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HomeMy WebLinkAbout10-3442illy ZJ101 ., ' '-) .' ! ; J L?vt?'f ??'V iY Cohen Seglias Pallas Greenhall & Furman, PC 11-kSon A. Copley, PA I.D. # 72774 jcopley@cohenseglias.com Michael L. Solomon, PA I.D. # 36031 msolomon@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 Attorneys for Plaintiff Total Heating and Cooling, Inc., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO.: 10 -34a 0 tv'4 let'I1'1 Insite Development, LLC and Don Erwin, Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the Complaint contained 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. O 4Q21.00 PQ AT7Y alt 43(0 pw &q &577 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion 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 accion 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 reclamacion 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 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Cohen Seglias Pallas Greenhall & Furman, PC Jason A. Copley, PA I.D. # 72774 icopley@cohenseglias.com Michael L. Solomon, PA I.D. # 36031 msolomon@cohenseglias.com 240 N. Third Street, 7 h Floor Harrisburg, PA 17101 Attorneys for Plaintiff Total Heating and Cooling, Inc., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : V. NO.. Insite Development, LLC and Don Erwin, : Defendants COMPLAINT Plaintiff, Total Heating and Cooling, Inc., by and through its undersigned counsel, Cohen Seglias Pallas Greenhall & Furman, P.C., hereby submits this Complaint against Insite Development, LLC and Don Erwin, and in support thereof, avers as follows: PARTIES 1. Plaintiff, Total Heating and Cooling, Inc. ("Total") is a Pennsylvania corporation with its principal place of business located at 67 Awol Drive, Jonestown, Pennsylvania 17038. 2. Insite Development, LLC ("Insite") is a Pennsylvania limited liability company that maintains a place of business located at 1943 Monterey Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania 17050. 3. Defendant, Don Erwin, is an adult individual who resides at 1943 Monterey Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania 17050. 4. Jurisdiction and venue are proper in this Court because Plaintiffs cause of action arose in Cumberland County. 5. The amount in controversy in this case exceeds $50,000 as required by the Cumberland County Local Rules regarding compulsory arbitration. FACT APPLICABLE TO ALL COUNTS 6. Total entered into a written agreement with Insite dated March 24, 2008 (the "Contract") to supply materials and perform certain work at the Property, (the "Work"), all as requested by Insite, in connection with its construction of a Comfort Inn/Suites Hotel at 2055 Technology Parkway (also known as 4569 Mount Zion Road), Hampden Township, Cumberland County, Pennsylvania (the "Property"). A true and correct copy of the Contract is attached as Exhibit A hereto and is incorporated herein by reference. 7. After the execution of the Contract, Total and Insite entered into sixteen written Change Orders to the Contract (the "Change Orders"). True and correct copies of the Change Orders are collectively attached hereto as Exhibit B and are incorporated herein by reference. 8. The total price agreed to between Total and Insite for the Contract and Change Orders was Three Hundred Forty-Five Thousand Three Hundred Eighty-Eight Dollars ($345,388.00), but Total did not perform all of their Work originally scoped under the Contract and Change Orders. 9. The total price for the foregoing Work completed by Total (after credit to Insite for Work not performed) was Three Hundred Forty Five Thousand Three Hundred and Eighty Eight Dollars ($345,388.00). 10. Total commenced Work at the Property on or about September 24, 2008, and Total substantially completed the Work for which it seeks payment on or about April 6, 2009. 11. Insite paid Total Two Hundred Thirty Two Thousand Nine Hundred Seventy Seven Dollars and 49/100 ($232,977.49) for Total's Work at the Property, leaving a balance of One Hundred Twelve Thousand Four Hundred Ten Dollars 51/100 ($112,410.51) due and owing to Total. COUNT I - BREACH OF CONTRACT (TOTAL v. INSITE) 12. Paragraphs 1 through 11 are incorporated herein as though fully set forth. 13. Total and Insite entered into the Contract and Change Orders for performance of services and provision of materials by Total at the Property. 14. The Contract and Change Orders constitute binding contracts between the parties. 15. As required by the Contract and Change Orders, Total substantially performed under the terms of the Contract and Change Orders. 16. Pursuant to the Contract and Change Orders, Total billed Insite the sum of Three Hundred Forty Five Thousand Three Hundred Eighty Eight Dollars ($345,388.00) for its Work under the Contract and Change Orders. IT Despite demand, Insite has failed and refused to make payment of the One Hundred Twelve Thousand Four Hundred Ten Dollars and 511100 ($112,410.51) that remains due and owing to Total for its Work at the Property, and, therefore, is in breach of the Contract. 18. Insite's failure to pay Total the amounts demanded constitutes a breach of the Contract and Change Orders. 19. As a result of this breach, Total has sustained damages of One Hundred Twelve Thousand Four Hundred Ten Dollars and 511100 ($112,410.51). 20. Total is entitled to recover pre judgment interest from April 6, 2009, the date on which the sums demanded herein were due, and post judgment interest, all at the rate of six percent (6%) per annum until payment in full by Insite. WHEREFORE, Plaintiff requests this Court to enter judgment in its favor and against Defendant, Insite Development, LLC, in the amount of One Hundred Twelve Thousand Four Hundred Ten Dollars and 511100 ($112,410.51), plus costs, pre judgment and post judgment interest, and all other remedies that this Court deems just and proper. COUNT II - QUANTUM MERIT/UNJUST ENRICHMENT (TOTAL v. INSITE) 21. Paragraphs 1 through 20 are incorporated herein as though fully set forth. 22. Total has performed work for Insite in the total value of Three Hundred Forty Five Thousand Three Hundred Eighty Eight Dollars ($345,388.00). Insite has sustained a financial benefit from the services and materials provided by Total in its performance of the Work. 23. Total, however, has only received payment of Two Hundred Thrity Two Thousand Nine Hindred Seventy Seven and 49/100 Dollars ($232,977.49) for its work. 24. It would be unjust and inequitable, and would unjustly enrich Insite to the detriment of Total, to allow Insite to benefit from the Work provided by Total without paying Total for the value of the services and materials provided. 25. Accordingly, Total is entitled to compensation from Insite for its Work totaling One Hundred Twelve Thousand Four Hundred Ten Dollars and 511100 ($112,410.51). 26. Total is entitled to recover prejudgment interest, from April 6, 2009, the date on which the sums demanded herein were due, and post judgment interest, all at the rate of six percent (6%) per annum until payment in full by Insite. WHEREFORE, Plaintiff, Total Heating and Cooling, Inc. requests this Court to enter judgment in its favor and against Defendant, Insite Development, LLC in the amount of One Hundred Twelve Thousand Four Hundred Ten Dollars and 511100 ($112,410.51), plus costs, pre- judgment and post judgment interest, and all other remedies that this Court deems just and proper. COURT III - VIOLATION OF PENNSYLVANIA CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT (TOTAL V. INSITE) 27. Paragraphs 1 through 26 are incorporated herein as though fully set forth. 28. Total is a "contractor" within the meaning of 73 P.S. § 503. 29. Insite is an "owner" within the meaning of 73 P.S. §503. 30. The Work performed by Total under the Contract is an "improvement" to "real property" within the meaning of 73 P.S. § 503. 31. The refusal of Insite to pay Total for the labor and materials Total provided violates the terms of 73 P.S. § 501, et. seq., entitling Total to interest, penalties and attorneys' fees. 32. The aforementioned damages will continue to accrue during the pendency of this action. 33. To date, interest has accrued in the amount of Fourteen Thousand Six Hundred Thirteen Dollars and 37/100 ($14,613.37). 34. To date, Penalties have accrued in the amount of $ Fourteen Thousand Six Hundred Thirteen Dollars and 37/100 ($14,613.37). 35. Thus, the total amount owed by Insite as of May 14, 2010 is One Hundred Forty One Thousand Six Hundred Thirty Seven and 24/100 ($141,637.24). WHEREFORE, Plaintiff, Total Heating and Cooling, Inc. requests this Court enter judgment in its favor and against Defendant, Insite Development, LLC, in the amount of One Hundred Forty One Thousand Six Hundred Thirty Seven and 24/100 ($141,637.24), together with additional interest and penalties that accrue after May 14, 2010, attorneys' fees, costs and all other remedies that this Court deems just and proper. COUNT IV - BREACH OF CONTRACT (TOTAL v. INSITE DEVELOPMENT, LLC) 36. Paragraphs 1 though 35 are incorporated herein as though fully set forth. 37. On May 20, 2009, Defendant, Insite Development, LLC, executed a Promissory Note payable to Total Heating and Cooling, Inc. in the amount of One Hundred Twelve Thousand Dollars ($112,000.00). A true and correct copy of the Promissory Note is attached as Exhibit C hereto and incorporated herein by reference. 38. The Promissory Note was executed by Don Erwin in his capacity as "President" of Defendant, Insite Development, LLC, and individually as "Don Erwin". 