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HomeMy WebLinkAbout01-04229 HARTMAN & ASSOCIATES, INC., ) Plaintiff ) vs. ) RICHARD ROBERTS, ) Defendant ) NOTICE TO DEFENDANT NAMED HEREIN: , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Dl- ~/aoZ9 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-31 bb HARTMAN & ASSOCIATES, INC., Plaintiff vs. RICHARD ROBERTS, Defendant COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ~ ~. y ,2 a. g L~.v~-~ J~ AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Plaintiff is Hartman & Associates, Inc. a Pennsylvania business corporation with its principal offices at 2101 Orchard Road in Camp Hill, Pennsylvania. 2. The Defendant is Richard Roberts, an adult individual whose precise residence is not known to Plaintiff, but who can be served at his offices at 4400 Linglestown Road in Harrisburg, Dauphin County, Pennsylvania. 3. At all times material to this action, Plaintiff was engaged in the business of professional engineering and surveying. 4. In August of September of 1999, Plaintiff engaged Defendant to do a site examination and feasibility study for real estate which Plaintiff was then considering purchasing for purposes of development. As a term of the Defendant's engagement of Plaintiff, Defendant agreed to pay Plaintiff its normal charges for such work. 5. Parties' discussions which led to Defendant's engagement of Plaintiff to do the work for Defendant took place at Plaintiff's place of business in Cumberland County, Pennsylvania, and the engagement between the parties was formed at that location. b. Plaintiff well and truly performed its obligations under its engagement by Defendant. 7. In performing its obligations under its engagement by Defendant, Plaintiff did the work set out on Plaintiff's invoice dated 8 October 1999 and charged the fees and charges set out on that invoice for that work. A copy of the said invoice is attached hereto and marked as Exhibit A. 8. The charges listed on the invoice attached as Exhibit A are the normal charges Plaintiff makes for such work, are reasonable in the area and time in which those charges were made, and are the charges which Defendant agreed to pay for such work. 9. To date, despite repeated demands by Plaintiff, Defendant has failed and refused to pay Plaintiff the balance due as listed on the invoice, which is $1,278.12. COUNT I -CONTRACT 9. The averments set forth in paragraphs 1 through 9 are incorporated herein by reference. 10. Defendant has breached the contract he had with Plaintiff whereby he engaged Plaintiff and, by doing so, has injured Plaintiff in the amount of $1,278.12, plus interest after 7 November 1999, plus costs of suit. WHEREFORE, Plaintiff prays this court to enterjudgment against Defendant in the amount of $1,278.12, plus interest, after 7 November 1999, plus costs of suit. COUNT ll -UNJUST ENRICHMENT 11. The averments set forth in Paragraphs 1 through 9 are incorporated herein by reference. 12. All of the work done by Plaintiff which is listed on the invoice attached hereto and marked as Exhibit A was done at the direction and request of Defendant and benefitted Defendant. 