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HomeMy WebLinkAbout13-7489 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Liberty Excavators, Inc. 4402 Gettysburg Road No.: 3 — Vq4ee m L Camp Hill, Pennsylvania 17011, Claimant, STATEMENT OF MECHANICS' LIEN CLAIM V. �.,. Classic At Admiral's Quay Limited Partnership @A M tn 2151 Linglestown Road, Suite 300 i Harrisburg, Pennsylvania 17110 -t y cm And _ Classic Communities Corporation, 2151 Linglestown Road, Suite 300 Harrisburg, Pennsylvania 17110, Owners or Reputed Owners. Filed on behalf of: LIBERTY EXCAVATORS, INC. I hereby certify that the within described real estate is located in the Borough of Counsel of Records for This Party: Mechanicsburg, Cumberland County, Pennsylvania, and designated as Parcel POST & SCHELL, P.C. Identification Number 10 -22- 0521 -015, by the corder of Deeds of Cumberland County, John W. Dornberger Pe ylvania Attorney I.D. #69293 Kenneth W. Lee Attorney I.D. #50016 John Do Berger 17 North Second Street 12 Floor Harrisburg, PA 17101 -1601 Telephone: 717- 731 -1970 Facsimile: 717 - 731 -1985 Email: jornberger @postschell.com a 5o o 11408058v1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Liberty Excavators, Inc. 4402 Gettysburg Road Camp Hill, Pennsylvania 17011, Claimant, Classic At Admiral's Quay Limited Partnership 2151 Linglestown Road, Suite 300 Harrisburg, Pennsylvania 17110 And Classic Communities Corporation 2151 Linglestown Road, Suite 300 Harrisburg, Pennsylvania 17110, Owners or Reputed Owners. STATEMENT OF MECHANICS' LIEN CLAIM Liberty Excavators, Inc., a Pennsylvania corporation, by and through its attorneys, Post & Schell, P.C., files this Statement of Mechanics' Lien Claim as a contractor pursuant to the Pennsylvania Mechanics' Lien Law, 49 P.S. § 1101 et seq., against the property herein described, any and all buildings or structures erected thereupon and the curtilage appurtenant thereto for the payment of $258,590.55, together with interest calculated from August 2, 2013, and costs due to Liberty Excavators, Inc. as a contractor under the contract herein described. The following is a statement of the claim of Liberty Excavators, Inc.: 11408058v1 1. Claimant, Liberty Excavators, Inc., (hereinafter "Liberty "), is a Pennsylvania corporation, organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 4410 Gettysburg Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Owner or Reputed Owner, Classic At Admiral Quay Limited Partnership (hereinafter "Partnership "), is, upon information and belief, a limited partnership organized and existing under the laws of the Commonwealth of Pennsylvania whose principal place of business is located at 2151 Linglestown Road, Suite 300, Harrisburg, Dauphin County, Pennsylvania, 17110. 3. The Owner or Reputed Owner, Classic Communities Corporation (hereinafter "Classic "), is, upon information and belief, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania whose principal place of business is located at 2151 Linglestown Road, Suite 300, Harrisburg, Dauphin County, Pennsylvania, 17110. 4. This claim relates to labor, services, equipment and /or materials provided by Liberty to erect and construct the project commonly known as "Admiral's Quay" (hereinafter "Improvement ") upon the premises situate on Brady Lane and being Lot No. 1 of the Calabrese & Sons, Inc. Preliminary /Final Subdivision/Lot Consolidation Plan, Hamden Township and Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, Tax Parcel No. 10 -22- 0521 -015, as more fully described in a Deed dated October 22, 2008, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200834936 (hereinafter "Property "). A true and correct copy of this Deed is attached hereto as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. 11408058v1 _ 2 - 5. Upon information and belief, at all times material hereto, Partnership and Classic are, for purposes of the Pennsylvania Mechanics' Lien Law, 49 P. S. § 1101 et M., either the same entity or have disregarded their partnership or corporate forms so as to be regarded as the same entity as evidenced by certain facts, including but not limited to: a. they share the same office and office facilities; b. they conduct business from the same location; C. they conduct the same type of business, including but not limited to the erection and construction of the Improvement; d. they employ or utilize the same individuals in furtherance of their business activities; e. they pay each others financial obligations, including but not limited to the payments identified in this Statement; f. James Halbert is (i) a partner of the Partnership, or (ii) an individual in whom the Partnership has vested legal authority to bind the Partnership, or (iii) is an individual who the Partnership has represented has been vested with such legal authority; g. James Halbert is (i) an officer or director of Classic, or (ii) an individual in whom Classic has vested legal authority to bind Classic, or (iii) is an individual who Classic has represented has been vested with such legal authority; and h. James Halbert is the only individual (i) who has communicated with Liberty about all aspects of the Improvement or (ii) with whom Liberty has communicated about all aspects of the Improvement. 6. On April 23, 2013, Liberty and Classic, entered into a written agreement whereby Liberty agreed to furnish labor, services, equipment and /or material in furtherance of the Improvement upon the Property and Classic agreed to pay Liberty the amount as set forth or as calculated therein for the labor, services, equipment and /or material furnished by Liberty in furtherance of the Improvement (hereinafter "Contract "). A true and correct copy of the 11408058v] _ 3 - Contract is attached hereto as Exhibit `B" and incorporated herein by reference as though fully set forth at length. 7. The total value of the labor, services, equipment and /or material furnished by Liberty in furtherance of the Improvement, including any and all Change Orders, and calculated in accordance with the Contract is $484,703.93 as more fully set forth in the documents attached hereto as Exhibit "C" and incorporated herein by reference as though fully set forth at length. 8. The Improvement consisted of the erection and construction of commercial and /or residential buildings or structures, the utilities, facilities and structures necessary to permit them to be occupied, and the curtilage appurtenant thereto necessary for the Improvement to be used for the purpose or purposes intended. 9. The Contract obligated Liberty to perform excavation, grading, filling, paving and landscaping as well as perform the construction and installation of the storm water sewer system, the rain garden, the water system, and concrete curbing, all of which were incidental to and vital and necessary for completion of the Improvement. 10. Liberty last furnished labor, services, equipment and /or material pursuant to the Contract and in furtherance of the Improvement on August 2, 2013. 11. All labor, services, equipment and /or material furnished by Liberty in furtherance of Improvement were furnished in a good and workmanlike manner and to date, no written notice of any "deficiency item" or any other objection as to the type, quality, character or quantity of the labor, services, equipment and /or material so furnished has been served upon or received by Liberty. 11408058vt _ 4 - 12. On or about August 2, 2013, the Partnership and /or Classic suspended or abandoned the Improvement and agreed that Liberty should furnish no further labor, services, equipment and /or material to or for the Improvement until notified. 13. Thereafter, Classic paid the sum of $44,733.52 of the total balance due and owing to Liberty with the Partnership agreeing to pay the entire balance due and owing to Liberty of which the Partnership has paid $181,639.86 to date. True and correct copies of the payments made by Classic and the Partnership are attached hereto as Exhibit "D" and incorporated herein by reference as though fully set forth at length. 