HomeMy WebLinkAbout09-4276Cohen Seglias Pallas Greenhall & Furman, PC
Jason A. Copley, PA I.D. # 72774
jcopley@cohenseglias.com
Steven M. Williams, PA I.D. # 62051
swilliams@cohenseglias.com
240 N. Third Street, 7th Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
TOTAL HEATING & COOLING, INC.,
Claimant
V.
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.. ??' y? 7U mLJ
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
To: Insite Development, LLC, 1943 Monterey Drive, Mechanicsburg, PA 17050
and
4569 Mount Zion Road, Mechanicsburg, Pennsylvania 17050, also known as 2055
Technology Parkway, Mechanicsburg, Pennsylvania 17050
You are notified that a Mechanics' Lien claim in the amount of $107,018.51, has been
filed on behalf of Claimant, Total Heating & Cooling, Inc., against the property at 4569 Mount
Zion Road, Mechanicsburg, Pennsylvania 17050, also known as 2055 Technology Parkway,
Mechanicsburg, Pennsylvania 17050, of which you are the owner or reputed owner.
The claim was filed on June 24, 2009 in the Court of Common Pleas of Cumberland
County, docketed to the following number: -Tapp
A copy of the claim is attached hereto.
Respectfully submitted,
Cohen, Seglias,
PC
Date: 61 141 o5 /
By:
J Kon A. Copley, PA I.D. #72774
Steven M. Williams, PA I.D. #62051
240 North Third Street, Stn Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
., r r? ?
?ii?1 ?.l?.:i C:? ??t i ? ii ?l
?.a X11 s'l? ... ?'`j??_+j"
Cohen Seglias Pallas Greenhall & Furman, PC
Jason A. Copley, PA I.D. # 72774
jcopley@cohenseglias.com
Steven M. Williams, PA I.D. # 62051
swilliams@cohenseglias.com
240 N. Third Street, 7th Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
DOTAL HEATING & COOLING, INC.,
Claimant
V.
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No.. '?d 71.Q
MECHANICS' LIEN CLAIM
Claimant, Total Heating & Cooling, Inc. ("Total Heating" or "Claimant"), a Pennsylvania
corporation, by and through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., files
this Mechanics' Lien claim as a Contractor pursuant to the Mechanics' Lien Law of 1963, 49 P.S.
§ 1101, et seq., as amended, against the premises herein described, any and all buildings erected
thereupon, and the land appurtenant thereto, for the payment of $107,018.51, due it as Contractor
under the contract herein described. The following represents Total Heating statement of claim:
I . Claimant is Total Heating, a Contractor as defined by the Mechanics' Lien Law and a
corporation organized and existing under the laws of the Commonwealth of Pennsylvania,
with a principal place of business located at 67 Awol Road, Jonestown, Pennsylvania
17038.
2. The owner or reputed owner of the real property subject to this claim is Insite Development,
LLC (the "Owner"), a Pennsylvania limited liability company whose current business
address is 1943 Monterey Drive, Mechanicsburg, PA 17050 and who operates its business at
the Property, defined below.
3. Total Heating entered into an Agreement with Owner dated March 24, 2008 (the "Contract")
to perform certain work at the property known as 4569 Mount Zion Road, Mechanicsburg,
Pennsylvania 17050, which is also known as, and advertised by Owner as, 2055 Technology
Parkway, Mechanicsburg, Pennsylvania 17050 (the "Project"). A true and correct copy of
the Contract is attached hereto as Exhibit A and is incorporated herein by reference.
4. After the execution of the Contract, Total Heating and Owner entered into sixteen Change
Orders to the Contract (the "Change Orders"). True and correct copies of the Change Orders
are attached hereto as Exhibit B and is incorporated herein by reference.
5. Pursuant to the Contract and Change Orders, Total Heating provided labor and materials
required to install on the Project certain heating, ventilation and air conditioning equipment,
including:
a. Luxaire furnace and A/C units;
b. EMI ductless mini splits;
2
c. QMark wall heaters and unit heaters;
d. Cook exhaust fans and louvers;
e. Amana Packaged terminal units;
f. Fire dampers and sleeves;
g. Metalaire diffusers, grills and slot diffuses;
h. Dectron pool humidifier, duct heater and condensing unit;
i. Ductless Cassette A/C units;
j. Wall heaters;
k. Loren Cook roof exhauster;
1. Fire caulking;
in. Dryer venting; and
n. All sheet metal, ducts, piping, fittings, fasteners, lineset, wrap, straps, tape,
dampers, fans, lumber, wiring, condensate pumps and lines, pads and drain pans,
Freon and nitrogen, pvc, disconnects, and other materials needed in the
installation of the above items.
6. Total Heating completed all work for which it now seeks payment in a good and
workmanlike manner and its work was accepted by the Owner.
7. Total Heating last did work on the Project on or about April 6, 2009.
8. The Contract balance due and owing from Owner for the work completed by Total Heating,
and the amount claimed to be due under this Mechanics' Lien Claim to Total Heating, is
$107,018.51 for the services and materials it provided on the Project.
3
9. By filing this claim, Total Heating does not, and does not intend to, waive, modify, impair or
postpone its right to assert any other claim which it may have pursuant to its performance on
the Project.
10. This Mechanics' Lien Claim is filed to ensure payment of contract balances due and owing
to Total Heating for work performed and material provided for the Project.
11. The real property subject to this lien (the "Property") is known as 4569 Mount Zion Road,
Mechanicsburg, Pennsylvania 17050, which is also known as, and advertised by Owner as,
2055 Technology Parkway, Mechanicsburg, Pennsylvania 17050, and is fully described in
the legal description attached hereto as Exhibit C and incorporated herein by reference.
12. Total Heating hereby asserts a Mechanics' Lien against the said Property in the amount of
$107,018.51.
Respectfully submitted,
Cohen, Seglias,
& Furman, P.C.
Date: C /2'1 I0C1
By:
Jason A. Copley, PA I.D. #72774
Steven M. Williams, PA I.D. #62051
240 North Third Street, 7t" Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
4
EXHIBIT A
Document Al Of -- 2007
tniL
Standard Fount Agreement Between Owner and Contractor
where the basis ofp yment is a Stipulated Sum
AGREEMENT made as od e 2*' day of Ntpr2G/1 in 9. yam" 2AnS
(In wards. indicate &y, m?nrh and year)
BETWEEN the Owner,
(Name. address and a,
wc,
attd the Contractor.
(Name, address and other famaarion)
for the following P O ert
(Name, location, and de ed description)
A4 Irt?,HA-W,1
The ArcUtea.
(Name, address and odwr rmarion)
4;,*Arjt4o J?G - ate- 0 Z.
The Owner and Con agr6e as follow.. PA1. 7*-- 70-/- 9-0-7- 1;77.x.
1
mA Do went An",- -2m.
nmariean k"Ivie er Archiloete.
P 1815, Isis, 1925,
fA; 0 0'`
ADDITIONS AND DELETION&
The atm7or of this dooume t has
added iniorlmdon needed for Is
carr;"on- The author may also
have revived the trod of the original
A1A smndara term. An Ad*Aw* ,9rtdr
Deleffam Rspattthat notes added
Information as well as nwielons to
lire Standard torte text is avail"
from the author and should be
revieli ed. A vertical lira In ttte tail
margin of this dOmirT+ent indica%w
trlhere tfte author has added
necessary intormtttiott avid where
the author has added to or deleted
tram thtf original AJA text.
Tl1 document Mac im rlt legal
ctrnsavuatc+es. Consultation with an
anorney Is enooureged with respect
to its compladon or Modit alien.
AiA Dowfle l: A201 7N-21107,
General Conditions of Ste Contract
for Cora blx2on, is adopted in this
document by reference. Do not use
with other general conditions unless
fhis document is "llodgled.
1N11. 1959. 1991, 1983, 1997,1974, 1977,'1997, 1931. 1997 and 2007 by The
7 Thna dowmenz wan produced by Alt, eoltwars at 10:31:57 on 03,D4/2008 under Order
N0.10003M17_1 vrlrlch axpiren n 7 111 572 000, and i5 no! for resale,
User Notas:
(2870801042}
1
i
i
1
04101/2008 10:49 Y" 71It1441 f.lt
TABLE OF ARTICLES
1 THE CONTRACT
nrp.. asas:.. ?.u.,a v.w ... ..
2 THE WORK OF TH
ffl''S?`"'^
CONTRACT 6 T " l
3 DATE OF COMM CEMENT AND SUBSTANTIAL COMPLETION
4 CON TRACT SUM t !
5 PAYMENTS ? L
6 DISPUTE RESOLAJ ION
7 TERMINATION OR SUSPENSION
a MISCELLANEOUS ROVISIONS
9 ENUMERATION CONTRACT DOCUMENTS
IQ INSURANCE AND ONDS
ARTICLE I THE C( DOCUMENTS
The Contract Documents xt of this A,gre ernem, Conditions of the Contract (Gene nd, Supplementary and other
Conditions). Drawings. nations. Addenda issued prior to execution of this Agreement, other documents listed
in this Agent and M cahotss issued alter execution of this Agme xu . all of which form the Contract, and
this A,grotmot or repeated herein. The Contract represents the
an as fitly a phut of the stract as if att
ached to
entire and integrated a bciwem the parties hereto and inpex9edes prior negotiation9y moons or
agmertents, either written oral. An ennumantion of the Contract Documents, other than a Modification, appears in
Article 9.
ARMLE 2 THE WORK Tits CONTRACT
The Contractor shad fully xe;cute the Work described in the Contract Documents, eatcept as specifu aily indicated in
the Contract Documents be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of of t#n Work Shall be the date of this AgeWX=t unless a different date is stated
below or provisioWtv e date to be Fluted in a notice to proceed issued by the Owner.
(Inlrsrt the dote ter if it d#err fto/n1 the date of Olds Agnemrat or, if apF, crate that the date
wW be feed in a notice a)
If ptrior to the w rnnroenc t of the Wink, the Owner requires time to file morrgxges and other security inweste.
ft OwucVs time roattirtniew shall be as follows.
§ 3.2 The Contract Time be st umurrod from the date of commencement.
§ 3.3 The Con tractor shall whieve Substantial Completion of the entice Woxk not later than ( } days fxorn the
daft of comme neanent, as Mows:
(Iasesrt number of calm& days. Ahermtive)y. a caleadardatr may be used when coordinated with the date of
elcr+r~wemeet f qVmp , iiwrt regairemants for earlier Substandal Conepterion of certain portions of the
work)
ALA DpaamaA Att01VmN - 2007. Wd 01615, 1918, 1937. 1961.185A. 1981.1963.1667, 1974.1977.1987. 1991. 1997 and Z0tt7 by T?*
fait. Aawrtcan InsVww of AmWtects to rhgtda rmarve&
YhEs 0ocsa+Rnt was paoduced by ACA software at 10;31:57 oa 03 W2009 Nader Orow
No.1n0032921 ] i which oaWras a i In5/z0on, and 1s. stet tar reeatc.
deer Baton: tZ87oag1Oa2j
R4
v4fvi/Gvvo tv. sv rm #sr--rpoi
Portion of Work
Subsfattt l Completion Date
, subject to adjustments of his Contract Time as provided in the Conuact Documents,
(Inert prov4im 001Y, f 44uitlatad damages rcladng to failure to ca'hieve Substantial Completion on time or for
boauspa)mentrforearty mpkdonofthe Work)
ARTICLE 4 CONTRACT SU
§ 4.1 The Owner shall pay Contractor,ibc Contract Sum in current fimds for the Contractor's pecfarmanCe of the
C *mct The Contract Su shall be (S ).
subject to addidoxts and otts as provided in the Contract Docatnents.
§ 4.2 The Contract Sum is upon the fbRowing alternates, if any, which an described in the Cpntr=
Aocutnents and are heeby epted by the Owner.
(State the numbers or other identtfcahna of arccepled alternates. if llte bidding or proposal documenu permit the
Owner to accept other alto srdrscquent m the emecution of taus Agreimw4 attack a schedule of such other
ltlrernutes showing the amo t for each and the date when that amomu espim )
§ 4.3 Unit prices, if any:
(tdenttfy and stare the unit rice. stare quantity lemhadorhs, if arty, to which the unit price *411 be applicable.)
Item Urab and UnikO ns Price Per Unit
§ 4.4 Allowanm included i}t the Contract ,Sum, if any:
(!derv fy allowance and stale cw asiam. if ams fivm the alkawnnce prim)
lcem 1 Nice
ARTICLE 5 PAYMENTS
LI PROGRESS PAYME
§ 5.1.1 Based Upon Appli s for Paymnt, submitted to the Architect by the Contractor and C trtiticates for
Payment issutcd by the Af ' ect, dw Owner sbatl make pro p payments on account of the C`.onulwl Sum to the
Contractor as provided beh w and elsewhere its the Coact Documents.
§ 5.13 The prsiod wavered y each Application for Payment shall be one calendar month ending an for last day of
the nxnitk of as follows:
J 1S.1.3 Provided that an ApOication for Payment is received by tb a Ar cwte+ct not hies than tt a day or. month,
the Owner shall make pay of the cwti cd amount to ft Contracwf not Law than the day of the tlatac
moudL U an. Applicatiwa Payment is ttectived by the Architect after dz application date fixed above, payment
span be made by the not later than ( ) days after the Architect receives the Appiicaum for P'aymeut.
tlrc AM oonllnenr,~Io11Y - 2097 t
Awwntan In Oms of Araptocu.
3No.10003M17 1 vrhkh axpim
ow toom:
srrWa 01915. 1918. 19518, 11161. 1963, 1967,1974,1977, 1$87.1931, 1997 and 9007 by The
60hu ndsmVed.
Tr" ooWmant was pvWuCW by AtA eohrsam at 10:31:57 on 03104r10U8 Unaar Ch6ar
11/15+2008, hauls not for rasaw.
(2670461042)
3
04101/2008 10:48 FAX 7176537.'31 HVAC D151'tt18U1'ums tree. •l-j v v 4
(Federal state or local law mny require payment within a cermin period of time-)
5.1.4 Each Application for yment shalt be based on the most recent schedule of values submitted by the
Contractor in accordance the Contact Documents. Ile schedule of values shall allocate the entire Contract
Sum among the various s of the Work. The schedule of values shall be prepared in such farm and supported
by such data to substantiate is accuracy as the Architect tray require. This schedule, unless objected to by the
Architect, shall be used as basin for mnewmg the Contractor's Applications for Payment.
§ 5.1.6 Apphead ans for Payfxmt shalt slow the pstxntage of completion of cacti portion of the Work as of the end
of the period coe=d by tho Application Ex Payment
§ 5:75 Subject to other pro ions of the Contract Documents, the amount of cacti progress payment t haU be
computed as follows:
.7 Take that oa of the Cotttr>ACt 5unu properly allocable ra completed Work as dewrinined by
multiplying per?tage completion of each portion of the Work by the share of the Contract Sara
allocated to portion of the Weak in the schedule of values, less rclainage of { ).
Pending fitia deer r2miuation of cost to the Owner of Ldnastges in the Work, smo&mts not ro
dispu
le
shalt be incl ded os provided in Section 7.3.9 of AIA DLleummt A20ITu-2OD7. General Conditions
of the for Construction;
2 Add that on of the Contract Sum property allocable to mstmiah and equipment delivered and
suitably d at Me site for subsequent in=poradoa in the Meted construction (or, if approved
in advance the Owner, suitably stored off the site st a location agreed upon in vrriting), less
tetsinsge of ( ):
.3 Subtract the ggneSate of prmvious paymeam made by the Owner. and
.4 Subtract if any, for which the Amhitcct has witlobald or nullified a Certificate for Payrt>ea
as provided Section 9.5 of AIA Document A207-21W.
§ 5.17 7U progress prym* amount determined in accatdancx with Section 5.1.6 shall be further modified under
the following '
.1 :AdddL upon audd Completionof the Write, a sum sufficient to increase tie total payments to the
mount the Contzact Sum, less such aexxm as the Architect dealt dekmine fox incomplete
4 applicable to such work seed noxallod and
on 9. of AIA Domaneni 11201-2007 reodres reka" ofapplicabk r+cArtinage UpOn
untw orrtptesion of Work with consent of surety. f any.)
2 Add, if fr compkhou of ft Wodk is dwonftet wamially delayed tbraugb no fault of the
Comractor, y WditrwW amounts payable in accordance with Sewn 9_'10.3 of AIA Document
g 5.1.8 Roduction or li ` ore of nz6nags, if fay, shall be as follows
(1f it is ntrande4 prior tai antk d Cvagdedon of the entire Wott to reduce or Mme die relainage resorting front
the percentages inserted , Sections 5.1.6.1 and 5.7.6.2 above. and their it rwt e44ained eLw%Aere in die Comma
Dot cements. insert here pr far such reduction or lutritatimO
§ 5.13 Fxcxpt with the D 's prior approval, the Contractor shall not mal- advance payments to stglphcrss for
materials or egaipmeat have not been delivered and stored at the site.
§ L2 FINAL PAYMENT
§ 5.2.! F'tttttl paytnetlt, con 'toting the catita unpaid balance of the Coutract Sara, shalt be made by the Owner to the
when
.1 the Coo or has fully performed the Contract excW for the Canuraciof's nzpottsibtility to cotneGt
Work as 'dcd in StWou 12.x.2 of AIA Docueom A2Dl 2007, and to satixfy otter sega ements,
if any, . extend beyond final payment; and
2 a final C . 5catc fur Faymeat has been issued by the Architect.
A&11 0oOYt"M A101 To -"" tght e> 7815, ?9+L1, t 925.1Y37. 1451. 295& 19a7,1903,1967.1874.1 L)TTt. 1967.1991. aid 2007 by The
refer American kwhU to of A,Cmocm 1 dahta tseotr6
4
This clcumerri. was pM*Jc ed by ALA software at 10:3137 on M442008 Vnder Order
No.10003ZS317_1 whhh o1giMe 11115MODS, and is n0I (or resale.
Us" Notes. (28704610Q)
§ 52.2 7'he Owner's final
Architect's final Certifier
ARTKi.E C DIS'P"M RESI
§;9 INITIAL DECISION VA
The Architect will nerve as
the parties appoint below a
(ff ohe parties mutually airs
if other than dw Architect.)
§ CL2 BPDtlID DISPUTE RE
For any Claim subject to. I
method of binding dispute
{Cluck dw appropriate bo
below, ordo not subsequei
will be retofwd by fidgatii
Arbitration uZotait t to Section I5A of AL4L Domment A201 2007
Utiga?ion i a of comp alwa jurisdiction
t 1 Other
Wt.
ARTW,LE T TERM ATION
§ TA The Cordrast may be
A2012007.
