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Home My WebLink About03-1565COMMONWEALTH OF PENNSYLVANIA C~,~e'_~la~_ County, Pennsylvani JUDICIAL DISTalCT ~.~na, leo A. ~±em..n~, ~r. NOTICE OF APPEAL FROM DI$?RICT JU$?ICE JUDGMENT COMMON PLEAg No. 03 -- /~-~" Notice is given that the appellant date and in the case mentioned below. NOTICE OF APPEAL has filed in the above Court of Common Pleas an appeal ['rom the iud§ment rendered by the District Justice on the NAME OF APPELLANT ~on~l~'.._~ ~ H. Erwin / lnsite ADDRESS OF APPELLANT 4216 Little Development Ltd DATE OF JUDGMENT 03/!~/ ~.~ CV 20 LT 20 Run Road IN THE CASE OF ~inti~ ICivil & Environmental CLAIM NO, 03-0000016 109-1-01 (Charles A.Cleme~t CI'I'Y STATE ZIP CODE Harrisburg PA 17110-~105 (De[endant) Des~n~n~r~.up vs Dj~a¢ H. Erwin~-]S~st~t~e .... Box 825 Harrisburg, PA 1710~-0325 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If-appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT ~ ~ within twentY (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotap/ Enter rule upon Civil & Environmental Design Group , appellee{s), to file a complaint in this appeal (Common Pleas No. l~)_~ -- Z~'~,,~(~ {~;t,I]L )within twenly (20)days afl~ service or suffer try g non pros. /~ . / ~'.~ ;~g~tu~ of.appel~t of his attorney or agent /dona~Alan 1~1.~ urlsn RULE: To Civil & Environmental Design Grg~gellee(s)' [..P.j~. Box 825 Nameo~ap~e#ee(s) '~Y~rrisburg, PA 17108-0825 (717) 761-1880 (1} You are notified that a rule is hereby entered ul::x:)n you to file a complaint in this appeal within twenty {20} days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint wilhin this time, a JUDC, W~NT OF NON PROS V~II BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail isthe date of mailing. Date: ~1 ~t.L q ,20 03 ~ AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF ,APPEAE AND RU ~/~ TO-FILE'COMPLAINT (This proof of service MUS, T BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF. ; ss AFFIDAVIT: I hereby swear or affirm that I sewed a copy of the Notice of Appeal, Common Pleas No. , upon the Distdct Justice designated therein on (date of service) , [] by personal service [] by (certified) (registered) mail, sender's reCeipt attached hereto, and upon the appellee, (name) , on ,20 , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ,20 , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS .DAY OF , 20 Signature of affiant C~)MMONWEALTH OF PENNSYLVANIA U-~UNTY OF: COM~E~ Mag. Dist. No.: 09-1-01 DJ Name: Hon. C~S A. CLE~m~T, Ad~??~.400 BRIDGE STREET OLDE TOWNE COMMONS NEW CUMBERLAND, PA Telephone: (717) 774-5989 - SUITE 17070 DONALD H. ERWIN 4216 LITTLE RUN ROAD INSITE DEVELOPMENT LTD HARRISBURG, PA 17110-3105 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) 3 NOTICE OF JUDGMENT/TRANSCRIPT p,^,NT,FF,J UDGME El ro .ASE NAME and ADDRESS UCIVIL & ENVIRONMENTAL DESIGN 5010 RITTER ROAD SUITE 111 ~ECHANICSBURG, PA 17055 / VS. DEFENDANT/JUDGMENT C~C~ laTn(~),[:~ o R E SS FERWIN, DONALD H -~ 4216 LITTLE RUN ROAD INSITE DEVELOPMENT LTD ~RRISBURG, PA 17110-3105 d Docket No.: CV- 0000016-03 ] ~ Date Filed: 1/16/03 GROU -'DEFAULT GUD~MRNT PLTF ~TVTT, ~ ~TRO~~: T. ~T~ in the amount of $ on: (Date of Judgment) r--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs 7,000.00 115.00 .oo .00 7,115.00 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MU~T.QOME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE SSUED BY THE D STR CT JUSTICE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTE~:~ED JN TH~i~JU~MENT~-%--..' ~ ; -~ MAY FILE 'SE~LES, OR OTHERW SE COMPL ES WITH THE JUDGMENT. : ' -; ~AE 1 2 003Date . · ?' ',:. ~- ;~trictJum[ce I Codify that this is a true and correct copy'of the record of the proceedings cont;¢~Bg¢[~e judgment.' Date , District Justice My commission expires first Monday of January, 2008 . AOPC 315-03 SEAL PROOF ~='e=~"'~ .............. .