HomeMy WebLinkAbout09-2844' & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
v.
INSITE DEVELOPMENT, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
:NO. c)j - 0'(8yq Civil TerOs
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R & R PLASTER & DRYWALL CO., : IN THE COURT OF COMMON PLEAS OF
INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : CIVIL ACTION-LAW
INSITE DEVELOPMENT, LLC, :NO. Oct- S `?Y etU"
Defendant
COMPLAINT
AND NOW comes Plaintiff, by and through its undersigned attorneys, and files this
Complaint, and in support thereof, avers as follows:
1. Plaintiff is R&R Plaster & Drywall Co., Inc. ("R&R" ), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, with offices located at 325
Eastern Drive, Harrisburg, Pennsylvania.
2. Defendant is Insite Development, LLC ("Insite"), a limited liability company
organized and existing under the laws of the Commonwealth of Pennsylvania, with offices
located at 1943 Monterey Drive, Mechanicsburg, Pennsylvania.
3. Insite owns real estate located at 2055 Technology Parkway, Hampden Township,
Cumberland County, Pennsylvania, on which Insite has caused to be constructed a new Comfort
Suites hotel (the "Project"). On or about March 7, 2008, Insite and R&R agreed, in writing, that
R&R would furnish and install an exterior/interior finish system (EIFS) on the Project, in return
for which Insite agreed to pay R&R the sum of $356,950.00. A true and correct copy of the
aforesaid contract is hereto attached marked as Exhibit A.
4. The aforesaid contract established a date for commencement of R&R's work of June
1, 2008, and provided R&R with 180 days from that date in which to complete its work. Due to
the fact that Insite did not have the Project ready for R&R, its work could not actually begin until
late September, 2008. Furthermore, even after R&R began, Insite's failure to coordinate and to
require preceding contractors to properly install their work further delayed R&R in its
prosecution of the contract. Nonetheless, R&R provided timely labor and materials under the
circumstances imposed upon it by Insite and R&R completed its work, including all punch list
items, on April 27, 2009.
5. Additionally, during the course of construction, Insite directed R&R to make certain
changes and to perform additional work, all as specified in quotations from R&R to Insite which
are hereto attached marked collectively as Exhibit B. The fair and reasonable value of the
additional work performed by R&R is $26,816.00.
6. R&R satisfied all conditions precedent and otherwise performed all obligations on its
part to be performed. Alternatively, Insite accepted all work performed by R&R and/or did not
provide notice of any deficiency item as defined by the Contractor and Subcontractor Payment
Act, 73 Pa.Stat.Ann. §501 et seq. ("CASPA").
1. COUNT ONE-ACTION FOR BREACH OF CONTRACT
7. The averments of Paragraphs 1 through 6 of this Complaint are hereby adopted by
reference and incorporated herein.
8. Beginning with R&R's monthly progress invoice dated January 29, 2009, Insite has
failed to pay any of R&R's invoices for the Project. The invoices which Insite has refused to pay
are R&R's January, 2009 invoice, in the amount of $42,093.00; R&R's February, 2009 invoice,
in the amount of $26,960.00; and R&R's April, 2009 final invoice for retainage, in the amount of
$38,376.00. The total unpaid balance is $107,429.00. True and correct copies of the aforesaid
invoices are hereto attached marked collectively as Exhibit C.
2
9. Insite's failure to make payment of the invoices constitutes a material breach of its
duty to pay pursuant to Article 5 of the contract.
10. The amount demanded exceeds the maximum for submission to compulsory
arbitration.
WHEREFORE, R&R demands judgment in its favor and against Insite, in the principal
amount of $107,429.00, plus such prejudgment interest and costs as are recoverable.
II. COUNT TWO-QUANTUM MERUIT
11. The averments of Paragraphs 1 through 10 of this Complaint are hereby adopted by
reference and incorporated herein. This Count is filed in the alternative, in whole and/or in part,
to Count One, supra.
12. The fair and reasonable value of the labor and materials provided by R&R for which
payment has not been received is $107,429.00. It would be unjust for Insite to be permitted to
retain the value of said labor and materials without paying therefor.
WHEREFORE, R&R demands judgment in its favor and against Insite, in the principal
amount of $107,429.00, plus such prejudgment interest and costs as are recoverable.
III. COUNT THREE-ACTION FOR CASPA REMEDIES
13. The averments of Paragraphs 1 through 12 of this Complaint are hereby adopted by
reference and incorporated herein. This Count is filed to obtain the additional remedies available
under CASPA as a result of payments not being made as required by CASPA.
3
14. Insite's failure to pay the progress payment invoices violates Insite's payment
obligation under 73 Pa.Stat.Ann. §505(a), which requires an owner to pay "strictly in accordance
with terms of the construction contract."
15. Insite's failure to pay the retainage invoice violates Insite's payment obligation under
73 Pa.Stat.Ann. §509(a), which requires an owner to pay retainage within 30 days after final
acceptance of the work.
WHEREFORE, R&R demands judgment in its favor and against Insite, in the principal
amount of $107,429.00; plus prejudgment interest at the rate of 1% per month pursuant to 73
Pa.Stat.Ann. §505(d); plus penalties and attorneys' fees and expenses pursuant to 73
Pa.Stat.Ann. §512; plus such other items as are recoverable.
Dated: '31v to V
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
Thomas A. Beckley
Jo ??Cmilakovic
Attorneys for Plaintiff
4
VERIFICATION
I, Eric A. Hershey, hereby verify that I am an adult individual; that I am authorized to
make this verification in behalf of R&R Plaster & Drywall Co., Inc., the Plaintiff in the
foregoing Complaint; and that the facts set forth therein are true to the best of my knowledge,
information, and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Dated: y ? Z b 0 °r
Eric A. Hers , Vice President Finance
II ` - /4
Document A101 TM - 2007
SAIA
Standard Form of Agreement Between Owner snd Contractor
where the basis of payment is a Stipulated Sum
AGREEMENT made as of the 7th day of March
(In words, k4cate day. gwnd and year)
BETWEEN the Owner:
(Name, address and other information)
in the year 2008
ADOMN6 AND DEi.ETICNE:
The authhor of this doeuxnent hem
added information needed for he
cornptstiom The author may 1100
have wised the laid of the OrlpinW
AIA standard font. Ark Adddow arid
Dofadans Report that not00 added
information as wed a wAstons to
the standard form tend i1 wellabls
from @1e affiat eftd should be
reviewed A vertical lute in ft *4
margin of this dodrment Indleates
where the aL*w has added
neesuary Information and where
the author has added 10. or deleted
tram the original A1A WXL
This doament has Important legal
corwqusnow Consultation with an
attorney is oneouraged with respect
to fb completion or moditsibm
Insite Development - Don Erwin
1943 Monterey Drive
Mechanicsburg, PA 17050
and the Contractor
(Name, address cad odw information)
R & R Plaster 6 Drywall CO., Inc.
325 Eastern Drive
Harrisburg, PA '17111
for the foUowing Project;
(Name, location, and detailed deseripdm)
Comfort Suites
Mechanicsburg, PA
The ArcBim=
(Name, address and outer Worm don)
MWT Architecture, P.C.
520 Collins Aikman Dr. Suite 200
Charlotte, NC 28252
Phone 704 947-9772 Pax 704 595-1725
Tae Owner and Comwttar agree as folbws.
AIA Document A2017"-,M.
