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Home My WebLink About00-00498 "",.',-" l -- _'_d'......,.__~"','__'o,'~,"~~.._ ",'c, .,,,.,.._,__"'~"'~~~"'"' . ~ """",,,,,,,,,,-~,,,",~~,,",,,,,,,,,".L.". "-~ "" ~ ~ "~ lIII~ilI"Ii!l~~llllMl!fif.:~__ ~ '...... COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Noc ,;}.OC> 0 -~ eu; l '7;" ~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAMe: OF APPEl.l.ANT J'ac.l< Le../!'.<.... a...~/Ar' "...Jet /.e"ke('" ADDRESS OF APPE;l.l.ANT . CITY fAG. DIST. NO. OR NAME; OF D.J. tJ,. - 1_ d J CI."..f<" /\-, C/G""e.+, ;J,.. STAT'" 61P CODE; DATE; OF ~UJ;lG E;NT IN THE CASE; OF IPi""',,1Ij 81",.. M I -, 00 {, ~,,*,I 1"2. ")I? '1'1 {(),.I,'''a..,,'-' Nt; VtU~o <l.~d W" '-+- CV 1'9,' , 0 OD()b' a!~,... '1,.fr LT 19" , ..."",,, . notatior;' is "required under Pa. __ V5. ~t.Kle....ICer o......}"Y" Lh..dco. L<.-.ks"r SIGJiI,ATURE OF APPE,l"ANT"OR HIS ATTORNEV OR AGENT 6..-,.,."" Ie.. u, ...0(""1 P.II. JJo)C.76~ Cq_P HI'1 rlt ,,,.,ol-c.:J68 ,f;.'t... 1-<', i, '. ~ ~ 'Tf"llo~ h Cl.AIM NO. Signature of Prothonotarv or DeputV If appellant was Claimant (see Pa. R.C.P.J.P. No. 7007(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. operate as I,', ,HR~ECIPI;, TO 'ENTER RUL,E TO IF!LI; CQMPL.",.INT AND RULE TO FILE" (This sectioT! of form tQ be use,dONLY ~hen.appellant was DEFENDAIVrisqf', I'a, RcC:P.).P, No, /OOl(1) in action hefore District Justieec IF IVOT USED, det~sh frorr)"cppypf,no;iseC(f ~Rf?,",q/fqbeserved upon {lppellee}, PRAECIPE: To Prothonotary , ' . :',' ',':-' ,'...,I:r- ,'Enter ru'(e up'on "Na.lJ(A4:~() dt:,Wt'\-~5~1;.., ~ , appellee(s), to ,file a complaint in this appeal /) Name of appeffee(s) " - (Common Pleas No,~C)Oc.) - 49P L _I lJ: (cr-~n twenty (20) days after service of rUI'e or suffer entry of judg~ent of non pros. (J..Jc:7 Signature of appellant or his attorney or agent , appellee!,) 1-' :', c (1) You are noti,fiedthat a rultis hereby, e6tElred upqn you to file a complaint in this appeal within twenty (20) days after the date of service 6lthis rule ~n f~u ~Y:jj~rsonal'~ervi,c~r by certifigd or registered mail. ' (2) If youdo notfile a COml?~intiQithl~ 'this timej,a JU~(;MENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. . r'":J ',.1 ; i" ::"1 c' '- -- :' '/' (3) The date of service of :his rule..'f $'rVi~e wa~,,~y ma;Hs the date mailing, ',9 ,,,' , '" c:", Date: _ J~.1 :J ~ ,~ .,),..d-) i ,(' Y, _ . /j , j \ " White.... Prothonotary Copy Green ---- Court Fife Copy Yel/ow... Appel/ant's Copy Pink ,...., Appel/ee Copy Gold ....,. Dc J. Copy ~~liM!\'if~ ,<1",~,\\t<Ml.'li ",':;'! ,'~' -- ~ ,,"~ d'<s~' '","J,,"" -;>",,-~:,~,,_,,<,;, '- ,<_:'t'~/~$'...ti:";i~[l~""'-f~=~_r<.;,"~": c,"1_"~~__'j,"",.if.i',-""A["1"~t.-~~ii*~'I:lil~~i\fJ~Ij;l0"~"7.;1',,,, : ~f :1 ." t;. '.:" ,- ~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO, FlbE COMPLAINT (This proof of service MUST BE feiLED WITHIN TEN (10) DA YSAFTE;R filing the noticlro/cappeal. Check ,applicable boxes) , " I a copy of the Notice of Appeal, Common Pleas No. ___, upon the District Justice design-ated-therein on ldate of servic:eJ' : :,~ '1'g~, 0 by personal service 0 by (certified) (f~~istered) mail, sender's recei-pt attache'Cl hereto, arld upon tne 'appellee', (JiameJ~_~~ "DIY. ,19__Ll by personal s'ervice D by (certified)' (registered) mail, 'sende'r's receipt attached hereto.' File a Complaint accompanying the above Notice of Appeal upon the appellee(~') to ,cI9~~" 0 by personal service 0 by (certified) (registered) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; 55 AFFIDAVIT: I hereby swear or affirm that I served [J o and further that I served the Rule to whom, the .Rul~ was ,addressed on mail. sender's receipt attaChed hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS D,tI,Y OF . 19~, Signature of official before whom affidavit was made Title of official /,;, " My commission expires on ,.l9~c ;k .,,~, (/) '~'& ~)'.~ ~Y' J 1 ~ ~ (, (t:J'.~ ~ J,J r ~ e ~' ~ cc' V"-t, ~ t ]:J ~l ~ F~ o c: S. -00:;' rnrn 2,::1:' ZC (/.2'dC;' L.. c,<::O ~8 J>c: ~ co CO '- ,~ , ::t.:~ Nt, 0" "Q" , :::w;;." , 'ca' ,We N Signature of affiant C) ," ~"..! r:~"i<E ~~n I" ..';',0 <:'0 ~-- I" 'O::D 2~' ~ ,~' L.. _<" ,._, """"' ~ -", - .~l ~li"d" I "t.r,::;'bMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 NOTICE OF ,JUDGMENTlTRANSCRIPT)l CiVIL CASE PLAINTIFF: NAME and ADDRESS 'NAvARRO", WRIGHT 151 RENO AVE. CONSULTING ENGINEERS INC ~ CUMBERLAND, PA 17070 VS, DEFENDANT: NAME and ADDRESS 'LENKER, JACK &/OR LINDA RR#l- BOX 67A BLAIN, PA 17006 L -, Mag. Dist. No.: DJ Name: Hon. CHARLES A. CLEMENT, JR. Add"'~' 1106 CARLISLE ROAD CAMP H!LL, PA ~ Telephoo., (717) 761-4940 17011 I ATTORNEY DEF PRIVATE : DARRELL C. DETHLEFS ESQ 3805 MARKET STREET CAMP HILL, PA 17011 Docket No,: CV-0000503'99 Date Filed: 11/16/99 ~ __:, "._c .... .-' . 'J! " THIS IS TO NOTIFY YOU THAT: c Judgment: 00 Judgment was entered for: I. ~. nRFArrL"[I LTm1GMRNT PT.TF (Name) lITlt.Vlt.RRn ~ WRTaH'l' 00 Judgment was entered against: (Name) T.F.lITlfF.R. .Tlt.CK ~/OR T.TNnA in the amount of $ 6, ?c;~ 06 on: (Date of Judgment) 1?/?Rlqq . D Defendants are jointiy and severaily liable. D Damages wili be assessed on: D This case dismissed without prejudice, (Date & Time) Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 6,157,56 Judgment Costs $ 95.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 6,253,06 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ~,2~~.~~ ", D D D Levy is stayed for days or D generaily stayed. Objection to levy has been filed and hearing will be held: , Date: Place: Time: . - , ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FII:tNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISIO~ YOU MUST INCLUDE A COPY OF T S NOTICE OF JUDGMENTITR arC13IF1T FORI\iUN.tT yq.UR NOTICE OF APPEAL. :, "\ I I 0, '0' r h ~..- ~', / . ..f; I ,: - ,;" 12/28/1999 Date" istrict Justice ./' -,. I certify that this is a true and correct copy of the record of the proceedings contai~g the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2002 SEAL ";,.-- '-:'1,:/f ......- ,. " . '^, ..- <" ~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL , FROM , JUDICIAL DISTRICT Notice is given that the appellant has' filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAMIi! 01'" APPIi!L.L.ANT :r~d< L.....t..,.. 0..:.1.... L.."d... k...k",.-- AeDRESS OF APPEL.J,.ANT ' CITY IMAGe o,nc "Oc OR "AMe OF Oc'c O~ - 1_ d I C l,"rl<J A-. C/e,.,,,.-+- 7,- STATE ' ZIP CooE 1"2. .B' '1'1 81".... M !Jo,,6 ..Jl.R 1:1= I DATE OF JUDG IN THE CASE OF IPI",,,,,O) IfJ"'''"a,,,'1! N4VC.Oo <l~d /.v.. ,,+-, VS. J4)_Nlc"l.Ict!',- o.....~}~.". LI....d~ Lc-}(r,r SIGf;I,ATu~a OF APPEiLANT OR HIS AT'T<:)RNEY OR AGENT 6(.0.... 1(. U I \,0,.., r-) (j, v. Bo;c ~?6~ (Q_P 14 Iii {'A 1">0(11- 0.168 CL.AIM O. CV19 ooot.l6'o3-'1'f LT 19 This block will be signed 'ONLY .wher) 'this notation is required under Pa. RcC.P.JcPc Noc lO08Bc This Notice of Appeal, when received by' the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. G-- K- U/ , 11-../\ r:u..""'l"'lIo, ~ Signature of Prothonotary or Deputy If appella(1t was Cla;mant (see Pa. R.C.PJP. No. 1001(6) ;n action before D;strict Just;ce, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL PRAECIPE TO ENTER RULE TOFILE COMPLAINT ANDF!ULE TO FILE IThis section of form to be used ONL y, wheli appellant wasOEF,ENOANT Isee Pa, RcC,?.J.?. Noc '/001(7) in action before District .Justice. IF NOT USED, detach from copy of.notice of appeal to be served ulJon appel/ee). PRAECIPE: To Prothonotary Enter rule upon Nt:> Va (',q ,}' ,U/, .~k+-. ,appelleelsl. to file a complaint in this appeal (] Naeappellee(sJ (Common Pleas Noc .,;;)OOc) - 49P ,,' 'u', ( IjL"~ twenty (201 days after service of rule or suffer entry of judgment of non pros, CJ.-lc.r;/ RULE: To !\Java"",,,, .,l-W"j,,-l- Name of appellee(sl Sifjnature of aPP,ellan't Dr his attorney.or agent . appellee(s) (1) You are notifiEld that a rule is hereby entered upon you to file aC9mplaint in this ~ppealwithin twenty (20) days after the date of service ,of this rul,e upon ,you,byp~rS0n?l, service or by certified or registered mail: , :,:~:" .:.~".' " " ,', "_, .:,' : l \: . (2) If you do not file a COmPi~ibtwithin this tirri~i,a:'~lJDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. ",,;,. ' 'd ", ' 'i' ;:;" :.,..,;';-- (3) The date of service of:F\is rule if Service was by ;rri~il is the,da:ae mailing, , '9, " { , r ~ ' ~ Date: ~ Ji:lAl ;,; 1_ . W ~rlCr) " .~ (;._ G-J g . ~,- ~-;:;~~_.r--- - -Signature of rothonotary or Deputy " -.,~ , 1\ l' "",~-"" "\ ""'..............""- White '''' Prothonotary Copy Green -~-~ Court File Copy Yel/ow... Appel/antes Copy Pink .."" Appel/ee Copy Gold m", D. .J. Copy ,,'<I'f'~ . dj:h" 4i '-':'~~~~!t\i'!.(!lIJI@;!W*,,~?'I-i'fi~!2'~~~;<'''='''~~:,~jlli(~',1'i!;";~'-"~'1:'.$"~'"-"'1'"-j*,,,,",;Vl~!r..'4_'''''''-'''"'S""",!l;''''''''''''''~'''-';';''~J&' ~\~'ii>>t,',-S--"""'~ .')11 ',;,,,,, . 'o,'J>~~!"I,~ ':",~~'fl~;~~!Il~i~"'N""~, """"I'""";"*'I,..,."",~,,,!l'l[o.;;;,!W~Ji<';jiJfl"'i..;-' ~'i-",~"i'""~""Ulli"","-~;''''''ii''f-;. - ." . . < ~ t,,, PROOF OF SERVICE OF NOTICE OF APPEAl. AND RULE TO FILE COMPLAINT (This proof of service MlJST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYlV ANIA COUNTYOF Cv,-.~..I,,-<t ;ss AFFIDAVIT: I hereby swe,lr or affirm that I served ~ a copy of the Notice of Appeal, Common Pleas No,Cl-OOO-Yfg ,upon the District Justice designated therein on Idate of service} 11311 l'O 2.000, 0 by personal service ~ by (certified) (registeredl mail, sender's I I' l,D receipt attached hereto, ana upon the appellee, (name) A),Q.~I'/Q..Q-~~_~___ ,on J.f 31/ ,rQ,1COo [l by personal service ~a by (certified) (registered) mail, sender's receipt attached hereto. ~ and further that I served the Rule to File a whom the Rule Was addressed on_~' mail, sender's receipt attached hereto. Complaint accompanying the above Notice of Appeal upon the appellee(s) to ,''9.~~ 0 by personal service ()d-. by (certified) (registered) {j... (c ? Signature of affiant My commission expires on O?/05 . .~LbOJ 0 C' 0 C Cl -'11 $;: .." -00) '"', :!l mm CO Z-n " ZC, I rn ~Z N ,:'y ~...)C) ~C) -0 ,.::171 ~o _L --n ::r:. (:>-:::;: 7C... )>8 - om ~ ,. ~ 0 -< Notarial Seal Sheny L Deckman, Notary Public Hampaen lWp" CumberIanCI County My Commillaion Expl... Feb.5, ~1 Mornbel', l'8MoytvimJa_clN_ ~~...J.......-j. , ..";~I.'~ I , jl ~ 'Gi SENDER: "C . Complete items 1 and/or 2 for additional services. ";jj . Complete items 3, 4a, and 4b. ~ . Print your name and address on the reverse of this form so that we can return this _ card to you. eI) II Attach this form to the front of the maUplece, at on the back if space does not ! permit. ' . Write NRetum Receipt Requested" on the maUplece below the article number. ~ . The Return Receipt will show to whom the article was delivered and the date ... delivered. a: 3. Article Addressed to: l~~ ~ thaJth./rk~rud, 41. II~ (!~~CXML ~t1ntp ~ lL) P4 /1DI/ nt) '~ '::1 o >- .!! PS Form 3811, D""ember 1994 , ~> I also wish to receive the following services (for an extra fee): 1c 0 Addressee's Address 2c 0 Restricted Delivery Consult postmaster for fee. r17"t:"q!:D 4/6 4bc SelVice Type o Registered o Express Maii o Return Receipt for Merchandise 7. Date of D livery ~ 8c Addressee s Add and fee is paid) ,; " c~ " Ul 15. 'is " " 0: ~ ~ ror ;; .,...Certified 0: o Insured g- O COD .~ l; - ::I O. >- .. ~ .. .c ... 102595-98-8-0229 i>>I'.