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HomeMy WebLinkAbout03-3969MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -.394.9 60?L`TF, "-1 CIVIL ACTION 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 you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo at partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisadc que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. ST NO IENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 MELHAM ASSOCIATES, PC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 3- 3 g 4 Y WESTWOOD HILLS CIVIL ACTION ASSOCIATES, LLC, Defendant COMPLAINT The Plaintiff Melham Associates, PC, (hereinafter "Melham"), a professional corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 2247 North Front Street, Harrisburg, Dauphin County, Pennsylvania 17110-1027. 2. Defendant is Westwood Hills Associates, LLC, (hereinafter "Westwood"), a limited liability company organized and doing business under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 4216 Little Run Road, Dauphin County, Harrisburg, Pennsylvania, 17110. 3. At all times relevant to this Complaint Plaintiff was and is a professional engineering survey services company. 4. At all times relevant to this Complaint, Defendant Westwood is an owner an developer of a subdivision known as Westwood Hills located in East Pennsboro Township, Cumberland County Pennsylvania. COUNTI Breach of Contract On or about June 2002 Melham and Westwood entered into an agreement by which Melham agreed to perform certain services for Westwood including but not limited to engineering, surveying, design, stake out, preparation of final road and utility profiles and submission of plans, permit applications and preparation of legal descriptions for the Westwood Hills subdivision. And in exchange Westwood agreed to pay Melham a lump sum fee in the amount of $12,900.00. 6. The scope of work to be performed by Melham under the agreement and the price to be paid by Westwood to Melham is set forth in the document which is attached hereto as Exhibit "A" From time to time after the initial agreement between Melham and Westwood, Westwood requested and Melham performed certain extra work including but not limited to additional stake out work, surveying and preparation of grading sheets. 8. Westwood agreed to pay Melham at Melham's usual hourly rates for services which were extra work over and above the original work ordered by Westwood. 9. Melham completed all work under the initial agreement and all extra work in a good and workmanlike manner. 10. Melham submitted its invoices to Westwood in the normal course of business. It. True and correct copies of Melham's invoices to Westwood for both the initial agreed upon scope of work and the extra work which describe the work performed are attached hereto as Exhibit "B". 12. The charges for the extra work which was performed by Melham at the special instance of Westwood is in the total principal amount of $12,471.25. 13. Westwood had paid Melham for the work performed under the initial scope of work, but has failed and refused to pay any amounts for the extra work which it ordered from Melham and which Melham has performed. 14. There is currently a principal balance due and owing of $12,471.25. 15. Westwood has accepted all work performed by Melham. 16. Westwood has never provided Melham with any notices that any of Melham's work was deficient or that any of Melham's invoices were inaccurate in any way. 17. Westwood's failure and refusal to pay Melham for the work performed constitutes a breach of contract. 18. As a result of Westwood's breach of contract Melham has suffered damages in the principal amount of $12,471.25. 19. All conditions precedent for the bringing of this action have occurred and/or have been performed. WHEREFORE, Plaintiff Melham Associates, PC respectfully requests this Honorable Court to enter judgment in its favor and against Westwood Hills Associates, LLC, in the amount of $12,471.25. COUNT II In the Alternative: Uniust Enrichment 20. Plaintiff incorporates herein the averments of paragraphs 1 through 19 above as if set forth fully herein. 21. The value of the services ordered by Westwood which were performed by Melham at the special instance of Westwood which has not yet been paid by Westwood is $12,471.25. 22. The rates and prices charged by Melham for the extra services are fair and reasonable and are the prices normally charged by Melham, and were the prices which were agreed to be paid by Westwood. 23. The services provided by Melham were incorporated into the Westwood Hills subdivision project and the services add substantial value to the subdivision project. 24. As a result of Melham's providing the extra services for which Westwood has failed and refused to pay, Westwood has been unjustly enriched in the amount of $12,471.25. 25. It would be unjust to permit Westwood to retain the benefits of Melham's services without paying for same. 26. Injustice can only be avoided by the enforcement of the agreement between Melham and Westwood. WHEREFORE, Plaintiff Melham Associates, PC, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant Westwood Hills LLC, in the amount of $12,471.25 plus costs and interest. COUNT III Violation of the Pennsvlvania Contractor and Subcontractor Payment Act, 73 P.S. 4 501 et. seq. 27. Plaintiff incorporates herein by reference the averments of paragraph 1 through 26 above as if set forth fully herein. 28. Melham is a "contractor" and Westwood is an "owner" as those terms are defined in the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. § 501 et. seq. (hereinafter the "Act"). 29. More than thirty (30) days have passed since Westwood received the last of Melham's invoices for services provided at Westwood's request. 30. Westwood has never given Melham any notices that any of Melham's services for which it invoiced were deficient in any manner or that its invoices were not accurate. 31. Westwood's failure and refusal to pay Melham in accordance with the Act and its unjustifiable withholding of payment in bad faith constitutes a violation of the Act. 32. Under Section 505(c) Westwood was required to make payments to Melham within twenty (20) days after Melham delivered its invoices to Westwood. 33. Under Section 505(d) of the Act in the event that Westwood's payment was not made within seven (7) days of the due date set forth in Section 505(c) Melham is entitled to receive interest at the rate of one percent (1%) per month on all invoice balances. 34. Westwood has violated the Act by failing to timely pay the invoices of Melham. 35. Under Section 512(a) of the Act if litigation or arbitration is commenced to recover payment, Westwood is liable to Melham for a penalty equal to one percent (1%) per month of the amount wrongfully withheld. 36. Under Section 512(b) Melham is entitled to an award of reasonable attorneys fees in the event it substantially prevails in its action to recover payment under the Act. 37. All conditions precedent for the bringing of this action have occurred and/or have been performed. WHEREFORE, Plaintiff Melham Associates, PC respectfully requests this Honorable Court to enter judgment in its favor and against Defendant Westwood Hills Associates, LLC, in the amount of $12,471.25 plus costs, interest and statutory penalties and attorneys fees. Date: Aw?k I +' ob Tl bmds O-. VVM ?fams, Esquire Attorney I.D. No. 67987 Theodore A. Adler, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff A R0H IT ECTURE• E NG WEER I NG• ENV )MENTAL ANALVSIS•LANOSCAPE ARCHITECTURE CONTRACT FOR PROFESSIONAL ENGINEERING and SURVEY SERVICES PPUTER SOLUTIONS-PLANNING-SURVEYING 3oSo n-alhom ASSOCIATES, PC 2247 NORTH FRONT STREET HARRISBURG, PA 17110-1027 TELEPHONE: (717) 238-5000 FAX: (717) 238-2800 www.melham.com Westwood Hills Subdivision and Land Development, Final Plan, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania. This AGREEMENT made on this day of , 2002 between Melham Associates, PC of 2247 North Front Street, Harrisburg, PA 17110 and Westwood Hills Associates, having a business address of RD#1, Box 368, Palmyra, Pa 17078. Project Description: The following project descriptions have been developed based on our knowledge of the project and its status with the various state and local regulatory agencies. A. Creation of Final Subdivision and Land Development Plans of Phase 5 as shown on the approved Preliminary Subdivision and Land Development Plan of the Westwood Hills Development. Design to be modified to reflect Owner's current requirements. Final design to be in accordance with the Subdivision and Land Development Ordinance requirements of East Pennsboro Township, Cumberland County, Pennsylvania. B. Preparation of erosion and sedimentation control plans meeting the requirements of Chapter 102. C. Construction stakeout of roads, sanitary sewers and lot(come s. 1. Basic Services 0) ht„ Melham Associates, PC agrees to provide Professional Engineering and Survey services as hereinafter stated. Melham shall serve as the Owner's Professional Civil Engineering representative in all aspects of the project pertaining to this Agreement and will provide consultation and advice to the Owner during performance of those services. H. Scope of Services A. Prepare engineering design, drawings and reports necessary for the preparation of Final Subdivision and Land Development plans for Phase 5. Work shall include, 1. Meet with representatives of Westwood Hills Association to discuss the relevant issues as they relate to the Project. 2. Create base plan using available information, supplemented with field survey as required. 