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Home My WebLink About99-00105 " Ellhltift A. Atl-;I"!,;,,,!,, ....1/""'.. r"" ';1"",<... @ , ','"," ',', J, MICHAEL BRILL .. ASSOCIATES, INC. CONSULTING ENGINEERS J M B 8UI'rE 112.5010 RITTER ROAD MECHANICSIlURG, PA 17055-4828 1717) 8111.0200 FAX. 117) 8111.1854 SENT VIA PAX, ORIGINAL TO BE MAILEO January 17, 1996 ri5~ilt@1AllWrEIID ~. fEB 0 1996 J Mlchaol Brill & Associates , Consulting Engineers Mr. Larry Marsh. Project Mallager Brlsben Compsny 7800 East Kemper Rosd ClnolrJnatl, OH 46249 RE: Proposed Apartment Complex Situated on 10:t: acrea along Chambers Hili Road and locsted In Swatars Townlihlp, Dauphin County, Pennsylvania J 11. ~m AGREEMENTFOR PROFESSIONAL SERVICES JMB# . rrr. :::::l JMB Project #713.A [J PROPOSAL -1 ~ AGREEMENT Dear Larry: /0 CONSULTANT , COPVTO... ___.__ It was a pleBlure In both meeting and talking with you recently with regards to tha above referenced project. Both J. Michael Brill & Associates, Inc., (JMBI and I am personally pleased to have the opportunity to aubmltthla Agreement for Professlonel Services for the project. For your Information, JM8 has an excellent relationship and reputetlon with Swatara Township officials having submitted many land devalopment plans for review and approval. With the ebove stated, JMB would propose a scope of services which I believe will meet your needs for Site/CIvil Engineering work required for the project. The respective scope-of-work Is based on Information dlsoussed In our meotlng and telephone conversations and general discussions that we hsve had with Township Offlolals and sre as follows: 1 , Provide Genersl Consulting services for the project. This work may Include, but not be limited to revieWing existing plans, reports and other Information; contacting and obtaining Information from the munlolpallty, county and other government officials regarding the projeot; ooordlnatlng with and obtaining Informstlon from client, client representatives, outside developers, outside engineers, outs Ida consultants, architects and others regarding the project; and perform other background and general oonsulting work for the project as required. 2. Perform topographic and utility surveys for the 10:t: acre tract. Aerial topography will be utilized with oontours at two (21 foot Intervals extending beyond the property lines by a minimum 50 feet. Also topography will be obtained for the abutting roadways extending beyond the property lines and along tho roadways at least 200 feet. Thus, the total area mapped will be a minimum of 14:t: acres. This work will also Include researoh and Obtaining deeds and plans at PennDOT, Dauphin County Courthouse and Swatara TownShip. 3, Prepare a base sheet which Includes the Information obtained In Items #1 and #2. This plan will be done In AutoCADD (Release 131 and will be the basis for the design of the site. 4. Prepare Site Concept Plans which will Indicate proposed locations of bulldlng~, parking/driveway layouts, curbs, sidewalks, outdoor spaces and elements and willlncorporete additional Information provided by you and others. The work will Include verification of Zoning Ordinance oompllance. This Plan will be done using the base sheet created In Item #3 .above. This work will be done In CADD formal. MEMBER CONSULTING ENGINEERS COUNCIL OF PENNSYLVANIA J. MICHAEL BRILL Ii ASSOCIATES, INC. L.rry M.rah January 17, 1996 AGREEMENT FOR PROPESSIONAL SERVICES JMB Project 1713.A Page 11 ConstructIon Review The CLIENT recognizes that construotlon review Is a vltelelement of the ENGINEER'S complete service, provided to minimize problems during oonstructlon by permitting detention of and/or rapid responae to unantlolpated or ohanged conditions, or error. or omission a oommltted by dealgn prof..alonaia, oontraotors, materials provider or others, The CLIENT elso recognizes thst no partY Is IS Intimately famllllr with the ENGINEER'S Intents as the ENGINEER and those the ENGINE~R prepares for and alslgnl to reviewing taak8, Aooordlngly, the CLIENT agrees to retain the ENGINEER to review oonstructlon, and the ENGINEER egrees to 88slgn to the revlowlng function pereons qualified to obeerv8 and report on construction of the ENGINEER'S recommendations, plans snd speolflcatlons, and the qU'lIty of work performed by contractors, et ai, The CLIENT recognlzt\8 thet conatructlon review 18 a technique employed to minimize the risk of problems arising during construction; that oonstructlon review by the ENGINEER Is not Inaurance, and does not constitute a warrantY or guarantee of any type. In all oasee, contractors et al. (thlt Is, the general oontraotor, suboontraotora, eubsubcontractors, matorl.,s peraon. and others) shsll reteln responsibility for the quality of their work and for adhering to plans and apeclfloatlons. Construction review will be done on an hourly basis and will be done under e sepsrate agreement or aupplemental authorization under this agreement. Should the CLIENT for any relson not retain the ENGINEER to review oonstructlon, or should the CLIENT undulv restrlot the ENGINEER'S 88slgnment of personnel to review oonstructlon, or ahould the ENGINEER at the direction of the ollent for any reason not perform construotlon review during the full periOd of conatructlon, the ENGINEER shall not have the ability to perform a oomplete aervlce. In auch a case, the CLIENT walvea any claim agelnst the ENGINEER and agreea to Indemnify, defend and hold the ENGINEER harmlell from any claim or liability for Injury or loss arising from problems during oonatructlon that allegedly reault from findings, concluslonl, recommendations, pia'll or speclfloatlonl daveloped by the ENGINEER. Tho CLIENT elso agrees to compensate the ENGINEER for any time spent Ind expenses Incurred by the ENGINEER In defense of any suoh claim with such compensation to be baaed upon the ENGINEER'S prevailing foe sohedule and expense reimbursement polloy, OwnerlhlD of Documents Plans, reporta, speolfloatlons, and other documents prepared and/or obtained by ENGINEER as Inatruments of service, are and shsll remain the property of the ENGINEER, whather the project for whloh they arlllntended Is executed 01' not, The CLIENT shall be permitted to retain coplel, Inoludlng reproducible copies of plana and speclfloatlons for Information and reference In conneollon with the CLIENT'S liae and occupancy. The plans, reports, epeclflcatlons and other documents prepared and/or obtelned by the ENGINEER shall not be uaed by the CLIENT on other projects, for additions to thll projeot, or for completion of this proJeot by Others, except by agreement In writing with the approprlete compensation to the ENGINEER, provided the ENGINEER Is not In default under thle Agreement. J. Michael Brill & Alloolatea, 1'10. appreclate8 your Interest In our firm and the opportunity to submit thla Agreement for Professional Servloes to maet your project schudule. Exhibit B .H,t!