*li& Return Receipt SENDER: .Complete items fand/or 2 for additional services. . Complete ltems-3, 4a, and-4b. . Print your name and address on the reverse of this fonn so that we can return this card to you"_.._ -'. . . Attach this-1\!mn to the front of the' mailpiece, or on the back. if space does not permit. II Write "Return Receipt Requested" on the mailpiece below the article number. . The Return Receipt will show to whom the article was delivered and the date delivered. ' ~. " " '0 " l!! .. > f " 5 ~ o " ~ i5. E .0 " 3, Article Addressed to: tfiVWD Ci- WA~i CtJMuHi n. ,F, 'YwJJ, JM 161 LfC. {JjlJ) ~IL I New furx-WJ{l~ P,4 11/)1{) 5. Received By: (Print Name) Be Signature: (Addressee or Agent) Xl!Cj~ :, i, PS Form 3811, December 1994 , i ~ " , i;. i.. ,~ ::I g, .!! I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2, 0 Restricted Delivery Consult postmaster for fee. 4a, Article Number 4'lltJ q 0 4bc SelVice Type o Registered o Express Mail D Return Receipt for Merchandise 7. Date of Delivery \ :]1 oD 8. Ad essee's Address (Only if requested and fee is paid) 8 .~ " Ul 15. 'is " " 0: ~ ~ ;; i:il Certified 0: o Insured g- .DcaD c~ ~ .E ::I g, .. ~ .. .c ... " .... " NAVARRO & WRIGHT CONSULTING ENGINEERS,INC" : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v, : No, 2000-498 CIVIL TERM JACK AND LINDA LENKER, husband and wife, Defendants NOTICE 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 defenses or objections to the claims set forth against you. Yau 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 LAcWYER AcT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAcNNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAcN GET LEGAcL HELPc Cumberland County Bar Association 2 Liberty Ac venue Carlisle, PAc 17013 (717) 249-3166 :.,-, - ..__c_ ,c_'".., .". ,-_ _~' . ' f' " NAVARRO & WRIGHT CONSULTING ENGINEERS, INC" : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v, : No, 2000-498 CIVIL TERM JACK AND LINDA LENKER, husband and wife, Defendants COMPLA TNT Ie The Plaintiff is Navarro & Wright Consulting Engineers, Inc. (hereinafter "Navarro & Wright"), a corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 151 Reno Acvenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendants are Jack Lenker and Linda Lenker, husband and wife (hereinafter "Lenkers"), residing at RR. #1, Box 67A, Blain, Pennsylvania, 17006. COUNT I BREACH OF CONTRA.CT 3, On or about June 24, 1998, Navarro & Wright and the Lenkers entered into a written agreement whereby Navarro & Wright was to provide design services to the Lenkers relating to a project known as Woodland Acres Campground (hereinafter the "Project") and in return the Lenkers agreed to pay Navarro & Wright on a time and expenses basis in accordance .' with Navarro & Wright's Schedule of Hourly Rates and Charges Professional Services, which schedule was attached to the agreement. Ac true and correct copy of the aforesaid agreement further specifYing the services to be performed by Navarro & Wright is attached hereto as Exhibit Ac. 4. The Project work was divided into two phases: Phase I - Septic System Design = Price not to exceed $2,640,00 Phase II - Collection System Design = Price not to exceed $4,500.00 5. Defendants Lenkers are the record owners of the property encompassing the Project. 6. Navarro & Wright performed all of the design services in a workmanlike manner and submitted its invoices to the Lenkers. 7. The total amount invoiced was $7,140 not including interest. 8. True and correct copies of the invoices sent by Navarro & Wright to the Lenkers are attached hereto as Exhibit B. 9. To date, the Lenkers have paid Navarro & Wright the total amount of $2,000, leaving a principal balance due in the amount of $5,140. 10, Despite demand, the Lenkers have failed and refused to pay the balance due for the services rendered by Navarro & Wright. 11, The Lenkers' failure and refusal to pay the full amount for the services rendered by Navarro & Wright constitutes a breach of contract. 2 , ' " 12c As a result of the Lenkers' breach of contract, Navarro & Wright has suffered damages in the amount of $5,140 not including interest. 13. Ac11 conditions precedent to the bringing of this action have occurred or have been performed. WHEREFORE, Plaintiff, Navarro & Wright Consulting Engineers, Inc" respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, Jack Lenker and Linda Lenker, in the amount of $5,140, plus interest and costs. COUNT II - IN THE llTERNAcTIVE IJN.mST ENRICHMENT/QJJANTlJM MERUIT 14. Plaintiff incorporates herein by reference paragraphs one (1) through thirteen (13) above as if set forth fully, 15, The services provided by Navarro & Wright were necessary for the completion of the Project and were utilized by Lenkers to construct the Project. 16, The prices for the services charged by Navarro & Wright are fair and reasonable and are the prices agreed to by the Lenkers. 17. Acs a result of Navarro & Wright's services, the Lenkers have been unjustly enriched. 18, It would be unjust to permit Lenkers to retain the benefits of Navarro & Wright's services without paying for same, 3 - -'I, ,','", '-'-. . ' " WHEREFORE, Plaintiff, Navarro & Wright Consulting Engineers, Inc, , respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, Jack Lenker and Linda Lenker, in the amount of $5,140, plus interest and costs, COUNT III VIOLATION OF THE PENNSYLVANIA CONTRACTOR AND SUBCONTRACTOR FA YMRNT ACT (73 F.S. &501 et seq.) 19, Plaintiff incorporates herein by reference paragraphs one (1) through eighteen (18) above as if set forth fully. 20. The Pennsylvania Contractor and Subcontractor Payment Act (hereinafter the "Act") applies to agreements for design services such as the one between Navarro & Wright and the Lenkers. 21. The Lenkers are "owners" and Navarro & Wright is a "contractor" as those terms are defined under the Act. 22. The invoices attached hereto at Exhibit B reflect work performed by Navarro & Wright on property owned by Lenkers pursuant to a written or an oral contract, 23. Under the Act, Navarro & Wright, as contractor, is entitled to payment from Lenkers inasmuch as it has performed the work under the agreement in accordance with the provisions of the agreement. 24. Under the Act, the Lenkers are obligated to pay Navarro & Wright upon receipt of Navarro & Wright's invoices. 4 25, Under the Act, if the Lenkers fail to pay any progress or final payment to Navarro & Wright within seven (7) days, the Lenkers are obligated to pay Navarro & Wright beginning on the 8th day, interest at the rate of one percent (1 %) per month or fraction of a month on the balance that is at that time due and owing. 26, In accordance with the Act, the Lenkers are permitted to withhold payment for deficiency items provided that they notify Navarro & Wright within seven (7) calendar days of the date of the invoice was received. 27. In accordance with the Act, if the Lenkers believed that an invoice submitted by Navarro & Wright was incorrect, improper or contained charges for deficient work, the Lenkers were required to provide notice to Navarro & Wright of same within seven (7) calendar days of receipt of Navarro & Wright's invoice. 28, The Lenkers never provided Navarro & Wright with notice that any of the work performed was deficient or that any invoice submitted was improper or inaccurate, 29. In accordance with the Act, the failure to timely pay an invoice subjects the Lenkers, as owners, to interest at the rate of one percent (1 %) per month beginning on the 8th day after the payment has become due nnder the Act. 30. In accordance with the Act, the Lenkers are also liable for statutory penalties equal to one percent (1 %) per month on the unpaid amounts identified in the invoices attached hereto as Exhibit B, as well as attorneys' fees and expenses incurred by Navarro & Wright in seeking payment of these invoices, 5 "- , - ,'~ 31. The Lenkers' failure and refusal to pay Navarro & Wright's invoices in full constitutes a violation of the Act. WHEREFORE, Plaintiff, Navarro & Wright Consulting Engineers, Inc., respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, Jack Lenker and Linda Lenker, in the amount of $5,140, plus interest, costs, statutory penalties and attorneys' fees. Respectfully submitted, Date: February 11,2000 REAGER, ADLER & COGNETTI, P.c. T~ Attorney J.D. No, 67987 23 31 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff 6 , , ~~ "', ":"~,., ,I , .'GeiVeCl; 21 2/ 0 9:00; -> REAGER ADLER & COONETTI -; Page 2 FQb-02-00 qa:S4A " P.02 .I1.n 1 '] 1:'8" PROFESSIONAL SERVICJ<:S AGREEMENT 0698.PE40 Woodland Acres Campground c/o Jack and Linda Lenker RR. I,Box67A Blain, PA17bo6 Navarro & Wright Consulting Engineers, Inc. ISI Reno Avenue New Cumberland.'pA 17010 (717) 441-2216 June 24,1998 The purposcofthis Agreement is to form the basis for Navarro & Wright Consulting Engineers, Inc. (Navarro & Wright) to provide consulting engineering services to Woodland Acres Campground (Woodland) for desib'Il ofan elevated sandmound system and sewage collection system to service Woodland Acres Campground. The work has been divided into two (2) phases, as requested, Navarro & Wright will provide the services identified in the Scope of Services below, SCOPE OF SERVICES Phase I .. Elevated Sandmound Sxstem Desil!tt 1, Based on percolation and soil probe report provided by the Tyrone Township Sewage Enforcement Officer, dated June, 1998, Navarro & Wright shall design an elevated sandmound system consisting of the following components: a Holding Tank(s) b,. Oosing Tank(s) c. Distribution Piping d. Drain Field Design shall be in accordance with PA DEP standards for public facilities. Constmction details and 24xJ6 inch pIau will be provided for contractor's installation of the system. 2. Navarro & Wright will complete permit application for approval by local Sewage Enforcement Officer 3. Navarro & Wright will set corner stakes for sandmouud system for construction by others, _.~."- . I, 1_. '-~Ce.1VeC1; 2/ 2/ 0 9:00.; -> REAGER ADLER & COGNETTI Page 3 FQb-02,-OO qS:S5A P.03 " Phase 11- SeW81!e Collection SvstelliDesil!R . .' Conduct topographical survey of approximately 16 acres, 2, Prepare ~op(Jgraphical plan of the propcrY with two-foot contours, showing existing permanent structures, walkways/paths, streets, playground and other surface features deemed pertinent to the design of the sewage coUecticm system, '" '--',- , ' ' , 3. D:sign coliection 'system to service approximately 85 trailers/campers Design will iricluMillliins,lajeralsand cleanouls and shall be in accordance withPA DEP applicable regulations, 4 Navarro& Wright will provide plans and profiles for collection system construction, Estimated lell!,oth of sewer main is approximately 3,000 lineal feet, SPECIFIC SERVICES tXCUffiED Service~ resulting frot'rl signiflcantdumgeslo the general Scope of Services beyond thecoritrol of Navarro &Wrlght Suchfevisions include, but are n(lt limited to, changes in size, complexity, Scheduling., or character of the engineering required to complete the project, 2, Investigations and studies beyond those. furnished in the Scope of Services, Such investigations 8JId studies may include, but not be limited to, soils investigation studies, economic impact evaluations, aDd process licensing, traffic impact studies and off-site utility design, . 3 Arrangement of and attendancc at any meeting in exCess ofthe number ofmeelings listed iil the Scope of Services, 4 Costs for permits, fees and licenses. 5. Property easements, appraisals or negotiations with property owners. 