3. Using Preliminary drawings of Westwood Hills previously approved by East Pennsboro Township and modified to reflect Owner's current requirements, prepare final site layout and grading plans. Plans will be suitable for construction. 4. Preparation of final road and utility profiles based on preliminary plans and revised to reflect changes made. 5. Submission ofplan sets to East Pennsboro Township and Cumberland County for the July Townships Planning Commission meeting (plans due to Township Joie 20, 2002). 6. Planning Commission and Township Supervisor's meeting attendance necessary for plan approval. 7. Preparation of estimates for municipal improvement bonding relating to the site development work. 8. Record at the Cumberland County Court House, or arrange to have recorded, the final approved plan. B. Prepare Erosions and Sedimentation Control design for Phase 5 for approval by the Cumberland County Soil Conservation District. Work shall include, 1. Prepare resubmission of drawings, calculations and reports previously approved. 2. Submission of plans and permit applications to Cumberland County Soil Conservation District for review and approval. C. Construction stakeout and survey services. Work shall include, 1. Preparation of legal descriptions for lots being created. Westwood Hills 1 Final Plans, Phase 5 Contract for Professional Engineering and Survey Services mclhom aeeocinrve, nc Page 2 of 4 2. Constriction stakeout of roadway centerlines. Stakes will be set on 50 foot centers and marked with elevations necessary for construction. 3. Construction stakeout of sanitary sewer mailholes. Cut sheets required for construction will be provided. 4. Setting front property comers of properties being created. Corners will consist of iron pins or concrete monuments as required on the approved plans. III. Work Not Included A. Stormwater management design. Stormwater management was previously approved and no modifications are anticipated as long as the amount of impervious surface from roads and building roofs is not increased. B. Construction cost estimates. Bonding estimate for required public improvements is included as stated in Scope of Work. C. Preparation of DEP sanitary sewer planning module. D. Wetlands investigation and permitting. E. Inspections for contractor payment application approval or bonding reduction, A fee for this can be provided upon request. F. Zoning variances and variance requests. No zoning issues are expected. G. Resetting property comers or restaking completed work disturbed by construction activities. Melham will bill on a time and material basis for this work. IV. Schedule of Work: A. Final design of Phase 2 Final plan preparation for Owner review Revisions and final plan submission Municipal review (Varies with Municipality and project complexity) B. Erosion and Sedimentation Control revised design and permitting Plan preparation and submittal (start after Owner review of final plans) Review by County SCS C. Construction stakeout and Survey Services Preparation of legal descriptions Construction stakeout Lot monumentation V. Tvpes of Contract, Professional Fees and Schedule for Payment Our fee has been prepared based on the scopes of work identified above. I weeks 1 weeks 8 to 12 weeks 1 weeks 4 weeks 4 weeks after start of Constriction within 3 days of request within 4 weeks of establishing final grade This is a lump sum form of contract with a fee of $12,900, plus expenses. Expenses include, but are not limited to, mileage, postage and shipping costs, photocopies, large format copies, survey stakes, hubs, iron pins and concrete monuments. Basis of Payment - Melbam shall complete the work outlined in the Scope of Services for the fee as shown above. We will bill monthly based on the percent of work completed to date. Invoices are payable upon receipt. Invoices not paid within thirty (30) days will be subject to interest at 1.5% per month charged on all outstanding balances. Submittal and application fees required by govern rental agencies are not included in the lump smn amount. If Melham remits these fees as a courtesy to the Owner, Melham will bill for the fees separately. ARCHITECTUREOENGINEERING*ENVIRONIAENTAL ANALYSISOLANDSCAPE ARCHITECTURE*SOF INVOICE October 25, 2002 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 RE: Westwood Hills Phase 5 Project #3050 Invoice #16738 Contract Includes: Final Subdivision Plan for Phase 5. Staking Clearing Limits & Lot Corners & Preparing Lot Legal Descriptions For Professional Services Rendered as of 10/18/02 Percent Previously Current Balance Description Amount Complete Paid Invoice Remaining Services per Contract $12,900 95% $6,000 $6,255 $645 Subtotals $12,900 $6,000 $645 Amount Due $6,255 Terms: Due Upon Receipt. 1.5% on invoices over 30 days. ' 2247 NORTH FRONT STREET HARRISBURG- PA 17110.1027 TELEPHONE: (717) 238.5000 FAX: 1717) 236-2600 http.1fwww. me I ham.C0M ARCH ITECTURE• ENGINEERING•ENVIRONMENTAL ANALYSIS*LANCSCAPE ARCHITECTURE *SOFTWARE ENGINEERING*PLANNINGO SURVEYING INVOICE September 25, 2002 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 RE: Westwood Hills Phase 5 Project #3050 Invoice #16702 X11 IIF1C1m ASSOCIATES, PC 2247 NORTH FRONT STREET HARRISBURG. PA 17110-1027 TELEPHONE'. (717, 238-50010 FAX. (7'-.7) 236-2$00 http/www.meiham com Extra to Contract; Individual Lot Grading. This was a new requirement (non-ordinance) required for plan acceptance. For Professional Services Rendered as of 7/12/02 to 8/28/02. Description Dates Hours Grading of Individual Lots Project Engineer(EIT) 7/30-8/28/02 6.50 Professional Services Subtotal $422.50 Amount Total $422.50 Terms: Due 10 days from Receipt. 1.5% on invoices over 30 days. a,R ?'?I'E_n,;RE?ENGINEER!AlG?EN`/IRON M1tEN TAL ANAOSISS-A CS_A=- AR:;NJTECTURESSOFTWARE ENG';NEERINGOPLANNINGOSURti EViNG INVOICE September 25, 2002 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 RE: Westwood Hills Phase 5 Project #3050 Invoice #16701 Extra to Contract; Work related to review of contractors bids. For Professional Services Rendered as of 8/20102 to 8/29/02. Description Dates Hours rrmilhom ASSOCIATES, PC 2247 NORTH FRONT S°REET HARRISBURG. PA 171 IL ^. TELEPHONE: (71" 2:1&S]ti FAX. (717) 236 2600 p:tpiiwww.?elh2m.con Amount Total Teleconferences with Client & Contractor ( Rod Krebs) regarding Bids Principal 8/20/02 0.50 $60.00 Meeting with Client regarding Bids Principal 8/23/02 0.75 $90.00 Review Contractor Bids, Telephone Discussions, Etc Landscape Arch Tech 8/27-8/29/02 11.50 Principal 8/23-8/29/02 1.25 Preparation & Meeting with Client & Rod Krebs Landscape Arch Tech 8/29/02 1.50 Project Engineer (EIT) 8/29/02 1.00 $747.50 $150.00 $97.50 $70.00 Professional Services Subtotal $1,215.00 Terms: Due 10 days from Receipt. 1.5% on invoices over 30 days. ARCHITECTURE*ENGINEERINGOEN 1RONNIENTAL ANALYSIS•LANDS CAPE ARCHITECTUREOSOFT`NARE ENGINEERINGGPLANNING• SURVEYING INVOICE September 25, 2002 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 RE: Westwood Hills Phase 5 Project #3050 Invoice #16700 Extra to Contract; Work related to wetlands, including agency site meeting to review entire project and re-stake out per contractor For Professional Services Rendered as of 7/11/02 to 9/6/02. Description Dates Hours Site Meeting - regarding Wetlands of other site areas Landscape Arch Tech 7/11/02 2.50 rrmlhom ASSOCIATES, PC Amount $162.50 Discuss Wetlands with Wetland Specialist re: followup to site meeting Landscape Arch Tech 7/22-7/26/02 0.50 $32.50 Survey Computations - for Wetland Stakeout CAD Operator 9/5/02 Sr Surveyor 9/5102 Stake Edge of Wetlands 3 man crew 9/6/02 3.00 $157.50 1.00 $70.00 5.50 $687.50 Professional Services Subtotal 2247 NORTH FRONT STREET HARRISBURG. PA 17110-102' TELEPHONE ('17) 238-5000 FAX. (717) 2362500 :mov/www.melham. com Total $1,110.00 Terms: Due 10 days from Receipt. 1.5% on invoices over 30 days. ARCHITECT U?NGINEERINGOENVIRONMENTAL ANALYSIS GLANOSCAPE ARCHITECTURE *SOFTWARE ENGINEERING*PLANNINGOSURVEYING INVOICE &=M July 2, 2002 ASSOCIATES, PC 2247 NORTH FRONT STREET Don Erwin HARRISBURG. PA 17110-1027 Westwood Associates TELEPHONE: (717) 238-5000 4216 Little Run Road FAX: (717) 238-2600 Harrisburg, PA 17110 http:Owww.malham.com RE: Westwood Hills Phase 5 Project #3050 Invoice #16613R Contract Includes: Final Subdivision Plan for Phase 5. Staking Clearing Limits & Lot Corners & Preparing Lot Legal Descriptions For Professional Services Rendered as of 6/25/02. Approx. Percent Previously Current Balance Description Amount Complete Paid Invoice Remaining Services per Contract $12,900 70% $0 $9,000 $3,900 Final Design for Phase 5 was ready for submittal. June 25th. Subtotals $12,900 $0 $3,900 Amount Due $9,000.00 t Received check on July 1 st $6,000.00 Balance Outstanding $3,000.00 Terms: Due Upon Receipt. 1.5% on invoices over 30 days. ARCNI-ECTU RE• ENGI NEER ING• ENVIRONMENTAL ANALV a'IS •??NCS?.4 `E ARCHITECTURE*SOF'NARE ENGIN EERINGOPLANNING• SURV EYING INVOICE November 12, 2002 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 RE: Westwood Hills Phase 5 Project #3050 Invoice #16765 Extra to Contract: Storm stakeout (Clearing limits for Sediment Trap & Swales), Meet with Contractor on Site & Phone discussions with them to coordinate stakeout Stake Front Property Line (interim for laterals), Curbs and Catch Basins. Teleconferences with neighbor to resolve property line issues. Restake Center Line of Memory Lane. Set Offset to sanitary sewer line (contractor wanted grade checks) For Professional Services Rendered as of 10/11/02 to 11/8/02 Description Dates Hours Survey Computations for Stakeout of Clearing Limits (for Sediment Trap) Landscape Arch Tech 10/11/02 1.00 Stake Clearing Limits for Sediment Trap 3 man crew 10/11/02 ASSOCIATES, PC 1.50 Prepare & Attend Pre-Construction Meeting on Site with Contractor Sr Surveyor 10/14/02 2.50 Surveyor 10/14/02 1.50 224' NORTH FRONT S-RE_7 HARRISBURG.PA I. .?. TELEPHONE (]1'1 PAX'. 