HomeMy WebLinkAbout09-1899
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Michael W. Winfield, Esquire
Attorney I.D. No. 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Claimant
CONEWAGO ENTERPRISES, INC.,
Claimant
V.
INSITE DEVELOPMENT, LLC,
Owner
To: Insite Development, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MECHANICS LIEN NO. d g _ l "49 M Lv
Insite Hospitality, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
You are notified that a Mechanics' Lien Claim in the amount of $98,587.72 has been
filed on behalf of Conewago Enterprises, Inc. against the improvements and property located at
2055 Technology Parkway, Mechanicsburg, Cumberland County, Pennsylvania, and identified
as Tax Parcel No. 10-14-0839-023. This claim was filed on March 26, 2009 in the Court of
Common Pleas of Cumberland County, Pennsylvania, docketed as referenced above. A copy of
this Claim is attached. /1
RHOADS 8d $IINON LLP
By: v "u'l J v " - r \4A.
Mich 1 W. Winfiel
One So th Market Sq e
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Claimant
731466.1
f
Michael W. Winfield, Esquire
Attorney I.D. No. 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Claimant
CONEWAGO ENTERPRISES, INC.,
Claimant
V.
INSITE DEVELOPMENT, LLC,
and INSITE HOSPITALITY, LLC
Owner(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MECHANICS LIEN NO. O9- 1 e9 i? M -'o
MECHANICS' LIEN CLAIM
Claimant, Conewago Enterprises, Inc. ("Conewago"), through its undersigned counsel,
Rhoads & Sinon LLP, files this Claim against the improvements and property located at 2055
Technology Parkway, Mechanicsburg, Cumberland County, Pennsylvania, which is more fully
described in the Deed attached hereto as part of Exhibit 1 ("Property"), for the payment of a debt
due to Conewago pursuant to a written contract between Conewago and Insite Hospitality, LLC
("IHLLC"). In support of this Claim, Conewago avers as follows:
1. Conewago is a Pennsylvania corporation with a principal place of business
located at 660 Edgegrove Road, Hanover, PA 17331. Conewago is the party Claimant and files
in the capacity of subcontractor to IHLLC. To the extent that IHLLC is considered to be an
'A.ti
..
t
Owner under the Mechanics Lien Act of 1963, then Conewago files in the capacity of
contractor. I
2. Insite Development LLC, upon information and belief, is a Pennsylvania limited
liability corporation, with a principal place of business located at 1943 Monterey Drive,
Mechanicsburg, Pennsylvania 17050. Insite Development LLC is the record Owner of the
Property.
3. IHLLC is a Pennsylvania limited liability corporation with its principal place of
business also located at 1943 Monterey Drive, Mechanicsburg, Pennsylvania 17050. Although
IHLLC is not the record owner of the Property, IHLLC is represented to be the "Owner" in the
contract entered into between Conewago and IHLLC
4. The date of final completion of Conewago's work on the Property was January
20, 2009. Substantial completion of Conewago's work was achieved on October 6, 2008.
5. Formal notice of Conewago's intent to file a Mechanics' Lien Claim was given on
February 19, 2009 ("Notice"). A truer and correct copy of the Notice, including return receipt, is
attached hereto as Exhibit "1" and incorporated by reference.
6. Conewago performed its work, pursuant to a written contract with IHLLC, a true
and correct copy of which is attached as Exhibit "A" to the Notice.
7. The general nature and character of the labor and materials furnished by
Conewago is described on the first page of the written contract referenced in paragraph 6 above;
on various change orders, copies of which are attached as Exhibit "B" to the Notice; and in a
letter from Conewago to Insite Development LLC, dated November 28, 2007, a true and correct
' Conewago is without information sufficient to determine the legal relationship between Insite Development LLC
and IHLLC. The contract between Conewago and IHLLC designates IHLLC as the "Owner" and Conewago as the
"Contractor."
-2-
1•
s
copy of which is attached as Exhibit "C" to the Notice. All referenced exhibits to the Notice are
attached hereto as part of Exhibit 1 and incorporated by reference.
8. The unpaid amount due and owing to Conewago for which this Lien is asserted is
$98,587.72.2
9. The Property subject to the lien is the property located at 2055 Technology
Parkway, Mechanicsburg, Pennsylvania, which is located in the Cumberland Technology Park,
identified as Tax Parcel No. 10-14-0839-023, and more fully described in the Deed attached to
the Notice as Exhibit "D". The improvement to the Property is the construction of a Comfort
Suites Hotel building, and related appurtenances, of which Conewago performed the work
identified in paragraph 7 above.
WHEREFORE, Conewago Enterprises, Inc. respectfully requests that a Mechanics' Lien
be issued in the amount of $98,587.72 against the Property.
RHOADS USINON LLP
By: U y v V 'W V
Mic ael W. Winfield
One South Market Square
P. 0. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Claimant
2 Other amounts are due and owing to Conewago which are not subject to this Lien. Conewago reserves its right,
vis-A-vis all other amounts.
-3-
1.
