HomeMy WebLinkAbout09-2949R & R PLASTER & DRYWALL CO., : IN THE COURT OF COMMON PLEAS OF
INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
V.
INSITE DEVELOPMENT, LLC, : NO. gg, 0 41.11 mt4
Owner
MECHANIC'S LIEN CLAIM
1. Claimant, 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, files this Mechanic's Lien Claim as contractor.
2. The owner of the property subject to the lien 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. The date on which R&R completed the work for which claim is made was April 27,
2009.
4. R&R files this claim under a contract with Insite dated March 7, 2008, in which R&R
agreed to furnish and install an EIFS system for the erection and construction of a Comfort
Suites hotel located at 2055 Technology Parkway, Hampden Township, Cumberland County,
Pennsylvania. A true and correct copy of the aforesaid contract is hereto attached marked as
Exhibit A.
5. Additionally, Insite directed R&R to perform additional work outside of its original
scope, and a summary of that additional work together with the fair and reasonable value thereof
(which is $26,816.00) is reflected in R&R's change order requests to Insite, true and correct
copies of which are hereto attached marked as Exhibit B.
1
6. The principal amount claimed to be due is $107,429.00.
7. The improvement and property claimed to be subject to the lien is the Comfort Suites
hotel, consisting of a four-story building, parking garage, and adjoining parking lot, located at
2055 Technology Parkway, Hampden Township, Pennsylvania, 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.
Dated: S f l 1/ 0 °1
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
r?
'oe
4/ 'V
Thomas A. Beckley
Jo . Milakovic
Attorneys for Claimant
2
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 Claimant in the
foregoing Mechanic's Lien Claim; 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 unworn falsification to authorities.
Dated: L) Z o 1)
Eric A. Hershey, Vice President Finance
?Aj ? 1. k A
#,UA'Docu ment A101" -2007
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a Stipulated Sum
AGREEIMENt made as of the 7th day of March
(In words, bideate day wMA and yaw)
BETWEEN the Owner
(Nmne, address and other information)
Insite Development - Don Erwin
1943 Monterey Drive
Mechanicsburg, PA 17050
in the yew 2008
ADDITIONS AND DELETIONS:
The author of this document has
added iMDmlabon retied tar hs
compisdom The author may also
have ravlsad the lead of IM ofiplnal
AIA standard Form. An Addfdons and
Daliatbne Report that notes added
inlofmabon ere well as n9trl310M b
the standard form tend is etratltlbe
tram the author and shard bit
rrAswed. A verdcal line in ft Is*
margin of ft document bullcales
where the author has added
necessary tnlorrnation and where
the author has added to or deleted
item the original AIA 161R.
Thls document has Important spat
consequences. Conartafion with an
Attorney is ancouragetl with respect
to ib completion or mod1ficafion
AIA Document A2017' -M,
General Conditions of the Contract
for C mI nrclion, is adopted In this
dam rtent by reh rance. Do not use
with other general cortdWw unless
M document Is med'd'led.
and the Contractor.
(Name, address and other information)
R & R Plaster & Drywall CO., Inc.
325 Eastern Drive
Harrisburg, PA 17111
far BLO following Project"
(Name, lotafion, and detailed description)
Comfort Suites
Mechanicsburg, PA
The Arehirect"
(Name, addstss and odor a formation)
MINT Architecture, P.C.
520 Collins Aikman Dr. Suite 200
Charlotte, NC 28262
Phone 704 947-9772 Fax 704 595-1725
Tae Owner and Cowiactor a&= as fbWws.
AtA o=Mrrt A101--2007. COpyrlgbt O 1915, 1915, 1907, 1951, 1 ft 1991, 1958, 1967,1974,1977,19x7,1991, 19977 and 2007 by The
In>t American Insftft of Amhfwts. An rights mseiv a WARUNIL- This AUV Decurnod is prol?ctad Oy,U 9M Law red Inurnsli ord TresY?
tkumAhorizsd rspraduaffim or dlslrft0an of this AIA' 00cwnm% Or arty portion of IL may resuh h -1CM l erne erMatrul pw-Ws, and wta be ?
prosecuted to the mad mm exlent possible under the law. This documant was produced by AIA saawam st 102137 on 05104#2006 under Order
No, I W02=117_1 which "res on 11/1 SWO, and Is not for russle.
user Notes: (2570461042)
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SLBSTANTIAL COMPLETION
4 CONTRACT SUM
S PAYMENTS
6 DINWE RESOLUTION
7 TERMINATION OR SUSPENSION
a MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Corm= Documents consist of this ASmulent, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to exeentioa of this Agent, other documents listed
in this Agreement and Modifications issued after aaxutiou of this Agreement. ali of which form the Contract, and
are as fully a pact of the Contrast as i attached to this Agteautent or repealed herda. Mw Contract sepresetaa the
entire and integrated agreement between the parties ham and supersedes prior negotiations, reps or
agreements, either wdaen or oral. An enumeration of the Contract Documents, other than a Modification, appear in
Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall %Hy ex=te the work described in the Contract Doenm ats, except as specifically indicated m
the Cowr=Doc=enta to be the responsibility of sxhera. See Exhibit A (our scope of work) attached.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
13.1 Tice dare of commencement of the Work shall be the date of this Agreement unless a different dace is statcd
below ar provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it di$en f from the date of this Agreement or, if applicable; state that the date
will be,txed in a notice to proceed) June 1 r 2008
If, prior to the commencement of the Work, the Owner requires dm to file ma mpges and other security interests,
the Owner's time requirement shall be as follows:
§ 3.2 The Contract 'f'ume shall be measured farm the date of catnn?eecetnent.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than (180) days from the
date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordimned with the date of
commencement. !f appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work)
aA Document Alai 2007. CopwIght 01915,10/6,1975, 1097,1961959,1961,1963. 19U7.1974, 1977,12!7,1991. 1907 and 2007 by The
init. Armadw ins%Ae of Amhbcb. All Aphis reserved WAF1 dW: This Alp DownWd is proteeft by U.S. COWOM Liar MW Intema0orm Trea se.
Unaurhorind roproductiort or dtalrtbulion of this A10 Doommant, or any Portion of tM may resuh in severe o„r0 new wbninet penallim end .nit be
/ proeeaLfod to the me kWn extent possible Ludes the Taw. This document was produced by AIA software at 10:31:37 on 03101/1000 under Order
NOOD0319317 1 which shires on t v15/200e, and Is cwt for resale.
