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WALTER N, HEINE ASSOCIATES,
INC,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
97-GJQ1.?CIVIL TERM
CIVIL ACTION LAW
J, RAYMOND MILLER and J.R.
PROPERTIES, INC,
Defendants
JURY TRIAL DEMANDED
NO~
YOU HAVE BERN SUED IN COURT. If you wiah to defend against
claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by ontering a written appearance personally or by an
attorney and filing in writing with the court your defensos or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may loso money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. Ill'
YOU DO NOT HAVE A LAWYER OR CANNOT AppORD ONE, GO TO OR TELEPHONE
THE OppICE SET PORTH BELOW TO pIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
1 PUBLIC SQUARE
CARLISLE, PA 17013
(717) 240-6200
a 1301e proprietorship owned by Defendant Miller and operating under
a fictitious name,
5, On or about December 4, 1989, Plaintiff, through its
President, Walter N, Heine, entered an agreement with an individual
named Arnold Forbes whereby Plaintiff agreed to provide and Forbes
agreed to pay for ongoing professional engineering services in the
preparation of development plans for a property located at 241 Old
York Road, Dillsburg, PA also known as the "Dillsburg Strip Mall"
proj ect ,
6. This agreement was entel'ed into in anticipation of
developing the 241 Old York Road property into a shopping center,
7. Forbes agreed to make all payments to Plaint.iff at
Plaintiff's then principle place of business, 101 Front Street,
Boiling Springs, Cumberland County, Pennsylvania.
8. From December 4, 1989 to September, 1990 Plaintiff
performed the agreed upon services for Forbes by preparing detailed
development plans, resulting in a balance due and owing t.o
plaintiff of Nineteen Thousand Two Hundred Seventy-foul'
($19,274.00) Dollars.
9. As contemplated by Heine and Forbes, a majority of the
engineering services were performed at Plaint.iff's then place of
business in Boiling Springs, Cumberland County, Pennsylvania.
10. Also as contemplated by Heine and Forbes, plaintiff sent.
Forbes periodic billing statements during this period, copies of
-2-
which are attached hereto, made a part hereof and marked as
Exhibits "A-I" - "A-3".
11, No remuneration for these services was paid by Forbes.
12. Between September 1990 and October 10, 1991, Plaintiff
continued to perform engineering services on the 241 Old York Road
property at the bequest of Forbes, in an effort to complete the
mall project,
13. Plaintiff believes and therefore avers that in or around
November of 1991, Defendant J.R, Properties assumed control of
developing the 241 Old York Road property, but failed to inform
Plaintiff of that fact.
14, Plaintiff believes and therefore avers that Defendant
Miller is the President and sole stockholder of J.R, Properties.
15, On or about December 16, 1991, Heine had a discussion
with Defendant Miller in which Defendant Miller indicated he was
aware of an outstanding debt owed by Forbes to Plaintiff,
16, During this discussion Defendant Miller agreed to satisfy
that debt upon completion of the 241 Old York Road Property in
exchange for using t.he development plans which Plaintiff had
prepared for Forbes.
17, On December 16, 1991 a letter was sent by Heine to
Defendant Miller confirming the above discussion and agreement, A
copy of the letter is attached hereto, made a part hereof and
marked Exhibit "B",
-3-
18, If Miller had not agreed to pay for the work product of
Plaintiff, he would have been required to hire an engineer to
prepare the plans at a comparable price and would have experienced
delay in proceeding with the project.
19. Exhibit "B" further evldences an agreement between the
Parties in which Plaintiff agreed t.o forgo legal action against
Arnold Forbes on the debt at that time in exchange for Defendants'
promise that remuneration on the debt oWl!Jd Plaintiff would be
forthcoming in the "very near future."
20, As a result of the December 16, 1991 discussion, and
Defendant Millers promise that. satisfaction of the debt was
forthcoming, Plaintiff continued to perform engineering services
for the 241 Old York Road property,
21, On February 12, 1992, Walter. Heine spoke to Miller and
advised him of the total balance due at that time. Miller
expressed his surprise at the amount due. Heine indicated that he
required a guarant.y of payment before the plans woul.d be released
to Miller to continue work on the project.
22, On March 30, 1992, Walter Heine mailed a confirming
letter to Miller in which a bill directed to Miller was enclosed.
True and correct copies of the letter and bill are attached hereto,
made a part hereof and marked Exhibit "C-1" and "C-2".
23. On or about April 15, 1992, Arnold Forbes filed a
Volunt.ary Petition for Chapter 7 Bankruptcy.
-4-
24. Plaintiff was listed as a creditor Holding Unsecured
Claims to Forbes in an amount of Twenty-three Thousand Two Hundred
Seventeen ($23,217,65) Dollars and 65/100, representing the
original Nineteen Thousand Two Hundred Seventy. four ($19,274,00)
,
Dollars plus interest and charges for additional services performed
at the request of Forbes between October, 1990 and the date
Defendant J.R, Properties, assumed control of the 241 Old York Road
project,
25. As a result of Forbes' extensive liabilities to his
secured creditors, Plaintiff received no payment for its above
services through Forbes' Bankruptcy proceeding.
26. J,R. Properties was also listed on Forbes' Voluntary
petition in Bankruptcy.
27. However, J,R. Properties status was that of a Creditor
Holding Secured Claims on the 24 J. Old York Road property,
28. As a result of Forbes' bankruptcy proceeding, ownership
and control of the 241 Old York Road property was tl'ansferred to
J.R, Properties by way of a Sheriff's deed dated November 10, 1992,
and recorded in the York County Recorder of Deeds office, in Record
Book 514 page 1078.
29, On or about August 23, 1993, in an effort to continue
development of the 241 Old York Road property, of which
J. R. Properties was now the owner, Defendant Miller requested
additional ongoing engineering services from Plaintiff,
-5-
30, At all times prior to Defendant Miller's renewed req~eat,
the development plans originally prepared at the request of Arnold
Forbes for the 241 Old York Road property at a cost of Nineteen
Thousand Two Hundred Seventy-four ($19,274,20) Dollars and 20/100
were in the sole ownership and possession of Plaintiff as
Plaintiff's work product.
31, At the time of Defendant Miller's renewed request it was
again agreed by the Parties that Plaintiff would permit Defendant
Miller to make use of Plaintiff's work product as consideration for
Defendant Miller's promise to pay for the plans, Miller agreed to
make a reasonable payment but the precise amount was not agreed
upon. Miller did not advise Heine the project was being pursued
not by Miller individually but rather by J.R, Properties.
32. By permitting the Defendants to make \lSe of Plaintiff's
work product, Defendants were spared the comparable cost of
retaining a separate engineering firm to perform the necessary
engineering services and would have experienced delay in proceeding
with the project,
33, Following Defendant Miller's August 23, 1993 request,
Plaintiff performed additional services on the 241 Old York Road
property, now known as the Logan's Crossing Shopping Center project.
(formally the "Dillsburg Strip Mall"),
34, On or about August 30, 1993, Heine again contacted
Defendant Miller with the hope of reaching some type of
-6.
understanding regarding payment of the outst.anding debt owed
Plaintiff.
35, In an August 30, 1993 letter confirming the above
discussion, Heine offered to make certain concessions to Defendant
Miller regarding the debt owed Plaintiff if Defendant Miller would
agree to collateralize the debt with some form of equity and also
to sign a paper agreeing to make regular payments to Plaintiff in
an amount agreed upon by the Parties,
36. Specifically, Heine agreed to reduce the outstanding
principle owed to Eighteen Thousand ($18,000.00) Dollars and to
reduce the interest on the unpaid principle from 1.5 % to 1% per
month. A copy of the letter is attached hereto, made a part hereof
and marked as Exhibit "0",
37. Following this letter, plaintiff continued to perform
engineering services for Defendants.
38, On or about October 15, 1993, Plaintiff sent Defendant
Miller a billing statement totalling Seven Hundred Ninety-five
($795,50) Dollars and 50/100 for engineering services performed in
the months of August and September of 1993. A copy of this bill is
attached hereto, made a part hereof and marked Exhibit "E".