39. The Promissory Note constitutes a binding obligation of Insite Development, LLC, to pay the amount of the Promissory Note as and when due. 40. The Promissory Note was due on and after November 20, 2009. 41. Despite demand thereafter, Defendant, Insite Development, LLC, has failed and refused to make payment of the One Hundred Twelve Thousand Dollars ($112,000.00) provided for in the Promissory Note that remains due and owing to Total by Defendant, Insite Development, LLC, which is, therefore, in breach of the Promissory Note. 42. As a result of this breach, Total has sustained damages of One Hundred Twelve Thousand Dollars ($112,000.00), plus interest at the rate of six percent (6%) per annum. 43. To date, interest has accrued in the amount of Six Thousand Five Hundred Ninety One Dollars 12/100 ($6,591.12). WHEREFORE, Plaintiff requests this Court to enter judgment in its favor and against Defendant, Insite Devleopment, LLC, in the amount of One Hundred Twelve Thousand Dollars and 00/100 ($112,000.00), plus costs, pre judgment and post judgment interest, attorneys' fees and all other remedies that this Court deems just and proper. COUNT V - BREACH OF CONTRACT (TOTAL v. DON ERWIN) 44. Paragraphs 1 through 43 are incorporated herein as though fully set forth. 45. On May 20, 2009, Defendant, Don Erwin, executed a Promissory Note, payable to Total Heating and Cooling, Inc., in the amount of One Hundred Twelve Thousand Dollars and 00/100 ($112,000.00). A true and correct copy of the Promissory Note is attached as Exhibit C hereto and is incorporated herein by reference. 46. The Promissory Note was executed by Don Erwin in his capacity as "President" of Defendant, Insite Development, LLC, and individually as "Don Erwin". 47. The Promissory Note constitutes a binding obligation of Don Erwin to pay the amounts of the Promissory Note as and when due. 48. The Promissory Note was due on November 20, 2009. 49. Despite demand thereafter, Defendant, Don Erwin has failed and refused to make payment of the One Hundred Twelve Thousand Dollars and 00/100 ($112,000.00) provided for in the Promissory Note that remains due and owing to Total by Defendant, Erwin, who is, therefore, in breach of the Promissory Note. 50. As a result of this breach, Total has sustained damages of One Hundred Twelve Thousand Dollars and 00/100 ($112,000.00) plus interest at the rate of six percent (6%) per annum. 51. Total is entitled to recover pre judgment interest from May 20, 2009, the date on which the sums demanded herein were due, and post judgment interest, all at the rate of six percent (6%) per annum until payment in full by Insite. WHEREFORE, Plaintiff requests this Court to enter judgment in its favor and against Defendant, Don Erwin, in the amount of One Hundred Twelve Thousand Dollars and 00/100 ($112,000.00), plus costs, pre judgment and post judgment interest, attorneys' fees and all other remedies that this Court deems just and proper. Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, PC Date: l;? C lJ By: Jason A. C p #72774 jcopley@ohenseglias.com Michael L. Solomon, ID # 36031 msolomon@cohenseglias.com 240 North Third Street, 7c" Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff VERIFICATION I, Charles Hartzell, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my knowledge, information and belief. I verify that all of the statements made in the foregoing Complaint are true and correct and that false statements made therein may subject me to the penalties of IS Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: j ? ( 4?--) #971111-v 102659-0001 AIA Document A101"- 2007 Standard Form Agreement Between Owner and Contractor where the basis of p yment is a Stipulated Sum In IL / AGREEMENT made as of4e 2g? day of pv[A?Gf j in the year ?$ (!n words. ini care day, nth and year) gETWE>:N the Owner. (Naive. addrrsr and or4r - jormanon) and the Contmaor: (Name. addre•ts and other n(ornwrion) for the following projxt: (Name, location, and dtt ed description) A-t TW Architect: (Na-. addrrrs and otlte .ff?HThe Owner and ConDwx -17 Pr-X Las follows. 70-1--9-?17-`7,;77- ADD[Tfpf+iS AND DELETIONS: The author of this oocumeru has added intonnation needed for Its camplelian. The author may also have mvided the Wd of the original AIA standaat form. An Ad7Nlwts and Deletions Reporrthat notes added lnformakm as well as ravtslons to the standard form text is available from the author and should be ravlRwed. A vertical line In the let! margin of this document indicates where the author has added necessary Infpm ation and where the author has added to or deleted ham tho otlginal AIA text This document has important legs! Consequences. CGIMISU1118110A With an aaarney Is enmunWd with respect In hs cmgiation or modification. AIA Doev nerdA2oj--2oD7, General Conditions of the Contract for Construction. Is adopted in 04s document by reference, Do not use with other general condstiOns unless Ws dowment is modifled. AIA rlpcvmisnl A101TM -1877. CJOpyrlght l0 1915, 1918, 1H25, 1P37. 1851, 1852, IP131, 1999, ID67, 1974, 1977, 1.`157, 1991, 1997ar02007 by The A-i.o - Inc.til?IU of A-Inz c.. 11 rlphtn TN5 dx -oz wee pluducsJ by AIA nohwnm al 10:31:57 on 03.9420DP 11n.4u Order hn,1000329317_ 1 whv-h fle;ra n 11/15,12000, and 15 n0110r resa, User Nota6: (267o40 f OS?) Y i•?•• _ 04/01/2008 10:4N fA1 !110aJ1pj1 Ella, 7 TERMINATION OR USPENSION a MISCELLANEOUS ROVISIONS 9 EE U MERATION CONTRACT DOCUMENTS 10 INSURANCE AND ONDS TABLE OF ARTICLES 1 THE CONTRACT D CUMENTS T THE WORK OF TH CONTRACT 3 DATE OF COMM CEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM t ! 5 PAYMENTS ( 1 6 DISPUTE RESOL N ARTICLE 1 THE CONT 0 OCl1UENTS The Contract Dorsiments racist 'this Agreement, Corlditiona of the Contract (Genera), Supplementary and other Conditions). Drawings. S Addenda issued prior to execution of this Agreement, other documents )istcd in this Agreement and h 'cations issued after execution of this Agre=cnt, all of which form the Contract, and are as ftdly a Bart of the *tract as if auached to this Agreetnept or trpeated herein. The Contract represents the entire and integrated agr t betweto the paties hereto and supersedes prior negotiations, repnesmtations or agreevm:tts, either written r oral. An emm=-ation of the Contract Documents, other than 5 Modification, appears in Article 9. ARTICLE? THE WORK 0 THIS CONTRACT The Contractor shall fully xecote the Work described in the Contract Dacurnents, except as specifically indicated in the Contract Documents bo the responsibility of others. ARTICLE 3 DATE OF Co NCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of of ttm Work shall be the date of this Agreement unless a different data is stated below or provision is for the date to be fixed in a notice to proceed Issued by the Owner. (Insert the dare of comme ement if it there from the dare of this Agreement or, if applicable, state that the date will be.?d in a notice ro roceedI) If. prior to the cornmencetent of the Weak, the Owner =quires time to file mortgages and othes security interests, the Owner's time require nt shall be as hollows: § 3.4 The Contract TT be nicasured from the date or commencement. § 3.3 The Contractor eve Substantial Completion of the ondro Work not later than ( ) days 5rom the dak of commeaummfollows: (Insert number ofcaL ys Alternnrirely. R calendar dart may be used when coordinated with the date of coftu encemenr. If op. inserr requirementy for earlier Substantial Corttplerion of certain portions of Ow work) AIA DDCv-hi A107 T"-2W7. npyri*n ©1815, 1P18, 16PS, 1:137. 1 0 6 1 , 19:19. 1961, iD63, 1f+n7, 1974, 1977. 1P87, 1991. 1957 ar l2Dt%7by7Te tnlL /unarkan lnstflule orA [hilectz Ilrkjarta re?nrv„d 2 t Yh!5 4xunlnni was p:oducod by A14 sofrwr at 1031S7 on VaQg7200B WOW OrOW No.1000329317 t whi:h mph=[,n 11715(200a. arm h not for reeele. User t4obaa_ 129704 a tut 2) 1 V4/Vt/LVVa 1V.'to I-- $AIW- r- Portion of wort[ Substantial Completion Date Subject io adjustments of 7is Contract Time as provided in the COAMM Documents, (Insert provision,- f any, f liquidated damages relating to failure to achieve Substantial Completion on lime orfor bonus paymentrforearlyc mple-don ofthe Work) ARTICLE 4 CONTRACT SU § 4.1 The Owner shall pay Conwactor, the Contract Sum in current frmds for the Contractor's pedvrmanCe Of the Contract. The Contract Sun shall be (? )• subject to additions and ddacdons as provided in the Cont=t Documents. § 4.2 The Contract Sum is ed upon the following alternates, if any, which are described in the Contract Documents and are hereby cepted by the Owner. (State lbw numbers or oche identi identification of accepted aGemate t. If the bidding or proposal documents permit the Owner to accepr other allr ter.tubsegnent to the execution of this Agreement attach a schedule of such other alternates showing the amo nt for each and the date when Char amounr expires) § 4.3 Unit prices, if any: (Identify and state the unit rice; state quantity limitations, if any, to which the unit price willbe applieublr,) Item Units and Umibtions Price Per Unit § 4.4 Allowaruxs included t the Contract Sum• if any: (identify allowance aad sn4r exclusions, if any, horn the allowance prier.) Item I Price ARTICiF 5 PAYMENTS § 3.i PROGRESS PAYME § 5.1.1 Based upon Appb one for payment submitted to the Architect by the Contractor and Certificates for paym=t issued by the Ar 'tect, the Owner shall [stake progress payments oa Account of the Contract Sum to the Contractor as provided bel w sand elsewhere in The Contract Documents. § 5.13 The period covered ty each Application for Paytnlatt shall be one calendar month ending on thr last day of the month, or as