User NO&, (2670461042)
Pordon of Work Substantial Completion Date January 17, 2009
. subject W adjustment!; of this Cm=wt Time as provided in the Contract Documents.
(Insert.PmW sions, if aft for lfgmWoed &wAWs relating to fabm to achieve Saabsmuml Completion on tame orfor
bonm paymentr for early completion of the Work)
NA
ARTK LE 4 CONTRACT SUM
§4.1 The Owaier shall pay the Conmoc r the Coax= Sara in em ant fands far do Conuacmes peffa mane of the
Contract. The C= = Sum shall be : rm amimd Fifty Six TmLw ] Wrte 35%,950.0D subject to ademans and deduatims as provided in the Coom wt Docime aM WtY
14.2 Ths Con= Smn k based upon the foliowint 810146103, if any, which are de=ibed in the Contract
Documents and aie bmeliy accgmd by the Owmsr
(SlAre the nwaberf or ocher fdengkAden of accepted aUmmatss.rdie bkUks or proposal documems perndt the
Owner m accept odder aitermatas mbsequm to the execution of thltf Agreerxaa; atsach a scludatle df srch other
alternates showing the m wmt for each and the date when rhos amotmt e:plrles.)
14.3 Unit prices, if any:
(Idau(fy and slam the unkprace; smote quamulY EmitatimL% if any, to whirl the tour price wilt be applicabk.)
item NA Unit9 and 6hksdons Pdce Per Unit
v 4.4 Auawarm inoladetd in the Cana= Sump. if any:
(fdottify aAowm er and state exchtsforu. Y 'any, fmm the allowance prim)
Run NA Ptict:
ARTICLE 3 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon AWlicadoas for Payment mbndM!d to the Architect by ehe Cont:ae W and Cardlicatm fcw
payment issued by doe Architect, the ow= :ball malts peovess payments an acxonut of the Conaact Sum to the
Comctaetar as provided below and elsewhere in the Comecmet Doamoem
§ 5.1.2 The paiad eovend by each Application for Payment shall be ors calendar month ending on the l m day of
the month. or as follows:
§ SAJ Provided that am Applicadam for Psymeat is received by the Architect not k= than the 15tdzy of a month,
the Ownerr skill mob payment of the cereed amount to the Conmm= not ISAW than the Z XUY of to same
month. If an Application fia Payment is received by the Areldmet afar the application date Steed aborm paymm
shall be made by the Ownes not lava dm ( 2D ) days tdtes fee Architect receives the Application for Payment.
AU Deountent A101nt-2007. Csp4?Oba a 1916,1ola, 120,1927.106!1 i9aa,1961,19e5. 11fa7, 19710 1977, 12U.1w1,1VU aW zW gy Ins
hilt Amedoe? Mute of Aeaha M AN rt tft reserved. WAtdWti 71tis AIA 00etannl!1s prebcfK by U.S. CoOYdOM LmWctrl aMrru9orol7frolbs $
U,,#,dad mWawc*, or disW&ugm of this AlAe Deoua @K or mV peNm of n, my reesuft in movu. afvd NW cdff*W iMr410e1 pnd wm be
/ pmeeetmd to the meuMea agat pMbb WAkr the iew. T* damn nt Ym prcchx d by AIA xc&NM st 10:9 Z? en 03442M under Order
W0.1 etoaozs317 1 w19oh espUas on 11/1517000, and Is not far raa* P704010M
User Nolen..
(Federal, stela or local laws may require payment within a certain period of dine.)
§ 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 Conaw Doeumeata_ The schedule of values ahall allocate do evdn Contract
Sum among the vinous portions of the Work: The icbedale.af values shall be prepared is such foram 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 Contractoes Applications for Payment.
§ 5.1.5 Applications for Payment &W show the percentage of completion of each portion of tie Work as of the end
of the period covered by the Application for Payment.
1'5.1,8 Subject to other provisions of die Contract Documents, the summt, of cub progress payment Shall be
computed as follows.
.1 Take that portion of the Contract Sum properly allocable to completed Wade as determined by
multiplying the percentage completion of each portion of the Wort by the share of the Cmuract Suet
allocated to that pasti® of die Work in the schedule of values, less retn®age of Ten % (10k ).
Pending final determination of cost to tdw Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 7.3.9 of AIA Document AWITv-2007. General CorAtions
of the Contract for Construction;
.2 Add that potion of the Conran Sum properly allocable w materials and equipment delivered and
suitably stored at the site for subsequent bxxtsparation in the completed eonsauction (os; if approved
in advance by the Owner. suitably stood off the she at a location agreed upon in writing), less
nnimp of Itn % ( 3M);
.3 Subtract the aggtepm of previous payments made by the Owner, and
A Subtract amounts, if any. for which the Atehdtect has withheld or minified a Certificate for Payment
as provided in Section 9.5 of AIA Document A201-2007.
5 5.i.1 The progress payment amount determined in accordance with Section 5.1.6 shall be farther modified under
the following cireumstmc=
.1 Add, upon Substantial Compledon of the Work, a sum suf5cieot to increase the total payments to the
full amount of the Cons Sum, leas such amounts as the Architect shall determine for incomplete
Wotk, retitinage applicable to such word[ and unsettled claim:; end
(Section 9.15 of AM Doewnenu A201-2007 requires release of applicable retainage upon
Substantial Completion of Work with consent of su", if an%)
,2 Add, if final completion of rho Work in thereafter materially delayed through no fault of the
Connector, any additional amounts payable m accordance with Section 9.10.3 of AIA Document
A201-2007.
§ 5.1.8 Reduction or limitation of retatitage, if any, shall be as follows:
(If it is intended prior to Substantial Completion of the entire Work to reduce or limit the rerainage resulting from
dw percent4w inserted in Sectfons 5.L6.1 and 5.1.6.2 above, and this is not explabW eltewherie in the Coshau
Documents, Wen hen provisions fret such reduction or timltatfonn. )
Retainage is reduced to 5% once 50% of the work is complete.
§ 5.1.9 Except with the Owne s. prior approval. the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been debvered and stored at the site.