~lI'\l<lAl ....UII>IW 'n" 'l'f.'I~lll1 @ Exhibit C ~ll-~'.'I[.~I'lt! tro;/l~"" 11)'1 J"""-,'~ll' In. IV " exhibit D exhibit E Exhibit F '- -- J J. MICHAEL BRILL & ASSOCIATES, INC. M CONSULTING ENGINEERS B INVOICE SUITE 112, 5010 AITTER ROAD MECHANICSBllRG, PA 17055.4828 (711) 691.0200 FAX (711) 891.1854 MJ.BrIE~1 COMPANY ATmuLAI'\i,=Y 11M13H '7noo EArn f(E~IPEF~ 1m [__'K C:,tHC:J:I'l!::!!:!!I OH M2;19 ::l7ll H./VClJ,CE NOu DAlEn p~)m::u C?70(};:~~,\ OCi' /:~O/'P'? :l ,JOB l'Il.J11EIIi::i'~ = n:u.l..HlU PEIUI'll) :-i (W/O:l./97 l'Hm.J ()'i'/::lo/cr;~..J 7l.:'1A DEm:RIPTIONn CalEBTIiUr POIN1~ l'IEElIH!,)!> *** TD'IAL 1"rWFE1:;BHli'IAL f:)t:r~VICr::n *** ~';~.. "i' ~,) Hl;~S ~~:':~(y'" ::)f TOTAL ~IEi::T:I:I'IG8 (~~.:;(1' II ~'5~: AI)l)ITIOHAI... ZiEI~VICES I"EH Cl..IEHT *** TClT(.o.l.. prWFESSWNr.,l.. 8EI:~VICr::S *** J)7,,2~ HF~S A'~ II :L !U':~ ..:5(: TOTAL ADDXTIO~IAl. SEI,VIGEf:l PEl, CI_XEI~T ~~ltj,t2..~':'H; r;:XPEI.IBEtl I~EII'II:<U"8A')I...E E:<I"E~IBEB l'I:lI...Ef.\m~ ~IInCr"l.I,.AI'"::0U8 I:HHITHIl:l 8: m::PF~C)I)UGnClt~ l'IA:n.U1Cl/HANDl. HID *** TOTAl.. '~Enll:ll.Jr~r;ABLE EXf"E~lm::8 *** . .. 4(). -H, l3. :I.'; 94~::. 71: ~:~l:) oJ 0,_: :1..01 C? llC,: TOTAl. EXI"'E:NlSI:::S :l ,()j,C?4<: Tm'AL CUr~I:~r::N"f l:liCl.l.nll" ~)t'~r7:L ..~;::f TlnAI.. D\JE, r~ICl..lJl)nl(~ l"'r~:[()I'~ lHI..l..J:h1r.l!:l :.~(), ('11 '? <!>:/, - .- J J. MICHAEL BRILL & ASSOCIATES, INC. M CONSULTING ENGINEERS B .wVOICE SUITE 112, 5010 RITTER ROAD M~CHANICSBURG, PA 17055.4828 (717) 691.0200 FAX (717) 691-7854 ~--,--- [ BIUSBEN COMPANY ATTN I LARRY MARSH 7800 EAST KEMPER RD CINCINNATI OH 54249 970835 08/31/97 ! 374 INVOICE NOI DATE I PAGE, "-- SiLLING PERIOD 08/01/97 THRU 08/31/97 JOB NUMBER I 713A DESCRIPTION, CHESTNUT POINTE MEETINGS ... TOTAL PROFESSIONAL SERVICES ... 6.00 HRS 382.50 TOTAL MEETINGS FINAL PLANNING CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BI~LING TOTAL FINAL PLANNING 382.50 " " 7,000.00 100.00 7,000,00 6,65-0.00 350.00 ADDITIONAL SERVICES PER CLIENT ... TOTAL PROFESSIONAL SERVICES ... 350.00 46.25 HRS 2,546.40 ..* TOTAL DIRECT EXPENSES ... TOTAL ADDITIONAL SERVICES PER CLIENT 60.00 EXPENSES REIMBURSABLE EXPENSES MILEAGE MISCELLANEOUS PRINTING & REPRODUCTION MAILING/HANDLING *.. TOTAL REIMBURSABLE EXPENSES *.. 2,606.40 TOTAL EXPENSES 3G.51 24.54 63.72 3.60 130.37 130.37 TOTAL CURRENT BILLING 3,469.27 TOTAL DUE, INCLUDING PRIOR BILLINGS .17,448.36 ...... ~,...- t,'- \~t. ~ ,~,~t\"'\ ~\\.\. \ ~ ~t,\. ~ ~~~~~ ~\t~ ~(!> <;;.'t\1!i ~\;~~ ~c:. ~~c~"".- \,~j..'" 1~i\. ~oo ~E> ~. I~""'/. ~O\ 01 '\.C't. !t't.\ ~ (jt., \~"o Ql' c;'t. \ , .e.\~~ ..-/ ~l' ~E> ~ ~ ~1' 011~...1 ~ ~ 'i!'t.~'\.OQ't~~U ~ ~~'\.~G,O...I~E> ~ .......-~'\.... 01 ~ ~ ~O.....~'t't. ~ &,~)o~\~?-Q ~ ~'t.'i>'t~U't /'" ...\:.~ C...d ~t?- 'lA~'/ ~ O~\ C ~?-'i> '\.'2>" )o.?-~ 'l-V". "'-0-- ~. 't'\. 00 ~?- 't~ \ '" l'-'i>'t "'.O~".Y~"", C~<,.'i! .,. ,,'t 0 't. ~,,'t'\....?"" Q't.'2> 1~~\\C~Y' .....-5~ ~ ...~)o """ .........- 1 .....C\:.'i> \ 'i>"'?-" ~'t ~'t.?- O~)o'" C'v<,.'t. ~ ~ \:.Sst ~'t.?- ,," ~O 'i!?-O'f <C'f.,'i> 'i> " '" ~" . ,,<,.C~ 'to't" S~ 'i>"'~ """ 't'\.O~)o'" '\.O~"", 'S;JQ.... ",S'" :t. ~ ?-o'C ~\ """ O't" '" ~ 't'\.O\" 'f.,S 't ~'2>",'i> 'to't" ~$"'S OQU~"f.'i!'f.,~S 'f.,"f.~~ ...." 'f.,1-V~ ?-'f.,~~C't ~ '\.fl.'f.,C\~G ~ Q'\.?-<;'; 'f.,~'i>'f.,S QV?-'\.~'t'tO't"'" ~ <(..1-~ .... ,,~\i !t.....O~ .. ~S 'i> ~UC; ...." ?-"'.....~:"G<(.. ~"'OU?-<(..~?-~G 'f.,~'i>'f.,S '^.....'" ~vv ~ ;y.... 'f.,1-~ :1,SC !t.....~G ~,,~Q '\.C'f., ~v'f., ~?-""'~V'\.~G/~<(..<(..'i> S",?-" 0?-Sl' ""'~.....<(..~ !t'\.\\G ?-'f.,.....~ ?-~ 't.....'^" !tlov 'f.,'i> 'to ...... 'f.,\\S"''2> <(.."f.<C 'to't )OV ~?-'i> ..,0 00 ",00' 00 'l.OO' ...0 ~').. ~'/. ,~O. ~'/. ,'ilO' .' oE> ').1' ~~ ,'O~. ...... '/.'0'0' t>' ~'l.' 00 ...1()' 01 ..."'\')' . <,)",1 . \0' ~~~ \0' ":II'/. " \\G'P \\c; 'Q\v'v..... \v'v.... <,.O?- ~'t ~ c; ~?- ~?-~ 0Q.....~ /ti-'v C; \~C'\i 'to <;;Ju'f.,. 'to'ti-'v .......... ---- - -, -------~ -'-- --- J M 8 J. MICHAEL BRIll & ASSOCIATES, INC. CONSUL TlNG ENGINEERS BRISBEN COMPANY ATTN. LARRY MARSH 7800 EAST KEMPER RD L~INNATI OH 54249 -'--- SUITE 112, SOlO RITTeR ROAD MECHANICSBURG. PA 17055.4828 (717) 891.0200 FAX (717) 691.7854 ----- -~--- INVOICE - ~ 374 INVOICE; NO. DATE. PAGE: 960635 06/30/96 1 509.63 JOB NUMBER, 713A ---------- ------SILLING PERIOD 06101/96 THRU 06130/96 DESCRIPTION, CHESTNUT POINTE GENERAL CONSULTING ~.. TOTAL PROF'ESSIONAL SERVICES h. TOTAL GENERAL CONSULTING MEETINGS ... TOTAL PROFESSIONAL SERVICES ..~ 8.75 HRS 'rOTAL MEETINGS 509,63 PRELIMINARY PLANNING CONTRACT JlMOUNT PERCENT EARNED TO DATE ANOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMoUNT OF CURRENT BILLING TOTAL PRELIMINARY PLANNING 20.25 HRs 1,269.13 1,269.13 REVISIONS ... TOTAL PROFESSIONAL SERVICES ... 8,500.00 95.00 8, 075.00 7,650.00 425.00 TOTAL REVISIONS 425.00 ADDITIONAL SERVICES PER CLIENT .~. TOTAL PROFESSIONAL SERVICES ~~. 237.75 HRS TOTAL ADDITIONAL SERVICES PER CLIENT EXPENSES REIMBURSABLE EXPENSES MILEAGE MISCELLANEOUS PRINT.lNG & REPRODUCTION MAILINGIHANDLING 13,317.38 13,317.38 u .00 HRs 2,335.00 2,335.00 32.32 75.64 487.26 42.22 , . ----- ~ T"'-t--r~ . -"--- J J. MICHAEL BRIll & ASSOCIATES, INC. M CONSULTING ENGINEERS 8 -..