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'd 0 TA C0UNT .:a. f!.A IN THE COURT OF COLON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPRINGFIELD CONTRACTORS, INC. VS. TRINDLE STATION, LLC TO: TRINDLE STATION, LLC 5275 East Trindle Road Mechanicsburg, PA 17055 No. 2012-ML-asss LLD NOTICE OF CLAIM Please be advised that on or about April 11, 2012, there was filed in the Court of Common Pleas of Cumberland County at the above caption and docket number, a Mechanic's Lien Claim, a true and correct copy of which is attached hereto. Sarah E. Buhite`, tlff-quire 149 East Market Street York, Pennsylvania 17401 ID #201415 (717) 843-1639 Attorney for Claimant 5 CO ?ai.sa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPRINGFIELD CONTRACTORS, INC. No. 2012-ML- ST/( VS. TRINDLE STATION, LLC MECHANIC'S LIEN CLAIM 1. Claimant, Springfield Contractors, Inc., a Pennsylvania corporation with a principal place of business at 290 Seaks Run Road, Glen Rock, Pennsylvania 17327, files this Mechanic's Lien Claim as a contractor. 2. The owner of the property subject to the lien is Trindle Station, LLC; a limited liability company, with an address of 5275 East Trindle Road, Mechanicsburg, Pennsylvania 17055. 3. The date on which Claimant completed the work for which the claim is made was February 14, 2012. 4. Claimant files this claim under a written contract with Owner, in which Claimant agreed to make site improvements for the proposed subdivision, including but not limited to general earthworks and laying utility lines, at the following address situate in Monroe Township, Cumberland County, Pennsylvania: 832 Spring Rock Court, Mechanicsburg, PA 17055 (Unit 19) UPI: 22-09-0541-051.-U19 The proposal attached hereto describes the type of material furnished and/or services performed and the charges made for the same. Also attached is the final billing. 5. The amount claimed to be due is $82,211.93, plus interest and reasonable attorney's fees incurred in the collection of this amount, estimated for the purpose of this notice at $750.00, plus court courts. 6. The improvements and property claimed to be subject to the lien is a townhouse located at 832 Spring Rock Court, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania, and further described in a deed recorded at Record Book 279, page 752, which is incorporated by reference as though more fully set forth herein. Respectfully submitted, Sarah E. Ruh- Esquire 149 East Market Street York, Pennsylvania 17401 ID #201415 Attorney for Claimant `Document A107TM -2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENT made as of the 3rd day of November in the year 2010 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the Telephone Number: 717-766-7800 standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information +tct and where the author has added to or - deleted from the original AIA text. This document has important legal Telephone Number: 717-235-6830 consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) Trindle Station Section 2 of Phase II Monroe Township Cumberland County, Pennsylvania The Engineer: (Name, legal status, address and other information) Alpha Consulting Engineers Inc 115 Limekiln Rd. New Cumberland, Pa 17070 Telephone Number: 717-770-2500 The Owner and Contractor agree as follows. AIA Document A107- -2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Init. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent / possible under the law. This document was produced by AIA software at 13:28:11 on 11/0312010 under Order No.8729070870_1 which expires on 10/13/2011, and is not for resale. User Notes: (725828202) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE & BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Init AIA Document A107- -2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International. Treaties. Unauthorized reproduction or 2 distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent / possible under the law. This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870 1 which expires on 10/13/2011, and is not for resale- User Notes: (725828202) § 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( 150 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) aiv ? K! Portion of Work Substantial Completion Date #AIA One hundred percent (100%) March 30t° 2010 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) ' [ X ] Stipulated Sum, in accordance with Section 3.2 below Cost of the Work plus the Contractor's Fee, in accordance with Section 3.3 below Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) § 3.2 The Stipulated Sum shall be two hundred sixty two thousand ($ 262,000.00 ), subject to additions and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 3.2.2 Unit prices, if any: (Identifi? and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable:) Item Units and Limitations Price Per Unit ($0.00) See proposal § 3.2.3 Allowances included in the stipulated stun, if any: (Identify allowance and state exclusions, if arty, from the allowance price.) Item Allowance AIA Document A10711 -2007. Copyright* 1936,1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American InsfittAb of Architects. Init. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11/0312010 under Order No.8729070870_1 which expires fn 10113/2011, and is not for resale. User Notes: (725828202) (Paragraphs deleted) § 3.4.3.3 Unit Prices, if any: (Identify y and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable. Item Units and Limitations Price Per Unit ($0.00) See proposal (Paragraphs deleted) (liable deleted) (Paragraphs deleted) ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the Engineer and Owner by the Contractor and Certificates for Payment issued by the Engineer and or Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. (See proposal attached) § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 4.1.3 Provided that an Application for Payment is received by the Engineer and Owner not later than the last day of a month, the Owner shall make payment of the certified amount to the Contractor within thirty (30) days from the date of application If an Application for Payment is received by the Engineer after the date fixed above, payment shall be made by the Owner not later than thirty ( 30 days after the Engineer receives the Application for Payment. (Provided application is submitted and approved by township engineer two weeks prior to Board of Supervisors Meeting). (Federal, state or local laws may require payment within a certain period of time.) § 4.1.4 Retainage, if any, shall be withheld as follows: None § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon if any.) 1 month Init. AIA Document A107T -2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 4 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870 1 which expires on 10113/2011, and is not for resale. User Notes: (725828202) § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment; .2 the contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a guaranteed maximum price; and .3 a final Certificate for Payment has been issued by the Engineer. § 4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Engineer's final Certificate for Payment, or as follows: ARTICLE 5 DISPUTE RESOLUTION § 5.1 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 21.4 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed AlA Document A 107-2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. § 6.1.2 The Supplementary and other Conditions of the Contract: Document Title Springfield Contractors Inc. Proposal to comlete site improvements Sec.2 of Phase H Trindle Station. Monroe Township Cumberland County, Pa Date Pages 10/20/2010 3 § 6.1.3 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Monroe township Specifications AIA Document A10711 -2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Init. