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HomeMy WebLinkAbout08-6916KEYSTONE CONTRACTING, INC., Claimant, V. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 -691lo IU,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 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 126 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 40-12-0340-097. Date: i `(z olo,; Respectfully Submitted, WIX, WENS( WEIDNER By: Je J, I.D. # 89277 50 nd Street P. x 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 CONTRACTING, INC. Date: By: Deb rah 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 Al. Member Mas&xhusos 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 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, Weer & lNeidner 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. Rom 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can nA m the card to you. ¦ Attach this card?to the back of the mailpiecs, or on the front If space permits. 1. Article Addressed to: q wh r5,12??? I?rt?S la'/ Ca r(151e, 11-70'1 X ABM- B. Rec ft" by( D. Is delivery address dif If YES, enter dellveq O Agent 0 Addressee C. Date of Delivery D - n Item 14 0 Yes below- 0 No 3. Sw?qp IW* XPOWdIled Mail ? E?Psss Mall O Registered RMUM m Reoelpt for Merctartdise 0 Insufed Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yea 2. 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Zl 111...-------- -- /v ?J EXHIBIT "B" PROPOSAL. & CONTRACT KEYSTONE CONTRACTING) INC. 51 Cove Road Duncannon, PA 17020 (717) 834-"00 W Submitted To: Varish Constn t: 800 Bullfrog T SUft & Zip Code: Gettysburg, R itect: Date o€Plans: ierehv submit soecifications and estin EROSION CONTROL Phone. 717:334-7173 1 Daft Job Name: westgste Job Location Job Phone: for. westgste 3 Construction Entrances S 4,500.00 1 Outlet Basin $ 1,000.00 1 Endwall $ 850.00 28 FT of 24 IN CMP $ 14.00 1 Stammer $ 1,021.00 228M SF Grass Lines Swales $ 10,260.00 'T'emporary Seed and Mulch S 3,000.00 BULK EXCAVATION Strip 42301 CY of Topsoil $ 95,17725 105084 CY Bulk Grading $309,997.80 Place 105084 CY and Compact Fill S 73,558.80 e Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum Dollars and 00 Ceets Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed m a worlmraW&e am= according to standard Authonzed practices. Any alteration or deviation fiom 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 cwt upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, 1 and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability : proposal may be widWaavm b Lus if not accepted within 30 days Aeaerlaeoe of pnapoad - The above prices, specificabons and oohs are satisfsc my and are hereby accepted: You are aathorn ed to do the work as specified. Payment will be made as Ste' '/ outlined above. Date of Acceptance: q / Q'7 Signature. PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 (717)834-9900 i l Submitted To: Varisli Consbrtbcl ]nc. Phone: 717-3347173 - Dade 08/01/07 Street: goo Bullfirog Road jvo INALLM. I Architect C , State & Code: Gdtysbqg, PA 17325 Job Location ity zip Date of Plans: Job Phone: We hereby submit specifications and et Mobilization SANUARY SEWER 3422 FT of 8 IN SDR 0-10 w/beMing 525 Ft of 8 IN SDR 10-12 w/bedding 140 FT of 81N 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 We _ Propose hereby to furnish material and labor - complete in S 8,000.00 S 73,846.76 S 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 with above specifications, for the sum of 06 teats 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 acccuted.only ups written orders, and will become an extra charge over and above flu estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fez, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Note: This proposal maybe withdrawn by us if not accepted within 30 days 4wgwm w of prgmd - The stove pries, speclficati a? W / r conditions are sa6istixs3ory and are hereby accepted mdwrmed to do the work as specified. Payment mffll b? made as Signature: C-' m thned above. I J Date of Acceptance: ('(Y 0 .) Signaft= PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cave Road. Dnncannon, PA 