13. As a result of the work done by Plaintiff, Defendant has been unjustly enriched by the benefit he received for which he has not yet paid. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,278.12, plus interest after 7 November 1999, plus costs of suit. _.~ Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street Lemoyne, PA 17043 (717)761-5361 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~ - Z 5 -~1 ~ ~, . ~ `.~ ~.~. Exhibit A Hartman & Associates, Inc. • ' 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE MR. RICHARD ROBERTS Invoice#: 9947638 October 08,1999 ROBERTS HOMES, INC. Job#: 99476. P.O. BOX 12647 SITE INSPECTION-FEASIBII.TTY HARRISBURG, PA 17112 , Date Department Description of Labor Employee Hours/Units Fee 09/08/99 ENGINEERING ON SITE FIELD VISIT ROBERTS, JOHN CLARK 4.00 190.00 DICK-SITE INSPECT/CONSULT W/D. ROBERTSlPREP. 09!09/99 ENGINEERING GENERAL PROJECT SERVICES JOHN CLARK 3.50 166.25 ROBERTS HOMES-CONSULT W/DICK ROBERTS; SET UP JOS 09/09/99 ENGINEERING GENERAI, PROJECT SERVICES EDWARD J. 4.00 200.00 RESEARCH BACKGROUND DATA FOR SEMEORSKI FEASIBII,ITY STUDY 04/09!99 ENGINEERING DEID RESEARCH /DEED PLOTTING JOHN CLARK 1.25 59.38 ROBERTS HOMES-COURT HOUSE RESEARCH 09/10/99 DRAFTING CADD -PRODUCE RED LINE LORI MOYER 8.00 320.00 DRAWINGS -1NPI.1'1' PRELJMINARY DESIGN INFO. PRODUCE SKETCH PLAN-SCAN QUAD SHEET SOII,S MAP & SEWER MAPS, DIGITIZE QUAD SHEET, SOILS MAP 8c SEWER MAPS. 09/10/99 ENGINEERING MEETINGS AND CONSULTATIONS EDWARD J. 1.50 73.00 MEETING WITH TWP FOR FEASIBILITY SEMBORSKI STUDY 09/10/99 ENGINEERING ATTENDINGMUNICIPAL MEETINGS JOHN CLARK L00 47.50 ROBERTS HOMES MEET W/JANET HARDMAN @ W.HANOVER 09/10/99 ENGINEERING GENERAI, PROJECT SERVICES EDWARD J. 2.00 100.00 ROBERTS HOMES - RESEARCH TWP SEMBORSKI ORDINANCES FOR FEASIBILITY STUDY 09/10/99 ENGINEERING PROJECT MANAGEMENT ROBERTS JOHN CLARK 1.75 83.12 HOMES-000R PROJECT REVIEW/ASSIST 09/10/99 ENGINEERING ON SITE FIELD VISIT ROBERTS JOHN CLARK 2.00 95.00 HOMES-TO SITE INSPECTION l ~' _~ Date Department Description of Labor Employee Hotus/tJnits Fee 09/10/99 'ENGINEERING ON SITE FIELD VISIT'SITE VIST FOR EDWARD 3. 1.50 75.00 FEASIBII,ITY STUDY SEMBORSKI 09/11/99 DRAFTING CARD -PRODUCE SKETCH PLAN LORI MOYER 2.00 80.00 PRODUCE SKETCH PLAN-ADD ROAD NAMES, MH #S, ADD ADJOINING LAWRENCE VII,L?.GE, DIGITIZE CLOVER RD FROM SEWER DWGS. 09/13/99 ENGINEERING PROTECT MANAGEMENT JOHN CLARK 1.25 59.38 ROBERTS•FEASIBII,TTY ASSIST/REVIEW 09/13/99 ENGINEERING PREPARE SKETCH PLANS DEVELOP EDWARD I. 8.00 400.00 SKETCH PLAN FOR FEASIBII,ITY SEMBORSKI STUDY 09/13/99 ENGINEERING WETLANDS DELIEATION/STUDY EDWARD J. 1.50 75.00 FIELD INSPECTION FOR WETLANDS SEMBORSKI 09/14/99 DRAFTING CARD -PRODUCE SKETCH PLAN LORI MOYER 3.00 120.00 PRODUCE SKETCHFLAN-ADD CENTERLINE, LOTS, RIW .