39, Defendant Miller made no payments on this bill.
40. On October :2 9, 1993, Heine and Defendant Miller had a
telephone conversation in which Miller agreed to pay the
outstanding Seven Hundred Ninety-five ($795.00) Dollar bill and to
respond promptly or arrange a meeting with Heine in regard to the
-7-
August 30th letter to agree upon a firm amount that Plaintiff would
be paid when Defendant was able to sell or lease the 241 Old York
Road property,
41, Again, Heine sent Defendant Miller a letter confirming
this telephone conversation between the Heine and Miller, A copy
of Plaintiff's October 29, 1993, letter is att.ached hereto, made a
part hereof, and marked Exhibit "F".
42, In this letter, Heine agreed that payment of any agreed
upon settlement amount could be delayed until Defendant.s leased or
sold the 241 Old York Road propert.y.
43, On November 29, 1993, Heine again had a conversation with
Defendant Miller in which Defendant Miller agreed to pay up to
Twenty Thousand ($20,000,00) Dollars on the outstanding engineering
fee on Logan crossing if Plaintiff agreed to continue to work with
Defendant.s on the Logan's Crossing Shopping Center proj ect at
241 Old York Road and if Plaintiff refrained from having a judgment
entered against Defendants on the outstanding debt.
44. Plaintiff agreed to continue the work with Defendants on
the project and agreed that PlaIntiff would refrain from having a
judgment entered against Defendants on the debt.
45, Plaintiff in fact continued to perform engineering
services and no judgment was ever entered on the debt.
46. On January 7, 1994, Defendant Miller wrote to Heine at
Plaintiff's then place of business in Boiling Springs, Cumberland
County, Pennsylvania, expressing his agreement, individually and in
-8-
his capacity as President and Secretary of J,R, Properties, to pay
Twenty Thousand ($20,000,00) Dollars in satisfaction of the
outstanding debt, provided Defendants were able to sell the 241 dld
York Road property as either as unimproved land or. by leasing and
developing the land in such a way that Defendants were able to
clear the mortgage. A copy of the letter is attached hereto, made
a part hereof and marked Exhibit "G",
47, On February 1,1994, Plaintiff prepared a billing
statement totaling Nine Hundred ($900,78) Dollars and 78/100 for
services performed and interest added to amounts outstanding which
was mailed to Defendant Miller. A copy of the bill is attached
hereto, made a part hereof, and marked Exhibit "H".
48. On February 16, 1994, Defendant Miller again contacted
Plaintiff requesting additional engineering services for the
241 Old York Road property.
49. Plaintiff performed these requested engineering services.
Records were maintained but no further bills were sent to Miller.
50. In a telephone conversation between Heine and Miller on
August 26, 1994 Miller agreed to pay Plaintiff Twenty Thousand
($20,000.00) Dollars for all engineering services to date and
Plaintiff agreed the outstanding balance, in additional bills and
interest, in excess of One Thousand ($1,000.00) Dollars, would be
subsumed into the Twent.y Thousand ($20,000,00) Dollars.
51. On .June 8, 1995, Heine had an additional conversation
with Defendant Miller in which Miller informed Heine that one half
-9-
of the 241 old York Road property had been leased to a Uni-Mart
convenience store, and hopes to sell it when the other one-half is
leased,
52, During thIs conversation, Defendant Miller promised,
individually and on behalf of J,R, Properties, that when Defendants
were able to lease the second half of the property, or sell the
entire property, Defendants would pay the original Twenty Thousand
($20,000,00) Dollars, plus any amount still due and owing P~aintiff
for Plaintiff's additional services performed,
53, On or about June 7, 1996, Defendants sold the 241 Old
York Road property to the Thalia Moshos Trust and Convenience
Partners of Dillsburg, for Eight Hundred Ninety-five Thousand
($895,000,00) Dollars but failed to advise Plaintiff,
54, The transaction is recorded in the York County Recorder
of Deed office, Record Book 1264, Page 0381, A copy of the Deed is
at tached hereto, made a part hereof and marked Exh.ibi t "I".
55, Upon discovering that the property had been Bold,
Plaintiff contacted Defendant Miller and requested the agreed upon
remuneration of Twenty Thousand ($20,000.00) Dollars due and owing
Plaintiff,
56, Defendant Miller did not respond to Plaintiff's re~e8t
and Defendants have not paid. the agreed upon Twenty Thousand
($20,000,00) Dollars or any part thereof.
-10-
COUNT 1- BRBACH OF CONTRACT
WALTBR N, HEINB ASSOCIATES, INC. VS, J. RAYMOND MILLER
57. Paragraphs 1 through 56 of Plaintiff's complaint are
incorporated by reference.
58, As a result of the conversations and correspondence
between Walter N, Heine and Defendant J. Raymond Miller, Defendant
Miller entered an ongoing enforceable agreement with Plaintiff
whereby Miller promised to pay to Plaintiff the agreed upon Twenty
Thousand ($20,000,00) Dollars for use of the development plans
prepared for the project at 241 Old York Road and for additional
services provided as part of the on going project.
59, Defendant Miller's promise to pay was conditioned on his
ability to sell or lease the 241 Old York Road property.
60. Plaintiff performed its obligations under the Parties'
agreement.
61, Specifically:
a) Plaintiff performed ongoing professional engineering
services for the Defendant on the 241 Old York Road property:
b) Plaintiff permitted Defendant to make use of Plaintiff's
valuable work product originally developed for Arnold Forbes,
thereby saving Defendants delay and a comparable cost to retain a
separate engineering firm;
c) Plaintiff honored Defendant Miller's request. to refrain
from having a judgment entered against thC:l Defendants for mOnielil
-11-
due and owing Plaintiff under the Parties enforceable agreement;
62, As a result of Plaintiff's performance under the
enforceable agreement, the Defendant J,R. Properties was able to
sell the 241 Old Yor,k Road property on June 7, 1996 for Eight
lIundred Ninety-five Thousand ($895,000.00) Dollars.
63. Defendant Miller failed to pay Plaintiff the agreed upon
consideration,
64. As a result of Defendant J, Raymond Miller's breach,
Defendant J, Raymond Miller is liable to Plaintiff, Walter N, Heine
Associates, Inc" in the sum of Twenty Thousand ($20,000.00)
Dollars, together with interest from June 7, 1996 and the costs of
suit,
WHEREFORE, Plaintiff prays Your Honorable Court to enter
judgment in favor of Plaintiff and against Defendant J, Raymond
Miller in the sum of Twenty Thousand ($20,000.00) Dollars, together
with interest and costs of suit.
COUNT 11- BREACH OF CONTRACT
WALTER N. HEINE ASSOCIATES, INC. V.S. J.R. PROPERTIES, INC.
65, Paragraphs 1 through 56 of Plaintiff's complaint are
incorporated here by reference.
66, As a result of the conversations and correspondence
between Walter N, Heine and Defendant Miller in his capacity as
President of J.R. Properties, Defendant J.R. Properties entered
into an ongoing, enforceable agreement with Plaintiff.
-12-
"
67, Defendant J,R, Properties' promise to pay was conditioned
on its ability to sell or lease the 241 Old York Road property.
68, Plaintiff performed its obligations under the Parties'
enforceable agreement,
69, specifically:
a) Plaintiff performed ongoing professional engineering
services for the Defendants on the 24: Old York Road property:
b) Plaintiff permitted Defendant to make use of Plaintiff's
valuable work product originally developed for Arnold Forbes,
thereby saving Defendant delay and a comparable cost of retaining
a separate engineering firm;
c) Plaintiff honored Def~ndant Miller's request to refrain
from having a judgment entered against the Defendants f.or monies
due and owing Plaintiff under the Parties enforceable agreement;
70, As a result of Plaintiff's performance under the Parties
enforceable agreement, the Defendant J.R. Properties was able to
sell the 241 Old York Road pr.operty for Eight Hundred Ninety-five
Thousand ($895,000,00) Dollars.
71, Defendant J.R. Properties failed to pay Plaintiff the
agreed upon consideration,
72, As a result of Defendant J,R. Properties, Inc, breach,
Defendant J.R, Properties, Inc. is liable to Plaintiff, Walter N.
