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HomeMy WebLinkAbout04-4585 LAMB McERLANE, P.c. By: James C. Sargent, Jf., Esquire Attorney J.D. #28642 By: Evan J. Kelly, Esquire Attorney J.D. #85939 24 East Market Street, Box 565 West Chester, PA 19381-0565 (610) 430-8000 Attorneys for Plaintiff POWER COMPONENT SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS 1601 South 19th Street Harrisburg, PA 17104 : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. : CIVIL ACTION - LAW LYONS CONSTRUCTION SERVICES, INC, (J J~ 5237 East Trindle Road : NO. 04 -" SPS I ~'l L /8L.J..r\ Mechanicsburg, Pennsylvania 17050-3552 . -. \... Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must taken 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 ~ LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER. PA. 19381-0565 LAMB McERLANE, P.c. By: James C. Sargent, Jr., Esquire Attorney J.D. #28642 Attorneys for Plaintiff By: Evan J. Kelly, Esquire Attorney J.D. #85939 24 East Market Street, Box 565 West Chester, PA 19381-0565 (610) 430-8000 POWER COMPONENT SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS 1601 South 19'" Street Harrisburg, PA 17104 : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. : CIVIL ACTION - LAW LYONS CONSTRUCTION SERVICES, INC, ~t:- 5237 East Trindle Road : NO. 04 - I../!; I'.;:) Mechanicsburg, Pennsylvania 17050-3552 Defendant. Go,L ~~ COMPLAINT Plaintiff, Power Component Systems, Inc., by and through its attorneys, Lamb McErlane, P.c., hereby files this Complaint, and in support thereof avers the following: 1. Plaintiff, Power Component Systems, Inc., ("PCS"), is a Maryland Corporation, having its principal place of business located at 7526R Connelley Drive, Hanover, MD 21076. 2. Upon information and belief, Defendant, Lyons Constructions Services, Inc. ("Lyons") is a Pennsylvania corporation, having its administrative offices located at 5237 East Trindle Road Mechanicsburg, Pennsylvania 17050-3552. 3. PCS is a general construction contractor and performs general contracting work and services on various public and private construction projects throughout Pennsylvania. 4. The claims set forth in this complaint arise out of four separate construction projects located in Pennsylvania. LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 II WilJiamsport Area School District 5. On or about March 2, 2001, Lyons entered into two separate Standard Form Agreements whereby Lyons was to provide South WiIliamsport Area School District ("WiJliamsport") with the removal of asbestos and demolition work. (Agreements attached hereto as Exhibits "A" and "B".) 6. On or about April 26, 2001, Lyons subcontracted the removal of asbestos under the project to PCS. 7. PCS was subcontracted on the WiJliamsport Project to conduct the removal of asbestos for the benefit of WiIliamsport and Lyons. 8. PCS commenced working on the Williamsport Project almost immediately, and diligently proceeded with and completed the work in a timely and workmanlike manner consistent with the Subcontracting Agreement it entered into with Lyons. 9. During the course of the WiIliamsport Project, pes was instructed to perform tasks that went beyond the scope of the Agreement. The costs of performing these additional tasks were addressed in several separate change orders. Specifically, Change Order Request #2 in the amount of $700.00, a copy of is attached hereto as Exhibit "C". Change Order Request #5RI in the amount of $3,696.00, a copy of which is attached hereto as Exhibit "D". Change Order Request #4 in the amount of $1,400.00, a copy of which is attached hereto as Exhibit "E". 10. Lyons wrongly has failed to pay PCS the amount due and owing under each of these Change Orders, as well as another $6,066.00 due and owing PCS from the agreement. LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER. PA. 19381-0565 11. On or about, March 2, 2001, Lyons entered into a second Standard Form Agreement with WiIliamsport whereby Lyons was to provide demolition work, attached hereto as Exhibit"B". 12. On or about June 5, 2001, Lyons subcontracted this demolition work under the project to PCS. 13. PCS commenced working on the demolition work almost immediately, and diligently proceeded with and completed the work in a timely and workmanlike manner consistent with the Subcontracting Agreement it entered into with Lyons. 14. Lyons wrongly has failed to pay PCS the $9,200.00 due and owing PCS from the Agreement. Eisenhower Elementary School 15. On or about March 2, 2001, Lyons entered into a Standard Form Agreement whereby Lyons was to provide Eisenhower Elementary School ("Eisenhower") with the removal of asbestos. A copy of said Agreement is attached hereto as Exhibit "F'. 16. On or about July 3, 2002, Lyons subcontracted a portion of its work under the project to PCS. 17. PCS was subcontracted on the Eisenhower Project to conduct demolition work for the benefit of Eisenhower and Lyons. 18. PCS commenced working on the Eisenhower Project almost immediately, and diligently proceeded with and completed the work in a timely and workmanlike manner consistent with the Subcontracting Agreement it entered into with Lyons. LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 19. During the course of the Eisenhower Project, PeS was instructed to perform tasks that went beyond the scope of the Agreement. The costs of performing these additional tasks were addressed in several separate change orders. Specifically, Change Order Request #1 in the amount of $426.44, a copy of is attached hereto as Exhibit "G". 20. Lyons wrongly has failed to pay PCS the amount due and owing under each of these Change Orders, as well as another $9,275.00 due and owing PCS from the agreement. Mount Cannel.Tunior/Senior Hillh School 21. On or about, February 6, 2002, Lyons entered into a Standard Form Agreement whereby they were to provide demolition work on behalf of Mount Carmel Junior/Senior High School. A copy of said Agreement is attached hereto as Exhibit "H". 22. On or about April 17, 2002, Lyons subcontracted this demolition work under the project to PCS. 23. PCS commenced working on the demolition work almost immediately, and diligently proceeded with and completed the work in a timely and workmanlike manner consistent with the Subcontracting Agreement it entered into with Lyons. 24. Lyons wrongly has failed to pay PCS the $3,217.66 due and owing PCS from the Agreement. All Projects 25. The balance due PCS under all four contracts is $33,981.10 for the work performed on behalf of Lyons. LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 26. PCS's work has been performed in a good and workmanlike manner, in a fashion and has been accepted by Lyons in all respects and is completed. 27. PCS has submitted its claims for the unpaid Change Orders and for the completed work under the Agreement to Lyons. Without any justification, Lyons has failed and refused, and continues to fail and refuse, to pay PCS's claims. 28. Lyons' refusal to pay PCS is without justification, nor has Lyons offered any justification in its refusal to pay. COUNT I Breach of Contract 29. Plaintiff incorporates by reference paragraphs 1 through 28 as if fully set forth at length herein. 30. PCS performed and completed all of its work on the Project pursuant to the Agreements and Change Orders. 31. Despite the fact that PCS fulfilled all of its requirements under the Agreements and Change Orders, Lyons has not paid PCS in excess of $33,981.10. 32. As a result of the breach of contract by Defendant, PCS has suffered damages. 33. All of the above damages were directly and/or indirectly caused by the breach of contract by Defendant. WHEREFORE, Plaintiff, Power Component Systems, Inc., demands judgment in their favor against Lyons Construction Services, Inc. in an amount less than $50,000.00 together with costs and interest and such other and future relief as justice requires, LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER. PA. 19381-0565 COUNT II Unjust Enrichment 34. The allegations contained in paragraphs 1 through 33 are incorporated herein by reference as if the same were set forth herein at length, 35. Plaintiff completed services for the Defendant in excess of $33,891.10, 36. Despite the fact that Plaintiff rendered these services for Defendant, Plaintiff has not been paid. 37. Accordingly, Defendant has been unjustly enriched at Plaintiff's expense in an amount exceeding $33,981.10 plus interest, and costs. 38. Defendant's refusal to pay Plaintiff the sums due and owing is not justified. WHEREFORE, Plaintiff, Power Component Systems, Inc., demands judgment in their favor against Defendant, Lyons Construction Services, Inc., in an amount less than $50,000.00 together with costs and interest and such other and future relief as justice requires. Respectfully submitted, LAMB McERLANE, P.c. B, ~~J:::"ire Evan 1. Kelly, Esquire Attorneys for Plaintiff LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 VERIFICATION Kate Licameli verifies that she is authorized to take this Verification on behalf of Power Component Systems, Inc., and that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. She also understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: q 11/VLf- LAMB McERLANE, P.c. By: James C. Sargent, Jr., Esquire Attorney J.D. #28642 By: Evan J. Kelly, Esquire Attorney J.D. #85939 24 East Market Street, Box 565 West Chester, PA 19381-0565 (610) 430-8000 Attorneys for Plaintiff POWER COMPONENT SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS 1601 South 19th Street Harrisburg, PA 17104 : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. : CIVIL ACTION - LAW LYONS CONSTRUCTION SERVICES, INC, 5237 East Trindle Road : NO. Mechanicsburg, Pennsylvania 17050-3552 Defendant. E.NTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance for Power Component Systems, Inc., Plaintiff in the above-captioned matter. ANE, P.C. ~ ---. By: e. Sargent, Jr., Esquire Evan J. Kelly, Esquire LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 ACi-16-1c:' :3: ::," :: "::;..._D:S \C t' :-75:-0025 "-651 ::, "-;' ~ ~ 02/22/01 SUBCONTRACT AGREEMENT 148-25 This Agreemen: made and wte:red into, by and between Lyons Construction Scn;jces, be. a Pennsy:vania Corporation, having principal office at 5237 East Trindle Road, Mechaniesburg, Pa 17055 hereinaito:r callw "Lyons", of the one part and h..-einafter called lhe ~Suhcontractor", of the other pill'!: POWER COMPONENTS SYSTEMS, INC. 3200 PIKE STREET HARRISBURG, PA 17111 (717) 564-6142 Fax (717) 564-6143 1. On or aboUI March 2. 2001, a contract will be enla-ed into between the South William sport Area School District, h~einafu:r called "The Owner", and Lyons for lhe construction oflhe Alterations and Additions to the South Williamsp<rt Area Junior Senior High Schoo~ which contract, addenda, if any, ptms, specifications, addenda tha-eto, and general and special =ditions all will oollectively be hereinafter referred to lIS the "Principal Contract". Notice to proeew will be issued upOn the execution of the contract and contract must be totally completed by Novem ber 15, 2002. The project is to be completed in phases. Your work may be required to fini.qb prior to the final completion date fur the project. The Subcolltract<r does repr~ent that it has carefully and fully examined all oflhe docun1ents that are collectively designated as the principal caolract and is thoroughly fiuniliar with each ofthern and Subconl\'llctor further reprosents that the site for the work has likewise been examined and the !lile for the work and the concitions present are known and are fumiliar to the SubcontraCtor. The pames hereto agree that rhe principal coutra<:t as herein defined is incorporated by reference in every particular in this subcontract and is part hereof In the event, however, of allY conflict between the provisions of this subcontract and of the principal contract, the provisions oflhis subcontract shall oontrol. 2. Lyons does hereby assign, set oVer and sublet 10 the Sllbcontractor, and the Subcontrac:or does hereby covenant and agree with Lyons to perform and cOOS!ruct in a satisfactory and workmanlike wanner, and in acrordance with lhe terms and conditions of the principal contract, to the approval and a=ptance wiiliou! condition, of the OWIler and ofLy=, thaI portion of the work of the principal contract as ha-ein designated as fuUows: (A) Scope of Work: SECTION 13281-REMOVAL OF ASBESTOS CONTEXT MATERlALS- BlGH SHooL PROJECT Also included, but not limited to lhe following: -Protection of surrounding surfaces from your work -Clean-up and removal of all debris caused by your work to durnpst.. by Lyons -ALTER.'.;ATES HS-G-3, HS-G-4, HS-G-6, HS-G-7, HS-G-8, HS-G-12, HS-G-13, HS-G-l4, HS-G-15, H$-G-16, H$-G-l7 HAVE BEEN ACCEPTED BY THE OWNER Coo= L'"'''~''' \i,clJ Ey..,h;6:1- I'A," Aji-2E~222d :2" ~ :: '8"'-::::$ '1,': ,'J-760-0022 "-::1 :: _.~ h 02/22/01 EXCLUSIONS: ,j30},1)S ,ROOF DEMOLITION WITH TIlE EXCEPTION OF TIlE ROOF DRAIN FLASHING !.NIT PRICES: GLOVE BAG PIPE INSULATION: FLOOR TILE AND MASTIC: CO~'TRACT AMOUNT: $58,000.00 $20.00ILF $2.00/SF DOCUMENT LIST: Plans, Specificatioos, Addc:ndwn 1 through 4 as prepared b)' EI ASSOClA ITS, 2001 N. FRONT ST. BUiLDING #3, BARRlSBURG, PA 1710Z_ SUBMITTALS as required by contract, allowing 25 dllys for approval and processing. 11ME SCHEDULE: AU work by the Subc<:tntractor is to be completed to allow rufficiOllt time for lhe other Subcontractors, Prime Contractors, and Lyons to complete the projea no larer than ?-lovamher 15, 2002. Sufficient time must also be allowed for the completion of each phase. The Subcontractor must complete its work as requJred by the progress of Lyons. (B) Special COllditions to schedule of work 1. Subcontnlctor to p<<form work ill ~=dance wilh lhe project specifications and contract dnt,,~.ngs. 2. All materials supplied and/or used by the SubconJra= sh~ll meet requir=en!S and specification for this project and aU material shiplIlt!ll!S must be accompanied by cenification. 3. Subcontractor is responsible for administrative procedures and requirements associated with subcontnlcted schedule of work. 4. Subcontractor is required to furnish evidence ofInsunmce as required by specifications. 5. Quantities of work performed !Ire to be verified by Lyons. 6. Subcolltractor is bound to prevailing wage schedule (attached). Certified payrolls must be submined to Lyons every month. No payments sh.all be released Ullill all certifications are up to dale. 7. Subcolltrl'CtOr shall be responsible for my penalties assessed agai!lst Lyons due to :he lack of performance by Subcootractor. 8. Subcontr~ctor to COWIllel1oe work within 41l bolJl'S of notice from Lyons and proceed "ith diligence. 9. Lyons reserves the right to issue a joint check to Subcontractor and/or material suppliers. 10. Subcontractor required to have qualified OWner approved Supervisor on Ihe project at aJ limes. 11. Subcontractor requirw to have all applicable sales and/or use taxes included III prices. 1. The Subcontractor by .xecuting this subcontract. represents and warrants to Lyons that it is qualified, capable, experienced and available to perform the schedule of the work as set forlh m paragrapb 2 of this subcontract agreement under the terms and conditions oflhe princip~J contract and this subcontract, in the qtl1lOtity and for the amount thcrein set forth, and within t~e time as is, during the execution of the principal contract, designated. The Subcontractor does furth... reptesent to Lyons thai where prequalificatior. to perform L'1e work in this con]j is required by the Owner and is a conditioo to contracting Or subcontracting to Lyonsljl--k-{SUb_ \Plio, Concur; 2 . ~::t. : 2 : " u 02,22'01 Concur: :" ::;~_::S ,1... 