follows: § &1.3 Provided that an lication for rayment is received by the Architect not later than the day of a month, the Owner shall roake pay t of the certified amount to the Contractor not tester than the day of the same month. If an Application payment is received by the Arr-Wtcct after the application date fixed above, payment ehnIl be matte by the O not latcr than ( ) days after the Arctutcct receives the Application for Payment- A171 Docum7srt A707 "`-2007. prrlOM ©5975, 1950, 7925, 1937, 7357, 7258, tOL7, 78£9, 147n'7, [971, 7977, 14.87, 1491, 1997 and 2007 by The 7nJL Arne x Inarv-t Ao of A,01 cts A r0Dh s lw;tvv+ad. ? t Thi= 0p-Vma.l was pwducW by ALA 7wha al 1"1:570n 0:0)4 2ma Ondna 0rdor Nn.i 0003M317 7 whkh anima o 11/75.2006, and is ml for scale. U W Notar (x674161042) 04/01/2008 10:49 FAX 7176537131 Ev.9G U1STK1tiUIUM5 ttvt, (Fedvra? Mile or local lrri_j may requite payment within a cenain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schcdula of values subinined by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various po one of the Work. The schedule of values shall be prepared in such form and supportrd by such data to substantiate is accuracy as the Architect may require. This schedule, unless objected to by the Archittxt, shall be used as a bs,is for reviewing the Contractor's Applications for Payment § 5.1.5 Applications for Pa shall show the pemcwoge of eompleticu of each partion of the Work as of the end of the period covered by Application for Payment 9 5.1.6 Subject to other prt computed as follows: .1 Take that p multiplying allocated to Pending an shall be incl of the Contr .2 Add that pot suitably star in advance b rebunage of .3 Subotact the .4 Suhtrart as provided § 5.1.7 The pvglras paym the fbUowing circum3tantl ,1 Adel, upon full amount Wo2k, retail (Section 9.8 Substantial i Z Add, iffia Contractor. of the Contract Documents, the amount of each progress payment shall be ition of the Cotttract Sum properly allocable to corupleted Work as detertruned by peretntagt completion of each porti on of the Work by the share of the Contract Sum t portion of the Work in the w11eduk of values, less rctainagc of ( ). determination of cost to the Owner of changes in the Work, mmourrts not in dispute dcd as provided in Section 7.3.9 of AlA Document A2011-+-2007. C'ener;j Conditious :t far Construction; on of the Contract Sum properly allocable to materials and eglripment delivered and f at the site for subsequent incorparation in the completed construction (or, if approved the Owner, suitably shored tithe site at a location agreed upon in writing), less ;gregatc of previous payments made by the Owner; and uts, if any, for which the Architect has withheld or nullified a Certificate for Payluent Sectioo 95- of AIA Document A701-2007_ amount tlctermi )ed in accordance with Section 5.1.6 shall be further modified under bstan till CAmplctiOn of Clue WoAR, a sum sufficient to increase the total payments to the f the Contract Sure, kss such amonata as the Architect shall determine- for incomplete ge applicable to such work and unsettled claims; and of AIA Document A201-2007 regwrrs release ofapplicable rrtamage upon }mpletion of Wei* with consent of surety, if arty.) rmplehnn of the Work is thercatfter materially delayed through no fault of the y additional amamts payable in accordance with Section 9.10.3 of AIA Docurncnt §'S,.1.B Rtoduction or lima on of rainage, if auy, shall Was follows: (fir it intended prior fo stantial Completion of fix entire Wort to reduce or Untir the retalnage resulting farm the percentages in=s, r"d ' Sections 5.1.6.1 and 5- 7.6.2 above, and this u not eVtained eLvewhere in the Contract Document,, insert here pr isionsforsuch reduction arlimitation.) 4?j V V Y § 5..19 Except with the O hr's prior approval, the Contractor shall not make advance pnymetrts to suppliers for ematerial5 or equipment w have not been delivered and stoned n the site. 5&2 FINAL PAYMENT § 52,1 final payment, con 'tuting the entire unpaid balance of the Contract Sum, Shall be made by the Owntx to the conticnctor wheat .1 the Con or has fully performed the Contract except for the Contractor's responsibility to correct Work as vided in Section 1122 of AIA Document A201-2007, 2nd to satisfy other negdirernents, if „1y, whi cxteud beyond 5oeil payment; and .2 a Mina! C . frcate feu Payment has been issued by the Architect. Inlt ALA DoOUmcrq A1Cn^ -,-W7. opyr}pht O 1915.1 17, 125-, tt37, 1951, 1958, 1`_Kit, 190?, 1957, tf74. 1977, 1987. 1541.1997 and 2007by TAn Ana*icn+? 4RJIule ?f nrchloci:. 1 rillhlb rastxvJd. Thy dxumw: was prod n&d by ALA sofiwaro n: 10:31:57 on 03706r20U0 under Onkr No.1 DOD329317_1 whleh arptraa 1 111152008, and u nD1 eon r"ale. User t+totes: t2870491Oti} G § 5.2?2 The Owner's final p yment to the Conttlsctor shall be made no 13trs than 30 days after the issuance of the Architect's final Ceztific9t for Payment, or as follows: ARTICLE 6 DISPUTE RE:St § C1 INMAL DECISION AIA The Architect will serve as the patties appoint below a (ff rite parties mutually agr if other than the Architect.) § 6.Y BJWNG DISPUTE RE For any claim svbjcct to.1 metltod of binding dispute (Check- the appropriate bo below, or do not subxrque) wifl be re tol d by Udgatft Arbitration wsuant to Section 15 4 of AI.IS Document A201-2007 [ ] Litl?tion i n court of Competent jurisdiction t] Otber ARTICLE 7 TE RNINATI01t § 7.1 The Contract may be A201-2007. 172 The Work easy be ARTME S NISCELLAN g d.1 Wh= Mkiruce is DocuTWX. The teferewe Documents- § 11.2 Payments d= and i below, or in the absence located. (Insert rule of interrvt al dal Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, tmlmc+ 6cr individual, oot a party to this Agreement, to serve m Initial Decision Maker. in.rert the name, address and other contact it formation of the Initial Decirivn Maker, t not resolved by, mediation pursuant to Section 153 of AIA Document A201-2007, the xolution shall be as Follows: If the owner and Contractordo rut select a medwd of binding dispure resolution y agree in writing to a binding dispute resufution method other than litigation. Claims in a court of ciompetn0 jurisdkilom) SUSPENSION linated by the Owens or the Contractor as provided in Artick 14 of AU Document by tLe owner as provided in Atticle 14 of AIA Docutttcat A201-2007. PROVt51011S in this Agreement to a provision ofAIA Docurnont A2012007 or another Contract to that provisian as amended or suppkmeated by other. provisions of the Contract under the Contract shall bear iutmrst from the date payinte is due 21 the rate stntcd ! at the legal raft prevailing from time to time at the place whtrc the Project is upon, if any-) § d.9 The Owner's rt (Name. addretr and IU14 (Mctxt?o?sl A76/*"-2007. yoprr?ltit O t3i5, 13ta, 1857, 1951, 19 7, 91H11.1D59, 1957, 1974, 1977, 19V.19,31, 9987 w, c! 2007 Lq Ttte MiL Anwricp t Ina l tvto o hrchtw- 11 OR ht. ?t. 5 I Thee 6x.Hr l wi.s WWucndby Ali &ohwLY al 10'JI S on 03ID412MB vnt3nr 0'501 W.iOQ0328917 l which OKplree n 11/15,'208, ano is r10{ lot rr"W. Ut2) (M71)40042) that MA": a § 8.4 The COUMCLOr's rcp'ese-=nve: (Name, address and orher?irt{orrwiol In7L § 1.5 Neie r the Owner's Or the Contractoa-'s rt;presentative shall be changed without ten days written nonce to the other party. § D.6 Otber provisions: ARTICLE 9 M{J ExATh § 9,1 The Contract Doctu the sections below. § 9.1.1 MwAgxeemeni is end Contractor. § 9.12 The Ceacral conch Constructiam § 9.1.3 The Supplementary Dacurnt"t § 9.1.4 The Specifications. fE&er list the Specffunth 7-100 of Spee$catkMs cab (Table deleted) § 11.5 The Drawings- lEirherlirt the Drawingr Thle of Drawings exhibit f (:Cable deleted) A•'naric-Qn Metitidu 0 Archlsd:, 1gh1 O 1915, 1916, 14725. 1237. 1 g51, 1g5Y, 14F, I, IE33,'tW7, 1974, 1977, 1987, f0?1. 1997 and 2,007 by Tne M3 rrz>c>rve+d. 7?rcs W:u.TlnllvgS prDdJ:AC by AIA a.?hware 1n 1(]:31 ?7 an p370420U8 under CXrier tJa.1 OL0326317 1 wlrid, oxlwac nn?t 1I15r1We. aw Is not Par rm ala. User Abtcs' {2D:D?81D4.Z) OF CONTRACT DOCUMENTS is, except for Modifications issued afterraecution of this Agreement, am enumerated in exo nted AIA Document A701-2007, Standard Form of Agmenumt Between Owner are ALA Document A201-2007, Gc:vz l Conditions of the Contract for other Conditions of dbe Contract; Tdk Dale hen orreferto an erWit coached w rhisAgrsemenQ or refer to an exhibit aaached la lkis Agreement.) Pages 6 04/01/2008 10:50 FAX 7176537POI § 9. 1.6 The Addenda, it Number h VAU U1J1ri1DU1VAa 111. Date Pages Portions of Addenda rela q g ro bidding requirements arr not part of the Contract Documents unless the bidding requirements nn also en cd in this Article 9. § 9.13 Additional doeurne ts, if any, forming part of the Contract Documents: _1 ATA eat B20ITU-2007, Digital Data Protocol Exhibit, if completed by the parties. or the following: Z Uther ""Cu .ntS, if any, Iixmd below: (List her, a y oddirional documents that are intended to form part of the Contratl Documents. AIA Document 201-2007 provided Lwt bidding requirements such as advertisement or invitation to bid Jar to Bidders, sample forms and The Controct.r s bid arr not part of the Contract Documents nleu enunterared in this Agreement They should be listed here only if intended to be part of the .-tract Documents.) ARTICLE 10 INSURANCE 71t Coatntctor shall pure) A201-2007. (State bonding regalremet A2012007.) 7AM IMAM and maintain insurantz and provide bonds as sit forth in Article 11 of AIA Document if nay, and limits of liabilily for insurance required in Artick I1 of AlA Document or bond LlMR of 11011 ity cr bond amount (S 0.00) This Agree mat entered as of the day and year first written above. OWNER (Sign CONTRACTOR (Signature) PAOWA4 } ?' G? 4rt?t_r? 5 fs?.drg?sc- ?c_t. Lttztr.5. Printed nmAe and tide (Prinud name and title) ` AfA UoamMtt Ai01*` -2007 (]rpy,iyhl d 717Y5, 1918. 