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HomeMy WebLinkAbout14-6228 Supreme Cit of Pennsylvania Courol f�,Commori Pleas For Prothonotary Use Only: � Civil-CoverFSh 'et .� .,, Docket No: s CUMBERLAND County Q� J I ) The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint ❑ Writ of Summons ❑ Petition ® Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T WARFEL CONSTRUCTION COMPANY MECHANICSBURG REAL ESTATE COMPANY, LP Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? El Yes ❑ No (check one) [H]outside arbitration limits N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff/Appellant's Attorney: Thomas R. Davies, Esq. / Jeffrey C. Bright, Esq. ❑ Check here if you have no attorney (are a Self-Represented ilio Sel 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability (does not include E 771aSS tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I Other: O MASS TORT Breach of Contract ❑ Asbestos N ❑ Tobacco Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: [:1 Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Lail dIord/Tenant Dispute ❑ Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 Thomas R. Davies, Esq., PA Bar No. 35260 Email: tdaviesgh-dlaw.com Jeffrey C. Bright, Esq., PA Bar No. 307259 Email: jbright@h-dlaw.com HARMON & DAVIES, P.C. {' t' ' i`+_.<'`.;�'tl A 2306 Columbia Avenue Lancaster, PA 17603 Attorneys for Plaintiff, Telephone: 717-291-2236 Warfel Construction Facsimile: 717-291-5739 Company WARFEL CONSTRUCTION COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW vs. No. MECHANICSBURG REAL ESTATE COMPANY, LP, Defendant. NOTICE TO: MECHANICSBURG REAL EASTATE COMPANY, LP 4550 Lena Drive Suite 225 Mechanicsburg, Pennsylvania 17055 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 attorney and filing in writing with the Court your defense 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 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17015 Telephone No.: 717-249-3166 HARMON & DAVIEESS, P.C.j Dated: October 23, 2014 By:_ di-11A `� h as R. Davies, Esq. Jeffrey C. Bright, Esq. Thomas R. Davies, Esq., PA Bar No. 35260 Email: tdavies ash-dlaw.com Jeffrey C. Bright, Esq., PA Bar No. 307259 Email: jbright@h-dlaw.com HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Attorneys for Plaintiff, Telephone: 717-291-2236 Warfel Construction Facsimile: 717-291-5739 Company WARFEL CONSTRUCTION COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : CIVIL ACTION - LAW vs. No. MECHANICSBURG REAL ESTATE COMPANY, LP Defendant. COMPLAINT NOW COMES the Plaintiff, Warfel Construction Company ("Warfel"), by and through its counsel, Harmon & Davies, P.C., and files this Complaint against the Defendant, Mechanicsburg Real Estate Company, LP, and, in support thereof, avers as follows: 1. Plaintiff, Warfel, is a Pennsylvania corporation, with its principal place of business at 1110 Enterprise Road, East Petersburg, Pennsylvania 17520. 2. Defendant, Mechanicsburg Real Estate Company, LP, is a limited partnership registered with the Commonwealth of Pennsylvania with a registered office address of 4550 Lena Drive, Suite 225, Mechanicsburg, Pennsylvania 17055. 3. The Defendant (hereinafter referred to as "the Owner") is the record owner of real property situated in Cumberland County at an address known as 707 Shepherdstown Road, Mechanicsburg, Pennsylvania 17055 ("the Property"). A true and correct copy of the Deed to the Property is attached hereto as Exhibit A. 4. On or about November 9, 2012, Warfel and the Owner entered a written contract ("the Contract") whereby Warfel was to furnish labor and materials to improve the Property. Due to the sheer volume of the Contract documents, a true and correct copy of a pertinent excerpt of the Contract is attached hereto as Exhibit B, and the Owner already has a complete copy of the full Contract, including the Contract's exhibits, as the Owner was the original drafter of most, if not all, of the Contract. 5. The Contract provided that Warfel was to construct a new one-story senior care facility consisting of a Skilled Nursing facility and a Personal Care facility. This construction is referred to as "the Project." The attached Exhibit B, the Contract, is also fully incorporated herein as if set forth in its entirety, and any other exhibits attached hereto, showing the scope of work are incorporated herein. 6. Warfel was a prime contractor, because it contracted directly with the Owner. 7. On or about November 19, 2012, Warfel began furnishing labor and materials to the Property for the purpose of the Project. 8. The original Contract sum was $7,823,115.00. 9. Change orders were agreed upon, increasing the contract price by $385,114.00 to a grand total of$8,208,229.00 as the contract sum. 10. Warfel performed the Contract work. 2 11. Warfel performed the work in a good and workmanlike manner, and in accordance with the Contract. 12. At no time during the course of the Project did the Owner terminate Warfel. 13. The last date that Warfel furnished labor or materials was August 14, 2014. 14. To date, the Owner has made payments totaling $8,057,863.00; thus, it failed to pay the full amount owed on the contract. 15. To date, $150,366.00 is still owed, outstanding, and due on the contract. A true and correct copy of the payment applications are attached hereto as Exhibit C. 16. Interest on the amount owed is calculated as follows: a. $104,847.70 was due on May 25, 2014 and carries interest under the Contractor and Subcontractor Payment Act ("CSPA") at the rate of one percent per month from that due-date forward. b. $45,518.30 was due on September 7, 2014 and carries interest under the Contractor and Subcontractor Payment Act ("CSPA") at the rate of one percent per month from that due-date forward. 17. Warfel contacted the Defendant demanding payment on the owed amount. The Defendant has refused to pay. COUNT BREACH OF CONTRACT WARFEL v. THE OWNER 18. Warfel incorporates by reference all of the above averments as if set forth in full. 19. Warfel and the Owner had a written Contract, requiring the Owner to pay Warfel a specified amount, in exchange for Warfel's work on the Project. 3 20. Warfel performed its work on the Project in accordance with the Contract. 21. To date, $150,366.00 is still owed and due under the Contract. 22. The Owner's failure to pay the requisite amount is a breach of the Contract, causing damages in the amount of$150,366.00. 23. Pre judgment interest is also owed on the amount at the rate shown in paragraph 16 supra, or in the alternative, at the default rate of 6 percent. WHEREFORE, it is respectfully requested that this Honorable Court enter judgment in favor of the Plaintiff, and against the Defendant in the amount of$150,366.00, plus costs, plus pre-judgment interest, and all other relief that this Honorable Court deems just. COUNT II CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT 73 P.S. 501 et seq. WARFEL v. THE OWNER 24. Warfel incorporates by reference all of the above averments as if set forth in full. 25. Under the Contractor and Subcontractor Payment Act ("CSPA"), the Owner is required to make payments to Warfel in conformance with both the Contract and CSPA. 26. The Owner's failure to do so, exposes it to additional penalties, interest, attorney's fees, and damages and CSPA. 27. The Owner has failed to provide Warfel with any notice of deficiencies or reasons for withholding payment. 28. The Owner's withholding of payment has been arbitrary, vexatious, and in bad faith. 4 29. The Owner's failure to make payments in conformance with the Contract and CSPA result in (1) interest at the rate shown in paragraph 16 supra; (2) a penalty to be applied to the amount owed, in the amount of one percent, per month, of the amount wrongfully withheld; and (3) attorney's fees. 73 P.S. 512. WHEREFORE, Plaintiff requests this Honorable Court to enter a judgment in its favor, and against the Defendant, in the amount of$150,366.00, plus pre-judgment interest, plus penalties under CSPA in the amount of one percent per month on the outstanding amount owed, plus attorney's fees, plus court costs, plus any other relief that this Honorable Court deems just. ALTERNATIVE— COUNT III UNJUST ENRICHMENT WARFEL v. THE OWNER 30. Warfel incorporates by reference all of the above averments as if set forth in full. 31. In the alternative, Warfel sets forth this Count for unjust enrichment. 32. The Owner was enriched by Warfel's furnishing of labor and materials to the Project. 33. Warfel expected to be paid for its work on the Project. 34. The Owner was aware that Warfel expected to be paid for its work. 35. The Owner's refusal to pay for Warfel's work has resulted in the Owner being enriched, at the expense of Warfel, and said enrichment is unjust. WHEREFORE, the Plaintiff requests this Honorable Court to enter a judgment in its favor and against the Defendant in the amount of$150,366.00, plus costs, and interest, and all other relief that this Court deems just. 5 ALTERNATIVE—COUNT IV PROMISSORY ESTOPPEL WARFEL v. THE OWNER 36. Warfel incorporates by reference all of the above averments as if set forth in full. 37. In the alternative, Warfel sets forth this Count for promissory estoppel. 38. The Owner promised to pay Warfel for its work on the Project. 39. In reasonable reliance upon the Owner's promise, Warfel furnished labor and materials to the Project. 40. It would be unjust to not enforce the promise made by the Owner. WHEREFORE, the Plaintiff requests this Court to enter judgment in its favor, and against the Defendant, in the amount of$150,366.00, plus costs, plus interest, and any other relief that this Honorable Court deems just. Respectfully submitted, HARMON & DAVIES, P.C. Dated: October 23, 2014 By: Ae— 113 h as R. Davies, Esq. Jeffrey C. Bright, Esq. Attorneys for Plaintiff, Warfel Construction Company 6 1,Ralph E.Simpson,as Chief Executive Officer of Warfel Construction Company, hereby verify that I am authorized to make this Verification and that the statements contained in the foregoing Complaint are true and correct upon my personal knowledge,infannation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.. §4904,relating to unsworn falsification to authorities. WARFEL CONSTRUCTION COMPANY Date: October ,2014 Ralph E.Simpson Chief Executive Officer I Exhibit A l�j t Prepared by and after 2T, Recording return to: Salvatore I Bauccio,Esq. McNees Wallace&Nurick LLC 100 Pine Street Harrisburg,PA 17108 Tax Parcel No.42-09-0543-OOIA CONFIRMATORY DEED THIS DEED is made the 5th day of November,2012, BETWEEN MECHANICSBURG REAL ESTATE COMPANY,LP,a Pennsylvania limited partnership, successor by merger with MECHANICSBURG REAL ESTATE COMPANY,LLC a Delaware limited liability company("Grantor"), AND MECHANICSBURG REAL ESTATE COMPANY,LP,a Pennsylvania limited partnership ("Grantee"); WITNESSETH That the Grantor in consideration of One Dollar($1.00)paid by the Grantee to the Grantor,the receipt whereof is hereby acknowledged,and pursuant to a certain Agreement and Plan of Merger (attached as Exhibit"A"to certain Articles of Merger filed with the Pennsylvania Department of State on November 5, 2012),does hereby grant and convey unto the Grantee: ALL THAT CERTAIN tract of unimproved land located partly in the Borough of Mechanicsburg and partly in the Township of Upper Allen, both in Cumberland County, Pennsylvania,more particularly bounded and described on Exhibit"B" attached hereto and made a part hereof. UNDER AND SUBJECT,nevertheless,to an existing water pipeline easementind right-of-way of prior record. 