Heine Associates, Inc., in the sum of Twenty Thousand ($20,000.00)
Dollars, together with interest from June 7, 1996 and the costs of
suit,
-13-
WHEREFORE, Plaintiff prays Your Honorable Court t.o enter
judgment in favor of plaintiff and against J,R, Properties, Inc. in
the sum of Twenty Thousand ($20,000.00) Dollars, together with
interest and costs of suit ,
COUN~ III-OUANTUM MERUIT
WALTER N, HEINE ASSOCIATES, INC. VS, J. RAYMOND MILLER
73, Paragraphs 1 through 56 of Plaintiff's complaint are
incorporated by reference,
74. From December of 1991 through August of 1994, Plaintiff
performed ongoing, professional engineering services for the
Defendant at the request of Defendant.
75. In addition to these ser.vices, Plaintiff permitted the
Defendant Miller to make use of Plaintiff's valuable work product
originally developed for Arnold Forbes at a cost of Nineteen
Thousand Two Hundred seventy-four ($19,274,20) Dollars and 20/100,
76, Each of the above was undertaken under an agreement
between plaintiff and Defendant Miller, individually and in his
capacity as President of J,R, Properties, that when the Defendants
were eventually able to sell or lease the 241 Old York Road
property, Plaintiff would be compensated for its services and the
use of its valuable work product.
77, Defendants did in fact sell the 241 Old York Road
property for Eight Hundred Ninety-five Thousand ($895,000.00)
Dollars on June 7, 1996,
-14-
78. Despite the agreement between
Plaintiff, Plaintiff has never received
($20,000.00) Dollars or any part thereof,
79. By refusing to compensate Plaintiff for its services and
the use of its valuable work product, Defendant Miller has been
unjustly enriched in an amount in excess of Twenty Thousand
($20,000,00) Dollars,
80, As a result of Defendant Miller's breach, Defendant
Miller is obligated to the Plaintiff, Walter N. Heine Associates,
Inc" in the sum of Twenty Thousand ($20,000.00) Dollars together
with interest from June 7, 1996 plus the costs of suit,
WHEREFORE, Plaintiff prays this Honorable Court to enter
judgment in favor of the Plaintiff and against the Defendant
J. Raymond Miller in the sum of Twenty Thousand ($20,000.00)
Dollars together with interest and costs of suit or in such other
amount as reasonably compensates Plaintiff for valuable services
and work product provided to Defendant.
COUNT IV -j)UANTUM MERUIT
~R N, HEINE, ASSOCIATES. INC, VS, J.R. PROPERTIES, INC,
81. Paragraphs 1 through 58 of Plaintiff's complaint are
incorporated by reference,
82, From December of 1991 through August of 1994, ~laintiff
performed ongoing, professional engineering services for the
Def.endant,
Defendant Miller and
the Twenty Thousand
-15-
83. In addition t.o these services, Plaintiff permitted the
Defendant J.R, Properties to make use of Plaintiff's valuable work
product originally developed for Arnold Forbes at a cost of
Nineteen Thousand Two Hundred seventy-four ($19,274,20) Dollars and
20/100,
84 . Each of the above was undertaken under an agreement
between Plaintiff and Defendant Miller, individually and ~s
President of J. R, Properties, that. when the Defendants were
eventually able to sell or lease the 241 Old York Road property,
Plaintiff would be compensated for its services and the use of its
valuable work product.
85. Defendant did in fact sell
property for Eight Hundred Ni.nety-five
Dollars.
86. However, despi te the agreement between Defendant and
Plaintiff, Plaintiff has never received the Twent.y Thousand
($20,000.00) Dollars or any part thereof.
87. By refusing to compensate Plaintiff for its services and
the use of its valuable work product, Defendant J.R, Properties has
been unjustly enriched in an amount in excess of Twenty Thollsand
($20,000.00) Dollars.
88. As a result of Defendant J.R. Properties, Inc, breach,
Defendant J.R. Properties" Inc, is obligated to the Plaintiff,
Walter N. Heine Associates, in the sum of Twenty Thousand
the 241 Old York Road
Thousand ($895,000.00)
-16-
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VERIFICATION
,
JJ;
Walter N. Heine, President of Walter N, Heine Associates,
Inc" hereby verifies that the facts set forth in the foregoing
Complaint are true and correct to the best of his knowledge,
information and belief, and understands that false statements
herein made are subject to the penalties of 18 Pa, C,S, ~4904
relating to sworn falsifications.
~~~ ..//'
Walter N, Heine
~
DATE: bec.i?1Iv-6p(( 17) 11/7
W,uUA N. UflNf ASSOCIAUS INC.
ENGINEERS' CONSULTANTS
PO 00. 460
Bolling Spring"
P.nn.~IYlnl. 17007
711'2~e,~ 114
October 22, 1990
Mr. Arnold Forbes
R. D. "~, Box 835B
Thomasville, PA 17364
"09-12-75 - Dillsburg Strip Mall
Professional Services for design and
development plan for the months of July,
1990, as follows:
approval of a site
August and September,
- Engineering design revisions as requested by the Borough
Council:
- Obtaining additional site information required by PennDOT for
Highway Occupancy Permit Application (HOP):
- Verification of highway segment numbers and offset distances:
- Establishment of sight distances for the HOP:
- Numerous consultations with Chad Wagner, Borough Engineer
relative to the HOP and building and zoning permits:
- Develop final grading and stormwater management plans:
- Preparation and submittal of final erosion and sedimentation
control plan: '
- Preparation of detail sheet including guide-rail, shoulders,
curbs, etc. and revisions to that sheet;
- f'ormal submit'tals of Final Plan to Borough, HOP application to
PennDOT and erosion control plan to County Conservation
District:
- Communications with Met-Ed and providing prints; and
- Meetings with Borough Authority and PennDOT totalled
nineteen (19); five (5) in July, seven (7) in August and
seven (7) in September.
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Current Amount Due
$ 6,698.85
10,252.00
2,323.35
$ 19,274.20
Statement of 5/25/90
Statement of 7/20/90
TOTAL NOW DUE
NOTE I
Beginning September 1, 1990,
after 30 days .:Ire cubj cct to
compounded monthly.
all balancee outetan~ing
an interest charge of 1.5.
d . .
-2
;:'x'~\'6tJ- A- 7
WAlTO N. IflNf Assea~ns INC.
ENGINEERS. CONSULTANTS
P,Q. 80. 4110
lIoll/ng SQ,lng..
Pfnn,yl..nl. 17007
717.2SHl14
March 30, 1992
Mr. Ray Miller
Danner Real Estate
Abbottstown Street
East Berlin, PA 17316
#89.12,75 - Dillsburg Strip Mall
Total Brought Forward From $ 23,100.47
10/10/91 Statement
11/10/91 - Interest Updated .. 346.40
12/10/91 - Interest Updated .. 351.70
1/lO/92 - Interest Updated .. 356.98
2/10/92 - Interest Updated .. 362.33
3/10/92 - Interest Updated .. 367.76
TOTAL OUTSTANDING WITH INTEREST $ 24,885.64
Additional professional services and
expenses for work performed from
October 15 through December 31, 1991,
for preparation of the Highway Occupancy
Permit renewal for PennDOT (including
out-of-pocket filing fees. for attendance
at meetings with the Borough Manager. and
for other work related to the municipal
permits
$
587.00
TOTAL NOW DUE
$ 25.472.64
>~.y ~J ! fJ.111 (-- '7
. .
.
WAlTfR N. HflNf ASSOCIATfS INC.
ENGINEERS. CONSULTANTS
P.O. 80. 460
lloIlIno Sp,lngs,
Plnn.vl.lnll 17001
111.2S8.5114
October 15, 1993
Mr. Ray Miller
Danner Real Estate
Abbottstown Street
~ast Berlin, PA 17316
#93.08.26 - Logans Crossing Shopping Center
For engineering services for the months of August and September,
1993. including design and drafting of alternatives to the
development plan such as grading, layout and proposed Highway
Occupany Permit revisions. Also for a meeting at the site with
Messrs. R. Miller, B. Rosendale and C. Shu tter on September 14,
1993: also for submitt ing the sketch plan to Dillsburg Borough
for comments.