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 5 distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11/0312010 under Order No.8729070870_1 which expires on 10/13/2011, and is not for resale. User Notes: (725828202) § 6.1.4 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Trindle Station Section 2 April 13, 2010 of Phase H - Plan 1-17 § 6.1.5 The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. § 6.1.6 Additional documents, if any, forming part of the Contract Documents: (Paragraph deleted) .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: X E & S'Section 2 of Phase R dated 1/16/2008 .3 Other documents: (List here any additional documents that are intended to form part of the Contract Documents.) ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Engineer. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 7.4 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Engineer and the Engineer's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. AIA Document A10711 -2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Init. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A.10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent / possible under the law. This document was produced by AIA software at 13:28:11 on 11/0312010 under Order No.8729070870_1 which expires on 10/13/2011, and is not for resale. User Notes: (725828202) § 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 7.5.1 The Engineer and the Engineer's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's or Engineer's consultants' reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Engineer and the Engineer's consultants. § 7.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the Agreement or in the Contract Documents. ARTICLE 8 OWNER § 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.1 The Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.3 The Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 8.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents; or repeatedly fails to carry out the Work in:accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work; or any portion thereof, until the cause for such order is eliminated; howev , the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 OWNER'S RIGHT TO <CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with.diligence and promptness, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Engineer's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Docuuments are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly AIA Document A107T° - 2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Init All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11103/2010 under Order No.8729070870_1 which expires on 10/13/2011, and is not for resale. User Notes: (725828202) report to the Engineer any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Engineer may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws; statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall . promptly report to the Engineer any nonconformity discovered by or made known to the Contractor as a request fair information in such form as the Engineer may require. § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the. Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 LABOR AND MATERIALS § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools; construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanriit and whether or not incorporated or to be incorporated in the Work § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work "The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Engineer and in accordance with aModification. § 9.4 WARRANTY The Contractor warrants to the Owner and Engineer that materials and equipment furnished under the Contract will die of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment lint conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficieilt maintenance, improper operation or normal wear and tear under normal usage. § 9.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS (Paragraph deleted) § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes; rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the AIA Document A107" -2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Init. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the rn x*Imum extent f possible under the law. This document was produced by AIA software at 13:28:11 on 11103/2010 under Order No.8729070870 1 which expires on 10/13/2011, and is not for resale. User Notes: (725828202) costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, labor, installation, overhead, and profit. § 9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES § 9.8.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of th& Work and Project, shallbe related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to ile Owner and Engineer. § 9.9 SUBMITTALS § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Engineer Shop ; Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Engineer reasonable time for review. By submitting Shop Drawings; Product Data, Samples and similar submittals, the Contractor represents to the Owner and Engineer that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.10 USE OF SITE The Contractor shall confine, operations at the site to areas permitted by applicable laws, statutes, ordinances, code's; rules and regulations; lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 9.12 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials; rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Prcj't. § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS (Paragraph deleted) § 9.14 ACCESS TO WORK ' - The Contractor shall provide the Owner and Engineer access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone fait whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part 6y- a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. AIA Document A1071" -2007. Copyright m 1936, 1951, 1958. 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Init. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 9 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent / possible under the law. This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870_1 which expires 6h io/13/2011, and is not for resale. User Notes: (725828202) § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages; compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ENGINEER § 10.1 The Engineer will provide administration of the Contract and will be an Owner's representative during construction, until the date the Engineer issues the final Certificate for Payment. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 The Engineer will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work The Engineer will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for safety precautions tiild programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 10.3 On the basis of the site visits, the Engineer will keep the Owner reasonably informed about the progress ahd quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed 'in the Work. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work § 10.4 Based on the Engineer's evaluations of the Work and of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts in a timely manner. § 10.5 The Engineer has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.6 The Engineer will review and.approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 10.7 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor. § 10.8 The Engineer's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 10.9 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted. modified or extended without written consent of the Owner. Consent shall not be unreasonably withheld. ARTICLE 11 SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of the Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with any AIA Document A107- -2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institut6 of Architects. Init. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 10 distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870 1 which expires on 10113/2011 , and is not for resale. - User Notes: (725828202) Subcontractor or supplier to whom the Owner or Engineer has made reasonable written objection within ten days A& receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased 6y the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of Elie Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Document and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Engineer, and (2) allow the. Subcontractor the benefit of all rights, remedies and redress against the Contractor that. Elie Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance-and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 21. § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification,, changes in the Work may be accomplished after execution of the Contract. Tlie Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner and Contractor., or by written Construction Change Directive signed by the Owner. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the panics or, in the case of a Construction Change Directive signed only by the Owner, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor tiay request payment for Work completed pursuant to the Construction Change Directive. The Engineer will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Applicati, oh for. Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Engineer will prepare a Change Order, or directed to by Owner. (Paragraph deleted) § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Engineer promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. AIA Document A107- -2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Instittiie bf Architects. Init. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 11 distribution of this A10 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the m8ximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11103/2010 under Order No.8729070870_1 which expires bh 1011312011, and is not for resale. User Notes: (725828202) § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted iii the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Engineer in accordance with Section 15.4.3: § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Engineer determines may justify delay, then the Contract Tune shall be extended by Change Order for such reasotiA le time as the Engineer may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS: AND COMPLETION § 15.1 APPLICATIONS FOR, PAYMENT § 15.1.1 Where the Contract is based on a Stipulated Sum, the Contractor shall submit toOwner and C.C. Engineer, before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used in reviewing the Contractor's Applications for Payment. (Paragraphs deleted) § 15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.2 CERTIFICATES FOR PAYMENT § 15.2.1 The Engineer will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Engineer determines is properly due, or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certificatibfi in whole or in part as provided in Section 15.2.3. § 15.2.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's evaluations of the Work and the data comprising the Application for Payment, that, to the best: Of the Engineer's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in. accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. § 15.2.3 The Engineer may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Engineer's opinion the representations to the Owner required by Section 15.2.2 ca"ot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Section 15.2.1. If the Contractor and the Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also withhold a Certificate for Payment or, because ot subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued: to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; Init AIA Document A107T" -2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects- All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 12 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11/0312010 under Order No.8729070870 1 which expires on i 0113!2011, and is not for resale. User Notes: (725828202) .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 15.3 PROGRESS PAYMENTS § 15.3.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner. The contractor shall require subcontractors to execute lien waiver on payment and shall deliver the same to owner. § 15.3.2 Neither the Owner nor Engineer shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. § 15.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 15.4 SUBSTANTIAL COMPLETION § 15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion th ereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the R'ark for its intended use. § 15.4.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed or corrected prior.to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.4.3 Upon receipt of the Contractor's list, the Engineer will make an inspection to determine whether the WoFk or designated portion thereof is substantially complete. When the Engineer determines that the Work or designated portion thereof is substantially complete, the Engineer will issue a Certificate of Substantial Completion which sliall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial' Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if day, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract. Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer will promptly make such inspection and, when the Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Engineer's final Certificate for Payment will AIA Document A107 T• -2007- Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978,1987, 1997 and 2007 by The American Institute of Architects. Init. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 13 distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent / possible under the law. This document was produced by AIA software at 13:28:11 on 11/0312010 under Order No.8729070870 1 which expires on 10/1312011, and is not for resale. User Notes: (725828202) constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.5.2 Final payment shall not become due until all government inspections have been completed and work is approved and the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien: § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 15.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and prograris in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, aid shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons andproperty and their protection frtim damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor,. a Subcontractor,' a sub-subcontractor, or anyone directly or indirectly employed by any of them; or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 aril 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. § 16.2 HAZARDOUS MATERIALS § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract. Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Engineer in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the O, iA&r and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up. § 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss 6r expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property Init. AIA Document A107T" -2007. Copyright (D 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 14 distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent / possible under the law. This document was produced by AIA software at 13:28:11 on 11103/2010 under Order No.8729070870 1 which expires bh 10/13/2011, and is not for resale. - User Notes: 1;725828202) (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 16.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency, for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS § 17.