1 BEING the same premises which Victor C. Wevodau,duly appointed Administrator D.B.N.C.T.A.of the Estate of Hazel R Wevodau{a/k/a/Hazel G.Wevodau},deceased, by Deed dated October 12,2007 and recorded in the Recorder of Deeds Office of Cumberland County on October 18,2007,as Instrument Number 200739829,granted and conveyed unto Mechanicsburg Real Estate Company,LLC,a Delaware limited liability company,the predecessor-in-interest to the Grantor hereof. Grantor hereby covenants and agrees that Grantor will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF,the Grantor has caused this Deed to be duly executed as of the day and year first written above. GRANTOR: MECHANICSBURG REAL ESTATE COMPANY, LP,a Pennsylvania limited partnership,successor by merger with MECHANICSBURG REAL ESTATE COMPANY,LLC,a Delaware limited liability company By:MREC,LLC,a Pennsylvania limited liability company,its sole general partner By: Michael B ver,President 2 COMMONWEALTH OF PENNSYLVANIA ; SS: COUNTY OF CUMBERLAND On this,the 6-4- day of November,2012,before me, a Notary Public,the undersigned officer,personally appeared MICHAEL BEAVER,who acknowledged himself to be the President of MREC,LLC,a Pennsylvania limited liability company,the General Partner of Mechanicsburg Real Estate Company,LP,a Pennsylvania limited partnership,successor by merger with Mechanicsburg Real Estate Company,LLC, a Pennsylvania limited liability company,and that he as such officer,being authorized to do so,executed the foregoing instrument for the purpose therein contained by signing the name of MREC,LLC by himself as President in MREC,LLC`s capacity as the sole General Partner of the Grantor,and as authorized by the Grantor, IN WITNESS WHEREOF,I have hereunto set my hand and official seal. Notary Public . My Commission Expires: NOTARIALs pL DONNA M BECCIA Notary Public LOWER ALLEN TWP,CUMBERLAND COUNTY My Commission Expires Jul 9,2013 CERTIFICATION OF ADDRESS I hereby certify that the precise business address of the Grantee herein is: 4550 Lena Drive, Suite 225 Mechanicsburg,Pennsylvania 17055 Attorney or Agent for Grantee 3 EXHIBIT"A" Agreement and Plan of Merger 4 PENNSYLVANIA DEPARTMENT OF STATE BUREAU OF CORPORATIONS AND CHARITABLE ORGANIZATIONS Articles/Certificate of Merger (15 Pa.C.$,) _Domestic Business Corporation(§ 1926) Domestic Nonprofit Corporation(§5926) x Limited Partnership(§8547) Now Document will be returned to the Catherine Wright McNees Wallace&Nurick LLC namlead address you enter to theAddress COUNTER PICK-UP City State .zip Code Fee: $150 plus$40 additional for each Party in additional to two In compliance with the requirements of the applicable provisions(relating to'erticles of merger or consolidation),the undersigned,desiring to effect a merger,hereby state that: 1.The name of the oanxx*oAimited partnership surviving the merger is: Meahanlosburtl Real Estate Company,LP 2. Check and complete one of the following. x The surviving corporation/limited partnership is a domestic partnership and the(a)address of its current registered office In this Commonwealth or(b)name of its commercial registered office provider and the county of venue is(the Department is hereby authorized to correct the following information to conform to the records of the Department): (a)Number and Street City State Zip County 4550 Lena Drive,Suite 226 Mechaniesburn PA 17DSS Cumberland (b)Name of Commercial Registered Office Provider County c/o The surviving owparationAimited pa tirbnership is a qualified foreign busiuess/nonproilt corporation Aimited partnership Incorporated/formed under the laws of and the(a)address of its current registered otfico in this Commonwealth or(b)name of its commercial registered office provider and the county of venue is(the Department is hereby authorized to correct the following information to conform to the records of the Departments (a)Number and Street City State zip County (b)Name of Commercial Registered Office Provider County C/o The surviving corponttion/lirnited partnership Is a nonqualified foreign businesshranprofit curporatim0imited partnership inoorporated/formed under the laws of and the address of its pridcipal office under the laws of such domiciliary Jurisdiction is: Number and Street City State Zip 2012 NO`S -5 Fri 12: 14 PA DEPT OF STATE DSCB:15-1926/5926/8547 2 3, The name and the address of the registered office in this Commonwealth or name of its commercial registered office provider and the county of venue of each other dtacimbIpoo ipxatic qualified foreign WR which Is a party to the plan ofinerger are as follows: limited liability company Name Registered Office Address Commercial Registered Office Provider County Mschanicsburg Real Estate Company,LLC c/o Corporation Service Company Dauphin 4. Cheep and(f'appropriate complete;one of the following., x The plan of merger shall be effective upon filing these Articles/Certificate of Merger in the Department of State, _ The plan of merger shall be effective on: at Date Hour 5. The manner in which the pian of merger was adopted by each domestic corporation/limited partnership Is as follows: Name Manner of Adoption Mechanicsiba Real Estate CompanX.LP allted by the General Partner pursuant to 15 Pa.C.S. • X8546 g Mechanicsburg Real Estate Company,LLC Adopted by the Members pursuant to 15 P&C.S.§8957(g) 6. Strike out this paragraph if noforeign corporatton/limtted partnership is a party to the merger. The pian was authorized,adopted or approved,as the case may be,by the foreign business/nonprofit corporationllimited pwtr►crship(or each of the foreign business/nonprofit cotporationallimited partnerships)party to the plan in accordance with the laws of the jurisdiction in which it is incerporattedlorganizad. 7. Check,and if appropriate complete,one of thefollowing. x 7 he plan of merger is set forth in full In Exhibit A attached hereto and made a part heroot Pursuant to 15 Pa.C.S..§ 1901/§8547(b)(relating to omission of certain provisions from filed plans)the provisions, �If any,ofthe plan of merger that amend or constitute the operative provisions of the Articles or Incorporation/Certificate of Limited Partnership of the surviving corporation/limited partnership as in effect subsequent to the effective date of the plan arc act forth in full in Exhibit A attached hereto and mads a party heroof. The full text of the plan of merger is on file at the principal place of business of the surviving corporation/limited partnership,the address of which is. Number and street City State Zip County DSCB:15.1926/592618547-3 M TESTIMONY WHEREOF,the undersigned limited partnership has caused these ArtkIn/Certificate of Merger to be signed by a duly authorized officer thereof this 5 1- day of November 2012 Mechanicsburg Real Estate Company,LP Name o RodLimited Partnershlp Signature MREC,LLC,General Partner,by Michael Beaver, Title rest en Mechanicsburg Real Estate Company,LLC Nonq of LLC Signature Michael Beaver,President Title AGREEMENT AND PLAN OF MERGER of MECHAMC.SBURG REAL ESTATE COMPANY,LLC a Delaware limited liability company, with and into MECHANICSBURG REAL ESTATE COMPANY,LP, A Pennsylvania limited partnership This AGREEMENT AND PLAN OF MEKGEIt(this"Agreement")is made and entered into as of November 5,2012,by and among MECHANICSBURG REAL ESTATE COMPANY, LLC,a Delaware limited liability company(the"Merging Entity'),MECHANICSBURG REAL ESTATE COMPANY,LP,a Pennsylvania limited partnership(the"Surviving Eatity'),and hMC, LLC,a Pennsylvania limited liability company and sole general partner of the Surviving Entity(the "Sole GP"}. Background A. The Merging Entity is a limited liability company organized under the laws of the State of Delaware. B. The Merging Entity desires to effect"a conversion whereby it will become a limited partnership organized under the laws of the Commonwealth.of Pennsylvania'aad has chosen to carry out this conversion by merging with and into the Surviving Entity. C. The parties desire for the Surviving Entity to succeed,by operation of law,to all rights,obligations,assets, liabilities,judgments and liens of the Merging Entity. D. The parties desire for'the effective ownership of the Surviving Entity to be identical to the effective ownership of the Merging Entity immediately prior to the conversion E. Section 18-209 of the Delaware Limited Liability Company Act, as amended(the "Delaware LLC Act"),permits a Delaware limited liability company to merge with and into a foreign limited partnership,with the foreign limited partnership being the sole survivor. F. Section 8545 of the Pennsylvania Revised Uniform Limited Partnership Act,as amended(the"PA LP Act"),permits a foreign limited liability company to merge with and into a Pennsylvania limited partnership,with the Pennsylvania limited partnership being the sole survivor. G. In order to carry out the Merging Entity's desire to convert the Merging Entity from a Delaware limited liability company into a Pennsylvania limited partnership,the Merging Entity and the Surviving Entity deem it to be in their respective best interests for the Merging Entity to be merged with and into the Surviving Entity, with the Surviving Entity being the sole surviving entity (the"Merger"). 1 ES [MIT A' Aam—m."n b consideration of the above background,and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and intending to be legally bound,the. parties hereto agree as follows: 1. _ iVlei•eer. As of the Effective Time(as defined below),the Merging Entity shall merge with and into the Surviving.Entity,with the Surviving Entity being the sole surviving entity. The name of the surviving entity shall remain and continue to be Mechanicsburg Real Estate Company,LP. 2. Cessation of the Merging Entity. As of the Effective Time,the separate existence of the Merging Entity shall cease and by operation of law and without any further action on the part of any party: (a) the Surviving Entity shall be vested with all the same property(real,personal and mixed),franchises and debts of the Merging Entity before the Merger; (b) the Surviving Entity shall be entitled to all benefits and subject to all the same obligations as the Merging Entity bef=ore the Merger, (c) liens upon the property of the Merging Entity,if any,-shall not be impaired by the Merger;and (d) any claim existing or action or proceeding pending by or against the Merging Entity before the Merger may be prosecuted to judgment against the Surviving Entity after the Merger to the same extent as before the Merger. 3. Canversion of Interests. As of the Effective Time,by virtue of the Merger and without any further action on the part of any party,all of the ownership interests of the Merging Entity immediately prior to the Merger shall continue in the Surviving Entity in the same Proportionate ownership interests and without any change resulting from the Merger. This will be accomplished as follows: (a) each 1.0%membership interest in the Merging Entity immediately prior to the Merger shall be converted into(i)a 0.99%limited partnership interest in the Surviving Entity, and(ii)a 1.0%membership interest in the Sole GP(and the Sole GP shall continue to hold a 1.0% general partnership interest in the Surviving Entity),such that,immediately following the Merger, each current member of the Merging Entity will own,directly or indirectly,the same percentage interest in the Surviving Entity as such member held in the Merging Entity immediately prior to the Merger,and (b) all of the issued shall be cancelled and rendered null d and and without any fiutbding e Merginginterests of.thb Entity force or effect. Schedule of this Agreement sets fortis the percentage ownership interest of each member of the Merging Entity(each,a"Member")immediately prior to the Merger,and the percentage ownership interest of each Member in the Surviving Entity immediately following the Merger. 2 4. Effective Time. The Merger shall be effective upon the filing of a Certificate of Merger with the Secretary of State of the State of Delaware(the"Effective Z ime"). S. Certificate of Limited Pa—�iu. Upon consummation of'the Merger,.the Certificate of Limited Partnership of the Surviving Entity,dated October 19,2412,kali continue in full force and effect �. Lunitesl Partnership Agreemeat. Upon consummation of the Merger,the Sarvivurg Entity's Limited Partnership Agreement;dated as of the Effective Time(the"LP Agreement"),shall govern the affairs of the Surviving Entity, 7. Management by the Sole GP. Upon consummation of the Merger,the Sole GP shall continue to manage the affairs of the Surviving Entity in accordance with the terms and conditions of the LP Agreement, S. General Contract Provisions. (a) Further A�.