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Home My WebLink About99-00766 BREHM-LEBO, ENGINEERING, INC., Successor in Interest to . STATLER-BREHM ASSOCIATES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99- 'It- (. Cu.>J /b-> HPT and ASSOCIATES, INC. Defendant JURY TRIAL DEMANDED COMPI,AINT AND NOW, comes the Plaintiff, Brehm-Lebo, Engineering, Inc" Successor in Interest to Statler-Brelun Associates, Inc., by and through. its attorneys, MARTSON DEARDORFF, WILLIAMS AND OTTO, and hereby avers as follows: 1. Plaintiff Brehm-Lebo, Engineering, Inc., Successor in Interest to Statler-Brehm Associates, Inc., is a Pennsylvania corporation with a place of business at 26 State Avenue, Suite 102, Carlisle, Cumberland County, Pennsylvania.. 2. . Defendants HP'I: and Associates, Inc., is a Tennessee corporation with a place of business at Cummins Station, 209 10th Avenue South, Suite 313, Nashville, Davidson County, Tennessee. 3. At all times relevant hereto, Plaintiff was in the business of providing professional land developmenf services including, but not limited to, engineering, planning, and surveying. 4. At all times relevant hereto, Defendant was trading and/or doing business under the corporate name ofHPT and Associates, Inc. 5. At all times relevant hereto, Defendant HPT and Associates, Inc., acted through its agents, primarily Mr. Russell Morris and Mr. Brad Thomason. 6. At all times relevant hereto, Mr. Morris and Mr. Thomason were agents of Defendant HPT and Associates, Inc...with the power to enter into binding contracts for Defendant." 7. On several occasions during times relevant hereto, Defendant HPT and Associates, Inc., through its ag~nts, corresponded by mail, telephone and facsimile with Plaintiffs office in Carlisle, Cu~berIand County, Pennsylvania. 8. . At all times relevant hereto, Plaintiffs agents initiated, oversaw and coordinated all business from their office in Carlisle, Cumberland County, Pennsylvania. 9. At all times relevant hereto, Plaintiff required and expected payment for all services provided be made to their office in Carlisle, Cumberland County, Pennsylvania. COlJNTl BREACH OF CONTRACT 10. Paragraphs I through 9 are hereby incorporated by reference thereto as set forth herein. II. During October 1995, Defendant HPT and Associates, Inc., through its agents, contacted and sought to engage Plaintiff to provide land development services for Defendant's proposed development of a Rite Aid site in Dover Township, York County, Pennsylvania. 12. Plaintiff agreed to provide professional land development services to Defendant and commenced to provide such services upon the requests of Defendant. 13. Plaintiff s agents initiated, oversaw and coordinated all business regarding the development of the Rite Aid site in Dover Township, York County, Pennsylvania from their office in Carlisle, Cumberland County, Pennsylvania. 14. Pursuant to said agreement, Plaintiff expended services and/or costs, the outstanding balance of which, as of January 31, 1996, was $8,986.25, plus 1.5% per month late charges accruing thereon. A copy of the invoices are hereby attached as Exhibit "A". 15. Defendant has failed to pay this past due amount. 16. Plaintiff required and expected payment for all services prefonned in the development . of the Rite Aid site in Dover Township, York County, Pennsylvania to be made to their office in Carlisle, Cumberland County, Pennsylvania. 17. Plaintiffhas made several unsuccessful requests for payment of this past due amount. 