Loading...
HomeMy WebLinkAbout01-04431IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff No. p - ~ vs. H. EDWARD BLACK AND ASSOCIATES, P.C 2403 North Front Street Harrisburg, PA 17110 Defendant -~ c.- -" JURY TRIAL DEMANDED PRAECIPE TO: Curt Long, Prothonotary Please issue a Writ of Summons against the above-named Defendant, H. Edward Black and Associates, P.C. located at 2403 North Front Street, Harrisburg, PA 17110. BARL~EY~, ~SN~/YD~ER, SENFT & COHEN, LLC By: /ln~L°"/b'"l/~ Ronald H. Poll , Jr., Esquire Attorney for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717)399-1539 I.D. No. 52586 WRIT OF SUMMONS IN A CIVIL ACTION TO: H. Edward Black and Associates, P.C. YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. PROTHONOTARY OF CUMBERLAND COUNTY Date• ~~~ By: ~,~ . ~ ~~~ 999977-1 - ~~ ~ c ~ ~~~ ~ ~ f c ~ ~ ~~ ~~ ~~ ~.. - SHERIFF'S RETURN - OUT OF COUNTY /f CASE N0: 2001-04431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WATERFORD SQUARE ASSOCIATES VS BLACK H EDWARD AND ASSOCIATES 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: BLACK H EDWARD AND ASSOCIATES P C but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On August 6th 2001 this office was in receipt of the attached return from DAUPHIN Sheriffs Costs: So ans G~~ / Docketing 18.00 /(% ~ Out of County 9.00 ~~,/ Surcharge 10.00 R. T oma~ s Kline Dep Dauphin Co 25.50 Sheriff of Cumberland County .00 62.50 08/06/2001 BARLEY SNYDER SENFT & COHEN Sworn and subscribed to before me this ~ ~ day of ~/ A.D. Prothonotar'y~ d In The Court of Conagnon Pleas of Cumberland County, Pennsylvania Waterford Square Associates VS. Edward H. Black_& Associates SERVE: same No. O1 4431 civil Now, 7/23/01 , I, SHERIFF OF CL)MBERLAND 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. ~'.: ~ Y Sheriff of Cumberland County, PA Affidavit ®f Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of copy of the original Sworn and subscribed before me this day of , 20_ 20 , at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA ~~ ` ~~~,i~~ ~~ ~~ ~~Pxtf~ 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 Comrronwea7th of Pennsylvania . WATERFORD SQUARE ASSOCIATES INC vs County of Dauphin H. EDWARD BLACK & ASSOCIATES Sheriff's Return No. 2071-T - - -2001 OTHER COUNTY N0. 01-4431 AND NOW: July 31, 2001 SUMMONS H. EDWARD BLACK & ASSOCIATES to CATHY POWELL, OFFICE MANAGER at 12:lOPM served the within upon by personally handing 1 true attested copy(ies) of the original SUMMONS and making known to him/her the contents thereof at 2403 N. FRONT ST. HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 31ST day of JULY, 2001 PROTHONOTARY So Answers, ~/Jl7°i~ ~L (/ Sheriff of Dauphin County, Pa. t By Deputy Sher € Sheriff's Costs:S25.50 PD 07/30/2001 RCPT NO 152440 HOPKINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff No. 2001-04431 vs. H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 JURY TRLSL DEMANDED Defendant NOTICE TO DEFEND 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 maybe entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). 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 Two Liberty Avenue Carlisle, PA 17013 Telephone: (800) 990-9108 RHP/1032923_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff No. 2001-04431 vs. H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 JURY TRIAL DEMANDED Defendant COMPLAINT Plaintiff is Waterford Square Associates, Inc., a Pennsylvania corporation with a business address of 111 Centerville Road, Lancaster, PA 17603. 2. Defendant is H. Edward Black and Associates, P.C., a professional corporation specializing in engineering services with a business address of 2403 North Front Street, Harrisburg, PA 17110. 3. On or about August 5, 1996 the parties entered into a contractual agreement whereby Defendant would provide professional land design civil engineering services associated with the Phase II development of Waterford Square, located in Silver Spring Township, Cumberland County, PA. A copy of this contract is attached hereto, made a part hereof, and marked Exhibit "A." RHP/1032923_I ,~ 4. Defendant's obligations under the contract include the responsibility for preparing a highway occupancy permit application and plans necessary for submission to the Pennsylvania Department of Transportation in order to construct necessary road connections for the project. 5. During the course of the project, it was represented to Plaintiff by Defendant that said permit was obtained. 6. In early June, 1998, Defendant informed Plaintiff that Defendant would need to apply for an extension of the permit. On or about June 10, 1998 Plaintiff was informed that the permit was in fact never issued. As a result of the permit not being issued, the project was significantly delayed until the occupancy permit approval was obtained. 9. As a result of the delays caused by the failure to timely obtain the necessary permit, Plaintiff incurred significant additional costs, including but not limited to costs incurred to resubmit the subdivision plan to meet new ordinance requirements, traffic impact studies, fees, interest, staff time and lost business opportunity and marketing of the project. COUNT I -BREACH OF CONTRACT 10. Defendant breached its contract with Plaintiff as follows: (a) Defendant failed to timely obtain the highway occupancy permit in accordance with the contract; (b) Defendant misrepresented to Plaintiff that in fact a highway occupancy permit had been obtained when it had riot; and (c) Defendant otherwise failed to perform its duties under the contract set forth at Exhibit "A." 11. As a result of the foregoing, Plaintiff incurred significant costs as set forth herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor and against Defendant in an amount in excess of $35,000, together with interest, costs and attorney's fees as allowable by law. BARLEY, SNYDER, SENFT & COHEN, LLC By. ~7'r~ Ronald H. Pollock, Jr., Esquire Attorney for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717) 399-1539 I.D. No. 52586 VERIFICATION I, l~Ay~ I~ S1~a~x~aT~ ,hereby verify that I ain the ~CRe i t~ of Plaintiff, Waterford Square Associates, Inc., that I am authorized to execute this Verification on its behalf, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WATE~QRD SQUARE ASSOCIATES, INC. Date: c~,1 t y ~ t7 ] By: RHP/Complaint -- Waterford v. Ed Black (2) _' ;. Ft. EUWARD BLACK -and ASSQCtATt:S, ~.t.. 17 CCJP,IPfJEHENSIV'E LANG .APJG 91IE PLANNING; Y`i'1ANGSC APL AI:f,';HiTrC LURE C:1 ENGIPJEERINf t Aprifl i.i, i94C Mr. Pete Slaagh - Hamilton Properties 111 Centerville Rd, ...'Lancaster, PA 17603 RE: Waterford Square Phase l7 - Resirlerztial Silver S~r%ng Tmvriship ,. , Cumberland County, Ph , Deai' Pete, Fi..l.dward Black and Associates, P.C. is pleased to submit a revist;d and updated proposal far professionai land design and civil engineering setvices associated with the Phase lY development i~f Waterford Square, located in Siiver Spring Tow3ship, Cuitilx3rland County, PA.' Phase II encompasses appizJximately fifteen (15) acres and is located immediately south of Yhase i of Waterford Sgaiare, which is currently ender construction. We anticipate c>.sing lix3tprints for prolx.3sed townhame units which were provided to us by Tine; Line Hi3ntes. ,The buildvag footprints wt'll he; the trasis from which rnodaficatians to the original and recenEly reapproved Pretirninary Subdivision Plan wilt be made in 17na1 fc3axn. Sines; the original Preliminary Plan appmvaC r.>f Waterford Square, Silver Spring Township hats modified Moth their subdivision and ' land, develcapment. ordinances, and we anticipate compliance with those ordinances as part of this proposal. We prescribe the following process from which to pracet:d: Ti1T pRO(`)" SS The fallowing is an outline of our services which iuciicste;s an updated scope of work for this project .and fees to perform these: services. C)ur work will pracu°rl in two (2) phases.' 2403 Nurttr Front Str.,~ct (7 tiarrtsburg, Pennsylvanra (7110(} Tclept3onc (7171 :2j3-9(125 C~ FAX f,~l71 2332192. a PHASE 1. - FFNAL PLAN FtFsF.LNEMEN'I' A FF. Edward F31ack and .Associates; P.C. will utilize: the services of a'regisdered land surveyor to aequire updated tapographlc information as it relates to the intcrfaci iaf .Phase I grading , with patitposcd Phase II development. Since the grading work an Phase. F is completed, it is important for us to acquire "as=truiit" information to upgrade the uipagraphic int'ormatian aln;ady in our possession. This; updated survey will be provided in Ai)'I'OCAI? format and will be the basis frani which Phase II final Plans cvi 11 be dcvelpped. , $. FINAL PF,AN F2EFrI1VFiMGNT , ~, _ FI. Edward I3lack and .Associates, P.C. will utilize the building footprint prorvided to us by , 'Fine Irne Homes to c;stablish a 'modified lit arr3ngr:ment to aocornmodate the p;opcsscKl building-units. V/e da not anticipate revisions to-road siigmneufs or significant deviation from the or[ginaliy approved Pr~:linrinary Ilan, however lot lines wilf be modified to acccimmodatc adequate side yard rand rear yard set back. distances: This ~idan will be prepared in schematic farm for review by yori'and representatives of Fine Lirn. Fionies prior to starting Final Subdivision Puns: C. TEAM. ME2vdTNG , H. Edwairl:6lack and Associates, P.C. will presc;nt the refined Final Plan as defined in Item "I3" above to both you acrd reptaxentative~ of Fine Lute Homes. -The purpose of this team meeting-will lx: to review and discuss proposed lot arrangements as well as proposed grading,- out and fill analysis, and anticipated landscagw enhancements. -This meeting will require that yc~u and representative..-s of Fine Line FFoma`s prcrwide any comments necessary to incorporate anticipated building plarvs for this phase..Those comments received as part of this meeting- will be incorporated as hart of the Fina[ Plan preparat[<in as defined hereafter iri Phase TI wank. ~FiASE IF - FINAL ~~iJBDFVFSION P~,~~Y~',REPAFtATF(~ A. CC)V.ER SIFEET H. Edward Black and Associates, P.C. will prepare a covr;r sheet far Phase I.I Final Subdivision Plans. Tire formality of the review process riccessiiati-s that this sheet would contain neeessary signature blocks for all C?wners; Municipal and County Review t~gencies, the (hvner's Affidavit or Certificate of Qwnership, and seals by the Pi°ofessional Landscape ArohitecLs, Registerul Engineer and Land Surveyor. The cover sheet will atsci depict the projcxt title, various general notes, sheet index, and site data information necessary for Final , .Plan submission. , l3. SIJBDIVISIC9N PLANS H: Edward Black and Assctcratcts P.C. will develo Final S °, p . ubdivision Plans in'acccndance with Silver Spring Towrship Subdivision and Land Devekrpment Carctinanccs.: These pans will depict the hitriztintal layout of all proposed roads, toad Right-o£-Ways, utilities, aqd propr~sul lot lutes lilt individual lots. Also depicted will be necessary eurve:data information" - and dot acreage information. v C. GR.ADTN'GJIPI7LIT'Y PLAN II. -Edward Flack and Associates, P,C. will devektp grading and utility plans depicting existing and proposed contours for this site and the horizontal and vertic:at layctnt of sanitary sewer `. . and storm server facilities: ".Che-Plan will depict prciposeil sizes, slopes, and elevatioas as ' neu~,ssary and arc; intended to"assure Silver Spring Township representatives that the design ` wilfl function as orighially envisioned. as'part of tlte`Preliminary Plan approval. D. }?ROFILFS Lh Edwanl Black a , ,. nd Associates; Y.C. will Title tune, modify as necessary, ,and Intalize ritadway centerline profiles as originally prepared far the Preliminary Subdivision Plans for ' thii phase, and will depicE the Proposed median grading and vertical layout of all proposed ixiadways iu the Phase Ii development We will also prepare; and confirm significant utility lines entering or exiting this phase of the development. Profiles will illustrate the' interaction ' between proposed roadways, sanitary sewers,,stcirnt 'sewers, waterGnu°s, and proposed. buildint; locations.' Electrical, tclcphoue and cable telcwision will not be shown oh these r pmfilcw. E. `; 'LANDSCAPE PLAN' H. Edward Black and Associates, P.C.-will modify and finalize the Landscape Plan as ,.originally prepared fir the Preliminary Subdivision Plan process for Phase lI. The Landscape - Plan will adhere to Silver Spring Townsh'rp7.c'arvng Chdinartex:.s for screening and huffier yards as well as the aesthetic needs far the development. The plan will cJepict~prciposed plant locations-and species-and will provade de;tarlcd plant lists indicating botanical as well. as common plartt names, plant sires, and proposed plant spacings. F. ER(JSION ANI) SED11vIEN"I'ATION' Ct}NTROL PLAN A complete Erosion and Sedimentation Control Plan had bex~at p;epared for Phase 1 of this development. The Phase II work anticipated under-this contract will involve modificatiohs _ to the previously appr{ived Er<rsiun and Sedimentation Control. Plan, which are necessitated ;.. - . ,: . :. by rruxiificatiorts to building kit kicatioas. We will design the project stormwater and erosion control fact7ifics in accordance with. criteria established. by `°Pennssylvania-Clean Streams I.aw" ,. -and the Pennsylvania Department of Environmental Resources ".Irrasion Control Rules and.':.. Regulations" ('t`itle 25, Part° I, C, Act II, Cfispter 102-Erosdcin Contral'~ and the' newly ' adapted Silver Spring Township Storarwafer Management Ordinance. G. MI.TNICII'AL COt'7RDINATiC3N '. ` ' H. Edward Black and Associates, P.C will make a principal of our firm available w attend a-total cif four (4) meetings with Silver Spring Township representatives: _ We suggest that a maximum ,of twci (2) 01' thane meetings will be with the Silver Spring Township Planning `- Commission and t.wo (2) of".those meetinf,>s with .the Silver Spring Township Braid of Supervisors. ;The purpose of attending. these meetings is to ,present-the project,.review anticiE~ated cc~niments,received by staff and Township Engineer, and to answer questions in solicitation of ttie Municipalities concurrence and approval of these plans. H. HIGH'WA`Y tlCCUPANCY PERMIT It is anticipated that Phase tI will include road extensi<ins freim T?hase.Il to the southeastern'' _ corner of fire prc~pc:rly with iicrxgss-onto U.S. Routh'Ll, ~ H. Edward Black and A.ssaciales; . `P.C. -will prepare a' IIighway'Occnpancy Permit.Aliplication`and plans necessary for ,. submission tci the Pennsylvania Department of Transpi7rtation iii carder,ta construct this road ', ciwnneckiau with U.S: RouteVll(Carliste Pike).