--- ---- INVOICE SUITE 112, 5010 RI1TER ROAD MECHANICSBURG, PA 17055.4828 (717) 691'0200 FAX (717) 691.7854 ~I BRISBEN COMPANY ATTN/BRENT W BRISBEN Dtv ASSOCIATE 7800 EAST KEMPER RD L:'NNAT' ::- ~--- ~----- ---' 374 INVOICE NO. DATEl PAGE, 960330 03/31/96 1 JOB NUMBER. --~ -llILLING PERlOlJ __ THRU 03/31/96 713A DESCRIPTION: CHESTNUT POINTE "- GENERAL CONSULTING ~~* TOTAL PROFESSIONAL SERVICES '" TOTAL GENERAL CONSULTING 10.50 HilS 727.50 SKETCH PLANNING CONTRACT AMOUNT PERCENT EARNED TO DATE AMoUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLlNG 727.50 TOTAL SKETCH PLANNING 1.500.00 100.00 1,500.00 MEETINGS ~~~ TOTAL PROFESSIONAL SERVICES ~~~ 1,500.00 1,500.00 TOTAL MEETINGS 10.25 Has SURVEYING CONTRACT AMoUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMoUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING TOTAL SuaVEYING EXIo'ENSES REIMBURSABLE EXPENSES MILEAGE MISCELLANEOUS PRINTING & REPRODUCTION MAILING/HANDLING ~.~ TOTAL REIMBURSABLE EXPENSES '" 802.50 802.50 4,500.00 100.00 4,500.00 4,500.00 4,500.00 10.80 69.25 110.62 2 .1& 192.81 . . . I ~-.... J J. MICHAEL BRILL & ASSOCIATES, INC. M CONSUI.TINGENGINEEAS B IN.VOICE SUITE 112, 5010 RITTER ROAD MECHANICSBURG, PA 17055.4828 (717)891-0200 FAX (111) 691-7854 L_ BRISBEN COMPANY ATTNIBRENT W BRISBEN 7800 EAST KEMPER RD CINCINNATI OH 54249 . --- DEV ASSOCIATE 374 INVOICE NO, DATE, PAGE, 960330 03/31/96 2 BILLING PERIOD THRU 03/31/96 JOB NUMBER I 713A DESCRIPTION, CHESTNUT POINTE TOTAL EXPENSES TRAFFIC STUDY CONTRACT At~OllNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING TOTAL TRAFFIC STUDY 192.81 6,000.00 , 20.00 1,200.00 1,200.00 TOTAL CURRENT BILLING .. 1,200.00 ~ -'----- ---- 8,922.81 TOTAL DUE, INCLUDING PRIOR BILLINGS ~q V) j \ 4 . <Ii . , . >. ('0') "" r;; Lr: I;; ~.~. i~ ""j U,t() ( , c'<--. ...,.... , r --~ '_ I ,", [- cc. I , e 1 Cl i .. , ,.... ~ /) ':i fl, h, I . : C1 l l ;" : , i.i "{ ...-~ " J_ i.-' I.'. (~, CJ C.t , I,) ~~.~ ,~ <t ~ J ~ ""' ~ lJ) ~ ~ ~ " '\(') r\ r.- ~G "< .... ".f()hnson, Duffle, Stewart & Weidner By: David J. Lanza I,D. No. 57782 301 Mllrko! Slrccl P. O. Bo" / 09 Lernoyne, Pcnnsy/vllnill J 7043-0109 (7/7) 761-4540 Altomeys for Plainti ff ......-- J. MICHAEL BRILL & ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-105. CIVIL CIVIL ACTION -LAW Plaintiff V. W.O. BRISBEN COMPANIES, INC., Individually and IJd/b/a BRISBEN COMPANY, and CHESTNUT POINTE LIMITED PARTNERSHIP, Defendants To the Defendant: NorlCE TO DEFEND You ha.. ""'" """ '" '"'" II "', "". '" d,~"" ,,,..,,., _"~ forth '" Ihe -.. "'" ,.. -,,"'" """'" .,". """Iv (20) d." ,,.,, '" """"",,, and ...... '" _d. by "Iert.., ..... -.... """"'Y ~ by "om,y ''''' .... '" wriII"" wIIh ", ""rt "'''' d'."" 0, 0_ b .. """" .., ""'" """""', YOU'm.._~" II,.. faI' b do " ''''' _ ""'" ,,-., """" "', and , - may "" "..d ....., "', by ~, """ wIJh,. """" "of" to, "'" _Y ",,_ '" ", "'",,",", " ,,, '"Y - ""m " mlOf """".d by Ihe p,,,,.., Y 00 may "'" """'" " pro",,,, " ,''''' rights Important to you. YOU SHOULD TAKE THIs PAPER TO YOUR LAwveR AT ONcE. IF YOU DO NOT IfAlIE A LAWYER OR CANNOT AFFORD ONE. DO TO DR TELE"-E THE OFFICE SET FORTH BELow TO FIND OUT WHeRe YOU CAN GeT LeGAL HELP, Cumberland County Bar Association 2 LIberty Avenue CarliSle, Pennsylvania 17013 Telephone: (717) 249-3166 ( ., COUNT I Breach of Contract 6. Plaintiff Incorporates the averments of paragraphs 1 through 5 as If fully set forth herein. 7. On or about February 6, 1996, Plaintiff and Defendants entered Into an Agreement whereby Plaintiff agreed to provide and Defendant agreed to pay for engineering services and general <;onsultlng In conjunction with Defendants' Chambers Hili Road projoct ("project"). A true and correct copy of the aforesaid Agreement Is attachen hereto as Exhibit "A". 6. Defendant Brlsben, In executing this Agreement, acted with apparent authority to bind Defendant Chestnut. 9. At various dales from May 20, 1996 through April 25, 1997, Plaintiff and Defendant entered Into various Supplemental Authorization Agreements whereby Plaintiff agreed to provide and Defendant agreed to pay for additional engineering services and consulting In conjunction with Defendant's project. True and correct copies of these Supplemental Authorization Agreements are attached hereto as Exhibits "8", "C", "0" and "E". 10. Defendant Brlsben, In executing these Agreements, acted with apparent authority to bind Defendant Chestnut. 11. Plaintiff has fully performed all of Its obligations under the aforesaid agreements. 12. Plaintiff has Invoiced Defendants (less credits) In the amount of $109,186.96 for the aforesaid services. True and correct copies of the aforesaid Invoices are attached hereto as Exhibit "F". 13. Defendants have paid only $85,012.92 and have failed to pay the remaining balance of $24,174.04 or any part thereof. 14. Payment was required to be made at Plaintiff's offices In Cumberland County, Pennsylvania. 15. Pursuant to the aforesaid Agreements, Defendants Is required to reimburse Plaintiff for all collection expenses, Including attorney fees In the amount of twenty (20%) of the balance due. 16. Plaintiff Is entitled to judgment In the amount of $34,230.44, calculated as follows: ~A. ~U..UAh'I;'ii( ~"'iI ~"'; ~O" "IL.t"'1 @ . .-""" ' .,.,' . " J. MICHAEL BRILL & ASSOCIATES, INC. CONSULTlNO ENGINEERS J M B SUITE 112. BOlO RITTER ROAD MECHANICSBURG, I'A 17058-4828 (717) 8111.0200 PAX. (717) 881.7854 SENT VIA fAX, ORIGINAL TO BE MAILED Jlnuary 17, 1998 P@1AllWrEJ.ID FEB 0 1996 J, MIchael Brill & AssocIates Consulting Engineers Mr. Larry M8rsh . Project MlnageT Brlaben Complny 7800 East Kemper Road Clncl'lnatl, OH 45249 RE: Proposed Apsrtmant Complex Situated on 10:t: aores along Chambers Hili Road Ilnd loosted In Swatara Town8hlp, Dauphin County, Pennsylvania J I? ~ AGREEMENTPOR PROFESSIONAL SERVICES JMB # . rrr m JMB ProJeot #713-A CI PROPOSAL 'if AGREEMENT Delr Larry: /0 CONSULTANT . COpv TO _~.