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Home My WebLink About08-6912KEYSTONE CONTRACTING, INC., Claimant, V. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. C9- (oQ I c1: ?.t U> 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 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 122 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 40-12-0340-101. Respectfully Submitted, WIX, WENGERWV)OEPNER Date: Nzojo25 By: 3 Jeffrey I.D. # 89277 508 N e nd Street P. 0. B 45 Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant 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: A?7,?766 KEYSTONE CONT TING, INC. By: Deborah Frisch, President 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 . Alan Mahar maaacnuu"as B& (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 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 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. Sincerely Wix, We f & Weidner By: WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG, PENNSYLVANIA 17108-0845 JCC/hjob cc: Keystone Contracting, Inc. 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 DelKwy is deelred. ¦ 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 ff space permits. 1. Article Addressed to: A. Sign X M Agent ? Addressee' B. RecN (mind Nam) C. Date of Delivery I:fL g D. Is delivery address dlf from Item 1? ? Yes If YES, enter delivery address below: ? No Ca rf 15ite , rp /-7 Qi? ? 3. Matltiied Ms0 13 EWm Mail ? Registered O'Retum Receipt for Merchandise 13 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra roe) Q Yes 2. Article Number 7003 1680 0006 5640 7454 (Transfer inxn service label) PS Form 3811, February 2004 Domestic Retum Receipt 102595.024A.1540 ?- = N For deliver information visit ourviebsite at p y -OFFICIAL USE Ln postage $ `D O Certified Fee Postmark Q Return Redept F Here (Endorsement Required) C3 Restrfded Delivery Fee 4 (Endorsement Required) ..n rl .- 3z Total Postage & Fees $ , M M enr To C3 r r`- sneer Apr --- ------ - - oo or PO Box No. Clry. State. ZIP+4 - - 7 ----- -- ----------- EXHIBIT "B" PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dnncannon, PA 17020 (7171834-9900 Varish Constracdon, Inc. Phone: 717-3347173 800 Bullfrog Road Job Name: PA T. submit specifications and estimated for. Westgate Date 08/0 1/07 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 bD 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 FPmpose ereby to furnish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Cents e made as fol lows: All material is guaranteed to be as specified All work to be completed in a workmanlilte manner according to standard practices. Any alteration or deviation from above specifscabosa involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements.continget upon strikes, accidents or delays beyond our control. Owner to carry fic? tornado, \ and other necessary insurance. Our workers are My covered by Workmen's Compensation and liability Ace*awee of prapeed - The above prices, speci5a6ms and waftom are satisfactory and are hereby aced. You are audwrind to do the work as specified. Payment vdtl as Sri. outlined above. / Authorized Signature: Note: Tlds proposal may be withdrawn by us if not accepted within a days c Date of Acceptance: Signature: CHANGE ORDER Keystone Conte Inc. Project: Westgate Change Order No. 0"I bkistion Date: 06!11108 Project No:. Ca uract For. Westgate Contact Date: The contract is changed as follows: Electrical Excavation $36,520.00 Gas Excavation $32,520.00 Additional Water Lim and Valves $ 7,300.00 20 Rolls Straw Matting Erosion Blanket $ 96.0 Grub and Clear $14,348.75 Total Add $ 91,648.75 Not valid until signed byVarish Construction Inc. The Original Contract Sum $1,475,000.00 Change by Previously authorised Charge Orders $ -0- Net The Total contract Sum prior to this Change Order $1,475,000.00 The Contract Sum will be MWREASED) by this Change Order $ 91.648.75 The New Contract Sun including this Change Order $1,566,648.70 The Contract Time will be (unchanged) by (0) Dw Varish Constrncdon Inc. 800 Bullfrog Road Gettysburg, PA 17325 By: Date Contractor. Keystone