�MUM. If at any time the Surviving Entity determines that any, further assignments, assurances or acts are necessary or desirable to vest,perfect or confirm,of record or otherwise,in the Surviving Entity its rights,title or interest in,to or under properties or assets of the Merging Entity acquired or to be a any gEntityusa the rights, result oi;or in connection with,-the Merger,then the Merging Entity shall be dee ed to have granted the Surviving Entity an irrevocable power of attorney,coupled with an interest,to execute and deliver all such proper deeds,assignments and assurances in law and to do all acts necessary or proper to vest,perfect or confirm title to and possession of such rights,properties or assets in the Surviving Entity and otherwise to carry out the purposes of this A managers and officers of the Surviving Entity are Agreement;and the proper members, or otherwise to take the name of the Merging Entity any and all such action. (b) v ina Law. The validity,interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of Delaware,without regard to its conflicts of laws provisions. between the par(c) Mire A e mWt This instrument contains the entire agreement reached ties hereto with respect to the transactions contemplated hereby and supersedes an prior agreements,understandings,representations and warranties between the parties. (d) unt . This Agreement may be executed in any number of counterparts,each of which shall for all purposes be deemed an original,but all of such counterparts WWI together constitute one and the same agreement. Signatures sent by fax or electronic mail transmissions shallconstitute originals. [SIGNATURES APPEAR ON FOLLOWING PAGE] 3 1be parties to this Agreement have caused the signatures of their duty authorized representatives to be set fortis below as of the day and year first above written MERGING ENTITY: MECHANICSBURG REAL ESTATE CONI'ANY, LLC By: xI W Micbae eaver,President SURVIVING E NTM: MEMANICSBURGREAL ESTATE COMPANY, LP By: MSEC,LLC,its general partner By: r WcIM1 Deaver,President SOLE GP: MREC,LLC By: 1 -3494 k r4cicha6fBeaver,President Signature Page to Agreement and PIan of Merger Scheme Percentage Interests Column 1 Column 2 Member Percentage Interest in the Percentage Interest in the Merging Entity immediately Surviving Entity immediately prior to the Merger following the Merger Brad E.Hollinger 43.6001A 43,600% Michael Beaver 21.400% 21.4001/10 David Hauck 17.900% 17.940% Paul Kovacs 17.100% 17.100% Total; 100.000% 100.000% This figure is obtained by adding the"direct"percentage interest obtained in the Surviving Entity as a result of the Merger(as reflected in Column 3 below)with the"indirect"percentage interest obtained in the Surviving Entity as a result of the Merger(as reflected in Column 5 below). Column 3 Column 4 Column 5 Member Direct Percentage Direct Percentage Indirect Percentage Interest in the Interest in the Sole interest obtained in the Surviving Entity GP obtained by Surviving Entity by obtained by means of means of the Mergerz means of the interest the Merger acquired in the Sole GP3 Brad E.Hollinger 43.164% 43.600% 0,436% Michael Beaver 21.186% 21,400% 0.214% David Hauck 17.721% 17.9000/9 0.179% Paul Kovacs 16.9290/9 17.100% 0.171% Total: 99,000% 100.000% 1.000% 2 As a result of the Merger,each 1,0%membership interest in the Merging Entity immediately prior to the Merger(as reflected in Column 1 above)is converted into: (i)'a 0.99%limited partnership -interest in the Surviving Entity immediately following the Merger,such that.a 43.6%membership interest in the Merging Entity immediately prior to the Merger,for example,is converted into a 43.164%limited partnership interest in the Surviving Entity immediately following the Merger [43.6%x 0.19=43.1640/o],and(ii)a 1.0%membership interest in the Sole GP immediately prior to the Merger,such that,a 43.6%membership interest in the Merging Entity immediately prior to the Merger,for example,is converted into a 43.6%membership interest in the Sole GP immediately following the Merger. 3 The Sole GP will continue to own a 1.00/.Dpartnership interest in the Surviving Entity immediately following the Merger, Accordingly,each 1.0%membership interest obtained in the Sole GP as a result-of the Merger will also provide the holder with an indirect 0.01%partnership interest in the Surviving Entity,such that a 43.6%membership interest obtained in the Sole GP,for example,would also provide the holder with an indirect 0.436%partnership interest in the Surviving Entity[43.6%x 0.01%=0.436%]. EXHIBIT "B" Legal Description ALL that certain tract of lana together with the improvements thereorterected, situate largely in the Tow=;Wp of Yapper Allen and partly in the Borough of Mechanicsbut&Cumberland County,Pennsylvania,described as folk w . BEGINNING at a point markod by a stake In.the Eastern line ofShepherdstown Road(G.R.21498),which said point is 359.65 feet North of corner of lands.now or formerly of Christian Hess,as measurer!Along the Eastern line of said Shepherdstown Road;thence extending along the liastern line of Shepherdstcnvn Road(L R.29.096), North 12 degrees 10 minutes 30 seconds Was4 436.0 feet to a point;thence by the same in a Northwardly direction,by the arc of a circle curving to the rigid,sidd ch4e}Saving a radius of 1$12.28 feet;the arc distance sof 349.63 feet to a point;thence still by the ilastea 11ne of Shepherdstown Road,North 00 degrow 15 minutes 00 seconds East, 156.92 feet to a polio at vonu r of Lot now or formerly of Richard Wevodaw thence along the lute of said Lot now or formerly of Richard Wevodau,being also the Northern lira of a 14 foot wlde dirt lane,North 71 degrees 15 minutes Put,156.6 feet to a point, theme coMnuing along the Northern line of said 14 foot wide,dirt lane,being also. along the Southern line of lands formerly of Mzabeth K.Golden and devised to Harry Golden and wife,North 67 degrees 15 minutes 20 seconds Sash 208.84 feet to a stake; thence along the Itne of other lands-of the Elizabeth K.Golden Estate,of which this is a part,South 11 degrees 17 minutes 25 seconds Eask 894.02 feet to a stake,thence by the same,South£r4 degrees 85 minutes 30 seconds West,430.0 feet to a point marked by a stance in the Eastern tine of Shepherdstown Road(L.R 21098),aforementioned,at the aoint and place of BEG MING. 5 r �IIIYBtu+ah�b n,w mI1WiYillYlla COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND RECORDED in the Office of the Recorder of Deeds in and for said County in Deed Book , Page WITNESS my hand and official seal this day of ,2012. Recorder of Deeds 6 Inaft, WNW � a>:v-1936X[6410] pennsylvania REALTY TRANSFER TAX RECORDER'S USE ONLY - OMMMENTOfREVENUE State Tax Paid BUREAU OF INDIVIDUAL TAXES STATEMENT OF VALUEa� PO BOX 28063 Book Number HARRISBURG PA 17128.0603 Page Number See Reverse for Instructions oats Recorded 7_ �a Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) the deed is without consideration or by gift,or(3)a tax exemption is claimed.A Statement of Value is not required if the transfer Is wholly exempt from tax based on family relationship or public utility easement If more space Is needed,attach additional sheets _ A. CORRESPONDENT—All in uires may be directed to the foNawin erson; Name Telephone Number Salvatore J.Bauccio,Esq, McNees Wallace&Nurick LLC 717-232-8000 Mails Address I[y State 100 Pine Street P.0.Box 1166 Harrisbur PA 17108 B. TRANSFER DATA C. Date of Acceptance of Document November 5 2012 Grantor(sKessogs) Grantee(sylessee(s) Mechanicsburg Real Estate Company,LP(formerly Mechanicsburg Real Estate Company,LP Mechanicsburg Real Estate Company,LLC Malr Address 4550 Lena Drive,Suite 225 4550 Lea Drive Suite 225 City State ZIP Code City State ZIP Code Mechanicsbur PA 17055 Mechanicsburg PA 17055 D. REAL ESTATE LOCATION ShetAddress City,Township,Borough 707 Shepherdstown Road Upper Alien Twp. County SchoolDistrict Fax Parcel Number Cumberland Mechanicsburg Area School District 42-09-0543-001A E. VALUATION DATA—WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ❑ Y ® N 1.Adual Cash Consideration 2.Other Consideration 3,Total Consideration $1.00 +NIA =$1.00 4.County Assessed Value 5.Common Level Ratio Factor B.Fair Market Value 799,300.00 x 1.00 =799,300.00 F. EXEMPTION DATA 1 a.Amount of Exemption Clahmd 1 b.Percentage of Grantor's Interest in Real Estate 1a Percentage of Grantor's Interest Conveyed 799,300 100% 100% _ Check Appropriate Box Below for Exemption Claimed T ❑ Will or intestate succession (Name of Decedent) (Estate File Number) ❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) [] Transfer from a trust. Date of transfer into the trust If trust was amended attach a copy of original and amended trust. ❑ Transfer between principal and agent/straw party. (Attach complete copy of agencylstraw party agreement.) ❑ Transfers to the commonwealth,the United States and instrumentalities by gift,dedication,condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation,attach copy of resolution.) ❑ Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of mortgage and notetassignment.) ❑ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) ® Statutory corporate consolidation,merger or division. (Attach copy of articles.) ❑ Other(Please explain exemptlon claimed.) Under penalties of law, I declare that I have examined this statement, including accompanying information, and to 'the best of my knowledge and belief,it is true,correct and complete Signaoure of t or Re9po Ibis Party Date FAILURE TO COM E THIS FORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE - CARLISLE,PA 17013 z. . 717-240-6370 Instrument Number-201234521 Recorded On 11/7/2012 At 11:36:20 AM *Total Pages-17 *Instrument Type-DEED Invoice Number-121606 User ID-KW *Grantor-MECHANICSBURG REAL ESTATE CO LP *Grantee-MECHANICSBURG REAL ESTATE CO LP *Customer-MCNEES WALLACE&NURICK *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE: DO NOT DETACH RECORDING FEES — $34.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT UPPER ALLEN TOWNSHIP $0.00 TOTAL PAID $85.00 I Certify this to be recorded in Cumberland County PA RECURDER O *-Information denoted by an asterisk may change during the verHlcation process and may not be reflected on this page. 002T70 {II Il{Ell{1111 X111 SII{1 ill Exhibit B cit Document A101 - 2007 Standard Form of Agreement Between Owner and Contractor where the bast's of payment is a Stipulated Sum f AGREEMENT made as of the 9th day of November in the year 2012 (Irr woids,indicate day,inanth andyear:) ADDITIONS AND DELETIONS: BETWEEN the Owner; The author of this document has added information needed for its (Nance,legal status,adds ess and other it formation) completion.The author may also have revised the text of the original Mechanicsburg Real Estate Company,LP AIA standard form.An Additions and .4550 Lena Drive Deletions Report that notes added Suite 225 Information as well as revisions to the Mechanicsburg PA 17055 standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document Indicates where the author and the Contractor: has added necessary information (Name,legal stalus,address and other information) and where the author has added to or deleted from the original AIA text. Warfel Construction Company This document has Important legal 1110 Enterprise Road consequences.Consultation with an East Petersburg,PA 17520 attorney Is encouraged with respect Telephone Number:717-299-4500 to its completion or modification. Fax Number:717-299-4628 AIA Document AM m-2007, for the following Project: General Conditions of the Contract for Construction,is adopted in INS(Nance,location acrd detailed descr7ptiorr) document by reference.Do not use with other general conditions unless Hollinger Senior Housing 707 Shepherdstown Road this document is modified. Mechanicsburg,PA 17055 _The Architect: (Name,legal status,address acrd other information) Crabtree,Rohrbaugh&Associates Architect 401 East Winding Hilt Road " Mechanicsburg,PA 17055 Telephone Number:717-458-0047 The Owner and Contractor agree as follows. AIA Document A101--2007.Copyrfghtm 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American [nit. Institute of Arehltects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and lnturnational Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe clvii and criminal penalties,and will be prosecuted to the t maximum extentpossible underthe law.This documentwas produced byAlA software at 10:21:01 on 11/09/2012 under Order No.1800016795 1 which expires on 06/21/2013,and Is not for resale. User Notes: (1501050218) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contracf.Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Speoifioations,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all ofwhfch form the Contract,and are as fully apart of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or otal:Ari enumeration ofthe Contract Documents,other than a Ivfodification,appears in Article 9_ ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute theiWork described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 - DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Inset t the date of commencement if it differs front the date of this Agreement or,f applicable,state that the date 1 Fill be fixed in a notice to p•oceed) ] The commencement date wiII be fixed in a Notice to Proceed following execution of all contract documents. If,prior to the commencement ofthe Work,the Owner requires time to file mortgages and other security interests,the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Three hundred seventy four-(374.00 )days from the date of commencement,or as follows: (Insert nti»rber'ofcalendar days.Alternatively,a calendar date may be ttsed when coordinated with the date of commencement.If appropriate,insert r egzzir ementsforearlier Szrbstaiidal Completion ofceltain portions of the Work.) Inst. AIA Document Al 01 —2007.Copyright a Isis,1918,1925,10937,1951,1956,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American 1ns01ute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the 2 t maximum extent possible under the law.This document was produced byAIA software at 10:21:01 on 11/09/2012 under Order No.1600016796 1 which expires on 06/2112013,and is not for resale. User Notes: (1501050216) Portion at work Substantial Completion Data subject to adjustments ofthls Contract Time as provided in the Contract Documents, (Paragraph delefe'o See Supplemental(lenerai Conditions 007500,Article 8.4 for inclusion of liquidated damages.Liquidated damages 1v111 not be imposed on contractor unless contract time exceeds 420 days•The amount of liquidated damages shall be $1500 per day for each-day'contract time exceeds 420 days. ARTICLE 4 CONTRACT SUM §4,1 The Otvner shat)pay the Contractor the-contract Sum in current funds for the Contractor's performance of ille Contract,ThgContract Sum shalt 0 Seven Million,Eight Hundred,Twenty Three Thousand,One Hundred and F1fleen Dollars$7,823,115.00 ),subject to additions and deductions as provided in the Contract Documents. § 4.2 TheContract$um fs based upon the following altemates,ifany,which aredesorlbed in the Contract Documents and are hereby accepted to;the Owner. (Slate ffe>liuubers Or other Idenfiflcatlon ofaccepledalfernates,(01te biddingorpiroposat doeunrents perarit the Oltwer to accept oihe)'aftiiAbressubsegnent to the ex"11110A ofthis Agreeiue114 attach a schedule of ielr other, altefiratesshoWngihe aularintfor each and the date 1phen that nmollni exphzs.) . ..... ..$7,925,898 Altemata i1o,(,. Unolassl$edConstruction(Rock Only$).. ...........$75,000 Attemate No,d Remote Temperature Controls for Package Terminal Air Conditioners.......$14,205 Alterria(b No.7 Sheet ZVelt Protection... ...................................... Attemate No.10. Johnsonite•Perception Designer Wall Base„ $25,015 ” Attemate No.13 Aluminum Feeders............................. . ..........................................:.31,491 Alteoiat"No.1¢ 49 Cabl.............. .................... ..........................................................(380,000) Attemate No.IS .QelidatorTransferSwitch' _, ""......""""'•"""'"($60.000) AtternateNo.17b'french DrainsBuilding�l!.�1....................il1. l.1.?r......•...... � ....,.(�490) AttemateNo.19 Manufactured Stone Venter..............................I................ � ($48,494) . . ....................($8,000) sdeffned as the removal of rock.oniy qnd replacement with suitable fill. ¢4.3 UnitpHEe;,Ifsik)r Aden10 andatote the unit price,Stott quantity limitations,ifary,to which the unit price will he appl/cable.) Item .2Untieand Limitations price perunit(50.00) YIP—I Bulk Soil Excavation► CX $38.50 UP—2 Borrow SDit Fill CY $22.00 UP—3 Trench Rock Removal and Replacement with Satisfactory Material CY $275.00 UP—4 Bulk Rock Removal and CY $198.00 Replacement with jatlsfactory Material §4,4 Allowances fnolirgled in the Contract Stan,ifarty: (7denrfy allowance and state excluslotrs,{miry,fro_the allolyance price.) Iter? Price •, NlA NIA ARTICLES 'PAYMENTS -PAYMENTS §'5,1 PROGRESS A § 5,1A Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment Issued by the Architect,the Owner shall make progress payments on account of the Contract sum to the Contractor as provided belowand elsewhere In the Contract Documents, AIA DocumentAffl--•2007.CopydOhte191b,1610.1025,1937,Mi.1050 1961,1960,1987.1974.1977,1987,1691.1697 and 20o7 by TheAmorkan Init. fds6luisotArshliecls.All 119116nsaried.WARNINQ.,This Ate 0oeumentlaprotel:tedbyUACopydghtlawandlnlemsltonalTusnaa.Unauthodxed 3 rtproduciton or dlshlbullan of this A10 Document,or anyponion of t4 may result in Saver►civil and erfminal panartla6,and will be prosecuted to the t moxlmumextent poaslblouadarlhelaw.This dowmenlwas produeedbyRA4olknreat10:21:eton11/M012under OrderNo.16000167951whkhe*lres on 06/218013,andls nolfor mats. User Notts., j1e010502161 § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day ofthe month,or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the thirtieth day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the twenty fifth day of the following month.If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30)days after the Architect receives the Application for Payment. (Federal,state or local lm vs pray require payment i vltlrin a cel tain period of time.) § 5.1.4 Each Application for Payment sh all be based on the most recent schedule ofvalues submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions ofthe Work.The schedule ofvalues shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage ofcompletion ofeach portion of the Work as ofthe end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions ofthe Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion ofthe Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion ofthe Work by the share ofthe Contract Sum allocated to that portion oftlte Work.in the schedule of values,less retainage of ten percent(10 %). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm 2007,General Conditions ofthe Contract for Construction; .2 Add that portion ofthe Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,suitably stored offthe site at a location agreed upon in writing),less retainage often percent( 10 %); .3 Subtract the aggregate of previous payments made by the Owner;and A Subtract amounts,if any_,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007, § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion ofthe Work,a sum sufficient to increase the total payments to the full amount ofthe Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section�8.5 ofA14 Document A201-200 7 requhes release of applicable retainage upon Substantial Completion of Work ivith consent ofstirety,ifany.) .2 Add,iffinal completion ofthe Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation ofretainage,if any,shall be as follows: (!fit is intended,prior to Substantial Completion ofthe entire Whit to reduce or limit the retainage resultingfr•on the percentages inserted in Sections 5.1.6.1 and 5.L 6.2 above,and this is not explained elsewhere in the Contract DOCliinents insert here provisions for such reduction or limitation.) See Supplemental General Conditions 00750,Article 9.3.1 for retainage. § 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. Init AIA Document A101T —2007.Copyrightm 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987.1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document Is protected by U.S.copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AIA Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the 1 maximum extent possible underthelaw.Thisdocumentwasproduced byAlAsoftwareat10:21:01on11/0912012under Order No.1800016795101chexpires on 06121/2013,and is not for resale. User Notes; (1501050216) § 5.2 FINAL PAYMENT § 5,2.1 Final payment,constitutin.a the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 ofA1A Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the panties mutually agree,insert the noine,address and other contact irrfonnation of the Initial Decision Maker,if other thaq the Architect.) § 6,2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007 and as amended in Specification Section 00750 Supplementary General Conditions,Article 15,the method of binding dispute resolution shall be as follows: (Check the appropriate box.If the Olpner and Contractor do not select a method of binding dispute resolution below, or do rictsubsequently agree in writing to a binding dispide resolution method other than litigation, Claims will be resolved by litigation In a covet of competentf n isdiction.) ( ] Arbitration pursuant to Section 15,4 of AIA Document A201-2007 (XJ Litigation in a court of competent jurisdiction [ ] Other(Spec) . ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2012007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLES MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A2201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if arty.) Inst. AIA Document A101 r —2007.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction ordistribution of this AIA!5 Document,or any portion of it,may result in severe civil and criminal penalties,and wilt be prosecuted to the t maximum extent possible under the law.This documentwas produced byAlAsoftware at 1021:01 on 11/09/2012 under Order No.1800016795 1 which expires on 06/21/2013,and is not for resale. User Notes: (1501050216) § 8.3 The Owner's representative: (Name,address and other irrfbnnation) Hugh Simpson Real Source Advisors 717-329-2579 §.8.4 The Contractor's representative; (Waite,address and olher information) Brett P.Calabretta,P:E.1 LEED AP § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: I. Unclassified construction noted as alternate Alt—I is defined as the removal ofrock only and replacement with suitable fill. 2. Sink hole remediation and associated fees not included in contractors scope of work. 3. Existingwaterline relocation and associated fees not included in contractor's scope of work. 4. Existing PPL utility pole removallrelocation and associated fees not included in contractor's scope of work. 5.,Aii_testing&inspections will be performed and paid for by the Owner as qualified by Specification Section 01400, Quality Requirements,Part I.S. -G.Contract is_contingeni upon construction starting by November 1,2012. ARTICl,E.9 ENUMERATION OF CONTRACT DOCUMENTS I §'9.1 The Contract Documents,except for Modifications issued after execution of this Agreement are enumerated in the sections below. § 9.1.1 The Agreement.is this executed AIA Document AlOI 2007,Standard Form of Agreement between Owner "and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1,4 The Specifications: (Eitherlist the Specifications here or refer to an exhibit attached to this Agreement) List of Specifications See Exhibit A—Table of Contents Inst AIA Document A101-—2007.Copyright®1915,1918,1925,1x937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorised 6 reproduction or distribution of this Ale Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the 1 maximum extent possible underthe law.This document was produced byAlAsoftware at 10:21:01 on 11/09{2012 under Order No.1800016795 1 which expires on 06121/2013,and is not for resale. User Notes: (1501050216) Section Title Date Pages § 9.1.5 The Drawings: (Either list the Dirrlvings here or•refer to an exhibit attached to thtsAgreement) List of Drawings,See ExhibitB—List of Drawings Number Title Date § 9.1,6 The Addenda,if any. Number - Date Pages Addendum#1 7/27/12 Addendum/i2' 8/3/12 Addendum#3. 8/7/12 Addendum#4 8/8/12 Addendum#5 8/13/12 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional.documents,if any,formin.