1325, tU97, Y051, 1958, 1981, 1963, 7967, 707<. 1P77,1857, 1091, 7997 And 2007 by-The VIM Ama/icart Ynstftvte aY ArJdcsar_ Al )q Ma rr>-cri ? Tnlt oocurnent wan produced try AIR set;wme ,d 103 tS7 on C?rJa/200[7 under OrOK No.1000329317 7 "k:h O%YMlO Oft 11r15rzotlYa, ?JIO tL fIOY YOr fDYtlle_ Ueor 1,6: (2670e01462) 7 Additions and D letions Report for AIA0 Document A 10 r" -2007 This Additions and Deletions pon, as defined on page t of the associated documerx, reproduces bobw aft text the author has added to the standard fultt A document in order to comptete it as well as any teed the author may haver added to or daloled from Me original ALA taxi. Added is shown undadned. Deleted text is indcated enth a horizontal Inc through the original AAA text. We: This Addidons and De tins Report is provSded for tnformabon purposes only and is not W=rpomted into or constitute arty part of the associated ALA d neat, This Add6wn and Deletions Report and its associated docummx were generated timufta?lem sly by AAA sottwx at 1031.57 on 03!04/1008. PAGE 3 § 5.1.3 Providcd that an lira lion for Puyn>tnt is reeeivCd by the Amhitcct not later drnu the day of A month, the Owner bhatl make pa of the caftficd amount to the Contractor not later then the day of the manic month, If an Application f Puymom is received by the AxOxitect after the application date fixed above, pays-.=t shillbe made. by the Own not Iota than ( ) days after the Architect mmives the Application for Payment. PAGE 6 Tide Bate P"" Title of Drawings exhibit Tide Data Aaa>cronc was vth+VOns Ae4ror[ AAA Dozww. l A/01 copyrsQrK p 1915, 1A1H, 1 t+25, 1897, 1851, 76x8, 1481, 1983, 1967, 7975. 19F7, 190), 189 t, 16.47 aril 2007 try 7 rx. Rrt 1 Jr UG 16 d A.ct ko Li "riKhv rovCrvt`Q 7 TNs [IOG.Nr N.RI rllti pfVd'JCB(1 ?)' Ali! LOrjV.',1(Yl ,]! 111:31:51 011 0JJ04r2Ch70 urxw OrdW }13.1000 17 1 %vtrich sa,;lirat on 11/15110118. "Is r" iw rnaula. U~ Noun. (28704-51042) Certification of Document's Authenticity A!A® Document D40 II - 2003 I, . hereby certify, to the st of my knowledge, information and belief, that I created the attached final document simultaneously with its as Additions and Deletions Repots std this certification at 10:31:57 on 03/04/2008 under Order No. 1000329 171 from AIA Contract Documents software and that in preparing the attached final document I made no Chan to the original rem of AIAm Documem A101TO - 2007 - Standard Form of Agreement Between Owner and Con ar whtre the basis of payment is a Stipulated Sum, as published by the AlA in its software, other than those ditiotn and deletions shown in the associated Additions sad Deletions Report. (bared) RJR Tlocu,»nt p4p1*" _ p03. Cc+?y At O lSA? •rrf TYKS9 by Tlw Arru,rican Inclhvtn cr! Atd?l?,ua. Afi fights ra w*-C. I 7T}t ,f.-rurr?Hir, wttn ?xc?cfu end by 't FN soll"M tt 1"I W - CLWLTD8 u 1d p per Nom. ? O? iCr3 i T 7 atri=a, a Pp rrA on 11/t. .-lDM. art b no! tw rmia. flax No4as. I (2187"S I D42) 09/U1/ZUV6 IU;?U rtu ,ltvaat o1 - HVAC DISTRIB TO -- HI?RRISBURG QUOTATION #' DATE: TO: ATTENTION: FROM: SUBJECT: ZOGSY EXT. 1404 RT SUITES - MECHANICSBURG 110 Agnes Street Harrisburg, PA 17904 www.hvacdist.com (717) 939-3600 FAX (717) 939.9723 HVAC DISTRIBUTORS is the conditions noted: LUXAIRE FURNACE AND A 15 - LUXAIRE GA MATCHING ( 118M MOST AMBIENT Cl PADS, HORL' TAG: FURN - 5 TON, FU" IFURN-6'WM EMI DUCTZ,ESS MINI Sl 3 - EMI DUCT OR WALL TAG: d _ EMI Dl UNITS, TAG: A QMARK wAU EATERS 14 - QMARK AND MO g - QMA1rtK M BRACKET, gIEEETMErAL Ir. HVAC 21408-0031CZ REVISED Febtu r 13, 2008 INS[ DEVELOPMENT DON RWIN ased to submit our price for the following items, subject to UNfrs FIRED )FZmNACES WITH A/C CONDENSING UNITS TOOLING COILS, TXV, CONC)EWIRIC VENT KITS, T LINE SETS, HONEYWELL PROGRAAWIAELE TS, FILTER RACKS, PLEATED FILTERS, LOW YTROLS, HARD START KIT, COMPOSITE PADS, FURNACE DNTAL DRAIN PANS WITH SWITCHES 1415 3,5,8,9,10,11,12,13,14,15 WITH ACCU 1,3,5,$,9,10,11,12,13, , :,7 WITH ACCU 2,7 4 TON, FURN4 VnTH ACCU-4 I TON ACCU6 3 TON MINI SPLIT SYSTEMS WITH CEILING E'I"ORATOR NT EVAPORATOR, LOW AMMT, MISCROPROCIESSOR, LINES AND REMOTE ,AC-3 (TV/VIDEO, EXERCISE ROOM, FOOD PREP) MINI SPLIT SYSTEMS WITH 2- TMEE ZONE CONDENSING ERAN'T LINES Alm INFRARED CONTROL 7,8 AND CU3,4 UNIT HEATERS 4'G'ALL HEATERS WITH THEI MOSTAT, SECURITY GRULLES, SOX, TAG: EW31-1 TO 10 1 UIIIT HEATERS VVTTH THERMOSTAT, AND MOUNTING POOI,, MECH AND STORAGE 1" FLOOR RECTANGULAR SITE 11' 1AL DUCT AND F'TT"mGS. WRAP INSULATION, ALL PRECUT AND SLWS, GALVANIZED DVC IN POOL AREA,20 GAUGE F-XHAUST RISER DUCT, HANGER STRAP Al.lf. lzUU I)D NTE AND 1~I 7'f [DIGS, DUCT %1--fZ" T'"E, VOLUME DAMPERS NF,/AC DISTRIBUTORS -HARRISBURG 910 Agnes Street Harrisburg, PA 17104 www.hvacdist.com (717) 939-3600 FAX (717) 939-9723 QUOTATION #: HVA( DATE: Febn TO: INS17 ATTENTION: DON FROM: CHUt SUBJECT: COME D2140MO31CZ REVISED ry 13, 2008 DEVELOPMENT TWIN ZOGBY EXT. 1404 RT SUITES - MECHANICSBURG COOK EXHAUST )FANS AA's LOTrV'ERS 17 - LOREN COO CEILING FANS WITH SPEED CONTROLLER S, ISOLATOR KITS AND C ILING RADIATION JDAAMRS, WALL CAPS TAG: EF-0 , 7,8,9,10,13 Tom 1 - LOREN COO 1NLINE FAN WITH SPEED CONTROLLER AND ISOLATOR TAG: XF ) 10 - LOREN COO DIRECT DRIVE CENTRIFUGAL ROOF EXHAUSTERS WZTH PREWIRED ISC SWITCH, SPEED CONTROLI,M, BDD AND SLOPE ROOF C[IR&S, TAG EIF-11,23,24,25,26,27,28,29,30 2 - LOREN COO WALL PROPELLER FAN WTTHPREWIRED VS, GRAVITY Sliaiur TEP, W COLLAR, WEATHER HOOD AND MOTOR SIDE DAMPER TAG! EF-2 EF-3 1 - LOREN COO SMOKE EXHAUST FAN WITH FREWTRED AS, BOLTED ACCESS DOOR, GUARD, ROOF CURB 3 - POTTOR" RUDED ALUMINUM LOUVERS WITH BAKED ENAMEL FINISH AND MOTO OPERATED DAMPERS, TAG: 2 -36X18 AND 24X18 1 - POTTORFF ITDED ALUAIDV M LOUVERS WITH BAKED ENAMEL FINISH TAG: 24M2 UNDRY AMANA. PACKAGED AL UNITS 105 - AMANA PT 73D25AM PTAC UNITS WIT 9 ELECTRIC WATER (2-5 K%), LCDI CORD, ALL SLEEVE, CONDENSATE DRAIN KIT, CUSTOM COLOR ARCHITluCT GRILLE, ELECnUCAL SUBBASE, DISCONNECT SWITCH KIT ROOM mc) D 'THERMOSTATS, WITH LOW VOLTAGE WIRE KITS TAG: PTAC-1 MISCELLANEOUS FIRE DA?ERS AND SLEEVES III CORRIDORS AND EXHAUST RISER CHASES l HONEYWELL VULCAIN 30 C C02 MONITORING SYSTEM I - HONEYWE MONITORING SYSTEM Val3l ACCESSORM 3 - ALL -WIRING AND INS`l-A1 15 - 10" REVERS 12 - 4" AND 6" W COI DETECTORS TION)3Y C-ONTRA CTOR E, WALL. VENT DAMPERS CAPS HVAC DISTRIBUTORS -- HARRISBURG 110 Agnes Street Harrisburg, PA 17104 www.livacdist.com (717) 939-3600 FAX (717) 939-9723 QUOTATION HVAC-021408-0031CZ DATE: February 13, 2008 TO: INSITE DEVELOPMENT ATTENTION: DON ERWIN FROM: CHUCK ZOGBY EXT. 1404 SUBJECT: COMFORT SUITES - MECHANICSBURG METALAIRE DIFFUSERS, GRMLI S, 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, 208/3,1" EXTERNAL STATIC PRESSURE, MICRO CONTROLS, OUTDOOR AIR COOLED CONDENSER FOR HEAT REJECTION, AIR FLOW SENSOR, OUTSIDE AIR FILTER AND MOTORIZED DAMPER, HYPOX'Y COATED COILS, RECEIVER SIZED FOR 50' REFRIGERANT SET, SLOPED DRAIN PAN, I YEAR PARTS '"'ARRANTY, 5 YEAR PARTS ONTLY 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. THEAB0YESHAI.L BE COAIPLETE FOR 7HESUM Of S 336,000.00. F.O.B. FACTORY; FULL FREIGHTALLOWED TO THE JOB SITE. TAXES 1VOT INCLUDED. TO PROVIDE 480 VOLT 3 PHASE SPLIT SYSTEM CONDENSING UNITS EXCEPT FOR THE 2 TON UNIT, PLEASE ADD S 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 S 665.00 TO ABOVE TOTAL COST. ALL N1'ALL HEATERS AND UNIT HEATERS CAN BE CHANGED 1111I'll OUT ADDI'T'IONAL COST. PLEASE ADDS 6,300.00 TO '1'IIL Al')OVE 'T'O'TAL COST f A.IIZ I3AI,:'UR'Cm''G IS IZI?QIIIIZED QUOTATIONS ARE SUBJECT TO ACCEPTANCE WITHIN 30 DAYS AND PRICES ARE SUBJECT TO CHANGE. WITMOUT NOTICE. ADD ANY TARES APPLICABLE. 21VAC DISTRIBUTORS IS ONLY RESPONSIBLE FOR QUAOTITIES AS LISTED ABOVE, THE MATERIAL AS SHOWN ADDENDUiVI TO AlA 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 (50%) of construction completion and is then reduced to Five Percent (511a) 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: r - - •• .. AL.„ iuI nL- IlCnl IIlu a LuuLlnu /I /5332067 P.2 'otat Heating & Cooling, ne. CHANCE pRDER TO: INSIGHT DEVELOPMENT 1983 MONEREY DRIVE M CHAWSBURG, PA 17050 PROJECT: COMFORT SUITES WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS: RE: SHEET METAL AS REQUES.I.ED BY GENE FOR BUILDING PURPOSES. JOB COST S4S8.00 C.O. No.: I DATE: SEPTEMBER 25, 2008 NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EJCIS7TNCr CONTRACT. CHANGE ORDER III AMOUNT $458.00 RATE: ?/.ate to / CONTRACT AMOUNT $336,000.00 4 AUTHORIZED SIGNATURE: .Q,,I-,?? ACCEPTED ACCEPTED "'!ABOVE PRICES AND SpECfyICA.IIONS HEREBY ACCEYTED. ALL WORK TO BE PERF'ORRMp OF THIS C}iAT1gE ORDER UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED [N ORIGINAL CONTRACTUNLESS OT?RWISE ST[PULAUND DATE OFACCEPTANCE SIGNATURE ER OR A Riygpp T EI 70.32 Bates Drive Arnnville. PA 17DO3 Phone: (777) 533-4777 Fdx: (717) 533-2067 UCZ 1 0 euua i: J ern I U 1 HL HtH I I rJU 6 GUUL I r'nL; P.3 Q - atal 'eating & Cooling, Inc. J CHANGE ORDER TO: INSIGHT DEVELOPMENT CO. NO,: 2 1943 MONEREY DRIVE MECHANICSBURG, PA 17050 DATE: OCTOBER 15, 2008 PROJECT: COMFORT SUITES WE HEREBY AOREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS: RE: REMOVE EQUIPMENT, MATERIAL, DUCTWORK AND LABOR TO ]ELIMINATE FURNACES AND AIR CONDITIONING UNITS 1I1, #2, #5 AND #7 FROM CONTRACT AMOUNT. DEDUCT $21,792.OD NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT. CHANGE ORDER #2 AMOUNT (521,792.00) CONTRACT AMOUNT S336,000.00 DATE: ! b t ca ?v f; AVCHORIZED SIONATURE F'-fl L' u ACCBI''TED - THE ABOYE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE HEREBY ACCEPTED, ALL WORK TO BE PERFORMED UNDER m2 SAME TERMS AND CONDITIONS AS SPECIFIED IN ORMINAL CONTRACT UNLESS OTHERWISE STIPULATED. DATE OF ACCEPTANCE, SIGNATURE ?vwrvctc ux RIi.?REPRESENTATIVE) ? 