172 The Work may be
ARTI= t #iSCELLAN
13.1 Wbem xefeream is
DocuisM, the refierenm
Documents-
j L2 Payrs due and 1
below, or is the abseam
located.
(Mier rote of were-VI 4l
SUSPENSM
atinated by the Uwner or the Caubactor as provbled in Article 14 of A1A DOCUmerlt
§ U The Owner's zc
{Name addrevmid
cut to the Contractor shalt be made no later than 30 days after the issuance of the
Payment, or as follows.
tie! Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unlms
ber individual, am a party to this AVe mmt, to save as lnitial Decision Maker.
insert fire name, address and other contact it fomwtkm of die Initial Deccsipn Maker,
t not resolved by, mo fution pursuant to Section 153 of AIiA Document A201-20(Y7, the
solution shall be as &1lows:
#1 the o wur and Convactar do crag select a medrod of binding dispute resolution
y agree its writing to a btn&ng dLgww noolution method ocher than litigation, Clatms
in a covet ofCm»peWW jWi$&cdv&)
by the Owns as provided in Arrtivtr a 14 of AIA Document A201-2007.
PROVISIM
in this Agreemmt to a vmvisian of AIA Document A2012047 or atwd= C nntrnct
i to that pfovision as amended or upplI?ted by olbxr provisions of ilia Contract
wider the Contract shad bet interest five n the date payrowt is due at the rate stated
t at the kgai raft prevailing fi+ontt time to time at the place Where the Project is
"Pon, Ifs"-J
5
1
JI1Il OOtrrlrlM{ A10r10-ZDQl. pV,gW 0 7915, 791!,1925. 1937. 1851.1958,1981.7989,1887. 1974.1977, 1907. 1991, 7987 and 2007 by The
Rnwrioe" In0mo of Arcl7hrus. M M ",M vet
n *W docam9rd was produced by AIA &9ftw * Q 1051 57 an 03tD4rMs vndew 0fdet
W iOD0529317_1 which aXPtres n 11 J15Q2RD8 ano is na ku ras4io.
time Nuts. 128 70 4 8 7 04 21
%-j v-.
§ 5.4 The Co=mcWT,S
(Name, address and of
§ 1.5 NeW= tbA Owner:
odd pasty.
§ 5.5 Otber Wovision5:
ARTXLE! 9MERATKA
§ s i The couetw
the sections below.
¢ U-1'nWft ement is
and coot ctor.
§ %12 The Genet- l Condi
Coristruetion
§ 5.1.3 The 5upplanenwy
Document
§ 4.1.1The Specifications:
(M&er fist the Spwff#wuc
Title of Specifications cxlt
(Tabledekted)
§ 11.5 The Dinwings:
(Em"lim Abe zwwings h,
Title of Dmvhngs exWbit_
1
I ffabble de+?ew)
the C0111MCt011% xgxm 19abve shall be changed without tca days written notice to the
Of CONTRACT DOCUMENTS
Us, excgX for Modifications issued after cxcc dm of this Agreement, ace anumemted in
exce(((ed AIA Document AJ01-20(17, Standard Form of Apwnm t Between Ownex
eta ALA Document A201 -2W7, Gmxa Contdowns of the Cx x&ad for
otdw Conditions of the Contrad.
Tde Data
P"ft
here or refer so an e "it 4=dw4re d*Agraement}
or refer W an exhibit attached lei this Agreement,)
^'+...vc?..an,.?v1• ZuD7. yrlgM 01915.1910, 1925.1897.195t, 1956, 1881. 1903.1907. 1974. 1971, 1967.1991, t967and2007by771ha
Ameaiwn tnWituta of A1rh3edt+. A8 IVMS ft"n ad.
t This 6=Ljn*M was vtod=14 by ALL n*ware 81 10:9157 an 091042008 under Ck ier
Na.1000329317_I w1&:t1 expirin t 1115+'1008. and is not tot rosais.
t1Ser Snte= (2870481042)
04/01/2008 10:50 FAX 7170537RU1
§ 8.1.$ The Addenda, if
nVAk, V1J1R1ouivA0 Ap.,
Number
Date
Pages
Portions of Addfmda rtl " g to bidding tt>attirclrteltts are not pan of the Contract Documents unless the bidding
neg5titraontnts ats also crated in this Article 9.
J91.7 Additional doeumc if any, forming watt of the t; oubw-i Documents-
A ATA t E201114-2007. Digital Data Protocol Exhibit, if completed by the patties. or the
following.
.2 Other doeu nts, if any, IinW below:
(List flax a #y additional documencr that are imended toPor n part of the Crmtract Documents A/A
Docurmetu 4201-2007 praroides that bedding nequiremm" such as advertisement or irntatatic»: to but
!a to Bidders, sample forms and the C'onnvcw's bid art not part of the Contract
Documents nlow en-crated in this Agreement They should be listed here only if intended to be
part of the tact Docwnents.)
ARTICLE 10 IRANM DOW$
The Contract" shall and maintain instaw= fwd provide bonds as set forth in Article 12 of AIA Documcm
A201-2DO7.
(Stott bond ft req if arty, and limits of liability for insurance required in Artick H of AM Document
A201-2W.)
TM of btstttatgaf or bond Um ft of tbbi0ty or bond amount M 0A)
Tenn A,gtaeuootit ennaaad ' as of the day and year first written above.
nYMfiER (Sig CtN MACTCIR (Siignatarts)
Frirrted and title (Printed name and title)
Ink
AU Oocurown Ales-
AnWMICM Ina at An
M O 1015.1918. 1925,1937.1651, 1958. 1961, 1983.1807,1074. 5877.1907.1091.1W7 and 2007 by The
"gift ?
7
'MIS nchxt&M %vm pr*Owood by AIA Yipttwsrs at 1p?i;57 on 63104/2066 under Orton
Na1606324317 1 wnkt? eagti on 11115rb06a, am le nut for resale.
deer Noted:
(28700106:)
Additions and letions Report for
AIA0 Document A110' - 2007
MU Additions and Deletions M as defined on page 1 of the aasodmed docnmanr, repmdum below AN text the author has
added to the standard farm A Pi docunettt in order to camoete d. as well as any *4 the author ffW have added to of deleted frorn
the original AIA text. Added is shown undedlned. Dehftd tern is kxkated with a hodtonfbll One through Ute orvmat MA tlsxt.
Now: This Additions and Doi 0ors Report is provkfed for Information purposes ordy and b not incorpore W into or tonsfitule any
part of the astocxsled AIA This Additions and i detions Report and its ast;mmed dmumert were generated
sirnukaneousiy by AJA sottwa at 10:31:57 on W104MM
PAGE 3
§ 5.13 f iovWd that as I
the Owner shall :Hake Ps
month. If an Applicaden
shall be made by the Ow
3imlion for Paymud is reetired by the Arehitea sot law rhea the day of a nxmth,
am of fim catifiied amount to the Contsaetor am later than thtr day of the Sam
Paym m is rec e%ved by the Awhirect ceder the apphcnbon dare fined above, payto =t
not lacer urea ( ) days; tiger the Architect re:c6m the Application for Payment.
PAGER
:me
TWO Driwriars ezhibiit
ffn
AdaOaons SW eaeaieeM Ae
toot. 1097 MW 2007 toy Tip
031044400e wtdw 0(dw
tree Maur:
Gsta
?r
ws?w.asawww w...i ---xwi, Wyr+p.R vTyTa. TvTV. Tvza. 1101, 7757.7tM79E1. 7963,'IM7.19K 1377. t5?7,
kwM6 to W AmbuCLa. All do m r0 serveo
71 vAdds W+K an I1t15d1Q0e. tanci In not iar regale. 7Wz do aunwnt was produced by AtA Lon9rMO al 10:31S7 on
(267MI0<2)
t
.W-
Certification of cu menf
AIAO Document D40 Iv - 2003
Authenticity
I. , hereby certify. tp the b?stl of my knowledge, infbm ation and belief, that I created the attached final document
simultaneously with its Additions and Deletions Report and this certification at 10:31:57 on 03lQ4J2A08
under Order No. 1000329117j from AIA Contract Documems software and that in preparing the attached final
document I made no chwt to tho ortiaW trot of AIA* Document A1017v - 2007 - Shwlmdi Form of Agreement
Between owner and Con c r whole the basis of payment is a Stipulated Sum, as published by the AIA in its
software, other than tho a -tioas and deletions shown in the associated Additions and Deletions Report
r- l -?
(te)
DuAaoee.e.?¦ts41,t°-Z?.t?yri??:Q,lY2.nas00.43ry't)wl+m.rt4cantnsnWMdacl,?b?e. Atttiat?b..,.rra.
TWI dommen4 wee PMduend by
At4 rmttrara u rtt?a:xr.,, a.,der tkder tyo,t000ae931T 1 rrtrtdr stpire5 on /11t5r:Dp6, a>W b nd for emea?n.
UMr M""-, t2870"1042>
09/01/ZUUO xv:ou rae rlrvaa, A.
HVAD DISTRIB '
QUOTATION #: HVAi
DATE: Febr
TO: INSII
ATTENTION: DON
FROM: CHUI
SUBJECT: COM
)RS - HARRISB
)29408-003iCZ REVISED
ry 13, 2008
DEVELOPMENT
ZOGBY EXT. 1404
RT SUITES - MECHANICSBURG
I10 Agnes Street
Harrisburg, PA 17104
www_hvacdist.com
(717) 939-3600
FAX (717) 839-9723
HVAC DISTRIBUTORS is
the conditions noted:
LUXAIRE FURNACE AND
15 - LUXAIRX GA
MATCHING +
THERMOST
AMBIENT CI
PAILS, HORI
T'AG: F'URN •
5 TON, Ftw
FURN-6 WIT
EMI ]DUCTLESS MINI SPL
3
to submit our price for the foitowing items, subject to
FIRED FURNACES WTFI3 A/C CONDENSING UNITS
DOLING COILS, TXV, CONCENTRIC VENT KITS,
T LINE SETS, HONEYWELL PROGRAMMABLE
rS, FILTER RACKS, PLEATED FMTERS, LOW
W17ROLS, HARD START KIT, COMPOSITE PAYS, FURNACE
)NTAL DRAIN PANS WITH SWITCHES
, 3,5,9,9,10,11,12,13,I4,IS WrM ACLU-1,3,5,8,9,10,11,L2,13,14,15
1,7 WITII A.CCU 2,7 4 TON, FURN4 WITH ACCO-4 2 TON
ACC" 3 TON
- ENII DUCTL MINI SPLIT SYSTEMS WITH CEILING EVAPORATOR
OR WALL M UNT EVAPORATOR, LOW AAMIENT, MISCROPROCESSOR,
REFRI LINES AND REMOTE
TAG: AC-1,A -2,AC 3 (TV/YIDEO, EXERCISE ROOM, FOOD PRM
6 - EMI DUCTL
UNITS, REM
TAG: AC-3,4
QMARK WALL ]EATERS
14 - QMARK Ceti
AND MOUR
3 _ QMARK ML
BRACKET, I
SHEETMETAL F'AMCA7
RECTANGULAR SHWrM
SLIPS, GALVANIZED DU(
ALL ROUND PIPE AND FT'
MINI SPLIT SYSTEMS WITH 2- THREE ZONE CONDENSING
ERANT LINES AND INFRARED CONTROL
7,8 AND CU3,4
UNIT HEATERS
I WALT. HEATERS WITH THERMOSTAT, SECURITY GR XASS,
BOX, TAG: XVffl-I TO 10
1 UHT]' TREATERS WITTi THERMOSTAT, AND MOUNTING
POOL, MECH AND MR.AGE I" FLOOR
PAL DUCT AND FTTMGS, WRAP INSULATION, ALL PRECUT AND
IN POOL AREA,20 GAUGX EXHAUST RISER DUCT, HANGER STRAP
'iNGS, DUCT WRAP TAPE, VOLUME DAMPERS
NWAC DISTRIBUTOR
14ARRI.RRURG
i 1V MWllrb %';UZCt
Harrisburg, PA 17104
www.hvacdist.com
(717) 838-3600
FAX (717) 939-9723
QUOTATION #: HVAC? 021408-0031CZ REMISED
HATE: Feb ry 13, 2008
TO: INSI DEVELOPMENT
ATTENTION: DON RVWN
FROM: CHU K ZOGBY EXT. 1404
SUBJECT. COM ORT SUITES - MECHANICSBURG
COOK EXHAUST FANS ANA? LOUVERS
17 - LOREN COO CEILING FANS WITH SPEED CONTROLLER 8, ISOLATOR
KITS AND C ING RADIATION DAMPERS, WALL CAPS
TAG: EF4,5, 7^9,10,13 TO 22
1 - LOREN COO INLINE FAN WITH SPEED CONTROLLER AND ISOLATOR
TAG: JW-1
10 - LOREN COO DIRECT DRIVE CENTRIFUGAL ROOF FMAUST=S WITH
PIREWHM LSC SWITCH, SPEED CONTROIU E RS, BDD AND SLOPE ROOF
TAG
CURBS EV 11,Z3,24A,26,27M,2VO
2 - ,
LORE.N COO WALL PROPELLER FAN WITH YREWM= DS, GRAVITY
siluTTEB, W LLL COLLAR, WEATHER HOOD AND MOTOR SIDE DAMPER,
Tillie EF-2 EF 3
1 - LOREN COO SMOKE EXHAUST FAN WITH PREWIR?k'D DS, BOLTED ACCESS
DOOR, GUARD, ROOF CURB
3 - POTTO UDED ALUM][1YUM LOUVERS V4M BAKED ENAMEL FINISH
AND MOTOR OPMATED DAMPERS, TAG: 2 - 36XIS AND ZMB
I - POTTORFF UDED ALUMINUM LOUVERS WITH BAKED ENAMEL FINISH
TAG: 24X22 UNDRY
AMANA PACKAGED TERM AL UNITS
105 - AM.ANA PT 3$25AM PTAC UNIT'S WITS ELECTRIC HEATER (2-5 Kam,
LCOI CURD, ALL SLEEVE, CONDENSATE DRAIN KIT, CUSTOM COLOR
ARCHITlECT OAGRILIA ELECTRICAL SUBBASE, DISCONNECT SWITCH KIT
RppM MC1 ' 3n.104MOSTATS, WITH LOW VOLTAGE WIRE KITS
TAG: PTAC-1
MISCELLANEOUS FIRED
CHASES ERS AND SLEEVES IN CORRIDORS AND EXHAUST RISER
HONEYWELL VtILCAIN 30 C C02 MONITORING SYSTEM
1 - RONE MONITORING SYSTEM WrIB ACCESSORNS
3 - HO C02 DE'T'ECTORS
ALL WIRING AND tNS'I*Ail ZION BY CONTRACTOR
15 - 10" REVERS LE WALL VENT DAMPERS
12 - d" AND 6"WA LL CAPS
IVAC DISTRIBUTORS - HARRISBURG
QUOTATION #: HVAC-021408-0031 CZ
DATE: February 13, 2008
TO: INSITE DEVELOPMENT
ATTENTION: DON ERWIN
FROM: CHUCK ZOGBY EXT. 1404
SUBJECT: COMFORT SUITES - MECHANICSBURG
110 Agnes Street
Harrisburg, PA 17104
www.hvacdist.com
(717) 939-3600
FAX (717) 939-9723
METALAIRE DIFFUSERS, GRILLES, SLOT DIFFUSERS
56 - ALUMINUM CEILING DIFFUSERS WITH OBD
34 _ ALUMINUM REGISTERS AND GRILLES
2 - ALUMINUM EGGCRATE GRILLES
10 - INSULATED PLENUM SLOT DIFFUSERS
90 - EXHAUST GRILLES IN GUEST BATHS
DECTRON POOL DEHUMIDIFIER, DUCT HEATER AND CONDENSING UNIT
DECTRON MODEL DS-030 INDOOR ENERGY RECYCLING DEHUMIDIFIER
AND POOL WATER HEATER WITH HORIZONTAL DISCHARGE, EPOXY
PAINT FINISH, 20813,1" EXTERNAL STATIC PRESSURE, MICRO CONTROLS,
OUTDOOR AIR COOLED CONDENSER FOR HEAT REJECTION, AIR I<LOW SENSOR,
OUTSIDE AIR FILTER AND MOTORIZED DAMPER, HYPOXY COATED COILS,
RECEIVER SIZED FOR 50' REFRIGERANT SET, SLOPED DRAIN PAN, I YEAR
PARTS WARRANTY, 5 YEAR PARTS ONLY WARRANTY, 5 YEAR COIL PARTS
ONLY WARRANTY, START UP, REFRIGERANT LINE AND CONDENSOR PAD
COMPLETE INSTALLATION AS PER THE ATTACHED BREAKDOWN FROM TOTAL HEATING
AND COOLING AND THEIR SCOPE OF WORK.
THE ABOVE SHALL BE COMPLETE FOR THE SUM OF $ 336,000.00. F. a B. FACTORY. FALL
FREIGHT ALLOWED TO THE JOB SITF- TAXES NOT INCLUDED.
TO PROVIDE 480 VOLT 3 PHASE SPLIT SYSTEM CONDENSING UNITS EXCEPT FOR THE 2 TON
UNIT, PLEASE ADD $ 3,866.00 TO'I'HF., ABOVE TOTAL COST.
TO PROVIDE 265 VOLT AMANA UNITS WITH SUBBASE, DISCONNECT SWITCH, REMOTE
THERMOSTATS FOR ALL GUEST UNITS, DRAIN KIT, WALT. SLEEVE AND LOUVER, PLEASE
ADD $ 665.00 TO ABOVE TOTAL COST.
ALL WALL HEATERS AND UNIT HEATERS CAN BE CHANGED WITHOUT ADDITIONAL COST.
PLEASE.. ADD $ 6,300.00 TO THE ABOVE TO'T'AL COST IF AIR BALANCING IS REQUIRED
QUOTATIONS ARE SUBJECT TO ACCEPTANCE WITHIN 30 DAYS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ADD ANY
TAXES APPLICABLE. I4VAC DI.STRISUTORSS IS ONLY RESPONSIBLE.. FOR QUANTITIES AS LISTED ABOVE, THE. MATERIAL AS SHOW14
BEING OUR INTERPRETATION OF THE REQUIREMMI'S. ORDERS TAKEN ARE SUBJECT TO APPROVAL OF OUR CRFDIT DEPARTMENT.
