change Order No. 08-01 Initiation Date: 06/11108 Project No-.. Contract For. Westgede Contract Date: The contract is changed as follows: Electrical Excavation $36,520.00 Gas Excavatim $32,520.00 Additional Water Line and Valvos $ 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 Vanish Construction I=- Contract Sum $1,475,000.00 The Original 0 - Net Change by rvviouslY uffimiwd Change orders 00 The Total contract Sum prior to this Change Order $1$,47575,,000000..75 The Contract Sum will be (INCREASED) by this Change Order $1,566,648.70 The New Contact Sum imcludmg this Change Order ,5 Days The Contact Time will be (unehmnged) by Varish Construction Inc. 800 Bullfrog Road Gettysburg, PA 17325 By: Date Contractor: Keystone Contacting, Inc. By. Date EXHIBIT "C" Work Completed: Flat Erosion Control Installation of three construction $4,500.00 entrances Installation of one outlet basin $1,000.00 Installation of endwall $850.00 Installation of 28 feet of 24 inch CMP $14.00 Installation of skimmer $1,021.00 Temporary seed and mulch $3,000.00 Bulk Excavation Strip 42,301 cubic yards of topsoil $95,177.25 Bulk Grading of 105,084 cubic yards $309,997.80 Place and compact fill -105,084 $73,558.80 cubic yards Mobilization $8,000.00 Sanitary Sewer Installation of 3,422 feet of 8 inch $73,846.76 SDR 0-10 with bedding Installation of 525 feet of 8 inch SDR $12,080.25 10-12 with bedding Installation of 140 feet of 8 inch SDR $3,956.40 12-14 with bedding Installation of 2,305 feet of 6 inch $38,009.45 SDR lateral 0-10 Installation of 351 feet of 6 inch SDR $6,233.76 laterals 10-12 % Completed: Amount Owed: 66.67 $3,000.00 100 $1,000.00 100 $850.00 100 $14.00 100 $1,021.00 50 $1,500.00 97.47 $92,772.51 99.22 $307,593.06 96.73 - $71,153.26 69.94 $5,595.27 48.75 $36,000.00 74.92 $9,050.00 48.73 $1,927.86 39.46 $15,000.00 100 $6,233.76 Installation of seventy-two 6 x 6 inch $2,880.00 Wye Connections Installation of 169 vertical feet of $27,040.00 manholes Installation of 19 manhole flow $2,565.00 channels Installation of tie into existing $998.38 manhole Installation of stub and plug manhole $1,000.00 Installation of 72 test tees $2,880.00 Sewer two test per temp specs $3,000.00 Storm Sewer Installation of 3,914 feet of 18 inch $83,368.20 SLPP Installation of 14 vertical feet of $2,100.00 manholes Installation of 45 inlets $36,750.00 Culvert Westgate Drive installation of 90 feet of 103 x 81 $11,991.60 CMP Installation of one headwall and $9,990.00 one endwall Culvert Parkway Drive Installation of 180 feet of 59 x 81 $19,141.20 inch CMP Installation of one headwall and $15,720.00 one endwall 67.01 $1,930.00 31.8 $8,600.00 100 $21565.00 100 $998.38 100 $1,000.00 67.01 $1,930.00 67 $2,010.00 47.34 $39,468.90 100 $2,100.00 44.02 $16,176.84 100 $11,991.60 100 $9,990.00 100 $19,141.20 100 $15,720.00 Water line Installabon.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 3/4 inch $20,425.00 30 $6,127.50 short service Installation of thirty 3/4 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 Raving nstallation of 16,935 square yards :)f fine grade installation of 16,935 square yards of 8 inch crushed #4 stone installation of 16,935 square yards of 3 inch BCBC paving Change order Excavation for installation of 3,043 feet of electrical lines Excavation for installation of 2,710 feet of gas lines Installation of additional water lines and valves Installation of twenty rolls of straw matting erosion blanket Grub and clear Installation of electrical crossing: 506 feet of pipe and stone bedding Installation of gas crossing: 320 feet of pipe and stone bedding Additional clearing work Machine: 963 Cat Loader Cat 953 Loader Dump truck $11,007.75 35.6 $114,311.25 35.6 $170,196.45 35.6 $36,520.00 100 $32,520.00 100 $7,300.00 100 $960.00 100 $14,348.75 100 $7,600.00 100 $4,800.00 100 Hourly Rate: $100.00 $90.00 $65.00 Hours worked: 229.5 44.5 113.75 $3,918.27 $40,689.78 $60,582.34 $36,520.00 $32,520.00 $7,300.00 $960.00 $14,348.75 $7,600.00 $4,800.00 Amount owed: $22,950.00 $4,005.00 $7,393.75 0 44- "tD 0 f"T ?? k ? N -G SHERIFF'S RETURN - REGULAR CASE NO: 2008-06907 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE CONTRACTING INC VS HOME DESIGNS UNLIMITED LLC TIMOTHY R BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM wnMR nRSTGNS UNLIMITED LLC was served upon the OWNER , at 0019:30 HOURS, on the 5th day of December , 2008 at 199 BEAGLE CLUB RD CARLISLE, PA 17013 DAVE THOMPSON by handing to OWNER OF COMPANY a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.50 Affidavit .00 Surcharge 10.00 Postage 42 1.2 32.92 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/08/2008 WIX WENGER WEIDNER By: puty Sheriff of A. D. KEYSTONE CONTRACTING, INC., Claimant, V. HOME DESIGNS UNLIMITED, LLC, Owner To the Prothonotary: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6907 MLD : MECHANICS' LIEN CLAIM PRAECIPE Please enter satisfaction of the mechanics' lien claim in the above-captioned action, upon payment of your costs only. Respectfully Submitted, WIX, WENGER s&,WEIDNER Date: By: Je dark, I.D. # 89277 50 o Second Street P.O' Sox 845 Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant 1 KEYSTONE CONTRACTING, INC., Claimant, V. HOME DESIGNS UNLIMITED, LLC, Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6907 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: Home Designs Unlimited, LLC 199 Beagle Club Road Carlisle, PA 17013 WIX, WENGER & WEIDNER Date: By: Holly A. Pi itz, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Claimant 2