Senior Engineer 0.8 hrs @ $55.00 $ 44.00
Senior Professional 15.8 hrs @ $40.00 632.00
Technician 5.0 hrs @ $23.00 115.00
--
$ 791.00
Direct Costs and Related Expenses 4.50
TOTAL DUE $ 795.50
NOTE I All balances outstanding after 30 days are subject to an
interest charge of 1.5' compounded monthly.
Fxtjli~11 r
('X
LNVOICB
----.-..
o9~8bi! f5~1H93
Page 1
~IR. RAY HILLER
DANNER RBAL ESTATB
401 ABBOTTSTOWN STRBET.
EAST BERLIN. PA 17316
PO BOX 159
ProJect " 9J-08-26
RAY HILLER
LOGAN'S CROSSING SHOPPING CENTER
Professional Services tor the Bonth ot August 1, 199J to September 30, 19::10
Protesdional Services
Rate
Hours Charge
----- --------
0.80 44,00
15,80 632,\H)
5,00 115, 00
----- --------
21,60 791,00
S 791. 00
-----------
Charge
--------
4,50
S 4,50
---.....------
SENIOR ENGINEElR
SENIOR PROFESSIONAL
TECHN1CIAN
55.00
40.00
23,00
Total Professional Services
Reimburaable Expenses
OTHER
Total Reimbursable Expenses
...........
CURRENT TOTAL DUE
s
795,50
...........
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Pr~lj,e. lHH.
RAt KILLER
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* * DRArT * *
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HR. RAY HILLaR
DANNIR RIAL ISTAT.
401 ABBOTTSTOWN STRB.T, PO BOX 159
lAST BIRLIN, PA 17316
Project ,. 93-08-26
RAY HILLBR
LOGAN'S CROSSING SHOPPING CINTIR
Septeaber 2. 1993
Page 1
Profe..lonal Servlces for the Hontn of August 1, 1993 to August 31, 1993
Profe..ional Servlce.
Rate
SBNIOR INGINIIR
SIN lOR PROrB8SIONAL
55.00
40.00
Total professlonal Servlces
CURRINT TOTAL DUB
r; ,/jJl (7ll [/
Houra Chlrge
----- ----.,.---
0.80 44.00,
0.80 32.00
----- --------
1.60 76.00
$ 76.00
-----------
............
$ 76.00
............
h,m Ow, 9, :,91
,ALIS. N, HIINS ASSOCIAISS [NC,
Slpll,ll 1111 RII~rdl
hIllS:
...........................................................................................~...................................
lrlllltllHH;
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LGOAN'J CROSSING JHOFFINO CSN!IR
....................................................................................................~...............~..........
Ilpl~YII lblltl Dill fHASI lASS Oltl C~lt 01 Hit Bill Rtl Hult Rll Hrl 01 Hrl Bill Hrl StltUI
G,mta
..............................................-.................................................................................
mn , m 31.' au I, :3/13 13.75 ~,m 1.,U 1.W ~.IO .... uo m
NIII ./ S. HILLIS, C, SIOlll1 . .IH . DISCOSS 111S
HIIII III II 10 801 1/IM3 :l.l~ ~.m 5\, ~~ l.m U~ ~... ~.3. no
KlG S. HILLI! i C, Slorlll
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WALTER N. HflNf
ASSOCIATES INC.
ENGINEERS
CONSULTANTS
P,O, Box 460
Boiling Springs,
Pennsylvania 17007
717.258.5114
FAX 717.258.4167
~ -,
..... ""
October 29, 1993
Mr, Ray Miller
Danner Real Estate
Abbottstown Street
East Berlin, PA 17316
Reference: Crestview Subdivision and
~ogan~ Crossing Shopping Center
Dear Ray:
As usual it was II pleasure talking to you today
concerning our mutual interest in resolving the
outstanding engineering fees resulting from work on the
two subject projects.
In regard to the Creetview Subdivision, you indicdted
that you expected a closing on two properties prior to
November 15th, 1993. You further indicated that
although the receipts from those salee are earmarked to
go directly to the bank, you hoped to persuade the bank
to allow you to utilize the receipts from one of the
sales for payment of the outstanding engineering
service fee, now at $6,857.06.
In regard to the Logan's Crossing Shopping Center
proj ect, you indica ted you would pay the curren t fees
for August and September ($795.50). You also indicated
it would be "fair" for you and me to settle on a
specific fee for the plans we prepared for the Shopping
Center which you are utilizing in your effort to lease
commercial sites and/or to sell the entire Shopping
Center. You indicated you woul.d review my letter to
you on this subject of August 30, 1993, and either
suggest a settlement amount or set a date for us to
meet to negotiate an amount. The agreed upon figure
ehould be secured in some manner and, I agree, payment
can be delayed until you lease or sell the property.
~t is important to me to get this matter resolved liS
quickly as possible eo I'd appreciate hearing from you
within the next week. I'm confident that we will
satisfactorily resolve these matters 90 that we can
continue to 9upport the plans we prepared for the
Shopping Center and you can continue in your efforts
to 9uccesefully recover your investment.
I look forward to hearing from you in the very near
future.
y:x'tJ/0/\ ~
Sincerely,
...,
'. :'~i(-?;!4,~--
Walter N. Heine, P.!:.
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\ ENGINEERS I CONSULTANTS
P.O. Boll 480
, IloIIIog ~II1OI,
Plnnaytvan'- 17007
717.258.5114
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November 15. 1993
UPDATED: February 1. 1994
Mr. Ray Miller
Danner Real Estate
Abbottstown Street
East Berlin. PA 17316
#93.08.26 - Logans Crossing Shopping Center
For professional engineering services for the month
1993. speCifically drafting of the development
communications with ,C. Shutter.
of OctOber,
plan and
Senior Professional 0.2 hrs E! $40.00 $ 8.00
Technician 2.0 hrs @ $23.00 46.00
.Current Total Due $ 54.00
Statement of
October 15, 1993 $ 795.50
Interest + 11.93 807.43
$ 861.43
Interest of November 15, 1993 + 12.92
Interest of December 15, 1993 + 13.12
Interest of ,J~nuary 15, 1994 + 13.31
TOTAL NOW DUB $ 900.78
........,
,
NOTE: All balances outstanding after 30 days are subject to an
interest charge of 1.5' compounded monthly.
yY~J10i r H
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"
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. .
PAGE
n38i
~ 6
l
~','''\I!
....... .
1264
THIS INDENTURE,
MADE THE 1 day of CL... .... in the yeal!.' of our Lord One
..OU.... ",. hU::ro. '''~-''1'':''''
BE1WEEN J. a. Ji'ROl'EKTIBO, INC., a JilGnnsylvania corporation,
of 1'.0. BOX 159, .ast Sarlin, Ji'ennsy~vania 17316 -- (Jlt41YJr()1l
-~- V
II" {~ \~
~: l: &
J1UC!lB HOBBOS and THALIA HOSBOS, TRUBTEED 0' 'l'JDl '1'JIALIA MODBOB TRUST
an4 CO)/VJUlIEIlCB Ji'ARTlIIERS or DILLSBtlRO, LIMITED l'AR'1'HERB, a
Jilannsylvania Lilllite4 Jilartnership, each a. lin un4ivida4 one-half
(1/2) intereet as Tenant. in common -- (J~S
~SSE11l, that the said Grantors for and in consideration
of the sum of Eight-hundred ninety-five Thousand ($695,000.00)
Dollars lawful ~oney of the united StateD ot America, unto it well
and truly paid by the said Grantees at and before the sealing and
delivery of these presents, the receipt whereof is her~by
acknowledged, have granted, bargained, Bold, aliened, enteoffed,
released and confi~ed, and by these presents do grant, bargain,
sell, alien, enfeoff, releaso and confirm unto the said Grantees
their successors and assigns,
aLL that certain piece or parcel of land, situate in the ~Qrouah of
Dillsburq. York County, pennsylvania, more particularly described
as follows ,to wit:
BBOIHNIHO at a point at the curbline of North Baltimore street,
said point being in the S 7 - 17 - E, 100.22 foot line of a Deed to
cumberland county National Bank and Trust Company dated February 2,
1967 and recorded in Deed Book 59-Y. Page 943, then running with a
portion of said line and the outline of said Deed the following
courses: (1) S 07 - 29 - 25 E, 77.01 feet to a point at the
curbline of the afore~entioned roadl then by the sa~e (2) S 08 -08
20 E, 95.33 feet to a point at said curbline and lands now OJ;'
formerly of the Logan Estate; then by lands at the same (3) S 74 -
17 _ 35 W, 359.97 teet to a point on the right of way line of U. S.