& PROPOSED BLDGS (SKETCH 1) 09/14/99 ENGINEERING PROJECT MANAGEMENT JOHN CLARK 2.00 95.00 ROBERTS-ASSIST/SUPPORT DEVELOP SKETCHES 09/14/99 ENGINEERING DESIGN SEWER SYSTEM SKETCH MICHAEL 1.00 45,00 PLAN DESIGN AND COST ANALYSIS POSTICK 09!14!99 ENGINEERING PROJECT DESIGN STREET AND BLDG EDWARD J. 4.00 200.00 LAYOUT/DESIGN SEMBORSKI 09/14/99 ENGINEERING COST ESTIMATES CONSTRUCTION EDWARD J. 4.00 200.00 ESTIMATE -OFF SITE SEMBORSKI 09/15/99 DRAFTING CARD -PRODUCE SKETCH PLAN LORI MOYER 6.00 140.00 PRODUCE SKETCH PLAN-SHIFT SOII.S 8c ROTATE ON STREAM, REV. RDWAY OF CLOVERRD.,ADD ADDL UNITS,ADD ADJOiNER INFO, REV. LAYOUT TO SHW OPEN SPACE 8c STREAM 04/15/99 ENGINEERING PROJECT MANAGEMENT ROBERTS IOHN CLARK 1.25 59.38 09/15/99 ENGINEERING DESIGN SEWER SYSTEM SKETCH MICHAEL 1.00 45.00 PLAN DESIGN AND COST ANALYSIS POSTICK 09/15/99 ENGINEEItIAiG PREPARE SKETCH PLANS ROBERTS - EDWARD J. 2.00 100.00 FEASIBII,ITY REPORT SKETCH PLAN SEMBORSKI 09!15199 ENGINEE1ING REPORT WRITING WRITE STUDY / EDWARD J. 4.00 200.00 REPORT SEMBORSKI 09/15!99 ENGINEERING REPORT WRITINGFEASIBII,ITY RONALD 1.50 82.50 STUDY FOR DICK ROBERTS SECARY 09/15/99 ENGINEERING COST ESTIMATES CONSTRUCTION EDWARD T. 2.00 100.00 ESTIMATES SEMBORSKI 09!16/99 ENGINEF,KING PROJECT MANAGEMENT DICK JOHN CLARK 0.50 23.75 ROBERTS-REVIEW FEASIBII,ITY STUDY/COMMENTS 09/16/99 ENGIlVEERING REPORT WRTTINGROBERTS HOMES - EDWARD J. 2.00 100.00 FEASIBII,ITY STORY SEMBORSKI 09/16/99 ENGINEERING REPORT WRITINGFEASIBII.ITY RONALD 1.50 82.50 STUDY-D.ROBERTS SECARY Date Department Description of Labor Employee Hours/Units Fee 09/16F99 `ENGINEERING COST ESTIMATES ROBERTS • EDWARD J. 2.00 - 100.00 CONSTRUCTION COST ESTIlvIATES SEMBORSKI ~ ' 09/16/99 ENGINEERING UTII.ITY LAY-OUT/DESIGN ROBERTS - EDWARD J. 4.00 200.00 SANITARY SEWER FACILITIES SEMBOR5KI 09/17/99 ENGINEERING OFFICE MEETINGS WITH CLIENTS EDWARD J. 1.00 50.00 ROBERT5 - FEASIBII.ITY STUDY SEMBORSKI 09/17/99 ENGINEERING PROJECT MANAGEMENT DICK JOHN CLARK 1.25 59.38 ROBERTS 09/17/99 ENGINEERING CHECKING OF PLAN ROBERTS -EDIT EDWARD J. 3.00 150.00 SKETCH PLAN AND FEASII,BILITY SEMBORSKI REPORT Sub-Totat: 4,278.12 Credit for Retainer: $3,000.00 0.00 Amount Due: $1,278.12 PLEASE INCLUDE OUR INVOICE# AND JOB# ON YOUR CHECK STUB A service charge wffi be applied to all bills 30 days past due. ,..~ SHERIFF'S RETURN - OUT OF COUNTY 'ASE NO: 2001-04229 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARTMAN & ASSOCIATES INC VS ROBERTS RICHARD R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ROBERTS RICHARD but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 26th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 30.50 .00 67.50 07/26/2001 SAMUEL ANDES So answe ~- ~~ --"`2~-'~~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~~ day of e2bo / A . D . ~. ~_ ~-" ~ Prothonot' ry 1 4 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth. of Pennsylvania County of Dauphin Sheriff's Return vs No. 1971-T - -2001 OTHER COUNTY N0. 