14. To date, the Partnership and Classic have paid Liberty $226,113.38 thereby leaving a balance of $258,590.55 exclusive of any applicable interest, penalties, attorneys' fees and costs. 15. The principal amount claimed by Liberty to be due and owing to it is $258,590.55 together with any applicable interest thereon calculated from August 2, 2013, and costs. 16. This lien is claimed against the Improvement and the Property together with any and all buildings or structures thereon or to be erected or constructed thereon and the curtilage appurtenant thereto situate on Brady Lane and being Lot No. 1 of the Calabrese & Sons, Inc. Preliminary /Final Subdivision/Lot Consolidation Plan, Hamden Township and Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, Tax Parcel No. 10 -22- 0521 -015, as more fully described in a Deed dated October 22, 2008, recorded in the Office of 11408058v] _ 5 _ the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200834936. A true and correct copy of this Deed is attached hereto as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. POST & SCHELL, P.C. John . Dornberger Attorney I.D. #69293 Kenneth W. Lee Attorney I.D. #50016 17 North Second Street 12 Floor Harrisburg, PA 17101 Telephone: (717) 731 -1970 Facsimile: (717) 731 -1085 Email: jdornberger @postschell.com Attorney for Claimant, Liberty Excavators, Inc. Dated: 11408058v1 _ 6 - Commonwealth of Pennsylvania - SS County of Cumberland VERIFICATION BY AFFIDAVIT I, Lester L. Gouffer, being duly sworn according to law, deposes and says that I am Vice President of Liberty Excavators, Inc., Claimant herein, and am authorized to take this Affidavit on its behalf. I further aver that I am familiar with the facts set forth in the foregoing Mechanics' Lien Claim, and that all of the statements contained in the above Claim are true and correct to the best of his knowledge, information and belief. I understand that the statements made herein are made subject to the terms of Title 18 Pa. C.S. § 4904 relating to Unworn Falsifications to Authorities. Lester L. Gouffer, Vice sident Liberty Excavators, Inc. Dated: bw, 16 a '4.012 Sworn to and Subscribed before me this 16 44 day Zec , 20/3 CZ N TAR LI / My Commission Expires: q` t COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kimberly Capuano, Notary Public Lower Allen Twp., Cumberland county t4y commission Expires Sept 14, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 11408058v1 Exhibit A L !I 000NA9 a PREPARED BY: i� Craig I, Adler, Esquire ADLER & ADLER 125 Locust Street Harrisburg, Pennsylvania 17101 1i (717) 234 -3269 1� �I ' RETURN TO: Classic at Admiral's Quay Limited Partnership, a Pennsylvania Limited Partnership I 2151 Linglestown Road Suite 300 Harrisburg, Pennsylvania 17110 G PARCEL NO,: 10 -22 -0521 -015 THIS DEED Made the L day of October, 2008, BETWEEN STRONG HOLDINGS 11, .LLC, a Pennsylvania Limited i Liability Company, Party of the First Part, hereinafter designated as the GRANTOR, AND Ij CLASSIC AT ADMIRAL QUAY LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership, having its office at 2151 Linglestown Road, Harrisburg, Pennsylvania, Party of the Second Part, hereinafter designated as ` the GRANTEE. i i WITNESSETH, that the Grantor for and in consideration of ONE MILLION EIGHT HUNDRED NINETY THOUSAND and 00 /100 ($1,$90,000.00) Dollars, lawful money of the United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto j; th Grantee forever. i . i NO aU i� �i ALL THAT CERTAIN tract of land with improvements thereon erected situate partly in Hampden Township and partly in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described according to the Calabrese & Sons, Inc., Preliminary/Final Subdivision/Lot Consolidation Plan prepared by Penn Terra Engineering, Inc., dated November 16, 2005 and recorded in Cumberland County, Pennsylvania in Plan Book 92, Page 44, as follows: BEGINNING at an iron pin found on the dedicated right -of» »way line of Brandy Lane (50' right -of way) at the northwestern corner of land now or formerly of Mary Frances and Floyd E, Weaver; thence along said land of Weaver and land now or formerly of William L., Jr. and Deborah q S, Shipman, South 50 degrees 34 minutes 52 seconds East, a distance of 244.48 feet to an iron pin found; thence along said land of Shipman, an unopened street, and land now or formerly of Stephen F. & Laura E. Sinkonis, North 39 degrees 35 minutes 08 seconds East, a distance of 435.60 feet to ` an iron pin found; thence along an unopened street, land now or formerly of Roy E. & Carol P. Mason, Bay Street (private), and land now or formerly of Jeffrey T. & Lorraine R. Fleming, North 38 degrees 40 minutes 48 seconds East, a distance of 338.11 feet to a 1/2" pipe found; thence along land now or formerly of the United States of America, South 31 degrees 45 minutes 01 second East, a distance of 1,080.42 feet to a V pipe filled with concrete; thence along same, South 65 degrees 41 minutes 40 seconds West, a distance of 658.31 feet to a 1 "brass marker; thence along same South 65 degrees 27 minutes 00 seconds West, a distance of 73.10 feet to an iron pin found; thence along i New Lot No. 2 as set forth on the above - referenced Plan the following three courses and distances; 1 1) North 24 degrees 27 minutes 41 seconds West, a distance of 490.52 feet to an iron pin found; a 2) North 42 degrees 05 minutes 07 seconds West, a distance of 179.93 feet to an iron pin found; and 3) South 37 degrees 05 minutes 01 second West, a distance of 66.58 feet to an iron pin found; thence along land now or formerly of Michael S, Nailor North 50 degrees 34 minutes 52 seconds West, a distance of 325.26 feet to an iron pin found; thence along said Brandy Lane, North 38 degrees 53 minutes 34 seconds East, a distance of 55.03 feet to an iron pin found, the point and place of BEGINNING. q BEING New Lot No. 1 on the Calabrese & Sons, Inc., Preliminary /Final Subdivision/Lot Consolidation Plan containing 14.953 acres. r BEING THE SAME premises which Calabrese & Sons, Inc., a Pennsylvania Corporation by its deed dated September 5, 2007 and recorded September 7, 2007 in the Office of i' the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No.: 200734998, granted and conveyed unto Strong Holdings II, LLC, a Pennsylvania Limited Liability Company, GRANTOR herein, TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, i. rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with i 7 I 1 f the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described' together with the hereditaments and appurtenances unto the Grantee and to the Grantee's proper use and benefit forever, j 1, e { AND the Grantor covenant that, except as may be herein set forth, it does and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In al l references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or i number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantor has caused these presents to be signed by its proper Members the day and year first above written. j WITNESS: Strong Holdings 11, LLC, a Pennsylvania Limited Liability Company L� By:� l E f f I' i' i; is i r r I . 