4iH60-c:l: '-s:/ p 2c6/:34 "78: perform such work, that the Subcontractor is duly so prequalified and will remain prequalifiw for sucl1 work for the duration of this subcontract, including .oy addition or l'Xtensiol) thereof 2. LlABILlTY: The project work designated to be performed under this contract will be perfurmod entirely as Subcontractor's sole responsibility. Subcontractor Will carry, for the duration of this contract, public gona-all.iahililY insurance a minimum. amount as indicated in the specifications. SubcontracUlr W!II11lllts and lIgl'oos to Fovide a CortifieIUe of Insurance to evidence said coverage and naming Lyons as additional insured on said policy. Subcontractor further WBmIl:lt5 the existence ofWorke:rs' Compensation and property and vehicle coverage and shall provide a copy of said insurance binder to Lyons. All of the above mentionw policil'S insurance should provide that said policil'S of insurance should nO! be cilanged or cancelled \mlil pjnety (90) days written notice has been given to Lyons. 3. PROGRESS OF WORK: The Subcontractor -..ill begin said work within 48 hours after he i, notified by Lyons and will cony forward and complete said work as rapidly as the progress of lhe work of Lyons will pamit The SubcontraclOr will /itrnish said material', labor and equipment, prosecute said work with diligence, without delay, and wi)! not in any manner delay or otherwise intdere with the work of Lyons or other Sub=tractors. Should Lyons C<lnclude that a Subcontractor is unjustly and withou: valid reason delaying said work, or the Subcontractor has perfunnecl said work in a deficient or improper manner, he shall sO notify said Subconll'llctor by fg,..;rn ile or by telegram, setting forth the complaint in detail, and the Subcontractor fails to =ply with said notice lIIld to eorrect the C<lmplaint, Lyons shall have the legal right to t<tI<e possession ofall equipment, machinery and supplies, in and up an the contract site, including, but nor limited to; constrUction machinery, equipment and sUpplies of the Sulxootractor and to use the same to =ect the complain: or to have the compl'lint =ect..:! by subletting this work to others, lllId said construction machinery and equipment as needed to be used to correct said work deficiencies shall be us<<! by Lyorr.; or any Subcontractor designated by LyOlls to so use lhe same. Lyons shall charge the expense of the ccrrecting work against said ~Dtr1l<:t and deduct the same from the contract. 4. TIME ALLOvrED FOR CONSTRUCTION OF PROJECT: It is ""Pressly understood and Agreed by and between the parties hereto that time is and shall be considerod the essence of the contract on the part of said Subcontractor and should the said Subcontractor fail to begiI1, C<lntinUf: and COIIlplete the work as berein provided and should Lyans suffer or permit said Subcontractor to occupy more time than required unda this agreement, in that the said Subcontractor bereby covenants and agrees to indemnify and save harmless Lyons frOD'! any 109s and damage wlllch may be compelled to make good to the Owner, for or on account of delay in lbe completion thereof; insofar as said delay was caused by the said Subcontractor. If the Subcontractor claims he is delayed in the prosecution of his work lhrough nO fault of his own and that such delay is costly to him, he shall be entitled only to such COUlpensation for such delay as is allowed and paid fur by the Owna to Lyons to the extent such IS attributable to the Subcontractor's work any such claim by the Subcontractor shall be submined to Lyons in \Witing, containing all pertinent de!lIili, by the Subcontractor five (5) days prior to the deadline needed for LyOllS to submit to the Owner. Failure of the Subc<Jntractor to give such written DOti"" within lhe time fraw. needed by Lyons shall terminate any right of the Subcooll'llCtor UJ make such claim to Lyons or the owner. 5. CONDEMJ','ATION OF WORK: The Subcontractor shall provide sufficient, safe and proper Facilities at all times for the inspection of the work by tho Project Engineer, Architect and Lyons or !heir authorized r\lPfesentatives, for the inspection of the Subcontractor's work a:'.d materials used or to be used. He shall tl! OIlce, remOVe all material.>, and take dcWl1 an:! rebuild all pcrtion of the work condemned by the Project Engineer, the Architect and Lyon.'i or ~ nesentative. upon receiving notice in writing of such condomnation. Lyons~Ub~ 3 A~i-26-2::~ C2:1 1~~ 02/2210 I Concur: =.::;~-~:s \: ,'0-760-0026 T-652 ::7/02l '-'85 6. EXTRA WORK: All extra work to be performed by the Subcontractor must be condensed to Writing at a rale of pay agreed upon before such work is undertaken. Said extra work agreement must be signed by representatives of Lyons and Subcontractor and will be subject to the terms and conditiol1.'l of the subcontract agreement 7. INDEMNIFICATION OF CONTRACTOR - PATENTS A.....lJ PATENT RIGHTS: The Subcontractor hereby COVenllIltS and agrees to indemnify and save halmlC3s Lycms from any and all claims or suits fram infringements of patent'l or viola1:jon ofpalent rights, including all costs and expenses to which Lyons may be put in defending any action that may arise through the work of the Subcontractor. 8. INDEMNIFICA nON Of CONTRACTOR A.'m OW1-ol'ER FROM ALL LIABILITY: The Subcontractor shall have charge of the entire work until completion and acceptance, and shall alone be l.ia b~ for and !lhall pay all loss or damage caused by him or by his servants, ag= Or employ= to property, buildings or adjacent work and for any accident to persons that may occur during the performance oftJJe work coverw by this subcontract or at any time thereafter as a consequence of the performance of said work The Subcontractor shall observe all State and Municipal laws, ordinante'l and regulations and shal! defend and save hannless Lyons and the OwDer from all suits and claims whatever for loss of life or injury occurring to (:nlployees of the Subcontractor who perform such work. The SubcontrSJ;tor agrees to fully indenmify, prOlect and save harmless Lyons and the Owner from all liability from all claim:;, loss, damage, suits and actions of every kind and from all costs and expenses in cOMection with such claims, suits and actions due to injuries to persons Or damage to property whether resulting from accident, negligence or any other cause whatsoever occurring during the perfurmance of the work covered by lhis subcontract or at any time thereafter as a consequence of the performance of the same or which may at any time occur or result from or be Cl\used by such work and if there are any such claims installw when the work herein provided fur is completed, final settlement by Lyons and Subcontractor shall be deferrw until such claims are adjus+hi or suitable special indoonnity acceptable to Lyons is provided by the Subcontractor. 9. TAXES: The Subcontractor shall pay all the Pennsylvania SlIles and use taxes on all UlXable items, llnd all Federal Old Age Benefit taxes, Federal Unemployment Compensation lnsuIanCll on all labor furnished under this contract, as required by the Commonwealth of Pennsylvania and the Unite4 States Government, as well as any other taxe" federal, State or Local, applicable to or occasioned by the Subcontractor's performance of this contract Dr emplo)llIlent of persons hereunder. 10. ASSIGNMENT OF SUBCONTRACT: the Subcontractor shall assign none of the rights under this subcontract, including assignmoct of funds, without prior IoVl'inen consent from Lyons. Any attempt to assign the subcontract will operate as an instant forfeiture and repudiation theroofby the Subcontractor and Tile rights of the parties shall be determined in the sam" m=er as though the Subcontractor had at the time of such attempted assignment fi1iled sod..fused to continue to perform the contract In case of default by Lyons, this subeontract is a.ssigned to UNITED ST A n:S FIDELITY A."lD GUARANTY COMPANY, CIO sr. PAUL COMPANIES, P. 0_ BOX 13576, BALTIMORE, MD 21203. 11. EXn:NS10N OF TIME: No allowance of time will be made to the Subcontractor for delay in preparing his drawings or, in se=ing approval ofthe Owner and his represenmtive when such dra....ings are not properly prepared for approval of the Owner and his represer,tative. Extensions of time to bc granted to the Subcontractor will be the same anly as is granted to Lyol1.'l by the Owner, and will be in aCCOrdance with the specifications in C:e principal contract. LYonsi1fsUb~ 4 AWi-16-1:J4 03:11,- : ',m-DCS I NC " :"60-0018 ;-5~2 '::2/:3t :~~~~ 02/22/D 1 12. CONTRACT A.)-..1) LABOR AND MA TERlAL BOl'<1JS: The Subcontractor further agree, that he will <imultaneously, with the execution of this agreewllllt, provide Lyons, ifrequestw, with a contract bond, covering ~ctary perfOl'lllllDC<: of the work contracted, the pe.nal sum of 100% of the amoWlt of the contra"\, aod an "additional bond for labor and materials," covering the prompt payment in fJ.!1 for utility services rendered to Sub-SClbcontractor5 and for all materials furnished, rt:Iltal for equiprn..,t used, and/or !aba!' supplied or performed, in the prose<.:ution of the work, and also in \b<! penal sum of lOO% of the amount of the contract. A Corporate Surety sat1stactOl'y to Lyons must also execute both bonds, Payments under this subcontract may be withheld at any time during t.~e life of it for non. compliance wit.~ the above bonding requirements. 15. TEFMS OF P A YMEN1': Lyons agrees to pay the Suboontractor his portion of all p~yments Received by LyOllS from lbe Owner wilhin seven (7) days after receipt thereof. It IS also understOOd lllld agreed that all ~ shall include the matenals on site if so permittw by the Owner as a part of the current estimate. A Ninety (90) percent oflhe compensation due to Subcontractor under the agreement shall be paid by Lyons to Subcontrn.Ctof upon appropriate invoice by Subcontractor after substantial inspection and approval oflhe work by Lyons; and B. Ten (10) percent of the oompensatioo due Subcontractor under this agreement mall be paid by Lyons to Subcontractor upon appropriate invoice by Subcontractor aftel' acceptance of the work by the Owner or general Suboontractor. If the work is fm.:nd to be una=plable by the Owner or his agent, LyOlls shall have the right to complete any necessary repair> and backcharge subcontractor for so.id repairs. It is further understood and agreed that no payment on account shall operate as 011 approval of said work Or materials, ar any part thereat 16. APPROVAL OF SUBCONTRACT: It is und<rnood and agreed by the parties hereto that This agreement is subject to tbe approval of it by the Owner. 17. LYONS RIGlIT TO WITHHOLD PAYMENTS: Lyons shall have the right to Vlojthhold payments from the Subcontractor, in addition to retain percentages as may be provided in the principal contract, of suclJ amount~ as may be necessary both to insure compliance with all of the terms of this contract by suboontract, far work performed by the Contractor or other Subcontractors in accordance with p8l'l\graph 4 of this contraCt, Ill'ld as necessary to pay all just claims fur labor and services. rental and materials furnished in aud about saill work, which is the obligation of the Subcontractor to pay. Lyons ,hall have the right, acting as agent of the subcontractor, to apply such retained amOUIlt to 1M payments of such Just c!i<img and far work required to be performed. 18. SUBCO)o.,'TRACTOR'S RELEASE TO CONTRACTOR: l:pon receipt offu:a1 payment, the Subcontractor does hereby agree to give Lyons a duly signw release relieving the Contra<:tOr from any liability in regard to monies dUll under this subcontra"\, and the Subcontractor will certify that all of his obligations for services, materials, equipment rental, tools, erc" incurred on this subcontract have been paid and that if any liability should occur on ltis behal( then the Subcontractor will indemnify lhe Contractcr. 19. PRlORNE:GOTlATIONS A."''D AGREEMENTS: All negotiations and agreements pnor to the date of this agreement are merged herein. 1bis subcontract has beep. read and is fully underlllflv lhe Subcontractor. Concur: Lyons J.;l/:!sUb It/(L 5 AUi-16-1004 :3 '10- "om-PCS ! NC 4 ~ :-'S:-J02a "'-652 "-j--' ~ ~:; ..':<' 02/22/91 Lyons andlhe Subcontractor for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the covenants of this agreement 20. TERMINATION: I: Lyons work is terminated or abandoned, if Subcontractor canno: work L~ ha.,.""ony with other Contractors, Subco~tractors or their employees, is in breach of ccntract or it i:l otherwise necOS5BI)' for the welfare afth. job in the judgment of Lyons to terminate this contract, Lyons may do so by wrimn notice to Subcontracto< and, absent any breach of contract by subcontract, pay Subcon~or on a pro rata basis for Contract completion to lhat point accordingly as Lyans has been so paid for such work by lhe Owner, but Subcontractor ,hall not receive or is entitled to anticipate<:! profits for any work nO! completed by Subcontractor at time ofterm.inatiql. 21, REMEDrES ON DEFAULT: Any disp= as to the operation, fulfillment of Qleaning ofthi, contract <r of the execution th...eot; may be resolved either by arbitration or by a<:tion at law, at the sole option of Lyons. If Lyons shall determine in its sole discretion, to resolve the dispute betwee:l tbe parties by arbitration, such should be in accordance witlc the then prevailing rules, regulations and procedures for co=ercial arbItration as established and lUiministered by the Arneri= Arbi1I1ltion Association and an award plU'1Juant to such arbitration shall be fulal and hiluling on both parties. Lyons shall have thirty (30) days after written notice and receipts of complete information by the Subcontractor to determine what leg~ l\Clion it will choose to take to resolve lhe disputed matter. In wimes' vro.ereof, the parties hereto, with lhe intent to be legally bmmd hereby. !lave executed this subcontract the day l\Ild year above wriner., ArrEST: SERVICES, lNC. ~~&..u~lj f1s;t'SJ~CRET.~ (CORPORATE SEAL) ATTEST OR WlTNESS: YOl'S, PRESIDE", ~Af[V~~A (CbRPORATE SEAL) I SUBCONjRAcrOR: /~n. ." BY:, Z~a;:(lZ)A LA.jV~~C' . v A1J /1\ Concur: LYOnl.l2'f!.. Sub \j Q... 6 AUi-16-100~ :3: 'I," ;: rOrTl-i-CS \: t' :-76:-::22 '-5:1 , :'1./:3' 04118/01 .#s' a I;... SUBCONTRACT AGREEMENT 148-30 This Agreement made and entered into, by and between Lyons Construction Services, L~c. a PermsylvlUlia Corporation, having principal office at 5237 East Trindle Road, Mechanicsburg, Pa 17055 hereinafter called "Lyons", of the ane part and hereinafter called the "Subcontractor~, of the other part: POWER COMPONENT SYSTEMS, INC. 3200 PIKE STREET HARlUSBURG, P A 17111 (717) 564-6142 Fax (717) 564~ 143 j. On or about Match 2, 2001, a contract will be entered into between the South Williams]Xlrt Area School District, hereinafter called "The Owner", and Lyons fur the constructiou of the Alterations and Additions to the SoUth Williamsport Area JWlior Senior High School, which contract, addenda, if any, plans, specifications, addenda thereto, and general and special condinollS all will collectively he hereinafter refr:rrecl. to as lhe "Principal Cootract~. Notice to proceed wUi be issued upon the cxro>.tion oflhe contract and COlltraA;t must he totally completed by November 15, 2002. The project is.to be complett:d in phases. Your work lIlay be required to finish prior to the final completion date for the project. The Subcontractor d~ represent that it has carefully and fully cxlUllined aU of the doculnenlS that are collectively designated as the principal contract and is thorougb.ly fumlliar wilh each of them and Subcontractor further represents that the site for the work has likewise been examint:d and lhe site for the work and the conditions present are known awl ate lamiliar to the SubcontraCUlr. The parties hereto agreelhal the principal CC"tract as ~et'ern definw i. inCQrpOrated by reference in every particular in this subcontract and is part heroof. In the event, however, of any =f1ict between the provisions oflhis subcontract lll1d of the principal contract, the provisions of this subcontract shall control. 