VERIFICATION
David L Donharl, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating
to unworn falsification to authorities, that he is the Vice President of Operations of Conewago
Enterprises, Inc., that he makes this verification by its authority and that the facts set forth in the
Mechanics' Lien Claim are true and correct to the best of his knowledge, information and belief.
3 z I k o-r? ?..?.. t`.,
Date David L. o arl
EXHIBIT "1"
n -T
ffo
& SINON LLP
Michael W. Winfield
ph (717) 237-6703
fx (717) 231-6637
M W infield@Rhoads-Sinon.com
FILE NO: 6248/20
February 19, 2009
Re: Comfort Suites, PA No. 470 Proiect
Mr. Donald H. Erwin, President
Insite Hospitality LLC
1943 Montery Drive
Mechanicsburg, PA 17050
Dear Mr. Erwin:
Mr. Donald H. Erwin
Insite Development LLC
1943 Montery Drive
Mechanicsburg, PA 17050
Please be advised that we represent Conewago Enterprises, Inc. ("Conewago") with
respect to the above-referenced Project. Although Conewago has completed its work in full, it
has not received final payment, and is currently due $98,587.72 for amounts billed less amounts
paid. In addition, Conewago incurred $4,083.71 in additional costs for change order work that it
proceeded with in good faith based upon verbal agreements and without a written change order
in place, and $62,285 in structural steel cost increases as a consequence of an Owner caused
delay in the commencement of the Project.
It is my understanding that you have had conversations with representatives of Conewago
regarding the above, but no agreement could be reached with regard to the disputed amounts. It
is also my understanding that Insite Hospitality, LLC ("Insite") is disputing the amount of a
credit for the deletion of structural metal stud shear walls for the Project.
By this letter, Conewago is making one final attempt to reach a resolution without the
need to resort to the formal dispute resolution procedures set forth in the Contract Documents.
In exchange for payment in the amount of $98,587.72 within fifteen (15) days of the date of this
letter, Conewago will forego, and otherwise release Insite, from any claims for the changes it
performed without a written change order, and for the structural steel cost increases due to the
Owner caused delay referenced above. By making payment in this amount, Insite would waive
any claims against Conewago for additional credits associated with the deletion of the work
referenced above. Payment made by Insite pursuant to this letter would be considered final
payment under the Contract Documents, and would trigger all of the same obligations,
satisfactions and releases as final payment would in the ordinary course.
Conewago's offer to resolve these issues will expire by the close of business on Friday,
March 6, 2009, unless accepted in writing by you. In the event that we are unable to reach an
agreement based upon the terms set forth above, Conewago will move forward to collect all
amounts due and owing to it under the Contract, including, inter alia, penalties and attorneys
fees pursuant to the prompt pay provisions of the Contractor Subcontractor Payment Act.
Conewago further reserves the right to file a mechanics' lien against the Property for all amounts
due and owing, and is contemporaneously issuing with this letter, a Formal Notice of Intent to
File Mechanics Lien. It is Conewago's sincere hope that pursuing the lien will not be necessary.
731599.1
Rhoads & Sinon LLP • Attorneys at Law • Twelfth Floor • One South Market Square • P.O. Box 1146
C
Mr. Donald H. Erwin, Presider.
February 19, 2009
Page 2
Should you have any questions regarding the contents of this letter, please contact me.
To the extent you are represented by counsel, your counsel should contact me with any
questions.
Very truly yours,
RHOADS & BtNj% LL
By:
W. Wi:
Enclosure
cc: Mr. David Donharl
MWW/lgr
(Domestic Mail Only: No Insurance Coverage Providec
For delivery information visit our website at www.usps.com,
Q'
.0 Postage $
r%-
CertMled Fee
D ? o Postmark
O Return Recelpt Fee Here
C3 (Endorsement Required)
0 ReeUtted Delivery Fee
(Endorsement Required)
O
? Totai
Mr Donald H Erwin
Insite Hospitality LLC/Insite
? Development LLC
C3
° S _.
heet-
or POE, 1943 Montery Drive
city
Mechanicsburg PA 17050 .--......
¦ 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 mailplece,
or on the front if space permits.
A. Signature
X
? Agent
1. Article Addressed to:
Mr Donald H Erwin
Insite Hospitality LLC/Insite
Development LLC
1943 Montery Drive
Mechanicsburg PA 17050
8. Received by (Printed Name) I C. Date of Deliver
D. Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: ? No
3. Type
CwMW Mail ?JExpr" Mail
? Registw I R7 Return Rsoelpt for Merchandia
? Insured mail ? C.O.D.
4. Restricted Delivery? Pit Fee) ? Yes
2. ArWe Number
WWftm 7007 1490 0000 7679 5310
(liansli9r fromaervlceIe6e!)
i Ps Form 3811, February 2004 Domestic Retum Receipt 1025e5o2-M-154
FORMAL WRITTEN NOTICE OF INTENTION TO FILE A
MECHANICS' LIEN CLAIM
TO: INSITE DEVELOPMENT, LLC
Attn: Donald Erwin
1943 Monterey Drive
Mechanicsburg, PA 17050
INSITE HOSPITALITY, LLC
Attn: Donald Erwin
1943 Monterey Drive
Mechanicsburg, PA 17050
This formal Notice is being made to Insite Development, LLC., and Insite Hospitality,
LLC, both of which are Pennsylvania limited liability companies with a principal place of
business located at 1943 Monterey Drive, Mechanicsburg, PA 17050.