Gomm conditions of the Canard
tar conidmuon, is sdOptad In this
dom merit by rek?anca Do not use
with other general condglons unless
tt1i6 document Is modified.
Inlf. AUL Deeuaxrn AMM -2007, COpyrlght 0 1915- 1910, 190, 1907, 1? 19M '19611 1966, 1967,1974,1977,1967,1901, 1997 and 2117 birThe
Arm6mn ftft a of ArchIS0111. Al Irta rlaereed. WAMUN01: This AIA DeeWnerd it pr0180 by U-& tbpyr11h1 Law artd InWr4dionet Tr"VW
Unsu port" re0rcdua ton or dlstr%Won of fhb A10 Doournerik or airy Parton of 14 may result In severe loth Md WI Nml pwW Ws, and will be
! pre"cumd tothe mwdmum eXient posaible under the lee. This docurnant *u produced by ALA so0wme in 10:21i 37 on 0311441006 under Order
No.11MM317 1 which eolW= on 11115/2006, and Is not for reseie. (267046104
User Nmew. -
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF TH16 CONTRACT
3 DATE OF COMMEWEMENT AND SLWTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
e MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Cot, - Documents consist of this ASreemmt, Ca uWons of the Conn= (Geneal, Supplemoatury and other
Conditioaa), Drawings, specifications, Addenda issued p tar to execatioa of this Ag meom , other documents listed
in dga Agreement and Modifications issued after mention of this Ag menLM all of which form the, C=Umt, and
are as fully a past of the Contract as ff attached to this Apemen or repeased herein. rm Contract represent the
cache mad 9nttsgrated agreement between the patties ham and supersedes prior negotiadons, representadons or
&Fwmwts, either written or oral. An enumeration of the CDat>raet Document,<, other than a Modificatiao, appears in
Article 9,
ARTICLE 2 THE WORK OF THIS CONTRACT
The Com wtor shO Tally em=to rite Wary described in the Contract Doenmem except as specifically indicated in
the Contract Docummts to be she responsibility of others. See Exhibit A (our scope of work) attached.
ARTICLE 3 DATE OF COMMENCEMENT AND SUMANTIAL COMPLETION
13.1 The date of comuheaccment of the Woods shall be the date of this Agreement unless a different date is stared
below or provision is merle for the date to be fixed in a notice to proceed issued by the Owner.
(insert the dare of commencamnt if it difflers from the dare of this Agreement or, if applicable, state that du date
will be fired in a notice ?o proceed) June 1 t 2008
if, prior to the conmmeaeement of the Wort, the Owner requires time to file wARtgagas and other security interests,
the Owner's time requirement stall be as follows:
§ 3..2 The Comtraa Time shall be measured fs+Qm the data of commencement-
§ 3.3 The Contractor shall achieve Substantial Completion of the entke Work not later than (180) days from the
date of coa>mcmon=4 Of as follows:
(Insert number of calendar days Aitemarively, a calendar date may be used when coordinated with the date of
commencement. if appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work)
IniL AIA Dom mend AWN -2007. COPWI§ht a 1915, 1916, 1975,1097, 19M, 1958, 1961, 10W 1907.1974, IM 1007,101.1907 end 2007 by The
Amedmn Insure of Amhtm m. AN rlgKi reserved WAANWG: This AIA DomnWd Is WDbWd by U.S. Copirrlght Lew OW Intemeaethd TwOm 2
Unavthorimd repreduet em or dlsWbugen of 1Ms ANA' Dootmmik W Wq pin of h, mey res A in aevem om6 ens armlet Peneiges, ctrl wW be
/ Proeearled to the mncw+wm extent possible rxrds, the low. TAIs document was rxo*A+d by AIA sonwere et 10:31 S7 on 03f04=W vndw Order
N9.1000SM317_1 which &Vm an 11/1 WOO, and Is not Nor resale. (2870+61 W2)
veer Notes:
Potion of Work Substantial Completlon Date January 17, 2009
. subject to adj.=Sou of this Comasct Time as provided in the Contract Doeamel>n.
(Insertprvvuiont, (f any, for bqddamd dainaaes relatbW tofafM to achieve S CotnpletYmt on tires otfor
bonus payr untr for early compktion of the Work)
MA
ARTICLE 4 CONTRACT SLJN
14.1 The Oauer shall pay the Conmor the Contract Stu: in cm7m fftnds fm the Conuwmes petfoa;manca of the
C user. The Comaact,Smm shall be *gtxm ar0red )?fifty Six strand Nirfe? 356,950.OD
subject m addidnns and daluctioms as provided in the Coutmect Dommenm I'?Y
4.2 The Coact Stns is based upon the fd owing altetnatea. if any, which are destasbed in the Contract
Documents ad AM btt 6y accepted by dw Owner.
(State the nwnbers or other ide gftaden of accepted all ma eL I the bidding or proposal doetaaettts pentft the
owner m accept odor alternates sub cequ m to the execution of dhi: AareernM4 aanelt A sehedWe df such other
alternate: showing the amoa nt for each and the date when that amowit a Wb=)
14.3 Unit priM if any: to which the unit price wiU be applkable.)
(Ident(fy and state the mKitFriee; state qud"nty l m'wdl=. ?f?
Item ILIA Unit: and Lb *xWns Pried Per Unit
§ 4A Allawamces included in the Contract S=a. if say.
(Nett fy allowm er and :tare achuiorm f airy, front du 499 'acePT1ed-)
Itenf NA Prue
ARTICLE 5 PAYMMIS
15.1 PRWRES9 PAYMENTS the Contractor and Ccrdlkmm ft
9 LM Based upon Applications for psymem snbmitt to the Axcbk= by
Paymfmt hinted by the Architect, the Owtr owz=a shall maM lot ptMess paymemds an accoft>it of the Comm Sims to the
Contractor an provided below and e)sewbem in the Cmcmt Doctmventa.
4 51.2 Tito paced covered by eerb Application for Payment shall be, time caleadar menth ending on the las day of
the ro n & or as follows:
§ 5.1.3 Provided that an App&atian far Payment is received by the Arrbitect not laxs dm the la tidaay of a month,
the Owns shall taste payment of the catMed &mom to the Contractor not luac than tba $ltbky Of the same
month. If an Application for Payment is received by the Architect afar the application dace fated above, psYmm
shall be made by the Owm not I= dm ( 20 ) days sfaer the Architect receives the Application fm' Psymfmt.
AU Deoumanl A701*W-4!107. CoppW 01913.101% 1925.1997.7061+ 1964 10t11,19q,1967.197AO 1!177. W7.1901,13U N 02UN q Irm
1t1iL Amedan kw& is of ArdlNem An ApMS starved. WAFWMiG+ Tres Aix Demwwd is pree.ofsd by U.s. coprW ?a sId kmneaaofnt Tfa8900.
unstithorbew repraduclon or dor bufren d ittis NA Deeu01e114 Or NOW P0rgm1 of % WAY 1?t d 10:31 a en be
J P? to tm moxknmf axwo Pmkb under 1e,e law. This dacurtle?R was D by No.1 !+00029917 1 vrtid+ a)*Vm on 11/101 OO, and Is not for Reek- 070461042)
flier Here:..
(Federal, srate or local laws may require payment within a certain period of time-)
15.1.4 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 AJOC a the cadre Conaact
Sum artioag the various portions of the Work The schetdtle.af values shall be prepared in such foldn and suppaated
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 Contraewe 3 Applications for Payment.
