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HomeMy WebLinkAbout01-05530v ~~ _. g®~,; .~ N.T. MANAGEMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ESHENAURS FUELS, INC., CIVIL ACTION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against that if you fail to do so the case may pro judgment may be entered against you by the Complaint or for any other claim or relief Plaintiff. You may lose money or property important to you. you. You are warned geed without you and a Court without requested by the or other rights YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 ~~. N.T. MANAGEMENT, INC., Plaintiff v. ESHENAURS FUELS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND ~C'OU2N^TIY, PENNSYLVANIA N0 . ~ I" ~LI c„)(.~ ~~i~ CIVIL ACTION - LAW NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEAIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 N.T. MANAGEMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ND. or -~3o C~~1 ESHENAURS FUELS, INC., CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes Plaintiff, N.T. Management, Inc., by and through its attorneys, the Law Offices Stephen C. Nudel, PC, and respectfully files this Complaint as follows: 1. Plaintiff, N.T. Management, Inc., is a Pennsylvania corporation having an address of 21 Eastgate Drive, Camp Hill, Cumberland County, Pennsylvania 17033. 2. Plaintiff, N.T. Management, Inc., pursuant to a lease, operates a Days Inn Motel located at and known as 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 ("Property"). 3. Defendant, Eshenaurs Fuels, Inc., is a Pennsylvania corporation having an address of 2900 Herr Street, Harrisburg, Dauphin County, Pennsylvania 17105. 4. On or about November 1, 1996, Plaintiff, as owner, and Defendant, as contractor, entered into a Standard Form of Agreement Between Owner and Contractor for plumbing, heating, air conditioning and ventilation to be installed at the Property by Defendant ("Agreement"). A true and correct copy of the Agreement is attached hereto and made a part hereof as "Exhibit A" °". ~ra..<<- 5. Pursuant to the terms of the Agreement Defendant was to provide plumbing, heating, ventilation and air conditioning goods and services pursuant to plans and specifications as referenced within the Agreement. 6. Plaintiff agreed to pay Defendant $279,000.00 for Defendant's goods and services. 7. After Defendant's completion of the work in 1997, Plaintiff began to experience defects with the air conditioning which included overflow of water from the air conditioning drainage pans. 8. Upon investigation, it was discovered that Defendant failed to install seventy-seven (77) air conditioning units in accordance to manufacturer's specifications and in a workmanlike manner. 9. As a result of the overflow of the air conditioning drainage pans, Plaintiff has discovered substantial water damage to the Property which includes water damage to drywall and insulation in at least fifty-one (51) guest rooms. 10. Plaintiff believes and therefore avers that there may be additional damage to the Property which has not yet been discovered. 11. As a result of the improper installation of the air conditioning units by Defendant, Plaintiff has had to have the seventy-seven (77) improperly installed air conditioners reinstalled to correct the defects caused by Defendant. .,..+ 12. The cost of reinstallation of seventy-seven (77) air conditioners to Plaintiff was $12,619.00 as reflected in the repair invoice. A true and correct copy of the repair invoice is attached hereto and made a part hereof as Exhibit "B." 13. Defendant failed to perform the work of installing the air conditioning systems on the Property in a good and workmanlike manner and in accordance with manufacturer's specifications. 14. As a result of the water damage in fifty-one (51) rooms of the Property, Plaintiff will incur costs for repairs to the damaged areas in the amount of $89,772.00 as is reflected in the repair estimate. A true and correct copy of the repair estimate is attached hereto and made a part hereof as Exhibit "C." 15. Plaintiff will incur additional costs to repair any additional damage discovered for which Defendant is liable. 16. Despite request, Defendant has refused to correct the defects in its performance of the work, pay the cost for the reinstallation of the air conditioners or correct the other damages caused by Defendant's acts. 17. Defendant's actions constitute a breach of the Agreement between Plaintiff and Defendant. _. ::. .:~~- 18. To date and as a result of Defendant's acts/or omissions Plaintiff has incurred damages in the following amounts: Reinstallation cost $ 12,619.00 Property damage $ 89,772.00 Total $102,391.00 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment on behalf of Plaintiff and against Defendant in the amount of $ 102,391.00 plus interest, costs of suit and attorneys fees along with continued liability for any future damages. Respectfully submitted, Date:'! 