1 a a COMMONWEALTH OF PENNSYLVANIA, COUNTY OF )SS. BE IT REMEMBERED, t at on (`� �v �- �- , 2008, before me the subscriber personally appeared J , 5 2 c' Manager of Strong Holdings II, LLC, a Pennsylvania Limited Liabi it'y Company who acknowledged himself to be a Manager of Strong Holdings I1, LLC, a Pennsylvania Limited Liability Company and that being authorized to do so executed the foregoing instrument for the purposes therein contained on behalf of the Limited Liability Company. WITNESS my hand and seal the day and year aforedeseribed, i' COMMONWEALTH OF PENNSYLVANIA �� + i NOTARIAL SEAL JODY GOIDRING, Notary Public Nof Publi City of Harrisburg Dauphin Countyy L oemlissioil Exp ires Nov, 03, 2009 I HEREBY CERTIFY that the precise residence of the Grantee is; 2151 Lingle, stown Road. Suite 300 Harrisburg, Pennsylvania 17110 G Attorn ey for Grantor /Grantee k t� I u 'i I' I' i ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY �. I COURTHOUSE SQUARE'' CARLISLE, PA 17013 717 -240 -6370 ° Instrument Number - 200834935 Recorded On 10/24/2008 At 11:17:34 AM *Total Pages - 4 * Instrument Type - DEED Invoice Number - 31103 User ID - JM *Grantor - STRONG HOLDINGS II LLC * Grantee - CLASSIC AT ADMIRALS QUAY L P * Customer - ADLER * FEES STATE TRANSFER TAX $18, 900-00 Certification Page STATE WRIT 'TAX $0.50 STATE JCS /ACCESS TO $10.00 DO NOT DETACH JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS This page is now part PARCEL CER'TIF'ICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $9,450.00 is SCHOOL DISTRICT HAMPDEN TOWNSHIP $9,450.00 TOTAL PAID $37,848.50 r i I Certify this to be recorded i' in Cumberland County PA M,. RECORDER O D' EDS �' y7K0 i " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page, OOONA9 Illli(IIINIIi(IIIII(Iflllli Exhibit B LIBERTY Development Contractor 4402 Gettysburg Road EXCAVATORS, INC. Camp Hill, PA17011 71.7 -761 -8461 Fax: 717 -731 -4634 Proposal Mr. Jim Halbert PROPOSAL SUBMITTED TO: PHONE: 717 - 901 -9311 DATE: April 23, 2013 Classic Communities FAX: 717 - 901 -9317 STREET: JOB NAME: 2151 Linglestown Road, Suite 300 Admiral's Quay CITY, STATE AND ZIP CODE JOB LOCATION Harrisburg, PA 17110 Hampden Township, Cumberland County, PA ENGINEER Penn Terra Engineering, Inc. We hereby submit specifications and estimates for: Admiral's Quay Scope of work for the above referenced project: We propose to furnish all labor, equipment and material necessary to complete the following: See attached Price Proposal Breakdown & Special Provisions Proposal is valid for 95 days from above date. We Propose hereby to furnish material and labor — complete in accordance with the above specifications, for the sum of: One Million Two Hundred Forty -Six Thousand Nine Hundred Seventy -Four Dollars and Forty -Six Cents dollars ($1,246,974.46). Payment to be made as follows: Billings will be on the 15'" and last day of every month with payment due Net 15 days from billing date 1 '/2% per month interest charge will apply on past due Invoices All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon Arikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by me/n"'s� o p ns tion Insurance. Authorized y Signature �— Eslfimator Vice resident Acceptance of Proposal -- The above prices, specifications and conditions are satisfactory and a her Ay accepted. Please prepare a construction contract based on this proposal. t� Signature Date of Acceptance: Signature ORIGINAL — SIGN & RETURN I11itials SPECIAL PROVISIONS Admiral's Quay Upon acceptance, please forward applicable financing information to our office, which can include verification of the funding source or the established line of credit for the project. We have used plans prepared by Penn Terra Engineering, Inc, The drawings are numbered and dated as follows for Admiral's Quay: Sheet # Description Date Revised 1 of 16 Cover Sheet 12/18/08 07/09/09 2 of 16 Record Plan 12/18/08 07/09/09 3 of 16 Existing Conditions and Demolition Plan 12/18/08 07/09/09 4 of 16 Geometry Plan 12/18/08 07/09/09 5 of 16 General . Grading and Stormwater Plan 12/18/08 07/09/09 6 of 16 Grading and Stormwater Plan — North Panel 12/18/08 07/09/09 7 of 16 Grading and Stormwater Plan — South Panel 12/18/08 07/09/09 8 of 16 Utility Plan 12/18/08 07/09/09 9 of 16 Landscaping Plan 12/18/08 07/09/09 10 of 16 Road Profile — Admiral's Quay Drive 12/18/08 07/09/09 11 of 16 Road Profile — Schooner Road and Stormwater Profile for 12/18/08 07/09/09 Inlets B -4 to Out B -1 Sanitary Sewer Cross -Lot Profile 12 of 16 Intersection and Cul -de -sac Enlargements 12/18/08 07/09/09 Existing Manhole PA664 -1 to Proposed Manhole AQ -3 13 of 16 General Construction Details 12/18/08 07109/09 14 of 16 General Stormwater Details 12/18/08 07/09/09 15 of 16 Erosion and Sedimentation Control Plan 12/18/08 07/09/09 16 of 16 Erosion and Sedimentation Control Details and Notes 12/18/08 07/09/09 Scope of Work: 1. Construction stakeout & "red -line" as- builts. 2. Installation & maintenance of erosion & sedimentation controls through substantial completion of Liberty's scope of work. 3. Strip & stockpile topsoil in locations indicated on the above erosion control plans in all disturbed areas. 4. Earthwork per the above erosion control plans. 5. Sanitary sewer system construction per the above plans. 6. Sanitary sewer laterals terminated with a cap and marker stake 10' past the street sidewalk. 7. Storm sewer construction per the above plans. 8. Construction of the rain garden. 9. Water system per the above plans and United Water of PA specifications. 10. Water services extended to 10' past the street sidewalk. 11. Concrete curbing. 12. Stone subbase and paving per the above plans, though, and including, wearing course. 13. Temporary seed and mulch of all disturbed areas. Alternate: 1. Stone trench backfill for water system installation. Add $2,000.00 Exclusions: Any and all items not specifically mentioned in the above Scope of Work are excluded from this proposal. These items include, but are not limited to the following excluded items: 1. Engineering, tapping fees, bonds, permits, inspections and other fees (PennDot, Township, Engineering, Utility, etc.). 2. Benchmarks, property lines, building corners or monuments. Initials 3. Removal and maintenance of erosion control measures or sediment removal from traps after our scope of work is completed. We will no longer be responsible for erosion control once we have demobilized. 4. Stone trench backfill. 5. Work for gas, electric, telephone, cable, and street lighting. 6. Pedestrian paths, sidewalks, concrete flatwork or stone base for same. 7. Pavement markings or street signs. 8. Permanent seeding, landscaping, or plantings outside the rain garden. 9. Underdrain. 10. Roof drain system. 11. Connection of yard drain #1 to roof drain system. 12. Play area. 13. Driveways. 14. Rock excavation. 15. Replacement of topsoil outside matted areas or rain garden. 16. Storm conversion or infiltration trenches. 17. Traffic calming pavement marking system. Pricing Notes, Provisions and Clarifications: 1. Hampden Township requires either stone trench backfill within public street right -of -ways or posting of a 5 year maintenance bond. Alternate pricing for stone trench backfill of the water line in the proposed public portion of Admiral's Quay Drive has been provided. 2. This proposal is based on placement of a full depth concrete curb with paving between, not a partial curb on top of the base course as indicated by the details on Sheet #13 of 16. 3. In addition to the above plans and United Water of PA specifications, water system pricing includes 9 - 8" gate valves for the intersections. This is a common design practice for UWPA, and expect them to be added on the final construction plans. 4. This proposal is based on utilizing the storm inlets and concrete endwall stored on site as of November 2011. This material must be accepted by municipal inspectors. 5. Approximate start date of project: May 2013. 6. Any alteration or deviation from above mentioned drawings will be executed only upon written orders. 7. In areas where the design grade has less than %d' per foot fall, we cannot guarantee that there will not be ponding of water. 