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Home My WebLink About03-4408 BS & T Labs, Inc., Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYL VANIA CUMBERLAND COUNTY BRANCH CNIL ACTION - LAW Dawood Engineering, Inc., Defendant No. 2003 - ~I..(()j> Ciu~l /~ NOTWF 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 either 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 wamed 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, Pennsylvania 17013 (717) 249-3166 . , v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CNIL ACTION - LAW BS & T Labs, Inc" Plaintiff Dawood Engineering, Inc" Defendant No. 2003 - ,-/JjDr CjotJ~ COMPT ,ATNT TN ASSTlMPSTT AND NOW, comes the Plaintiff, BS&T Labs Inc., by and through its attorneys, Walz, Walz, Scaringi & Scaringi, who respectfully avers the following: 1. Plaintiff is a corporation incorporated under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 1192 Perry Valley Road, Liverpool, Perry County, Pennsylvania, 17045. 2, Defendant is a corporation incorporated under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 2040 Good Hope Road, Enola, Cumberland County, Pennsylvania, 17025, 3. Plaintiff, BS&T Labs, Inc" is in the business of providing a variety of soil and concrete testing services in both the field and the laboratory. 4. On or about June 1,2000, Plaintiff and Defendant entered into a contract in which Plaintiff agreed to provide testing services for the Defendant in consideration for the Defendant's agreement to pay Plaintiff for the value of those services at the Plaintiff s standard rate. 5, Said agreement between the Plaintiff and Defendant originated in Dauphin County, 6. Pursuant to said agreement, Plaintiff did perform services and provided invoices to Defendant as follows: INVOICE # L-900-534 1--900-568 L-900-578 L-900-577 INVOICE DATE 06/30/00 10/06/00 10/27/00 10/30/00 11/30/00 11/30/00 12/29/00 01/31/01 03/16/01 1--900-588 L-2047 TOTAL AMOUNT BILLED 52.00 296.00 645.00 740.00 345.00 487.30 52.00 156.00 $1,10000 $5,873.30 Copies of said invoices are attached hereto and marked Exhibit "A". 7. The services rendered by the Plaintiff were, at all times, proper, satisfactory and consistent with and in performance of the agreement between the parties. 8. Defendant, after demand, has refused or otherwise failed to pay the invoices identified above in the amount of$5,873.30. 9. Defendant's failure to remit to Plaintiff the sum of $5,873.30 is a material breach of the agreement between the Plaintiff and the Defendant. 10. Plaintiff is entitled to the principle amount owed, $5,873.30, plus interest at the legal rate of six percent (6%) on the unpaid invoices from thirty (30) days after the date of invoice until the date ofpayment. . . WHEREFORE, Plaintiff, BS&T Labs, Inc., prays that Your Honorable Court order and decree judgment against the Defendant in the amount of$5,873.30, plus interest at the legal rate from thirty days after the date of each invoice until payment is made, and all cost associated with this suit. Respectfully submitted, !Jr::1;ari~~r Supreme Court ID No. 88346 Walz, Walz, Scaringi & Scaringi 341 Market Street Newport, P A 17074 (717) 567-6993 Attorney for Plaintiff BS & T Labs, Inc., Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 12th JUDICIAL DISTRICT OF PENNSYLVANIA DAUPHIN COUNTY BRANCH CNIL ACTION - LAW Dawood Engineering, Inc., Defendant No. 2003 - VRRTFrCA TTON I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Date: 8-' J-G. -C 3 ~~.r1 William A. Mehalick President, BS&T Labs, Inc. BS AND T LABS, INC. P.O. Box 15360 HARRISBURG. PA 17105-5360 Invoice (717) 238.9475 fAX (717) 238.9121 TO Dawnnd F.nginppring Attn: Richard A. Castranio, Jr. 2040 Geod Hepe Road P.O. Box 246 Enola, PA 170;;>5 DA 1E ..~~.._ 6/30/00 ......................m.. JOB NO. L - 9 0 0 - 5 3 4 JOBNAME,...Capi.ta 1 ffpi'Jhts Phac:oi>"" JOB LDCA TIDN TERMS Invoice No. 1 - June ... ~ ..1.. '". .~c.~r~"'$ i'!ii.~':2~';J.E~:.:s~",';_;-:.r;~~~~;;?;c;c''''~:O>i<ih:-}.s,:'- DESCRIPTIDN':,\," TOTAL . AMDUNT:9l1;~.: I . I ;> fo n r.._.....m.52~.G!L- I I I I I ....-._.......~H~........NH.._._...-r.__ I I r I r ...._~~....--._.T.~-~--_. I I r I I ..... ~..._......~.~._.._~..H.~ ...-.T~--..-._._. r I .. --- ~ - ------ I r I .... . . .........~....._.._.~......__.-.h..T~-.._.~--~. r I ......... ....................._ .... ...........H.H.._..._....__........_[".._HH____... r I ....,.~_..._..H...._...~i- r I I I r r I I r I I r I r I I I I r I _........... _......._~..H_._..__._.......I_...._.___. I I I I r , , r I I 52 ,00 ".",.:,~.; PRICE > '). n ffn(lrc: Tpchnicin~ Regular Hours (fo/')q/nn ~..._..,., > . Original E Ull brt '~A II ~ 40% Pre-COnsumer Con. lent .~ 10% Posl.!;onsutT1er ~ll!nt Thank Ypu BS AND T LAEIS, INC. P.O. Box 15360 HARRISBURG, PA J 7105.5360 Invoice m (717) 238.9475 FAX (717) 238.9121 Dawood Enginee~ing OA TE__.L?/??l,QQ___,_ JOB NO. L - S' 00- 5 3 ~ CapiioP Heighi~ - Pha~e Il ...loa NAME ~~...m'~__"_M...~..m.............__.~_.........."..........."..........~.._._ ..................."............_.......................,............._...M.._.._......."............................. (itin: Richa~d A. Ca~i~anio, In.. '2040 qood Hope Road P:O:lJox2 46'. ..." ... Eno PA 17025 JOB LDCA TION ........__.."... TERMS Invoice No. 2 - Decemgen. (.! :;.~'. . DESCRIPTION , .__. PRICE. '-" "0',' 7.. AMOU~ I 26.00 52 ;00 > 2 ftoun.~ 7echnician ReguPan. ftoun.~ (12/4/00) 707AL I I I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I I I , I I I I I I 52 '00 I > Original E xII/brt ':A" 7:iJ 40% Pro.Consumer Conlanl " ,:,:. 10% rO$I-CO-'~LJ,.,...r CO'l!"'l! Thank You BS AND T LABS, INC. P.O. 130x j :,360 HARRISBURG. PA ] 7105.5360 (717) 238.9475 FAX (717) 238.9121 m TERMS Invoice /Vo.' 3 - Janua//.!J )it:. > 6 /tou//.-6 DESCRIPTION 7echnician Regula//. /tou//.-6 :.~ ,. . . . : "'~ . DAlE 1/4 1/5 1/17 > Original c'thibft "All Invoice .JOO NAME .Jon LDrA TION DATE .XI3J/QI... JOB NO. L - 9 00- 5 3 .....Cap-ito.!: fleilfh~.o.,.. Pha-6e II Dawood Enginee//.ing lIEnT R1Chu//.d.. A. CU;'litUfilo; 2040 yood /tope Road ......1>:,0.. . IJo-t .?46 [nola, PA 17025 PRICE .." :,." '., AMOU~ I 156 '00 I I , I I I I I I I ...........-.......-.--.r-- I I 26.,00 SUf'lf'lARIj /tOURS 2., 2.,0 2;,0 40% r'ru.Con~um(lr Conlon1 1f'U.;l'n':I_C'U'l'.I"",.,r:CHli',"1 707AL I I I ........................-...-,- r I I I , I I I I I I .._....~_...__M~j__ I I .........--1- I I .... ...... "'H"'h'''_''_''~--''---r- I I .............._......____h,_ I I .'....'..-.......---T- I I I I I , I I I I I I I , , ......,--1'- I I I I I ...........m...--.._.H.~l-- $156' 00 I Thank You as AND T LABS, INC. P.O. Box 15360 . HARRISBURG. PA 17105,5360 InvoicE! (717) 238.9475 FAX (717) 238.9121 TO Dawood Engineering Attn: TarIc!,Aiiilri' P.O. Box 246 ...'2040-GOOO....ifOpe....ROad. E;rJ,,?~,a , P A..... ...1?9 2 5 DATE 10-6-00 ..._...'__,._ J08NO. T.-q.oO-'iliR J08 NAME...!?;i"qgg.!!!?_Q_~,rg,..Foad Bridqe JOB LOCA TlON ~_.....~._....__.__.._.._._..~__._._.._.___.__._... TIRMS Invoice No. 1 - October > 2 Tests DESCRIPTION'. ..,.. ... Natural Moisture Contents ',.', ........ PRICE .., ..";;,,,. AMDUNllillIlIIlI! , ,.!r::i.,'~ 8.00 16 'DO I , 2 Tests Atterberg Limits 40.00 80 'DO , I 'DO , 2 Tests Sieve Analysis wi Hydrometers 100.00 200 > .' TOTAL I , I I , I I ...... - . . .., ........--...'-..',--- , I I I I .....-...---------...-..---1"-- 296 100 , Original E'~hi bi -t atA'. .m 40% Pre-Consumer Contant 'flY 10% Post-Consumer Conlon! Thank You ro TERMS ':. ::.