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13-4635
Supreme Court o Pennsylvania COU14 & COxurn For Prothonotary Use Only: Ci villc&er Sh et Docket No: ^ �� �� CUNIBERLANb lam= Co unt y ' ;J 1 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or otherpapers as required by law or rules of court. Commencement of Action: S 0 Complaint M Writ of Summons M Petition Transfer from Another Jurisdiction Declaration of Taking Lead Plaintiff s Name: Lead Defendant's Name: PYRAMID CONSTRUCTION SERVICES, INC. KIMBOB, INC. T Dollar Amount Requested: rl within arbitration limits Are money damages requested? Yes No (check one) outside arbitration limits O: N Is this a Class Action Suit? Yes M No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: Timothy J. Woolford, Esquire E3 Check here if you have no attorney (are a Self - Represented [Pro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS rl Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Q Debt Collection: Credit Card Board of Assessment rl Motor Vehicle Debt Collection: Other Board of Elections ® Nuisance BREACH OF CONTRACT Dept. of Transportation ® Premises Liability M Statutory Appeal: Other s [3 Product Liability (does not include mass tort) Employment Dispute: E Slander/Libel/ Defamation Discrimination C Other: Employment Dispute: Other E] Zoning Board n Other: 1 ® Other: o MASS TORT 0 Asbestos N Tobacco E] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment n Common Law /Statutory Arbitration El Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations PROFESSIONAL LIABLITY Mortgage Foreclosure: Residential Restraining Order Mortgage Foreclosure: Commercial 0 Quo Warranto Dental © Partition Replevin Legal Quiet Title Other. Q Medical n Other: 0 Other Professional: Updated 1 /1/2011 T � R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PYRAMID CONSTRUCTION SERVICES INC. CIVIL ACTION - LAW Plaintiff l KIMBOB, INC. VS F ,,:., and ROBERT M. MU MMA, II -► � - Defendant y< c. ;y ?; 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 FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 S a� WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 101 North Pointe Boulevard, Suite 200 Attorneys for Plaint Lancaster, PA 17601 Pyramid Construction Services, Inc. PYRAMID CONSTRUCTION IN THE COURT OF COMMON PLEAS OF SERVICES, INC. CUMBERLAND COUNTY, 840 North Front Street PENNSYLVANIA Wormleysburg, PA 17043 Plaintiff, CIVIL ACTION — LAW V. NO. KIMBOB, INC. JURY TRIAL DEMANDED 614 North Front Street Harrisburg, PA 17101 and ROBERT M. MUMMA, II 242 South Lewisberry Road Mechanicsburg, PA 17055 Defendant. COMPLAINT AND NOW, comes Plaintiff Pyramid Construction Services, Inc., by and through its undersigned counsel, Woolford Law, P.C., who hereby files this Complaint against Defendants Kimbob, Inc. and Robert Mumma, II, and in support thereof avers as follows: PARTIES 1. Plaintiff Pyramid Construction Services, Inc. ( "Pyramid ") is a business corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 840 North Front Street, Wormleysburg, Pennsylvania 17043. 2. Upon information and belief, Defendant Kimbob, Inc. ( "Kimbob ") is a business corporation organized and existing under the laws of Commonwealth of Pennsylvania, with its principal place of business located at 614 North Front Street, Harrisburg, Pennsylvania 17101. s 3. Upon information and belief, Defendant Robert M. Mumma, II ( "Mumma ") is an adult individual with an address of 242 South Lewisberry Road, Mechanicsburg, Pennsylvania 17055. JURISDICTION AND VENUE 4. Venue is proper in Cumberland County because (1) it is the county where the transaction or occurrence took place (where the project was located and where the work was performed) out of which this cause of action arose (2) it is the county where Defendant Mumma resides and (3) it is the county where the cause of action arose as it is where payment to Pyramid was due. AMOUNT IN CONTROVERSY 5. The total amount of damages claimed in this Complaint, exclusive of interest and costs, is more than fifty thousand dollars ($50,000) and, accordingly, this matter is not subject to arbitration pursuant to PA Cumberland Cty. Civ. LR 1301 -1. FACTUAL BACKGROUND 6. Pyramid is a construction company in Pennsylvania. 7. On October 22, 2012, Pyramid entered into a written contract (the "Contract ") with Kimbob to perform work which included, but was not limited to, demolition, concrete, masonry, rough carpentry, roofing, caulking, painting, plumbing, electrical and HVAC at a project known as Dollar General located at 840 Market Street, Lemoyne, Pennsylvania (the "Project "). A true and correct copy of the Contract is attached hereto as Exhibit "A." 8. Pursuant to the Contract, Pyramid was to be compensated on the basis of the cost of the time and materials plus a fee up to a maximum price of $158,729.00. 2 9. Pyramid performed the work described in the Contract as required and completed the work in November 2012. 10. Pyramid submitted two invoices (the "Invoices ") to Kimbob for its work. 11. The total amount of the Invoices was $100,831.31. 12. The first invoice was in the amount of $50,440.41 and has been paid. 13. The second invoice was submitted on March 12, 2013 in the amount of $50,390.90 and has not been paid despite repeated requests by Pyramid. A true and correct copy of this outstanding invoice is attached hereto as Exhibit `B." 14. As a result of Kimbob's failure to pay, interest has been accruing and continues to accrue on the outstanding $50,390.90 invoice. 15. The Contractor and Subcontractor Payment Act, 73 P.S. § 501 et seq. ( " Payment Act ") applies to the Project and provides that interest and penalties shall accrue on unpaid amounts due a contractor. 16. Pyramid is a contractor and Kimbob is an owner as those terms are defined in the Payment Act. 17. Inclusive of interest and penalties pursuant to the Payment Act, Pyramid is due in excess of $54,205.50. 18. Despite repeated requests, Defendant has failed and refused to pay Pyramid the amount due. 19. Pyramid completed its work in accordance with the requirements of the parties' agreement and is entitled to payment in full. 20. Mumma dominates and controls Kimbob. 21. He governs and exerts total control and influence over Kimbob. 3 s 22. Mumma is the alter ego of Kimbob. 23. Kimbob and Mumma are, in fact, inseparable from one another. 24. Upon information and belief, Kimbob's funds have been intermingled with personal funds of Mumma and/or with funds of other corporations controlled by Mumma. 25. Upon information and belief, Mumma treats Kimbob's assets as his own. 26. Upon information and belief, Kimbob has failed to observe corporate formalities. 27. In his dealings with Pyramid, Mumma projected the image that the Project was his own. 28. During contract negotiations, Mumma indicated to Pyramid that he personally was the owner of the project. 29. At the last minute, he requested that Pyramid indicate that the proposal would be signed by Kimbob rather than Mumma personally. 30. The alto ego theory of piercing the corporate veil applies where the individual or a corporate owner controls the corporation to be pierced. 31. This is the case here as Mumma dominates and controls Kimbob and treats it as his own. 32. Upon information and belief, Kimbob was undercapitalized at the time it signed the agreement with Pyramid which is why it has not paid Pyramid. COUNT I BREACH OF CONTRACT PYRAMID CONSTRUCTION SERVICES, INC. V. MMBOB, INC 33. Pyramid incorporates by reference the preceding paragraphs as if fully set forth herein. 34. A valid contract existed between Pyramid and Kimbob. 4 S • 35. Pyramid fulfilled its obligations under the Contract in a good and workmanlike manner. 36. Pursuant to the terms of the Contract, Kimbob agreed to pay all amounts due and owing Pyramid for the labor and materials Pyramid provided to the Project in an amount not to exceed $158,729. 37. Pyramid completed its work and billed Kimbob a total of $100,831.31. 38. Despite repeated requests and demands, Kimbob has failed to pay Pyramid the amount due under the Contract of $50,390.90. 39. Kimbob materially breached the terms of the Contract by failing and refusing to pay Pyramid in full. 40. As result of Kimbob's breach of contract, Pyramid has suffered damages in excess of $50,390.90 and its damages continue to increase with the accumulation of interest and penalties under the Payment Act each day that Kimbob continues in its refusal to make payment to Pyramid. WHEREFORE, Plaintiff Pyramid Construction Services, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Kimbob, Inc. and award Pyramid Construction Services, Inc. damages in excess of $50,000, and any other relief that this Court deems just, proper and equitable. COUNT 1Q BREACH OF CONTRACT PYRAMID CONSTRUCTION SERVICES, INC. y. ROBERT M. MUMMA, II 41. Pyramid hereby incorporates the preceding paragraphs as if set forth fully herein. 42. A valid contract existed between Pyramid and Kimbob. 5 r 43. Pyramid fulfilled its obligations under the Contract in a good and workmanlike manner. 44. Pursuant to the terms of the Contract; Kimbob agreed to pay all amounts due and owing Pyramid for the labor and materials Pyramid provided to the Project in an amount not to exceed $158,729. 45. Pyramid completed its work and billed Kimbob a total of $100,831.31. 46. Despite repeated requests and demands, Kimbob has failed to pay Pyramid the amount due under the Contract of $50,390.90. 47. Kimbob materially breached the terms of the Contract by failing and refusing to pay Pyramid in full. 48. As a result of Kimbob's breach of contract, Pyramid has suffered damages in excess of $50,390.90 and its damages continue to increase with the accrual of interest and penalties each day that it remains unpaid. 49. To the extent that Kimbob is unable to pay its obligations to Pyramid, Defendant Mumma is personally responsible for those obligations under a piercing of the corporate veil theory. 50. Justice and public policy demand that the corporate veil be pierced and piercing the corporate veil will not prejudice the rights of innocent parties. WHEREFORE, Plaintiff Pyramid Construction Services, Inc. respectfully requests that this Honorable Court pierce the corporate veil and hold Defendant Robert M. Mumma II personally liable and enter judgment against him personally for the damages Pyramid has sustained as outlined herein, in an amount in excess of $50,000, plus interest and costs and any other relief as this Court deems appropriate. 6 COUNT III UNJUST ENRICHMENT /QUANTUM MERUIT (IN THE ALTERNATIVE) PYRAMID CONSTRUCTION SERVICES INC. V. KIMBOB INC. 51. Pyramid incorporates by reference the preceding paragraphs as if fully set forth herein. 