-part of the Contract Documents: 1 AIA Document B201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any,listed below: (List here ally additional documents that are intended to form part of the Conti act Documents.AIA Document A201 2007 proyides that bidding regidrenrents such as adver tisentent or invitation to bid, Irrstrirctions to Bidders,sample forms and the Contractor's bid are not part of the Contract Docunreuts unless enirnrerated!n this Agre¢ment, They should be listed here only if intendedto be pro t of the Cortfracf Docmnerits.) ARTICLE 10 INSURANCE AND t30NbS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007 and as amended in Specification Section 00101—Supplementary Introduction to Bidders Article 7,and as noted in Article 7 of ALA Document A701 and as amended in Specification Section 00750—Supplementary General Conditions,Article 11.. (State bonding regrrireiirents,if any and ihnits ofliability for insurance required in Article 11 ofAlA Docinnent .4201-2007.) Type of insurance or bond Limit of liability or bond amount($0.00) AIA Document Al Di w—2007.Copyright*1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American (nit Institute ofArehitects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties_Unauthorized 7 reproduction or distribution of this Ate Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced byAlAsoftwere at 10:21:01 on 11/09/2012 under Order No.1800016795_1 which expires on 08121/2013,and is not for resale. User Notes: (1501050216) This Agreement entered into as of the day and year first written above. /Ykc h4^H r"b 19 0 ER(Si inatl uJ f CON CTOR(Slgrtatrrre) �iAt9�i� �Q✓V nrLrrS�Cly Ralph E.Simpson,Jr.,Partner (lr rated name and title) (Printed mmne and title) In ft. AIA Document Al 01n —28007.Copyright®1915,1918,1826,10 37,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized $ reproduction or distribution of this AIA"Document,or any portion of it,may result fn severe civil and criminal penalties,and w11I be prosecuted to the t maximum extent possible under the law.This document was produced byAIAsoHware at 1021:01 on 11/09/2012 under Order No.1800016795 1 which expires on 06/21/2013,and is not for resale. User Notes: (1501050216) Additions and Deletions Report for AIA®Document A 101'm—2007 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all tent the author has added to.the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted tent is indicated with a horizontal line through the original AiA text. Note:This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AiA software at 10:21:01 an 1 110 9/2012. PAGE'I AGREEMENT made as of the 9th day of November in the year 2012 Mechanicsburg Real Estate Company.LP 4550 Lena Drive Suite 225 Mecllanicsbure.PA 17055 W_arfeE Construction Company 1110 Enterprise Road East Petersburm PA 17520 Telephone Number•717-299-4500 Fax Number:717-299-4628 Hollinger Senior Housin¢ 707 Shepherdstown Road Mechanicsburg,PA 17055 Crabtree,Rohrbautah&Associates Architect 401 East Winding Hill Road_ Mechanicsburg;PA I7055 Telephone Number:717-458=0047 PAGE 2 The commencement date will be fixed in a Notice to Proceed following execution of all contract documents. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Three hundred seventy Lour(374.00 )days from the date of commencement,or as follows: PAGE 3 I Additins and Deletions Report for AiA Docum enf At 01"—2007,Ccpyright01915,1918,1825,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991.1 997 and 2007 by The American institute of Archifects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Laws and Z International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of It,may result In severe civil and crimfnal penalties,and will be prosecuted to the maximum extent possible under the law.This documentwas produced by AIA software at 10:21:01 on 11/09/2012 under Order No.1800016795 1 which Opires on 06/21/1013,and is not for resale. User Notes: (1501050216) 1 g MAA See Sui iplemental General Conditions 007500 Article 8.4 for inclusion of liquidated damages Liquidated damages will not be tm osed on contractor unless contract time exceeds 420 days.The amount ofli uidated damages shall be $1500'Rtir day for each day contract time exceeds 420 days § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be{dr—Seven IVTillion.Ei2bt Hundred Twenty Three Thousand One Hundred and Fifteen Dollars$7 823 115 00 ),subject to additions and deductions as provided in the Contract Documents. Base Bid:. _.$7,925.8% Alternate No. 1. ITnclasstfied Construction(Rock Only*) $75,000 Alternate No.6 Remote Temperature Controls for Package Terminal Air Conditioners.......$14.205 Altemrnat6 To.7 Sheet Wall Protection.................. $25 015 Alternate No. I O Johnsonite-Perception Designer Wall Base..............................................$1,491 Alternate No. I3 Alum .......... inumFeeders..................... 8 000 ............................. . Alternate No.14 MC Cable...................... ........... G0.000 Alternate No.I5 Generator Transfer Switch............. 22 000 ............................................................ Alternate No. 17b Trench Drains Building A.......... 548.494 Altemate No. 19 Manufactured Stone Veneer......................... ..........OTR.000 *defined as the removal of rock only and replacement with suitable fill UP—1 Bulk Soil Excavation_ CY 538.50 UP-2 Borrow Soil Fill CY 522.00 UP—3 Trench Rock Removal and R61acei6ent with Satisfactory Material CY S275.00 UP-4B6lk Rock�kemovaland CY $198.00 Replacement with Satisfactory Material N/A N/A PAGE 4 15.1.3 Provided that an Application for Payment is received by the Architect not later than the thirtieth day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the twenty fifth day of the following month.If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 days after the Architect receives the Application for Payment. i Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying die percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of ten percent(10 %). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall Additions and Deletions Report for AIA Document A101TM-2007.Copytfghtm 1915,191a.1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute otArchitects.All rights reserved.WARNING:This A10 Document is protected by U.S.Copyright Law and 2 International Treaties.Unauthorized reproduction ordistribution of this AIA"Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 10:21:01 on 11/o912012al under Order No.1800016795 1 which expires on 06121/2013.and is not for resale. User Notes: (1501050216) be included as provided in Section 7.3.9 ofAIA Document A201Th1 2007,General Conditions of the Contract for Construction; ,2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if npprej,edll ten percent( LO-0/6); suitably stored off the site ata location agreed upon in writing),less retainage of - - See Supplemental General Conditions 00750 Article 9.3.1 for retainaee PAGE5 fol:any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document "''^�;; A201-2007 ind as amended in S ecification Section 00750 SupplementGeneral Conditions. ,Article 15.the method of binding dispute resolution shall be as follows: [X j Litigation in a court of competent jurisdiction PAGE-6 Hugh Simpson Real Source Advisors 717-329-2579 Brett P.Caiabretta RE/LEED AP 1 ..Unclassified construction noted as alternate t-1 is defined as th a oval ofroek onl and r lacement with suitable fil 1. 2.-Sinkhole remediation and associated fees not included in contractors scope of work. 3,'Existing waterline relocation and associated fees not included in contractor's scope of work 4. Existlne PPL utility pole removal/relocation and associated fees not included in contractors scope of work 5 All testln &inspections will be erformed and aid for b the Owner as ualified b S ecification Section 01400 QualitvRenuirements Part LR 6.Contract is contingent upon construction starting by November 1 2012 § 9.1 The Contract Documents,except for Modifications issued after execution of thisA d,ienwnt,Aereement are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document Al01 2007,Standard Form of Agreement BePwee between Owner and Contractor. List of Specifications See Exhibit A Table of Contents PAGE 7 List of DrawingsSee Exhibit B—List of Drawings Additions and Deletions Report for AIA Document A101 2007.Copyright®1915,1918,1925.1937,1951,1956,1961,1963,1967,1974,1977,1987, International91, 97 n7reaGes.unau7 by The thorized reprcan oductionororldTstrihuit on of Phis AIA°Dots reserved. cument,gra NG:This AIA°Document is protected by U.S.Copyright Law and 3 penalties,and will be prosecuted to the maximum extent possible under the law.This documents or ion of it,may result in severe civil and criminal under Order No.1800016795 1 which expires on 06/21/2013,and is not for resale. Produced by AK software at 10:21:01 on 11/09/2012 User Notes: (1501050216) i Addendum#1 7/27/12 Addendum#2 Add8/3/12 Addendum 43 8!7/12 Addendum#4 8/8112 Addendum_ #5 8/]3/72 The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I l of AIA Document .d'ln9 20n-r ' Section Article 7.an�no ed n 1-2007 and 7 of AIA Docu "WentA701I and a samended n Nye cifiaEy tion Introduction to Bidders Su lerrienta' General Conditions.Article 1 I (State bonding tequu entents,fat—,anv and limits of lrabili .4201 2007.) fyfon ins:uanceregrri/edinrSr&clell ofAlADocmnen[ PAGE 8 Ralph E Simpson Jr Partner Additions and Deletions Report for AIA Document A101TM—2007.Copyright m 1915,1918,1926,1937,1951.1358,1961,1363,1967,197q,1377,1987 1991,1997 and 2007 by The AmerIcan Institute of Architects.All rights reserved.WARNING:This AIA3 Document is protected , U.S.Copyright Law a, Inlernational Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result a severe civil and criminal Penalties,and will be prosecuted to the maximum extent Possible under the law.This document was produced by AIA software at 10:21:01 on 11/09/2012 4 nd under Order No.1800o167g5 1 which expires on 06/21/2013,and is not for resale. User Notes: (1501050216) Certification of Document's Authenticity ALAI Document D401 Tnt—2003 I, hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:2I:01 on 11/09/20I2 under Order No. 1800076795 1 from AIA Contract Documents software and that in preparing the attached fins! document I madeno changes to the original text of AIA Document A101 -no Owner and Contractor where the basis of 7A°—2407,Standard Form of Agreement software,other than those additions and deletions shown in the associated Additions and Deletions Report payment is a Stipulated Sum,as published by the AIA in its (Signed) (Dated) . AIA Document D407±M_2o1 3.Copyright 1992 and 2003 by TheAmerican institute of/vchitects.All rights veserved.'WARNING:This AIA°Document is protected v re c Copyright Law and International Treaties.Unauthorized reproduction orris''III ion otthis AIA.'Document,gran ressoftult in severe civil and criminal undePenar rd and will oo prosecuted to the maximum extent pstri Ue underthe law.This document was produced by AIA User oat 70:21:07 on 11!09/2012 under Order No.t800016796 1 which e�ires on 06/21/2(113,and is not for resale. y portion of it,may User Notes: (1501050216) Exhibit C APPLICATION AND CERTIFICATE FOR PAYMENT COPY To owner: Mechanicsburg Real Estate Company,LP Project* 15647-Hollinger Senior Housing'- I,Application Na.: 17 Distribution to: 4550 Lena Drive,Suite 225 Shepherdstown Road Owner Architect Mechanicsburg,PA 17055 l Period: 4/1/2014-4/30/2014 C] Contractor From Contractor: Warfel Construction Company Via Architect: 1110 Enterprise Road Project Nos: East Petersburg,PA 17520 Contract For: I' Contract Date, September 2012 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 aid b the Contractor Continuation Sheet is attached. for Work for which previous Certificates for Payment were issued and payment received from the Owner,;and that current payment shown herein is now due. 1.Original Contract Sum .......................... $7,823,115.00 2.Net Change By Change Order $385,114.00 CONTRACTOR:. Warfel Construction Company ........ ! 3.Contract Sum To Date .......................... $8,208,229.00 4.Total Completed and Stored To Date............... P $8,208,229,00 By: N(�2A& Date: y -AN-I'1 Executive ice President 5.Retainage: a' 0.29% of Completed Work Stateof: Pennsylvania Countyof:Lancaster- $23,996.78 Subsc•ibed-arid wor to before m this .j dayof_r I L b. 0.00%of Stored Material $21,521.52 Notary a tc: ?I My Commission ex Cres i`t w:. ... Total Retainage ............................. $45,518.30 + �� L�U, J a���./ :scan A.;�!. u;: ,• 6.Total Earned Less Retainage ........... $8,162,710.70 ARCHITECT'S CERTIFICATE FOR PAYMENTIn accordance with the Contract Documents,based on on-site observations and the data 7.Less Previous Certificates For Payments..........,. comprising;the above application,the Architect certifies to the Owner that to the best of the Y $8,057,863.00 Architect's knowledge,information,and belief,the Work has progressed as indicated, S.Current Payment Due ................I.......... $104,847.70 the quality of the Work is in accordance with the Contract Documents,and the Contractor is entitled tffo payment of the AMOUNT CERTIFIED. 