7032 Batas Drive Mnvilla, PA 17D03 Phone: (717) 533-4777 Fax: (717) SM-2087 I.UUliltu, /I"/?U?2U67 p. 4 otal eating & Cooling, Inc. ?? ORDER 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: CHANGE W14ERE 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: TATS CHANGE ORDER BECOMES PART OF AND 04 CONFORMANCE WITH THE EXISTING CONTRACT CHANGE ORDER 0 AMOUNT $7.043.00 CONTRACTAMOUNT DATl;; J o110 $336,000.00 AUTHORIZED SIGNATURE: ACCEPTED - TxE ABOVE PRICES AND SPECIFICATIONS OF TI11S CHANGE ORDER ARE SATISFACTORY HEREB Y ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED. S S CIFIED IN DATE OF ACCEPTANCE SIGNATURE _ %(OWNER ( ZED REPRESE 7 42 Bates Drive nviUe. PA 17ona Phone: (717) 53a4M Fax: (717) 533-2067 - - -- V • ?• • v i ..L r,Crl 1117V & k'uvL l nt; • '/175332067 4 F _w ot+al Heating & Cooling, Inc. ?13.1 \ Cr.? Q?ER TO: INSIGHT DEVELOPMENT 1943 MONEREY DRIVE MECHANICSBURG, PA 17050 PROJECT: COMFORT SUITES WE HEREBY AGREE TO MAKE THE CRANGE(S) SPECIFIED AS FOLLOWS: C.O. NO-: 4 . P.5 DATE: OCTOBER IS, 2008 RE. CHANGE ALL FANS. QMARK HEATERS AND PTAC UNrrS TO EITHER 277 VOLTS, SINGLE PHASE OR 460 VOLTS, 3 PHASE. JOB COST SRI I.00 NOTE: THIS CHANGE ORDER BECOMES PARTOF AND IN CONFORMANCE WITH THE EXISTING CONTRACT. CHANGE ORDER" AMOUNT S811.00 CONTRACT AMOUNT DATE: _ lb )U J 5336,000.00 AUTHOIUZED SIGNATURE: Qy?/) ?to? ACCEMD- 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 ACC6PTAVCE T 11 -/ . SIGNATURE 1 ?.?=y:?N u+foKllED ]tEPRESE"f-,? 7032 Bates Drfvw / n_n Bo, PA 17003 PhonQ: (717) 539-4777 Fax: (717) 533-2067 a t,vULI11L, p.6 r otol Heating & Cooling, Inc. CMNGE 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 04 FROM A 2-TON SYSTEM TO A 3-TON SYSTEM. JOB COST 5907.00 NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT, CHANGE ORDER #5 AMOUNT $907.00 f? CONTRACT AMOUNT $336,000.00 DATE: L ' L " O AtTI fIORIZBD SIGNATURE: pA L ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CITANGE ORDER ARE SATISFACTORY AND ARE HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONI)ITIONS AS SPECIFIED JAI ORIGINAL CONTRACT UNLESS OTHERWISE STIPULA TED. DATE OF ACCEPTANCE SIGNATU (OWNER OR ORIZED REPRESENTATIVE) 7432 Sates Drive Annville, PA 17003 Phone: (777) 531-4777 Fax: (717) 53.3-2087 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 52,065.00 NOTE: THIS CHMGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT. CHANGE ORDER 46 AMOUNT 52,065.00 DAZE: CONTRACT AMOUNT $336,000.00 AUTHORIZED SIGNATURE: +?-tL ,,.()b ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE HEREBY ACCEPIEp. ALL WORK TO 13E PERFORMED UNDER THE SAME TERMS AND CONDrnONSAS SPECIFIED IN ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED. DATE OF ACCEPTANCE SIGNATU " OWNER ORA ii;REP ENTA VE) 7032 Bates Drhv Annville, PA 17003 Phone: (717) 539--0777 Fex: (717) 533-2967 ucc Ib euuu 1: I;JHM IUIHL HE HI IN(; L l:uuLIMi. /ti :jB[UFi"/ P -? o t-al "eating & Cooling, Inc. CHANGE ORDER TO: INSIGHT DEVELOPMENT 1943 MONEREY DRIVE MECHANICSBURG, PA 17050 PROJECT: COMFORT SUITES WE HEREBY AGREE TO MAKE THE CRANGE(S) SPECIFIED AS FOLLOWS: C.O. NO.. 7 DATE: OCT013ER 15. 2009 RE- ADD A DUCTLESS CASSETTE AC-9 FOR CONFERENCE AMA ROOM #227 ON ORIGINAL DRAWINGS. JOB COST 56,956.00 NOTE. THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT, CHANGE ORDER N7 AMOUNT 56,956.00 DATE: IbI LA CONTRACT AMOUNT 53362000.00 AUTHORIZED SIGNATURE: D ACCEPTED -- TfIH ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE HERESY ACCEPTED. ALL WORX TO )3$ PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN ORIGINAL CONTRACT UNLESS OTHERWISH STIPULATED. DATE OFACCEPTANCE. SIGNATURE ^?HO? tEP1 NTATi 7032 Bates Drive Annvilte, PA 17003 Phonfl: (717) 533-+1777 Fax: (717) 533-2067 Oct 16 2000 1 : 13PH TOTRL HERT ING L COOLING. 71'/5a:iz0t / 6 otal Yeafing & Cooling, Inc. CHANGE ORDER TO: INSIGHT DEVELOPMENT 1943 MONEREY DRIVE MECHANICSBURG, PA 17050 PROJECT: COMFORT SUITES WE HERE-BY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS: RE: JOB COST 52,378.00 NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT. CHANGE ORDER #8 AMOUNT $2,378.00 CONTRACT AMOUNT $336,000.00 DATE: b i ul -q AUTHORIZED SIGNATURE tjit(Wk p a-.Ju ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE HEREBYACCEPTI;D. ALL WORK TO HE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN ORIGINAL CONTRAC7 UNLESS OTHERWISE STIPULATED. DATE OF ACCEPTANCE 2^ SIGNATU { OR A ?ImnEREPRESENTAT(VE) 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 DRA WINGS CHANGE DUCTWORK IN HALLWAY OUTSIDE CONFERENCE. ROOM TO GET DUCTWORK UNDER BEAM - UNABLE TO INSTALL DUCT AS PER DRAWINGS 7032 Bale3 Drivc : Ar?nville, PA 17003 Phone (717) 533-4777 Fax: (717) 533-2067 u?? .o cvua t /r'll IUINL rltrtl tilt, & (.UULIPI(;. - - - /1'/S332U67 P 2 otal Heating & Cooling, Inc. CHANGE 0R-DER TO: INSIGHT DEVELOPMENT 1943 MONEREY DROVE MECHANICSBURG, PA 17050 PROJECT: COMFORT SUITES WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED AS FOLLOWS: RE: ADD TWO (2) WALL BEATERS IN LOBBY AREAS. JOB COST S796.00 C.O. NO.: 9 DATE: OCTOBER 15,2008 NOTE: THIS CHANGE ORDER BECOMES PART OF AND AI CONFORMANCE W rrH THE EXISTING CONTRACT. CHANGE ORDER #9 AMOUNT 5796.00 CONTRACT AMOUNT $336,000.00 DATE I ? ? l U It) AUTHORIZED SIGNATURE: p`?a FJD ACCEPTED -THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDITIONS AS SPECIFIED IN ORIGNAL CONTRACT UNLESS OTHERWISE STIPULATED. DATE OF ACCEPTANCE SIGNATU WNSR OR D RETRGSEN]'AT1VE) 7W2 Balos Drive Phorw: (717) 533-44777 /lnnville, PA 17003 ' l=ax: (717) 533-2067 lipv 12 2000 2:l 1Ph TOT HEFITING a COOLING. 1 7175?-'067 ? 1A %' `Ll %III x btat Neatinp & Cooling, Inc. CHANGEI ORDER TO: INSIGHT DEVE OPMBNT 1943 MONERB DRIVE MECHANICS$ G, PA 17050 PROTECT: COMPORT SUITES i WE HEMY AGREE T4MAKB THE CHANGE(S) SPECIFIED AS FOLLOWS: FX. RELOCATE 4" E$UMUST PIPES POP, ROOF DRAINS IN CHASES. JOB COST $1,180.00 C.O. NO_: 10 r MVC l p.2? DATE: OCTOBER 28. 2008 i NOTE: TWS CHANGE QRDER BECOMES PART OF AND IN CONFORMANCE' W]TA THIS EXISTING CONTRACT. CHANGE ORDER #10 AMOUNT $1,180.00 CONTRACT AMOUNT $336,000.00 DATE: AUTT-IORIZED SIONATt?& ACCMW _ TFI ADO 1 PRICES AND Splf'eMcATIONS OF IBIS CHANGE ORDER ARE SATISFACTORY AND ARE HEREBY ACCE"M. A WORK TO BE PERFORMED UNDER THE SAME TERMS AND CONDRIONS AS SPECWIPD IN ORIGINAL CONTRACT W&ESS OTHPRWISE STIPULATBU. DATE OP ACCEPTANCE lot r ?ATU? rim OWN 7032 BaCet Drive All PA 17DD3 Phone: (717) 533-4777 Fax: (71T) J?1-2U0T Nov 12 2008 2:5Vp11 at+al 'eating & Cooling, Inc. .1 OH 1"(31JIVE 4! ORDER TO: INSIGHT DEVdC)PMENT 1943 MONERPYIDRIVB C.O. ND.: !1 MECHANICSBMG, PA I70SO DA72.-NOVEMBER 12, 2008 PROJECT: COWOR P SUITES i WE HEREBY AGREE TO i jMAKE THE CHANGE(S) SPECIFIED AS FOLLOWS: I RE: SHEET METAL Ap REQUESTED BY GENE FOR BIRLD[NO PURPOSI'S. JOB COST 51pY1.D0 1 NOTE: THIS CHANGE 04D ER BECOMES PART OF AND IN CONFORMANCE WITIJ THE EMSTOVa CONTRACT. CHANGE ORDER MI I AMOUNT S1,094.00 OONTRACT AMOUNT 5336,ooo.Do DATE: % 1 ) a J --t- AMORIZEDSIGNATURY ACCE"M -TILT ABOVB PRICES AND SPECIFICATIONS OF TTIIS CHANGE ORDER ARE 6AT1 SFACTOXY AND AU HERIEIIY ACCEPTED. ALL ORK TAO BE PERFORMED TINDER T M SAMB TERMS AND CONDITIONS A S SPECIFIED M OPUGINAL CONTRACTt SS OTHERWISE STWPULATED. DATE OP ACCEPTANCE //•^/, SIGNATURE O A1:PREb?1Y 7032 Batas Drive ?nriwuA, rn 1 /VUd TOT HEHTING COOLING. 71753°9067 ra4t e'L p.? rnona: (777) 533-4777 Fex: (717) 5115-2061 Nov 12 2008 2:tiIPM TV HEATING X COOING. 71752"?067 p-4 %mtz"- oral -a ting & Cooling, Inc. CJUANG,ErI 010D.ER TO: INSIQHT DE12iOPmwr 1943 MONpjtElAMVE MECKANICSgijpQ, pA 17050 PROTECT: COMFORtr SUITES C-0. NO.: 12 DATE: NOVEMBER 12, 2008 WE tMRJ3HYAOREB 7'O I`?^`` !A" TIM CIIANGE(S) SPECIFIED AS POI-wwS: RE7 ADD IARSN COCjK RO(}p EXtiAUSTEIt 519. WITH CURB AND DUCT- AS NEEDED FOR ROOMS 319, 419 AND roa COST su"t.00 NOTE: TH1S C&AN OE OPLDBR BECOha3 PART OF ANb PV CONFORMANCE WITH rHE EXISTING CONTRACT. CBANOE ORDER 012 AMOUNT $1,581.00 CONTRACT AMOUNT nArE: ?? I u $336.000.00 A UTNORIZED SIONATURE J 6 ACCEPTED - THE ADO V$?1 CPS AND SPECIFICATIONS O- SPECIFICATIONS H OF ORDER ARE SATISFACTORY AND ARE HEREBY ACCEPT$p ALL 1VQRK BB PEKFORIyLD UNDER TFiB SAME TERM ORMINAL CONTRACT (?yg OTHERWISE STU'ULATED. SAND COND1T10NS A 5 SPECIFIED IN DATE OF ACCEPTANCE Jl?/,fir A i HC)jt CD RS!'RI'SP- N 7032 PAWD DM Annygi., PA 17009 Phone: (717) S33-4777 Fax: (7! 