- These plans and cross~sections`wilt be developed at'a s~rleaf 1."= 20' in accordance: with PennDC77:' criteria, COMPENSATIQN The alxavi: represents a sKimptvhensive proposal for Finai Subdictision design services related to Phases. - II of Waterford Square. I~L: Edwani Black and Associates, P.C. will, provide these professional land 'design services for a lump ruin fee not to CxCCeet nlnefeen thcrusaad five hundred sixty dollars ; ($19, 560.00}. Application, review, and recording fefs are nest included in this cost. Tnvaices will be 4ssued to you monthly throughout the duration of the prvje:ct. Payment of those invoices is due within thirty (30) clays of receipt. If additionnl.services other than those specifically defined above ate requirs:d ss part of the process; kI. Edward Black-and Associates, P.C. will grepare a work autharizaHon form for your signature prier tci paoceeding with nay additiohal work. Your signature affixed tx:low will indicate; approval of,the scope of services and fees associated with those services and wiIl provide authorizatiiln far us tip proceed with this very important project. We would ask the executed agree sign tend return one (1) cxeciited urp}+ of this agreement. Upon rexeipt,cif this •nrent, we wilt contact you to"schedule necessary milestones working towards the submission of. final plaits to Silver Spring Township. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint has been served this day of December, 2001, by first class mail, postage prepaid, upon: C. Grainger Bowman, Esquire Powell Trachtman Logan Carrie Bowman & Lombardo PC 114 North Second Street Harrisburg, PA 17101 BARLE~Y,,~S//NYD~ER/SENFT & COHEN, LLC By: %l~"~f ~' Ronald H. Pollock, Jr., Esquire Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2832 (717)399-1539 Court LD. No. 52586 RHP/1032923_1 c> ~ ~-> c - -, a n,~,< <m, ` " z=~' z t- ~ _ , i" cr; ~ - __ Vi ~~~ ~ =_-i='1 ` ~ t y~ rv cG'`' ~. N ;~~'?s. ,sa~+fT'{mow rc~aw_°Me~srr'v _ f4Ym@R&'~°san.lartw.i.... ,. ~ r' TO WATERFORD SQUARE ASSOCIATES, INC. and Ronald H. Pollock, Jr. Esq.: You are notified to file a written response to the enclosed New Matter within 20 days from service hereof or a judgment maybe ent~d~aga'v~ t you. \\\ lr J C. Grainger Bow n, Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff v. No. 2001-04431 H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 JTJRY TRIAL DEMANDED Defendant ANSWER OF H. EDWARD BLACK AND ASSOCIATES, P.C. TO PLAINTIFF'S COMPLAINT CONTAINING NEW MATTER ANSWER AND NOW comes H. Edward Black and Associates, P.C., defendants by their attorneys; Powell, Trachtman, Logan, Carrle, Bowman & Lombardo, P.C. ,answering Plaintiff's complaint as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted only that Defendant is a H6:43263v1 3246-10 professional corporation at the address alleged and that Defendant provides landscape architectural and civil engineering services as a part of its professional practice. Characterizations of "specializing" are denied. Admitted in part. It is admitted that Plaintiff has attached to its complaint an Exhibit A which purports to be a revised and updated proposal to Plaintiff for certain professional land design and civil engineering services. The agreement speaks for itself. Handwritten notes appearing on the last page of the agreement are unlrnown, and hence denied. 4. It is admitted only that Defendant provided services in accordance with a proposal which is in writing and speaks for itself. All other averments (including "necessary road connections") are denied, as well as Plaintiff's characterizations of Exhibit A. 5. Denied, as after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 6. Denied, as after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. Denied, as after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. Denied, as after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 9. Denied, as after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. COUNT I -BREACH OF CONTRACT 10. Denied. HB:43253v1 3246-10 a. Denied as a conclusion of law to which no response is required. Denied that the allegation is a proper conclusion. To the extent that the allegation is deemed factual, said allegation is denied. b. Denied as a conclusion of law to which no response is required. Denied that the allegation is a proper conclusion. To the extent that the allegation is deemed factual, said allegation is denied. c. Denied as a conclusion of law to which no response is required. Denied that the allegation is a proper conclusion. To the extent that the allegation is deemed factual, said allegation is denied. 11. Denied, as after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. NEW MATTER 12. Plaintiffls claims are barred in whole or in part by the doctrine of the statute of limitations. 13. Plaintiff s claims are barred in whole or in part by the doctrine of consent. 14. Plaintiffl s complaint fails in whole or in part to state a claim upon which relief can be granted against Defendant. 15. Defendant's contract did not contain any expressed or implied warranties to plaintiff. 16. Defendant's contract does not covenant or guarantee approval from any public body having jurisdiction over this project. 17. Plaintiff is solely responsible for obtaining approval from any public body having HB:43253v1 3246-10 jurisdiction over this project. 18. Defendant's contract does not covenant or guarantee a specific date by which each part of the contract had to be completed. 19. Plaintiff is responsible for the delays in the project. 20. The damages alleged in plaintiff s complaint were caused or contributed to by the Plaintiff. 21. Plaintiff has not properly mitigated its damages. 22. Defendant acted reasonably, prudently and properly and with the degree of care and skill required to support the interests of its clients. 23. Plaintiffls claims are barred in whole or in part by the doctrine of estoppel. 24. Plaintiffls claims are barred in whole or in part by the doctrine of waiver. 25. Plaintiff s claims are barred in whole or in part by accord and satisfaction. 26. Defendant discharged its duties or obligations as set forth in the contract. 27. The damages claimed by plaintiff are and were risks assumed by the developer and not those assumed by Defendant. 28. The damages claimed by the plaintiff are uncertain and speculative. 29. The damages claimed by the plaintiff are not reasonably foreseeable. H8:43253v1 3246-10 4 WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffls complaint and to grant such other relief in favor of Defendant as is appropriate. POWELL, TRACHTMAN, LOGAN, GARBLE, BOWMAN & LOMBARDO, P.C. l ~-' By C. Grainger o an I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717)238-9300 Attorneys for H. Edward Black & Associates, P. C., Defendant HB:43253v1 3246-10 VERIFICATION I verify that I am H. Edward Black, President of H. Edward Black and Associates, P.C., Plaintiff, and that I am authorized to make this verification on behalf of H. Edward Black and Associates, P.C., and that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn Falsification to authorities. H. Edward Black Date January 21, 2002 HQ:43253v1 3246-10 CERTIFICATE OF SERVICE AND NOW, on January 21, 2002, I hereby certify that I have served a true and correct copy of the within Answer of H. Edward Black & Associates, P.C. Containing New Matter upon the following person(s) via first class U.S. Mail, postage prepaid and by fax: Ronald H. Pollock, Jr., Esq. Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 POWELL, TRACHTMAN, LOGAN, GARBLE, BOWMAN & LOMBARDO, P.C. By ~ lp"-- C. Graing owman I.D. #15706 114 North Second Street Hamsburg, PA 17101 (717)238-9300 Attorneys for H. Edward Black & Associates HB:43253v1 3246-10 ; c ; s: r y ° = r v; ` ~" - _ .... _. r ~ , -; . ... .a ...~ .. .. I ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC., Plaintiff No. 2001-04431 vs. H. EDWARD BLACK AND ASSOCIATES, P.C. JiJRY TRIAL DEMANDED Defendant REPLY TO NEW MATTER 12-29. Denied. The averments of paragraphs 12 through 29 inclusive are denied as stating conclusions of law to which no responsive pleading is required. BARLEY, SNYDER, SENFT & COHEN, LLC By: 6Lv/ Ronald H. Pollock, Jr., Esquire Attorney for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717)399-1539 I.D. No. 52586 RHP11048917_1.DOC --- c5 _ ..r, - -;, `' ; 1 ~ t=`%= ~ -~ .' .- „ `~, - : _. (=' rti: - . -. ~w IN THE COURT OF COMMON PLEAS OF Ci JMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff v. No. 2001-04431 H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 JURY TRIAL DEMANDED Defendant ORDER AND NOW, this day of June, 2002, having considered Plaintiff's Motion to Compel and Defendant's Answer to this Court's Rule to Show Cause with attached exhibits, the discovery dispute appears to be moot, and the Rule dated May 31, 2002 is hereby discharged. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff v. No. 2001-04431 H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 JURY TRIAL DEMANDED Defendant ANSWER OF H. EDWARD BLACK AND ASSOCIATES, P.C, TO RULE TO SHOW CAUSE OF MAY 31, 2002 AND NOW comes Defendant, by and through its attorneys, responding to this Court's Rule to Show Cause, as follows: On May 31, 2002 this Court entered a Rule to Show Cause why Plaintiffls Motion to Compel Answers to Interrogatories and Responses to Request for Production of Documents should not be granted. 2. The Rule exited the Office of the Prothonotary on June 3, 2002, and was delivered to Defendant's undersigned counsel, granting 20 days from the date of service to respond to the Rule. 3. On June 19, 2002, Defendant personally served documents, verified by Defendant's President, which included the Answer of H. Edward Black and Associates, P.C. to Plaintiff s First Set of Interrogatories and Response of H. Edward Black and Associates, P.C. to Plaintiff s Request for Production of Documents (Set No. 1), to fully respond to Defendant's discovery requests. Said documents are attached hereto as Exhibit A. 4. On June 20, 2002, counsel for Defendant telephoned counsel for Plaintiff and both addressed the management of the remainder of discovery required for the forward progress of this case, including the delivery of documents for review and copying. Discovery is current in this matter. The Motion to Compel is now moot. WHEREFORE, Defendant requests that, Defendant having complied with responses to the discovery requests, that Plaintiff s Motion to Compel be considered moot. POWELL, TRACHTMAN, LOGAN, GARBLE, BOWMAN & LOMBARDO, P.C. By ~ `~-~-~ C. Grainger wman I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Attorneys for H. Edward Black & Associates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff v. No. 2001-04431 H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 NRY TRIAL DEMANDED Defendant ANSWER OF H EDWARD BLACK AND ASSOCIATES, P.C. TO PLAINTIFF'S FIRST SET OF INTERROGATORIES Defendant has not determined who, if anyone, it shall call as an expert in the above-referenced action. At such time as this determination has been made, Defendant shall answer this question, and all of its subparts. 2. H. Edward Black, H. Edward Black & Associates, P.C., 2403 North Front Street, Harrisburg PA 17110. Defendant has not determined which exhibits it intends to introduce at trial in the above-referenced action. However, Defendant will utilize such deliverables as are relevant to the performance of the April 11, 1996 letter from H. Edward Black &v Associates to Hamilton Properties, including the Process and the Phase work described therein. All such documents are available for inspection and copying. 4. Any investigation is the work product of counsel for Defendant, and therefore >~ privileged. Neither Defendant, nor its agents, has done any investigation. No. 6. No. H. Edward Black has no first hand knowledge that Defendant's employee, Craig Bachik, has falsified approval of a Highway Occupancy Permit for the project Knowledge about any aspect of the Highway Occupancy Permit would be obtainable from PennDOT's Permit Coordinator Tom Fogelsonger, whose address is believed to be PennDOT Engineering District 8- 0, 2140 Herr Street, Harrisburg PA 17103-1699. This constitutes a conclusion of law which is beyond the scope of discovery under the Rules of Civil Procedure. 9. Services were provided by Rick Bolt who was Defendant's Project Manager. Defendant, per Rick Bolt, met with Silver Spring Township representatives Manager Bill Cook, Engineer Mark Bruening, and possibly Assistant Manager Kelly Kelch. The referenced Township representatives took a very hard line with Defendant and insisted upon the developer changing the storm water requirement criteria for the drawings, that is, for the developer to re-do the work in accordance with the new criteria. The new criteria were in accordance with a township ordinance that was passed somewhere between 1996 and 1998. The Township's approval was not to be granted unless the developer complied with these new requirements. 10. Greg Slaugh was Hamilton Properties' Project Manager, and would have witnessed the services. Rick Bolt, Defendant's Project Manager, monitored the application process through PennDOT. Edward Black monitored the Defendant's work. Bill Cook and Mark Bruening were Township representatives who witnessed the work. Tom Fogelsonger, Permit Coordinator of PennDOT Engineering District 8-0 and Brian Sanders, PennDOT Bridge Division of Engineering District 8-0 also observed the services. Representatives of Culligan Water observed Defendant's services. 11. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiff's review and copying at a reasonably convenient time during business hours. 12. The gist of Plaintiff s cause of action is not in breach of contract, but is rather in tort, which is governed by a two year statute of limitations. To the extent that the tort statute of limitations supersedes the Plaintiff's claim of a breach of contract, the Plaintiff's claim is barred. 13. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiff's review and copying at a reasonably convenient time during business hours. 