2~~ LAW OFFICES STEPHEN C. NUDEL, PC .QSL d Ste hen C. Nudel, Esquire Att rney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys .f or Plaintiff ~.F.;.. ~~:a EXHIBIT A j k )~ A M E R I C A N I N S T I T U T E j O F A R C H I T E C T; AIA DoaF»:ent A101 Standard Form of Agreement Setween Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOGUBfENT HAS IMPORTANT LEGAL CONSF.QL/ENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR A'IODIFICATION. The 187 Pdirion of AIA Docun:en! A201, Genera( Gbndirionc of (be Contract jor Cmu(ructinn, is adopted in (Firs dnannent ny reference. Do no( use u~i(b other germral conditions unless thrs documenn is modiJred. This document has hern approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the ~ s? Nineteen Hundred and ~ ~ 6 day of ~~/ ~1<-v~ C7 Z- in die year of BETWEEN the Owner: N.T.Management, Inc. (Nome mtd ndctress) 21 EasCgate Drive Camp Hill, PA 17033 and the Contractor: ~ s,y ~ g u'f' ~ ~~ c L S (Nnn+e errrd adch~esc) ~ {q~a„~~ 7 / r(~,.~J?~~f~j(5~ The Project is: The Days Inn (:Unur m+d kxaliox) LOWer Allen Township Mechanicsburg, PA The Architect is: A,7g (Nmne and addracc) 32 North Queen Street York, PA 17403 The Owner and Contractor agree as set forth below `,c~ e 1 `~Q CONSTRUCTION MANAGER: NCI P.O. Box D Shippensburg, PA 17257 Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, ]977, ©1987 by The American institute of Archi- mc[s, 1735 New York Avenue, N.W., Washington, U.C. 201106. Reproduction u{the material herein or substantial quotation o{Its provisions without written permission oCthe AIA violates the copyright laws of the Unite(i SrateS and will he subject to legal panettulon. AtA DOCUMENT AIOt • OR'NEfl-CONTMCTOR AGREEMENT • T`x'F.LFTU EDlilON •AIA® ®19A7 THE AMERICAN IN37ITUTE OF ARt:Ii1TECT5, 17;5 NF.W YORK AvENOE, N.W., W.ASIIINGTON, D.C. 2tNRK, A101-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Dtxvments cons(st of this Agreement, Conditions of the Gontnct (General, Supplementary and othtt Conditions), Drawings, Specifications, Addrnda issued prior to execution of this Agreement, other documrnu laced to this Agreemrnt and Modifica[ions issued after execution of this Agreemrnt; chest form the Contract, and are as fully a part of the contract as if attached to this Agreemrnt ar repeated herein. The Contract represents the entire and integrated agreemrnt between the parties httero and supersedes prior negtxiations, represrnrations or agreements, tither writtrn or oral. M rnumendon of the Contna Documents, other than Modifiations, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the rntire Work described in the Contract Documents, except to the extent specifically indicated in the Contratt ikxuments to he the responsibility of others, or u follows: ~ c= E ~ ISM ~ c rte.( /~- 7 ~ f}-cl~ ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement a the date from which the Con[nct Time of Paragraph 31 a measured, and shall be the date of this Agreement, as first written above, unless a different date a stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (hunt fhe date n/ [nnrrewrcemru(, iJ i( differs fmm Ibe dote of (Nis Agreemrnl nq !f applic'ahle, state (hn( Ilre date vi/I he fried in a notice (n prrueeA.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Ownv in wdting nut Tess than five days before commrnctng the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than V M 0 ~ 7 t•~ s (/nsrrl fLr cnl0ldar dn(P arvtluaMr r f ra/erulrrr dgt's nf(rr l/x• dote n/tt)mmeucnnPU(. A/sn Atttrt nui'rrrfutrt'rrrrnfsJnr ear/inr,Arhs(ml(in/ Cnrn(rle(iau of rrr- Iniu (rnrNuns r f fIW anr4. IJ uM .tln(M! C/A'irdhre in Ibr Cnrt/rta'( lkrnnren(s.) suhject to adjustments of this Contract Time as provided in the Ctmtract Documents. (!ns<'r! prrn•(s(mrs, If mp•. Jor Itrpdda(rd damngvc rrlrtrbrg (o /nlhrre 4r rnnrp/e(e nn lime ) AIA DOWhtENT A101 OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AtA'• ©1987 TIIE AMF.RI(:AN IN$TITIn'F:OF ARCHITECI'S,I735 NEW YORK AVENUE, N.W., WASHINGTON, D.C: 2MN16 A101-1987 2 ADDENDUM ARTICLE 2 THE WORK OF THIS CONTRACT PLUMBING,HEATiNG,VENTlLATION, AIR CONDITIONING As per drawings plans and specifications described in this document and as per proposal date OCTOBER 21ST 1996.Ai1 labor and materials for Plumbing,heating and ventilation. Domestic water line to be instated to the meter pit.All floor penetrations to be fire proofed as per code. FOR OWNER ~%2/~~ ' " ' ESf~~~A~2S t7£C,S~i-,~C.. NCI Construct a~ ...................... CONTRACTOR... r1 ~/~/ 4~~ _ _ ~.