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or resin( from the Contractor's operations and completed operations under the Contract, whether such operations be by ttie Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy.shall. contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Engineer and the Engineer's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during tfie Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 17.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.3 PROPERTY' INSURANCE § 17.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an "all-risk" or equivalent policy form, including builder's risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract. Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 15.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 17.3.1 to be covered; whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub-subcontractors in the Project. § 17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 17.3.3 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Engineer, Engineer's consultants, separdte contractors described in Article 12, if any, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 17.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Engineer: Engineer's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity evr h though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. Init. AIA Document A107T" -2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978,1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 15 distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870 1 which expires on 10113/2011, and is not for resale. - User Notes: (725828202) § 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub-subcontractors in similar manner. (Paragraphs deleted) ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Engineer's services and expenses made necessary thereby, shall be at the Contractor's expense, unless compensable under Section A.2.7.3 in Exhibit A, Determination of the Cost of the Work. § 18.2 In addition to the Contractor's obligations under Section 9.4, it, within one year after the date of Substantial.. Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.4.3, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contrkt.617 an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. § 18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first perfori ed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. ' § 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project. if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 19.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located, except, that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21 A. § 19.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by applicable law`s, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and Owner shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Engineer timely notice of when and where tests and inspections are to be made so that the Engineer may be present for such procedures. Init. AIA Document A10711 -2007. Copyright@ 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 16 distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:11 on 11/0312010 under Order No.8729070870 1 which expires off 1011312011, and is not for resale. User Notes: (725828202) § 19.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 19.4. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 TERMINATION BY THE CONTRACTOR If the Engineer fails to certify payment as provided in Section 15.2.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment: for Work executed. § 20.2 TERMINATION BY THE OWNER FOR CAUSE § 20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of a public authority, or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the above reasons exists, the Owner, upon certification by the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days'; written notice, terminate the Contract and take possession of the site and of all materials; and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contrai;tot, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing tt8 Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, and other damages incurred by the Owner and not_ expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Engineer, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along wiih reasonable overhead and profit on the Work not executed. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Engineer but excluding those arising under Section 16.2, shall be referred initially to the Engineer for decision. Such matters, except those waived as provided for in Section 21.8 and Sections 15_5.3 and 15.5.4, shall, after initial decision by the Engineer or 30 days after submission of the matter to the Engineer, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in Init. AIA Document A10711 -2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute bf Architects. All rights reserved. WARNING: This AJO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 17 distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent / possible under the law. This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870 1 which expires oh 10/13/2011, and is not for resale. - User Notes: (725828202) writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upati a schedule for later proceedings. § 21.4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any clatiti, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association, in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writiiik; delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 21.5 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described in the written Consent. § 21.7 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 21.8 CLAIMS. FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of Stich persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 20. Nothing contained in this Section 21.8 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. This Agreement entered into as of the day and year first written above. 0 R (Signature) Frank Tamanini Member Trindle Station, LLC (Printed name and title) - 11.4? C C R (' nature) ?ST-A J1GG Ah-6SIJ*JT (Printed na and titl Init. AIA Document A107TM -2007. Copyright®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 18 distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent / possible under the law. This document was produced byAlA software at 13:28:11 on 11/0312010 under Order No.8729070870 1 which expires on i0113/201 1, and is not for resale. User Notes: (725828202) 290 Seaks Run Road - Glen Rock, PA 17327-9594 phone: 717.235.6830 • fax: 717.235.0101 ................ STATEMENT Tamanini & Company ATTN: Frank Tamanini 832 Tamanini Way Mechanicsburg, PA 17056 DATE: December 2, 2011 Trindie Station Townhomes DATE REF. No. DESCRIPTION CHARGES CREDITS BALANCE 12/31110 08614 Invoice $11,674.32 $11,674.32 1128/11 Payment (Invoice 0861-1) $11,674.32 $0.00 2/2111 0861-2 Invoice $17,172.48 $17,172.48 312111 Payment (Invoice 0861-2) $17,172.48 $0.00 3/17111 0861-3 Invoice $40,009.32 $40,009.32 3/29/11 Payment (Invoice 0861-3) $40,009.32 $0.00 4/19/11 0861-4 Invoice $33,078.96 $33,078.96 5/16/11 08615 invoice $11,670.86 $44,749.82 5120/11 Payment (Invoice 0861-4) $33,078.96 $11,670.86 6/21/11 Payment (Invoice 0861-5) $11,670.86 $0.00 6130111 0861-6 Invoice $14,831.57 $14,831.57 811111 0861-7 Invoice $23,874.20 $38,706.77 8/23/11 Payment (Invoice 0861-7) 23,874.20 $14,831.57 9/2111 0861-8 Invoice $66,303.61 $81,135.08 918111 Payment (Invoice 0861-6) 14,831.57 $66,303.61 918/11 Payment (Invoice 0861-8) 20,850.00 $45,453.51 1013/11 0861-9 Invoice $42,601.86 $88,065.37 10/14/11 Payment (Invoice 0861-8) 24,603.51 $63,451.86 10/20111 Payment (Invoice 0861-8) 20,850.00 $42,601.86 1111/11 0861-10 Invoice $39,610.07 $82,211.93 $82,211.93 www.springcon.com "P - of M JERLAND C OU1N { ,?:, PP-NSYLO!, NJA SPRINGFIELD CONTRACTORS, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA TRINDLE STATION, LLC NO. ??' a?SS rnL'? 