__ It was a pleasure In both meeting and talking with you recently with regards to the above referenced project. Both J, Michael Brill & Associates, Inc" (JMB) and I am personally pleaaed to have the opportunity to lubmlt this Agreement for Professional Servloes for the project. For your Information, JMB has In exoellent relationship and reputation with Swatara Township officials haVing submitted many land development plans for review and approval. With the above stated, JMB would propose a scope of 8ervlces which I believe will meet your need8 for Site/Civil Engineering work required for the project, Tha respeotlve Icopu-of.work Is based on Information dlsoulsed In our meeting and telllphone conversations end general dlsousslons that we have had with Township Officials and are as follows: 1. Provide General Consulting services for the project, This work may Inolude, but not be limited to reviewing existing plans, reports and other Information; contacting and Obtaining Information from the municipality, county snd other government offlolals regarding the project; ooordlnatlng with and Obtaining Information from client, client representatlvea, out81de developers, outside engineers, outside oonaultants, archlteots and others regarding the projeot; and perform other baokground end general oonsultlng work for the projeot as required, 2, Perform topographic and utility surveys for the 10:1: acre trect. Aerial topography will be utilized with oontours at two (2) foot Intervals extending beyond the property linea by . minimum 60 feet. Also topogrephy will be obtained for the abunlng roedwaye extending beyond the property lines and along the roadways at least 200 feet. Thus, the total area mapped will be a minimum of 14:t: acres. This work will also Include researoh end Obtaining deeds and plans at PennDOT, Dauphin County Courthouse and Swatara Townehlp. 3, Prepare a base aheet whloh Includes the Information obtained In Items #1 and #2, Thla plan will be done In AutoCADD (Release 131 and will be the basis for the deSign of the site, 4. Prepare Site Conoept Plans which will Indloate proposed locations of bulldlng8, parking/driveway layouts, curbs, sidewalks, outdoor spsces and elements and will Incorporate additional Information provided by you and others, The work wllllnolude verification of Zoning Ordlnanoe compliance. This Plan will be done using the ba8e 8heet created In Item #3 above. Thla work will be done In CADD format, MEMBER CONSULTING ENGINEERS COUNCIL OF PENNSYLVANIA ".:. .. I, " J. MICHAEL BRILL" AISOCIATES, INC. lerry Mareh January 17, 1996 AGREEMENT POR PROFESSIONAL SERVICES JMB Projeot 1713.A Page 2 .6, . Prepare and submit both Preliminary and Flnsl Site Development and Conatruotlon Plans Inoludlng the required Land Development Plena for munlolpal review and ultimate 81tfl oonetruotlon. The aite plans will be based upon the Site Conoept Plan found to be acoepteble In Itam 4 ebovD. Thla work will be done !n CADD format, This work wllllnolude a out/flllatudy prior to fln811zlng the Grading Plan. Thl8 work wllllnolude the following: A, Prepare Gradlnll & Utilities plan whloh will Inolude mounding areas at appropriate looatlons on the elte. B, Prepare a one (1) eheet aeparate landsoaplng and 81te lighting plan whloh will Indicate plant looatlons, a plant schedule and also neoessary notee and details related to 8ame. The site lighting design will be done by others contracted directly by the client and the looetlons of poles will be provided to JMB for location on the Grading/Utilities Plan, 6,. Prepare all eppllcable Preliminary and Final design caloulatlons and reports nece8lary for lend development plan review (I.e, -storm water menagement report, ator.m 8ewer design oaloulatlons, erosion end eedlmontatlon control narrative, etc,l. 7. Prepare end submit ell appllc8t1ons end make eubmlttala neoe8lery for both Preliminary and Final Plan review and ultimate alte construction (I,e. . Municipal eubmlsslona, County Conaervatlon District submissions, DER sanitary sewer modules, etc.), 9. Attend all required meetings with cllent, client reprosentatlves, muniCipal officials, munlolpel authority officials, utility offlclals, state officials, contractors, attorneys, etc, 10. Provide coordInation with utility oompanles and provide servloe layoute as per utility oompeny requirements (I.e. . water, sewer, gas, electrlo, communications, eto.), 11. Revise plens and report to meet comments by the government officials and other reviewing agenclee Involved in the project, 12. Complete trafflo counts and prepare e Traffic Impaot Study with respect to the prop08ed development aa It effeots Chambers Hili Road and Harrisburg Street. However, lrafflc algnsl and/or traffic signal modification plans will not be prepared as a part of this Agreement. Work for this Study will Include the following: A. Perform traffic counts at Harrisburg Street/Chamber. Hili Road Intersection: 3 . 24 hours tube counts 2 . peak hour oounts (weekday/weekend) \ J. MICHAEL BRILL .. AIIGCIATES, INC. Larry Marlh .Ianuary 17, 1998 AcaREEMENT paR PROPESSIONAL SERVICES JMB Project 1713.A Page 9 Failure to Pav Involc.. If III, lome or a portion of Involaes Ire not paid to ENGINEER Ind ENGINEER would file 8n lotion to collect amounts In default, CLIENT agrees to pay all of ENGINEER'S court C08ts and reaaonable attorney's feet of twenty 120%) pllrcent of the total amount due along with amount of Involoea out.tandlng, ENGINEER will continue to Imp08e Interest Ind attorney'8 fee8 dally on all8ums owed to ENGINEER at the rate provided In 'the Engineering Agreemsnt for Professional Services until payment la reoelved In full even If ENGINEER haa obtained judgment against CLIENT. ' SU'Del\lJon fDr Non.Psvment Payment to the ENGINEER Is a material consldaratlon of this sgreement, Therefore, the ENGINEER has a right to auspend Rervlces for non-payment, The ENGINEER shall not be liable, nor In any way be reaponalble for damage8, delays or Increa8ed costa that may ocour as a result of the ENGINEER'S auapenalon of 8ervlce8. The CLIENT ahsll hold harmleeR, Indemnify and dafend the ENGINEER for c/alm8 that arise due to any suspension. Benaflt of Servloea The CLIENT agrees thst It will Include In Its' agreemllnt with any Contractor and/or Construction Manager the fOllOWing cllluae: The CLIENT and the ENGINEER aoknowledge that nothing In the CLIENT'S engagement Implla. any undertaking by tha, ENGINEER for the baneflt of, or which may be enforced by lhe Contractor, or Its Sub-Contractors, or the surety of any of them; It being understood that the ENGINEER'S obllgetlons are to the CLIENT end thet, In performing euoh obligations, lhe ENGINEER may Increase the burdells and expense of the Contractor, or