01-4229 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ROBERTS RICHARD the PLAINTIFF named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 23, 2001 NEED A BETTER ADDRESS FOR DEFENDANT. HE DOES NOT LIVE AT 4400 LINGLESTOWN RD., HBG. R'HICH IS A BUSIIQESS, 847 DRYRUN RD., GRANTVILLE NOR ALTHEA DR., HBG. Sworn and subscribed to before me this 23RD day of JULY, 2001 PROTHONOTARY HARTMAN & ASSOCIATES INC So Answers, ~~~%{u L (Sheriff of Dauphin County, Pa. By Deputy Sheriff (~~fixQ ~f ~ ~1~Pxt f f Sheriff's Costs: $30.50 PD 07/20/2001 RCPT NO 152133 , n g In 'The Court of Common Pleas of Cumberland County, Pennsylvania Hartman & Associates, Inc. VS. Richard Roberts 'SERVE: Richard Roberts No. Ol 4229 civil Now, July 13, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ Sheriff of Cumberland County, PA - Affidavit of ~ea°vice Now, within upon at by handing to a 20 , at o'clock M. served the and made known to So answers, Sheriff of Sworn and subscribed before me this day of . 20 copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA ~ ~i HARTMAN & ASSOCIATES, INC., Plaintiff ) vs. ) RICHARD ROBERTS, ) Defendant ) NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. bl-Uaa9 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 TRUE COPY FROAA RECORD m Testimony whereat, I here uMo ~ my hand and the sral. pf said ~~ pe This_ ~l ian, ,vr. .. 1, . _ . ~~L,~ prothonotary ~ ` 5 'r HARTMAN & ASSOCIATES, INC., ) Plaintiff ) vs. ) RICHARD ROBERTS, ) Defendant ) COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Plaintiff is Hartman & Associates, Inc. a Pennsylvania business corporation with its principal offices at 2101 Orchard Road in Camp Hill, Pennsylvania. 2. The Defendant is Richard Roberts, an adult individual whose precise residence is not known to Plaintiff, but who can be served at his offices at 4400 Linglestown Road in Harrisburg, Dauphin County, Pennsylvania. 3. At all times material to this action, Plaintiff was engaged in the business of professional engineering and surveying. 4. In August of September of 1999, Plaintiff engaged Defendant to do a site examination and feasibility study for real estate which Plaintiff was then considering purchasing for purposes of development. As a term of the Defendant's engagement of Plaintiff, Defendant agreed to pay Plaintiff its normal charges for such work. 5. Parties' discussions which led to Defendant's engagement of Plaintiff to do the work for Defendant Lock place at Plaintiff's place of business in Cumberland County, Pennsylvania, and the engagement between the parties was formed at that location. b. Plaintiff well and truly performed its obligations under its engagement by Defendant. 7. In performing its obligations under its engagement by Defendant, Plaintiff did the work set out on Plaintiff's invoice dated 8 October 1999 and charged the fees and charges set out on that invoice for that work. A copy of the said invoice is attached hereto and marked as Exhibit A. B ~ I 8. The charges listed on the invoice attached as Exhibit A are the normal charges Plaintiff makes for such work, are reasonable in the area and time in which those charges were made, and are the charges which Defendant agreed to pay for such work. 9. To date, despite repeated demands by Plaintiff, Defendant has failed and refused to pay Plaintiff the balance due as listed on the invoice, which is $1,278.12. COUNT I -CONTRACT 9. The averments set forth in paragraphs 1 through 9 are incorporated herein by reference. 