~.. ." . > 1 7e-6t 1 7e-6t > Original BS AND T LABS, INC. P.O. Box j 5360 HARRISBURG. PA 17105.5360 (717) 238-9475 FAX (717) 238,9121 Dawood Eng-ineell.-ing Attn: -- 7 a~-iq Am-in P.IO., Box 246 204 0 97:,o-d7l~-pe Ro;d Eno.ea, PA 17025 Standall.d Pll.octOIl. AS7~ D DESCRIPTION Invoice CATE JOe NAME .JOB LOCATlON 698 3 Po-int Ca.e-itoll.n-ia Beall.-ing Rat-io 7e-6t E~h\~i\ -1\ 707AL :~ <10'% Pro.COorlSUlTlflf Conte"l r ':... ,r-.; PO~I.SO"l~\fl"\(" c~~".., 11 / 30/00 Navy Depot JOB...,. L-900-571 *Rev-i-6ed Invo-ice ..'" PRICE. {'.Ii 270.! 00 75.,00 :'." ',' AMOUNt.. I 75 '00 I I 270 'DO I 345 00 Thank You BS AND T lABS. INC. P.O. Box 15360 HARRISBURG. PA 17105-5360 Invoice (717) 238.9475 FAX (717) 238..9121 TO Dawood Engineering ....'A'ffii:'......Tiiilq..Amfii. P.O. Box 246 m'201fO'...Good. ..Hope'ROiid Enola, PA 17025 10/27/00 OA TE N".,....__.._...._.... J08NO. L-900-578 Navy Depot ..JOB NAME ..,........___......_............_..._..__....._..._". *Revised Invoice JOB LDCA TIQN __H._._.___._......H_.."...H..._.___..._._... TIRMS Invoice No. 1 - October > 1 Test standard Proctor ASTM D 698 75.00 "0' '<, AMOU~ I 75 I 00 I I 300 '00 I I .>~ ::.,'," DESCRIPTION PRICE . -..~,.~ 2 Tests Complete Classifications 150.00 1 Test California Bearing Ratio 270.00 270 I 00 I I I I I I I .n ..---.........-..----1.- I I I I I I I I I I I I I I I I I I I I I I I > TOTAL I I I I I I I I I I I : 00 I 645 Original E"hi bit "A- !7.l.. 40% Pre-Consumer Content ~-:'y 10% Post.Co~slJmer CO"lll~' Thank You as AND T LABS, INC. P.O, Box 15360 HARRISBURG. PA 17105.5360 Invoice (717) 238.9475 FAX (717) 238-9121 m Dawood Engineering, Inc. AHn:............Tar'ig:....Aiiilii.............. P.O. Box 246 Z040Good Hope Road .. Enola, PA 17025 DATE,_lPngIQQ_____. JOB NO. L-900-57~ Siddonsburg Road Bridge JOB NA1vIE .........................................,....._.......................... *Revised Invoice JOG LOCATION ........m................_......_..... ............................ TERMS Invoice No. 1 - October > 2 Hours DESCRIPTION Technician Regular Hours (10/11/00) PRICE ,.~.~. """. '., AMOU~ , 50'00 , I 540'00 , , 150:00 , I , , I , I I , I :'~ ::...... .' . 25.00 2 Sets California Bearing Ratio (3 Point Method) 270.00 2 Tests standard Proctor ASTM D 698 75.00 ...~...._.._._.H.__.__..I_ I I , , I I , , I I , , I , I , , .....................--..-1'- I , .....'.......-.....-..-1'-- , I , I , .........................-.........-j-.-- 740,00 I > TOTAL Original Eu"brt"A" <7.z., 40% Pro-Consumer Contaot '.:'/J 10.'0 ro~t.r:o"~lJm(" Conto'1! Thank You BS AND T LABS. INC. P.O. Box 15360 HARRISBURG. PA 17105,5360 '. Invoice " (717) 238.9.~75 fAX (717) 238.9121 TO Dawood Enginae4ing Attn:- 7a4iq Amin P'IO., Box 21,6 201,0 900d Hope Road Enola, PA 1 Z,025 OJ-TE 3/16/01 L-201,7 JOB 1\10. JOBNAtvtE Sideling Hili Salt St04age JOEl UJCATIO:\l PA 7u4npike TERMS Invoice No., 1 - f'la4ch :.~ ::.~'. '. DESCRIPTION " PRICE. ,., :..0..... AMOUN't~ I LIS 600 '00 > f'logilization & Demogilization ot f'len & Equipment 125 L1 Lineal 100tage 20.100/ L1 2500 00 Slif'lf'lARIf DAlE 17T3 ,}ILL 3/12 3/15 3714 HOLE # DEP7H . '8';1 .....-8.;0.j-------'--..---' . ... .,.,..I!=L _,,_,__.._,?2,],.W____________________ B-3 25.,0' B-1, 25.,0' '..8';'5'- .---'-25:;'(;";'- - ,..,..------..-- -- ---- ..___.._..._____1 ? 5 _, 0' > 707AL $ 3, 100 DC , Original E'l.11 , hi t ~ ~ :~ ~;~;c;,=~7:;.c;:;:;:, Thank VOL . . " '. , BS & T Labs, Inc., Plaintiff v, IN THE COURT OF COMMON PLEAS OF THE 12th JUDICIAL DISTRICT OF PENNSYLVANIA DAUPHIN COUNTY BRANCH CIVIL ACTION - LAW Dawood Engineering, Inc" Defendant No, 2003 - NOTTeR 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 either 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, Pennsylvania 17013 (717) 249-3166 ~ (:) ~ i? ., '&. 0 < B '" c> ,. ~ () (,., ........ "::S- .' Lv , - ~ , (); -r:J - I .. " .- p:: , '-.J ~.~:., ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-04408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BS & T LABS INC VS DAWOOD ENGINEERING INC RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAWOOD ENINEERING INC the DEFENDANT , at 0941:00 HOURS, on the 11th day of September, 2003 at 2040 GOOD HOPE ROAD ENOLA, PA 17025 by handing to SANDY GREEN, ADMINISTRATIVE ASSISTANT, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.97 .00 10.00 .00 36.97 r~/<:~ R. Thomas Kline 09/12/2003 WALZ WALZ SCARINGI SCARINGI Sworn and Subscribed to before me this /76 day of ~~~~ d.bo.3 A.D. n ,,-,C ~-'~ ~prothonotary By: ~7~ Deputy Sheriff BS & T LABS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA V. CUMBERLAND COUNTY BRANCH DA WOOD ENGINEERING, INC., DEFENDANT CIVIL ACTION - LAW NO. 2003-4408 CIVIL TERM 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 answer with new matter and counterclaim and notice are served, by either 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 counterclaim or for any other claim or relief requested by the defendant. You my 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 LEGALHELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BS & T LABS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA V. CUMBERLAND COUNTY BRANCH DA WOOD ENGINEERING, INC., DEFENDANT CIVIL ACTION - LAW NO. 2003-4408 CIVIL TERM ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, Dawood Engineering, Inc., by and through its attorneys, Reidenbach, Henderson & Pecht, and makes the following Answer with New Matter and Counterclaim: 1. (corresponding to numbering of Plaintiffs Complaint) Admitted on information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Denied. Defendant denies that Plaintiff and Defendant entered into "a contract" detailing the business relationship between Plaintiff and Defendant. By way of further answer, Defendant avers that a business relationship developed between Defendant and Plaintiff where each provided professional services for the other. To the extent that the averments in paragraph 4 of Plaintiff's Complaint are denied, proof thereof is demanded at trial, if relevant. 5. Denied. The allegations of paragraph 5 are hereby denied and proof thereof is demanded at trial, if relevant. 6. Admitted. 7. Admitted in part and denied in part. Defendant admits that the services were satisfactory and were actually provided by Plaintiff. Defendant denies that services were provided in accordance with any "contract." On the contrary, Defendant provided services to Plaintiff and Plaintiff provided services to Defendant from time to time as requested, and not pursuant to any ongoing, all encompassing "contract." 8. Denied. On the contrary, the amounts represented by the invoice referenced in Plaintiff s Complaint have been paid in full through the provision of services to Plaintiff by Defendant. The allegations of Paragraph 9 are specifically denied and proof thereof is demanded at trial if relevant. 9. Denied. On the contrary, the amounts represented by the invoice referenced in Plaintiffs Complaint have been paid in full through the provision of services to Plaintiff by Defendant. The allegations of Paragraph 10 are specifically denied and proof thereof is demanded at trial if relevant. 10. Denied. On the contrary, the amounts represented by the invoice referenced in Plaintiff's Complaint have been paid in full through the provision of services to Plaintiff by Defendant. The allegations of Paragraph 8 are specifically denied and proof thereof is demanded at trial ifrelevant. Additionally, Plaintiff is not entitled to recover any interest under existing Pennsylvania law. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint and to enter judgment in favor of Defendant and against Plaintiff. 