17020 171718349900 proposal Submitted To: Street City. State & Zip Code: We hereby submit specifics 72 Test Tees 2 Test Per Temp Specs STORM SEVER 3914 FT of 18 IN SUP 266 FT of 24 IN SLPP 0-6 32 FT of 24 IN SLPP 6-8 172 Ff of 30 IN SLPP 14 Manholes 245 Inlets 43 Flow Channels 43 Inlet Protection Remove 1 Inlet We Propose hereby to Constriction, Inc I Phone: 717-334-7173 .1146. Road Job Name: We Date PA 17325 and estimated for. westgate material and labor-complete in accordance DoHnn and 00 E above Date 08/0 $ 2,880.00 $ 3,000.00 $ 83,36820..; S 7,049.00 $ 896.00 $ 5,73620 S 2,100.00 $ 36,750.00 $ 3,655.00 $ 4,300.00 $ 500.00 for the sum of Payment to be made as follows: All material is guaranteed to be as specified. -All work to be coapletcd in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above SignaUrre: specifications involving extra costs will be executed only upon written orders, and will become an erdra 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 wididrawn by us if not accepted within 30 days Acoewmw of pegwd - The above prices, sped umaos ma wedam are wry and are hereby acxepbed. You are indwrimd t0 do the work as specified. Psymrot I be jmde as ? outlined above. Job Date of Acceptance: 5( /y/0-) Signature PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dnncannon, PA 17020 7I 834-9900 Proposal Submitted To: Vanish Consoucdon, Inc. Phan: 717=3347173 Street: 800 Builffog Road Job Name: We City, State & Zip Code; CTeUysbw& PA 17325 Job Location Architect: Date of Plans: Date we hereby submit specifications and estimated for. Westgate $ 2,550.00 3 Endwall $ 1,625.00 R4 Rock CULVERT WESI'GATE DRIVE 90 FT OF 103 X 81 IN CUP $ 11,941.60 2 Headwall and Endwall $ 9,990.00 CULVERT PARKWAY DRIVE 180 FT of 59 x 81 IN CMP $ 11'141.20 2 Headwall and Endwall $ 15,720.00 WATERLINE 4425 FT of 12 IN PVC Main $117,262.50 6 FT of 12 IN MJ Gate Valves $ 6;660:00 6 Fr of 6 IN MJ Gate Valves $ 2,820.00 We Propose hereby to &msh material and labor - complete in accordance with above Dollars and 00 Payment to be made as follows: for the sum All material is guaranteed to be as specified All work to be completed in a workmanMo: manner according to stondwd Authorized practices. Any alteration or deviation from above gib: Vacificaddons involving extra cam will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contmMt upon strikes, accidents or delays beyond our controL Owner to carry fire, tornado, \ and other necessary insurance. Our workers are frilly covered by Workmen's Compensation and Liability proposal may be withdrawn by m if not accepted within 00 days Acqpamsce of pnapard - The above prigs, specifications and condibom are sa y ad are hereby accepted. You am adhorized to do the work as specified Payment S19MM re. outlined above. Date of Acceptance: (g_ S'• PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 (7171834-9900 To: We hereby submit spa 412x12MYTee 6 12 x 6 Hydrant Tee 13 12 IN Bends 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 above Date $ 1,200.00 $' 1,920.00 $ 1,755.00 $ 14,400.00 $ 1,200.00 $ 3,250.00 $ 1,900.00 $ 20,425.00 $ 19,$00.00 the sum of. vanish Constt awn, inc• goo Buff Road Gdtysburg, PA 17325 Date of Places: Eions and estimated frn. Westgate Phone: 717-334-7173 Job Name. Job Location material and labor - complete in accordance and 00 Cents Payment to be made as follows: All material is guaranteed to be as gme fled. All work to be completed m a wmio anlike manner according to standard Authorized practices. Any alteration or deviation from above sue; specifications involving own costs will be executed only upon written orders, and will become an erktra 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 wvithclrawn by us if not accepted within days Insurance. Aceep/anee Of P IPA - The above Pnees, apeciticxnons ana conditions are satisfacW y and we h= by acc opted. You use authoofrmd to do the work as speci5ed. Payment wtMl be ? as Signature: outlined above. J Date of Acceptance: q / V b "'? S*Uatue PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road . Duncannon, PA 17020 (717) 834-9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street 