10. Defendant has breached the contract he had with Plaintiff whereby he engaged Plaintiff and, by doing so, has injured Plaintiff in the amount of $1,278.12, plus interest after 7 November 1999, plus costs of suit. WHEREFORE, Plaintiff prays this court to enter judgment against Defendant in the amount of $1,278.12, plus interest, after 7 November 1999, plus costs of suit. COUNT II -UNJUST ENRICHMENT 1 1. The averments set forth in Paragraphs 1 through 9 are incorporated herein by reference. 12. All of the work done by Plaintiff which is listed on the invoice attached hereto and marked as Exhibit A was done at the direction and request of Defendant and benefitted Defendant. 13. As a result of the work done by Plaintiff, Defendant has been unjustly enriched by the benefit he received for which he has not yet paid. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,278.12, plus interest after 7 November 1999, plus costs of suit. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street Lemoyne, PA 17043 (717)761-5361 x 'riles, VERIFICATION 1 verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). . , ~ Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE MR. RICHARD ROBERTS Invoice#: 9947638 October 08, 1999 ROBERTS HOMES, INC. Job#: 99476. P.O. BOX 12647 SITE INSPECTION-TFEASIBIIITY HARRISBURG, PA 17112 , Date Deparhnent Description of Labor Employee Hows/Units Fee 09!08/99 ENGINEERING ON SITEFIELD VISIT ROBERTS, 30HN CLARK 4.00 190.00 DICK-SITE INSPECT/CONSULT W/D. ROBERTS/PREP. 09/09/99 ENGINEERING GENERAL PROJECT SERVICES JOHN CLARK 3.50 166.25 ROBERTSHQMES-CONSULT W/DICK ROBERTS; SETUP JOB 09/09/99 ENGINEERING GENERAL PROJECT SERVICES EDWARD J. 4.00 200.00 RESEARCHBACKGROUNDDATAFOR SEMBORSKI FEASIBILITY STUDY 09/09/99 ENGINEERING DEED RESEARCH/DEED PLOTTING JOHN CLARK 1.25 59.38 ROBERTS HOMES-COURT HOUSE RESEARCH 09/10/99 DRAFTING CARD -PRODUCE RED LINE LORI MOYER 8.00 320.00 DRAWINGS - INPi.1T PRELIIv1INARY DESIGN INFO. PRODUCE SKETCH PLAN-SCAN QUAD SHEET SOILS MAP & SEWERMAP5, DIGITIZE QUAD SHEET, SOII.S MAP & SEWER MAPS. 09/10/99 ENGINEERING MEETINGS AND CONSULTATIONS EDWARD J. 1.50 75.00 MEETING WITH TWP FOR FEASIBII,ITY SE'MBORSKI STUDY 09/10/99 ENGINEERING ATTENDING MUNICIPAL MEETINGS JOHN CLARK 1.00 47.50 ROBERTS HOMES MEET W/JANET HARDMAN @ W. HANOVER 09/10/99 ENGINEERING GENERAL PROJECT SERVICES EDWARD 7. 2.00 100.00 ROBERTS HOMES - RESEARCH TWP SEMBORSKI ORDINANCES FORFEASIBII,ITY STUDY 09/10/99 ENGINEERING PROJECT MANAGEMENT ROBERTS JOIIN CLARK 1.75 83.12 HOMES-000R PROJECT REVIEW/ASSIST 09/10!99 ENGINEERING ON SITE FIELD VISIT ROBERTS JOHN CLARK 2.00 95.00 HOMES-TO SITE INSPECTION t" Date Department Description of Labor Employee Hours/LTnits Fee a 09110/99 ENGINEERING ON SITE FIELD VISIT SITE VIST FOA EDWARD J. 1.50 75.00 FEASIBILITY STUDY SEMBORSKI 09!11!99 DRAFTING CARD -PRODUCE SKETCH PLAN LORI MOYER 2.00 ~ 80.00 ' PRODUCE SKETCHTLAN-ADD ROAD NAMES, MH #S, ADD