Its' Sub-Contractors, or the aurety of any of them, \t" AdditIonal Enalneerlno Services If It Is the CLIENT'S request to proceed Into further 8tages of development, the ENGINEER egre.. to enter Into aeparllte agreements for additional engineering services, These agreementa will be apeclfloally prepared 10 represent the Scope of work at 88ch .ubsequent phase of development. Revl,'onLbv Client The plans, report8 and other deSign Information preparelf by ENGINEER will be baaed on the alte concept plan accepted by the CLIENT, If design or revisions are made to plans at the request of CLIENT after work has 8tarted, during process, or after completion of the plan, the CLIENT and ENGINEER agree to conalder ssld rovlslons as additional work to the Total Cost of Phases found In lhl8 Agreement. Thus, additional time will be Invoiced at hourly rate8 outlined under COMPENSATION FOR ADDITIONAL WORK, ", '. J. MICHAEL BRILL .. ASSOCIATES, INC. Larry Marah January 17, 1998 AGREEMENT paR PROFESSIONAL SERVICES JMB ProJact 1713.A Paga 11 Con.tructlon Review The CLIENT reoognlze8 thlt construotlon rlvlew Ie I vltel element of the ENGINEER'S completlt aervloe, provided to minimize probleml during conatructlon by permitting detention of and/or rapid reaPOnS' tll unantlolpated or changed condltlona, or errors or omlulonl committed by dealgn professlonsle, contreotora, materials provider or other8. The CLIENT also reoognlze8 that no party la 18 Intimately familiar with the ENGINEER'S Intent8 18 the ENGINEER Ind those the ENGINEER prepsres for l'1d a..lgna to reviewing taaka, Accordingly, the CLIENT Iureel to retain the ENGINEER to review conatrucllon, Ind the ENGINEER agrees to as81gn to the reviewing funotlon person. qualified to observe end report on construction of the ENGINEER'S reoommendetlons, pia'll and speclflcatlon8, and the quality of work performed by oontraotor8, et el. The CLIENT reoognlzea that construction review II I technique employed to minimize the rl8k of problems erlslng during con8tructlon; that construotlon rlvllw by the ENGINEER Is not InsurancI, and dOe8 not constitute a warranty or gusrantee of any type. In III C"la, contractors et al. (thst Is, the genersl contnlctor, eubcontractors, subaubcontrlctors, materials persons Ind others) ahall retain responsibility for the quality 01 their work end for edherlng to plans and epeclflcatlons. Construction review will be done on en hourly baal8 end will be doni under I leparlte agreement or aupplementll authorization under thl8 egreement. Should lho CLIENT for Iny rlason not retain the ENGINEER to review construction, or should the CLIENT unduly r..trlct the ENGINEER'S eulgnment of persunnello review construotlon, or 8hould the ENGINEER at the direction of the client for any reason not perform construction review during the full period of conatructlon, the ENGINEER shall not have the Iblllty to perform a complete eervlce. In suoh ,I c..e, the CLIENT walvee any claim agelnst the ENGINEER and agrees to Indemnify, defend end hold the ENGINEER herml888 from any claim or lIeblllty for Injury or 1088 1r181n" from problems during construction thst allegedly result from findings, conoluslons, reoommendatlone, plans or speolflcatlons developed by the ENGINEER. The CLIENT elso egree. to compen.ate the ENGINEER for any time epent and expenses Inourred by the ENGINEER ''1 defenle of eny iuoh claim with euch compen8stlon to be b..ad upon the ENGINEER'S prevailing fee schedule end expense relmburaement policy. M O'jlrnarshlD of Documents 'Plan., reporta, 8peclflcstlon8, end other document8 prepared and/or obtelned by ENGINEER es Instruments of service, 8re end shsll remsln the property of the ENGINEER, whether the project for which they are Intended I. executed or not. The CLIENT ahall be permitted to retain copies, Including reproducible coplea of plsna end speolflcatlon. for Information and reference In connection with the CLIENT'S use end occupancy, The plsns, reports, epeclflcstlons and other documents prepared end/or obtelned by the ENGINEER shell not be u8ed by the CLIENT on other proJecta, for eddltlona 10 thl8 projeot, or for completion of lhla projact by other8, exoept by egreement In writing with lhe approprlete compensetlon to the ENGINEER, provided the ENGINEER I. not In default under this Agreement, J. Mlcheel Brill &. Associates, Inc, eppreclates your Interest In our firm and the opportunity to submit this Agreement for Profeaslonal Services to meet your project schedule, ExhlbltB .'1' ~!Mt""\A, hl>i"'~,F,' ,-"d It--., .<DI. . "'-"'''W Elchlblt C '..I, ; I "" ",,~,.. , , , , &hlblt [) I:v"lhIt I: lIiI....lhlt IJl i,' z.o~~~\.oo ~ ,- -- " _.---- J J. ""CHAt\. 8ft'\'\. II lSSOC'~lESI "tC. M CONSUlTING ENGINEERS 8 SUITE H2, SOlO RI1iER ROAD MEC\-IANICSBURG, PA 170&&.~S28 ~717) 891.0200 f~ ~717) 891.7854 .mVOl~ (7'7 '1. o~~t" 1 0 I;; \.1'/7 ',I. '371.\ nIV01Cr. ~\OQ nA'l'1::',Q PAGEl l t\\aE\fllU4 Cl.\NF'Al-l'l' A'T'TIo1 Q LAr~r,'l' \'\A\;:\3H "~IOO l'.AErr KE~\pr~l~ I~ll c:r.~IC!"'lo1A"l ()\,I !>l\~~49 ~- -~- . DEf:lel;:!P,'!l)14Q CHCtl1'I4UT 1"())"\o1'H\', -.--- i.I1I..LnIO f'lc(~!Ol) 10/01/97 'nll'~1.I 'j,O/~i1/<J7 _.--- -..--' - ~_.- "/13A ,,ofI l'I\JI'\l.'!t::R Q 6~O.()() <?~O HRS\ b~O.()O ~\t::f.l' ',( ~IGS 'l\l*l\( TOTAl.. pgonc~\~\'H"ltll'll. E\F..r~V!(:r.\3 **'/(. 'l;97r,'_2't) 'TOW'l\... ~\ti.E:il 101\313 36.Z~ HRf:l AI)t'I!.'T!O~\AL aErNll~ES PE:l~ Cl_1f~~\'1' **l\( "OTAL pg{)r-f,s~nO\o1A\- I3F.RV1Cr:.S l\(l\<l\< **'/1. TOTAI- DIRE.CT EXf'El-lSES *** TOTAL APDlTIOHAI... Hr:.(W1t~ES Pc,R Cl.ll,Wf l,l(f'F.N\'.\\::~') *** TOTAL, pgtlFlcS\3l()\-oIAI.. SE'.RV1CltS **'/1. z . liO Hr~13 112~ t)!RECT f.,l(P\::'14\\lf~S OTHER *'fI,* TOTAl- DlREtCT E)(\"E\4S\?:S *'** RI;.l~mlll~SAfJl,r::: EXPEH\3Et1 \'Ill.f:A\3E: \'I,,tSCELLA\-oIEOUS F'R1NT1l-IG So. (~".PROPUCTlOl-l \'1A1l_nIG/HAl-\UU:lo1G *** TOTAL r~I\:ll'mUI~E\Atl\.lt E'l<f'I,14sr:.13 l\('/I.l\( "O"AL E)(\,'E14SES TOTAL CURrd.:.14'" t\:tL\.I140 ,.I)'TAl. DUr:., INCLUDING pr<10R 111,1...\...114139 713.7'3 1':57.~O E\.7~ a:'~ 1111 .61\ 3.90 110.16 11.1\0 1"/0.10 ':S16.'3!> 3,021\..Zt't 23,a43.96 f1h"t,' r:r "'138 **1/1 rrJ',. I.. At.. F:'~', r07'Il/.. """." \CJP'f:tlt"J,'ONl'iL "IF:t;, r1:/V"" . t;f:Fi'vJ:C~'" '-'", .r,., *** l'il>1>J,'r1;ONA/.. Sf:l,', . **11< rlJrAL" \V~Cl'E; "'t::r.. , .. . F'F\'O""li""',. \ CI"J:Ei:N" 'OrA' "<''''~0^/1'i .. A/)l>.l'r1' l. S{::Fi'V1c. , . 