ADDENDUM TO AIA 101
COMFORT SUITES
MECHANICSBURG, PA
RE: SUBCONTRACTOR/CONTRACTOR RETAINAGE
This Addendum to the A1A101 regarding retainage to Subcontractor/Contractor draw
requests is hereby agreed between Owner and Subcontractor/Contractor that Ten Percent
(10%) shall be withheld by Owner until Fifty Percent (501/o) of construction completion
and is then reduced to Five Percent (5%) for the balance of construction. Final payment
shall be paid to Subcontractor/Contractor by Owner within Thirty (30) clays of
Subcontractor/Contractor completion of work.
Date:
Owner:
Insite Development, LLC
Subcontractor/Contractor:
4:-b
EXHIBIT B
l.uul111b. -/5332067 -- - - -
P.2
` ?-` T0ttfl
Heating & Cooling, Inc.
CHA--NEE ORDER
TO., INSIGHT DEVELOPMENT
1443 MONEREY DRIVE
MECHANICSBURG, PA 17050
C.(). N4.: I
DATE: SEPTEMBER 25, 2008
PROJECT. COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE. SET METAL AS REQUESTED BY GENE FOR BUILDING PURPOSES.
JOB COST 5458.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXIS71NG CONTRACT.
CHANGE ORDER # I AMOK $458.00
f CONTRACT AMOUNT $336,000.00
DATE: (aq
AU MORMED SIGNATURE: iZ,
ACCEP't'CD - THE ABOVE PW
HEREBY ACC. ALL WORX To HE _ CES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
OfUGINAL CONTRACT UNLESS OTHERWISEfiSTrFULDATED.ER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
DATE OF ACCEPTANCE_'i`? Dy,
SIGNATURE
iER?"'?•=+? ?RESENTAT3?E
}
7032 Baps Drfvo
Annvale, PA 1?7DD3
Phone: (717) 533-4777
Pax: (7717) 533-2067
UCL 1 0 euun 1: 1 erm 1 U i HL HtH 1 1 NU 6 LUUL 1 Pill . 711b:jjeuW/
P•3
otal
Heating & Coating, Inc,
CHANGE ORDER
TO: INSIGHT DEVELOPMENT C.O. NO.: 2
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050 DATE: OCTOBER 15, 2009
PROJECT: COMFORT SUITES
WE HEREBY AORFE TO MADE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE: REMOVE EQUIPMENT, MATERIAL, DUCTWORK AND LABOR TO ELIMINATE FURNACES AND AIR
CONDITIONING UNITS # I, #2, #5 AND 07 FROM CONTRACT AMOUNT.
DEDUCT St1,792.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #2 AMOUNT ($2(.792.00)
CONTRACT AMOUNT $336,DOO.00
DATE: b c (a r??
AUTHOR UD SIGNATURE:
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HBREBY ACCEMM, ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE SnPULAIBD.
DATE OF ACCEPTANCE
SIGNATURE
WNER OR RI REPMENTA71VE)
7032 Setae Drive
Annvitle, PA 17000 Phon4: (717) 5334777
Fax: (717) 533.2087
I .
UUULIIlIr. - - - -- -
otal
Heating & Cooling, Inc.
CHAN T ORDER
TO: INSIGHT DEVELOPMENT
1943 MONEREy DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO,: 3
DATE: OCTOBER 15, 2008
RE: CHANGE WHERE POSSIBLE LUXAIRE AND DECTRON UNITS FROM SPECIFIED VOLTAGE TO 480
VOLT, 3 PHASE UNITS. 3 PHASE AVAILABLE ON ALL CONDENSING UNITS OVER 3-TON.
JOB COST $7,043.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER 03 AMOUNT $7.043.00
CONTRACT AMOUNT
DATE: jo Lrto $336,000.00
AUTHORIZED SIGNATURE;
ACCEPTED' THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY
AND HERBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGNAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE /• ,??¢
SIGNATURE --=?--_-
/(OWNER REpRES
1
Bates Drive
116. PA 170.9
r'One: (717) 53347n
FXX: (717) 533-2067
_ --" • • ?+ .? ncn' tnu ` 1,UUL I NU 7175332067 - -
p.5
otcd
Heating & Cooling, Inc,
CI?A?I'1?GE O DER
TO: INSIGHT DEVELOPMENT
1943 MONEREY DRIVE
MECIIANICS13URG, PA 17050
PROJECT. COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO_: 4 .
DATE: OCTOBER 15, 2008
RE: CHANGE ALL FANS, QMAFLK HEATERS AND PTAC UNITS TO EITHER 277 VOLTS, SINGLE PHASE OR
460 VOLTS, 3 PHASE.
JOB COST 5811.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER" AMOUNT S81 LOO
CONTRACT AMOUNT
DATE: 5336,000.00
AUTHORIZED SIGNATUR$: t,Q
ACCEPTED- THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND HERESY ACCEPTED. ALL WORR TO BE PERFORMHD UNDER TI4E SAME TERMS AND CONDITIONS AS PECIF?IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF AGCEPTA.4CE X01
SIGNATURE
?-/ rv °••"v.? ?yr.r+YaR[l?D REPPZSEN `C?
7032 Bites Drive
.__...
,...... e.a. r01 , I kw
Phone: (717) 533.4777
Fax: (717) $w.m7
__ •.•..••• •?• u.rrl ncni ir?v a l,uUltllb. /1"/533?D67 - - - -
P_6
otal
Heating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONEREY DRIVE C.O. ?O•? 5
MECNANICSBURG, PA 17050 DATE: OCTOBER I5, 2008
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S)SPECIFIED, AS FOLLOWS:
RE: CHANGE FURNACE AND AIR CONDITIONING UNIT #4 FROM A 2-TON SYSTEM TO A 3-TON SYSTEM.
JOB COST $907.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #5 AMOUNT $907.00
CONTRACT AMOUNT $336,000.00
DATE:
AUTBORMD SIGNATURE
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PF.RI'ARMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STI "U1.ATED.
DATE OF ACCEPTANCE ?14pev?
SIONATU
(0"ER OR O8=D REPRESENTATIVE)
7032 Sates DrWe
ArirtvfUe, PA 17003 Phone: (717) 833-4777
Fax. (717) SM-2087
--- - _?. .. ... ?.r. .a... ..... a ...uvL ...q. a /A.7.3cut)
k,.:_.Z. a to I
Heating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT C.O. NO.: 6
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050 DATE: OCTOBER 15, 2008
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CFIANGE(S) SPECIFIED AS FOLLOWS:
RE: ADD TWO (2) EXHAUST FANS, ONE FOR ELEVATOR ROOM AND ONE FOR LAUNDRY ROOM.
JOB COST $2,065.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #6 AMOUNT 52,065.00
CONTRACT AMOUNT $336,000.00
DATE:
AUT?IORIZEDSIGNATURE:
a?7C `
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANCE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE //' / y-,- ?Xfj+
SIGNATU
OWNER OR A ENTA VE)
7032 Sates Driw
Arnvilie, PA 17003 Phone: 17)533-4777
Fax: (717) 535-2067
UCH 1b eUUH I! IePM IUIHL HtHI INN 4 LUULIMi. I Poo jeuti"! P.u
ota l
Keating .k Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT C.O. NO.: 7
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050 DATE: OCTOBER 15. 2009
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE; ADD A DUCTLESS CASSETTE AC-9 FOR CONFERENCE AREA ROOM #227 ON ORIGINAL DRAWINGS.
JOB COST 56.956.04
NOTE: THIS CIiANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER N7 AMOUNT 56,956.00
CONTRACT AMOUNT 5336,000.00
DATE: I ' L'
AUIVORIZED SIGNATURE; ??? D
ACCWTED - M ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATTSFACMRY AND ARE
HEREBY ACCEPTED. ALL WOE TO BE PERFORWD UNDER THE SAME 7ERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
7032 Oates Drive
Anmrule, PA 17003 PhOno: (717) 533-1777
Fax: (717) 533-2067
Oct 16 2008 1:13PM TOTAL HEATING 6 COOLING. 7 1'/b;j;jeub,/
tal
Heating &Coo ong, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE:
C.O. NO.: 8
F•ZI
DATE: OCTOBER 15, 2008
• CHANGE DUCTWORK ASSOCIATED WITH UPSIZING UNIT #4
CHANGE DUCTWORK FOR UNIT #3 AS NEEDED FOR PROPER OPERATION - UNABLE TO INSTALL
DUCT AS PER DRAWINGS
CHANGE DUCTWORK IN HALLWAY OUTSIDE CONFERENCE ROOM TO GET DUCTWORK UNDER
BEAM - UNABLE TO INSTALL DUCT AS PER DRAWINGS
Job COST S2,37$-00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #9 AMOUNT $2,378.00
CONTRACT AMOUNT $336,000.00
DATE: b ItAk -(??
AUTHORMED SIGNATURE:
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED TINDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATU
OR A ?IZ?CDREPV?XESEWTATTVE)
7032 Date* Drive Phone: (717) 533-4777
Anrn?i0e, PA 17003 Fax: (717) 533.2067
U4141 IV GUUp a: A Ir1l fUInL IltMl lltib 6 LUULIMU
/ I'/5332U67 p. 2
t a
Heading & Cooling, Inc.
CHANGE ORDER
TO. INSIGHT DEVELOPMENT
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE: ADD TWO (2) WALL HEATERS IN LOBBY AREAS.
JOB COST 5996.00
C.O. NO.: 9
DATE: OCTOBER 15,2008
NOTE: T'HIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #9 AMOUNT 5796.00
CONTRACT AMOUNT $336,000.00
DATE: I b) IU 1 V ?
AUTHORIZED SIGNATURE: f")?
ACCEPTED -THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATU
WNER OR D REPRESENTATIVE)
7032 Bates Drive Phone: (717) 533-4777
Almvlle, PA 17003
Fax: (717) 633-2067
Mau 12 ?009+
.1 /JJJOI?1
2.: Ph TOT
i 1
Ju v . Vi NUC 1
HEATING & COOING. 7175?--106? f 0
otai
ffeciting A Cooling, Inc.
CRA?.NGEI ORDER
TO: INSIGHT DEVE OPMENT
1943 MONBRB DRIVE
MECHANIC9B G, PA 17050
PROJECT: COMP04T SUITES
1NE Immy AGW TC MAKS THE CHANGE(S) SPECIFEED AS FOLLOWS:
F.E. RELOCATE {•• E*llAUST PIPES POR ROOF DRAINS IN CHASES.
JOB COST $1,189.00
C.U. NO_: 10
DATE: OCTOBER 28.2008
s
NOTE: TWS (`.RANGE ORDER BECOM&S PART OF AND IN CONFORMANCE WITH THE EXIS71NG CONTRACT.
CHANGE ORDER #10 AMOUNT $1,190.00
CONTRACT AMOUNT 5336,000.00
DATE:, ?c/o
AUTHORIZED S)0NATt* &ke-A ite-+bd
ACCEP78D -TIM AD0 1 PRICES AND 3r=I nCATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AHD ARE
HES2:8Y ACCEPTED. WORK TU SE P61lFQRMBD UNDmt THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT S OTHERWISE 377PULATBU.
DATE OP ACCEPTANt
_UWATtJRL'
OWN
7032 OWs Dnve
AnnA*, PA 17003 Phone: (717) 5M.4777
F": VI 7) ow-2A07
"'' rcWt b'1
Nov 12 2008 2:5J1Pt1 TOT HEATING L COOIiNG`^.''' 71753"0067
p.?
CHANGE ORWER
TO: INSIGHT D£V4OPME'NT
1943 MONERBYI DRIVE
MECHANICSBI*G, PA 17050
,
sotai
& Cooling, Inc.
C.Q. ND.: I1
DATE: NOVEMBER 12, 2006
PROJECT: CONMPO SUrms
WE HEREBY AGREE ToiMAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
i
RE. SKEET METAL Ap REQUESTED BY OWE FOR BUILDING PURPOSI'S.
JOB C03T Sij=4.00
i
t
i
NOM* THIS CHANGE 01?ER BECOMES PART OF AND IN CONFORMANCE WITH THE WaST' O CoNT'RAM
CHANGE ORDER NI I AMOUNT $1,064.00
OONTRACT AMOUNT 7336,000,00
DATE: 1 + I ? ? ?
AU'T'HORIMSIGNATtIP _ ?,0,y
ACCE MD - 7136 AHOVE MMS AND BPWMCATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED, ALL rm To BE PERPORUM UNDER THE SAMB TERMS AND CONDITIONS AS SPECffIPD IN
ORMINAL COWNTlU1CT S OTIOMWISE 07PMATED,
DATE OF ACCEPTANCE 1/•-I???
' SIGNATURE
i
7032 Odes Drive
AnnrU14, PA 17'Oal I Photo: (711) 593-4777
Fix; (7t7) 5332061
Now 12 2ao8 2:5iPM
Tcg HEATIMC L COOLIMG_ 71753"?367 f ` "'
p.4
i;-- oral
Reatfng & Coolinp, Inc.
CHANGES ORDER
TO: INSIGHT DE DPMp,N1
1943 MONUSY L)M VE C.Q. I+10.: 12
b1ECHANiGSBt?Ra, PA 17050
DATE: NOVEMBER 12, 200$
PROJECT: COMFORIT SUITES
WE NERBBY AGREE TO? IAKR THM CHANGE(S) SPECIFIED AS FOLLOWS-
ADD LOR)ST1 COdK ROOF EXNAusTER WUH CUR.0 AND DUCT AS NEEDED FOR ROOMS 319,419 AND
517.
JOB COST SI.SIIl,OD
NOTE: THIS CANOE ODDER BECONGS PART OF AND IN CONFORAQAINCIS WITH THE EXISTING CONTRACT.
CHANOE ORDER 912 AMOUNT S 1,5Js 1.Q0
CONTRACT AMOUNT
DATE: 1? 1 (uF 5336,400.0D
?
Al1THORInDSW.ATUREJ n-
ACCEPTED - THE ABOVE *ICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEP D, ALL ORK TO BE PERFORMED UNDER TH13 SA NM TERMS AND CONDI-nONS AS SPECIFIED IN
ORIGINAL CONTRACT UNI119S OTHeRW SE M PULATED.
DA7'E OF ACCEPTANCE
?' ? ..rss vr? wuTF(DAIZED RBFRESPN7A17YE)
70,92 Qm
Annvg;,
D&o
1711M
PhWV: (717) &VA777
FlOr (7171 S33-2pe7
Total
Heating &r Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONTEREY DRIVE,
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO.: 13
DATE: NOVEMBER 18, 2008
RE: CHANGE EF12 FROM ROOF MOUNT TO SIDEWALL MOUNT. )NSTAL.L FAN, GUARD AND SHUTTER
ONLY.
NOT INCLUDED: POWER WIRING, SUPPORT AND MOUNTING OF WALL SLEEVE, SCISSOR LIFTOR
SCAFFOLD AND CRANE OR BASKET LIFT.
JOB COST $191.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER # 13 AMOUNT $191.00
CONTRACT AMOUNT $336,000.00
DATE: I I I
AUTHORIZ.EDSIGNATURE:
ACCEPTED- THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SAT'ISFACT'ORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
(OWNER UK AUTHORIZED REPRL.SENTKME)
7032 Bates Dive
Annville, PA 17003 Phone: (717) 533-4777
Fax: (717) 533-2067
otal
Heating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONTEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO.: 14
DATE: DECEMBER 15, 2008
RE: FIRE CAULKING, INSTALL FIRE CAULKING AT ALL FIRE RA7-ED PENETRATIONS ACCORDING TO
ARCHITECTURAL DRAWINGS.
JOB COST $1,539.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #14 AMOUNT 51,539.00
ORIGINAL CONTRACT AMOUNT $336,000.00
DATE: f "3,1 - 5 M) ? r
AUTHORIZED SIGNATURE:
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
(OWNER OR AUTHORIZED REPRESENTATIVE)
67 Awol Road
Jonestown, DA 17038 Phone: (717) 648-6964
Far (717) 861-4718
oral
eating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONTEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO.: 15
DATE: JANUARY 23, 2009
RE: ADD DRYER VENTING ON 2ND, 3RD AND 4"" FLOORS IN VENDING AREA AS DIRECTED BY
EQUIPMENT SUPPLIER AND NOT PART OF OUR CONTRACT.
JOB COST $501.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #15 AMOUNT $501.00
ORIGINAL CONTRACT AMOUNT $336,000.00
DATE: I l a 1,-,i
AU'T'HORIZED SIGNATURE: (-(1- .?.. . ? ???
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORJGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
(OWNER OR AU'17-IORIZED REPRESENTATIVE)
67 Awol Road
Phone: (717) 64B-6964
Jonestown, PA 17038
Fax: (717) 861-4718
%3?---?tal
Heating & Cooling, .Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT C.O. NO.: 16
1943 MONTEREY DRIVE
MECHANICSBURG, PA 17050 DATE: APRIL 6, 2009
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S)'SPECIFIED AS FOLLOWS:
RE: RELOCATE POOL DEHUMIDIFICATION EQUIPMENT TO LOWER LEVEL AS REQUESTED. THE.
FOLLOWING WILL BE INCLUDED:
- ALUMINUM DUCT
- INSULATION AND TAPE
- DUCT MASTIC
- I" STRAPS
- EXTRA LINESET
- LUMBER
- STEEL WIRE
- MISCELLANEOUS FASTENERS
- LABOR
JOB COST 53,690.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER k 16 AMOUNT $3,690.00
ORIGINAL CONTRACT AMOUNT $336,000.00
DATE: I !r lr ??: `:) ,
AUTHORIZED SIGNATURE: \.: < <<'C, Ir t,;:
ACCEPTED- THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
(Ow'Tr):R OR AUT14ORIZED REPRESENTATIVE)
67 Awo{ Road Phone: (717) 648-6964
Jonestown, PA 17038 Fax: (717) 861-4718
EXHIBIT C
#725141-vi 02659-0001
?C
. ....»a-.._
PC-BERT P. ZIE:GLER
R%E!C0R.DER OF UEE D'
toy ??fl i z APB a 4z
THIS DEED
Tax Parcel Nos. 10-14.0839023
Made theOf4 t,, day of March, in the year of our Lord two thousand seven (2007)
Between MT. ZION ASSOCIATES L.P., a Pennsylvania limited partnership, party of
the first part ("Grantor")
AND
INSITE DEVELOPMENT, LLCM a Pennsylvania limited liability company,
party of the second part ("Grantee")
WITNESSETH, that the said Grantor, for and in consideration of the sum of Eight
Hundred Forty Thousand and 00/100 ($840,000.00) Dollars lawful money of the United
States unto Grantor well and truly paid by the Grantee, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell, alien, enfeaff, release, convey and confirm
unto the said Grantee, Grantee's successors and assigns,
LOT 5:
ALL THAT CERTAIN tract of land situate in the Township of Hampden,
Cumberland County, Pennsylvania known as Lot 5"on the Final ReSubdivision Plans
Phase 2A and 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 a 80 foot legal right-of-way; thence along the southern right-of-way
line of Mt. Zion Road South 79 degrees 33 minutes 17 seconds East a distance of
180.68 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. Mack &
Anna E. Mack 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. Mock &
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 Lary 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, sold
point being the common comer 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-
SLI 70756Bv V000000.00000
279 -
06/22/2009 2:37:44 PM
CUMBERLAND COUNTY
is
t
'I
I
.j
a
.