14. The doctrine of consent is withdrawn. 15. The April 11, 19961etter does not contain wan-anties, but instead contains a statement of services. 16. Sometime in the mid-year of 1998 by Rick Bolt. 17. To be supplied. 18. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiff s review and copying at a reasonably convenient time during business hours. 19. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiff s review and copying at a reasonably convenient time during business hours. 20. To the extent that delays caused by Plaintiff or its representatives, project mangers or other relevant persons are discovered in discovery, these will be the substance of those delays. It is believed currently that Greg Slaugh did not process information timely. 21. Paragraph 18 states that the contract does not covenant or guarantee a specific date by which each portion of the contract was to be completed. H. Edward Black has knowledge of the contract. 22. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiffls review and copying at a reasonably convenient time during business hours. 23. To the extent that delays caused by Plaintiff or its representatives, project mangers or other relevant persons are discovered in discovery, these will be the substance of the claim of the doctrine of estoppel. 24. To the extent that actions of waiver knowingly or voluntarily made by Plaintiff or its representatives, project mangers or other relevant persons are discovered in discovery, these will be the substance of this defense of waiver. 25. The doctrine of accord and satisfaction is withdrawn. 26. Defendant performed its Phase II work and the Highway Occupancy Permit application to provide the road connection from Phase I to U.S. Route 11, which connection n-aveled generally from the northwestern section of the project to the southeastern section immediately to the east of the detention pond area, where it junetioned with Route 11. 27. Rick Bolt, Edward Black, Mark Bruening, Bill Cook, Tom Fogelsonger, Brian 4 Sanders, Greg Slaugh. 28. To be supplied. 29. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available-for Plaintiff's review and copying at a reasonably convenient time during business hours. 30. The developer did not call for a specific time for the performance of services. The developer was aware that Silver Spring Township carefully scrutinized all development projects and severely applied all of its township requirements. These were known risks of development in Silver Spring Township, and reasonably known to the instant developer. POWELL, TRACHTMAN, LOGAN, GARBLE, BOWMAN & LOMBARDO, P.C. By C. Grainger owman LD. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Attorneys for K Edward Black & Associates VEffiFICATION I verify that I am H. Edward Black, President of H. Edward Black and Associates, P.C., Plaintiff, and that I am authorized to make this verification on behalf of H. Edward Black and Associates, P.C., and that the statements made in the foregoing Answer of H. Edward Black & Associates, P.C. To Plaintiff's First Set of Inten-ogatories are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. %~~/ H. Edward Black 6 -yam. CERTIFICATE OF SERVICE AND NOW, on June 19, 2002, I hereby certify that I have served a rice and correct copy of the within Answer of H. Edward Black & Associates, P.C. To PIaintiff's First Set of Interrogatories upon the following person(s) via personal service: Ronald H. Pollock, Jr., Esq. Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 POWELL, TRACHTMAN, LOGAN, GARBLE, BOWMAN & LOMBARDO, P.C. By C. Grainger owman I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717)238-9300 Attorneys for K Edward Black & Associates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff v. No. 2001-04431 H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 171 ] 0 NRY TRIAL DEMANDED Defendant RESPONSE OF H. EDWARD BLACK AND ASSOCIATES. P.C. TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET NO. 11 There are no such statements. 2. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiff's review and copying at a reasonably convenient time during business hours. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiff's review and copying at a reasonably convenient time during business hours. The Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiff's review and copying at a reasonably convenient time during business hours. It has not yet been determined what experts shall be used. When the ~_. determination is made, the curriculum vitae shall be provided. No expert documents and things have been prepared for the reason recited in paragraph 5 above. When they are prepared, they shall be provided. 7. Tho Project file of H. Edward Black & Associates for Waterford Square. Defendant will make this file available for Plaintiff's review and copying at a reasonably convenient time during business hours. POWELL, TRACHTMAN, LOGAN, GARBLE, BOWMAN & LOMBARDO, P.C. (/ By C. Grainger Bo ul I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717)238-9300 Attorneys for H Edward Black & Associates Nor 2001-64431 VERIFICATION [H. Edward Black and Associates, P.C.] I, ~. ~,,~, ~ra R, ,„r_ , of H. Edward Black and Associates, P.C., being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Plaintiff s Request for Production and Copying of Documents and Things (Set No. 1), are true and correct to the best of its knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: Jur1e 19, 2002 H. EDWBL~CK SATES, P.C. By: L/1 /,,GG~~ii~((//// 1051659_ I .DpC CERTIFICATE OF SERVICE AND NOW, on June 19, 2002, I hereby certify that I have served a true and correct copy of the within Response of H. Edwazd Black and Associates, P.C. to Plaintiff's Request for Production of Documents (Set No. 1) upon the following person(s) via personal service: Ronald H. Pollock, Jr., Esq. Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 POWELL, TRACHTMAN, LOGAN, GARBLE, BOWMAN & LOMBARDO, P.C. By C. Grainger wrnan I.D. #15706 114 North Second Sheet Harrisburg, PA 17101 (717)238-9300 Attorneys for H Edward Black & Associates CERTIFICATE OF SERVICE ~~ AND NOW, on June,l~; 2002, I hereby certify that I have served a true and correct copy of the within Answer of H. Edward Black & Associates, P.C. To Rule to Show upon the following person(s) via U. S. Mail, first class, postage prepaid: Ronald H. Pollock, Jr., Esq. Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 C. Grainger Bo an I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717)238-9300 Attorneys for H. Edward Black & Associates ~ ~ ~ (7 ~ _ I 'v l 3 '•-' ~ _ ^J ~;T1 ~._~ :U ' ._.. _ _ - = C:Ji IRl :„> ~ ~ K. _ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff v. No. 2001-04431 H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 JURY TRIAL DEMANDED Defendant ORDER AND NOW, this day of June, 2002, having considered Plaintiff's Motion to Compel and Defendant's Answer to this Court's Rule to Show Cause with attached exhibits, the discovery dispute appears to be moot, and the Rule dated May 31, 2002 is hereby discharged. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff v. No. 2001-04431 H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 JURY TRIAL DEMANDED Defendant ORDER AND NOW, this day of June, 2002, having considered Plaintiff's Motion to Compel and Defendant's Answer to this Court's Rule to Show Cause with attached exhibits, the discovery dispute appears to be moot, and the Rule dated May 31, 2002 is hereby discharged. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC. 111 Centerville Road Lancaster, PA 17603 Plaintiff v. No. 2001-04431 H. EDWARD BLACK AND ASSOCIATES, P.C. 2403 North Front Street Harrisburg, PA 17110 JURY TRIAL DEMANDED Defendant ORDER AND NOW, this day of June, 2002, having considered Plaintiff's Motion to Compel and Defendant's Answer to this Court's Rule to Show Cause with attached exhibits, the discovery dispute appears to be moot, and the Rule dated May 31, 2002 is hereby discharged. J. WATERFORD SQUARE IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW H. EDWARD BLACK AND ASSOCIATES, P.C., Defendants NO.O1-4431 CIVIL TERM ORDER OF COURT AND NOW, this 31S` day of May, 2002, upon consideration of Plaintiff Waterford Square Associates, Inc.'s Motion To compel Answers to Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Ronald H. Pollock, Jr., Esq. Shawn M. Long, Esq. 126 East King Street Lancaster, PA 17602-2893 Attorneys for Plaintiff G. Grainger Bowman, Esq. 114 North Second Street Harrisburg, PA 17101 Attorney for Defendant :rc .s.`P, 'rr•U~~-,,,, ,ter„~~,,. ~,;,:~~~!('J:~~;, ;u~ry ~.~~:_~ ~,J f =,i '_'~ ~~` . i ~ ~ ,`~I J4 q;. ~;,, '~J i 1 _i ~ r, Sri _ ~' ~ .=,;~txH easy •~:.~a~Fq~`x~sr-~xsme ~nepW!4?I~§iat .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC., . Plaintiff No. 2001-04431 vs. H. EDWARD BLACK AND ASSOCIATES, P.C. JURY TRIAL DEMANDED Defendant ORDER AND NOW, this day of , 2000, upon consideration of Plaintiff Waterford Square Associates, Inc.'s Motion to Compel Answers to Discovery, IT IS HEREBY ORDERED that Defendants shall provide full, complete and substantive responses to Plaintiff's Fist Set of Interrogatories Directed to Defendant and Plaintiffls Request for Production and Copying of Documents and Things within ( )days of this Order. BY THE COURT: J. SML/]068307_1.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC., Plaintiff No. 2001-04431 vs. H. EDWARD BLACK AND ASSOCIATES, P.C. JURY TRIAL DEMANDED Defendant PLAINTIFF WATERFORD SQUARE ASSOCIATES, INC.'S MOTION TO COMPEL ANSWERS TO DISCOVERY 1. On or about July 20, 2001, Plaintiff initiated the above-captioned action by Writ of Summons. 2. On or about December 21, 2001, Plaintiff filed a Complaint seeking damages for Defendant's breach of a written contract under which Defendant was to provide certain professional land design civil engineering services. 3. On or about February 15, 2002, Plaintiff served upon Defendant Plaintiffls First Set of Interrogatories Directed to Defendant (the "Interrogatories") and Plaintiffls Request for Production and Copying of Documents (the "Request for Production"). True and correct copies of Plaintiff s Interrogatories and Request for Production are attached hereto as Exhibits "A" and "B" respectively. SML/1068307_1.DOC 4. Defendant failed to respond to Plaintiff's Interrogatories and Request for Production within thirty (30) days after service thereof. 5. By letter dated March 20, 2002, Plaintiff notified Defendant that its response to Plaintiff s Interrogatories and Request for Production was overdue and that Plaintiff intended to file a motion to compel such response if Plaintiff did not receive a response within ten (10) days. A true and correct copy of Plaintiff s March 20, 20021etter is attached hereto as Exhibit "C ". 6. To date, Plaintiff has received no response to the Interrogatories and Reques t for Production. 7. Plaintiff cannot proceed in this acfion without Defendant's response to the Interrogatories and Request for Production. 8. Pennsylvania Rules of Civil Procedure No. 4006(a)(2) and 4009.12 require that a party respond to interrogatories and requests for production of documents and things within thirty (30) days after service of such discovery requests. WHEREFORE, Plaintiff Waterford Square Associates, Inc. respectfully requests that this Honorable Court enter an Order compelling Defendant H. Edward Black and Associates, P.C. to provide full, complete and substantive answers to the Interrogatories and Request for Production. 1068307/04.09.02 BARLEY, SNYDER, SENFT & COHEN, LL~ By: ~Q/~~ Ronald H. Pollock, Jr., Esquire Shawn M. Long, Esquire Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717)399-1539 I.D. No. 52586 I.D. No. 83774 2 ._ .. J _ ,_ _.... _ _._ ~ _ , ~ - _ _ _ ._ _ a i ~~ R 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion has been served this rx~ day of , 2002, by first class mail, postage prepaid, upon: C. Grainger Bowman, Esquire Powell Trachtman Logan Carne Bowman & Lombardo PC 114 North Second Street Harrisburg, PA 17101 BARLEY, SNYDER, SENFT & COHEN, LLC By: '' ~%~ Ronald H. Pollock, Jr., Esquire Shawn M. Long, Esquire Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2832 (717)399-1539 Court LD. No. 52586 Court I.D. No. 83774 SML/1068307_1.DOC C _ C ~, ; . .en : tTi_f'*; _ _ -'- , nJ 1n _ i~ Ui lr~ _ _ rto .__ __~~t_l ~:-f wJ ~.J Z M j -: -- ..< {PpN wvts i'sa:?aew eueugp,='YazNwu~~taro?~1^vG~! rmtng"nel etY4~R+@ _ i ~ ~~~~ a m Z ~ ~. w e~, "p ~5~ ~ a- ~ ~ ~. u, r,~_~ e o t a % M M Q ~ o V Y F~ ~ rt b :tl CS ~`1 • a• x~~ A w ~ o ~ ~ ~ ro ~ ~ y ~ ~J _ o ~ a o ~ ~ •~ -e ~m .~ v N ~~, ' o ~~ s ~, o ~c a>"s ,; ~r~ Pe Y_4 BkC >rc:id4JC4~N~LFRfr ~, ~ ~ ~tl C1 w - w a`"a ~ ~ '~'~ °m°' :. ~ a ~ c ', ~ o I~ ~ M N~ W ~ 0 li H !f`L ~ ~' ;q M ^ " 1 '~ Q n a ., x bib a~ o ~~O a ~ x N `~ M N ~ ~ N ~ r P o O ~ ~~r a~ },P~o~ 9 ~ v'a-; c_~ .. . .. ~~,".z a L..P tts P~F fin:+:F+a Nama:a•w POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY LD. #75903 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717) 238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. ATERFORD SQUARE ASSOCIATES, Plaintiff, v. L EDWARD BLACK AND ASSOCIATES, .C. Defendant. COURT OF COMMON PLEAS :BLAND COUNTY, YLVANIA 2001-04431 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant H. Edward Black and Associates, P.C. certifies that: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the four proposed subpoenas, are attached to this certificate, (3) no objection to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve subpoenas. POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. , By ` ~/ Anthony S. Potte ,Esquire I.D.