'O/VIll. $1:':1'.' . . Ei:s *** f:.X""L~""tl[i.'S .. , 1.11. Cl;S "'/:(;: , "'{:'/I c'-,1't;/lir ' . 11:tU(;:I!lIl(t _ fill "''''''t. /..t, <""i""'''" "I:ts~~"'<:. <.", ''''''8r::&, F'Fi:/N'.,.~~/..ttj^'t;OIJS :~~1;I:f./VO~f4~~t':~~'O/)llcr 10,., OrAL Fi'1!:: "0 '1'0,. .. \ ,,:r"'F.tlJF\'SAli At.. I!:.")(".""."".. I.II: it>.;",,,..,,,,. """"~S ':"''''li.S *** / lIlJ '--------- """, -----.........------ JlJlfO/c& ~..""'.~ ""I. ___ ~ . ',...., ..1't7'r':;:,&~", 7'o"''''AN\' ------_________ F*!:'~::'o()21 ,,"00 '. s" """",,, I.", cJ,''''C.1'N1''A'':r. ....,~ '0 ___________ " 0" "', .>, ____ . . "<" '''''0/ . ------- , Cl.; "'0, ------., DArt., $I,., F'p,f.'Ii: Os> /':'1, F.t~ . '''', ". -l..1.Nl~ r"".,\',rOl)___~ O(il/()1/9":r /)/~I"l"I" , . r"'/'i'(1 O~'/"O ....", .~ /P'r.tON n -.........:.. " "1'(1 ( '~.;'9;> CNI:'!:lrNIJ.,. "Dr.". _______________ 1"Ol^tr/::: .. .. ",rva'IVEERS" 11880CI4rE8, INC. ------~ I,l()f:I "ILJt"~.,,..... -'a",:".\,# ~1.,:r4 " .. ~,~. ? I~ I'IF",,~ , \f.~ ::r;> <>., " ."'" [1Ii'$ ::?::Jt,;I '> '" ro,.(.',/.. CIJF\'I'i'p';:"'r III 7'O'4f.. 1"L.:rNG .. /)LJEi.. 1; /VeIIJ/) . , .. ,1./1{0 F'(",1'o(;: " . l~.7.I.t..:rNG$ :Sit J;>.l..;.~. <o.&~S'.1f, <::1t; ,,, . ., <",tJ,!:.1 .,.. Wo. " ,,' </I:Z.l<,.,-S IIlII""'" ...../ ,//,,,/: ~~\~\.~' . ~~t!O ". ~\.\. ~ ~\. ~ ~\~~~ ~ ~e~ ~e~ ,,,- ~ O\~" ~ v: ~\ ~o""(; <;)~<ty~\ ~ ~ ~ I~ o~/ ~/ I~'" ~/ ~'"~~~~-vc"\ ~~<c- "\ <t ~~y o\.IOJ /<Q.......,...,C11 ~ ~~<t ~o ,,/ ~<t ,/ ~?~ C~ o~\ ~<t.. C~.... <;)~CJ ,,':'1 1~. 'Io'~ ~q 1~' ~. 10' 0' ,./ // ~~ ~~~ ~?~ ~<;) ~ CO ~ ~~~~~ $<Q'f,; ~<c-<c- 'i-V <Q~"" ~\..., ~'iJ<t h ~<t<t 0 ~ ,,'00 "\\..,~ ~<c-? '0'0 ~. \.'0 \.'10 . '10 '0 \. '10..." . ",,,,,,, c~? ~~.... 'iJ<;;' ~~..., ~....o ",'" 'i,'iJ" c;. 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Rinehart ^$$i$101lt Chief [)llputy Rnlph G, MeAllister ChicI' Uepldy William T, Tully Solicitor Dauphin COIffity Hanillburg. Pennsylvania l7lot ph: (717) 255.2~.i(J 1'1Ix: (717) 255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania J MICHAEL BRILL & ASSOCIATES INC v. County of Dauphin W 0 BRISBEN COMPANIES INC Sheriff's Return No.0140-T - ..1999 OTHER COUNTY NO. 99-105 AND NOW: January 27, 1999 at 4:05PM served the within AMENDED COMPLAINT & NOTICE upon W 0 BRISBEN COMPANIES INC T/D/B/A CHESTNUT POINTE LIMITED to DEAN WE IDNER by personally hancUng 1 true attested copy(ies) of the original and making known to him/her the contents thereof at 508 N 2ND 3T HARRISBURG, PA 17101-0000 Sworn and subscrib~d to befor~ me this 1ST day of FEBRUARY, 1999 So Answers, Jf~ ::"~CZ" ~uty Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RC PT NO ~~.~~ PROTHONOTARY ET /MS ". ('l r-1" .- ,"- ~ "j i u . ('.,; <:1' , I I... , , I r , " \ , , , I (; r i I . 0',-- ..,. lfl 0', (.,) ~ /)I u.i G\ Z g Q ~ .... ;;: t;; ~ to < ~ ;:> ::!- ~ ~ ... i\ ~ ~ '" ~ ~. ~B~~I~~ UJZ:JZ IJ)- ()"QZ~~ Z 0 III UJ ~ ~ f. 0 '" - 0 t;: ~ \l ~ ~ ~ ;:J ~ . "' f- >< :2 - <( ~ ~ X J. MICHAEL BRILL & ASSOCIATES INC. / Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-105 CIVIL TERM W.O. BRISBEN COMPANIES, INC., individually and t/d/b/a BRISBEN COMPANY, and CHESTNUT POINTE LIMITED PARTNERSHIP / Defendants CIVIL ACTION - LAW ANSWBR TO COMPLAINT WITH NBWMAT~BB- AIL~ AND NOW, come Defendants, W.O. Brisben Companies, Inc., individually arid t/d/b/a Brisben Company/ and Chestnut Pointe Limited Partnership, by and through their attorneys, Wix, Wenger & Weidner / and file this Answer to Complaint with New Matter and counterclaim, stating the following: 1. Admitted upon information and belief. 2. Admitted with Clarification. W.O. Brisben Companies, Inc. is an Ohio corporation qualified to do business in Pennsylvania. 3. Admitted with Clarification. Chestnut pointe Limited Partnership is an Ohio limited partnership qualified to do business in Pennsylvania. 4. Admitted. 5. Denied. OOUIIlT .I BROOH 01' COIllTRAOT 6.' Defendants' paragraphs 1-5 hereof are incorporated herein by referenoe as if fully set forth. 7. The Agreement is a writing whioh speaks for itself. Plaintiff's allegations are denied to the extent they are not wholly oonsistent with the Agreement, and strict proof is demanded. 8. Plaintiff's paragraph 8 states a conclusion of law to which no answer is required. 9. The Supplemental Authority Agreements are writings which speak for themselves. Plaintiff's allegations are denied to the extent they are not wholly consistent with the Supplemental Authority Agreements, and strict proof is demanded. 10. Plaintiff'S paragraph 10 states a conclusion of law to which no answer is required. 11. Denied as stated. It i.s admitted only that Plaintiff completed some of the services requested and authorized by Defendants. By way of further answer, Defendants fully paid Plaintiff for all requested and authorized services completed by Plaintiff. 12. Admitted in part and denied in part. It is admitted that. Plaintiff delivered invoices to Defendants. It. is specifically denied, however, that Defendants owe any amounts to Plaintiff, and strict proof is demanded. Defendants 2 inoorporate herein by referenoe their answer to Plaintiff's paragraph 11 as if fUlly set forth. 13. Denied. It is speoifically denied that Defendants owe any amounts to Plaintiff, and strict proof is demanded. Defendants incorporate herein by referenoe their answer to Plaintiff's paragraph 11 as if fully set forth. 14. DenJ.ed. Nothing in the Agreement requires payment to be made at Plaintiff's offioes, and striot proof is demanded. 15. Denied. PlaJ.ntiff's paragraph 15 states oonclusions of law to whioh no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff is entitled to any amounts from Defendants, and striot proof is demanded. Defendants incorporate herein by reference their answer to Plaintiff's paragraph 11 as if fully set forth. 16. Denied. Plaintiff's paragraph 16 states conclusions of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff is entitled to any amounts from Defendants, and strict proof is demanded. Defendants incorporate herein by referenoe their answer to Plaintiff's paragraph 11 as if fully set forth. 