715-2097 'otal 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: NOVE1vIBER 18, 2008 RE: CHANGE EFI2 FROM ROOF MOUNT TO SIDE WALL MOUNT. INSTALL FAN, GUARD AND SHUTTER ONLY. NUT INCLUDED: POWER WIRING, SUPPORT- AND MOUNTING OF WALL SLEEVE, SCISSOR LIFT OR SCAFFOLD AND CRANE OR BASKET LIFT. JOB COST S191.00 NOTE: THISCHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT. CHANGE ORDER 1113 AMOUNT $191.00 CONTRACT AMOUNT $336,000.00 DATE: (((1 ?lS??; ?' AUTHORIZED SIGNATURE: ACCEPTED- THE ABOVE PRICES AND SPECIFICATIONS OF THIS CI4ANGE ORDER ARE SATISFACTORY AND ARE HEREBY ACCEPTED. ALL WORK TO BE PERFORMED UNDER THE SAN1E TERMS AND CONDITIONS AS SPECIFIED IN ORIGINAL CONTRACT UNLESS OTHERWISE STIPULATED. DATE OF ACCEPTANCE SIGNATURE (OWNER OR AUTHORIZED REPRESENTATIVE) ?032 Sates 0jive Annville, PA 17003 Phorte: (717) 533-4777 FaX: (717) 533-2067 'otal Heating & Cooling, Iric. CHANGE ORDER TO: fNSIGHT 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 #14 AMOUNT $1,539.00 ORIGINAL CONTRACT AMOUNT $336,000.00 DATE: I {o5{off AUTHORIZED SIGNATURE: ACCEPTED - THE ABOVE PRICES AND SPECIFICATIONS OF THIS CHANGE ORDER ARE SATISFACTORY AND ARE HEREBY ACCEPTED. ALL WORK TO HE 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, PA 17038 Phone: (717) 648-6964 Fax- (717) 861-4718 Heating & Cooling, Inc. CHANGE ORDER TO: INSIGHT DEVELOPMENT 1943 MONTEREY DRIVE MECHANJCSBURG, 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 2ND, 3RD AND 4"" FLOORS IN VENDING AREA AS DIRECTED BY EQUIPMENT SUPPLIER AND NOT PART OF OUR CONTRACT. JOB COST 5502.00 NOTE: THIS CHANGE ORDER BECOMES PART OF AND IN CONFORMANCE WITH THE EXISTING CONTRACT. DATE: 1 `i CHANGE ORDER #IS AMOUNT $501,00 ORIGINAL CONTRACTAMOUNT 5336,000.00 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 ACCEPTA NCB SIGNATURE (OWNER OR AUrY)ORIZE RREPRESENTATW 67 Awol Road Phone: (717) 648-6964 Jonestown, PA 17038 Fax: (717) 861-4718 V `Z - O to l Heating & Cooling, Inc. CHANGE ORDER TO: NSIG14T DEVELOPMENT 1943 MONTEREY DRIVE C.O. NO.: 16 MECHANICSBURG, PA 17050 DATE: APRII, f, 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 416 AMOUNT $3,690.00 ORIGINAL CONTRACT AMOUNT $336,000.00 DATE 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 67 Awo[ Road Jonestown, PA 17038 (OWNER OR AUTHORIZED REPRESENTATIVE) Phone: (717) 648.8964 Fax: (717) 861-4718 N PROA41SSORY NOTE Insiti. Development 1943 Wonterey Drive Meehan?:sburg, PA 17050 FOR VALUE RECEIVED, the undersigned hereby unconditionally promises to to the order of pay the principal sutra of ' -.- together with interest at 60, being payable at the offices of - ?' or at such other location as the holder here,)f may designate in siting. The said principal and interest are due and payable one huridrad cighty (Y80) davs .from the effective date of this ?vote set forth below. This l~tote may be prepaid in whole or ip part at any time without penalty and construed and will be is ` enforced accurckng to the laws o the Commonwealth of Pennsylvania. The maker and any endo=spr agrees, jointly and severMlY, to pay attorneys fees for collection nr any other fees, charges and exrenses that said may be put to in order to effect collection it, case payment shall not be made at matuht of this Note- The The maker and any endorsers severally waive demand, presentment for payment, rotest, notice of protest and of non-pa P . yment and al' other requirements necessary to hold each of them liable of makers and endorsers, IIr1SiT1r DEVELOPMENT ???z??:'1 ?"'•?v?'"d/?,?. ? Pre t Date:'- ca Ora Erwt ri w 4:52 PM TOTAL HEATING $ COOLING, INC. 06/18/09 Customer Balance Detail All Transactions Type Date INSIGHT DEVELOPMENT Invoice 10/22/2008 Payment 11IM812M8 Invoice 11/2412008 Invoice 121172008 Payment 121222008 Payment 1/142009 Invoice 1/20/2009 Invoice 22020D9 Payment 3/3/2009 Invoice 32412009 Invoice 4/212009 Total INSIGHT DEVELOPMENT TOTAL Num Amount ---- Balance 08881 110063286 08973 081039 110077191 110086754 09162 09212 110104679 09302 09337 23,290.58 -20, 961.52 7.186.92 21,612.22 -6,468.23 -19,451.00 218,778.16 36,660.32 -186,096.74 33, 561.80 4,298.00 23,290.58 2,329.06 9,515.98 31,128.20 24,659.97 5,208.97 223,987.13 260.647.45 74,550, 71 1D8,112.51 112,410.51 112,410.51 112,410.51 112,410.51 112,410.51 Page 1 ~~~- ~. ~li_ECr~~}~r~~~~ q~Y ~r n .n ( ,~ '.I~q~ , ~(~F T~-~c ~ s Y 201 i~~~r 28 F~1 2~ 2~ ,' ~.~U','J.Y CvT~S~ ,;~ ,{l~j~~rj`~~~ (" ~ Mfw~ TOTAL HEATING AND COOLING, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : INSITE DEVELOPMENT, LLC and DON ERWIN, : Defendants NO: 10-3442 Civil Term CIVIL ACTION -LAW TO: Total Heating and Cooling, Inc. c/o Jason A. Copley, Esquire Michael L. Solomon, Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 240 N. Third St., 7"' Floor Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment maybe entered against you. Date: June 25, 2010 o~L3380 Kell~(M. Knight,~Esquire Supreme Court ID No. 87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendant, Don Erwin TOTAL HEATING AND COOLING, INC. Plaintiff v. INSITE DEVELOPMENT, LLC and DON ERWIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 10-3442 Civil Term CIVIL ACTION -LAW PRELIMINARY OBJECTIONS OF DEFENDANT DON ERWIN TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Don Erwin, by and through his counsel, Cunningham & Chernicoff, P.C., and submits his Preliminary Objections to Plaintiffs Complaint and in support thereof aver as follows: BACKGROUND 1. On or about May 20, 2010, Plaintiff, Total Heating and Cooling, Inc.(the "Plaintiff'), filed a Complaint (the "Complaint") against Defendants, Insite Development, LLC ("Insite"), and Don Erwin (the "Individual Defendant") with this Honorable Court. 2. In the Complaint, Plaintiff alleges that Defendants executed a promissory note (the "Note") in favor of Plaintiff, upon which Defendants have defaulted. -2- 3. On June 2, 2010, Insite filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code with the United States Bankruptcy Court for the Middle District of Pennsylvania (the "Bankruptcy") COUNTI LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER 4. The averments of Paragraphs 1 through 3 are incorporated herein by reference as if fully set forth. 5. According to The Pennsylvania Rules of Civil Procedure, Preliminary Objections maybe filed on grounds of legal insufficiency of a pleading. See Pa. R.C.P. § 1028(a)(4). 6. In the Complaint, Plaintiff alleges that Defendants executed and delivered the Note to Plaintiff in the amount of $112,000.00. 7. In addition to the allegations throughout the Complaint, Plaintiff attaches a copy of a "Promissory Note" as Exhibit C. See Complaint Exhibit C. 8. The Note, attached as Exhibit C to the Complaint, lists Insite at the top, with no mention of Individual Defendant throughout the body of the Note. 9. The Note does not contain any language pertaining to the Individual Defendant either promising or guarantying any payments on behalf of Insite. 10. Plaintiff has failed to allege any other agreement, either in writing or orally, between Plaintiff and the Individual Defendant for Individual Defendant to individually repay any debt allegedly owed by Insite. -3- 11. In essence, Plaintiff has failed to allege any facts that would support any type of cause of action against the Individual Defendant. 12. The question presented by a demurrer is whether, in the facts averred, the law says with certainty that no recovery is possible. See enerally Bundy v. Beard, 924 A.2d 723 (Pa. Commw. Ct. 2007). 13. One cannot be liable for a breach of contract unless one is a party to that contract. See Electron Ener ,, Corp. v. Short, 408 Pa. Super. 563, 597 A.2d 175 (1991), appeal granted, 529 Pa. 664, 604 A.2d 1030 (1992) and order affd, 533 Pa. 66, 618 A.2d 395 (1993). 14. A person who is not a party to a contract cannot be held liable for its breach by one of the parties to the contract. See Fleetway Leasing Co. v. Wright, 697 A.2d 1000 (Pa. Super.1997). 15. In the instant matter, all documents and allegations point to the conclusion that the alleged agreement that is the subject of the Complaint, were between Plaintiff and Insite. 16. Plaintiff has failed to present any agreements between itself and the Individual Defendant, whereby Individual Defendant promised to pay or guarantee any debt to Plaintiff by Insite. 17. Demurrer of Count I of Plaintiffls Complaint is proper because the Individual Defendant was not a party to any contract between Plaintiff and Insite, and thus the Individual Defendant cannot be found liable under a breach of contract theory. As such, the Complaint fails to state a claim upon which relief can be granted in -4- regards to the Individual Defendant. WHEREFORE, Defendant, Don Erwin, hereby respectfully requests that this Honorable Court sustain Count I of his Preliminary Objections and dismiss all claims against him, contained in Plaintiffs Complaint, with prejudice. COUNT II LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER 18. The averments of Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth. 19. While not specifically alleged in the Complaint, Plaintiff appears to attempt to create liability on the part of the Individual Defendant through a theory of piercing the corporate veil or alter ego. 20. According to Pennsylvania Law, when determining whether or not a corporate form should be disregarded, one must look to the following factors: a. Under capitalization; b. Failure to adhere to corporate formalities; c. Substantial intermingling of Corporate and personal affairs; and d. Use of the corporate form to perpetrate a fraud. See Lumax Industries, Inc. v. Hultman, 669 A.2d 893 (Pa. 1995). 