9.Balance To Finish,Plus Retainage ................. $45,518.30 I AMOUNTCERTIFIED $ 104,847.70 CHANGE ORDER SUMMARY Additions Deductions •(Attach explanation if amount certified differs from the amount applied lnitial all figures on this Application and on the Total changes approved Continuation Sheet that are changed to conform with the amount certified.) in previous months by Owner $286,257.00 $27,001.00 Total Approved this Month $125,858.00 $0.00 ARCHITECT: TOTALS $412,115.00 $27,001.00 By: �: Date: Net Changes By Change Orders $385,114.00 This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor named herein.Issuance,payment,and acceptance of payment are without prejudice to any right of the Owner or Contractor under this Contract. I. i; CONTINUATION SHEET f Page 2 of 7 Application and Certification for Payment,containing Application No.; 17 Contractor's signed certification is attached In tabulations below,amounts are stated to the nearest dollar. Application Date: 4/24/2014 Use Column I on Contracts where variable retainage for line items may apply. �i Period: 4/1/2014-4/30/2014 j Invoice#: 15647-17 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.: BC DI. Item Description of Work Scheduled Work Completed I! Materials Total No. % Balance Retainage Value From Previous This Period Stored This Completed (G/C) To Finish Application In Place r• Period and Stored (C-G) (D+E+F) To Date I' I` (Not in E) (D+E+F) 5 General Conditions 384,989,00 384,989.00 0.00 0.00 384,989.00 100.00% 0.00 1,926.76 10 Payment&Performance Bond 52,261.00 52,261.00 .0.00 0.00 52,261.00 100.00% 0.00 0.00 15 Mobilization 22,560.00 22,560.00 0.00 0.00 22,560.00 100.00% 0.00 112.12 20 Site Layout 26,750.00 26,750.00 0.00 0.00 26,750.00 100.00% 0.00 132.95 25 Site Clearing 14,450.00 14,450.00 0.00 0.00 14,450.00 100.00% 0.00 71.82 30 Soil Erosion&Sediment Control 11,830.00 11,830.00 0.00 0.00 11,830.00 100.00% 0.00 58.80 35 Earthwork 487,940.00 487,940.00.. 0.00 0.00 487,940.00 100.00% 0.00 2,425.06 40 Footing Layout,Excavation,Backfill 29,830.00 29,830.00 0.00 0.00 29,830.00 100.00% 0.00 148.26 45 Water Distribution 27,740.00 27,740.00 O.OD 0.00 27,740.00 100.00% 0.00 137.87 50 Sanitary Sewer 16,980.00 16,980.00 0.00 0.00 16,980.00 100.00% 0.00 84.39 55 Storm Drainage 241,120.00 241,120.00 0.00 0.00 241,120.00 100.00% 0.00 1,198.37 60 Asphalt Paving 116,420.00 116,420.00 0.00 0.00 116,420.00 100.00% 0.00 578.61 65 Concrete Curb 38,050.00 38,050.00 X0.00 0.00 38,050.00 100.00% 0.00 189.11 70 Site Concrete 26,520.00 26,520.00 0.00 0.00 26,520.00 100.00% 0.00 131.80 75 Fences and Gates 20,140.00 20,140.00 0.00 0.00 20,140.00 100.00% 0.00 100.10 80 Landscaping 48,630.00 48,630.00 i10.00 0.00 48,630.00 100.00% 0.00 241.69 85 Cast-in-Place Concrete 339,690.00 339,690.00 10.00 0.00 339,690.00 100.00% 0.00 1,688.26 90 Stone Veneer 125,530.00 125,530.00 0.00 0.00 125,530.00 100.00% 0.00 623.88 95 Unit Masonry 41,760.00 41,760.00 10.00 0.00 41,760.00 100.00% 0.00 207.55 100 Structural Steel 121,240.00 121,240.00 0.00 0.00 121,240.00 100.00% 0.00 602.56 105 Framing Carpentry 682,960.00 682,960.00 10.00 0.00 682,960.00 100.00% 0.00 3,394.31 110 Wood Trusses 121,890.00 121,890.00 0.00 0.00 121,890.00 100.000% 0.00 605.79 115 Interior Architectural Woodwork 234,720.00 234,720.00 0.00 0.00 234,720.00 100.00% 0.00 1,166.56 120 Fiberglass Columns 58,430.00 58,430.00 0.00 0.00 58,430.00 100.00%° 0.00 290.40 125 Building Insulation 65,870.00 65,870.00 0.00 0.00 65,870.00 100.00% 0.00 327.37 130 Spray Fireproofing 24,190.00 24,190.00 0.00 0.00 24,190.00 100.00% 0.00 120.22 135 Asphalt Shingle Roofing 219,480.00 219,480.00 10.00 0.00 219,480.00 100.00% 0.00 1,090.82 140 Vinyl Siding 48,630.00 48,630.00 '0.00 0.00 48,630.00 100.00% 0.00 241.69 145 EPDM Membrane Roofing 51,660.00 51,660.00 0.00 0.00 51,660.00 100.00% 0.00 256.75 150 Gutters and Downspouts 25,640.00 25,640.00 0.00 0.00 25,640.00 100.00% 0.00 127.43 155 Joint Sealants 24,320.00 24,320.00 10.00 0.00 24,320.00 100.00% 0.00 120.87 IL 160 Doors,Frames,and Hardware 294,860.00 294,860.00 :0.00 0.001 294,860.00 100.00% 0.00 1,465.45 CONTINUATION SHEET' Page 3 of 7 Application and Certification for Payment,containing • 17 No.Application Contractor's signed certification is attached. In tabulations below,amounts are stated to the nearest dollar. Application Date: 4/24/2014 Use Column I on Contracts where variable retainage for line items may apply. Period: 4/1/2014-4/30/2014 Invoice#: 15647-17 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.: A 1. Item Description of Work Scheduled Work Completed I No. Materials Total % Balance Retainage Value From Previous This Peridd Stored This Completed (G/C) To Finish Application In Place! Period and Stored (C-G) (D+E+F) To Date (Not in E) (D+E+F) 165 Coiling Doors 6,540.00 6,540.00 0.00 0.00 6,540.00 100.00% 0.00 32.50 170 Automatic Sliding Doors 31,710.00 31,710.00 0.00 0.00 •31,710.00 100.00% 0.00 157.60 175 Clad Wood Windows 100,680.00 100,680.00 0.00 0.00 100,680.00 100.00% ' 0.00 500.38 180 Gypsum Board Assemblies 237,920.00 237,920.00 0.00 0.00 237,920.00 100.00% 0.00 1,182.46 185 Ceramic Tile 113,050.00 113,050.00 0.00 '0.00 113,050.00 100.00% 0.00 561.86 190 Acoustical Ceilings 38,530.00 38,530.00 Q.00 0.00 38,530.00 100.00% 0.00 191.50 195 Resilient Flooring and Carpet 210,760.00 210,760.00 0,00 0.00 210,760.00 100.00% 0.00 1,047.48 200 Resinous Flooring 15,820.00 15,820.00 10.00 0.00 15,820.00 100:00% 0.00 78,63 205 Painting 114,040.00 114,040.00 .0.00 0.00 114,040.00 100.00% 0.00 566.78 210 Salon Equipment 4,070.00 4,070.00 10.00 0.00 4,070.00 100.00% 0.00 20.23 215 Cubical Tracks and Curtains 34,080.00 34,080.00 0.00 0.00 34,080.00 100.00% 0.00 169.38 220 Sheet Wall Protection 25,015.00 25,015.00 0.00 0.00 25,015.00 100.00% 0.00 124.32 225 Toilet and Bath Accessories 143,640.00 143,640.00 '0.00 0.00 143,640.00 100.000% 0.00 713.89 230 Misc.Specialties 25,170.00 25,170.00 -'0.00 0.00 25,170.00 100.00% 0.00 125.10 250 Food Service Equipment 314,970.00 314,970.00 10.00 0.00 314,970.00 100.00% 0.00 1,565.36 255 Laundry Equipment 63,020.00 63,020.00 .0.00 0.00 63,020.00 100.000/0 0.00 313.21 260 Horizontal Louver Blinds 12,230.00 12,230.00 16.00 0.00 12,230.00 100.00% 0.00 60.78 265 Fire Protection/Sprinklers 216,380.00 216,380.00 10.00 0.00 216,380.00 100.00% 0.00 1,075.41 270 Plumbing 621,,440.00 621,440.00 10.00 0.00 621,440.00 100.00% 0.00 3,088.56 280 HVAC 580,270.00 580,270.00 0.00 0.00 580,270.00 100.00% 0.00 2,883.94 290 Electric 866,700.00 866,700.00 10.00 0.00 866,700.00 100.00% 0.00 4,307.50 1001 CO#1-Wall Footing WF2.0A -7,800.00 -7,800.00 0.00 0.00 -7,800.00 100.00% 0.00 -38.77 1002 CO#2 Water Tight Pipe for Storm 1,565.00 1,565.00 0.00 0.00 1,565.00 100.00% 0.00 7,78 Interceptor I 1003 CO#2 Alternative Lumber for -8,269.00 -8,269.00 X0.00 0.00 -8,269.00 100.00% 0.00 -41.10 Framing 1004 CO#2 Alternate 17a-Trench Drains -16,756,00 -16,756.00 0.00 0.00 -16,756.00 100.00% 0.00 -83.28 Building'A' i 1006 CO#2 Precast Transformer Vault 6,689.00 6,689.00 1,0.00 0.00 6,689.00 100.00% 0.00 33.24 1007 CO#2 Alternative Exit Signs -2,430.00 -2,430.00 0.00 0.00 -2,430.00 100.00% 0.00 -12.08 1008 CO#2 Revised Storm Drainage 0.00 0.00 10.00 0.00 0.00 0.000/0 0.00 0.00 1009 CO#3 Revised Water Line 4,953.00 4,953.00 1,0.00 0.00 4,953.00 100.00% 0.00 24.62 1010 CO#3 Ceramic Tile Credit -7,000.00 -7,000.00 0.00 0.00 -7,000.00 100.00% 0.00 -34.79 1011 CO#3 Additional Closet Lights 2,669.00 2,669.00 0.00 0.00 2,669.00 100.00% 0.00 13.26 i I! CONTINUATION SHEET Application and Certification for Payment,containing rage 4 of 7 Contractor's signed certification is attached ? Application No.: 17 In tabulations below,amounts are stated to the nearest dollar. Application Date: 4/24/2014 Use Column I on Contracts where variable retainage for line items may apply. Period: 4/1/2014-4/30/2014 I. Invoice#: 15647-17 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.; i !tem Description of Work Scheduled Work ompleted No. lV[aterials Total % Balance Retainage valne From Previous This Period Stored This Completed (G/C) To Finish Application Tn Place Period and Stored (C-G) (D+E+F) I To Date (Not in E) (D+E+F) 1013 CO -#3 Substitute Vinyl Plank -8,500.00 -8,500.00 0.00 i 0.00 -81500.00 100.00% 0.00 -42,24 1014 CO#3 FSK Faced Ceiling Insulation -1,000.00 -1,000.00 0.00 0.00 -11000.00 100.00% 1016 CO#3 Sinkhole Repairs in Proposed 1,406.00 1,406.00 `0,00 0.00 _4,g7 Driveway 0.00 1,406.00 100.00% 0.00 6,99 1017 CO#3 Ceramic Tile for Area A 22,945.00 22,945.00 10.00 Showers 0.00 22,945.00 100.00% 0.00 114.04 1018 CO#3 CAM 17 Electrical Changes 7,498.00 7,498.00 0.00 0.00 7,498.00 100.00% 0.00 37.27 1019 CO#3 CAM 21 PTAC Revisions 17,917.00 17,917.00 ;0.00 0.00 17,917.00 100.00% 1020 CO#3 Canopy Roof Ventilation 1,596.00 1,596.00 0.00 ° 0.00 89.05 i 0.00 1,596.00 100.00% 0.00 7.93 1022 CO#3 CAM 16 Rehab Area Changes 3,078.00 3,078.00 0.00 0.00 3,078.00 100.00% 0.00 15.30 1023 CO#4 Receptacle and Cable Box in 293.00 293.00 10.00 0.00 293.00,100.00% 0.00 1.46 B195 ; 1025 CO#3 Kitchen Equipment Credits -11,190.00 -11,190.00 '0.00 0.00 -11,190.00 100.00% 1026 CO#4 CAM 5 RITE Door Credit -6,800.00 -6,800.00 10.00 o 0.00 -55.61 0.00 -6,800.00 100.00% 0.00 j 1027 CO#4 Water Line T&M Work 31,451.00 31,451.00 -33.80 0.00 0.00 31,451.00 100.00% 0.00 1028 CO#4 CAM 19 Flooring Changes 13,928.00 13,928.00 0.00 ° 156.31 0.00 13,928.00 100.00% 0.00 69.22 1029 CO#7 Flagpoles Credit -5,696.00 -5,696.00 :0.00 0.00 -5,696.00 100.00% 1030 CO#4 LCD Touch Screens 2,802.00 2,802.00 0.00 ° 0.00 -28.31 0.00 2,802.00 100.00% 0.00 13.93 1031 Mo#4 CAM 26 MDF/IDF 24,992.00 24,992.00 10.00 0.00 24,992.00 100.00% 0.00 124,21 Modifications . 1032 CO#4 Sinkhole Remediation#2 3,156.00 3,156.00 0.00 0.00 3,156.00 100.00% 1033 CO#4 Additional Lobb Ceiling 0.00 15.69 Y 9 2,211.00 2,211.00 0.00 0.00 2,211.00 100.00% 0.00 10.99 Framing 1 D34 CO#4 Fire Access Lane 5,992.00 5,992.00 0.00 0.00 5,992.00 100.00% 0.00 Modifications 29,78 1035 CO#4 CAM 31 Courtyard Concrete 2,381.00 2,381.00 0.00 0.00 2,381.00 100.00% 0.00 11.83 1036 CO#4 PTAC Louver Metal Backing -3,000.00 -3,000.00 10.00 0.00 -3,000.00 100.00% Credit 0.00 -14.91 1037 CO#5 Steel,Truss,Framing -515.00 -515.001;0.00 0.00 -515.00 100.00% 0.00 -2.56 Modifications 1038 CO#5 CAM 29 Salon Room Changes 5,089.00 5,089.00 0.00 0.00 5,089.00 100.00% 0.00 25.29 1040 CO#4 S6 Wall Type Change 2,177.00 2,177.00 0.00 0.00 2,177.00 100.00% 1042 CO#4 High Canopy Connection 778.00 778.00 '0.00 ° 0.00 10.82 0.00 778.00 100.00/0 0.00 3.87 1043 Mo#4 Modifications aping/Planting 4,151.00 4,151.00 0.00 0.00 4,151.00 100.00% 0.00 20.63 Modifications 1044 CO#4 CAM 16 Casework•Changes 1 2,698.001 2,698.001 0.00 0.00 2,698.00100.00% 0.00 13.41 i. CONTINUATION'SHEET Application and Certification for Payment,containing I Page 5 of 7 Contractor's signed certification is attached. Application No.: 17 In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items.ma apply. Application Date: 412412014 Y a PP Y Period: 41112014-413012014 Invoice#: 15647-17 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.: B D I Item Description of Work Scheduled Work Completed li No. Value Materials Total % Balance from Previous This Period Stored This Completed (G�C Retainage Application In Place Period To Finish (D+E+F) i and Stored (GG) ip To Date (Not in E) (D+E+F) 1045 CO#5 CAM 34 Cafe Modifications 5,313.00 5,313.00 1046 CO#5 DrivewayUnsuitable Soils 00 0.00 5,313.00 100.00% 0.00 40,238.00 40,238.00 0.00 0.00 40,238.00 100.00% 26.41 T&M l; 0.00 199.98 1047 CO#5 Revised AW1 &AW2 Fixture 3,414.00 3,414.00 Material Cost 0.00 0.00 3,414.00 100.00% 0.00 1048 CO#5 Door SecurityHardware 16.97 5,906.00 5,906.00 %.00 0.00 5,906.00 100.00% Changes 0.00 29.35 1049 CO#5 Reducers for Lugs-Switch 2,999.00 2,999.00 !0.00 Gear&ATS 0.00 2,999.00 100.00% 0.00 14.91 1050 CO#5 TV Rough-In Modifications- 9,731.00 9,731.00 10.00 T&M 0.00 9,731.00 100.00% 0.00 48.36 1051 CO#7 Fire Rated Shrouds 1,093.00 1,093.00 0.00 1052 CO#5 Exterior Wall-Mounted Fixtures 3,952.00 3,952.00 0.00 1,093.00 100.00% 0.00 5.43 1053 C047 Casework Revisions-Shop 2 '0.00 0.00 3,952.00 100.00% 0.00 19.64 Drawing Changes ,090.00 2,090.00 X0.00 0.00 2,090.00 100.00% 0.00 10.39 1054 CO#5 Additional Wall Hydrants- 7,373.00 7,373.00 i0.00 T&M Work 0.00 7,373.00 100.00% 0.00 36.64 1055 CO#5 VE Curtain Track Credit -1,600.00 -1,600.00 .0.00 0.00 -1,600.00 100.00% 1057 CO#7-Panel MHB6 Relocation- 1,669.00 1,669.00 0,00 -7.95 T&M Work 0.00 0.00 1,669.00 100.00% 0.00 8,29 1058 CO#7 HOP Modifications ' 64,995.00 64,995.00 ;,0.00 0.00 64,995.00 100.00% 