17. Admitted in part and denied in part. It is admitted that Plaintiff has demanded payment from Defendants. It is specif ioally denied that Defendants owe any amounts to 3 Plaintiff, and striot proof is demanded. Defendants incorporates herein by referenoe their answer to Plaintiff's paragraph 11 as if fully set forth. WHEREFORE, Defendants respectfully request that: this Honorable Court grant judgment in their favor, and grant such other relief as this Court deems just and appropriate. COUNT II IN QUANTUM MERUIT 18. Defendants' paragraphs 1-17 hereof are incorporated herein by reference as if fully set forth. 19. Denied. Plaintiff's paragraph 19 states a conclusion of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff fully performed engineering services and general consulting services for Defendants at Defendants' requests, and strict proof is demanded. 20. Denied. Plaintiff's paragraph 20 states a conclusion of law to whIch no answer is requIred. To the extent this Court deems an answer is requIred, it Is specifically denied that PlaintIff oonferred any benefits upon Defendants for which Defendants have not fully paid Plaintiff, and strict proof is demanded. To the contrary, Defendants suffered substantial losses as a result of the services improperly performed by Plaintiff, as set forth more fully below. 4 2],. Denied. It is specif iOlllly denied that Defendants a\,\thor hed all work performed by Plai.ntiff, and strict proof is demanded. 22. Denied. Defendants are without information or knowledge suffioient to anSWsl:' Plaintiff's allegations of what PlainUft expected. However, by way of further answer, Plaintiff had no reason to expeot remuneration tor work which i.t did not complete. 23. Denied. It is specifically denied that Defendants were aware that Plaintiff expected payment for work which it did not complete, and striot proof is demanded. 24. Denied. It is speciHcnlly denied that Plaintiff is entitled to any amounts sought, and strict proof is demanded. By way of further answer, Defendants fully paid Plaintiff for all requested and authorized services Plaintiff completed. 25. Denied. Plaintiff's paragraph 25 states a conclusion of law to which no answer is required. To the extent this Court deems an answer is required, i.t is specifically denied that Defendants were unjustly enriched by any conduct of Plaintiff, and str ict proof is demanded. By way of further answer, and contrary to Plaintiff's allegations, Defendants suffered substantial losses as a result of the work improperly performed, and not performed, by Plaintiff, as Bet forth more fully below. 26. Plaintiff's paragraph 26 states a conclusion of law to which no answer is required. To the extent this Court deems an 5 answer is required, it is specifically denied t.hat Defendants owe Plaintiff any amounts and that any value for services is due to Plaintiff, and strict proof is demanded. WHEREFORE, DOfendants respectfully request that this Honorable Court grant judgment in their favor, and grant such other relief as this Court deems just and appropriate. COUNT III 27. Defendant's paragraphs 1-26 hereof are incorporated herein by reference as if fully set forth. 28. Denied. Plaintiff's paragraph 28 states conclusions of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Defendants owe Plaintiff any amounts, and strict proof is demanded. To the contrary, Defendants have paid Plaintiff for all requested and authorized services completed by Plaintiff. . 29. Admitted in part and denied in part. It is admitted that Plaintiff has made demands for payment. It is specifi.cally denied, however, that Defendants owe any amounts to Plaintiff, and strict proof is demanded. To the contrary, Defendant have paid Plaintiff for all requested and authorized services completed by Plaintiff. 30. Admitted in part and denied in part. It is admitted tha'c Defendants refuse to pay Plaintiff any sums. It is specifically denied, however, that Defendants owe any amounts 6 to Plaintiff, and striot proof is demanded. To the oontrary, Deferldanta have paid PlaintHf for all requested and authorized servioes oompleted by Plaintiff. WHEREFORE, Defend:lnts respectfully request that this Honorable Court grant judgment, 1n their favor, and grant suoh o'ther relief as this Court deems just and appropriate. NO MATTER 31. Defendants' paragraphs 1-30 hereof are incorporated herein by referenoe as if fully set forth. 32. On or about February 8, 1996, Plaintiff and Brisben Company entered into a contract (herein, the "Contract") whereby Plaintiff agreed to perform engineering !!Ind consulting services in conneotion with the construction of an apartment complex in Swatara Township, Dauphin County, Pennsylvania (herein, the "Apartment Complex"). 33. During the course of the Cont.ract term, Defendants paid various amounts to Plaintiff on various invoioes. 34. During the pendency of the Contract term, and after various payments to Plaintiff, Defendants determined that Plaintiff had not performed its obligations under the Contract, or had performed them in a substandard and unacceptable manner. 35. Defendants demanded that Plaintiff complete the services required and cure the defects in its performance. 7 36. Plaintiff was unable to oomplete the servioef:l required and oure the defeots in its performanoe. 37. . Plaintiff hreaohed the Contraot as stated more fully above and herein. 38. Defendants believe and therefore aver that the amounts being demanded from Plaintiff represent charges for incomplete or substandard work and for Plaintiff's attempts to complete the work required and oure the defects in its performance. 39. Defendants are not obligated to pay PlaIntiff for charges incurred by Plaintiff in its attempts to complete the work required and oure the defects in its performance. 40. Defendants are not obligated to pay Plaintiff for work which Plaintiff did not complete. 41. As a result of the inoomplete and defective work performed by Plaintiff, Defendants were caused to expend substantial sums of money to effectuate the completion of the work Plaintiff was to provide under and related to the Contract. 