21. Pennsylvania maintains a strong presumption against piercing the corporate veil. See Id. citing Wedner v. Emvlovment Board, 449 Pa. 460, 464 296 A.2d 792, 794 (1972). -5- 22. For the purposes of testing the legal sufficiency challenge of a pleading, a Preliminary Objection in the nature of a Demurrer admits as true all well pleaded material and relevant facts but it does not admit conclusions of law or averments of law. See Lumax, su ra. 23. Plaintiff has failed to set forth any material, relevant or well pleaded facts, which, if true, would state a claim upon which relief maybe granted under a theory of alter ego or piercing the corporate veil. 24. Plaintiff has failed to aver any specific material or relevant facts to support its legal conclusions that the Individual Defendant and Insite are inseparable, and / or that Insite is the alter ego of the Individual Defendant. WHEREFORE, Defendant, Don Erwin, hereby respectfully requests that this Honorable Court sustain Count II of his Preliminary Objections to Plaintiffs Complaint and dismiss all claims against him, contained in Plaintiffs Complaint, with prejudice. COUNT III IN THE ALTERNATIVE INSUFFICIENT SPECIFICITY OF THE PLEADINGS PERTAINING TO ALL CLAIMS AGAINST THE INDIVIDUAL DEFENDANT PURSUANT TO Pa.R.C P §1028~a)(3) 25. The averments of Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth. 26. For all the reasons set forth in these Preliminary Objections, Individual Defendants, Don Erwin, is unable to respond to the allegations set forth in the Plaintiffs Complaint due to Plaintiffs insufficient specificity in the pleadings. -6- WHEREFORE, Defendant, Don Erwin, hereby respectfully requests that, in the alternative, this Honorable Court sustain Count III of his Preliminary Objections to Plaintiffs Complaint, order Plaintiff to amend its Complaint and grant Defendant such further relief as is just and proper. Respectfully &~CII~,~j:T11C0~, P.C. Date: June 25, 2010 By: Attorn'ev LD Kelly M. Knigl~; esquire Attorney I.D. #87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Counsel for Defendant, Don Erwin -7- CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C. hereby certify that a true and correct copy of PRELIMINARY OBJECTIONS OF DEFENDANT, DON ERWIN, TO PLAINTIFF'S COMPLAINT was served by first-class mail, postage prepaid, on the following: Jason A. Copley, Esquire Michael L. Solomon, Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 240 N. Third St., 7`h Floor Harrisburg, PA 17101 CUNNINGHAM & CHERNICOFF, P.C. Date: June 25, 2010 gy~~~ ~~ °' Julieanne Ametrano -s- FIEF E~i- , -- '~ 2Ql0,~'a~_ 20 ~`~R ~~ 3t 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, 7`~ Floor Harrisburg, PA 17101 Attorneys for Plaintiff ~, Total Heating and Cooling, Inc., Plaintiff v. Insite Development, LLC and Don Erwin, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-3442 Civil PLAINTIFF'S RESPONSE TO PRELIMINARY OBJECTIONS OF DEFENDANT. DON ERWIN Plaintiff, Total Heating and Cooling, Inc. ("Total"), by and through its undersigned counsel, hereby respond to the Preliminary Objections of Defendant, Don Erwin ("Erwin"), as follows: 1. Admitted. 2. Admitted. 3. Admitted. BACKGROUND COUNTI LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 4. Paragraphs 1 though 3 hereof are incorporated herein by referenced as if fully set forth. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. The Note is a document which speaks for itself, and any characterizations thereof are specifically denied. By way of further answer, the body of the Note states that "the undersigned hereby unconditionally promises to pay to the order of Total Heating, the principal sum of $112,000 (dollars)...". As evidenced by the signatures on the Note, the "undersigned" on the Note, and thus the obligors/makers of the Note, are Defendant, Don Erwin, in his individual capacity, and Insite Development, through Don Erwin, its President. The body of the Note further contains the provision that "[t]he maker and any endorser agrees, jointly and severally, to pay attorney's fees for collection or any other fees, charges and expenses that said Note may be put to in order to effect collection in case payment shall not be made at maturity of this Note." The Note further states "[t]he maker and any endorsers severally waive demand, presentment for payment, protest, notice of protest and of non-payment and all other requirements necessary to hold each of them liable of makers and endorsers." 9. Denied. The Note is a document which speaks for itself, and any characterizations thereof are specifically denied. By way of further answer, Plaintiff incorporates herein its Answer to Paragraph 8 as if fully set forth. 10. Admitted. 11. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent this Court deems a response is required, this Paragraph is specifically denied. By way of further response, Plaintiff incorporates herein its Answer to Paragraph 8 as if fully set forth. 12. Admitted. 13. The allegations of this paragraph constitute conclusions of law to which no response is required. 14. The allegations of this paragraph constitute conclusions of law to which no response is required. 15. Denied. The "documents" that Erwin refers to speak for themselves, and any characterizations thereof are specifically denied. The remainder of this paragraph constitutes conclusions of law to which no response is required. To the extent this Court deems a response is required, this Paragraph is specifically denied. By way of further response, Plaintiff incorporates herein its Answer to Paragraph 8 as if fully set forth. 16. Denied. This Paragraph is specifically denied. By way further answer, Plaintiff incorporates herein its Answer to Paragraph 8 as if fully set forth. 17. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent this Court deems a response is required, this Paragraph is specifically denied. By way of further response, Plaintiff incorporates herein its Answer to Paragraph 8 as if fully set forth. WHEREFORE, Total respectfully requests that this Court ovemxle Court I of Erwin's Preliminary Objections, order Erwin to file an answer to the Complaint, and grant such other relief as this Court deems just and appropriate. COUNT II LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 18. Paragraphs 1 through 17 hereof are incorporated herein by reference as if fully set forth. 19. Denied. While Total expressly and specifically reserves all such claims to be brought if and when appropriate, it is specifically denied that Total's Complaint contains such claims or theories. Thus, Count II of Erwin's Preliminary Objections is moot. 20. This paragraph states conclusions of law to which no answer is required. By way of further answer, Total incorporates herein its answer to paragraph 19 as if fully set forth. 21. This paragraph states conclusions of law to which no answer is required. By way of further answer, Total incorporates herein its answer to paragraph 19 as if fully set forth. 22. This paragraph states conclusions of law to which no answer is required. By way of further answer, Total incorporates herein its answer to paragraph 19 as if fully set forth. 23. This paragraph states conclusions of law to which no answer is required. By way of further answer, Total incorporates herein its answer to paragraph 19 as if fully set forth. 24. This paragraph states conclusions of law to which no answer is required. By way of further answer, Total incorporates herein its answer to paragraph 19 as if fully set forth. WHEREFORE, Total respectfully requests that this Court overrule Court II of Erwin's Preliminary Objections, order Erwin to file an answer to the Complaint, and grant such other relief as this Court deems just and appropriate. COUNT III IN THE ALTERNATIVE. INSUFFICIENT SPECIFICITY OF THE PLEADINGS PERTAINING TO ALL CLAIMS AGAINST ERWIN. PURSUANT TO Pa R C P &1028(a)(31 25. Paragraphs 1 through 24 hereof are incorporated herein by reference as if fully set forth. 26. Denied. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent this Court deems an answer is required, this Paragraph is specifically denied. By way of further answer, Total has fully pleaded sufficient allegations to enable Erwin to respond to the Complaint. WHEREFORE, Total respectfully requests that this Court overrule Court III of Erwin's Preliminary Objections, order Erwin to file an answer to the Complaint, and grant such other relief as this Court deems just and appropriate. Date: ~ ~/~v Respectfully submitted, Cohen Seglias Pallas Greenhall &Furman, PC By: on A. Copley, ID #72774 copley@cohenseglias.com Michael L. Solomon, ID # 36031 msolomon@cohenseglias. com 240 North Third Street, 7~' Floor Harrisburg, PA 17101 (717)234-5530 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was sent by first class, postage prepaid mail this day to the following: Robert E. Chernicoff, Esquire Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Hamsburg, PA 17110 Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, PC Date: ~ ~ /~~ c~ By. ison A. Zo an, Legal istant 240 North Third Street, 7 loor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff # 1017858-v 1 02659-0001 TOTAL HEATING AND COOLING, INC. Plaintiff V. INSITE DEVELOPMENT, LLC and DON ERWIN, R-+ ,e IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 10-3442 Civil Term ; CIVIL ACTION - LAW W Defendants PRAECIPE TO WITHDRAW APPEARANCE & Chernicoff,? on behalf of Don Kindly withdraw the appearance of Cunnin7/- Erwin in the above captioned action. By o`6e E. C}? ico s fii PA upreme ourtNo: 23380 Ke ly M. Knight, Esquire PA Supreme Court ID No: 87365 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: July 9, 2010 PRAECIPE TO ENTER APPEARANCE Please kindly enter the appearance of Michael A. Scherer, Esquire, on behalf of Don Erwin, the Defendant, in the above captioned action. By " hv ichael A. Scherer, Esquire PA Supreme Court ID No: 6 t ? 7LI 19 West South Street Carlisle, PA 17013 (717) 249-6873 Dated: uj CERTIFICATE OF SERVICE 1,Jennifer S. Lindsay, secretar?or the law office of Baric Scherer do hereby certify that a true and correct copy of the Praecipe to Withdraw Appearance/Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Robert E. Chernicoff, Esquire Kelly M. Knight, Esquire CUNNINGHAM & CHERNICOFF, P.C 2320 North Second. Street Harrisburg, PA 17110 Jason A. Copley, Esquire Michael L. Solomon, Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 240 N. Third Street - 7t" Floor Harrisburg, PA 17101 Date: August 19, 2010 ' 6hwo ? AWMAZ - en Lin s y F:\Home\KKNIGHT\DOCS\Erwin.Donald\Total Heating and Cooling\Entry.With aw.wpd PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the withi n matter for the next Argument Court.) ------------------------------------------------ CAPTION OF CASE C (entire caption must be stated in full) 19 Total Heating and Cooling, Inc. 0 u vs. Cr? G7 33 ' I t , Insite Development, LLC and Don Erwin (z £• 10-3442 No No Civil { . . 