20 Defendant : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPRINGFIELD CONTRACTORS, INC. VS. TRINDLE STATION, LLC No. 2012-ML COMPLAINT IN ACTION UPON MECHANIC'S LIEN 1. The Plaintiff, Springfield Contractors, Inc., is a Pennsylvania corporation engaged in the business of construction, with a principal place of business at 290 Seaks Run Road, Glen Rock, Pennsylvania 17327. 2. The Defendant, is Trindle Station, LLC, a limited liability company, with an address of 5275 East Trindle Road, Mechanicsburg, Pennsylvania 17055. 3. The property subject to the lien is located at 832 Spring Rock Court, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055, and owned by the Defendant. 4. Contemporaneously herewith, the Plaintiff filed a Mechanic's Lien Claim in the Court of Common Pleas of Cumberland County docketed to the above captioned number, a copy of which is incorporated by reference herein. 5. The work performed by the Plaintiff was performed in a good and workmanlike manner pursuant to written agreements of the parties and the charges made for said work were fair and reasonable as compared to charges made by others engaged in providing similar services in the area. Despite repeated demands, the Defendant has failed and refused to pay the balance owed. WHEREFORE, Plaintiff demands judgment in the amount of $82,211.93, with interest plus costs of suit. Respectfully submitted, A Q AL ? P? ?- - S E. Buhite, Esquire Attorney for Plaintiff ID No. 201415 149 East Market Street York, PA 17401 (717) 843-1639 ZU TRZ COURT OF C030ION PLZAS OF CUMBIRLAM COtT IM PZOTSYLVANZA SPRINGFIELD CONTRACTORS, INC. No. 2012-ML- vs. TRINDLE STATION, LLC YaWICATYOZI I, Rpdney Krebs,,President of Springfield Contractors, Inc., Plaintiff,' do hereby verify that the facts set forth in the foregoing:,pleading are true and correct to the best of my persona, knowledge or information and belief, and that any false statements. herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. Sec. 4904) relating to unsworn;falsification to authorities. SPRINGFIELD CONTRACTORS, INC. Date: Mauch 23, 2012 B Ro rebs, President i . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t. ? Jody S Smith ? - Chief Deputy rnw r'jr Richard W Stewart N? W Solicitor - G o -? Springfield Contractors, Inc. u & ' vs. Case RF ml e r Trindle Station, LLC 2012-2355 SHERIFF'S RETURN OF SERVICE 04/19/2012 11:10 AM - William Cline, Corporal, who being duly sworn according to law, states that on April 19, 2012 at 1110 hours, he served a true copy of the within Notice of Claim, Mechanics's Lien Claim, Complaint in Action Upon Mechanic's Lien and Notice, upon the within named defendant, to wit: Trindle Station, LLC, by making known unto Frank Tamanini, Owner of Trindle Station, LLC at 832 Tamanini Way, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. ILLIAM CLINE, DEPUTY SHERIFF COST: $38.45 April 26, 2012 SO AN FtffiY R ANDERSON, SHERIFF NOTARY Affirmed and subscribed to before me this day of SERR,4 TELLI, SCHIFFIVIAN & BROWN, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 Facsimile Email: PMacdonald-Matthes(iissbc-law.com Attorneys for Defendant, Trindle Station, LLC SPRINGFIELD CONTRACTORS, INC. PLAINTIFF, V. TRINDLE STATION, LLC DEFENDANT t ,f VIC V, -8 PM 3: CUMBERLAND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No.: 2012-ML-2354 MLD DOCKET No. :2012-ML-2355 MLD DOCKET No. :2012-ML-2356 MLD DOCKET No.:2012-ML-2357 MLD DOCKET No.:2012-ML-2358 MLD DOCKET No. :2012-ML-2359 MLD DEFENDANT, TRINDLE STATION, LLC'S CONCURRED IN MOTION TO CONSOLIDATE AND NOW, comes Defendant, Trindle Station, LLC (hereinafter "Defendant"), by and through its counsel, Serratelli, Schiffman & Brown, P. C., and files its Concurred in Motion to Consolidate and in support thereof, avers as follows: 1. Plaintiff, Springfield Contractors, Inc. (hereinafter referred to as "Plaintiff') is a Pennsylvania corporation engaged in business of construction with a principal place of business at 290 Seaks Run Road, Glen Rock, Pennsylvania, 17327. 2. Defendant, Trindle Station, LLC (hereinafter referred to as "Defendant") is a limited liability company with an address of 5275 East Trindle Road, Mechanicsburg, PA 17055. 3. Plaintiff filed six (6) separate Mechanics' Lien Claims and Corresponding Complaints to Enforce the Mechanics' Lien on April 16, 2012. The six (6) docket numbers are 2 Docket No. 2012-ML-2354 MLD, No. 2012-ML-2355 MLD, No. 2012-ML-2356 MLD, No. 2012-ML-2357 MLD, No. 2012-ML-2358 MLD, and No. 2012-ML-2359 MLD. 4. A review of paragraph 4 of each of the Mechanics' Lien Claims filed by Plaintiff reveals that Plaintiff is relying on one Cumberland County Deed Book Reference, to wit: Deed Book No. 279, Page 752. 5. A review of the purported supporting documents attached to each of the Plaintiff's Mechanics' Lien Claims reveals that they are identical and accordingly, the presumption can be made that Plaintiff is relying on the same as support for each and every one of the separately filed Mechanics' Lien Claims referenced in paragraph 3 herein. 6. As Plaintiff's Mechanics' Lien Claims all purportedly arise out of the same "contract document," judicial economy dictates that it would be more time and cost effective for the Parties and the Court to consolidate the six (6) separate Mechanics' Lien Complaints and corresponding six (6) Complaints to Enforce Mechanics' Lien Claims filed by Plaintiff under one main docket number. 7. Neither Party will be prejudiced by the grant of Defendant's Motion to Consolidate the the six (6) separate Mechanics' Lien Complaints and corresponding six (6) Complaints to Enforce Mechanics' Lien Claims filed by Plaintiff under one main docket number. 8. In accordance with Cumberland County Local Rules, the undersigned counsel has contacted counsel for the Plaintiff, Sarah E. Buhite, Esquire and has provided her with a copy of the within Motion. Plaintiff's counsel has indicated that she does concur with the relief requested herein. 9. As of the time of the filing of this Motion, no judicial assignment has been made regarding the above captioned matters. WHEREFORE, Defendant, Trindle Station, LLC respectfully requests that this Honorable Court grant the relief requested herein and issue an Order consolidating each of the above referenced docket numbers under one main docket number for future filings. Respectfully Submitted, Date: May 8, 2012 Paige Macdonald-Matthes, Esquire Attorney I.D. No. 66266 Serratelli, Schiffman & Brown, P. C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-5409 Attorneys for Defendant 4 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Defendant, Trindle Station, LLC, hereby certify that on this 8th day of May, 2012, I served a true and correct copy of Defendant, Trindle Station, LLC's Concurred in Motion to Consolidate via email and U.S. First Class Mail, Postage Paid on the following: SARAH E. BUHITE, ESQUIRE LAW OFFICE OF MARC ROBERTS 149 E. MARKET STREET YORK, PA 17401 EMAIL: SARAHQMARCROBERTSLAW.COM COUNSEL FOR PLAINTIFF, SPRINGFIELD CONTRACTORS, INC. Paige Macdonald-Matthes, Esquire 5 SERRATELLI, SCHIFFMAN & BROWN, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 Facsimile Email: PMacdonald-Matthesga ssbc-law com Attorneys for Defendant, Trindle Station, LLC SPRINGFIELD CONTRACTORS, INC. PLAINTIFF, V. TRINDLE STATION, LLC, DEFENDANT. To: Springfield Contractors, Inc. c/o Sarah E. Buhite, Esquire 149 E. Market Street York, PA 17401 /1- sulk I'I - P CUM ERLAIND C C)U s PENINSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No.: 2012-ML-2355 MLD NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objections to Plaintiffs Mechanics' Lien Claim and Corresponding Complaint to Enforce Mechanics' Lien within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Paige Macdonald-Matthes, Esquire Attorney I.D. No. 66266 Serratelli, Schiff nan & Brown, P. C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendant Date: May 8, 2012 SERRATELLI, SCHIFFMAN & BROWN, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 Facsimile Email. PMacdonald-Matth0ssbc-law com Attorneys for Defendant, Trindle Station, LLC SPRINGFIELD CONTRACTORS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, : DOCKET No.: 2012-ML?