§ 5.1.5 Applications for Payment shall show the percentage of completion of cub portion of tie Work as of the ed
of the period covered by the Application for Payment.
J 5.1.6 Subject to other provisions of the Contract Documents, the amount of each PrOPM payment shall be
computed as follows.
.1 Take that portion of the Contract Son properly allocable to completed Work as determined by
muinplying the percentage completions of each pardon of die Work by the share of the Contact Sum
allocated to that portion of the Work in the schedule of valum less retamage of Ten % (10W ).
Pending !guns determination of cost to the Owner of changes in the Work, s moan not to dispute
shall be included as provided in Section 7.3.9 of AIA Document A2011w-2W7. General Conditions
of the Conant for Conswx tion;
.2 Add that ponian of the Cowact Sum properly allocable to materials and equipment delivered and
suitably gored at the site for subseciucat incorporation in the completed construction (or; if approved
in advance by the Owner. suitably storod off the site at a location agreed upon in writing), less
ntainage of Ton % ( 1N);
.3 Subaaot the nggmgate of previous payments made by the Owner, and
A Subu=amounts, if air, for which the Arcbitect bas widhheld or nu i5al a Ce:d&ate for Payment
as provided in Section 9.5 of AIA Document A201-2007.
§ 5.1.7 The progress payment amount Beta endued in accordance with Section 5.1.6 shall be further modified under
die following dw+*+tancer
.1 Add, upon Substandal Completion of the Work, a sum sufficient to increase die total payments to the
full amount of the Contrset Sum, less such amounts as the Architect shalt determine for incomplete
Wodr, retainage applicable m such work and ansealed claims; and
(Section 9.8.5 of AM Document A201-2007 regidns release of applicable retainage upon
Substantial Completion of Wont with consent of surrey, if any.)
.2 Add, if Seal completion of the Work is themd1er materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document
A201-2007.
§ W.ll Reduction or limitation of retataage, if any, shall be as follows:
(If it is intended prior to Salutoniial Completion of the entire Work to reduce or limit the retainage resulting Jkom
the percentages inserted in Sectfons 5.1.6.1 surd 3.1.6.1 above, and this is not explanred elsewhere in the Con&w
Documents, insert hen provisions for such reducdon or limitation. )
Retainage is reduced to 5% once 50% of the work is complete.
§ 5.1.9 Except with the Owner's prior approval. the Caoatmctor shall not male advance payments to suppliers for
rnatcrials or equipment which have not been delivered and stored at the site.
? 5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Stem, sisal! be made by the Owner to the
Contractor when
.1 the Contractor has fnUy performed the Conuact except for the Contracmi s responsibility to collect
Wort as provided in Seed on 12.2.,_) of AIA Docutnent A201-2007. and to satisfy other requirements,
if any, which extend beyond final payment; and
.2 a final Certificate for Payment bas beep issued by the Architect.
AIA uocu-no A101^r-SM7. Copyright 01815, le%, inS,1037, 1951 1958, 11181, t98?. ta87,1874, 7077, 19a7,1pp1,1aa7 and 2007 nyThs
IML American krlhds d Ard+i WM. A I rights rseslved. WAt1NIM This AIAd DoasneM Is prslrrclsd Dy UA- txpyrtgirr tar end IrtlsenMlorW Trssties. q
Unnihoras 'reproduction or disU bubon Of Ws ALe DOOUrswR er MY pudiOn of It mry Mull In severe etva mid Min" pene1011% Ind wM he
/ prossoWSd to the meeim m extent potstbte under re 1sw. ThIs for rssde?ment was produced by AIA soraware at 10:31,47 on M4=011 Urdu Ordat
W9.1050323317 7 which expires of 11n MM, and is not (28704s1oaz)
user wows: -
§ 5.2.2 The Owner's final payment to the Contractor shall be made no lacer than 30 days after the Was= of the
Arcbiwm's fuW Cerdficcate for Payment, or as follows:
ARTICLE I DISPUTE RESOLUTION
16,1 MAL DECISION MAKER
The Arahinect will sem ae Initial Decision Maker pursuant to Section 151 of AIA Document A201-2007, unless
the pardn appoint below atlodw individual, not a petty to this Apretmrent, to serve as Initial Decision Male r.
(If the parties mutz*ally agree, assert she name, address and other contact itybroutdon of die Initial Derision Maker,
if other than the Architect.)
NA
§ 6.2 BHOM DISPUTE RESOLUTION
For any Claim subject to, but not resolved by, mediation porsaant to Section 153 of AIA Document A201-2007, the
method of binding dispute msolutioat sb&U be as follows:
(Check the o"Poprfate boa: If the Owner and Conrmcis r do not select a method of bittdntg dispute resolution
below. or do not subuquettli'agree in writing to a binding depute resolution method other dime litigation. CWma
will be resolved by litigation in a eourt of compeow juiladietfon.)
[ ] Arbitration pursuant to Section 15A of AIA Document A201-2007
[ ] Litigation is a court of competent jurisdiction
[ 1 otber (spec;yY)
ARTICLE 7 TERMINATION OR 31,13PENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A201-2007. NA
17.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Documen t A201-2007.
ARTICLE a MISCELLANEOUS PROVISIONS
§ 8.1 Where aefinence is made in this Agreement to a provision of AIA Document A201-2007 or anoWcr Conn=
Document, the reference refen to that provision as amended or supplemented by other provisions of the Contract
Documents. NA
§ 82 Payments due and unpaid under the Contract shrill bear interest from the data payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevaiffitg from time to time at the place wbere the Project is
located
(insert bate of interest agreed upon, if any.)
§ 8.3 The Owner's representative:
(Name, address and other information)
Gene Bushyeager
Abeco, Inc_
PO Box 265
Clarion, PA 16214
ALA Doeunhettt A1017v - 2007. Copvrioht 01915. 1910, 1925,1997,1951.1958,1961.190& 19N1,1974, 1971.1987,1991, 1997 and 2007 by The
Ink Amencon lnitlada of Ard*wts. Ab ri0hta reser%vd. wARNeNC: This AMP Dommw t in proleded by U.& ?py?Oht Law and trdrnsford Trwks. S
Unautherhsd reproaugson or dhW1bu*m of We A10 Doctenen% or any potion at a, moll result in arrerv vir0 rd aimk* penalties, DIM wd8 be
/ prosesuiod le the rnmebm n exlent pon$" Indr the law. Thu dwumern was proeueed by A1A s*WT d 10:31 V on t18A420M under order
No.1 00032991 1 which expires on 11/1512000, and is not for read.
useytl0fes: (20701atOt2) --
1 8.4 The Conuxcinr's representative:
(Name, address and other Wormation)
Ron Johns
R & R Plaster & Drywall CO.r Inc.
325 Eastern Drive
Harrisburg, PA 17111
18.6 Neither the Owner's nor the Contractor' 6 represmtatiye shall be changed without ten days written nodca to the
other party.
§ &S Other ptovisioos:
ARTICLE 9 ELI WERATION OF CONTRACT DOM MEWS
19.1 The Contract Docnm m, exoopt far Mod ons issued after execudam of tt is AgxeeUMM are enumerated in
the sectiom below.
§ 9.1.1 Mn Agttiemeut is this aKewtted ALA Document A101-2007. Standard Parm of Agreement Betw=n Owner
and Contractor.