~F~gYO/7~qiA ~,s p~f of ~w, ce MUST BE FILED WlmlN ~N (10) DAYS A~R filing the noti~ of ap~l. ~:appl~ble COMMONWEAL~ OF PENNSYLVANIA ~ !5' COUN~ OF C' ~ '- ! e d t n :-D lPR~IVIT: I hereby swear or a~ ~t I se~ed a copy of the Notice of Appeal, Common Pleas No. u o 1 ~ - "~ ~' - _, 0 5 upon the District Justice designated therein on (date of service) April ~, 2003 " , [] by personal.~ervic~t E'I ,~by ~(certi~le~l~)~ (registered~ mail, sender's receipt attached hereto, and upon the appellee, (name). A..-,riZ ~. 200~n ., on ' , ..... E~ by personal service.iii, by (certirmd) (registered) mail, sender's.receipt attached hereto. and further that ' · : · . . I served, the Rule to File a Complaint. aecompanymg, th~above Noticeof~ ~jpea abe.appeltee(~Lto,whom ~, thb Rule was addressed on ~-~ ~ ~ ! c~, ~ 0 0.3 ,20 , [] by personal service mail, sender's receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS (~-~-/~' 'DAY , Ce.-, / " -'Signature of affiant Army ~'ier Secretary /Jonathan Crist matsha ~a s & I '- Notarial Seal J . Helen D, ,,~ummls, Notary Public I "'x ~..,.ma~on =xptres May 28, 2006 Postage Certified Return Recei (Endows-- , ~ pt Fee Total Postage & t Postmark /-/em Postmark Hare n Postage Certified Fee Return Receipt Fee (Endorsement Requirsd) Restricted Deli,/e~/Fee (Endorsement Required) r'l Total Postage & Fees FU ~Name (Please Print Clearly) (To b~ompleted by mailer) .......................................... rrl ~St~tT~t' ~'~';-~r ~5~ Bo~ NO. ~J ~ ~ o r ............................. "'t COMMONWEALTH OF ~ENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT A.'" Clem~ o, at,, NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT co,.o. NOTICE OF APPEAL Not ce is g ven that the appellant has filed in the above Court of Common Pleas an appeal from the udgmenl rendered by the District Justice on the r, onald H. 'g ' ]-.ns~.~ .geveSopment I, td I .... ' ',,r. ~ '.?:.~' z- '' ' ..... CIIY STATE ADDRESS OF APPELLANT [~ ~t I- 1e ~ 8 b li I7 S' i~? z'~ L ~{ ~.0~"'~ ~'{~5,,':~ '] 421~ Little Run Root1 ironmenV:~ , · o~/~/o~ CLAIM NO. T', ~ ..... - _ CV2Os0?O'0'gggt'~q":""-' ': " . Bo× $25 Harris -.'. ....... . ,.LI:-,2P,, _ . ' · --'- This block will be signed ONLY when ~~L:under PO-'.~¢'PIP' ::t9~. , . if a~dant:w~ CLAIAS~ (see F~. R.G. Rd.P. No. 1001 (6) in action-berate Disti,ict justice; he MUST ~-ILE A ~0~~ ~6f ~::(20j days after filing his NOTtGE.of,~I?P. EAL. ~ ,,PRAECIPE TO EHTER RULE-TO FILE ¢OM~T ~AND, K :U~, TO FILE be used ONLY when appellant was DEFENDANT (see Pa.~FLC~ ..p.J,P,~No. ~C)1~1 (7) in action ~bRfore'~Jt~c..t Justice. IF NOT USED, detach from copy of notic~ of appeal-to be serve~l upon appe,eei~ PRAEClPE: To Prothonotary '-'' -~ ~ ' , appellee(s), to file a complaint in this appel_ ,~zv.~. & Environmental Pes±g-n (;roup / /Jona~iin .~ -urzsc' RULE.' To Civil & Environmental Design gr°,~e{~. (717) 7~1-1880 (1) You ore notified that a rule is hereby e~ upon ~ to file o complaint in this appeal wi~in lwenty J20) days aJte~ the date of sewice of th s ruJe upon you J:~/personal service or by c~ified or refliste~ed moil. (2) If_Y°~d~ nc~ fib a compJaint~in, this time, a JU~NT OF NON PROS WILL BE ENTERED AGAINST..YGU; AOPC 312-84 (X~JFrr FIIl= . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONALD H. ERWIN d/b/a INSITE DEVELOPMENT LTD. Appellant V. CIVIL & ENVIRONMENTAL DESIGN GROUP Defendant. NO. DJ 03-1565 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE I, Anny Pier, being duly sworn according to law, swear or affirm that I re-served Anthony J Nestico, Esquire, Appellee, with a copy of the Notice of Appeal, Common Pleas No. 03-1565 and the Rule to File a Complaint accompanying the above Notice of Appeal on the 10th day of April, 2003 by certified, registered mail, receipt attached Hereto, as the first Notice was returned due to address being incorrect. Dated: ,/0~(, I '(~O"Z7 By Sworn to and Subscribed before me this { } 't~ day of April 2003. ~e~.etary/Jonathan M. Crist L~tsha Davis & Yohe Notary (SEAL) I ~~ ,My ,Co~lleslon ~ ~,l~. 