'IT) 216-23OO?o -.I1p www.m elham.::_n Amount Total $65.00 $187.50 $175.00 $78.75 Prepare for Stakeout-Swales, Sediment Trap & Property Corners for laterals along Brisban (12 lots) Sr Surveyor 10/15-10/24/02 4.50 $315.00 Surveyor 10/15-10/16/02 5.00 $262.50 Stakeout of Swales, Sediment Trap & Property Corners for laterals along Brisban (12 lots) 3 man crew 10/17/02 8.00 $1,000.00 Stakeout of Property Corners (for laterals) 2 man crew 10/18/02 1.50 $157.50 Stake curb offsets 2 man crew 10/18/02 4.00 $420.00 Prepare Grade Sheets, Reduce Field Notes Sr Surveyor 10/18-11/4/02 12.50 $875.00 Surveyor 10124-10/29/02 7.50 $393.75 RE: Westwood Hills Phase 5 Project #3050 Invoice #16765 Description Dates Hours Amount Total Teleconferences & Research to resolve boundary issue with neighbor (Ron Gates) Sr Surveyor 10/21-10/25/02 2.00 $140.00 Stake & Grades for Curb 3 man crew 10/24/02 6.50 $812.50 Restake Center Line of Memory Lane. 3 man crew 10/24/02 1.00 $125.00 Stake Catch Basins 3 man crew 10/29-10/31/02 9.50 $1,187.50 Teleconference with Contactors. Review Sanitary Lateral Placement. Sr Surveyor 11/4-11/8/02 3.50 $245.00 Stake offsets for Sanitary Sewer Line - Contractor wants grade checks 2 man crew 11/7/02 1.50 $157.50 Stakeout of Rough Property Corners for laterals of remainder of phase 2 man crew 11/8/02 3.50 $367.50 Stakeout Catch Basins 2 man crew 11/8/02 1.00 $105.00 Grade Sheets for Sanitary- Contractor wanted grade checks Sr Surveyor 11/8/02 2.00 $140.00 Amount Due $7,210.00 Terms: Due 10 days from Receipt. 1.5% on invoices over 30 days. ARCHITECTURES ENGI NEERI N G• ENVIRONMENTAL ANALYSIS•LANDSCAPE ARCHITECTURE*SOFTWARE ENGINEERING*PLANNINGOSURVEYING INVOICE February 15, 2003 nw=lhom ASSOCIATES, PC Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 h ttp://www.melham.com 2247 NORTH FRONT STREET HARRISBURG. PA 17110-1027 TELEPHONE: (717) 238-5000 FAX: (717) 236-2600 RE: Westwood Hills Phase 5 Project #3050 Invoice #16881 Interest Charges for Invoices - beginning 30 days past the Approval Date of October 4th. Description Amount Invoice 16700 billed 9/25/02 Amount of $1,110.00 at 1.5% per Month Interest charges - November 4th, 2002 $16.65 Interest charges - December 4th, 2002 $16.65 Interest charges - January 4th, 2003 $16.65 Interest charges - February 4th, 2003 $16.65 Invoice 16701 billed 9/25/02 Amount of $1,215.00 at 1.5% per Month Interest charges - November 4th, 2002 $18.23 Interest charges - December 4th, 2002 $18.23 Interest charges - January 4th, 2003 $18.23 Interest charges - February 4th, 2003 $18.23 Invoice 16702 billed 9/25/02 Amount of $422.50 at 1.5% per Month Interest charges - November 4th, 2002 $6.34 Interest charges - December 4th, 2002 $6.34 Interest charges - January 4th, 2003 $6.34 Interest charges - February 4th, 2003 $6.34 Invoice 16738 billed 10/25/02 Amount of $6,255.00 (P at 1.5% per Month Interest charges - December 4th, 2002 **1 month interest - Invoice was paid $93.83 Invoice 16765 billed 11/12/02 Amount of $7,210.00 at 1.5% per Month Interest charges - December 27th, 2002 $108.15 Interest charges - January 27th, 2003 $108.15 Invoice 16851 billed 1/3/03 Amount of $645.00 (PAID) "No Interest - Invoice was paid 1/3/03 Invoice 16852 billed 1/8%03 Amount of $1,881.25 at 1.5% per Month Interest charges - January 27th, 2003 $28.22 Accumulated Interest Charges as of February 4th $503.23 Total Due as of 2/15/03 $12,341.98 ARCHITECTURE *ENGINEERING •E'.VIRONNIENTAL ANALYSIS *LANDSCAPE ARCHITECTURE *SOFTWARE ENGINEERlr4G*PLANNINGOSLJRVEYING INVOICE January 8, 2009 2603 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 RE: Westwood Hills Phase 5 Project #3050 Invoice #16852 Extra to Contract: Discussions with John @Springfield re: sewer laterals Set Catch Basins & Center Line for Storm Man Holes Set Radius Points ® Brisbain for Foreman Prepare Grade sheets & Restake Catch Basin 67 For Professional Services Rendered as of 11/08/02 to 12/20/02 Description Dates Hours Teleconferences with John 0 Springfield Project Engineer (EIT) 11/8/02 1.25 Survey Setup for Stakeout & crew prep CAD Operator 11/14102 0.50 Stakeout for Catch Basins & Storm Sewer MH's 2 man crew 11/14/02 4.00 1"1'1G1ho1'1'1 ASSOCIATES' PC 2247 NORTH FRONT STREET HARRISBURG.PA 17110-102' TELEPHONE: (717) 238-5000 PAX'. (717) 236-2600 h:1¢i'w'w meiM1am.C= Amount Total $87.50 $26.25 $420.00 Set Radius Points 0 Brisbain for Foreman (while on site to set rear property corners) 2 man crew 11/14/02 0.50 $35.00 Grade Sheets - Storm Sr Surveyor 11/14/02 3.00 $210.00 Sr Surveyor 11/21/02 1.00 $70.00 Cut Sheets for Storm Sewer CAD Operator 11/15/02 6.00 $315.00 Restake Catch Basin 67 2 man crew 11/20/02 2.00 $210.00 Cut Sheet for Catch Basin 67 CAD Operator 11/21/02 2.00 $105.00 Site Vist Sr Surveyor 12/3/02 1.25 $87.50 Setup for Stakeout- includes Teleconferences Sr Surveyor 12/12/02 1.50 $105.00 Review Existing Sanitary MH levels-for additional grading & stakeout Sr Surveyor 12/16-12/20/02 3.00 $210.00 Amount Due $1,881.25 Terms: Due 10 days from Receipt. 1.5% on invoices over 30 days. r ,RCHITEC7URE.ENGWEERING.EN`,'RCNNIEN7AL ANALYSIS-.P.NCS-4nE -?C-'I?EC%REOSCFTWARE =NG:NEERI NGSPLANNING*SUR', EY' NG INVOICE January 3, 2003 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 For Your Records 1'11 FIF1C M ASSOCIATES, PC 22-7 NORTH FRONT S-REET HARRISBURG. PA I., "-- TELEPHONE '.-C;v1 L_ F`X 126 RE: Westwood Hills Phase 5 Project #3050V Statement of Contract Status R2Cor.,Ci Futt- Nmn+ _ ? O? CbY?itYAC? tContract Includes: Final Subdivision Plan for Phase 5. Staking Clearing Limits & Lot Corners & Preparing Lot Legal Descriptions For Professional Services Rendered as per contract Percent Amount Balance Description Amount Complete Received Remaininq Services per Contract $12,900 100070 $12,900 $0 Subtotals $12,900 $12,900 $0 Contract Amount Paid in full Q- ?1312oo3 ARCHITEC7UREO5NGINEER!NGOEN`,IRCN%I'c NTAL ANALVS!SOLANCSCA.=_ >RCHIT_;:T'JREOSOFT'NARE ENGINEERINGOPLANNINGOSURVEViNG INVOICE rna' m January 6, 2003 ASSOCIATES, PC 2247 NORTH FRONT STREET Don Erwin HARRISBURG. PA 171 Westwood Associates E:- EPHONE. ,717; 238-5c3o 4216 Little Run Road 14Y I- 71 23=-25cc Harrisburg, PA 17110 nil p'Lwxw Rle lpam.COm RE: Westwood Hills Phase 5 Project #3050 Invoice #16853 Interest Charges for Invoices - beginning 30 days past the Approval Date of October 4th. Description Invoice 16700 billed 9/25/02 Amount of Interest charges - November 4th, 2002 Interest charges - December 4th, 2002 Interest charges - January 4th, 2002 Invoice 16701 billed 9/25/02 Amount of Interest charges - November 4th, 2002 Interest charges - December 4th, 2002 Interest charges - January 4th, 2002 Invoice 16702 billed 9/25/02 Amount of interest charges - November 4th, 2002 Interest charges - December 4th, 2002 Interest charges - January 4th, 2002 invoice 16738 billed 10/25/02 Amount of Interest charges - December 4th, 2002 Invoice 16738 billed 11/12/02 Amount of Interest charges - December 27th, 2002 Invoice 16851 billed 1/3/03 Amount of Invoice 16852 billed 1/8/03 Amount of $1,110.00 at 1.5% per Month $1,215.00 at 1.5% per Month $422.50 at 1.5% per Month Amount $16.65 $16.65 $16.65 $18.23 $18.23 $18.23 $6.34 $6.34 $6.34 $6,255.00 at 1.5% per Month "I month Interest - Invoice was paid 1/3/03 $7,210.00 at 1.5% per Month $645.00 "No Interest - Invoice was paid 1/3/03 $1,881.25 $93.83 $108.15 Accumulated Interest Charges as of January 4th $325.64 Total Due as of 1/8/03 $12,164.39 ARCHITECTUREOENGINEERING•ENVIRONMENTAL ANALYSIS•LAN DSCAPE ARCHITECTURE• SOFTWARE ENGINEERING*PLANNING*SURVEYING INVOICE December 27, 2002 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 r11GlF'1C1M ASSOCIATES, PC 2247 NORTH FRONT STREET HARRISBURG, PA 17110-1027 TELEPHONE: (717) 2365000 FAX: (717) 236-2600 h« p,llwww.melham.COM RE: Westwood Hills Phase 5 Project #3050 Invoice #16804 Interest Charges for Invoices over 30 days past the Approval Date (October 4th) Description Invoice 16700 billed 9/25/02 Amount of $1,110.00 at 1.5% per Month Interest charges - November 4th, 2002 Interest charges - December 4th, 2002 Invoice 16701 billed 9/25/02 Amount of $1,215.00 at 1.5% per Month Interest charges - November 4th, 2002 Interest charges - December 4th, 2002 Invoice 16702 billed 9/25/02 Interest charges - November 4th, 2002 Interest charges - December 4th, 2002 Invoice 16738 billed 10/25/02 Interest charges - December 4th, 2002 Invoice 16738 billed 11/12/02 Interest charges - December 27th, 2002 Amount $16.65 $16.65 $18.23 $18.23 Amount of $422.50 at 1.5% per Month $6.34 $6.34 Amount of $6,255.00 at 1.5% per Month Amount of $7,210.00 at 1.5% per Month Interest Charges as of December 4th Total Due as of 12/27/02 $93.83 $108.15 $284.42 $16,496.92 ARCHITECTURE•ENGINEERINGOEN`iIRCNNIENTAL ANALVSISOLANCSCAPE ARCHITECTURE* SOFTWARE ENGINEERINGSPLANNINGOSURVEY:'NG INVOICE December 4, 2002 Don Erwin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 RE: Westwood Hills Phase 5 Project #3050 Invoice #16781 Interest Charges for Invoices over 30 days past the Approval Date (October 4th) Description Invoice 16700 billed 9/25/02 Amount of Interest charges - November 4th, 2002 Interest charges - December 4th, 2002 Invoice 16701 billed 9/25/02 Amount of Interest charges - November 4th, 2002 Interest charges - December 4th, 2002 r'1'1e1hC1m ASSOCIATES, PC 2237 NORTH FRONT STREET HARRISSURG. PA 17110--7- TELEPHONE (717) 238-5100 FAX t7I71 2362500 n tt¢xw.me?F.am. ccm $1,110.00 at 1.5% per Month $1,215.00 at 1.5% per Month Invoice 16702 billed 9125/02 Amount of Interest charges - November 4th, 2002 Interest charges - December 4th, 2002 Invoice 16738 billed 10/25/02 Amount of Interest charges - December 4th, 2002 Invoice 16738 billed 11/12/02 Amount of No Interest Charges at this time $422.50 at 1.5% per Month $6,255.00 at 1.5% per Month $7,210.00 at 1.5% per Month Interest Charges as of December 4th Total Due as of 12/4/02 Amount $16.65 $16.65 $18.23 $18.23 $6.34 $6.34 $93.83 $0.00 176.25 $16,388.75 AFCHITECTURE.ENGINEERING.E NVIRON MENTAL ANALYSIS.LANDSCAPE ARCH ITECTU RE-COMPUTER SOLUTIONS-PLANNING.SURVEYING INVOICE July 11, 2003 Don Ervin Westwood Associates 4216 Little Run Road Harrisburg, PA 17110 RE: Westwood Hills Phase 5 Project #3050 Invoice #17019 Extra to Contract: For Professional Services Rendered : 7/7/03 to 7/11/03. Description Hours ?'t'1GIhC11'1'1 ASSOCIATES. PC 2267 NORTH FRONT STREET HARRISBURG, PA 17110.1027 TELEPHONE: (717) 238-5000 FAX: (717) 236-2600 www.mWham.oom Amount Total Per Client's request, check location of catch basins. Review orginal stakeout coordinates, verify with as-built field measurements, discuss with contractor & prepare followup letter. Senior Surveyor 3.00 $225.00 2 man crew 2.00 $220.00 Principal 1.50 $187.50 Amount Due $632.50 Terms: Due 10 days from receipt. 