§ 9.1.2 The General CGatd dMS arc ALA Doaumetu A201-2007.Ommal Conditions of the Contract for
Constnietion. NA
§ 0.1.3 The Supplementary and other Conditions of the Contra=
Document Title Mate Peon
§ 9.1 A The Specifications:
(Either list the SpwCOtions pert or refer to an =Wit attached to this Agreement)
Title at Specfficatiom tcthbit: .
NA - See Exhibit A
(Table deleted)
10.1 J The Diawiags:
(,Bather list the Drawings hen or refer to an exhair attothed to this Agreement.)
Tide of Drawings exhibit: gee Exhibit A
(Table deleted)
AIA DoounWM A1011W -=a07. Copyright O 1916, 1919, 1951 1966. 1961, 1063, 1967, 1974, 19r7,1967.1 W. 1197 srd 2007 by The
Init. American ft tub of Arch this. AN rl9ide tesarm& WARNINi: This MW Dec-Mt Is prnMOlb by Ua COYy62M Lim erd InlenlaMonsl Tram". 6
Unauthertied reprawcoon Or dtato"en of this A10 noewnerd, air any pp No of % nuY rm^ in some NO =W erimhtal p- I m, said wW be
proncrlod io Vo madmuom mieM possibts undo ito law. This deco nsnt was produced by ALA soften at 10:11:57 on 0344=06 undw Order
No.1000 miz 1 which sw0res on 11/1 SMM. end Is nol for nsMs. (24704610421 _
User Notes= .
1 9.1.8 Tice Addenda, if any
Number
ode
Pages
Portions of Addenda relating to bidding regerirsawnts we not part of the Contract Documents Unless the bidding
tequire=ts are also enumerated In this Article 9.
§ 9.1.7 Additional documents, if any. forming part of the Contract Docu=='-
AIA Document E201TOIL-2007, Digital Data Pnowcol Exhibit, if completed by the parties, or the
following
NA
.2 Od= documents, if any, listed below:
(List here dny addidonal documents dw are intended to form part of the Contract Docurttcnts. AM
Documerd A201-2007 provides that bidding requirements such as adverhimmont or invitation to bid,
Instructions to Bidden, sample form and the Contractor's bid arc not part of the Contract
Domaunts unless enumerated fn dais Agresnrent. They should be listed lien only if fntereded to be
pars of the Contract Documents.)
NA
ARTICLE 1o NWRANCEAND BON0S
ne ConML-tar shall purchase and maintain iaataranoe and provide bonds as set forth in Article 1 t of AIA Document
A201 2007. NA
(State bonding nquireraemts, yany, and timfu of liability for insurance required in Article II ofAlA Document
A201-2007.) NA
Type of inai raecs or bond Lhn1t of MbWRy or bond sstourd (i OM)
,Us Agreement entered into as of the day and year first wAm above.
R & R Plaster & Drywall Co.t Inc.
CONMCID s4noture)
(Prfnted a(Prvtr amnd_a o'? )
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VAM, and Is not for MWO. (78704810 21
"EXHIBIT A "
R e& R PLASTER AND DRYWALL CO., INC
MAIN OFFICE: XX STATE COLLEGE OFFICE
325 Fasoarn drive 360 Rolling Ridge Drive
HarrisbsM Pa. 11111 Be6efonte, PA 16323
(717) 561-2607 (314) 357-9130
Fs: (717) 561.8754 Fax (814) 337-9183
JOB ESTIMATE
To: lasite Development Job Name: Comfort Suites
Attn: Dos Erwin Address: Mechanicsburg, Pa.
Estimator: Monte
Bid Date: 2/20M
Addendum:
Job Description: beavy mob to 3' above fie' color change indiesi" & easkin of ENS &
wisdsw beads, ?
Clucheding floor joints, termiuadon 4 metal roofs, xnppee Pftimmul, vet eontral 1otab (Inside
corners only room & corridor windows above Id now, a ums caps to FJM di bead of cobmws to
IM). _'= No eaulkins @ penetrations other than scuppers sueb as sips, pipes, etc.. No caufluag of
1" floor wladows & dams. Four (4) columns d Porte Coc*ere are to be in a square shape.
Base Bid Pricy. SW6,9S0 (Three hundred $B, six thousand nine hundred fifty dollars)
Standard Exclusions: layout, plywood, demo, beat and/or weather protection, temporary power di
.rater, wood or metal blocking, csnikWt flasklog, dampster, shop drawings, e111011eerin6, permits,
bond.
"' Based on drawings: 2/02MS tints and/or drawings
Note: Bid wilt be mull and void if not accepted within 30 days. Any chsages in specs, p wings
win be accepted only as a change order sad will become an extra obasge over and above the esdmau. All
areas whore work is to be performed are to be cleaned and accessible to allow us a contimud sequence of
Wont, Work Vall be performed ding normal woddog hours unless od )K%?ise noted
Bid is conditioned upon mutually acceptable subcontract teams being negotiated.
Acoustical Ceilings
Dryvit Systems Drywall Systems
Plastering Demountable partitions
Ex H.6• f 'S
R & R PIAST Z & DRYWALL CO., INC,
325 Eastern Drive O Harrisburg, Pennsylvania 17111
Phones: (717) 561.2607 561-2608 Fax: (717) 561-8754
May 8, 2008
Don Irwin
Insite Development
RE: Comfort Suites
Mechanicsburg, P4
Dear Don,
DRYVIT SYSTEMS
DRYWALL SYSTEMS
PLASTERING
DEMOUNTABLE PARTITIONS
ACOUSTICAL CEILINGS
Per our conversation of 5-7-08 the following changes are to be made to the 2-8-08
drawing elevations.
1. Move the band indicated between the first and second floor to the second floor
line.
2. Add floor band at the fourth floor line.
3. Eliminate the vertical color changes.
4. Make the upper band at the canopy Red Clay, canopy fascia Southern Tan, and
the canopy columns Sunset Yellow.
There are to be no bands at the first and third floors. The band at the second and
fourth floor lines are to be Super White, the remaining colors are to be per your e-
mail of 3-27-08.
If you disagree with any of the above please inform us by 5-19-08.
We also need to know if the base colors are to be Quartzputz finish and the
bands Sandblast finish which is usually typical.
The only additional information required is clarification of the color scheme and
any changes to the sign tower.
We do need to nave access to the rough openings before window installation to
wrap our NT System. Please notify us when the exterior sheathing has been
installed to allow us sufficient time for this work.
Enclosed is the additional cost for the fourth floor band.
Add for fourth floor band - ADD: $4,416.00
Sincerely,
Monte Morris
Oct, 7. 2008 9:23AM
R & R PLASTER & DRYWALL CO., INC.
325 Eastern Drive • Harrlsburg Pennsylvania 17111
n Phones: (717) 561.2607 561.2608 Fax: (717) 561.8754
October 7, 2008
Don Erwin
Insite Development
1943 Monterey Drive
Mechanicsburg, PA 17050
RE: Comfort Suites
Mechanicsburg, PA
Dear Don,
No. 5472 P. 2
DRYVIT SYSTEMS
DRYWALL SYSTEMS
PLASTEI NG
DEMOUNTABLE PARTITIOm
ACOUSTICAL CEILINGS
Following is the additional cost for parapet and Penthouse changes, Trim at the
parapet is to remain 3' 3" high with base layer of 1 %" malting up the increase in height,
Additional footage of the 3' 3" band as indicated by the elevations is included. The
Penthouse is to run from column line H around to column line 8 and have a trim band
and color change at the top of wall. 2" deep vertical bands are to be installed to cover
the steel that projects past the face of wall per our discussion and are to have horizontal
change in color to match those of each floor. The colors and (2) bands are to remain the
same as in our previous add quote for the 41h floor band of 5/8/08.