24, lt~0a Member, Pennsylvania Association of Not~rles 79530 Postage Certified Fee Return Receipt Fee (Endomement Required) (Endorsement n~ -, Totat postage & Fees post*~m~, Here Civil & Environmental Design Group Plaintiff Donald H. Erwin and Insite Development Ltd. De~ndant TO: Donald H. Erwin and Insite Development, LLC c/o Jonathan Crist, Esquire Latsha Davis & Yohe, P.C. Post Office Box 825 Harrisburg, PA 17108 · COMMONWEALTH OF PENNSYLVANIA · COUNTY OF CUMBERLAND 03-1565 Jury Trial Demanded 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 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. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 NOTICA LE HAN DEMANDADO A USTED EN LA COURTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de lan fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archival en la cone en forma escrita sus defensas o sus objeciones a law demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacaion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE AGOGADO O SI NO TIENCE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 Civil & Environmental Design Group Plaintiff Vo Donald H. Erwin and Insite Development Ltd. Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 03-1565 Jury Trial Demanded COMPLAINT AND NOW, the Plaintiff, by and through its undersigned counsel, hereby files this complaint and avers in support thereof the following: 1. Plaintiff is Civil and Environmental Design Group, Inc., a Pennsylvania corporation with a business address of 5010 Ritter Road, Suite 1 ! 1, Mechanicsburg, Pennsylvania, 17055 (hereinafter "CEDG'). 2. Defendant Donald H. Erwin is an adult individual with a business address of 4216 Little Run Road, Harrisburg, Pennsylvania (hereinafter "Erwin'). 3. Defendant Insite Development, L.L.C. is believed to be a Pennsylvania limited liability company with a business address of 4216 Little Run Road, Harrisburg, Pennsylvania (hereinafter "Insite'). 4. Insite and Erwin are the developers of a mobile home park know as Eagle View Mobile Home Park (hereinafter "Eagle View'). 5. CEDG is in the business of providing engineering services, including but not limited to the design and operation of sewer facilities and water treatment facilities. 6. Erwin and Insite requested that CEDG perform design and operation services related to Eagle View's water and sewer facilities. 7. On or about November 1, 2000, Erwin and Insite entered into a Professional Services Agreement engaging CEDG for the aforesaid purposes. A copy of this agreement is attached hereto as Exhibit ~A." 8. On or about November 9, 2000, Erwin and Insite entered into an Addendum to the Professional Services Agreement attached hereto as Exhibit A. A copy of the Addendum is attached hereto as Exhibit ~EI." 9. The Addendum provided that CEDG would provide basic services to Erwin and Insite for a lump sum fee of Two Thousand ($2,000.00) Dollars per month. 10. In addition, Erwin and Insite agreed by way of the addendum to compensate CEDG for "plant start-up services" at the rate of $28.00 per hour and $0.35 per mile for each mile traveled. 11. CEDG fully performed pursuant to its responsibilities as set forth in the attached contract documents. 12. The value of the services provided pursuant to the contract documents totals $6,320.99. A detailed account statement depicting each invoice provided to Erwin and Insite from December, 2000, through September, 2001, is attached hereto as Exhibit ~C.' 13. CEDG has invoiced Erwin and Insite for the professional services so provided, but Erwin and Insite has failed to make any payment to CEDG for the services rendered. WHEREFORE, CEDG demands judgment in its favor and against the Defendants in the amount of $6,320.99, together with costs, attorneys' fees, and interest, said demand being within the limits of compulsory arbitration in Cumberland County. AJN/ms Respectfully submitted NESTICO, DRUBY, & HILDABRAND, L.L.P. Anthony J. Supreme C~ rtic~ I.D. NO. 58868 840 East Chocolate Avenue Hershey, PA 17033 717 533 5406 717 533 5717 fax Exhibit A dean group PROFESSIONAL SERVICES AGREEMENT Mr. Donald H. Erwin Insite