2 NEW MATER 11. The averments in paragraphs 1-10 are incorporated at length as though fully set forth herein. 12. (continuing numbering of Plaintiff s Complaint) Plaintiffs claim against Defendant is barred by accord and satisfaction in that the amounts allegedly due from Defendant have been paid by the provision of professional services by Defendant, which services and the costs thereof are documented in invoices attached hereto as Exhibit "A" and incorporated herein by reference. 13. Defendant and Plaintiff developed a business relationship in which Plaintiff provided professional services to Defendant and Defendant provided professional services to Plaintiff. 14. Under the business relationship between Plaintiff and Defendant, amounts for services provided were credited against each other and only differences between such amounts were paid in cash. 15. Invoices outstanding and due from Plaintiff to Defendant are attached hereto as Exhibit "A" and incorporated herein by this reference thereto, and total $10,350, an amount greater than Plaintiff claims is due from Defendant. 16. No amount is due from Defendant to Plaintiff; in fact, Plaintiff owes Defendant money for professional services. 17. Plaintiff's claim is barred by the statute of limitations. 18. Plaintiff is estopped from claiming the amounts allegedly due from Defendant referenced in the Complaint because of the course of dealing between Plaintiff and Defendant. 3 WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiffs Complaint and to enter judgment in favor of Defendant and against Plaintiff COUNTERCLAIM 19. The averments of paragraphs 1-18 are incorporated herein as though fully set forth at length. 20. (continuing numbering in sequence from New Matter) Plaintiff and Defendant entered into a business relationship in which Plaintiff provided soil testing services to Defendant and its clients and Defendant provided professional engineering and related services to Plaintiff and its clients. 21. Under this business relationship, Plaintiff and Defendant provided services and recorded the amounts due for these services. Amounts due from Plaintiff for services provided by Defendant are as follows: Date 01/30/2001 01/30/2000 11/30/2000 08/31/2000 08/31/2000 04/6/2000 03/21/2000 03/21/2000 03/21/2000 02/25/2000 01/31/2000 Invoice No. 013001-F I 13000-B 113000-A 083100-D 083100-C 040600.00 032100-F 032100-C 032100-E 022500-0 200021-0 TOTAL 4 Amount $ 425.00 $ 700.00 $ 1,500.00 $ 1,950.00 $ 1,625.00 $ 900.00 $ 650.00 $ 650.00 $ 650.00 $ 650.00 $ 650.00 $10,350.00 22. The above-referenced invoices have been presented to Plaintifffor payment. 23. Plaintiff has refused to pay Defendant for the services referenced in Paragraph 21 above, even after repeated requests for payment. 24. Plaintiff owes Defendant $10,350, together with interest and costs of suit, an amount below the limits requiring arbitration of this matter. WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in favor of Defendant against Plaintiff in an amount that does not exceed the limits requiring arbitration of this matter. Respectfully submitted, REIDENBACH, HENDERSON & PECHT /r- Dated: January 9, 2004 Wayne . Pecht, Esquire 1dentification No. 38904 120 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9808 Phone (717) 766-3361 Fax Attorneys for Defendant 5 r- DAWOOD ENGINEERING. INC January 30, 2001 Project No; 200176.G Invoice No; 013001-F Mr. Joe Mehalick BORINGS, SOILS & TESTING CO. 1722 Chestnut Street Harrisburg, PA 17105 Project: 200176.G LIFT STATIONS 1,2, and 19 - BS&T Job No. J-4083 - ADDENDUM ProCessional Services: December 25. 2000 throul!h .January 25, 2001 . Provided an addendum to our Subsurface Investigation Report dated July 2000. The addendum was based on our review of plans and cross sections of proposed lift stations as requested by Tim Albert of Brinjac Engineering. The new plans indicated smaller footing sizes and loads and the presence of 13' -6" deep wet wells with each lift station. A copy of the addendum is attached for your use. . ~ Hours Rate Total Addendum to Subsurface Investigation Report 8.5 50.00 425.00 .A' TOTAL TIDS INVOICE $ 425.00 TERMS: DUE UPON RECEIPT Past 30 days a finance charge of 11/2% per month, whic.b is 18% annual rate will be added to the unpaid balance. This invoice-will be considered correct if not questioned in writing within ten days. Please include Invoice No. with remittance. P.O. BOX 246, Z040 GOOD HOPE ROAD, ENOLA, PA 17025 PHONE: (7171.7.l2-RC;76 FAY' (7171_7",._R':;IJ" EXHIBIT A-I .. .. (; J DAWOOD ENGINEERING. INC November 30, 2000 Project No: 200273,G Invoice No: 113000-B Mr. Joe Mehalick BORINGS, SOILS & TESTING CO. 1722 Chestnut Street Harrisburg, P A 17105 Project: 200273,G Susquehanna Valley Orthopedic Association, BS&T Job No. J-4092 Professional Services, October 25. 2000 through November 25. 2000 . Subsurface Investigation Report for Susquehanna Valley Orthopedic Association LUMP SUM: Subsurface Investigation Report FEE $ 700.00 % COMPLETE TOTAL FEE 100 % $ 700.00 TOTAL THIS INVOICE $ 700.00 TERMS: DUE UPON RECEIPT Past 30 days D finance charge of UI2'>;" per month, which is 18% annual rate will be added to the unpaid balance. This invoice will be considered correct if not questioned in writing within ten days. Please include Invoice No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA, PA 17025 PHONE: (7]7)_732-8576 FAX: (717\-7:12.R"96 EXHIBIT A-2 j G DAWOOD ENGINEERING. INC November 30, 2000 Project No: 20027LG fuvoice No: 113000-A Mr. Joe Mehalick BORINGS, SOILS & TESTING CO. 1722 Chestnut Street Harrisburg, P A 17105 Project: 20027LG Strossertown Bridge Replacement, BS&T Job No. J4120 Professional Services: October 25. 2000 through November 25. 2000 . Subsurface fuvestigation Report for StrossertDwn Bridge Replacement LUMP SUM: FEE % COMPLETE TOTAL FEE Subsurface fuvestigation Report $1,500.00 100% $1,500.00 TOTAL TillS INVOICE $ 1,500.00 TERMS: DUE UPON RECEIPT Past 30 days a finance charge of 1112% per month, which is 18% annual rate will be added to the unpaid balance. This invoice will be considered correct if not questioned in writing within ten days. Please include Invoice No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA, PA 17025 PHONE: (717).732-8576 FAX: (717).732-8596 EXHIBIT A-3 j\ b DAWOOD ENG1NEERlNG. INC August 31, 2000 Project No; 200177.G Invoice No; 083100-D Mr. Joe Mehalick BORINGS, SOlLS & TESTING CO. 1722 Chestnut Street Harrisburg, P A 17105 Project: 200177.G LIFT STATIONS 3,4,5, AND 6 - BS&T Job No. J-4083 Professional Services; JuIv 20. 2000 tbrDUlm AlllZUst 25. 2000 . Subsurface Investigation Report for Lift Stations 3, 4,5, and 6 LUMP SUM: FEE % COMPLETE TOTAL FEE Subsurface Investigation Report $1,950.00 100% $1,950.00 TOTAL TIDS INVOICE $ 1,950,00 TERMS: DUE UPON RECEIPT Past 30 days 11. finance charge of 11/2% per month, which is 18% annual rate will be added to the unpaid balance. This invoice will be considered correct if not questioned in writing within ten days. Please include InvoiCe No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA. PA 17025 l>ut'\I\J1?('7''7\_'7':l7_''<:'7'; 1<'.IY.('71'1\..'71?_~O;:I)f; EXHIBIT A-4 ".~ . "". . 1,~~",' DAWOOD ENGINEERlNG. INC Mr. Joe Mehalick BORINGS, SOILS & TESTING CO. 1722 Ches1nut Street Harrisburg, PA 17105 Project: 200176.G " ,~.:o.t-" . f\ :> \ \/ ' ~ August 31, 2000 Project No: 200176.G Invoice No: 083100-C LIFT STATIONS 1,2, AND 19 - BS&T Job No. J-4083 Professional Services: Julv 20, 2000 thrDll"" August 25. 