+~r~. .n6i~.,.Y ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Con[naor In current funds for the Contractor's perfottnantt of the Ccmtnct the Contra Sum of (f ~.7y Q~ [h)Dars i - ), subject to additions and deductions u provided In the Con- tras I)ocumrn . 4.2 The Contra Sum is based upon d)e following alternates, if any, which are described in the Contact Documents and are hereby accepted by the Owncr: (5lale ebe numbers nr ofber ldenrtlfim!!ou of agep(ed nllerrtales. /f declsimu rvt aberalMnrotes wre 1u 6e made by lbe fhamermd+n~gnen! Jn Ibe e.~eculian of Wis Agreemeul, alentb a u'bedule nJ,cucb alber allenm+es s/xm•Ing !be amrnm! far earb and Ibe dale mrti! u•bicb 1IM! anmem! k twlid.) 4.3 Unit prices, if any, are as follows: AIA DOCUMENT At01 • OWNIiR~CON'1'RA(.TUR AGRF.F.MEN1' • TWELFI'II F:bIIION • AIA~ • ©IJN7 l'l IR AAIRNICAN INtiI'n'01'F:OF' ARCIIiI'F:(CI'S, 1755 NRW YORK A~'RNIIE, N.6•„ WASIIINC.TON, U.C. 2fNRIG A101-1987 3 ....~ __ _ ~. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications fnr Payment submitted to the Architect by the Contractor and Certificates for Paymrnt Issued by the Architect, the Owner sh:Jl make progress payments on account of the Con[att Sum to the Contractor u provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Paymrnt shall be one calendar month ending on the last day of [he month, or u rnunws: 5.3 Provided an Application (or Payment is received by the Architect not later than the 25 th day o(a month, the Owner shall make pa}'ment to the Contactor not later than the 25 th day o(the f Dllowingmonth. If an Application for Payment is received by the Architect after the application date (iced above, payment shall be made by the Owner not Inter than 60 days days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall he based upon the Schedule of V:Jues submiaed by the Contactor in accordance with the Contract Documents. The Schedule of values shall allocate the entire Contact Sum among the various portions of the ~C'ork and be prepared in such (Deco and supported by such data to substantiate its accuacy as the Architect may require. This Schedule, unless objected to b}• [he Architec[, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications (or Paymem shall indicate the percentage of con)pletion of each pottion of the Work as of the end of the period covered h}' the Application (or Payment. 5.6 Subject to the provisions o(the Contract Documents, the amount of each progress payment shall he computed as follows: 5.6.1 Take that portion of the Contract Sum properl}• allocable to completed Work u determined by multiplying the percentage completion of each portion of the Work by the share of the ta[al Contract`Sum allocated to that portion of the Work in the Schedule of values, less retainage of Ten percent ( %). Pa)dingfina( determina[ion of cost «) the Owner of changes in the Work, amounts not in dispute maybe included ~ provided in Subparagraph 7$J of the General Conditions even though the Contact Sum has not yet been adjusted h}' Change OMer, 5.6.2 Add that Ix vtion of the Contact Sum pralxrly allocable «) m:ueriats and cyuipntent delivered :In(I suitably stored at the site for suhscyuen[ incorpuation in the completed constrvction (or, if approved in aclv:u)ce by the Owner, suitably stored of(Thc site at a I(xation agrecci upon in writing), less retainage of Twenty percent ( 2p "/r); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtatt amounts, if any, for which the Architect has withheld or nullified a Certificate for Paymem u provided in Paa- graph 9.5 of the Gcneai Conditions. 5.7 The progrcu payment amount determined in accordance with Paagl aph 5.6 shalt be further modified under the following ciratmstances: 5.7.1 Add, upon Substantial Completion of the Work; a sum sufficient to increase the total paymrnts to Five percent( 5 "F.)oftheContaci Sum, less such amounts a the Architect shall de[ermine for incomplete Vfork and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subpaagaph 9.1 D.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: pJ it is irtrended, /rrinr trr .Grh#rurfi<d C«urpfv(iuu nJlUe ertlim 1[irrk, In reduce nr firnif f6e rel«Lmge rPtull/rag from llu• Jrercrrn«R<s iua•rmr/ ire 5«U(rurm gr«(rba S. A.! cue/ S. h.1 «Ixn'e. rued I{na it nnr acp(«iuruf Cdtrn•tx•n• lu !{e• Gin«rncl lkrtrurunlt, inter) M•rr /rrtmitiuna fnr tucA mdurlinrr nr fintl!