Route 151 then by said right of way line (4) N 20 ~ 40 - 40 E,
264.42 feet to a point on said right of way linel then leaving said
right of way line by the following line of division noW established
(5) N 84 - 49 - 40 E, 230.57 feet to a point at the west ourbline
of tlarth Balti~ore street, the place of BIlOIlfAlUlO.
)-. X t,\ I V / r "f
~f
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PAGE
n~fll
I?flh
COllTlUlII!IG 1. 334 Acres.
prior deed of reoord.)
Being designated as Lot 2 on a Final Plan of Minor Subdivision for
cumberland county National Bank and Trust company whioh Plan io
recorded in the Offioe of the Reoorder of Deeds in and for York
County, pennsylvania, in Plan Book ;rJ, Page 505, said Plan having
been prepared by Rodney Lee DeOker, P.L.S. '17396-E.
(Erroneously shown as 1,334 acre" on
BRIIIG TBm OAKS PREXISRS which Kenneth L. Markel, Sheriff of York
County, Pennsylvania, by hIs Deed dated November 10, 1992, and
recorded in the Office of the Recordor of Deeds in and for York
County, Pennsylvania, in Record Book 514, page 1078, granted and
conveyed unto J. R. properties, Inc., Grantee herein,
TOORTJR:R WITH all and singular ways, watllrs, water-courses, rights,
liberties, privileges, hereditaments and appurtenances, whatsoever
thereunto belonging, or in anywise appertaining, and the
reversions, and r~mainders, rents, issues and profits thereof, and
all the estate, right, title, interost, property, claim and demand
whatsoever, of said tract of land in law, equity, or otherwise
how~oever, of, in and to the same and every part thereof.
'1'0 HAVlI MID '1'0 BOLD the said trect of land, hereditament. and
prellises hereby granted or mentioned and intended so to bill with the
appurtenanoes, unto the said Grantees, their successors and
assigns, to an~ for the only proper US8 and behoof of the said
Grantees, their heirs and assigna forever.
AND the said Grantor hereby covenants and agreell that it will
warrant 8PICIALLY the property hereby conveyed.
JNJVITNESS WllEREOF, the said Grantor has causl1Id this
.,,,,f;,~f.ind~l\ture to be signed in its corporate nil me by its President, the
!~'''r\lI,'''l5.~:llOd~..Year first above written.
,....~<< J.f<. ;. -.... ~.
.... ~ ..~...........1. \, .,~! J. R. PROPIlRTXIl8, INC.
/ ?~.l;' ~('t~,~\\i
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Bfl "~, . 'D "":A3.
~ ond H ller,
President
F / k\ I e, Ii' S
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";JIErnTF' ::; /':ETUIW
CASE NO: 1997"06910 P
COMMONWEALTH OF PENNSYLVANIA,
~OUNTY OF CUMBERLAND
IJUT ,-'/.' 'cUIJIIlY
HEINE WAL T~lL1Lt\9.~3(J l.t;;A:rr:~Jl!~;...
VG.
MILLER J J:!AYNOND ~'I:....AL._____..__..._
,
R. Thomas I<L!-.nL___.____, :3hlC}r L it, who hE:'lng duly sworn ;Jr~~cCJrdlno
to l'1w, says, that hE' made a d11i9E'nt r,eaITh und inquiry for the within
named defendant, to Wi t.: ..J1l.bl,.EB..._LJ1AYM1U2....____.__. _.___
but was unable to locat.
Hil11
in hiE bailiwick, He thereforE'
deputized the sherlff of 'ADIlr:!S ..___.__ Cuunty, Penn'Jylvanla.
to serve the within COMPLAINT
On January
~.b.......199~__, this Q,f.fice was in r€:ccI.pl of
the attached retuI'n from ___!1.~JAM'L.___.__
CIJUnty, Pl.::.lnnmylviJnia.
Sheriff's Costs:
Docketing
Out of County
Surcharge
Apams C.,un t y
18, Wi)
9,00
2,00
32.40
$51.. 40 DALE F. SHUGHART, JR,
01/13/1998
::;0 anrJwers:.. _" #:
4At.';~l4~
/'~~ 'e~
rr~2:f.rhoma8 Kl1r]. " .oheri.ff
Sworn and 3ub;gGr1.b~ to befol.jtJ me
this -L~ day Of~(_.__.
J.9 9'1 II. D,
o 'f'- Q '1j~,",{ . A2(i1;__,__..-.....
F roITlono ~Qr'Y
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.
.
.
.
.
.
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QRAPHCOM, INC. I11n 334-3101
0... TE RECEIVED
D'" TE PROCESSED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTlONI: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" on thl In.,.. 0' the '." (No. a) copy 0' lhl, 'OIm, PIMM
type Of' prlnlleglbty, Insuring 'Udlbllll'f of III copl..
Do nol delach any copl... ACSD !HY.'
2. COURT NUMBER
1. PLAlNTlFF/8/
WALTER N. HEINE ASSOCIATr$, INC. 9 -
3, ~FENlWlT/8/ 4. TYPE OF WRIT OR COMPLAINT:
J. RAyt.()ND MIlLER and J. R. PHOPERTU:S>-JNC. C aint in CIvil Action
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC, TO SERVICE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED OR SOLD.
.IRV.
.
J. Raymond Miller and J, R, Properties, lnc,
e. ADDRESS j51'"1 Of RFO. Ap4r1manl No., CIIV. SOfa, Twp., Sla,;-;;nd-iIP CODE)
AT
1454 Pine Run lld" Abbottstown, Pi\
1. INDlCA~ UNUSUAL SERVICE: rJ PERSONAL rl PERSON IN CHARGE II DEPUTIZE U CEAT. MAil U REGISTERED MAil [) POSTED Ll OTHER
Now, _ 19 , I, SHERIFF OF ADAMS COUNTY, PA., do heraby deputize the Sheriff of
____ County to execute this Writ and make return therol according to law. This deputation being
made at the request and risk of the plaintiff.
SHERlffF OF ADAMS COU'HTY
S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLtCABLE ON WAIT OF EXECUTION: N.D. WAIVER OF WATCHMAN-Any depuly IIherl" levying upon or BIll".Chlng 3.ny property und$r wilhln wrll may ~av.
..m. wllhout .. watchman, In eUllody 0' whom....er I, found In pauenolon, aile' noUfylng person 01 levy Of allaehmenl, wllhout lIabUlIy on lhe plrlllt such depuly or the ..h.rllllo
any plalnlltt Mr.ln rot any l01I, dellruclloo or l.mov.1 0' any auch property betore Ih.rlll'a aale thereof,
e. ItoNATURI 0' AnORNIV Of othlf ORIGINATOR reque,Ung aeNlee on behalf of: J::a. TELEPHONE NUMBER J 1 I. DATE
~ PLAINTIFF
Dale F'. Shughart, Jr" Esq, [1 DEFENDANT
. -
SPAC QRWiiilF SHERIFF ONLY - DO...NOT WRIT~I.QYUH:C:
12. I ecknow\ldgl reetHp' of the writ SIGNATUAe of Aulhorized ^CS_D Oepuly or Clerk and Tille 13. Oale Received 14. Ellplrallon I Hearing 0..11
Of camplalnt .. Indlulld atovl. ~
15. I h...lby CIATUry and RITUM lhall rXhave perlonally lIerved, ['1 have .erved ~raon In chllge, r) have legal ovldence 0' servIce all shown In "Remarks" (on reverse)
(,1 hllv, potled 1M above ddlCrlbed property wllh Ii'll wrll or complalnl d.sc,i~ on the Individual, compllny, corporaUon, elc., althe lllddreslIshown above or on Ih.
individual, com~ny, COtpofallon, lie" Illh. addreSlllnstrltd below by handing/Of' POlling' TRUE and ATTESTED COPY Ih.ro'.