ADJOINING LAWRENCE VILLAGE, DIGITIZE CLOVER RD FROM SEWER DWGS. 09/13/99 ENGINEERING PROJECT MANAGEMENT JOHN CLARK 1.25 59.38 ROBERTS-FEASIBILITY ASSIST/REVIEW 09/13/99 ENGINEERING PREPARE SKETCH PLANS DEVELOP EDWARD J. 8.00 400.00 SKETCH PLANFORFEASIBILITY SEMBORSKI STUDY 09/13/99 ENGINEERING WETLANDS DELIEATION/STUDY EDWARD J. 1.50 75.00 FIELD INSPECTION FOR WETLANDS SEMBORSKI 09/14/99 DRAFTING CARD -PRODUCE SKETCH PLAN LORI MOYER 3.00 120.00 PRODUCE SKETCH PLAN-ADD CENTERLINE, LOTS, R/W & PROPOSED BLDGS (SKETCH 1) 09!14/99 INGINEIItING PROJECT MANAGEMENT JOHN CLARK 2.00 95.00 ROBERTS-ASSIST/SUPPORT DEVELOP SKETCHES 09/14/99 ENGINEERING DESIGN SEWER SYSTEM SKETCH MICHAEL 1.00 45.00 PLANDESIGNANDCOSTANALYSIS POSTICK 09/14!99 ENGINEERING PROJECT DESIGN STREET AND $LDG EDWARD J. 4.00 200.00 LAYOUT /DESIGN SEMBORSKI 09/14/99 ENGIIVEERING COST ESTIMATES CONSTRUCTION EDWARD J. 4A0 200.00 ESTIMATE -OFF SITE SEMBORSKI 09/15/99 DRAFTING CADD -PRODUCE SKETCH PLAN LORI MOYER 6.00 240.00 PRODUCE SKETCH PLAN-SHIFT SOII,S & ROTATE ON STREAM, REV. RDWAY OF CLOVER RD.,ADD ADDL UNITS,ADD ADJOINER INFO, REV. LAYOUT TO SHW OPEN SPACE & STREAM 09/18/99 ENGINEERING PROJECT MANAGEMENT ROBERTS JOHN CLARK 1.25 59.38 09115!99 ENGINEERING DESIGN SEWER SYSTEM SKETCH MICHAEL 1.00 45.00 PLAN DESIGN AND COST ANALYSIS POSTICK 09/15/99 ENGINEERING PREPARE SKETCH PLANS ROBERTS - EDWARD J. 2.00 100.00 FEASIB]LITY REPORT SKETCH PLAN SEMBORSKI 09/15/99 ENGINEERING REPORT WRITING WRITE STUDY / EDWARD J. 4.00 200.00 REPORT SEMBORSKI 09/15/99 ENGINEERING REPORT WRiTINGFEASIBII,TTY RONALD 1.50 82.50 STUDY FOR DICK ROBERTS SECARY 09(15/94 ENGINEERING COST ESTIMATES CONSTRUCTION EDWARD 3. 2.00 100.00 ESTIMATES SEMBORSKI 09/16/99 ENGINEERING PROJECT MANAGEMENT DICK JOHN CLARK 0,50 23.75 ROBERTS-REVIEW FEASIBII,TTY STUDYlCOMMENTS 09/16/99 ENGINEERING REPORT WRITINGROBERTS HOMES - EDWARD J. 2.00 100.00 FEASIBII,ITY STUDY SEMBORSKI 09/16/99 ENGINEERING REPORT WRITING FEASIBII,ITY RONALD 1.50 82.50 STUDY-D.ROBERTS SECARY Date Department r" L 09/16/99 ENGINEERING 09/16/99 .ENGINEERING 09/17/99 ENGINEERING 09/17/99 ENGINEERING 09/17/99 ENGINEERING Description of Labor Employee Hours/Units Fee COST ESTIMATES ROBERTS - EDWARD J. 2.00 100.00 CONSTRUCTION COST ESTIMATES SEMBORSKI UTII.ITY LAY-OUT/DESIGN ROBERTS - EDWARD J. ~ A.00 200.00 SANITARY SEWER FACILITIES SEMBORSKI OFFICE MEETINGS WITH CLIENTS EDWARD J. 1.00 50.00 ROBERTS -FEASIBILITY STUDY SEMBORSKI PROJECT MANAGEMENT DICK JOHN CLARK 1.25 59.38 ROBERTS CHECKING OF PLAN ROBERTS -EDIT EDWARD J. 3.00 150.00 SKETCH PLAN AND FEASII,BILITY SEMBORSKI REPORT Sub-Total: 4,278.12 Credit for Retainer: $3,000.00 0.00 Amount Due: $1,278.12 PLEASE INCLUDE OUR INVOICE# AND JOB# ON YOUR CHECK ST[JB A service charge will be applied to all bills 30 days pasC due. HARTMAN & ASSOCIATES, INC., Plaintiff vs. RICHARD ROBERTS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 01-4229 CIVIL TERM PRAECIPE Please re-instate the complaint in the above action. Sam .Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12"' Street Lemoyne, PA 17043 1717) 761-5361 f. _? C ~: ~c. ~. HARTMAN & ASSOCIATES, INC., 1 IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, 1 PENNSYLVANIA vs. 1 1 CIVIL ACTION -LAW RICHARD ROBERTS, Defendant 1 NO. 01-4229 CIVIL TERM 1 PRAECIPE TO THE PROTHONOTARY: Please reinstate the complaint in the above matter. '1 Sa .Andes Attorney for Plaintiff ~ ~~ ®~ Supreme Court ID 17225 525 North 12`" Street Lemoyne, PA 17043 (7171761-5361 HARTMAN & ASSOCIATES, INC. Plaintiff VS. RICHARD ROBERTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-4229 CIVIL ACTION LAW NOTICE TO PLEAD TO: Samuel A. Andes Attorney for Plaintiff Supreme Court ID #17225 525 North 12'h Street Lemoyne, PA 17043 (717)761-5361 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Dated: December 17, 2001 SHUMAKER WIL S, P.C. By: Anthony J. Foschi, Esquire, ID #55895 P O Box 88 Harrisburg, PA 17108 717.763.1121 Attorney for Defendant 137920 HARTMAN & ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. DOCKET NO. 01-4229 RICHARD ROBERTS, Defendant CIVIL ACTION LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT COMES NOW the Defendant by and through his attorney's, the offices of Shumaker Williams, P.C. and respectfully files these Preliminary Objections to Plaintiff's Complaint; and, in furtherance thereof, states as follows: 1. Plaintiff filed the above-captioned action on or about July 11, 2001. 2. Plaintiff served the Defendant on or about November 9, 2001. 3. Plaintiffs Complaint attached as Exhibit A invoices addressed to Mr. Richard Roberts, Roberts Homes, Inc. and many of the entries on the same refer to "Roberts Homes". 4. The invoice credits Defendant with the amount of $3,000,000. Attached hereto is the check from Roberts Homes, Inc. for payment of said invoice. 5. Roberts Homes, Inc. filed Bankruptcy on October 9, 2001. 6. Count I of Plaintiffs Complaint is based upon Breach of Contract. 7. Plaintiff fails to attach any written contract to their Complaint or in the alternative fails to provide any averment that the contract was oral in nature. 137920 8. Pa. R.C.P. 1019(h) requires that the claim, if based upon an Agreement, state specifically whether the same was oral or written. 9. Plaintiffs Complaint fails to conform to Rule of Court, thus the same should be stricken pursuant to Pa. R.C.P. 1028(a)(2). 10. It is clear from the Complaint and the check attached hereto that Plaintiffs Complaint fails to state a cause of action against Richard Roberts, individually. The cause of action is against Roberts Homes, Inc. who is insolvent. WHEREFORE, Defendant requests that this Honorable Court dismiss this Complaint pursuant to Pa. R.C.P. 1028(a)(2) and (3) for failure to conform to Rule of court and for failure to state a cause of action against Richard J. Roberts,individually. In the alternative Defendant requests that Plaintiff attach the contract referred to in said Complaint or plead with more specificity the facts surrounding the alleged contract. Respectfully su Anthony J. Foschi, Esquire SHUMAKER WILLIAMS, P.C. P. O. Box 88 Harrisburg, Pennsylvania 17108 Attorney No. 55895 DATE: December 17, 2001 137920 ..a ........:.:.ue.y„a,~~;w+rxCVV.'