Contracting, Inc. PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 934-9900 I;: : vanish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street goo Bullfrog Road job Name: westwe C' Zip Gedysbu PA 17325 Job Location Architect: Date o€Plr-- Job Phone: We hereby submit specifications and e EROSION CONTROL 3 Construction Entrances 1 Outlet Basin 1 Endwall 28 FT of 24 IN CAe 1 Skimmer 22800 SF Grass Lines Swales Temporary Seed and Mulch BULK EXCAVATION Strip 42301 CY of Topsoil 105084 CY Bulk Grading Place 105084 CY and Compact Fill for, westpte $ 4,500.00 $ 1,000.00 $ 850.00 $ 14.00 $' 1,021.00 $ 10,260.00 $ 3,000.00 $ 95,177.25 $309,997.80 $ 73,558.80 Propose hereby to furnish material and labor - lete 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 maw according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involvin extra costs will be executor only upon . wrkttea orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidw s or delays beyond our contmL Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workman's Compensation and Liability Note: This proposal may be AceVw= of pnupood - The above prices, specifications and gods are sausfi0ory and ace hereby accepted: Yen are authorized to do the work as specified. Payment will be made as outlined above. - Date of Acceptance: Nk7- Signature: - us if not accepted wid& 30 days PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dnncannon, PA 17020 71 834-9"0 phone: 717-334-7173 Done Submitted To: Vanish Constu'ti Inc. 800 BullffM Road E I Job Name: westow Sfre Job Location Code: Gettysbur City State & zip PA 17325 7.a,1: Date of Plans: We hemby submit specifications and estimated for. Westgate Mobilization SANITARY SEWER 3422 FT of 8 IN SDR 0-10 w/bedding 525 Ft of 8 IN SDR 1042 w/be&Ung 140 FT of 8 IN SDR 12-14 w/bedding 2305 FT of 61N 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 We. Propose hereby to fianish material and labor - complete in accordance and 00 S 8,000.00 $ 73,846.76 $ 12,M.25 $ 3,956.40 S 38,009.45 S 6,233.76 S 2,880.00 S 27,040.00 S 2,565.00 $ 998.38 $ 1,000.00 above specifications, for the sum of Payment to be made as follows: All rogerial is .guaranteed to be as specified. All work to be completed in a workmanlike manner wwrdmg 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 over and above the estimate. All agreements contingent upon strAws, accidents or delays beyond our control. Owner to carry fut, tornado, \ and other necessary insurance. our workers are . fully covered by Workmen's Compensation and Liability Note: This proper may be withdrawn by us if not accepted with 39 days lox atx jr oproposal - The above MOM um conditions am SAMI story and erne hereby aceepta YOU m authorized to do the work as Signature: l SPGCffIC& M, outlined above. Date of Acceptance: 720--1 Smgn : PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dnneannon, PA 17020 (717) 8349900 To: Inc. Job 717-334-7173 --- 1 Date 09/01/07 lCity, S gtp Code: Gettysburg, PA 17325 e...t? r Date Or Plans: We hereby submit specifications and as 72 Test Tees 2 Test Per Temp Specs MM SEWER 3914 Fr of 18 IN SUP --------------- 266 FT of 24 IN SUP 0-6 -------------- 32 Fr of 24 IN SUP 6-8 . 172 FT of 30 IN SUP 14 Maaboles 245 Inlets 43 Flow Channels ------------ 43 Inlet Protection Remove I Inlet We Propose hereby to furnish material and labor - complete G? S 2,880.00 $ 3,000.00 $ 83,36820 $ 7,049.00 $ 896.00 $ 5,736.20 S 2,100.00 S 36,750.00 $ 3,655.00 S 4,300.00 $ 500.00 with above specifications, for 1he sum of Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a vie manner according to standard Authorized practices. Any alteration or deviaton firm above Signature: moons 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, accideotr 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 withdrawn by us if not accepted within 300 days ,leoapow of p WmW - The above pnws, specHicMdOM and ooaditioos are satis0actory and are hereby ac m Sign sathattesd to do the work as specified. Payment ouUmed above. Date of Acceptance: b S : PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 Submitted To: Varish Cons"!" Inc. Phone: 717=3347173 Dee 08/01/07 rCity, 800 BullfihM