52. Pyramid supplied labor and materials to the Project for Kimbob's benefit and fully expected compensation for such work. 53. All the work discussed above was performed at the direction of Kimbob. 54. The amounts charged by Pyramid for its work on the Project were fair and reasonable. 55. Kimbob accepted and retained the benefits conferred upon it by Pyramid. 56. The benefits conferred by Pyramid increased the value of the Project. 57. If Kimbob does not compensate Pyramid for the work it performed on the Project, Kimbob will be unjustly enriched by Pyramid's work. 58. Kimbob wrongfully received the benefits of the labor and materials provided by Pyramid by not paying for the labor and materials that Pyramid furnished to the Project. 59. It will be unconscionable for Kimbob to retain the benefits of the improved property without paying for this material. 60. Kimbob misled Pyramid to believe that it would be paid in full for all materials Pyramid provided to the Project. 61. The reasonable value of the unpaid materials supplied to the Project by Pyramid is $50,390.90. WHEREFORE, Plaintiff Pyramid Construction Services, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Kimbob, Inc. and award 7 T � Pyramid Construction Services, Inc. damages in the amount of $50,000, plus any other relief that this Court deems just, proper and equitable. COUNT IV UNJUST ENRICHMENT /QUANTUM MERUIT (IN THE ALTERNATIVE PYRAMID CONSTRUCTION SERVICES, INC. y. ROBERT M. MUMMA, II 62. Pyramid incorporates by reference the preceding paragraphs as if fully set forth herein. 63. At all times relevant hereto, Defendant Kimbob was operating under the sole direction and control of Defendant Mumma. 64. All the work discussed above was performed at the direction of Mumma, who controlled Kimbob. 65. Defendant Mumma understood that Pyramid expected to receive payment in exchange for the labor and materials it provided to the Project. 66. Pyramid conferred a significant benefit upon Defendant Mumma by providing the labor and materials that are worth in excess of $50,000. 67. The reasonable value of the unpaid materials supplied to the Project by Pyramid is $50,390.90. 68. Defendant Mumma availed himself of this benefit by accepting and retaining the labor and materials provided. 69. At all relevant times hereto, Pyramid had a reasonable expectation to receive the payment for its work. 70. The amounts charged by Pyramid for its work on the Project were fair and reasonable. 71. The benefits conferred by Pyramid increased the value of the Project. 8 72. Defendant Mumma has been unjustly enriched in that he received the value of the labor and materials provided by Pyramid. 73. The reasonable value of the benefit provided by Pyramid to Defendant Mumma is in excess of $50,000. 74. Mumma wrongfully received the benefits of the labor and materials provided by Pyramid by not paying for the labor and materials that Pyramid furnished to the Project. 75. It will be unconscionable for Mumma to retain the benefits of the improved property without paying for the labor and materials. 76. If Defendant Mumma is not forced to pay Pyramid for the benefit received by Defendant Mumma, Defendant Mumma will be unjustly enriched in an amount in excess of $50,000. WHEREFORE, Plaintiff Pyramid Construction Services, Inc. respectfully requests that this Honorable Court pierce the corporate veil and hold Defendant Robert M. Mumma H personally liable and enter judgment against him personally for the damages Pyramid has sustained as outlined herein, in an amount in excess of $50,000, plus interest and costs and any other relief as this Court deems appropriate. COUNT V VIOLATION OF THE CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT PYRAMID CONSTRUCTION SERVICES, INC. V. KIMBOB, INC. 77. Pyramid incorporates by reference the preceding paragraphs as if fully set forth herein. 78. The Contractor and Subcontractor Payment Act, 73 Pa. C.S. § 501 et seq. ( "Payment Act ") is applicable to this Contract. 9 l 0 79. Kimbob is an "owner" and Pyramid is a "contractor" as defined by the Payment Act at Section 502. 80. Kimbob, as an owner, was required to pay Pyramid for the labor and materials furnished by Pyramid within 20 days of its receipt of Pyramid's invoices for payment. 81. Kimbob failed to timely pay Pyramid for the full value of its invoices relating to the Project as required by the Payment Act. 82. Kimbob did not provide any written notice of any deficiency items to Pyramid relating to its work and has no justification or excuse for failing to timely pay Pyramid. 83. Kimbob's failure and refusal to pay Pyramid for its materials constitutes a breach of the Contract and is a violation of the Payment Act. 84. Pursuant to the Payment Act, Pyramid is entitled to payment for the work it performed plus interest at the rate of one percent (1 %) per month, the statutory penalty of one percent (1 %) per month, and attorneys' fees. 85. To date, interest and penalties have accrued in the amount of $3,814.60. 86. Inclusive of interest and penalties pursuant to the Payment Act, Pyramid is entitled to an amount in excess of $54,205.50. 87. Interest continues to accrue on a daily basis on the unpaid balance in the amount of $16.80 per day. 88. Penalties continue to accrue on a daily basis on the unpaid balance in the amount of $16.80 per day. WHEREFORE, Plaintiff Pyramid Construction Services, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Kimbob, Inc. and award Pyramid Construction Services, Inc. damages in excess of $54,205.50, plus interest and penalties 10 accrued after the date of filing of this Complaint, attorneys' fees, costs of suit and any other relief that this Court deems just, proper and equitable. COUNT VI VIOLATION OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT PYRAMID_ CONSTRUCTION SERVICES, INC. y. ROBERT M. MUMMA, II 89. Pyramid incorporates by reference the preceding paragraphs as if fully set forth herein. 90. Mumma, as the alter -ego of Kimbob, was required to pay Pyramid for the labor and materials furnished by Pyramid within 20 days of its receipt of Pyramid's invoices for payment. 91. Mumma failed to timely pay Pyramid for the full value of its invoices relating to the Project as required by the Payment Act. 92. Mumma did not provide any written notice of any deficiency items to Pyramid relating to its work and has no justification or excuse for failing to timely pay Pyramid. 93. Mumma's failure and refusal to pay Pyramid for its materials constitutes a breach of the Contract and is a violation of the Payment Act. 94. Pursuant to the Payment Act, Pyramid is entitled to payment for the work it performed plus interest at the rate of one percent (I%) per month, the statutory penalty of one percent (1 %) per month, and attorneys' fees. 95. To date, interest and penalties have accrued in the amount of $3,814.60. 96. Inclusive of interest and penalties pursuant to the Payment Act, Pyramid is entitled to an amount in excess of $54,205.50. 97. Interest continues to accrue on a dally basis on the unpaid balance in the amount of $16.80 per day. 11 i 98. Penalties continue to accrue on a daily basis on the unpaid balance in the amount of $16.80 per day. WHEREFORE, Plaintiff Pyramid Construction Services, Inc. respectfully requests that this Honorable Court pierce the corporate veil and hold Defendant Robert M. Mumma II personally liable and enter judgment against him personally for the damages Pyramid has sustained as outlined herein, in an amount in excess of $50,000, plus interest and costs and any other relief as this Court deems appropriate. JURY TRIAL DEMANDED 99. Plaintiff demands a trial by jury consisting of twelve (12) persons. Respectfully submitted, WOOLFORD LAW, P.C. B Ti by oolford Attorn y I.D. No. 78941 101 North Pointe Boulevard, Suite 200 Lancaster, PA 17601 P: (717) 290 -1190 F: (717) 290 -1196 12 VERIFICATION I, Michael KIinepeter, am the Executive Vice - President of Pyramid Construction Services, Inc., and I verify that I am authorized to make this Verification on behalf of Pyramid Construction Services, Inc., the Plaintiff in this matter. I verify that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand the statements herein are made subject to the penalties of perjury and 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 2013 8,, Michael K11' epete 13 i i i i i i i I i i I i i i i i I I i I i t + Pyramid cam., ser vices. I11C.. ,. October 18, 2012 Mt. Robert Mumma U KD 200B, Inc. PG Box 5 Camp) UIL PA 17001 Re: Dollar Generale 840 Market Street, Lemoyne, PA PCSI Estimate No. 1 -081 -2732 Dear Bob: pyramid Contraction Services, Inc. (pCSD is pleased to offer our Time & Material Not -To- Exceed proposal in the amount of S158.729.00 to complete the following construction activities in accordance with Pyramid estimate dated 10/ 12112, and attached hereto. INCLUDING: I. Demolition (New Exterior Wall Openings Only) 2. Interior Concrete 3. Masonry 4. Rough Carpentry 5. Doors, Frame & Hardware (Shell Space Only) 6. Roofing at New Entrance 7. Caulking for Pyramid Work 8. Drywall perimeter of Space (2-Furring, 1 %" ridged insulation; 5/8 drywall. i 9. Painting (Prime Paint Drywall, Paint New Doors, Touch Up Exterior Block) 10. Plumbing (New Under Floor Sanitary Line to Area of New Toilets, Extend Water Line to Brea of New Toilets) 11. HVAC (hmtall 3 New 10 Ton RoofTop Units Ducted to tenant Ceiling, Grills, Diffuser as 12. Ele�ca One (1) New Panel, Exterior Building & Site Lighting, 400 AMP Service, Power to Tenant Signs, Empty Conduit for Satellite Cable, Emergency Lights) EXCLUSIONS: 1. Site Excavation, Paving Line Painting, Signage, Guard Rails, Privacy Fence, or Concrete Work 2. Interior partitions, Ceilings, Flooring, Painting, or Doors. 3. Window Tint 4, Toilet Accessories, Signage, Fire Extinguishers, Corner Guards 5. Fire Alarm 6. Sprinkler _ 7. Electrical Work for Tenant Fit -out 8. Aluminum and Glass Store Front and Automatic Doors 9. Purchase Roof Top Units t 840 North Fmnt Strait • - Jormleysbur& PA 170 ; M (7I7) 732 -8210 • Fax (717) 732 -8211 Dom General P'YRA M CONSTRUCTION SERVICES, INC. Oct 18, 2012 Pagel of to rovide this proposal- After your review, f free to contact us with any Thank you for the opportonity P osal gnesbons or , comments you have concerning this prop Sincerely, APPROVED: KIl DOB, Inc- PygAMD CONSTRUCTION SEp vICES, INC. 3Y: DATE: � Ray Young Senior Estimator RN TYlmd pricing is valid for a period of thirty (30) days from propasat date. 