Conewago Enterprises, Inc. ("Conewago") is the party claimant for purposes of
this Notice.
2. Insite Development, LLC is the record owner of the property which is subject to
the lien for which this Notice is provided.
3. The entity with whom Conewago contracted with is Insite Hospitality, LLC,
pursuant to a written contract dated January 11, 2008, which designated Insite
Hospitality LLC as "Owner" and Conewago as "Contractor".
4. The amount claimed to be due for which a lien may be filed is $98,587.72. Other
amounts are due and owing to Conewago for which Conewago reserves the right
to seek relief directly from Insite Hospitality.
5. The general nature and character of the labor and materials furnished by
Conewago is described on the first page of the written contract referenced in
paragraph 2 above, a copy of which is attached hereto as Exhibit "A"; in various
executed change orders, copies of which are collectively attached hereto as
Exhibit "B"; and in a letter from Conewago to Insite Development dated
November 28, 2007, a copy of which is attached hereto as Exhibit "C".
6. The date of final completion of the work for which the claim is made is January
20, 2009. Substantial completion of the work was achieved on October 6, 2008.
731853.1
T The property subject to the lien is the property located in the Cumberland
Technology Park in Mechanicsburg, Pennsylvania, identified as Tax Parcel No.
10-14-0839-023, and more fully described in the Deed attached hereto as Exhibit
"D". The improvement to the property is the construction of a Comfort Suites
Hotel building and related appurtenances, of which Conewago performed the
work identified in paragraph 4 above.
8. Conewago intends to file its Mechanics Lien Claim unless payment is received in
the amount set forth in paragraph 3 above, within thirty days of the date of service
of this Notice. A
RHOADS &
By; v V „
Michael V. Winfield
One South Market Square
P. 0. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Conewago Enterprises, Inc.
-2-
I
Document A1011M- 1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT made as of the I I th day of January in the year of Two Thousand Eight
(hi words, indicate day, nionth and year) ADDITIONS AND DELETIONS:
BETWEEN the Owner: The author of this document has
(Nate, address and other infamintion) added Information needed for its
completion. The author may also
have revised ft text of the original
Insite Hospitality LLC AIA standard form. An Additions and
1943 Monterey Drive Deletions Report that notes added
Mechanicsburg, PA 17050 information as well as revisions to
the standard form text Is available
from the author and should be
reviewed. A vertical line in the left
and the Contractor: margin of this document Indicates
{Name, address and other it formation) where the author has added
necessary Information and where
Conewago Enterprises, Inc. the author has added to or deleted
660 Edgegrove (toad from the original AIA text.
P. O. Box 407 This document has important legal
Hanover, PA 17331 consequences, Consultation with an
a Homey is encouraged with respect
to its completion or modification.
The Project is: AIA Document A201-1997, General
(Name and localion) Conditions of the Contract for
Construction, is adopted in this
Comfort Suites PA #470 document by reference. Do not use
Mechanicsburg, PA with other general conditions unless
this document is modified.
This document has been approved
The Architect is: and endorsed by The Associated
(Nacre, adelre s and ocher ittfornralion) General Contractors of America.
MWT Architecture PC
520 Collins Aihman Drive - Suite 200
Charlotte, North Carolina 28262
The Owner and Contractor agree as follows.
Conewago Enterprises, Inc, to furnish and erect the structural package to include: structural steel,
8" hollow core floor plank, load bearing structural steel stud wail system including shear wails and
non-load bearing exterior steel studs with DensGlass Gold sheathing on exterior walls. Does not
include any interior partitions for hallways, room to room, etc.
Init. AIA Document A101 TM-1997. Copyright 01915, t918,1925,1937.1951,1958, J961, 1983, 1967, 1974, 1977, 1967,1991 and 1997 by The American
Insolute of Architects. An rights reserved, WARNING. This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIAe Document, or any portion of IL may result In severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 13:49:19 on 01111/2008 under Order Na.10002e9592_t which
expires on 312312008, and is not for resale.
User Notes:
111573104061
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda Issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as
fully a part of the Contract as IF attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
Article B.
J (Paragraphs deleted)
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert rite date of commencement if it differs fron the date of this Agreement or, if applicable, slate that the date
will be ft.Ted in a notice to proceed.)
Seven days after final inspection and acceptance of footings
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other
security interests, the Owner's time requirement shall be as follows:
Sixty days from date of agreement
§ 3.2 The Contract rime shall be measured from the date of commencement. 4 -
§ 3,3 The Contractor shall achieve Substantial Completion of the entire Work not inter thanWednys from the date
of commencement, or as follows:
(Insert number of calendar days. Alrenuttively. a calendar date may be fixed when coordinated Ivith the date of
commencement. Unless stated elsewhere in the Contract Documents, insert any regnirenents for earlier Substantial
Completion of certain portions of the Work.)