Road Job Nome: weswft tateg? Ziv Code: Gettyqhn PA 17325 Job Location A,dh Date of Plans: Job Phone. We hereby submit specifications and estimated for: Westgate $ 2,550.00 3 Endwall $ 1,625.00 R-4 Rock CULVERT WESTGATE DRIVE $ I I,99T.60 90 FT OF 103 K 81 IN CIv1I' $ 9,990.00 2 headwall and Endwmll CULVERT PARKWAY DRIVE $ 19,14120 180 F'T of 59 x 91 IN CMP $ 15,720.00 2 headwall and Endwall WATERLINE $117,262.50 4425 FT of 12 IN PVC Main $ 6,660.00 6 F'f of 12 IN MJ Gate Valves $ 2,M.00 F6 FT' of 6 IN MJ Gate Valves We Propose hereby to fumish material and labor - complete m ac cmdancx w& above specifications, for the sum of Dollars and 00 Cents Payment to be made as follows: All material is guaranteed t0 be as specified All work to be completed in a workmanlie manner according to standa}d Authnn=d practices. Any alteration or deviation from above Signahm: specifications involving ex" costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikers, 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 Nce. This proposal may be withdrawn by us if not accepted within 30 days lea of pr+a and - The above pnces, spermcmons cmd>fim we sasiafactwy and we hereby accepted. You are Signatare: audcorned to do the worti as speciSed. Payment Will be nade as outlined above. 1 r k Date a€ Acceptance: 9 / UT-D- Sigastrue: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 Proposal Submitted To: Varish Inc. Phone: 717-334-7173 Date 0$/01/07 Street 800 Buff Road Job Name: Westuate C' State & Zip Code: Gettysb? PA 17325 Job Location s„rhiteett Date of Plow:_ Job Phone: We hereby sabmtt ape 412x12MJTee 612 x 6 Hydrant. Tee 13 12 IN Bends 6 Fire Hydrant and estimated for: Westgate $ 1,2M.00 $ 1,920.00 $ 1,755.00 $ I4,400.00 4 Tie Into existing 12 Valve Boxes I3 Thrust Blocking 2 Testing WATER SE43 '/', IN She 33 FT'/+ IN rvice We Propose hereby to and labor - complete m accordance with above sad 90 Cents $ 1,200.00 $ 3,250.00 $ 1,900.00 $ 20,425.00 $ 19,800.00 for the sum of Payment to be made as follows: All materiel is guaranteed to be as specified. All work to be completed in a workmml?e mom er according to steridard Authorized practices. Any alteration or deviation from above Sim; specifications Mvolvmg extra costs will be executed only upon written orders, another become an extra charge over and above the estimate. All agceemects contmgmt upon sh% ms, accidents or delays beyond our control. Owner to carry firs, tornado, \ and other necessary insurance. Our workers are fatly covered by workmen's Compensation and Liability Note: This proposal may be withdrawn by us if not accepted within 38 dece MMW of PVP=d - The above Prices, SWMCavaas am condifiew are sdishe cry and ate hereby accepted. YOU are authorised to do the vmt as Vwfd• Payment be made as Signature: outlined above. Date of Acceptance: signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove'Road Duncannon, PA 17020 71 834-9900 To: Va Uh Construction, Iac. Phone: 717-3347173 & Zip Code: Gettysburg, PA 17325 rats of Plans: We hereby submit specifications and estimated CURBING 8835 SF Grade and Bacldll 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 1 IN Wearing Paving TOTAL Date 08/01/07 $ 15,46125 $ 78,189.75 $ 11,007.75 $ 114,31125 $ 105,504.75 $ 64,641.70 $1,475,000.00 Propose hereby to finnish material and labor - complete in accordance with above specifications, for the sum of- and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed m a workmanlike manner according to stsadard Auihonmd 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 over and above the ems. 