ADD: $22,400.00 (Twenty Two Thousand Pour Hundred Dollars)
Total add including our quote of 5/8/08 would be.
ADD; $26,816.00 (Twenty Six Thousand Eight Hundred Sixteen Dollars)
Sincerely,
Monte Morris
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OF VE PROTH TARP
2084 MAY -7 Ali 8: 26
PLANN-VAINIA
4qS. So PO MY
Cie-IF 156 a
er* aaosl
Sheriffs Office of Cumberland County
R Thomas Kline COX," r of cumbpr4 4 Edward L Schorpp
Sheri { +? Solicitor
'ff
Ronny R Anderson='t Jody S Smith
Chief Deputy OFFICE of THE ShIERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/14/2009 07:45 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 14,
2009 at 1945 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Insite Development, LLC, by making known unto Donald Erwin, owner 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: $39.24
SO
?. arras.°F*.R?'7E','..•-,:.. ? _t '`y
May 15, 2009
2009-2844
R&R Plaster v Insite Development
R THOMAS KLINE HE IFF
De ty Sheriff
--4
?
1
U I ^?
R & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
V.
INSITE DEVELOPMENT, LLC,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 09-2844 Civil Term
PRAECIPE
Enter judgment in favor of Plaintiff and against Defendant above-named, for failure of
Defendant to file an answer to Plaintiff's Complaint within twenty (20) days after service
thereof, or otherwise to plead in response thereto. Assess Plaintiff's damages as follows:
Principal Debt $107,429.00
Interest (per 73 P.S. §505) 2,707.01
Penalties (per 73 P.S. §512) 2,707.01
Attorneys fees (per 73 P.S. §512) 5,154.30
Real Debt
$117,997.32
It is hereby certified that a written notice of intent to enter a default judgment (a copy of
which is hereto attached) was mailed to the Defendant at least ten (10) days prior to the filing of
this Praecipe and after default occurred.
Dated: ? /l (c l!.'?
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
&4A
Thomas A. Beckley
Jo . Milakovic
Attorneys for Plaintiff
`YI
R & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
V.
INSITE DEVELOPMENT, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 09-2844 Civil Term
To: Insite Development, LLC, 1943 Monterey Drive, Mechanicsburg, PA 17050 (Defendant)
Date of Notice: June 4, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
ohn G. Milakovic
BECKLEY & MADDEN
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
Attorneys for Plaintiff
CERTIFICATE OF RESIDENCES
It is hereby certified that the last known residences of the parties are as follows:
PLAINTIFF/CREDITOR
R & R Plaster & Drywall Co., Inc.
325 Eastern Drive
Harrisburg, PA 17111
DEFENDANUDEBTOR
Insite Development, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
Dated: ?' ll W07
J G. Milakovic
CERTIFICATE OF SERVICE
It is hereby certified that a copy of the foregoing document was this day served upon the
following persons in the manner below indicated.
FIRST CLASS MAIL
Insite Development, LLC
1943 Monterey Drive .
Mechanicsburg, PA 17050
Dated: ??Oq
J G. Milakovic
OF TH
2009 Nil 17 Ali I I: 46
C, M' I , ;,- ' 1111'1'y
Vl,1. av -r :. A!-
(2K=' tA406
R & R PLASTER & DRYWALL CO. INC. : IN T11 E COURT OF COMMON PLEAS
P 1,11 n t if f : CUMBER I ND COJNTY , PENNSYLVANIA
vs.
CIVIL ACTION - LAW
INSITE DEVELOPMENT, LLC,
De f e nd a n t No. 09-2844 Civil Term
To Insite Development, LLC Defendant(s)
You are hereby notified that on June 17
2009 . the following
Judgment lias been entered against you in the above-
captioned case.
In favor of Plaintiff and against Defendant in the
amount of $117,997.32.
DATE: Jame 17, 2009
F tho
I hereby certify that t1,e name and address of the
proper person(s) to receive this notice is:
Insite Development, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
A Insite Development, LLC Defendido/a
Defendidos/as
Por este memo se le esta notificando que el 17th
de June d e 1 2009 el/la siguiente
'"T (Fallo ha sido anotado en contra
suya en el caso mencionado en el epigrafe.
F fx' I IA : June 17, 2009
I'rotonotario
Certifico que la si.giiiente direction es la del
defendido/a segun iirdicada en el certificado de
residencia:
Insite Development,.LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
Abogado del Demandante
R & R PLASTER & DRYWALL CO., : IN THE COURT OF COMMON PLEAS OF
INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : CIVIL ACTION-LAW
INSITE DEVELOPMENT, LLC, : NO. 09-2844 Civil Term
Defendant
JUDGMENT
AND NOW, this /Aay ofJLLt)E_, AW? , judgment is hereby entered in favor of
Plaintiff, R&R Plaster & Drywall Co., Inc., and against Defendant, Insite Development, LLC, in
the amount of $117,997.32.
OTH TAR
By:
Deputy
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy ! G i
Jody S Smith
Civil Process Sergeant OFFICE OF T"r E"EPIFF
Edward L Schorpp
Solicitor
R & R Plaster & Drywall Co., Inc.
Case Number
vs. 2009-2844
Insite Development, LLC
SHERIFF'S RETURN OF SERVICE
07/08/2009 03:14 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2009
at 1514 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the
within named defendant, to wit: Insite Development, LLC, in the hands, possession, or control of the
within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania 17015, by handing to Julie Swanger, Assistant Branch Manager, personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
The writ of execution and notice to defendant was picked up by the defendant on July 8, 2009 at the
Cumberland County Sheriffs Office.
So Answers,
R. homas Kline, Sheriff
By
::22JZ
De ty She i ft"
t-) Cr?j
=
o
° -rt
C
w.,ry `T's
?'
rn
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA
CIVIL. DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
R & R PLASTER & DRYWALL CO., INC. ,
Plaintiff
V.
INSITE DEVELOPMENT, LLC,
Defendant
: ? Confessed Judgment
[R Other
File No. nA_
2844_jC13..z21
Amount Due $ i?g '_32
Interest
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Q irnl)er11.md
County, for debt, interest and costs, upon the following described property of the defendant (s)
All nrnr,ori-?r in rlc of ('ami el,,y gtt?r,,,o1, in
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of C5 tmherl and County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis pend ainst real estate of the
defendant(s) described in the attached exhibit. -?
Date_ T_?,, .99 9nog Signature:
Print Name: _ . oh f M11 akay! c
Address: 21N ._3r_ d St-, P-0. Box 11998
Harrisburg, PA 17108
Attorney for: Plaintiff
Telephone: (717)-23.3-7691
Supreme Court ID No: 34843
ALED-CCf
OF THE P CTI-}OMIT Y
2009 JUN 30 AM 10: 22
1 tvb*"- _, C 1 iii`
s ?. y. so p d a ck it IYH
/- 1--730
? Sus?uc?c?l?na aa..,k
1 I y G i.W alwut Ba #,,,k ,6d .
Vf
-7 c? ?QS#s B!?