2000 . Subsurface Investigation Report for Lift Stations 1, 2, and 19 LUMP SUM: FEE $1,625.00 Subsurface Investigation Report % COMPLETE 100 % TOTAL THIS INVOICE TOTAL FEE $ 1,625.00 $ 1,625,00 TERMS: DUE UPON RECEIPT Past 30 days a finance charge of 11/2% per month, which is 18% annual rate will be added to the unpaid balance. Tb.is invoice will be considered correct if not questioned in writing within ten days. Please include Invoice No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA, PA 17025 nn-ro.,,""'. I'''''' .,~... .,~..I: 1)'> v. '''''T'\ "~'1 o.:n.:" EXHIBIT A-5 DAWOOD ENGINEERING. INC. April 6, 2000 Mr. Joseph J. Mehalick BORING SOILS & TESTING CO., INC. 1722 Chestnut Street Harrisburg, P A 17105 Re: Invoice No. 040600.00 Invoice Period: February 01, 2000 to Anril 06, 2000 SERVICES RENDERED PROJECT # AMOUNT Geotechnical Report of Subsurface Investigation for: East Pennsboro Area High School 200068.G $ 900.00 TOTAL FEE DUE THIS INVOICE $ 900,00 TERMS: DUE UPON RECEIPT Past 30 days a imance ch~rge of 11/2% per month., which is 18% annual rate will be added to the unpaid ba'. Th'~' ~~ IS mee will be considered correct if not questioned in writing within ten days. Please include Invoice No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA,PA 17025 PHONE: (717}..732-8576 FAX: (717).732-8596 EXHIBIT A-6 DAWOOD ENGINEERING. 1NC March 21,2000 Mr. Joseph 1. Mehalick BORING SOILS & TESTING CO., INe. 1722 Chestnut Street Harrisburg, P A 17105 Re: Invoice No. 032100.F Invoice Period: Februarv 25. 2000 to March 20. 2000 SERVICES RENDERED PROJECT # Geotechnical Report of Subsurface Investigation for: Marshall Elementary School 200057.G TOTAL FEE DUE TillS INVOICE AMOUNT $ 650.00 TERMS: DUE UPON RECEIPT Past 30 days a finance charge of 1112% per month, which Is 18% annual rate will be added to the unpaid balance. This invoice wID be considered correct if not questioned in writing within ten days. Please include Iitvoice No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA, PA 17025 PHONF., ('71'7\..7'\1_Sl"'h FAY. {'71'7\"'7,\'_l<.l;OlO \;1 $ 650.00 EXHIBIT A-7 (\ ~. " DAWOOD ENGINEERING. INC. March 21, 2000 Mr. Joseph 1. Mehalick BORING SOILS & TESTING CO., INC. 1722 Chestnut Street Harrisburg, P A 17105 Re: Invoice No. 032100.C Invoice Period: Februarv 25, 2000 to March 20, 2000 SERVICES RENDERED PROJECT # Geotechnical Report of Subsurface Investigation for: Steele Elementary School 200039.G TOTAL FEE DUE TillS INVOICE Oi /1 AMOUNT $ 650.00 $ 650.00 / TERMS: DUE UPON RECEIPT Past 30 days a finance charge of 1112% per month, which is 18% aDnual nlte wiU be added to the unpaid balance. This invoice will be considered correct if not questioned in writing within ten days. Please include Invoice No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA, PA 17025 PHONE: (717)-732-8576 FAX: (717)-732-8596 EXHIBIT A-8 DAWOOD ENGINEERING. INC. ,vt March 21, 2000 :Mr. Joseph 1. Mehalick BORING SOILS & TESTING CO., INe. 1722 Chestnut Street Harrisburg, P A 17105 Re: Invoice No. 032100.E Invoice Period: Februarv 25. 2000 to March 20. 2000 SERVICES RENDERED PROJECT # AMOUNT Geotechnical Report of Subsurface Investigation for: Downey Elementary School 200056.G $ 650.00 TOTAL FEE DUE THIS INVOICE $ 650.00 TERMS: DUE UPON RECEIPT Past 30 days a finance charge of 11/2% per month, which is 18% annual rate will be added to the unpaid balance. This invoice wUl be considered correct if not questioned in writing within ten days. Please include lnvoice No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA, PA 170.25 PHONE: (717)M732-8576 FAX: f71'Tl."U.R"iQj\ EXHIBIT A-9 DAWOOD ENG1NEERING,'INC February 25, 2000 Mr_ Joseph J_ Mehalick BORING son.s & TESTING CO., INC. 1722 Chestnut Street Harrisburg, PA 17105 Re: InvoiceNo~ 022500.G J.aJOf}3'] . q Invoice-Period:- JlIInnnv25. 2000-1:0 Februan 25. 2000 SERVICES RENDERED PROJECT # Geot""hn;cal Report Of Subsurface Investigation for: Camp Curtain School 200037.G TOTAL FEE DUE THIS INVOICE ~. AMOUNT $ 650.00 $ 650.00 TERMS: DUE UPON RECEIPT Past 30 days a fInance charge of 1112% per month, which is 18% annual rate will be added to the unpaid balance. This invoice will be considered correct if not questioned in. writing within ten days. Please include Invoice No. with remittance. P.O. BOX 246, 2040 GOOD HOPE ROAD, ENOLA, PA 17025 . PHONE: (717)-732-8576 FAX: (717)-732~8596 EXHIBIT A-IO '7c .",w" DAWOOD ENGINEERING. INC January 31, 2000 Mr: Joseph J. Mehalick BORING SOILS & TESTING CO., INC 1722 Chestnut Street Harrisburg, PA 17105 'Re: Invoice No. 200021.G Invoice Period: Januarv 1. 2000 to Januarv 31. 2000 SERVICES RENDERED PROJECT # AMOUNT Geotechnical Report of Subsurface Investigation for: Conestoga View Nursing Home (J-4016) 200021. G $650.00 TOTAL FEE DUE THIS INVOICE $650.00 ~ ,,' ~ '", .,} '\ ..;: ~ ~'\. ~ '" .~ II) ~ "( '" ~ ~ ~ ~ #Gl\20D02LGllNVOICE TERMS: DUE UPON RECEIPT Past 30 days a finance charge of 11/2% per month, which is 18% annual rate wiD be added to the-unpaid balance. This invoice will be considered correct if not questioned in writing within tcn days. Please include Invoice No. with remittance. P.O. BOX 246, 2040 GOOD ROPE ROAD, ENOLA, PA 17025 EXHIBIT A-ll VERIFICATION I, Bony Dawood, ofDawood Engineering, Inc. acknowledge that: 1. I am the President of Dawood Engineering, Inc. and that I am authorized to sign this Verification on behalf of the Company; and 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief; and 3. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Dawood Engi eering, Inc. Ai By: Bony Dawoo ,President CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Defendant, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Marc A. Scaringi, Esquire Walz, Walz, Scaringi & Scaringi 341 Market Street Newport, PA 17074 Dated: January 9, 2004 Wayne n c ~_:J -.-:;1 ':.,~ ~.- C) "T1 :..-::1 rh:!.1 , -nrn :::0 ~;;IL) ;_~}i .~o-( ) ~~~:{n "~J -< <- ),-'" :,:.:: 1'-' ~:~ (...) "'-' N BS & T Labs, Inc., Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION LAW : :NO. 4 40il CP:IL CfjRM ~ OJ - q",O~ 1i..i.L 'E:lU'Y"\. REPLY TO NEW MATTER v. Dawood Engineering, Inc., Defendant AND NOW, comes the Plaintiff, BS & T Labs, Inc., by and through is attorneys Wa1z, Wa1z, Scaringi & Scaringi, who respectfully replies to Defendant's New Matter as follows: 11. No response necessary. 12. Averment states a conclusion oflaw to which no response is necessary. However, to the extent a response is deemed to be necessary, Plaintiff denies that the amounts due from Defendant have been paid by Defendant through the provision of professional services by Defendant to Plaintiff or in any other manner. Plaintiff demands strict proof of Defendant's averment at trial. 13. Denied. By way of further explanation, Plaintiff believes and avers that Defendant and a business entity known as Boring, Soils and Testing Co., had entered into an exchange of services relationship for some period of time. Boring, Soils and Testing Co. was and is separate business entity. 14. Denied. By way of further explanation, please see the answer set forth in paragraph thirteen (13) above. 15. Denied. By way of further explanation, please see the answer set forth in paragraph thirteen (13) above. 16. Denied. By way of further explanation, please see the answer set forth in paragraph thirteen (13) above. 17 . Averment states a conclusion of law to which no response is necessary. 18. Averment states a conclusion of law to which no response is necessary. By way of further explanation, Plaintiff denies that the course of dealing between Plaintiff and Defendant was an exchange of services. Plaintiff believes and avers the course of dealing between Plaintiff and Defendant was payment for services rendered. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant. / /2b/(} Y Date yt- Marc A. Sc . Attorney for ntiff Supreme Court ill No. 88346 Walz, Wa1z, Scaringi & Scaringi 341 Market Street Newport, PA 17074 717-567-6993 VERIFICATION I verify that the statements made in this Reply to New Matter are true and correct 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: 1- J.&'-o'-/ ^ ~/ William A. Mehalick President, BS & T Labs Inc. Plaintiff BS & T Labs, Inc., Plaintiff : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : NO. 4408 CIVIL TERM v. Dawood Engineering, Inc., Defendant CERTIFICATE OF SERVICE I, Melissa Osborne, Paralegal for Walz, Walz, Scaringi & Scaringi, do hereby certif'y that a copy of the Plaintiff's Reply To New Matter in the above-captioned action has been duly served upon Defendant's counsel, Attorney Wayne M. Pecht, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Wayne M. Pecht, Esquire REIDENBACH, HENERSON & PECHT Suite 200 1205 Manor Drive Mechanicsburg, Pennsylvania 17055 Date:JAIJ ?f), 2004 ILwJ~ ~ Melissa Osborne, Paralegal Walz, Walz, Scaringi & Scaringi i.. ~. l~! ~ ~ en ~ v. Dawood Engineering, Inc., Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : WOo .1\.488 CrvIL~~ 03 -"''''~ &'"i., NOTICE TO PLEAD BS & T Labs, Inc., Plaintiff To: Dawood Engineering, Inc. Attn: Wayne M. Pecht, Esquire Suite 200 1205 Manor Drive Mechanicsburg, Pennsylvania 17055 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. 0-8/0'1 ate Haur" . Marc A. Sc . n i 0 Attorney fo aintiff Supreme Court ill No. 88346 Walz, Walz, Scaringi & Scaringi 341 Market Street Newport, PA 17074 717-567-6993 BS & T Labs, Inc., Plaintiff : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : NO. 4408 CIVIL TERM v. Dawood Engineering, Inc., Defendant ORDER AND NOW, this _ day of ,2004, upon consideration of the herewithin Preliminary Objection ofBS & T, Inc. it is hereby Ordered that said objection is granted and that this Honorable Court dismisses Defendant's Counterclaim with prejudice. J. v. Dawood Engineering, Inc., Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CNIL ACTION LAW : NO. 4408 CNIL TERM BS & T Labs, Inc., Plaintiff PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiff, BS & T Labs, Inc., by and through its attorneys, Walz, Walz, Scaringi & Scaringi, who respectfully makes the following Preliminary Objections: 1. Defendant has raised a Counterclaim against Plaintiff in the above-captioned action alleging that Plaintiff owes Defendant the amount of$l 0,350. 2. In response, Plaintiffs files the within Preliminary Objections under Pa.R.C.P. 1028 (a)(4), legal insufficiency of pleadings, in that Defendant cannot recover as a matter oflaw on Defendant's claim against Plaintifffor the amount of$10,350 because Defendant has sued the wrong party for these purportedly outstanding invoices amounting to $10,350. 3. Defendant attached invoices to its New Matter and Counterclaim it filed against Plaintiff. (Said invoices are marked as Defendant's Exhibit A-I). 4. Defendant alleges that these invoices evidence the amount it believes Plaintiff owes Defendant. 5. On their face, the invoices reveal that they were sent to Mr. Joe Mehalick of Boring, Soils & Testing Co. and owed by Boring, Soils and Testing Co. 6. Plaintiff believes and avers that Boring, Soils & Testing Co. is a corporate entity and the Mr. Joseph Meha1ick is its principal corporate officer. 7. Plaintiff believes and avers that it is BS & T Labs, Inc. which is a corporate entity separate and distinct from Boring, Soils and Testing Co. 8 Defendant in paragraph three (3) of its Answer has admitted that Plaintiff is BS & T Labs, Inc. 9. Plaintiff believes and avers that Boring, Soils & Testing are two separate corporations and that Defendant, pursuant to its own invoices, must seek payment from Boring, Soils and Testing Co. WHEREFORE, Plaintiff respectfully prays that your Honorable Court dismiss Defendant's Counterclaim with prejudice. Respectfully submitted, //lg/dU ~ Marc A. S Attorney laintiff Supreme Court ill No. 88346 Walz, Walz, Scaringi & Scaringi 341 Market Street Newport, P A 17074 717-567-6993 VERIFICATION I verify that the statements made in these Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: /-,),8"-04 (.v~-/ William A. Mehalick President, BS & T Labs Inc. Plaintiff v. Dawood Engineering, Inc., Defendant : IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION LAW : NO. 4408 CIVIL TERM BS & T Labs, Inc., Plaintiff CERTIFICATE OF SERVICE I, Melissa Osborne, Paralegal for Waiz, Walz, Scaringi & Scaringi, do hereby certify that a time-stamped, certified copy of the Plaintiff's Preliminary Objections with attached proposed Order and Notice to Plead in the above-captioned action has been dilly served upon Defendant's counsel, Attomey Wayne M. Pecht on--.Jl\tJOAQ.)\ m ,2004, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Wayne M. Pecht, Equire REIDENBACH, HENDERSON & PECHT Suite 200 1205 Manor Drive Mechanicsburg, Pennsylvania, 17055 Date:~ 2004 JiJ.uJA~.fl, (~J\/Q , Melissa Osborne, Paralegal Walz, Walz, Scaringi & Scaringi '1 i ~ ~ ; ~~ 113 : ~ ~ - ?i; U1 -< , BS & T LABS, INC., PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA DA WOOD ENGINEERING, INC., DEFENDANT CUMBERLAND COUNTY BRANCH CIVIL ACTION -LAW NO. 2003-4408 CIVIL TERM RESPONSE OF DA WOOD ENGINEERING. INC. TO PRELIMINARY OBJECTIONS OF BS&T LABS, INC. AND NOW, comes Counterplaintiff, Dawood Engineering, Inc., by and through its attorneys, Reidenbach, Henderson & Pecht, and respectfully makes the following response to Counterdefendant's Preliminary Objections: L Admitted. 2. No answer required inasmuch as the allegations in paragraph 2 state a conclusion of law to which no response is required. To the extent an answer is required, the same is Denied. To the contrary, Counterplaintiff can recover because, inter alia, Counterdefendant accepted the services provided by Counterplaintiff. Strict proof otherwise is demanded at the time of hearing on this matter. 3. Admitted. 4. Admitted. 5. Denied. To the contrary, Counterplaintiff believes, and therefore avers, that the document speaks for itself; that even if the invoices were mailed to Mr. Joe Mehalick that fact alone does not relieve Counterdefendant of its obligation to pay the avers, that COUllterdefendant is the appropriate party from which to seek collection of the invoices, and COUllterplaintiff will prove the same at trial. IDD DP · invoices as Counterplaintiff at all times was led to believe that it was performing services for Mr. Joe Mehalick's company; and, if Joe Mehalick owns B. S. & T Labs, Inc., the invoices were properly sent to the correct individual, but perhaps listed the wrong company name. It is a question of fact to be determined at trial whether the Counterdefendant is liable for the charges. Counterdefendant and its owner cannot use misrepresentations or legal entity confusion to defeat a claim. Strict proof otherwise is demanded at the time of hearing on this matter. 6. No answer required inasmuch as the allegations in Paragraph 6 state a conclusion of law to which no response is required. To the extent an answer may be required, the same is denied. To the contrary, Counterplaintiff has no way of knowing the identity of the principal corporate officer of Borings, Soils & Testing Co. Strict proof otherwise is demanded at the time of hearing on this matter. 