«tinuJ AIA DOCUMENT A101 • bW'NEH~CONTRACTOR AGREF'NIiN'I' • TwELETt1 EUl1'ION • AIA° ©I9R7 'I'IIF. AM1IF.RICAN IN5TI1'1n'F. OF ARCIII'I'F.(a'S, t7i5 NEW YORK AVENUE, N.W„ IX•AIIIINGTON, U.(:.2(XNN~ A101-1987 4 ARTICLE 6 FINAL PAYMENT Final paynteut, constituting the rntire unpaid balance of the Cont mtt Sum, shall be made by the Owner to the Qmtmctor when (t ) the C(auract has been fully performed by dte Contractor except for the Cnntrattor's responsibility to rnrrect nonconforming Work as provided in Subparagraph 12.2.2 of the Gcnenl Condhions and to satisfy other requiremrnts, if any, which necessarily survive final payment: and (2) a final Certificate for Payment has bern issued by the Archhctt; such final paymrnt shall be made by the Owner not more than 3o daps after the icstrance of the Archttea's final Certificate fire Paytnrnt, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Ik>aunent, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Ikxuments. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, :¢ the icRal nteprevailing from time to time at the place where the Project is Ioctted. (hrarr( r'nlp of irarr'<a! ngrtred ulvrn, if runt) (U.vrp• /aa:i rend rarfuL't•na•n6c unr(rr I;rC /d¢krn/ 7Trd[r in J.rndlug dtl, s!m!(ar slab mu/Greed cn2wuntr en$!! lan¢nnd rN[rrr rtgrdallnus nl f4R' (rn•nrr:c roof (lnrlr(Il'Inr •.t Jrr'IrIL'lJrtd JIl(lal•.f r f I1rl\illl•.c(~ I/Il• ((lt[llfnrl r f I[IC 1•rr fl•CI nlyd (•IS(•11'(11•Y(• artfl• afftY'I IlIP r(f/!(lilt' ()f I(rlf JIHrI•ltfrNl. /A•,(•(II (/(Ir'fa'('YlMllrlfl fk' Irlrllr/Nt•rl wilt( recptl{ lu rlrlrfianx ur nart!lfiul(inns, rued e6u rlgnrt(ing r<rcprirrnrrrrLC .a¢'b rrc U•r!@rv disdnsur<s nr n•nfrrrt.) 7.3 Other provisions: , ARTICLE 8 TERMINATION OR SUSPENSION 8.1 1'he Cnntraa mar he tenuin:ucd by the Owner or the Contras«x as provided in Article 14 of'he Genertl Conditions. 8.2 The Work may he susixnded by the Owner as provided in Article 1•f of [he Grnenl Conditions. AtA DOCUMENT A10i • OWNEH~C(1N'1'RACTnH AGREEMENT •'1'WELF'I'II E11n10N • AIM • ©I')N7 TIIE A1IEItICAN INSTI'I'I!TE (IF AN(:I II'rF:fa'S, I7i5 NF.W YaRK AYF.NOE. N.a%'., a'ASIIING'f(]N, D.(:. RwMK, A101-1987 rJ ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contnct pocumcnts, except for Modifications Lssued afttt execution of this Agreement, are rnumented u follows: 9.1.1 The Agreement Ls this executed Standard Fonn of Agreemrnt Eetwern Owner and Contractor, AIA Document At01, 19A7 Edition. 9.1.2 The General Conditions are the Grnenl Conditions of the Contact for Const[vc[ion, AIA Docvmrnt A201, 1987 Edition. 9.1.3 The Supplemrntary and other Conditions of the Contn(x are those contained in the Projett Manual dated October 20, 1996 ,and are ass follows: Document Title Pages See Attachment 9.1.4 The Slxcifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: I('~if/rnr (iFl /hr .S)xv'ifi+alin+t< Pr'rr nr rr(rr lu en nt'bigil nllrtch<M fa This Agrpnp+pxL) Section Title pages See Attachment AIA [)OCUMENT A101 • O~L'NER~CONTRACI'OR AGREEMENT • TWELFil1 EDITION •AIA® • ©19X7 l'IIE AAIY:KI(:AN INtiTIT[!l'F.OV AR(:fII1'F.CI'S,1'iS NF.W YORK AVF.NI!E, N.Stt, VNASIIINGI'ON, D.<:. 2(RXK A101-1987 6 9.1.5 The Drawings ' are as follows, and arc datcYf October 20, 1996 unless a different date is slxlwn below: (F. illrrr /41 ItM UaaNr+RS Lrrr In rcfir In nn exhlhf! nlfel'rnYl ler This Agrtrrnrnl.) Number Title Date 1-7 (J. Michael Srill 6 Assoc., Inc.) Site Drawings April 20, 1996 A-1-0 (AJS) Foundation Plan 9-20-96 A-1-1 Floor Plans 1-4 9-20-96 A-1-2 Roof and Ref. Ceiling 9-20-96 A-2-1 Elevations 9-20-96 A-2-2 Interior Details 9-20-96 A-3-1 Cross Sections 9-20-96 A-3-2 Cabinetry Details 9-20-96 A-3-3 Details 9-20-96 A-4-1 Door Schedule 9-ZO-96 A-4-2 Roam Finish/$eam Schedule 9-20-96 A-5-1 Room Layouts 9-20-96 A-5-2 Entry Plans 9-20-96 A-6-1 Stair & Elevator Sections 9-20-96 FP-1 & FP-2 Fire Protection 9-20-96 P-1 thru P-5 Plumbing 10-03-96 M-1 thru M-3 Mechanical 10-03-96 PE-1 Meter pit/Site Lighting 10-03-96 E-1 thru E-6 Electrical 10-03-96 9.1.6 i'he Addcncla, if any, arc as k+ilun•s: Ntrmber Daic Pages Pottions of Addenda relating to bidding requirements are not pan of the Contract Ikxumenrs unless the bidding requirements arc also enumerated in this Anide 9. - AU OOCUMEM A101 • OWNERLOM'RACTOR AGRP.E•MEN'I' • TWELFTIi F.On70N • AIAm • ®I9R7 771E AMERICAN INSTITUTE Or ARCHITECTS, 1715 NEW YORK AVENUE, N.W.. W'ASNIN('iTON, D.(:. 