18. Defendant's failure to pay this past due amount, plus late charges thereon, constitutes a breach of contract. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $8,986.25, plus pre and post-judgment interest and costs allowed thereon. ill! INT IT (INITTST ENRICHMENT 19. Paragraphs I through 18 are hereby incorporated by reference thereto as set forth herein. 20. At the request of Defendant, Plaintiff provided professional land development. services for Defendant with regard to their Rite Aid development project in Dover Township, York County, PA. '.. I * 1 ~ Unrted Parcel ServIce 0934 IN20D11985 48 Waybills Air Shipping Document Bill Shipper Shipped Reference No.1 Tracking No. 01-16. 01-18 NOT USED 0217 9109 921 NOT USED 0217 9109 949 Total Weight Total Shipments Total Packages ~ Charges Air Shipping Document Detail Bill Shipper Shipped Tracking No. 01-16 0217 9109 921 Reference No. NOT USED Sender DOUGLAS S BREHM STATLER-BREHM ASSOC CARLISLEPA17013 Total JQ,95 - r;[JII- 10 q /-I p, I/sso tUde,s II. - Period Ending January 20, 1996. Shipper 3411551475 Invoice 34/155/475-036 Page 2 .of 3 Charge 16.00 9.50 1 2 2 $ 25.50 Zone 22 Billed Service Weight 1 1b Next Day Air Charge Receiver PETE NEBROSKY . RITE AID CORP CAMP HILL PA 17011 Transportation. 16.00' 16.00 ,. (\) STATLER - BREHM ASSOCIATES, INC. 26 STATE AVENUE, SUITE 102, CARLISLE, PA 17013 717.243-4114 FAX: 717.243.3301 . ENGINEERS . PLANNERS . SURVEYORS HPT ASSOCIATES CUMMINS STATION 209 10TH AVENUE SOUTH, SUITE 313 NASHVILLE, TN 37203 Project: HPT/RITE AID-DOVER For: RITE AID LAND DEVELOPMENT PALNS FOR SITE IN DOVER November 30, 1995 Invoice Number 5945 Project 1995-DV-l09 ----------------------------------------------------------------- PrOfessional Services: November 1, 1995 through November 30, 1995 PROFESSIONAL" PERSONNEL ,. Hours PHONE CALLS/CONF KITCHEN, ROBERT G. 1.0 MTGS-CONSULTANTS BREHM, DOUGLAS, S. 4.7 MTGS-MUNICIPAL BREHM, DOUGLAS, S. 5.5 SECURTY/COST EST BREHM, DOUGLAS, S. 3.2 GREEN, WILLIAM E. 1.0 KITCHEN, ROBERT G. 0.5 Subtotal 4.7 SKETCH PLAN KITCHEN, ROBERT G. 23.0 PLAN/DESIGN REV BREHM., DOUGLAS, S. 14.4 GRADES/CONTOURS KITCHEN, ROBERT G. 2.0 SURVY WORKSHEETS KITCHEN, ROBERT G. 6.0 NOTE REDUCT/CALC KITCHEN, ROBERT G. 4.5 Rate Amount 55.00 55.00 70.00 329.00 70.00 385.00 70.00 55.00 55.00 224.00 55.00 27.50 306:50 55.00 1,265.00 70.00 1,008.00 55.00. 110.00 55.00 330.00 55.00 247.50 ,. ~ ~ United Parcel Service 0934 IHZODJS~DO 57 /q15- ov- 109 HPT- {)b-WA- l<iiL-QicL Period Ending December 2. 1995 Shipper 3411551475 Invoice 34" 551475.485 Page 2 of 3 Waybl1ls Air Shipping Document Bill Shipper Shipped Reference No.1 Tracking No. Total Weight Total Ship~ents Total Packages Charge 9.50 16.00 1 2 2 $ 25.50 11-28 11-28 NOT USED 0217 9109 789 NOT USED 0217 9109 798 ~ Charges Air Shipping Document Detail Bill Shipper Shipped Tracking No. 11-28 0217 9109 789 Zone Billed Service Charge Weight 22 Letter Next Day Air Reference No. NOT USED Sender ROBERT G KITCHEN STATLER-BREHM.ASSOC CARLISLE PA 17013 Receiver MR RUSS MORRIS HPT ASSOC NASHVILLE TN 37203 ,.: ""~' ",,"' , "..' ",,' ";"" ;''':;.'i ",'~. "~-.9''J.50~;;';' ~<"':~~~;5iit:~~" Transportation Total L CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: President/CEO HPT and Associates, Inc. Cummins Station 209 10th Avenue South Suite 313 Nashville, TN 37203 MARTSON DEARDORFF WILLIAMS & OTTO By Ailu0 ~ /1ILlfrlt'.J Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 12, 1999