Loading...
HomeMy WebLinkAbout09-2018GROVE MILLER ENGINEERING, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. Of- -2ZIf ALEXANDER SPRING, LLC, CIVIL ACTION -LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. #?? By: Attorneys for Plaintiff LAW OFMCES SNELBAKER & BRENNEMAN, P.G. GROVE MILLER ENGINEERING, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 0 9. j 0 F / c?- V. ALEXANDER SPRING, LLC, CIVIL ACTION -LAW Defendant COMPLAINT Grove Miller Engineering, Inc., by its attorneys, Snelbaker & Brenneman, P. C. submits this Complaint against Alexander Spring, LLC and in support thereof, states the following: 1. Plaintiff Grove Miller Engineering, Inc. ("Grove Miller") is a Pennsylvania business corporation with a principal place of business at 5600 Derry Street, Harrisburg, Pennsylvania. 2. Defendant Alexander Spring, LLC is a Pennsylvania limited liability company with an office address of 5237 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Grove Miller is in the business of providing traffic engineering services. 4. On September 26, 2008 Grove Miller and Defendant entered into an agreement (the "Agreement") whereby Grove Miller agreed to provide traffic engineering services relative to the proposed development of land by Defendant located in West Pennsboro Township. A true and correct copy of the Agreement is attached hereto and incorporated by reference herein as "Exhibit A". 5. Grove Miller provided to Defendant engineering services consistent with the parties' Agreement and on November 6, 2008 issued an invoice to Defendant for such services, a true and correct copy of which invoice is attached hereto and incorporated by reference herein as LAW OFFICES SNELBAKER a "Exhibit B'. BRENNEMAN, P.G. 6. Pursuant of the terms of the Agreement, Defendant agreed that invoices for services were due upon receipt of same by Defendant. 7. Defendant materially breached the parties' Agreement by refusing or failing to pay amounts due to Grove Miller as noted on the invoice issued. 8. As a direct factual and proximate result of Defendant's breach of the parties' Agreement, Grove Miller is owed the sum of $8,650.00. WHEREFORE, Plaintiff Grove Miller Engineering, Inc. demands judgment against Defendant in the amount of $8,650.00, plus interest at a rate of 6% per annum from November 6, 2008 until paid in full, together with costs of this action. The damages claimed in this Complaint do not exceed the limit established for mandatory arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. B Y• I Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Grove Miller Engineering, Inc. Date: March 31, 2009 LAW SN E L BAK OFFICESERI I _ 8C -2 BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. I hereby verify that I am authorized on of Grove Miller Engineering, Inc. to execute this Verification on its behalf. Terrance W. Grove, President Date: March 31, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. GROVE MILLED ENGINEERING, INC. TERRANCE W. GROVE, RE., Principal Traffic Engineer JAY E. STATES, RE., Principal Trpfllc Engineer GREGORY E. CREASY, RE., Principal Traffic Engineer DENNIS E. MILLER, RE., Traffic Engineer, Retired September 17, 2008 Barry Lyons Alexander Spring, LLC 5237 East Trindle Road Mechanicsburg, PA 17050 Re: Traffic Engineering Services Proposal Traffic Impact Study West Pennsboro Township Residential Site Dear Mr. Lyons: 5600 Derry Street Harrisburg. PA 17111-3518 Telephone: (717) 564-6146 Fax: (717) 644-9488 www.grovemiller.com This is in reference to a recent request by Steve Kretzing of Kairos Design Group for a proposal to prepare a traffic Impact study for the West Pennsboro Township residential site along McAllister Church Road in West Pennsboro Township. The proposed development Is located along the east side of McAllister Church Road north of Ritner Highway (US Route 11). The site will contain approximately ownhouse dwelling units. ? Grove Miller Engineering, Inc. proposes to perform traffic engineering services in accordance with the following scope of work. SCOPE OF WORK Traffic Impact Study Task 7 - Data Collection For purposes of this proposal, It Is assumed that traffic counts will be obtained at the following Intersections: McAllister Church Road and Ritner Highway (US Route 11) ?VI jll`stc rTC euucwih I°--mag .1 1and VeiWvllle Road ARouc!? )???t r? c o° s Manual turning movement counts will be conducted during the weekday morning (6:30 AM to 9:00 AM) and afternoon (3:30 PM to 6:00 PM) peak traffic periods. Automatic EXHIBIT A li?