1, State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrE #o .?- complaint, etc.)- Defendants Preliminary Objections to Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jason A. Copley, Esq., 240N. 3rd St., 7th F1., Harrisburg, PA 17101 (Name and Address) (b) for defendants: Michael A. Scherer, Esq., 19 West South St., Carlisle, PA 17013 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 6, 2010 Print your name Plaintiff Date: 4 Attorney for V ? O INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Michaej L. Solomon, Esquire TOTAL HEATING AND COOLING, INC., Plaintiff v. INSITE DEVELOPMENT LLC AND DON ERWIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3442 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS OF DEFENDANTS AND TO WITHDRAW OBJECTIONS FROM ARGUMENT COURT 'II TO THE PROTHONOTARY: Kindly withdraw Defendants preliminary objections to plaintiff's complaint filed on June 28, 2010. This shall confirm I wish to remove this case from being heard in Argument Court on October 6, 2010. Date: ~- ~ ° Mi hael A. Sche r, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendants c r- ~~ ~ , ~ ~ ._~.; ~t ~~6y ` . ~.r~ , _' u 1 ~'~^] ;'.r"1 Cj ~:. :~. C'? ~v ---i C-"' ;7 ~..~ CERTIFICATE OF SERVICE I hereby certify that on September 21, 2010, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire of Baric Scherer, did serve a copy of the Praecipe to Withdraw Preliminary Objections of Defendants, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael L. Solomon, Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 240 North Third Street, 7th Floor Harrisburg, Pennsylvania 17101 e f .Lind y t TOTAL HEATING AND COOLING, INC., Plaintiff v. INSITE DEVELOPMENT LLC AND DON ERWIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3442 CIVIL TERM CIVIL ACTION-LAW NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed Defendant Donald Erwin's Answer To Plaintiff's Complaint or a Default Judgment may be entered against you. BARK SCHERER Mich el .Scherer, Esquire ~0 ~~ J~ Date: I.D. # 61974 ~ ~; ~; 19 West South Street -~,~ ~ Carlisle, Pennsylvania 17013 rn © r-, ~ ~~-- - (717) 249-6873 `~,-°~, ~ ~` r - ~ ~ ~, ~ p c:a <~ - ~, ~ ~ .,.~.~ ,...y :.1 t TOTAL HEATING AND COOLING, INC., Plaintiff v. INSITE DEVELOPMENT LLC AND DON ERWIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3442 CIVIL TERM CIVIL ACTION-LAW DEFENDANT DONALD ERWIN'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes Donald Erwin, by and through his attorney, Michael A. Scherer, Esquire, and respectfully answers the complaint as follows: 1. - 11. Admitted. 12. - 43. These allegations pertain to claims against Defendant Instie Development, LLC and as such do not require a response from Defendant Don Erwin. 44. No response is required to this paragraph. 45. Admitted that Don Erwin signed a Promissory Note on May 20, 2009. 46. Admitted that Don Erwin signed the Promissory Note in his capacity as president of Insite Development, LLC. Denied that Don Erwin executed the note in an individual capacity. 47. Denied. The allegations in paragraph forty-seven of the complaint are legal conclusions to which a response is not required. To the extent a response is required, the note is a writing, attached to the complaint, and as such, the document speaks for itself. 48. Admitted. .' .~ 49. Admitted that Don Erwin has refused to make payment under the note in an individual capacity. Denied that Don Erwin is in breach of the Promissory Note, as Don Erwin has no individual legal obligation to repay the sums due under the note. 50. - 51. Denied. The aNegations in these paragraphs are legal conclusions to which a response is not required. To the extent a response is required, the note is a writing, attached to the complaint, and as such, the document speaks for itself. NEW MATTER OF DEFENDANT DON ERWIN 52. The note does not satisfy the requirements of the applicable Statute of Frauds such that defendant Erwin is personally obligated to repay the note. 53. The note does not contain a provision indicating that it is intended that Erwin was personally guaranteeing the note by signing it. 54. Defendant Erwin is not listed on the note as "maker" and therefor has not personally guaranteed the note. WHEREFORE, Defendant Erwin demands judgment in his favor. Respectfully submitted, BARK SCHERER Date: ~~ ~g ~~ is ael A. Sc r, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendants t a VERIFICATION The statements in the foregoing Defendant Donald Erwin's Answer to Plaintiff's Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsifications to authorities. Date: ~ 12 ~ ~ I ~ CERTIFICATE OF SERVICE I hereby certify that on October 8, 2010, I, Andrea M. Ramos, secretary at Baric Scherer, did serve a copy of Defendant Donald Erwin's Answer To Plaintiff's Complaint, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Michael L. Solomon, Esquire 240 North Third Street, 7th Floor Harrisburg, Pennsylvania 17101 Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. 2320 North 2"d Street P.O. Box 60457 Harrisburg, Pennsylvania 17106 Gt~Vt.U/~''' Andrea M. Ram r . OF TH~~P~p 0 ON TARP ZdIO~~T?Q P~ !~ 47 CUi~ 3~~~L,~~f;D COUr"d 1~''t' ~~~~~'S'~~V~:A~lA Cohen Seglias Pallas Greenhall & Furman, PC Jason A. Copley, PA I.D. # 72774 j cop ley@cohenseglias.com Michael L. Solomon, PA I.D. # 36031 msolomon@cohenseglias.com 240 N. Third Street, 7~' Floor Harrisburg, PA 17101 Attorneys for Plaintiff Total Heating and Cooling, Inc., Plaintiff v. Insite Development, LLC and Don Erwin, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-3442 Civil PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes Total Heating and Cooling, Inc. ("Total"), by and through its undersigned counsel, and hereby respectfully answers Defendants' New Matter as follows: 52. Denied. The allegations of Paragraph 52 are legal conclusions to which no response is required. To the extent that a response is required, Erwin's main purpose for making the guarantee was to serve his own pecuninary for business interests, and as such, the Statute of Frauds is inapplicable. 53. Denied. The Note is a writing and as such, the document speaks for itself. By way of further answer, the Note includes two (2) signatures, one by Don Erwin in his representative capacity as "President" of "Insite Development", and another by "Don Erwin" that f - is not signed in a representative capacity; and is replete with dual references to "the maker and any endorser" and "joint and several" responsibility sufficient "to hold each of them liable." 54. Denied. The allegations in Paragraph 54 are legal conclusions to which no response is required. To the extent that a response is required, the Note is a writing and as such, the document speaks for itself. WHEREFORE, Plaintiff, Total Heating and Cooling, Inc. demands judgment in its favor. Respectfully submitted, Date: ~~ - ,`~'~ ~ - /~ Cohen Seglias Pallas Greenhall & Furman, PC By: Jason Icopiey~c ensegiias.com Michael L olomon, ID # msolomon@cohenseglias.ci 240 North Third Street, 7~' l Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff r VERI)F'ICATI4N I,~ Try _:, ~.-«.~r ~~ ~.z~ , have read the .foregoing. Answer and. her+ebq affirm and verify that it is true and correct to the best of my kr~wled~e, information and belief I verify that ail. of'the statements made in the f©re~oing .Answer are true and correct and that false' stems made'therein may subject me to the. penalties of 18 Pa.C.S.A. S~tion 4904, relating to uns~rrorn falsification to authorities. TlJl1L rA~11~1G ~ L:.i.7~J1~11~t1J, tJMi.... Bate: 1~~ ~~~ ,., ~... ~ '~ Bye ,.~, ~.,. ~~~~~-vi a~~-ax-~ r CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was sent by first class, postage prepaid mail this day to the following: ', Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, PC Date: /~•~ ~. ~~ By: Alison A. Zortman L Assis ~t 240 North Third Street, 7th Floor '' Harrisburg, PA 17101 (717)234-5530 Attorneys for Plaintiff #1116239-v1 02659-0001 W, 2012 JUL 26 PM 2= Ul CUMBERLAND COUNTY PENNSYLVAH'A COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams, PA. I.D. #62051 silliams@cohenseglias.com Jason A. Copley, PA I.D. # 72774 jcopley@cohenseglias.com Michael L. Solomon, PA I.D. # 36031 msolomon@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff TOTAL HEATING AND COOLING, INC. Plaintiff V. INSITE DEVELOPMENT, LLC AND DONALD ERWIN, Defendants . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3442 Civil CIVIL ACTION - LAW ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Plaintiff, Total Heating and Cooling, Inc. Papers may be served at the address set forth hereon. Date: Respectfully COHEN SES PALLAS GREENHALL & FURM , P.C. By: Steven M. Williams, PA I.D. # 62051 swilliams@cohenseglias.com 240 North Third Street, 7c" Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that the foregoing Entry of Appearance was sent by first class mail, postage prepaid, this day to the following: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendants Date: Respectfully submitted, COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: )()W'4rx2' ison A. Zortman egal Assistant 240 North Third S Veet, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff #1716793-v1 02659-0001