Portion of Work Substantial Completion Date
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, 6f any, for liquidated darnages relating to failure to complete on little orfor banns paymentsfor
early completion of the Work.)
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractors performance of the
Contract. The Contract Sum shall be One Million Eight Hundred Fifty Seven Thousand Six Hundred Sixty One
Dollars and No Cents ($1,857,661.00), subject to additions and deductions as provided in the Contract Documents.
§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner.
(State the numbers or ofher identification of accepted alrenrates. If decisions on other alternates are to be made by
the Owner subsequent to the execution of this Agreeinerrt, atlach a schedule of such other alternates shoving the
ornount for each and the date when that amount expires)
Init. AIA DOCUment A101 V -1897. Copyright ID 1915, 1918, 1925, 1937, t951, 1958.1961.1953,1957.1974,1977,1987. 1991 and ti1976y The American
Institute of Atcbaects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Low and Internallonot Trealles, Unauthorized
reproduction or distribution or Ibis AIO Document, or any portion of lt, may result In severe civil and criminal penalties, and will be prosecuted to the 2
/ maximum extent possible under the law. This document was produced by AIA software at 13:49:19 on 0111 MOO underOrder No.1000289592_1 which
enhas on 312312000, and Is not for resale.
User Notes:
(t 15731040!1)
§ 4.3 Unit prices, if any, are as follows:
Description Units Price ($ 0.00)
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows-
§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 20th day of a month,
the Owner shall make payment to the Contractor not later than the 5th day of the following month. If an
Application for Payment is received by the Architect after the application date fixed above, payment shall be made
by the Owner not later than fourteen ( la ) days after the Architect receives the Application for Payment.
§ 5.1,4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.5 Applications for Payment shall indicate the percentage of completion of cacti portion of the Work as of the
end of the period covered by the Application for Payment.
§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying
the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of
the Work in the schedule of values, less retainage of rive percent ( 5% ). Pending final determination of cost to
the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA
Document A201-1997;
Add that portion of the Contract Sun] properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at o location agreed upon in writing), less
retainage of rive percent ( 5% );
Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified n Certificate for Payment
as provided in Section 9.5 of AIA Document A201-1997.
§ 5.1.7 Tile progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
Inlt. AIA Document A101 TM -1997. Copyright ®1915,1910, 1925, 1937, 1951, 1953-1961,1963.1997. 1974,1977.1967, 1991 and 1997 by The Am
erican
Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by US. Copyright Law and Mternatfottal Trealks. Unauthorized on or distribution
is Ale
Docu
It,
3
arid ! maaxrfmumtextent possible nderhthe w. This mdoe mantawas piooducod by AfA software alt 3:49:19 on 011!11/2001 6 unnd Older Naw000289592 7uwhich the
expires on 3f2=008, and is not for resale.
User Notes:
(1157310406)
Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 of AM Document A201-1997 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety, if any.)
Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9. 10.3 of AIA Document
A201-1997.
§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(!fit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resl(lling from
the percentages inserted in Sections 5.1.6. / and 5.1.6.2 above, and this is not explained elsewliere in the Contract
Documents, insert here provisionsfor such reduction orlinutation.)
Retainage of five percent (5%) shall be held by Owner until the Use and Occupancy Permit is issued, at which
time the retainage shall be reduced to one hundred fifty percent (150%) of cost for any outstanding items.
§ 5.1.9 Except with tine Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 52 FINAL PAYMENT
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when:
the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements,
if any, which extend beyond final payment; and
n final Certificate for Payment has been issued by the Architect.
§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after die issuance of the
Architect's final Certificate for Payment, or as follows;
ARTICLE 6 TERMINATION OR SUSPENSION
§ 6,1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A201-1997.
§ 6.2 The Work may be suspended by the Owner as provided in Article 14 of ATA Document A201-1997.
ARTICLE? MISCELLANEOUS PROVISIONS
§ 7.1 Where reference is made in this Agreement to a provision of AIA Document A20I-1997 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
§ 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing From time to time at the place where the Project is
located.
(insert rate of interest agreed upon, if amp.)
(18;'0 ) per annum
(Usury lntvs and requirements under the Federal Truth in Lending Act, similar state and local consumer credit lows
and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and
tnlL AIA Document AtO1TM-1997. Copyright O 1915, 1918. 1925. 1937, 195t.1958. 1961, 1963, 1987, 1974, 1977, 1987, 1991 mad 1997 by The American
Instduts of Archnecls. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AiA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the low. This document was produced by ALA soliware at 13:49:19 on Ot/t 1t2005 under Omer No.1000289592_1 which
expires on 3123/2008, and Is not for resale.
User Notes:
(1157310406)
eisetvilere rttay affect the validity of this provision. Legal advice should be obtained with respect to deletions or
modifications, and also regarding regltirenlents such as written disclosures or wa(vers.)