7. Denied. To the contrary, Counterplaintiffbelieves, and therefore avers, that although the two entities may appear to be separate corporate entities, they are not separate and distinct, and Mr. Joe Mehalick has operated them as one in the same. Mr. Mehalick cannot use this deception to avoid liabilities. 1n fact, Mr. Mehalick provided information relating to Counterdefendant. BS & T Labs, on letterhead of Boring, Soils, & Testing Co. A true and correct copy of the same is attached hereto, incorporated herein by reference as if set forth at length, and marked Exhibit "A". 8. Admitted. 9. No answer required inasmuch as the allegations in Paragraph 9 state a conclusion of law to which no response is required. To the extent an answer may be required. the same is denied. To the contrary. Counterplaintiffbelieves, and therefore 2 avers, that Counterdefendant is the appropriate party from which to seek collection of the invoices, and Counterplaintiff will prove the same at trial. WHEREFORE, Coutnerplaintiff, Dawood Engineering, Inc., respectfully requests this Honorable Court to dismiss Counterdefendant, B,S & T Lab's, Inc. Preliminary Objections. Respectfully submitted, Dated: February 12, 2004 REIDENBACH, HENDERSON & PECHT J/~ Wayne M. Pecht, Esquire Identification No. 38904 120 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4917 (717) 691-9808 Phone (717) 766-3361 Fax Attorneys for Defendant 3 VERIFICA nON I, Bony Dawood, of Dawood Engineering, Inc. acknowledge that: I. I am the President of Dawood Engineering, Inc. and that I am authorized to sign this Verification on behalf of the Company; and 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief; and 3. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Dawood Enginee ng, Inc. h BORING,SOILS&TESTING TEL: 17172389121 Mar 10,98 13:37 No,007 P.Ol BORINGS, SOltS& TESTING .CO. ,INO. SUBSURFACEINvEST1QAnON GEOTECHNICAL ENGIN~EFUNG FAX TRANSMITTAL .SHEET j' Date 3/io/98 project No. TO (Firm) DAWOOD ENGINEERING Attention BONY DAWOOD 975-8873 . ;" . ,Tel 975-8872 Phone Fax ,if 'r;',','" From lDis pages to FOllow 1 ~essage I am re-sending.8.~ of our figures on how much your CXll\!P<lny, owes us for aer.riqe.'~endered. I still need the figurescln ','-. matter settled a88~ liS possible. If you could plellse~w . those figures to me by Wednesday, March 11, 1998, I would' greatly appreciate it. Thank you for your prompt attention to . this matter. I ~ all pages do not record, please call 717-238-947S foO. BQX1~O. HARRISBURG, J>A 111.05 1717) *.1I~~1i .. FAX (?1l) 238-9121 . ~ ~ "'".', . . ,', >, . ,"" .-. ,.., ")":.(:(i'! -. ~ Oec-OB-9B 04: 44P Borings. Soi ls&Testing Co _ 717. 23B ,~;12/.'~ .__::::~\ P. 01 , 14 /. U1-A,.., 'j . . , ',. 7 c:JcJ.ctj ,cJu C', J I v-'."...... Ij , BORINGS, SOILS & TESTING c6:~. (' "'(U~':O SUBSURFACE INVESTIGATION GEOTECHNICAL ENGINEERING DAWOOD FROM 7198 mRU 9/98 _.....~- 8/14198....PA FOOD MERCHANTS... 8/31198....P ARKVIEW PLAZA........... 9/1S/98....HAMPTON INN-HERSHEY 9/JOI98....MILLERSVILLE GRAIN.. ).. ..~7 J-3863 J-36S3 "'E- ~) J-3878 J-3886 L-9fID 7/1S/98....MERCK CHEMICAL......... 7/29/98....CITY ISLAND...................... ir/~lL~~....~ ~~-~~~......................... ~ ') , ""- ~-~1 /f- .:_..~.~'.,........=\i/,';3 ~/ ( I WE REALLY NEED TO RECEIVE PAYMENT ON SOME OF TJlESE ACCOUNTS. PLEASE CALL ME TOMORROW BEFORE 3:00 TO LET ME KNOW WHEN WE COULD COME BY AND PICK UP A CHECK. INCEREL Y, cJ~~ ;: ~4~ ILLlAM A. MEHALlCK CFO Co. pI, F../[l! P.O, BOX 15360, HARRISBURG, PA 17105 (717) 238.9475 FAX (717) 238.9121 CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Defendant, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Marc A. Scaringi, Esquire Walz, Walz, Scaringi & Scaringi 341 Market Street Newport, PA 17074 Dated: February 12,2004 o ::. -!11' c( - (;:::: ~:;: , 5-;c~ ~ r-.> c::::> C::::Io or- .." r> C:i o 'T1 ,-< :L"Tl rnrn "TICI1 ,l:,'t' 9c) .,..,.l-r, :')',::'J '".() gIll -..,.,,; Sa -< --.l -'.~i f..;'? C) U> PRAECIPE FOR LISTING CASE FOR ARGUMENT (MuSt be typeWritten arrl sutmitted ill duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: --------------------------------------------------------------------------------------- pleaSe list the within matter for the ne1!:t ArgIIOOOt coort. CAPTION OF CASE (entire caption tmlSt be stated in full) ( plaintiff) IN THE COURT OF COMM:>N PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION LAW BS&T Labs, Inc., vs. Dawood Engineering, Inc., (oeferoant) Civil. Term 19 2003 No. 4408 1. state matter to be argued (Le., plaintiff'S llCltion for new t:ria1. deferoant's demurrer to cart>laint. etc.): plaintiff's preliminary Objection to Defendant's Answer and counter-claim. 2. Identify counsel- who will argue case: (a) for plaintiff: JlddreSs: Marc A. Scaringi 341 Market street Newport, pennsylvania 17074 (b) for defenJant: JlddreSs: Wayne M, Pecht suite 200 1205 Manor Drive Mechanicsburg. Pennsylvania 17055 3. I will notify all parties in writing within biO days that this case haS been listed for argment. 4. ArgUTeIlt coort Date: July 28, 2004 mLfa~~i- (') c lli it (..<:1-,;" f;.:; .J::>c- ...c.:;: "" -j -.;. ...., <= = ..,.. L. c: r- I 0::> o -n ~ nl :!J ,- ::om .00 aT :::f9 t5:!..1 -~(") Om -, 2> .U --< "'" :z (J1 en v. Dawood Engineering, Inc., Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : NO. 4408 CIVIL TERM 2003 BS & T Labs, Inc., Plaintiff CERTIFICATE OF SERVICE I, Melissa Osborne, paralegal for Walz, Walz, Scaringi & Scaringi, do hereby certify that a copy ofthe Plaintiff's Praecipe For Listing Case For Argument in the above-captioned action has been duly served upon Defendant's counsel, Attorney Wayne M. }'echt, on July 7, 2004, by deposit- ing same in the United States Mail, First Class, postage Prepaid, addressed as follows: Wayne M. Pecht, Esquire REIDENBACH, HENERSON & PECHT Suite 200 1205 Manor Drive Mechanicsburg, Pennsylvania 17055 Date:~ 2004 JULA~{J~~ Melissa Osborne Walz, Walz, Scaringi & Scaringi (') ~ 0 c: "'> -., ~ -,,- -or;:; c:... ::r!,.,., ~~9;~; c:: r- rnp :Zi . , ;gf? r.., co 00 ~.> -J-.- ~f~c :boo ;r.:-d .::r ~,?("'.> - 25m ~ -~ <.n $ C\ '-<; v. Dawood Engineering, Inc., Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : NO. 4408 CIVIL TERM 2003 BS & T Labs, Inc., Plaintiff PLAINTIFF'S PRAECIPE TO WITHDRAW CASE FROM ARGUMENT COURT TO COURT ADMINISTRATOR: 1. The above-captioned case has been listed for Argument Court on July 28, 2004. 2. Because of Plaintiff's counsel's present schedule he is unable to sufficiently prepare the required brief, file and serve said brief on Defendant's counsel in the allotted time. 3. Defendant's counsel concurs with the request to withdraw the case from the scheduled Argument Court. 4. Pursuant to Rule 210-13 ofthe Cumberland County Rules of Civil Procedure kindly remove the above-captioned case from Argument Court scheduled on July 28, 2004. Respectfully submitted, """" JL 2004 j J/" ~a:'1 ~ Walz, Walz, . gi & Scaringi Supreme Court ill No. 88346 341 Market Street Newport, P,ennsylvania 17074 (717) 567-6993 ATTORNEY FOR PLAINTWF (") C :.~ "r I'}-,~ r!"'r ..' ?) r;. ,> r , 'Y~~ -< "'" = 5? C) 4'1 --' i{1~ {"",. -C1m :-.;:]0 ()~, :::;"J-(. '~~;~~ -~..\ -!