'go Nozrth Front St=j • W onTt eysbur& P 1 17043 (717) 732 8210 • Fax (717) I I I f i I i i i J I I " i i i i APPLI GA710N ANQ RJR EN ATION FOR PAYMT AIA DOCUMENT o f ` TO: kimba Inc PROJECT: APPLICATION NO.: 2 Rev. D s t on to: 840 Market St Dollar General OWNER Lemoyne PA 17043 ARCHITECT PERIOD TO: 2120113 CONTRACTOR FROM CONTRACTOR: PYRAMID CONSTRUCTION SERVICES, INC, VIA ARCHITECT: PROJECT NO: 840 North Front Street, Wormleysburg PA 17043 CONTRACT FOR: PCSI Job 1x:132644 CONTRACT DATE: C ONTRACTOITS APPUCATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract The undersigned Contractor certifies that to the beat of the Contractors knowledge, Continuation Sheet, AIA Document G703, is attached. information and belief the Work covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. t. Original Contract Sum $ 158 CONTRACTOR: Y ID CQN CTION SERVICES, INC. 2. Net change by Change Orders $ 3. Contract Sum to Date (One 1 1 2) $ 158,729,00 4. TOTAL COMPLETED d, STORED TO $ 100,831.31 By: 3/12113 DATE (COLUMN G ON G703) I U S. RETAINAGE: ; State of PA a. of Completed Work $ 0 County of: Cumberland (Column D + E on 0703) Subscribed and swo to before Is 12th Y W day nf_.� 2(113. . L YATA b. % of Stored Material $ Notary Public: i�11"IVIY IVIVSI (Column F on G703) r Norm" Sew Total Retalnege (lines Sa + Bb or My Commission expires: Kenton Starter, Notary Public total In Column 1 of 0703) Wwm�bur9 moo, OAnbertend County e. TOTAL EARNED LESS RETAINAGE $ 100,831.31 MY Comrnhision res 14, 2016 (Litre 4 Lose Una 5 Total) ARCHITECra CERTIFI"T FOR PAYMENT 7. LESS PREVIOUS CERTIFICATES FOR $ 50,440.41 In accordance with the Contact Documents, band on -site observations and the data PAYMENT ( Una 8 from prior Certificate) comprising the application, the Architect certifies to the Owner that to the best of the 8. CURRENT PAYMENT DUE $ 50,390.90 ArchitecCs knowledge, information and belief the Work has progressed as indicated, 9. BALANCE TO FINISH, INCLUDING RETAINAGE the quality of the Work is in accordance with the Contract Documents, and the Contractor (Una 3 less Line e) $ 87,897.69 is entitled to payment of the Amount Certified AMOUNT CERTIFIED ........... $ CHANGE ORDER SUMM KY ADDITIONS DEDUCTIONS (Attach explanation ifamount certified differs from the amount applied. Initial all figures on this T otal changes approved Application and on the Continuation Sheet that are changed to conform with the amount certified.) in previous months by e 0 ARCHITECT- T otal I a this Month 0.00 BY: Date: TOTALS 1 0.001 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment ere without NET CHANGES By Change order 0.00 prejudice to any rights of the Owner of Contractor under this Contract AIA DMUMENT 0702APPLICATIOR PAYMENT. 1992 E ITIO . AIA Users may obtain validation of this document by requesting a completed AIA Document D401 - Certification of Documents Authenticity from the Licensee. CONTINUATION SHEET Ar`PLICATION 110. 2 Rev. PERIM EMNQ 2282013 DcHar Daneral Araeaears No. - cL 132544 ITEM DESCRVTION OF WORK GCHEDULEO STORED TOTAL % BALANCE RETAINAGE N0. V PREVIOUB TtJIB PERIOD MATERIALS COMFLCH COMPLETED TO INJOU 1 9erwal Condil mte 14,002.00 3,762.22 7,240.34 BQ9i 6,701.88 Pyramid Labor 3,36&60 Mamdala 114.62 2 DemaRlion 4,808.00 3,894.39 4,330.88 90% 477.12 Pymodd Labs 150.00 MatedNt 20650 3 kiWt)r Con rNa 2,019.00 216.00 941,80 47 1,077.50 Pymmld Labor 166.00 Materlala 557.50 4 Masonry 3,660.00 - 3,090,00 87% 470.00 Kepler Meeonrp 3,090.00 6 MieO stew 2,228.00 1,887.71 1,887.71 76% 640.26 Pyrandd Labor MaterMla e Carpentry 3,872.00 2,406.00 3,998,89 112% (428.89) Pyramid Labor 1,188.00 Materials 404.81 7 Doare,Frameo 4 Hardware 2,152.00 2,762.90 3,802.90 122% (650,90) Pyramid LOW 840.00 MalaAah Capilot Dow 8 MOW Roofing 2,500.00 - 2,840,00 106% (140.00) N. Evwmff Roofing 2,840.00 9 Cauking 350.00 535.00 535.00 163% (185.00) 10 Drywall 11,717.00 10,829.00 11,717.00 100% Ownbid Penn Drywall 868.00 11 PNrding 1,820.00 - 893.86 49% 928.42 Key PwWm 890.68 12 Plumbing S.Wo 0 11631.35 1,631.36 17% 7,208.66 D & T Mesh, 6 Elect 13 HVAC 68,030.00 7,935.02 21,419.92 38% 35,418.08 O A T Mach, a EleoL 13,484.90 14 EhmUtN 23,694.00 10,633.43 27,28043 115% (3,600.83) D 6 T Mack & nic . 18,747.40 15 Canurlg m 4,607.00 - 0% 4.607.00 18 Conbso w Fee 10% of OMP 18,364.00 4,882.32 6,039.09 9,921.41 86% 5,442.69 Rdal I 1 fA720.00 1 50,440.411 50 390.90 1 100,831.31 1 64%1 57,097.60 JC Detail Jobs: 132S44.- 132544. All Phases Cost Types: 2 -10 Units. Actual Months: 1112 - 03/13 All Dates All JC Transaction Types All Departments Posted Actual Trans [4th Trans# Dab Bate Type Source Description Units Nuts Cost TIT �- T'r- °cl F= 'ev'. .`," j1 ..• +•''7rr `;., 010326. Travel 2 MATL 11112 16624 11/30112 09171!12 AP AP Entry 1908 Ray Young 922121 TR# 652121 APCo: 0.000 0.00 5.55 125travel mgme 11112 16625 1 WOM2 R=2 AP AP Entry 1908 Ray Young 922121 TR# 652141 APCo: 0.000 ON 4.44 1250wel expense 11112 16626 11130112 09121!12 AP AP Entry 1908 Ray Young 922121 TR# 65215/ APCo: 0.000 0.00 24.42 125travel expense t2112 9259 01123112 12128/12 AP AP Entry 1908 Ray Young 122 812 / TR# 767/41 APCo: 0.000 0.00 1.11 125travel expense Total for Cost Type: 2 0.000 0.00 35.52 Total For Phase: 010326. 0.00 35.52 010914. Off SuppWJohslte 2 MATL 12!12 4852 12127112 12/22112 AP AP Entry 4669 united Parcd Servic 4512 / TR# 465111 0.000 0.00 5.96 APCo:125UPS CHGS W-E 1222 -12 Total for Cost Type: 2 0.000 0.00 536 Total For Phases 015914. 0.00 5.96 016426. Temporary Tar" 2 MATL 11/12 12706 11/30/12 1120/12 AP AP Entry 4617 Associated Products 5972131 TR# 475111 0.000 0.00 73.14 APCa:125PORT TOILET THRU 12 -17 Total for Cost Type: 2 0.000 0.00 71114 Total For Phase: 016426. 0.00 13.14 020700. Selesflvs Demolition 2 MATL 11112 7531 11114/12 1029112 AP AP Entry 2429 StWs Rental Conte 139549 1 TR# 115111 0.000 0.00 250.69 APCo: 12517 LIFT 11112 9281 1IMM2 11106/12 AP AP Entry 572 Safway Services L' 150521 TR# 199111 0.000 0.00 35.81 APCo:125PSHOREIALUM JOIST Total for Cost Type: 2 0.000 0.00 266.50 Total For Phase 020700. 0.00 266.50 033000. Cast in Place Concre 2 MAIL 11/12 12695 11/30112 101311/12 AP AP Entry 4560 Home Depot CRCIGECF 40156341 TR# 0.000 0.00 130.40 462/11 APCo: 125M# CONC RETE1CBLT 11/12 12696 11/30/12 11/06/12 AP AP Entry 4560 Horne Depot CRCIGECF 90114031 TR# 0.000 0.00 9192 463111 APCa:125CORNERBEAD I IA2 12697 1113CV12 10/30112 AP AP Entry 4560 Home Depot CRCIGECF 6015077/ TR# OW O.00 10022 464/11 APCo: 125TAPCONSIREBAR/CONCRETEIEFC 11112 12698 11130/12 1024112 AP AP Entry 4560 Home Depot C12C /GECF 2013167/ TR# OA00 0. 103.70 4WI/ APCo:125TAPCONSJCONCRETEJETC 11/12 12699 111130112 100/12 AP AP Entry 4560 Home Depot CRCIGECF 30126961 TR# 0.000 0.00 213.26 40i/APCo: 125REBARI TIEWIREIETC Total for Cost Type: 2 LM 0.00 557.50 Total For Phases: 033000. LOO 55T.50 042001 Unit Masonry 2 MATL 11/12 t 2707 11/30112 11130112 AP AP Entry 4517 Kepler Masonry Inc 132544.11 TR# 473/1/ 0.000 0.00 3,MDO APCo:125MASONRY WORK Total for Cost Type- 2 Ln 600 3090.00 Total For Phase: 042000. 0.00 3,090A0 061000. Rm* Carpentry 2 MATL 11112 24424 12/18112 1122112 AP AP Entry 42740 Verimn Wireless 68164419801 TR# 0.000 0.00 50.50 1664/1431 APCo:110Witter, Jahn - 1012311241122112 125 pyramid Constnrcaion geryicw page 1 03N 2113 10:43:57 AM Data Format - MM/DD/YY local .rpt JC Detail Jobs: 132544.- 132544. All Phases Cost Types: 2 -10 Units: Actual Months: 1'V'12 -03113 All Dates All JC Transaction Types All departments Posted Actual Trans 11th Trand Date Date Type Source Description units Flours Cost ,- n a ^c: t3D �.�Rd - QrjkEf@ . , 12112 2267 12112112 11/07/12 AP AP Entry 4653 Lowas Business Ac cou 026721 TR# 5211/ 0.000 0.00 215.76 APC r 125RTD SHEATHING/ETC 12tt2 8616 12131112 11115/12 AP AP Entry 4560 Home Depot CRC/GECF 13635 / TR# 6501 01000 0.00 128.06 APCo: 125R21KF15XDSHOP TOWELStETC Total for Cost Type: 2 0.000 0.00 39432 Toted For Phases 061000. CAD 394.32 061150. Plywood Sheathing 2 MATL 12112 2258 12 11105/12 AP AP Entry 2646 Eberly Lumber 10070891 T TR# 67/11 APCo: 0.000 0.00 10.49 t20(6.8 TREATED Total for Cost Type: 2 0A00 0.00 10.49 Tots! For Phase: 061150. 0.00 10.49 074100. Metal Panel Roofing 3 SUBS 11,12 10020 11121//2 11/30f12 AP AP Entry 81 Mcholas Evanoff 132544.1 / TR9 234111 APCo: 0.000 0.DO 2,640.00 1251 SL#-Itam 132544.006 -1 Metal Panel Roofing Total for Cost Type: 3 OA00 an 2,640.00 Total For Phase: 074100. CAD 2,640.00 079200. Sealants & Caulldng 2 MATL 12112 2269 12112/12 11130/1 2 AP AP Entry 3641 Witmer Waterproofing 32012162011 TR# 0,000 0.00 535.00 61111 APCo:125LABORCYNATROUI Total for Cost Type: 2 0.000 CAD 535.08 Total For Phase: 079200. CAD 535.00 088100. Cass & Glazing 2 MATL 12112 8617 12131112 10125!12 AP AP Entry 2604 Pa Window Tart Inc 103681 TR# 65511/ 0.000 0.00 4,033.)0 APCo:1253M BLACK BLOCKOUT FILM 013 8088 02MM3 02127113 JC AR Receipt PA Window Tint 0.000 0110 4,033.00 Tom! for Cost Type: 2 0.000 0.00 0.00 Tom! For Phase: 088100. 0.00 0.00 092600. Gypsum Wall Systems 3 SUBS 11/12 9274 1112012 11130/12 AP AP Entry 4565 Central Penn Drywall 132544.5976A 1 TR# 01100 0.00 868.00 191/11APCM 1251 SL# -ttem 132544.001- 1Gypsum Wall Systems Total for Cost Type: 3 0.000 0.00 888.00 Total For Phan 092600. OAO 888.00 039000. Painting 3 SUBS 11/12 12694 11130/12 1 IM12 AP AP Entry 1925 Key Painting & Decor 132544.997441 TR# 0.000 0.00 893.56 4611V APCo:1251 SI.J�-Item 132544.002 -1 Painting Total for Cost Type: 3 0.000 CAD 893.58 Total For Phase: 099000. 0.00 893.58 150050. Mechanical-Hvac 3 SUBS 11 /12 11295 11127 /12 11/30M2 AP AP Entry 2118 D &T Mechanical & Be 132544.8991TR# 01100 (100 13,484.90 350111 APCo:1251 SL#-Item 132544.004 -1 Mecharkat -Hvac Total for Cost Type: 3 0.000 CAD 13,484.80 Total For Phase. 150050. 0.11) 13,4800 160050. Electrical 2 MATL 11 /12 15282 11!30/',2 1113EN12 AP AP Entry 2118 D&T Mechanical & Ele 5814 JTR# 588/11 0.000 0.00 2,301.55 APCo:125CONDUIT FOR SIGNIETC 11/12 15283 11130M2 11=2 AP AP Entry 2118 D&T Mechanical & Be 58151 TR# 589M/ 0.000 0.00 3,908.36 APCo:125NEW 400 AMP 3-PH OH SVC 11112 15284 11=2 11130/12 AP AP Entry 2118 D&T Mecha rn cal & Be 58161 TPJ 590M1 0.000 0.00 1,800.83 APCo:125CONT NEW 400 AMP SVC 125 Pyramid Construction Services Page 2 03112(13 10:43:57 AM Data Format - MMiDD/YY toaai .rpt JC Detail Jobs: 132544.- 132544. All Phases Cost Types~ 2-10 Units: Actual Months: I VII - 03!13 All Dabs All JC Transaction Types All Departments Pasted Ac WW Trans lath Trans# Date Date Type Source Descripfion Unb Hours Cost TT ^ f , y ...,^' II '... -.:`�. 2"1:'3' •y z-- 11112 15285 11130112 11130/12 AP AP Entry 2118 D &T Mechanical & Be 5817 /TR# 59111/ 0.000 0.00 534.54 APCa 125CW NEW 400 AMP SVC Total for Cost Type: 2 0.000 0.00 8,545.26 160050, Electrical 3 SUBS 11112 15175 11130112 11/30112 AP AP Entry 2118 D&T Mechanical & Ele 132544.8101 TR# 0.000 0.00 848.74 549/11 APCo:125/ SL# -Item 13254+4.003 -1 Electrical 11112 15176 11/30112 11/30112 AP AP Entry 2118 D&T Mechanical & Be 132544.5811 / TR# 0.000 0.00 1,218.49 550/11 APCo:125/ SLALbm 132544.003 -1 Eieorical 11112 15177 11130112 11130/12 AP AP Entry 2118 D&T Mechanical & Be 132544.58121 TF, OA00 0.00 534.54 551 /11 APCo: 12,51 St.