1.5% on invoices over 30 days. 08/06/2003 14:30 FA` 717 730 7366 REAGER & ADLER a 010/010 VERIFICATION I, John Melbam, hereby verify that I am the Ol re S t dt". f-- of Melham Associates, PC and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: V--L- 1? fJ ? pp f? 4 MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 073 3??09 CIVIL ACTION ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Westwood Hills Associates, LLC, and certify that I am authorized to do so. Dae Todd R. Bartos, Esquire STEVENS & LEE, PC 4750 Lindle Road P.O. Box 11670 Harrisburg, PA 17108-1670 c? ? o r- n ` = ? r7 ` _ --v a [_7[u, MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Christine M. Ciccocioppo, verify that on September 17, 2003, I caused the Notice which is attached hereto as Exhibit A to be placed in the United States mail, first class, postage prepaid and addressed to Defendant at Westwood Hills Associates, LLC, c/o Todd R. Bartos, Esquire, STEVENS & LEE, PC, 4750 Lindle Road, P.O. Box 11670, Harrisburg, PA 17108- 1670. A copy of the certificate of mailing is attached hereto as Exhibit B. MELHAM ASSOCIATES, PC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3969 WESTWOOD HILLS CIVIL ACTION -LAW ASSOCIATES, LLC, Defendant IMPORTANT NOTICE TO: Westwood Hills Associates, LLC c/o Todd R. Bartos, Esquire STEVENS & LEE, PC 4750 Lindle Road P.O. Box 11670 Harrisburg, PA 17108-1670 DATE OF NOTICE: September 17, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM. THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Respectfully REAGER & Thgfttas`O. MNTiams, Esquire Attorney I. D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 EXHIBIT f°A" Attorneys for Plaintiff b POSTAL SERVICE GERTIFI ATE OF MAILING - APoxfee here to to nd IAY Be USED FOR DOMESTIC AND INTERNATIONAL MAIL• DOES NOT r Poet a and ROVIDE FOR INSUflANCE-POSTMASTER oM mark. mire of Poet(deater for urrant Received From: Tjfee. I` REAGER & ADLER, PC D 23 are ee One Piece of ordinary mall addressed Westwood Hills Associates LL ps /- 0 c/o Todd R. Bartos, Esquire ` -R-Q. Box 11670 1e JJ?FJt JJi R{ Harrisburg, PA 17108-1670 PS Form 3817, Mar. 1989 EXHIBIT "B" o CID Q? 21 yC N c 2 ? MELHAM ASSOCIATES, PC., Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 03-3969 CIVIL ACTION NOTICE TO PLEAD TO: Melham Associates, P.C. c/o Thomas O. Williams, Esquire Reager & Adler 2331 Market Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. e? STEVENS & LEE Date: 2003 By Todd R. artos Attorney I.D. No. 84279 P.O. Box 1594 Suite 602 25 N. Queen Street Lancaster, Pennsylvania 17608-1594 (717) 291-1031 Attorneys for Westwood Hills Associates, LLC 09/25/03/SL 1384222v l /68380.001 MELHAM ASSOCIATES, PC., Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 03-3969 CIVIL ACTION ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW COMES defendant Westwood Hills Associates, LLC, by and through its attorneys, Stevens & Lee, and submits the within Answer With New Matter to Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted. COUNT I - BREACH OF CONTRACT 5. Admitted in part. Denied in part. It is admitted that in June 2002 Melham and Westwood entered into an Agreement. The interpretation of the Agreement set forth in Paragraph 5 of the Complaint is denied. Furthermore, the Agreement, attached as Exhibit "A," is neither signed nor dated by the Defendant and is not the Agreement under which the parties performed. To the contrary, the parties entered into an oral agreement whereby Melham agreed to complete all engineering and surveying work for Phase V, including, but not limited to, engineering work, surveying work, preparation and submissions of plans for approval by various agencies, submissions of plans for permitting, keeping NPDES permits active and valid, evaluation of construction costs and review of proposals submitted to construct based upon Melham's scope of work and the performance of these obligations on a specific time schedule. 09/25/03/SL1384222v1/68380.001 In return, Westwood Hills agreed to pay $12,900 for this work, half payable up front and half when all plan submissions and approvals/recordation were obtained. 6. Admitted in part. Denied in part. It is denied that the document attached as Exhibit "A" is a copy of the contract between the parties. The Agreement, attached as Exhibit "A," is neither signed nor dated by the Defendant and is not the Agreement under which the parties performed. Any interpretation of that contract is specifically denied. Furthermore, the allegations set forth in Paragraph 6 are legal conclusions to which no response is required. The parties entered into an oral agreement whereby Melham agreed to complete all engineering and surveying work for Phase V, including, but not limited to, engineering work, surveying work, preparation and submissions of plans for approval by various agencies, submissions of plans for permitting, keeping NPDES permits active and valid, evaluation of construction costs and review of proposals submitted to construct based upon Melham's scope of work and the perfonnance of these obligations on a specific time schedule. In return, Westwood Hills agreed to pay $12,900 for this work, half payable up front and half when all plan submissions and approvals/recordation were obtained. Denied. It is denied that Westwood requested, and Melham performed, certain extra work, including but not limited to, additional stakeout work, surveying and preparation of grading sheets. At no time did an authorized representative from Westwood Hills Associates authorize any extra-contractual work. To the contrary, no extra-contractual work was ordered and the work that was performed under the contract was performed deficiently. Furthermore, this work was within the original contract scope and therefore was not "extra". 8. Denied. It is denied that Westwood agreed to pay Melham at Melham's usual hourly rates for extra-contractual services. To the contrary, no extra-contractual services were ordered or authorized by Westwood Hills Associates. Melham did not perform any 2 09/25/03/SLI 384222v1/68380.001 extra-contractual work and, in fact, did not perform the work under the contract in a workmanlike manner. 9. Denied. It is denied Melham completed all work under the initial Agreement and all extra work in a good and workmanlike manner. To the contrary, Melham failed to perform the contractual work in a good and workmanlike manner. Melham's deficiencies included, but were not limited to: a. technical deficiencies with the submitted plans that had to be rectified before township approval could be obtained, b. the work that was performed did not meet the agreed schedule, c. the plans as submitted were inaccurate in that they contained: 1. incorrect lot numbers, 2. incorrect lot size calculations, 3. incorrect elevations, 4. incorrect man hole elevations, 5. incorrect catch basin elevations, 6. incorrect grading plans. d. Melham allowed the NPDES permit to lapse, causing delay. Additionally, there was no extra work that was authorized to be completed by Melham. The defects in Melham's performance caused damage to Westwood Hills insofar as Westwood Hills had to incur additional expenses to bring the man holes and catch basins up to the incorrect grade and has had to hire a new surveyor/engineer to complete the work that Melham performed deficiently. 10. Admitted in part. Denied in part. It is admitted that Melham submitted invoices to Westwood. It is denied that these were submitted "in the normal course of business" as that term is undefined. To the contrary, Melham is not owed any money on those invoices. 09/25/03/SL 1384222v]/68380.001 11. Admitted in part. Denied in part. It is admitted that the documents annexed as Exhibit "B" were received by Westwood Hills Associates. It is denied that these invoices represent the initial agreed upon scope of work and the extra work. To the contrary, the initial agreed upon scope of work was never fully completed, although Westwood paid the entire contractual amount. Additionally, no extra-contractual work was authorized by Westwood and, therefore, no amounts could be due and owing. 12. Admitted in part. Denied in part. It is admitted that the total of the invoices submitted for alleged extra-contractual work is $12,471.25. However, it is specifically denied that this extra work was either authorized by Westwood Hills Associates or was performed by Melham Associates in a good and workmanlike manner. This work was not performed at the special insistence of Westwood Hills. To the contrary, no extra-contractual work was authorized and both the contractual work and alleged extra-contractual work were not completed in a good and workmanlike manner. Thus, no amount is due and owing. 