#75903 114 North Se nd Street Harrisburg, PA 17101 Date: ~~~c~/~cJ (717) 238-9300 HB:51146v1 3246-]0 POWELL, TRACHTMAN. LOGAN, CARRLE & LOMBARDO, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY I.D. #75903 l 14 NORTH SECOND STREET HARRISBURG, PA 17101 (717)238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. JATERFORD SQUARE ASSOCIATES, INC. Plaintiff, v. L EDWARD BLACK AND ASSOCIATES, .C. Defendant. THE COURT OF COMMON PLEAS AND COUNTY, VANIA 2001-04431 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 H. Edward Black and Associates, P.C. intends to serve subpoenas identical to those attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served. POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO, P.C. By ' ~ - ~ ,-~---- Anthony S. otter,'Esquire I.D. #75903 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: % ~-~' ~ (,j ~~%~ G,~ HB:50486v 13246-10 COMMON4"NEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ftiTaterfoxrl SgvaYe Associates, Inc., Plaintiff v. H. Edward Black and Associates, P.C. Defendant File No. 2001-04431 SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Silver Spring 7io~rnvship, `I'a~mship I~inager, 6475 Carlisle Pike, Mechanicsburg, PA TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doc_ments or things: See Attached Addendiun. T~owell, Trachtmnri, Logan C~rrle & Ianbazdo, P.C. 114 South Second Street, Harrisburg, PA at 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by tFSis subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Antiwny S , Potter, Ems,; re Name Address: 114 North Second Street Harrisburg, PA 17101 17055 Telephone: (717) 238-9300 Supreme Court ID # 75903 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) ATTACHMENT"A" Definitions The terms "you", "your", "Township" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Silver Spring Township as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, writteri, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives. or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. 3. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. ~- H6:50545v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all documents in your possession, custody or control relating to the development of Waterford Square, including all correspondence, contracts, reports, agreements, investigative documents, internal memoranda, e-mails, notes, briefs, research, drafts, calendars, appeals, time sheets, and documents relating to the development of all Phases of Waterford Square. 2. Any and all documents which refer to, or relate to the development of any of the phases of the Waterford Square Project. 3. Any and all documents and file contents in your possession relating to the Waterford Square Project. 4. Any and all documents which refer or relate to any applications for approvals, renewals or any permits for the Waterford Square Project. 5. Any and all reports, memoranda, analyses, decisions or other such documents prepared by the Township in denying or approving plans, applications or permits for the Waterford Square Project. 6. Any and all documents used by the Township to assist in rendering a decision in the denial or approval of applications for obtaining zoning and subdivision land development approval and permits for the Waterford Square development. 7. Any and all documents, notes, transcripts, correspondence, meeting minutes, memoranda, research, reports, exhibits, testimony presented and/or used during any hearings held before the Township's Board of Supervisors pertaining the development of Waterford Square project. 8. Any and all agreements between any party/company and the Township concerning services for the development of the Waterford Square project. 9. Any and all laws, regulations, codes, ordinances or other regulatory enactments or plans for development of the Waterford Square Project. 10. Any and all documents, correspondence, notes, transcripts, meeting minutes, applications, ineinoranduin, research, reports, exhibits, decisions, analyses or other such documents from the Cumberland County Planning Commission, PennDot or the Cumberland County Conservation District pertaining to the proposed development of the Waterford Square Project. i- HB:50545v1 3246-10 11. Any and all documents used by the Township to assist in rendering a decision in the granting of application(s) for obtaining zoning and subdivision land development approval and permits for the development Waterford Square. 12. Any and all preliminary plans or final plans relating to the Waterford Square Project. T 13. Any and all memoranda, reports or correspondence relating to the development of Waterford Square from the Township's engineer. 14. Any and all documents, reports, comments, memoranda or other such documents relating to storm water management plan for the Project. 15. Any and all engineering reports or other studies on the Project including but not limited to Traffic Impact Studies. 16. Any and all meeting minutes relating to the Project. 17. Any and all meeting minutes, decisions, adjudications, notes of testimony or other such documents pertaining to the Project. ~- HB:50545v1 3246-10 4.:V MMVMW~ALIM Vr' YtIV IVSYLVANlf4 COUNTY OF CUMBERLANC FVateforrl Square Associ.ares, Inc. , Plaintiff v. H.; Edward Black and Associates, P.C., Defendant File No. 2001-04431 SUBPOENA TO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PIIRSU/ANTTO RULE 4009.22 TO: Pennoni. Associates, Inc., 704 Lisburn Road, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached Addendum, *-Sowell, Trachtinan, Logan, Carrle & 70, P.C., 114 South Second Street at Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Anthony S. Potter, Esquire Name 114 North Second Street Address: Harrisburg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # Attorney For: 75903 Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) ATTACHMENT "A" Definitions The terms "you", "your", "Pennoni" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Pennoni Associates, Incorporated as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. HB:50559v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all documents in your possession, custody or control relating to the development of Waterford Square, including all correspondence, contracts, reports, agreements, investigative documents, internal memoranda, e-mails, notes, briefs, research, drafts, calendars, appeals, time sheets relating to the Waterford Square Project and Pennoni's review of the Project. 2. Any and all documents which refer to, or relate to the development of Waterford Square Project. 3. Any and all documents which refer or relate to Waterford's application for the preliminazy plan approval or final plan approval for any phase pertaining to the Project. 4. Any and all reports, decisions, analyses or other such documents prepared by Pennoni during its review of the Project. 5. Any and all documents used by Pennoni to assist in making recommendations including but not limited to recommendations regazding applications for obtaining zoning and subdivision land development, permit applications, applications for preliminary plan and final subdivision plan approvals pertaining the Project. 6. Any and all documents, notes, transcripts, correspondence, meeting minutes, memorandum, research, reports, exhibits, testimony presented and/or used during the any hearings held pertaining to the development of Waterford Square. 7. Any and all ordinances, laws, regulations, or other regulatory enactments used to review the applications, and plans for approval on the Project. 8. Any and all agreements between Pennoni and Silver Spring Township concerning Pennoni's services for the Project. 9. Any and all documents, correspondence, notes, reviews, comments, studies, transcripts, meeting minutes, memorandum, reseazch, reports, exhibits, decisions, analyses or other such documents in your possession pertaining the development of Waterford Square 10. A complete copy of your Project file. H8:50559v1 3246-10 COMMONWVEAI_TH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~•7ateforcl Square Associates, Inc., Plaintiff v H.-; Eclwarel Black and Associates, P;C., Defendant File No. SUBPOENATO PRODUCE''iDOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PennDot District 8-0 Office, 21st & Herr Streets, Harrisburg; PA TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached Addendum. Howell, Trachtrnan, I~pgan, Carne & »o, P.C., 114 South Second Street at Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Anthony S. Potter, Esquire Name Address: 114 North Second Street Harrisburg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # 75903 Defendant Attorney For: BY THE COURT: Prothonotary/Clerk, Civil Division Date: 2001-04431 17103 Seal of the Court Deputy (Eff. 7/97) ATTACHMENT "A" Definitions The terms "you", "your", "Pa.DOT" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Pennsylvania Deparhnent of Transportation ("Pa.DOT") and Pa.DOT District 8-0 Office as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. H B:50561 v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all documents contained within your highway occupancy file(s) including but not limited to Permit No. 08011564 and 08039780 pertaining to the construction and development of the Waterford Square Project. 2. Any and all correspondence, documents, memoranda or supporting documents relating to all permits for the Waterford Square project. 3. Any and all regulations, codes, specifications, guidelines or other governmental regulatory enactments which were used to review the applications for highway occupancy permits. 4. Any and all laws, regulations, codes or other governmental regulatory enactments including but not limited to the 408 Specifications from 1989 through 2000 used and/or obtained pertaining to the development of Waterford Square. 5. Copies of pictures and/or replicas of models which were constructed relating to the Waterford Square project. 6. All engineering reports, traffic studies or other such documents pertaining to the Project. 7. Any and all documents or drawings depicting the Waterford Square Project. 8. Any and all reports, memoranda or other documents concerning visits or inspections by you or other agents and representatives of the Waterford square project. 9. Any and all internal memoranda, correspondence, notes of telephone calls or other such documents relating to the highway occupancy permit for the Project. 10. Any and all correspondence regarding update letters sent to you or any party involved in the development of Waterford Square. 11. Any and all meeting minutes pertaining to any meetings or hearings you were present at regarding the construction and development of the Waterford Square project. 12. Any and all documents in your possession, custody or control relating to the development of Waterford Square including but not limited to, all correspondence, contracts, reports, agreements, investigative documents, internal memoranda, e-mails, notes, briefs, H 6:50561 v1 3246-10 research, drafts, calendars, appeals, time sheets and any other documentation relation to the Waterford Square project. 13. Your complete Project file. HB:50561v1 3246-10 COMMONWEALTH OF PF_MNSYI_VAMIA COUNTY OF CUMBERLAND ~TVateford Square Associates, Inc,, Plaintiff v H.. Edward Black and Associates, P.C„ Defendant File No. 2001-04431 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSWANTTO RULE 4009.22 TO: PennDot Cumberland County Field Office, 540 W. North Street, Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court\to produce the following documents or things: See Attached Addendum, ?~aae].1, Trachtman, Fagan, Carrle & Iatitb3ttdo, P.C„ 114 South Second Street at Har isburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Anthony S, Potter, E~~;re Name 114 North Second Street Address: Harrisburg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # 75903 Defendant Attorney For: BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) ATTACHMENT "A" Definitions The terms "you", "your", "Pa.DOT Field Office" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Pennsylvania Department of Transportation ("Pa.DOT") and Pa.DOT Cumberland County Field Office as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, includirig all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. HB:50560v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED I . Any and all documents contained within your highway occupancy file(s) including but not limited to Permit No. 08011564 and 08039780 pertaining to the construction and development of the Waterford Square Project. 2. Any and all correspondence, documents, memoranda or supporting documents relating to all permits for the Waterford Square project. 3. Any and all regulations, codes, specifications, guidelines or other governmental regulatory enactments which were used to review the applications for highway occupancy permits. 4. Any and all laws, regulations, codes or other govermmental regulatory enactments including but not limited to the 408 Specifications from 1989 through 2000 used and/or obtained pertaining to the development of Waterford Square. 5. Copies of pictures and/or replicas of models which were constructed relating to the Waterford Square project. 6. All engineering reports, traffic studies or other such documents pertaining to the Project. 7. Any and all documents or drawings depicting the Waterford Square Project. 8. Any and all reports, memoranda or other documents concerning visits or inspections by you or other agents and representatives of the Waterford square project. 9. Any and all internal memoranda, correspondence, notes of telephone calls or other such documents relating to the highway occupancy permit for the Project. 10. Any and all correspondence regarding update letters sent to you or any party involved in the development of Waterford Square. 11. Any and all meeting minutes pertaining to any meetings or hearings you were present at regarding the construction and development of the Waterford Square project. 12. Any and all documents in your possession, custody or control relating to the development of Waterford Square including but not limited to, all correspondence, contracts, reports, agreements, investigative documents, internal memoranda, e-mails, notes, briefs, research, drafts, calendars, appeals, time sheets and any other documentation relation to the Waterford Square project. 13. Your complete Project file. ' HB:50560v1 3246-10 CERTIFICATE OF SERVICE AND NOW, on June 17, 2004, Joy M. Sanderson, an employee of the law firm of Powell, Trachtman, Logan, Carrle & Lombardo, do hereby certify that I have served a true and correct copy of the within Notice oflntent to Serve Subpoenas to Produce Documents and Things, for Discovery Pursuant to Rule 4009.21 upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 By Dated: June 17. 