2. Lyons does hereby assiga, set over and sublet to the Subconll'actor, and the Subcontractor does hereby covenant and agree with LyOl15 to perform and construct in a satisfactory and workmanlike rnaIUltr, and in =danC>! with the t=s and condiliOllS of the principal contract, to the approval and acceptance wilhOUl COlldition, of the owner and ofLyOl1S, that portion of the work of the principal contract M berein designatw as follow.; (A.) Scope of Work: SECTION 01732 - SELECTIVE DE.MOLlnON Also included, but not limited to the fuIJowing: -Protection of surrounding surli1ces frorn your work -Clean-up and removal of all debris caused by your war\: ,ALTERNATES HSeG-3, HS-G-4, HS..(;.{;, HS-O-7, HS-G-8, HS-G-12. HS-G-13, HS-G-14, HS,G-1S, HS-G-16. HSeG-17 HAVE BEEN ACCEPTED BY THE Ow:%R -DUMPSTER COSTS FOR YOUR DEBRI .TURN OVER SALVAGED ITEMS TO OWNER -ALL DEMOLITION AS NOnD ON DRAWINGS Al AND A2, THE FINlSH SCHEDL'LE, 'T'}lE ALTERNATE CURTAIN WAll, ENTRANCE CANOPIES, DlSHW ASHING MODIFICATIONS, GYM WALL PADDING. Concur: Lyons ,~ Sub ~ t:~~,b It "f{ .~, :S:'lom ~rc~-O:S \: to' :-76:-::22 "-551 ' :"/:5' -_.- 04/18/01 .ANY DEMOLITION SHOWN ON THE ARCHITECTURAL DRAWINGS. FOR EXAMPLE THE HOLES FOR THE FIRE EXTINGUISHER CABIl-<'ETS. -DOOR FRAMES W1LL BE REMOVED AND WALLS TOOTHED AS REQUIRED - DOOR HARDWARE REMOVAL ON EXISTING DOORS THAT REMAIN WILL BE BY LYONS. WHERE DOORS ARE REPLACED P. C. S. wrLL REMOVE A.."i'D DISPOSE. -CARE MUST BE TAKEN TO MlNIMIZE P ATCHlNG EXCLUSIONS: -BONDS -F1NAL CLEANING .SITE DEMOLITION, FOR EXAMPLE SIDEWALKS. PAVING, A."ill CURBING -MECHANICAL, ELECTRICAL AND PL\JMBlNG DEMO -LAYOUTS OF CUTS -ENGlNEElUNO SERVICES -DUST pARTITIONS A.."'tJ WEATIlER PROTECTION - TEMPORARY ELECTRIC OR LtGHTING -LAWN RESEEDING -CU1TlNG OR CAPPING OF EXISTING SERVICES UNIT PRICES: NONE CONTRACT AMOL'NT: $92,000.00 DOCVMENT LlST~ Plans, Specifications, Addendum llhrough 4 as prepared by EI ASSOClA TES, 2001 N. FROl'<'T ST. BUILDING #3, HARRISBURG, PA 17102. S1.JBMlTT ALS as required by contract, allowing 25 days for approval and processing. TIME SCHEDUlE' All work by th~ Subcontractor is to be completed to allow sufficient time for the other Subcontractors, Prime Contractors, and Lyons to complete the proj~ no later than November 15,2002. Sufficient time must also be allowed fur the completion of each phll.'le, The SubconlTactOl'must complete it> work as required by the progress of Lyons. (B) Special =ditions ro schedule of work 1. SubcontractOr lQ perform work io ~ccordance with the project specifications and contract drawings, 2. All materials supplied and/or used by the Subcontractor shall me~t requirements and spedlcation for this project and aU mattrial shipment> must be accompanied by certification. 3. Subcontractor is responsible for arlmini'<trative procedures IUld requirements associated with subcontract.,q schedule ofwork, 4. Subcontractor is required to furnish evidence of Insurance as required by specifications, 5. Q\J.antities of work performed are to be verLfied by Lyons. 6. Subcontractor is bound to prevailing wage schedule (attached). Certifiro payrolls nlUst be ,'Jomitred to Lyons every month. No paymentS shill be releasro until all C<ltti5cations are up to date. Conc-.rr' LYOnst.J Sub ~ 2 \.i-Z6-1J04 03:'4,- i: . ~.,,-DCS I ~JC 41 H60-Cm T-6S2 ~:' 61:3' 1:-'35 04/18/01 7. Subcontractor shall be responsible for any penalties assessed against Lyons d\le to the lack of perfOrIllIlIlCe by Subcontractor. 8. Subcontractor to oo=ence work wilhin 48 hours of notice from Lyons and proceed with diligence. 9. Lyons reserves the right to issue a joint check to Subcontractor and/or material suppliers, 10. Subconlntctor required to have q\lll.lified Owner approved Supervisor on the project at all times. 11. Subronlntctor requjrw to have all applicable sales and/or use taxes included in prices, I. The Subrontractor by executing lhis subcontract, represents ll11d warrants to Lyons that It is qualified, capable, eJq><'rienood and available to p..-furm the schedule of the work as set forth in paragraph 2 of this subcontract agreement under the terms and collditions of the principal conW.C1 and this subcontract, in the quaotity llOd for the amount therein set furth, and within the time as is, during the execution of the principal cOIltract, designated. The Subcontractor does further represent to Lyons that where prequalifiClltion to perfurm the work in this contract is required by the Owner and is a condition to contracting or subcontracting ~o perform such wurk, that lhe Subcontractor is duly so prequalified and will remain prequaltfied for such work for the duratiOll ofthia subcontract, iocluding any addition or exten.'iion thereot: 2. LlABILITY: The project work designated to be performed under this contract will be perfurmw entirely as Subcontractor's sole responsibility, Subcontractor will carry, for the duration of this colltracr, public general liability insurance a minimum amount as indicated in the specifications. Subcontractor warrants and agrees to provide a Certificate oflnsurance to evidenc<: said coverage and naming Lyons as additional insured on said policy, SUbeoptrllctor further warrants the existence of Wo<kers' COlllpeo..tion and property and vehicle coverage and shall provide a oopY of said inSUl'llllC<: binder to LyOl1S. AU of the above mentioned policies insunwce should provide that said policies of insurance should not be changed or =oeJtecl \ll1til u.inety (90) days written notice has heM gi~ to Lyons. 3. PROGRESS OF WORK: The Subcontractor will begin said work within 48 hours after he is uotified by Lyons and will carry forward and complete said work as rapidly as t."e progress of the worl< ofLyens will pe:rmir. The Subcontractor will furnish said materials, labor and equipmOllt, p'""ecute said work with diligence, without delay, and will p.ot in any manner delay or otherwjse interfere witll the work of Lyons or other Subcontractors, Should Lyons conclude that a Subcontractor is unjustly and without valid reason delaying said work, or the Subcontractor has performed said work in a deficient or improper manner, he shall 50 notify said S\1bcontractor by facsimile or by telegram. setting forth the complaint in detail, and the Subcontractor fuils to comply with said notice and to correct the complaint, Lyons shall have the legal right to take possession of all eq\1ipment, machinery and supplies, in and up on the conll1lGt site, including, but not limited to; construction machinery, equipment and supplies of the Subrontractor and to use the same to correct the complaint or to have the complaint corrected by subletting this work to others, and said C011SlrUction machinery and equipment as needed to be used to correct said work deficiencies shall be used by Lyons or any Subcolltractor design.ated by Lyons to so use the same. Lyons shall ch..-ge the expense oflhe correcting work agamst said subcontrllCt and deduct the same from the contract. 4. TThlli ALLOWED FOR CONSTRUCTION OF PROJECT: It is oxpressly understood and Agree4 by and betweeo the parties herl!lo that time is llOd shall be cOIlsiderod tho essence of tile contract on the pan of said Subcontr1lCtOr and should the said Subcontractor fuil to begin, contioue and compl~ the work lIS herein provided and should Lyons sulUr or permit said Subcontractor to OCCllpy more time than requirw under this agreement, in that the said Subcontractor hereby covenants and agrees to iudemnifY and save harmless Lyons from any loss aIld damage which may be compelled to make good to the Owner, [or or on account of delay in the completion thereaf. insow as said delay was caused by the said Subcootr'lctor. If the Subcontractor claims he is delayed in the prosect.ttion of his work through no fault ofhi5 0"(!J!- (hat such delay is costly to him, he shall be entitled only to such oompensanOIl for Lyons' f1 Sub~ 3 Concur: A'i-15-1CO' 03:i5pm ~ "c--::: S ~j: 4 i C-160-0018 "-551 ~ -/:31 --Co- 04/18/01 such delay l\.S is allowed and paid for by the OWller to Lyons to the extent such is altl'ibutabJo to the Subcontractor's work I\P.Y S\ll:b claim by lhe Subcontractor shall be s..bmitted to Lyons in writing, coutaining all pertinent details, by the Subcontractor fiVl' (5) days prior to the deadline needed for Lyons to submit to the Owner. Failure of the Subcontractor to give such writtou notice within the time frlUlle ~ed by Lyons shall terminate any right of the Subcontractor to roUe such claim to Lyons or the owner. 5. CONPEMNA TION OF WORK: The Subcontractor shall provide sufficient, safe and proper Facilities at all times for the inspectinn oflhe work by the Project Engineer, Architect and Lyons or their authorized representatives, for the inspection of the Subcontractor's work and materials used or to be used. He shall at once, remove all materials, aud take dowu aud rebuild all portion of the work condemned by the Project Engineer, the Architect and Lyons or their representative, upon receiving ootice in writing of such condemnation. 6. EXTRA WORK: All extra wor\<. to be performed by the Subcontractor must be condensed to Writing at a ratt of pay agreed upon befure such work is undertaken. Said extra work agre8lI1ellt must be signed by representatives ofLyoos and Subcontractor and will be subject to the tcrm5 and conditions of the subcontract agreement. 7. D,1JEMNIFICA TION OF CONTRACTOR - PATENTS AA'D PATENT RIGHTS: The Subcolltr1lC10r hereby covenants and agrees to indemnify and sav~ harmless Lyons from any and all claims or suits from infringements of patents or violation of patent rights, including all costs and expenses to which LyOlls may be put in defending any actIon that may arise lhrough the work oflhe Subcontractor. 8. Il'iPEMNIFICA 110N OF CONTRACTOR AND OWNER FROM ALL LIABILITY: The Subcontractor shall have charge of the ~tire work until completion and acceptance, and shall alane be liable fur and shall PlIY all loss or damage caused by him or by his servants, agents or employees to property, buildings or adjacent work and for any accideut to persons that may occur during lhe performance of the work CQvered by this subcontract or at any time thereafter as a cousequence of the performance of said work. The S\lbcootractor &hall observe all State and Municipal !.aws, ordinances and regulations and shall defend and save harmless Lyons and the Owner from all suits and claims whatever fur loss of lite or injury o<;cuning to =ploYee8 of the Sub<:oolrllctor who perform such work. The Subcontractor agrees to fully indemnify, protect and save barmless Lyons and lhe Owuer from al1liabiJity from all claims, loss, damage, suits and actions of every kind and from all costs and expenses in connection with such claims, suits and actions due to injuries to persons or damage to property whether resulting from accident, negligence or any ether cause whatsoever occurring during the pcrfonDance oflhe work covered by this subcontract or at any time therealter as a consequence of the performance of the same or which may atl\llY time occur or result from or be caused by such work and if there are any such claims installed when the work herein providw fur i.s completed, final settlement by Lyons I\Dd Subcontractor shall be deferred until such claims are adjusted or suitable special indemnity acceptable to Lyons is provided by the Sul:>contract:or. 9. TAXES: The Subcontractor shall pay all the Pennsylvania sales and use taxes on all taxable items, and all Fe4eral Old Age Benefit tAXes, Federal Unemployment Compensation Insurance on all labor furnished under this contract, as required by the Commonwealth of Pennsylvania and the United States Government, as well as any other taxes, Federal, State or Local, applicable to or occasionod by the Subcontractor's performance of this cO[ltract or employment of persons horeunder. 10. ASSIGNMENT OF SUBCONTRACT: the Subcontractor shall assign none ofm. rights utlS1AJ1is s"bcontract, including assignment of funds, without prior written consent fj-om Concur: Lyons~ Sub ,1rUJ-.-- 4 .. "u 04/18/01. Concur: : ":;::"-,':5 :.\: 41H6C-::la ... ~6:2 DC' 5/: 34 :~ 78: Lyons. Any attempt to assign the subcontract will operate as an instant forfeiture and repudieltion thereof by the Subcontrl\J:tor l\lld the rights of the parties shall be detormirled in the salIle manner as though the Subcontractor bad at the time of such attempted il.>sigrunerlt fuilw and refused to =tintje to perform lhe conn-act. In case of deliiult by Lyons, this subcon::ra.ct is assigned to UNITED STATES FIDEW1'Y AND GUARANTY CO:-&Ac"lY, C/O ST. PAUL COMPANIES, p, O. BOX 13576, BALTIMORE, MD 21203. 11. EXTENSION OF TIME: No allOW1ltlce of time will be made to the Subcontractor fur delay in preparing his drawings or, in securing opproval oflhe Owner and his representative when such drawings are not properly prepared for approval of the OWner I\flct his representative. Extensions of time to be granted to tlle Subcontractor will be the same only as is granted to Lyons by the Owner, and will be in accordance witll the specifications in the principal coctracf. 12. CONTRACT fu"lD LAnORAND MATERIAL BONDS: The Subcontractor further agrees that he will simultaneously, with the execution ofthi$ agreement, provide Lyons, if requested, with a contra.ct bt:n;1d, covering satisfuctory performance of the work contracted, the penal sum of 100% of the amount of the contract, lllld an ~additiOIlal bond fur labor and materials," covering lhe prompt payment in full fur utility services rendered tc Sub-Subcontractors and for all materials futnished, rental fur equipment u.sed, and/or labor suppliw or performed, in the prosecution oflhe work, and also in the penal SUIIl of 100% of the amOll1lt of the contract. A Corporate Surety satisfuctory to Lyons must also execute both bonds. Payments under this suI>;olltract ,nay be withheld at any time during the lire of it for non- compliance with the above bonding requirements, 1~. TERMS Of PAYMENT: Lyons agr_ to pay the Subcontractor his portion of all payments Received by Lyons frOlll the Owner wilhin Seven (7) days after receipt thereof It IS also understood and agreed lhat all estimates shall include the matenaJ, On silO if so permittw by the Owner as a part of the current estimate. A. Ninety (90) percent of the compensation due to Subcontractor under the agr=eut shall be paid by Lyons tc SubcaI1tractor upon appropriate invoice by Subcontractor after substantial inspectioo and approval of the work by Lyons; and B. Ten (10) percent of the compensation due Subcontractor under this agr=ent shall "" paid by LyopS to Subcontractor upon appropriate invoice by Subcontractor after ae<<:ptance of the work by the Owner or general Subcontractor. rfthe work is fOWld to be llDacceptable by the Qwnl:r or his agent, Lyons shall have the right to con:plete aoy necessary repairs and backcharge subcontractor for said repairs. It is further 1.Illde:rstood and agreed that nO pBl,ment on accOWlt shall ope;ate as an approval of said work or materi31s, or any part thereof. 16. APPROVAL OF SUBCONTRACT: It is understood and agreed by the parries bereto that This agreement is subject to the approval of it by the Owner. 