- a-d 9SLT 909 LTG uoT2ona4suoo suogj dee t io so 92 das traffic recorder (ATR) counts will be conducted on McAllister Church Road in the vicinity of the proposed site access location. The AYR counts will be placed to collect 48 consecutive hours of traffic volume data along with speed data. Traffic crash data will be obtained from PENNDOT for the study area Intersections. Existing roadway characteristics will be noted including, but not limited to, roadway and lane widths, pavement markings, lane configurations, and signing, Photographs of critical study area intersections will be Included in the report documentation. The township will be contacted regarding Information on approved, but not yet constructed, development in the area of the site as well as any planned roadway improvements. Existing traffic studies will be reviewed and incorporated Into the study, where appropriate. Task 2 - Trip Generation Analyses will be conducted using the Institute of Transportation Engineers Trip Generation Manual, 7th Edition (2003) to estimate the number of trips anticipated to be generated by the proposed development. Trip generation estimates will be calculated for the average weekday vehicle trip ends and the weekday AM and PM peak hour trips. Task 3 - Trip Distribution Generated trips will be distributed from the proposed site access location onto McAllister Church Road and the surrounding roadway network based on the directional distribution of existing traffic, area traffic generators, and roads available for travel. Spread sheets will be developed to document the trip distribution. Task d - Traffic Projections Anticipated traffic volumes will be estimated for a build year and for a ten-year design year. Existing peak hour traffic volumes will be increased by an appropriate traffic growth rate for the area to estimate the projected volumes. Trafflc volumes which will result from any approved, but not yet constructed, development in the area will be included directly, where appropriate. The projected volumes will be combined with the traffic generated by the proposed development to estimate the anticipated traffic volumes for the build year and the ten-year projection. Task 5 - Traffic Analyses Traffic analyses will be conducted to determine the existing, projected, and anticipated build year weekday peak hour Intersection capacity and levels of service at the study area intersections. Analyses will be conducted for existing, projected (without the proposed development), and anticipated (with the proposed development) peak hour traffic volumes for the build year and for a ten-year projection. The following intersections will be analyzed in this traffic impact study: 2 E-01 S6L i 909 L U uo T %onj%suo0 suoRI Jac d o so 92 daS McAllister Church Road and Ritner Highway (US Route 11) McAllister Church Road and Newvllle Road (PA Route 641) cAllister--V0Chu.,.W d'8 o it ?s?ess Road pC lR(. 1N? s L C? ON r- These intersections constitute the location where site generated traffic volumes will enter onto the primary highway network and the nearest adjacent Intersections. Where recommendations are made to improve intersection capacity and/or levels of service, capacity analyses will be conducted to estimate the results of the recommended improvement(s). Left turn lane analyses and traffic signal warrant analyses will be conducted for access locations and adjacent intersections which Indicate capacity deficiencies without turn lanes or signal control. Task 6 - Report Preparation A traffic impact study report will be prepared to document the traffic volume data and traffic analyses. Conclusions and recommendations will be included regarding: • existing and future intersection operations in the study area • adequacy of intersection control • adequacy of available sight distances • adequacy of proposed roadway and/or Intersection