2004 HB:50486v 13246-10 ..vn.._ CERTIFICATE OF SERVICE AND NOW, on July 29, 2004, Joy M. Sanderson, an employee of the law firm of Powell, Trachtman, Logan, Carrle & Lombardo, do hereby certify that I have served a true and correct copy of the within Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 Dated: July 29, 2004 I-IB:51146v1 3246-10 n ^~ ~,, ~- ' , ,,; {_ ~ ~ ~i , ~~;1 Q.... T~ r"'" Rl ~_ T _r' ll i ) ~~ ~•" ..r,. ''~_~ tV a (7 rn ! ~ tv ~ POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY LD. #75903 I14 NORTH SECOND STREET HARRISBURG, PA 1710] (717)238-9300 FAX: (717) 235-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. IATERFORD SQUARE ASSOCIATES, INC. Plaintiff, v. L EDWARD BLACK AND ASSOCIATES, .C. Defendant. THE COURT OF COMMON PLEAS AND COUNTY, VANIA 2001-04431 CERTIFICATE FOR SERVICE OF SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 H. Edward Black and Associates, P.C., by and through its attorneys and pursuant to Rule 4009.22 of the Pennsylvania Rules of Civil Procedure, hereby certifies as follows: A notice of intent to serve subpoenas was mailed to counsel for Waterford Square Associates, Inc. more than twenty days before the date of this certificate. The proposed subpoenas were to be served upon Silver Spring Township, Pennoni Associates, Inc., the Pennsylvania Department of Transportation, Miller-Warner Construction Co., Inc., Hamilton Properties, Mumper Construction, and Fine Line Homes, Inc. 2. A notice of intent to serve a subpoena upon Dawood Engineering, Inc. was mailed to counsel for Waterford Square Associates fourteen (14) days before the date of this certificate. 3. Although counsel for Waterford Square Associates, Inc. initially objected to four of the proposed subpoenas, counsel has withdrawn all objections and authorized the service of all subpoenas. HB:51961v1 3246-10 4. Copies of the notices of intent to serve the subpoenas are attached to this certificate. The subpoenas being served are identical to the subpoenas that were attached to the notices of intent. WHEREFORE, the procedure for service prescribed by the Pennsylvania Rules of Civil Procedure has been satisfied, and the proposed subpoenas will be served. POWELL, TRACHTMAN, LOGAN, ~AR~L~~E &~LO/MBA/~RDO, P,C. By i'a /1 Anthony S. Potter PA Attorney Id. No. 75903 Patrick S. Cawley PA Attorney Id. No. 85575 114 North Second Street Harrisburg, PA 17101 (717)238-9300 Date: November 2, 2004 HB:51961v1 3246-10 POWELL, TRACHTMAN, LOGAN, CARALE & LOMBARDQ, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY I.D. #75903 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717)238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. IATERFORD SQUARE ASSOCIATES, INC. Plaintiff, v. L EDWARD BLACK AND ASSOCIATES, .C. Defendant. THE COURT OF COMMON PLEAS AND COUNTY, VANIA 2001-04431 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 H. Edward Black and Associates, P.C. intends to serve subpoenas identical to those attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served. POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. By '~ ~ _. Anthony S_ otter,'Esquire I.D.#75903 114 North Second Street Harrisburg, PA 17101 i (717)238-9300 Date: ~_~~'~~L, y HB:50486v1 3246-10 COMMONWEALTH OF PENNSYLVPNIA COUNTY OF CUMBERLAND ?+Taterfoxd Square Associates, Inc,, Plaintiff ; v. H. Fc1aTarc1 Black and Associates, P.C. Defendant File No. 2001-04431 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Silver Spring Township, Township Manager, 6475 Carlisle Pike, Mechanicsburg, PA TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached Addendum. T~owell, Trachtman, Logan C~rrle & Lombardo, P.C. 114 South Second Street, Harrisburg, PA at 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name ~~~ S • Potter, E~,~ re Address: 114 North Second Street Harrisburg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # 75903 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) 17055 ATTACHMENT "A" Definitions The terms "you", "your", "Township" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Silver Spring Township as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. i- HB:50545v1 3246-10 DOCUMENTS AND THINGS.TO BE PRODUCED 1. Any and all documents in your possession, custody or control relating to the development of Waterford Square, including all correspondence, contracts, reports, agreements, investigative documents, internal memoranda, e-mails, notes, briefs, research, drafts, calendars, appeals, time sheets, and documents relating to the development of all Phases of Waterford Square. 2. Any and all documents which refer to, or relate to the development of any of the phases of the Waterford Square Project. 3. Any and all documents and file contents in your possession relating to the Waterford Square Project. 4. Any and all documents which refer or relate to any applications for approvals, renewals or any permits for the Waterford Square Project. 5. Any and all reports, memoranda, analyses, decisions or other such documents prepared by the Township in denying or approving plans, applications or permits for the Waterford Square Project. 6. Any and all documents used by the Township to assist in rendering a decision in the denial or approval of applications for obtaining zoning and subdivision land development approval and permits for the Waterford Square development. 7. Any and all documents, notes, transcripts, correspondence, meeting minutes, memoranda, research, reports, exhibits, testimony presented and/or used during any hearings held before the Township's Board of Supervisors pertaining the development of Waterford Square project. 8. Any and all agreements between any party/company and the Township concerning services for the development of the Waterford Square project. 9. Any and all laws, regulations, codes, ordinances or other regulatory enactments or plans for development of the Waterford Square Project. 10. Any and all documents, correspondence, notes, transcripts, meeting minutes, applications, memorandum, research, reports, exhibits, decisions, analyses or other such documents from the Curberland County Planning Commission, PennDot or the Cumberland County Conservation District pertaining to the proposed development of the Waterford Square Project. ~- H6:50545v1 3246-10 11. Any and all documents used by the Township to assist in rendering a decision in the granting of application(s) for obtaining zoning and subdivision land development approval and permits for the development Waterford Square. 12. Any and all preliminary plans or final plans relating to the Waterford Square Project. 13. Any and all memoranda, reports or correspondence relating to the development of Waterford Square from the Township's engineer. 14. Any and all documents, reports, comments, memoranda or other such documents relating to storm water management plan for the Project. 15. Any and all engineering reports or other studies on the Project including but not limited to Traffic Impact Studies. 16. Any and all meeting minutes relating to the Project. 17. Any and all meeting minutes, decisions, adjudications, notes of testimony or other such documents pertaining to the Project. 1- HB:50545v1 3246-10 ,« , COMMONAMEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANC FVatefozrl Square Associar~ea, Inc.. Plairiti-~f v. H: Ed~rd Black and Associates, P,C„ Defendant File No. 2001-04431 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennoni Associates, Inc„ 704 Lisburn Road, Camp-Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached. Addendum, ?-~owe.L1, Trachtrnan, Logan, Carne & i~nparao, P.c:,, 114 SOLIt[1 SeCOri[l Street at Harrisbui~, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Anthony S, Potter, Esquire. Name Address: 114 NortYi Second Street Iinrrisburg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # 75903 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) ATTACHMENT "A" Definitions The terms "you", "your", "Pennoni" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Pennoni Associates, Incorporated as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in.draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not auailable) and all non-identical copies (whether different from the original because of notes made on Ur attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edwazd Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. H6:50559v1 3246-10 ~. DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all documents in your possession, custody or control relating to the development of Waterford Square, including all correspondence, contracts, reports, agreements, investigative documents, internal memoranda, e-mails, notes, briefs, research, drafts, calendars, appeals, time sheets relating to the Waterford Square Project and Pennoni's review of the Project. 2. Any and all documents which refer to, or relate to the development of Waterford Square Project. 3. Any and all documents which refer or relate to Waterford's application for the preliminary plan approval or final plan approval for any phase pertaining to the Project. 4. Any and all reports, decisions, analyses or other such documents prepazed by Pennoni during its review of the Project. 5. Any and all documents used by Pennoni to assist in making recommendations including but not limited to recommendations regazding applications for obtaining zoning and subdivision land development, permit applications, applications for preliminary plan and final subdivision plan approvals pertaining the Project. 6. Any and all documents, notes, transcripts, correspondence, meeting minutes, memorandum, research, reports, exhibits, testimony presented and/or used during the any hearings held pertaining to the development of Waterford Square. 7. Any and all ordinances, laws, regulations, or other regulatory enactments used to review the applications, and plans for approval on the Project. 8. Any and all agreements between Pennoni and Silver Spring Township concerning Pennoni's services for the Project. 9. Any and all documents, correspondence, notes, reviews, comments, studies, transcripts, meeting minutes, memorandum, research, reports, exhibits, decisions, analyses or other such documents in your possession pertaining the development of Waterford Square 10. A complete copy of your Project file. H6:50559v1 3246-10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND F4ateford Square Associates, Inc., Plaintiff v. H:. Ed~zl Black and Associ:rates, P:C„ Defendant File No. 2001-04431 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PUFiSUANTTO RULE 4009.22 PennDOt District 8-0 Office, 21st & Herr Streets, Harrisburg, PA 17103 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached ??ctaell, Trachtrnan, 7lagan, Carrle & I;orttbaizlo, P.C., 114 South Second Street at Harrisburg, PA 17101. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Anthony S, Potter, Esquize Name 114 North Second Street Address: Harrisburg, PA 1'1101 Telephone: (717) 238--9300 Supreme Court ID # Attorney For: 75903 DefendtuZt BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) ATTACHMENT "A" Definitions The terms "you", "your", "Pa.DOT" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Pennsylvania Department of Transportation ("Pa.DOT") and Pa.DOT District 8-0 Office as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. H8:50561 v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all documents contained within your highway occupancy file(s) including but not limited to Permit No. 08011564 and 08039780 pertaining to the construction and development of the Waterford Square Project. 2. Any and all correspondence, documents, memoranda or supporting documents relating to all permits for the Waterford Squaze project. 3. Any and all regulations, codes, specifications, guidelines or other govenunental regulatory enactments which were used to review the applications for highway occupancy permits. 4. Any and all laws, regulations, codes or other governmental regulatory enactments including but not limited to the 408 Specifications from 1989 through 2000 used and/or obtained pertaining to the development of Waterford Square. 5. Copies of pictures and/or replicas of models which were constructed relating to the Waterford Square project. 6. All engineering reports, traffic studies or other such documents pertaining to the Project. Any and all documents or drawings depicting the Waterford Square Project. 8. Any and all reports, memoranda or other docmnents concerning visits or inspections by you or other agents and representatives of the Waterford square project. 9. Any and all internal memoranda, correspondence, notes of telephone calls or other such documents relating to the highway occupancy permit for the Project. 10. Any and all correspondence regarding update letters sent to you or any party involved in the development of Waterford Square. 11. Any and all meeting minutes pertaining to any meetings or hearings you were present at regarding the construction and development of the Waterford Square project. 12. Any and all documents in your possession, custody or control relating to the development of Waterford Square including but not limited to, all correspondence, contracts, reports, agreements, investigafive documents, internal memoranda, e-mails, notes, briefs, HB:50561 v1 3246-10 research, drafts, calendars, appeals, time sheets and any other documentation relation to the Waterford Square project. 13. Your complete Project file. HB:50561v1 3246-10 COMMONWEALTH OF PENNSYLVAN_ IA COUNTY OF CUMBERLAND PTateforrl Square Associates, Inc,, Plaintiff v. H. Edward Black and Associates, P:C „ Defendant File No. 2001-04431 SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PennDOt Cumberland County Field Office, 540 W, North Street, Carlisle, PA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached , P.C.r at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OFTHE FOLLOWING PERSON: Anthony S, Potter, Esquire Name 114 North Second Street Address: Harrisburg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # Attorney For: 75903 Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) ATTACHMENT "A" Definitions 1. The terms "you", "your", "Pa.DOT Field Office" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Pennsylvania Department of Transportation ("Pa.DOT") and Pa.DOT Cumberland County Field Office as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summazies, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. 3. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. H6:50560v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all documents contained within your highway occupancy file(s) including but not limited to Permit No. 08011564 and 08039780 pertaining to the construction and development of the Waterford Square Project. 2. Any and all correspondence, documents, memoranda or supporting documents relating to all permits for the Waterford Square project. 3. Any and all regulations, codes, specifications, guidelines or other governmental regulatory enactments which were used to review the applications for highway occupancy permits. 4. Any and all laws, regulations, codes or other goverunental regulatory enactments including but not Iimited to the 408 Specifications from 1989 through 2000 used and/or obtained pertaining to the development of Waterford Square. 5. Copies of pictures and/or replicas of models which were constructed relating to the Waterford Square project. 6. All engineering reports, traffic studies or other such documents pertaining to the Project. Any and all documents or drawings depicting the Waterford Square Project. 8. Any and all reports, memoranda or other documents concerning visits or inspections by you or other agents and representatives of the Waterford square project. 9. Any and all internal memoranda, correspondence, notes of telephone calls or other such documents relating to the highway occupancy permit for the Project. 10. Any and all correspondence regarding update letters sent to you or any party involved in the development of Waterford Square. 11. Any and all meeting minutes pertaining to any meetings or hearings you were present at regarding the construction and development of the Waterford Square project. 12. Any and all documents in your possession, custody or control relating to the development of Waterford Square including but not limited to, all correspondence, contracts, reports, agreements, investigative documents, internal memoranda, e-mails, notes, briefs, research, drafts, calendars, appeals, time sheets and any other documentation relation to the Waterford Square project. 13. Your complete Project file. HB:50560v1 3246-10 wOMMONWEALTH OF PENNSYLVP COUNTY OF CUMBERLAND G^daterford Square Associates, Inc „ Plaintiff v. File No. 2001-04431 H. Edward Black and Associates, P,C „ . DefendantSUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:~_ ~ek'rrFr,••. r'B$£+' tilet~on 6'9--~ ~F36'--~ ~6~ $~ln Trc~~g_or~~xe7 7amm~cto~'-~ P~ (Name of Person or Entity) 17 603 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached Addendum, Powell, Trachtman, Logan, Carrle & I~anba~do, P,C., 114. South Second Street at --B~r~sPA 171&1 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Anthony S. Potter, Esquire Address: 114 North Second Street HarrisUurg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # 75903 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) ATTACHMENT "A" Defmitions The terms "you", "your", "Miller-Warner" or other reference to anyone to whomthis Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Miller-Warner Construction Company, Inc. as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft. or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diazies, statements, questionnaires, schedules, computer programs or data, books of account, calendazs, graphs, charts, transcripts, tapes, transcripts or recordings: photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Squaze. a- HB:50470v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. Miller-Warner's working copies of the plans and specifications utilized to construct the Project, including shop drawings and all addenda, changes, amendments and/or modifications to any such documents. 2. Miller-Warner's Estimate Summary sheet and all estimates and take-offs (and all backup documents relating thereto) for the furnishing of labor, material or services, whether prepared by Miller-Warner or furnished to a third party, relating to the construction of the Project. 3. All ofMiller-Warner's financial records reflecting receipts, disbursements, credits and all other financial transactions including all sources of original entry on the Project. 4. All documents which comprise the contract between Miller-Warner and any other entity involved in the Project including but not limited to all documents which reference or are related to any identified contract. 5. Any and all copies of audit reports ofMiller-Warner's fmancial or cost control data on the Project. 6. Any and all correspondence sent or received by, or copies to, Miller-Warner relating to the Project including, but not limited to, correspondence with Waterford, Inc., its lender(s), Edward Black, subcontractors, material suppliers, Engineers, insurance carriers, bonding companies and others. 7. Any and all memoranda and notes, including memoranda or notes of telephone conversations, relating to the compilation or preparation of estimates, or construction of the Project. 8. Any and all Miller-Warner's periodic payment requests with itemized break-down of amount and all back-up files for the same for the Project. 9. Any and all progress schedules, including but not limited to bar charts or network diagrams, updatings, and accompanying narrative reports for the Project. 10. Any and all daily logs/reports by job superintendents, project managers, clerk-of- the-works or other employees of Miller-Warner, relating to construction of the project. 11. Any and all construction progress photos including but not limited to time-motion or other films prepared, commissioned, or in the possession ofMiller-Warner. 1- H8:50470v1 3246-10 12. Any and all documents reflecting equipment type, equipment hours, and dollar amounts charged to the Project by Miller-Warner. 13. Any and all documents reflecting all general conditions or project overhead charged to the Project by Miller-Warner. 14. Any and all procurement records for major items and long lead items ordered for the Project by Miller-Warner and its subcontractors. 15. Copies of any and all performance bonds and/or insurance policies procured by Miller-Warner or any of its subcontractors for the Project. 16. Any and all damage documents generated which in any way document any additional costs incurred by Miller-Warner in connection with the Project. 17. Any and all correspondence, memorandum or lists of errors, omissions, or discrepancies contained in the plans and specifications for the subject Project. 18. Copies, pictures and/or replicas of models which were constructed relating to the Project. 19. Any and all documents relating to cost proposals or estimates for work pertaining the detention basin on the Project. 20. All reports or surveys of the Project site, whether developed or performed by Miller-Warner or by any firm or person on their behalf and all correspondence, memoranda or other documents which refer or relate to surveys of the Project site. 21. Any and all documents, correspondence, notes, transcripts, meeting minutes, memorandum, research, reports, exhibits, analyses or other such documents in your possession pertaining the Project. 22. A complete copy of your Project file. 1- HB:50470v1 3246-10 ATTACHMENT "A" Definitions The terms "you", "your", "Hamilton" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Hamilton Properties as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. i- HB:50542v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED I , Any and all copies of plans and specifications, including shop drawings and all addenda, changes, amendments and/or modifications to any such documents for the Project. 2, All of Hamilton's financial records reflecting receipts, disbursements, credits and all other financial transactions including all sources of original entry for the Project. 3, All documents which comprise the contract between Hamilton and any other entity involved in the Project including but not limited to all documents which reference or are related to any identified contract. 4. Any and all copies of audit reports of Hamilton's fmancial or cost control data pertaining to the Project. 5. Any and all correspondence sent, received, or copies sent to, Hamilton relating to the Project including, but not limited to, correspondence with Waterford Inc., its lender, Edward Black, subcontractors, material suppliers, architects, insurance carriers, bonding companies and others. 6. Any and all memoranda and notes, including notes of telephone conversations, relating to the compilation or preparation of estimates, or construction of the Project. Any and all correspondence from Silver Spring Township relating to the Project. 8. Any and all schedules, including but not limited to bar charts or network diagrams, updatings, and accompanying narrative reports for the Project. 9. Any and all daily logs/reports by job superintendents, project managers, clerk-of- the-works or other employees of Hamilton, relating to construction of the Project. 10. Any and all construction progress photos including but not limited to time-motion or other films prepared, commissioned, or in the possession of Hamilton. 11. Any and all documents including bills or invoices relating to the Project. 12. Any and all procurement records for the Project. 13. Any and all damage documents generated which in any way document any damages sustained by Waterford Inc. in connection with the Project. 14. Any and all lists of errors, omissions, or discrepancies contained in the plans and specifications for the subject Project which were generated. ~- H6:50542v1 3246-10 COMMONMpEAI_TH OF FENNSYI_VAMIA COUNTY OF CUMBERLAND PJateforrl Square Associates, znc,, • Plaintit;f ; v. H.;. Edward Black and Associates., P.C„ Defendant File No. 2001-04431 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Zutttper Construction, Jim Murtg~er, 1 Bull Run Court, Mechanicsburg, PA 17055 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached at , P.C. r (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Anthony S , Potter, Ems,; ra Name Address: 114 North Secpnd Street Harris~irg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # Attorney For: 75903 Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) ATTACHMENT "A" Defmitions The terms "you", "your", "Mumper" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Mumper Construction as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. 3. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the Project" shall mean the design and construction of Waterford Square. i- HB:50544v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all working copies of the plans and specifications utilized to construct the Project, including shop drawings and all addenda, changes, amendments and/or modifications to any such documents. 2. Any and all Estimate Summary sheets and all estimates and take-offs (and all backup documents relating thereto) for the furnishing of labor, material or services, whether prepared by Mumper or famished by a third party, relating to the construction of the Project. 3. All of Mumper's financial records reflecting receipts, disbursements, credits and all other financial transactions including all sources of original entry for the Project. 4. All documents which comprise the contract between Mumper and any other entity involved in the Project including but not limited to all documents which reference or are related to any identified contract. 5. Any and all audit reports of Mumper's financial or cost control data for the Project. 6. Any and all correspondence sent or received by, or copies to, Mumper relating to the Project including, but not limited to, correspondence with lenders, Edward Black, subcontractors, material suppliers, engineers, insurance carriers, bonding companies and others. 7. Any and all memoranda and notes, including memoranda or notes of telephone conversations, relating to the Project. 8. Any and all periodic payment requests with itemized break-down of amount and all back-up files for the same for the Project. 9. Any and all schedules, including but not limited to bar charts or network diagrams, updatings, and accompanying narrative reports. 10. Any and all daily logs/reports by job superintendents, project managers, clerk-of- the-works or other employees of Mumper, relating to the constmction of the Project. 11. Any and all construction progress photos including but not limited to time-motion or other films prepared, commissioned, or in the possession of Mumper. 12. Any and all documents reflecting equipment type, equipment hours, and dollar amounts charged to the Project by Mumper. i- HB:50544v1 3246-10 13. Any and all documents reflecting all general conditions or project overhead charged to the Project by Mumper. 14. Any and all procurement records for major items and long lead items ordered for the Project by Mumper and its subcontractors. 15. Copies of any and all performance bonds and/or insurance policies procured by Mumper or any of its subcontractors for the Project. 16. Any and all damage documents generated which in any way document alleged damages sustained by Mumper in connection with the Project. 17. Any and all lists of errors, omissions, or discrepancies contained in the plans and specifications for the subject Project which were generated. 18. All laws, regulations, codes, ordinances or other governmental or regulatory enactments in your possession which were required or used to construct the Project. 19. Copies, pictures and/or replicas of models which were constructed relating to the Project. 20. All reports or surveys of the Project site, whether developed or performed by Mumper or by any firm or person on their behalf and all correspondence, memoranda or other documents which refer or relate to surveys of the Project site. 21. Any and all documents, correspondence, notes, transcripts, meeting minutes, memorandum, research, reports, exhibits, decisions, analyses or other such documents in your possession pertaining the development of the Project. 22. A complete copy of your Project file including but note limited to investigative documents, internal memoranda, change orders, e-mails, notes, briefs, research, drafts, calendar, appeals, time sheets and any other documents relating to the Project not previously mentioned. 1- HB:50544v1 3246-10 COMMONWEALTH OF PENNSYI_NANIA . COUNTY OF CUMBERLAND FVateford Square Associates, Inc,, ' Plaintiff v, H.-.