17. LYONS RlGHT TO WITHHOLD PAYMENTS: Lyons sball haveth" rightto ...ithhold payments from lhe Subcontractor, in addition to retam percentages as may be provided in the principal contract, of such amounts as may be necessary both to insure compliance with all of the terms of this contract by subcontract, for work performed by the Contractor or other Subcoatr""tors in accordance with paragraph 4 of this contract, and as necessary to pay all Just claims for labor and services, rental and materials furnished in and about said work, wbicb is the obligation of the Subcontractor to pay. Lyons shall have the right, acting as Lyons I$'1JSUb~ 5 ~~H~2S-Z::t ~~ 'Sc~ :::~-::::s \: 4':'760-0018 T-651 , :' ,/031 , --- ~-' O:l 04/18/01 ag"l1t of the subcontractor, to apply such retained amount to the pa}!llents of such just clauns and for work required to be perfonned. 18. SUBCONTRACTOR'S RELEASE TO CONTRACTOR: Upon receipt of final payUlent, the SuhoonlIacror does hereby agree to give Lyons a duly signed release relieving the Contractor from any liability in regard to monies due under this subcontract, and the Subcontractor ",ill C<:rtify that all of his obligations for services, materials, equipttlOl1t rental, tools, etc., rncWTed on this S\lbcontract have been paid and that if any liability should occur on his behalf; then the Subcon1Iactor will indemnify lhe Contracror. 19. PRIOR l'<'EGOTIATIONS AND AGREEMENTS: All negotiations lllld agreements prior to the date of this agreement are merged herein. This subcontract has been read and is fillly UIlderstood by the Subcontractor. Lyons and 1M Subcontractor for themselves, their su<:cesSot" executors, administrators and assigns, hereby agree to the full performance of the covenants of this agreement. 20. TERMINATION: rfLyans work is terminated or abandcned, if Subcontractor cannot work in harmony with other Cootracttm, Subcontractors or their ""'ployees, is in breach of contract or it is otherwise necessary for the welw-e of the job in the judgwent of Lyons to terminate this contract, Lyons may do so by written notice to Subcontractor and, absent any breach of contract by subcontract. pay Subcontractor on a pro rata basis for Contract completion to that point accordingly as Lyons has b<;en so paid for such work by the OWller, but Subcontractor shall not receive or is entitled to anticipated profits for any work not completed by Subcontractor at time of tennination. 2 J, REMEDIES ON DEFAULT: Any disputes lIS to lhe operatiOll, fulfillment of meaning of this contract or of the execution thereof; InllY be re:lolved either by arbitration or by action at law, at the sole option of Lyons. rfLyons shall deterwine in its sole discretiOl\, to resolve tbe dispute b= lhe parties by arbitration, such should be ill accordance with the then prevailing rules, regulations and procedures fur co=ercial arbitration as establishw and adminj,,-tered by the American ArbitratiOll Association and an award pursuant to su6 arbitration shall be final and biudinll on both p!lrties. Lyons shall have thirty (30) days after v.rinen notice and receipts of complete information by the Subcontractor to determine what legal action it will choose to take to reliOlve tho disputed matter. In witness whereQf, the parties hereto, with the lIltent to be legally boU/ld hereby, have executw this subcontract the clay and year above v.ritten. ATTEST: CONTRACTOR: LYONS 7Jff~ "R,"'''~' f ~Y I LYONS, PRESIDENT 77/)1LI/A'/ II- ~ 4~;$/.,d fE'CRETARY (CORPORATE SEAL) ATTEST OR WITNESS: L~I~::J S:crmi0~L. Concur: 6 4 ~ 0-762-::2: "-s:I , :. :/:3' .. .."" ..-'".. '2"'''1 '"-::' 1 ':lC~ ::. :::~-~:s .... A.i-I.- ..- ..'. COR # 8295-2 pes POWER COMPOJ\o'ENT SYSTE\!S, INC. t ~ - ~~ . 3200 PIKE STREET. HARRISBURG, P A 17111 TET.EPHO'>'E (7t7) 56";.6142 . f.\X (71'.' '0,-~1..\3 '.Vl.V\\-', pc wercomponer.:s \sn~ms, co~ Change Order Request To; Barry Lyons or Tony Lyons Constructron (717)697-3771.P (717) 506-1795 - F pes Job # ; ~829S-1 COR # :' 2 I Date: 12/28/2001 I .;c:s ~ idli; {.,'\;',:'I' #- .:?,u:; 7" 32 .R!3FERENC;;;J eN iUE AP,~7RO~,'f!Q CrIA,\/CF r;p[,ER Proiect; :Sowth William sport High School -, I --------.~,~-, Prepared By: -. J Description Addit\Onal mobIlization for ACM floor tHe removal in Phase IT Amount )7000G .;~ l-w:J 7-.+,,,,,, w 1;),'...-\. -. '- Authorization Signature Date Print. Name and Title ... PC.';, Inc. requires written author;,',,"<;>n by the Owner prior 10 proceeding wilh ilny change orrisr work. Furrnarmoro, these change ord"r items shall be processed tor payment upon completion and In <lccorc!<lnct? with the payment term" of tn", ba"e cor1lract. PA YMENT NET 30 DA YS. 81.;1.,1" "C" "'::-22:' :: <:;"'-'ss '\': t. :-7SG-GG28 T,651 ~ :. 2!C::t ~~.. 8 5 COR # 8295 - 05R.1 pes POWER COJ\1PONE~T SYSTEMS, INC. 3200 PlKE STREET. HAR..l{JSEURG, PA l7! II TELEPHONE (717) 564-6142 . FAX (717) 564.6143 \VW\\ .pcwercompc;",ent3ySte;r.s com Change Order Request Date: I 10/10/2002 I To: Barry Lyons or Tony Lyons Constructior, (717)697-3771 -p (717) 506-1795 ' F pes Job # :. 8295 I COR # :, 05R1 I .)oa # ;Jnd COR 'l:;l ~'ll)S7' Si;; REFEt~f-NCED ON ThE ,.lPP,Q,C'/~D CHA.NGE OR:;5,~ Project: :~outh Williamsport High School I Prepared By: (Phil Matz I Descripti9n Removal of asbestos insulation from 116 pipe finings (116 fimngs x $2000/firung ~ $2,32000) Amount $3,696.00 Removal oftransite board on 7/17/02, 7/18/02 - $1,876.00 Credit for contract work. - ($1,376,00) The Ccmrac: Time will be increased by 3 d'!Ys. Authorization Signature Date Print. Name and Title - pes, Inc. requires wriNen a(Jthort:zation by the Owner prior to proceeding with any chliwge order work. F(JHhermore, these change order items shalt be processed for p'wment upon completion iInd In accordance with the payment terms of the base contract. PA YMENT NET 30 DA YS. C ,><-li~.r "b" _~:(. :2:'28~ : ",:",-':S v: l' :-!5G-0025 T-E:2 ~ :1'/:34 :..':"::l:: (J. /;JO'"f'O.l."t..::l p.l "~ --.- - ... ............ ~ ,.....- "'II~ v l pes POWER COMPONENT SYSTEMS, INC. 3200 PIKE STREET. HARRISBlJRQ, P A 17111 TELEPHONE (717) 564-6142 . FAX (717) 564-6143 www.powtl!.Componemsystern8.com Change Order Request ",'" "'~Rr""'I''''''->-''''~' """",......,'''"'~-r'''___.....~~.._---........... , 1 I _..__v~;--.....,.. ....,.~,....V"',"",,., _.,-..,......_...,....." ,'-~. '-.. ,""',,_ ""''''''"''"''V''V--"','''',''''''", ( I 1 \ \ ; pes Job#:[ COR # f 8295 I I Date:!.,. .8/2/2002 . I To: Barry Lyons or Tony Lyons Construction (717) 697-3771 - P (717) 506-1795 ' F 04 JOB /land CO~' # ~UST BE REFI!RUiCEO ON TilE APPROVEO CHANGE ORDER \ ~.".."',.,........',..~....-,~........~ .........__~. __,~..-....'~' ."_"'_oJ-...._~~._...~.____-_ -.-....,-..-..."""....-.."'--...,...... ..-"~_."-,. .. .' .'~' . ", .,'., ,-,' Project: ~outh WlUlamsport High School I Prepared By: l:hil Matz I I OW 'I._............,.-.~_._........_.....-I,.......~I'.">-~.........,......,....~. ,...~.....,.."....} ; r,..".-"~.....""'....,_w, ""...',,-..V'............"'..______..,_)o'_~ , ,,;.-.,. \ I 1 I Qescrilltion I I Removal of arlditional asbestos pipe fittings: 6 w 1st floor Janitor's closet 35 - Auditorium Rooms 9 . Fan Rooms 20 - Pipe insulation on 1st and 2nd floors Amount $1,400.00 . ,IOoo/fitting x 70 fittings '" $1,400.00) i I i j i ; i ; The Contract Time will be unchanfed. Authorization Signature Date . " ~_..~~~~:~~:~.~~~~~t~o~_,..w",___.~e>.:~2.i!?_~i;,w:..~ :~.w._w _"'_' w' . .w_ .,. .... ... _ '__"'_'''_'', , 1-- - pes, Inc. requires wr1lten /luthortzatlon by the Owner prior 10 proceeding with Ilny change order work. Furthermore, Ih~e change order Items shall be pffJc~sed for pllyment upon completion and in /lccordlJnce with the payment turm$ of the base contract. FA YMeNT NeT 30 DA YS. . ..... _,,_~,_, n_ _ ,_ .,_ _... ........,..._. ....._._./. ____ .~___ _'"_......,.-, ........'---.....n. .~_,.......'__...~ ~__''''.._.'_'' ~"', _.". ,_,.~._-, -...,_._...._... ,-. ,. ,.,~,'''' ~~i-2S-2::t :3:~Spm C:'G"'-~:S \: t' :-75:-8822 "'-652 :2' /:~t. 05/18/02 SUBCONTRACT AGREEMENT ]57-16 The; Agreement made and entered into, by and between Lyons Construction Services, Inc. a Penl15;lvania Corporati<I1, having principal office at 5237 East Trindle Road, Mecl1anicsburg, P A 17050 bereinafter called "L)IOlls", of the one part and hereinafter calle<! the "SubCllntractcr", of the other part: Power CompOQetlt Systems, me. 3200 Pike Street Harrisburg, Pa 17111 Phone (717) 564-6142 Fax (717) 564-6143 1. On February 13, 2002, a c=a.ct has been OIltered into between the Gettysburg Area School District, hereinafter called "'The 0Wller", and Lyons for lhe construction of the Alterations and Additions to the Eis=>hower Elementazy School, whicl1 t;:Mtract, addenda, if any, plans, 5pecification.s, addenda lhereto, and general and special conditions all will collectively be hcreinaftcr referrw to as the ''Principal Contract"_ Notice to proceed was dated February 13, 2002 and =tract must be tctally completed no ]ater thM D=ber 19,2002. The Subcontractor does represent that it has carefully and fully examined all of the documents that are collectively designated as the principal contract and is thoroughly Wniliar with eacll of them and Subcontractor further repr=ts that the site for the work ba$ likewise been examinW lIIId lhe site for the work and the conditions present are known and are fu:miliar to 1he Subcontractor. The parties herero agree that the principal contract as herein defu1e(! is incorporated by refurence 1Il every particulilJ' in this subcontract and is part hereof. In the event, however, ofl\lly conflict between the provisions of this suhcanll'llCt and oflhe principal contract, the provisions of this sllbcontract shall control. 2. Lyons does hereby assign, set over and sublet to the Subc<mtractor, and !he Subcontractor does h",~by covenant and agree with L~OllS to perf= and construct in a satisiitctory and workmanliko mlUl1lel', and in accordance with the tem!s and conditiOJ:l.S of the principal contract, to the approval and acceplllnce without condition, of the owner and of Lyons, that portion oflhe work of the prillcipal contract as herein designared as fullows: (A) Scope of Work: SECTION 1732 - Selective Demolition Also include(!, but not limited to the followiIlg: -Protection of surrounding surfuces from your work -Clean-up and removal of all debris caused by your work -ALTE!U<ATES G-1, G-4, G-5, G-6, G-9, G-I1 HAVE BEEN ACCEPTED BY THE OWNER ,A unit cost breakdown must be submitted to Lyons within 10 days from the date of this subcoutract. This must be COltlple:red per each phase ofwork. -Shop drawings, da1a sheets, insWJ.ation and maintenllll"" instructiaru;, and color charts must be submitle(! no later that 2S daY" frOll1 the date of lhis subcontract or your firm may be liable for late submittal f<;es charged by the architect -All d=olitiOl1 items per the arcllitectural drawmgs, finish schedule, and door schedulo -removal o~ncrete steps rrnd pad for the new =p an the west end of""", "A" C""cur: LYOn'#-. SUb~ 8"~tb+ "F' __.'Tor'1 ~r::;"'-~:S \: t' :-7'58-0028 "-651 , :11/:" 05/18/02 EXCLUSIONS: -BONDS -MECHANICAL, ELECTRICAL, PLUMBING, ROOFIKG, STRUCTIJRAL STEEL OR SITE WORK DEMOLITION UNLESS NOrED ABOVE -GC ro LA your ALL curs -TEMPORARY DUST PARTITIONS -TEMPORARY ELECTRIC -HAZARDOUS MA TER1.AL REMOVAL AND DISPOSAL -<:LTTINO AND CAPPING OF EXISTING SERVICES -CUTIThG BEAM POCKETS -CERTIFIED ENGINEER FOR SHORING Al,/D BRACING LNLESS NOTED UNIT PRICES: NONE -: O)o,'TRACT A.\10UNT: $97,250.00 DOCUMENT LIST: PlaPs. Sp;:cifications, Addenda 1 thrO\lgh 12 as prepared by El Associates, Architects aud Engine=;, 2001 North Front Street, Building No.3, Harrisburg, Pa 17102-2118 SUBMlTI ALS as required by cootract, a.1lowing 25 days for approval and processing. TIME SCHEDl.lLE: All work by the Subcontractor is to be ccnnpleted to allow sufficient time for the other Subcontractors, Prime Contractors, and Lyons to complete the project no !ale.- than December 19,2002. Sufficient time must also be allowed for the completion of each phase. The S\lbconiractor must complete its work as required by tile progress of Lyons. (B) Special conditioos to schedule of work 1. Subcontractor to pcrfurm work in accordance wilh lhe project specifications lUld COlltr'aCl drawings. 2. All materials supplied and/or used by the Subcoutractor shl\ll meet requirements and specification for 'his proje<:t and alllI];lteria.l shipments must be accompanied by certification. :,,"bcontractor is responsible far aclmini.trative pr~ures lIlld requirements associated with subcontracted schedule of work. 4. Subcontractor is required to furnish evidence ofln5Ur1lOc:e as required by specifications. 5. Quantities ofwark performo:d lITe to be verified by Lyons. 6. Subcontractor is bcund to prevailing Wllge schedule (attached). Certified payrolls must be submitted to Lyons every month. No pa}TIlenrs sha.lJ be released until all certifications are up to dare. 7. Subcontractor shall be responsible for my penalties assessed against Lyons due to lhe lack of performance by Subco!ltractor. 8. Subcontractor to COOlIIlence work wilhin 48 hours of notice from Lyons and proceed with diligenco. 9. Lyons res..-ves lbe right to issue a jowt check to Subcontractor and/or lIlatori.aJ suppliers. 10. Subcotltr.ctor required to have quaUfied Omlor approved Supenoisor 00 the project at all times. II. Subcontractor required to have all applicable sales and/or use taxes includecl in prices. Ccmcur: Lyons If{ Sub \fW... 2 A,i'26-1::' ,':7pm ;: I' c"'-~:S \: Ii 18-7S0-C:2a '-[51 ':13/:" "." 05/18'02 I. The Subwntractor by ""ecuting this subcon\'l1lCt, repr'Se>:lts and warrants to Lyoru; that it i' q\l1llified, capable, ""l'roenced IlI1d avu.i!llble to perform lhe ,chedule of the work, a5 set forth in paragraph 2 of this subcontract agreement under lhe t=n, and conditions of the principal contrllCl and \hi.> subcontract, in the quantity and for the amount therein set forth, and within the time as is, duriPg the execution oflhe principal contract, desigpated. The Subcontractor does further represent to Lyons that wh~e prequalificatioa to perform the work in tillS contract is required by lhe Owner and is a condition to contracting or subcontracting to perfOfll1 such work, that lhe Subcontractor 15 duly so prequalified and willl'(mam prequalifiw for such work for the dm'ation of this subcoPtraCl, illcll1diilg any additiotl or extetlsiOtl thereof 2. UABILITY: The project work desigpated 10 De performed under this contract will be performed entirely as Subcontractor's sole responsibility. Subcontractor will carry, for lhe duration "fthis cc:ltract, public generalliabUily insurance a minimum amount a' indicated in the specifications. Subcontractor warnmts and agrees to provide a Certificate of Insurance to evidence said coverage and n.aming Lyons as additional insured on said policy. Subcontractor further warnmts the Ol<isleuce ofWorlrers' Compensation and property and vehicle coverage and shall provide a copy of said insurance binder to Lyons. All of the above m<mtioned policies m=ce shall provide that saId policies of insurance shall not be changed 0' canceUed unt:il ninety (90) dayS -..rittenllotice has been given to Lyons. 