# -Ibem 132544.003 -1 Electrical W12 15178 11W12 11130 /12 AP AP Entry 2118 D&T Mechanical & Be 132544.58131 TR# 0.000 0100 5,602.35 552/1/ APCo:1251 SIJ -bm 132544.003 -1 Electrical Total for Cost Type: 3 0.000 0.00 8,20212 Total For Phase: 160050. 0.00 16,747A0 Total For Job: 1325" 0.00 39,642.31 Total For Company:125 0.00 34,64231 125 Pyramid Conetrucfion Services Page 3 03112113 10:43:57 AM Data Format - MM/DDNY Local -rpt Labor Report 12/01/12 Dollar General Pyramid Construction Services Inc. 840 N. Front Street Wormleysburg, PA 17043 d}(ajay+ Position _, j,� _ . <. Total r Total _ jv X51? Kathy L er PA 1 $ 35.00 $ 35.00 $ 52.50 $ - John Witter Superintendent 39.5 $ 60.00 $ 2.370.00 $ 90.00 $ Ray Young PM 6.5 $ 75.00 $ 487.50 $ 112.50 $ - Mike Zellers safety Officer 2 $ 38.00 $ 76.00 $ 57.00 $ Tra y Roser Ca rater 2 $ 48.00 $ 96.00 $ 72,00 $ Lukas Mason Laborer 1 $ 26.00 $ 26.00 $ 39.00 $ Matt Sams Laborer 3 $ 26.00 $ 78.00 $ 39.00 $ - Jeff Graham Laborer 7,5 $ 26.00 $ 195.00 $ 39.00 $ - Division # 1 Total $ 3,353.60 $ _ N O V ' 3363.60 - Labor Report 12/01/12 Dollar General Pyramid Construction Services Inc. 840 N. Front Street Wormleysburg, PA 17043 Position ��, s r., Total �; s, Total Jahn Witter Superintendent 2.6 $ 60.00 $ 160.00 $ 90.00 $ - Troy Roser Carpenter $ 48.00 $ - $ 72.00 $ - Tom Suck Ca enter $ 48.00 $ - $ 72 $ _ Kwomain Bradley Laborer $ 28.00 $ - $ 39.40 $ _ Jeff Graham Laborer $ 26.00 $ $ 39.00 $ Division 11 2 Total $ 1 50.00 = _ .,...c.tq : .. ,..ir.. ,,...•...dd..�. .'II.:.., tr, .... ...aL.... i.. ..! ..x..... �.a ,. , r. n.P 'Y... :. :St3'�!, $ 160.00 Labor Report 12/01/12 Dollar General Pyramid Construction Services Inc. 840 N, Front Street Wormieysburg, PA 17043 Position `ii i-� ':,, Total Total John Witter SuperIntendent i 50.00 $ 120.00 $ 90,00 $ TroX Roser Carpenter 1 $ 48.00 48.00 72,00 $ _ $ 28.00 $ - $ 38.00 $ - $ 26.00 $ - $ 39.00 $ - Division # 3 Total $ 168.00 $ c.:.. rd $ 168.00 . .' ? +i,u.i � .r. °:.Cx..- 1ai.a1.4:,�.ei.W.., . �•�. .i+ zu.0 _'?:...� �. {>,�'!J3 I i APPLICATION AND CERTIFICATION FOR PAYMENT AIA DOCUMENT G702 PAGE ONE OF 1 PAGES ° TO OV WNER: PROJECT: Dollar General APPLICATION NO: 1 Distribution to: Lemoyne, PA OWNER PERIOD TO: 11/30/12 ARCHITECT FROM CONTRACTOR VIA ARCHITECT: Robert H. Kepler Masonry Contractor, Inc. 5826 Linglestown Rd PROJECT NOS: 132644 Harrisburg, PA 17112 IvOV 2 U 20 CONTRACT FOR: Masonry CONTRACTDATE: 11/5/2012 ,,.;.... , Jv is r•.. .'• W -t ..... CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor catttilies that to the boat of the Conn actoes knowledge, �" " `' " •v° Application is made for payment, as shown below, in connection with the Contract Woams0on mod belief the Work covered by this Application for Paymem has been completed Continuation Sheet, AIA Document 0703, is attached. in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for payment were Issued and payments received from the Owner, and that current payment shown herein Is now due. 1. ORIGINAL CONTRACT SUM.. . .......... ............. $ 3,090.00 2. Net change by Change Orders .... , . , ... , ... I ......... . ........ $ 0.00 CONTRACTOR: Robert H. Kepler Masonry Contractor, Inc. 3. CONTRACT SUM TO DATE (Line 1+ 2) ....... .. .. . . .................. $ 3 4. TOTAL COMPLETED 8t STORM TO DATE .............. . . ............. S 3 (Column 0 on 0703) By: � — Date: I1Q612012 5. RE TAINAOR David H. Kepler' —T a 10 — % of Completed Work t 30/ State of Pennsylvania County � of n , � ,, t , t „ � `wrmlelPiWEALTH OF PENNSYLVANIA (Column D +B on 0703) Subscribed and sworn to lxfara me this 26th Day gov-e 2011. NOTARIAL SEAL CATHYL MARSHBANK b, °Y6 of Stand Notarial $ N Notary Public otary Public: ER PAXTON TWP., DAUPHIN COUNTY (Column F on 0703) My Commission expires: 34OCL -16 Commission Expires Oct 30, Roi6 Total Retainage (Lines 5a + 5b or ..�� 309.0 ARCHITECT'S CERTIFICATE FOR PAYMENT 6. TOTAL EARNBD LESS RETAINAOE ....... ... . ......... $ 2,7 8.0 In accordance with the Contract Documents. based on on -site observations and the data (Liao 4 Lees Lino 5 Total) comprising the application, the Architect certifies to the Owner that to the beat of the 7. LESS PREVIOUS CERTIFICATES FOR Architects knowledge, information and belief the Work has ro p grassed as indicated, the quality PAYMENT (Line 6 from prior Certificate) .............................. $ 020 of the Work is in accordance with the Contract Documents, and the Contractor is entitled to 8. CURRENT PAYMENT DUB ..... . ........ ........ , ............ , $ 2,7% payment of the AMOUNT CERTWMD. 9. BALANCE TO FINISH, INCLUDING RETAINAGE .. .................. . ... $ 309.00 (Line 3 less Line 6) AMOUNT CERTIFIED ........... $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS (Attach explanadon ! amawu cerg4ed d(Q"eraJrom the amount applkd Irdttal all /igwes on thla Total changes approved AppRoadon and on the CoNkmradon Simer thw are ehon,Red to cororm to the amount cerri, fled) in preview montba by Owner ARCHITECT: Total apemij this Month By: D ale: TOTALS This Certificate is not negotiable. Thu AMOUNT CERTIFIED is psyable only to the Contractor named hemuL .Issuanoo, payment and acceptance of payment arc without NET CHANGES by C Order prejudice to any rights of the Owner or Contractor under this Contract. AN OCCUME14T 0702 - APMMATION AND OERTIPMATION POR PAYMENT 1112 EDITION • AIA • 01107 THE AMERICAN INSTITUTE OF AROH"OTS, 173a YORK AVE, N.W., wMHINQTON, DC Users way obtain validation of this document by requesting of the llcease n completed AU Document D401- Certification of Docu men l�ul � , if VEtVn # .— PO a UL Labor Report 12101112 Dollar General Pyramid Construction Services Inc. 840 N. Front Street Wormleysburg, PA 17043 Position 71 Total ; _ Total John Witter Isuperintendent 15 $ 60.00 $ 900.00 60,00 $ _ Troy Roser Ca enter 6 $ 48.00 $ 288.00 $ 72.00 $ - Tam Sufic Ca enter 48.00 $ $ 72.00 I $ - Division* 8 Total $ 1,188.00 $ _ .Y >d :o $ 1,188.00 I r.r rar..t�.r� t tvr�e mnv %ocn, i lriuo I t runt rAYMtfl I �^ ---.+- .+ rAm 1 or 2 pAoE3 TO Pyramid Caanstxuctlon Services PROJEC . APPLICATION NO: Distribution to: 840 N. Front Street Dollar General PERIOD TO: 11/30/2012 [ } O WNER vvormI ab�ur , P A 17Q43 Lemoyne, PA PROJECT NO: 132644 -006 [ j CONSTRUCTION FROM CONT CTOR: MANAGER Nicholas Evanoff Company CONTRACT DATE - 1 012412012 [)ARCHITECT PO Box 4222, 897 Pelffers La a [x} CONTRACTOR Harrisburg, PA 17111 VIA CONSTRUCTION MANAGER: CONTRA 7T FOR: ROofin VIA AR g CHITECT; CONT TORS APPLI ON FOR PAYMENT The undersigned Contractor certifies that to the bast of the Contractor's knowledge, Information and Application Is m shown below, In connection with the Contract. belief the Work covered by this Application for Payment has been completed in accordance with the Continuation Sheet, ALA Document G703, Is attached. Contract Docu ments, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current 1. ORIGINAL CONTRACT SUM $2,640.00 payment shown heroin is now due. CONTRACTOR: NICHOLAS EVANOFF COMPANY 1 Net Change By Change Orders $0.00 3. CONTRACT SUM TO RATE (Line 1± 2) $2,640.00 By: Date: State of Pennsylvania 4. TOTAL COMPLETED a STORED TO DATE $2 County of: Dauphin (Column G on 0702) Subscribed and swom to before 6. RETAINAGE: ma this loth day of a _ 012 a, JL of Completed Work — (Columns D + E on G703) NO IARIAL SEAL NANCY I DECKER b. -- Q—% of Stored Material $0.00 Notary Public: Notary PubliC (Column F on G703) L 4 Total Retainegs (Line 6a + 5b or T HAN0 TWP DAUP oe C OUNTY 2014 Total In Column I on 0703) 00 My Commi Expires: My Commission Expires Doe 9, 2014 S. TOTAL EARNED LESS RETAINAGE $&3 " CERTIFICATE FOR PAYMENT (Line 4 less Line 6 Total) iQ T. LESS PREVIOUS CERTIFICAM FOR PAYMENT r (11� � 0.0 In accordance with the Contract Documents, based on on -ske observations and the data (Line 6 from prior Certificate) fJ � comprising this application, the Construction Manager and Architect certify to the Owner S. CURRENT PAYMENT DUE a that to the best of their knowledge, Information and belief the Work is In accordance with 9. BALANCE TO FINISH, INCLUDING RETAINAGE the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. (Line 3 less Line 6) $264.00 AMOUNT CERTIFIED $ (AMwh explanation If amount oartMad ditm from the amount epplled for MIN I all i'►Qt!r>I't= vn Mff RRplUc Qn llplft utet r to we amount cerunw ) ADD ITION DEDUCTI o changes a pprov n CONSTRUCTION MANA DM Pc-r._.�.,,,_,� PO 0 7 l S revious months Py Owner Total approved this Month By: S CC v Da TOTALS ARCHITECT: 1 a e er By: ......r..,... D,.. ...., This Cartiflcate Is not negotiable. The AMOUNT CERTIFIED Is payable only to the Contractor named herein. Issuance, payment and accep of payment are w ithout Pt k ut to an Pay rights of the Owner or Contractor �) y ri g o tractor under this Contract. Labor Report 12101112 Dollar General Pyramid Constructlon Services Inc. 840 N. Front Street Wonnleysburg, PA 17043 Positlon fW.. ..,A MEW- Total <M Tofal John Witter Superintendent 10 $ 60.00 $ 600.00 $ 80.00 $ Troy Roser Carpenter 5 $ 48.00 $ 240.00 $ 72,g0 _ Carpenter $ 48.00 $ - $ 72,00 $ - Ca enter $ 48.00 $ - $ 72.00 $ _ Carpenter $ 48.00 $ - $ 72.00 $ - DIVIslon $ 8 Total $ $40.00 . ,_._. ....' ►�OSt $ 840.40 APPLICAT4GN AND CERTIFICATE FOR PAYMENT Aid DOCUWNT 07021Cma (Instructions on rercnc side) PAGE i OF 2 PAGES CONTRACTOR: Pyramid Construction Services PROJECT: APPLICATION NUMBER: 0000005970A Distribution W: 840 North Front G.C.: Pyramid Construction PERIOD TO: 11/16/12 wN>sR Wormleysbur PA A 170 43 Attn: Ray Young PROJECPNOS.: 0132544 CONSTRUCTION SUBCONTRACTOR: Cent enn Drywall, Inc. MMAUER PO Box 5270 CONTRACT DATE: CONTRA c OR VIA CONSTRUCTION MANAGER CONTRACT FOR: Dollar General - Lemoyne VIA ARCHITECT: CONTRACTOR'S LICATION FO ENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, Application Is made for payment, as shown Mew, m accordance with the Contact. information and belief, the Work covered by this Application for Payment has been Continuation Sheet" AIA Document 4703 is attacha completed in accordance with the Contract Documents, that all amounts have been I. ORI CONTRACT SUM $11,717.00 paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 2. Net Change By Change Orders ............................ $0.00 CONTRACTOR 3. CONTRACT SUM TO DATE (Line 1 +2) ...... $ 11,717.00 ��^ ,. BY: DATE 4. TOTAL COMPLETED & STORED TO DATE .............. $11,717.00 F Krautheim II - President (Column 0 on 0703) State of: County of S. RETAINAOE: Subscribed and sworn before me this day of 20 a 10% %of Completed Work $1,171.70 Notary Public: (Columns D do E on 0703) My Commission Expires: b. 10% % of Stored Material $0.00 (Cohmm F on 0703) CERTIFICATE FOR PAYMENT Total Retainage (Line 5a+ 5b or Total in Column 1 of 0703) $1,171.70 In accordance with the Contract Documents, based on on -site observations and the data comprising the above application, the Construction Manager b. TOTAL EARNED LESS RETAINAOE ........................ $10,$46.30 certifies that to the best of his knowledge, h&mmtion and belief the Work (Line 4 toss Liao 5 Total) - _,_. has progressed as indicated, the quality of the Work is in accordance with The Contract Documents, and the Contractor is entitled to payment of the 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT AMOUNT CERTIFIED. (Line 6 tkom prior Certif cate) -" -T OLINT CERTIFI $ 799.20 8. CURRENT PAYMENT DUE $788.20 ttach explanation i !! gores on this ![cation and on the Continuation Shoe hat changed to conform t1t� ount cerlJ led). 9. BALANCE TO FINISH, INCLUDING RETAINAGE CONSTRUCTION , PO # (Line 3 Ions Line 6) $ 1,171.70 By: CHANGE ORDER SUMMAR ADDITIONS DEDUCTIONS _ A _ Total changes approved in A ARCHITECT; te: p revious months b J Owner This certificate is not negotiable. The AM 'payable only Total Affroved this Mouth to the Contractor named herein. Issuance, payment and acceptance of TO $000 $0.00 payment are without prejudice to any rights of the Owner or Contractor under NET CHANGES by Cbmge Order $0,001 this ContracL INVOIC SATE COMMERCIAL AND INDUSTRIAL PAINTING November 27 2012 100 WEST SECOND STREET, HUMMELSTOWN, PA 17036 NUMBER �( PHONE (717) 566 -0260 A i 7��U7 p 0 9 9 7 4 4 PYRAMID CONSTRUCTION S ERVIC E S, INC. 840 North Front Street Wormleys PA 1 7043 , .. RE: Dollar General Job #132544 TERMS: net 30 days 893.58 DATE T DESCRIPTION ^T AMOUN 11/27/2012 Request payment for w ork performed at Dollar General, 840 Market Street, Lemoyne PA Labor - 18 hrs _ $675.00 Mat erials 218.58 TOTAL BILLING $893. .14. ?L?'��'r�. - sMM; wr -Y •llilab/ wMdvsl! .. .�..._"`._ • �714i�1i+ Fe'a�4Fawinr M6s �Ta;t3 OWNER -- C. E. DANIELS THANKYOU PAY LAST AMOUNT IN THIS COLUMN 14899 ' D &T .IDB pMONE aTE MECHANICAL CONTRACTORS; INC. l t 20 f tit z 714 AYERS AYE. P.O. 8OX 42 7 B """aL DCAT L EMOYME, PA 17043 OoLL4X WAeAL PAM7M 1717) 763 -7449 Fax 17171 704104 3 REC PMMID TEFUM 16�2 r Ll 3 VENDOR pot .__..�._......__....__.._..__. - _- .�.__......._...._.._. "= j3"�•�0 • S LABOR HOURS RATE AMOUNT TOTAL. MATERIAL TOTALLABOR woac anoa+Ea DNE QED eum TAX L i dft *m�) R i" D &T Mechanical Contactors, Inc. JOB INVOICE P.O. Box 42 Lemoyne, PA 17043 INVOICE NUMBER 5810 (7170763 -7449 Fax (717)763 -8104 INVOICE DATE 11/19j2012 TERMS 0 CUSTOMER ID PAGE NUMBER Page 1 of 1 LABOR $1,540.00 MATERIALS $1,029.91 To; PYRAMID CONSTRUCTION SERVICES, INC. 840 North.Front Street Wormleysburg, PA 17043 OTHER TOTAL $2,569.91 Dollar General - Market Street, Lemoyne, PA ELECTRICAL Wire Roof Top HVAC Units, Wire Roof Top GFI receptacle, rough wire power to front door, Start installation on new panels and reconnection of existing panels. ID# IDESCRIPTION QTY PRICE EACH EXTENDED PRICE 3097 3P- 60A,240V Non -Fused Switch,nema3R 3 $149.50 $448.50 752 20A GFI Recpt 1 $12.58 $12.58 715 In- Use -Cvr 1 G GFI 1 $9.38 $9.38 57 Raintite Box,4- 1 /2"Hubs 1 $3.80 $3,80 #S AIVG 3 COND MC Cable 80 $3.31 $264.80 2108 314 "BX Conn,Straight 6 $0.59 $3 1721 2 "Flex Condult,Stl 10 $3.40 $34.00 1723 2 "Flex Conn,screw -in 4 $5.98 $23.92 543 410 Str.THHN Aluminum wire 100 $1.42 $142.00 440 #2 THHN Copper W'rre,Str 30 $1.82 $54.60 2544 4 "PVC Sch.40 Conduit 10 $2.24 $22.40 2545 4"PVC 90 degree,Sch.40 1 $8.30 $8.30 2548 4 "PVC Sch.40 Coupling 1 $2.09 $2.09 DATE IDESCRIPTION HOURSF HOURLY RATE EXTENDED AMOUNT 11)8/2012 Jack 7.00 $55.00 $385.00 11/6/2012 Dan 7.00 $55.00 $385.00 1116!2012 Will 7.00 $55.00 $385.00 1116/2012 Mark 7.00 $55.00 $385.00 $2 568.91 o to D&T Mechanical Contractors, Inc. JOB INVOICE C &T P.O. Box 42 'lt tw A r Lemoyne, PA 17043 INVOICE NUMBER 5810 (7170763 -7449 Fax (717)763 -8104 INVOICE DATE 11;19!2 012 TERMS 0 CUSTOMER ID I PAGE NUMBER Page 1 of 1 LABOR $1,485.00 MATERIALS $1,047.20 To; PYRAMID CONSTRUCTION SERVICES, INC. 840 North Front Street Wormleysburg, PA 17043 OTHER TOTAL $2,532.20 Dollar General - Market Street, Lemoyne, PA ELECTRICAL Continue work on panels, Run circuit for additional wall packs, Install(4) wall packs. ID# DESCRIPTION ' QTY PRICE EACH EXTENDED PRICE 400 WATT Metal Haiide Wall Pack 4 $250 -00 2110 3 /8 "MC Cable Conn,Single 6 $0.52 $1,000.00 ! $3.12 498 #1212 Type MC AL 70 $0.52 $36.40 518 Blue Wire Nuts 6 $1.28 $7.68 a DATE IDESCRIPTION I HOURS HOURLY RATE EXTENDED AMOUNT 11/712012 Jack 7.00 $55.00 $385.00 11/712012 Dan 7.00 $55.00 $385.00 11!7/2012 Bill 6.00 $55.00 $330.00 11!712012 Mark 7.00 $55.00 $385.00 $2,632.201 D &T Mechanical Contractors, Inc. .SOB INVOICE BIT P.O. Box 42 fte Lemoyne, PA 17043 INVOICE NUMBER 5814 (7170763 -7449 Fax (717)763 -8104 INVOICE DATE 1 1 11 96201 2 TERMS 0 CUSTOMER ID PAGE NUMBER Page 1 of 1 LABOR . $110.00 MATERAL.S $269.03 To: PYRAMID CONSTRUCTION SERVICES, INC. 840 North Front Street Wormfeysburg, PA 17043 OTHER TOTAL $379.03 Dollar General - Market Street, Lemoyne, PA ELECTRICAL Provide additional circuit breakers for 400AMP Panel. Meet with PPL Tech. !D# 15ESCRIPTION QTY PRICE EACH EXTENDED PRICE Seirnens Bt. 120 Breaker 5 $18.29 $91.45 Selmens BL12OGFI 1 $177.58 $177.58 DATE DESCRIPTION t-IOURS HOURLY RAT . El EXTENDED AM OUNT 11/812012 Steven 200 $55 $110:D0 $379.03 a „oT � D&T Mechanical Contractors, Inc JOB INVOICE ' &T P.O. Box 42 A q t4mac y Lemoyne, PA 17043 INVOICE NUMBER 5810 (7170763 -7449 Fax (717)763 -8104 INVOICE DATE 11/19/2012 TERMS 0 CUSTOMER ID PAGE NUMBER Page 1 of 1 LABOR 5330.00 MATERIALS ;5254.35 To: PYRAMID CONSTRUCTION SERVICES, INC. 840 North Front Street Wormleysburg, PA 17043 OTHER TOTAL $584.35 Dollar General - Market Street, Lemoyne, PA ELECTRICAL Install Wall Pack rear of Building ID# IDESCRIPTION QTY PRICE EACH EXTENDED PRICE 515 Yellow Wire Nuts 3 $0.08 $0.24 2250 5/16” Self Drill Concrete Anchor 3 $1.37 $4.11 400 Watt Metal Halide Wall Pack 1 $250.00 $250.00 DATE DESCRIPTION [ HOURLY RATE EXTENDED AMOUNT 11/3/2012 Bill 3.00 $55.00 $165.00 11/9!2012 Mark 3.00 $55.00 $165.00 5684.35 3 7 O %OT%t t D &T Mechanical Contractors, Inc. JOB INVOICE O &T P.O. Box 42 Lemoyne, PA 17043 INVOICE NUMBER 5810 {7170763 -7449 Fax (717)763 -8104 INVOICE DATE 11119:012 TERMS 0 CUSTOMERID PAGE NUMBER Page 1 of t LABOR $440.00 MATERIALS $408.74 To; PYRAMID CONSTRUCTION SERVICES, INC. 840 North Front Street Wormleysburg, PA 17043 OTHER TOTAL $848.74 Dollar General - Market Street, Lemoyne, PA ELECTRICAL Begin installation of new 400 Amp 3 phase overhead service. ID# IDESCRIPTJON I QTYJ PRICE EACH EXTENDED PRICE 2668 4 "Rigid Conduit 13 $17.98 $233.74 4x4x1 /2 x 'l0' Angle Steel 10 $17.54 $175.00 DATE IDESCRIPTION 560RSj HOURLY RATE EXTENDED AMOUNT 11/13=12 Dan 3.00 $55.00 $165.00 1111312012 Mark 5.00 $55 -00 $275.00 $848.74 Esc D &T Mechanical Contractors, Inc. JOB INVOICE $ P.O. Box 42 Lemoyne, PA 17043 INVOICE NUMBER 5810 (7170763 -7449 Fax (717)763 -8104 INVOICE DATE 11119/2012 TERMS 0 CUSTOMER ID PAGE NUMBER Page 1 of 1 LABOR $1,155.00 MATERIALS $2,271.88 To; PYRAMID CONSTRUCTION SERVICES, INC. 840 North Front Street Wormleysburg, PA 17043 OTHER TOTAL $3,426.88 Dollar General - Market Street, Lemoyne, PA ELECTRICAL Continue installation of new 400 Amp 3 phase overhead service. Reroute e)asting service cable. ID DESCRIPTIO QTY PRICE EACH EXTENDED PRICE 2544 4 "PVC Sch.40 Conduit 10 $2.14 $21.40 2545 4 "PVC 90 degree,Sch.40 1 $8.30 $8.30 2548 4 "PVC Sch.40 Coupling 1 $2.09 $2.09 2195 4 "Conduit Hangers w /bolt 2 $2.05 $4.10 2954 VTwo Hole Strap,Stl 3 $1:53 $4.59 3060 3P- 400A,240V Fused Switch,nema3R 1 $1,232.16 $1,232.16 Milbank 400 AMP Class 320 Meterbase 1 $447.50 $447.50 Milbank 4" HUB 1 $35.30 $35.30 Square D 4" Hub 1 $163.10 $163.10 1850 RK5 Time Delay Fuse 225400A 3 $67.91 $203.73 Milbank K3441 Lug Kit 1 $45.43 $45.43 2837 4 "Servic:e Entrance Cap 1 $94.54 $94.54 2539 3 "PVC Male Adapter 2 $2.08 $4.16 2733 3 "Locknuts,Stl or Mail 2 $1.78 $8.56 2534 3 "PVC Sch.40 Conduit 1 $1.92 $1.92 DATE IDESCRIPTION I HOURSI HOURLYRATE1 EXTENDED AMOUNT 1 1 /1 41201 2 Dan 8.00 $55.00 $440.00 11 fl 41201 2 Mario 7.00 $55.00 $385.00 11114/2012 Jack 6.00 $55.00 $330.00 $3 D&T Mechanical Contractors, Inc. JOB INVOICE C2 &T P.O. Box 42 Lemoyne, PA 17043 INVOICE NUMBER (7170763 -7449 Fax (717)763 -8104 INVOICE DATE TERMS 0 CUSTOMER ID PAGE NUMBER Page 1 of 1 LABOR $935.00 To: PYRAMID CONSTRUCTION SERVICES, INC. MATERIALS $865.83 840 North Front Street Wormleysburg, PA 17043 OTHER TOTAL $1 Dollar General - Market St, Lemoyne, PA Electrical - Continue installation of new 400 Amp 3 phase overhead service. wire disconnect and meter base, relocate wall pack wiring ID# tDESCRIPTION QTY PRICE EACH EXTENDED PRICE 2115 518 "Acom,Gmd Clamp 1 $4.37 $4.37 2116 5!8"X8' Gmd Rod 1 $20.37 $20.37 2140 112"Continuous Threaded Rod 3 $4.11 $12.33 2153 112 -13 Hex Nuts 6 $0.38 $2.28 39 4 "Square Box,2 -1/8 "Deep 1 $1.30 $1.30 680 4 "Square Blank Cover,Stl 1 $0.49 $0.49 2110 3 /8 "MC Cable Conn,Single 2 $0.52 $1.04 448 500MCM THHN Copper Wire,Str 85 $9.69 $823.65 DATE IDESCRIPTION HOURS HOURLY RATE EXTENDED AMOUNT 11/15/2012 Dan 4.00 $55.00 11/15/2012 hack $220.00 11/15!2012 Sit! 4.00 $55.00 $220.00 4.50 $55.00 $247.50 11/1 512012 Mark 4.50 $55.00 $247.50 $1,800.83 v' DST Mechanical Contractors, Inc JOB INVOICE J3&T P.O. Box 42 Lemoyne, PA 17043 INVOICE NUMBER {7170763 -7449 Fax (717)763 -8104 INVOICE DATE TERMS 0 CUSTOMER ID PAGE NUMBER Page 1 of 1 LABOR $880.00 MATERIALS $4,722.35 To; PYRAMID CONSTRUCTION SERVICES, INC. 840 North Front Street Wormleysburg, PA 17043 OTHER TOTAL $5,602.35 Dollar General - Market St, Lemoyne, PA Electrical - Install additional material for new service. ID# IDESCRIPTION QTY PRICE EACH EXTENDED PRICE 440 #2 THHN Copper Wire,Str 115 $1.04 $119.60 448 500MCM THHN Copper Wire,Str 475 $9.69 $4,602.75 DATE IDESCRIPTION HOURSI HOURLY RATE f EXTENDED AMOUNT 11/1512012 Dan 4.00 $55.00 $220.00 11/1512012 Jack 4.00 $55.00 $220.00 11115=12 Bill 4.00 $55.00 $220.00 11/15/2012 Mari, 4.00 $55.00 $M.00 $5,602.35 D &T Mechanical Contractors, Inc. JOB INVOICE P.O. Box 42 Lemoyne, PA 17043 INVOICE NUMBER 5810 (7170763 -7449 Fax (717)783 -8104 INVOICE DATE 11,1912012 TERMS 0 CUSTOMER ID PAGE NUMBER Page 1 of 1 LABOR $495.00 MATERIALS $85.54 To; PYRAMID CONSTRUCTION SERVICES, INC. 840 North Front Street Wormleysburg, PA 17043 OTHER TOTAL $580. Dollar General - Market Street, Lemoyne, PA ELECTRICAL Finish Grounding Seance, Relocated wall pack for sign placement. ID# I DESCRIPTION QTY PRICE EACH EXTENDED PRICE 438 #6 THHN Copper wre,Str 15 $0.65 $9.75 442 110 THHN Copper Wire,Str 20 $2.90 $58.D0 532 One Hole Soiderless Lug#500 MGM 1 $827 $8,27 39 4 "Square Box,2- 1 /8"Deep 1 $1.79 $1.79 2472 314 "PVC Sch.40 Conduit 10 $0.38 $3 2478 3/4 "PVC LB 1 $3.07 $3.07 2477 3/4 "PVC Male Adapter 1 $0.38 $0.38 2188 3/4 "Conduit Hangers w/boit 2 $0.24 $0.48 DATE IDESCRIPTION I HOURS1 HOURLY RATE EXTENDED AMOUNT 11/16/2012 Dan 3.00 $55.00 $1.55.00 1 1 /1 61201 2 Mark 3.00 $55.00 $165.00 11118/2012 Jack 3.00 $55.00 $165.00 $580.54 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 'a� Sheriff THE PROTHONOTARY Jody S Smith Chief Deputy 2,013 SEA' -6 AM 11. 