8. All asphalt pricing in this proposal is subject to escalation based on Refinery Rack Price for the week of placement. The current liquid asphalt index is $548.00 /ton. 9. If rock excavation is required, the following unit prices will apply: "Ripped Bulk Rock Excavation Time & Materials Blasted Bulk Rock Excavation less than 300 cy Time & Materials Blasted Bulk Rock Excavation over 300 cy $30.00 per cy Ripped Trench Rock Excavation Time & Materials Blasted Trench Rock Excavation less than 300 cy Time & Materials Blasted Trench Rock Excavation over 300 cy $55.00 per cy Rock Excavation with Hoe Ram $225.00 per cy Ripping Frozen Ground Time & Materials *Ripped Bulk Rock Excavation in Shale: Equipment used to Rip Shale and level cut area shall be billed at a Time & Material basis when required to maintain production. 10. Upon substantial completion, LIBERTY EXCAVATORS, INC. will request that the Owner accept all erosion control measures installed in working condition and release LIBERTY EXCAVATORS, INC. from further responsibility as to additional measures or maintenance including removal and pond conversions. At such time, the Owner shall also complete a Notice of Termination form to remove LIBERTY EXCAVATORS, INC. from the NPDES permit. Completion of the binder course will constitute substantial completion. 11. We would like to provide the following unit prices for utility trenching: Gas /Electric Combo Trench with Dust $ 11.50/LF Electric Trench with Dust $ 10.50 /LF Gas Trench with Dust $ 9.50 /LF 4" Conduit $ 2.75/LF Transformer /Junction Box Pad $175.00/EA Initials Exhibit C invoice #: 2769 A PPLICATION AND CERTIFICATE FOR PAYMENT 1 ion to: p�51n�t r A PP Application No.: t,_J Owne To Owner. Classic Communities Corp proiect: 21314 Admirals Quay Architect 2151 Linglestown Road Suite 300 Period To: 6/15/2013 � - 7 Contractor Harrisburg, PA 17110 C� From Contractor. Liberty Excavators, Inc. Yu Architect p Nos: 4402 Gettysburg Road Camp Hilt, PA 17011 Contract Date: the Contract For. knowled APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best o d nt has been completed CONTRACTOR'S AP information, and belief, the work covered by this Application for Payment ent as snows below, in connection with the Contract. in accordance with the Contract Documents - That all amounts have been paid by the Contractor Application is made for paym for Work for which previous Certificates for Payment were issued and payments received from Continuation Sheet is attached. the Owner, and that current payment shown herein is now due. ...... $1,246,974'46 CONTRACTOR: Liberty Excavators, Inc. o Contract Sum . .......... $0.00 2. Net Change By Change Order ...... • .... ' ' $1,246,974.46 Date: � " �(� 3. Contract Sum To Date .. - . - . - - - - - - • - - - - - - - .... -- eI J $5,403.64 By' Gouffer, Jr. resident 4 4- Total Completed and Stored To Date ............. • • ester L. lif/1 County of: 5. Retainage _ State of : day of a 0.00 of Completed Work $0.00 Subscribed and w to be re e this TM OF NSYLVANIA Notary Public: ff / $0.00 My Commission . Aires: , Notarial Seal b. 0.00% of Stored Material thy A. Meloy, Notary Public $0.00 u Total Retainage - - - - • - .....:... - . ...... y Commission Expires May 12, 2014 $5,403.64 ARCHITECT'S CERTIFICATE FOR PAYM � OF NOTARIES 6- Total Earned Less Retainage .. • • - • • • • • - ' In accordance with the Contract Documents, based on comprising the above application, the Architect certifies to the Owner that to the t o e Work has progressed as indicated $0.00 Architect's knowledge, information, and belief, the and the Contractor $5,403.64 the quality of the Work is in accordance with the Contract Documents, 7. Less Previous Certificates For Payments ..... • . • • . . 8. Current Payment Due ...... - - - • - $1 241,570.82 AMOUNT CERTIFIED $ 5,403.64 9 Balance To Finish, Plus Retainage ......... . • ' • ' {Attach explanation if amount certified differs from tfe amount applied. initial all figures on this App lication and on the Continuation Sheet that are changed to conform with the amount certified.) Additions Deductions CHANGE ORDER SI3NIMARY $0 00 ARCHITECT: Total changes approved $0.00 Date: in previous months by Owner $0.00 $0.00 By. Total Approved this Month $0.00 $0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is atrt ayabn� arelwitoho � TOTALS C ontrac t o r named herein. I ssuance , payment, and acceptance of p y Net Changes By Chance Order $ 0.00 prejudice to any rights of the Owner or Contractor under this Contract CONTINUATION SHEET Page 2of2 Application and Certification for Payment, containing Application No.: 1 Contractor's signed certification is attached Application Date: 6/20/2013 In tabulations below, amounts are stated to the nearest dollar. To:. 611512013 Use Column I on Contracts where variable retainage for line items may apply. Architect's Project No.: Invoice # : 27685 Contract: 21314- Admiral's Quay Item Description of Work Scheduled Wnrh- nnm� Mrtrd Materials Total % Balance Retainage No. Value From Previous This Period Presently Completed (G /C) To Finish Application In Place Stored and Stored (C -G) (D+E) To Date Q in D or D-E +F 100 MOBILIZATION 29,860.00 0.001 2,986.00 0.00 2,986.001 10.00 26,874.00 150 GENERAL CONDITIONS 14,114.00 0.00 0.00 0.00 0.00 + 0.00% 14,114.00 175 LAYOUT ;15,780.85 0.00 0.00 0.00 0.00 f 0.00 15,780.85 200 SITE MOWING 2,417.64 0.00 2,417.64 0.00 2,417.64 100.00% 0.00 250 EROSION CONTROL 37 ,431.13 0.00 0.00 0.00 0.00 0.00 37,431.13 300 EARTHWORK 95,137.60 0.00 0.00 0.00 0.00 0.00 95,137.60 400 STORM WATER 150,457.55 0.00 0.00 0-001 0.00 0.00 150,457.55 500 SANITARY SEWER 212,448.92 0.00 0.00 0.00 0.00 0.00 212,448.92 600 WATER SYSTEM 264,974.69 0.00 0.00 0.00 0.00 0.00 264,974.69 800 CURB & PAVING 424,352.08 0.00 0.00 0.00 0.00 0.00 424,352.08 e I 1 I I Grand Totals 1,246,974.46 0.00 5,403.64 0.00 5,403.64 0.43% 1,241,570.82 0.00 I I APPLICATION AND CERTIFICATE FOR PAYMENT Invoice #: 27846 To Owner: Classic Communities Corp Project: 21314- Admirars Quay Application No.: 2 Disttihutio to: 2151 Lingiestown Road Suite 300 Omer C� A Harrisburg, PA 17110 Period To: $/3012013 Contractor From Contractor: Liberty Excavators, Inc. Via Architect: 4402 Gettysburg Road Project Nos: Camp Hill, PA 17011 Contract Date: Contract For: f CONTRACTOR APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information, and belief, the work covered by this Application for Payment has been completed Application is made for payment, as shown below; in connection with the Contract. Continuation Sheet is attached, in accordance with the Contract Documents. That all amount,-, have been aid by the Contractor for Work for which previous Certificates for Payment were issued and p }ments received from the Owner, and that current payment shown herein is now due. 1. Original Contract Sum ....... . .................. $1,246,974.46 CONTRACTOR: L' erty Excavators, Inc. 2. Net Change By Change Order .. $0.00 3. Contract Sum To Date ..:..:.................. • • $1,246,974.46 f 4. Total Completed and Stored To Date ........ , .. . $44,733.52 By: Date:'' Richalcl R. 6ans, President. �. Retainage : a 0.00% of Completed Work State of: /2A C ounty �C j r y f $0.00 Subscribed and s o to befo , me this COMfir1QNWF.c�h�_ b. Y HTI. of Stored Material $0.00 Notary Public: ;? ' real M Commissiorptres: eloy, N ry Public f+" Total 1Zetainage $0.00 tower Atie D., Gum t County Pt Comfit & i Mo iaa 2414 $44,733,52 rte fit, N 6. Total Earned. Less. Retainage ...................... CERTIFICATE FOR PAYMENT z In accordance with the Contract Documents, based on on -site observations and the data 7. Less Previous Certificates For Payments .............. $5,403.64 comprising the above application, the Architect certifies to the Omer that to the jest of the Architect's knowledge, information, and belief, the Work has progressed as indicated, 8. Current Payment Due ..............:............ $39,329.88 the quality of the Work is in accordance with time Contract Documents, and the C ntractor 9. Balance'ro Finish, Plus Retainage $1,202,240.94 AMOUNT CERTIFIED $ 39 ,329.88 (Attach explanation if amount certified ditfers from the amount applied. Initial all figurel on this Application and on the Continuation Sheet that are changed to conform with the amount ce+iified.) C14ANGE ORDER SUMMARY Additions Deductions Total changes approved in previous months by Owner $0.00 50.00 ARCHITECT: Total Approval this Month $0.00 $0.00 By: Date: TOTALS $0.00 $0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payabli only to the Contractor named herein. Issuance, payment, and acceptance of payment are without Net Changes By Change Order $0.00 prejudice to any rights of the Owner or Contractor under this Contract. E CONTINUATION SHEET . Page 2 of 2 Application and Certification for Payment, containing Application No. 2 Contractor's. signed certification is attached. Application Date: 1/312013 In tabulations below, amounts are stated to the nearest dollar. To: 613012013 t Ise Column I on Contracts where variable retainage for tine: items may apply. Architect's Project No., Invoice #: 27846 Contract 21314- Admiral's Quay A ...__._ ...... ... F ............. Item Description of Work Scheduled Wnrk (-,_.1.t.A Materials Total % Balance Retainage No. Value I From Previous This Period Presently Completed (G C) To Finish Application In Place: Stored j and Stored (C-G) (D+E) To Date Not in D or E) 1 (D+E+F) 100 MOBILIZATION 29,860.00 2,986.00 11,944.00 0.001 14,930.001 50,00% 14,930.00 150 GENERAL CONDITIONS 14,114.00 0.00 1,411.:40 0.00, 1,411.401 10.00% 12,702.60 175 LAYOUT 15,780.85 0.00 0.00 I 0.00 0.00 0.00% 15,780.85 200 SITE MOWING 2,417.64 2,417.64 0.00 0.00 2,417.64 100,00% 0.00 250 EROSION CONTROL 37,431.13 0.001 0w00 0.00 0,00 0.00% 37,431.13 300 EARTHWORK .95,137.60 0.00E 4,756.88 0.00 4,756.88 5.00% 90,380.72 400 STORM WATER 150,457.55 0.00i OM 0.00 0.00 0.00%1 150,457.55 500 SANITARY SEWER 212,448,921 0.001 0.00 0.00 0.00 0.00%; 212,448.92 600 WATER SYSTEM 264,974.69 0.00 0.00 0.00 0.00 0.00% 264,974,69 800 CURB & PAVING 424,35108 0.00; 21,217.60 0.00 21,217.601 5.00% 403,134.48 II Grand Totals 1,246,974.46 5,403.64 39,329.88 0.00 44,733.52 3.59% 1,202,240.94 0.00 I APPLICATION AND CERTIFICATE FOR PAYMENT Invoice #: 28061 To Owner: Classic Communities Corp Protect: 21314 Admirals Quay Application No.: 3 Risi[ihlttion to: i I Owner 2151 Lingiestown Road Suite 300 C=- Architect Harrisburg, PA 17110 Period To: 7/31/2013 ['1 Contractor D From Contractor: Liberty Excavators, Inc. Via Architect: 4402 Gettysburg Road Project Nos: Camp Hill, PA 17011 Contract Date: Contract For: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information, and belief, the work covered by this Application for Payment has been completed Application is made for payment, as shown below, in connection with the Contract. in accordance with the Contract Documents. That all amounts have been paid by the Contractor Continuation sheet is attached. 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 .......................... $1,281,739.46 ' ert Excavators, Inc. CONTRACTOR: --• Y 2. Net Change By Change Order .................... $0.00 3. Contract Sum To Date $1,281,739.46 d To Date ............... 4. Total Completed and Store $119,604.28 By: Date: 7 t, <r Richard ..Evans, President 5. Retainage County of: State of �,tinn�p ! a 0.00% of Completed Work MONWi N 1�A $0.00 Subscribed and s bef rem is ` oZ b. 0.00% of Stored Material $0.00 Notary Public: NO ARIL L My Commission expires: r rusqueliiiiinna dolyn Sue Armstrong, Notary Public $0 00 Township, auphin County Total Retainage Commission ites A . 29 2014 $119,604.28 ARCHITECT'S CERTIFICATE FOR PAYMENT 6. Total Earned Less Retainage ..................... In accordance with the Contract Documents, based on on -site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the 7. Less Previous Certificates For Payments ............ $44,733.52 Architect's knowledge, information, and belief, the Work has progressed as indicated, 8. Current Payment Due ........................... $74,870.76 the quality of the Work is in accordance with the Contract Documents and the Contractor 9. Balance To Finish, Plus Retainage ................. $1,162,135.18 AMOUNT CERTIFIED $ 74,870.76 (Att ach explanation if amount certified differs from the amount applied. initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) CHANGE ORDER SUMMARY ddition Deductions Total changes approved $0.00 $0.00 ARCHITECT: in previous months by Owner Date: Total Approved this Month $0.00 $0.00 B $0.00 $0,00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the TOTALS Contractor named herein. Issuance, payment, and acceptance of payment are without i Net Changes By Change Order $0.00. prejudice to any rights of the Owner or Contractor under this Contract. I CONTINUATION SHEET Page 2 of 2 Application and Certification for Payment, containing Application No.: 3 Contractor's signed certification is attached. Application Date • 7/24/2013 In tabulations below, amounts are stated to the nearest dollar. To 713112013 Use Column I on Contracts where variable retainage for line items may apply. Architect's Project No.: Invoice # : 28061 Contract: 21314- Admiral's Quay Item Description of Work Scheduled Work Cm M P IPted Materials Total % Balance Retainage No. Value From Previous This Period Presently Completed (G / C) To Finish Application In Place Stored and Stored (C-G) (D+E) To Date of in D or E D+E +F 100 MOBILIZATION 29,860.00 14,930.00 10,451.00 0.00 25,381.00 85.00% 4,479.00 150 GENERAL CONDITIONS 14,114.00 1,411.40 1,411.40 0.00 2,822.80 20.00% 11,291.20 175 LAYOUT 15,780.85 0.00 4,734.26 0.00 4,734.26 30.00% 11,046.59 200 SITE MOWING 2,417.64 2,417.64 0.00 0.00 2,417.64 100.00% 0.00 250 EROSION CONTROL 37,431.13 0.00 11,229.34 0.00 11,229.34 30.00% 26,201.79 300 EARTHWORK 95,137.60 4,756.88 4,756.88 0.00 9,513.76 10.00 85,623.84 400 STORM WATER 150,457.55 0.00 7,522.88 0.00 7,522.88 5.00 142,934.67 500 SANITARYSEWER 212,448.92 0.00 0.00 0.00 0.00 0.00% 212,448.92 600 WATER SYSTEM 264,974.69 0.00 0.00 0.00 0.00 0.00% 264,974.69 800 CURB & PAVING 424,352.08 21,217.60 0.00 0.00 21,217.60 5.00% 403,134.48 901 Rock Drilling & Blasting 34,765.00 0.00 34,765.00 0.00 34,765.00 100.00% 0.00 i i I i I i I I i I i i Grand Totals 1,281,739.46 44,733.52 74,870.76 0.00 119,604.28 9.33% 1,162,135.18 0.00 Customer Name /Address c5 V " tcA a. UC * Setting Earth Shattering y ,!I'��c��a►�t+rSb�i� �-c Job # 10 09wy� � Date 7 " 1 ;;� - CUSTOMER ACCEPTANCE REPORT Open Rock CY/ LF / SF Trench Rock 9,70 CY 4 LF) Pre -split Rock LF / SF / SY Probing Time HR Other: Other: Other: Other: Other Other: Other: Other: Other: Lump Sum LS Acceptance of above listed quantities. MD Drilling & Blasting, Inca Customer Signature Comments: t& L:We 1 '4''eOC_ . Iq a 1 -(o A 62 PY A i i -_'A&% tt S` W V, te r / • Y X j k r X SX ` 07 = Al Yq, x s " 6 °' MD Drilling & Blasting, Inc. Divisional Offices: 88 Gold Ledge Ave, Suite 2 New Hampshire (603) 647 -5863 Auburn, NH 03032 Massachusetis/Rhode Island (978) 489 -2983 Connecticut (9k0) 242 -5993 MDDB011 (6/06) Customer Name /Address G g , M & r r Cc, Setting Earth Shattering Standards Job # Date 7- ! ' VA CUSTOMER ACCEPTANCE REPORT Open Rock CY/ LF / SF Trench Rock CY / LF Pre -split Rock LF / SF / SY Probing Time �,=,` HR 7' Other: Aa^k,ta ,A4 ib Other: Other: Other: Other: Other: Other: Other: Other: Lump Sum LS Acceptance of above listed quantities. 