42. Defendants have performed all Qf its obligations pursuant and related to the Contract up to the time of Plaintiff's breach thereof. 43. Each paragraph of Defendants' Counterclaim hereof is incorpQrated herein by reference as if fully set forth. WHEREFORE, Defendants respectfully request that this Honorable Court grant judgment in their favor, and grant such other relief as this Court deems just and appropriate. 8 QQl!IITBROLAIM 44. DefeI1dants'. paragraphs 1-43 hereof are incorporated herein by reference as if fully set forth. 45. Pursuant to the Contraot, Plaintiff was to provide to Brisben Company general consulting and engineering services, all as more fully outlined in the Contract. 46. Plaintiff had a duty to discharge its obligations purauant to the Contraot in a good workmanlike manner in accordanoe with generally accepted engineering and consulting standards. 47. At a time when Defendants believed that Plaintiff had performed all services requested and authorized by Defendants, Defendants paid Plaintiff various amounts alleged by Plaintiff to be owed under and related to the Contract. 48. SUbsequent to making said payment to Plaintiff, Defendants determined that Plaintiff had not performed its obligations under the Contraot, or had performed them in a !lubstandard and unaoceptable manner. 49. Defendants demanded that Plaintiff complete the services required and cure the defects in its performance. 50. Plaintiff was unable to complete the serviues required and cure all of the defects in its performance. 51. Plaintiff breached the Contract as aforesaid. 52. Defendant are entitled to be reimbursed by Plaintiff for the amounts Defendants paid to Plaintiff which Plaintiff alleged 9 to be owed under and rel&t~d to the Contract but whioh were not owed as a result of the inoomplete. and defeotive performance by Plaintiff. Until disoovery is conduoted, Defendants are not able to allege the amount of such paym~nts with specifioity. 53. Plaintiff's breaches of the Contract directly and proximately caused Defendants to lose time on the construction schedule and profit related thereto. 54. Plaintiff's breaches of the Contract directly and proximately caused Defendants to expend in excess of $40,000 to effectuate the completion of the work Plaintiff was to provide under and related to the Contract. 55. Plai.ntiff's breaches of the Contract directly and proximately caused Defendants to incur substantial additional costs to complete the Apartment Complex, all of which Defendants would not have incurred but for Plaintiff's breaches of the Contract. 56. Plaintiff's breaches of the Contract directly and proximately caused Defendants to experience vacancy losses in excess of $319,000. 57. Plaintiff's breaches of the Contract directly and proximately caused Defendants to incur interest charges in excess of $270,000. 10 49, Den/ed. It Is denied that Defendants made any such demand, 50, Den/ed. Plaintiff has completed all services required, Plaintiffs services have not been defective, 51, Den/ed. Plaintiff has not breached the contract. 52, Den/ed. Defendants are not entitled to be reimbursed In any amount. By way of further denial. there has been no incomplete and/or defective performance by Plaintiff, By way of further denial, Defendants are not able to allege the amount of "such payments" because there are no amounts due and owing from Plaintiff to Defendants, 53, Dan/ed. Plaintiff has not breached any contract. By way of further denial, to the extent Defendants have lost time on any construction schedule or any profits related thereto, such losses result solely from Defendants' own conduct, Including Defendants' refusal to construct the project In a manner consistent with the plans which Defendants submitted to Swatara Township. 54, Den/ed. Plaintiff has breached no contract. By way of further denial, to the extent Defendants have incurred losses, such losses have resulted solely from Defendants' own conduct, including construction of the project in a manner inconsistent with (1) the plans which Defendants submitted to Swatara Township and (2) generally accepted engineering principals, 55, Den/ed. Plaintiff has breached no contract. By way of further denial, to the extent Defendants have Incurred losses, such losses have resulted solely from Defendants' own conduct, Including improper site grading in a manner Inconsislent with the plans prepared by Plaintiff and which Defendant submitted to Swatars Township. 56, Den/ed. Plaintiff has breached no contract. By way of further denial, to the extent Defendants have Incurred losses, such losses have resulted solely from Defendants' own conduct. 57, Den/ed. Plaintiff has breached no contract, By way of further denial, to the extent Defendants have incurred losses, such losses have resulted solely from Defendants' own conduct. f~,; '" ~-~ f, ;,:,~ .::; --:, ,~rr , . ~j .} , ~-r~ L'_ . :-j ,. (i) (';1 'j ? , ..>~ ,. iT(i] .. .;h! {,'l... :i~ I.;, C'\ :::'J () (J''t r. j ....... -- t:~ Cl [:' -.. ,.... .~'i ,<. 1-," .. :~:) ..;(, lJ t~~,~: ..u I )r_~ ( )(L- ~,.. '.:)~:? <~~ i _,' ~'" ,---,:3 l~' >: f>- ',~' t -)5!= \]'Cl IJ) "{n " ,,'~:~ flY , li~l~~:\ ' , , '_;;l[D st..- .-"} {~;1o... I "J L5 0' ") en D , , , Johnson, Duffie, Stewnrt & Weidner By: David J. Lanza I.D. No. 55782 30 I Markel Street p, O. Box 109 Lemoyn", Pennsylvania 17043-0109 (717) 761.4540 Attorneys for Plllintiff -'- J, MICHAEL BRILL & ASSOCIATES, INC" Plaintiff IN THE COURT OF COMMON PLF.AS OF Cl)MBERLAND COUNTY, PENNSYLVANIA NO. 99-105 Civil CIVil ACTION - LAW v, W,O, BRISBEN COMPANIES, INC" Individually and tldlbla BRISBEN COMPANY, and CHESTNUT POINTE LIMITED PARTNERSHIP, Defendants PRAECIPE TO SA T1SFY, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned acllon sallsfied, settled and discontinued. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: fl-<-v~~ David J, Lanza Attorney 1.0, No, 55782 301 Market Street P,O, Box 109 lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff '- Dated: 1:;ldbL :145846 tr~ 01 ~: I.(; ~1' '~L ,(,,, )~~ .. :::'-:1' , 0'\ !)/,~ . ; , :;"c. ,"Jtt. ,,"t ',e,:\:::} ~ \ ,- '/ '~~ ;1' (Y'j .'i,? fJ) hI I );;.; '~',~, i (t' "'. LT I >"" ,,1(1:1 , I";,: "H1- , :C .q. .~.... , , ".:.1 () 0 1.>