- Edu,*ard Black and Associ:~tes, P:C„ Defendant File No. 2001-04431 SUFFBPOENATO ~PRODU,CE DONNCTTU~MpEpNTS QRTHI2N2G,S Hartman & Associates, I~~ ~Ii~Z:ine H~sA 75 Ut1~~5ri~,'3uite 102 Camp Hill, PA 17011 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached , P,C., at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Anthony S, Potter, Esquire. Name Address: 114 North Second Street Harrisburg, PA 17101 Telephone: (717) 238-9300 Supreme Court ID # Attorney For: 75903 Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) ATTACHMENT "A" Defmitions The terms "you", "your", "Fine Line" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Fine Line Homes, Inc. as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summazies, digests, fmancial statements, and all other information or data, records or compilations, including all underlying supporting or prepazatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. 3. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. The term "the Project" shall mean the design and construction of Waterford Square. HB:50562v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. All working copies of plans and specifications utilized to construct the Waterford Squaze Project, including but note limited to shop drawings and all addenda, changes, amendments and/or modifications to any such documents. 2. Any and all estimate summary sheets and all estimates and take-offs (and all back-up documents relating thereto) for the furnishing of labor, material or services whether prepared by or furnished to Waterford Squaze Associates or to any third party, relating to the construction of the Waterford Squaze Project. 3. All financial records reflecting receipts, disbursements, credits and all other financial transactions including all sources of original entry. 4. All invoices for labor, material, services, rental expenses or other items furnished by third parties and invoiced to you for the construction of the Waterford Square Project. 5. All back-up files or supporting documents for all change orders requested, approved and/or disputed for the Waterford Squaze Project including, but not limited to, notice letters, memoranda, or statements, estimates of the value of the work changed, including letters, materials and equipment take-offs, and any schedule analysis of the impact of the work changed. 6. Any and all periodic cost reports and all other costs reports kept by you regarding the Waterford Square Project. 7. All contractual agreements (or, in the absence of formal agreement, copies of correspondence) or other documents reflecting informal agreements between you and all subcontractors and material suppliers or any other third parties involved in the development of the Waterford Square Project. 8. All documents which comprise the contract between you and any other contractors, subcontractors or third parties including all documents which reference or are related to the contract pertaining to the development of the Waterford Square Project. 9. Copies of all audit reports, your financial or cost control data for the Project. 10. All of your payroll records reflecting the identity, 6me and compensation of employees assigned to work on the Waterford Square Project. 11. All correspondence sent or received by you relating to the Waterford Square Project. H6:50562v1 3246-10 12. All of your periodic payment requests for itemized breakdowns of amounts and all back-up files for the same pertaining to the Waterford Square Project. 13. All progress schedules, including bar charts or network diagrams, updatings and accompanying narrative reports pertaining to the Waterford Square Project. 14. All minutes, memoranda or notes of pre-bid and periodic construction meetings held during the course of the construction whether published, circulated or maintained personally by you or any personnel or agent pertaining to the Waterford Square Project. 15. All daily reports and/or jobs by job superintendents, Project managers, clerk of the works or other employees or personnel relating to the construction and development of the Waterford Square Project. 16. All construction progress photos including time, motion or other films prepazed, commissioned, or in your possession pertaining the development of Waterford Square. 17. Any and all reports you received or received from any other consultant retained by you or your personnel relating to any of the claims being made pertaining to the delay of time in the development of Waterford Square. 18. All documents reflecting equipment type, equipment hours, and dollar amounts charged by you to the Project of Waterford Square. 19. Documents reflecting all general conditions or project overhead charged to the Project by you pertaining the Waterford Square development. 20. Procurement records for major items and long lead items ordered for the Project by you and your subcontractors regarding the Waterford Square development. 21. Copies of any and all performance bonds and/or insurance policies procured by you or any of your subcontractors for the Waterford Square Project. 22. Time sheets generated by any employees or agents working on your behalf on the Waterford square Project. 23. Any and all damage documents generated by any party used in the development of the Waterford Square Project currently in your possession in connection with the Project of the Waterford Square development. 24. Any and all lists of errors, omissions, or discrepancies contained in the plans and specifications for the subject property which were generated. HB:50562v1 3246-10 25. All laws, regulations, codes and other governmental or regulatory enactments relied upon or referred to by you the Waterford Square Project. 27. All documents, schedules, logs or other similar items, including summaries thereof, containing any information with regard to the removal of any obstacles or any unusual conditions on the Waterford Square Project site. 28. All reports or surveys of the Project site whether developed or performed by you or by any other firm or person on your behalf and all correspondence, memoranda or other documents which refer or relate to surveys of the Waterford Square Project site. 29. All memoranda, reports, charts, notes, working papers, or other documents and summaries thereof pertaining to any and all delays claimed by any party to the development of the Waterford Square Project in the performance its contractual obligations with regard to the subject Project. 30. All documents or drawings depicting or purporting to depict "as-built" conditions for the Waterford Square Project. 31. All reports, memoranda, or other documents concerning visits or inspections by any individual to the Waterford Project site. 32. All documents purporting to be certifications of substantial or final completion. 33. All comparisons, summaries, tabulations, and analysis comparing costs actually incurred on the Project with costs originally anticipated for such work on the Waterford Square Project. 34. All documents concerning quality control procedures, supervision, coordination, orders, opinions by any other party involved in the.development of Waterford Square. 35. A complete copy of your Project file including but not limited to investigative documents, internal memoranda, change orders, e-mails, notes, briefs, research, drafts, calendar, appeals, time sheets and any other documents relating to the Project not previously mentioned. H8:50562v1 3246-10 CERTIFICATE OF SERVICE AND NOW, on June 17, 2004, Joy M. Sanderson, an employee of the law firm of Powell, Trachtman, Logan, Carrle & Lombardo, do hereby certify that I have served a true and correct copy of the within Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 By Dated: June 17, 2004 HB:50486v1 3246-10 MICHABL G. TRACH3MAN PA[ILA L06AN'°D GUN7NRRO. CAANF" HRHfED.I.tlMRARDO 1.nwR~rcRA BORDA• 70SFP1[P. TNAROCCO, Blo Neap. CLAW.JR• 70NATHANK HOILM DAVm T. BOLCBR AIGIARD I. J1AYaS'O DAVR) W. FRANGB• KSVMH. WATSONo SIBVBN G. HARD9WY• S'IHPI@N D. McNARR• PRANGS G.4AR000A HRPHHC. CLARR" FRANKS. N01+me" AN'1'110NY S. POTIeR' GRORDQ T. FBYNOIDS" MARY I.P®~S@I• SRAM G. DOPPT' FRRO>vuGCM. BReHM• JAMPB S.BARABRmoe" KeILYH. DEGmR' RRVRIK CARTON, ]R• DmRM. SAIPSON. LL.M. (TAXATIOt9• PATRICK S.. CART.LW CIRURIY)P)6R S. RGLIBR GPeGORV I. STAR" 'AL80 A-M(IT'EDINW •AL80ADMPF'IRU RJMD DALSOpnl~neorNne oALSO AUMITI&1 W NY LAw OFFICES LOGAN POWELL TRACHTMAN H , , , RA18 H.POWm1„JA CAxRLI: ~ IAMBARDO MALCOLMB.JACORSGN RIQIARU T. ABRLL APROPBSSIONALCORPORAT[ON RIGURD L. BllSH DAVm MDO10" KIRTHA BLACK 114 NORTH SHCOND $TRHBI' HARRtsBORC, PA 1T101 47s ALL~ALe RGAD SUIT820G 17 238 9300 7 RING OF PROeBIA,PA 19406 - ( ~ (610)3549700 PACHPIILH (71z)238-9325 FAX (610)3549760 PGW LEY@POwBLL7~RACHTMAN.COM WWW.POWHLLR1iACHTMAN.COM SG'J8304 1814 EASTRO[D870 CNGUiYHaL, NJ 08003 (856)663-0021 October 18, 2004 FAX (856) 663-1590 PLEASE RHPLYTO: HARRISHURO Ronald H. Pollock, Jr. Esq. Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 Re: Waterford Square Associates, Inc. v. H. Edward Black & Associates. P.C. No. 2001-04431 (CCP Cumberland County) Dear Mr. Pollock: Please find enclosed a Notice of Intent to Serve a Subpoena upon Dawood Engineering; Inc. As the Notice explains, you may file and serve objections to the proposed subpoena within twenty days. If, however, you are willing to waive this twenty-day period, please reply to this letter indicating your waiver. Sincerely, ~~~ Patrick S. Cawley PSC:mak Enclosure HB:SISOlv13246-10 POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY LD. #75903 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717)238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. ATERFORD SQUARE ASSOCIATES, INC. Plaintiff, v. THE COURT OF COMMON PLEAS AND COUNTY, VANIA 2001-04431 . EDWARD BLACK AND ASSOCIATES, .C. Defendant. NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 H. Edward Black and Associates, P.C. intends to serve a subpoena identical to the copy attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: October 28, 2004 POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. By Anthony S. Potter, Esquire I.D.#75903 114 North Second Street Harrisburg, PA 17101 (717)238-9300 HB:51798v1 3246-10 f;OMMONWEALTH OF PENNSYLVAN?Q ' COUNTY OF CUMBERLAND tVateford Square Associates, .Inc., P]ait~rtiinf . v. H::rd-Black .and Assoei:ates, ~;C;, Det?endant File No. 2001-04431 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TODa wood i~ganeesing, Inc,, P:O. Box-246., 2040 Good Hope.I~ad.,-Er~o1a,._PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: S~ Attached Addendum.' ,'P:C., at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Antlwxiy S , Potter, Esc~tlix-e.: Name 114 North-.Second Street- Address: Harrisburg, PA 17101 1ZD25 -- - Telephone: (717). 238-9300 Supreme Court ID # 75903 Attorney For: Deiwendant BY THE COURT: Prothonotary/Clerk, Civil Division pate: Seal of the Court Deputy (Eff.7/97) . , ATTACHMENT "A" i- Definitions The terms "you," "your," "Dawood," or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Dawood Engineering, Inc. as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of ~. notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes,, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilafions, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. 3. The term "Waterford, Inc" shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. HB:51800v1 3246-10 DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all documents pertaining to storm water plans designed by Dawood for Waterford Square. 2. All correspondence in the possession of Dawood pertaining to Waterford, Inc., Waterford Square, or Edward Black. 3. Any and all memoranda and notes, including notes of telephone conversations, relating to the Project, Waterford, Inc., Waterford Square, or Edward Black. 4. Any and all correspondence to or from Silver Spring Township relating to the Project. 5. Any and all schedules, including but not limited to bar charts or network diagrams, updatings, and accompanying narrative reports for the Project. 6. Any and all daily logs or reports by job superintendents, project managers, clerk- of-the-works or other employees of Dawood, relating to construction of the Project. 7. Any and all documents including bills or invoices relating to the Project. 8. Any and all procurement records for the Project. 9. Any and all documents that in any way reflect damages or losses sustained by Waterford Inc. in connection with the Project. 10. Any and all lists of errors, omissions, or discrepancies contained in the plans and specifications for the subject Project. 11. Copies, pictures, or replicas of models which were prepared relating to the Project. 12. Any and all documents, correspondence, notes, memoranda or other such documents relating to funds provided by Dawood or Waterford, Inc. to the Township Sewer Authority. 13. Any and all documents, correspondence, notes, transcripts, meeting minutes, memoranda, research, reports, exhibits, decisions, or analyses in your possession pertaining to the development of the Project. HB:51800v1 3246-10 CERTIFICATE OF SERVICE AND IOW, on October 28, 2004, Patrick S. Cawley, an employee of the law firm of Powell, Trachtman, Logan, Carrle & Lombardo, does hereby certify that a true and correct copy of the within Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 has been served upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 By Patrick S. Cawley Date: October 28, 2004 HB:51798v1 3246.10 POWELL, TRACFITMAN, LOGAN, CARRLE & LOMBARDQ, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY I.D. #75903 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717)238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. ATERFORD SQUARE ASSOCIATES, INC. ~ THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff, ENNSYLVANIA v. 2001-04431 L EDWARD BLACK AND ASSOCIATES, .C. Defendant. CERTIFICATE OF SERVICE I, Patrick S. Cawley, an employee of the law firm of Powell, Trachtman, Logan, Carrle & Lombardo, hereby certify that on November 2, 2004 a true and correct copy of the within Certificate for Service of Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 has been served upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 By ~~ ~• Patrick S. Cawley HB:51961v1 3246-10 ~ I^J c:: 'TI ._. Y:, '~ ' 4 :.. t '1~ ~~~ - J ~ , L,} ~ s O -r'it hT ~ f ,,Y; 7:~i ~,_ t j ~' L~' i •C POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDQ, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY I.D. #75903 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717)238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. ATERFORD SQUARE ASSOCIATES, INC Plaintiff, v. L EDWARD BLACK AND ASSOCIATES, .C. Defendant. THE COURT OF COMMON PLEAS AND COUNTY, VANIA 2001-04431 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant H. Edward Black and Associates, P.C. certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and HB:52817v1 3246-10 (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. y B-~- Anthony S. otter PA Atto ey Id. No. 75903 Patrick S. Cawley PA Attorney Id. No. 85575 114 North Second Street Harrisburg, PA 17101 (717)238-9300 Date: February 4, 2005 HB:52817v1 3246-10 POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY LD. #75903 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717)238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. $DWARD BLACK AND ASSOCIATES, BC. IATERFORD SQUARE ASSOCIATES, INC. Plaintiff, v. [. EDWARD BLACK AND ASSOCIATES, .C. Defendant. THE COURT OF COMMON PLEAS rIviBERLAND COUNTY, NNSYLVANIA 2001-04431 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 H. Edward Black and Associates, P.C. intends to serve a subpoena identical to the one attached to this nofice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena maybe served. POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. By Anthony S. tter, Esquire I.D.