geometry • any necessary roadway Improvements. Twenty (20) bound copies of the report will be provided to the client for submission to the township during the land development approval process. Task 7 - Meetings The traffic engineer will be available to attend a total of two 0-meetings with the township. Additional meetings with the township, PENNDOT, or other review agencies will be attended by the traffic engineer when specifically requested by the client. Attendance at such meetings will be considered additional work. SCOPE OF WORK EXCLUSIONS The scope of engineering services does not include any design or preparation of engineering drawings for roadway improvements to state highways or municipal roadways. The scope of engineering services does not include geometric design for roadway or intersection improvements, and does not Include the design of traffic signals or other traffic control devices. 3 f? . d SBL T 909 L T L uo zzonj%suo0 suos-1 dee z T O 80 92 daS The scope of engineering services does not include attendance and presentations at public meetings, hearings, or other judicial proceedings which may result from the project, except for meetings specifically noted herein. LUMP SUM FEE Traffic Impact Study Task 1 - Data Collection ................................... $ 9,800.00 Task 2 - Trip Generation .................................... 400.00 Task 3 - Trip Distribution ................................... 400.00 Task 4 - Traffic Projections .................................. 800.00 Task 5 Traffic Analyses ................................... 3,800.00 Task 6 - Report Preparation ................................. 2,800.00 Task 7 - Meetings ...................................... 800 0 Total Lump Sum Fee ......... . .......................... $10,900.00 NOTICE TO PROCEED AND PROJECT SCHEDULE The traffic engineer will proceed with the work tasks upon receipt of written notice to proceed in the form of a signed copy of the engineering services proposal. The traffic engineer will proceed Immediately with the worts tasks. A draft traffic impact study will be provided to the client for review ?kr?t.{S},wooks oD64 ipt of notice to procee &44&c a INVOICING AND PAYMENTS The traffic engineer will submit monthly invoices to the client based upon completion of tasks detailed In this proposal. Invoices are due upon receipt, The traffic engineer, after giving written notice to the client, may suspend services and withhold any work until the client has paid in full all amounts due. 4 S'd 9SLT 909 LIL uoT,4onvl'3su03 suoSI 486 t TO 80 92 daS ADDITIONAL WORK Municipal review meetings, meetings with PENNDOT, or other meetings in addition to those outlined in Task 7 will be attended by the traffic engineer when specifically requested by the client. Attendance at such meetings will be considered additional work. Traffic engineering services specifically requested by the township and/or the client in addition to the scope of services, i.e., additional intersections to be analyzed, will be performed in accordance with the following fee schedule; Senior Traffic Engineer ........................ $130.00/hour* Traffic Engineer .............................. $105.00/hour* Associate Traffic Engineer ....................... $80.00/hour Design Manager ............................... $80.001hour Traffic Technician 11 ............................ $55.00/hour Traffic Technician I .............. $35.001hour Clerical Administrator ........................... $45.00/hour Mileage ................................. $ 0.58/mile * Evening meetings will be invoiced at the rate of $145.001hr. Evening meetings will be invoiced at the rate of $120.00/hr. The fee schedule for additional work will be valid for 120 days from the proposal date. 5 9'd 96Li 909 LiL uoT%on.A%suo0 suoRl dBetTo so 92 das PROPOSAL ACCEPTANCE This proposal prepared by: GROVE MILLER ENGINEERING, INC. Terrance W. Grove, P.E. President 3-4p ?, r?, z owo Date This proposal accepted by- By We appreciate the opportunity to provide this proposal for traffic engineering services and look forward to working with you on this project. If you have any questions relative to this proposal or need additional information, please call. Sincerely, Terrance W. Grove, P.E. Senior Traffic Engineer TVM/mo FILE: ZlProposelaWairos Design 4reupWast Pennsboro Pro)ectWwest pennsboro.wpd 6 QUOVIIINNA" 5600 Derry Sheet • Harrisburg, PA 17111 • (717) 864.6146 • fox (717) 564-9488 L'd 961.i 90S LTL uoFzon.jlsuo0 suoR-1 d86:TD so 92 des MF nt A ?,(q6 4?N & O 0 Title Date GROVE MILLER ENGINEERING, INC. 5600 Derry Street Harrisburg, PA 17111-3518 Bill To Mr. Barry Lyons ALEXANDER SPRING, LLC 5237 East Trindie Road Mechanicsburg, PA 17050 Invoice Date Invoice # 11/612008 6090601 Project Description West Pennsboro Twp. Residential Dev.