15.2 FINAL PAYMENT
1 5.2.1 Final payment, Constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
.1 the Contractor has fully pezformed the Canter except for the Contractur's responsibility to correct
Work as provided in Section 12.22 of AIA Document A201^20(77. and to satisfy other requirements,
if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by the Architect
AIA tbarueanl MOW -2007. Copriahl ®1816, 1918, ING,1037, 196, 1058, 1981, 190% iW7,1974, 1077, 1947, 1291,1W7 and 201)7 byThe
Init. Amorlean lnobl la of Ard+it"cit. AN tl9hb unshed. WARNING: This AIAd Dcaumenl Is prolmded by UA. Clopydobt Law WA InNUI aYonel TroWn. 4
Unoulhortted reproduclion or d imMution of this AIA" Doeumw+R or" portlon of k, nary raull In severs otva mid armlna pamales, rand w0r be
I p. ro$WA%d to the nmzkWJM extent possible under the law. Tris document was produced by AIA soawan st 1091:57 on OS/UQO06 under order
No..u1000329317_7 which exp1rse on 11lf 6r?008, and is not for rasde.
Use Nolen: M670451 042)
_
§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issaance of the
Arcbitect's final Certificate for Payment, err as follows:
ARTICLE 6 DISPUTE RESOLUTION
16.1 IMTIAL DECISION MAKER
The Arcbitea will serve as Itdtial Decision Maker pu neat to Section 15.2 of AIA Document A201-2007, unless
the patties appoint below another individual. not a petty to ibis Agreement, to serve as Initial Decision Maher.
(If the parties muntally agree, insert the nano, address and other comuct information of the Initial Derision Maker,
eother than the Architect.)
NA
§ 82 BMW DISPUTE RESOLUTION
For any Claim subject to, btu not resolved by, mediation porsuaat to Section 153 of AIA Document A201-2007, the
method of binding dispute resolution sball be as follows:
(Check the appropriate box If the Owner and Contmefor do not select a method of bbtdbtg dispute resolution
below. or do not subsequentlyagree in writing to a binding dispute resolution method other than litigation. Claims
will be resolved by litigation in a court of competrnr fuArdkdon.)
I I Arbitration pursuant to Section 15.4 of AIA Document A201-2007
( I Litigation in a cc= of competent jmUdiction
I I odd (Spey)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract nary 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 0waer as provided in Article 14 of AIA Document A201-2007
ARTICLE a MISCELLANEOUS PROVISIONS
§ 8.1 Where refacnce is made in this Agreement to a provision of AIA Document A201-2007 or anodes Contact
Document, the reference refers to that provision as ameaded or supplemented by other provisions of the Coatract
Documents. NA
§ 8.2 Payments due and unpaid under the Camtrwr stall bear interest from the dace payment is doe at the rate stated
below, or in the absence thereof. at the legal rate prevailing from time to time at the place wbem the Project is
located
(Insert bate of httarest agreed upon, if any.)
18.3 The Owuer's representative:
(Name, address and other information)
Gene Bushyeager
Abeco, Inc.
PO Box 265
Clarion, PA 16214
AIA Doeumetn A101--2007. COpyrroht O 1815.1918,1925,1997,1951,1958, 1981, 190& 1987,1974, 1077.1987,1901,1907 and 2007 by The
ItI It American Mho of Antite . All rights reserved. WARNING: Thin AMe Doeun»nt is pralaaled by U.9. CoWeIrt Law and hdamational 7rmdiee.
Unauthorlaed npraducoon or distribution of tlaa A10 Docu mefN. of any portion of b, may result In aarere 01A and 0rtrldnal pwalliay and win im 5
/ prosecuted lathe mazinn,m tulerrt poaaMit under the taw. This doCumvnwas produced by AIA soswas d 10:21 *7 on 09104/2DN undo Qrdw
No.10OMM17_1 which 60103 on 11115/2048, and Is not for rota.
Isar Notes: (2870481 W2)
§ 8A The Contractor's represenntive:
(Name, address and other Worma&R)
Ron Johns
R & R Plaster & Drywall Co.r Inc.
325 Eastern Drive
Harriaburg, PA 17111
§ 8.5 Neidler the Owner's nor the Contractor's representative :hall be changed withoat tea days written notice to the
other party.
§ &I Othm provisions:
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
19.1 The Contract Documents, except for ModiscWcm issued after execution of this Agreement, ate enumerated in
the sections below.
$ 9.1.1 The Agrectnem is Ibis executed ALA Document A101-2007, Standard Poem of Agreement Between Owner
aud Contractor.
§ 9.1.2 The General Comditkm arc ALA Document A201-2007. General Conditions of the Contact for
Construction. NA
§ 9.1.3 The Supplementary and other Conditions of the Cadttt =
Domnent This Date Pages
§ 9.1.4 The Specifics ions:
(Eirhar list tike SpW&Wj0W hen or refer to an exhibit attached to this Agreement)
'Lytle of 5pecuitadons ahtbit:
NA - See Exhibit A
I (Table deleted)
§ 9.1.5 The Drawings:
(Either list the pmwings here or refer to an exlu7rit attached to this Agreement.)
'fide of Drawings exbtlrit: see Exhibit A
(Table deleted)
AIA ooournarn A141*r - 2997. Cop)IrWd O 1015,1916,19+, 1937- 19511 1964 1961, 1663, 1907,1074,1971,1997,1901, 19x7 and 2907 bYTt+a
ArtKrir?n and . At rt6hla Irtsaewad. WARNWM Thts AIA Doa+nsnt b tab US CoVll+tSlht Lahr ?d Ia,errlaNansl TrovAU d b S
Init. h?t9f?de of
Is'
Uneuthaftaed r Wafta9oa ? ? 10 law. Tl 19 at
cxn?iV txoduad by ?? ?wgm ? ? 57 n'o304MOndff Ord§r be or dijuilludon of ittis A10 Wanculed 10 the tnakWJ n 412 P
No,10t>1M17 1 which worm on 11114120114, and is not for reala. 057044104M -
Wer Naha:
§ 9.1.6 The Addenda, if any:
Number Date Pages
Portions of Addenda relating to bidding rcgnaemsata are not put of the Contract Docutnews unless the bidding
tequine=ts are also enuumaited in this Article 9.