3
`ILl dU rr
?- _ 5o p
5Y. ?, It PL a
r ?-, ao Du-t 6o-
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-2844 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due R & R PLASTER & DRYWALL CO., INC. Plaintiff (s)
From INSITE DEVELOPMENT, LLC
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of All property in hands of Garnishee, Susquehanna Bank
GARNISHEE(S) as follows:
Susquehanna Bank, 1196 Walnut Bottom Rd., Carlisle, PA 17015-9160
Any property Garnishee's answers to interrogatories show to be due.
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$ 117,997.32
Interest
Atty's Comm %
Atty Paid $154.24
Plaintiff Paid
Date: June 30, 2009
(Seal)
REQUESTING PARTY:
Name John G. Milakovic, Esq.
Address: 212 N. 3`d St., P.O. Box 11998, Harrisburg, PA 17108
Attorney for: Plaintiff
L.L.$.50
Due Prothy $2.00
Other Costs
is R. Long, o ary-
By:
Deputy
Telephone: (717) 233-7691
Supreme Court ID No. 34843
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
~t1«t~ at ~:uauGra^fi~r$
~w~1'~~~
Z~iO kPR i 9 ~'~ S~ ~+7
~/V,i'C,~~Lb ~i YLi~ ..lfla.~if~ i~1~~~t ~t 1 ~
f LI VV~ i LVn4 ;}
R & R Plaster & Drywall Co., Inc.
vs.
Insite Development, LLC
Case Number
2009-2844
SHERIFF'S RETURN OF SERVICE
09/25/2009 01:47 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
09-25-09 at 1345 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Insite Development, LLC., located at 2055
Technology Parkway, a/k/a 4569 Zion Drive, Mechanicsburg, Cumberland County, Pennsylvania
according to law.
09/25/2009 01:40 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
09-25-09 at 1338 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: Insite Development, LLC., by making
known unto, Don Irwin, adult in charge, at 1943 Monterey Drive, Mechanicsburg, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
12/18/2009 Property sale postponed to 3/3/2010.
02/09/2010 Property sale postponed to 4/7/2010.
04/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney John Milakovic on 4/2/10
SHERIFF COST: $1,616.81 SO ANSWERS,
April 16, 2010 RON R ANDERSON, SHERIFF
~ ~f~ ~~:~ < CD
~~ 75~>q~
~ ~yO~~D
%i C,OU?lr}SUiI9 .`';7H!:`I. 7~E'~r68'Jfj. Ii1G_
R & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
v.
INSITE DEVELOPMENT, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 09-2844 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Eric A. Hershey, Vice President, Finance, for R & R Plaster & Drywall Co., Inc., plaintiff
in the above action, sets forth as of the date the praecipe for the writ of execution was filed the
following information concerning the real property located at 2055 Technology Parkway (also
known as 4569 Mt. Zion Drive), Hampden Township, Cumberland County, Pennsylvania.
True and correct copies of the deeds containing the legal descriptions of the real property
which is the subject of this Affidavit are hereto attached.
1. Name and address of owner(s) or reputed owner(s):
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Insite Development, LLC 1943 Monterey Drive
Mechanicsburg, PA 17050
2. Name and address of defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Insite Development, LLC 1943 Monterey Drive
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Conewago Enterprises, Inc.
Abeco, Inc.
R&R Plaster & Drywall Co., Inc.
Address (if address cannot be reasonably
ascertained, please so indicate)
660 Edgegrove Road
Hanover, PA 17331
P.O. Box 265
Clarion, PA 16214
325 Eastern Drive
Harrisburg, PA 17111
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Integrity Bank
3345 Market Street
Camp Hill, PA 17011
Susquehanna Bank PA
1570 Manheim Pike
P.O. Box 3300
Lancaster, PA 17604-3300
5. Name and address of every other person who has any record lien on the property:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Cumberland County Tax Claims Bureau
1 Courthouse Square
Old Courthouse
Carlisle, PA 17013
6. Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale:
2
Name
None
Address (if address cannot be reasonably
ascertained, please so indicate)
N/A
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Plaintiff knows of none. N/A
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Dated: gvgvsf (~ , Z av ~
Eric A. He ey, Vice President, Finance
R&R Plaster & Drywall Co., Inc.
3
R & R PLASTER & DRYWALL CO., INC.: IN THE COURT OF COMMON PLEAS OF
325 Eastern Drive :CUMBERLAND COUNTY, PENNSYLVANIA
Harrisburg, PA 17111
Plaintiff
v. :CIVIL ACTION-LAW
INSITE DEVELOPMENT, LLC, : NO. 09-2844 Civil Term
1943 Monterey Drive
Mechanicsburg, PA 17050
Defendant
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
By virtue of a writ of execution issuing out of the Court of Common Pleas of Cumberland
County, Pennsylvania, at No. 09-2844 Civil Term, to me directed, there will be exposed to
public sale on December 9, 2009, at 10:00 a.m., at the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania, the premises located at 2055 Technology
Parkway (also or formerly designated as 4569 Mt. Zion Drive), Hampden Township,
Cumberland County, Pennsylvania, including and having erected thereon the Comfort
Suites hotel, consisting of a four-story building, parking garage, and adjoining parking lot, and
sitting on two parcels of real estate identified as Tax Map Numbers 10-14-0839-023 and 10-14-
0839-024, together with all appurtenances thereto, seized and taken in execution as the property
of Insite Development, LLC. The post office address of the property is Comfort Suites
Harrisburg/Mechanicsburg, 2055 Technology Parkway, Mechanicsburg, PA 17050.
All parties in interest and claimants will take notice that a schedule of distribution will be
filed on or before January 10, 2010, and that distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days thereafter.
John G. Milakovic
Beckley & Madden
212 North Third Street
Harrisburg, PA 17108
(717) 233-7691
R & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
v.
1NSITE DEVELOPMENT, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO.09-2844 Civil Term
LEGAL DESCRIPTION OF REAL PROPERTY TO BE SOLD
Lot 1:
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 2B 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 an 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 180.68 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. Meck & Anna E. Meck South 14 degrees 40 minutes 43 seconds West a
distance of 152.88 feet to a point; thence continuing along the property now or formerly Russel
C. Meck & Anna E. Meck 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 of 157.13
feet to an iron pin on the eastern right-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-of--way line of Technology
Parkway; thence continuing along the eastern right-of--way line 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 line 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-of--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 &
2B for Cumberland Technology Park, recorded in Cumberland County Plan Book 81 Page 53.
BEING THE SAME PREMISES which Mt. Zion Associates, L.P., a Pennsylvania
limited partnership, by its deed dated March 9, 2007, and recorded on March 12, 2007, in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 279 Page
396, granted and conveyed unto Insite Development, LLC, a Pennsylvania limited liability
company.
BEING Tax Parcel No. 10-14-0839-023.
Lot 2:
ALL THAT CERTAIN piece or parcel of land situate in Hampden Township,
Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan
thereof, dated October 12, 1968, prepared by Roy M.H. Benjamin, Professional Engineer, as
follows:
BEGINNING at a point in the center of Wertzville Road (State Highway Route 944),
said point being 352 feet in an easterly direction from the intersection of the center line of
Wertzville Road (State Highway Route 944). and the center line of Legislative Route 21051
extended; thence along the center line of Wertzville Road, South 74 degrees East 196 feet to a
corner of land now or late of Earle C. Radle; thence along said land, South 30 degrees 30
minutes West 462 feet to an iron pin in line of land now or late of Edward Eslinger; thence along
said land, North 74 degrees West 196 feet to a point; thence North 30 degrees 30 minutes East
462 feet to a point, the place of BEGINNING.