6. Archaeological,' historical preservation, hazardous waste, wetlands or aquatic or terrestrial habitat investigations or reports, 7. Procurement of construction pcrmits, 8. Construc:tion observation/inspection services, 2 ,~~ceive(j: 21 2/ 0 9:00; ',- , - -~~ '" -> REAGER ADLER & COGNETTI " , Page 4 FQb-02-00 OS:SSA P.04 Navarro & Wright can providc or coordinatcany or all oftbeabove services, if necessary, based on an ameIldment to this Agreement Woodland Acres and Navarro & Wright shall, at the time ofamendment, agree to an equitable adjustment based on a time and expenses basis. SCHEDULE Navari6& Wtighfwill initiate work on this project irmnediately uponreeeipl of authorization froIl! Woodland Acres, It is estimated that Phase I - Septic System Design will beeomplete within 30days and Phase II - Collection System Design will be complete within 30 days. WOODLAND ACRES }U;SPONsmlLITIES Desi~,'nate a person to act as its representative with respect to the services 10 be rendered under thisAgreemellt. Such person shall have complete authOlity to transmit instruetions,.receive information, and interpret and deflneWoodlandAcres' policies arid decisions pertaining thereto within a reasonable time sO as not to delay the services of Navarro & Wright. 2. Arrange for access to and make all provisions for Navarro & Wright to enter upon public and private property as required for Navarro & Wright to perform its services 3 Obtain approvals and pennits from and pay lees of all governmental authorities having jurisdiction over the project, and such approvals and eonscnts from others as may be necessary for completion of the project. 4. Assist Navarro & Wright by placing at its disposal all available information pertinent to the project including previous reports and any other data relative to the work covered herein. 5 Examine all studies,.reports, sketches, drawings, specifications, proposals, and other documents presented by Navarro & Wright, obtain advice of an attorney, insurance eounselor, and other consultants as Woodland Acres deems appropriate for such examination, and render in writing decisions pertaining thereto within a rcasonable time so as not to delay the servicesofNava!To &' Wright. 6 Provide such ac<.';ounting, legal and insurance counseling services as may be required by Woodland Acres tor the project or .as Navarro & Wright may reasonably request with regard to legal, accounting, and insuranee issues pertaining to the projecl including any that may beraisecl by the 'contractor 3 .C81vec: 2/2/09:01; L J" I~ , ~ '".<~~ l.' .el. . -> REAGER ADLER & COGNETTI -j Page 5 '~i FQb-02-;-OO QB:55A P.OS 7 (Jive prompt written notice to Navarro & Wright whenever Woodland Acres observes or otherwise beeomesa"Yarc of any development that affects the scope or timing of Navarro & Wright's iervices or becomes aware ofany'unsatisfactory schedule. COMPENSATiON In consideration for the services performed by Navarro & Wright in accordance with this Agreement, Woodland Acres shall pay Navarro & Wright on a time and expenses basis in accor.dance with Navll1"ro & Wright's Schedule of Hourly Rates and Charges for Professional Services", which is attached, Work done in subsequent years shall be at the rates and eharges applicable to that year, a copy of which will be supplied to Woodland Acres Phase I - Elevated Sandmound System Design - The total fees as descrtbed in the Scope of Services Will Not Exceed Two Thousand Six: Hundred Forty Dollars ($2,640,00), Phasc II - Collection System Oesign - The total fees as described in the Scope of Services Will Not Exceed Four Thousand Five Hundred Dollars ($4,500.00), In the eventthat such services are altered by a modification to this Agreement, Woodland Acres and Navarro & Wright shall, at the time of such modification, also agree to an equitable adjustment to that Not to Execerl value stated above. 00 I t' ..... 1.- . An invoice will be rendered every thirty. days <.J pot. 0> t>1? e 1'0 (\ --- I n order to imttate one or both phases, please initial on the line adjaeent to each phase, Phase r - Septic System Design C1. ,,' '1__11 ..'-_ odland Acres c;;;t;:ound Phase n - Collection System Design D.fl!) .' o land Acr;:-C;;;pg;~~ 4 , '~':e1ve(': 2/2/0 9:01; FQb-02700 QB:5SA "'." - ~ - - >, REAGER ADLER & COGNETTI 'j" ~ag~, 6 P.06 THE TERMS OF THIS AGREEMENT SHALL REMAIN OPEN FOR ACCEPTANCE FOR A PRR.IODOF.THlRTY (30). DAYS FORTHE ABOVE DATE, AFTER WHICH TIMf.NA V ARRO&WRIGfiTRESERVES THE RIGHT TO REVIEW, REVISE, OR WITHDRAW TffiS AGREEMENT THE ATTACHED STANDARD TERMS AND CONDiTIONS ARE INCORPORATED rNTO AND A PART OF THIS AGREEMENT Woodland Acres Campground BY~{'~ Printed Nam;.;::sc...r..t (\. L6.J1..a::n.. TTTLE:~,~{\e.\ DATE. 7..J5'Cjy B N~;~2:E_'U& y pa~-i~o, P,E. TITLE:_.~~{)G~7 . By (;Aa" ili'__0 ~{:J 1--1--- Charles E. Wright TiTLE; Jt:.c..... #..IJ)/-.L..r . DATE: JuJ<l. 24-, f1rf . 5 , 'c'ceivecJ: 21 21 0 9:01; "'- .,. ~ ~ > REAGER ADLER & COGNETTI ".,1. " Page 7 I _~ "I FQb-02~OO qS:56A P.07 NA V i\RRO & WRKiHT CONSULTING ENGINEERS, INC SCIIEI}(JLE OF HOlTRL Y RAn,S AND CHARGES 'fOR PROFESSIONAl, SERVICES Cajemiar Y car 199.~ Compensation for PersOlUlel sh.all be in accordance with the following hourly rates: CLi\SSl FlCAJ10N rOsnTQNs. llm~ y R.l\TF Principal, Senior Project Prolessional $60.00 2 Project Specialist $58,00 , " Senior Project Designer, . AutoCADD Technician $4500 'f Professional Surveyor $60,00 5 Surveying: Two Man Crew $72.00 b. Designer, Technician $36,00 7 Adminisfrative Support $28,00 II Compensation jor expenses and other charges shall be as follows: Tc1cphonc'Fax Outside Services $0.30/Mile Net cost Schedule supplied upon request Net cost plus 15% Net cost plus] 5% Ivlikagc Commercial Travel/Living Expenses Data Processing and Duplicating Work IlL CWD equipment charges are included within hourly rates. TV Statements "111 he rendered monthly and ale payable UpOIl receipt. v Certificates of insLlrance covcrage will be suppUed upon request, Y I h:ccprions to or deviation from [Uly ofthe foregoing terms shall be valid only a,<; spccific:illy and mutually agreed upon, vn Charges are subject to revision, (,,.;q~-O~ " '.' ,~' , c,' , -> REAGER ADLER & COGNETTI j Page 8 .._"'~ FQ~-02~OO ~a:56A 2/2/09:01; p.oa "(;elveo: ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT STANDARD TERMS AND CONDITIONS , 1998,by and between NAVARRO (hereinafter "Navarro & Wright") and THIS ADDENDUM, made this _ day of & WRIGHT CONSULTING ENGINEERS, INC, Woodland Acres CamPQround (hereinal1er "Client"). WHEREAS, Navarro & Wright is a consulting engineer firm located in New Cumberland, Cumbet1and County, Pennsylvania, 17070 which provides numerous consulting engineering services; and WHEREAS, conterllPoraneously herewith, Navarro (, Wright 'and Client have entered into a Professional Service Agreement (hereinafter referred to as "Agreement") which terms are specific to Navarro & Wright and Client; and WHEREAS, the parties desire to provide for the additional standard tenns and conditions in the form of this Add..ndum to be incorporated and made a part of the Agreement. NOW, THEREFORE, in consideration of the mutual covenanUl and conditions contained herein and With the intention of b..ing I..gally bound, the parties do hereby agree as follows: 1. OPINION OF PROBABLE. COSTS, Opinion of probable construction and related COSUl. financing and acquisition of land and righls-of-waypreparedby Navarro & Wright represent Ils jUdgm..nt as a d..sign pnif..ssional-andare supplied for the general guidance of the Client- Since Navarro &Wrighl has no control overcoS!of labor, materials, equipment ,or services furnished byolhers, over contractors' m..thodsof d~terrnining plices,overcost offinaneing, acquisition of land or righfs-of-way, or over competitive blading, market or negotiating conditions, Navarro &. Wright does not guarantee that any such opinions WIll not vary from actmll costs or contraj:tors'bids to the Client, 2 OWNERSHIP OF DOCUMENTS. Drawings. specifications, reports. and digitized versions thereof, furnish..d by Navarro &. Wright under the Agreement shall be the property of the Client subject to the following conditions: (a) (b) (c) (d) Navarro &. Wright shall be entitled 'to k....p copies of all such documents; Navam~ &. Wright shall hav.. the right to use the intellectual property contain..d In such documents; All proprietary infonnation of Navarro & Wright Including formulae, calculations, standards and compiJ1er prO\lrams Used in preparation of the documents, shall remain the properiy of Navarro & Wrighl; Documents fumished by Navarro &. Wright under the Agreement are not to be reused by the Cli..nl or any other person for ..xtensions of th.. proj..ct for which they were prepared or on any other project. Any reuse of the documents without specific written v..rification or adaptation by Navarro & Wright will be at the Cliel1t's sole risk and withoUt liability to Navarro (, Wright. Client shall indemnify and hold Navarro &. Wrighl harmless froma,;,d against any claims or damag..s resulting from such reuse of documenls. Any verification or adaptation of the documents ~ ,-.,,- ._~. , ~ ". -0>. 'f'>r:::eivecJ: 21 21 0 9:02; -> REAGER ADLER & COGNETTI Page 9 FQb~02:-00 OS:S6A . ' P.09 by Navarro & Wright will entitle Navarro & Wright to further crATlpensation at rates t() be agreed to by the Client and Navarro & Wright; and (e) Final reports. drawings and specifications will be maintained by Navarro & Wright in accordance w~h Navarro & Wright'S ReClJrd Retention Program. 3, .GHANGI\'[), C9NDITIONI:t. NavarroI'. Wri{jht 'has uSed its prOfessional judgment in establishing IhescopeDf sewicesalld fees for thisprojec1, given ihe infomiationprovio&d by the c;lienl or known to. Nay'arro&\NiightatiQ'u! the project's .nalureand., risks and qurrenl I;;IWS, OO<!es,. regulations, standards andpel1'll~cohdi1ionsineffectthirjy (30) daysprjor 10 the date of the proposaUAgreemenl. Occurrences or discoveries th8t,were not. originally c'ontemPlated by or known or NavarroI'. Wright shall const~ute changed coiJditions and. shall require an equ~able adjustment in scope, schedule and/or fee under the Agreement If Navarro 8. Wright should request an adjustment to the Agreement. Navarro & Wright shall identify the changed conditions. and the Client shall promptly and in good fa~h enter into a renegotiation of the Agreement. If the Client refuses to renegotiate, Navarro & Wright may terminate the Agreement. 4, ADDITIONAL WORK. The Client or Navarro & Wright may, from time to time, Quring. the couroe of the wrk reqUl.\stchimges or modifications in the "llcope of Services" to be performed. Such changes and/or modifications, incjuaing ilny inerease or aecrease in the amount of Navarro. & Wright's compensation, which"are mutually agreed upon between. the Client.llnd Navarro & Wiight shall be incorporated in written amendments to tne Agreement In the event the Client desi...... add~ional work perfonned which. is not. coverea by the. proposal and/or Agreement, the parties shall execute an amendmenUo the Agreement, and Navarro & Wright shall be paid forthe a<lditional work in accordance with the tenns and condilio.ns for extra Work as set forth in the Agreement. 