1.. a I hertby OIrIlty and rllurn' NOY ~OUND becauII' I 1m 1.lI1able 10 local. tM IndivIdual, company, carper'llon, Itr,., na~ above. (See remarks below)
11 N.... .nd 11I10 of 1_ldu.l_od Wife of J, Raymond Miller. accepted service ". A....,., 01 'oil"" ,,. "'" d1'"",on A.ad Ordtl
Ihen r.'ldlng In the delendanl'. UIIIJII
_---12.r J. Ravrnond mller and J. R, Pror>ertles, Inc. ._ ~oc.~.......u [j
1.. Adc1r... of whit. MNed (complet. 01\1y I' dlff.,ent lhan Ihewn .beve) (Str..t or AFO, Apartmenl No" City, Boro, Twp., 20. Dille 01 Service 21. Time
Slat. and ZIP COGE)
12/23/97
22. Anlllf'TS
Dep.In'.
Oat.
MlhI.
i [0.. [..... ..~
28 27 Tof.1 Coels
_ _ $TI,40 ~,
1/9/98
Mllr'~
28. ona'lllllll XIlI RIFUND
$17.60 Ck. #103
23, Adva~ CotIt 24,
$50.00 FbI. SlIer ff #19249
25,
80 ANaWIA.
AfFIRMED and IUbIeribId 101M,..... m. thlt
N/I\
da,. o,~
18
By (Sh4rlrll ~tJ(P\q.. rrlnl 01 Ty~)
Ik:.=l..!L.JJll.llU:'
~~
IHIAlP' OF ADAMe COIINTY
Oaht
~1lonot.,.,.o.putylNoe.,.,~bIlG
Oat.
/~ 1t3/<J1'L
MY COIoIMlesKlti IIXPIAIS _________..__..__..__
I AC~NOWlloal AICEIPT Dl' THIIHlAI','1 IInUIIH iIGHA1UAI
01' AIITHOlllZ1!D liSSUING AUTHOIUTY AND TrTlE
'----'=t 0.,. R.,,"lved .~__
~
WALTER N. HEINE, ASSOCIATES,
INC. ,
IN 'rilE COUR'r 01' COMMON PLEAS
OF ClJMBERI,AND COUNTY, P.A
Plaintiff
v,
No. 97-0973 CIVIL TERM
J, RAYMOND MILLER and
J. ,R, PROPERTIES, INC"
Defendants
CIVl[, ACTION .. 1,AW
,nmy 'l'HTAI, DE:MI\NDED
ANSWER WITH NBW MATTIR
,
Defendants J. Raymond Miller and J. R. Properties, rnc,. by
their attorneys CountefJs GIlbert IIlldreWfl, answer the separately
numbered paragraphs of the Complaint as follows:
1, Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
the truth of the averments of thIn paragraph.
2.
Admi t ted in part and don led in part.
Defendants admit
that Defendant J. Raymond Miller, a/k/a as Ray MIller, ie an adult
individual who restdss at 1454 Pine Run Road, Abbottstown,
Pennsylvania 17301 and admit that he had a place of business at 401
Abbottstown Street, Eaat Berlin, Adame County, Pennsylvania 17316.
Defendants deny that Mr, Mlller an of this date has a place of
business at 401 Abbot.tst.own Street, East Berlin, Adams County,
Pennsylvania 17316,
3.
Admitted in part and denied In part,
Defendants admit
that Defendant J. R. Propel:tleB, Inc, ("J, R, Properties") ill a
Pennsylvania buslnesa cor'poration.
Defendants deny that J. R.
Properties has a rllgifltered office at 128 Eaat Winding Hill Road,
Mechanicsburg, Cumborlllnd County, Pennsylvania 17055,
;',
4, Denied, After reasonable investigation, Defendants are
without knowledge or information sufficIent to form a belief as to
Plaintiff's beliefe with respect to Defendant J. R, Properties,
Inc.
5. Denied. Defendants deny that a property located at 241
Old York Road, Dillsburg, Pennsylvania is also known as the
"Dillsburg Strip Mall." After reasonable investigation, Defendants
are without knowledge or information sufficient to fornl a belief as
to the remainder of the averments of paragraph 5,
6, Denied, After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
the truth of the averments of this paragraph.
7. Denied, After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
the truth of the averments of this paragraph,
a, Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
the truth of the averments of this paragraph,
9. Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
the truth of the averments of this paragraph.
10. Denied, After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
the truth of the averments of this paragraph,
.,
, ,'r,'
.\.'
2
11. Denied, After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
the truth of the averments of this paragraph,
12, Denied, Defendants deny that any project at 241 Old York
Road was a "mall project," I\fter reasonable investigation,
Defendants are without knowledge or information sufficient to form
a belief as to the remainder of the averments of this paragraph.
13. Denied, Defendants deny that In or around November of
1991, J. R, Propertiea allllunled control of developing 241 old York
Road and deny that thIn wall a "fllct" 110 that there was nothing
about which to inform PlaIntiff,
14. Admitted in part and <lunle<l In part, After reasonable
investigation, Defendanto are without knowledge or information
sufficient to form a belief 1111 to Plaintiff's beliefs. Defendants
admit that Defendant Millol' III tho prollldent and sole stockholder
of J, R, Properties,
15. Admitted in pa rt ilnd don led in part. Defendants admit
that Heine had a dillcullllion at Dome point with Defendant Miller in
which Defendant Millel' Indicated he was aware of an outstanding
debt owed by Forbell to pl<llntICf. I\fter reasonable investigation,
Defendants are without knowlodqo or information sufficient to form
a belief as to whethel' lIuch dlllcuBsions held on or about December
16, 1991,
16. Den ied. Dfl fl'llIdants deny that during this discussion or
at any other tlmo Defendant Miller agreed to satisfy any debt upon
completIon of property at 241 old York Road, whether in exchange
3
for using development plans or otherwise, Defendants deny each and
every remaining averment in paragraph 16,
17. Admitted in part and denied in part, Defendants admit
that on or about December. 16, 1991, Heine sent to Defendant Miller
the letter attached as Exhibit "B" to the Complaint. Defendants
deny each and every remaining averment in this paragraph. For a
further response, Defendants respectfully refer to Exhibit "8" to
the Complaint, the contents of which speak for itself,
18. Denied. Defendants deny that Miller agreed to pay for
the work product of Plaintiff and deny that Miller would have been
required to hire an engineer to prepare plans at a comparable price
and would have experienced delay in proceeding with the project,
Defendants deny each and every remaining averment in this
paragraph,
19, Denied. The averments of paragraph 19 constitute
conclusions of law to which no response is required. To the extent
a response is deemed required, such averments are denied. For a
further response, Defendants respectfully refer to Exhibit "8" to
the Complaint, the contents of which speak for themselves.
20. Denied. Defendants deny that Defendant Miller promised
to satisfy any debt owed to Plaintiff, After reasonable
investigation, Defendants are without knowledge or information
suffic.ient to form a belief as to whether or not Plaintiff
continued to perform engineering seJ:'vlces at 241 Old York Road.
21. Admitted in part and denied in part. Defendants admit
that at some point Walter Heine spoke to Miller and advised Miller
4
of the pur'port;ed balance due by Forbes at that time, and that
Miller expressed surprise at the amount due because such amount was
exceedingly high. Defendants further admit that lIeine indicated he
desired a guarantee of payment before plans would be released to
Miller to continue work on any project. Defendants deny that any
guarantee of payment was given by either Defendant and deny each
and every remaining averment in this paragraph.