§ 7.3 The Owner's representative is:
(Nante, address and outer it fornhatlon)
Mr. Don Irwin
1943 Monterey Drive
Mechanicsburg, PA 1705D
§ 7.4 The Contractor's representative is:
(Nahne, address and other htfonnation)
Mr. David L. Donharl
Conewago Enterprises, Inc.
660 Edgegrove Road
P. 0. Box 407
Hanover, PA 17331
§ 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
§ 7.6 Other provisions:
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
§ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
§ 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and
Contractor, AIA Document A101-1997.
§ 8.1.2 The Gencral Conditions are the 1997 edition of the General Conditions of the Contract for Construction. AIA
Document A201-1997.
§ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
and are as follows
Document Title Pages
NA
§ 8.1.A The Specifications are those contained in the Project Manual dated as in Section 813, and are as follows:
(Either list rite Specifications here or refer to all exhibit attached to this agreement.)
Title of Specifications exhibit:
(Table deleted)
§ 815 The Drawings are as follows, and are dated unless a different date is shown below:
(Either list the Drawings Isere or refer to an exhibit attached io this agreement.)
Title of Drawings exhibit: See attached
(Table deleted)
§ 8.1.8 The Addenda, if any, are as follows:
Init. AIA Document A101TM-1997. Copyright ®1915,1918,1925, t937, 1951.1958. 1981, 1983, 1987,1974,1977, 1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Low and International Treaties. Unouthortled
reproduction or distribution or this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 5
/ maximum extant possible under the low. This doemanl was produced by ALA soltware at 13:49:19 on 0111112008 under order No.1000289592_1 wWch
espyas on 32312008, and is not for resale.
User Notes:
(I 157310406)
Number Date Pages
NA
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 8.
§ 8,1.7 Other documents, if uny, forming part of the Contract Documents are as follows:
(List here (11131 additional documents that are intended to form par of the Contract Documents. AM Docuntem A201-
1997 provides That bidding regrtirenlents siren as adverfisenient or invitation to bill, htstnictions 10 Bidders, sample
forins• and the Contractor's bid are not part of the Contract Doctrntents unless enumerafed in this Agreement. They
should be listed here only if intended to be part of the Contract Documents.)
Conewago Enterprises, Inc. proposal dated November 28, 2007
§ 8.2 Davis-Bacon Wages - Owner acknowledges that the Contract Sum is based on Owner's representation
that the Work is not subject to any statute, ordinance, regulation or determination requiring payment for
labor for the Work in accordance with the federal Davis-Bacon Act, any state prevailing: wage late, or any
similar requirement, and that this Is material to Contractor's agreement to perform the work for the
Contract Sum. Owner agrees that in ilia event it is determined by any regulatory agency, governmental board
or court that the Work is subject to any prevailing wage or similar requirement, Owner will adjust the
Contract Sum to poy'Contractor for any increase In Contractor's cost as a result of such determination.
§ 8.3 Mold Clause - Should the Owner fail to properly maintain the building and permit a hazardous
condition such as mold to develop after construction, the Owner will indemnify the Contractor for any and all
claims resulting from this condition including bodily injury, physical damage, relnediation, and loss of use.
This Agreement is entered into as of the day and year first written above and is executed in at least three original
copies, of which one is to be delivered to the Contractor, one to tite Architect for use in the administration of the
Contract, and the remainder to the Owner.
ER (Sig, 144;
Don Irvin David L. Donn rl, Yi a President
Date: /.- z? -.? ? Date: p
(Printed naute and title) (Printed tramc a d title
M.. '0zX.W'f-, PEGS .
salt. AIA Dat:ument A101 TM _ 1997. Copyright ®1815,1918, 1925, 1937, 1851, 1958, 1981, 1963,1967.1974,1977, 19117.1991 and 1997 by The American
rnslitule of Architects. All rights reserved. WARNING: This AIA° Document is projected by U.S. Copyright Law and international Trealles Unauthorized
reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 6
/ maximum extent possible under the tow. This document was produced by AIR sollware at 13:49:19 on 01111/2008 under Order No.1000289592_1 which
expires on 3/2312008, and Is not for resale.
User Notes:
(1157310406)
DEC-22-2008 11:02 jNEWRGO
CO
576 Ea3e9?O+'9 RpBp, r0. Bttu 461, Hanovcy? PA 17331
www.=newxgd.%;am
MIRY 16.2008 I/
Iratle Developwt
1943 Monterey OF
Mecha111t:sbu119 PA 17050
Rot_ Comfort Suiles
Dear Don;
7176308441 P_01/01
A•IWW441 P.81?0I
We am r8qwsfing a change over in tht: amount Of $12.626.00 for the addliosal tube columns
in the corridors. Please sign below to 6=90 this change and forward a charge order to ft original
contract to my anention
If you have any questions of eon"ms please 00 nOt hesitsle to cernact rne.
alncerely?