2tKK76 A101-1987 7 9.1.7 Other documrnts, if any, forming part of the Conttatt D(N:uments are u follows: (l1.a bore mryadrllllnrm! drrrramwrls u~61rb are Durndad brJrrrm part nJlbe C.rmlral Daprmrnlx 7be Gerrera((orrdb(wu prvn(de IDW hidd(ng regrdremrats srrrb as rWrMlsemem ar Undlmhnr ar bW, /ralnrclburs r° Bidden, samp/efarra<and the Ciurlracrrx's bldare mN Jw'r rJfbe finurarl0ntrrmerrfs artless errumernlM Irr Ibis A(tremm~a. Tber sbrnrlAbr lLaxl Lnnr rur(1• J (nlerrdnl fn 6e pan M fbe fiinlrarl lkrrrmrexes.) Contractor Proposal Dated: This Agreement is entered into zc o(the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for ace in the administration of the Contract, and the remainder to the Owner. OWNER (NCI Construction Manager on CO[d'fRACTOit ~r-SFtirc/JP~RS ~V~-S~~+-~C_ be er~ (.SlAwaf ~~ (.Sign f rt (!'rile<rl umae avr(lil!O J~R~_Dt~Krzs G,asvi2t~enorJ ,~1a~ary~ (lrrirr(cKl rtmne dart (!tlr) AIA DOCUMENT A101 • OWNEN~CUNTRA(TUR AGREEMENT • TV:'ELFTH F.DI'r1UN • AIA° • ®1987 T'IIF.AMERIGNINSTII'LTF.OFARCHITF.(75, 1715 NEW YORK AVENtIF., N.W., W'ASt11NGT(1N, D.C. 2rNN16 A1U1-1887 8 DIVISION 5 - METALS 05500 METAL FABRICATIONS DIVISION 6 - WOOD AND PLASTICS 06100 ROUGH CARPENTRY 06200 FINISH CARPENTRY DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07210 BUILDING INSULATION 07411 MANUFACTURED ROOF PANELS 07530 SINGLE-PLY MEMBRANE ROOFING 07600 FLASHING AND SHEET METAL 07720 ROOF ACCESSORIES 07901 JOINT SEALANTS DIVISION 8 - DOORS AND WINDOWS 08111 STANDARD STEEL DOORS AND FRAMES 08211 FLUSH WOOD DOORS 08410 ALUMINUM STOREFRONT SYSTEMS 08520 ALUMINUM WINDOWS 08710 DOOR HARDWARE DIVISION 9 - FINIS$ES 09255 GYPSUM BOARD ASSEMBLIES 09300 TILE 09511 ACOUSTICAL PANEL CEILINGS 09650 RESILIENT FLOORING 09900 PAINTING DIVISION 10 - SPECIALTIES 10522 FIRE EXTINGUISHERS, CABINETS, AND ACCESSORIES 10800 TOILET AND BATH ACCESSORIES DIVISION 11 - EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED - DIVISION 13 - SPECIAL CONSTRUCTION. NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED DIVISION 15 - 16 REFER TO VOLUME 3 END of TABLE OF CONTENTS DAYS INN - MECHANICSBURG TABLE OF CONTENTS 2 AJS 96-06 .' i I I I Days Iaa Located 8t Woodland Street Meohanicsburg, Pennsylvania AJS 96-06 October 03, 1996 COVER SHEET TABLE of CONTENTS VOLUME I DIVISION 0 - CONTRACT AND PROPOSAL 00030 INSTRUCTIONS TO PROPOSER Contract forms and Conditions Farm or Agreement General Conditions Supplementary General Conditions Special Conditions No Lien Agreement DIVISION 1 - GENERAL REQUIREMENTS 01010 01027 01035 01040 01045 01200 01300 01500 01631 01700 01740 VOLUME II SUMMARY OF W.ORR APPLICATIONS FOR PAYMENT MODIFICATION PROCEDURES PROJECT COORDINATION CUTTING AND PATCHING PROJECT MEETINGS SUBMITTALS TEMPORARY FACILITIES PRODUCT SUBSTITUTIONS PROJECT CLOSEOUT WARRANTIES AND HONDS DIVISION 2 - SITEWORR' The Civil engineering documents have been prepared under separate contract by J. Micheal Hrill, Engineers, of Mechanicsburg, PA. Specifications for such work are issued under separate cover. DIVISION 3.- CONCRETE 03300 CAST-IN-PLACE CONCRETE 03410 PRECAST HOLLOW CORE PLANK DIVISION 4 - MASONRY 04200 UNIT MASONRY DAYS INN - MECHANICSBURG AJS 96-06 TABLE OF CONTENTS 1 EXHIBIT B -, TO :d Z8fi m~clure ~ ~~,~ , 1.~ P.O. 8WC 2830 1.800382•t319 (PA) ~011W0~ 8lIY~ClB Harrl~uFg, PA 17106 FAX (J17) 233.2849 WrYFG111Wm11~tk4 ~eenwa . NLY~M . W OOIWnOMMO • MlMn4}ION eeMiL1 .+waM.a+m.aw I DG,YS INN L IiARRISLiURl; WEST L iN12 WESL.F...Y DRIVE MECHANICSLIURG ~'A 17a~ T D bC ~'d, ~d/JC-C .-boo I1~1~OICE NO. 5 t "90 PAflE 1 S DAY6 .INN-HARRISNUR6 WE57 I ]m1~ WE:5LEY DRIVE 'T M[CHANICaPURG RA 17mS5 G' UNIT UNIT TICKET N Gl'i'Y MF_AS DEaCRIF-~1'I(]N PRICE .!n w - A1m~tc,mis v:.-•:39.34 RE-IN:iTALI_ 7'7 71-IRU 7Hfi WAt..L AIR G7NDI7ICINER UN[Tbi A'f TFIC DR`!~' INN HAf?R.I;CcLaURG W%E:;?;" f~UC1T@:ll PRICE - 5 1 , 619. m0 JJ^'39 J~4 ^ptanda+rct Mr.C'l+are Ritliny . 6. EXT'ENDE PRICE vi. 1~, 619. 62 ~ l . ~tONTH!_V !='[IVAlVf.:E: CI-i~aRGF: C)F :1. X CIIRt2GC'I> AF'TGFi 3-Z~ nFavEa'. rRlJSS TAX .b NET RMQUN l2, F 1`~.OZ ~~.~,~ EXHIBIT C CU a `. ~. 937 Niaan Dnv SUIM A Mechaniefbuiq, PA 17053 7r7.79r•rore hu 717.79J•701J September t4, 2001 N.T. Management, Inc. Zl Eastgate Drive Camp Hili, PA 17011 Attn: Anil Thakrar Re: Remedial work necessary for water damaged areas. Dear Mr. Thakraz, On behalf of Fremier Constructiott Group, we aze pleased to piovidc you with a quotation to complete the necessary work to repair the water damaged areas in 51 rooms at your Days Inn location in Camp Hill, PA. During our on-site walk through, we have noticed that there is a substantial amount of water damage throughout numerous rooms. The areas that we have identified would encompass 51 guest rooms within your facility. Please be aware that there may be adaitional damage in other rooms within the facility that we were unable to detect without further site investigation