13. Admitted in part. Denied in part. It is admitted that Westwood Hills Associates paid Melham $12,900 representing the agreed upon contract price. It is also admitted that Westwood Hills Associates has refused to pay any amounts in excess of the contractual amount. It is denied that Westwood Hills Associates has any further liability to Melham Associates for any alleged extra-contractual work. No extra-contractual work was authorized by Westwood Hills Associates and, therefore, it is not responsible to reimburse Melham for the same. 14. Denied. It is denied that there is a principal balance due and owing of $12,471.25. To the contrary, no money is due and owing as no extra-contractual work was requested and/or authorized by Westwood Hills Associates. 09/25/03/SL 1 384222v 1 /68380.001 15. Denied. It is denied that Westwood has accepted all work performed by Melham. To the contrary, Westwood Hills Associates has indicated its displeasure with Melham Associates' work through its opposition to the mechanics' lien claim which has now been stricken as well as discussions by and between Don Erwin and John Melham and Jason regarding the deficiencies noted in paragraph 9 of this Answer. 16. Denied. It is denied that Westwood has never provided Melham with any notices regarding deficient work and it is further denied that no notice has been provided regarding inaccurate invoices. To the contrary, Westwood Hills Associates has voiced its displeasure with Melham's work and deficiencies thereof and has also continually stated that the invoices were inaccurate as no extra-contractual work had been authorized. 17. Denied. The allegations set forth in Paragraph 17 of the Complaint are denied as legal conclusions. 18. Denied. The allegations set forth in Paragraph 18 of the Complaint are denied as legal conclusions. 19. Denied. The allegations set forth in Paragraph 19 of the Complaint are denied as legal conclusions. WHEREFORE, defendant Westwood Hills Associates respectfully requests this Honorable Court enter judgment in its favor dismissing this claim along with whatever further relief this Court deems just and equitable. COUNT II - IN THE ALTERNATIVE: UNJUST ENRICHMENT 20. Defendant incorporates herein the averments of Paragraphs 1 through 19 above as if set forth fully herein. 21. Denied. It is denied that the value of the services ordered by Westwood which were performed by Melham at the special insistence of Westwood is $12,471.25. To the 09/25/03/SLI 384222v1/68380.001 contrary, Westwood did not order, authorize or insist on Melham's performing any extra-contractual work. Thus, no amount can be due and owing. 22. Denied. It is denied that the rates and prices charged by Melham are fair and reasonable, that these are prices normally charged by Melham, and that these were the prices that Westwood Hills Associates agreed to pay. After reasonable investigation, defendant Westwood Hills Associates is without sufficient information to form a belief as the truth of the averments that the rates and prices for the alleged extra services are fair and reasonable and are the prices normally charged by Melham. Additionally, Westwood Hills Associates never agreed to pay for any extra-contractual work. 23. Admitted in part. Denied in part. It is admitted that the services provided by Melham Associates were incorporated into the Westwood Hills subdivision project. However, it is denied that any of these services were extra-contractual in nature or authorized to be performed outside of the contract. It is also denied that the services added substantial value to the subdivision project. To the contrary, the services have caused damage to the subdivision project and forced Westwood Hills Associates to seek another engineering firm to correct the deficiencies. 24. Denied. The averments in Paragraph 24 are denied as a legal conclusion to which no response is required. 25. Denied. The averments in Paragraph 25 are denied as a legal conclusion to which no response is required. WHEREFORE, defendant Westwood Hills Associates respectfully requests this Honorable Court enter judgment in its favor dismissing this claim along with whatever further relief this Court deems just and equitable. 09/25/03/SLl 384222vi/68380.001 COUNT III - VIOLATION OF'rHE PENNSYLVANIA CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. § 501, ET SEQ. 26. Defendant incorporates herein by reference the averments of Paragraphs 1 through 25 above as if set forth fully herein. 27. Denied. The averments set forth in Paragraph 27 are legal conclusions to which no response is required. 28. Admitted in part. Denied in part. It is admitted that more than 30 days have passed since Melham Associates has sent any invoice to Westwood Hills Associates. It is denied that the invoices represent services that were requested by Westwood Hills Associates. To the contrary, no extra-contractual work was requested, authorized, ordered or in any manner sought by Westwood Hills Associates. 29. Denied. It is denied that Westwood has never given Melham any notices regarding deficient service or inaccurate invoices. To the contrary, Westwood Hills Associates has notified Melham Associates of deficient work and has continually disputed the invoices both through the mechanics' lien process and through this litigation. 30. Denied. The averments set forth in Paragraph 30 are legal conclusion to which no response is required. 31. Denied. The averments set forth in Paragraph 31 are legal conclusion to which no response is required. 32. Denied. The averments set forth in Paragraph 32 are legal conclusion to which no response is required. 33. Denied. The averments set forth in Paragraph 33 are legal conclusion to which no response is required. 09/25/03/SLt 384222v1/68380.001 34. Denied. The averments set forth in Paragraph 34 are legal conclusion to which no response is required. 35. Denied. The averments set forth in Paragraph 35 are legal conclusion to which no response is required. 36. Denied. The averments set forth in Paragraph 36 are legal conclusion to which no response is required. WHEREFORE, defendant Westwood Hills Associates respectfully requests this Honorable Court enter judgment in its favor dismissing this claim along with whatever further relief this Court deems just and equitable. NEW MATTER AND NOW COMES defendant Westwood Hills Associates, LLC by and through its attorneys Stevens & Lee and sets forth the within new matter as follows: Plaintiffs complaint fails to state causes of action upon which relief can be granted because no contract existed for any extra-contractual services and the services that were performed by Melham at Westwood Hills subdivision were deficient and not performed in a good and workmanlike manner. 2. Plaintiffs complaint is barred by the doctrine of unclean hands because Melham Associates performed work deficiently. Plaintiffs complaint is barred due to failure of consideration. 4. Plaintiffs complaint is subject to a set-off for deficient work performed under the contract. 09/25/03/SLI 384222v1/68380.001 COUNTERCLAIM - BREACH OF CONTRACT AND NOW COMES Defendant/Counterclaim Plaintiff Westwood Hills Associates, LLC ("Westwood Hills"), by and through its attorneys, Stevens & Lee, and sets forth the within Counterclaim and avers as follows: The parties entered into an oral agreement whereby Melham agreed to complete all engineering and surveying work for Phase V, including, but not limited to, engineering work, surveying work, preparation and submissions of plans for approval by various agencies, submissions of plans for permitting, keeping NPDES permits active and valid, evaluation of construction costs and review of proposals submitted to construct based upon Melham's scope of work, and the performance of these obligations on a specific time schedule. 2. In return, Westwood Hills agreed to pay $12,900 for this work, half payable up front and half when all plan submissions and approvals/recordation were obtained. 3. Westwood Hills has paid $12,900 to Melham in connection with the contract. 4. Melham failed to perform the contractual work in a good and workmanlike manner. 5. Melham's deficiencies included, but were not limited to: a. technical deficiencies with the submitted plans that had to be rectified before township approval could be obtained, b. the work that was performed did not meet the agreed schedule, c. the plans as submitted were inaccurate in that they contained: 1. incorrect lot numbers, 2. incorrect lot size calculations, 3. incorrect elevations, 4. incorrect man hole elevations, 5. incorrect catch basin elevations, 09/25/03/SLl 384222v 1/68380.001 6. incorrect grading plans. d. Melham allowed the NPDES permit to lapse, causing delay. 6. The defects in Melham's performance caused damage to Westwood Hills insofar as Westwood Hills had to incur additional expenses to bring the man holes and catch basins up to the incorrect grade and has had to hire a new surveyor/engineer to complete the work that Melham performed deficiently. 7. Melham was informed of these deficiencies and given opportunity to correct them. When Melham failed to correct its defects, and began to submit invoices for work that was included in the flat-fee contract, Westwood Hills hired a new surveyor/engineer to take over and fix Melham's mistakes and complete the project. 9. Thus, a valid and binding oral agreement was entered into between the parties and Westwood Hills performed fully under that agreement. 10. Melham has failed to perform under the agreement. 11. As a result of Melham's failure to perform, Westwood Hills has been damaged and will continue to be damaged by having to hire another surveyor/engineer and from incurring increased construction costs. 