4 4 , MD Drilling & Blasting, Inc. Customer Signature �. Comments: , i,_ L; ne- 7T-eii q Voo� �aQ 10 tO lqQ3 9 ' LVIrq X 6 � US X 45S ��,��, jj q x 5 k �. �g g `f J 1�n4 33 � 3 n x '6 LO k s -s "ti► 33 X b x s.s��'� 33 7" ( G S MD Drilling & Blasting, Inc. Divisional Offices:. /'/" r �� 88 Gold Ledge Ave, Suite 2 New Hampshire (6Q) 647 7 5863 �yJ Auburn, NH 03032 Massachusetts*hode Island (978) 689 -2983 Connecticut (860) 242 -5993 X01 f MDDB011 (8 /06) APPLICATION AND CERTIFICATE FOR PAYMENT Invoice #: 28408 To Owner: Classic Communities Corp Proiect: 21314 Admirars Quay Application No.: 4 Risirihption to: 2151 Linglestown Road Suite 300 (_� Owner Harrisburg, PA 17110 Architect Period To: 8/31/2013 Contractor From Contractor: Liberty Excavators, Inc. Via Architect: 4402 Gettysburg Road Project Nos: Camp Hill, PA 17011 Contract For: Contract Date: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge. information and belief. the work covered by this Application for Payment has. been completed Application is made for payment, as shown below- in connection with the Contract. Continuation Sheet 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. L Original Contract Sum $1,246,974.46 COti T RACTOR: Liberty Excavators, Inc. 2. Net Change By Change Order .................... $269,934.00 3. Contract Sum To Date .......................... $1,516,908.46 W _ 4. Total Completed and Stored To Date ............... $484,703.93 By: / :"" — Date: r hard k Evans, President 5. Retainage : a. 0.00% of Completed. Work State of: / Counn of: $0.00 Subscribed and sw rtt to befog me this s day of b. 0.00% of Stored Material $0.00 Notary Notarial Public: r COMMON EAl O ENN Y VANIA My Total Retainage $0.00 Commission e ties: ,, Cathy A. Melay Notary Pub tc ( t 6. Total Earned. Less R.etainage ............ $484,703.93 ARCHITECT'S CERTIFICATE FOR PAYMENT My Commission Expires May 12, 2014 MEMBER, FEN SYL•VANIA ASSOCIATION OF NOTARIES In accordance with the Contract Documents, based on on -site obsen•anons and the data '. L ess Previous Certificates For Payments ............. $119.604.28 comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information, and belief- the Work has progressed as indicated, S. Current Payment Due ........................... $365,099.65 the quality of the Work is in accordance with the Contract Documents_ and the Contractor 9. Balance To Finish Plus Retainage ................. $1,032,204.53 AMOUNT CERTIFIED $ 365,099.65 (Attach explanation if amount certified differs from the amount applied. initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) CHANGE ORDER SUMMARY Additions Deductions Total changes approved in previous months by Owner $34,765.00 $0.00 ARCHITECT: Total App roved this Month $235,169.00 $0.00 By: Date: TOTALS $269,934.00 $0 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment. and acceptance of payment are without Net Changes By Change Order $269 ,934.00 prejudice to any rights of the Owner or Contractor under this Contract. CONTINUA SHEET Page 2of2 Application and Certification for Payment, containing Application No.: 4 Contractor's signed certification is attached. Application Date: 8/23/2013 In tabulations bclo%k% amounts are stated to the nearest dollar. To: 8/31/2013 Use Column I on Contracts where variable retainage for line items may apply. Architect's Project No.: Invoice # : 28408 Contract: 21314- Admiral's Quay e j D >: >: ' G ! H i r Item Description of Work j Scheduled I Wnrk Cn Materials Total 1 % 1 Balance ! Retainage No. j Value From Previous This Period Presently Completed ! (G / C) To Finish Application I In Place Stored and Stored j (C -G) i ! (D +E) j 1 i To Date i ! I ! Not in D or E I D +E +F ! ! r i 100 MOBILIZATION 1 29,860.001 25,381.00 1,493.00 0.00 26,874-001 90.00%1 2,986.00 1 150 GENERAL CONDITIONS 14,114.001 2,822.80 4,234.20 0.00 7,057.00 I 50.00%1 7,057.00 175 LAYOUT j 15,780.851 4,734.261 6,312.341 0.001 11,046.601 70.00 %! 4,734.25E 1 200 SITE MOWING 1 2,417.641 2,417.64 0.00 0.00 , 2417.641 100.00% 0.00 j 250 EROSION CONTROL 37,431.13 11,229.34: 7,486.22 ! 0.001 18,715.56 1 50.00%1 18,715.57 300 EARTHWORK 95,137.60, 9,513.761 9,513.76 I 0.001 19,027.52 20.00%1 76,110.081 400 STORM WATER 1 150,457.551 7,522.88! 0.00 i 13,941.10 21,463.98 ' 14.27% 1 128,993.57 1 500 SANITARYSEWER ' 212,448.921 0.001 26,497-471 60,452.561 86,950.03 40.93%1 125,498.89 600 WATER SYSTEM 264,974.69' u -uul 0.001 0.00 ! 0.00 ; 0.00% 1 264 ! 1 800 CURB & PAVING 1 424,352.08 21,217.60! 0.00 1 0.001 21,217.601 5.00%. 403,134.48 901 Rock Drilling Blasting 1 250,310.00 I 34,765.00; 215,545.00 ! 0.001 250,310.00 ! 100.00% j 0.00 ! ! 902 Stock Pile Blasting 19,624.00 t 0.001 19,624.00 0.001 19,624.001 100.00% 1 0.00 ! ! 1 ! j i I I 1 I ! 1 ! ! I Grand Totals 1,516,908.461 119,604.28 290,705.99 74,393.66 484,703.931 31.95% 1,032,204.53 0.00 Job Name: Admiral's Quay Job # 21314 Item: .Drilled & Hammered Trench Rock Date Description UM CY Drilled Drilled /CY CY Hammered Hammered /CY Total Price Date Billed 7/9/2013 Storm Pipe B2.1 to B3` Ticket 7467 CY: $ 55.00 13 $ 225.00: $. .2,925.00 7/1,5720.13 7/10/201'3 Storm Pipe B21'to <B3`Tieket:17468 CY $' . 55.00 9: $ 225:00 '$ .2025.00 7/15/2013 7/1112013 S torm Pipe B3 to. 64 Tieket:17469 CY $ 55.00 1 $ '225:00 $` 225.00 7/15/2013 7/11/2013 AQ10 to A03/ Laterals 6 tol1 CY 281 $ 55.00 $ 225.00 $ 15,455.00 7/15/2013 7/12/2013 A01 to AQ14 /Laterals 1 to 5 CY 257 $ 55.00 $ 225.00 $ 14,135.00 7/15/2013 7/16/2013 81 L Trench /189LF Laterals CY 250 $ 55.00 $ 225.00 $ 13,750.00 8/25/2013 7/18/2013 190Lf Trench/ 120LF Lateral /AQ5 CY 197 $ 55.00 $ 225.00 $ 10,835.00 8/25/2013 7/19/2013 AQ5 to AQ6 180LF /90LF Lat. CY 400 $ 55.00 $ 225.00 $ 22,000.00 8/25/2013 7/23/2013 Laterals 324LF CY 540 $ 55.00 $ 225.00 $ 29,700.00 8/25/2013 7/25/2013 468LF Trench/ A01 1&14/ 138LF Lat. CY 1079 $ 55.00 $ 225.00 $ 59,345.00 8/25/2013 7/29/2013 1825LF Trench /AQ12/167LF Lat. CY 488 $ 55.00 $ 225.00 $ 26,840.00 8/25/2013 7/30/2013 166LF Trench /AQ13 /182LF Lat. CY 500 $ 55.00 $ 225.00 $ 27,500.00 8/25/2013 8/2/2013 112LF Trench /226LF Lateral CY 465 $ 55.00 $ 225.00 $ 25,575.00 8/25/2013 CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - CY $ 55.00 $ 225.00 $ - Total 4,457 23 $ 250,310.00 i Customer Name/Address Di Setting Earth Shattering Standards zo, e b J # //9"0 Date CUSTOMER ACCEPTANCE REPORT Open Rock CY/ LF / SF Trench Rock CY Pre-split Rock LF/SF/SY Probing Time HR Other: Other: Other: Other: Other: Other: Other: Other: Other: Lump Sum LS Acceptance of ab ve listed quantities. IVID Drilling & Blasting, Inc. " Signature Comments: 4*J MD Millin & Blastin Inc. Divisional Offices: 88 Gold Led Ave, Suite 2 New Hampshire (603) 647-5863 Auburn, NI-I 03032 Mass achi i setfVR hode Island (979) 689-2983 Connecticut (860) 242-5993 MDDB011 (8/06) Customer Name /Address p w R (� , : u �� Lj Setting Earth Shattering Standards —__ Job# Date CUSTOMER ACCEPTANCE REPORT Open Rock CY/ LF / SF Trench Rock f q0 Cy A0 Pre -split Rock LF / SF / SY Probing Time HR Other: Other: Other: Other: Other. Other: Other: Other: Other: Lump Sum LS Acceptance of above listed quantities. S� MD Drilling & Blasting, Inc. Customer Signature Comments: t I JLrS l�w� i J fJJ ck r�0 '!, c� MD Drilling & Blasting, Inc. Divisional Offices: 88 Gold Ledge Ave, Suite 2 New Hampshire (603) 647 -5863 Auburn, NE 03032 Massachusetts/Rbode .island (978) 689 -2983 Connecticut (860) 242 -5993 MDDB011 (8/06) Customer Name /Address Adne it ® . g L1.10 �� I&Blasting Job Date CUSTOMER ACCEPTANCE REPORT Open Rock �� CY/ LF / SF Trench Rock 2, CY Pre -split Rock LF / SF / SY Probing Time c HR Other: Other: Other: Other: Other: Other: Other: Other: Other: Lump Sum LS Acceptance of above listed quantities. , 7 Maine Drilling & Blasting, Inc. Customer Signature Comments: AAJC �l5a C , .Maine Drilling & Blastuig, Inc. Divisional Offices: P.O. Box 1140 - Bnmswick Road Maine (207) 582- 2338 Gardiner, MB 04345 New Hampshire (603) 647 -0299 New York (518) 632 -9170 Vermont (802) 479 -3341 MDB011 (1/09) Customer Name /Address D�r�;Wl�gc� 1, i ,t11 ��.� �� . 11- Setting Earth Sheltering Standards Job # ._[.�- " `_� ?�� Date CUSTOMER ACCEPTANCE REPORT Open Rock _ CY/ LF / SF Trench Rock _,!