.
.i
i
j .i
Inst.# 200707910. Page Iq
.I
i
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 205.82 feet to an iron pin on the
eastern right-of-way fine 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 That and a length of 39,28 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 A portion of property which McNaughton Properties, Inc., a Pennsylvania
corporation, by deed dated November 4, 1997 and recorded November 5, 1997 in
Cumberland County Deed Book 187, Page 327, granted and conveyed unto Mt. Zion
Associates L.P., a Pennsylvania Limited Partnership.
Being Tax Parcel 10-14-0839-023
UNDER AND SUBJECT to all restrictions, reservations, easements, covenants,
conditions and rights-of-way of record.
;i
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging or in anywise appertaining and the reversions and remainders,
rents, Issues and profits thereof and all the estate, right, title, interest, property, claim
and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the i
same and every part thereof. i
TO HAVE AND TO HOLD the above-described premises with the
appurtenances unto the Grantee, Grantee's successors and assigns, forever.
AND the said Grantor hereby covenants and agrees that it will warrant specially
the property hereby conveyed.
5L1707568v11t100000.00000 IIadi '27 PACE 397
06/22/2009 2:37:44 PM CUMBERLAND COUNTY
I•I
Inst.# 200707910 -page 2
in Witness Whereof, the Grantor has hereunto set its hand and seal the day and year
first above written.
ATTEST:
-z-
(Asst.) Secretary
Commonweal f Pennsylvania
County of
Mt. Zion Associates, L.P. by its sole
General Partner, ML Zion Assocla-tes, Inc.
By:
Phi Markovitz
Vice President
. SS.:
On this, the. q1% day of March, 2007, before me, a Notary Public, the
undersigned officer, personally appeared Philip Markovitz, Vice President of Mt. Zion
Associates, Inc., a Pennsylvania corporation, the sole general partner of Mt. Zion
Associates L.P., a Pennsylvania limited partnership, known to me (or sat?facfio
proven) to be the person whose name is subscribed to the within deed and
acknowledged that he as such officer executed the same for the pu
contained on behalf of the corporation, as general partner of the limited
in Witness Whereof, I hereunto set myX nV and o/ficial seal.
Rd ANAL SE&
DEBORAH N. KOONS. Nd-XY PUbk
Sws" ZV*. D WP*
Cona?Irction JLm
My'ConyAssion Expires:
1 Hereby Certify that the precise residence of the Grantee is:
1943 Monterey Drive.
Mechanicsburg, PA 17050
Attorney for. Grantee
SLl 707569VI/000000.SM
06122/2009 2:37:44 PM
coax 279 PAcE 396
CUMBERLAND COUNTY
- j
Inst.# 200707910 - Page
.. ..._
Commonwealth of Pennsylvania
: SS.:
County of Cumberland
Recorded on this day of , 2008, in the Cumberland
County Recorder of Deeds Office in Record/Dead Book , Volume , Page
Given under my hand and the seal of the said Office the date above written.
Cumberland County Recorder of Deeds
S:1LegallDeeds%CumberlandTech-DeedtolnsiteDev.wpd 3!9!0712:58 PM
1 Certify this to be recorded
In Cumberland County PA
Recorder of Deeds
bbbu 279 PACE 399
SLI 707568rtro00000.00000
M ~
r? M M
m
Jr. 4r. W
5C S
.-,
M• 1
-1
to ?
5
n9r»12nnq 94.37,.44 PM CUMBERLAND COUNTY
li
I ,
. ,I
i.
1 ,
I
I
,i
II.
I I
I i ?I
I
I I
i !
Inst.# 200707910 - Pape 4
6)
FL..
2H9 ill 24 '''A 4. 0 i
pd ?i?-oa
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant OFFICE cF THE =_"ERir=
Edward L Schorpp
Solicitor
Total Heating & Cooling, Inc.
vs.
Insite Development, LLC
Case Number
2009-4276
SHERIFF'S RETURN OF SERVICE
07/06/2009 03:40 PM - Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 a
1540 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, defendant at 1 Courthouse Square,
Room 303 Carlisle, Cumberland County, Pennsylvania 170143 its contents and at the same time handing
to him personally the said true and correct copy of the same.
07/06/2009 03:40 PM - Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 a
1540 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, defendant at 1 Courthouse Square,
Room 303 Carlisle, Cumberland County, Pennsylvania 170143 its contents and at the same time handing
to him personally the said true and correct copy of the same.
SHERIFF COST: $53.44
July 07, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
WC '1 ?i
Deputy Sheriff
0 ?9 '-
C-
..,., K C-
C7.
J-: co
_>
- ;r °'?.
FILE
OF 7HE ='
2009 JUL -8 PiI 3: c0
Cohen Seglias Pallas Greenhall & Furman, PC
Jason A. Copley, PA I.D. # 72774
jeopley@cohenseglias.com
Steven M. Williams, PA I.D. # 62051
swilliains@cohenseglias.com
240 N. Third Street, 7s' Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
TOTAL HEATING & COOLING, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
V. : NO.: 09-4276-MLD
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
PRAECIPE REGARDING SERVICE
To the Prothonotary:
Please accept for filing the attached Affidavit of Service of Notice of Filing of
Mechanics' Lien, evidencing service of the Mechanics' Lien Claim and Notice of Filing of the
Mechanics' Lien Claim in this case on Defendant.
Respectfully submitted,
Date: 11401
Cohen, Seglias, Pallas,
Gre0all & Furman, P.C.
Jason A. Copley, PA I.D. 472774
Steven A Williams, PA I.D. 462051
240 North Third Street, 7`h Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
TOTAL HEATING & COOLING, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
vi. NO.: 09-4276-MLD
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid,
this day to the following:
Insite Development, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
and
4569 Mount Zion Road
Mechanicsburg, Pennsylvania 17050
also known as
2055 Technology Parkway
Mechanicsburg, Pennsylvania 17050
Respectfully Submitted,
Cohen Seglias Pallas
Greenhall & Furman, PC
Date: ql? By:
A son A. Zo an, Le Assistant
TOTAL HEATING & COOLING, INC.,
Claimant
vii.
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 09-4276-MLD
Affidavit of Service of Notice of Filing of Mechanics' Lien
Being duly sworn according to law, I hereby depose and say:
1. I am an adult individual, 29 years old and duly authorized to make this Affidavit on
behalf of Total Heating & Cooling, Inc.
2. On June 24, 2009, I filed a Mechanics' Lien Claim in the above captioned matter on
behalf of Claimant, Total Heating & Cooling, Inc.
3. On June 24, 2009, I provided the Cumberland County Sheriff's Department with a
time-stamped copy of the Mechanics' Lien Claim and Notice of Filing of Mechanics'
Lien Claim for the purpose of serving the Owners/Reputed Owners, who are the
reputed owners of the property on which the lien is asserted.
4. On July 6, 2009, the Cumberland County Sheriff s Department served the Mechanic's
Lien Claim and Notice of Filing of Mechanics' Lien Claim on the Owners/Reputed
Owners by hand delivering copies. Attached hereto as Exhibit A, evidencing service
on the Owners/Reputed Owners, are a true and correct copies of the Cumberland
County Sheriffs Return of Service.
Sworn to and subscribed to be ore me, a Notary
Public, 41isf' day of , 2009.
o Public
My Commission Expires:
r-
6 2
Alison A. Zortni f`
NOTARIAL SEAL
STEPHANIE SCHUBERT, NOTARY PUBLIC
CITY OF HARRISBURG, DAUPHIN COUNTY
MY COMMISSION EXPIRES SEPT. 25, 2010
EXHIBIT A
#725147-v1 02659-0001
¦ ¦ i1llll 13 %o. 7267 ?.
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff"
?Q??tr of ?wabr??f?
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant ar?cF of r srr:RiF?
Edward L Schorpp
Solicitor
Total Heating & Cooling, Inc.
vs.
Insite Development, LLC
Case Number
2009-4276
SHERIFF'S RETURN OF SERVICE
07106/2009 03:40 PM - Ron Ken-, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 a
1540 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, defendant at 1 Courthouse Square,
Room 303 Carlisle, Cumberland County, Pennsylvania 170143 its contents and at the same time handing
to him personally the said true and correct copy of the same.
07/06/2009 03:40 PM - Ron Kerr, Deputy Sheriff, who being duly swom according to law, states that on July 6, 2009 a
1540 hours, he served a true copy of the within Mechanics Lien Cialm, upon the within named defendant,
to wit: Insite Development, LLC, by making known unto Don Irwin, defendant at 1 Courthouse Square,
Room 303 Carlisle, Cumberland County, Pennsylvania 170143 its contents and at the same time handing
to him personally the said true and correct copy of the same.
SHERIFF COST: $53.44
July 07, 2009
SO ANSWERS,
R THOMAS KLINE. SHERIFF
Deputy Sheriff
FlU D??il
OF THEE
2 009 i U L --9 ItN - S 3
Cohen Seglias Pallas Greenhall & Furman, PC
Jason A. Copley, PA I.D. # 72774
jcopley@cohenseglias.com
Steven M. Williams, PA I.D. # 62051
silliams@cohenseglias.com
240 N. Third Street, 7t1i Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
TOTAL HEATING & COOLING, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Claimant
V. NO.: 09-4276-MLD
INSITE DEVELOPMENT, LLC
Defendant/Owner JURY TRIAL DEMANDED
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.
a
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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los
pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
#725144-v1 02659-0001
?i
TOTAL HEATING & COOLING, INC.,
Plaintiff/Claimant
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 09-4276-MLD
INSITE DEVELOPMENT, LLC
Defendant/Owner
: JURY TRIAL DEMANDED
COMPLAINT IN ACTION UPON MECHANICS' LIEN CLAIM
AND NOW, comes Plaintiff/Claimant, Total Heating & Cooling, Inc. ("THC"), by and
through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., and files this Complaint
pursuant to Pa.R.Civ.P. 1651, et. seq., stating the following:
1. Plaintiff/Claimant, THC, is a Pennsylvania business corporation, with offices located at 67
Awol Drive, Jonestown, PA 17038.
2. Defendant/Owner, Insite Development, LLC ("Insite"), is a Pennsylvania limited liability
company whose current business address is 1943 Monterey Drive, Mechanicsburg, PA
17050 and who operates its business at the property known as 4569 Mount Zion Road,
Mechanicsburg, Pennsylvania 17050, which is also known as, and advertised by Insite as,
2055 Technology Parkway, Mechanicsburg, Pennsylvania 17050 (the "Property").
3. THC entered into an Agreement with Insite dated March 24, 2008 (the "Contract") to
perform certain work at the Property, all as requested by Insite in connection with its
construction of a Comfort Inn/Suites hotel. A true and correct copy of the Contract is
attached as Exhibit A to the Mechanics' Lien Claim that is attached hereto as Exhibit A, and
is incorporated herein by reference.
4. After the execution of the Contract, THC and Insite entered into sixteen Change Orders to
the Contract (the "Change Orders"). True and correct copies of the Change Orders are
attached as Exhibit B to the Mechanics' Lien Claim that is attached hereto as Exhibit A, and
are incorporated herein by reference.
5. The total price agreed to between THC and Insite for the Contract and the Change Orders
was $345,388.00, but THC did not perform all of the work originally scoped under the
Contract and Change Orders.
6. Pursuant to the Contract and Change Orders, THC provided labor and materials required to
install on the Project certain heating, ventilation and air conditioning equipment, including:
a. Luxaire furnace and A/C units;
b. EMI ductless mini splits;
c. QMark wall heaters and unit heaters;
d. Cook exhaust fans and louvers;
e. Amana Packaged terminal units;
f. Fire dampers and sleeves;
g. Metalaire diffusers, grills and slot diffuses;
h. Dectron pool humidifier, duct heater and condensing unit;
i. Ductless Cassette A/C units;
j. Wall heaters;
k. Loren Cook roof exhauster;
1. Fire caulking;
m. Dryer venting; and
2
n. All sheet metal, ducts, piping, fittings, fasteners, lineset, wrap, straps, tape,
dampers, fans, lumber, wiring, condensate pumps and lines, pads and drain pans,
Freon and nitrogen, pvc, disconnects, and other materials needed in the
installation of the above items.
7. The total price for the foregoing work completed by THC (after credit to Insite for work not
performed) was $339,996.00.
8. THC commenced work at the Property on or about September 24, 2008, and THC
substantially completed the above-referenced work on or about April 6, 2009.
9. Insite paid THC $232,977.49 for THC's work at the Property, leaving a balance of
$107,018.51 due and owing to THC.
10. Despite demand, Insite has failed and refused to make payment of the $107,018.51 balance
that remains due and owing to THC for its work at the Property.
11. On June 24, 2009, THC filed a Mechanics' Lien Claim in the amount of $107,018.51 to
secure payment for the work that it performed at the Property, docketed in this Court to No.
09-4276-MLD. A true and correct copy of the Mechanics' Lien Claim is attached hereto as
Exhibit A and is incorporated herein by reference.
12. On July 6, 2009, THC caused the Mechanics' Lien Claim to be served upon Insite, and
subsequently caused to be filed an Affidavit of Service. A true and correct copy of the
Affidavit of Service is attached hereto as Exhibit B and is incorporated herein by reference.
i
WHEREFORE, Plaintiff/Claimant, Total Heating & Cooling, Inc., respectfully requests
that this Honorable Court enter judgment in its favor and against Defendant/Owner, Insite
Development, LLC, as follows:
a. for the amount of $107,018.51;
b. determining that Total Heating & Cooling, Inc.'s Mechanics' Lien Claim is a
valid Mechanics' Lien upon the Property of Insite Development, LLC, as defined
herein;
c. directing that Insite Development, LLC pay to Total Heating & Cooling, Inc. the
amount of $107,018.51 due and owing to Total Heating & Cooling, Inc.;
d. directing that Insite Development, LLC pay to Total Heating & Cooling, Inc. the
costs of this action and interest;
e. and granting such other relief that this Court deems just and proper.
Respectfully submitted,
Date:
& Furman, P.C.
Cohen Seglias
By;
Jason A. Copley, PA I.D. #72774
Steven M. Williams, PA I.D. #62051
240 North Third Street, 7t' Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Plaintiff/Claimant
4
EXHIBIT A
- .? ?T,
f "
Cohen Seglias Pallas Greenhall & Furman, PC
Jason A. Copley, PA I.D. # 72774
jcopley@cohenseglias.com
Steven M. Williams, PA I.D. # 62051
swilliams@cohenseglias.com
240 N. Third Street, 7'h Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
TOTAL HEATING & COOLING, INC.,
Claimant
V.
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: /j
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
To: Insite Development, LLC, 1943 Monterey Drive, Mechanicsburg, PA 17050
and
4569 Mount Zion Road, Mechanicsburg, Pennsylvania 17050, also known as 2055
Technology Parkway, Mechanicsburg, Pennsylvania 17050
You are notified that a Mechanics' Lien claim in the amount of $107,018.51, has been
filed on behalf of Claimant, Total Heating & Cooling, Inc., against the property at 4569 Mount
Zion Road, Mechanicsburg, Pennsylvania 17050, also known as 2055 Technology Parkway,
Mechanicsburg, Pennsylvania 17050, of which you are the owner or reputed owner.
The claim was filed on June 24, 2009 in the Court of Common Pleas of Cumberland
County, docketed to the following number: o9 _ 7:/?9D 7(U
A copy of the claim is attached hereto.
Respectfully submitted,
Cohen, Seglias,
PC
Date: 6) zy' 0"-,\
By:
on A. Copley, PA I.D. #72774
Steven M. Williams, PA I.D. #62051
240 North Third Street, 80' Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
Cohen Seglias Pallas Greenhall & Furman, PC
Jason A. Copley, PA I.D. # 72774
jcopley@cohenseglias.com
Steven M. Williams, PA I.D. # 62051
swilliams@cohenseglias.com
240 N. Third Street, 7`h Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
t'1 ?v
( c _i
_
-
TOTAL HEATING & COOLING, INC.,
Claimant
V.
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: G? 1/s 7CP Xz,
MECHANICS' LIEN CLAIM
Claimant, Total Heating & Cooling, Inc. ("Total Heating" or "Claimant"), a Pennsylvania
corporation, by and through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., files
this Mechanics' Lien claim as a Contractor pursuant to the Mechanics' Lien Law of 1963, 49 P.S.
§ 1101, et seq., as amended, against the premises herein described, any and all buildings erected
thereupon, and the land appurtenant thereto, for the payment of $107,018.51, due it as Contractor
under the contract herein described. The following represents Total Heating statement of claim:
I . Claimant is Total Heating, a Contractor as defined by the Mechanics' Lien Law and a
corporation organized and existing under the laws of the Commonwealth of Pennsylvania,
with a principal place of business located at 67 Awol Road, Jonestown, Pennsylvania
17038.
2. The owner or reputed owner of the real property subject to this claim is Insite Development,
LLC (the "Owner"), a Pennsylvania limited liability company whose current business
address is 1943 Monterey Drive, Mechanicsburg, PA 17050 and who operates its business at
the Property, defined below.
3. Total Heating entered into an Agreement with Owner dated March 24, 2008 (the "Contract")
to perform certain work at the property known as 4569 Mount Zion Road, Mechanicsburg,
Pennsylvania 17050, which is also known as, and advertised by Owner as, 2055 Technology
Parkway, Mechanicsburg, Pennsylvania 17050 (the "Project"). A true and correct copy of
the Contract is attached hereto as Exhibit A and is incorporated herein by reference.
4. After the execution of the Contract, Total Heating and Owner entered into sixteen Change
Orders to the Contract (the "Change Orders"). True and correct copies of the Change Orders
are attached hereto as Exhibit B and is incorporated herein by reference.
5. Pursuant to the Contract and Change Orders, Total Heating provided labor and materials
required to install on the Project certain heating, ventilation and air conditioning equipment,
including:
a. Luxaire furnace and A/C units;
b. EMI ductless mini splits;
2
a
c. QMark wall heaters and unit heaters;
d. Cook exhaust fans and louvers;
e. Amana Packaged terminal units;
f. Fire dampers and sleeves;
g. Metalaire diffusers, grills and slot diffuses;
h. Dectron pool humidifier, duct heater and condensing unit;
i. Ductless Cassette A/C units;
J. Wall heaters;
k. Loren Cook roof exhauster;
1. Fire caulking;
m. Dryer venting; and
n. All sheet metal, ducts, piping, fittings, fasteners, lineset, wrap, straps, tape,
dampers, fans, lumber, wiring, condensate pumps and lines, pads and drain pans,
Freon and nitrogen, pvc, disconnects, and other materials needed in the
installation of the above items.