3. PROGRESS OF WORK.: The Subcontru.ctor will begin said work within 48 hours after he is notified by Lyons and will carry fQrWlll'd and complete said work lIS rapidly lIS the progress of the work of Lyons will pemrit The SubcontnlCtor will furnish said materials, labor and equipment, prosec\lle said work with diligence, wilhout delay. and will not in My manner delay or otherwise int<rfere with th~ work of Lyon, or other Subcontractors. Should Lyoll5 conclude that a SubcontnlCtor is Wljustly and without valid reason delaying said work, or the Subcontractor has performed said work in a deficient or improper illllllIit::r, hc shall so notifY said Subcontra<:tOr by flcsimile or by telegram, ~g forth the complaint in detail, and the Subcontractor fuiIs to comply wilh said Ilotice and to correct !he complaint, Lyons shall have the legal right to take possession of all equipment, machinery and supplies, in and up 011 the contract ,ite, Including, but not limited to; construction machinery, equipment and supplies of the Subcontractor and to use the same to correct the compla$! or to have the complaint corrected by subletting this work to others, and said construction machinery and equipment as needed to be used to com:ct said work deficiencies shall De used by Lyons or any Subcontractor designated by Lyons to so 1,lSe the S<\lIle. Lyops shall charge the expetlSe of the correcting work agaiIlst said subcontract and deduct the same from the contract 4. TIME ALLOWED FOR CONSTRDCTION OF PROJECT: It is expressly understood iU1d agreed by Md between the parties hereto thaI time is and >hall be considered the e..en"" of the contract on me p'lrt of said Subcontractor and should me said Subcolltractor fuiI to begin, continue alld complete the work as herein provided lIIld should Lyons suffer or permit said Subcontractor to oc<:upy more time than required under this agreement, in that the said Subcontractor hereby covenants and agrees to indemniJy and save harwless Lyons from any Joss and damage which may be compeUed to make good to the Owoer, for or on account of delay ill the completion thereot; insofur as said delay was cause<j by the said Subcontractor. If me Subcontractor claims he is delayed in the prosecution ofhis work throtll!h no fault of his own and that such delay is costly to him, he shall be entitled Ollly to such compensatiOll fur such delay as is allowed and paid for by the Owner to Lyons to the e><tent ,uch is attributable to th. Subcontractor'. work any such claim by lhe Subcontractor shall be !lUbmitted to Lyons in writing, ccntaining aU pertinent de1llils, by the Subcontractor five (5) days prior to lhe clelIdline nee4ed lOr Lyons to submiT to the Owner. Failure of the SubcOllTractcr to give such written notice within the time frame needed by LyOllll sbaJl terIPinate any right of the Subcontractor to make such claim to Lyons or the owner. Concur: LyonS/tSUb iful 3 AUi-IE-1001 .. ",- :',,-'(S i~IC 41HE:-::16 , -6:1 , :11./:" Q5/: 8/02 S. CONDE.\o!NA nON OF WORK: Th. Subcontractor shall provide s....fficient, SlIfe and proper facili::ies III all times for th. insp=ion of the work by the Project Engineer, Archi!oct and LyOIlS Or their autbol"izM repr=llttives, for !he inspection ofth. S....bcontractor's WQl'k ""d matfrials used cr to be used. Hi: shall at 0Il<'e, remove all mate,.ia.l~, and take down ewd rebuild all portion ofth. work caudemned by the Project Engi:Il...., lh. Nchitect lllld ;,.yon.s or thei:' r'?l'esentanve, upon rec:ivingIlOtice in writiDg ofsu6 condemn.tiOlO. 6, F..XTRA WORK: All extra work to be perfun:aed by the Sub=tr1lctor must be couder;sed \;) writing at a rat. of pay agreed upon before Stlch work is \l:ldertaken. &lid =-a work . agr~!:lust be sig;ned by repres=tives ofLyOIlS and SubcoDtractor and will be 5'"bject to the = apd cauditions of the subcontract agr""",ent. 7_ INDE.!v.INIFICATIONOF CONTR....crOR-PAT.ENTS A...'ID PATE,,-'TRIGHTS: Th. StI1x:oo!r'=or her.by cOvenants Ollld agrees to iIl~ and save ha:m1ess Ly""-,, from any a:nd all claims or suits from iD.fr:ip.gemc:tlts of palenlS or y;oJ..atian ofpat= rights, includiDg all cW>-'l and ~= to which LyoIlS II<aY be put i::l d.efeuding flIIY a,.."ti0ll that may we through the wo~k of the Sub=tractor. 8. INDEMNTPlCATION OF CONT.RACTORAND OWNER FROM ALL UI\BILIT':::': The Suhcontract.ar shall have charge of the entire wark until complctio;:: and accep:a::ee, md shall alone be 1iW!e fur zrod $all pay all loss or damage caused by lUm or by his savants, ag""-:s or e:r,pJoyee:; to propc:rty, buildings or adjacent wru-k llIld for MY accident to p","sons that may = during tile performance of the work covereC by this suboontraet C1r a= any lime therellft"f as a =eqw:nce of the perl'..ormllIlCO of said work. The Subc<mtraClor s."o1l oi:;:;erve all Stale OIld MunicipallaW5, ordinances and regulatiOllS and shall defend and s.ve h=l""$ Lyons and the Owner from all suits and claims whatever for loss of life or injury occ=ing lC e::nplQ)'.... oflh. SubcontractOr \WO pen= such work. The SubcontractOr ogrees to fully bde"'~;fY, protect and Sllve harmless LyCll).S and lh. Owner frOlIl allliabUity from all C:aims, loss, d=age, surts and actiaus of .very kind and from all costs and exp=s in CODIlection with such cWm.s, 5'.ti~ and actions due to iIljurie<; to persCtls or damage to pro;>ery wheilier ~?7, resulting from accident, neglig::Ilce*o, any othar:.nuoi whot;;"",,,,, occurring dur'.ng tl:e IfM- if) ~ potformanco of the work coverd by this subcontract or at any time thereafter as a =sequwce ofth.perforrollIloe ofthesarne rn: whid! may ll! llllytiu:e occur or res,;]: f:-o:n or be caused by such work and if there .,-e any such cl1l.ims ins'.alled \Wen the work herciI: provided fo, ~ completed, final set'Jetl:lent by Lyons BIld S1.lbcontract01' sha:l be def~-red untL stith clilitl~ are atj~ Of sUitable special illUliWty aCCtptA~le to L)For.s i~ ;li'oViI1eJ by w. \~CU. ~ SubcO:tltraC:or. *of slb.:ontractor, it I S subcontractors, agents, errploy€€s or arycre \ -~ /'.J ~ else for wtm trey may I:e liQble, ;:1. 9. TAXES: The Subcontl1lC!or shall pay all the P=sylvania sales Il:ld use taxes 0;:: all =ab!e items, llIld all Federal Old Age Benefit taxes, Federal Unemployment COIllpensatio:; lns=ce on alllabcr fumished und... thi$ rontra.ct, as r.,.,wrw by the C;o=OIlwealtt of P=sylvania and lhe UIlited Stites Govomment, as well as any other taxes, Fe&ra1, S;;ate 0-; Lo~ applicable to rx occasioned by the SubcoIltracwr's pcrf=ance oft.'1is =tr1act cr: e:nploymwt of persons herO'.ll:lder. 10. ASSIGl'o.'MENT OF sUBCONTRACT: Nooe ofth. rights under this subcontract, iocluding assignt::l~ offunds, shall be :lS$ign.ed by the SubcoIltr/lctor witbOl..1 prior written conser'lt frOUl Ly=. Any attempt to assign m. su~tract will openll. as an insmnt forfejture ""d repudi~o:-. th..-""fby the SubcODtraCto, and the rights of the parties s.'1all be derermJned it: the SillIle ="1: as though the Subvonrractarhad at we time ofouch attempted assigm;;em failed and refused tD COllrirlue to pe:form lh. COlltract. In case of defat;l: by Lyotl.5, 1l:is suDc=am i.s assign.ed to UNITED STATES FlDELITY AND GUA.RA."TI COMPA.....'Y, C/O ~r COMPANIES, P. O. BOX 13576, BALTIMORE, MD 2:203. C<lrl=: LYOnS~~b ~ 4 ;"::;..--:::5 \j: l' :-7'5:-0:28 '-551 ':1!/:31 .-c: 05/18/02 11, EXTENSION OF TIME; No allowance oftinle will be made to the Subcontractor fur delay in preparing his dniwings or, in securing approVlll of the Owner lI!ld his representative when such dniwmgs are not properly prepared fur approVlll of the Owner and his represCllllltive, Extensions of time to be granud to the Sulx:ontractor will be the same only I\.S is granted to LYonS by flie OWt'ter, Wid Will be in M.oOrdan~ willi the Sp~ificatiotis in lie pril1Cipal contract. 12. CONTRACf AND LABOR AND MATERIAL BOj',1)S: The Subcontractor funher agrees that he will simull3n=ly, with the execution of this ~gr=ent, provide LyOns, if requested, with a contract boud, covering satisfuctoIy perfOI1l\llnCe of the work contrncted, the pwal sum of 100% of the amoWlt of the contract, and an "additional bond for labor and materials," covering the prompt paymt':O.t in full fur utility services rendered to Sut>-Sllbcontrltctors and far all materials furnished, rental for equipment used, and/or labor :lUpplied or perfonned, in the prosecution of the work, llIld also in lhe penal SUIIl of 100% of the amowlt of the contract. Both bonds must also be ",,=04 by a Corporate Surety satis1i>.ctory to Lyons. Payments \.IIIdeI' um $Ubcontract l1UtY be withheld ~t any time during the life of SlUlle for non-compliance v,ith the above banding requirements. 15, TERMS OF PAYMENT: Lyons agrees to pay lhe Subc<lntrltctor his portion of all payments re<;cived by Lyons frOIll the Owner within lK!\Ien (7) days after receipt ther(lOf. It is We uudel:$lood an.cl agreed that all cmmlllCS shall includelhe materials on site if So permitted oy lhe Owner as a)l'\rt oflhe current l'Slimate. A. NiIlety (90) percent of the compensation due to Subcontractor under the agreeweDt shall be paid by Lyons to Subcontractor upon appropriate invoice by SubcOllll'llCtor after substantW inspectionlllld approval of the work by Lyons; lUld B. Ten (10) percent of the cmnpensation due Subcontrac1or under this agreement shall be paid by Lyons to Subcontractor upon appropriate invoice by Subclmtractor after ~tance of the work by the Owner or general Sllhcontractor. Iflhe work is found to be unacceptable by lhe Owner or his agent, Lyon. shall have the rigllt to COtllplete any necessary repairs and backcharge subc<>ntnlClot' for said repairs. It is funher Wlderstood and agreed that no payment 00 accmmr shall operate as an approVlll of said work or materials, or any part thereof. 16 . APPROVAL OF SUBCONTRACT: 11 is ll1lderstood and agreed by me parties hereto \hat lhis agreement is subject to the approval of same by the Owner. 17. L YOl',"S RlGHT TO WITHHOLD PAYMENTS: LyOU$ shall have lhe right to withhold paymenr.s from the SUbcantraCl();, in IIddition to retain percentage5 as may be provided in the principal contract, of such amounts as may be necessary both to insure compliance with all of the terms of this contrnct by subcon!l1l(:t, for work performed by the Contractor or other Subcontractors in accordance wilh paraglllllh 4 of thi$ contract, and lIS necessary to pay all just claims for labor and services, rental and materials furnished in and about said work. wl1ich is the obligation oflhe Suboontractor to pay. Lyoos shall h~ve the right, acting as agent oftbe S\lbcontra=, to apply such retained amount to the payments of suc4 just claims and [or work required to be performed. Concur: LYWS~ \?W- 5 AUi-lc-1004 "". ,c- "om-PCS I~C 41H6:-::1S --;:1 , :16/:3/. 05/l8/02 18. SUBCoNTRACTOR'S RELEASE TO CONTRACTOR; Upon receipt of fiMl payment, the Subcooo-a= does hereby agree to give Lyons" duly signed release relievin!; the Contractor from allY li1>bility in regard to mwi.. due uruler ~ subcontract, and the Subcontractor will certifY that all nfbis obligations for services, mat!.-ials, equipmont reotal, tools, etc., incurred an this subcono-act have been paid md tha1 if any liability should occur on his behalf, then the Subcontractor will inde.:nn.ify the Conlractor. 19. PRlOR NEG011A nONS AND AGREEMENTS: All negotiations and agreements prior to the date of this agreement are merged herein. This subcontract ba'l been read and is fully UlIdttstood by the Subcontractor. Lyons and the Subcontractor for themselves, their successors, executor., .dmini.tratorl and assigns, hereby agree to the full performance oflhe covenants of this agr=ent 20. TER.\.1INATION: If Lyons work is terIllinaled or l\bilndaned, if Sulx;ortlnlctor cannot work in harmony wilh other Cootractors, Subconltl1ctor.; or lhcir employees,. is in breach of coutract or it is otherwise noc=ry for the welmre nfthe job in lhe judgment of Lyons to \=in.to this contract, Lyons may do so by written \lOtice to Subcontractor 1ll1d, absent any breach of contract by subcontract, pay Subcontractor on a pro rata basis for COlItract completion to that point accordingly as Lyons has been so paid for such work by the Owner, but Subcoutractor Shall nOI receiVe <it is entitled to aotieipllfe:d profits for my W6r1< not completed by Subcontractor at time ofterminatian. 21. REMEDIES ON DEPAUL T: Any disputes as to the operation, filifiJ4nent of mean in!; of this contraCt or of the ~on thereof; may be r..olved either by lU'bitration or by action at law, at the sde option ofLyOllS. !fLyons shall det=ine in Its sole discretion, to resolve the dispute between the parties by arbitration, >Uch should be in accordance with the thc:n prevailing rules, regulations and procedures fur commercial arbitratioq as establi,med and administered by the Ameri= Arbitration Association and an award PlJI'Suant to such arbitration,mall be final and binding <'JI\ both parties_ Lyons shall haY<: thirty (30) days after written notice and receipts of complete informlltion by the Subcontractor to determine what legal action it will choose to take to resolve the disputed matter. In witness whereof; lhe parties hereto, with lhe intent to be legally bOWld hereby, have ex,ewted this subcontract the day and year above written. ATTEST: CONTRACTOR: LYONS CONSTRU ~~~W~;~iE~/~'~ (CORPORATE SEAL) ArrESTOR WITNESS: 1::e:~<L1 >:Ttli?L~LC ~[r(IDI A Concur: Lyons~_ Sub \tUt 6 AUi-IE-100A :,:' 90. "om-DCS i ~iC "-Co ~"" ................... 410-768-::28 '-6:1 ':1"/:,1 1+ I"b'tb 1 't;;J to. 1 ,....u .ll~ COR # 8486 . 01 v pes POWER COMPONENT SYSTEMS, INC. "'J". , 3200 PIKE STREET' HARRISB lIRG, P A 17111 TELEPHONE(717)564-6142. FAX (717) 564-6143 www,powercOluponentsysterrulCOIll Change Order Request . '~"'"""''''''"~-~~'''''''''''......''~'' ~...,_....'...,..._....................."^-~--...........- , -"'- '''''~-'''''-'-'''''''''''''''''''''''''''''''''''''''''''''''-''^''' -'" . ~-'" '..., ...'-,,- .'~', _. ',_e".-,. "l I , pes Job # : 1~~'84861 COR # : l, 01 1 Date: I" 8/26/2002 I To: Barry Lyons Lyons Con5truction Campa (717) 697-3771 - P '. (717) 509,1795 - F l ~.,..............."~~~,._",,.,,..-,._.......#---........,,,,,-~----------_..... i , l , ~.,..>,.,-,.,....-,\""",...""..."...",,_....,--~-,....._...- i I , j , -"--_'___9",_'_~""''"o,,~..,--.-.. ,'.".",-"." ~"""'_"~..,u:.~..~ , JOB t1111ld r;O/l ~ MUST BE REFERENCED ON THE APPROVt<O r;HANGE ORDER Project: lEisenhower Elementary School l Prepared By: IJohn McGinley I r,~' "'_n, .. ._--..,,-~-.....,_.................~--"""".."", -~--",'"'_.< ".. -,..,.......~""""',........~ , i f 1 , :escriDtion Oemolition of brick on North Wall of Lobby 8100. Amount $426.44 i I 1 The Contract Time will be uncl1ane-ed. Authorlzlltion Signature Date pnnt. Name ana Title . [::; ~. b; 1- "G I' .<. ,~'''''.''''~"''''"-'''''''''""-,."..",,, ........"~-""'."..............~...-.'.-m'_..__.:..,.,...""'....,_......,....:;.~.f;~...,,-"'_..~,'l.-r...~....,.!'..~....._"..";............",',.,..."'...',,."""',.,', ,."., ,__ ,.. ,. .~' ..... '," '_n"_ '''"u...-o. "'" pes, Inc. requires written aulhcrization by Ule Owner prior to pror;eeljlng with /lny change order work. FurthermQre, these change order items shall be proco$Sod felr paym~nt upon completion and In accordance with the paym~nt torms of the base contfllct. PA YMENT NET 30 DA YS. ":-1::1 83! ,pm ;'::;h~:S \: t' :-768-C822 "'-S:2 :12/:,1 .-.' ";1,02 SUBCONTRACT AGREEMENT ]56-18 This Agreement mllJie a.~d altered into, by and between Lyons ConstrUction Services, Inc. a Pennsylval'.ia Corporation, haYing principal office at 5237 East Trindle Road, Mechanicsbmg. Pa 17050 hereinatler called "Lyons", of the one part and hereinafter called the "Subcomractor", of the ofr.er part: Power Component Sys1t:111S, Inc. 3200 PIke Street Harrisburg, PA 17111 Phone (717) 564-6142 Fax (717) 56+6143 I. On February 6,2002, a contract has been. enIeroo into berween the Mount Carmel Area Sc."-ool District, hereinafter called "Th.e Owner", and Lyons for lhe ConstructJOll of the Additions and Renovations to the MOUllt Carmel Junior/Senior High School, vmich OOlltraC!, addenda, if any, plans, specifications, addenda theret(>, Ili\d general aud special conditions aU will collectively be hereinafter referred to as the '1'rincipal Contract". Notice to pr~d was dated February 6, 2002 and contract must be totally completed in phases per addendum no. 6. The project is to be completw in phases. Addendum no. 6 clarifies lhe completion date for each phase. The Subcontractor does represent that it has ClltefilUy and fully =mined all of the documents that are collectively designated as the principal contract and is thorm:ghly mrnili"r with each of them and Subcontractor fu:1her represents that the site for the work has likewise been examined and tl)e Slle for the work and the condttioll> present are known and are fumiliar to the SubCOIltractor. The parties hereto agree lhat the principal contract as herein defined is incorporalw by refer""ce in every particular in this subcontract and is part hereo[ In the event, however, of any conflict between the provisions of this subcontract and oflhe principal contrllCt, the provisions oft.'