that would entai] cutting some walls to determine the extent of the damage, if any. Our proposal will include the following scope of work in order to facilitate the proper repair of the exterior walls in each of the 51 units that we have noted above. The scope is as fellows: • We would like to have a block of at least 10 rooms at a time due to the fact that we would have to move the furniture, stage """"'%~ ' ' the furniture of two to three rooms into one room and begin working on the spaces. • Cutting out and removal of the drywall on the outside wall and insulation that has sustained water damage. • We will reinstall new R-19 Kraft faced insulation • We will reinstall new 5/8" drywall and finish it to receive a wall covering, • We have utilized an allowance of $10.00 per square yard for the purchase of wall covering to match the existing wall covering. (We will need to get further information from you on the exact wall covering that is in place). .~. „ £0=d iL6 (N,T. Management continued) 0£:0t tOBZ-6t-d3S We have utilized a $3.00 per square foot allowance for approximately 13 feet of border in each of the 51 rooms. (We will need to finalize this selection and actual cost, At the time of the estimate we were unable to accomplish this.) • Removal and disposal of all of our debris into an on-site dumpster which will be provided by Premier Construction Group, • Clean up of the room for turnover to you after we have put the furniture back in place. You may need to do a final spot clean up for occupancy of the roam but we will do the general construction clean up. • Our time line to complete this work will take approximately 8 weeks from the time we begin this project. We may even work double shifts on this project as long as it ~~-*-~ive®31-baeotne disruptive to your clients that aze using this facility. Thie•wiib~hsv~o ta. be coordinated from a logistics standpoint with yourself and your building management Our quotation to do the above scope of work will be 89 772.00. Our payment terms shall be as follows: Draw # 1- End of second week: 520,000.00 Draw # 2- End of fourth week: $20,000.00 Draw # 3- End of sixth week: $25,000.00 Draw # 4- End of eight week: $17,500.00 Tire final draw shalt be upon final inspection, or within two weeks of project completion. This draw will be in the amount of $5,272.00. 1n closing, we would like to thank you for your initial confidence in the Premier Construction Group. We look forward to servicing your construction needs in a professional and quality oriented manner for your facility, Sincerely, le y A. Mea e , ~esident ,.. ,~. ,4 . ,,. VERIFICATION I, Anil C. Thkarar, Vice President of N. T. Management, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. N. T. MANAGEMENT, INC. Date: q~2l~ol ~ " Cam- l~ Anil C. Thakrar Vice President ~' ~Ya w ~a-r.. ,_ .,~ a u~,_. r-- ~': - ''~i ' yc n . - „; j.z -;7 ~a -c; ~.. _ ~ _ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05530 P COMMONWEALTH OF PENNSYLVANIA: COUNTY Off' CUMBERLAND N T MANAGEMENT INC VS ESHENAURS FUELS INC 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 ESHENAURS FUELS INC to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 9th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 25.50 .00 62.50 10/09/2001 STEPHEN NUDEL So answer R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~Sl` day of ~e~,,,/~, ~,79rL1 A . D . Prothono a y ~ti .~; .~ •~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania N T MANAGEMENT INC vs COUnty Of DaU}lhln ESHENAUR FUEL INC Sheriff's Return No. 2801-T - - -2001 OTHER COUNTY N0. 01-5530 AND NOW: October 1, 2001 NOTICE & COMPLAINT ESHENAUR FUEL INC J. Daniel Basile chief Deputy Michael W. Rinehart Assistant Chief Deputy at 1:42PM served the within upon by personally handing to-SOHN OTSTOT, SERVICE MANAGER 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2900 HERR ST. HARRISBURG, PA 17105-0000 Sworn and subscribed to before me this 2ND day o OCTOBER, 2001 ~~ -~ f a~ ~' PROTHONOTARY (~~ft~Q ~~ ~.e ~5~ert~f So Answers, Sheriff of Dauphin County, Pa. Deput Sher' Sheriff's Costs:$ D 10/02/2001 RCPT NO 154847 HAYES Now, sept~nber 25, 2001- , I, SFIERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cmnberland County, PA A.f~davit ®f S~rvflce Now, within upon at by handing to a and made lmown to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this ~ day of , 20~ 20 , at o'clock M. served the CosTs SERVICE _ MILEAGE _ AFFII;AVIT County, PA +t Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS &HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 E-Mail: sepr~tthlaw.com Attorneys for Defendant: ESHENAURS FUELS, INC. N.T. MANAGEMENT, INC., Plaintiff v. ESHENAURS FUELS, INC., Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Eshenaurs Fuels, Inc., in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW N0. 