> :n -<.: '-- c: r- U,) ~ ,~ "';"'" ~:" N C v. Dawood Engineering, Inc., Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION LAW NO. 4408 CIVIL TERM 2003 BS & T Labs, Inc., Plaintiff CERTIFICATE OF SERVICE I, Melissa Osborne, paralegal for Walz, Walz, Scaringi & Scaringi, do hereby certify that a copy of the Plaintiff's Praecipe to Withdraw Case From Argument Court in the above-captioned ./ action has been duly served upon Defendant's counsel, Attorney Wayne M. Pecht, on July .1:2, 2004, by depositing same in the United States Mail, First Class, Postage Prepaid, and addressed as follows: Wayne M. Pecht, Esquire REIDENBACH, HENERSON & PECHT Suite 200 1205 Manor Drive Mechanicsburg, Pennsylvania 17055 Dat~ 2004 ~~~ Melissa Osborne Walz, Walz, Scaringi & Scaringi (') ~. ~v(;_ ' csr." L__:,: _'.1', /- ' ~;: r~r: ',~c ')o'C 2:-. -; -< ...., = :? "'= r ill -0 (') -n -l -r.::!J j-;1C'- .'O~) -OJ: ~~~~i - 1..-,1 (~,ri; )0- ~-1:! -<.. -;;;; <i? N o v. Dawood Engineering, Inc., Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION LAW NO. 03-4408 CIVIL TERM BS & T Labs, Inc., Plaintiff PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO: Curt Long Cumberland County Prothonotary 1. On or about January 29,2004, Plaintiff, BS & T Labs, Inc., through its attorneys, Walz, Walz, Scaringi & Scaringi, filed Preliminary Objections in response to Defendant's Counterclaim. 2. Since the filing of the Preliminary Objections Plaintiff has determined that it would respond to Defendant's Counterclaim. 3. Kindly withdraw Plaintiffs Preliminary Objections from the above-captioned Docket No. 03-4408 Civil Term 'jd, ~CI i/U."1M in i, Esquirl W ALZ, W , SCARINGI & SCARINGI, P.C. Supreme Court ID No. 88346 341 Market Street Newport, PA 17074 717-567-6993 Attorney for the Plaintiff r '. 0 r--,:) =., 0 ,...- c:::.") ~--; CJ'1 11 <- =;:i :0:" nip -. z -'--- I <Jm (n 'TJO - - 01 O~ r.~ '" ----1 ..J ::::~... .-..~ - 1", \:' ~5! " '"~- . ;:~ ( -.. ~-' - r-~ '. rn c. 1'.) (=) ..- ~.~ 5~~ =? W ~XJ W --<;: v. Dawood Engineering, Inc., Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION LAW NO. 03-4408 CIVIL TERM BS & T Labs, Inc., Plaintiff NOTICE TO PLEAD To: Wayne M. Pecht, Esquire Suite 200 1205 Manor Drive Mechanic, P A 17055 You are hereby notified to file a written response to the enclosed Reply to Counterclaim and New Matter within twenty (20) days from the service hereof or a judgment may be entered against you. / f f5- P4M 'A S c.. . ~{;A- arc . carIn , s urre ([ Attorney for t e Plai tiff Supreme Court o. 88346 Walz, Walz" Scaringi & Scaringi, P.e. 341 Market Street Newport, PA 17074 717-567-6993 BS & T Labs, Inc., Plaintiff IN THE COURT OF COMMON PLEAS OF THE 91tH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION LAW NO. 03-4408 CIVIL TERM v. Dawood Engineering, Inc., Defendant REPLY TO COUNTERCLAIM AND NEW'MATTER AND NOW, comes the Plaintiff, BS & T Labs, Inc., by and through its attorneys, Walz, Walz, Scaringi & Scaringi, P.c., who respectfully replies to Defendant's, Dawood Engineering, Inc., Counterclaim as follows: 19. No response necessary. 20. Admitted in part and denied in part. It is admitted that Plaintiff and Defendant entered into a business relationship in which Plaintiff provided soil testing services to the Defendant and its clients. It is denied that Defendant provided professional engineering and related services to Plaintiff and its clients. By way of further explanation, Defendant likely provided professional engineering and related services to a different business entity known as Boring, Soils and Testing Company. 21. Denied. Defendant did not provide services to Plaintiff. Defendant likely provided services to a different corporate entity, known as Boring, Soils and Testing Company. Plaintiff has no idea whether Defendant actually provided said services claimed and whether Defendant was paid for said services by Boring, Soils and Testing Company. 22. Denied. Prior to the Defendant's filing of the within Counterclaim, the invoices referenced by Defendant had never been presented to Plaintiff for payment or otherwise. 23. Admitted. Plaintiff refuses payment of said invoices because Plaintiff does not owe them. 24. Denied. It is denied that Plaintiff owes Defendant any amount of money. WHEREFORE, Plaintiff respectfully requests that Defendants Counterclaim be dismissed with prejudice. NEW MATTER TO COUNTERCLAIM 25. Averments set forth in paragraphs nineteen (19) through twenty four (24) above are incorporated herein by reference as if set forth in full. 26. Counterclaim Defendant raises the defense of accord and satisfaction. 27. Counterclaim Defendant raises the defense of consent. 28. Counterclaim Defendant raises the defense of discharge in bankruptcy. 29. Counterclaim Defendant raises the defense of duress, 30. Counterclaim Defendant raises the defense of estoppel. 31. Counterclaim Defendant raises the defense of failure of consideration. 32. Counterclaim Defendant raises the defense of impossibility of performance. 33. Counterclaim Defendant raises the defense of laches. 34. Counterclaim Defendant raises the defense of payment. 35. Counterclaim Defendant raises the defense of release. 36. Counterclaim Defendant raises the defense of sta.tute of frauds. 37. Counterclaim Defendant raises the defense of statute of limitations. 38. Counterclaim Defendant raises the defense of waiver. WHEREFORE. Plaintiff/CoUnterclaim Defendant respectfully requests that this Honorable CoUrt dismiss Defendant/Counterclaim Plaintiff's COunterclaim . / / /S- ~ Respectfully sub . ted, A:h~ c.. . /Marc A. Sc~ 'ng Esquire Supreme Cd" # 88346 Walz, Walz, Scaringi & Scaringi, P.c. 341 Market Street Newport, PA 17074 717-567-6993 VERIFICA nON I verify that the statements made in this Reply to CounteTc1aim and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: ;).- ';"7- 04 ud.,.--/ Ad . William A. Mehalick President, 13S & T Labs Inc. Plaintiff r--;) 0 0 <::::> f; C:,-.l -r1 C.rI -l -, I.:' ; <- :r: :J': " --:~ rn ! , I I Z TIm . ~'. I :rJ? C', ~~ ~:-} -n ;'?i:1 -- , ! ::) rn " ( N ----j .~..... S-J w ~.;:j w --<: BS & T Labs, Inc., Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION LAW : NO. 4408 CIVIL TERM 2003 v. Dawood Engineering, Inc., Defendant CERTIFICATE OF SERVICE I, Melissa Osborne, paralegal for Walz, Walz, Scaringi & Scaringi, P.e., do hereby certify that a copy of the Plaintiff's Reply to Counterclaim and New Matter with attached Notice to Plead and Praecipe to Withdraw Preliminary Objections in the above-captioned action has been duly served upon Defendant's counsel, Attorney Wayne M. Pecht, on January 4,2005, by depositing same in the United States Mail, First Class, Postage Prepaid, and addressed as follows: Wayne M. Pecht, Esquire REIDENBACH, HENERSON & PECHT Suite 200 1205 Manor Drive Mechanicsburg, Pennsylvania 170155 Date: -4-1--.2005 (/)~ (/d1J~ Melissa Osborne Walz, Walz, Scaringi & Scaringi, P.e. o ~-::. . , - "'.. J::-- (_.. '.:=1 -< ~ (;::> ~ C- o -n ~-n [11 r= -om .-,';0 -") L '-:-'1 (.;/ :~J; :D '.;("') ~~~!i ;~n ?~~ ...... "'-tn. ~ I 0'\ 4:' -,' -'-- N .. w (",) BS & T LABS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OIl THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA v. CUMBERLAND COUNTY BRANCH DA WOOD ENGINEERING, INC., Defendant CIVIL ACTION - LAW NO. 2003-4408 CIVIL TERM REPLY TO NEW MATTER AND NOW comes Defendant, by and through its attorneys, Pecht & Associates, PC, and makes the following Reply to Plaintiffs New Matter: 25. (Corresponding to numbering of Plaintiffs New Matter) The averments set forth in Paragraphs 19-24 of Defendant's Counterclaim are incorporated herein as if fully set forth. 