>is subcontract shall control. 2. Lyons does hereby assign, set over and sublet to the SubcontraCtor, and the Subcontractor does hereby covenant and agree with Lyons tc perf= and construct in a satisfactory and workmanlike manner, and in accordance with the terms and conditions of the principal contract, to the approval and acceptance without condition, of the owner and of LyOll5, that portiOIl of the work of the principal contract as herein designated as follows: (A) Scope of Work: SECTION 01732 - Selective DemoliriOll Also included, but not lillmed to the following: -'Protection of surrounding surfaces from your work -Clean"up and removal of all debris caused by your work -AL TERc>.;ATES G.l thru G-? HA VB BEEN ACCEPTED BY THE OWNER -Required insurance certificates must be filw with MDunt Carritel Township prior to starting work. J\ddress: 300 Laurel Street, P. O. Box 0388. Atlas, Pa J 7851 (570) 339-1287 -A unit cost breakdown must be subminw to Lyons within 10 days from the date of this subcontract. This must be completed per each phase of work. -Shop drawings. data and SJlIllples to be received by Lyons no later than 25 calendar days :rom the date of this subcon~J,;' - Tooth-of! It-aso\jtJ:J Concur: Lyons~_ Sub . E~h.L:1- " H" F rom-~CS ~jC m-16:-::1; '-651 , :,:/:,1. 03/03/02 -All demolition items on dTawings D.l thru 0.8 with the excepton of excluded items -Floor mastic to be mechanically scraped,.".ooth with floor Or shot blast. -The owner may elect to accept alternate G-8 at al= date the Deduct of $17,500.00 will apply if this work bas not begun. -Incbdes all demolition required for new construction or renovations except those listed under exclusions. EXCLUSIONS: -Bonds -Demolition Items 4,16,18, and 20 on drawings D.l thru D,S -Delllolition of windows W3, W4, W4A, W5, W5A, W7, and 16 alllIDinum etlt1'lltlces thatreceive new Vlindows or entrances -La)'Out of cuts by GC -Mechanical, electrical, plumbing, roofing (except for cutting in skylight openings), structural -;1 eel, or site work demolioon -Temporary dust parritioos - Temporary lights or electric -Certified engineer services fur any shoring or bracing unless noted -Reseeding of lawn -Salvage of existing, excepl as noted ,Hluardous PJ,llterial removal and disposal -Cutting of existing services. All services to be cut and capped or identified by others prior w dewolition UNIT PRICES: NONE COl';TRACT A.'vfOUNT: $133,650.00 DOCUME~I LIST: Plans, SpecificatiOllS, Addenda 1 through 6 as preplU'ed by Crabtree, Rohrbaugh & Associates Architects, 40 I East Winding Hill Road. MechaP.icsburg. Pa 17055. SUBMIT! ALS as required by conrr-act, allowing 25 days for approval and processing. TIME SCHEDCLE: All work by the Subcontractor is to be con1pleted to allow sufficien: time for the other Subcontractors, Prime Contractors, and Lyons to completelhe project no 1= than Indicated in addendwn no. 6 for eac." phase. Sufficient time mU$ also be alJow.,q for the completion of each phase. The Subcontnctor must complete its work as required by the progress of Lyons. (B) Special conditions to schedule of work 1. Subcontr~ctor to perform work in accordance with the project specifications and contract dray,ings, 2. All materials supplied and/or used by the Subcontractor shall meet requirements and specification for this project llnd all material shipmwts must be accompanied by cenification. 3. Subcontractor is responsible for administrative procedures and requirements associated with subcontracted schedule of work. 4. Subcontractot is required to furnish evidence of Insurance as required by specifica:'lOr.s. 5. QU&ntities of work performed are to be verified by Lyons. 6. SUbcontractor~ls und to prevailing wage schedule (alt1idled). CmiPed pa)oTolls must be submitted to Lyons every rn . No, PJ:;'1en~s shall be releasw until all certifications are up to date. Concur: LYoosX_ Sub~ 2 AJi-16-1::1 03, lOpe ;: r :;~-:;:S \: 4 i 8-76:-::28 '-631 ' :3'/:31 '-'35 03/03/02 Subcontractor shall be responsible for any penalties assessed agaiust Lyons due to the lack of penOrmance by SUOcontractor. 8. Subcontractor to commence werk within 48 bours of notice from Lyons and proceed with diligence. 9. Lyons reserves the right tc lssue . Joint check to SUOcontractor anGlor materia! supp4m, '<.1bcontractor required tc have quali1;ied Owner approved Supervisor on the project at aU tim~,. Subcontractor required tD have all applicable sales and/or ll.'le taxes included in prices. o '. 1. The Subcontractor by executing this subcontract, represents and warrants to L)'ons that it is qualified, capable. expt:ri..,oed and available tc perf= lhe schedule of the work as set furth in paragraph 2 of this subcontract agr=ent under the terms and conditions of the J'1'i"cipa1 contract and this subcontract, in the quantity and for lhellrnol.lIlt therein Set forth, and within the time as is, during the execution of lhe principal contract, designalw. The Subcontractor does !Ul1her represent to Lyons that where prequalification to per~= the work ir. this contract is required by tile Owner and is a condition to COntracting or subcontracting to perform such work, thatlhe Subcontractor is duly so prequalified and will remain prequalified for such work for the duration of this subcontraCt, including any addition or extension thereof. 2. LIABILITY: The project work designated to be performed under this COll-tract ....ill be pe1formed entirely as Subcontractor's sole responsibility, Subcontractor will carry, for the duration of this contract, public general liability insurance a minimum amount as indicated Ul the specifications. Subcontractor WllmlIlt5 and agrees tD provide a Certificate of Insurance to evidence said coverage and naming L)'OIls as adllitional insured on said policy. Subcontractor furthor warrants the existence of Workers' Compensation and property and vehicle coverage and shall provide a COP), of said insurance binder to Lyons. All of the above mentioned policies insurance shall provide that said policies of insUrance shall not be changod or cancelled until ninety (90) days written notice has been given to Lyons. 3. PROGRESS OF WORK: The Subcontractor will begin said work within 48 hours after he is notified by Lyons and will carry formu-d and COIIlplete said work as rapidly as the progress of the work of Lyons will pe-mil- The Subcontractor will furnish said materials, labor and equipment, prOSec1.lte said work wilh diligence, without delay, and will not in any manner delay or otherwise inrerfere with the work of Lyons or other Subcontractors. Should Lyons conclude that a Subcontractor IS unjustly ano wilhou! valid reason delaying saia \'owk, or ll-.e SubcontIllctor has perf=ed said work in a deficient or improper manner, he shall so nOllfy said Subcontractor by facsimile or by talegram, setting forth the complaint in detail, fl1'd the Subconn-actor fills to comply with said notice and tc correct the complaint, Lyons shall11ave the legal right to talre possession ofllll equipment, machinery and supplies, in and up on the contrac: site, including, but not limited tc; construction machlIlery, equipment and supplies of the Subcontractor and to use the same to oorrect the oomplain! err to have the oomplaint corrected by subletting this work tc others, and said construction machinery and equipment as needed to be used to correct sajo work deficiencies shall be used by Lyons or any Subcontractor designated by Lyons to so use lhe same. Lyons shall charge t'Je expense of the correcting work against said subcontract and deduct the ~e from the conn-act. 4. TIME ALLOWED FOR CONSTRUCTION OF PROJECT: It is expressly understood and agreed by and between the parties hereto that time i5 and shall be coosidered the essence of the contract on the part of said SubcontrnctOr and should the said SubcontraClor fail to begin, continue and complete the wnrk as berein provided and should Lyons suffer or permit said Subcontractor to oc<:upymore time than required Ul'lW this agreement, in !hat the said Subcootl'actor hereby covenan1s and agrees to indemnify and save harmless L.yons from any loss and damage which may be compelled to mllke good to [he Owner, for or or. account of del~y in the complctiOll thereof, insofilr as said del~y was caused by the said Subcontractor. If ,:n~~contractor claims he is delayed in the prosecution of his work through no filult of his oWl) <J1hat such delay is costly to him.., he shall he entitled only to such compensation for , y S' 'UA 1 ;... Lyons;' _ un_~'I_"v 3 Concur: ;~i-26~2~Ot 03: 2:t]~ :: ':;--':S ; '1C 410-7S0-::1: --6,1 ':E1/:E1 .-.' 03/03/02 such delay as is allowed and pllid for by lhe Owner to Lyons to the extent such is attribulable :0 the Subc<lntractor's work any such claim by lhe Subcontractor shall be submitted to Lyons in writing, contaiWng all perti!leul ~t:ails, by the Subcontractor five (5) days prior to the deadline needed for Lyons tc submit to the Owner. Failure of the Subcontractor to give such written notice within the time tt/l1lle needed by Lyons shall t=inate any right of the Subcontractor to wake such claim to LyOlJS or the own",. 5. CONDEMNA nON OF WORK, The Subconrractor shall provide sufficient, slife and prop'" mcilities &t all times for lhe inspection of the work by the Project Engineer, Architect and Lyons or their authorized ~esealatives, for the in'Pection oflbe Subcoutractor's work and materials used or to be used. He shall at once, remove all IIlilterials, and take down and rebuild all portion oflbe work cond=ed by the Project Engi."leer, the Architect and Lyons or their representative, upon receiving notice in writing of such condemnation. 6. EXTRA WORK: All extra work tc be performed by the Subcontractor must be condensed to writing at ante of pay agreed Uj.>Ql before such work is undertaken. Said extJ:a work agreement must be signed by representatives of Lyons and Subcontractor and will be subject to the terms and conditions of the subcontract agreement 7. !l\1)EM:-iIFlCA TlON OF CONTRACTOR - FA TENTS A.."'D PATENT RIGHTS: The Subcontractor hereby covenants and agr~ tc indemnify and save h=les~ Lyons from any and all claims or suits n-om infringements of patents or violation ofpatettt rights, including all costs and expenses to which Lyons may be put in defending any action that 1,lllly arise through the work of the Subt;Qntractor. 8. !l\1)EMNIFlCAT!ON OF CONTRACTOR AND OWNER FROM ALL LIABILITY: The Subcontractor sha1Illave charge of the entire work until completion and acceptance, and shall alone be liable for and sball ~y all loss or damage caused by him or by his servant', ag/lnts or employees to property, tr.1ildings or adja"""t work and for any accident to persons that may occur during the performance of the work covered by this subCOl1tract or at any time thereafter as a CGlSeqtle:nce of the performance of said work. The Subwntractor shall observe all State and Municipal laws, ordinl\IlCO$ and regulations and shall defend and save harmless Lyons and the Owner from all suits and claims whatever for loss of life or injury occurring to emploYees of the Subcontractor who perform such work. The Subcontractor agrees to fully indemnify, protect and save harmless Lyons and lhe Owner from all liability from all claim" loss, damage, Stlits and actiOl'ls of every kind and from all costs and el.'jlc:nses i.'\ connection v.ith such claims, SUIts and actions due to injuries to persons or damage to property whether resulting from ~cidenl, negligence or any olher cause whatsoever occurring duru-,g the performance of the work coverl:d by this subcontract or at any time thereafter as a consequ""ce of the performance oflhe same or w~ch may at any rime occur or result from or be caused by such work and if there are any such claims installed whel the work herein p,ovidee for is COIlIpleted, fipal settlement by Lyons and Subcontractor shall be deferred un:il such claims are adjusted or suitable speciltl indemnity acceptable to Lyons is provided by the Subcontrac1Clr 9. TAXES: The Subcontractor sb.a.ll pay all the Pennsylvania sales and use taXes on all taxable items, and all Federal Old Age Benefit taxes, FeCeral Unemployment Compensation Insurance on all labor furniMod u,lder this COl1tract, as r"'luired by the CommonwealU\ of Pennsylvania and the United States Government, as well as any other taxes, Federal, State Or Local, applicable:o or occasiooed by lhe Subcontractor's performance of this contract or employmenr of persons hereunder. 10. ASSIGNMENT OF SUBCONTRACT: None of the rights under this subcontract, including asii em of funds, shall be assigned by the Subcontractor without prior written COnsent fr. ];Jns. Any, attempt to assign the subcontract will operate as an instant forfeiture and Concur: Lyon,>:' ~S'J.b~ 4 ac F rom-peS I NC 410-76:-::28 '-6:1 ':22/:31 ,-", 03:03/02 repudiation th..-eof by the Subcontractor and the rights of the parties shall be determined in the same Planner as though lhe Subcontractor had at the time of such attempted as51gru1leIlt :;.Ued and refused to continue to perform the contract. In case of default by Lyons, this subcontract is assigned to UNITED STATES FIDELITY AND GUARA."rfY COMPAXY, C/O ST. PAUL COMPANIES, P. O. BOX 13576, l3AL TrMORE, MD 21203 11. EXTENSION OF TIME: No allowance oftiIne will be Plade to the Subcontractor for delay in preparing his drawings or, in securing approval of the OWIler and his representative When such clrawings are not properly prepared fur approval of the OWIler and his representative. E=sioll> oftiIne to be granted to the Subcontractor will be the Same ooIy as is granted to Lyoo.s by the O"11er, and will be in accordan"" WIth the specifications in the prmcipal contrach 12. CONTRACT AND l..AJlOR AND MATERIAL BONDS: The Subcontractor further agrees that he will simultaneously, with the execution of this agr=ent, provide Lyons, ifrequested, with a contract bond., covering satisfactory performance of the work contracted, the penal sum of 100% of the amount of the contra<:t, and an "additional bond for labor and materials," covering the prompt payment in full for utiliTY services rend~ed to Sub-Subcontracto," and far all mat.erials furnished, renlll.l for equipment used, and/or labor supplied Or porformed, in. the prosecution oflhe work, and alSl> m the penal sum of 100% of the amount of the contract. Both bonds must also b<: ~eculed by a Col'J'Ol"lte Swety satisfuctory to Lycns. Payments under lhis S1lbcon= may be withheld at any tiIne during the life of same for non-compliance with the above bonding r"'luireP1ents, 15. TE~\o1S OF PAYMENT: LyOl1S agrees to pay the Subcon=orhis portion of all payments received by Lyons from lhe Owner within seven (1) days after re~eipt th...eof. It i, also Wlderstood and agree4 that all estimates shall in~lude the material.s on site if so penni:ted by the Owner as a part of the current estimate. A. ~L"\ety (90) per=t of the compensation due to SubcontraCtor und..- the agreement shall be paid by Lyons to Subcontractor upon appropriate invoice by Subcontractor after substantial inspection and approval of the work by Lyons; and B. Ten (10) percent of the compensation due Subcontractor under lhis agreement sb2l) be paid by Lyons to Subcontractor upon appropriate invoi~ by S"bcontractCr aftcr acceptance oflhe work by the Omlor or gen..-a1 Subcontractor. If the work is found to be unacceptable by the Owner or his agent, Lyons shall have the right to complete any nec.essat)' repairs and bockcharge Sllhcontractor for '!B-id repai."S. It is furth... Wlderstood and agreed that llO payment on account shall operate as all approval of said work or matt:rials, or any part thereof. 