01-5530 CIVIL Respectfully submitted, THO/MAS~THOMAS &~HA~Fj~ER,~LLP ~/ e/ By: 146248.1 STEPHEN E. GEDULDIG, ES4UIRE Attorney I.D. No. 43530 Attorneys .for Defendant, ESHENAURS FUELS, INC. _< . a a .. ~ ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the __~~~ day of October, 2001, on all counsel of record as follows: Stephen C. Nudel, Esquire Mark W. Allshouse, Esquire LAW OFFICES OF STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP s~ phen E. Geduldig, squire :146250.1 <~ -_. t c. T .__ =; = -~ .,,,, -_ - - ,~;. z ~ .: ~. .~- .~, ~ : ,- _= l0 ~ Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 E-Mail: S2q(p7tthI2W.COfII Attorneys for Defendant: ESHENAUERS FUELS, INC. N.T. MANAGEMENT, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5530 CIVIL ESHENAURS FUELS, INC., Defendant NOTICE TO PLEAD TO: Plaintiff and its counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 1 tr '0 Z-- By: 151260.2 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys .for Defendant, ESHENAUERS FUELS, INC. ,~ ,' Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717)237-7100 E-Maii: segC~tthlaw.com Attorneys for Defendant: ESHENAUERS FUELS, INC. N.T. MANAGEMENT, INC., Plaintiff v. ESHENAURS FUELS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5530 CIVIL ANSWER AND NEW MATTER OF DEFENDANT, ESHENAURS FUELS, INC. AND NOW, comes Defendant, Eshenaurs Fuels, Inc. ("Defendant"), by and through its undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiff's Complaint: 1. Denied pursuant to Pa. R.C.P. 1029(e). 2. Denied pursuant to Pa. R.C.P. 1029(e). 3. Admitted. 4. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). By way of further response, what is purported to be a "true and correct" copy of an agreement, attached as s. Exhibit "A" to the Complaint, is obviously incomplete and missing certain pages. 5. Admitted in part and denied in part. It is admitted that Defendant provided certain plumbing, heating, ventilation and air conditioning goods and services. To the extent that paragraph 5 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). By way of further response, to the extent that any services or goods were provided pursuant to any written agreement, said written agreement being a writing, speaks for itself, and Defendant denies any attempt on the part of Plaintiff to characterize or summarize the writing and its terms. 6. Denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. The heating and air conditioning units installed by Defendant at Plaintiff's motel were installed pursuant to the requests of the Plaintiff and/or Plaintiff's representative, and with Plaintiff's approval and consent and/or the approval and consent of Plaintiff's representatives. To the extent that paragraph 8 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 9. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e). 2 10. benied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e). 11. benied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e). 12, benied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e). 13. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e). 14. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e). 15. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e). 16. benied as legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 17. benied as legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 18. Denied as legal conclusion and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Eshenaurs Fuels, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in its favor. 3 NEW MATTER 19. Paragraphs 1 through 18, above, are incorporated herein by reference as if fully set forth at length. 20. Some or all of Plaintiffs' claims may be barred by the applicable statute of limitations. 21. Plaintiff, individually and/or by and through its representative, approved and therefore consented to the installation of the heating and air conditioning units in the manner they were installed by Defendant. 22. Plaintiff, through its construction representative, approved and therefore consented to the installation of the heating and air conditioning units in the manner they were installed by Defendant. 23. Plaintiff may have failed to mitigate its damages, if any. 24. Plaintiff's claim is barred by waiver. 25. Plaintiff's claim is barred by consent. 26. Plaintiff's claim is barred by estoppel. 27. Plaintiff's claim is barred by acceptance. 28. Plaintiff's claim is barred by accord and satisfaction. 