6. Total Heating completed all work for which it now seeks payment in a good and
workmanlike manner and its work was accepted by the Owner.
7. Total Heating last did work on the Project on or about April 6, 2009.
8. The Contract balance due and owing from Owner for the work completed by Total Heating,
and the amount claimed to be due under this Mechanics' Lien Claim to Total Heating, is
$107,018.51 for the services and materials it provided on the Project.
3
9. By filing this claim, Total Heating does not, and does not intend to, waive, modify, impair or
postpone its right to assert any other claim which it may have pursuant to its performance on
the Project.
10. This Mechanics' Lien Claim is filed to ensure payment of contract balances due and owing
to Total Heating for work performed and material provided for the Project.
11. The real property subject to this lien (the "Property") is known as 4569 Mount Zion Road,
Mechanicsburg, Pennsylvania 17050, which is also known as, and advertised by Owner as,
2055 Technology Parkway, Mechanicsburg, Pennsylvania 17050, and is fully described in
the legal description attached hereto as Exhibit C and incorporated herein by reference.
12. Total Heating hereby asserts a Mechanics' Lien against the said Property in the amount of
$107,018.51.
Date: L ?2y ?OF(
Respectfully submitted,
Cohen, Seglias, Pas,
Greenhatf & Furman, P.C.
By:
4ason A. Copley, PA I.D. #72774
Steven M. Williams, PA I.D. #62051
240 North Third Street, 7ch Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
4
EXHIBIT A
AGREEMENT made as of
(!n words. indicate drry, 1
Standard Form Agreement Between Owner and Contractor
where the basis of p yment is a Stipulated Sum
BETWEEN tho Owner.
(Name. addrrsss and other
and the Contractor.
(Name, addrets and other
for the following project:
(Name. location, and deu
k X&,"id'
The Architixt:
(Name. adders and
S2,tv 4-01
The Owner and Coni
Document Al 01"' - 2007
day of NLp ize P in t- yp-- ??
and year)
, %:,,?; 'XG .
description)
agrg as follows. f11,i, 7L--
.hK3 P?P&eArl,
ADDITIONS AND DELETIONS:
The author of this ooaumerd has
added inionwtion needed for b
compiefion. The author may also
have revjQ she Lard of the Original
ALA standaro form. An AddI101 a ark?
DwerlowRepmthal notes added
information as wall as mNlslons to
the standard foram text is avallaNe
from the author and should be
reviewed. A vertical litre In Ow felt
margin of this document intliCdtee
where the &A mr has added
necessary intm ation and where
the author has added to or deleted
from the original AIA text
This document has important legal
cornegwv ces. Consuhation with an
aaornoy is encouraged With respect
to its completion or moddication.
ALA Docament A201 TM-MO7.
General Conditions Of Ore Contract
for Conshxtion, is adopted in tats
document by referetrcm Do not use
with ottter general conditions unless
tins document is modified.
MA tlpct+rnarll A107TM-x007.4p"ht a 1915.1918,1925,103-t. 1851, 1058, 1981.1983. 1907. 1974, 1971.1`"11 1W1. Uny7 am cwt vy rrw
Hilt Amorioon k"tvle of Amhitedc. II lights rewr-a
I ThIr, docu+nen: was produ^ed byAIA aohwaru 01 10:31:57 0+= OWD412008 Under Once=
No.1000329317t which eaplree n 1111 Sr2DD0, and is nD! faI t95ale.
U69r Notts: _ (267D4UiO42)
i
1
f
1
04/01/2006 1o:49 t•tta 111VaJ1 fJ1
S
7 THE WORK OF TH CONTRACT' r~fY'p-`;''G 1-o f7>D?'?-?--
3 DATE OF COM CEMENT AND SUBSTANTIAL COMPLETION
TABLE OF ARTICLES
1 THE CONTRACT D
4 CONTRACT SUM t
S PAYMENTS ( 1
6 DISPUTE RESOL
7 TERMINATION OR SPENSION
a MISCELLANEOUS ROVISIONS
9 ENUMERATION CONTRACT DOCUMENTS
iq INSURANCE AND ORD$
ARTH.LE T THE CANT UQCUMENTS
rile Camtract Documents xt of this Aggreemem, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings. S 'fica Lions, Addenda issued prior to execadon of this Agreement, other documents listed
in this Agreement and M, • cations issued after vacation of this Apptement, all of which farm the Coxvact, and
are as fully a part of the atract as if aundW to this Agrretnent or repeated herein. The Contract represents the
entire and integrated a t between the parties hereto and supamedes prior negotiations, roprescatatiaas or
agreements, either written r oral. An arrnmesatioa of the Contract Documents, other than a Modification, appears in
Article 4.
ARTICLE 2 THE WORK 0 THIS CONTRACT
The Contractor shall fully rotate the Wok described in the Contract Docrmteat i, except as specifically indicated in
the Convaet Documents be the responsibility of othter5.
ARTICLE 3 DATE OF CO AND SUBSTANTIAL COMPLETION
§ 11 The date of of the Week shall be the dato of this Agrawtent unless a difk ent date is stated
below or provision is for the date to be fixed is a notice to proceed Issued by the Owner.
(Insert the date of oo omen if it differs frtom the date of this Agrtreroant or, if applicabir, state that the date
wU[ bs fixed in a notice to rncecd)
If, pldor 10 *e con menca ent of the Wady, the Owner requires time to file mortgages and other security itrroerests,
the Ovuer's time rexlulm shalt be as failows:
§ 3.2 The Contract Tian; be 1tucYisured from the date of commencement.
§ 33 The Connactor shaII ieve Substantial Completion of the entiro'Wotk not later than ( ) days from the
date of eommasee meat, as follows,
(insert aunrber of cat days. ,Alternatively, o xaaltndardaw nsay be used when coordinated with the date of
tth -enceff-nt•'O app b=rr requirements for earlier Suhs zndal Complenon of reriaia portiorcr of the
work.)
anlt Wit nowmeM AID" 2007, brit c Y615, Y816. 1825, 1937, 1861, Y9 r8. 1961. /9fi3, YUb7, 1974,1977, 19dT, Y981. 1997 and 2t1trT by The
Amerkan 1nFdWtt rA ArCnttecW II righla rtwwvv& 2
t Thl,s 0=u"nt was pmdumd by AtA software of 1031:57 un V34MR008 tmtlar Orow
No.1000329a t ? l witi[tt axplrn: n 11n?Z0oa, wrath lc riot for reeale.
?9lI ??: t2B7tJa81[la2)
U9/VL/LVV0 •V.av rr- .LIVJVI
Portion of Work
Substantial Completion Date
, subject to adjustmeats of is Contract Time as provided in the Contract Documents,
(Intert provisions; if any, f liquidated damages relating to failim to achieve Subsrantral Completion oa time or jnr
bonus payments for early completion of the Work)
ARTICLE 4 CONTRACT SU
§ 4.1 The Owner hail pay Contractor,thc Contract Sum in current finds for the Contractor's petfvrtaance of the
Contract The Contract Sun shall be (S ?•
subject to addidom and ions as provided in the Contract Documents.
§ 4.2 The Contract Sum is ed upon the followlrtg alternates, if any, which are desm"bed in the Cootrara
Docum nts and are hereby cVW by the ()wrier.
(State the numbers or other uh ntifrcatwn of accepted alternates. If the bidding or p oivo ul documents permit the
Owner to accept other alto .a&segncnt m the crecution of this Agrumerrr; attach a rcheduk of such other
alternates showing the 4mo nit for each attd the date when that amount expire?,rj
§ 4.3 Unit prices, if any:
(Identify and stare the unit rice; stare quantity limitations, iftrrry, to wbi(* the unit price will be emlicuble.)
Item Units and Limibtions Puce Per Urtit
§ 4.4 Allowances included i? the Contract Sum, if any:
(Identcfy allowance and sta f e esc kWom. # 'any, ftvrn the aAawancd price.)
kern I Plice
ARTICLE S PAYMENTS
§ LI PROGRESS PAYiM&
S 5.1.1 Based upon Appli ions for Pay;r mt subtnitte d to the Architect by the Contractor and (krdfictttes for
Payment issued by the Arcil 'tect, dw Owner sball nwkc progress payments on account of the Contract Sum to the
Contractor as provided bet w and elsewhere its the Contract Documents.
ch Application for Payment shalt be one calendar month ending on thr last day of
ea
§ S,i3 The period covered ty
the month, or as follows: § 5.1.3 Provided that an Al
the Owner Shan make pays
month. Han Application h
9hnil be trade by the Orono
A1A DD=M8M A10I W - 2007 0
trot. Ametiran inatima of Arr"Iecis. A
IF N0.1000.3=117_r vrhldi expires o
U"r notes:
rlication for Payment is received by the Architect not hies than the day of a nxmtk
ens of the c crffwd amottnt to tht Conuww not tatm than the day of the same
. Payttteat is received by the Ardutect atta the application date fixed above, payment
not law fin ( ) days attar the Architect receives the Application for Payment-
right 01915,1gig, 7925, 19177, t9st, 1958, 1961,1969,1967,1474,1977, 1987,1991, 1497 and 2007 by The
"hes ronvved 3
This GOWment was p,WPCRrl by AW eohware W 70;31:57 on o3fu4t20pB under oToor
11(15(2008, and is nut for reaele.
tze7aotnszi
04/0112008 10:49 FAX 7176537 31 HYAG D15THIBUIUMN tlvt, y?vvro
(/'edcrul state or local law may require payment within a certain period of rime. J
§ 5.1.4 Each Application for yment sba11 be based on the most recent schedule of values submitted by the
Contractor in accordance the Ca 010 Documents. The schedule of values shall allocate the entire Conmut
Sum among the various po ons of the Work. The schedule of values shalt be prepared in such form and supported
by reels data to substaudaw is accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shill be used u a basis for reviewing the Contractor's Applications for Payment-
5.1.5 Applications for P shalt show the perccutage of completion of each portion of the Worst as of the end
of the period covered by Application for Payment
ons of the Contract Documents, the amount of eacb progress payment shall be
§ 6.1_§ Subject to oth4inc&4
computed as follows_1 Take n of the Comrj= Sum ptopWy allocable W completed Work as deterrrrined by
multippercentage completion of each portion of the Work by the shaft of the Contract Stem
,allocaportion of the Work in the wleduk of values, less rcteinage of ( },
Penditermination of cost to the Owner of changes in the Work, amoutru not in dispute
nera Conditions
shalt bas provided in Section 7.3.9 ofAIA Document A201'"-20D7, Ge
of the or Construction;
.2 Add thof the Contract Sum pmpedy allocable to materials and equiPment delivered and
suitablt the sirefor subsequent incorporation in tine compktrld construction (or, if approved
in advae Owner. suitably stored off the site at a locadom agreed upon in writing), less
reminage of ( ):
.3 Subtmact the ggregate of pr+ccvious paymtxrts made by the Owner, and
. t Suband aux amts, if any, for which the Architect has withheld or nullified a Cer tificatc fur Paymerd
as provider j, 2 Section 9.5 of ALA Docutoeat A201-2047_
§ 31.7 The progams pmount determined in accordance with Section 5.1.6 shall be further modified ender
the following cirru24w!tdthe .1 AddizwW CuVietton of elf Worn, a suvn sufficient to h=em the total payments to the
fall Contract Sum, less such amounts as the Ambitext *all dehmmine for incomplete
Weak, applicable tear such work and unaesttle d claims; and
(SectiwaAf i Document A201 2007 requires rekase gfopplicoble r+etab+age upon.
Srtbata.1e on of Wm* with consent of surety, if any.)
Z Adel, if nplefion of the Work i: thereafter tmaterially delayed tbtawgh no fault of the
Cadditional amounts payable in accordance with Section 9.10 .3 of AIA Document
§ 5.1.9 Reduction or 2-i l f of rchminage, if any, shall be as follows
(If it is intended prior 0 dal Completion esf the entire Work to reduce or limitthe retainage resuMngfra w
the perrtntages inser ectiemr I L61 and 5.1.62 above, and this is not explained elsewhere in the Contract
Documcnts insert herlions for such reduction or hmiardon.)
§ M-9 Except with the O ar's or approval, the Corrtrleetos shall not make etdvattce payments to suppliers for
materials or egoipmerrt w haul not brim delivered and stoaled at the site.
§ S.2 F W1 PAYMENT
§ $2.1 final payment, con "luting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
CuntlaW when
.1 the can or has fully performed the Contract except for the Contractors responsibility to coma
Work as vided in Section 12-7-2 of AIA Document A201-2007, and to satixfy other r+equimments,
if any, wh' extend beyond foal payment; and
.2 a final . fieate fur Payment has been issued by tbc Architect.
elate /11A r)D1leer OM A181 re -2o67, eghe 0 1915, 1918, 1825, 1937, 1951, 195& 1981, 1983, 1967. 1 n74. 1977. 1867, 1991. 1997 and 2007 by ttia
Artleiroar, k,e?lute d rlrth?toa:- r4
1T1y OaClIuwy! was pr*WC*d by ALA w warn n! 10,31:57 on 03/04!'1008 Unde,1 Order
P&O 000.929317_1 vfilch ax0res 1152008, and it nol for rwLale.
Umreel er 12870+81oa:)
t
§'5.2.2 77he Owner's final
Architect's final CertiScs
ARTICLE i INSPIRE REST
§ 4.1)NMAL DECISION AAA!
The Architect will nerve as
the parties appoint below s
flfdw parties mrttualty adr
if other than the Anchitccl.)
§ 6.2 OMMS DISPUTE RE
For any Cla s subject to. I
method of binding dispute
(Check the appropriate bo
below, or do not subsrquei
will be trtolved by litigath
Af Asbitsation ursuant to Section 15.4 of AtA Document A201-2007
{ j Udgarion i n court of eonTetant ju sdiction
t 1 Otber
MiL.
ARTICLE 7 7EWINATION
§ 7.1 The Gust act may be
A201-2007.
§ 72 The Work tray be
ARTICLE I IMSCELLAN
I &I Wh= =kmnm is
Documartt, the m1e: u=
Aoatrnents.
4 IL2 Payments due and
below, or in the absence
locmd.
(Insert pure of kre--vz a
§ 13 The Ownei s rc
(Name, address and
eat to the Contr7tctur shall be made no lanes than 30 days aftef the issuance of the
Payment, or as follows:
tilt! Decision Maker pursuant to Section 15.2 of AIA Document A201-2001, tmlmv
her individual, cot a party to this A,gr+mmenr to save as Initial Decision Maker.
insert the name, address and other contact information of the Initial Decision Maker,
t not resolved by, mediation pursuant to Section 153 of A1A Docunxut A201-2007, the
solution shalt be as follows:
If the Oomr and Contractor do not select a method of binding d 1vare resolution
y agree in writing to a binding &Ture resolution method other than litigation, Claims
in a Cowen of clompetex jurisdlctioa-)
SLISA6NSiON
vitiated by the Owna or the Coatractcr as provided in Attick 14 of AIA Document
by the Owaar as provided in Atticle 14 of AIA Document A201-2007.
PRDVISOS
in this Agrecteent to a provision of AIA Doconwat A201-2107 or ano*= Contract
i to that provision as amended or supplemented by otbrr. provisions of tfte Contract
under the Contract shall bcu interest from the date paytncat is due at the rate stared
t at the logal .tats: provailing glom time to time at the pLxx where the Project is
upon. if any.)
AM t7oCtRnsnr A10tTM - 2D07. ht a 7915,1915. 1925. 1837, 1951. 1958.1981,1859,19(f7. 19741977.1997.1991,1997"2007 try The
Anwricwr lnstitu(n d NrcfiAacm. 11 Aynts tetarlred
YhW documeyd w u produced by M r ohxih i1 t03f:57 an 03ID412009 t+ncw Order
td0 iWOSM317_1 WN" &1P1r03 n 1111WD08, an0 ii not Inr n e 0s.
rtf Ne"Z: (rB 70461042)
5
?j -
§ 8.4 The Contractor's
(Name, address and a
§ 1.5 Neitbet the Owner'
otheT paM.
§ &6 Otber provisions:
>r the Contractor's =presenutive shall be changed without ten days written notice to the
ARTICLE 9 ERATIW OF CONTRACT DOCUMENTS
§ 9,1 The Comsat t Doc= ts, except far Modifications issued after execution of this Agrearnenr, are enumernted in
the sections tleiow.
5 9.1.1 The Agreement is s executed AIA Document A101-2007, Standard Form of Agreerrwnt Between Owner
sod Coubmtor.
§ 9.12 The General Condit s are ALA Document A201-2007, General Conditions of the Contract for
Construction.
§ 9.1.E The Supplementary other Conditions of tix Contract:
Dam m rd Title Date pages
§ 9,1. LThe Spexificavats
(Either liar the SpCr 1W ' here or refer to an esb" amached to WsAgreement)
Title 43f Spesificatilnns prld
(Table deleted)
§ 11.5 The D4asvinV..
(Efther Zia du Drawingt h
Tick of Drawings exhibit-
(Table deleted)
re or refer to on exhibit attached to this Agrrement.)
loft AtAAOCtmd+rA101*M -2007. yr=1 101915,1Ole, 1925.1937, 1951, 1950 1981, 1963,'1907, 1974, 1977, 1987, 1891, 1907end2007by The
Amaric?n InetiMe of Architecii. All rtdttta t+esorred. 6
This omummi wn Wodomd by Atk tt7hware w 10:3157 an 0310412006 under Chder
No, t 000920317 t wlridr nxp'uec orfl t!t 5>1008, 8r+d u not b/ resa)o.
tber Note= (2070481042)
l
04/01/2008 10:50 FAX 7179537p3l
§ 9.1,6 The Addendu, if
Number
nvnt, urara;,nu>,vna i1...
Date
Pages
Pottians of Addenda =1914g vo bidding requirements are not part of the Contract Doraunenu unless the bidding
requirements are also d in this Article 9.
§ 9.1.7 Additional do mt Fif Any, forming pact of the Contract Documents:
.1 ATA 201'if--7007, Digital Data Protocol Exin-bit, if completed by the parties, or the
following:
.2 Other docu nrs, if any, listed below:
(List hers d.y eddilioaal documents that are intended to form part of the Contruet DocuroenrJ. A,IA
Document 01_2007 provides that bidding requirements such as advertisement or invitation to bid
inxtnic" to Bidders, sample forms and the Contrttetor'x bid are not part of the Conryna
Doeus"ntr alesr enumera red is this Agreemmt They should be listed here only if intended to be
part of the nut Documents.)