5, OELAYS. . In the event of delays through no fault of Navarro & Wright, the Client shall pay all costs which have been feasonablyincorred by Navarro & Wright in suspending the services including all costs incurred in reactivating the services. This is in addition to compensation for services performed and costs incurredpriorto suspensii:m. 6_ WARRANTY AND REME'-OY. Navarro & Wright warrants that it shall exert the degree of care and 8,.i1l in .the RCrfo(fflance of. its services normally exercised by similar professionals under simBar circumstances This w..rranty is in lieu of and j!xcludellall ot,",rwanaJlties whether expressed or. implied, by operation of law or otherwise, including any warranty of fitness for particular purpose. Navarro & Wright'~ Iiatlility to the Client for losses, injuries, damages or expenses arising from Navarro 8. Wright's services under the Agreement .and which are covei'fld by Navarro & Wright's general liabiltly insurance shall be limrted to Navarro & Wright's general liability insurance coverage. For any other losses. injuries, damages or expenses arising from Navarro & Wright's services, Client agrees that Navarro & Wright's total aggregate liability therefore shall not exceed the amount of Navarro & Wright's service revenue under the Agreement. ' I I I i I , .,J I ' , I I For. purposes of the Agreement and this Addendum, the term "liable" and "liability" shall mean liability of any kind that may be fOllnQ. to rest upon Navarro. & Wright whether arising from the negligence of NavarroI'. Wright, its. subcontral'lors,agents, or employeeS, breach of warranty, breach of contract, slrict or absolute liability, and/or any other cause, 7. .PAn:NTS~ Navarro & Wright wHlnot conduct patent searches in. th~ performance of its services and assumes no responsibility or liability for any patentor .copyrightinfringement arising Iherefrom, Nothing contained herein shall be construed as a warranty or representation that anything made, used or sold arising out of the services' provided for the project will be free from infringement of patenls, 8, TERMS OF PAYMENT. In Ihe even! that payment is not made thirty (30) days from date of ~.. L~_ " )., " -> REAGER ADLER & COGNEiTI ~""o' L rc "c'ceivecJ; 2/ 2/ 0 9:03; Page 10 FQb-02~bo OB=57A P.10 billing. mtares! will be chal1Jedat the rate of one and <me-half f'erceot (1.5%) per month on the outstanding balance. or th.e maximum amount permitted by law. 9, SUSPENSION Of SERVICES. If payment of Navarro & Wright's invoices is not maintained in accordance with Paragraph 8, Terms olPayment, Navarro & Wright may after providing Client with ten (10) <lays ",rttten notice to cure, suspend further seNlces without liability until the Client has paid in full all amounts due Navarro & Wright on account of services rendered and expenses incurred, inclUding interest on past due invoices. Suspension exceeding ninety (90) days shall, at Navarro & Wright's option, make the Agreement subject 10 renegotiation or termination. Any suspension shall extend the time scheduled for performance in a manner that is satisfactory to Navarro & Wright. 10, TERMINATION. The Agreement for Navarro & Wright's services may be terminated by either party upon thirty (30) days prior wrttten notice to the other party, Inthe event of termination, Navarra & Wright shall be compensajecl for services performed and expenses incurred up to the date of tenninatiori, plus reaspllable actual costs incurred by Navarro & Wright as a result of a termination by the Client. . 11, SUCCESSORS AND ASSIGNS. The Agreement and this Addendum shall be bimling upon the parlills and their respeelive successor and assigns, Navarro & Wright may employ such independent consultants, associates, and subcontractorn as it may deem appropriate. Nothing in the Agreement or this Addendum shall be construed to give any right or benefits to anyone other that the parties. 12. SEVERABILITY AND REFORMATION. Any provision or part thereof of the Agreement and this Addendum held to be void or unenforceable under any law or order of court shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Client and Navarro & Wright. 'In addition. the parties agree that the Agreement and this Addendum shall be reformed to replace'slich Sfrickenprovision(s) orpa[l(s) thereof with valid and enforceable provision(s) which come as close as possible to expressing the inteniion of the stricken provision(s), 13, EMPLOYEE LIABILITY. The Client acknowledges that Navarro & Wright is a corporation and agrees that any claim made by the Client arising out of any ael or omission of any director, officer or employee of Navarro & Wright in the exeGlltion or performance of the Agreement, shall be made against Navarro & Wright and not against such individual director, officer or employee, 14, FORCE MAJEURE, Client and Navarro & Wright agrlle that 1here shall be no Iiabilrty on the part of eilher party for any failure or delay in ttle performance of any obligations hereunder reSUlting from any cause beyond their reasonable control, including, but not limited to, acts of Gott; acts or omissions of civil or. militaryaut!lority: acts or omiSSions ot contractors or suppliers; fires: floods: epidemiCS; quarantine restrictions; severe weather; strikes; embargoes; wars; political strife: riots; delays in transportation; compliance with any regUlations or directives of any national, state, local or municipal govemment or 'anydepadment!h"reof;fuel, power, materials Qr labOr shortages, 15. NOTICES. Any notice given in conneelion with the Agreement or this Addendum shall be giVen in writing and shall be deliverlld either by hand to the other party or by certified mail, retum receipt requested, \0 the other party at the other party's mailing address slated in the Agreement by giving notioe of the change in accordance with this paragraph, 16 ASSIGNMENT, ihe Agreement or Addendum may nof be assigned by either party without the other parties prior written pennissiOn. 17. . WAIVER. The waiver by either party ot a breach of any ptovislon of the Agreement or this Addendum shall riot operate, or be construed as a waiver ot any subsequent breach. 18 MODIFICATIONS. No change, modification or waiver "fany term of the Agreement or this Addendum shall be valid unless it is in writing and signecl by both parties, ':'"i,,', , ,~'ceivE!>d : 21 21 0 9:03; .~'" ~,,' ~, -> REAGER ADLER & COGN~TTI Page 11 FQb-02~00 qB:S7A P.ll 19, ENTIRE AGREEMENT. The Agreement and this Addendum constitutes the entire agreement between the parfies and supersedes all prior agreements or understandings between the parties, whether oral or wi"itten. 20, APPLICABLE LAW. The Agreement and this Addendum shall be governed by, and eonslrtled and enlorGed in accordance with, the laws of the Commonwealth of Pennsylvania without regard to ils Conflicts of law principles, . 21, HEADINGS. The headings have been inserted for convenience only and are not to be consldereo when interpreting the provisions of the Agreement or this Addendum. 22. COUNTERPARTS, The Agreement and this Addendum may be executed in two or more counterparts, each of which shali be cleemed an original but ali of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties, intending to be legally bound, have duly executed this Addendum as of the date first above written, Ii C{J {;.W /, Charles E. Wright, Seer Navarro & writht Cons-ulling Engineers, Inc, n ;jP-v~ P ul J Navarro, President signature) Witness: '1 &rl-' ,. cre ary or authori ad signatufe) oodland Acres Campground Oi!.;fJ ,^., . lUJ .~ NAVARRO & WRIGHT CONSULTING ENGINEERS, INC. INVOICE February 8, 1999 CLIENT: Jack A Lenker, Ir. R.R. I, Box 67A Blain, P A 17006 PROJECT: Woodland Acres Campground Navarro & Wright Project No, 0598-PE40 ~,-,\ \ -_....-- PAST __ ,', "J_"'"''' "'- Services provided: - Design of sewage collection system for Woodland Acres Campground - Design and Permitting of Elevated Sandmound System for Sewage Disposal at Woodland Acres Campground AMOUNT DUE Interest . December 11, 1998 - January 11, 1999 - February 11, 1999 TOTAL AMOUNT DUE ?IA" cl d- - d-S~S~ Fee $4,500.00 $2.640,00 $7,140.00 $ 107.10 $ 108,71 $ 11 0.34 $7,466.15 d.- v co. 00 5 ~Gb.1 t; Paymerit Due Immediately Upon Receipt 't S 'l.L. ';!lIT' h rJ (VI J- (' I -T 'll""-r-t-t+ ,-vtc.1d_?CcL{N1e., ("101 ~:tj;o>T C;~ I'\Ve. L ..J... .J. I ' 0 . , q_J b k .....,- I -r &VII{ fVlC.}ce 4("\ 4.+e,..p-r 't'O P"II ev(r'1 d-veekS. ul:T lAC 01\, INAL L ....l- 151 Reno Avenue . NewCumberland,PA 17070' Phone; 717-441-2216 . FAX: 717-441-2218 c-;!,,,,,j; 1ft/v -:J;01..- . :~ . " " " " - ~.'- .,.,. ',,' '~-. . ~-', -, .. '''-- ~! ,.. ) po.. ('",\.nl/).~(~'i-SIOI. $1J NAVARRO & WRIGHT CONSULTING ENGINEERS, INC. L....vOICE July 12, 1999 , 0'" ',"'j.C'" CLIENT: Mr. and Mrs. Jack Lenker, Jr. R.R.l, Box 67A Blain, P A 17006 PROJECT: Woodland Acres Campground Navarro & Wright Project No, 0598-PE40 Services provided: Fee - Design of sewage collection system for Woodland Acres Campground 54,500,00 - Desism and Permitting of Elevated Sandmound .... ...... System for Sewage Disposal at Woodland Acres Campground $2.640,00 ORIGlNAL CONTRACT 57,140.00 Interest -December 11,1998 - January 11, 1999 . February 11, 1999 $ 107.10 $ 108,71 $ 110.34 ORIGlNAL CONTRACT PLUS lNTEREST $7,466.15 PAYMENT RECEIVED 2/25/99 $2.000.00 ~ SUBTOTAL $5,466.15 Interest - March 25, 1999 - April 25, 1999 - May 25, 1999 . June 25, 1999 S 81.99 S 83,22 S 84.47 S 85,73 TOTAL AMOUNT DUE $5,801.56 ~ Payment Due Immediately Upon Receipt Interest of 1.5 Percent Will Be Added to Unpaid Balance 151 Reno Avenue . NewCumberland.PA 17070' Phone; 7]7.441-2216 . FAX, 717-441.2218 t, , -~ -1-, ~ .-< ' ~~,,- .", " '. .- VERIFICA TION I, Paul J. Navarro, P.E., hereby verify that I am the President of Navarro & Wright Consulting Engineers, Inc., and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities, Navarro & Wright Consulting Engineers, Inc. By: P.w~~,~ President Date: il11loo ~ , " , "',"',,', ",' ,,' ," CERTIFICATE OF SERVICE AND NOW, this 14th day of February, 2000, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Brian K. Zellner, Esquire 3805 Market Street Camp Hill, PA 17011 Jack and Linda Lenker RR #1, Box 67A Blain, P A 17006 -'" '" -~ " ; " , ~ , " ","""" ~' , " " -, ,~ ~~!i~,:!' ~.- T'~ (,; r'>- =1~; 2~ ~>(-- ~ -, REAGER, ADLER & COGNETTI, P.C, ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 (717) 763.'1383 o ~,~:~ (:) ~~ ,,,.; -,-, '.'7 ~..O t:-:) : '\ '. (~} -'-', (.."") r ~~~ "I'; , .. rl1 , - ':-J,; --< ~. . -,~- NAVARRO & WRIGHT CONSUL riNG ENGINEERS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 498 CIVIL v. JACK LENKER AND LINDA LENKER, Defendants OEfENDANIS' PRE - TRIAL MEMORANDUM l. STATEMENT OF FACTS The Plaintiffs entered into a contract with the Defendant Jack Lenker for the design of a sewage system. Th~ Defendant Linda M, Lenker did not execute the written contract. The Defendants made payments to the Plaintiffs.for which they were not given credit as evidenced by the Defendants' Exhibits. II. ISSUES PReSENTEQ A. Is the Defendant Unda M. Lenker liable to Navarro & Wright for breach of contract and unjust enrichment when she did not execute the written contract? B. Did the Defendants make payments to Navarro & Wright for which they were not given credit? Ill. WITNESS~ Jack A. Lenker, Jr. R.R. #1, WOOdland Acres Campground P.O. Box67A Blain, PA 17006 .:ki! ~, ~" . Unda M. Lenker R.A. #1, Woodland Acres Campground P.O. Box 67A Blain, PA 17006 IV. EXHIBITS A. copy of letter and check dated July 22, 1999 to Navarro & Wright B. copy of check dated September 2,1999 V. SETTLEMENT NEGOTIATIONS The Defendants currently have a civil action filed against the prior landowner and the company who performed the septic certification in the Court of Common Please of Perry County No. 98 - 652. The Defendants are willing to pay the alleged monies owed to Navarro & Wright out of the proceeds of a settlement or favorable verdict in the Perry County action. ~tc~ Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attyld. No. 59262 ...:i!il'" NAVARRO & WRIGHT CONSULTING ENGINEERS,INC" COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 498 CIVIL v. JACK LENKER AND LINDA LENKER, Defendants C~RTIFICATE OF SI;RVIQE I, Brian K. Zellner, do hereby certify that on this 12th day of October, 2000, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Thomas O. Williams, Esquire Reager & Adler 2331 Market Street Camp Hill, PA 17011 .4642 ~!C~ Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, P A 17001 (717) 975 - 9446 Attyld. NO,59262 I "" i: law Office ' of Darrell C Dethlefs Darrell C. Dethlefs" Michael j. Pykosh" Brian K. :Zellner Legal J'\S5IStancS Sherry L. Deckman" Angeline Moyer" "Licensed PA Title Agent July 22, 1999 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Fax (717) 975-2309 1-800-287-1202 DDethlefs@AOl,COM Email Charles E. Wright Navarro & Wright Consulting Engineers, Inc. 115 Reno Avenue New Cumberland. PA-17070 Re: Woodland Acres Navarro & Wright Project No. 0598 - PE40 Dear Mr. Wright: Please find enclosed a check in the amount of $100.00 in regard to the above- matter. It is my understanding that Mr. Lenker will pay $100.00 per month for three months and the balance will then be paid upon Mr. Lenker's settlement with the prior landowner. If this is not correct, please let me know at your earliest opportunity. If you have any questions, do not hesitate to contact me Very truly yours, Ii (c v.