§ 9.1.7 Additional docuii=ts, if any. forming part of the Contract Documerns-
AIA Document E201nd-2007, Digital Data Protocol Exhibit, if completed by the parries, or the
fonowin v
NA
.2 Otbar documeau, if any, listed below:
(List here any additional documents that are intended to form part of the Conmact Docmaents_ AM
Document A201-2007 provides that bidding requvwments such as odwtisement or kvit don to bird,
Instruction: to Bidders, sample farms and the Contractor's bid are not part of the Contract
Documents unless enumerated in this Agreement They should be listed hers only if intended to be
part of the Contract Documents-)
NA
ARTICLE 10 MOURANCE AND BONDS
The Contractor shall purchase and maintain insumce and provide bonds as set fntth in A:tiek 11 of ALA Document
A201-2007. NA
(State bonding requirements, ((any, and limits of liability for insurance required in Article 11 of AM Document
A201-2007.) NA
Type of insittanee or bond LhNt of fiabl Ry or boned mount ($ 0.00)
This Agreement entered into as of &e day and year first wriaw above.
R & R Plaster & Drywall CO-P Inc.
CONTRA 0 Siptaturt) ?f
y ice- Lh /'/oVG`?.
(Printed and title) (Printed ltante ai9d title)
Monte MOMIS t V. P: Sales
AtA Dearmem A1tNTM -2007. CepytlNht O 1915,191e,19?5,1917,19a1 IS% 1aet.1a63, 1907,1971, 1977,1967,,901, +997 an02007 try 7116
InIL Amehann lnetalte of A-dfeem AN d9M¦ - wervad WAaNM Tkk AIAd t>mumerN 4 proM1ealad 6Y U.S. Coplf O" Lew anti tnsnnamonal Tracer. 7
unauthorized reproduallon or dblydwlion of this AIAe oomno or any porVen of it, toot' roault In severe viva and eri einel oorlWa. and w11 be
prosecuted to the MUlrn%M MORM poss409 under 1M last(. Thin wwriont, was produced by AIA soiiwwo at 10-31:57 on o110u2000 under Order
N0.100tt929117 1 wN& expires an I II1&PM, and Is nal for reels. (2870401042)
UBW man,
"EXHIBIT A "
R & R PL,4ST'ER AND DRYWALL CO., INC, J
MAM OFFICE: XX STATE COLLEGE OFFICE
325 Eastern drive 360 Rolling Ridge Drive
Harrisburg, Pa. 17111 Bellefonte, PA 16123
(717)361-2607 (814)357.9130
Fa: (717) 561- 8754 Fu (814) 367-9182
JOB ESTIMATE
To: lnsits Development Job Name: Comfort Suites
Attn: Don Erwin Address; Mechanicsburg, Pa.
Estimator: Monte
Bid Date: 2aO/MS
Addendum:
Job Des0*6M.- I %" EIFS moisture drainage sysmn with foam shapes, flashing @ floor lines &
wisde v kends, heavy mash to V above grade, color changes as indicated, & tanking of EtFS
(ioclading fbor joints, ternsiuation Q metal roots, acspper pexinow% V&fMW maul' joints (haaide
corners only), room dl carrider whxlkm above Id floor, a duasn caps to FXM f& head of columns to
EM). "' No CSUH nt ® penstratioas other than scuppers such as signs, Pipes, etc.. No caulking of
1" floor windows & doors. Four (4) eolnsnns @ Porte Coehere are to be is a square shape.
Base Bid pries: 5356,95o (Three hundred fifty six thousand nine hundred fifty dollars)
Standard Exclusions; layout, plywood, demo, best and/or weather protection, temporary power dt
water, wood or metal bloeldsg, caulking, flashing, dumpster, shop drawings, engineering, permits,
bond.
•" Based as drawings; 2/03/03
Note: Bid will be null and void if not accepted within 30 days. Any changes in specs, prints and/or drawings
wM be accepted only as a change order and will become an extra charge over and above the estimate. All
areas where work is to be performed are to be cleaned and accessible to allow us a continual sequence of
work. Work will be performed during normal worldog haws unless otherwise noted.
Bid is conditioned upon mutually acceptable subcontract terms being negotiated.
Acoustical Ceilings
Dryvit Systems Drywall Systems
Plastering Demountable partitions
'ex? I ? j B
R &R PLAST I & I?I?YWALL CO., IN
325 Eastern Drive • Harrisburg, Pennsylvania 17111
?f1 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
I 'Oct, 7. 2008 9:23AM
R & R PLASTER & DRYWALL CO., INC.
325 Eastern Drive • Harrloburt Pennsylvania 17111
n Phones: (717) 561.2607 561.2608 Fax: (717) 5618754
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 S'YST'EMS
PLASTERING
DEMOUNTABLE PARTITIONS
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 11h" making 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 rennin the
same as in our previous add quote for the 41h floor band of 5/8/08.
ADD: $22,400.00 (Twenty Two Thousand Four 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
FILED- OFFICE
OF THE P OTHO) N?OTARY
2009 MAY 1 I Ali 11: 42
Pd. */? - 6IJ
?C # l3lP?
Sheriffs Office of Cumberland County
R Thomas Kline a«'atr Qf cumbr..4? Edward L Schorpp
Sheri Solicitor -X 4# G
Ronny R Anderson
Jody S Smith
Chief Deputy OFFICE OF THE SmERIFF 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 Mechanic's Lien Claim, 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, 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $39.24
May 15, 2009
2009-2949
R&R Plaster v Insite Development
SO ANSWERS,
R THOMAS KLI S ER'OF
ty S. iff
_ Jr
L_r'3 ^C
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. 09-2949 MLD
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO
SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY
MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR
OTHER RIGHTS IMPORTANT TO YOU.
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 South Bedford Street
Carlisle, PA 17013
1 (800) 990-9108
(717) 249-3166
R & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
V.
INSITE DEVELOPMENT, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2949 MLD
COMPLAINT IN ACTION UPON MECHANIC'S LIEN
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. On May 11, 2009, R&R filed a Mechanic's Lien Claim in the Court of Common Pleas
of Cumberland County, Pennsylvania, at Docket Number 09-2949 MLD. A true and correct
copy of the aforesaid Mechanic's Lien Claim is hereto attached marked as Exhibit A and the
averments of the said Mechanic's Lien Claim are hereby adopted by reference and incorporated
herein.
1
WHEREFORE, R&R demands judgment in the amount of $107,429.00, plus interest
from May 11, 2009, plus costs.