--� CY Pre -split Rock LF / SF / SY Probing Time -� — HR Other: Other: Other: Other: Other: Other: _ Other: Other: Other: Lump Sum LS Ac eptance of above listed quantities. MD Drilling & Blasting, Inc. Customer Signature Comments: _133,33 MD Drilling & Blasting, Inc. Divisional Offices: 88 Gold Ledge Ave, Suite 2 New Hampshire (603) 647 -5863 Auburn, .NH 03032 Massachusetts /Rhode Island (978) 689 -2983 Connecticut (860) 242 -•5993 MDDB011 (8/06) ustomer Name /Address Ih�7lingc� C.t / ^ ( L- / Settlno Earth ShAnerinu Standards Job # Date CUSTOMER ACCEPTANCE REPORT Open Rock CY/ LF / SF Trench Rock CY LF Pre -split Rock LF / SF / SY Probing Time _ _ _ HR Other: Al 1A " Other: — Other: Other: Other: Other: Other: Other: Other: Lump Sum LS Acceptance_ of above listed quantities. /J MD Drilling & Blasting, Inc. Customer Signature Comments: McAJ T k'1^ 11, R cry tom_ cL 4 Y4 1 3 -Z.? l ,4lA f,5 - Co ' . -}V u I b S (e 1c, ,r - 34 Y.5 Y MD Drilling & Blasting, Inc. Divisional Offices: 88 Gold Ledge Ave, Suite 2 New Hampshire (603) 647 - 5863 Auburn, NH 03032 Massachusetts /Rhode Island (978) 689 -2983 Connecticut (860) 242 -5993 MDD13011 (8106) Customer Name /Address Sett;ng Earth Shattering Standards Job # 6 0 , 2 Date CUSTOMER ACCEPTANCE REPORT Open Rock CY/ LF / SF Trench Rock CY LF Pre -split Rock LF / SF / SY Probing Time la _ HR Other: m o-ri 80(E A41 / a f__ E, , q C� Other: Other: Other: Other: Other: Other: Other: Other: Lump Sum -- LS Acceptance of above listed quantities. MD Drilling & Blasting, Inc. Customer Signature Comments: Y,`_. _ "�_� -�` i d s MI) Drilling & Blasting, Inc. Divisional Offices; 88 Gold Ledge Ave, Suite 2 New Hampshire (603) 647 -5863 Auburn, .NIT 03032 Massachusetts/Rhode Island (978) 689 -2983 Connecticut (860) 242 5993 MDDB011 (8/08) Customer Name /Address P , R P, 1 5- _ (1� Setting Earth Shattering Standards Y l l�1'� l 1 �J � �i4. _ Job #IL Date __ 30 -- 1.3 CUSTOMER ACCEPTANCE REPORT Open Rock CY/ LF / SF Trench Rock CYO Pre -split Rock LF / SF / SY Probing Time r HR Other: Other: Other: Other: Other: Other: Other: Other: Other: Lump Sum LS Ac c of ' a listed quantities. MD Drilling & Blasting, Inc. Customer Signature Comments /- 14 l'` 6 r(pV I ° - yd /// / �r �/.� �(� � c. -sir ` (v L74 � f ` J� i' l-'F� l _ 4 !rr` 2, L ._ R I.S " 3 MD Drilling & Blasting, Inc. Divisional Offices: 88 Gold Ledge Ave, Suite 2 New Hampshire (603) 647 -5863 Auburn, NH 03032 Massachusetts /Rhode Island (978) 689 -2983 Connecticut (860) 242 -5993 MDDB011 (8/06) Customer Name /Address D►� Seitinp. Earth Shattering Standards Job # 1 12q —O –a Date 13 -- CUSTOMER ACCEPTANCE REPORT Open Rock _ _— CY/ LF / SF Trench Rock CY Pre -split Rock LF / SF / SY Probing Time HR Other:._ Other: Other: Other: Other: Other: Other: Other: Other: Lump Sum LS Acceptance of above listed quantities. . MD Drilling & Blasting, Inc. Customer Signature / Comments: C Al =` MD Drilling & Blasting, Inc. Divisional Offices: T© 88 Gold Ledge Ave, Suite 2 New Hampshire (603) 647 -5863 Auburn, NII 03032 Kmachusetts/Rhode Island (978) 689 -2983 7 �.{ C011neCOCUI, (860) 242 -5993 V � / s- MDD8011 (8106) Exhibit D LIBERTY EXCAVATORS, INC. 4402 Gettysburg; Road Caitup Hill, PA 17011 (717) 761 -8461 Fax: (717) 731 -4634 STATEMENT OF ACCOUNT CLASSIC COMMUNITIES CORPORATION 2151 LINGLESTOWN RAOD SUITE 300 HARRISBURG, PA 17110 Transaction Statement Date Description Invoice # Amount Balance 06/20/13 JB App #1 27685 5,403.64 5,403.64 07/03/13 JB App #2 27846 39,329.88 44,733.52 07/30/13 JB App #3 28061 74,870.76 119,604.28 08/19/13 Pymt (5,403.64) 114,200.64 08/23/13 JB App #4 28408 365,099.65 479,300.29 09/16/13 Pymt Ck #35164 (39,329.88) 439,970.41 10/24/13 Int 29128 11,157.00 451,127.41 11/11/13 Pymt Ck #213 (36,379.86) (1) 414,747.55 11/18/13 Pymt Ck #214 (25,000.00) 389,747.55 11/21/13 Pymt Ck #215 (120,000.00) 269,747.55 11/24/13 Int 29633 6,425.00 276,172.55 (1) Total check amount was $50,000, applied $13,620.14 of this payment against open Invoice #28243, Swale repair at Townes at Hershey MEo BANK 34911 F21 SIC COMMUNITIES CORPORATION P.O. Box 4s� NGLESTOWN RD -SUITE 304 HARRISBURG, PA 17111 BURG, PA 17110 6018M313 -9311 R 08!15/2013 $ *5,403.64 C pAYTO THE o ORDER OFFIVE THOUSAND FOUR HUNDRED THREE AND 64 /100 DOLLARS DOLLARS i V V VOID AMR 90 DAYS Liberty Excavators, INC 4402 Gettysburg Rd Camphill PA 17011 MEMO N AUTHORIZED SICNA'URE II ■0349 I llin x:03 5L 00 2 ?8 ? . Y G C(9MMCiN17`I,ES CORPORATION ; Sao gaNK 35'164. 21.51 LINGL�$T6W f-0 SURE 300': P 8QX 4999 HARRISOURG PA.17111 HARRISBURG RA 17190 - BU184/31a =`. *39 3 ; 09/16/2013 $ 29 $$. ORDER OF I4IR-- I�lE THUUSAND 7HR�E HUNDRED TWENTY NINE AN 881100 S DOLLARS I iJ ertyExc�vators It�C voiD t�9oDars 4402 Gettysburg 3 ' Gamphjli PA 1'011 . �. f� MEMO 5 1 r AOTHWRIZEO SIGMA ?UBE. II�035:1 %i:03130Bti;6l: 5} aD.;�785 7n' CLASSIC; �T A{l1Vi1RAL'.S QUAY, ICP :` GF]AVSa`ON� BANK � � LINGLESTOWN RD ; 6Q 189(?J'313 SUITE 300 . +igRR15BURG, PA'17110 ' A ll 112G13 *0 ,000 00 ow PAt�. TO TH XACTLY FIFTY THQU$AND DOLLAf2S: QRDER qF : p r "DOLLARS F, LIBERTY EXCAVATORS, 4402 GETTYS ":BYRG BOAC? : : N bID AFTE�i 90 DAYS CAMP HILL PA17011.:' MEMO ` i AU7FiOR12E0• RE,: Iron n i ; r �. GIFIA STONEt3ANK 2-.4 CLASSIC AT ADMIRAL'S GIUi�Y, LP t 2151 LIN..G1E$TOINIV.RD M. 1890/313 ' SUITE 3013 .: H1IRRIS9URG PA'17.1 3 1.1/181201.3 $ .. *25,000.00 PAY: M. V - M. CTLY TWENTY -F.N)= T�IOUSAND DOLLARS ORDER OF.:: DO L' - LLAR S 0 ME RTY 5.kAVATORS, INC. :402 GETTISBYRG.ROAD :. voi� AF3ER 90 DAYS 4 CAMP .HILL PA:1701.� ., : MEMO .. ,. .. ; • , ' , AlJfH091Z ED.3tONA}URE.. i OQ1�,ii' �031318907I 18100. ' i CLASSIC: AT ADMItAL'$'QUAY, LP q ae►r4 sRN K 21.51 ME5T01NN RD; HARRISBURG PA.1711U 11!21!2013 $: ".120;000;00 pAV;TO TFdXACTtY :ONE HUN DRFO. TINEMTI' THOUSAN[? DOLL -. OfiUER OF . DOLLARS LIBERTY EXCAVATORS INC wo�oAReoflAYs 4:402 G TTYS.SYRG .D . CAMP HILL PA.17Q11 ME(iAO ' APT' tL Nn i tJRt . OFtfZEDS n�O0C1`2 iii• ; 4Q 3 3- $.90.71 F. { I 1 I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION • Liberty Excavators, Inc. 4402 Gettysburg Road . No.: 13-7489 MLD Camp Hill, Pennsylvania 17011, • • Claimant, . AFFIDAVIT OF SERVICE UPON • OWNERS OR REPUTED OWNERS • v. Classic At Admiral's Quay Limited Partnership • , r 2151 Linglestown Road, Suite 300 • Harrisburg, Pennsylvania 17110 !�r • And • Classic Communities Corporation • 2151 Linglestown Road, Suite 300 • aid- Harrisburg, Pennsylvania 17110, • • Owners or Reputed Owners. : Filed on behalf of: LIBERTY EXCAVATORS, INC. • • I hereby certify that the within described real Counsel of Records for This Party: • estate is located in the Borough of • Mechanicsburg, Cumberland County, . POST & SCHELL, P.C. • Pennsylvania, and designated as Parcel Identification Number 10-22-0521-015, by the • John W. Dornberger Recorder of Deeds of Cumberland County, Attorney I.D. #69293 • Pen lvania —"� • 17 North Second Street t 12th Floor John W. ornberger • Harrisburg, PA 17101-1601 • Telephone: 717-731-1970 • Facsimile: 717-731-1985 • Email: jdornberger @postschell.com • • • • 11501696v1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Liberty Excavators, Inc. . 