-TIS West Pennsboro Twp., Cumberland County For Traffic Engineering Services: 09-01-08 through 10-31-08 Terms Due Date Rep Project Net 30 12/6/2008 TG 609.06 Item Description Quantity Rate Amount Task 1 Data Collection, 100% 1 1,800.00 1,800.00 Task 2 Trip Generation, 100% 1 400.00 400.00 Task 3 Trip Distribution, 100% 1 400.00 400.00 Task 4 Traffic Projections, 100% 1 800.00 800.00 Task 5 Traffic Analyses, 100% 1 3,800.00 3,800.00 Task 6 Report Preparation, 50% 0.5 2,900.00 1,450.00 Task 7 Meetings, 0% $10,900.00-Agreement Amount $ 8,650.00-Invoiced to Date $.2,250.00-Balance cc: Kairos Design Group I Please retain white copy, return yellow copy with your payment. Total Thank you for your businessl $8,650.00 Tel: 717-564-6146 Fax: 717-564-9488 www.grovemiller.com EXHIBIT B 'fir T< <,_ 11,Y L d 5 ?' t 1 ?d. IOA 2; 78.,5'a e?z. a 9? ku., ?Z a 30 31 v Sheriffs Office of Cumberland County Sh Edward L Schorpp R Thomas Kline oNCr ®t'ruber Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF'4E Or' < S"eR'FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/17/2009 09:45 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2009 at 0945 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Alexander Spring, LLC by making known unto Barry Lyons, adult in charge, at 5237 Eas Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $55.00 April 21, 2009 SO ANSWERS - R THOMAS KLIN IFF Deputy heriff Docket No. 2009-2018 Grove Miller Engineering v Alexander Spring, LLC. FILE-D-Orm,, F THE 10, 4C)""l-KNOTARY 2009 APR 27 AM1,11 * 314 IN THE COURT OF COMMON PLEAS OF CLWIC21 chip COUNTY, PENNSYLVANIA Ir'\ZO?E?1LVF,t. ?NGn?J?tnw? ?1C VS. NO. Qq - ablob CI'JVL kAa5&0," Sf yI N1ye, LLC PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for 4,L#-AAF 0A& ?PR1 N . , L in the above case. Date: 5 - -7 - Oct SignaftAb Numb(* BM&A, T l?tan s Print NamJJ 5x37 Address {?M- fJ?4+Ont 1e ibU?(i PA117 6 S-D (6/02) _? (rte OF 'HE RLED-,",V, 2009 MAY -7 PPI 2: 0 GROVE MILLER ENGINEERING, INC., Plaintiff V. ALEXANDER SPRING, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 09-2018 CIVIL TERM : CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff Grove Miller Engineering, Inc. and against Defendant Alexander Spring, LLC, in the amount of $8,650.00, plus interest thereon at a rate of 6% per annum from November 6, 2008 together with costs of this action in accordance with the request for relief set forth in the Complaint, due to Defendant's failure to file a pleading to the Complaint served upon Defendant April 17, 2009, which Complaint contained a notice to defend. An Important Notice was served upon Defendant on May 11, 2009, a true and correct copy of which is attached hereto and incorporated by reference herein as "Exhibit A", as evidenced by a copy of the letter transmitting same dated May 11, 2009, a true and correct copy of which is attached hereto and incorporated by reference herein as "Exhibit B". SNELBAKER & BRENNEMAN, P. C. BY 01L_- OFFICES SNELBAKER 8C BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: May 22, 2009 Attorneys for Plaintiff Grove Miller Engineering, Inc. Judgement is hereby entered against Defendant and in favor of Plaintiff this 22"d day of May, 2009, in accordance with the above. Prothonotal'y /?? ROVE MILLER ENGINEERING, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SPRING, LLC, Defendant CASE NO. 09-2018 CIVIL TERM CIVIL ACTION -LAW Alexander Spring, LLC (Defendant) of Notice: May 11, 2009 IMPORTANT NOTICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. OU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE ERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR EFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT 71THIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED GAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER APORTANT RIGHTS. )U SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN OVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE )U WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ,IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. By: err v, Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff EXHIBIT A CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, ,aused a true and correct copy of the foregoing Important Notice to be served upon the person ind in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Alexander Spring, LLC 5237 East Trindle Road Mechanicsburg, PA 17050 SNELBAKER & BRENNEMAN, P.C. By. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Grove Miller Engineering, Inc. Date: May 11, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. RICHARD C. SNELBAKER KEITH O. BRENNEMAN SNELBAKER & BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 May 11, 2009 Alexander Spring, LLC 5237 East Trindle Road Mechanicsburg, PA 17050 Re: Grove Miller Engineering, Inc. v. Alexander Spring, LLC No. 2009-2018, C.C.P., Cumberland County Dear Sirs: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find an Important Notice which is being served upon you due to your failure to respond to the Complaint that you received by service on April 17, 2009. Please be guided accordingly, Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Terrance W. Grove, P. E., Grove Miller Engineering, Inc. (w/enclosure) EXHIBIT B CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe For Entry of Judgment to be served I upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Alexander Spring, LLC 5237 East Trindle Road Mechanicsburg, PA 17050 By: : May 22, 2009 SNELBAKER & BRENNEMAN, P.C. 1&'-? Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Grove Miller Engineering, Inc. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. I;- _',.: 'C, 2 0C9 X r 22 [,e:Ya IG: 1 ; / ?/. & , " 0/ . 4, A? a3s7 5 `1U C7 ROVE MILLER ENGINEERING, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 09-2018 CIVIL TERM SPRING, LLC, Defendant CIVIL ACTION -LAW Alexander Spring, LLC (Defendant) of Notice: May 11, 2009 IMPORTANT NOTICE ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE ONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR NSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT IN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED NST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER ?RTANT RIGHTS. ?U SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN OVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE )U WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ,IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. By: SNELBAKER & BRENNEMAN, P. C. 1/h" Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff -dob CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Important Notice to be served upon the person in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Alexander Spring, LLC 5237 East Trindle Road Mechanicsburg, PA 17050 SNELBAKER & BRENNEMAN, P.C. By. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Grove Miller Engineering, Inc. May 11, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2009 ViA Y 212 10: ! e'. G? " :. 17 ? ILA., I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION GROVE MILLER ENGINEERING, INC., Plaintiff V. ALEXANDER SPRING, LLC, Defendant Confessed Judgment X Other : File No.: 2009-2018 Amount Due: $8,650.00 Interest: $314.11 plus 6% per annum on $865.00 from 6/15/09 Atty's Comm: N/A Costs: TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): any and all personal property, furniture, furnishings, office supplies, computers and office equipment of Defendant located at 5237 East Trindle Road, Mechanicsburg, Pennsylvania. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: June 15, 2009 Signature: Print Name: Keith O. Brenneman Address: 44 West Main Street Mechanicsburg, PA 1705 Attorney for: n Telephone: (717) 697-8528 Supreme Court ID No.: 47077 IPA AA&V ti r??) FILED-0?1-':tr:: OF THE' FF(,7pc!NoTAW 2009 JUN 15 PN 12: D 1 PFNI;SYLVrrN A O ? /f is N /j v® !tic !