Dated: S/L ( o /
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
homas A. Beckley
JoKn G. Milakovic
Attorneys for Plaintiff
2
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 in Action upon Mechanic's Lien; 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: 71 Z. C C9
Eric A. Hershey, Vice President Finance
R & R PLASTER & DRYWALL CO., ; IN THE COURT OF COMMON PLEAS OF
INC., : Claimant CUMBERLAND COUNTY, PENNSYLVANIA
V.
n
INSITE DEVELOPMENT, LLC, Inz-0 c on
?.
NO.
Owner
1 Zir r\
MECHANIC'S LIEN CLAIM 3-
1. Claimant, 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, files this Mechanic's Lien Claim as contractor.
2. The owner of the property subject to the lien 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. The date on which R&R completed the work for which claim is made was April 27,
2009.
4. R&R files this claim under a contract with Insite dated March 7, 2008, in which R&R
agreed to furnish and install an EIFS system for the erection and construction of a Comfort
Suites hotel located at 2055 Technology Parkway, Hampden Township, Cumberland County,
Pennsylvania. A true and correct copy of the aforesaid contract is hereto attached marked as
Exhibit A.
5. Additionally, Insite directed R&R to perform additional work outside of its original
scope, and a summary of that additional work together with the fair and reasonable value thereof
(which is $26,816.00) is reflected in R&R's change order requests to Insite, true and correct
copies of which are hereto attached marked as Exhibit B.
1
6. The principal amount claimed to be due is $107,429.00.
7. The improvement and property claimed to be subject to the lien is the Comfort Suites
hotel, consisting of a four-story building, parking garage, and adjoining parking lot, located at
2055 Technology Parkway, Hampden Township, Pennsylvania, 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.
Dated: _ l i t /0'7
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
Thomas A. Beckley
f,
Jo . Milakovic
Attorneys for Claimant
2
#AIA'Docu ment 14101IV -2007
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a Stipulated Sum
AGREEMENT made as of the 7th day of March
(In words. hufieate day month and year)
BETWEEN the Owner:
(Name, address and other information)
Insite Development - Don Erwin
1943 Monterey Drive
Mechanicsburg, PA 17050
and ft Contractor_
(Noire, address and outer mformadon)
R & R Plaster & Drywall CO., Inc.
325 Eastern Drive
Harrisburg, PA 17111
for the following Project:
(Name, locatio)% and detailed description)
Comfort Suites
Mechanicsburg, PA
The Arelfiw=
(Name, add?ws and otter informwiox)
MWT Architecture, P.C.
520 Collins Ailmian Dr. Suite 200
Charlotte, NC 28252
Phone 704 947-9772 Fax 704 595-1725
in the yeax: 2008
ADDITIONS AND DELE111ON&
The author of this document has
added information needed for Its
completlon. The author may also
have revised the text of the original
AIA standard fort. An Adti bDm and
Dafadons Report that notes added
information as well es revisions to
the standard form text is available
from the author and should be
reviewed A vertical line in the left
margin of this document Irldcates
where the author her. added
necessary Information and where
the &W*r has added to, or deleted
from the original AIA left.
This document has impO4an1 legal
consequences. Consultation with an
attorney is encouraged with respect
to itS COmpletion Or ?nodification.
AIA Document ANITu-- 007,
Gensrei Conditions of the Contrast
for Construction, is adopted In this
document by reference. Do not use
with other general condillons unless
this document Is modified.
The Owner aad Co=actor agree as follows.
Init ALA D current A1o1T" -2007. Copyright 0 1915, 1913, 1997, 1951, 1958, 1961,1909 1967,1974,1977,1957,1991, 1997 and 2007 by The
Arne6mm IFL94 tE of Archlteas. AN fi ho mewed. WARNING: This AIA° booument is protected by U•s. Copyright Lew and Irrternetioml Treallm ?
Unauthorised reproduction or distribution at this AIA" Document, or amt portion of tt, may result In sevem civil and erknlnai penalties, and will trs
I prosteuted to the ma dynuM event po98lbie under the law. This docurnant was produced by AIA software 92 10:31 ?7 on 03,048009 under War
No. 1000329317_1 Mich A%plroe on 11/15/1008, and Is not for rasale. (2970461042)
User Nodes
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
g DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
d MISCELLA14EOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contact (General, Supplementary and ocher
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreefnent, all of which form the Contract, and
are as fully a part of the Contract as if attached to dais 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 rxtal. An enumeration of the Contract Documents, other than a Modification, appears in
Article 9,
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shah fully execute she Work described in the Contract Doenments, except as specifically indicated in
the CotrtrectDocnraenta to be the responsibility of others. See Exhibit A (our scope of work) attached.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3,1 The dace of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made far the date to be fixed in a notice to proceed issued by the Owner.
(Insert the dare of commencement if it diff `ers from the data of this Agreement or, if applicable, state that the date
will befrsed in a notice to proceed) June 1, 2008
If, prior to the conmaaeucemew of the Work, the Owner requires time to file mortgages and other securky interests,
this Owner's time requiftramu shah be as follows:
§ 3.2 The Contract Time shall be measured from the date of cofainmuCeMlIt-
§ 3.3 The contractor shall achieve Substantial Completion of the entire Work hat later than (180) days from the
date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. If appropriafe, insert requiremenisfor earlier Substantial Completion of certain portions ethe
Work)
IniL AIA pe?umanf A101>ti -2007. CopYrlgb! to 1915, 1818, 1925.1037, 1951, 1958, 1981, IM 19117,1974, 1977, 1087, 1991.1987 and 2007 by The 2
AMedcan insdit,te of Archlteca. All rlgMe raearved WARMING: This A1A• Documwd Is protected by U.S. CopydgM Law and Intamation2l Treafes.
UnawthoAzed raproduetion or distribution at this A10 Doownent, or any portion at it, may rewh in navere civil aM criminal peneiUt s, and non be
prosecutad to 7h wineun extent P b Ible8u? the jqw• ?TWs edoc?? was prod by AIA eonware at 1031:57 on 03MV2008 under Order
(287041310+2)
09
User Notes:
Substantia! Cornpietion Date January 17, 2009
Potion of Wont
• subjem to adjustments of this Co='Act Time as provided in the Conu= Documen[s.