Development, LLC 4216 Little Run Road ]]arrisburg, PA 17110-3105 717-236-1877 Eagle View MHP and Civil & Environmental Design Group, Inc. 5010 Ritter Road, Suite 111 Mechanicsburg, PA 17055-4828 717-691-8050 The purpose of this Agreement is to form the basis for Civil & · Inc. (CEDG) to provide contract ,,,~,~,; ....... · Environmental Design Grou . LLC (Eagle View NIItP) for th;v'~'"''uu~ aha maintenance services to Insite DevelopmenPt' 0 ~ operation and maintenance of the Eagle View MHP'~ .020 MGD Sewer and 0.030 MGD Water Facility (Facilities) described herein, including staffing, equipment maintenance, general housekeeping, and miscellaneous supplies requisite to maintain the Facilities' operation within the applicable rule Department of Environmental Protection rv~r~r:,~ s arf. d regulations of the Pennsylvania ~-~-~,,~-r) governing said Facilities. CEDG will provide the services identified in the Scope of Services below. SCOPE OF SERVICES A. Basic Services Provide one licensed operator with a backup to provide two (2) hours per day, seven (7) days per week operation and maintenance coverage of the Facilities under normal operating conditions. Time includes travel, plant operation, sample delivery, and report preparation. Assist the Eagle View MI-[P in ordering chemicals and supplies :re~tuired for normal operation, and maintairl an inventory of same. , ; Assist the Eagle View MI-tP in ordering and maintainina maintenance supply and general supply inventory (such as reaaents required for testing, drive belts, air intake filters, oil, and grease). Perform required routine maintenance including inspection l of equipment, adjustment of packing glands, belt tension and alignment, oil chanaes, equipment lubrication, and plant housekeeping exclusive of snow removal and ~ass cutting. Civil &- - ~O'.,(: F.-i~er 20 .....~.t;~-e :~! . ?;iecn,'-zr::cz.,.:u::L y.,~ i 70Y.,5 . -~ -'7 :c' .-:0~0 · ?,7, x T:7.09't.B055 Assist the Eagle View MI--IP in obtaining or providing maintenance of, replacement of, or repairs to the Facilities resulting from a strike, work stoppage, or slowdown on the part of the Eagle View MHP's employees and from any cause beyond the reasonable control of the Eagle View MIffP's or CEDG including, but not limited to acts of God; acts or omissions of civil or military authority; acts or omissions of contractors or suppliers; fires, floods; epidemics; quarantine restrictions; severe weather; other strikes; embargoes; wars; political strife; riots; delays in transportation; or fuel, power, materials, or labor shortages. 6. Advise the Eagle View M/q2P of abnormal situation(s) observed at the Facilities, and recommend an action plan. Use a preventive maintenance system for the Facilities' equipment. Document maintenance performed. Make maintenance records available for inspection by the Eagle View 1VffffP at all reasonable times during normal daylight office hours and upon 24 hours advance notice to CEDG. Assist the EaSe View MlffP in arranging appropriate transportation and disposal of wasted sludge and other debris using a permitted slud~ze and solid waste hauling contractor. ~ 9. Develop and post standard operating procedures as needed. 10. Perform on-site testing at the water and wastewater plant, limited to pH, 30-minute settling dissolved oxygen, and chlorine residual, during each visit as necessary to maintain operation of the Facilities. 11. Collect wastewater and water samples for testing by an independent laboratory in accordance with the Eagle View MlffP's NPDES permit. Tests and frequency of sampling are as follows:. Wastewater: In.fluent BOD Grab Influent TSS Grab Effluent CBOD 8 HC Effluent TSS 8 HC 1 x month 1 x month 2 x month 2 x month Effluent NH3N 8 HC 2 x month. Effluent Fecal Coliform (grab) 2 x month Water: ~ Total Coliform 1 xmonth 12. Prepare and submit to the Eagle View MHP, on a monthly basis, an operations status report summarizing activities and providing recommendations. Prepare, sign, and submit the monthly Discharge Monitoring Report (DMR) to PADEP and the Eagle View MI-12P. B. Miscellaneous On-Call Services Miscellaneous On-Call Services, in excess of 2 hours per day to be furnished as Basic Services, will be billed on a time and expenses basis at the rate of $35.00 per hour for labor. Provide 24-hour emergency service. provide continual and uninterrupted operators. Implement a back-up schedule as needed to coverage of the Facilities using certified 3. Provide operator interface with regulatory agencies as required on an hourly basis for those hours that exceed one hour per visit. 