< !L -232-) a6, 6p7 , SzJ L. G- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02009-2018 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Grove Miller Engineering, Inc. Plaintiff (s) From Alexander Spring, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property, furniture, furnishings, office supplies, computers and office equipment of Defendant located at 5237 East Trindle Road, Mechanicsburg, Pennsylvania. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,650.00 L.L.$.50 Interest $314.11 plus 6% per annum on $865.00 from 6/15/09 Atty's Comm %n/a Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: June 15, 209 (Seal) C Long, on tary By: Deputy REQUESTING PARTY: Name Keith O. Brenneman, Esq. Address: 44 West Main St. Mechanicsburg, PA 17055 Attorney for: Plaintiff Telephone: (717) 697-8528 Supreme Court ID No. 47077 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GROVE MILLER ENGINEERING, INC., Plaintiff V. Confessed Judgment X Other ALEXANDER SPRING, LLC, Defendant and File No.: 2009-2018 Amount Due: $8,650.00 Interest: $314.11 plus 6% per annum on $865.00 from 6/15/09 LYONS CONSTRUCTION SERVICES, INC., Atty's Comm: N/A Garnishee Costs: PRAECIPE TO AMEND WRIT OF EXECUTION TO THE PROTHONOTARY OF THE SAID COURT: Please amend the writ of execution issued in the above matter to issue a writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee for the following property: any and all personal property, furniture, furnishings, office supplies, computers and office equipment of Alexander Spring, LLC located at 5237 East Trindle Road, Mechanicsburg, Pennsylvania and all other property of the defendant in the possession, custody or control of the said garnishee. (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: July 13, 2009 Print Name: Keith O. Brenneman Address: 44 West Main Street Mechanicsburg, PA 17055 Attorney for: Hampden Township Telephone: (717) 697-8528 Supreme Court ID No.: 47077 Signature: FILED CF TFIE- 2009 i U L 13 P l 12: 23 WOTly C rc lq-4- ;2 a78Y8 GROVE MILLER ENGINEERING,: INC., Plaintiff V. . ALEXANDER SPRING, LLC, Defendant and LYONS CONSTRUCTION SERVICES, INC., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-2018 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 25th day of February, 2010, the respondent having failed to appear, and it appearing further that the respondent through its president, Barry Lyons, is in contempt of prior discovery orders of this court, the said Barry Lyons is cited in contempt, and a rule is issued to show cause why he should not be adjudicated. Hearing on the matter of adjudication is herewith set for Thursday, March 25, 2010, at 4:00 p.m. Mr. Lyons is herewith advised that should he fail to appear, a bench warrant will be -_ Nissued for his arrest and production in court. ~, V~~~ -p It is further ordered and directed that service _ -- i 1 !.'.. ~• ~~. {--' '~~here~f of this order be made upon Barry Lyons by the Sheriff ci_ ~~~, w of '~'"i~mberland County. ~" ~ -~~=" By the Court, c,_ o a`> ~ N v l~ r~r 'JtES' wldtl~ Kevin Hess, P.J. Keith O. Brenneman, Esquire Mr. Barry Lyons For Plaintiff Alexander Spring, LLC 5237 East Trindle Road Mechanicsburg, PA 17055 Sheriff Defendant :bg SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~rtt~ D~ ~iur~Grrf`~~t ~~ ~ } f~ ~."~FF;i'F' r '; kf <.. r~{IFF f ~ ~~~Q 2010 MAR -4 PM 1 ~ 3S V VIY~~1..i~l i.w~ {{j SJ~..,J I~~ r~~~livSYLV,~~lI-~ Grove Miller Engineering, Inc. i vs. Alexander Spring, LLC Case Number 2009-2018 SHERIFF'S RETURN OF SERVICE 03/02/2010 Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2010 at 1341 hours, he served a true copy of the within Order of Court, In Re: Plaintiffs Motion for Sanctions in the above entitled action, upon the within named defendant, to wit: Barry Lyons, by making known unto Barry Lyons, a'F the Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013, its contents and at the same time handing to him personally the said true and correct copy of the same. --. ~ ;: BRYAN D. W CPU SO ANSWERS, March 04, 2010 RON R ANDERSON, SHERIFF ic? CeuntySuile Shcenff. Telecscft. Ir;;.