(dnsertprnvisions if arty, for liquidamed damages refativtg to failure to achieve Substantial Completion on tune orfor
bonus payments for early completion of the Work)
NA
ARTICLE 4 CONTRACT SUtti
j4.1 The Owars shall pay the Con= mr the Contract Stmt in cum= funds far the Comas ='s performance of the
° )•
C== = The Conan sum Shall be : -ftee Ha]3vW Fifty Six T mi m-A Nine 356,950.00
subject w addffind and ded=&m as provided in due Connect Dons ¦„Fifty Dnlla
§ 4.2 The Coact Stem is based upon tare following alt»ates, if any, which ste de wed in the Contrsst
Documents and ere bmeby wmapoed by the Owner:
(Stare the nwnbers or other idmt#lcarion of accepted alternatc. rthe bidding or proposal doetnrtents pemdr the
owner ra accept outer alternates subsequent to the execoion of dd: Agreemen; attach a schedule of such other
alternates showing the amount for each and the date when that amount mpbv&)
§ 43 Unit anises, if arty limitations, if any, to which the unir pries will be applicable.)
(Ident(fy and state the usdrgrice; state grrm?ttity
item NA units and 1.10tation9 Fume Per Unit
§ 4A Aliowanm included in the Contract Sit, if any:
(Idem* allowance and irate exclusions. if any, from flee allowance price.)
Item NA Wee
ARTICLE 5 PAYMENTS
§ 5,1 PROGRESS PAYMENTS far
§ 51.1 Based upon App?ons far Payment subndued to the Archicteet by Conaactor and CaffmaWs acaolmt of the Contract Stf cr the
Payment issued by the Architect, the Owner shall make ptop= psymenb on
Coma= as provided below and elsewhere in the Caaaract DoctnmeM
§ 51.2 The period eovmd by each Applicadon for Payment shall be one ealend? rnoadn ending on the last dey of
the month, or as follows:
§ 51.3 Provided that an Application far Payment is received by the Architectmt IA= th22 the istday of a n=th,
the Owner shall make payment of she certified atvount to the Contractor not burn th= the 20tlday of the same
mouth. If an Applicati= fan payment is received by ube Architect after the application data famed above, payment
shall be made by tha Owner not later than < 20 ) days after the Architect receives the Application for Payment
AIA t3ewmer,n A7017w-2007, Copyright 01415,1899, 1925,1997,195 14 195% 1961, 1965, 1987, 197dy 1977, 1857,1981, 1947 arxt205t b!'Thd
h1iL We= AN r received. WARNING, This AIA Coaume,vt is profiled by U.S. ComAOM Lear wW lnteine'borml1he01tes
Amedean kmrts of Arcgon o distribution of It, may tin ssvtxe ovll end climinw pensWes, and vA0 be
Unmriherisaa re McXitfon or do ce CI this im. rntd arty portion rod by AiA m*oa a et 103137 on OSM4=08 under order
PfOe?'? to tlro maximum Mont nd t+ pon?? under r the tear. This doc sment woe produ
NO (100325317_1 ~ exom on 911151 W, and is rut inr resde-
Ueer Note; (2870461 00
(Federal, state or local laws may require payment within a certain period of time.)
§ 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 aw ire Contract
Sum among the various pardons of the Work The schedule.of values shall be prepared in such form and supported
by such data to substaotiam 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 show the percentage of completion of each portion of the Work as of the and
of the period covered by the Application for Payment.
§ 5.1.8 Subject to other pmvisiom of the Contract Documents, the amount of each progmss 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 ret? of Ten % (I% ).
Pending final determination of cost tD the Owner of changes in the Work, amttUats not in dispute
shall be included as provided in Section 7.3.9 of AIA Document A201Tm-2007, General Conditions
of the Contract for Construction;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorpotralion m the completed construction (or, if approved
in advance by the Owner. eaitably stoned off the site at a location agreed upon in writing), less
ratainage of Ten % ( 1M;
.3 Subtract the nggregam of previous payments made by the Owner, and
A Subtract amounts, if any. for wb ich the Architect has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of AIA Document A201-2007.
§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
.1 Add, upon Subs=dal Completion of the Work4 a sutra sufficicat to increase the total payments to the
full amount of the Contract Sum, less such amounts as tie Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 of AM Document A201-2007 requires release of applicable retafnage upon
Substantial Completion of Work with eotuent of surety, if any.)
,2 Add, if final completion of the Work is thereafter materially delayed duough no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document
A201-2007.
§ 5.1.8 Reduction or limitation of retsinage, if any, shall be as follows:
(If it is intended prior to Substantial Compkdon of the entire Work, to reduce or limit the retainage resulting from
the percentages buerted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explavied ekewhere in the Contrott
Documents, insert hen prvWslonsfor such reduction or timltafion)
Retainage is reduced to 5% once 50% of the work is complete.
§ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials of 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 Shan, shall be made by the Owner to the
Contractor when
.1 the Contractor has fully performed the Cmu= except for the Contractor's tespousibiliry to correct
Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements,
if any, which extend beyond final payment, and
.2 a final Certificate for Payment bas been issued by the Architect.
lnit AIA Wcumerrl A101TM -2007. Copyright 91916, 1618, 1926,1937, 1951, 1868, 1961, ISM 1997,1974, 1877, 19tf7,1091, 1091,1227 and 2007 byThs
American ksbllute of ArdeTects. All rights rassrved. WARNING: This AIAe Documem Is prolsdad by U.9. Copyd9hl Low and International7reelies. 4
Unauthorized reproduction or distribution of this A10 Doeument or any porlion of it, may result In seven: Civil end criminal perrnfes, and wiO he
/ prosecuted to the maximum extent possible under The low. Tide document was produced by AIA sarwrm sn 10:81 :57 on OW04/2008 under Order
fdo.1 D00329317_1 which explree on 1115(2008, and is not for resale. (2670451M)
User Notes:
§ 51.2 The Owner's final payment W the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment, or as follows;
ARTICLE s DISPUTE RESOLUTION
§ 5,1 INITIAL DECISION MAKER
a 15.2 of AIA Doeum t A201-2007, unless
The Architect will serve as Initial Decision Matter pursuant to See do FM
the parties appoint below another individual. not a patty to this Agreement, to serve as Initial Decision Maker.
(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
eother than the Architect.)
NA
§ 6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by, mediation pnrsaaat to Section 153 of AIA Document A201-.2007, tie
method of binding dispute resolution shall be as follows:
(Check the appropriate box If the Owner and Contractor do not select a method of binding dispute resolution
below. or do not sabsequentlyagree in writing to a binding dispute resoludoa method other thmr litigation, Claims
will be resolved by litigation in a court of competent jurisdiction.)