GONEWJt?O ENTERPWSES INC
John Naearman
eonewago Rattly Mix COnervago PreC%UT ern7ding Systems Conewago steel systems Conlwn9v eongmte servrc?s
Phone: 717-683-5022 r+hwM .632.)722
Fax: 717439-04L41 Fair - 7 7t177.63.8471 P?Grter ? t 7-382-7?ZR PhOM: 717432-77??
Fate 717.632.8659 Farr. 717.832.8659
TOTRL P.01
TnTAI P. A 1
a
J U L - 7 20 08
CO WUWIAGO BUILDING SYSTEMS, LLC
June 27, 2008
Insite Development
1943 Monterey Or
Mechardcsburg PA 17050
Attn: Don EnMn
Ref: Comfort Suites
Dear Don:
We are requesting a change order to the original contract in the amount of
$153,957.00 for the addition of 17,679 SF of roof plank. Please sign below acknowledging
your agreement to this change. If you have any questions please feel free to contact me.
Sincerely,
CONEWAGO ENTERPRISES INC
David L. Donharl
Conewago Ready Mix Conewago Precast Building Systems Conewago Seeei Systems Conewago Concrete Services
Phone: 717-633-5022 Phone: 717-632-7722 Phone; 717-632-7722 Phone: 717.632.7722
Fax: 717-630-8441 Fax: 717-630-8441 Fax: 717-632-8659 Fax: 717-63Z-8659
RUG-11-2068 12_56 _FROM:ABECO INC
CONEW.JACM-ftrb
576 rd9t9- ve Road. P.O. B= 461. Haswvet PA 17331
www.conowago.com
Ire to Developmerd
1943 Monterey Dr
Mechanicsburg PA 17o50
Attn: Dort Erwin
Ref: Corrdort Suites
Dear Don:
717 458 8362 TD:6368441 P.1
J
August 11.20013
We ere MgUeSdng a change order to the anginal contract in the area d of 53,824.DD
fo
O&Jvwlwgfng r the addition of 250 SF of 8" pfar* at Stair tt aws A,g, and C._ Please sign bettnl?
y a9 t b this change If you have any questions please feet free tD
GOntdct me. .
I
Aultorbwd
Sincerely.
CONEW GO ENTERPRi INC
Don Sneeringer
C---ago ReMW Mix Conewago Precast Buflding Sys"n,
PhD": 717-633-5022 Phone: 717-632.7722
Fac 717.63"a4i Fax: 717-63"441
Date
Canearago75 t 6 Systems cO-"Va9a concert semces
Phone: 17.632 7722 Phone: 717.632.7722
F2x: 717.6924639 Fax: 717-69Z-8659
Aug 23 08 09:11a Don Envin
ALG-22-200B 36:20
576 Edgegrove Road, P.Q. Box 061,
.7-236-5570 p,t
I11OdOo".41 r. par ua
PA 77331
August22,2008
Insite Development
1943 Monterey Dr
Mechanicsburg PA 1 i
Attn: Don Erwin
Ref: Comfort
Dear Don:
We are req
$10,251.00 for the ac
4. Please sign belt
questions please feel
ling a change order to the original contract in the amount of
on of 670 SF of W plank to stair tower A, 8, and C at Moors 2, 3, and
acknowledging your agreement to this change. If you have any
e to contact me.
Sincerely,
-`CON NEEWAGO ENTERPRISES INC t1
Don Sneeringer I
Conewago Reacry Nx
Phone: 7 t 7-693-5022
Fax: 717-630-8441
m
ago PreCatt Building Systems Conewago steel System, Conewago Concrete services
Phone, 777-632.7722 Phone: 777-632.7722 Phone: 717.632-7727
Fax: 717.630-8441 Fax: 717.632-8659 Fax: 717-632-8659
TOTAL P,01
It
1
CONEWAGO
576 Edgegrove Road, PO. Box 461, Hanover, PA 17331
www.conewago.com
November 28, 2007
Insite Development
1943 Monterey Dr
Mechanicsburg PA 17050
Attn: Don Ervin
Ref: Comfort Suites
Dear Don:
L-,,.,_. r-? 't- t k\a $101
After reviewing the latest set of preliminary structural drawings dated Nov. 7, 2007 we
have budget numbers for the structural steel and plank package. These estimates may need
to be adjusted based upon receipt of a final set of construction drawings, however I feet this
estimate should be very dose.
c 8" Hollowcore precast floor plank, appox. 69,943 SF
$598,159
e Structural steel package to consist of all columns, beams, and lintel angles
$487,302
Y Load bearing structural steel stud wall system and shear walls
$563,200
o Non load bearing structural steel stud exterior wall system with Dens Glass Gold
sheathing on all exterior walls, load bearing and non load bearing
$209,000
The above prices are fumished, delivered, and erected.