1 Richard W Stewart " CUMBERLAND COUNTY Solicitor OFFICE OFTI-E SHERIPP PENNSYLVANIA Pyramid Construction Services, Inc. Case Number vs, 2013-4635 Kimbob, Inc. (et al.) I SHERIFF'S RETURN OF SERVICE 08/09/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Kimbob, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint&Notice according to law. 08/09/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert M. Mumma, 11, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 08122/2013 10:00 AM-The requested Complaint&Notice served by the Sheriff of Dauphin County upon Suzy Mumma,who accepted for Kimbob, Inc., at 614 North Front Street, Harrisburg, PA 17101. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 09104/2013 11:15 AM-The requested Complaint&Notice served by the Sheriff of York County upon Liz Chronister, Gardener, who accepted for Robert M. Mumma, 11, at 242 S. Lewisberry Road, Mechanicsburg, PA 17055. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.00 SO ANSWERS, 6Z September 04, 2013 RbN FANDERSON, SHERIFF (r)CountySufte Sheriff,Tcleosoff,Inc. Shelley Ruhl Jack Duignan Chief Deputy Real Estate Deputy ?`F Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PYRAMID CONSTRUCTION SERVICES, INC. VS County of Dauphin KIMBOB, INC. Sheriff s Return No. 2013-T-2338 OTHER COUNTY NO. 2013-4635 And now: AUGUST 22, 2013 at 10:00:00 AM served the within NOTICE & COMPLAINT upon KIMBOB, INC. by personally handing to SUZY MUMMA * 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 614 NORTH FRONT STREET HARRISBURG PA 17101 ALSO SERVED COVER LETTER * MANAGER Sworn and subscribed to So Answers, ! before me this 23RD day of August, 2013 Q�✓�"u� '� Sheriff of nty, Pa. ),(`, r By COMMONWEALTH OF PENNSYLVANIA Dep Sheriff NOTARIAL SEAL Deputy: J FRUHWIRTH Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $41.25 8/15/2013 M Commission Expires August 17 2014 SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice,II Chief Deputy, Operations Chief Deputy,Administration PYRAMID CONSTRUCTION SERVICES, INC. Case Number vs. KIMBOB, INC., ET AL(et al.) 13-4635 CIVIL SHERIFF'S RETURN OF SERVICE 08/21/2013 11:15 AM- DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT&NOTICE BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE LIZ CHRONISTER, GARDENER,WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR ROBERT M. MUMMA, II AT 242 N. LEWISBERRY RD., MECHANICSBURG, PA 17055. o REY STRINE, DEPUTY SHERIFF COST: $90.80 ANS RS, August 29, 2013 RI ARD P K RL BE , SHERIF COMMONWgW 2 R-NNSYLVANIA Notdriel Seal Sheila E.Cook,Notary Public City of York,York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ......... ..... ... ..... .............. ....... ..... ,... .....- ........ '........................................ . NOTARY Affirmed and subscribed to before me this 29TH day of AUGUST 2013 (c)CountySuite Sheriff,Teleoso fnc. U `1 i r SOHO LEGAL SERVICES,LTD. 11 Ali 1 Kirk S. Sohonage 1+ PA Attorney I.D. No.: 77851N� SYL� Ii 3915 Union Deposit Road Harrisburg, PA 17109 ti Phone No.: (717) 953-3072 Fax No: (717) 953-3073 kirksoho @icloud.com Attorneys for Defendants IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS PYRAMID CONSTRUCTION • SERVICES, INC. • CIVIL ACTION Plaintiff, • No. 20 )3 - 1.1636 v. KIMBOB, INC. and ROBERT M. ROBERT M. MUMMA II, • Defendants. AND NOW, comes the Defendants, Kimbob, Inc. and Robert M. Mumma II, by and through their counsel, SOHO LEGAL, and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Denied. The averments of Paragraph 2 are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Kimbob, Inc. is a Pennsylvania business situated at 333 N. Lewisberry Road, Monaghan Township, York County, Pennsylvania. 3. Denied. Robert M. Mumma II resides at 6880 SE Harbor Circle, Stuart, Florida 34996. 4. Denied. The averment contained in Paragraph 4 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 5. Denied. The amount is controversy is $15,000. Defendants have agreed to pay $35,000. There is only $15,000 that is contested and accordingly this matter is subject to arbitration pursuant to the Cumberland County Rules. 6. Admitted. 7. Denied. To the extent that the Plaintiff is attempting to characterize the terms of a written document that speaks for itself, the averment of Paragraph 7 is specifically denied and strict proof thereof is demanded at the time of trial. 2 8. Denied. To the extent that the Plaintiff is attempting to characterize the terms of a written document that speaks for itself,the averment of Paragraph 8 is specifically denied and strict proof thereof is demanded at the time of trial. 9. Admitted in part and Denied in part. It is admitted that the work was completed in November 2012. It is specifically denied that the Plaintiff performed the work and strict proof thereof is demanded at the time of trial. By way of further answer, the Plaintiff did not perform all of the work and instead hired subcontractors to complete some of the work. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. It is specifically denied that the Plaintiff is entitled to interest and strict proof thereof is demanded at the time of trial. By way of further answer, Kimbob has agreed to pay $35,000 on the final invoice and would have already paid it,but for the bank refusing to release the funds because the Plaintiff had called the bank and threatened that he would be filing a lien on the affected property. The Plaintiff's statement to the bank has caused the funds to be frozen, and has delayed payment not only to the Plaintiff, but also has delayed payment to others who had performed work at that site. 3 15. Denied. The averment contained in Paragraph 15 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 16. Denied. The averment contained in Paragraph 16 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 17. Denied. The averment contained in Paragraph 17 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, the Defendant is entitled to receive credits for work that was eliminated from the plans, work that was not performed or work that was not accounted for by the Plaintiff. 18. Denied. The averment contained in Paragraph 18 is specifically denied and strict proof thereof is demanded at the time of trial. 19. Denied. To the extent that the Plaintiff is attempting to characterize the terms of a written document that speaks for itself,the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer,the Defendant is entitled to receive credits for work that was eliminated from the 4 plans, work that was not performed or work that was not accounted for by the Plaintiff. 20. Denied. The averment contained in Paragraph 20 is specifically denied and strict proof thereof is demanded at the time of trial. 21. Denied. The averment contained in Paragraph 21 is specifically denied and strict proof thereof is demanded at the time of trial. 22. Denied. The averment contained in Paragraph 22 is specifically denied and strict proof thereof is demanded at the time of trial. 23. Denied. The averment contained in Paragraph 23 is specifically denied and strict proof thereof is demanded at the time of trial. 24. Denied. The averment contained in Paragraph 24 is specifically denied and strict proof thereof is demanded at the time of trial. 25. Denied. The averment contained in Paragraph 25 is specifically denied and strict proof thereof is demanded at the time of trial. 26. Denied. The averment contained in Paragraph 26 is specifically denied and strict proof thereof is demanded at the time of trial. 27. Admitted. 28. Admitted. 29. Denied. The averment contained in Paragraph 29 is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, at all 5 times Plaintiff was told that Kimbob, Inc. would be the party hiring Plaintiff to perform portions of the work. 30. Denied. The averment contained in Paragraph 30 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 31. Denied. The averment contained in Paragraph 31 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 32. Denied. The averment contained in Paragraph 32 is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Plaintiff has not been paid because of its interference with the payment process. Additionally, Defendants dispute the amounts for work that Plaintiff contends it completed and other work Plaintiff completed was unnecessary. 33. This is an incorporation paragraph and no response is necessary. 34. Denied. The averment contained in Paragraph 34 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 6 35. Denied. The averment contained in Paragraph 35 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 36. Denied. The averment contained in Paragraph 36 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 37. Denied. The averment contained in Paragraph 37 is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Plaintiff has not been paid because of its interference with the payment process. Additionally, Defendants dispute the amounts for work that Plaintiff contends it completed and other work Plaintiff completed was unnecessary. 38. Denied. The averment contained in Paragraph 38 is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Plaintiff has not yet received payment of the amount due on Invoice#2 because of interference with payment procedures and threats made to the financial institution providing the funding for the project. 39. Denied. The averment contained in Paragraph 39 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the 7 • averment is specifically denied and strict proof thereof is demanded at the time of trial. 40. Denied. The averment contained in Paragraph 40 is specifically denied and strict proof thereof is demanded at the time of trial. 41. This is an incorporation paragraph and no response is necessary. 42. Denied. The averment contained in Paragraph 42 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 43. Denied. The averment contained in Paragraph 43 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 44. Denied. To the extent that the Plaintiff is attempting to characterize the terms of a written document that speaks for itself, the averment is specifically denied and strict proof thereof is demanded at the time of trial. 45. Denied. To the extent that the Plaintiff is attempting to characterize the terms of a written document that speaks for itself, the averment is specifically denied and strict proof thereof is demanded at the time of trial. 