[ ] Arbitration pursuant to Section 15A of AIA Document A201-2001
f 1 Litigation in a court of comperent jurisdiction
f 1 Other (Spe fy)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A201-2007. NA
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8A Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract
Document, the reference refers to that provision as waded or supplemented by other provisions of the Contract
Documents. NA
§ 8.2 Payments due and 7mpaid under the Contract shall bear imarest from the dare payment is doe 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 any.)
§ 8.3 The Owner's representative:
(Name, address and other information)
Gene Bushyeager
Abeco, Inc_
PO Boa 265
Clarion, PA 16214
AM Document A101Tu - 200.7. Copvripht ®1915. 1918, 1925, 1997, 1951,1959, 1961, 1989.1967,1974, 1971.1997, 1981, 1997 and 2007 by The
In It Amen Insitift of Ar&Aotts. All rights rese+ved. WARNING: This AIA° Document is profacted by U.S. Copyright Lew and IrAomatlonsl Treaties. 5
Unauthorized reproduction or disiributfon at this AIO Document, or any portion of it, may mull In severe v8 end crimirlaf penalties, and mill be
/ proaeoWed to the maximum talent possible under the few. This docUmerrt was produced by AIA softwom at 10:31:37 on 03/W 200! under Order
No.1000329917 1 which enpirw on 71/75/2009, dad is trot for resale.
User Notes: (2870461042)
§ 8A The Conuactor's;epresentative:
(Name, address and other Wormation)
Ron Johns
R & R Plaster '& Drywall CO- Inc.
325 Eastern Drive
Harrisburg, PA 17111
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
I &S Other provisiotss:
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
19.1 The Contract Documents, except for ModiScsdons issued after execudcn of tht Agreement, are enumerated in
the sectim; below-
§ 9.1.1 The Agreement is this executed ALA Document A101=2007. Standard Form of Agreement Between Owner
and Contractor.
§ 9.1.2 The General Conditions are A1A Document A201-2007, General Conditions of the Contract for
Construction. NA
§ 9.1,3 The Supplemeatar7 and other Conditions of the Contract
Document TIVe Date Pages
§ 9.1 A The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement)
Title of Speciftadans exhibit
NA - See Exhibit A
I (!'able deleted)
§ 9.1.3 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Tide of Drawings exbi"bit: See Exhibit A
(Table deleted)
AIA ooownem Alai" -2007. Copyright 01915, 1918, 1937, t95? 1858 1861, 1863, 198e7d187u?9CoPY?9?1LawandlMemaonaTromes• 6
!nit American tnW%, to of Artt>t?. AM rt9frte reserved WeAl1N W G This AIA pppument Is It in Segel: bV9 and crjMIrjW pe sUN, and WIU be
Uneuutottaed rsprodueUon or d'utrl-don of this AIA Document, or any portion of N may
prosecuted to the maximum ::tens possible under "tarn This document was produced by ALA %0ftWW9 et 10 157 on 03104005 under Order
/ No.1000=317 t wNch 030res on 1 111 5/20 0 8, and Is not for resale. (2870461042)
User MOWS!
§ 9.1.6 The Addenda, if any.
Number Date Pages
Pordona of Addenda relating co bidding zequixealw% we not part of the Contract Docurneats unless the bidding
requirements are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any, forming pact of the Contract Documents-
AIA Document E201 X2007, Digital Data Protocol )rshibit, if completed by the pasties, or the
following
NA
Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the Contract Do"wrtts- AU
Doczanent A201-2007 provides that bidding requirements such as advertisement or invitation to bid,
instructions to Bidders, sample forms and the Contractor's bid are not part of the Con-wact
Documents unless enumerated in this Agreement. They should be listed here only if intended to be
pan of the Contract Documents.)
NA
ARTICLE 1o INBuRANCEAND BONDS
The Contractat shall paacbase and maintain insurance and provide bonds as set fntth in Article 11 of AIA Documenc
A201-2007. NA
(State bonding requirements, if atty. and limits of liability for insurance required in Article Il of ALA Document
A201-2007.) NA
Type of insurance or bond Lhnlt of tiabolty or bottd amount ($ 0.00)
This Agreement entered into as of the day and year fast wri=n above-
R & R Plaster & Drywall CO.r Inc.
OVYN CONTRA 0 signature)
(Printed naF4 and title) (Printed name and title)
Monte Morris, V.P. Sales
tnlt. AIA Doaume+n A'01TM - 2007. mpyrlsht 01915, 1918, 1925.1987,1951 j 195& 1961, 1663, 1867, by USBCOpyd¢n16ew and b"Arrallerat ?se• 7
Amerlcan lrwMte of ArcMteets AN rlgMs nnserved. WARWNG: This AIA tloarmeM is p roled ad by tion or
IA v i _re at 1 D 91 S7 on 0810&V" _under Order 11188, and vdl be
Crinfinsi pr authariwd
to the maxima oxwd possible tunder rho law, hs docOr any pord9n at n, umeent www produced Miry rostAt
No.100DM317_1 wrk*i espirw on I IAW2009, and Is not for resale. (28704t311d2)
user Nolen:
"EXHIBIT A "
R & R PL4ST'ER AND DRYWALL CO., INC ?
;MAIN OFFICE. XX STATE COLLEGE OFFICE
325 Eastern drive 360 Rolling Ridge Drive
Harrisburg, Pa. 17111 Bellefonte, PA 16823
(717)361-2607 (514) 357-9150
Fax (717) 561- 8754 F2: (814) 357-9182
JOB ESTIMATE
To: Insite Development Job Name: Comfort Suites
Attn: Don Erwin Address: Mechanicsburg, Pa.
Estimator: Monte
Bid Date: 2/20/08
Addendum:
Job Description: i %" IBS moisture drainage system with (on= shapes, !lashing @ floor lives do
window heads, heavy mesh to 8' above grxdc, color changes as indicated, & caulking of LUS
(including floor joints, termination Q metal roofs, scupper perimeters, vertical control joints (inside
corners only), room & corridor windows above 1id floor, column caps to EEM & head of columns to
EI FS). s'= No cAulking @ penetrations other than scuppers such as signs, pipes, etc.. No caulking of
1* floor windows & doorL Four (4) eohmns @ )Porte Cockere are to be in a square shape.