4. Attend meetings if requested. Remain on-call to render assistance when plant is not operational. In the event of equipment malfunction or failure during regular working hours, take necessary action(s) to restore the Facilities to normal operation in a minimum mount of time. Send removed equipment to a factory-authorized repair location or reputable local repair shop as required to determine the cause of failure. Reinstall units upon repair. Specific Services Excluded Services not set forth within the Scope. of Services are specifically excluded, including: 1. Laboratory testing beyond that specified in Scope of Services. 2. Purchase or repair of laboratory testing equipment or flow meters. 3. Utility, service relative to normal operating conditions. 4. Emergency generator units repair, if applicable. 5. Service and/or expenses incurred due to problems associated with or resulting from construction. 6. Maintenance of and snow removal from access roads, and grass cutting in and around Facilities. 7. Ownership of sludge or solid waste generated at the Facilities. 8. Maintenance of, replacement of, and/or repairs to the Facilities resulting from a strike, work stoppage, or slowdown on the part of the Eagle View MI-IP's employees and from any cause beyond the reasonable control of the Eagle View MZIP or CEDG including, but not limited to acts of God; acts or omissions of civil or military authority; acts or omissions of contractors or suppliers; fires, floods; epidemics; quarantine restrictions; severe weather; other strikes; embargoes; wars; political strife; riots; delays in transportation; or fuel, power, materials, or labor shortages. 9.-Responsibility associated with ~ffi.,u..e.nt ,c. ha.racteristics, damages, or fines/ enaltie associated therewith should the raclarles hydraulic or,a,,;,~ ~_.~,_ · . P. s exceed the Facilities' design parameters and treatment capabilities, or should irffluents , ~ -,,-, ~u~or morgamc loading to the Facilities contain abnormal, toxic, or other substances that cannot be removed or treated by the existing Facilities as provided to CEDG by the Eagle View MI-IP, or should the influent to the Facilities contain discharges that violate applicable laws, ordinances, and permits. TEI~I OF AGREEM~E~T Services under this Agreement shall commence on .~ /'"- ?~'~'~' ~ 2000, and continue on for 24 month un/ess one o£ the parties gives written notice to the other at least (60) days prior to the termination date. This agreement for CEDG services may be terminated by notice to the other party prior to the termination date. /~ either party upon sixty (50) days written the event of termination, CEDG shall be compensated for services performed and expenses incurred up to the date of termination, plus reasonable actual costs incurred by CEDG as a result of termination by Eagle View MHP. EAGLE VIEW MHP'S RESPONSIBIZITIES 1. Designate a person to act as its representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, and interpret and define the Eagle View MZIP's policies and decisions pertaining thereto within a reasonable time so as not to delay the services of CEDG. Arrange for access to and make all provisions for CEDG to enter upon public and private property as required for CEDG to perform its services. Perform services relative to snow removal, grass cutting, weed control, and general building and grounds maintenance. Obtain approvals and permits from and pay fees of