22, Admitted in part and denied in part, Defendants admit
that on or about March 30, 1992, Walter Heine mailed a letter to
Miller in which a bill directed to Miller was enclosed, Defendants
also admit that Exhibits "C-1 and C-2" appear to be true and
correct copies of such letter and bill, Defendants deny any
implication in paragraph 22 that either Defendant was indebted to
Plaintiff or Walter Heine.
23. Admitted in part and denied in part, Defendants admit
that Arnold Forbes filed a Voluntary Petition for Chapter 7
bankruptcy in 1992, After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
whether such Petition was filed on April 15, 1992.
24. Denied, Defendants deny that J. R. Properties assumed
control of the 241 Old York Road project. After reasonable
investigation, Defendants are without knowledge or information
sufficient to form a belief as to the remainder of the averments in
this paragraph.
5
25, Denied, After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
the truth of the averments of this paragraph.
26. Admitted.
27, Admitted in part and denied in part. Defendants admit
that J, R, Properties' status was that of a Creditor holding
secured claims. Defendants deny that J, R. Properties had any
security in 241 Old York Road.
28, Denied. Defendants deny that ownership and control of
the 241 Old York Road property was traneferred to J, R. Properties
by way of a sheriff's deed or otherwise. Defendants deny each and
every remaining averment in paragraph 28.
29. Denied, Defendants deny that either Defendant was
engaged in any effort to continue development of 241 Old York Road,
deny that J'. R. Properties was ever the owner of 241 Old York Road,
and deny that Defendant Miller requested additional ongoing
engineering services from Plaintiff in connection therewith.
Defendants deny each and every remaining averment in this
paragraph.
30, Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
any of the averments in this paragraph.
31. Admitted in part and denied in part. Defendants admit
that the parties never agreed to any precise amount. Defendants
deny that either Defendant ever agreed that PlaintIff would permit
Defendant Miller to make use of Plaintiff's purported work product
6
as consideration for Defendant Miller's promise to pay for any
plans, deny that Miller agreed to make a reasonable payment and
deny that lIeine was unaware that Miller was acting as president of
J, R, Properties, Defendants deny each and every remaining
averment in this paragraph.
32, Denied, Defendants deny that either Defendant was ever
spared the comparable cost of retaining a separate engineering firm
to perform engineering services and deny that they would have
experienced delay in proceeding with the project for Plaintiff's
work product, Defendants specifically deny each and every
remaining averment in paragraph 32,
33, Denied, Defendants deny that any project at 241 Old York
Road was ever known as the Logan's Crossing Shopping Center
project, After reasonable investigation, Defendants are without
knowledge or Information sufficient to form a belief as to whether
Plaintiff performed any additional services at 241 Old York Road,
Defendants deny each and every remaining averment in this
paragraph.
34. Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belIef as to
whether Heine contacted Defendant Miller on or about August 30,
1993 and are without kno~ledge or information sufficient to form a
belief as to He ine' s hopes with respect to su'ch contaot.
Defendants deny each and every remaining averment in this
paragraph.
7
35, Admitted in part and denied in part. Defendants admit
that Heine sent Defendant Miller an August 30, 1993 letter.
Defendants specifically deny each and every remaining averment in
this paragraph. For a further response, Defendants respectfully
refer to Exhibit "D" to the Complaint, the contents of which speak
for themselves.
36. Denied. Defendants specifically deny each and every
averment in paragraph 36 of the Complaint. For a further response,
Defendants respectfully refer to Exhibit "0" to the Complaint, the
contents of which speak for themselves.
37. Denied. Defendants deny that Plaintiff continued to
perform engineering services for Defendants.
38. Admitted in part and denied in part. Defendants admit
that on or about October 15, 1993, Plaintiff sent Defendant Miller
a billing statement, a copy of which appears to be attached as
Exhibit "E" to the Complaint. Defendants deny each and every
remaining averment in this paragraph, including any implication
that Defendant Miller was responsible for such billing statement.
For a further response, Defendants respectf.ully refer to Exhibit
"E" to the Complaint, the contents of which speak for themselves.
39. Admitted.
40. Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
whether Heine and Defendant Miller had a telephone conversation on
October 29, 1993. Defendants deny that Miller ever agreed to pay
any purportedly outstanding $795 bill and deny that Defendant
8
Miller ever agreed to arrange a meeting with Heine to agree upon a
firm amount that Plaintiff would be paid when Defendant was able to
sell or lease the 241 Old York Road property. Defendants deny each
and every remaining averment in this paragraph.
41, Admitted in part and denied in part, Defendants admit
that Heine sent Defendant Miller a letter, a copy of which is
attached as Exhibit "F" to the Complaint, Defendants deny each and
every remaining averment in paragraph 41, For a f.urther response,
Defendants respectfully refer to Exhibit "F", the contents of which
speak for themselves,
42, Admitted in part and denied in part. Defendants admit
that Heine sent Defendant Miller a letter, a copy of which is
attached as Exhibit "F" to the Complaint. Defendants deny each and
every remainIng averment in paragraph 42. For a further response,
Defendants respectfully refer to Exhibit "F", the contents of which
speak for themselves.
43, Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
whether Defendant Miller had a conversation with Heine on or about
November 29, 1993. Defendants deny that Defendant Miller agreed to
pay up to $20,000 on any purported outstanding engineering fee on
Logan Crossing if Plaintiff agreed to continue to work with
Defendants of the Logan's Crossing Shopping Center project and/or
if Plaintiff refrained from having a judgment entered against
Defendants on the outstanding debt. Defendants deny each and every
remaining averment in this paragraph.
9
44, Denied, Defendants deny that either of them had any
agreement with Plaintiff with respect to the Logan Crossing
Shopping Center project, deny that Plaintiff agreed to continue to
work with Defendants on any such project, and deny that Plaintiff
would have had any right to have a judgment entered against
Defendants on any purported debt, Defendants deny each and every
remaining averment in this paragraph.
45. Admitted in part and denied In part, Defendants deny
that Plaintiff contJ.nued to perform engineering services,
Defendants admit that no judgment was ever entered against either
of them on any purported debt.
46, Admitted in part and denied in part. Defendants admit
that on or about January 7, 1994, Defendant J. R. Properties, Inc.
wrote and sent to Plaintiff the letter attached as Exhibit "G" to
the Complaint. Defendants specifically deny each and every
remaining averment in this paragraph. For a further response,
Defendants respectfully refer to Exhibit "G" to the Complaint, the
contents of which speak for themselves.
47. Admitted in part and denied in part. Defendants admit
that on or about February 1, 1994, Plaintiff mailed to Defendant
M.iller a billing statement, which is attached as Exhibit "H" to the
Complaint. Defendants deny any implication that either of them are
liable pursuant to such statement. Defendants specifJ.cally deny
each and every remaining averment of this paragraph.
48, Denied. Defendants deny that Defendant Miller contacted
Plaintiff request.ing any engineering services for property at 241
10
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Old York Road, Defendants deny each and every remaining averment
in this paragraph,
49, Admitted in part and denied in part. Defendants deny
that Plaintiff performed the engineering services to which it
refers in paragraph 48 of the Complaint, Defendants admit that no
further bills were sent to Miller. After reasonable investigation,
Defendants are without knowledge or information sufficient to form
a belief as to Plaintiff's maintenance of records.
Defendants
specifically deny each and every remaining averment in this
paragraph,
50, Denied. Defendants deny that either Defendant ever had
any agreement with Plaintiff except as set forth in Exhibit "G" to
the Complaint. Derendants deny each and every remaining averment
in paragraph 50,
51, Admitted in part and denied in part. Defendants admit
that at some point Heine had a conversation with Defendant Miller
in which Miller informed Heine of a lease to a Unimart convenience
store and of his hopes to sell the property when and if the other
one-half was leased. Defendants specifically d~ny each and every
remaining averment in this paragraph.
52. Denied. Defendants deny that there was ever any
agreement except as set forth in Exhibit "D" to the Complaint.
Defendants specifically deny each and every remaining averment in
paragraph 52.
53. Admitted in par.t and denied in part. Defendants admit
that on or about June 7, 1996, J. R. Properties sold property to
11
Thalia Moshos Trust and Convenience Partners of Dillsburg for
$895,000, Defendants specifically deny each and every remaining
averment of this paragraph.