10 09/25/03/SLl 384222v1/68380.001 WHEREFORE, Defendant/Counterclaim Plaintiff Westwood Hills Associates, LLC respectfully requests that this Honorable Court enter judgment in its favor and against Melham Associates for an amount exceeding $25,000, exclusive of interests and costs. STEVENS & L Date: September 25, 2003 By ' ?/G Todd R. Bartos Attorney I.D. No. 84279 P.O. Box 1594 Suite 602 25 N. Queen Street Lancaster, Pennsylvania 17608-1594 (717) 291-1031 Attorneys for Defendant 11 09/25/03/SL1 384222v1/68380.001 VERIFICATION I, DON ERWIN, verify that I am the sole shareholder of Westwood Hills Associates in the within action; that the attached Answer With New Matter and Counterclaim to Plaintiffs Complaint is based upon the facts of which I have personal knowledge or information furnished to me by counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: September 25, 2003 09/25/03/SL 1 384222,1/68380.001 CERTIFICATE OF SERVICE I, TODD R. BARTOS, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing Answer With New Matter and Counterclaim to Plaintiffs Complaint upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Thomas O. Williams, Esquire Reager & Adler 2331 Market Street Camp Hill, PA 17011 STEVENS Bc,LEB, Date: September 25, 2003 By Todd R. Bartos Attorney I.D. No. 84279 P.O. Box 1594 Suite 602 25 N. Queen Street Lancaster, Pennsylvania 17608-1594 (717) 291-1031 Attorneys for Defendant 2 09/25/03/SLl 384222vl /68380.001 T L.y In f' ? ?J 310 C9 c 3i ? ri MELHAM ASSOCIATES, PC, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3969 WESTWOOD HILLS CIVIL ACTION - LAW ASSOCIATES, LLC, Defendant NOTICE TO PLEAD To: Westwood Hills Associates, LLC c/o Todd R. Bartos, Esquire STEVENS & LEE, PC 4750 Lindle Road P.O. Box 11670 Harrisburg, PA 17108-1670 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PLAINTIFF'S NEW MATTER TO DEFENDANTS COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully REAGER & Date: October 16, 2003 Attorney I.D. No. 16267 Thomas 0. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM WITH NEW MATTER REPLY TO NEW MATTER, Denied. It is specifically denied that the Defendant did not order Plaintiff to perform work outside the specified contractual services set forth in Exhibit "A" to the Plaintiffs Complaint. On the contrary the Defendant did order Plaintiff to perform services outside the scope of the original agreement which services are set forth more specifically in the Plaintiff's invoices attached to Plaintiffs Complaint at Exhibit "B". By way of further response it is specifically denied that Plaintiff performed any of its work in a deficient manner. On the contrary Plaintiff performed all items of work in a good and workmanlike manner. By way of further response, the Defendant never objected to Plaintiff s invoices and did not provide any timely notice to Plaintiff that it did not intend to fully pay Plaintiff s invoices due to any alleged deficiencies in Plaintiff s work. 2. Denied. The averments of paragraph 2 constitute conclusions of law to which no responsive pleading is required. 3. Denied. The averments of paragraph 3 constitute conclusion of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, the Plaintiff denies each and every factual averment. 4. Denied. The averments of paragraph 4 constitute conclusions of law to which no responsive pleading is required. ANSWER TO COUNTERCLAIM 1. Denied. It is specifically denied that the scope of work under the agreement between the Plaintiff and Defendant are as alleged in paragraph 1 of the Counterclaim. By way of further answer, the scope of work which the Plaintiff agreed to perform are set forth in the document attached to the Plaintiff's Complaint as Exhibit "A". 2. Denied. The payment terms set forth in paragraph 2 are denied. By way of further response under the terms of the agreement between the parties as set forth in the document attached to the Plaintiff's Complaint as Exhibit "A" the Defendant was expressly required to pay the Plaintiff upon receipt of each of the Plaintiff's monthly billings which the Defendant failed and refused to do. 3. Admitted. 4. Denied. It is specifically denied that the Plaintiff failed to perform its work in a good and workmanlike manner. By way of further answer the Plaintiff performed all of the work for which it submitted invoices in a good and workmanlike mariner. 5. Denied. It is specifically denied that the Plaintiff failed to perform any of the work for which it submitted invoices in a less than good and workmanlike manner. By way of further answer it is specifically denied that any of the items alleged to have been performed in a deficient manner as alleged in paragraph 5 (a.) through (d.) were performed in a deficient manner. On the contrary, Plaintiff performed each and every item of work in a good and workmanlike manner. By way of further answer it is specifically denied that the Plaintiff caused any delay in the permitting process inasmuch as this work was never to be performed by the Plaintiff. Any and all alleged delays were caused by the actions or inactions of the Defendant which delayed the process. 2 6. Denied. It is specifically denied that the Plaintiff failed to perform its work in a good and workmanlike manner or that the Plaintiff caused the Defendant any amount of damages. By way of further answer Plaintiff incorporates herein by reference its answer to paragraph 5 and its New Matter which follows. Denied. It is specifically denied that the Defendant advised the Plaintiff of any deficiencies that required correction by the Plaintiff. 8. Denied. It is specifically denied that the Plaintiff failed to correct any deficiencies in its work inasmuch as there were no deficiencies in the work performed and invoiced by the Plaintiff and the Defendant never provided the Plaintiff with any notice of deficiencies which formed the basis of the Defendant's failure and refusal to pay the Plaintiff's invoices in a timely manner. 9. Denied. The averments of paragraph 9 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, the Plaintiff denies each and every factual averment. 10. Denied. It is specifically denied that the Plaintiff has failed to perform under the agreement. By way of further response the Plaintiff has performed all of its obligations in a good and workmanlike manner. 11. Denied. It is specifically denied that the Plaintiff failed to perform in any manner as alleged in paragraph 11. By way of further answer it is further denied that the Defendant was required or had to hire another surveyor/engineer as a result of any failure on the part of the Plaintiff. By way of further response the Plaintiff fully performed all of its work in a good and workmanlike manner. WHEREFORE, Plaintiff, Melham Associates, PC, respectfully requests this Honorable Court to dismiss Defendant's Counterclaim with prejudice, costs and attorney's fees. NEW MATTER TO COUNTERCLAIM 12. Plaintiff incorporates herein by reference the averments of its Complaint, Reply to New Matter and Answer to Counterclaim as if set forth fully herein. 13. Defendant's Counterclaim fails to state a cause of action upon which relief can be granted. 14. Other than a letter sent by Defendant several months after it received Plaintiff's last invoice alleging an incorrect elevation for a catch basin, which allegation is untrue and therefore denied, the Defendant never gave the Plaintiff any notice of any alleged deficiencies in its work to support its failure and refusal to pay the Plaintiffs invoices. 15. Any and all damages alleged by the Defendant were caused by the actions and inactions of the Defendant and/or persons or entities other than the Plaintiff. 16. The Defendant continually promised to make payment to the Plaintiff for the extra work set forth in the Plaintiff s invoices until the time when the Plaintiff was forced to file a Complaint to collect passed due payment. 17. Any and all delays in the completion of the Defendant's project were caused by the actions and inactions of the Defendant and/or the Defendants agents and not caused by the Plaintiff. 18. The Defendant failed to mitigate its damages, to the extent that any damages have been suffered. 19. It is believed and therefore averred that the Defendant has failed and refused to fully pay other contractors who performed work at the request of the Defendant on the Project. 4 20. The Defendant's Counterclaim is barred by the doctrine of promissory estoppel. 21. The Defendant's Counterclaim is barred by the doctrines of waiver and estoppel. 22. The Plaintiff was justified in discontinuing any further work on the Project due to the Defendant's breach of the agreement to timely pay Plaintiff invoices and Defendant's failure and refusal to pay the invoices of the Plaintiff in full. WHEREFORE, Plaintiff, Melham Associates, PC, respectfully requests this Honorable Court to dismiss the Defendant's Counterclaim with prejudice, costs and attorney's fees. Respectfully Date: October 16, 2003 l" The dore A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I. D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 16th day of October, 2003, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Todd R. Bartos, Esquire STEVENS & LEE, PC 4750 Lindle Road P.O. Box 11670 Harrisburg, PA 17108-1670 WILLIAMS, ESQUIRE VERIFICATION I, John Melham, hereby verify that I am the qrms ae of Melham Associates, PC and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Io 1JO-5 ZEY-A??...- -? c? ?