all governmental authorities having jurisdiction over the Facilities, and such approvals and consents from others as may be necessary for completion of the services described in this Agreement. Assist CEDG by placing at' its disposal all available information pertinent to the Facilities including previous reports and any other data relative to the work covered herein. Examine alt studies, reports, sketches, drawings, specifications, proposals, and other documents presented bv CEDG, obtain advice of an attorney, insurance counselor, and other consultants as th~ Eagle View MHP deems appropriate for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of CEDG. Provide such accounting, legal, and insurance counseling services as may be required by the Eagle View MHP for the Facilities or as CEDG may reasonably request with regard to legal, accounting, and insurance issues pertaining to the Facilities. Give prompt written notice to CEDG whenever the EaSe View MI--IP observes or otherwise becomes aware of any development that affects the scope or tim/rig of CEDG's services or becomes aware of any unsatisfactory Performance by CEDG. Agr~ ee not to offer employment to or to hire any and all CEDG staff assigned to perform services described in this Agreement during th~ term of the Agreemeht and for one (1) year thereafter. p ay the cost of electric power, chemicals and supplies (includin testi: belts, mr intake filters, oil, and m-ease~, th ...... g ng reagents, drive · ~- ~,, ~ cost mr transportation and disposal of wasted slud~,e and other debris; and the cost of equipment maintenance, repair, or replacement required for normal operation of the Facilities, including all. applicable state and local taxes. ~SURANCE REQ~MENTS CEDG shall maintain the £ollowing types and amounts o£ insurance during the term o£ this Agreement: Worker's Compensation Employer's Liability Comprehensive General Liability Automobile Liability, Bodily Injury, and Property Damage Minimum Limits Statutory in all states where services are rendered $100,000 $1,000,000 each occurrence and annual aggregate, combined single limit $1,000,000 any one accident or loss CEDG Will provide the Eagle View N[HP with a certificate evidencing the required coverage. Eagle View MI-tP will obtain and maintain adequate property and liability insurance on the Facilities and any other insurance coverage required under any financing agreement or regulatory requirements with respect to the Facilities and their operation. Eagle View NfH~P will provide CEDG with a certificate of insurance evidencing such coverage. COMPENSATION A. Basic Services In consideration of the Basic Services Performed by CEDG in accordance with this Agreement, the Eagle View MHP shall pay to CEDG a lump sum fee of Two Thousand Dollars ($2000.00) per month for labor and expenses. In the event that such Basic Services are altered by a modification of this Agreement, the parties hereto, shall, at the time of such modification, also agree to an equitable adjustment in the lump sum stated above. In the event termination of the Agreement occurs durin , ~_,M~tP,sha!l pay a pro-rata amount of. the month,--, g the c_ourse of;a month, the Eae. le View ' ,,,y lump sum t~e based upon the perc~tage of cmenaar aays worked through the effective termination date. ~ B. Miscellaneous On-Call Services : In consideration of the Miscellaneous On-Call Services Performed by CEDG in accordance with t/tis Agreement, the Eagle View ~ shall pay CEDG on a time and expenses basis at the rate of $35.00 per hour for labor. ~ The Eagle View MHP will reimburse CEDG for all expenses incurred, including all applicable state and local taxes. Reimbursable expenses include, but are not limited to: travel, and living expenses of CEDG employees when engaged at the Facilities away from their home office, long distance telephone charges, telegraph and fax charges, postage, charges for the following: printing, reproduction, electronic data processing, and the use of CEDG and