Base Bid price: &356,950 (Three hundred ftfty six thoaaand nine hundred fifty dollars)
Standard Exclusions: layout, p"ood, demo, heat and/or weather protection, temporary power &
water, wood or metal blocking, caulking, flashing, dumpster, shop drawings, engineering, permits,
bond.
:" Based on drawings: 2/08/05
Note: Bid will be null and void if not accepted within 30 days. Any changes in specs, prints and/or drawings
will be accepted only as a change order and will become an extra charge over and above the estimate. All
areas where work is to be performed are to be cleaned and accessible to allow us a continual sequence of
work. Work anal be performed during normal working hours unless otherwise noted.
Bid is conditioned upon mutually acceptable subcontract terms being negotiated.
Acoustical Ceilings
Dryvit Systems
Plastering
Drywall Systems
Demountable partitions
R tom. R PL S 1 I & DR ALL CO., g1 °I C.
325 Eastern Drive o Harrisburg, Pennsylvania 17111
Phones: (717) 561-2607 561-2608 Fax: (717) 561-8754
? A
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 • Harrisburg, Pennsylvania 17111
grn Phones: (717) 561.2607 561.2608 Fax: (717) 561-8754
October 7, 2008
Don Erwin
Insite Development
1943 Monterey Drive
Mechanicsburg, 13A 17050
RE: Comfort Suites
Mechanicsburg, FA,
Dear Don,
No. 5472 P. 2
DRYVIT SYSTEMS
DRYWALL SYSTEMS
PLASTERING
DEMOUNTABLE PARTITIONS
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 ;?" making 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 41F floor band of 5/8/08.
ADD: $22,400.00 (Twenty Two Thousand Four 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
Fl
Sheriffs Office of Cumberland County
R Thomas Kline ?Qti??, i, oC 4 irrtrbrr? ? Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE ?e Sw6RiFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
06/02/2009 06:40 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2,
2009 at 1840 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 Don Irwin, President at 1943 Monterey
Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
June 04, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deputy Sheriff
2009-2949
R&R Plaster & Drywall
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Insite Development, LLC
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R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Sheriffs Office of Cumberland County
at climbrrt,Edward L Schorpp
?r+„ti 7 Solicitor
V ?4 y?iy
Jody S Smith
3 CE,^'TKEti-ERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE AMEND
06/02/2009 06:40 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2,
2009 at 1840 hours, he served a true copy of the within Complaint in Mechanics' Lien Clam, upon the
within named defendant, to wit: Insite Development, LLC, by making known unto Don Irwin, President at
1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44 SO ANSWERS,
4ir?j&?
.. 99
June 04, 2009 R THOMAS KLINE, SHERIFF
2009-2949
R & R Plaster and Drywall
VS
Insite Development, LLC
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Deputy
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R & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
v.
INSITE DEVELOPMENT, LLC,
Defendant
TO THE PROTHONOTARY:
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2949 MLD
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 (@6% from 5/11/09) 1,074.29
Real Debt $108,503.29
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: ~~ ~~ ~ ~~
Respectfully submitted,
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717)233-7691
omas A. Beckley
Jo . Milakovic
Attorneys for Plaintiff
R & R PLASTER & DRYWALL CO.,
INC.,
Plaintiff
v.
INSITE DEVELOPMENT, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2949 MLD
To: Insite Development, LLC, 1943 Monterey Drive, Mechanicsburg, PA 17050 (Defendant)
Date of Notice: June 25, 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
DEFENDANT/DEBTOR
Insite Development, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
Dated:~~~7 ~~'~/
Jo 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: ~~ ~ ~~~~
~/
J G. Milakovic
()r FHA F. ' '~ ~ ~:aRY
Z~~9 JUG --v ~ I0~ ;
/y oU~~l- o~~
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R&R Plaster & Drywall Co., Inc.,
Plairrti.Ef
vs.
Incite Develc~xnent, LLC,
Defendant
To Incite Develorment, LLC
IN TIIE COURT OF COMMON PLEAS
CUNIBERLAI~ID CGrJNZ'i' , PII~INSYLUANIA
CIVIL ACTION - I,aw
No . 09-2949~~D
Defendant~$
You are }~ereby notified that on July 8, 2009
, _~, t}ie Following
Judgment I~as been entered against you in tl~e above-
captionecl case.
In favor of Plaintiff and against Defendant in the amount
of $.107 , 429.00
llATE:
• ~ F' of}~onota
I hereby certify that t}re name and address of t}ie
~~rol~er person(s) to receive t}iis notice is:
Incite Develol~nent, r.rr
1943 Monterey Drive
__Mechani ~b era, PA 17050
A Incite Develognent, LLC
I)efendido~3L
Por este mec.lio se le esta notificando clue el 8
de Jul _ _ del ~ 2009 el/la siguiente
(]~I~X.~c (F,-:1 to }ia s ido anotado en contra
sr.ry~ en el taco rnencionado en el epigrafe.
F'F,C:I IA
I~rotonotario
Certifico que l.a si.giriente direction es la del
defendido/a Begun ir~c3icac3a en el certificado de
residencia:
Insite Develo):anent, r.rr_
1943 Monterey Drive
Mechanicsburg, PA 17050
Abogado c3e1 Demaridante
3
R & R PLASTER & DRYWALL CO., : IN THE COURT OF COMMON PLEAS OF
~C•~ : C~JMBERLAND COUNT', PENNSYLVANIA
Plaintiff
v.
INSITE DEVELOPMENT, LLC, : Np. 09-2949 MLD
Defendant ~ ~
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PRA~CIPE .~ ~~= fV
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TO THE PROTHONOTARY: - cv ~
Please mark the judgment in the above~~captioned proceeding as satisfied and mark the
underlying mechanic's lien claim as released.
Dated: ~"l~~l ~
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
.~ ~ ~'
Thomas A. Beckley
Jo i ovic
Attorneys for Plaintiff
~8.0o PP A'R~/
CI~"~' Ilo~kl
~,~ a N I qN3
CERTIFICATE OF SERVICE
It is hereby certified that a copy of the f~regoing document was this day served upon the
following persons in the manner below indicated.
h
Robert E. Che icoff, Esquire
Cunningham & hernicoff, P.C.
2320 North econd Street
P.O. Bo 60457
Harrisburg, P~, 17106-0457
Dated: ~~~/ ~ ~~
Iii ,-
G. Milakovic
1943 Mon erey Drive
Mechanicsburg, PA 17050