4402 Gettysburg Road . Camp Hill, Pennsylvania 17011, : Claimant, : v. : No. 13-7489 MLD • Classic At Admiral's Quay Limited Partnership : 2151 Linglestown Road, Suite 300 : Harrisburg, Pennsylvania 17110 : • And : Classic Communities Corporation : 2151 Linglestown Road, Suite 300 : Harrisburg, Pennsylvania 17110, : Owners or Reputed Owners. : AFFIDAVIT OF SERVICE UPON OWNERS OR REPUTED OWNERS Before me, a notary public, personally appeared John W. Dornberger, Esquire, who being duly sworn according to law, deposes and states as follows: 1. He is a member in good standing of the Bar of the Supreme Court of Pennsylvania; 2. On January 2, 2014, he caused the Owner or Reputed Owners, Classic At Admiral's Quay Limited Partnership, to be served with (a) the Notice of Filing of the Statement of Mechanics' Lien Claim; and (b) a time-stamped copy of the Statement of Mechanics' Lien Claim via the Sheriff of Dauphin County or his Deputy, W. Conway, by handing those documents to Gale Haines at 2151 Linglestown Road, Suite 300, Harrisburg, PA 17110. A true and correct copy of the Sheriff's Return with respect to service of the Notice of Filing of the Statement of Mechanics' Lien Claim and the 11501696v1 Statement of Mechanics' Lien Claim on Classic At Admiral's Quay Limited Partnership is attached hereto as Exhibit"A;" 3. On January 2, 2014, he caused the Owner or Reputed Owners Classic Communities Corporation to be served with (a) the Notice of Filing of the Statement of Mechanics' Lien Claim; and (b) a time-stamped copy of the Statement of Mechanics' Lien Claim via the Sheriff of Dauphin County or his Deputy, W. Conway, by handing those documents to Gail Haines at 2151 Linglestown Road, Suite 300, Harrisburg, PA 17110. A true and correct copy of the Sheriff's Return with respect to service of the Notice of Filing of the Statement of Mechanics' Lien Claim and the Statement of Mechanics' Lien Claim on Classic Communities Corporation is attached hereto as Exhibit"B;" John W. II ornberger, Esquire Sworn to . d subscribed before me thi , day of I , 2014. r / Not ry 'ublic COMMONWEALTH OF PENNSYLVANIA Notarial seal Denise L Huber,Notary Public City of Hanisburg,Dauphin County My Com nissior►Expires Aug. 10,2017 $Et4BEi.VEMISYtVA*A ASSOaArioa OF NOTARIES 2 11501696v1 • • Jan. 6. 2014 3:45PM Dauphin County Sheriff No, 5023 P. 2 � rat, .rt, Shelley Ruhl Jack Duign an Real st 1e Deputy ChicfDcp ty 1 • • Vi � / _Matthew L. Owens a - Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Skeet Harrisburg,PcnnSylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LIBERTY EXCAVATORS, INC. VS County of Dauphin • CLASSIC AT ADMIRAL'S QUAY LIMITED PARTNERSHIP Sheriff's Return No. 2013-T-3321 OTHER COUNTY NO. 2013-7489 And now: JANUARY 2, 2014 at 3:00:00 PM served the within MECHANICS LIEN CLAIM upon CLASSIC AT ADMIRAL'S QUAY LIMITED PARTNERSHIP by personally handing to GALE HAINES * 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 2151 LINGLESTOWN ROAD, SUITE 300 HARRISBURG PA 17110 * RECEPTIONIST So Answers, ,dittas„, Sheriff of 11 . ,v. C. ;�;. By -. Deputy Sheriff Deputy: W CONWAY Sheriffs Costs; $66.5 12/31/2013 �....--- s i i 1 f 1 __..__— Jan. 6. 2014 3:46PM Dauphin County Sheriff No. 5023 P. 3 (c). is, of 4 Shelley Ruhl 4,1' ? , Jack Duignan Real Estee Deputy 1.0 Deputy Matthew L• Owens y `.�.• ����� 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 LIBERTY EXCAVATORS, INC. VS County of Dauphin CLASSIC AT ADMIRAL'S QUAY LIMITED PARTNERSHIP Sheriffs Return No. 2013-T-3321 OTHER COUNTY NO. 2013-7489 And now: JANUARY 2,2014 at 3:00:00 PM served the within MECHANICS LIEN CLAIM upon CLASSIC COMMUNITIES CORPORATION by personally handing to GALE HAINES * 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 2151 LINGLESTOWN ROAD, SUITE 300 HARRISBURG PA 17110 * RECEPTIONIST So Answers, PAL Sheriff of P. ►•• C 'a. By f ' i De..qty Sheriff Deputy: W CONWAY Sheriffs Costs: $66.5 12/31/2013 CERTIFICATE OF SERVICE I, John W. Dornberger, Esquire, for the law firm of Post & Schell, P.C., attorneys for Liberty Excavators, Inc., hereby certify that I have this day served the foregoing Affidavit of Service upon Owners or Reputed Owners, by depositing a true and correct copy of the same in the United States Mail, First-Class, postage prepaid at Harrisburg, Pennsylvania addressed as follows: Classic At Admiral's Quay Limited Partnership 2151 Linglestown Road, Suite 300 Harrisburg, Pennsylvania 17110 Classic Communities Corporation 2151 Linglestown Road, Suite 300 Harrisburg, Pennsylvania 17110 ,! Dated: / a.°( c' John W. Dornberger 3 11501696v1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY, Ronny R Anderson Sheriff ka tf t ¢ra�afi � ' Jody S Smith Chief Deputy , ILI i , Richard W Stewart Solicitor � Liberty Excavators Inc. Case Number vs. Classic at Admirals's Quay Limited Parntership (et al.) 2013-7489 SHERIFF'S RETURN OF SERVICE 12/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Classic Communities Corporation, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Mechanics Lien Claim according to law. 12/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Classic at Admirals's Quay Limited Parntership, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Mechanics Lien Claim according to law. 01/02/2014 03:00 PM -The requested Mechanics Lien Claim served by the Sheriff of Dauphin County upon Gale Haines, Receptionist, who accepted for Classic at Admirals's Quay Limited Parntership, at 2151 Linglestown Road, Suite 300, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 01/02/2014 03:00 PM -The requested Mechanics Lien Claim served by the Sheriff of Dauphin County upon Gale Haines, Receptionist,who accepted for Classic Communities Corporation, at 2151 Linglestown Road, Suite 300, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.46 SO ANS�S? January 07, 2014 ROPV R ANDERSON, SHERIFF NOTAI SEAL CLAUDIA A. BREW&#M,NOTARY PUBLIC Carlisle Boro,Cumberland County My Commissio IXPIOs April 4,2017 ------- . .------ NOTARY Affirmed and subscribed to before me this / day of ` Shelleyy Ruhl Jack Duignan Real EstaTe Deputy " Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,PennsyIvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LIBERTY EXCAVATORS, INC. VS County of Dauphin CLASSIC AT ADMIRAL'S QUAY LIMITED PARTNERSHIP Sheriff s Return No. 2013-T-3321 OTHER COUNTY NO. 2013-7489 And now: JANUARY 2, 2014 at 3:00:00 PM served the within MECHANICS LIEN CLAIM upon CLASSIC COMMUNITIES CORPORATION by personally handing to GALE HAINES * 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 2151 LINGLESTOWN ROAD, SUITE 300 HARRISBURG PA 17110 * RECEPTIONIST So Annsswers, ! CpMMONWEAITH OF PENNMAN1A Sheriff of D phin Co , NOTARIAL DER blic By i CITY OF H DAUPHIN CNTY My Comes Feb 3.2014 D ty heriff Deputy: W CONWAY Sheriffs Costs: $66.5 12/31/2013 ' r Shelle Ruhl Jack Duignan Real Esta e Deputy Chief Deputy 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 LIBERTY EXCAVATORS, INC. VS County of Dauphin CLASSIC AT ADMIRAL'S QUAY LIMITED PARTNERSHIP Sheriff s Return No. 2013-T-3321 OTHER COUNTY NO. 2013-7489 And now: JANUARY 2, 2014 at 3:00:00 PM served the within MECHANICS LIEN CLAIM upon CLASSIC AT ADMIRAL'S QUAY LIMITED PARTNERSHIP by personally handing to GALE HAINES * 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 2151 LINGLESTOWN ROAD, SUITE 300 HARRISBURG PA 17110 * RECEPTIONIST So Answers, COMWMKAL71i OF PENNSYLVANIA NOTARIAL SEAL Sheriff of n C a. TEAR LAVENDER Notary Public B CM COommsRl�s9Ezp;DAUPHIN.2014 y D puty Sheriff �t Deputy: W CONWAY f Sheriffs Costs: $66.5 12/31/2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Liberty Excavators, Inc. 4402 Gettysburg Road Camp Hill, Pennsylvania 17011, Claimant, rn"1 v. : No. 13-7489 MLD �? r— Classic At Admiral's Quay Limited Partnership .1> c) 2151 Linglestown Road, Suite 300 3> Harrisburg, Pennsylvania 17110 And Classic Communities Corporation 2151 Linglestown Road, Suite 300 Harrisburg, Pennsylvania 17110, Owners or Reputed Owners. : PRAECIPE TO SATISFY AND DISCHARGE MECHANIC'S LIEN TO THE PROTHONOTARY: Please mark the above -referenced Mechanic's Lien satisfied and discharged. POST & SCHELL, P.C. Dated: John W. bornberger Attorney I.D. #69293 17 North Second Street 12th Floor Harrisburg, PA 17101 Telephone: (717) 731-1970 Facsimile: (717) 731-1085 Email: jdornberger@postschell.com CA) Attorney for Claimant, Liberty Excavators, Inc. 4Q.50 Pb fl ate? CERTIFICATE OF SERVICE I, John W. Dornberger, Esquire, for the law firm of Post & Schell, P.C., attorneys for Liberty Excavators, Inc., hereby certify that I have this day served the foregoing document, by depositing a true and correct copy of the same in the United States Mail, First -Class, postage prepaid at Harrisburg, Pennsylvania addressed as follows: Classic At Admiral's Quay Limited Partnership 2151 Linglestown Road, Suite 300 Harrisburg, Pennsylvania 17110 Dated: 2. r 31,y Classic Communities Corporation 2151 Linglestown Road, Suite 300 Harrisburg, Pennsylvania 17110 2 John . Dornberger