ARTICLE 10 INSURANCE BMDS
71le Coatractor shall ad o and maintain instasrttx and provide bonds as set forth in Article 2 I of AIA Document
A201-2007.
(State bondfng raga r& 1f any, and fimits of liability for brsurance required in Artick l.1 of AM Document
A201-2007.)
Type of IaSUtat4 or bond Lla+lt of tbbility or bond amount 1$ 0.00)
This Agreament entemd ' as1 of the day and year OM written above.
OWNER (sign CONTRACTOR (Signature)
CrLt41P wg s ?d?R.? Z1tLL L_• rtgg2,fF-$.
Printed now4fir and tide) (Printed tram- and tide)
ATA Pecunrsnt AM- -2907 crWOjjhl 01915.1918.1923, 1837.1851. 1958, 1961, 1983. 1967,1974,1877.1987,1991. 1997 AM 2007by The
AnWw-m 1nsHtvta at ArddtwM AS ngMa rc .
1 This OoCument wes produmO br AIA aokws.e ut 1031:57 on 030412006 under 0701r
No.1909329317_1 "Ich Oxore on 111i5=08, am k nat for resuse.
U&M Nolee. (2670461042)
7
A
Additions and D letions Report for
A/A0DocumentA10 '?-2007
Thy Additm and Deleeow port, as defined on page 1 of the associated document, reproduces below M text the author has
added to the standard tone A dorumerk in order b compete d, as well as any text the author may have added to or deleted from
ft original AIA wid. Added I6 shown undertitned. Deleted text is kxkated with a horiaontat line though the original AIA taxi.
Nate: This Additions and De tiara Report is provided for lrftmaaon purposes Doty and Is not V4orporeie0'srto or cxxlstitute any
part Of the associated AIA d . This Addifiom and Deletions Report and its associated documeru were ganerated
simuhar*m*ly by AIA sottwa al 1031:57 on VVD4A2M-
PAGE 3
§ &1.3 Provided that an lication for Payment is received by the Architect not here time tbt day of a month,
the Owner shall nuke p: of the certified amount to tht: Coatsnt:tor not later theft the day of the slue
month. If an Applimdon F Paymttrt is rw4ived by the Aictdtet:t after the npptication dare fixed aWvs, payment
shall be made by the Own not later than ( ) days after the Architect receives the Application far Payment.
PAGE 6
Title Data negate
r le of Drawines egbibit
We Dale
Additions Dnd aebaorts A"otsl ?AtA Uocuwrerrt A10t"'-ttW7 GopprlROK O 1915, 1016, YD25,1097,1957,1$Se. Y961, 1953, 1967, 1974, 1977. 1997,
1891. 1997 and 2007 by Tt,p Amu i [AtIZU6 W Atchkecta. All dote no4•vC . - 1
Teas daca wni wus produced by AIA sonw" At M31:57 on
p310412006 Under 0rdW No_1000 17_1 vtWcti eaplrK on I ii1%2M. tend 16 not for reaule.
Clow late.: (2870481042)
a
- -?--- -------------- -•.., ,-,,.moo
Cepcation of D?cument's Authenticity
A!A® Document D40 "t - 2003
L ,hereby csrtify, to the t-ot'-fc y knowledge, information and belief, that I created the attached final document
simultaneously With its aAddidom and Deletions Report and this certification at 10:31:57 oo 03/0412MS
tinder Order No. I00032om AIA Contract Documents software and that in preparing the amched final
document i made no thae original teat of AIA° Document A1017M - 2007 - Standard Form of Agreenunt
Between Owner and Con hera the basis of payment is a Stipulated Sum, as published by the AIA in its
software, other than those and deletions shown i n the associated Additions and Deletions Report
(D"d)
MA Vacurftm-d tf, I--2t10d. Ca"htQ 11a2.nd 2=byThe Amsricao insthuh+d /Vrhidae. Ail rights nWWvrtl.
1 TAts documerc wen pmducad by
AN Whrsro at 10*1 -S7 "I0104?r under OcCW "O t00tx2`t317 1 rrf ch eayirac on 11/t5,'M, "b W. for renege.
(2870461042)
EWr'tiel?c:
I
09/U1/•LVUtf Au:au rnn rirvaur 6TORS ---•- H1fAC DISTRIB-- HARRISBURG
110 Agnes Street
Harrisburg, PA 17104
www-hvacdist.corn
(797) 939-3600
FAX (717) 939.9723
QUOTATION #: =P21408-0031CZ REVISED
DATE: rY 13, 2008
TO: INSI DEVELOPMENT
ATTENTION: DON RWlly
FROM: CHUC ZOGBY EXT. 1404
SUBJECT: COME RT SUITES - MECHANICSBURG
ased to submit our price far the following items, subject to
e
HVAC DISTRIBUTORS is r
the conditions noted: LUXAIRE FURNACE AND AVC UNITS
15 - LUXA
G YMED FURNACES WITH A/C CONDENSING UNITS
&
MATC LING COILS. TXV, CONCENTRIC VENT KITS,
Rix LINE SLT'5, HONEYWELL PROGRAMMABLE
TER ILTER RAMS, PLEATED kUTERS, LOW
I
AMBIE LSHARD START IZIT, COMPOSITE PADS, FURNACE
PADS, DRAIN PANS WITH S WITCHES
T'AG: k8,9,10,1I,1Z,13,14,IS WITS ACCU I,3,S,S,9,10,11,12,13,1Q,15
5 TON, ITS ACCU 2,7 4 TON, FURN-4 WIETH ACCO-0 2 TON
FURN-6 " 3 TON
EMI DUCTLESS MBVI SP
3 - EMI D 1VM SPLIT SYSTEMS WrrH CEILING EV"ORAT09
Olt WALL M UNT L VAPORATOR, LOW AAUUMT, MISCROPROCESSOR,
RED LINES AND REMOTE
TAG: AC-2,A 7,AC 3 (Tt?f VIDEO, EXERCISE ROOM, FOOD PREP]
6 - EMI DU SS MINT SPLIT SYSTEM WITH Z- TIHLEE ZONE CONDENSING
UNITS, G JMNT LINES AND INPIRARED CONTROL
TAG: AC-3,4 ,6,7,8 AND CU3,4
QMARK WALL HEATERS UNIT HEATERS
14 - QMARK 404 WALL HEATERS WITH T IU MOSTA?T', SECURM GRE1J ES,
AND MOON G BOX, TAG: EWH 1 TO 10
3 - QMAXtIC MU#0351 UWr HEATERS'oVCM THERMOSTAT, AND MOUNTING
BRACKET, G: POOI+4 MECH AND STORAGE IT FLOOR
SHEETMETAL F A"NRICA ON
RECTANGULAR SR1WV1' lAL DUCT AND nr NGS, WA" INSULATION, ALL PRECUT AND
SLIPS, GALVANIZER DUC IN POOL ARIA ,20 GAUGE EXHAUST RISER DUCT, HANGER STRAP
ALL ROUND P)2?9 AND I<I TINGS, DUCT WRAP TAPE, VOLUME DAMPERS
- - - - - - - - - - - - -
HVAC DISTRIBUTOR
QUOTATION #:
DATE:
TO:
ATTENTION:
FROM:
SUBJECT:
- HARRISBU
HVA 21408-0031CZ REVISED
Feb ry 13, 2008
INSI DEVELOPMENT
DON RWIN
CHU K ZOGBY EXT. 1404
COM ORT SUITES - MECHANICSBURG
110 Agnes Street
Harrisburg, PA 17104
www.hvacdist.com
(717) 838-3600
FAX (717) 939-9723
COOK EXHAUST FANS LOU'YM
17 - LOREN COO CEILING FANS WITH SPEED CONTROLLER 8, ISOLATOR
KITS AND C ICING RADIATION DAMPERS, WALL CAPS
TAG: EF4,5, 4,10,13 TO.22
1 - LOREN COO IhTVNE FAN WITH SPEED CONTROLLER AND ISOLATOR
TAG: J W-)
10 - LOREN COO DIRECT DRIVE CENTRIFUGAL, ROOF EX'HAUSTERS wns
PREVAIM SWITCA SPEED CONTROU EtS, BDD AND SLOPE ROOF
CU"S, TAG E 11,23,24,15,26,27,28,29,30
2 - LOREN COO WALL PROPELLER FAN WITHPRERRRTD DS, GRAVITY
SaUTITA W COLLAR, WEATHER HOOD AND MOTOR SIDE DAMPER
TAG., EF-2 EF 3
1 - LOREN COO SMOKE EXHAUST FAN WITH PREWW" DS, BOLTED ACCESS
DOpR, GUARD, ROOF CURB
3 POTI'ORM" TIDED ALUMINUM LOUVERS WITS BARED ENAMEL FINISE
AND MOTO OPERATED DAMPERS, TAG: 2 -36X18 AND 24X18
1 - POTTORFF UDED ALUMUMN LOUVERS VMR RAKED ENAMEL FINISH
TAG: 24X12 UNDRY
AA ANA, PACKAGED TERY AL UNITS
105 - AMANA FTC 73825AM PTAC UNITS WITH• ELECTRIC WATER (2-5 XW),
LCDI CORD, ALL SLEEVE, CONDENSATE DRAIN KIT, CUSTOM COLOR
AR GRII.LE, ELF.Cn ICAL SUBBASE, DISCONNECT SWITCH 10T
ROOM MOIR T ED THERMOSTATS, WITH LOW VOLTAGE WIRE KITS
TAG: PTAC-1
MISCELLANEOUS FIRED ERS AND SLEEVES IN CORRIDORS AND EXHAUST RISER
CHASES
HONEYVVF.LL VUlk N 30 C C02 MONITORING SYSTEM
1 - HONE MONITORING SYSTEM WTIW ACCESSORM
3 - HONE C02 DETECTORS
ALL WIRING AND INSTAL l ION BY CONTRACTOR
IS - 10" REE 'WALL 'VENT DAMPERS
12 - 4" AND L CAPS
HVAC DISTRIBUTORS -- HARRISBURG
QUOTATION HVAC-021408-0031 CZ
DATE: February 13, 2008
TO: INSITE DEVELOPMENT
ATTENTION: DON ERWIN
FROM: CHUCK ZOGBY EXT. 1404
SUBJECT: COMFORT SUITES - MECHANICSBURG
METALAIRE DIFFUSERS, GRILLES, SLOT DIFFUSERS
56 - ALUMINUM CEILING DIFFUSERS WITH OBD
34 - ALUMINUM REGISTERS AND GRILLES
2 - ALUMINUM EGGCRATE GRILLES
10 - INSULATED PLENUM SLOT DIFFUSERS
90 - EXHAUST GRILLES IN GUEST BATHS
DECTRON POOL DEHUMIDIFIER, DUCT HEATER AND CONDENSING UNIT
110 Agnes Street
Harrisburg, PA 17104
www.livacdist.com
(717) 939-3600
FAX (717) 939-9723
DECTRON MODEL DS-030 INDOOR ENERGY RECYCLING DEHUMIDIFIER
AND POOL WATER HEATER WITH HORIZONTAL DISCHARGE, EPOXY
PAINT FINISH, 208/3,1" EXTERNAL STATIC PRESSURE, MICRO CONTROLS,
OUTDOOR AIR COOLED CONDENSER FOR HEAT REJECTION, AIR FLOW SENSOR,
OUTSIDE AIR FILTER AND MOTORIZED DAMPER, HYPOXY COATED COILS,
RECEIVER SIZED FOR 50' REFRIGERANT SET, SLOPED DRAIN PAN,1 YEAR
PARTS WARRANTY, 5 YEAR PARTS ONLY WARRANTY, 5 YEAR COIL PARTS
ONLY WARRANTY, START UP, REFRIGERANT LINE AND CONDENSOR PAD
COMPLETE INSTALLATION AS PER TILE ATTACHED BREAKDOWN FROM TOTAL HEATING
AND COOLING AND THEIR SCOPE OF WORK.
THE ABOVE SHALL BE COMPLETE FOR 7WE SUM OF $ 336,000.00. F.O.B. FACTORY. FALL
FR.EIGHTALLOWED TO THE JOB SITE. TAXES NOT IA'CLUDED.
TO PROVIDE 480 VOLT 3 PHASE SPLIT SYSTEM CONDENSING UNITS EXCEPT FOR THE 2 TON
UNIT, PLEASE ADD $ 3,866.00 TO THE ABOVE TOTAL COST.
TO PROVIDE 265 VOLT AMANA UNITS WITH SUBBASE, DISCONNECT SWITCH, REMOTE
THERMOSTATS FOR ALL GUEST UNITS, DRAIN KIT, WALL SLEEVE AND LOUVER, PLEASE
ADD $ 665.00 TO ABOVE TOTAL COST.
ALL WALL HEATERS AND UNIT HEATERS CAN BE CHANGED WITHOUT ADDI'T'IONAL COST.
PLEASE ADD S 6,300.00 TO TIIE ABOVE'TO'T'AL COST IF AIR BALANCING IS REQI-)IIZEI)
QUOTATIONS ARE SUBJECT TO ACCEPTANCE WITHIN 30 DAYS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ADD ANY
TAXES APPLICABLE. flVAC DISTRIBUTORS IS ONLY RESPONSIBLE FOR QUANTITIES AS LISTED ABOVE, THE MATERIAL AS SHOWN
BEING OUR INTERPRETATION OF THE REQUIREMENTS. ORDERS TAKEN ARE SUBJECT TO APPROVAL. OF OUR CREDIT DEPARTMENT.
r
ADDENDLTNI TO AIA 101
COMFORT SUITES
MECHANICSBURG, PA
RE: SUBCONTRACTOR/CONTRACTOR RETANAGE
This Addendum to the AIA101 regarding retainage to Subcontractor/Contractor draw
requests is hereby agreed between Owner and Subcontractor/Contractor that Ten Percent
(10%) shall be withheld by Owner until Fifly Percent (50%) of construction completion
and is then reduced to Five Percent (5%) for the balance of construction. Final payment
shall be paid to Subcontractor/Contractor by Owner within Thirty (30) days of
Subcontractor/Contractor completion of work.
Date:
Owner:
Insite Development, LLC
Subcontractor/Contractor:
EXHIBIT B
c
L U U L I n b __ - - -
/5332G67
p.2
'- - - -Lr U t(Y I
Heating & Cooling, Inc.
TO: INSIGHT DEVELOPMENT
1943 MONEREY DRIVE
MBCHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE: SHEET METAL AS REQUESTED BY GENE FOR BUILDING PURPOSES.
JOB COST 545$.00
C.O. No.: I
DATE: SEPTEMBER 25, 2008
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #I AMOUN7- $458,0D
DATE: CONTRACT AMOUNT $336,000.00
AUTHORIZED SIGNATURE: ai1?.
ACCEPTED _ 77M AB, VE PRICES AND SPECIFICATIONS OF THIS CHANOE ORDER ARE SATISFACTORY AND ARE
HERESY ACCEPTED. ALL WORK TO BE PERFORAIED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED M
ORIGINAL CONTRACTUNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
ER pR A BRED REPRESENT }
7002 Bats Drive
Annvilie. PA 17rni
`none: (717) 533-4777
Pax: (717) 53;i-2Q67
UCL 1 b euu" 1: 1 Ct'n 1 U 1 HL Ht.H 11 NU 6 UUUL 1 NU . *11 lbzj;f?mi'/
rota
Heating & Cooling, Inc.
CHANGE (ORDER
P•3
TO: INSIGHT DEVELOPMENT C.O. NO.: 2
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050 DATE: OCTOBER 15, 2008
PROJECT: COMFORT SUITES
WE HEMP AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE: REMOVE EQUIPMENT, MATERIAL, DUCTWORK AND LABOR TO ELIMINATE FURNACES AND AIR
CONDITIONING UNITS #1, 02, #5 AND #7 FROM CONTRACT AMOUNT.
DEDUCT $21,792.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITN THE EXISTING CONTRACT.
CHANGE ORDER #2 AMOUNT ($21,792.00)
CONTRACT AMOUNT 5336,000.00
DATE: I b Ito jvr;
AUTHORIZZED SIGNATURE: Lju ^
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HMtEBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER TIM SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
?w1YER Olt p)? } ?PRESENTA7IVE)
7032 Sates Drive
Annvills, PA 17003 Phone: (717) 5334777
Fax: (717) 533-2087
I.UUL1114a. - - - --
/1'/bU?2U67
P. 4
z?!!?to l
'eating & Cooling, Inc.
CHA- -N"E Q.RDER
TO: INSIGHT DEVELOPMENT
1443 MONEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO.: 3
DATE: OCTOBER 15, 2008
RE: VCHANGE OLT, 3 PHASE E FOSS B3 PHASE LE LU AIRE A D LC RO U ITS FROM SPECIFIED VOLTAGE TO 480
CONDENSING UNITS OVER 3-TON.
JOB COST $7,043.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND W CONFORMANCE WITH THE EXISTING CONTRACT,
CHANGE ORDER #3 AMOUNT $7,043.00
CONTRACT AMOUNT
DATE; 1 ? 4 f o $336,000.00
AUTHORIZED SIGNATURE. I?
ACCEPTED- TWE ABOVE PXJCES AND SPECIFICATIONS OF TH1S CHANGE ORDER ARE SATISFACTORY
ACCEPTED. ALL WORK T PERFORMED UNDER THE SAME IE1?(S AND CONDITIONS AS SPECIFIED IN ORIGINAL CONTRACT UNLESS g OTHERWISE 9TIPULATIif], AS S ANDARE
DATE OF ACCEPTANCE
SIGNATURE
(OWNER ZED REPM
Sates Drive
Ile. PA i mm
Phone: (717) 533-4777
(717)
533.2087
-- • ` •, .,? ncn 1 i nu a. LUUL 1 r li . 7175332067
-- - -
P-5
btal
beating & Cooling, Inc.
CHANGE 0'"ER
TO; INSIGHT DEVELOPMENT
1943 MONEREY DRIVE C•a• NO.: 4 .
MEC13ANICSr3uR0, PA 170-50 DATE: OCTOBER 15, 2008
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE. CHANOE ALL FANS, QMARK BEATERS AND PTAC UNITS TO EITHER 277 VOLTS, SINGLE PHASE OR
460 VOLTS, 3 PHASE.
JOB COST 5811.00
NOTE THIS CHANGg ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT,
CHANGE ORDER 44 AMOUNT 5811.00
CONTRACT AMOUNT
DATE; ? D its O S336,000.00
AUTHORIZED SIGNATUR$
ACCEPTED- THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
hFJMY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED?