-? <, 7 1 np;. y --_ ?' ' r ' `} T (: J !li ? tTl ? '; MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; the Defendant objected to the description of documents to be produced in the proposed subpoena. Counsel for the Plaintiff and counsel for the Defendant have subsequently resolved the objections with a revised description of documents and Defendant's counsel has advised the Plaintiff's counsel to proceed to serve the revised subpoena upon the entity to be served; and 4. the subpoena which will be served has been revised in accordance with the agreement of counsel and as such is not identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: January 22, 2004 REAGER ,P Thomas . Wi iams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW NOTICE OF INTENT TO OBTAIN A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Melham Associates, PC intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the issuance of the subpoena. If no objection is made the subpoena may be served. Date: December 31, 2003 Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff Attorney I.D. No. 67987 2331 Market Street %,OMMONWEALTH OF PENNSYLVANk.. COUNTY OF CUMBERLAND MELHAM ASSOCIATES, PC, Plaintiff v Docket No. 03-3969 V. WESTWOOD HILLS ASSOCIATES, LLC, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents of any kind whether in electronic form or written form regarding Westwood Hills Associates, LLC, including but not limited to, all correspondence, applications, reports, messages, memoranda, telephone messages and analyses. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Thomas O Williams Esquire Address: Rea er & Adler P.C. 2331 Market Street Cam Hilt PA 17011 Telephone: (717) 763-1383 Supreme Court ID# 67987 Attorney For: Plaintiff Melham Associates PC Prothonotary/Clerk, Civil Division Date Seal of the Court BY THE COURT: Deputy (Eff. 7/97) U II c mT .r I - - f n '7 MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; no objection to the subpoena has been received; and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: January 26, 2004 Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff Attorney I.D. No. 67987 2331 Market Street MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW NOTICE OF INTENT TO OBTAIN A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Melham Associates, PC intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the issuance of the subpoena. If no objection is made the subpoena maybe served. REAGER Date: January 5, 2004 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff L UlMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND MELHAM ASSOCIATES, PC, Plaintiff V. Docket No. 03-3969 WESTWOOD HILLS ASSOCIATES, LLC, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 All documents of any kind whether in electronic form or written form regarding Westwood Hills Associates, LLC, including but not limited to, all correspondence, applications, reports, messages, memoranda, telephone messages, analyses, proposals, contracts and invoices. at Reager & Adler P.C., 2331 Market Street Camp Hill Pennsylvania 17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Thomas O. Williams, Esquire Address: Reager & Adler, P.C. 2331 Market Street Camp Hill PA 17011 Telephone: (717) 763-1383 Supreme Court ID# 67987 Attorney For: Plaintiff, Melham Associates, PC Prothonotary/Clerk, Civil Division Date: Seal of the Court BY THE COURT: Deputy (Eff. 7/97) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: d ? °r w `re CP MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; no objection to the subpoena has been received; and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: January 26, 2004 Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW NOTICE OF INTENT TO OBTAIN A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Melham Associates, PC intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the issuance of the subpoena. If no objection is made the subpoena may be served. Date: January 5, 2004 Thon?As O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff MMONWEALTH OF PENNSYLVANIk. COUNTY OF CUMBERLAND MELHAM ASSOCIATES, PC, Plaintiff V. Docket No. 03-3969 WESTWOOD HILLS ASSOCIATES, LLC, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: John Murphy of Alpha Consultants, 429 South 18th Street, Camp Hill, Pennsylvania 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents of any kind whether in electronic form or written form regarding Westwood Hills Associates, LLC, including but not limited to, all correspondence, applications, reports, messages, memoranda, telephone messages, analyses, proposals, contracts and invoices. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Thomas O. Williams, Esquire Address: Reaper & Adler. P.C. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Supreme Court ID# 67987 Attorney For: Plaintiff. Melham Associates. PC Prothonotary/Clerk, Civil Division BY THE COURT: Seal of the Court Deputy (Eff. 7/97) N 9 1 ? gal co 3 ?C7 • (Un c MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; no objection to the subpoena has been received; and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. REAGER & Date: January 26, 2004 0. Williams, Esquire Attorney 1. D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW NOTICE OF INTENT TO OBTAIN A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Melham Associates, PC intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the issuance of the subpoena. If no objection is made the subpoena maybe served. Date: January 5, 2004 Attorneys for Plaintiff Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 NIMONWEALTH OF PENNSYLVANI, COUNTY OF CUMBERLAND MELHAM ASSOCIATES, PC, Plaintiff V. Docket No. 03-3969 WESTWOOD HILLS ASSOCIATES, LLC, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tim Wakefield PLS of Act 1 Consultants 2656 Walnut Street. Harrisburg, PA 17103 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents of any kind whether in electronic form or written form regarding Westwood Hills Associates, LLC, including but not limited to, all correspondence, applications, reports, messages, memoranda, telephone messages, analyses, proposals, contracts and invoices. at Reager & Adler P.C., 2331 Market Street Camp Hill Pennsylvania 17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Thomas O. Williams, Esquire Address: Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Supreme Court ID# Attorney For: Plaintiff, Melham Associates. PC Prothonotary/Clerk, Civil Division BY THE COURT: Seal of the Court Deputy (Eff. 7/97) d ? F N a CD it, -0 v 4p MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. no objection to the subpoena has been received; and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: January 26, 2004 Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION - LAW NOTICE OF INTENT TO OBTAIN A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Melham Associates, PC intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the issuance of the subpoena. If no objection is made the subpoena may be served. Date: January 5, 2004 REAGER .C Z Tho a i liams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff G-.. MONWEALTH OF PENNSYLVANI/, COUNTY OF CUMBERLAND MELHAM ASSOCIATES, PC, Plaintiff V. Docket No. 03-3969 WESTWOOD HILLS ASSOCIATES, LLC, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Rodney Krebs of Springfield Contractors. Inc., 290 Seaks Run Road Glenn Rock Pennsylvania 17327 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents of any kind whether in electronic form or written form regarding Westwood Hills Associates, LLC, including but not limited to, all correspondence, applications, reports, messages, memoranda, telephone messages, analyses, proposals, contracts and invoices. at Reager & Adler. P.C., 2331 Market Street. Camp Hill, Pennsylvania 17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Thomas O. Williams. Esquire Address: Reager & Adler. P.C. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Supreme Court ID# 67987 Attorney For: Plaintiff. Melham Associates. PC Prothonotary/Clerk, Civil Division BY THE COURT: Date: Seal of the Court Deputy (Eff. 7/97) w a REAGER & ADLER, P.C. BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JietrzakoaReai;erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorney for Plaintiffs Melham Associates, PC MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION -LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John H. Pietrzak, counsel for the Plaintiff, Melham Associates, PC, in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $12,471.25. The counterclaim of the Defendant in the action is $25,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as Arbitrators: Todd R. Bartos, Esquire, Mark Bradshaw, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. REAGER & ADLER, P.C. Date: January 26, 2007 /' & 2'?' ? Jo )0. Pietrzak, Esquire torney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 CERTIFICATE OF SERVICE AND NOW, this 26th day of January, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Mark Bradshaw, Esquire Stevens & Lee, P.C. Harrisburg Market Square 17 North Second Street 16th Floor Harrisburg, PA 17101 i k 1 Pietrzak 711. f? '?°: O Q REAGER & ADLER, P.C. BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs Melham Associates, PC MELHAM ASSOCIATES, PC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant : NO. 03-3969 : CIVIL ACTION -LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John H. Pietrzak, Esquire, as counsel for the Plaintiff, Melham Associates, PC, in the above action. REAGER & ADLER, P.C. Date: January 26, 2007 Jo . Pietrzak, Esquire ,Xftomey I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff Melham Associates, PC CERTIFICATE OF SERVICE AND NOW, this 26th day of January, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Mark Bradshaw, Esquire Stevens & Lee, P.C. Harrisburg Market Square 17 North Second Street 16th Floor Harrisburg, PA 17101 rs C n MELHAM ASSOCIATES, PC, Plaintiff v. WESTWOOD HILLS ASSOCIATES, LLC, ' Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03-3969 CIVIL ACTION -LAW ORDER AND NOW, 2007, in consideration of the foregoing Petition, ?