BEING THE SAME PREMISES which Larry Sylvester Myers and Audrey M. Myers,
his wife, by their deed dated March 9, 2007, and recorded on March 12, 2007, in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 279, Page 400,
granted and conveyed unto Insite Development, LLC.
BEING Tax Parcel No. 10-14-0839-024.
2
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-2844 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due R&R Plaster & Drywall Co., Inc. Plaintiff (s)
From Insite Development, LLC
(1) You are directed to levy upon the property of the defendant (s)and to sell see legal description .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $117,997.32
Interest
Atty's Comm
Atty Paid $194.24
Plaintiff Paid
Date: August 6, 2009
(Seal)
L.L.
Due Prothy $2.00
Other Costs
Curtis R. Long, Prothonotary ~"
By: %~ /~ /~~ ~
Deputy
REQUESTING PARTY:
Name John G. Milakovic, Esq.
Beckley & Madden
Address: 212 N. 3`d St.
P. O. Box 11998
Harrisburg, PA 17108
Attorney for: Plaintiff
Telephone: (717) 233-7691
Supreme Court ID No. 34843
Real Estate Sale #
On September 9, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as, 2055 Technology Parkway,
a/k/a 4569 Mt. Zion Drive, Mechanicsburg, more fully
described on Exhibit "A" filed with this writ and by this
reference incorporated herein.
Date: September 9, 2009
By:
~~~
C. l
Real testate Coordinator
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz•
October 23, October 30 and November 6, 2009
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~-
a Marie Coyne, E rtor
SW TO AND SUBSC BED before me this
6 da of November 200
G~ ~~
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
writ xo. zoo9-zs~ civil
R & R Plaster & Drywall, Co., Inc.
vs.
Insite Development, LLC
Atty: John Milakovic
Lot 1:
ALL THAT CERTAIN tract of land
situate in the Township of Hampden,
Cumberland County, Pennsylvania,
known as Lot 5 on the Final ReSub-
division Plans Phase 2A and 2B for
Cumberland Technology Park re-
corded in Plan Book 81 page 53 and
bounded and described as follows:
BEGINNING at an iron pin, said
point being the southeastern comer
of the intersection of Mt. Zion Road,
having a 50 foot legal right-of--way
and Technology Parkway, having
an 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 180.68 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. Meek &
Anna B. Meek South 14 degrees 40
minutes 43 seconds West a distance
of 152.88 feet to a point; thence
continuing 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 Lany S. Myers and
Audrey M. Myers; thence along said
property now or fonnerly 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 com-
mon 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 of 157.13 feet to an iron
pin on the eastern right-of-way line
of Technology Parkway; thence along
said eastern right-of-way line of Teci-
mology 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-of-way line of
Technology Pazkway; thence continu-
ing along the eastern right-of-way
line 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
line of Technology Parkway; thence
continuing along the eastern right-
of-way line of Teclmology 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 east-
ern right-of-way line of Technology
Parkway, said point being the junc-
ture 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
particulazly bounded and described
on Final Resubdivision Plans, Phase
2A 8s 2B for Cumberland Technol-
ogy Park, recorded in Cumberland
County Plan Book 81 Page 53.
BEING THE SAME PREMISES
which Mt. Zion Associates, L.P., a
Pennsylvania limited partnership, by
its deed dated March 9, 2007, and
recorded on March 12, 2007, in the
Office of the Recorder of Deeds in and
for Cumberlancl County, Pennsylva-
nia, in Book 279 Page 396, granted
and conveyed unto Insite Develop-
ment, LLC, a Pennsylvania limited
liability company.
BEING Tax Parcel No. 10-14-
0839-023.
Lot 2:
ALL THAT CERTAIN piece or paz-
cel of land situate in Hampden Town-
ship, Cumberland County, Penn-
sylvania, bounded and described in
accordance with a survey and plan
thereof, dated October 12, 1968,
prepazed by Roy M.H. $enjamin,
Professional Engineer, as follows;
BEGINNING at a point in the cen-
ter of Wertzville Road (State Highway
Route 944), said point being 352
feet in an easterly direction from
the intersection of the center line of
Wentzville Road (State Highway Route
944) and the center line of Legislative
Route 21051 extended; thence along
the center line of Wentzville Road,
South 74 degrees East 196 feet to a
corner of land now or late of Earle C.
Radle; thence along said land, South
30 degrees 30 minutes West 462 feet
to an iron pin in line of land now or
late of Edwazd Edinger; thence along
said land, North 74 degrees West
196 feet to a point; thence North 30
degrees 30 minutes East 462 feet to a
point, the place of BEGINNING.
BEING THE SAME PREMISES
which Larry Sylvester Myers and Au-
drey M. Myers, his wife, by their deed
dated March 9, 2007, and recorded
on March 12, 2007, in the Office
of the Recorder of Deeds in and for
Cumberland County, Pennsylvania,
in Book 279, Page 400, granted and
conveyed unto Insite Development,
LLC.
BEING Tax Parcel No. 10-14-
0839-024.
the Patriot-News Co.
. 812 Market St.
Harrisburg, ~A 17'101
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
the ~latriot-News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Leslie. Kramer, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
10/23/09
10/30/09
11/06/09
2009 A.D.
Notary ruouc
COMMONWEALTH OF PENNSYLVANIA
i+lotarial Seai
Sherrie L Kisner, Notary Public
City Of Hartisbur~, Dauphin County
MY Commission Expires Nov. 26, 2011
Member, Pennsylvania Association of Notaries
-~~~'rti
Mno. '
Ys
~ ~~ ~C
/-ttywJo~iS i#~too~c
Lot l: .
ALL T1lAT t:B,RTi(f.If1 tnwt of Mari ei in .
t1e lbwnstiip of Iienapdee, QumbaMgfl'~Y,
Pesttsylvamia, known as La 5 0o ibe ;Fiar1
53 sod; 6~h~ ~± as
at an i#oo pin. addpoiot be~8 ~
ed` ~k;19ct1~ of Mt.
zion Road, ~av ltd rlBi~~ M`+Y ,
.end TectiQolugyt ia~ ~~,
le;al ri~tt~,of-vr~f ,~to
rigbtt-of-raaY,li~f,.a~~~ 1},~,
of- way lips of 7Jlt. ~1qn X41! tom!