DATE OF ACC6P7 AVCE
SIGNATURE
IO ER REPRESEh
7032 Bates D6"
Annvike, PA 170D9
"none: (717) 533-4777
Fax: (717) 533.2007
-- •• •? IU,IJL ncn?tn?a a tuUllitb. /('/5332D$7 - - - -
P.6
btal
Heating & Cowling, Inc.
CHANGE ORDER
TO; INSIGHT DEVELOPMENT
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS-
C.O. NO.: 5
DATE: OCTOBER 15, 2008
RE: CHANGE FURNACE AND AIR CONDITIONING UNIT#4 FROM A 2-TON SYSTEM TO A 3-TON SYSTEM.
JOB COST 5907.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WrM THE EXISTING CONTRACT.
CHANGE ORDER #5 AMOUNT $907.00
CONTRACT AMOUNT $336,000.00
(A CONTRACT AMOUNT $336,000.00
DATE: +t,r.I
AUTHORtUD SIGNATURE: , ',?G, .
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CF(ANOE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
S IGNAN
(0WNk7t OR ORIZED REPRESS g17y
7032 Hates Dive
Arnmriile. PA 17003 Phone: (777) 533-4777
Fax: (717) 533.2087
--- - .. ..?.....?... s ...v.??.??v. I1 100JCVbI p.
'otal
Heating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO.: 6
DATE: OCTOBER 15, 2008
RE: ADD TWO (2) EXHAUST FANS, ONE FOR ELEVATOR ROOM AND ONE FOR LAUNDRY ROOM,
JOB COST $2,065.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER R6 AMOUNT S2,06S.00
1 CONTRACT AMOUNT $336,000.00
HATE:
AUTHORIZED SIGNATURE:
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
H MBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE!
r
SIGNATU
OWNER OR A ENTA vE)
7032 Bates Drhm
Annvine, PA 17003 Phone: (717) 533-4777
Fax: (717) 533-2067
UCH Ib [UUU 1: IePM IUIHL HE HI INN L L:UULINU. /1 /t)J:j ?UIi'/
P -?
o tal
'eating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONEREy DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO.: 7
DATE: OCTOBER 15, 2008
RE: ADDA DUCTLESS CASSETTE AC-9 FOR CONFERENCE AREA ROOM #227 ON ORIGINAL DRAWINGS,
JOB COST S6,9S6.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT,
CHANGE ORDER #7 AMOUNT $6,956.00
DATE: fD1u CONTRACT AMOUNT 5336,000.00
AUTHORIZED SIGNATURE: o
ACCEPTED' THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SA77SFACMRY AND ARE
HEREBY ACCEPTED. ALL. WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTT-IERWISB STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
A?? ??MfATI
7032 Hates Drive
Annville, PA 17003 Pfwno: (717) 533-477-1
Fax: (717) 533-2067
Oct 16 2008 1: 13PM TOTRL HERTING L COOLING. 717b:JJLUb/
'otal
eating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONEREY DRIVE
MECNANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE:
C.O. NO.: 8
P. zi
DATE: OCTOBER 15, 2008
CHANGE DUCTWORK ASSOCIATED WITH UPSIZING UNIT *4
CHANGE DUCTWORK FOR UNIT #3 AS NEEDED FOR PROPER OPERATION - UNABLE TO INSTALL
DUCT AS PER DRAWINGS
CHANGE DUCTWORK IN HALLWAY OUTSIDE CONFERENCE ROOM TO GET DUCTWORK UNDER
BEAM - UNABLE TO INSTALL DUCT AS PER DRAWINGS
JOB COST S2,379.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #8 AMOUNT $2,378.00
CONTRACT AMOUNT S336,000.00
DATE: ?b I
AUTHORMD SIGNATURE:
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND COND17IONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATU
( OR A MEDREPRESENTATIVE)
7032 Bates Drive
Phone: (7l7) 533-4777
Annvilte, PA 17003
Fax: (717) 533-2067
l
u%,V 1o cuua is i Ir11 IUIYIL nthI lilt, !. LUULInG
I'1h332067 P. 2
tal
Heating & Cooling, Inc.
CHANGE GRDER
TO: INSIGHT DEVELOPMENT
1943 MONEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE: ADD TWO (2) WALL HEATERS IN LOBBY AREAS.
C.O. NO.: 9
DATE: OCTOBER 15,2008
JOB COST S796.00
NOTE: THUS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER #9 AMOUNT 5796.00
CONTRACT AMOUNT $336,000.00
DATE I oI lu 10C
AUTHORIZED SIGNATURE. l /JD
ACCEPTED -THE A30VE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE - ,I-Z'
SIGNATU
WNMSR OR D REPRESENTATIVE)
7032 Bates Drive
Annvitte, PA 17003
Phone: (717) 533-4777
Fax: (717) SM-2067
Mau 12 2008-'?*: 1?Ph TOT HEATIMG & COOLING. 71753-7067
? l
otal
Heating & Coating, Inc.
f Huc 1
CHANGEI 0RDER
TO. INSIGHT DUE OPMbN'T C.O. NO_: 10
1943 MONERE DRIVE
MECHANICSH G, PA 17050 DATE: OCTOBER 28.2008
PROJECT': COMF04T SUITES
i
WE HEREBY AGREE TC MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
RE: RELOCATE 4" L*jlAUST YIP86 FOR ROOF DRAINS TN CHA81;3.
Ion COST $1.180.06
i
i
i
NOTE: TWS CHANGE ORDER BECOMES PART OF AND IN CONPORMA.NCB WITH TTIB EXIS71NG CONTRACT.
CHANGE ORDER $10 AMOUNT $1,180.00
i CONTRACT AMOUNT 3336 000.00
DATE: ?l kcla_
AUTHORIZED 970NATI11ba
ACCEPTED - M A8O PRICES AND SPECMCATIONS OF 7711S CHANGE ORDER ARE SATISFACTORY AND ARE
HAMT ACCEPTED. A WORK TO BE P611FORMBD UNDER THE SAME TEAMS AND CONDITIONS AS SPMFIBD IN
Op"'NAL CONTRACT UMMS OTHgRWISE STTPULATBD.
DATE OP ACCEPTANS'$ f rs?
-fiMXATURB
OWN
7032 Bates Onve
Annvillo, PA 17003 Phone: (717)'S.? 4777
Fax. (717) 033-2007
Nov 12 2006 2:54PM TOT HEATING L COOLING. 71753"''067 rubt tTL
p.j
a tax. l
Batting & Cooling, Inc.
CHANGE,' WIDMEH
TO: INSIGHT DEVS6PMENT C.U. NO.; 11
1943 MONERPYI DWF-
MECHANICSBMG, PA I70SO DATE: NOVEMBER 12, 2008
i
PROJECT: COhMPtP SUIT83
i
WE HEREBY AGREE TOiMAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
i
RE: SHEET METAL AD REQUESTED BY GENE FOR BVILDING PURPOSES.
r
JOB C KT Y A Af4.00
i
I
i
NOTE: THIS CHANGE ODDER BECOMES PART OF AND IN CONFORMANCE WIT}( TM EMSr040 CONTRACT.
CHANGE ORDER NI I AMOUNT SI,054.00
OONTRACT AMOUNT 5136,000.00
DATE:
AI)THORIx.EaSiGNATUR? .?
ACCEMI) - THE ABOVE PRICMS AND M WIFICATIONS OF THIS CHANGE ORDER ARE SAT] $FACTORY AND ARE
HEM Y ACCEP M. ALL 16nRK TO BE PERMAMED UNDEA TM SAME TERMS AND CONDITIONS A S SPECIFLED IN
OlIOINAL CON7TRACT S9 OT1# MWISE STIPULATED.
DATE OP ACCEPTANCE
SIGNATURE
DRpxwmx
7032 Bgbs Drive
r n I'VYJ
PnOna: (791) S33-4777
Fax: (717) 5332067
Now 12 2008 2:6iPH
T(W HEATING L COOLING- 71753r JOG7 42
p.4
ioral
Heating ? Cooling, Inc.
CHANGE{' ORDER
TO: INSIGHT DEVEi0p %mT
1943 MOMM14,)RIVE CO. NO,: 12
MECHANICSBt;t0, PA 17050
DATE: NOVEMBER 12, 2008
PROTECT: CONFORM' SUITES
WE HEREBY AGREE TO?WAKR THE C}IANGE(S) SPECIFIED AS FOLLUWS:
RE- ADD LORfiN COd1C ROOF EXNAUS IER WITH CURB AND DUCT AS NEEDED FOR ROOMS 319,419 AND
517.
JOB COST Sim.00
NOTE: THIS CHANGE OXDHIt BECOM$3 PART OF AND PV CONFORMANCE WITH 'I'RE EXISTING CONTRACT.
CHANOE ORDER x12 AMOUNT $1,581.00
CONTRACT AMOUNT N 5336,000.00
PATE; l_ oy
AUTHORIM SIONATURE;
AOCOPTBD - 7WE ABOVE *RICES AND SPECIFICATIONS OF THIS CHANGE GIRDER ARE SATISFACTORY AND ARE
HEREBY ACCEP'M. ALL WORK TO BE PWORMED UNDER THE SA 1I TERMS AND CONDI
ORIGINAL CONTRACT' UNW33 OTFWRWISE STMULAT'ED. TIONS AS SPECIFIED IM
DATE OF ACCEPTANCE I I ''I f'.pd',?
?WW OR AUT1lOA12ED XOM TATI VE)
7092 08*5 D&m
Arwiville, PA 170M Phone: (717) 533-4777
Fwt: (11 7)533-2087
'otal
Heating 8 Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONTEREY DRIVE
MECHANICSBURG, PA 17050
PRO.IECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOW&
C.O. NO.: 13
DATE: NOVEMBER I8, 2008
RE: CHANGE EF12 FROM ROOF MOUNT TO SIDEWALL MOUNT. INSTALL FAN, GUARD AND SHUTTER
ONLY.
NOT INCLUDED: POWER WIRING. SUPPORT AND MOUNTING OF WALL SLEEVE, SCISSOR LIFT OR
SCAFFOLD AND CRANE OR BASKET LIFT.
JOB COST SI91.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER # 13 AMOUNT $191.00
CONTRACT AMOUNT $336,000.00
DATE: (I
AUTHORIZED SIGNATURE:
ACCEPTED-THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO 13E PERFORMED UNDER THE SAN4E TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OT14ERWISC STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
(OWNER OR AUTHORIZED REPRL•SENTATIVE)
7032 Bates Drive
Annville, PA 17003 Phone. (777) 533-4777
Fax: (717) 533-2067
KZE??tal
Heating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONTEREY DRIVE
MECHANICSBURG, PA 17050
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO.: 14
DATE: DECEMBER 15, 2008
RE: FIRE CAULKING, INSTALL FIRE CAULKING AT ALL FIRE RATED PENETRATIONS ACCORDING TO
ARCHITECTURAL DRAWINGS.
JOB COST 51,539.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER 914 AMOUNT $1,539.00
ORIGINAL CONTRACT AMOUNT $336,000.00
DATE: I ?- I . ?; I) ?
AUTHORIZED SIGNATURE: 'j,
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
(OWNER OR AUTHORIZED REPRESENTATIVE)
67 Awol Road Phone: (717) 648-6964
Jonestown, PA 17038 Fax, (717) 861-4718
Q?o to I
Heating & Cooling, Inc.
CHANGE ORDER
TO: INSIGHT DEVELOPMENT
1943 MONTEREY DRIVE
MECHANICSBURG, PA 1700
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS:
C.O. NO.: 15
DATE: JANUARY 23, 2009
RE: ADD DRYER VENTING ON 2N°, 3ftD AND 4"" FLOORS IN VENDING AREA AS DIRECTED BY
EQUIPMENT SUPPLIER AND NOT PART OF OUR CONTRACT.
JOB COST S501.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
CHANGE ORDER # 15 AMOUNT $501.00
ORIGINAL CONTRACT AMOUNT S336,000.00
DATE: I `i
AUTHORIZED SIGNATURE:
ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME. TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATL"D.
DATE OF ACCEPTANCE
SIGNATURE
(OWNER OR AUTHORIZED REPRESENTATIVE)
67 Awol Road Phone: (717) 648-6964
Jonestown, PA 17038 Fax: (717) 861-4718
`.Z? - otal
YeathW & Cooling, Inc.
CHANGE ORDER
TO: NSIGHT DEVELOPMENT C.O. NO.: 16
1913 MONTEREY DRIVE
MECHANICSBURG. PA 17050 DATE: APRIL 6, 2009
PROJECT: COMFORT SUITES
WE HEREBY AGREE TO MAKE THE CHANGE(S) "SPECIFIED AS FOLLOWS:
RE: RELOCATE POOL DEHUMIDIFICATION EQUIPMENT TO LOWER LEVEL AS REQUESTED. THE
FOLLOWING WILL BE INCLUDED:
- ALUMINUM DUCT
- INSULATION AND TAPE
- DUCT MASTIC
- I"STRAPS
EXTRA LINESET
- LUMBER
- STEEL WIRE
- MISCELLANEOUS FASTENERS
- LABOR
JOB COST 53,690.00
NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT.
DATE-
CHANGE ORDER 1116 AMOUNT $3,690.00
ORIGINAL CONTRACT AMOUNT $336,000.00
AUTHORIZED SIGNATURE: l
ACCEPTED- THE ABOVE PRICES AND SPECIFJCATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. ALL. WORK TO BE PERFORMED UNDER THE SANIE TERMS AND CONDITIONS AS SPECIFIED IN
ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED.
DATE OF ACCEPTANCE
SIGNATURE
(0N%%'ER OR AunioRILED REPRESENTATIVE)
67 Awol Road
Jonestown, PA 17038 Phone: (717) 648-6964
Fax: (717) 861-4718
EXHIBIT C
#725141-v l 02659-0001
!/ j (f PC-BERT P, ZIEG1£k
t tEi40R.DER OF DEED..
J M? map 12 Aft 8 42 i
i
THIS DEED i
Tax Parcel Nos. 10-14-0839-023 I
i
Mende the q4 t, day of March, in the year of our Lord two thousand seven (2007) , I
Between MT. ZION ASSOCIATES L.P., a Pennsylvania limited partnership, party of ;
the first part ("Grantor's
AND
INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company,
party of the second part ("Grantee")
WITNESSETH, that the said Grantor, for and In consideration of the sum of Eight
Hundred Forty Thousand and 00/100 ($840,000.00) Dollars lawful money of the United
States unto Grantor well and truly paid by the Grantee, the receipt of which is hereby
acknowledged, does hereby grant, bargaln, sell, alien, enfeoff, release, convey and confirm
unto the said Grantee, Grantee's successors and assigns,
LOT 5:
ALL THAT CERTAIN tract of land situate in the Township of Hampden,
Cumberland County, Pennsylvania known as Lot 5'on the Final ReSubdivislon Plans
Phase 2A and 213 for Cumberland Technology Park recorded in Plan Book 81 page 53
and bounded and described as follows:
BEGINNING at an Iron pin, said point being the southeastern comer of the
intersection of Mt. Zion Road, having a 50 foot legal righWway and Technology
Parkway, having a 80 foot legal right-of-way; thence along the southern right-of-way
line of Mt. Zion Road South 79 degrees 33 minutes 17 seconds East a distance of
180.68 feet to a point on said southem right-of-way line of ML Zion Road; thence
leaving said right-of-way line and along the property now or formerly Russel C. Mack &
Anna E. Mock 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. Mack &
Anna E. Meek South 79 degrees 33 minutes 17 seconds East a distance of 99.79 feet
to a point on the line of property now or formerly Larry S. Myers and Audrey M. Myers;
thence along said property now or formerly Larry S. Myers and Audrey M. Myers South
26 degrees 08 minutes 36 seconds West a distance of 272.25 feet to an iron pin, said
point being the common comer 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-
SLl 707568vl/000000.00000
279
-r
i.
I
ilk
i
. I.
11 -
.1
.I
.I
,;.,
... ...A. .
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 fine 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 One of Technology Parkway; thence continuing along the eastern
right-of-way line of Technology Parkway along a curve to the right having a radius of
25.00 feet and a length of 39.26 feet to an iron pin on the eastern right-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 A portion of property which McNaughton Properties, Inc., a Pennsylvania
corporation, by deed dated November 4, 1997 and recorded November 5, 1997 in
Cumberland County Deed Hook 167, Page 327, granted and conveyed unto Mt. Zion
Associates L.P., a Pennsylvania Limited Partnership.
Being Tax Parcel 10-14-0639-023
UNDER AND SUBJECT to all restrictions, reservations, easements, covenants,
conditions and rights-of-way of record.
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging or in anywise appertaining and the reversions and remainders,
rents, issues and profits thereof and all the estate, right, title, interest, property, claim
and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the
same and every part thereof.
TO HAVE AND TO HOLD the above-described premises with the
appurtenances unto the Grantee, Grantee's successors and assigns, forever.
AND the said Grantor hereby covenants and agrees that it will warrant specially
the property hereby conveyed.
SL! 7075690/000000.00000
'w6i 279 PACE 397
i ,
I
.i
.i
i
i
i
N'
i.
,j .
.I
i! i
In Witness Whereof, the Grantor has hereunto set its hand and seal the day and year
first above written.
ATTEST:
(Asst.) Secretary
Mt. Zion Associates, L. P. by its sole
General Partner, ML Zion Associates, Inc.
By: -44.
PPhilfp Markovitz
Vice President
Commonweal, f Pennsylvania
County, of
On this, the ,? day of March, 2007, before me, a Notary Public, the
undersigned officer, personally appeared PhINp Markovk Vice President of Mt. Zion
Associates, Inc., a Pennsylvania corporation, the sole general partner of Mt. Zion
Associates L.P., a Pennsylvania limited partnership, known to me (or satWacto
proven) to be the person whose name is subscribed to the within deed and
acknowledged that he as such officer executed the same for the purp
contained on behalf of the corporation, as general partner of the limited
In Witness Whereof, I hereunto set my lfanV and oficiat seal.
Mss
DEDOW N. Koons,"ANIc No ry Pu k:
SWdX T"L, Dauphin
Canuelon ,lune8 My C sslon Expires:
ww ?
I Hereby Cwthfythat the precise residence of the Grantee is:
1943 Monterey Drive.
Mechanicsburg, PA 17050
SL I 707568x1/000000.00000
Attomey for. Grantee
F66K 279 PdcE age
! .I
i
i I
r
i :
i
i
I
!
i?
f?