• "_,Esquire; a Lz P1. ?Z&Ebnkqo, Esquire; and , Esquire, are appointed arbitrators in the above- captioned action as prayed for. By the C , r W?0'1 P.J. ?1 ?- ?tip"? .0A L ~ .0fielham Associates, PC Plaintiff Westwood Hills Associates,. T•T,(1 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 03 - 3969 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. /S/ Robert C. Saidis Signature Robert C. Saidis Name (Chairman) Saidis, Flower & Lindsay Law Firm 26 West High Street Address Carlisle, PA 17013 City, zip /S/Karl N Ledebe Signature Karl M. Ledebohn Name Law Firm P. O. Box 173 Address /S/ Wade D. Manley Signature Wade D. Manley Name Johnson Duffie Law Firm P. 0. Box 109 Address New Cumberland, PA 17070-0173 Lemoyne, PA 17043-0109 City, zip city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) In favor of the Plaintiff and against the Defendant in the amount of $33,636.42. . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: April 18, 2007 VI /S/ Robert C. Saidis Robei-t C. Saidis (Chapman) April 18, 2007 Date of Award: /S/ Karl M. Ledebohm Karl M. Ledebohn - /S/ Wade D. Manley 77'7 Wade D. Manley Notice of Entry of Award Now, the A4'0' day of 0. , 20_0 1 , at 3: W P .M., the above award was entered upon the docket and notice there & given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3_50, OD By: Prothonotary Deputy MEL'HAM -ASSOCIATES, PC, Plaintiff WESTWOOD HILLS ASSOCIATES, LLC Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 03-3969 Civil Action - Law OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution this Commonwealth and that we will discharge the duties of our office w' f *fie ity. Cha . Le Wade D. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) /'.U E6?O - 06' TM!!? )o0L4(A) rJ F t AyoP A&A-1 le c i VIE /N `7' t= 2tm ate N? o F 2- . Arbitrator, dissents. (Inse Date of Hearing: 04/18/07 Date of Award: y I !'? ert fi!. Ka rA M. L L 14/4u vU R Wa e D. Ma 1 s-(r NOTICE OF ENTRY OF AWARD f applicable) i Now, the day of 2007, at , _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrator's compensation to be paid upon appeal: Prothonotary By: Deputy C.Ple-5 lid . Cad r _ _1 T I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melham Associates, P.C. , Plaintiff Vs File No. Westwood Hills Associates, LLC 03-3969 Civil Term Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Defendant, Westwood Hills appeals from the award of the board of arbitrators entered in this case on May 24, 2007 A jury trial is demanded . (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (3) mlicatle- has be ' on-made -far- pemiissici?rto-grot -in ermapa eris. (Strike out the inapplicable clause.) G/zlr, Appellant or Attorney of Appellant 17 North Second St. Mark D. Bradshaw, Esquire 16th Floor Stevens & Lee, P.C. Harrisburg, PA 17101 Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required Adopted March 16, 1981, effective May 15, 1981. } 4 r tMelham Associates, PC Plaintiff Westwood Hills Associates, r,r.(, Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 03 - 3969 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. /S/ Robert C. Saidis Signature Robert C. Saidis Name (Chairman) Saidis, Flower & Lindsay Law Firm 26 West High Street Address Carlisle, PA 17013 City, zip /s/u;.xl N Ledebohm Signature Karl M. Ledebohn Name Law Firm P. O. Box 173 Address /S/ Wade D. Manley Signature Wade D. Manley Name Johnson Duffle Law Firm P. O. Box 109 Address New Cumberland, PA 17070-0173 City, zip Lemoyne, PA 17043-0109 City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) In favor of the Plaintiff and against the Defendant in the amount of $33,636.42. . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: April 18, 2007 Date of Award: April 18, 2007 S1 Robert C. Saidis Robert C. Saidis (Chairman) 1S/ Karl M. Ledebohm Karl M. Ledebohn, /S/ Wade D. Manley, ` Wade D. Manley Notice of Entry of Award Now, the 0111r* day of 0. , 20_x, at 3: So , P.M., the above award was entered upon the docket and notice there f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350 . DO ?..?. Rr In ToWmay wh@W, I here unto sd my h By: ad g 00 of said Court at CarIft Pa. In I Prothonotary D "7 I CERTIFICATE OF SERVICE I, Alana L. Souders, Legal Assistant to Mark D. Bradshaw, Esquire, hereby certify that I caused a true and correct copy of the foregoing Notice of Appeal to be served upon the following counsel of record via First Class United States mail, postage prepaid, addressed as follows: John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Date: June 25, 2007 e a G ° C - U •` Lo -90 L£3 Pelham Associates, PC Plaintiff Westwood Hills Associates, TITIC Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 03 - 3969 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. /S/ Robert C. Saidis Signature Robert C. Saidis Name (Chairman) Saidis, Flower & Lindsay Law Firm /S/Karl ? . 1 kQde14A=Q Signature Karl M. Ledebohn Name Law Firm /S/ Wade D. Manley Signature Wade D. Manley Name Johnson Duffie Law Firm 26 West High Street P. O. Box 173 P. O. Box 109 Address Address Address Carlisle, PA 17013 New Cumberland, PA 17070-0173 Lemoyne, PA 17043-0109 City, zip city, zip City, zip ? Ia?a?l # l8370 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) In favor of the Plaintiff and against the Defendant in the amount of $33,636.42. . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: April 18, April 18, 2007 /S/ Robert C. Saidis 3,' 5 ,yt Robert C. Saidis (Chairman) _ 2007 /S/ Karl M. Ledebohm.: Karl M. Ledebohn fSI Wade D. Manley Wade D. Manley Notice of Entry of Award Now, the a?* day of 4, , 20-0-j-, at 3: 50 P .M., the above award was entered upon the docket and notice therdf by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3 0 . DD By: Prothonotary Deputy MFLIAM sASSOCIATES, PC, Plaintiff WESTWOOD HILLS ASSOCIATES, LLC Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 03-3969 Civil Action - Law OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution this Commonwealth and that we will discharge the duties of our office wf ?jeji SAj-$W /Cha . Le Wade D. Mdnl AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) (e-1 Arbitrator, dissents. (Insert- a e .r Date of Hearing: 04/18/07 obert Date of Award: Ka M Ledebo L--/ Wade D. Ma l?! NOTICE OF ENTRY OF AWARD f applicable) i Now, the day of , 2007, at , _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrator's compensation to be paid upon appeal: Prothonotary By: Deputy , fot C? jOr , 30VP 0.0- .11 a0 ,(?eye? 7? P41- ;t ,r 14k MELHAM ASSOCIATES, PC, Plaintiff V. WESTWOOD HILLS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3969 CIVIL ACTION -LAW PRAECIPE TO LIST CASE FOR TRIAL To the Prothonotary: Please list the above-captioned matter for trial. A bench trial is requested. Respectfully submitted, REAGER & ADLER, P.C. Tomas O. Williams, Ekquire Attorney I.D. No. 67987 John H. Pietrzak, Esquire Attorney I.D. No.: 79538 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Melham Associates, P.C. l!p '4? CERTIFICATE OF SERVICE AND NOW, this 13'h day of July, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Todd R. Bartos, Esquire STEVENS & LEE, PC 4750 Lindle Road P.O. Box 11670 Harrisburg, PA 17108-1670 Jo?fi H. Pietrzak, Es wire N ? ?t1 -Ti _Cl (`a 4 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ? for trial without a jury. ------------------------------------------------------------------------------------------------------ CAPTION OF CASE (entire caption must be stated in full) (check one) Melham Associates, PC (Plaintiff) VS. Westwood Hills Associates, LLC VS. (Defendant) ?R Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. of--jgtig Term Indicate the attorney who will try case for the party who files this pmecipe: John H. Pietrzak, Esquire Indicate trial counsel for other parties if known: This case is ready for trial. Signed: Print Name: John H. ; zak Date: August 20, 2007 Attorney for: Melham Associ a EC 4 4 fti CERTIFICATE OF SERVICE AND NOW, this 20th day of August, 2007,1 hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Mark Bradshaw, Esquire STEVENS & LEE, PC 4750 Lindle Road P.O. Box 11670 Harrisburg, PA 17108-1670 46i-/- JPietrzak, Esquire TAO Ak_ I?a a .SJ MELHAM ASSOCIATES, PC, Plaintiff v WESTWOOD HILLS ASSOCIATES, LLC,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-3969 CIVIL TERM IN RE: FOR BENCH TRIAL ORDER OF COURT AND NOW, this 16th day of October, 2007, upon consideration of the call of the civil trial list in the above-captioned case, and pursuant to an agreement of counsel as indicated by John H. Pietrzak, Esquire, on behalf of the Plaintiff, this case is to be tried nonjury, and the Court Administrator is requested to assign it to a judge for this purpose. By the Court, 2 Xhn H. Pietrzak, Esquire 331 Market Street Camp Hill, PA 17011-4642 For Plaintiff ark D. Bradshaw, Esquire 17 North Second Street P.O. Box 11670 Harrisburg, PA 17108-1670 For Defendant Court Administrator A mae CJ? ? ._? mac 4; . C` 00 := r3 ?F o was O N c? MELHAM ASSOCIATES, PC, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WESTWOOD HILLS ASSOCIATES, LLC, DEFENDANT : 03-3969 CIVIL TERM ORDER OF COURT AND NOW, this 091, day of October, 2007, a non-jury trial shall commence at 8:45 a.m., Wednesday, December 5, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. /,ohn H. Pietrzak, Esquire 2331 Market Street Camp Hill, PA 17011-4642 For Plaintiff hark D. Bradshaw, Esquire 17 North Second Street P.O. Box 11670 Harrisburg, PA 17108-1670 For Defendant Court Administrator sal J ? r- t tLLU i? E3_ cam, a