16. APPROY AL OF SUBCONTRACT: it is understood lllld agreed by the parties hereto that this agreement is subject to the approval of same by the Owner. 17. LYONS RIGHT TO WlTIfrIOLD PAYMENTS: Lyons shall have the right to withhold payments from the Subcontractor, in addition to retain percentages as may be provided in the principal ~ontr.ct, of such amounts as may be necessl\r)' both to insure compliance wim all of the terms of this contract by subcontract, for work performed by the ContraCtor or other Subcontractors in accordliDce wilh plU1lgraph 4 of this contract, and as necessary to pay all just claims for Labor and service:;, rental and materials furnishw in lll1.d about said work, which is the obligation of the Subcontractor to pay. Lyons shall havelhe right. aCling as aset!)t · subcontractor, to apply such retained atf\ount to the payments of such just claims and ork required to be performed. Lyons -----.: Sub Jf!!..!/ 5 Coocur ,A...i.25-20Ct 03: 21 ~m F rom-PCS ! NC 03/03/02 41 H60-0016 T-652 :3l/:3t 18. Sli13COKTRACTOR'S RELEASE TO CONTRACTOR: Upon receipt of final payment, the Subcontractor does hereby agree to give Lyons a duly signed release relieving the Contractor from any liability in regard to monies due under this subcontract, and lhe Subcontractor will certify that all of hi. obligations for services, materials, equipment rl,!r\tal, tools, ere" incurre4 on this suboontract have been paid and that if any liability should occur on his behalf: then the Subcolltractor will ind=ifY me COIltractor. 19. PRIOR NEGOTIATIONS AND AGREEMENTS: All negotiations and agreemcnts prior to the dale of lhi<l agreemOllt are merged herein. This subcontract hllS been read and is fully UIlclcrsrood by the Subcon=. Lyons and the Subcontractor for them...lves, their successors, executors, admmistrator. and a..~s, hereby agr"" to lhe full performance of the covenan!S of this agreemen~ 20. TERMINATION: If Lyons work is tel'Iltinated or abandoned, ifSubcOlltractor cannot wmk in harmony with other Col>.tractors, Subcontractors C1t lheir employees, is in breach of contract or it is otherwise necessary for lhe we1filre of the job in the judgment of Lyons to terminate tlili contract, Lyons may do so by written notice to Subcontractor and, absent any breach of contract by subcontract, pay Subcomractor on a pro rata basis for Contract completion to that poilll accordingly as Lyons has been so paid for such work by the Owner, but Subcontractor shall not receive or is entitled to anticipated profits for any work not completed by Subcontractor at time ofterminatiOll. 21. REMEDIES ON DEFAULT: Any disputes as to the operation, fulfillment of meaning oftlli. contract llr of the exe<:utiOll thereof; may be resolved either by arbitratiOll or by actiOll at law, at the sole option of LyOll!l. lfLyons shat: determioe in its sole discretion, to resolve the dispUle betw=l the partill:l by arbitrllticm, such should be in =rdance with the then prevailing rules, regulatiOClS and procedures for commerciallll'bitration lIS establi.shw and adminiBtered by lhe American Arbitration Association and an award PUl"Suant to such arbitration shall be finall\l1d binding 01.1 both patties. Lyolls shall have thirty (30) days after written notice and receipts of complete infurmation by the Subcontractor to determine what legal action it will choo... to take to resolve the dUlputed matter. In witness whereot; lhe parties hereto, wilh the intent 10 be legally bound llt:reby, have executed this subcontract me day and year above written. ATTEST: I 'JJb';',~ R.~~U {k>;,.......j- SECRETARY I \111111 (CORPORATE SEAL) ,\\'\ "'" ~~"~O~EN T S} ~'l';;rEST OR WITNESS; ~"'~ ~~ ~~ , ~O ' / Sa:: cry lATE =-UJ l__ ~~ ~RATE SEAL) ~~. .. ~ ~ ~.. ", ", ~ ' (jl\\\\ '. c::cur; LYOns1Ji;i Sub l~ CONTRACTOR: LYONS C17~~~C:S' we. B~'T. LY~RESIDENT :o~~~ '?111102- 6 -p~~ il \ ~ '- ~ 6 ~ ! :t:J 'l p:. )J ':t::> .:.t-.. --:t:- (" !"-.? () .,1 ---I ( . (,,-, \.~_. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-04585 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POWER COMPONENT SYSTEMS INC VS LYONS CONSTRUCTION SERVICES RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LYONS CONSTRUCTION SERVICES INC the DEFENDANT , at 0920:00 HOURS, on the 22nd day of September, 2004 at 5237 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 by handing to MARCIA ESPENSHADE, ASST SEC, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.62 .00 10.00 .00 37.62 ,~~~~ R. Thomas Kline 09/23/2004 LAMB WINDLE Sworn and Subscribed to before By: me this .~ day of (j)~ J{itN A.D. (L"-L.- r;l Rl<.Mv ~ ftlprothonotary I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW POWER COMPONENT SYSTEMS, INC., Plaintiff NO. 04'4585 V5. LYONS CONSTRUCTION SERVICES, INC., Defendant PRAECIPE FOR ENTRY OF APPIEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Sudhir R. Patel, Esquire, as counsel for the above-captioned Defendant, Lyons Construction Services, Inc. Respectfully submitted, RILEY AND FA SUDHIR R. PATEL, SQUIRE Attorneyl.D. No. 75914 The Necho Allen No. 1 Mahantongo Street Pottsvill'e, PA 17901 Phone: (570) 622-2455 Fax: (570) 622-5336 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: James C. Sargent, Jr., Esquire Evan J. Kelly, Esquire LAMB McERLANE, P.c. 24 East Market Street, Box 565 West Chester, PA 1938l-Cl565 DATE: q /30/(flf , .,~~ fer J nstone-Keich, Paralegal to SUD R. ATEL, ESQUIRE "', c-J c,~:;> .c- o C") --, o -'1"1 :;:J fii:U r-~ -an'"" ?J9 ~:1c) ;'~~i ,_,C) :,';~I rTl ~~:-::: .,.U' -< N -:-':1 :::\: CJ U'! . LAMB McERLANE, P.c. By: James C. Sargent, Jr., Esquire Attorney J.D. #28642 By: Evan J. Kelly, Esquire Attorney I.D. #85939 24 East Market Street, Box 565 West Chester, PA 19381-0565 (610) 430-8000 Attorneys for Plaintiff POWER COMPONENT SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS Plaintiff, vs. : CUMBERLAND COUNTY, PA LYONS CONSTRUCfION SERVICES, : CIVIL ACfION - LAW INC., Defendant. : NO. 2004-04585 P PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff, Power Component Systems, Inc., and against Defendant, Lyons Construction Services, Inc., in the amount of $33,981.10, plus interest, costs, and attorneys' fees for want of an Answer to Plaintiff's Complaint. An assessment of damages hearing will not be required. I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of said notice is attached hereto. LAMB LANE, P.C. - "" /~ By: 7 J~e~~. sargen~, Jr., ~SqUire Evan J. Kelly, Esquire Attorneys for Plaintiff LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 ". POWER COMPONENT SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS Plaintiff, vs. : CUMBERLAND COUNTY, PA LYONS CONSTRUCfION SERVICES, : CIVIL ACfION - LAW INC., Defendant. : NO. 2004-04585 P RULE OF CIVIL PROCEDURE NO. 236 TO: Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17050-3552 YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED AGAINST YOU AND IN FAVOR OF POWER COMPONENT SYSTEMS, INC. ON 2004, IN THE AMOUNT OF $33,981.10, PLUS INTEREST, COSTS, AND ATTORNEYS' FEES. PROTHONOTARY If you have any questions concerning the above, please contact: James C. Sargent, Jr., Esquire Evan J. Kelly, Esquire Lamb McErlane, P.C. 24 East Market Street P.O. Box 565 West Chester, PA 19381 (610) 430-8000 LAW OFFICES OF LAMB McERLANE PC · 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381"()565 LAMB McERLANE, P.c. By: James C. Sargent, Jr., Esquire Attorney J.D. #28642 By: Evan J. Kelly, Esquire Attorney J.D. #85939 24 East Market Street, Box 565 West Chester, PA 19381-0565 (610) 430-8000 Attorneys for Plaintiff POWER COMPONENT SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS Plaintiff, vs. : CUMBERLAND COUNTY, PA LYONS CONSTRUCfION SERVICES, : CIVIL ACfION - LAW INC., Defendant. : NO. 2004-04585 P Date of Notice: October 14, 2004 via First Class Mail TO: Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17050-3552 IMPORTANT NOTTCF YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAP.ING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET lEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 ames C. Sa ent, Jr., Esquire v 'J. Kelly, Esquire Attorneys for Plaintiff LAW OFFICES OF LAMB McERLANE PC · 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 ~Vlr Cl) IV-< o W 0 :r'-J::I 01 (I) ::1m _, 01 n 0(1)0 (I) I""l' ::I O"~(I) ~ :!. q- IO::IC ~ e: ~ "0 (l) -. >;;og ....OU'} '-J0ICl) co.:;! VI -. C 0 I Cl) W (I) VI ~ VI - IV ::I o I ~~ ~ 00 ~ ;l;t. ""00 ~ n..., ~ g;~'" ~~ ~ ~~ ~ ~ '-J ~~ ~ ~~ ~ 6:1 ~ v.~ ~ ~~ ~ v.>= ~~ ~ '" :'tl ~ ~ fn ~ (I) ~ C) m -:- ....... t ~ ~ ~ l ....c n r-....:l = 0 C c;:,) -n -". ~ D ;:-:-.- J:;- :;r-: -l <J C.1 Ffi :0 ~ c::: ~.., R - ~ N ~ -' ' \.D r) ~ ~34. ~::: . , r- ...... -11 ~ ~ ..'"r, r ( )-.. i;E1 ,',~C) ~ t:- O t5rn -7 ,~,~~ CY ~] r-, ~.:'J - -'. ~-<"~ f?))- ~ _J ~ SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-04585 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND POWER COMPONENT SYSTEMS INC VS LYONS CONSTRUCTION SERVICES And now CPL. TIMOTHY REITZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:50 Hours, on the lOth day of January ,2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT LYONS CONSTRUCTION SERVICES INC in the hands, possession, or control of the within named Garnishee WAYPOINT BANK 798 E. SIMPSON ST MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to ASHLEY BEYERS (CUSTOMER SERVICE REP) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answers: ~~~~ R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this fI./ ~ day Oil'......"]MUA)' .2",;': A.D. I' (. I~M-- {2 >VUj~1' ~ .{ paz;;- p;:;lh6notary . I I By .* LAMB McERLANE PC By: James C. Sargent, Jr., Esquire Attorney I.D. #28642 24 East Market Street, P.O. Box 565 West Chester, PA 19381-0565 (610) 430 8000 Attorneys for Plaintiff . POWER COMPONENT SYSTEMS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LYONS CONSTRUCTION SERVICES, INC., Defendant NO. 2004-04585 P and WAYPOINT BANK, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Defendant Lyons Construction Services, Inc., 5237 East Trindle Road, Mechanicsburg, PA, 17050; and (3) against Garnishee Waypoint Bank, 798 E. Simpson Street, Mechanicsburg, PA, 17055; (4) and index this writ against: (a) Defendant Lyons Construction Services, Inc.; and (b) Garnishee Waypoint Bank; and (5) have the Sheriff garnish any and all bank accounts titled in the name of Defendant Lyons Construction Services, Inc. at Waypoint Bank, 798 E. Simpson Street, Mechanicsburg, Pennsylvania, 17055, including, but not limited to, account #231372387. (6) Amount due: $33,981.10, plus interest and costs. LAMB McERLANE PC By: James ~uire LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 ~ r:J F( b ~ -:J ('() ~ \" +':~ & ~ tg t- ~ P' V \J V'1 ~ ~~ If'\ 0 o () r-f? ( --60- c.....,-kj. ~ ~f:)~~~ !n\)e"tB }:;\)~O t ) \ I ~-:c..J .::",~,:+-r - - :'~/,7I: - ;.. - "'-fr "- ";YO< (. ";.i,'''' \ 0) -;:'" :".~ r'.~? <.r', o COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4585 Civil CIVIL ACTION - LAW WRIT OF EXECUTION and/or ATTACHMENT . TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POWER COMPONENT SYSTEMS, INC., Plaintiff (s) From LYONS CONSTRUCTION SERVICES, INC., 5237 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of WAY POINT BANK, 798 E. SIMPSON STREET, MECHANICSBURG, PA 17055, GARNISH ANY AND ALL BANK ACCOUNTS TITLED IN THE NAME OF DEFENDANT LYONS CONSTRUCTION SERVICES, INC. INCLUDING BUT NOT LIMITED TO ACCOUNT #2313 72387 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) rfproperty of the defendant(s) not levied upon an subject to attachment is found in lhe possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,981.10 L.L. $.50 Interest Arty'S Comm % Due Prothy $1.00 Other Costs Arty Paid $120.12 Plaintiff Paid Date: JANUARY 3, 2005 (Seal) CURTIS R. LONG prothoa p ~ ~: f1AfL - /(/U7L;- Deputy REQUESTING PARTY: Name JAMES C. SARGENT, JR., ESQUIRE Address: 24 EAST MARKET STREET P.O.BOX 565 WEST CHESTER, PA 19381-0565 Attorney for: PLAINTIFF Telephone: 610-430-8000 Supreme Court ID No. 28642 2. On or about December 28, 2004, Plaintiff caused a Writ of Exe tion to be issued ." LAMB McERLANE PC By: James C. Sargent, Jr., Esquire Attorney I.D. #28642 24 East Market Street, P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000 POWER COMPONENT SYSTEMS, INC., Attorneysfor Plaintiff IN THE COURT OF COMMO PLEAS Plaintiff CUMBERLAND COUNTY, P NNSYL VANIA v. LYONS CONSTRUCTION SERVICES, INC., CIVIL ACTION - LAW : NO. 2004-04585 P Defendant and W A YPOINT BANK, Garnishee PLAINTIFF'S PETITION TO COMPEL GARNISHEE W A YPOI T BANK TO TURNOVER DEFENDANT'S FUNDS Plaintiff Power Component Systems, Inc., by and through its counsel Lamb McErlane PC, hereby files this Petition to Compel Waypoint Bank to Turnover Defend t's Funds and in support thereof avers as follows: I. On November 29, 2004, Plaintiff obtained a default Judgment gainst Defendant in the amount of $33,981.10, plus interest, costs and attorneys' fees. A true d correct copy of the Judgment is attached hereto and made a part hereof as Exhibit "A". against Defendant and Waypoint Bank, as Garnishee. A true and correct copy of the Praecipe for Writ of Execution is a ched hereto and made a part hereof as Exhibit "B". LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WES I CHESTER, PA. 19381-0565 I Garnishee was served with the Writ of Execution and Interrogatories in Ai of Execution on January 10, 2005. A true and correct copy of the Sheriff's Return of Service is attached hereto and made a part hereof as Exhibit "C". 3. On or about January 15, 2005, counsel for PCS made a tel phone call to Garnishee and confirmed that Garnishee received the Writ of Execution, th t Defendant's bank accounts were frozen and that there were sufficient funds in Defl ndant's bank accounts to satisfy Plaintiff's Judgment. 4. On February 8, 2005, Garnishee provided PCS with a copy fits Answers to Interrogatories in Attachment. A true and correct copy of Garnishee s Answers to Interrogatories in Attachment is attached hereto and made a part hereof as xhibit "D". 5. Garnishee's Answer to Interrogatory in Attachment No 2 states as follows: "Waypoint Bank asserts its right of set-off against all funds in I defendant's accounts. No funds are available for garnishor/creditor." 6. Garnishee failed to attach any supporting documentation to ts Answers to Interrogatories in Attachment to support its asserted right of set-off again t the funds in Defendant's accounts. 7. On February 16, 2005, counsel for PCS sent a letter t Counsel for Defendant, Benjamin Riggs, requested documentation to support Garnis e's assertion that it has a right of set off against all funds in Defendant's accounts. A tr e and correct copy of the letter dated February 16, 2005 is attached hereto and made a art hereof as Exhibit "E". 8. Despite PCS's reasonable request, Garnishee has failed to provide PCS with any documentation to support its contention that it has a right of set ff against the funds in Defendant's accounts. LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WE T CHESTER, PA. 19381-0565 By: .: 9. In order for Garnishee to assert a right of set off, Garnishee ust have had a perfected right of set-off prior to being served with 10. In the absence of documentation to support its claim to a r ght of set off, Garnishee should be compelled to turn over the Defendant's funds, which were properly garnished by PCS, and to pay PCS the full amount of its Judgment, to w t, $33,981.10, plus interest at the statutory rate of 6% from the date of entry of Plaintiffs udgment until the Judgment is paid, plus all costs associated with collecting this Ju gment in the amount of $535.49, plus attorneys' fees associated with the filing of this etition in the amount of$500.00. WHEREFORE, Power Component Systems, Inc., prays that this H norable Court grant its Petition to Compel Garnishee Waypoint Bank to Turnover Defe dant's Funds and enter the proposed Order attached hereto. LAMB McERLANE PC James C. arg nt, squire 24 E. Market Street P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000 Attorney for Plaintiff, Power Component Systems, In . Dated: March 30, 2005 LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WE T CHESTER, PA. 19381-0565 . - r[ Cx'h\\Jl~ --A / , , ' J ! /)-\ \ // J ~ 1 '~,---I'- ___'. I ' -W-f/? :'J) K . C~,C .