#759 114 North Second Street Harrisburg, PA 17101 ~I /i/G~ (717) 238-9300 Date: 7 , HB:52523v1 3246-10 ~bMMONWEALTH OF PENNSYLVANI„ COUNTY OF CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Grove Miller, 5600 Derry Street, Harrisburg, PA 17111 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attachment "A" at 114 North Second. Street, 5th Floor, Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena; together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name 'Anthony 5. Potter Powell, Trachtman, Logan, Carr e & Lombardo, PC Address: 114 North.Secpnd Street Harrisburg, PA -17101 Telephone: (717) 238-9300 Supreme Court ID # 75903 Waterford Square Associates, Tnc, v. File No. 2001-04431 H. Edward Black-and Associates, P.C, , Attorney For: Defendants Date BY THE COURT: Prothonotary/Clerk, Civil Division Deputy Seal of the Court (Eff.7f97) _,:~~ ATTACHMENT "A" Defmitions The terms "you", "your", "Grove Miller" or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Grove Miller Engineering, Inc. as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc: 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Square" shall mean the subdivision of a tract of land located in Silver Spring Township, C~rnberland County, PA known as the Waterford Square Development which has the prelimin<uy plan approvals identified as 89-23P and 90-21P. 6. The term "the project" shall mean the design and construction of Waterford Square. HB:50556v1 3246-10 i DOCUMENTS AND THINGS TO BE PRODUCED 1. All contractual agreements, written, formal or oral agreements, or other documents reflecting agreements between you and any party relating to the development of the Waterford Square Project. 2. All contractual agreements or other documents reflecting informal agreements between any party involved in the development of Waterford Square Project. 3. All correspondence sent or received by Grove-Miller relating to the Project, including but not limited to correspondence. 4. Any and all engineering reports, traffic studies or other such documents relating to the Protect. 5. Any and all memoranda or notes of telephone conversations pertaining the Project. 6. All minutes of meetings, memoranda or notes from meetings held during the course of the Proj ect. 7. All photographs obtained andlor used during the compilation of traffic studies of engineering reports relating to the Project. 8. All daily reports, notes and logs obtained and/or used in the compilation of the traffic study reports pertaining to the Waterford Square Project. 9. Any and all reports you produced relating to traffic studies pertaining the Project. 10. All documents used to complete the traffic study report(s) in connection to the Waterford Square Project. 11. Any and all reports from consultants and/or other employees used in the preparation of the traffic study report(s) pertaining to the Project. 12. Any and all documents, writings, or communications in your project file pertaining to the Project. 13. Any and all PennDot specifications, regulations, policy statements, guidelines, expert reports or text books used in the preparation of generating the traffic study report(s) pertaining to the Waterford Square project. HB:50556v1 3246-10 ~.,~~~. 14. All laws, regulations, codes and other governmental or regulatory enactments relied upon in generating the traffic engineering study report(s) for the Waterford Square Project. 15. A11 reports or surveys of the project site used or obtained including but not limited to correspondence, memoranda or other documents which was used in the completion of the traffic engineering report(s) for the Waterford project. 16. Any and all drawings, plans or sketches relating to the Project. 17. A complete copy of your Project file. HB:50556v1 3246-10 CERTIFICATE OF SERVICE AND NOW, on January 14, 2005, an employee of the law firm of Powell, Trachtman, Logan, Carrie & Lombardo, does hereby certify that I have served a true and correct copy of the within Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 Dated: 7anuary 14, 2005 FIB:52523v13246-10 CERTIFICATE OF SERVICE I, Joy M. Sanderson, an employee of the law firm of Powell, Trachtman, Logan, Carrle & Lombardo, hereby certify that on February 4, 2005 a true and correct copy of the within Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 has been served upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 HB:52817v1 3246-10 7 = ' ;. t 7 "+'S f""'.1 "~ T `i', t'~ ~ CrJ .~r. -ni:~ 'I =~J -p '; ; ,'~ _;? _,. .:. ~ _:, r n _~ -I ~•,J -` t~+ .7 c POWELL, TRACHTMAN, LOGAN, GARBLE &. LOMBARDO, P.C. ANTHONY S. POTTER, ESQUIRE ATTORNEY LD. #75903 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717)238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. ATERFORD SQUARE ASSOCIATES, INC. THE COURT OF COMMON PLEAS UMBERLAND COUNTY, Plaintiff, ENNSYLVANIA v. 0.2001-04431 . EDWARD BLACK AND ASSOCIATES, .C. Defendant. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant H. Edward Black and Associates, P.C. certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and HB:52895v1 3246-10 (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. By Anthony S. otter PA Atto y Id. No. 75903 Patrick S. Cawley PA Attorney Id. No. 85575 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: February 16, 2005 HB:52S95v1 3246-10 -) -~ POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. ANTHONY S. POTTER, ESQUIl2E ATTORNEY LD. N75903 114 NORTH SBCOND STREET HARRISBURG, PA 17101 (717)238-9300 FAX: (717) 238-9325 ATTORNEYS FOR H. EDWARD BLACK AND ASSOCIATES, P.C. WATERFORD SQUARE ASSOCIATES, INC. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff, ENNSYLVANIA v. 0.2001-04431 . EDWARD BLACK AND ASSOCIATES, .C. Defendant. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND TIIINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 H. Edward Black and Associates, P.C. intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. POWELL, TRACHTMAN, LOGAN, GARBLE & LOMBARDO, P.C. BY ~ ~ ~~ Anthony otter, Esquire I.D. #75903 114 North Second Street Harrisburg, PA 17101 (717)238-9300 Date: January 26, 2005 HB:52523v13246-.10 -s4 ~MMONWEALTH OF PENNSYLVANL~} COUNTY OF CUMBERLAND Waterford Square Associates, Inc. v. File No. 2001-04431 H. Edward. Black & Associates, P.C. SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Alpha Consulting Engineers, Inc., 145 Limekiln Rd„ TO: (Name of Person or Entity) eW um r~' , Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attachment "A" at li4 North Second Street,-5th Floor,-Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Anthony S. Potter, Esq. ow , r , , & Lombardo, PC Address: 114 North Second Street Harrisburg, PA 17.101 Telephone: (7;17) 238-9300 Supreme Court ID # 759D3 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) ~.~.~~ -~ --~ ATTACHMENT "A" Definitions 1. The terms "you", "your", "Alpha Consulting Engineers, Inc." or other reference to anyone to whom this Subpoena to produce documents or things for discovery pursuant to Rule 4009.21 is directed shall mean Grove Miller Engineering, Inc. as well as all agents, employees and representatives, unless the context requires a different construction. 2. The term "document" includes any printed, written, taped, recorded, graphic, computerized print-out, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither. It includes, but is not limited to, the original, a copy (if the original is not available) and all non-identical copies (whether different from the original because of notes made on or attached to the copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, contracts, proposals, agreements, minutes, acknowledgments, notes memoranda, analysis, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, transcripts or recordings, photographs, pictures or film, ledgers, registers, worksheets, summaries, digests, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. "Document" or "documents" specifically includes documents kept by individuals in their desks, at home or elsewhere. 3. The term "Waterford, Inc." shall mean Waterford Square Associates, Inc. 4. The term "Edward Black" shall mean H. Edward Black and Associates, P.C. 5. The term "Waterford Squaze" shall mean the subdivision of a tract of land located in Silver Spring Township, Cumberland County, PA known as the Waterford Square Development which has the preliminary plan approvals identified as 89-23P and 90-21P. 6. The teen "the project" shall mean the design and construcfion of Waterford Square. HB:50556v2 3246-70 -1 DOCUMENTS AND THINGS TO BE PRODUCED 1. All contractual agreements, written, formal or oral agreements, or other documents reflecting agreements between you and any party relating to the development of the Waterford Square Project. 2. All contractual agreements or other documents reflecting informal agreements between any party involved in the development of Waterford Square Project. 3. -All correspondence sent or received by Alpha Consulting Engineers relating to the Waterford Square Project, including but not limited to correspondence. 4. Any and alI engineering reports, storm water studies, drawings, as-built surveys and drawings, or other such documents relating to the Waterford Square Project. 5. Any and all memoranda or notes of telephone conversations pertaining the Project. 6. All minutes of meetings, memoranda or notes from meetings held during the course of the Project. All correspondence between Alpha Engineering and Waterford Square Associates. 8. All photographs obtained and/or used during the compilation of engineering studies or reports relating to the Project. 9. All daily reports, notes and logs obtained and/or used in the compilation of the engineering reports and analyses pertaining to the Waterford Square Project. 10. Any and all reports you produced relating to or pertaining to the Project. 11. All documents used to complete any studies and or report(s) in connection to the Waterford Square Project. 12. Any and all reports from consultants and/or other employees used in the preparation of the report(s) pertaining to the Project. 13. Any and all documents, writings, or communications in your project file pertaining to the Project. HB:50556v2 3246-10 ,~~~ ,, 14. Any and alI PennDot specifications, regulations, policy statements, guidelines, expert reports or text books used in the preparation of generating the studies or report(s) pertaining to the Waterford Square project. 15. All laws, regulations, codes and other governmental or regulatory enactments including stormwater ordinances relied upon in generating the engineering study or report(s) for the Waterford Square Project. 16. All reports or surveys of the project site used or obtained including but not limited to correspondence, memoranda or other documents which was used in the completion of the engineering report(s) for the Waterford project. 17. Any and all drawings, plans or sketches relating to the Project. 18. A complete copy of your Project file. N6:50556v2 3246-10 CERTIFICATE OF SERVICE AND NOW, on January 26, 2005, I hereby certify that I have served a true and correct copy of the within Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 By ~~~ Anthony ~, otter Date: January 26, 2005 HB:52523v1 3246-10 CERTIFICATE OF SERVICE I, Joy M. Sanderson, an employee of the law firm of Powell, Trachtman, Logan, Carrle & Lombardo, hereby certify that on February 16, 2005 a true and correct copy of the within Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 has been served upon the following person(s) by regular first class United States mail, postage prepaid. Ronald H. Pollock, Jr., Esquire Barley Snyder Law Offices 126 East King Street, Suite 201 Lancaster, PA 17602-2832 By HB:52895v1 3246-10 ~'-~ t 3 ui ~l i _, ry-~ rl .. C:i ' 'r n •J _~ i L.+ r ~. ~ -~ `j~ f` to,7 f,. `!) ,~ ~\~ .. ~.. :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WATERFORD SQUARE ASSOCIATES, INC., . Plaintiff No. 2001-04431 vs. H. EDWARD BLACK AND ASSOCIATES, p.C., NRY TRIAL DEMANDED Defendant PRAECIPE TO DISCONTINUE T0: Curt Long, Prothonotary Please mark the above-captioned action settled, discontinued and ended, with costs paid. BARLE~~Y~~ SONY/ADER L~LC JRonald H. Pollock, Jr., Esquire Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717) 399-1539 I.D. No. 52586 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to Discontinue has been served this ~~ ~ day of June, 2005, by first class mail, postage prepaid, upon: Anthony S. Potter, Esquire Powell Trachtman Logan Carrle Bowman & Lombardo, PC 114 North Second Street Harrisburg, PA 17101 BARLEY SNYDER LLC By: /~'!'~L/~V -' Ronald H. Pollock, Jr., Esquire Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717) 399-1539 I.D. No. 52586 ~. ~~ C9 ~ ' CYl 4~ ~ ° '; ~ ~..~ t J ~ ~~ :~e rn tl):- ~~ ~1 ~ ~ : ~ ~ _ ~ ~ _ ~ C ~~A ~ C7 .-a ~ R7 ~ ~ s3 T47 CTi ~~ _ J WAk~3i~FPY4E n~1FP°LkSa~c RR~~V~?~V8 13~~9fi {