.l
Commonwealth of Pennsylvania
: SS.:
County of Cumbertand
Recorded on this day of , 2008, in the Cumberland
County Recorder of Deeds Office in Record/Dead Book , Volume , Page
Given under my hand and the seal of the said Office the date above written.
Cumberland County Recorder of Deeds
S:1LegailDeedalCumberiandTech-DeedtolnsheDev.wpd 3!910712:58 PM
I Certify this to be recorded
fn Cumberland County PA
a'• Recorder of Deeds
X4041090
R4 W. X . I g o 1 1
C1 9-90.0
1
WX 279 PACE 399
SLI 707568v1/000000.00000
a? m
100 O ?R ? 4J ha ?} Mµ+. ?r Q ? ?..
0S" ?_:8$419 9IC143 o?9 90
w
t.
CJ>)
`+J
.M
;T
2
?n
U
?• ti
? h
1
1 ?
.i
1
! 1
,I
J:
1.
I.
I
!
11 .
1 .
1 1
1,:1
1 ?
1 ;? I
1 ?
I I ?
?f
I'
:1.
I I
I I ?I
I t
.1
1 I?
.i
EXHIBIT B
` i r
OF TK
OF !'..
j
Cohen Seglias Pallas Greenhall & Furman, PC
Jason A. Copley, PA I.D. # 72774
jcopley@cohenseglias.com
Steven M. Williams, PA I.D. # 62051
swilliams@cohenseglias.com
240 N. Third Street, 7`l' Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
TOTAL HEATING & COOLING, INC.,
Claimant
V.
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 09-4276-MLD
PRAECIPE REGARDING SERVICE
To the Prothonotary:
Please accept for filing the attached Affidavit of Service of Notice of Filing of
Mechanics' Lien, evidencing service of the Mechanics' Lien Claim and Notice of Filing of the
Mechanics' Lien Claim in this case on Defendant.
C t
Date: 1140 CL
Respectfully submitted,
Cohen, Seglias, Pallas,
Greerall & Furman, P.C.
Jason A. Copley, PA I.D. #72774
Steven A Williams, PA I.D. #62051
240 North Third Street, 7`h Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Claimant
i i
TOTAL HEATING & COOLING, INC.,
Claimant
vi.
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 09-4276-MLD
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid,
this day to the following:
Insite Development, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
and
4569 Mount Zion Road
Mechanicsburg, Pennsylvania 17050
also known as
2055 Technology Parkway
Mechanicsburg, Pennsylvania 17050
Respectfully Submitted,
Cohen Seglias Pallas
Greenhall & Furman, PC
Date: q(C? By:
A son A. Zo an, Lz Assistant
,
TOTAL HEATING & COOLING, INC.,
Claimant
vii.
INSITE DEVELOPMENT, LLC
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 09-4276-MLD
Affidavit of Service of Notice of Filing of Mechanics' Lien
Being duly sworn according to law, I hereby depose and say:
1. I am an adult individual, 29 years old and duly authorized to make this Affidavit on
behalf of Total Heating & Cooling, Inc.
2. On June 24, 2009, I filed a Mechanics' Lien Claim in the above captioned matter on
behalf of Claimant, Total Heating & Cooling, Inc.
3. On June 24, 2009, I provided the Cumberland County Sheriff's Department with a
time-stamped copy of the Mechanics' Lien Claim and Notice of Filing of Mechanics'
Lien Claim for the purpose of serving the Owners/Reputed Owners, who are the
reputed owners of the property on which the lien is asserted.
4. On July 6, 2009, the Cumberland County Sheriff's Department served the Mechanic's
Lien Claim and Notice of Filing of Mechanics' Lien Claim on the Owners/Reputed
Owners by hand delivering copies. Attached hereto as Exhibit A, evidencing service
on the Owners/Reputed Owners, are a true and correct copies of the Cumberland
County Sheriff's Return of Service.
of %
My Commission Expires:
Sworn to and subscribed to be ore me, a Notary
??ayof ,?2009.
Public, ttPulisblic
Alison A. Zortman NOTARIAL SEAL
STEPHANIE SCHUBERT, NOTARY PUBLIC
CITY OF HARRISBURG, DAUPHIN COUNTY
MY COMMISSION EXPIRES SEPT 25, 2010
EXHIBIT A
#725147-v1 02659-0001
Ju 1. 8. 2009 1:19PM
tt Thomas Klinc
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Total Heating & Cooling, Inc.
vs.
Insite Development, LLC
Sheriffs Office of Cumberland County
?,?u?ttti' of ?utn5crlti??
OFAC8 OF ThE SHERIFF
SHERIFF'S RETURN OF SERVICE
No. 9861 P. 1
Case Number
2009-4.276
07/06/2009 03:40 PM - Ron Kerr, Deputy Sheriff, who being duly swom according to law, states that on July 6, 2009 a
1540 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, defendant at 1 Courthouse Square,
Room 303 Carlisle, Cumberland County, Pennsylvania 170143 its contents and at the same time handing
to him personally the said true and correct copy of the same.
07/06/2009 03:40 PM - Ron Kerr, Deputy Sheriff, who being duly swam according to law, states that on July 6, 2009 a
1540 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, defendant at 1 Courthouse Square,
Room 303 Carlisle, Cumberland County, Pennsylvania 170143 its contents and at the same time handing
to him personally the said true and correct copy of the same.
SHERIFF COST: $53.44
July 07, 2009
SO ANSWERS,
tooooaw?
R THOMAS KLINE. SHERIFF
/?
Deputy Sheriff
VERIFICATION
I etH AAtl i2rz?u have read the foregoing Complaint and hereby affirm
and verify that it is true and correct to the best of my knowledge, information and belief. I verify
that all of the statements made in the foregoing Complaint are true and correct and that false
statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating
to unsworn falsification to authorities.
TOTAL HEATING & COOLING, INC.
Date:
C- 6CO-'?
RL'".?.,?,
1112 p f1 ;rArj
u V
2009 JUL. d20 pi "',: I; .3
CUMBF it
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
CWPCE T,. S"ERIFF
2009 VIUl 30 AM I0: 3 3
L0 z
Total Heating & Cooling, Inc.
vs.
Insite Development, LLC
Case Number
2009-4276
SHERIFF'S RETURN OF SERVICE
07/24/2009 03:30 PM - Timothy Reitz, Corporal, who being duly sworn according to law, states that on July 24, 2009
at 1530 hours, he served a true copy of the within Notice, Complaint in Action Upon Mechanics Lien
Claim, upon the within named defendant, to wit: Insite Development LLC, by making known unto Don
Irwin, president at 1 Courthouse Square Room 303 Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to him personally the said true and correct copy of the same.
07/24/2009 03:30 PM - Timothy Reitz, Corporal, who being duly sworn according to law, states that on July 24, 2009
at 1530 hours, he served a true copy of the within Notice, Complaint in Action Upon Mechanics Lien
Claim, upon the within named defendant, to wit: Insite Development LLC, by making known unto Don
Irwin, president at 1 Courthouse Square Room 303 Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $44.44
July 24, 2009
SO ANSWERS,
C00:00'4jjjeM0'*
vo&?
R THOMAS KLINE, SHERIFF
Corpor l
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY OF PENNSYLVANIA
TOTAL HEATING AND COOLING,
INC, Civil Action - Law
Plaintiff,
No. 09-4276 MLD
V.
INSITE DEVELOPMENT, LLC,
Defendant/Owner.
NOTICE TO PLEAD
TO: Total Heating and Cooling, Inc., Plaintiff
c/o Jason A. Copley, Esquire
Cohen, Seglias, Pallas, Greenhall & Furman
240 North 3`d Street
Harrisburg, PA 17101
You are hereby notified to file a written response to the enclosed Answer With New
Matter to Plaintiffs Complaint in Action Upon Mechanic's Lien Claim within twenty (20) days
from service hereof or a judgment may be entered against you.
POST & SCHELL, P.C.
B .
homas L. Isenberg, Jr.,
Attorney I.D. No. 76652
Post & Schell, P.C.
17 North Second Street, 12th Fl.
Harrisburg, PA 17101
Telephone: 717-612-6035
Facsimile: 717-731-1985
E-mail: tisenberg@postschell.com
Attorneys for Defendant
Date: September 9, 2009
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY OF PENNSYLVANIA
TOTAL HEATING AND COOLING,
INC, Civil Action - Law
Plaintiff,
No. 09-4276 MLD
V.
INSITE DEVELOPMENT, LLC,
Defendant.
INSITE DEVELOPMENT, LLC'S ANSWER WITH NEW MATTER
TO COMPLAINT IN ACTION UPON MECHANICS' LIEN CLAIM
Defendant, Insite Development, LLC, by and through its counsel, Post & Schell, P.C.,
respectfully files this Answer with New Matter to Plaintiff, Total Heating and Cooling Inc.'s
("THC") Complaint and, in support thereof, states the following:
1. Admitted upon information and belief.
2. Admitted.
3. Denied. The allegations contained in Paragraph 3 of Plaintiff's Complaint contain
legal conclusions to which no responsive pleading is required. To the extent a response is
deemed necessary, Insite Development, LLC specifically denies the same.
4. Denied. The allegations contained within Paragraph 4 of Plaintiff's Complaint
contain legal conclusions to which no responsive pleading is required. To the extent a response
is deemed necessary, Insite Development, LLC specifically denies the same. By way of further
answer, the allegations contained within Paragraph 4 relate to or reference certain documents, the
terms, conditions, and contents of which speak for themselves.
6sszoo7vl
5. Denied. The allegations contained within Paragraph 5 contain legal conclusions
to which no responsive pleading is required. To the extent a response is deemed necessary,
Insite Development specifically denies the same.
6. Denied. The allegations contained within Paragraph 5 contain legal conclusions
to which no responsive pleading is required. To the extent a response is deemed necessary,
Insite Development specifically denies the same. By way of further answer, the allegations
contained within Paragraph 6 relate to or reference a document, the terms, conditions, and
contents of which speak for itself.
7. Denied. After responsible investigation, Insite Development is without
knowledge or information sufficient to form a belief as to the truth of the allegations contained
within Paragraph 7. Strict proof thereof is demanded at time of trial.
8. Denied. It is admitted only that THC commenced work at the property on or
about September 24, 2008. It is specifically denied that THC substantially completed its work
on or about April 6, 2009. By way of further answer, THC has failed to substantially complete
its work.
9. Denied. The allegations contained within Paragraph 9 contain legal conclusions
to which no responsive pleading is required. To the extent a response is deemed necessary,
Insite Development specifically denies the same.
10. Denied. allegations contained within Paragraph 10 contain legal conclusions to
which no responsive pleading is required. To the extent a response is deemed necessary, Insite
Development specifically denies the same. By way of further answer, it is admitted that Insite
Development has refused to make payment in the amount of $107,018.51 to THC as demanded.
It is specifically denied that Insite Development has any such obligation to make such payment.
-2-
11. Denied. The allegations contained within Paragraph 5 relate to or reference a
document, the terms, conditions and contents of which speak for itself. By way of further
answer, it is admitted only that THC filed a Mechanics' Lien Claim in the amount of
$107,018.51 as docketed above.
12. Admitted.
WHEREFORE, Insite Development, LLC respectfully requests this Honorable Court to
enter judgment in its favor and against that of Plaintiff, Total Heating and Cooling, Inc.
NEW MATTER
13. Paragraphs 1 through 12 above are incorporated herein by reference as if set forth
in full.
14. Plaintiffs claims are barred, in whole or in part, by the doctrines of laches,
waiver, and estoppel.
15. Plaintiff's claims are barred, in whole or in part, by the doctrines of accord and
satisfaction.
16. Plaintiff's claims are barred, in whole or in part, by the doctrine of novation.
17. Plaintiff's claims are barred, in whole or in part, by the doctrine of payment.
18. Plaintiff has failed to set forth a claim upon which relief can be granted.
19. Plaintiffs claims are barred inasmuch as Plaintiff has failed to strictly comply
with the Pennsylvania Mechanics' Lien Law.
20. Plaintiffs claims are barred as result of Plaintiff's failure to abide by the dispute
resolution provision of the contract entered into by and between the parties.
21. Plaintiff's claims are barred pursuant to the applicable statute of limitations.
-3-
22. Change orders submitted by Plaintiff were not properly approved and submitted
in accordance with the contract entered into by and between the parties and as such, Plaintiff is
not entitled to payment for the same.
23. Work performed by the Plaintiff was not performed in workman-like manner.
24. Plaintiff billed Defendants for work for which it is not entitled to payment.
25. Plaintiff failed to complete its work on the Property.
WHEREFORE, Insite Development, LLC respectfully request this Honorable Court to
enter judgment in their favor and against that of the Plaintiff, Conewago Enterprises, Inc.
POST & SCHELL, P.C.
c
BY:
Th mas L. Isenbe uire
Attorney I.D. No. 76652
Post & Schell, P.C.
17 North Second Street, 12th Fl.
Harrisburg, PA 17101
Telephone: 717-612-6035
Facsimile: 717-731-1985
E-mail: tisenberg@postschell.com
Attorneys for Defendant
Date: September 9, 2009
-4-
VERIFICATION
I, ?j?1r/?t-..T.? • ?,2as?i,? , do hereby verify that I am the
of Insite Development, LLC and have been authorized to execute this
Verification on its behalf. I hereby verify that the foregoing is true and correct to the best of my
knowledge, information, and belief. This Verification is made subject to the penalties of 18 Pa.
C.S. §4904 relating to unswom falsification to authorities.
INSITE DEVELOPMENT, LLC
BZ'
DATE: 15?10?1
CERTIFICATE OF SERVICE
I, Thomas L. Isenberg, Jr., Esquire, of Post & Schell, P.C., do hereby certify that I caused
to be served a true and correct copy of the foregoing Insite Development, LLC's Answer With
New Matter To Complaint In Action Upon Mechanics' Lien Claim to be served on the following
parties/counsel of record by U.S. Mail, First-Class, postage prepaid, as follows:
Jason A. Copley, Esquire
Cohen, Seglias, Pallas, Greenhall & Furman
240 North P Street
Harrisburg, PA 17101
Counsel for Plaintiff
POST & SCHELL, P.C.
By: --
Thomas L. Isenberg, Jr., Esquire
Date: September 9, 2009
FILED-O PCE
OF THE PFOCTHOC NOTARY
2009 SEP -9 AM 8: ! j
cuklj 1 Y
h'L.?E+?. ;.:irk\r•??!?=.
Cohen Seglias Pallas Greenhall & Furman, PC
Jason A. Copley, PA I.D. # 72774
jcopley@cohenseglias.com
Michael L. Solomon, PA I.D. # 36031
msolomon@cohenseglias.com
240 N. Third Street, 76' Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Plaintiff/Claimant
TOTAL HEATING & COOLING, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Claimant
V.
NO.: 09-4276-MLD
INSITE DEVELOPMENT, LLC
Defendant/Owner
: JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
Plaintiff/Claimant, Total Heating & Cooling, Inc., by and through its counsel, Cohen
Seglias Pallas Greenhall & Furman, P.C., respectfully files this Reply to New Matter of
Defendant/Owner, Insite Development, LLC:
13. Plaintiff incorporates its Complaint by reference as if more fully set forth herein.
14. The allegations of this Paragraph constitute conclusions of law to which no response is
required. Therefore, these allegations are denied.
15. The allegations of this Paragraph constitute conclusions of law to which no response is
required. Therefore, these allegations are denied.
16. The allegations of this Paragraph constitute conclusions of law to which no response is
required. Therefore, these allegations are denied.
17. The allegations of this Paragraph constitute conclusions of law to which no response is
required. Therefore, these allegations are denied.
18. The allegations of this Paragraph constitute conclusions of law to which no response is
required. Therefore, these allegations are denied.
19. The allegations of this Paragraph constitute conclusions of law to which no response is
required. Therefore, these allegations are denied. By way of further denial, Plaintiff's
have complied in all respects with the Pennsylvania Mechanics' Lien law.
20. The allegations of this Paragraph constitute conclusions of law to which no response is
required. Therefore, these allegations are denied.
21. The allegations of this Paragraph constitute conclusions of law to which no response is
required. Therefore, these allegations are denied.
22. Denied. By way of further denial, all change order work was done at the direction of the
Defendant, and, consequently, Plaintiff is entitled to payment for the same.
23. Denied. Plaintiff has completed all work for Defendant in a timely, workmanlike, and
complete manner.
24. Denied. By way of further denial, Plaintiff did not invoice Defendant for work upon
which it was not entitled to payment.
25. Denied. By way of further denial, Plaintiff substantially completed all work on the
Property, and to the extent there was work to be completed, but was not, the reason for
2
the lack of completion is entirely related to Defendant's non-payment for work
previously performed and completed in a workmanlike manner by Plaintiff.
WHEREFORE, Plaintiff/Claimant, Total Heating & Cooling, Inc., respectfully requests
that this Honorable Court enter judgment in its favor and against Defendant/Owner, Insite
Development, LLC, as follows:
a. for the amount of $107,018.51;
b. determining that Total Heating & Cooling, Inc.'s Mechanics' Lien Claim is a
valid Mechanics' Lien upon the Property of Insite Development, LLC, as defined
herein;
c. directing that Insite Development, LLC pay to Total Heating & Cooling, Inc. the
amount of $107,018.51 due and owing to Total Heating & Cooling, Inc.;
d. directing that Insite Development, LLC pay to Total Heating & Cooling, Inc. the
costs of this action and interest;
e. and granting such other relief that this Court deems just and proper.
Respectfully submitted,
Cohen Seglias Pallas
Greenhall & Furman, P.C.
r
Date: q
Jaso A. Copley, PA P. #72774
Michael L. Solomon, PA I.D. #36031
240 North Third Street, 7t' Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Plaintiff/Claimant
3
VERIFICATION
I, P w44w L*-S 0"rtrT.4 .c._, have read the foregoing Complaint and hereby affirm
and verify that it is true and correct to the best of my knowledge, information and belief. I verify
that all of the statements made in the foregoing Complaint are true and correct and that false
statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating
to unsworn falsification to authorities.
TOTAL HEATING & COOLING, INC.
Date: c( By:
4
. t
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Reply was sent by first class, postage prepaid mail this
day to the following:
Thomas L. Isenberg, Jr., Esquire
Post & Schell, P.C.
17 North Second Street, 12'h Floor
Harrisburg, PA 17101
Attorney for Defendant/Owner
Respectfully submitted,
Cohen Seglias Pallas
Greenhall & Furman, P.C.
Date: (?/ajllo By: jhjY/ ?4i ,
Alison A. Zortman, al Assistant
#800212-v1 02659-0001
2009 S f" 25 1'r .2 : w 9
C