4 29. Plaintiff's claim is barred or limited by any contractual defenses, which are incorporated herein by reference. WHEREFORE, Defendant, Eshenaurs Fuels, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in its favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP (' ~ I I ~ Z- sy . ~~ :151260.1 STEPHEN E. GEDULDIG, ESQUIR Attorney I.D. No. 43530 Attorneys for Defendant, ESHENAUERS FUELS, INC. 5 VERIFICATION I, W. Craig Eshenaur, President, Eshenaurs Fuels, Inc., hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. W. Craig E enaur 1. OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the ', United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of January, 2002, on all counsel of record as follows: Stephen C. Nudel, Esquire Mark W. Allshouse, Esquire LAW OFFICES OF STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 Attorneys £or Plaintiff THOMAS, THOMAS & HAFER, LLP f Stephen E. Geduldig, Esquire 146250.1 .5<P_.~4'IE1i~Y+"WA9~YffinifV43~iE VIdeR4~Wti.l ~~ "" "~FhmM3E&La?z"~-~kW ..: G ~ n y y Yu ] _ ~ ~ ! ' ~ ~ "~ ~ U r ~ ~ ~ j L~ N' f f N.T. MANAGEMENT, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-5530 CIVIL ESHENAURS FUELS, INC., . CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, N.T. Management, Inc., by and through its attorneys, the Law Offices Stephen C. Nudel, PC, and respectfully files this Reply to Defendant's New Matter as follows: 19. Denied. Paragraph 19 is a paragraph of incorporation to which no response is required. By way of further response, paragraphs 1 through 18 of Plaintiff's Complaint are hereby incorporated by reference as if set forth at length. 20. Denied. The averment contains a conclusion of law to which no response is required. 21. Denied. The averment contains a conclusion of law to which no response is required. By way of further response, neither Plaintiff nor its representative approved or consented to the improper installation of the air conditioning units. 22. Denied. To the contrary, at no time did Plaintiff or its construction representative consent to the improper installation of the air conditioning units. 23. Denied. The averment contains a conclusion of law to which no response is required. 24. Denied. The averment contains a conclusion of law to r ! which no response is required. 25. Denied. The averment contains a conclusion of law to which no response is required. 26. Denied. The averment contains a conclusion of law to which no response is required. 27. Denied. The averment contains a conclusion of law to which no response is required. 28. Denied. The averment contains a conclusion of law to which no response is required. 29. Denied. The averment contains a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order on behalf of Plaintiff and against Defendant for the relief requested in Plaintiffs Complaint. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC St phen C. Nudel Esquire At orney ID #417 3 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff VERIFICATION I, Anil C. Thkarar, Vice President of N. T. Management, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. N. T. MANAGEMENT, INC. Dater/ZZ/~~. ~ ' ~ C ~- Anil C. Thakrar Vice President .:~ ~.. e ,_ _ .~.:.. ~ .-gym ,~ k. N.T. MANAGEMENT, INC., Plaintiff v. ESHENAURS FUELS, INC., Defendant .- 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-5530 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Date : I I21~D'L ~ , ~Nt W. Allshouse,eESquire Attbrney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff ("} =' L? C_ fw: Y ~ 'T7 (1 l'-s ,7._ _ ^l1 _ ~~: GJ ''-' v ~J -' ° ~ r" ~ "7 3%~ N Li { Cp _ _ _ _ __ ~ i ~~ ~ ~.ri. - , N.T. MANAGEMENT, INC., Plaintiff v. ESHENAUI2S FUELS , INC . , Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 3s`~O N0. O1-~@ CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above caption matter as settled, discontinued with prejudice and forever ended. Respectfully submitted, LAW OFFICES OF STEPHEN C. NUDEL, PC Date :_~//~~l)o~ (~f.LY~ S phen C. Nudel, Esquire torney ID #417 3 ark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff ,~ ~~~.-. ._ N.T. MANAGEMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. N0. 01-5330 ESHENAURS FUELS, INC., . CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Date : ~~/,3~G62 ~~j Ma}`k W. Allshouse,/ Esquire 2 9 Pine Street T Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff ~~.. "~ .',..~~.. ~i£+4i+iS .{_~".y3"E".~A3~.' ~'~yeiF'g n 5 twei344€{ ..~ .~. ... ,... .. x .. .x a-. ~.;__ r C7 : o +'~ p - ~ "~C.i! G r; r' rn fr, j ~.. L J.? rW~'.. 'jl ~~ "' ;C_) S Ywy •. C7 ~. 7 r' ~ ~f l ~~_ ;~ 3 Urn ~a " ~ -{