54, Admitted in part and denied in part, Defendants admit
that the sale of property from J. R. Properties to Thalia Moshos
Trust and Convenience Partners of Dillsburg is recorded in the York
County Recorder of Deeds Office, at Record Book 1264, Page 381, and
that a copy of what appears to be such deed is attached as Exhibit
"I" to the Complaint, Defendants specifically deny each and every
averment in paragraph 54,
55. Admitted in part and denied in part. Defendants admit
that at various times Plaintiff contacted Defendant Miller and
requested that he pay $20,000, Defendants deny each and every
remaining averment in paragraph 55.
56. Admitted in part. and denied in part. Defendants admit
that Miller did not pay $20,000 to Plaintiff. Defendants deny that
he had any obligation to do so and deny that he failed to respond
to Plaintiff's request, Defendants specifically deny each and
every remaining averment in this paragraph.
COUNT I
57. Defendants incorporate by reference their responses to
paragraphs 1 through 56 of the Complaint as if fully set forth
herein.
58, Denied, The averments of paragraph
conclusions of law to which no response is required.
58 constitute
To the extent
12
COUNT II
65, Defendants incorporate by reference their responses to
paragraphs 1 through 58 of the Complaint as if fully set forth
herein.
66, Denied. The averments of paragraph 66 constitute
conclusions of law to which no response is required. To the extent
a response is deemed required, such averments are denied.
67, Denied, Defendants deny that any promise to pay by J. R.
Properties was conditioned on any ability to sell or lease the 241
Old York Road Property, Defendants specifically deny each and
every remaining averment in paragraph 67,
66. Denied. Defendants deny that Plaintiff performed any
obligations and deny that parties had an agreement enforceable or
otherwise.
69. Admitted in par,t and denied in part. Defendants admit
that Plaintiff did not obtain a judgment against either Defendant,
but deny that Plaintiff would have been entitled to any such
judgment. Defendants specifically deny each and every remaining
averment in paragraph 69.
70. Denied. Defendants deny that t.here was ever any
agreement, enforceable or otherwise, and deny that J. R. Properties
ever owned or ever sold property at 241 Old York Road.
71. Denied. Defendants deny that there was any agreed-upon
consideration. Defendants specifically deny each and every
remaining averment in this paragraph.
14
72, Denied, Defendants deny that J. R. Properties, Inc. is
in breach of any purported agreement, and deny that Defendant J, R.
Properties is liable to Plaintiff in the sum of $20,000 or in any
other amount,
WHEREFORE, Defendants respectfully request that this Honorable
Court enter judgment in their favor dismissing the Complaint with
prejudice; awarding Defendants the costs of this accion; and
awarding such other and further relief as may be just and
appropriate.
COUNT III
73. Defendants incorporate by reference their responses to
paragraphs 1 through 58 of the Complaint as if fully set forth
herein.
74. Denied. Defendants deny that from December, 1991 through
August, 1994, Plaintiff performed ongoing professional engineering
services for Defendant at the request of Defendant. Defendants
specifically deny each and every remaining averment in this
paragraph.
75, Denied. Defendants specifically deny each and every
averment in paragraph 75.
76, Denied, Defendants specifically deny each and every
averment in paragraph 76,
77. Denied, Defendants specifically deny each and every
averment in paragraph 77,
78. Denied. Defendants deny there was any agreement between
Defendant Miller and Plaintiff. After reasonable investigation,
15
Defendants are without knowledge or information sufficient to form
a belief as to whether Plaintiff ever received $20,000 or any part
thereof,
79, Denied. Defendants spe~if ically deny ea~h an4 every
averment in paragraph 79.
80, Denied, Defendants deny that Defendant Miller is in
breach of any agreement, and deny that Defendant Miller is
obligated to the Plaintiff In the sum of $20,000 or in any other
amount,
WHEREFORE, Defendants respectfully request that this Honorable
Court ent.er judgment in their favor dismissing the Complaint with
prejudice; awarding Defendants the costs of this action; and
awarding such other and further relief as may be just and
appropriate.
gQI!lrLn!
81, Defendants incorporate by reference their responses to
paragraphs 1 through 58 of the Complaint as if fully set forth
herein,
82, Denied. Defendants deny that from December, 1991 through
August, 1994, Plaintiff performed ongoing professional engineering
services for Defendant at the request of Defendant. Defendants
specifically deny each and every remaining averment in this
paragraph.
83. Denied, Defendants specifically deny each and every
averment in paragraph 83.
16
84. Denied. Defendants specifically deny each and every
averment in paragraph 84.
85. Denied. Defendants specifically deny each and every
averment in paragraph 85.
86. Denied. Defendants deny there was every any agreement
between Defendant and Plaintiff. After reasonable investigation,
Defendants are without knowledge or information sufficient to form
a belief as to whether or not plaintiff every received $20,000 or
any part thereof.
87. Denied. Defendants specifically deny each and every
averment in paragraph 87.
88. Denied. Defendants deny that J. R. Properties is in
breach of any agreement and deny that J. R. Properties is obligated
to the plaintiff in the amount of $20,000 or in any other amount.
WHEREFORE, Defendants respectfully request that this Honorable
Court enter judgment in their failor dismissing the Complaint with
prejudice; awarding Defendants the costs of this action; and
awarding such other and further relief as may be just and
appropriate.
NEW MATTER
Defendants allege for their matter as follows:
89. Any purported agreements between plaintiff and either
Defendant are void, voidable, and unenforceable for failure of
consideration.
90. The Complaint fails to state a cause of action against
either Defendant.
17
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WALTER N. HEINE ASSOCIATES,
INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
97-6978 CIVIL TERM
CIVIL ACTION LAW
JAY RAYMOND MILLER and J.R.
PROPERTIES, INC.
Defendants
JURY TRIAL DEMANDED
REPLY TO NEW MATTER
AND NOW, comes the plaintiff, Walter N. Heine Associates,
Inc., by its attorney, D~le F. Shughart, Jr., Esquire, and makes
the following Reply to New Matter:
89. The averments of Paragraph 89 of Defendant's New Matter
state conclusions of law and no Reply is required. If a Reply is
required, the averments of paragraph 89 are denied. On the
contrary, the agreements of the parties are valid, enforceable
and supported by adequate consideration. The averments of
Plaintiff's Complaint are incorporated herein by reference
thereto.
90. The averments of Paragraph 90 of the Defendant's New
Matter state conclusions of law and no Reply is required. If a
Reply is required, the averments of Paragraph 90 are denied. On
the contrary, Plaintiff's Complaint does state a cause of action
and the averments of the Complaint are incorporated herein by
reference thereto.
91. Denied. On the contrary, Plaintiff's agreements with
J. Raymond Miller were, as alleged, based upon his individual
agreement to be responsible for payment of the obligations due to
...
the Plaintiff, as alleged in Plaintiff's Complaint, the averments
of which are incorporated herein by reference thereto.
92. The averments of Paragraph 92 of the Defendant's New
Matter state conclusions of law and no Reply is required. If a
Reply is required, th~ averments of paragraph 92 are denied. On
the contrary, the claims stated in the plaintiff's Complaint were
~iled within the time allowed by the applicable statut~ of
limitations.
93. The averments of Paragraph 93 of the Defendant's New
Matter state conclusions of law and no Reply is required. If a
Reply is required the averments of Paragraph 93 are denied. On
the contrary, the claims set forth in the Complaint are not
barred by the statute of fraudo, based upon the facto as alleged
in the plaintiff's Complaint, the averments of which are
incorporated herein by reference thereto.
WHEREFORE, Plaintiff prays Your Honorable Court to enter
judgment in favor of the Plaintiff and against Defendant's
J. Raymond Miller and J.R. Properties, Inc., jointly and
severally, in the sum of Twenty Thousand ($20,000.00) Dollars
together with interest and cost of suit.
:;:;~:'(;;;.h1
Dale F. Shughart, Jr., ~qUire
Supreme Court I.D. 19373
35 East High Street, Suite 203
Carlisle, PA 17013
Telephone: (717) 241-4311
Fax: (717) 241-0421
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