26. Denied. Paragraph 26 states a legal conclusion to which no response is required. Additionally, Paragraph 26 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 27. Denied. Paragraph 27 states a legal conclusion to which no response is required. Additionally, Paragraph 27 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 28. Denied. Paragraph 28 states a legal conclusion to which no response is required. Additionally, Paragraph 28 does not in any way set forth how the alleged " defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 29. Denied. Paragraph 29 states a legal conclusion to which no response is required. Additionally, Paragraph 29 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 30. Denied. Paragraph 30 states a legal conclusion to which no response is required. Additionally, Paragraph 30 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 31. Denied. Paragraph 31 states a legal conclusion to which no response is required. Additionally, Paragraph 31 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 32. Denied. Paragraph 32 states a legal conclusion to which no response is required. Additionally, Paragraph 32 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 33. Denied. Paragraph 33 states a legal conclusion to which no response is required. Additionally, Paragraph 33 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 2 34. Denied. Paragraph 34 states a legal conclusion to which no response is required. Additionally, Paragraph 34 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 35. Denied. Paragraph 35 states a legal conclusion to which no response is required. Additionally, Paragraph 35 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not anlOunt to a properly pleaded defense. 36. Denied. Paragraph 36 states a legal conclusion to which no response is required. Additionally, Paragraph 36 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 37. Denied. Paragraph 37 states a legal conclusion to which no response is required. Additionally, Paragraph 37 does not in any way set fbrth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 38. Denied. Paragraph 38 states a legal conclusion to which no response is required. Additionally, Paragraph 38 does not in any way set forth how the alleged defense relates to the case at hand, and therefore, does not amount to a properly pleaded defense. 3 WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's New Matter and to enter judgment in favor of Ddendant and against Plaintiff. Respectfully submitted, - Dated: /-II-t> f; PECHT & ASSOCIATES, PC By.Jide- Attorney J.D. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 717-691-9808 Attorneys for Defendant 4 VERIFICATION I, Bony Dawood, of Dawood Engineering, Inc. acknowledge that: 1. I am the President of Dawood Engineering, Inc. and that I am authorized to sign this Verification on behalf of the Company; and 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief; and 3. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: / I /'/65 B D'W~"" "ogin<<;( g, IO'~ B wood, President CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Defendant, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Marc A. Scaringi, Esquire Walz, Walz, Scaringi & Scaringi 341 Market Street Newport, PA 17074 u Dated: /-I/-O~ Wayne M. C.l ;.,\ ( ~ \:'\ r"') '. ;:-:? .- c.... v. IN THE COURT OF COMMON LEAS OF THE 9th JUDICIAL DISTRICT 0 PENNSYLVANIA, CUMBERLAND COUNTY BR. CH BS&T LABS, INC., Plaintiff Dawood Engineering, Inc., Defendant CIVIL ACTION - LAW NO. 03 - 4408 Civil Term PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for t Plaintiff, BS&T LABS, INC., per the request of WILLIAM A. MEHALICK, President. Date: t1 aflth 7 ,2005 --., Marc . Scaring' . W ALZ, W ALZ, I Attorney ID #88346 341 Market Street Newport, Pennsylvania 17074 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the PI tiff, BS&T LABS, INC., per the request of WILLIAM A. MEHALICK, President. Date: ;vI tlAt/t 7 ,2005 Respectfully submitted, JiE~f Scaringi & Scarl gl, P.C. Attorney ID #88346 2000 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 (717) 657-7770 n C"_; ~ ~ ~~~ -::;... ?'j ~ k -0 :y'. (f! o ~ ... ------- ~?\ -::? -0 -:--'~;E ":~~'~j\~~\ ':,(.? ~1"-' ~~~:.~"l, -,") -~'-~ :;L - BS & T Labs, Inc., Plaintiff : IN THE COURT OF COMMON PLEAS : OF THE 9111 JUDICIAL DISTRICT : OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : NO. 03-4408 CIVIL TERM v. Dawood Engineering, Inc., Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Marc A. Scaringi, ofScaringi & Scaringi, P.C., counsel for the Plaintiff in the above- action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim ofthe Plaintiff in the action is $5,873.30 plus interest. The following are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Kenneth G. Reidenbach, II, Herbert P. Henderson, II, Wayne M. Pecht and Melanie Walz Scaringi. WHEREFORE, your petitioner prays Your Honorable Court appoint three (3) arbitrators to whom the case shall be admitted. Respectfully submitted, BS & T Labs, Inc., Plaintiff v. Dawood Engineering, Inc., Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : NO. 03-4408 CIVIL TERM CERTIFICATE OF SERVICE I, Melissa Osborne, paralegal for Scaringi & Scaringi, P.c., do hereby certify that a copy of the Plaintiff's Petition for Appointment of Arbitrators and blank Order in the above-captioned action has been duly served upon Defendant's counsel, Attorney Wayne M. Pecht, on May Mil 2005, by depositing same in the United States Mail, First Class, Postage Prepaid, and addressed as follows: Wayne M. Pecht, Esquire REIDENBACH, HENERSON & PECHT Suite 200 1205 Manor Drive Mechanicsburg, Pennsylvania 17055 Date:q/1,a{j I ~ ,2005 f/ ~(P~ Melissa Osborne Scaringi & Scaringi, P. C. (") ,-> C) -14 ~.<) c- (~:~ -c\ (J <.;J' - -.'"'' ;::J '\- V( ~.. .", 1t -- C> - (/ --J ~ ~ -".~ \" -tl - - ..J:: p,...) - ~ ~ - 0) ~ r v. Dawood Engineering, Inc., Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : NO. 03-4408 CIVIL TERM BS & T Labs, Inc., Plaintiff ORDE,R OF COURT it- .... AND NOW, this . /)) day of /Jr ~/' ,2005, in consideration of the foregoing petition,~ /1 Al.f.4.-/ , Esquire and. M~. &i, u~4-; 1,~(jl.,..11..f~1(0/' ~. Esquire, are appointed arbitrators in the above-captioned action as prayed for. .ft7 ~ By the Court: P.J. v. Dawood Engineering, Inc., Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION LAW : NO. 4408 CIVIL TERM 2003 BS & T Labs, Inc., Plaintiff CERTIFICATE OF SERVICE I, Melissa Osborne, paralegal for Scaringi & Scaringi, P.c. do hereby certify that a copy of the Order of Court dated May 18, 2005, in the above-captioned action has been duly served upon Defendant's counsel, Attorney Wayne M. Pecht, on May 24, 2005, by depositing same in the United States Mail, First Class, Postage Prepaid, and addressed as follows: Wayne M. Pecht, Esquire 1205 Manor Drive, Suite 200 Mechanicsburg, Pennsylvania 17055 Date: 5/-zi,2005 /lJll~./ &dffJ/X~ ~ Melissa Osborne Scaringi & Scaringi, P.c. c """" BS & T LABS, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF THE 9111 JUDICIAL DISTRICT : OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : CIVIL ACTION AT LAW DA WOOD ENGINEERING Defendant : NO. 03-4408 CIVIL TERM PRAECIPE TO MARK CASE SETTLED, DISCONTINUED AND SATISFIED TO THE PROTHONOTARY OF CUMBERLAND COUNTY, CURTIS LONG AND NOW, comes the Plaintiff, by and through its attorneys, Scaringi & Scaringi, P.C. and respectfully makes the following request: 1. Plaintiff filed the above-captioned action. 2. Plaintiff and Defendant have reached an agreement resolving said action. 3. By agreement of the parties, kindly mark this case settled, discontinued and satisfied. Mar A. S Attorney the Plai tiff Supreme Cou . 88346 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 103 Harrisburg, PAl 711 0 717-657-7770 n S'- ....' :-::~J c:;~ o r'.') , . -, '. <.r. o 11 ...... ....., -("". t"'~; ~~,; <? r--.) 0'1 -, ,-;,. ~~;:;, ~