employees' automobiles, in accordance with CEDG standard rates, and the services of outside consultants or specialists, at cost plus fifteen percent (15%). C. Adjustments Subsequent yearly fees shall be increased or decreased according to the U.S. Department of Labor, Bureau of Labor Statistics,.' Consumer Price Index, CPI-U based on the previous June to June change (U.S. City Average June 1999 -- 166.2). Invoices shall be rendered monthly, and shall be paid within th/try (30) days of the date of the invoice. THE TERMS OF ~ AGREEMENT SHALL REMAIN OPEN FOR ACCEPTANCE FOR A PERIOD OF TfllllTY (30) DAYS FROM TIlE ABOVE DATE, AF'rER WltlC'ff T134~ CEDG RESERVES ~ RIGHT TO REVIEW, REVISE, OR WITHDRAW THIS AGREE3~ENT. TltE ATTAC/tE_,D STANDARD TERMs AND CONDITIONS ARE hNCORPORATED INTO .~4I) 1 '~ADE A PART OF TItlS AGREEMENT. Eagle View SIGNAIURE: ~ - Civil & Environmental Design Group, Inc. BY: James S. B~dges s DA~: ~O~r 1, 2000 ~ - Eagle View MH'P's Designated Represe~ Exhibit B des/gn c,g,r p November 8, 2000 Mr. Donald H. Erwin Insite Development, LLC 4216 Little Run Road Harrisburg, PA 17110-3105 Re: Addendum to Professional Services Agreement Contract Operations and Maintenance Services Dear Mr. Erwin: C/vi/ & Environmental Design Group, /nc. (CEDG) is proposing to mod/fy the Professional Services Agreement that we provided to you on November 7 by mak/ng the £ollowing changes: · Compensation--Basic Services: In considerat CEDG in accordance w/th ,~,;o ^_ ion of the Basic Services performed by lump sum fee of Two Thousand Dofflars ('$2000. 00) per month for labor and expenses. In the .event that such Basic Services are altered by a modification of th/s Agreement, the at the time of such m~dific-,:-- upon initial fUnct/~,~, -P sus.sta.ted above. Pavmen, ~,,~,o,n., also agree to an · ...... ,~,~ u ' otb syste---~ · .... u~ u-lis monthh, ¢-^_ .,, eqmtabl, enc ' Plant Start. up Services: mi/eage ofSO. 35per mileEagld View MHP shall pay to CEDG a fee of S28per hour and for our services related to plant start-up. We want to Work with Insite Development, LLC to provide the contract operations and maintenance services needed at your treat Professional q · ment facilities. We hope these changes to the · ,erv~ces Agreement are acceptable to you. If you are in agreement with these terms please sign and return one copy of this Addendum. We are prepared to begin work Upon receipt of the signed Professional Service Agreement and Addendum. If you have any questions please feel free to contact me at 691-8050. Very truly yours, CIVIL & ENVIRONMENTAL DESIGN GROUP, INC. Vice President Eagle View MJ-IP ATE: _ Civil & Environmental Design Group, Inc. BY: James S. Brid~es SIGNATURE: .... ~, c . ._ TITLE: Vic~re ide~77~, ~ ~" Exhibit C ~ ~- ~ ~,*u~ree ~onroaugn 7174580046 P.02 De'tail Aged Accounts Receivable Report Order By: Client (Open Items Only) Project Sort By: Project ID As of: 08115/2002 Aged By: Invoice Dale PrOject Invoice # Post Dele Inv Dale Journal Re!# · Civil Environmental Design Group Principal: m ZZZZZZZZ Project Manager: -- ZZ277772 Client: -- ZZZZZZ Project: 00085 -- 00086 AR Account~: 13000 -- 13000 Telephone # Contacl{s) InvAmount 0- 30 31 - 60 61 - 90 91 -120 ' P~"ge 1 121 ~, 20123 20153 20175 2O278 20391 203516 203549 00086 Ineite Water 12/3112000 12/3~/2000 SJ 251 1.877.90 01131/2001 01131/200~ SJ 28? 1,276 13 02~28/2001 0212812001 SJ 302 528.92 0313012001 03/30/Z001 SJ 363 23688 0513112001 0513112001 SJ 503 268 10 08131t2001 08/31/200t SJ 664 22 50 09128/2001 0912012001 SJ 710 1400 Balance Due 4.22443 (717) 236-1877 Mr Donald H Erwin ODD 0.00 0 O0 0 O0 Incite Weeteweter (717)236-1877 Mr Donald H Frwin 1,877.90 1,27613 528,92 236 88 265.10 22.50 1400 4.2244~ 20124 20154 20176 12/3112000 12/3112000 SJ 252 01131/2001 01/31/2001 SJ 288 02/2B/~001 02t28/2001 SJ 303 Balance Due Client INSIGHT Insole Development 1.320 56 636.00 140 O0 2.096.56 6.320 99 0 OD 0 O0 000 0 O0 0 O0 0 O0 0 O0 0 O0 1,320.58 636 O0 140 00 2.096 56 6.320 9,9 Gr~nd Total 8,320.99 0-00 0.00 0.00 0.00 