said aig6twf~r #~ ~d ~O~,~e '
new a fy,~ud,,~. ~
Meek South f4 degrces 40 ~aoo1>dds
bleat a. distance of 152.8$ feu hr a point; thence
contisuiag along the property now or formerly
~_ ,5, . -
..now or forterly ~sy 5 M,~neii ~, M
Myers; thence alop8 alttti x itaW, or
fonsealy Lay S. sal ~-.1~Y~
~d ~ a
,dianmce of 272.?5 ,` Oo ~ l~! ~ i~
being. the cnmmoA ~ tx~ fimu~y
i~ s. dyers and a»aoax, , or
f«amxly Pinnack 13ealtb tube ~,
of Iand herein described, ttr~~ lfow
ttt faumerly Pinoaccle 1.lealdt ` , $DUtb,b2
~dejtpca 20 minutes 41 k.~acce
of 157.13 feu to au iron pin oei sight-
vf;~,vay line of Teclwobgy Patlcway; tReace
crjht-0f ;way lice of
~~`")~i n arcve as the right : ,
hevl~ b' ~ 4S5 ~, aard~ a lend ~of
302.~3.$o~t toes inoo;Qyaos tba eastern rigittof:
.way i}ue of ~ T Y+ thence
opcpouing alo~tbe ea0ats rt~t-ofweY )~ae'of
Tecbitology Parkn'ay Notch 10, dpgtces 27
~~-mm~ S3 seconds Past, a distance of 205.62
fret to an lavo P~ m tltw aastero r~tt= away
line of Teclfaplo{iy >~'aYr thence canhnumg
along the eastern right=of-way liiM of
Tkclmology, Padcway a~a$ a carte to thn dgtit`
pakiag:e radius of 25:00 fleet sad a ler~ of
926 feet to ao iroort Pin o4~e a ~tt-0f-
,t4AY~~ of.Techap~ Pte'+'y.e~ pant.
bppg the ;7iaict~e of !.SPY +~
1+~. yen ~-d ~d+~~~l~ ~
~~ iA4311d11 eaNtsle iMt f2iA01 ,
ap~ratrrsatMu,
~ -~ et ,`~ >iiws
vriMie tail aYproatdet and a dMgl~its Mite
"easaapeat mines iane>aAgt rd
doac{ibe~ ao Fitt #~~ea~jl~,q !'4iro
2A & 2T} far C ' Perk;
recorded is Cl~dasd.t:vua~r piap,Raa~k 81
S3.
~4 Tlti~ $AiVI!} wbic~ Mt.
Zloa Assacietos, 1..P,, A. limited
l~i~ ~Y ~ !!fit 9,' 200,
ana recgrded oo Mtn i2, 21707, ~ ttio Oflice
of . thi Recorder of Doed< in and for
Mi conveyed unto In~te
a Pea~lve~r >united
al~~a c~.1a~4-os3~•o23.
2
n~LL.~ ~~ pi~c or ~ar«l ~ lead
situate in 0 7'bwoship, .Cut~innd
Calory, P~nsylwaaa. bouadea end.apcnibal in
acmord~ace witb a suaiey lord ~ dieieaf, dined
Qctot>a iz, .1960, by Msii.
Bepjawin; , 13p~oea, as follgeas;
1~F.(",rrIR$~f1DIG, ~,at $ point to the curter of
Vf~t~4 ).(5ta~e Fiigb~ay R4~ ~~
said beiws 33Z laact;in as,eapGody ri~gon
1~, ~. of ,dae caster lice of
{~Q 1Faed {State +0' Raase 944) asd
t#u ~ , line of Lcga4dre i 21U51
ex~nded:;:>':a~aatg,.tlte ceatr,~ lute of
Wea42n1k Rand, Svudt.74 dl ~ 191 feet
to a caaraor of larAf sots oiliseof P~fa C. Radle;
ttiraoe did Mod Socdt 30 tiegtew 30
ngi9gles West 462 fort, to Bp iraa pµ1 in lcte; of
lagl,poa~ a-late of 1?dwatd ]ialio~x, tite~ce
alOpg said lpptii, Ngadt 14 West 196 feet.
io a pow; ifienee North 30 degtaw 30
462 feet to~ a poem, t>ve place of
PS;which Lary
~$~'$AME
S~lweatet Myers ad Aodray M._14~an, bfs vvii$,
y
t
R & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
v.
1NSITE DEVELOPMENT, LLC,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
N~. 09-2844 Civil Term
PRA~CIPE
Please mark the judgment in the above-optioned action as satisfied.
Dated: ~r/y/i v
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717)233-7691
Respectfully submitted,
n o
~
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a~ ~ ~
~~~. ~~
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.... --E t'F1 ~
~--
~
ri'~ ~ '~
.~ 1.. N
~
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cr3
.~-
I.
Thomas A. Beckley
Jo : Milakovic
Attorneys for Plaintiff
~B.Ob PD A'T?^/
U~~ Ilv~O
~~ a~ 19 ~a
r
CERTIFICATE OF SERVICE
It is hereby certified that a copy of the foregoing document was this day served upon the
following persons in the manner below indicated.
FIRST CL I SS MAIL
Insite Development, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
Robert E. Chernicoff, Esquire
Cunningham & Ghernicoff, P.C.
2320 North econd Street
P.O. Bo 60457
Harrisburg, P 17106-0457
I~~
Dated: ~~~~~~~~
J G. Milakovic
r ~ ~
. f•
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
SOiICItOr
SHERIFF'S OFFICE OF CUMBERLAND COUNTIP'
R & R Plaster & Drywall Co., Inc.
vs.
Insite Development, LLC
~~,~~qU` o~ ~sur+trrr(~y~6
,r• ,t ~~..4 ~:.;~~~
SHERIFF'S RETURN OF SERVICE
ase Number
2009-2844
07/08/2009 03:14 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states th ton July 8, 2009
at 1514 hours, attached as herein commanded all goods, chattels, rights, debts, credits, nd monies of the
within named defendant, to wit: Insite Development, LLC, in the hands, possession, or c ntrol of the
within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cum erland County,
Pennsylvania 17015, by handing to Julie Swanger, Assistant Branch Manager, personal) three copies of
interrogatories together with three true and attested copies of the writ of execution and m de the contents
there of known to her.
The writ of execution and notice to defendant was picked up by the defendant on July 8, X2009 at the
Cumberland County Sheriffs Office. III
11/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $88.39
November 02, 2010
~° i~,~-~F~=1~~
r ~ ~.. r
SO ANSWERS,
RON R ANDEF
B
haron R.
SHERIFF
tz
~•ap P~~ ('o,
•SO ~~~•
~~L~' ~~ ~'~ 7
~b~s~
(c CounrySuito SFFnft~. ieie~soft, (no.
~ ~ ~ WRIT OF EXECUTION and/or ATTACHMENT
. r
COMMONWEALTH OF PENNSYLVANIA) N009-2844 Civil
COUNTY OF CUMBERLAND) CIVIL ACTIGhN -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due R & R PLASTER & DRYWALL CO., INC. ~laintiff (s)
From INSITE DEVELOPMENT, LLC '~,
(1) You are directed to le u on the ro erty of the defendant (s)and to sell
vY p P P .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the po session
of All property in hands of Garnishee, Susquehanna Bank
GARNISHEE(S) as follows:
Susquehanna Bank, 1196 Walnut Bottom Rd., Carlisle, PA 17015-9160 'i
Any property Garnishee's answers to interrogatories show to be due.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is a joined from
paying any debt to or for the account of the defendant (s) and from delivering any property of he defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the p session
of anyone other than a named garnishee, you are directed to notify him/her that he/she has be added as a
garnishee and is enjoined as above stated.
Amount Due$ 117,997.32
Interest
Atty's Comm
Atty Paid $154.24
Plaintiff Paid
Date: June 30, 2009
L.L. $.50
Due Prothy $2.00
Other Costs
R. Long,
(Seal)
By:
Deputy
REQUESTING PARTY:
Name John G. Milakovic, Esq.
Address: 212 N. 3~" St., P.O. Box 11998, Harrisburg, PA 17108
Attorney for: Plaintiff
Telephone: (717) 233-7691
Supreme Court ID No. 34843