800 BUllhrog Road Job Name: W City, State do Zip Code: Gettysburg, PA 17325 Job Location Architect Date of Plans: Job Phone: We hereby sabmit 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 Crashed #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 We Propose hereby to furnish material and labor - complete in accordance with above Dollars and 00 Cent 51,475,000.00 for the sum of Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed is a wotktimlike 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 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 My covered by Workmen's Compensation and Liability Note: This proposal may be withdrawn by us if not accepted within 30 days Insurance. Aare of p MMW -The above prices, specifications and coaftons are saisSrxory and are hereby accepted. You am Signature: authorized to do the work as specified. Payment outlined above. Date of Acceptance: 1 Signature. PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dnncannon, PA 17020 (717)8 9900 Proposal Submitted To: Varish Constrnetion, Inc. Pr Phone: 717-3347173 Date 08/01/07 Street 800 Bullfrog Road Job Name: Westgate , City, & Zip Code; Gettysbu% PA 17325 Architect Date of Plans: Job Location Job Phone: We hereby submit specifications and estimated for. Westgate Note: Ali 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 ace good for 30 days. I Payment to be made within 10 days from date of invoice. I ® All materials stocked onsite are to be paid for due t D escalation costs. 1 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 ROCK ENCOUNTERED WELL UWeProposwe hereby to furnish material and labor - complete in accordance with above specifications, for the sum of. Dollars and 00 Cents o b made as follows: All material is guaranteed to be as specified All work to be completed in a vie manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be exearted 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 fan, tornado, \ and other necessary in ran_ce. Our workers are fi&y covered by Worl:men's Compensation and liability AmMiance of FWV8d - The above prices, Waicadw and mom are satisfactory and am hereby saxpted. You are udKirized to do the work as specified Payment w01 }re ode as S: catlined above / Authorized signature: Note: This proposal may be withdrawn by us if rot accepted within 30 days 4 Date of Acceptance: ?/ ' 11/ U -?- Ste: CHANGE ORDER Keystone Contracting, Inc. Project: Westgate Change Order No. 08-01 Initiation Date: 06/11/08 Project No:. Contract For. Westgate Contract Date: The cou"a 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 MattmgFrosionBlm kd $ 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 aut>mrimd Change Orders The Total contract Sum prior to this Change Order The Contract Sum wr11 be (INCREASED) by this Change Order The New Contract Sum including this Change Order The Contract Time wr11 be (und mpd) by Varish Construction Inc. - 800 Bullfrog Road Gettysburg, PA 17325 By: Date $1,475,000.00 $ -0- $1,475,000.00 S 91.648.75 $1,566,648.70 (0) Days Contractor: Keystone Contracting, Inc. Br. Daft 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: 66.67 100 100 100 100 50 97.47 99.22 96.73 69.94 48.75 74.92 48.73 39.46 100 Amount Owed: $3,000.00 $1,000.00 $850.00 $14.00 $1,021.00 $1,500.00 $92,772.51 $307,593.06 $71,153.26 $5,595.27 $36,000.00 $9,050.00 $1,927.86 $15,000.00 $6,233.76 0 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 31.8 100 100 100 67.01 67 47.34 100 44.02 100 100 100 100 $1,930.00 $8,600.00 $2,565.00 $998.38 $1,000.00 $1,930.00 $2,010.00 $39,468.90 $2,100.00 $16,176.84 $11,991.60 $9,990.00 $19,141.20 $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 of 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 v 4 ' ? ?? KEYSTONE CONTRACTING, INC., Claimant, V. ELBERT, L.P., Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6916 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: By: 7, Robert Frey, Esquire Frey & Tiley 5 South Hanover Stre Carlisle, PA 17013-3307 Attorney for Owner, Elbert, L.P. ?`? ?' t? ?? '?r ?- P ' ? ?-??rv ^? ?i"t ?. C7 ,?? ?.7 N {'; .. -, t ; ,