-2355 MLD V. TRINDLE STATION, LLC, DEFENDANT. DEFENDANT, TRINDLE STATION, LLC' PRELIMINARY OBJECTIONS TO PLAINTIFF'S MECHANICS' LIEN CLAIM AND CORRESPONDING COMPLAINT TO ENFORCE MECHANICS' LIEN AND NOW, comes Defendant, Trindle Station, LLC (hereinafter "Defendant"), by and through its counsel, Serratelli, Schiff nan & Brown, P. C., and files its Preliminary Objections to the Plaintiff, Springfield Contractors, Inc.'s (hereinafter "Plaintiff') Mechanics' Lien Claim and Corresponding Complaint to Enforce Mechanics' Lien, and in support thereof, avers as follows: FIRST PRELIMINARY OBJECTION RE: PLAINTIFF'S MECHANICS' LIEN- FAILURE TO COMPLY WITH MECHANICS' LIEN LAW OF 1963,49 P.S. 41101-1902 (THE "LAW") 1. Pursuant to Section 505 of the Law, "[a]ny party may preliminarily object to a claim upon a showing of exemption or immunity of the property from lien, or for lack of conformity with this act." 49 P.S. § 1505. 2 2. In other words, the legislature has provided that an owner/defendant may file preliminary objections to a mechanics' lien claim, in addition to the bases for preliminary objections under Pa. R.Civ.P. 1028, attacking the claim on affirmative factual bases. 3. Section 1501(b. l) of the Law, 49 P.S. § 1501(b. 1), requires that formal written notice of its intention to file a claim be given by a subcontractor to an owner at least thirty (30) days prior to the filing of a claim. 4. A review of the Mechanics' Lien Claim filed by the Plaintiff reveals that Plaintiff neither attached a copy of the requisite advance notice required by the Law, nor made any averment that said advance notice requirement provided for in the Law had been complied with. 5. It is evident from the face of the Mechanics' Lien filed in the above captioned matter that Plaintiff never served Defendant with the formal written notice required by Section 1501(b. l) of the Law, 49 P.S. § 1501(b. l) and that the Defendant was never served with a formal written advance notice from Plaintiff. 6. As proper formal advance notice is a condition precedent to the filing of a mechanics' lien claim, Plaintiff's failure to comply with the Law is fatal to its Mechanics' Lien Claim. WHEREFORE, Defendant, Trindle Station, LLC respectfully requests that this Honorable Court sustain its First Preliminary Objection Re: Plaintiff s Mechanics' Lien Claim filed on April 16, 2012, dismiss the Mechanics' Lien Claim with prejudice and further award Defendant all such other relief as is proper and just. 3 SECOND PRELIMINARY OBJECTION RE: PLAINTIFF'S MECHANICS' LIEN- FAILURE TO COMPLY WITH MECHANICS' LIEN LAW OF 1963,49 P.S. §1101-1902 (THE "LAW") 7. The averments set forth in paragraphs 1 through 6 are incorporated by reference as if more fully set forth at length herein. 8. Section 1503 of the Law, 49 P.S. § 1503 sets forth the contents that must appear in the Mechanics' Lien Claim, to wit: (1) The name of the party claimant; (2) The name and address of the owner or reputed owner; (3) The date of completion of claimant's work; (4) If filed by a subcontractor, the name of the person with whom he contracted, and the dates on which preliminary notice, if required, and formal notice of intention to file a claim was given; (5) If filed by a contractor under a contract or contracts for an agreed sum, an identification of the contract and a general statement of the kind and character of the labor and materials furnished; (6) In all other cases than that set forth in clause (5) of this subsection, a detailed statement of the kind and character of the labor and materials furnished, or both, and the prices charged for each thereof, (7) The amount or sum claimed to be due; and (8) Such description of the improvement and or the property claimed to be subject to the lien as may be reasonably necessary to indemnify them. 9. A review of Plaintiff's Mechanics' Lien Claim filed to the above captioned docket reveals that it fails to conform with the express requirements set forth in 49 P.S. §1503 as follows: (a) Plaintiff has failed to properly identify whether it is a contractor or subcontractor under the purported contract; (b) Plaintiff has failed to provide any description, let alone the general description of the kind and character of the labor or materials it 4 purportedly furnished and instead, refers to the "proposal attached [to the Mechanic's Lien Claim" as providing the "descri[ption] of the type of material furnished and/or services performed and the charges made for the same." A review of the proposal attached to the Mechanic's Lien Claim reveals that it provides no such description at all; (c) Plaintiff has failed to provide a detailed statement of the prices charged for each of the labor or materials it purportedly furnished; (d) Plaintiff has improperly included a claim for "interest and reasonable attorney's fees incurred in the collection of this amount, estimated for the purpose of this notice at $750, plus court costs" in direct contravention to well-established Pennsylvania law. Indeed, Pennsylvania law is clear that the statutory basis for a mechanic's lien expressly limits the lien to amounts owed for labor and materials only. Artsmith Dev'1 Group, Inc. v. Undergraff, 868 A.2d 495 (Pa. Super. 2005) citing 49 P. S. § 1301. Thus, the amount claimed by Plaintiff for "interest and reasonably attorney's fees" is not properly the subject of a Mechanic's Lien Claim; (e) Plaintiff has failed to provide a description of the property claimed to be subject to the lien. Moreover, Plaintiff has failed to attach a copy of the relevant deed for the property claimed to be the subject of the lien. Finally, a review of the Cumberland County Landex using the UPI Number provided by Plaintiff in paragraph 4 of its Mechanics Lien Claim reveals that there is no such property on record. 10. Plaintiff's failure to include the required contents of a mechanics' lien claim is fatal to its mechanics' lien claim. WHEREFORE, Defendant, Trindle Station, LLC respectfully requests that this Honorable Court sustain its Second Preliminary Objection Re: Plaintiff's Mechanics' Lien Claim filed on April 16, 2012, dismiss the Mechanics' Lien Claim with prejudice and further award Defendant all such other relief as is proper and just. 5 THIRD PRELIMINARY OBJECTION RE: PLAINTIFF'S COMPLAINT TO ENFORCE MECHANICS' LIEN- FAILURE TO COMPLY WITH LAW OR RULE OF COURT Pa. R.Civ.P. 1028(a)(2) 11. The averments set forth in paragraphs 1 through 10 are incorporated by reference as if more fully set forth at length herein. 12. In paragraph 4 of its Complaint, Plaintiff states "Contemporaneously herewith, the Plaintiff filed a Mechanics' Lien Claim in the Court of Common Pleas, Cumberland County docketed to the above captioned number, a copy of which is incorporated by reference herein." (Emphasis added). A review of the Complaint reveals that the Mechanics' Lien Claim is not attached to the same as any exhibit. 13. In paragraph 5 of Plaintiff s Complaint, Plaintiff states "The work performed by the Plaintiff was performed in a good and workmanlike manner pursuant to written agreements of the parties and the charges made for said work were fair and reasonable as compared to charges made by others engaged in providing similar services." (Emphasis added to highlight Plaintiffs use of the plural). 