~.---..." " POWER COMPONEN'! SYSTEMS,INC., : IN THE COURT OF COM ON PLEAS Plaillli/!: YS. : CUMBERLAND COUNTy. PA LYONS CONSTRUCTION SERVICES, : CIVIL AnION, LA W INC, lJefelldalll. : NO. 2004-04585 P RULE OF CIVIL PROCEDURE NO. 236 TO: Lyons Construction Services, Inc. 5237 East Tr!rd1e Road Mechanicsburq, PA 17050-3552 YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BE N ENTERED AGAINST YOU ANC' IN FAVOR OF POWER COMPONENT SY TEMS, INC. ON j2J(l() 4~-----~-, 2004, IN THE A OUNT OF $33,981.10, PLUS INTEREST, COSTS, AND ATTORNEYS' FEES. PROTHONOTARY If you have any que~;tions concerning the above, please contact. James C. Sargent, Jr., Esquire Evan J. Kelly, Esquire Lamb !'vicEriane, P.C. 24 East Market Street P.O. Box 565 West Chester, PA 19381 (610) 430-8000 LAW OFFICES OF LAMB McERLANE PC . 24 EAST f\~ARK[T STREFT . 80>( 56~'i It WE:lT CHESTfR, 1-'.<\ F-'381-0565 " ., I, Ii 'i I I I II II " it il Ii I I I Ii ,I I [I I' I II I 'I I I II I, LAMB McERLANE. Pc. By; James C. Sargent, Jr., Escuire Attorney !.D. #28642 By: Evall J. Kelly, Esquire Attorney !.D. #85939 24 East Market Screet. Box 56; West Chester. PA 19381-056; (6 J 0) 430-8000 Attorneys for Plaintiff POWER COMPONENT SYSTEMS, INC., : IN THE COURT OF COM ON PLEAS Plaintiff, vs. : CUMBERLAND COUNTY, PA LYONS CONSTRUCfION SERVICES, . CIVIL ACfION - LA W INC, 1"'-.,) Defendant. : NO. 2004--04585 P f", r-, PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTll,RY: ;".' Kindly enter judgment in favor of Plaintiff, Power Compon nt Systems, Inc., and against Defendant, Lyons Construction Services, Inc., in the amount of $33,981.10, plus interest, costs, and attorneys' fees f r want of an Answer to Plaintiff's Complaint. An assessment of damages he ring will not be required. I hereby certi"y that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judg ent is to be entered and to their attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. copy of said notice is attached hf~reto. By: LAMB ~.LANE, P.C. ~7/\>' /" \... J(mes C. Sargent, Jr., E quire Evan J. Kelly, Esquire Attorneys for Plaintiff LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . ST CHESTER. PA. 19381-0565 II I I i ,I Ii II II I I 'I I LAMB McERLANE, P.c. By: James C. Sargent, Jr., Esquire Attorney 1.D. 1128642 By: Evan 1. Kelly, Esquin Attorney J.D. #85939 24 East Market Street. Bo> 565 West Chester. PA 1938],('565 (610) 430-8000 Attorneys fOT Plaintiff POWER COMPONENT SYSTEMS, INC., : IN THE COURT OF CO MON PLEAS Plaintiff, YS. : CUMBERLAND COUNT , PA LYONS CONSTRUCfION SERVICES, : CIVIL ACTION - LA W INC., Defendant. : NO. 2004-04585 P Date of Notice: October 14, 2004 via First Class Mail I i 'I II '! TO: Lyons Construction Services, Inc. 5237 East Trndle Road Mechanicsbw'9, PA 17050,3552 IMPORTANT NOTICE II YOU ARE IN DEFA,ULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN RITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS ET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HE RING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING 0 FICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: I I 1 I I " I Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 T"Ph~NP?5\ ( t~mes C. Sa~ent, Jr., E quire ~nJ. Kelly, Esquire Attorneys for Plaintiff LAW OFFICES OF LAMB M,ERLANE PC . 24 EAST MARKET STREET . BOX 56E.. EST CHESTER, PA. 19381-0565 . \oJ Q.:., ~ >;;;l z ~~ IX. oJ".. >;;;lo-.o ~~.~ ~\; ~(/l~ ~18'~ il~ ~~u ~ ~~ ~..,U'l \ \ u ;:;; ;:. 'P-. , t/\ 0 't) II' - 0 '(: -0 r:. (\) lG r' I.f\~", C-llJo..- 0_ _ .:;:; "0 0' v C- ... ? 'C ::J P I- ~ ~~~ o lG C- I.)\.U~ ~t;:;;'i> ~;:;;"i. :J ~ t: X0\\;lt S3 :.------------ ., LAMB McERLANE PC By: James C. Sargent, Jr., Esquire Attorney 1.0. #28642 24 East Market Street, P.O. Box 565 West Chester, PA 19381-0565 (610) 430 8000 Attorneys for Plaint'ff POWER COMPONENT SYSTEMS, INC., Plaintiff IN THE COURT OF COMMON LEAS CUMBERLAND COUNTY, PENN YLVANIA v. CIVIL ACTION - LAW LYONS CONSTRUCTION SERVICES, INC., Defendant NO. 2004-04585 P and WAYPOINT BANK, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Defendant Lyons Construction Services, Inc. 5237 East Trindle Road, Mechanicsburg, PA, 17050; a d (3) against Garnishee Waypoint Bank, 798 E. Simpson Str et, Mechanicsburg, PA, 17055; (4) and index this writ against: (a) Defendant Lyons Construction Services, Inc.; and (b) Garnishee Waypoint Bank; and (5) have the Sheriff garnish any and all bank accounts of Defendant Lyons Construction Services, Inc. at W Simpson Street, Mechanicsburg, Pennsylvania, 17055, limited to, account #231372387. itled in the name ypoint Bank, 798 E. including, but not (6) Amount due: $33,981.10, plus interest and costs. LAMB McERLANE PC By: LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 ------- ~ Xh',b\t C ~ SHERIFF'S RETURN - :;AEKISHEI ~ASE NO: 2004 04585 P .' C~OIv}MON'V\}:E]~LTH (IF PENNSLYVi\NIA C\)U1.TIY (~)F C'ur"n~.:ERld~.JD personal1)' t.hx.-'E_'e copie~~ of interogatories togethEr witll ~ true" POvlEI' COrviPONENT SYSTEMS INC ___" ....'._n' _,.._.______.____~_._ VS' -~-_..~-_._----~_._--,_..------------_.~-,.-~ LYONS CCJN;3TRU(_'TION SER\,'ICES l\nd new C.:\r:_~_-=____.Tl:.~OTr!X_-B-E;r;..I..~________,~_,.__.,__!Sheriff 0-: Depu y She'['itt ()f CumbE::'J:-l:jYl(j ;:~'c,unt.y r)[ Pennsylvanla, wbo bi:::ing (jul1 ;=;::WO:CI (1.ccor.'GJn!:.j to lavli 3';~ (::.iL}._~.:__?2 Hours, on the }O~b da'{ of Janl:~J.rL___! ~O(L~~I at\:~ached as ller0~_in conlm':lnded all good:;,! chattels, rights, debts/ (:J:'ed:Lt~;1 :ul,d rnOJ1I.:::Y;:;;: (J f the wli~hin named DEFENDANT ---_..--~---"---._----~._---_._--_._-----~- -----_..__.~~._---- .-.----+-. -~--------~._."- LYONS CON,;TlmCTION SERVICES INcir the hands, possession, or control of t~e witrlin namec Garni"hce viAYPOINT bANK 798 E. SINPSGN ST --~-------------_.__._._---_..__.------~_._.,------~._----~---~~_. ..-.-.....--.-...-..-... --~..__._._~_._._-~-----,,_.._--~~_..._._.~-_.._- ---'-'-'--'-'--'"'' -----,.--- IVIECH::~~Xc:~~~~_YEg-L"._€:'?:._~ 7 0_5 5 ____~_,,__,___~_._~___ _'__ Curnberlanc] (:ount.y, Pennsylvania, by handing Lo _0s__tl~1~Y B~~L~g.s __ U;~Y.:STOMER SERVICE, ~~~~'l_~___.______.___ and a l i:.e,:'::c(od copies of the wi thin .l"B.IT.J2L. EXECUT] 9N and m~1d.E~'" the C()lltents tI.lere of known to Her. Docketing Service At f icL::l'\l.l t SU-Lcharqe .00 .00 .00 .00 .00 ---~-- .00 So a::'lswers: ~~ sheriffrs Costs: R. Thomas Kline She:t:iff of (umbel- e County 00/00/(00) By /7 ! ,.. --0"'7 / ! // ':;7,"'-- --'--=>/~:f 11 t~-S~ ~1{_~m_____- / I S'J.Jorn and. subscribed to before me th.is day of A.D. Protrl()t1otary -fxY)p~ Q ~- f,!l-' .' !,}\f'.iD M(~l';kL]\Hh PC , . ( '1' '~r" \..- '17'.,'<(;1:' ~,. .t'\.' C1y: ).tr'~:" t.,. 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Pi><. l!1.lllHl""" I I I I !.:, " I'" +- f '~-.l ',,) i I ',.J \.,.-\\.1, __I t",\ ;"i()l,) \C:,( l '~" ( I _J .-- , -1 L: ....,,~ ,_.......,-,-,,-,-~_.,.., ----,---"...j'..", I . 74 EAST MARtl:FT SlHt'f:T LAW OFFir,;ES Of lAMB Mc::l:RLA.Nf pc r "I Ii ':J L~):': 1.1 '19097,:\;: P'l.'y.' ',"', il Ii ii Ii i! ,I !I Dated: Dec:emt,ler 28, I, i' Ii ,[ , , ~~t::~:=: ~::~::~::'':-:"-~. EAS1 ':A,::t.m . i'F:f;; II',"!'I!;' .' I 'f ,- i' , .1 Ij I: i! I'; \j i! :i Ii ); ',I :\ II '" r' ! Ii il !! I; " f' r Ii i' i: :1 " I! II !I " il:.if (!,"-li:,I,.,_'I[1'-, I -'I \i /...t tlme ~-l. f t el I W(~;.LU ! YO'l.l pay, d'i r:;(:::r: "j(;'~.J" dUY Ii.) .J t,l::t\');,1.<'J. t--,t, ",1t \.i'vc:-:!:' 4fty mC'fic')- ':.t'(lf->(lrty t() tll( Dt~'ic ltj::Jnt. Ci.l ! t r't\)' Df;f.':':I)t,jdP , ,1":,. d rc',_~l.i'~,J,:-l I j,k: t.\\d-'ltlt. ;;:1 )(~~:in~.',t Vc.u7 , fL. \ U(\_,\,,~:_, I j ,~l 01 ,;- ,_, ,Jny rd;:.1~L'_)[i or \-,l.;.~c~. 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Vi,!jtl11n l;flt' YF>ar ~jt'.i.('\t l(~) I '.Nt'if'}) y()U Wr~r_: J;,;:(>.t".ft:d, djd \"(j( , j t 1:3')' what p-,}:'{lIh~nt~; Wt.~re rn,J(\c- i yC"\~ and how ',:prf: t h paynH~n1 Ii " ,I ii ,I " I, d De t ~~n(L~i f) l (';,..,e YULl dn)' rnc1J/c'y; .:inn, on ;~\Cr.()'.lIil. of the mon~os C>'v)(~d tc tcnd(,' r'I~'\j~' ''14 ,_~, I ~.. :1 " " Ii t' ii I II-- I ~ II i[ ~-- , I I LAM? McEP LANE "C i ~::::- ~~f(7J:=~':~ James 9' Sargent, Esquire i I i ! II iI Ii II fly: ZCl04 BOX 58.1" .. -YV~GI'Cti STEfl. PA, 1'ff:-\8'-OMle I ".;\t I:'F:;' iJ 8, :~ (i ') i : I )' J .!')cc)'/.qf: 1 ,-1?, 'i .' " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA POWER COMPONENT SYSTEMS, INC. Plaintiff v. CIVIL ACTION - LAW LYONS CONSTRUCTION SERVICES, INC., NO. 2004-04585 P Defendant and W A YPOINT BANK, Garnishee CERTIFICATE OF SERVICE This is to certify that in this case a copy of the foregoing Petition vas served upon the following person, by the following means and on or about the date sta ed: Name Means of Service Date f Service Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17050 First Class Mail Postage Pre-paid March 0, 2005 Benjamin Riggs, Esquire Sovereign Bank PA1-YGS-OI-Ol 101 S. George Street York,PA 17401 First Class Mail Postage Pre-paid March 0,2005 LAMB McERLANE PC By: Yf1)()()QJ:.. ?:? James C. Sargent, Jr., Esquir 24 East Market Street P.O. Box 565 West Chester, PA 19381-05 5 (610) 430-8000 Attorney for Plaintiff Power Component Systems, nc. LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . V EST CHESTER, PA 19381-0565 ~., ('! r' -,- C'..,) .-..> ~~ .:"'" ~ -< :T:-n rnr'-' '-o~.!J '"U"L (~l(;J ....-\ "r ~1 _i'-) :.o_i-n '::-, 1.-" -~,I .< ~; ;;'0 " -,- -" '"') . 55885\.1 . Michael W. Winfield, Esquire Attorney J.D. No. 72680 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Garnishee Waypoint Bank POWER COMPONENT SYSTEMS, INC., Plaintiff v. LYONS CONSTRUCTION SERVICES, INC., Defendant and W A YPOINT BANK, Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4585 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel for Garnishee Waypoint Bank in the above-captioned matter. By: Micha I W. Winfield One So h Market Square P. O. Box 1146 Harrisburg,PA 17108-1146 (717) 233-5731 Attorneys for Garnishee Waypoint Bank CERTIFICATE OF SERVICE I hereby certify that on April 12, 2005, a true and correct copy of the Praecipe for Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: James C. Sargent, Esquire Lamb McErlane PC 24 E. Market Street P.O. Box 565 West Chester, PA 19381-0565 Sudhir R. Patel, Esquire Riley & Fanelli PC The Necho Allen One Mahantongo Street Pottsville, P A 17901 /~ "1 '{;c,l; J, ... . _ . x.. --vtA./:_ L' - /'.... Lynne . Ritter _:: .-' ~~; '~,.Jl ~.- ~-(1 -;'~i 8 --j ~ w ~ (~ 0-) I I , RECEIVED APR 12 1005 .t-' dt I LAMB McERLANE PC By: James C. Sargent, Jr., Esquire Attorney J.D. #28642 24 East Market Street, P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA POWER COMPONENT SYSTEMS, INC. Plaintiff v. CIVIL ACTION - LAW LYONS CONSTRUCTION SERVICES, INC., : NO. 2004-04585 P Defendant and W A YPOINT BANK, Garnishee RULE TO SHOW CAUSE AND NOW, this / itA day of () fAA. j, consideration of the foregoing petition, it is hereby ordered that , 2005, upon (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) Scrv \ \4.- '"' the respondent shall file an answer to the petition within 15 days of t:fte- ^' - alHc of this Rule; (3) (4) the petition shall be decided under Pa.R.C.P. No. 206.7; J..-Y,..... "" depositions shall be completed within 30 days of the date of this Rule; ^ LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER. PA. 19381-0565 " I'd h7 I',' .r. ., 'r,. () " ')U'J '>:1:)'1 U'_,j JU\ v :10 .---------- .- . II . (5) argument shall be held on i( \ ,.i,[ Ir'Le J. , 2005 at2..:00 f1-.m. in Courtroom No. , of the Cumberland County Courthouse; and (6) notice of the entry of this Rule shall be provided to all parties by the petitioner. BY THE COURT,n" L J. LAW OFFICES OF LAMB McERLANE PC . 24 EAST MARKET STREET . BOX 565 . WEST CHESTER, PA. 19381-0565 .' 562163.1 ~ POWER COMPONENT SYSTEMS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LYONS CONSTRUCTION SERVICES, INC., Defendant NO. 04-4585 and W A YPOINT BANK, Garnishee JOINT STIPULATION FOR ENTRY OF JUDGMENT NOW COMES Plaintiff Power Component Systems, Inc., and Garnishee Waypoint Bank, and hereby stipulate as follows: I. On November 29, 2004, Plaintiff obtained a default judgment against Defendant Lyons Construction Services, Inc., in the principal amount of $33,981.10, along with interest, costs and attorneys fees. 2. On or about December 28, 2004, Plaintiff caused a Writ of Execution to be issued against Defendant and Waypoint Bank as Garnishee. 3. On or about January 10, 2005, Garnishee Waypoint Bank, was served with a Writ of Execution and Interrogatories, which were answered on or about February 8, 2005. 4. In its Answers to Interrogatories, Garnishee identified funds In its possessIOn sufficient to satisfY the Judgme!lt, but otherwise indicated a right to set-off. 5. Garnishee Waypoint Bank, pursuant to this Stipulation, waives its right to set-off for purposes of this action. : 6. As a result, and in consideration of the above, Plaintiff and Garnishee stipulate to the entry of judgment in favor of Plaintiff and against Garnishee upon the Writ of Execution and Answers to Interrogatories, in the principal amount of$33,981.10, along with interest at the legal rate of 6% from the date of judgment until paid. 7. Plaintiff and Garnishee otherwise stipulate that payment of the Judgment as set forth in the above paragraph, shall be in complete satisfaction of the Judgment entered on November 29, 2004, as against Garnishee Waypoint Bank. LAMB McERLANE, P.c. By: ~htuo.dJ ;Susan Mangold (f'"'\' . I 24 East Market Street P.O. Box 565 West Chester, PA 19381-0565 (610) 701-4417 Attorneys for Plaintiff Power Component Systems, Inc. By: Mic ael W. Winfield One South Market Squ e P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Garnishee Waypoint Bank C it' [:) ./.:;l. D it- 7' :-G i- -ll () F"":....... C> "'- ~ --c: C> -u j \' .:g pc \U ~ ~ J c,> C.:) ".--) C,J'l -',.. --' .;'" 1;1 r,,;. -' c.:; C~) (..,r-' " Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ Advance Costs: Sheriffs Costs: 755.52 755.52 $ 000.00 18.00 669.62 .50 1.00 7.40 30.00 20.00 Refunded to Atty on 07/07/05 9.00 755.52 Sworn and Subscribed to before me '" <:: So Answers; ~~~" 7\ ~homas Kline, skriff / LV QuJIe-- ~6&{ By Claudia A. Brewbaker "" \r, ,,-, '-', 2005 A.D. ES:\ d S- NVr SOOl tJd '^ll~i ll.j,J I..L"4;" rJiUH\-tJ 331\13\15 3H1 .:10 3:lU.:lO '1)0 dL 'j/D'I3 . "loY ~. /~o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4585 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POWER COMPONENT SYSTEMS, INC., Plaintiff (s) From LYONS CONSTRUCTION SERVICES, INC., 5237 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofW A VPOINT BANK, 798 E. SIMPSON STREET, MECHANICSBURG, P A 17055 - GARNISH ANY AND ALL BANK ACCOUNTS TITLED IN THE NAME OF DEFENDANT LYONS CONSTRUCTION SERVICES, INC. INCLUDING BUT NOT LIMITED TO ACCOUNT #231372387 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,981.10 Interest Atty's Comm % Atty Paid $120.12 Plaintiff Paid Date: JANUARY 3, 2005 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) ProthOffi: {2 -----.By. ~ c ~ . Deputy ~,g,u~1 REQUESTING PARTY: Name JAMES C. SARGENT, JR., ESQUIRE Address: 24 EAST MARKET STREET P.O.BOX 565 WEST CHESTER, PA 19381-0565 Attorney for: PLAINTIFF Telephone: 610-430,8000 Supreme Court ID No. 28642