8 46. Denied. To the extent that the Plaintiff is attempting to characterize the terms of a written document that speaks for itself,the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Kimbob has not been able to pay the amount actually due to Plaintiff because of Plaintiff's interference with the bank. 47. Denied. The averment contained in Paragraph 47 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 48. Denied. The averment contained in Paragraph 48 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 49. Denied. The averment contained in Paragraph 48 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 50. Denied. The averment contained in Paragraph 50 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 9 51. This is an incorporation paragraph and no response is necessary. 52. Denied. The averment contained within Paragraph 52 is specifically denied and strict proof thereof is demanded at the time of trial. 53. Denied. The averment contained within Paragraph 53 is specifically denied and strict proof thereof is demanded at the time of trial. 54. Denied. The averment contained in Paragraph 54 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 55. Denied. The averment contained within Paragraph 55 is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Kimbob has not been paid for this work because of Plaintiff's actions. 56. Denied. The averment contained within Paragraph 56 is specifically denied and strict proof thereof is demanded at the time of trial. 57. Denied. The averment contained in Paragraph 57 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 58. Denied. The averment contained in Paragraph 58 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the 10 averment is specifically denied and strict proof thereof is demanded at the time of trial. 59. Denied. The averment contained in Paragraph 59 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 60. Denied. The averment contained within Paragraph 60 is specifically denied and strict proof thereof is demanded at the time of trial. 61. Denied. The averment contained in Paragraph 61 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 62. This is an incorporation paragraph and no response is necessary. 63. Denied. The averment contained within Paragraph 63 is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was the officer in charge of the project for Kimbob, Inc. 64. Denied. The averment contained within Paragraph 64 is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was the officer in charge of the project for Kimbob, Inc. 11 65. Denied. The averment contained in Paragraph 65 is specifically denied and strict proof thereof is demanded at the time of trial. 66. Denied. The averment contained in Paragraph 66 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 67. Denied. The averment contained in Paragraph 67 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 68. Denied. The averment contained in Paragraph 68 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 69. Denied. The averment contained in Paragraph 69 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 70. Denied. The averment contained in Paragraph 70 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the 12 averment is specifically denied and strict proof thereof is demanded at the time of trial. 71. Denied. The averment contained in Paragraph 71 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 72. Denied. The averment contained in Paragraph 72 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 73. Denied. The averment contained in Paragraph 73 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 74. Denied. The averment contained in Paragraph 74 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 75. Denied. The averment contained in Paragraph 75 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the 13 averment is specifically denied and strict proof thereof is demanded at the time of trial. 76. Denied. The averment contained in Paragraph 76 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 77. Paragraph 77 is an incorporation paragraph and no answer is necessary. 78. Denied. The averment contained in Paragraph 78 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 79. Denied. The averment contained in Paragraph 79 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 80. Denied. The averment contained in Paragraph 80 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 14 81. Denied. The averment contained in Paragraph 81 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 82. Denied. The averment contained in Paragraph 82 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 83. Denied. The averment contained in Paragraph 83 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 84. Denied. The averment contained in Paragraph 84 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 85. Denied. The averment contained in Paragraph 85 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 15 86. Denied. The averment contained in Paragraph 86 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 87. Denied. The averment contained in Paragraph 87 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 88. Denied. The averment contained in Paragraph 88 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. 89. Paragraph 89 is an incorporation paragraph and no answer is necessary. 90. Denied. The averment contained in Paragraph 90 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was not a party to the contract in question. 91. Denied. The averment contained in Paragraph 91 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of 16 trial. By way of further answer, Mumma was not a party to the contract in question. 92. Denied. The averment contained in Paragraph 92 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was not a party to the contract in question. 93. Denied. The averment contained in Paragraph 93 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was not a party to the contract in question. 94. Denied. The averment contained in Paragraph 94 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was not a party to the contract in question. 95. Denied. The averment contained in Paragraph 95 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of 17 trial. By way of further answer, Mumma was not a party to the contract in question. 96. Denied. The averment contained in Paragraph 96 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was not a party to the contract in question. 97. Denied. The averment contained in Paragraph 97 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was not a party to the contract in question. 98. Denied. The averment contained in Paragraph 98 is a legal conclusion to which no response is necessary. To the extent that a response is deemed necessary the averment is specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Mumma was not a party to the contract in question. 99. Denied. As the amount in question is only Fifteen Thousand ($15,000.00), the Plaintiff must first go through county arbitration. 18 NEW MATTER 100. The Plaintiff is estopped from bringing this action as he has already agreed to accept Thirty-Five Thousand($35,000.00) Dollars as satisfaction of his final invoice. 101. The Defendants raise the Doctrine of Laches as the failure to have yet paid the Plaintiff the Thirty-Five Thousand($35,000.00) Dollars is because the Plaintiff had contacted the financial institution that was providing funding for the project and Plaintiff advised the bank that it would be putting on lien on the interested property, which has caused the bank to freeze the funding and resulted in non- payment to not only the Plaintiff,but others who had worked at the interested site. 102. The Defendants raise the Affirmative Defense of Failure of Consideration of Contract. 103. The Defendants raise the Affirmative Defense of Statute of Frauds. 104. The Defendants raise the Affirmative Defense of Justification. 105. The Defendants raise the Affirmative Defense of Truth and Waiver. 19 WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint. SOHO LEGAL, , ,/" Kirk S. Sohonage PA Attorney I.D.No.: 77851 3915 Union Deposit Road Harrisburg, PA 17109 Phone No.: (717) 953-3072 Fax No: (717) 953-3073 kirksoho @icloud.com Attorneys for Defendants 20 VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing Pleading are true and correct to the best of my knowledge, information and belief I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Dated: Robert M. Mumma II, individually, and as President of Kimbob, Inc. WOOLFORD LAW,P.C. By: Timothy J.Woolford,Esquire Attorney I.D. 78941 101 North Pointe Boulevard,Suite 200 Attorneys for Plaintiff Lancaster,PA 17601 Pyramid Construction Services, Inc. PYRAMID CONSTRUCTION : IN THE COURT OF COMMON PLEAS OF SERVICES; INC. : CUMBERLAND COUNTY, Plaintiff, : PENNSYLVANIA : CIVIL ACTION-LAWS v. NO. 13-4635 Civil -1 = _ M -- - ■ KIMBOB, INC. : JURY TRIAL DEMANDED rn -4 � - . and �c � ROBERT M. MUMMA, II : rp`-=- �. Defendants. : .:; PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS KIMBOB, INC. AND ROBERT M. MUMMA, II Plaintiff Pyramid Construction Services, Inc., by and through its undersigned counsel, Woolford Law, P.C., hereby submits this Reply to Defendants Kimbob, Inc. and Robert M. Mumma, II's New Matter as follows: REPLY TO NEW MATTER 100. Denied for the reason that the allegation contained in Paragraph 100 constitutes a conclusion of law to which no response is necessary. By way of further answer, it is specifically denied that the Plaintiff is estopped from bringing this action as he has already agreed to accept Thirty-Five Thousand ($35,000) Dollars as satisfaction of his final invoice. 101. Denied for the reason that the allegation contained in Paragraph 101 constitutes a conclusion of law to which no response is necessary. By way of further answer, it is admitted that Plaintiff contacted Integrity Bank concerning the fact that it had not been paid for its work on the Project. However, it is denied that Plaintiff advised the bank that it would be putting a I lien on the interested property. The remaining averments of this paragraph are denied for the reason that after reasonable investigation, Plaintiff is unable to admit or deny the truth of said averments and such averments are therefore denied. 102. Denied for the reason that the allegation contained in Paragraph 102 constitutes a conclusion of law to which no response is necessary. 103. Denied for the reason that the allegation contained in Paragraph 103 constitutes a conclusion of law to which no response is necessary. 104. Denied for the reason that the allegation contained in Paragraph 104 constitutes a conclusion of law to which no response is necessary. 