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 withdrawn by us if not accepted within 3?0 days 40 f it laaloe of p vpwM - The above prices, specific MOM sad waft m are salistac'.tmy and are hereby a=ptod. You are Sigumm l as mrthotmed to do the work as specified. ]=ec outlined above. ure: Date of Acceptance: l Signat westgate PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 (7171834-9900 Proposal Submitted To: Varir Street: goo] City, State & Zip Code: Gew Architect: Date we hereby submit specifications Inc. Phone• 717-3347173 1 Date 08/01/07 17325 1 Job Location and estimated for. Job F All asphalt pricing in this proposal will be subject to escalation based on the published Pam Dot Liquid asphalt index price at e 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 10 days from date of invoice. All materials stocked onsite are to be paid for due to escalation costs. lnspection and testing foes 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 tD 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 odors. Keystone hired at time and material to finish clearing. Page 7 of 7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the 811111 Of Dollars and 00 CezFb 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 specific domc involvigg extra costs will be executed only upon written orders, and will become an coots 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 filly covered by Workmen's Compensation and Liability daoepaswe of propded - The above prices, spocM =Witkms are ' and are hereby acexIe& sadwriced to do the work as specified Psymart will outlined above. Date of Acceptance: Authorized Signature: Note: This proposal may be withdrawn by us if not accepted within M days ms and You are made as Side: Signature: 4 CHANGE ORDER Keystone Conte, Inc. Project: Westgate Change Order No. 0"I Initiation Date: 06111/08 Project No% Cantracst For. westpte 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 byVarish Construction Inc. Contract Sum $1,475,000.00 The Original $ - 0 - Net Change by InlevviouslY authOriud Change orders $1,475,000.00 The Total contact Sum prior to this Change Order $ 91.648.75 The Contract Sum will be MK REASED) by this Change Order ,566,648.70 The New Contract Sum including this Change Order $1,56 ? The Contact Time will be (unchanged) by Varish Construction Inc. 800 Bullfrog Road Gettysburg, PA 17325 By: Date Contractor: Keystone Contracting, Inc. By: Date EXHIBIT "C" Work Completed: Flat Rate: 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 $2,565.00 100 $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 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 % 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 of fine grade Installation of 16,935 square yards $114,311.25 of 8 inch crushed #4 stone Installation of 16,935 square yards $170,196.45 of 3 inch BCBC paving Change order Excavation for installation of $36,520.00 3,043 feet of electrical lines Excavation for installation of $32,520.00 2,710 feet of gas lines Installation of additional water lines $7,300.00 and valves Installation of twenty rolls of straw $960.00 matting erosion blanket Grub and clear $14,348.75 Installation of electrical crossing: $7,600.00 506 feet of pipe and stone bedding Installation of gas crossing: $4,800.00 320 feet of pipe and stone bedding Additional clearing work Machine: Hourly Rate: 963 Cat Loader $100.00 Cat 953 Loader $90.00 Dump truck $65.00 35.6 35.6 35.6 100 100 100 100 100 100 100 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 7 r'? r.,? -7l ?-3 z Ci7 r '? ? a c??= ?:a ? c KEYSTONE CONTRACTING, INC., Claimant, V. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6912 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: _11 2_ y to By: ?. Robert Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013-3307 Attorney for Owner, Elbert, L.P. Ml CT q s 0 KEYSTONE CONTRACTING, INC., Claimant, V. ELBERT, L.P., Owner PRAECIPE TO SATISFY AND DISCONTINUE CASE To the Prothonotary: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6912 MLD MECHANICS' LIEN CLAIM Please mark the above-captioned mechanics' lien claim satisfied, discontinued and ended. Respectfully Submitted, WIX, WENGER & WI IDNER Date: 11/7? X09 By: 1 JeffrCh ark, I.D. # 89277 508 econd Street P.O. 5 Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant KEYSTONE CONTRACTING, INC., Claimant, V. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6912 MLD MECHANICS' LIEN CLAIM CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe to Satisfy and Discontinue Case 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: B +Hrva Owi s-B ghman, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Claimant 2 209 DEC -2 P 2: 2L) $9.0o Pa ATT-/ 0- RtoI P, T* 4 0(n