6,320.99 Run Date: Aug 15, 2002 @ 07 5657 ARRPTA FR.X ~PR-16-03 04:00 PM OF. DO NO, 7176918055 0~: OOa P, 02 po5 VERIFI(~ATI.O,N I, James Brid§es, verify that the statements made in tl~e foregoing ~]oclirrl¢:nt arc talc and col'r¢ct to t}ze l~est of my kl~ow]ed§e, i~lfon~ation ,~l~d belief. [ understnnd that false statements }~erein are made subject to the penaltic,~ o[ 18 Pa. C.S. §4904 relatin§ to t~nsworn [alsJfica$ion to autho~'it~es. es Bald§es ~ Civil & Environmental Design Group Plaintiff Mo Donald H. Erwin and Insite Development Ltd. Defendants · COMMONWEALTH OF PENNSYLVANIA :. COUNTY OF CUMBERLAND · 03-1565 · JURY TRIAL DEMANDED ANSWER TO COMPLAINT AND NOW, COME, the Defendants, Donald H. Erwin and Insite Development Ltd., who file the following Answer to the Complaint of the Plaintiff, of which the following is a statement: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. Insite is the owner and developer of the Mobile Home Park known as Eagle View Mobil Home Park. Erwin is the sole shareholder-member of Insite Development, LLC. 5. Admitted. 6. Denied as stated. Insite requested CEDG to perform services related to the operation of Eagle View's Sewer facilities which services were to commence upon the functional use of said system. 7. Admitted. 8~83.1 o 11. 12. 13. Admitted. Admitted. Admitted. Denied. To the contrary Eagle View's sewer facility was not placed into service with functional use until the end of August 2002. Plaintiff performed no services for the Defendant in 2000 or 2001. By way of further denial, Insite elected to have an entity other than the Plaintiff perform those services contemplated by the professional services agreement with regards to its sewer facilities when the plant became operational in August of 2002. Denied. Paragraph 12 is denied for the reasons set forth in Insite's answer to paragraph 11 above which is incorporated herein by reference. Denied. Defendant Insite is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 13 in as such as they are deemed denied. Strict proof thereof, if the same be relevant and material, is demanded at trial of the issue. By way of further denial, Insite has not received any invoices for any services rendered in December 2000 and in calendar year 2001 for the reasons that no such services were performed. WHEREFORE, Defendants, Donald H. Erwin and Insite Development requested the complaint of the Plaintiff be dismissed. Dated: Respectfully submitted, LATS~VIS & YOHE, P.C. By ~onat)gan M. Crist, Esq. jczi6~ldylaw.com Pa. Attorney I. D. No.29936 P. O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Defendants, Donald H. Erwin Insite Development LLC Civil & Environmental Design Group Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND v. · 03-1565 Donald H. Erwin and Insite ' Development Ltd. · Defendants · Jury Trial Demanded VERIFICATION I, DONALD H. ERWIN, am the President of Insite Development LLC, a Pennsylvania limited liability company and authorized to take this verification on its behalf. The above ANSWER TO COMPLAINT is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the ANSWER TO COMPLAINT is that of counsel and not of me. I have read the ANSWER TO COMPLAINT and to the extent that the ANSWER TO COMPLAINT is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, informatiOn, and belief. To the extent that the content of the ANSWER TO COMPLAINT is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid ANSWER TO COMPLAINT are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~~ I~)z~wJ~d'iC'E~rw~, President Insite Development, LLC 8~83.1 Civil & Environmental Design Group Plaintiff Mo Donald H. Erwin and Insite Development Ltd. · 03-1565 Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jury Trial Demanded CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Answer to Complaint was served by United States first-class mail, postage prepaid upon the following: Dated: Anthony J. Nestico, Esq. Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Leg~ecretary 82883.1