/+ir;555<9 a.n !:.f..Y. s,iFT~:..,"° a ~.~~u .., _.43 ~~ ~~ vn}:cn' i} , „µ ill >r;~ 4'~. ) I '~ l '^ ~+ J 1 ~,_ y, OF ~ 101 OrCkldrC~ - Rod$ ~ !rn ~A ~ I~~ ~~5 "`~' `~ ~ rR~ ~~ 4~ ~~, r ~ • -~ ;Camp Iii7.1, PF, `17011 I r,. ~ ~ ~ ~ ~ L~ , ~ ~~~'- c f {Ifys~~,, ., ,. ~ .. :r , 1 J,f It ~T ..a~~l ~fs~~l~w ~~'U F,~~ ~,rl~i Ih ~ ~hv.~~ f1~(~ .~ S.. l JI - ~ ~'~ ~ :9 rh a //////''~~~~~~~~ j~ Customer.,Number.1• ROBERTS HOMES, INC ~•,~~v~e%~ II'0034661I'.``~:03 i3 L 2738: 50010865741I' II'0034661I'~:03 L3 i 2738: 500 L0865741I' ,~ ~ ;i - _ ----- I r ~ _ _ DL - JI ~ I ' J _' ~ c u ~ ~ ~ ~' f;ti ~I.7L L' ~'F.;l~'fsllh atuir JJ l h -=7~.'fi't-~1~NS~.APy~•~~~X-~~MI7SED . 72~CT.R CI•~"4 ~~Li~i U'-~CIQ04 -'O!' - . ?2CJII49ti34c^L;~3;9- 1 3=99 ~ - _ ._.. .... ~~ n ~y ~I f tt c G v i m _ ~, N ~ w T a ° m n w l r~~ ~, t ' ~, I _ N 3C1 ~ 4 J ~ U ~ ~ I N If r. ,~^ .ti ~? ~'S J~ - . p~. -.-. .T. ~~{. { ~~ ~~ a~°0000300000di i ~~'0000300000~~' p S O m O ~i_ Imo O m <n -i iT .. m wF m . ..- r-°nA ' - - - 0-I o m .. _ r _ m P y v ~ nt ;T~ ..~~~, y.P'D _A ;z~ . •~ a Ap3-~t ~-i ° 'iv ' - '~?O o~°~ (~o~<° O~~cu ~=Z= ba .~~por~m . p CnN ' In y~~ O, P+ ~ ., '. W v+OA.a ~ew t o ~c~ ,m ~ pm ~.~ -'Da ~ r i r _ PO Z - ~ ~ ~,; ~ ~ ~ .. itny mS • r m HARTMAN & ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. DOCKET NO. 01-4229 RICHARD ROBERTS, Defendant CIVIL ACTION LAW CERTIFICATE OF SERVICE AND NOW, this 17th day of December, 2001, I, Anthony J. Foschi, Esquire, of the law firm of SHUMAKER WILLIAMS, P.C., hereby certify that I this day served a true and correct copy of the Defendant's Preliminary Objections to Plaintiffs Complaint upon the person stated below by depositing same in the United States Mail, postage prepaid, first class mail, on the date set forth: Samuel A. Andes, Esquire Attorney for Plaintiff Supreme Court iD # 17225 525 North 12`" Street Lemoyne, PA 17043 (717) 761-5361 Date: December 17, 2001 Anthony J. Foschi, Esq. #55895 SHUMAKER WILLIAMS, P.C. P. O. Box 88 Harrisburg, PA 17108 137920 HARTMAN & IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW RICHARD ROBERTS, Defendant NO.O1-4229 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HOFFER P.J., OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 1St day of April, 2002, upon consideration of Defendant's preliminary objections to Plaintiff's complaint, and following oral argument held on March 27, 2002, at which counsel agreed that the court should dispose of Defendant's preliminary objections notwithstanding that a praecipe listing the case for argument had not been filed, the preliminary objections are denied and Defendant is granted twenty days from the date of this order within which to file an answer to Plaintiff's complaint. BY THE COURT, Samuel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff ,~no~ . o.z `~"'• S 'VUr', _i~: ~ ~~~I'c_ .. , ... . ~ ~i'7 r ~. SI _~ „. ., tt6S L~ r. , Anthony J. Foschi, Esq. P.O. Box 88 Harrisburg, PA 17108 Attorney for Defendant :rc ~~ ,.