--- Brian K. Zellner j,,':'. :.;.... ._iio... -1_ ~ -=:-:- "- if . -rr.;--. 1149 i I I ~~ ,. 60-82130 313 DARRELL C. DETHLEFS, ESQUIRE WAGNER BLDG" SUITE 205 355 N, 21 ST ST, CAMP HILL. PA 17011-3707 DATE -r/2L! ~q $ l Go. 91 ~~E N(\.\J~ 'T W(bGH\ ROER OF J~ V--u~~ '+ ();\ ({c!o _ @ Mellon Bank MellouB.......N.A. ConunonweUth Jtepon lIarrilIburg,PA 1..~\c.1'>R-. OR DOLLARS 1!11iE".::: \ "' ... II' DOL L t. 911' I: 0 :l L :l 0 0 B 2 1.1: B B I. '" 2 0 l, '" 2 2 '1 b II' ~~f"'-__"'~ ---,:""".;o.~'- . , ............. .~-'"' . ..-....J"i - ....... '" - ~ "~ .lJ _"_ ".;.'. ....- -. ,I , , I . sf 'I ~i , i o. WOODLAND ACRES JACK A. LENKER, JR. LINDA M. LENKER A.A. . BOX 67A PH. 717-536-3020 LAIN, PA 17006 60-12121 313 2638444 1020 DATE '/ . $/~- Ja-/ .,/-(' CJ'O LLARS m=_-= BLAIN OFFICE BLAIN. PA. 17006 ~2!1, 2b38........'...II. W 20 THE BANK OF LANDISBURG MEMO .: 0 3 I. 3 I. 2 I. 231: ;':..... " ..,:. ," ,.~' ... -~~~ ~~~~. . ~ ,1.. >,. Darrell C. DiOthlefs* Micltael J. Pykosh* Brian K. Zellner 3805 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 9,75-2309 E-mail.DDethlefs@aol.com Web Site: http://www.lawyers.com/dethlefslawoffice acr t'. ~ Lel!al Assistants Sherry L. Deckman* Angeline Moyer* LAW OFFICE OF DARRELL C. DETHLEFS *Licensed P A Title Agents October 12, 2000 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Navarro & Wright v, Lenker Dear Judge Guido: Please find enclosed the Defendants' Pre. Trial Memorandum in regard to the above - matter. As you may recall, this matter is scheduled for a pre. trial conference on Wednesday, October 18,2000 at 8:30 a,m. in your Chambers. If you have any questions, do not hesitate to contact me. Very truly yours, ~{~~ cc: Thomas O. Williams, Esquire . . York Address: P,O, Box 3854, York, PA 17402 1- -,j NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No,: 2000.498 Civil Term JACK AND LINDA LENKER, husband and wife, Defendants CIVIL ACTION . LAW PLAINTIFFS' PRR-TRIAL MRMORANOnM I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY This case arises out of a written contract entered into between Plaintiff, Navarro & Wright Consulting Engineers, Inc. (hereinafter "Navarro & Wright") and Jack and Linda Lenker (hereinafter the "Lenkers") on or about June 24, 1998, Under the agreement, Navarro & Wright agreed to provide design services to the Lenkers relating to property owned by the Lenkers known as Woodland Acres Campground (hereinafter the "Project"), In return, the Lenkers agreed to pay Navarro & Wright on a time and expenses basis in accordance with Navarro & Wright's schedule of hourly rates and charges for professional services, which schedule was attached and made part of the agreement. The Project work to be completed by Navarro & Wright under the agreement was divided into two (2) phases: Phase I . Septic System Design, with a price not to exceed $2,640.00; and Phase II . Collection System Design, with a price not to exceed $4,500,00, The Lenkers are record owners ofthe property encompassing the Project for which the services were performed. Navarro & Wright performed all of the design services and submitted its invoices to the Lenkers. The total amount invoiced by Navarro & Wright was $7,140.00 which price was within the do not exceed amount set forth in the agreement. As of this date, the Lenkers have paid Navarro & Wright the total amount of $2,000.00 leaving a principal balance due in the amount of $5,140,00. At no time did the Lenkers notify Navarro & Wright that its work was deficient in any manner or that the invoices were not accurate. Following many unsuccessful attempts to secure payment from the Lenkers, Navarro & Wright filed a Complaint with the appropriate District Justice on or about November 16, 1999, ultimately receiving a default judgment in the amount of$6,253.06, which judgment was entered on December 28, 1999. The Lenkers appealed the default judgment and Navarro & Wright timely filed a Complaint with the Court of Common Pleas, Cumberland County. The Complaint contained three counts, Breach of Contract, Unjust Enrichment and Violation ofthe Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. !;i501, et seq. Navarro & Wright listed the case for arbitration, which arbitration was ultimately held on July 28, 2000. The Defendants failed to appear at the arbitration. The arbitrators entered an award on July 28, 2000, in the total amount of$8,723.60, as follows: $5,140.00 for the principal amount due plus $1,370,90 in interest. The arbitrators further awarded Navarro & Wright statutory penalty and statutory attorneys fees and costs under the Pennsylvania Contractor and Subcontractor Prompt Payment Act as was requested in Navarro & Wright's Complaint. ~...,<I@' - ,~ , ~~ l" " On or about August 25,2000, the Lenkers filed a timely appeal of the award of the arbitrators. On September 15, 2000, Navarro & Wright listed this case for trial. II. ISSUES PRESENTED A. Whether both of the Lenkers, as joint owners of the property for which Navarro & Wright performed services are liable for breach of contract and unjust enrichment when they both enjoyed benefit of Navarro & Wright's services but failed and refused to pay to Navarro & Wright the agreed upon amount for those service? Suggested Answer: Yes B. Whether the Lenkers violated the Pennsylvania Contractor and Subcontractor Payment Act entitling Navarro & Wright to an award of statutory penalties, interest, and attorneys fees and costs when they failed and refused to pay Navarro & Wright for its services lvithout any notice to Navarro & Wright of any deficiencies with its invoices or its work? Suggested Answer: Yes III. DISCUSSION OF AUTHORITY A. BECA USE BOTH .1 ACK I.ENKER AND I.INDA I.ENKER, AS OWNERS OF THE REA I. PROPERTY IMPROVED BY THE SERVICES OF N A V ARRO & WRIGHT, BOTH BENEFITTED FROM THOSE SERVICES. BOTH .IACK LENKER AND LINDA I.ENKRR ARE LIABLE TO N A V ARRO & WRIGHT IN BREACH OF CONTRACT AND UN.nJST ENRICHMENT. The evidence to be offered at the trial of this case will indicate that both Defendants, Jack Lenker and Linda Lenker, as husband and wife, owned the property for which Navarro & Wright provided services as tenants by the entireties. Although here only Jack Lenker signed the agreement lvith Navarro & Wright the courts of this Commonwealth have consistently held that a presumption exists that during the time of a marriage, either spouse has the power to act for both lvith respect to entireties property so long as benefits of the services provided inure to both spouses. Gllistra DevelQpment Company Jnc v Richard J ,ee and Me; Chow J ,ee, 428 Pa.Super 394,631 A.2d 199 (pa Super 1993). Evidence supporting the presumption that both benefitted from Navarro & Wright's services will be presented at the trial. For example, it will be shown that both Jack Lenker and Linda Lenker are named as joint account holders on a checking account for Woodland Acres. It lvill further be shown that both Jack and Linda Lenker benefit from payments received by paying customers of Woodland Acres. Inasmuch as both Jack and Linda Lenker have benefitted from 2 ~ -- < ~l ~- ':-i the services of Navarro & Wright, both spouses are liable to Navarro & Wright in breach of contract and unjust enrichment. B. BECAUSE THE I,ENKERS FAII,ED AND RRFUSED TO PAY NAVARRO & WRIGHT'S INVOIrRS WITHOUT ANV NOTICE OF DRFTCTRNCTRS AS TO EITHRR N A V ARRO & WRIGHT'S INVOICES OR THE WORK PERFORMED, THE J,ENKERS ARR LIABJ,R TO NAVARRO & WRIGHT FOR STATUTORY PENAJ,TTF,S AND STATUTORY INTEREST, ATTORNEYS FEES AND COSTS AS AUTHORIZRD BY THE PRNNSYJ,VANIA. CONTRACTORS AND SUBCONTRACTOR PAYMENT ACT. Under Section 505(c) of the Act (73 P.S. S505(c)), the Lenkers, as the owners of the Project, were required to make payment to Navarro & Wright as contractor for the work provided by Navarro & Wright within twenty (20) days after delivery of N~varro & Wright's invoices. Under Section 506 ofthe Act, the Lenkers' payments obligations are clear. Section 506(a) states in part that "the owner shall pay the contractor according to the provisions of this Act for any item which appears on the invoice and has been satisfactorily completed". The only justifiable reason for the Lenkers to withhold payment from Navarro & Wright for alleged defective work is set forth at Section 506(b) of the Act which states as follows: "Notice - if an owner withholds payment from a contractor for deficiency item, it .shall notify the contractor of the deficiency item within = calendar days of the date of that the invoice is received" (emphasis added). It will be shown at the trial of this matter that the Lenkers unjustifiably withheld payments due Navarro & Wright without any notice of alleged deficiencies in Navarro & Wright's work. As such, the Lenkers have violated the Act and are liable to Navarro & Wright for payment of the invoices in full. Under Section 512 ofthe Act, Navarro & Wright is entitled to recover statutory interest of one percent (1 %) per month, statutory penalties of one percent (1 %) per month, and attorneys fees. Section 512(a) states in pertinent part: "If arbitration or litigation is commenced to recover payment due under this Act and it is determined that an owner, . . . has failed to comply with the payment terms of this Act, the arbitration or court .shall award, in addition to all other damages due, a penalty equal to one percent (1 %) per month of the amount that was wrongfully withheld. . . " (emphasis added). Section 512(b) states in pertinent part: "Notwithstanding any agreement to the contrary, the substantially prevailing party in any proceeding to recover any payment under this act .shall be awarded a reasonable attorney fee in an amount to be determined by the court or arbitration, together with expenses."(emphasis added). The evidence will show that Navarro & Wright was forced to commence an action against the Lenkers in order to obtain payment of its invoices. The evidence will also show that Navarro & Wright was given no notice of any deficiencies or challenges to its invoices. 3 --- - ~ -. ~ .