Sincerely,
CONEWAGO ENTERPRISES INC
L
David L. Donharl
Conewago Ready Mix Conewago Precast Building Systems Conewago Steel Systems Conewago Concrete Services
Phone. 717-633-5022 Phone: 717-632-7722 Phone: 717-632.7722 Phone: 717-632.7722
Fax: 717-630-8441 Fax: 717-630-8441 Fax: 717.632-8659 Fax., 717-632-8659
v
a
.......?. -? ......? . «......«..........,r...«.....,? t. nn/t .r I.It d66`YY r.vvotwwn
P-OBERT P. 21EGLER
RECORDER OF OEEV
C.."' ERLAIII) COUNT':-:
_J W FIRR 12 RM 9 42
THIS DEED
Tax Parcel Nos. 10-14-0839-023
Made the 0 -day of march, in the year of our Lori two thousand seven (2007)
Be&~ MT. ZION ASSOCIATES L.P., a Pennsylvania limited partnership, parry of
the first part ("Grantor")
AND
INSITE DEVELOPMEWT, LLC, a Pennsylvania limited liability company,
party of the second part ("Grantee")
147TNESSETH, that the said Grantor, for and in consideration of the sum of Eight
Hundred Forty Thousand and 001100 ($840,000.00) Dollars lawful money of the United
States unto Grantor well and truly paid by the Grantee, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell, alien, enfealf, release, convey and confirm
unto the said Grantee, Grantee's successors and assigns,
LOT 5:
ALL THAT CERTAIN tract of land situate in the Township of Hampden,
Cumberland County, Pennsylvania known as Lot 5 on the Final ReSubdivision Plans
Phase 2A and 213 for Cumberland Technology Park recorded in Plan Book 81 page 53
and bounded and described as follows:
BEGINNING at an iron pin, said point being the southeastern corner of the
intersection of Mt. Zion Road, having a 50 foot'legal right-of-way and Technology
Parkway, having a 80 foot legal right-of-way, thence along the southern right-of-way
line of Mt. Zion Road South 79 degrees 33 minutes 17 seconds East a distance of
180.88 feet to a point on said southern right-of-way line of Mt. Zion Road; thence
leaving said right-of-way line and along the property now or formerly Russel C. Mack &
Anna-E. Mack South 14 degrees 40 minutes 43 seconds West a distance of 152.88
feet to a point; thence cpntinuing along the property now or formerly Russel C. Meek &
Anna E. Meek South 79 degrees 33 minutes 17 seconds East a distance of 99.79 feet
to a point on the line of property now or formerly Larry S. Myers and Audrey M. Myers;
thence along said property now or formerly Larry S. Myers and Audrey M_ Myers South
26 degrees 08 minutes 36 seconds West a distance of 272.25 feet to an iron pin, said
point being the common corner of now or formerly Larry S. Myers and Audrey M. Myers,
now or formerly Pinnacle Health Hospitals and the tract of land herein described;
thence along said now or formerly Pinnacle Health Hospitals South 62 degrees 20
minutes 41 seconds West a distance bf 157.13 feet to an iron pin on the eastern right
5L1 71Y7568r1/000000.00000
Vol, 2?9 '1506
t
.._.. .._.. ? V esr./r •• vY? •r?Y f'.VVGlVVY
of-way line of Technology Parkway; thence along said eastern right-of--way line of
Technology Parkway along a curve to the right having a radius of 455 feet and a length
of 302.72 feet to an iron pin on the eastern right-d-way We of Technology Parkway;
thence continuing along the eastern right-of-way One of Technology Parkway North 10
degrees 27 minutes 53 seconds East, a distance of 205.62 feet to an iron pin on the
eastern right-of-way One of Technology Parkway; thence continuing along the eastern
right-of-way line of Technology Parkway along a curve to the right having a radius of
25.00 feet and a length of 39.26 feet to an iron pin on the eastern right-cf-way line of
Technology Parkway, said point being the juncture of Technology Parkway and Mt. Zion
Road, said also being the place of BEGINNING.
CONTAINING 104,584.05 square feet (2.401 acres), more or less.
EXCEPTING AND RESERVING a 20 foot wide trail easement and a detention
basin easement more particularly bounded and described on Final Resubdivision Plans,
Phase 2A & 28 for Cumberland Technology Park, recorded in Cumberland County Plan
Book 81 Page 53.
BEING A portion of property which McNaughton Properties, Inc., a Pennsylvania
corporation, by deed dated November 4, 1997 and recorded November 5, 1997 in
Cumberland County Deed Book 167, Page 327, granted and conveyed unto Mt. Zion
Associates L.P., a Pennsylvania Limited Partnership.
Being Tax Parcel 10.14-0839-023
UNDER-AND SUBJECT to all restrictions, reservations, easements, covenants,
conditions and rights-of-way of record.
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging or in anywise appertaining and the reversions and remainders,
rents, issues and profits thereof and all the estate, right, title; interest, property, claim
and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the
same and every part thereof.
TO HAVE AND TO HOLD the above-described premises with the
appurtenances unto the Grantee, Grantee's successors and assigns, forever.
AND the said Grantor hereby covenants and agrees that it will warrant specially
the property hereby conveyed.
SL I 707 SH v /000000.00000
600 279 PAGE 397
In Witness Whereof, the Grantor has hereunto set its hand and seal the day and year
first above written.