105. Denied for the reason that the allegation contained in Paragraph 105 constitutes a conclusion of law to which no response is necessary. WHEREFORE, Plaintiff Pyramid Construction Services, Inc. respectfully request that this Honorable Court enter judgment against Defendants Kimbob, Inc. and Robert M. Mumma, II, in the amounts set forth in the Complaint, along with any other relief that this Court deems just, proper and equitable. Date: October 30, 2013 Respectfully submitted, WOOLFORD LAW 'J. By: Ti • J. ' oolford Attorney I.D. No. 78941 101 North Pointe Boulevard, Suite 200 Lancaster, PA 17601 P: (717) 290-1190 F: (717) 290-1196 2 CERTIFICATE OF SERVICE I, Timothy J. Woolford, an attorney with Woolford Law, P.C., certify that on this date, I served a true and correct copy of the foregoing document upon the following via United States, - postage prepaid, first class mail: Kirk S. Sohonage, Esquire Soho Legal Services, LTD 3915 Union Deposit Road Harrisburg, PA 17109 Date: October 30, 2013 `i�'�� i rhy J. Woolford 3 WOOLFORD LAW,P.C. By:Timothy I Woolford,Esquire Attorney I.D.78941 101 North Pointe Boulevard,Suite 200 Attorneys for Plaintiff, Lancaster,PA 17601 Pyramid Construction Services,Inc. PYRAMID CONSTRUCTION : IN THE COURT OF COMMON PLEAS OF SERVICES, INC. : CUMBERLAND COUNTY, Plaintiff, : PENNSYLVANIA CIVIL ACTION-LAW V. NO. 13-4635 Civil KIMBOB, INC. JURY TRIAL DEMANDED —PI C) (Dr- and r ROBERT M. MUMMA, 11 C--) E5 Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA< PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,the undersigned certifies that: 1. 1 am counsel for the Plaintiff,Pyramid Construction Services, Inc., in the above action. 2. A Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 ("Notice of Intent"), with a copy of the Subpoena attached thereto, was mailed to counsel for Kimbob, Inc. and Robert M. Mumma, 11 on October 22, 2013, at least twenty days prior to the date on which the Subpoena is sought to be served. 3. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate as Exhibit"A." 4. No objection to the Subpoena has been received. 5. The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve Subpoena. Date: November 13,2013 WOOLFORD LAW, P.C. By: ImothfJ J. 6olford Attorney . .No. 78941 101 North Pointe Blvd., Suite 200 Lancaster, PA 17601 T: (717)290-1190 F: (717)290-1196 2 CERTIFICATE OF SERVICE 1, Timothy J. Woolford, certify that on this date, I served a certified true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena Pursuant to Rule 4009.22 upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Kirk Sohonage, Esquire Soho Legal Services, Ltd. 3915 Union Deposit Road Harrisburg, PA 17109 Timothy *oolford Dated: November 13,2013 3 EXHIBIT A WOOLFORD LAW,P.C. By:Timothy J.Woolford,Esquire Attorney LD. 78941 101 North Pointe Boulevard,Suite 200 Attorneys for Plaintiff, Lancaster,PA 17601 Pyramid Construction Services,Inc. PYRAMID CONSTRUCTION : IN THE COURT OF COMMON PLEAS OF SERVICES, INC. : CUMBERLAND COUNTY, 840 North Front Street : PENNSYLVANIA Wornileysburg, PA 17043 Plaintiff, : CIVIL ACTION—LAW V. : NO. 13-4635 Civil KIMBOB, INC. JURY TRIAL DEMANDED 614 North Front Street Harrisburg, PA 17101 and ROBERT M. MUMMA, II 242 South Lewisberry Road Mechanicsburg, PA 17055 Defendant. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Kirk S. Sohonage,Esquire Soho Legal Services,Ltd. 3 915 Union Deposit Road Harrisburg,PA 17109 YOU ARE HEREBY notified that Plaintiff Pyramid Construction Services, Inc. intends to serve a subpoena identical to the one attached to this Notice. You have twenty(20) days from the date listed below in which to Me of record and serve upon the undersigned counsel for serving party an objection to the subpoena- If no objections are made, the subpoena may be served- WOOLFORD LAW P. Dated: October 22,2013 By: :: rnq&�Ti R i $Wo ord COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PYRAMID CONSTRUCTION SERVICES,INC. • Plaintiff File No.13-4635 Civil vs. KUvIBOB,INC.and ROBERT M.MUMMA,H Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TEEMS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Integrity Bank (Name of?erson or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: See attached list entitled Documents/Records Required to be Produced. at Woolford Law,P.C., 101 North Pointe Blvd., Suite 200,Lancaster,PA 17601 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA)vfE: Timothy J.Woolford,Esquire ADDRESS: 101N."bP.i-wBOWe� suite 200 Lmwastex,PA 17601 TELEPHONE: (717)290-1190 SUPRENE COURT ID#78941 ATTORNEY FOR I-,.d Com=-9— I-- BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy Documents/Records Required to be Produced I Any and all documents that relate in any way to financing obtained by Robert M. Mumma, H, One Thirty Company or Kimbob, Inc. concerning a construction or development project located at 840 Market Street,Lemoyne,Pennsylvania which includes a Dollar General store(the"Project"). 2. All correspondence or any writing of any kind or inscription,including all emails, sent by or received by any representatives of Integrity, including John Havas,which relates in any way to financing or loans to Robert Ni Mumma, 11, One Thirty Company or Kimbob, Inc. in connection with the Project at any time during the past three(3)years. 3. All correspondence or any writing of any kind or inscription,including all emails, sent or received by John Havas concerning the Project. 4. All correspondence or any writing of any kind or inscription,including all emails, sent or received by John Havas within the past three(3)years,relating in any way to One Thirty Company,Kimbob,Inc. or Robert M. Mumma, H or the Project. 5. Any and all notices of default or other violation of any loan, line of credit or other financing agreements between Integrity and One Thirty Company,Kimbob, Inc. or Robert M. Mumma,II or to the Project at any time in the past two (2) years. 6. All documents that show, evidence or reveal all deposits,withdrawals,debits and/or payments to and from any accounts held by Robert A Mumma, 11,One Thirty Company or Kimbob,Inc. or any other accounts on which Robert M. Mumma,H is an authorized signatory within the past two(2)years. 7. Any personal guarantees,mortgages,promissory notes or other documents evidencing security for any financing or loans provided by Integrity to One Thirty Company, Kimbob,Inc. or Robert A Mumma, If or any entity or person that you believe to be affiliated with any of them,or in connection with the Project within the past three(3) years. 8. All hard copy, electronic and other copies of all bank statements,deposit slips, and checks for,and any and all other records of or relating to, any and all accounts of One Thirty Company,Kimbob;, Inc. or Robert M. Mumma,H and any other accounts on which Robert A Mumma,H is or has been an authorized signatory for the past three(3) years. 9. All documents that relate in any way to the Project. 10. Any and all documents that concern,relate to or constitute requests for financing or reimbursement that you received from One Thirty Company,Kimbob,Inc. or Robert M. Mumma, H or any entity or person that you believe to be affiliated with any of them at any time in the past three(3)years. 11. All financial statements provided to you by One Thirty Company,Kimbob, Inc. and by Robert M. Mumma, H in the past three(3) years. 12. All loan applications submitted to Integrity by One Thirty Company,Kimbob, Inc. and Robert M. Mumma, H or any entity or person that you believe to be affiliated with any of them at any time in the past three(3)years. 13. Any and all documents relating to any foreclosure actions or other default proceedings or other legal proceedings involving One Thirty Company,Kimbob,Inc. and/or Robert M. Mumma, H or any other entities or parties that you believe to be affiliated with any of them. 14. All documents concerning the 2013 transfer of 840 Market Street, Lemoyne, Pennsylvania from One Thirty Company to Robert M. Mumma, U and/or from Robert M. Mumma, II to Susan R. Mumma, Susan M. Mumma and Marguerite Mumma- WOOLFORD LAW,P.C. By: Timothy I Woolford,Esquire Attorney LD. 78941 101 North Pointe Boulevard,Suite 200 Attorneys for Plaintiff, Lancaster,PA 17601 Pyramid Construction Services,Inc. PYRAMID CONSTRUCTION IN THE COURT OF COMMON PLEAS OF SERVICES, INC. CUMBERLAND COUNTY, 840 North Front Street PENNSYLVANIA Wormleysburg, PA 17043 Plaintiff, CIVIL ACTION—LAW V. NO. 13-4635 Civil K VIBOB, INC. JURY TRIAL DEMANDED 614 North Front Street Harrisburg, PA 17101 and : ROBERT M. MUMMA, II 242 South Lewisberry Road Mechanicsburg, PA 17055 Defendant. NOTICE TO: Custodian of Records Integrity Bank 3345 Market Street Camp Hill,PA 17011 You are required to complete the following Certificate when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things to be required to be produced pursuant to the subpoena issued on ,2013 have been provided. Date: (Person Responding to Subpoena) CERTIFICATE OF SERVICE I, Timothy J. Woolford,an attorney with Woolford Law,P.C., certify that on this date,I served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.2 upon the following via United States mail,postage prepaid, addressed as follows: Kirk S. Sohonage, Esquire Soho Legal Services,Ltd. 3 915 Union Deposit Road Harrisburg,PA 17109 Zothy 6 oo�L*o�lford Date: October 22,2013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PYRAMID CONSTRIiCTION . SERVICES, INC. - . moo CIVIL ACTION __r71 cp rri. --4-; si= -70'•- Plaintiff. . ..<> frI) No, 13-4(35 i---z ----4—'r:i ..<•c.,; 6 5- ' K11011013, INC and ROBER 1 M. MUNIMA II, . Defendants. PRAECIPE TO WITHDRAW PRO I HONOTARY: Please file this Praecipe to Withdraws the appearance of Kirk S. Sohonage, Fsquire. cis counsel for Robert M. Mumma II and Kimbob. Inc_ in the abovc-noted matter. thank you. ..-- 7 Kirk1/1/- //li ,••° - . 4oilholc< I WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 101 North Pointe Boulevard, Suite 200 Lancaster, PA 17601 PYRAMID CONSTRUCTION SERVICES, INC. Plaintiff, v. KIMBOB, INC. and ROBERT M. MUMMA, II Defendants. Attorneys for Plaint Pyramid Construction Services, Inc. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION — LAW : NO. 13-4635 Civil PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above -captioned matter settled, discontinued and ended. WOOLFORD LAW, P.C. Date: May 27, 2014 By: imo . Woolford Atto ey I.D. No. 78941 101 North Pointe Blvd., Suite 200 Lancaster, PA 17601 T: 717-290-1190 / F: 717-290-1196 Co c�, CERTIFICATE OF SERVICE I, Timothy J. Woolford, an attorney with Woolford Law, P.C., certify that on this date, I served a true and correct copy of the foregoing document upon the following via United States, postage prepaid, first class mail: Date: May 27, 2014 Robert F. Mumma, III P.O. Box 5 Camp Hill, PA 17001 Timothy J. W . olford