~"~.. EM 01Iil!i!l ":",_ In order to commence the action and prosecute the action against the Lenkers, Navarro & Wright retained the services of attorneys. Evidence will be presented at the trial of this case indicating the costs and attorney's fees incurred by Navarro & Wright in commencing and pursuing this action against the Lenkers. Because the Lenkers' refusal to pay Navarro & Wright was in bad faith and in violation of the Act, Navarro & Wright is entitled to recover statutory interest, statutory penalties and attorneys fees, which amounts are not discretionary, but are mandatory under the Act. IV. WITNESSES A. Paul J. Navarro, P.E., President, Navarro & Wright Consulting Engineers, Inc. B, Plaintiff reserves the right to call any and all witnesses identified by the Defendants. V. EXHIBITS 1. Contract between the parties with addendum. 2. Navarro & Wright work product 3. Navarro & Wright invoices sent to the Lenkers including handwritten notes 4. Deed to subject property. 5, Check from Woodland Acres account naming both Jack and Linda Lenker. 6. Invoices from Reager, Adler & Cognetti, P.C., reflecting costs and attorneys fees incurred by Navarro & Wright 4 ,llW,""""',"",'---- .~.~ L,. Ifl::', VI. SETTLEMENT NEGOTIATIONS The Defendants have not offered any amount to the Plaintiff to settle this case. The Plaintiff has on several occasions offered to accept payments toward the balance due. These offers have consistently been rej ected by the Defendants. Respectfully submitted, REAGER & ADLER, p,c. Date: rO/lo/vi.) ! ! .'7 W<' 1/..-,," ..' /..,' / I" ;I' '-ff;~( ~i ,. Th6mas O. Williams, Esquire Attorney J.D. No, 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff 5 ".1!!lI,'"....~-~ " ~.. , l ":-1 CERTIFICATE OF SERVICE AND NOW, this 10th day of October, 2000, I hereby verify that I have caused a true and correct copy of the foregoing Plaintiffs' Pre-trial Memorandum to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Brian K. Zellner, Esquire LAW OFFICES OF DARREL C. DETHLEFS 3805 Market Street Camp Hill, PA 17011 /@f'J t ' ./ / I ./ ..1't;. . Thomas O. Williams, Esquire " ' -l. , ,-. - .; ~,:." REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW OCT 11 ZW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSITE, ReagerAdlerPC,com THEODORE A. ADLER + DAVID W, REAGER LINUS E, FENIClE DEBRA DENISON CANTOR THOMAS 0, WilLIAMS SUSAN H, CONFAIR PETER L. lEONE + Certified Civil Trial Specialist Writer's E-Mail Address:tomwill@epix.net October 10, 2000 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 RE: Navarro & Wright v. Lenker Docket No.: 2000-498 Civil Term Our File No.: 90-164.012 Dear Sir or Madam: Enclosed for filing please fmd an original and two (2) copies of Plaintiffs' Pre-trial Memorandum to be filed in t.. Dve captiQ, d matter, Please forward a copy of the time- stamped Memorandum udge Guido's c bers and return one time-stamped copy to this office in the enclosed se - s amped envelope. If you have any questions, please contact the undersigned. Thank you. VerytrulYJ(?U~S~ tJi " (/' / - ~ ! ."'. I~/ i .,,/1, / / ," . \/". / i/-_' ~ Thomas O. Williams .. TOW/cmc Enclosure cc: Brian K. Zellner, Esq. (w/encl.) Navarro & Wright Consulting Engineers, Inc. (w/encl.) "-q NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No.: 2000-498 Civil Term JACK AND LINDA LENKER, husband and wife, Defendants CIVIL ACTION - LAW PLAINTIFFS' PRE-TRIAL MEMORANDUM I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY This case arises out of a written contract entered into between Plaintiff, Navarro & Wright Consulting Engineers, Inc. (hereinafter "Navarro & Wright") and Jack and Linda Lenker (hereinafter the "Lenkers") on or about June 24, 1998. Under the agreement, Navarro & Wright agreed to provide design services to the Lenkers relating to property owned by the Lenkers known as Woodland Acres Campground (hereinafter the "Project"). In return, the Lenkers agreed to pay Navarro & Wright on a time and expenses basis in accordance with Navarro & Wright's schedule of hourly rates and charges for professional services, which schedule was attached and made part of the agreement. The Project work to be completed by Navarro & Wright under the agreement was divided into two (2) phases: Phase I - Septic System Design, with a price not to exceed $2,640.00; and Phase II - Collection System Design, with a price not to exceed $4,500.00, The Lenkers are record owners of the property encompassing the Project for which the services were performed. Navarro & Wright performed all of the design services and submitted its invoices to the Lenkers. The total amount invoiced by Navarro & Wright was $7,140.00 which price was within the do not exceed amount set forth in the agreement. As of this date, the Lenkers have paid Navarro & Wright the total amount of $2,000.00 leaving a principal balance due in the amourtt of $5,140.00. At no time did the Lenkers notify Navarro & Wright that its work was deficient in any manner or that the invoices were not accurate. Following many unsuccessful attempts to secure payment from the Lenkers, Navarro & Wright filed a Complaint with the appropriate District Justice on or about November 16,1999, ultimately receiving a defaultjudgrnent in the amount of $6,253.06, whichjudgrnent was entered on December 28,1999. The Lenkers appealed the defaultjudgrnent and Navarro & Wright timely filed a Complaint with the Court of Common Pleas, Cumberland County. The Complaint contained three counts, Breach of Contract, Unjust Enrichment and Violation ofthe Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. SS01, et seq. Navarro & Wright listed the case for arbitration, which arbitration was ultimately held on July 28, 2000. The Defendants failed to appear at the arbitration. The arbitrators entered an award on July 28, 2000, in the total amount of$8,723.60, as follows: $5,140.00 for the principal amount due plus $1,370.90 in interest. The arbitrators further awarded Navarro & Wright statutory penalty and statutory attorneys fees and costs under the Pennsylvania Contractor and Subcontractor Prompt Payment Act as was requested in Navarro & Wright's Complaint. ."-' ~ ~t On or about August 25,2000, the Lenkers filed a timely appeal of the award of the arbitrators. On September 15, 2000, Navarro & Wright listed this case for trial. II. ISSUES PRESENTED A. Whether both of the Lenkers, as joint owners of the property for which Navarro & Wright performed services are liable for breach of contract and unjust enrichment when they both enjoyed benefit of Navarro & Wright's services but failed and refused to pay to Navarro & Wright the agreed upon amount for those service? Suggested Answer: Yes B. Whether the Lenkers violated the Pennsylvania Contractor and Subcontractor Payment Act entitling Navarro & Wright to an award of statutory penalties, interest, and attorneys fees and costs when they failed and refused to pay Navarro & Wright for its services without any notice to Navarro & Wright of any deficiencies with its invoices or its work? Suggested Answer: Yes III. DISCUSSION OF AUTHORITY A. BECA TJSE BOTH .J ACK I.ENKER AND I.INDA I.ENKER, AS OWNERS OF THE REA I. PROPERTY IMPROVED BY THE SERVICES OF NA V ARRO & WRIGHT, BOTH BENRFITTF.D FROM THOSE SERVICES. BOTH .IACK LENKER AND LINDA I.ENKER ARE LIABLE TO NAVARRO & WRIGHT IN BREACH OF CONTRACT AND TJN.IIJST ENRICHMENT. The evidence to be offered at the trial of this case will indicate that both Defendants, Jack Lenker and Linda Lenker, as husband and wife, owned the property for which Navarro & Wright provided services as tenants by the entireties. Although here only Jack Lenker signed the agreement with Navarro & Wright the courts ofthis Commonwealth have consistently held that a presumption exists that during the time of a marriage, either spouse has the power to act for both with respect to entireties property so long as benefits of the services provided inure to both spouses. Gnislra Development ~ompany, Inc v Richard Lee and Mei ~how Lee, 428 Pa.Super 394,631 A.2d 199 (pa Super 1993). Evidence supporting the presumption that both benefitted from Navarro & Wright's services will be presented at the trial. For example, it will be shown that both Jack Lenker and Linda Lenker are named as joint account holders on a checking account for Woodland Acres. It will further be shown that both Jack and Linda Lenker benefit from payments received by paying customers of Woodland Acres. Inasmuch as both Jack and Linda Lenker have benefitted from 2 ~. 1 c the services of Navarro & Wright, both spouses are liable to Navarro & Wright in breach of contract and unjust enrichment. B. BECAlJSE THE LENKERS FAILED ANI) REFUSED TO PAY NAVARRO & WRIGHT'S INVOICES WITHOlJT ANY NOTICE OF DEFICIENCIES AS TO EITHER NAVARRO & WRIGHT'S INVOICES OR THE WORK PERFORMED, THE LENKERS ARE LIABLE TO NAVARRO & WRIGHT FOR STATTJTORV PENALTIF,S AND STATTJTORY INTEREST, ATTORNEYS FEES AND COSTS AS ATJTHORIZED BY THE PENNSYI ,v ANIA CONTRACTORS AND SUBCONTRACTOR PAYMENT ACT. Under Section S05(c) of the Act (73 P.S. SS05(c)), the Lenkers, as the owners of the Project, were required to make payment to Navarro & Wright as contractor for the work provided by Navarro & Wright within twenty (20) days after delivery of Navarro & Wright's invoices. Under Section 506 of the Act, the Lenkers' payments obligations are clear. Section 506(a) states in part that "the owner shall pay the contractor according to the provisions of this Act for any item which appears on the invoice and has been satisfactorily completed". The only justifiable reason for the Lenkers to withhold payment from Navarro & Wright for alleged defective work is set forth at Section 506(b) of the Act which states as follows: "Notice - if an owner withholds payment from a contractor for deficiency item, it shall notify the contractor of the deficiency item within SlM:Il calendar days of the date of that the invoice is received" (emphasis added). It will be shown at the trial of this matter that the Lenkers unjustifiably withheld payments due Navarro & Wright without any notice of alleged deficiencies in Navarro & Wright's work. As such, the Lenkers have violated the Act and are liable to Navarro & Wright for payment of the invoices in full. Under Section 512 of the Act, Navarro & Wright is entitled to recover statutory interest of one percent (1 %) per month, statutory penalties of one percent (1 %) per month, and attorneys fees. Section 512(a) states in pertinent part: "If arbitration or litigation is commenced to recover payment due under this Act and it is determined that an owner, . , . has failed to comply with the payment terms of this Act, the arbitration or court shall award, in addition to all other damages due, a penalty equal to one percent (1 %) per month of the amount that was wrongfully withheld. . . " (emphasis added). Section 512(b) states in pertinent part: "Notwithstanding any agreement to the contrary, the substantially prevailing party in any proceeding to recover any payment under this act shall be awarded a reasonable attorney fee in an amount to be determined by the court or arbitration, together with expenses."( emphasis added). The evidence will show that Navarro & Wright was forced to commence an action against the Lenkers in order to obtain payment of its invoices. The evidence will also show that Navarro & Wright was given no notice of any deficiencies or challenges to its invoices. 3 1--,_" In order to commence the action and prosecute the action against the Lenkers, Navarro & Wright retained the services of attorneys. Evidence will be presented at the trial of this case indicating the costs and attorney's fees incurred by Navarro & Wright in commencing and pursuing this action against the Lenkers. Because the Lenkers' refusal to pay Navarro & Wright was in bad faith and in violation of the Act, Navarro & Wright is entitled to recover statutory interest, statutory penalties and attorneys fees, which amounts are not discretionary, but are mandatory under the Act. IV. WITNESSES A. Paul J. Navarro, P.E., President, Navarro & Wright Consulting Engineers, Inc. B. Plaintiff reserves the right to call any and all witnesses identified by the Defendants. V. EXHIBITS 1. Contract between the parties with addendum. 