ATTEST:
(Asst.) Secretary
Mt. Zion Associates, L.P. by its sole
General Partner, Mt. Zion Associates, Inc.
BY:_ , X44,4 .4
PPhill? Markov#z
Vice President
Commonwee rPennsylvania
• SS.:
County of,_,,, .
On this, the 474 day of March, 2007, before me, a Notary Public, the
undersigned officer, personally appeared Philip Markavra, Vice President of Mt. Zion
Associates, Inc., a Pennsylvania corporation, the sole general partner of Mt. Zion
Associates L.P., a Pennsylvania limed partnership, known to me (or
proven) to be the person whose name is subscribed to the within deed and
acknowledged that he as such officer executed the same for the p
contained on behalf of the corporation, as general partner of the limited
In Witness Whereof, I hereunto set myifaniil and official seal.
NOTAM SEAL /
s W"? Aft ??Mlr- ry Pu is
cton films 20PI C fission Expires:
reby Certify that the precise residence of the Grantee is:
I He
1943 Monterey. Drive.
Mechanicsburg, PA 17050
SL 1707568WOO0000.00000
Attorney for Grantee
b7* 279 PAGE 398
-T'-
0210612008 15:26 Patricia Black Abstracting
,. .
Commonw*alth of Pennsylvania :
. SS.:
County of Cumberland
(FAX)!1! 3J/ ZL40 rMUSUUVSi
Recorded on this day of , 2006, in the Cumberland
County Recorder of Deeds Office in Record/Deed Book , Volume , Page
Given under my hand and the seal of the said Office the date above written.
Cumberland County Recorder of Deeds
S:1Legai DeedslCumberiandTach-DeedtolnskeDev.wpd 319107 12:58 PM
1 Certify this to be recorded
In Cumberland County PA
Recorder of Deeds
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s Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Q tr ct Girtbrr?jt Edward L Schorpp
Solicitor
Jody S Smith
orr,ce Cr -" s"-RWF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/06/2009 04:59 PM - Dennis Fry, De uty Sheriff, who being duly sworn according to law, states that on April 6, 2005
at 1659 hours, he served a true copy of the within Mechanics' Lien Claim upon the within named
defendant, to wit: Insite De elopment, LLC by making known unto Donald Erwin, President of Company,
at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the
same time handing to him personally the said true and correct copy of the same.
04/06/2009
04:59 PM - Dennis Fry, De uty Sheriff, who being duly sworn according to law, states that on April 6, 2005
at 1659 hours, he served a true copy of the within Mechanics' Lien Claim upon the within named
defendant, to wit: Insite Ho pitality, LLC by making known unto Donald Erwin, President of Company, at
1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $55.22
April 07, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Dep,Ay
Docket No. 2009-1899
Conewago Enterprises v Insi
Development
FILE-iOFI
4F THE rROull'ONOTARY
2049 APR -9 AM 9.5 l
l i t. +L y{/`Yi?,y-i*. kej?l?Sj{)yUN 1
PENNS t LV NI 4
Michael W. Winfield, Esquire
Attorney I.D. No. 72680
RHOADS & S1NON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Claimant
CONEWAGO ENTERPRISES, INC.,
Claimant
V.
INSITE DEVELOPMENT, LLC,
and INSITE HOSPITALITY, LLC
Owner(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MECHANICS LIEN NO. 2009-1899
AFFIDAVIT OF SERVICE
Attached hereto is a true and correct copy of the Sheriff's Return of Service of the Notice
of Mechanics' Lien Claim and Mechanics' Lien Claim which was served upon the above-
referenced property owner on April 6, 2009.
RHOADS &
By:
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Claimant
738926.1
Sheriffs Office of Cumberland County
R Thomas Kline r of C1t+nLrr,( Edward L Schorpp
Sheri Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy o? cE ter'S"tERIVV Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/06/2009 04:59 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 200E
at 1659 hours, he served a true copy of the within Mechanics' Lien Claim upon the within named
defendant, to wit: Insite Development, LLC by making known unto Donald Erwin, President of Company,
at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the
same time handing to him, personally the said true and correct copy of the same.
04/06/2009 04:59 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 200E
at 1659 hours, he served a true copy of the within Mechanics' Lien Claim upon the within named
defendant, to wit: Insite Hospitality, LLC by making known unto Donald Erwin, President of Company, at
1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $55.22 SO ANS RS,
r `
April 07, 2009 R THOMAS KLINE, SHERIFF
Dep y Sh;AfN/
Docket No. 2009-1899
Conewago Enterprises v Insite Development
CERTIFICATE OF SERVICE
I hereby certify that on April 10, 2009, a true and correct copy of the Affidavit of Service
was served by means of United States mail, first class, postage prepaid, upon the following:
Donald Erwin, President
Insite Development, LLC
Insite Hospitality, LL C
1943 Monterey Drive
Mechanicsburg, PA 17055
Lynne . Ritter
RLEO- '? (cam
OF THE PROTHONOTARY
2009 APR 14 Ate 10* 51
CW " ?'JUNTY
'Ea INS + IUVA. ivE