1060 CO#7-Horizontal Blinds Credit -12,474.00 -12,474.00 0.00 323.03 1061 CO#7-0 0.00 0.00 -12,474.00 100.00% 0.00 -62.00 Oxygen Pad Fence Changes 1,407.00 1,407.00 ;0.00 0.00 1,407.00 100.00% 1064 CO#7-CAM 1 &2 Handrail Credit -6,676.00 -6,676.00 0.00 0.00 6.99 1065 CO#7-Site Entrance Sign Credit -7,949.00 -7,949.00 .0.00 0.00 -6,676.00 100.00% 0.00 -33.18 1066 CO#7-Drywall Beam Wrap in Room 1,220.00 1,220.00 0.00 -7,949.00 100.00% 0.00 -39.51 A279 0.00 0.00 1,220.00 100.00% 0.00 6.06 1068 CO#7-Sinkhole in Shepherdstown 2,136.00 2,136.00 0.00 Road 0.00 2,136.00 100.00% 0.00 •10.62 1069 CO#8-Additional Concrete Sidewalk 18,049.00 18,049.00 !'0.00 &Pads 0.00 18,049.00 100.00% 0.00 89.70 1071 CO#0 CAM 15&18-Nurse Call -14,703.00 0.00 -14,703.00 Credits 0.00 -94,703.00 100.00% 0.00 -735,15 1072 CO#8 Chain Link Fence for Oxygen 4,819.00 4,819.00 0.00 0.00 4,819.00 100.00% 0.00 Pad 23.95 1073 CO#8-Extend Drywall at Bulkheads 3,773.00 3,773A0 I' 1074 CO#8-Dishwasher Hood Control ' 0.00 0.00 3,773.00 100.00% 0.00 18.75 488.00 4$8.00 '0.00 0.00 488.001100.00% 0,00 2.43 i' CONTINUATION SHEET Application and Certification for Payment,containing I' Page 6 of 7 Contractor's signed certification is attached. �; Application No.: 17 In tabulations below,amounts are stated to the nearest dollar. Application Date: 4/24/2014 Use Column I on Contracts where variable retainage for line items may apply. j Period: 4/1/2014-4/3012014 Invoice#: 15647-17 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.: I:, Item Description of Work Scheduled Work Completed i No. Materials Total % Balance Retainage Value From Previous This Period Stored This Completed, (G/C Application In Place:, Period and Stored ) ��Finish (D+E+F) To Date !' (Not in E) (D+E+F) 1075 CO 48-3-Phase Power for Kitchen 1,905.00 1,905.00 0.00 Coiling Door 0.00 1,905.00 100.00% 0.00 9,47 1076 CO#8-Electrical Changes per 3,186.00 3,186.00 0.00 12/2113 Inspection 0. 00 3,186.00 100.00% 0.00 15.83 1077 CO#8-Additional Nurse Call Items 913.00 913.00 0.00 0.00 913.00 100.00% 0.00 4 54 1078 CO#8-Revised Door Hardware for 1,941.00 1,941.00 0.00 A259g 0.00 1,941.00 100.00% 0.00 9,65 1079 CO#8-Replacement Exhaust Fan 1,630.00 1,630.00 0.00 Motor for Kitchen Hood 0.00 1,630.00 100.00% 0.00 8,10 1080 CO#8-Relocate Generator 903.00 903.00 0.00 0.00 903.00 100.00% Annunciator 0,00 4.49 1081 CO#8-Regrade and-New Cover at 1,495.00 1,495.00 0.00 0.00 1,495.00 100.00% 0.00 7.43 DMH-1 I, 1082 CO#8-Remove Receptacles at 360.00 360.00 .0.00 0.00 360.00 100.00% Baseboard Heaters �: 0.00 1.79 1084 CO#8-Install AW Fixtures 1,498.00 1,498.00 10.00 0.00 1,498.00 100.00% 1086 CO#10-CAM 49 Night Lights 16,815.00 0.00 16,818.00 0 0.00 7,45 1087 CO#10-CAM 42 Sprinkler&Steel 6,604.00 0.00 16,815.00 100.00% 0.00 840.75 Beam Enclosures 0.00 6,604.00 0.00 6,604.00 100.00% 0.00 330.20 1088 CO#9-CAM 52-A283 Electrical 1,434.00 1,434.00 Items 10.00 0.00 1,434.00 100.00% 0.00 7.13 i 1089 CO#10-CAM 48 Clean Utility Nurse 590.00 590.00 Call 0.00 0.00 590.00 100.00% 0.00 2,93 1090 CO#9-CAM 47-Relocate Door 4,982.00 4,982.00 [.0.00 ° A284 0.00 4,982.00 100.00% 0.00 24.76 1091 CO#9-Lights in Rated Ceiling 3,687.00 3,687.00 0.00 0.00 3,687.00 100.00% 1092 CO#9-Railings at Area B Porches 2,339.00 0.00 2,339.00 0.00 2,339.00 100.00% 0.00 18.32 1093 CO#9-Changes to Dining Room 494.00 494.00 i'0.00 ° 0.00 116.95 Sinks i1 0.00 494.00 100.00% 0:00 2.46 1094 CO#9 Additional Remote 2,179.00 2,179.00 0.00 0.00 2,179.00 100.00% 0.00 10.83 Annunciator j 1095 CO#10-DOH Above Ceiling 80,937.00 0.00 80 937.00 0.00 80,937.00 100.00% 0.00 4,046.85 Remediation ' 1096 CO#10-Receptacles&Cords for 428.00 0.00 428.00 0.00 428.00 100.00% 0.00 Washer&Dryer 21.40 1097 CO#10-Power&Fire Alarm Wiring 8,049.00 0.00 8,049.00 0.00 8,049.00 100.00% 0.00 402.45 for Doors I CONTINUATION SHEET Application and Certification for Payment,containing Page 7 of 7 Contractor's signed certification is attached. No— In tabulations below,amounts are stated to the nearest dollar. Application No.; 17 Use Column I on Contracts where variable retainage for line items may apply. l yApplication Date; 4/24/2014 Invoice#: 15647-17Contract: I' Period; 411/2014-4/3012014 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No., 13 Item Description of Work (' Scheduled Work Completed E No. Materials Value From Previous Total % i This Period Balance A Stored This Com Retsina Application In Place' Period Completed (G/C) To Finish age (D+E+F) I; and Stored (GG) To bate 1098 CO#9-Relocated Receptacles/Data (Not in E) (D+E+F) Outlets 2,126.00 2,126.00 000 1099 CO#10-CAM 41 Salon Changes 9,713.00 0.00 2,126.00 100.00% D.00 0.00 10,57 1100 CO#10 Deduct for Exhaust Fan � 9,713.00 0.00 Motor -909.00 0.00 9,713.00 100.00% -909.00 0.00 0.00 485.65 1101 CO#10 Sprinkler Head Changes 1,093.00 I' -909.00 100.00% 0.00 0.00 -45.45 1,093.00 0,00 1,093.00 100,00% rand Totals 0.00 54.65 8,208,229.00 8,097,863.00 . 110,366.00 0.00 8,208,229.00 00.00% 0.00 45,518.30 I: I; `i j I I' i' I: i; I i f l: APPLICATION AND CERTIFICATE FOR PAYMENT To owner: Mechanicsburg Real Estate Company,LP Project: 15647-Hollinger Senior Housing- Application No.: 18 4550 Lena Drive,Suite 225 Shepherdstown Road Distribution to: C�] Owner Mechanicsburg,PA 17055 Period: 4/1/2014-4/30/2014 n Architect C� Contractor From Contractor: Warfel Construction Company Ya Architect: Q 1110 Enterprise Road East Petersburg,PA 17520 Project Nos: Contract For: Contract Date: September 2012 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, Application is made for payment,as shown below,in connection with the Contract information,and belief,the work covered by this Application for Payment has been completed 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 I.Original Contract Sum ................... •••••• $7,823,115.00 the Owner,and that current payment shown herein is now due. 2.Net Change By Change Order .................... $385,114.00 CONTRACTOR: Warfel Construction Company 3.Contract Sum To Date .......................... $8,208,229.00 a.Total Completed and Stored To Date............... $8,208,229.00 By: Date: 5.Retainage: Executive V President -0.26% of Completed Work -$21,521.52 Stateof: Pennsylvania County of:Lancaster b. 0,00%of Stored Material Subscribed an orn to before me this -y — day of zo114 $21,521.52 Notary Pub c: LTH • COMMONWEALTH OF PENNSYLVANIA 'Total Retainage My Commission expires: Notarial Seat ....... $0.00 I-." Dawn E.Youndt,Notary Public G.Total Eamed Less Retainage ...................... m field Twp.,Lancaster County $8,208,229.00 gRCHITECT'S CERTIFICATE FOR PAYMENT M my on res , In accordance with the Contract Documents.based on on-site obseravations and PENNSYLVANIA data OF NOTARIES 7.Less Previous Certificates For Payments............ comprising the above application,the Architect certifies to the Owner that to the best of the $8,162,710.70 Architect's knowledge,information,and belief,the Work has progressed as indicated, 8.Current Payment Due ............... the quality$45,518.30 Q alit of the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 9.Balance To Finish,Plus Retainage .......... $0.00 AMOUNTCERTIFIED $ 45,518.30 rCHAANGE ORDER SUMMARY Additionsnges approved Deductions (Attach explanation if amount certified differs from the amount applied.Initial all figures on this Application and on the s months by Owner $412,115.00 $27,001.00Continuation Sheet that are changed to conform with the amount certi/led.) roved this Month $0.00 $0.00 ARCHITECT: TOTALS $412,115.00 $27,001.00 By; Date: Net Changes By Change Orders $385,114.00 This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor named herein.Issuance,payment,and acceptance of payment arc without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET Application and Certification for Payment,containing Page 2 of 7 Contractor's signed certification is attached. Application No. : 18 In tabulations below,amounts are stated to the nearest dollar. Application Date: 4/25/2014 Use Column 1 on Contracts where variable retainage for line items may apply. Period: 4/1/2014-4/3012014 Invoice#: 15647-18 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.: Item Description of Work Scheduled Work Completed No. 1lfaterials Total % Balance Retainage Value From Previous This Period Stored This Completed (C/C Application [n Place Period ) To Finish (D+E+F) and Stored (C-G) To Date (Not in E) (D+E+F) 5 General Conditions 384,989.00 384,989.00 0.00 10 Payment&Performance Bond 0.00 384,989.00 100.00% 0.00 0.00 52,261.00 52,261.00 0.00 0.00 52,261.00 100.00% 15 Mobilization 22,560.00 22,560.00 0.00 0.00 20 Site Layout 0.00 0.00 22,560.00 100.00% 0.00 26,750.00 26,750.00 0.00 0.00 26,750.00 100.00% 0.00 25 Site Clearing 14,450.00 14,450.00 0.00 0.00 0.00 30 Soil Erosion&Sediment Control 11,830.00 0.00 14,450.00 100.00% 0.00 0.00 11,830.00 35 Earthwork 0.00 0.00 11,830.00 100.00% 487,940.00 487,940.00 0.00 0.00 0.00 40 Footing Layout,Excavation,Backfill 29,830.00 29,830.00 0.00 487,940.00 100.00% 0.00 0.00 45 Water Distribution 0.00 0.00 29,830.00 100.00% 0.00 0.00 27,740.00 27,740.00 0.00 0.00 27,740.00 100.00% 50 Sanitary Sewer 16,980.00 16,980.00 0.00 0.00 55 Storm Drainage 0.00 0.00 16,980.00 100.00% 0.00 0.00 9 241,120.00 241,120.00 0.00 0.00 241,120.00 100.00% 60 Asphalt Paving 116,420.00 116,420.00 0.00 o 0.00 0.00 65 Concrete Curb 0.00 116,420.00 100.00% 0.00 0.00 38,050.00 38,050.00 0.00 0.00 38,050.00 100.00% 70 Site Concrete 26,520.00 26,520.00 0.00 0.00 75 Fences and Gates 0.00 0.00 26,520.00 100.00% 0.00 0.00 20,140.00 20,140.00 0.00 0.00 20,140.00 100.00% 80 Landscaping 48,630.00 48,630.00 0.00 0.00 85 Cast-in-Place Concrete 0.00 0.00 48,630.00 100.00% 0.00 0.00 339,690.00 339,690.00 0.00 0.00 339,690.00 100.00% 90 Stone Veneer 125,530.00 125,530.000.00 0.00 125,530.00 100.00% 0.00 0.00 95 Unit Masonry 41,760.00 41,760.00 0.00 0.00 100 Structural Steel 0.00 0.00 41,760.00 100.00% 0.00 0.00 121,240.00 121,240.00 0.00 0.00 121,240.00 100.00% 105 Framing Carpentry 682,960.00 682,960.00 0.00 0 0.00 0.00 110 Wood Trusses 121 0.00 682,960.00 100.00% 0.00 0.00 ,890.00 121,890.00 0.00 0.00 121,890.00 100.00% 115 Interior Architectural Woodwork 234,720.00 234,720.000.00 0.00 0.00 0.00 234,720.00 100.00% 0.00 0.00 120 Fiberglass Columns 58,430.00 58,430.00 0.00 0.00 58,430.00 100.00% 125 Building Insulation 65,870.00 65,870.000.00 0.00 130 Spray Fireproofing 24,190.00 24,190.00 0.00 0.00 65,870.00 100.00% 0.00 0.00 135 Asphalt Shingle Roofing 219,480.00 219,480.00 0.00 0.00 24,190.00 100.00% 0.00 0.00 140 Vinyl Siding 0.00 0.00 219,480.00 100.00% 0.00 0.00 48,630.00 48,630.00 0.00 0.00 48,630.00 100.00% 0.00 0.00 145 EPDM Membrane Roofing 51,660.00 51,660.00 0.00 0.00 51,660.00 100.00% 0.00 150 Gutters and Downspouts 25,640.00 25,640.00 0.00 155 Joint Sealants 0.00 0.00 25,640.00 100.00% 0.00 0.00 24,320.00 24,320.00 0.00 0.00 24,320.00 100.00% 0.00 0.00 160 Doors,Frames,and Hardware 294.860.001 294,860.00 0.00 __�_ 0.00 294,860.00 100.00% 0.001 0.00 CONTINUATION SHEET Application and Certification for Payment containing Page 3 of 7 Contractor's signed certification is attached. Application No.: 18 In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. Application Date: 4/25/2014 y Period: 4/1/2014-4/30/2014 Invoice#: 15647-18 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.: Item Description of work Scheduled Work Completed No. Value Materials Total From Previous This Period Stored This Completed Balance Retainage Application In Place Period (G/C) To Finish (D+E+F) and Stored (C-G) To Date (Not in E) (D+E+F) 165 Coiling Doors ----"'�- 6,540.00 170 Automatic Sliding Doors 6,540.00 0.00 0.00 6,540.00 100.00% 7ro). 