2. Navarro & Wright work product 3. Navarro & Wright invoices sent to the Lenkers including handwritten notes 4. Deed to subject property. S. Check from Woodland Acres account naming both Jack and Linda Lenker. 6. Invoices from Reager, Adler & Cognetti, P.C., reflecting costs and attorneys fees incurred by Navarro & Wright 4 VI. SETTLEMENT NEGOTIATIONS The Defendants have not offered any amount to the Plaintiffto settle this case. The Plaintiff has on several occasions offered to accept payments toward the balance due. These offers have consistently been rejected by the Defendants. Respectfully submitted, REAGER & ADLER, P.C. Date: fO/;()/CJ.) ! ! /7 y~) /J 17 <!f:;~( /~'. - Thomas O. Williams, Esquire Attorney J.D. No. 67987 2331 Market Street Camp Hill, P A 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff 5 L CRRTlFICATR OF SRRVICR AND NOW, this 10th day of October, 2000, I hereby verify that I have caused a true and correct copy of the foregoing Plaintiffs' Pre-trial Memorandum to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Brian K. Zellner, Esquire LAW OFFICES OF DARREL C. DETHLEFS 3805 Market Street Camp Hill, P A 17011 /(ii/ '( 0',;" I -' /fI? " .. Thomas O. Williams, Esquire ~ ~ J. ~". , i"f. NAVARRO & WRIGHT CONSULTING ENGINEERS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 2000498 JACK AND LINDA LENKER ARBITRATION Defendants NOTICE OF ARBITRATION HEARING NOTICE is hereby given that the Arbitrators appointed by the Court to hear and decide the above matter will hold a hearing for the purpose of their appointment on Friday, July 28, 2000, at 1:30 P.M., in the Fifth Floor Hearing Room, in the New Courthouse, Carlisle, Pennsylvania. TO: Stephen L. Banko, Jr., Esquire 10 I Pine Street Harrisburg, PA 17108 June 30, 2000 Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17011 Thomas O. Williams, Esquire Reager, Adler & Cognetti, P.C, 2331 Market Street Camp Hill, PA 17011-4642 Brian K. Zellner, Esquire Law Offices of Darrel C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 , 136073, 1 , " ' ,> ,-' NAVARRO & WRIGHr CONSULTING ENGINEERS, INC., COURT OF COMMONPIEAS CUMBERLAND COUNTY, PA Plaintiff v. No. 2000 - 498 CIVIL TERM JACK AND LINDA LENKER, Defendants DEFENDANTS' ANSWER TO mE PLAINTIFF NAVARRO & WRIGHr CONSULTING ENGINEERS. INC.'S COMPLAINT 1. - 2. Admitted. COUNT I BlffiACH OF CONTRACT 3. Admitted in part and denied in part. It is admitted that the Defendant Jack Lenker entered into a contract with the Plaintiff. It is denied that the Defendant Linda Lenker entered inlto a contract with the Plaintiff. The Defendants aver to the contrary that the Defendant Linda Lenker never entered into an agreement with the Plaintiff. 4. - 5. Admitted. 6. After reasonable investigation, the Defendants are without knowledge or infonnation sufficient to fonn a belief as to the truth of the averment contained in this paragraph. 7. Admitted. 8. After n:asonable investigation, the Defendants are without knowledge or information sufficient to fonn a belief as to the truth of the averment contained in this paragraph. 9. Denied The Defendants aver to the contrary that more money was paid to the Plaintiff than $2,000. 10. The averment contained in this paragraph is a legal conclusion as to which no response " ~ "". is required pursuant to the Pennsylvania Rules of Civil Procedure. 11. The averment contained in this paragraph is a legal conclusion as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 12. The averment contained in this paragraph is a legal conclusion as to which no response is required pursuant to the Pennsylvania Rilles of Civil Procedure. 13. The averment contained in this paragraph is a legal conclusion as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiff. COUNT IT UNJUST ENRICHMENT/OUANTUM MERUIT 14. The Defendants incorporate by reference hereto their responses to paragraphs 1 through 13. 15. - 16. After reasonable investigation, the Defendants are without knowledge or infonnanon sufficient to form a belief as to the truth of the averment contained in this paragraph. 17. - 18. The averment contained in this paragraph is a legal conclusion as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiff. COUNT III VIOLATION OF THE PENNSYLVANIA CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT 19. The Defendants incorporate by reference hereto their responses to paragraphs 1 through 18. 20. - 21. The averment contained in this paragraph is a legal conclusion as to which no response is required pursuant to the Pennsylvania Rilles of Civil Procedure. 22. Admitted. 23. - 27. The averment contained in this paragraph is a legal conclusion as to which no I, ,.,=__ response is required pursuant to the Pennsylvania Rules of Civil Procedure. 28. Admitted. 29. - 31. The averment contained in this paragraph is a legal conclusion as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiff. /MfL~ Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, P A 1700 1 (717) 975 - 9446 Attorney Identification No. 59262 ...,...,. , , '0 w -"- b' -' > .' - VERIFICATION I, j'"," Ie.. A. (..., Ic.../::r... . ,being sworn or affIrmed according to law, do depose and say that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief, subject to the penalties imposed by 18 Pa. C. s. ~4904. L~< << ,',,- _ _< ~ YERlFICATION I, ~. - ~... /vi. (,...( "" , being SWQrn or affIrmed according tQ law, dQ depose and say that the informatiQn contained in the foregQing document is true and CQrrect to the best Qf my infQrmation, knQWledge and belief, subject tQ the penalties imposed by 18 Pa. C. S. ~4904. ~AJ~/ ~ t/ A ~....... ""' ~ ,j;,-, .j xL .. ". NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. No. 2000 - 498 CIVIL TERM JACK AND LINDA LENKER, Defendants CERTIFICATE OF SERVICE I, BRJIAN K. ZELLNER, do hereby certify that on this I Sf" day of ""..." " , 2000, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Thomas O. Williams, Esquire Reager, Adler & Cognetti, PC 2331 Market Street Camp Hill, PA 17011 - 4642 BY: tft.P Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attorney Identification No. 59262 --------- i!lIlIIlII_~JlIllilUlWlilllIUil.1illiti -.riIWlMilJllIl" .,~' It " ~~',. Ih. I ,-' - '. "~ ....~~ ::zC ~'~ 1<:0 ~8 5>c ~ ~.~ IW; c::> ~ ~.~"'''-'' _. '?3 I N .." :x ~ ;;:- 0\ . . _ I ~ E" ( .' " NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : No. 2000-498 CIVIL TERM JACK AND LINDA LENKER, husband and wife, Defendants PEnnON FOR APPOINTMENT OF ARBTTR A TORS To the Honor<\hle, the Judges of Said Court: Thomas O. Williams, counsel for the Plaintiff in this ahove-captioned case, respectfully represents that:: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff is $5,140.00, plus lawful interest and costs. 3. The counterclaim ofthe Defendant in this action is $0. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Brian K. Zellner, Darrell C. Dethlefs, Michael 1. Pykosh, Thomas 0, Williams, Theodore A. Adler, David W. Reager, Maria P. Cognetti, Linus E. Fenic1e, Debra Denison Cantor, Susan H, Confair, and Julie A. McConahy, ( , .." , WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, REAGER, ADLER & COGNETTI, P,C. Date: April 7, 2000 THO AS O. WILLIAMS, ES UlRE Attorney J.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff ORDER 0- d ' AND NOW, this ~ day of , ~. ' in consideration of the foregoing Petition rJA1; ;J(t&II..u.- ,Esq., ~../~~ &~J I), Esq., and ~mp I/.-/~ , sq., are appointed arbitrators in the above-captioned action as pray for. BY THE COURT: 1. . ;~_ibllllillil~MIftI ...... Ji'Jf-<''''''~.~~'"''~''">.iW~.'''~-~"", ,. - " " Jj C) C- """ "1'1 :~.;: ri7-t.t:: _ifl', i5-<-.' , -' -. ,- ,:::::;~~~:' 1i:~~ ~ ~ <J -< CJ CJ -"'" 'b :::V - 1\.:: :,'ht. _:.., ~ ;,,) C~ . 'II~ :;{ {:-'/;:; :,-~;'E9 I '~ 1 ~. "",'-" :~:!.t)' '. -., '~I ~ :i; '"' -.I , > ". CERTIFICATE OF SERVICE AND NOW, this lOt" day of April, 2000, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the u.s. mail, first class, postage prepaid and addressed as follows: Brian K. Zellner, Esquire LAW OFFICES OF DARREL C, DETHLEFS 3805 Market Street Camp Hill, PA 17011 Thomas 0, Williams, Esquire / l . . -, . ; , ' 1 .. .. I , ~ ~ ~ ~& ~ ~ 0 ',::t ~ " C 0 C) ....-~ ~n ~ vr~ ~ . rnr:f~ -n ~ ~ 2:;:-,,' ;.0 '0 t5\. (::;) -< ..-"~~'" r'"'r <',- V ~., S:n :~; :i;c) c ~) z --j w ~< REAGER, ADLER & COGNETTI, P.C, ATTORNEYS AT lAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 (717) 763-1383 ~:, ~ _ 0- l ,~. ~' " ,,' ~, ~ _' "" r NAVARRO & WRIGHT CONSULTING ENGINEERS,INC" COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 498 CIVIL v. JACK LENKER AND LINDA LENKER, Defendants NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Jack Lenker and Linda Lenker appeal from the award of the board of arbitrators entered in this case on July 28, 2000. A jury trial is demanded. I hereby certify that: (1) the compensation of the arbitrators has been paid. ~7L, Brian K. Zellner, Esquire Attorney for the Appellants 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attyld. No. 59262 j~~I"~ali~ ~M "1ioW"""""", " J."~~ ~.," Co -, """IiHIiit" . ~gjjjl"'~J.-.-' o c <;: -om mrn Z:T.\ zc ~~-:~ ~c ~C! -c )>c: ~ o o "'"" '~"""Ib' () -n ~ C') J ~I:\ 'y" ~~~ Cy __e_.! -,., ~'J :< f',) u' -u ~~'-'~ _.1.= l'"" (::> ~ ,.'.0 " ~ 1 , ~" .; fJ o.w:rro ~ rvrl~hj. Co ns u. If I YIp t:119IYi<?oJ,JYlc..; Plo""AfF ~ V ) ) 5n de GM d- ~I LlndiA be'l\~ UefE'f;!dalAh OATH ," In The Court of Co~on Pleas of Cumberland County, ?ennsylvania ~0.Z.600.,..lj.q9, (Ill. I WOo We do solemnly swear (or affirm) that we will support, obey and derend the Constitution of the United States and the Consti~tion or this Common- wealth and that we will discharge the duties or our office with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ;tY'\ fcwor or i\r na lV1.tJF VQ -&..r0 0 LA f\ I V) ~ ~ I[ 3'lD. '10 [ivdcre>8/ .:d'o...,hvh...- a.thrVle: I r:( ill () appHcable. ) Arbitrator, dissents. (Insert name i= Date of Hearing: l/,Z-'G 100 I 7 /2-8/0"'; J I Date of Award: NOTICE OF ENTRY OF AWARD . tJ1 ~ Now, the uS dily or , ]{(8;;{)C:r.J at ~,td.P.H:.. the above award was entered upon the .dQ et and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: s-J.9D.06 A ~ - ~.', ' , k. -- ',- ,- ;-~,~. -J I NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 498 CIVIL v. JACK LENKER AND LINDA LENKER, Defendants CERTIFICATE OF SERVICE I, Brian K. Zellner, do hereby certify that on this 25th day of August, 2000, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Thomas O. Williams, Esquire Reager, Adler & Cognetti, P.C. 2331 Market Street Camp Hill, PA 17011 - 4642 .~lc. 1L--. Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, P A 17001 (717) 975 - 9446 Attyld. No,59262 ~~~IIIlW~IlIj;~' ~~~~,' ~~. ~-~ "'''''. ,~ til! ." . , ~ ~ Q.., 0 0 C) ~ C 0 -n ~ s:: """ "'O(~ ~ , nlrn "..- ~T:i ~ 2::::) '" r'-- ~ ~ ZC. 1'.:> ~~~;? \ S?~i': (.,;j ~ CS kC), ""D .~.~ :::.::! ~ er~ ::l~ ,-, . LC ~~; f6 ~ . )>c: ~:-;'-- ~ 2' ::- :1> ~ -j ::D -<; CO -< " " ~, '-j N o.Va'rro i: tV....'1ht Consultll1f ) ~1191~I<?O]', ]:Y/c.. / Plelld fF ~ v ) . ) -Tn de: eM d ~I L ndfi '=ev\~ U.efef;1dalA!