14. A review of Plaintiff s Complaint reveals that Plaintiff neither attached a copy of the "written agreements" referenced by Plaintiff in paragraph 5 of its Complaint, nor attached a copy of any documents evidencing the charges for the work. Moreover, Plaintiff failed to attach any documents supporting the contention that "the charges made for said work were fair and reasonable as compared to charges made by others engaged in providing similar services." 15. Pa. R.Civ.P. 1019(i), provides that when any claim or defense is based on a writing, the pleader shall attach a copy of the writing to the Complaint. 6 16. Pa. R.Civ. P. 1656 is equally clear. The Plaintiff was required to attach a copy of the Mechanics' Lien Claim to its Complaint as an exhibit. See Pa. R.Civ.P. 1656(2). (Emphasis added). 17. Plaintiff's failure to attach the relevant and required documents to its Complaint violates the Rules of Civil Procedure and thus Plaintiff's Complaint must be dismissed accordingly. WHEREFORE, Defendant, Trindle Station, LLC respectfully requests that this Honorable Court sustain its Third Preliminary Objection Re: Plaintiff's Complaint to Enforce Mechanics' Lien Claim filed on April 16, 2012, dismiss the Complaint with prejudice and further award Defendant all such other relief as is proper and just. FOURTH PRELIMINARY OBJECTION RE: PLAINTIFF'S COMPLAINT TO ENFORCE MECHANICS' LIEN- INSUFFICIENT SPECIFICITY OF PLEADING Pa. R.Civ.P. 1028(a)(3) 18. The averments set forth in paragraphs 1 through 17 are incorporated by reference as if more fully set forth at length herein. 19. In paragraph 4 of its Complaint, Plaintiff states that it is relying on a Mechanics' Lien Claim. As previously stated herein, Plaintiff failed to attach its Mechanics' Lien Claim as an exhibit to its Complaint. 20. As also previously stated herein, Plaintiff has failed to attach the "written agreements" between the Parties which Plaintiff claims to have been breached by Defendant. 7 21. Plaintiffs Complaint provides absolutely no factual averments concerning either the work it purportedly performed or how Defendant failed to honor the specific terms of the purported "written agreements" between the Parties. 22. Pennsylvania is a fact pleading state. Pleadings in a fact pleading jurisdiction serve the purpose of putting an opponent on notice of what he will be called upon to meet at trial and to define the issues for trial. 23. The material fact on which a defense is based must be stated in a concise and summary form. Pa. R.Civ.P. 1019(a). 24. The term. "material facts" has been defined as "those facts essential to support the claim raised in the matter." A pleading therefore must do more than simply give the adverse party fair notice of which his claim or defense is and the grounds upon which it rests. See e.g., Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A/2d 600 (1983); Lee v. Denner, 75 D&C 4th 181, 190-192 (C.C.P. Monroe 2005). 25. Due to the lack of specificity of the averments set forth in Plaintiff s Complaint, Defendant is unable to prepare an adequate answer to the same. 26. Defendant will be prejudiced if it is required to respond to the Plaintiff s Complaint in the absence of more specific factual allegations which would support Plaintiffs purported claim. WHEREFORE, Defendant, Trindle Station, LLC respectfully requests that this Honorable Court sustain its Fourth Preliminary Objection Re: Plaintiffs Complaint to Enforce Mechanics' Lien Claim filed on April 16, 2012, dismiss the Complaint with prejudice and further award Defendant all such other relief as is proper and just. 8 FIFTH PRELIMINARY OBJECTION RE: PLAINTIFF'S COMPLAINT TO ENFORCE MECHANICS' LIEN- LEGAL INSUFFICIENCY OF PLEADING (DEMURRER) Pa. R.Civ.P. 1028(a)(4) 27. The averments set forth in paragraphs 1 through 26 are incorporated by reference as if more fully set forth at length herein. 28. Pa.R.Civ.P. 1656 requires that a copy of the Mechanics' Lien Claim be attached to Plaintiff's Complaint. As previously stated herein, Plaintiff failed to attach its Mechanics' Lien Claim as an exhibit to its Complaint. 29.49 P.S. §1501(b.1) requires that prior to a Mechanics' Lien Claim being filed, formal notice of intent to file the mechanics' lien must be given to the defendant thirty (30) days before the same is filed. No such notice was provided to the Defendant. 30.49 P. S. § 1501(c) mandates the specific contents that must appear in the formal notice. As previously set forth at length herein, Plaintiff (a) never sent formal notice; and (b) Plaintiff's Mechanics' Lien Claim fails to include the contents required by 49 P. S. §1503. 31. Assuming arguendo that Plaintiff had properly attached its Mechanics' Lien Claim to its Complaint as an Exhibit, and further assuming arguendo that the Mechanics' Lien Claim was in proper form (neither of which is admitted to by Defendant), Plaintiff's Complaint would still fail as a matter of law in light of the fact that the failure to file a proper formal notice in accordance with 49 P.S. §1501(b.1) is fatal to its mechanics' lien claim. 9 WHEREFORE, Defendant, Trindle Station, LLC respectfully requests that this Honorable Court sustain its Fifth Preliminary Objection Re: Plaintiff's Complaint to Enforce Mechanics' Lien Claim filed on April 16, 2012, dismiss the Complaint with prejudice and further award Defendant all such other relief as is proper and just. Respectfully Submitted, Date: May 8, 2012 7f ZT??, \,,U?I yJY - a;ut-t'a-3 Paige Macdonald-Matthes, Esquire Attorney I.D. No. 66266 Serratelli, Schiff nan & Brown, P. C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-5409 Attorneys for Defendant 10 VERIFICATION I, Frank Tamanini, Member of Trindle Station, LLC, verify that the statements made in the foregoing Preliminary Objections to Plaintiff's Mechanics' Lien Claim and Corresponding Complaint To Enforce Mechanics' Lien are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Frank Tamanini, Member of Trindle Station, LLC CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Defendant, Trindle Station, LLC, hereby certify that on this 8th day of May, 2012, I served a true and correct copy of Defendant, Trindle Station, LLC's Preliminary Objections to Plaintiff's Mechanics' Lien Claim and Corresponding Complaint To Enforce Mechanics' Lien via U.S. First Class Mail, Postage Paid on the following: SARAH E. BUHITE, ESQUIRE LAW OFFICE OF MARC ROBERTS 149 E. MARKET STREET YORK, PA 17401 COUNSEL FOR PLAINTIFF, SPRINGFIELD CONTRACTORS, INC. Paige Macdonald-Matthes, Esquire Cc' W SPRINGFIELD CONTRACTORS, INC. PLAINTIFF, V. TRINDLE STATION, LLC DEFENDANT : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No .: 2012-ML-2354 MLD DOCKET No .:2012-ML-2355 MLD DOCKET No .:2012-ML-2356 MLD DOCKET No .:2012-ML-2357 MLD DOCKET No . :2012-ML-2358 MLD DOCKET No . :2012-ML-2359 MLD AND NOW, this b day of W I ?!j 2012, upon consideration of the Defendant, Trindle Station, LLC's Concurred in Motion to Consolidate, it is hereby ORDERED that Defendant's Concurred in Motion to Consolidate is GRANTED. IT IS FURTHER ORDERED that Docket Nos. 2012-ML-2354 MLD, 2012-ML-2355 MLD, 2012- ML-2356 MLD, 2012-ML-2357 MLD, 2012-ML-2358 MLD, and 2012-ML-2359 MLD are consolidated to one (1) docket number, to wit: Docket No.2012-ML-2354. All future filings shall be filed under Docket No. 2012-ML-2354 MLD. BY T14F. COURT: Thomas A. Placev- Distribution List: Common Pleas Judge Sarah E. Buhite, Esquire, Law Office of Marc Roberts, 149 E. Market Street, York, PA 17401 Paige Macdonald-Matthes, Esquire, Serratelli, Schiffman & Brown, P. C., 2080 Linglestown Road, Harrisburg, PA 17110 (Cp ?r' _ SERRATELLI, SCHIFFMAN & BROWN, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 Facsimile Email. PMacdonald-Matthes(i?ssbc-law com Attorneys for Defendant, Trindle Station, LLC SPRINGFIELD CONTRACTORS, INC. PLAINTIFF, V. TRINDLE STATION, LLC DEFENDANT MAY -8 PM 3: CUMBERLAND CUt f? °cNNSYLVA IIA . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No .: 2012-ML-2354 MLD DOCKET No .:2012-ML-2355 MLD DOCKET No .:2012-ML-2356 MLD DOCKET No .:2012-ML-2357 MLD DOCKET No .:2012-ML-2358 MLD DOCKET No .:2012-ML-2359 MLD DEFENDANT, TRINDLE STATION, LLC'S CONCURRED IN MOTION TO CONSOLIDATE AND NOW, comes Defendant, Trindle Station, LLC (hereinafter "Defendant"), by and through its counsel, Serratelli, Schiff nan & Brown, P.C., and files its Concurred in Motion to Consolidate and in support thereof, avers as follows: Plaintiff, Springfield Contractors, Inc. (hereinafter referred to as "Plaintiff') is a Pennsylvania corporation engaged in business of construction with a principal place of business at 290 Seaks Run Road, Glen Rock, Pennsylvania, 17327. 2. Defendant, Trindle Station, LLC (hereinafter referred to as "Defendant") is a limited liability company with an address of 5275 East Trindle Road, Mechanicsburg, PA 17055. 3. Plaintiff filed six (6) separate Mechanics' Lien Claims and Corresponding Complaints to Enforce the Mechanics' Lien on April 16, 2012. The six (6) docket numbers are 2 Docket No. 2012-ML-2354 MLD, No. 2012-ML-2355 MLD, No. 2012-ML-2356 MLD, No. 2012-ML-2357 MLD, No. 2012-ML-2358 MLD, and No. 2012-ML-2359 MLD. 4. A review of paragraph 4 of each of the Mechanics' Lien Claims filed by Plaintiff reveals that Plaintiff is relying on one Cumberland County Deed Book Reference, to wit: Deed Book No. 279, Page 752. 5. A review of the purported supporting documents attached to each of the Plaintiff's Mechanics' Lien Claims reveals that they are identical and accordingly, the presumption can be made that Plaintiff is relying on the same as support for each and every one of the separately filed Mechanics' Lien Claims referenced in paragraph 3 herein. 6. As Plaintiff's Mechanics' Lien Claims all purportedly arise out of the same "contract document," judicial economy dictates that it would be more time and cost effective for the Parties and the Court to consolidate the six (6) separate Mechanics' Lien Complaints and corresponding six (6) Complaints to Enforce Mechanics' Lien Claims filed by Plaintiff under one main docket number. 7„ Neither Party will be prejudiced by the grant of Defendant's Motion to Consolidate the the six (6) separate Mechanics' Lien Complaints and corresponding six (6) Complaints to Enforce Mechanics' Lien Claims filed by Plaintiff under one main docket number. In accordance with Cumberland County Local Rules, the undersigned counsel has contacted counsel for the Plaintiff, Sarah E. Buhite, Esquire and has provided her with a copy of the within Motion. Plaintiff's counsel has indicated that she does concur with the relief requested herein. 9. As of the time of the filing of this Motion, no judicial assignment has been made regarding the above captioned matters. WHEREFORE, Defendant, Trindle Station, LLC respectfully requests that this Honorable Court grant the relief requested herein and issue an Order consolidating each of the above referenced docket numbers under one main docket number for future filings. Respectfully Submitted, Date: May 8, 2012 M+Af( Paige Macdonald-Matthes, Esquire Attorney I.D. No. 66266 Serratelli, Schiffman & Brown, P. C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-5409 Attorneys for Defendant 4 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Defendant, Trindle Station, LLC, hereby certify that on this 8?' day of May, 2012, I served a true and correct copy of Defendant, Trindle Station, LLC's Concurred in Motion to Consolidate via email and U.S. First Class Mail, Postage Paid on the following: SARAH E. BUHITE, ESQUIRE LAW OFFICE OF MARC ROBERTS 149 E. MARKET STREET YORK, PA 17401 EMAIL: SARAH ,MARCROBERTSLAW.COM COUNSEL FOR PLAINTIFF, SPRINGFIELD CONTRACTORS, INC. Paige Macdonald-Matthes, Esquire cl-) C) O t;- SERRATELLI, SCHIFFMAN & BROWN, P.C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 Facsimile Email. PMacdonald-Matthes(a,ssbc-law.com Attorneys for Defendant, Trindle Station, LLC SPRINGFIELD CONTRACTORS, INC. PLAINTIFF, V. TRINDLE STATION, LLC, DEFENDANT. ILrJ-JF;?..t I t U,-,41 77 PRO 2N2 MAY I I FPS 1: 22 CUMBERLAND CCU! r` PENNSYLVANIA . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No.: 2012-ML-2355 MLD PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Defendant's original Verification for the faxed Verification that was attached to Defendant's Preliminary Objections to Plaintiff's Mechanics' Lien Claim and Corresponding Complaint to Enforce Mechanics' Lien and filed on May 8, 2012. Respectfully submitted, Paige Macdonald-Matthes, Esquire Attorney I.D. No. 66266 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendant Date: May 10, 2012 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Defendant, Trindle Station, LLC, hereby certify that on this 10th day of May, 2012, I served a true and correct copy of the Praecipe to Substitute Verification via U.S. First Class Mail, Postage Paid on the following: SARAH E. BUHITE, ESQUIRE LAW OFFICE OF MARC ROBERTS 149 E. MARKET STREET YORK, PA 17401 COUNSEL FOR PLAINTIFF, SPRINGFIELD CONTRACTORS, INC. Paige Macdonald-Matthes, Esquire 2 VERIFICATION I, Frank Tamanini, Member of Trindle Station, LLC, verify that the statements made in the foregoing Preliminary Objections to Plaintiffs Mechanics' Lien Claim and Corresponding Complaint To Enforce Mechanics' Lien are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7-1 Z Frank Tamanini, Member of Trindle Station, LLC SERRATELLI, SCHIFFMAN & BROWN, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 Email: PAIacdonald-Matthes(a_?ssbc-law.com Attorneys for Defendant SPRINGFIELD CONTRACTORS, INC., Plaintiff V. TRINDLE STATION, LLC, Defendant rn rn F= '31 »w : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-2355 : CIVIL ACTION - LAW PRAECIPE TO DISCHARGE MECHANICS' LIEN TO THE PROTHONOTARY: In accordance with 49 P.S. § 1509, please deposit the enclosed certified bank check. in the sum of $82,211.93 made payable to the Cumberland County Prothonotary in the Prothonotary's escrow, interest bearing account pending final disposition of the above-captioned matter, and further mark the mechanics' liens filed in the above-captioned matter as discharged pursuant to 49 P.S. § 1509.' Respectfully submitted, Date: July 2, 2012 Paige Macdonald-Matthes, Esquire Attorney ID No. 66266 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant ' The Mechanics' Liens were originally filed to Docket Nos. 2012 ML 2354, 2012 NIL 2355, 2012 ML 2356, 2012 ML 2357, 2012 ML 2358 and 2012 ML 2359. By Order of Consolidation dated May 10, 2012, all liens were consolidated under Docket No. 2012-2354. The collective amount of the Mechanics' Lien claims filed is $82,211.93. This Praecipe and corresponding deposit shall serve to discharge the Mechanics' Lien claims filed at Docket Nos. 2012 ML 2354, 2012 ML 2355, 2012 ML 2356, 2012 ML 2357, 2012 ML 2358 and 2012 ML 2359. 44.56 Pow o- * '_53 &U7 P-;U a77(rd3 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, hereby certify that a true and correct copy of Praecipe to Discharge Lien has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre-paid, at Harrisburg, Pennsylvania on this 2°d day of July, 2012, and addressed as follows: Sarah E. Buhite, Esquire 149 East Market Street York, PA 17401'. Counsel for Plaintiff Paige Macdonald-Matthes, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPRINGFIELD CONTRACTORS, INC. No. 2 0 No. 2012-ML-2355 VS . No. 2012-ML-2356 No. 2012-ML-2357 No. 2012-ML-2358 TRINDLE STATION, LLC No. 2012-ML-2359 R U L E AND NOW, TO WIT, this day of A,_;I'L 2013 , a Rule is granted upon the Defendant, to sh1w cause, if any it has, why the prayer of the foregoing Motion to Stay Action Pending Arbitration should not be granted. RULE RETURNABLE on the 110 day of Ja-add"Lt. 2013 , in 61 Court Room No . of the Cumberland County Court House, Carlisle, Pennsylvania, at C� m. , at which time testimony may be taken and argument heard. BY THE COURT, J. QAJ MCO 2