31,710.00 31,710.00 0.00 0.00 175 Clad Wood Windows 100,680.00 0.00 31,710.00 100.00% 0.00 180 Gypsum Board Assemblies 100,680.00 0.00 0.00 100,680.00 100.00% j 237,920.00 237,920.00 0.00 0.00 237,920.00 100.00% 0.00 i 185 Ceramic Tile 113,050.00 113,050.00 0.00 190 Acoustical Ceilings 0.00 0.00 113,050.00 100.00% 38,530.00 38,530.00 0.00 UO 38,530.00 100.00% 0.00 195 Resilient Flooringand Carpet 210,760.00 210,760.00 0.00 0.00 200 Resinous Flooring 15,820.00 0.00 0.00 210,760.00 100.00% 0.00 15,820.00 0.00 0.00 15,820.00 100.00% 0.00 205 Painting 114,040.00 114,040.00 0.00 0.00 210 Salon Equipment 0.00 0.00 114,040.00 100.00% 4,070.00 4,070.00 0.00 0.00 0.00 215 Cubical Tracks and Curtains 0.00 4,070.00 100.00% 0.00 0.00 34,080.00 34,080.00 0.00 0.00 34,080.00 100.00% 220 Sheet Wall Protection 25,015.00 25;015.00 0.00 0.00 225 Toilet and Bath Accessories 0.00 0.00 25,015.00 100.00% 0.00 143,640.00 143,640.00 0.00 0.00 143,640.00 100.00% 0.00 230 Misc.Specialties 25,170.00 25,170.00 0.00 0.00 250 Food Service Equipment 0'00 0.00 25,170.00 100.00% 314,970.00 314,970.00 0.00 0.00 0.00 255 Laundry Equipment 63,020.00 0.00 314,970.00 100.00% 0.00 0.00 260 Horizontal Louver Blinds 63,020.00 0.00 0.00 63,020.00 100.00% 12,230.00 12,230.00 0.00 0.00 0.00 265 Fire Protection/Sprinklers 216,380.00 216,380.00 0.00 12,230.00 100.00% 0.00 0.00 270 Plumbing 0.00 0.00 216,380.00 100.00% 621,440.00 621,440.00 0.00 0.00 0.00 280 HVAC 0.00 621,440.00 100.00% 0.00 580,270.00 580,270.00 0.00 0.00 580,270.00 100.00% 0.00 � 290 Electric 866,700.00 866,700.00 0.00 0.00 r 1001 CO#1-Wall FootingWF2.OA 0.00 0.00 866,700.00 100.00% -7,800.00 -7,800.00 0.00 0.00 0.00 1002 CO#2 Water Tight Pipe for Storm 1,565.00 1,565.00 0'00 -7.800.00 100.00% 0.00 0.00 Interceptor 0.00 0.00 1,565.00 100.00% 0.00 j 1003 CO#2 Alternative Lumber for 0.00 -8,269.00 -8,269.00 0.00 0.00 -8,269.00 100.00% Framing 0.00 0.00 1004 CO 42 Alternate 17a-Trench Drains -16,756.00 -16,756.00 Building'A' 0.00 0.00 -16,756.00 100.00% 0.00 1006 CO#2 Precast Transformer Vault 0.00 I 6,689.00 6,689.00 0.00 0.00 6,689.00 100.00% 1007 CO#2 Alternative Exit Signs -2,430.00 -2,430.00 0.00 0.00 1008 CO#2 Revised Storm Drainage 0.00 0.00 0.00 -2,430.00 100.00% 0.00 0.00 1009 CO#3 Revised Water Line 0.00 0.00 0.00 0.00 0.00% ,, 4,953.00 4,953.00 0.00 0.00 0.00 � 1010 CO#3 Ceramic Tile Credit -7,000.00 0.00 4,953.00 100.00% 0.00 0.00 I 1011 CO#3 Additional Closet Lights -7,000.00 0.00 0.00 -7,000.00 100.00% '------ -_ 9 2,669.00 2,669.00 0,00 0.00 0.00 0.00 2,669.00 10().00%1 0.00 0.00 CONTINUATION SHEET Application and Certification for Payment,containing Page 4 of 7 Contractor's signed certification is attached. Application No. : 18 In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. Application Date: 4/ y Period: 4/11/2011201 4 4-413012014 Invoice#: 15647-18 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect`s Project No.: --A Item Description of WorkScheduled Work Completed No. Value Materials Total % Balance From Previous This Period Stored This Retainage Application In Place Completed (G/C) To Finish Period and Stored (C_G) (D+E+F) To Date - (Not in E) (D+E+F) -1013 CO#3 Substitute Vinyl Plank -8,500.00 - I 1014 CO#3 FSK Faced Ceiling Insulation -1,000.00 -1,000.00 0.00 0.00 -8,500.00 100.00% 0.00 0.00 -1,000.00 100.00% 0.00 0.00 1016 CO#3 Sinkhole Repairs in Proposed 1,406.00 1,406.00 0.00 0.00 Driveway 0.00 0.00 1,406.00 100.00% 0.00 1017 CO#3 Ceramic Tile for Area A 0.00 Showers 22,945.00 22,945.00 0.00 0.00 22,945.00 100.000/0 1018 CO#3 CAM 17 Electrical Changes 7,498.00 7,498.00 0.00 0.00 1019 CO#3 CAM 21 PTAC Revisions 17,917.00 17,917.00 0.00 0.00 7,498.00 100.00% 0.00 0.00 1020 CO#3 Canopy Roof Ventilation 0.00 0.00 17,917.00 100.00% 0.00 1,596.00 1,596.00 0.00 0.00 1021 PCO#21 Oxygen Pad Revisions 0.00 1,596.00 100.00% 0.00 0.00 i 0.00 0.00 0.00 0.00 0.00 0.00% 1022 CO#3 CAM 16 Rehab Area Changes 3,078.00 3,078.00 0.00 0.00 1023 CO#4 Receptacle and Cable Box in 0.00 293.00 0.00 3.078.00 100.00% 0.00 0.00 i B195 293.00 0.00 0.00 293.00 100.00% 0.00 0.00 1025 CO#3 Kitchen Equipment Credits -11,190.00 -11,190.00 1026 CO#4 CAM 5 RITE Door Credit 0.00 0.00 -11,190.00 100.00% 0.00 -6,800.00 -6,800.00 0.00 0.00 1027 CO#4 Water Line T&M Work 31,451.00 0.00 -6,800.00 100.00%0.00 0.00 31,451.00 100.00 0.00 0.00 1028 CO#4 CAM 19 Flooring Changes 13,928.00 13,928.00 % 0.00 0.00 0.00 1029 CO#7 Flagpoles Credit -5,696 0.00 13,928.00 100.00% 0.00 0.00 1030 CO#4 LCD Touch Screens .00 -5,696.00 0.00 0.00 -5,696.00 100.00% 2,802.00 2,802.00 0.00 0.00 0.00 1031 CO#4 CAM 26 MDF/1DF 0.00 2,802.00 100.00% 0.00 0.00 24,992.00 99200 10000%24,992.00 0.00 0.00 24, . . Modifications 0.00 0.00 1032 CO#4 Sinkhole Remediation#2 3,156.00 3,156.00 Ceilin 0.00 0.00 3,156.00 100.00% 0,00 0.00 1033 CO#4 Additional Lobb Y 9 2,211.00 2,211.00 0.00 0.00 2,211.00 100.00% Framing 0.00 O,Op 1034 CO#4 Fire Access Lane 5,992.00 5,992.00 Modifications 0.00 0.00 5,992.00 100.00% 0.00 1035 CO#4 CAM 31 Courtyard Concrete 2,381.00 0.00 1036 CO#4 PTAC Louver Metal Backing -3,000.00 2,381.00 0.00 0.00 2,381.00 100.00% -3,000.00 0.00 0.00 Credit O.OD 0.00 -3,000.00 100.00% 0.00 1037 CO#5 Steel,Truss,Framing -515.00 0.00 Modifications -515.00 0.00 0.00 -515.00 100,00% 0.00 0.00 1038 CO#5 CAM 29 Salon Room Changes 5,089.00 5,089.00 Type Chan a 0.00 0.00 5,089.00 100.00% 0.00 0.00 1040 CO#4 S6 Wall T yp 9 2,177.00 2,177.00 0.00 0.00 2,177.00 100.00% 0.00 1042 CO#4 High Canopy Connection 778.00 778.00 0.00 1043 CO#4 Landscaping/Planting 4,151.00 0.00 0.00 778.00 100.00% 0.00 0.00 Modifications_ ' _ 4,151.00 0.00 0.00 4,151.00 100.00% 0.00 0.00 _...__.._M,yW„_.,,,„,�....w;.:�aurduw+waxuc+iya+me•�neau. mm wnxxnxaw,..nna.-.m,,u. .,�. ,.,.,,.�+R-m•e,o-.,.-n..«, .�,�.. .......,.,......,..,.,..,.......................................•-....-.-�.._�.«._..... _-_^'___--..._.._.._�.._..�_.__..-._,....... .. _ ONTINUATION SHEET Application and Certification for Payment,containing Page 5 of 7 Contractor's signed certification is attached. Application No.: 18 In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. Application Date: 4/25/2014 y Period: 4/1/2014-413012014 Invoice#: 15647-18 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.: Item Description oflVork NO Scheduled Work Completed Materials Total Value Fr=nT Stored This Balance Retainage Completed (G/C) To Finish APeriod and Stored To Date (C-G) (Not in E) (D+E+F) 1044 CO#4 CAM 16 Casework Changes 2,698.00 2,698.00 1045 CO#5 CAM 34 Cafe Modifications 5,313.00 51313.00 0.00 0.00 2,698.00 100.00%- 0.00 0.00 0.00 1046 CO#5 Driveway Unsuitable Soils 40,238.00 40,238.00 0.00 5,313.00 100.00% 0.00 0.00 T&M 0.00 0.00 40,238.00 100.00% 1047 CO#5 Revised AW1 &AW2 Fixture 0.00 0.00 Material Cost 3,414.00 3,414.00 0.00 0.00 3,414.00 100.00% 1048 CO#5 Door Security Hardware 5,906.00 0.00 0.00 Changes 5,906.00 0.00 0.00 5,906.00 100.00% 1049 CO#5 Reducers for Lugs-Switch 0.00 0.00 Gear&ATS g 2,999.00 2,999.00 0.00 0.00 2,999.00 100.00% 0.00 0.00 1050 CO#5 TV Rough-In Modifications- 9,731.00 9,731.00 T&M 0.00 0.00 9,731.00 100.00% 0.00 1051 CO#7 Fire Rated Shrouds 0.00 1,093.00 1,093.00 0.00 0.00 1,093.00 100.00% 1052 CO#5 Exterior Wall-Mounted Fixtures 3,952.00 3,952.00 0.00 0,00 1053 CO#7 Casework Revisions-Shop 2,090.00 0.00 0.00 3,952.00 100.00% 0.00 0.00 Drawing Changes 2,090.00 0.00 0.00 2,090.00 100.00% 0.00 0.00 1054 CO#5 Additional Wall Hydrants- 7,373.00 7,373.00 T&M Work 0.00 0.00 7,373.00 100.00% 0.00 1055 CO#5 VE Curtain Track Credit 0.00 1057 CO#7-Panel MHB6 Relocation- -1,600.00 -1,600.00 0.00 0.00 -1,600.00 100.00% 1,669.00 1,669.00 0.00 0.00 0.00 T&M Work 0.00 1,669.00 100.00% 0.00 0.00 1058 CO#7 HOP Modifications 64,995.00 64,995.00 1060 CO#7-Horizontal Blinds Credit -12,474.00 -12,474.00 0 00 0.00 64,995.00 100.00% 0.00 0.00 0.00 -12,474.00 100.00% 0.00 1061 CO#7-Oxygen Pad Fence Changes 1,407.00 1,407.00 0.00 0.00 1064 CO#7-CAM 1 &2 Handrail Credit -6,676.00 0.00 0.00 1,407.00 100.00% 0.00 -6,676.00 0.00 0.00 -6,676.00 100.00% 0.00 1065 CO#7-Site Entrance Sign Credit -7,949.00 -7,949.00 0.00 0.00 1066 CO#7-D 0.00 0.00 -7,949.00 100.00% 0.00 I Drywall Beam Wrap in Room 1,220.00 1,220.00 0.00 0.00 A279 0.00 1,220.00 100.00% 0.00 0.00 1068 CO#7-Sinkhole in Shepherdstown 2,136.00 2,136.00 Road 0.00 0.00 2,136.00 100.00% 0.00 1069 CO#8-Additional Concrete Sidewalk 18,049.00 0.00 &Pads 18,049.00 0.00 0.00 18,049.00 100.00% 0.00 1071 CO#9 CAM 15&18-Nurse Call -14,703.00 -14,703.00 0.00 0.00 Credits 0.00 -14,703.00 100.00% 0.00 0.00 1072 CO#8 Chain Link Fence for Oxygen 4,819.00 4,819.00 Pad 0.00 0.00 4,819.00 100.00% 0.00 0.00 1073 CO#8-Extend Drywall at Bulkheads 3,773.00 3,773.00 0.00 0.00 3,773.00 100.00% 0.00 _....� 0.00 CONTINUATION SHEET Application and Certification for Payment,containing Page 6 of 7 I Contractor's signed cenification is attached. In tabulations below,amounts are stated to the nearest dollar. Application No.: 18 Use Column I on Contracts where variable retainage for line items may apply. Application Date: 4/25/2014 y pp y Period: 4/1/2014-4/30/2014 Invoice#: 15647-18 Contract: 15647-Hollinger Senior Housing-Shepherdstown Road Architect's Project No.: Item Description of Work No. Scheduled Work Completed Value From Previous - Materials Total % This Period Stored This Completed Balance Retainage Application In Place Period (G C) To Finish (D+E+F) and Stored (C-C) To Date 1074 CO#8-Dishwasher Hood Control - (Not in E) (D+E+F) 1075 CO#8-3-Phase Power Kitchen 488.00 488.00 0.00 _ 1,905.00 0.00 488.00 100.00% 0.00 Coiling Door 1,905.00 0.00 0.00 0.00 1076 CO#8-Electrical Changes per 3,186.00 1,905.00 100.00% 0.00 3,186.00 0.00 i 1212/13 Inspection 0.00 0,00 3,186.00 100.00% 1077 CO#8-Additional Nurse Call Items 0.00 0.00 1078 CO#8-Revised Door Hardware for 913.00 913.00 0.00 1,941.00 1,941.00 0.00 913.00 100.00% 0.00 A259B 0.00 0.00 1,941.00 100.00% 0.00 1079 CO#8-Replacement Exhaust Fan 0.00 0.00 Motor for Kitchen Hood 1,630.00 1,630.00 0.00 1080 CO#8-Relocate Generator 0.00 1,630.00 100.00% 0.00 0.00 Annunciator 903.00 903.00 0.00 1081 CO#8-Regrade and New Cover at 0 00 903.00 100.00% 0.00 0.00 DMH-1 1,495.00 1,495.00 0.00 1082 CO#8-Remove Receptacles at 0.00 1,495.00 100.00% 0.00 0.00 Baseboard Heaters 360.00 360.00 0.00 1084 CO#8-Install AW Fixtures 0.00 360.00 100.00% 0.00 0.00 1086 CO#8-I CAM 49 Night r Lights 1,498.00 1,498.00 0.00 g 9 16,815.00 16,815.00 0.00 1,49$.00 100,00% 0.00 0.00 1087 CO#10-CAM 42 Sprinkler&Steel 0.00 0.00 16,815.00 100.00% Beam Enclosures 6,604.00 6,604.00 0.00 0.00 D.00 1088 CO#9-CAM 52-A283 Electrical 0.00 6,604.00 100.00% 0.00 0.00 Items 1,434.00 1,434.00 0.00 1089 CO#10-CAM 48 Clean Utility Nurse 590.00 0.00 1,434.00 100.00% 0.00 0.00 Call 590.00 0.00 0.00 590.00 100.00% I 1090 CO#9-CAM 47-Relocate Door 0.00 0.00 A284 4,982.00 4,982.00 0.00 1091 CO#9-Lights in Rated Ceiling 3,687.00 0.00 4,982.00 100.00% 0.00 0.00 1092 CO#9-Railings at Area B Porches 3,687.00 0.00 0.00 3,687.00 100.00% 1093 CO#9-Changes to Dining Room 2 494.00 2'339.00 0.00 0.00 0.00 0.00 2,339.00 100.00% 0.00 Sinks 494.00 0.00 0.00 1094 CO#9 Additional Remote 0.00 494.00 100.00% 0.00 0.00 Annunciator 2,179.00 2,179.00 0.00 1095 CO#10-DOH Above Ceiling 80,937.00 0.00 2,179.00 100.00% 0.00 0.00 Remediation 80,937.00 0.00 0.00 80,937.00 100.00% 4281096 CO#10-Receptacles&Cords for 0.00 0.00 Washer&Dryer .00 428.00 0.00 1097 CO#10-Power&Fire Alarm Wiring 8,049.00 0.00 428.00 100.00% 0.00 0.00 for Doors 8,049.00 0.00 0.00 8,049.00 100.00% 0.00 0.00 I:ET Application and Certification for Payment,containing Contractor's signed certification is attached. In tabulations below,amounts are stated to the nearest dollar. Lyse Column i on Contracts where variable retainage for lint items may a � Page of 7 g Application No.: 18 Invoice#: 15647.1$ Y PP1Y• Contract: 15647- Application Date: 4/25/2014 Hollinger Senior Housing-Shepherdstown Period: 4/1/2014- item Road Architect's Project No.; 4/30/2014 No Description of Work Scheduled Work Completed Value From Previous This This Period Total ApplicationStored This % Balance "-- In Place Completed (D+E+F) Period and Stored (C/C) Retainage To Finish 1098 CO#9`_Relocated Rece To Date (C-C) Outlets ptacles/Data 2,126.0 (Not in E) (D+F,+F) 1099 CO#10-CAM 41 Salon Changes 2,126.00 0.00 1100 CO#10 Deduct for Exhaust Fan 9'713'00 0 00 2'126.00 100.00% Motor 9,713.00 0.00 0.00 1101 CO#10 Sprinkler Head Changes -909.00 -909.00 0.00 0.00 0.00 9,713.00 100.00% 1,093.00 0.00 -909.00 100.00% 0.00 0.00 i 1,093.00 0.00 rand Totals 0.00 0.00 0.00 L..._.-.---.....�_ _ 1,093.00 100.00% 8,208,229.00 8,208,229.00 0.00 0.00 0.00 0.00 8,208,229.00 00.00% 0.00 0.00 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY N 011i l f -5 F li b CUMBERLAHD CUSP( P ENNS.{ 0101 I I Warfel Construction Company vs. Mechanicsburg Real Estate Company, LP Case Number 2014-6228 SHERIFF'S RETURN OF SERVICE 10/27/2014 03:26 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Christy A. Rinker, Paralegal, who accepted as "Adult Person in Charge" for Mechanicsburg Real Estate Company, LP at 4550 Lena Drive - Suite 225, Lower Allen, Mechanicsburg, PA 17055. CHRISTOP cif." ARPE, DEPUTY SHERIFF COST: $39.79 SO ANSWERS, October 28, 2014 RONR ANDERSON, SHERIFF (c) O,ountySuito Sheriff, T e!eoscf . Inc.