-; OATH In The Court of Common Pleas of Cumberland County, ?ennsylvania :'lo. 2./l'OO.,-.lj.q9, C'If" W60 We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our office with fidelity. AWARD We, the undersigned arbitrators, haVing been duly appointed and sworn (or affirmed.) , make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) An -FCLUor or i\r Ma I VltJF t1 vir) . Q5Q (VIA ~ Jlft!!dt:llor\ I V1 ~ 0. VVl 0 L\. \I\r () f fiB, 7 23. (, 0 (41 ~~ II.{ o. {).) ) ~ It 3'1D. 'f D GV\t e're>tJ / 1/ fi'22. '1-0 [~.f-().h..f.ll.:f fV III o.lf~ ) ~ 1,25'9.30 _c,..to...-I-lAi\~ a.ttlSV"Vle.'l, ~ ' Fe eJ J t.\ V\ c..l # /3/. GO reo> i-,fl} , . Arbitrator, dissents. (Insert name i= applicable. ) Date of aear'1ng:~ Date of Awar'd: 7 /2-8/ oJ J { {2p~ Chair:nan R(~ A - NOTICE OF ENTRY OF AWARD Now, the 02gtAy of All/Vi , .;)()OO at ~,WM., the above award was entered upon t~~~ and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $~ A iWiUI_'~"~-<oJ""~~IId""'" -"f". -" ~ .. L-i ~ .~ ~ t ~.. 4---2. b f' ~ "-,.,I .~ ~ ~. , 8 .~"""''''ll~~'"~''''~'''''~'~""~ > '..i_~ "~ "& +- ~- ~ "^' ..~w'~, ~."' I H ~ -, c :t::> 70 ~ \)-- ~ I .L\ --- ib V1 ~ f o ~ vtt- QJCiC ?""'- ~~-. :2':/"- (/'))'0' ~e' ~~.~, p-:~ Z --J --< ,~ .,. .- ....... " ~; CJ o ~~ r:: i'..) ce', :.~ -~_. i'.j ~ 53 -< ::::> t'V . -, . i .I PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~. Cl 0 o -,._. U) aifE '"\J ';'F9 ~i ::;8 ~"", ':3 r (Check one) for JURY trial at the next term of civil court. fO'" ';:,9, _____._m____m"'__"'.....m.._______.....~"'_~__Lm~~~__~~~_~_I__~.~~~~_~.~.:.!.~_~~:...m,.....__...._...._mm...____...____.....:~----;.....j-~ CAPTION OF CASE (entire caption must be state<l in fUll) Please list the following case: (check one) NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., ( x) Assumpsit Trespass ) Trespass (Motor Vehicle) (Plaintiff) (other) vs. JACK AND LINDA LENKER The trial list will be called on N/A and Trials commence on October 30, 2000 (Defendant) Pretrials will be held on October 23, 2000 (Briefs are due 5 days before pretrials,) (The party listing this 'case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1,) vs. No. 498 .. Civil1'.~r.m_ 'd-1ilQQ..__ xm: Indicate the attorney who will try case for the party who files this praecipe: !homa~~._m._ __ Williams, Esq. for Plaintiff, Navarro & Wright Indicate trial counsel for other parties if known: Brian Zellner, Esq. for Defendant Jack and Linda Lenker This case is ready for trial. . :tfl(YTj}It.-....- Signed: -----7--- --~.. Print Name: _TllOm~_s_O-".._lici:pi..ams Cl_ 1'5 00 Date: ~ - Attorney for: ...~l.~inti!f._._ .___._________ . ~ _~ 1~__ . CERTIFICA TE OF SERVICE AND NOW, this 15th day of September, 2000, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Brian K. Zellner, Esquire LAW OFFICES OF DARREL C. DETHLEFS 3805 Market Street Camp Hill, PA 17011 ~mL.. Thomas O. Williams, Esquire ~" c j '. ,,, ; , """~~ NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JACK and LINDA LENKER NO. 2000-0498 CIVIL ORDER OF COURT AND NOW, this J(P v... day of SEPTEMBER, 2000, a pretrial conference in the above-captioned matter is SCHEDULED for Wednesday, October 18, 2000, at 8:30 a.m. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Trial will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Edward E. Guido, J. Brian Zellner, Esquire For the Defendants t~+1l 9- J?-()O R>> Thomas O. Williams, Esquire For the Plaintiff Court Administrator :sld !1''ll' .~ _ __"!l ,",_,.,-,~.~-_-r'~r r-~~ ' ~ ""N"" "",,"""'~'~ FILED-OFFiCE OF p:nTHor'.i01ARY 00 SE? 26 PrlLJ: 00 CUMBERliv~D COUNTY PENNSYLVANiA """"""", ~ ~ ~""'_.~ 1'1!1. ",,]Jl ,,)""'. " <-- ^' ,. -0' !,-, u/- ~ ~'~ ,,-^ '-J . "- " NAV~RO & WRIGHT CONSULTING ENGINEERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JACK LENKER & LINDA LENKER, Defendants CIVIL ACTION - LAW NO. 2000-498 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, October 18, 2000, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was Thomas O. Williams, Esquire, and present for the Defendants was Brian K. Zellner, Esquire. This will be a non-jury trial which has been scheduled for December 15, 2000, at 2:00 p.m. The parties estimate it will take about an hour and a half to two hours to try. There are no complicated legal issues in this rather straightforward breach of contract case. The parties are confident about the prospects of reaching a settlement prior to the time of trial. Counsel are directed to exchange exhibits at least ten days prior to trial. All exhibits must be pre-marked. Any motions in limine, with supporting authority, should be filed by close of business on Friday, December 8, 2000. Any response, with supporting authority, should be filed at the time of trial. ~, .; oj ,~ ' ~.'... Thomas O. will' For h ~ams Esq' t e Plaintiff' u~re Brian K. Zelln For the D fer, Esquire e endants :lfb. L ,", " ,~ I. ' ~. ,,,,,,s,. .,,~ ~1f)~ 10-1..0 -00 R* , ---- . ," '11 "",,' '" I '"' ,"""".,,,,,""~ ,'. '" ~ , ~"I>-9.,~'~{~~~~)\ N\i '"'1 r;u '" ,-\1', , " \).~ c-u' ". \ \ "J' \. ,""",-01 ,",. 'HJh\ \ ,,' .- '-" ',,\ 'j '<,)...) . , \' ,,:1,',"',',-,' '" ,,'\'i'- C\)Ii>.-',';:\ \1< IC\{0il'\\"V \~t.::\,,!\~0 ..".,. ". . _"~~'II:~fl''-_ .~ ,,_'" ""~,~ ,_, = ~ .,~",,~~ . -, ~ '~-~.y-""."W\ ~--I~~!WIQll ~---- ."" I NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO, 2000 - 498 CIVIL v. JACK LENKER AND LINDA LENKER, Defendants AND NOW, this ORDER /4J/1'1daYOf ~ , 2000, upon consideration of the attached Stipulation it is hereby ORDERED and DECREED that Judgment is entered in favor of the Plaintiff and against the Defendants in an amount of $11 ,242,9~1. tqv."J ~ 12-/8'00 R~S , " F;L.r:U--O~-:F!CE Of"' -'l"- r"I'--I;'I'i" 11~'\l[~Ti'r"lV ~. \,~:', ;";-.-.)il'~\)i\\) r\Hi 00 ne[' ! 5 '''0' 8' 2 I .,L" 1\11' ..' CU'I."iC'" 'I" "nU'llY \\ jt),-nLJ\l~J lA", jl., PENNSYLVANIA II II ~ I i i II Ii f! ,\'1 . -, -- ~" -v. to""". Il~._", "~...-. _ m_.~'Jl!lItIl!II!~ '~, " L ~ ~ : NAVARRO & WRIGHT CONSULTING ENGINEERS, INC" COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 498 CIVIL v. JACK LENKER AND LINDA LENKER, Defendants STIPULATION FOR JUDGMENT AND NOW, this /1';" day of le(p.o...~ ,2000, the Plaintiff and the Defendants intending to be legally bound enter into the following Stipulation: 1. On or about June 24, 1998, the Plaintiff and the Defendants entered into a written contract in which the Plaintiffs agreed to provide design services relating to the property owned by the Defendants known as Woodland Acres Campground. The Defendants agreed to pay the Plaintiffs on a time and expense basis in accordance with the Plaintiff's schedule of hourly rates and charges for professional services. 2. The amount of $11,242.93 is still due and owing for the services performed by the Plaintiffs. This amount includes any interest, costs, penalties and attorney fees. 3. This Stipulation is being entered into to resolve the litigation pending in the Court of Common Pleas of Cumberland County, No. 2000 - 498 Civil Term. 4. The Plaintiff and the Defendants agree that judgment will be entered against the Defendants in the amount of $11,242.93. 5. The Plaintiff and the Defendants agree that execution on the judgment will -~ ~ "'ri'_, 5. The Plaintiff and the Defendants agree that execution on the judgment will be withheld until a date certain pursuant to an Agreement between the Plaintiff and the Defendants which is attached hereto and incorporated by reference herein. ~(c1 Brian K. Zellner, Esquire Attorney for Defendants 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attyld. No. 59262 Tomas O. illiams, Esquire Attorney for Plaintiff 2331 Market Street Camp Hill, PA 17011 - 4642 (717) 763 - 1383 Atty Id. No. 67987 Pa~~dE~ Navarro & Wright Consulting Engineers, Inc. 115 Reno Avenue New Cumberland, PA 17070 (j,1- J ck A. Lenker, Jr. R 1, Box67A Blain, P 700:~ /' Li a . Lenker RR 1, Box67A Blain, P A 17006 L~ NAVARRO & WRIGHT CONSULTING ENGINEERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No.: 2000-498 Civil Term JACK AND LINDA LENKER, Defendants CIVIL ACTION - LAW AGREEMENT TO DELAY EXECUTION ON STIPULATED JUDGMENT AND NOW, this iW day of fi,,{o..~1L, , 2000, the Plaintiff and the Defendants intending to be legally bound enter into the following agreement: WHEREAS, on or about June 24, 1998, the Plaintiff and the Defendants entered into a written contract in which the Plaintiff agreed to provide design services relating to the property owned by the Defendants known as Woodland Acres Campground. The Defendants agreed to pay the Plaintiff on a time and expense basis in accordance with the Plaintiffs schedule of hourly rates and charges for professional services; and WHEREAS, the parties to this Agreement, agree that the amount of$ 11,242.93 is still due and owing to the Plaintiff by the Defendants for the services performed by the Plaintiff; and WHEREAS, by way of a Stipulation for Judgment dated Iz-/II I I J , 2000, the parties to this Agreement entered into a Stipulation for Judgment whereby the Defendants agreed to pay to the Plaintiff the amount of$II,242,93. The Defendants agreed that a Judgment in the amount of $11 ,242.93 would be entered against them and in favor of the Plaintiff pursuant to the Stipulation for Judgment; and WHEREAS, the aforementioned Stipulation for Judgment was entered into to resolve the litigation pending in the Court of Common Pleas of Cumberland County, Docket No.: 2000-498 Civil Term. A true and correct copy of the aforesaid Stipulation for Judgment is attached hereto and made a part hereof; and WHEREAS, Defendants, by and through their counsel represented to Plaintiff that a lawsuit now pending in the Court of Common Pleas of Perry County involving the Woodland Acres Campground property in which the Defendants herein are the Plaintiffs would reach a partial or full settlement on or before the 20th day of December, 2000 and that Defendants would receive sufficient monies to pay the Plaintiff the full amount of the Judgment set forth in the Stipulation for Judgment; and WHEREAS, Defendants, by and through their counsel, agree to pay over to the Plaintiff the amount set forth in the Stipulation for Judgment on or before December 20,2000. NOW THEREFORE, in exchange for the aforesaid promises the payment of$II,242,93 from the Defendants and other good and valuable consideration, Plaintiffs agree to delay execution on the Judgement against the Defendants until after December 20, 2000. The Plaintiff and the Defendants agree that if payment of the full amount set forth in the Stipulation for Judgment is not made by the Defendants to the Plaintiff by on or before December 20,2000, the Plaintiff may proceed to execute on the Judgment set forth in the Stipulation for Judgment without further notice. --' c-/ NAVARRO & ~RIGHT CON~UL TIOG NGINEERS, INC. By: (l\~ ~1/lJvVv0 Paul J. N 0, P.E. 2 I - ~~^ _L ~ -.10: LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Delhlefs' Mich~el J. Pykosh* Brian K. Zellner 3805 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail.DDethlefs@aol.com Web Site, http.//www.lawyers.comldethlefslawoffice J:. .J..,..:l 1 ll.. Le ah(ssistants DEe ~. ,Deckmao* *Licensed P A Title Agents December 13, 2000 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Navarro & Wright Consulting Engineers, Inc. v. Jack and Linda Lenker No. 2000 - 498 Civil Dear Judge Guido: Please be advised that the parties have agreed to resolve the above - matter by Stipulated Judgment. Therefore, there is no need for the trial scheduled for December 15,2000 at 2:00 p.m. I have enclosed an original and two copies of the Stipulated Judgment with an Order for your signature. If you have any questions, do not hesitate to contact me. Very truly yours, 8-lcw Brian K. Zellner ~ cc: ThomaS O. Williams, Esquire . . Mailing Address: P,O, Box 368, Camp Hill, PA 17001-0368