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Home My WebLink About09-2636 David A. Fitzsimons, Esquire I.D. Number 41722 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs CIANFICHI SCHOLL LUDWIG IN THE COURT OF COMMON PLEAS OF ARCHITECTS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009 - 24 3 ?o DAWOOD ENGINEERING, INC., CIVIL TERM 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 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F:\FILES\C1irnts\11106 CS&L\l I106.6.com/mah Created: 1110510109:49:53 AM Revised: 04/23/09 04:34:50 PM 10883.8 David A. Fitzsimons, Esquire I.D. Number 41722 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs CIANFICHI SCHOLL LUDWIG IN THE COURT OF COMMON PLEAS OF ARCHITECTS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009 - Z,?3 ,36 DAWOOD ENGINEERING, INC., CIVIL TERM Defendant COMPLAINT AND NOW, comes the Plaintiff, Cianfichi Scholl Ludwig Architects, LLC, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and avers the following: 1. Plaintiff, Cianfichi Scholl Ludwig Architects, LLC, ("CSL") is a Pennsylvania corporation located 1230 Holly Pike, Carlisle, Pennsylvania 17013. 2. Defendant, Dawood Engineering, Inc., ("Dawood"), is a Pennsylvania corporation located at 2020 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant hired Plaintiff to perform design projects in 2004 under proposal 04-018 attached as Exhibit "A". 4. Plaintiff completed all of the work that was required under the proposal, and Defendant has not provided any commentary critical of the work performed. 5. The total amount outstanding on these invoices is $10,453.38. Attached as Exhibit "B" are true and accurate copies of invoices for work performed by Plaintiff under the proposal which were transmitted to the Defendant of the dates referred. 6. Defendants have failed to pay Plaintiff for the work it completed and invoiced. 7. Despite repeated requests by the Plaintiff to Defendant to pay the amount owed, Defendant has failed to pay. 8. Under the payment terms of Exhibit "A", Attachment A, paragraph 9, Dawood agreed to interest on delinquent amounts of 1.5% per month and to pay all costs and legal fees associated with collecting past due accounts. WHEREFORE, Plaintiff requests that judgment be entered against Defendant in the amount of $10,453.38, plus interest legal and attorney fees, and costs, together with such other relief as is deemed just and reasonable by the Court. MARTSON LA FICES By David A. Fitzsimons, Esquire ID Number 41722 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: April 24, 2009 Attorneys for Plaintiff 1. Robvm B. 0anfick1, PE 1x b ovieoAckhChali.com LMA Sch04 A. AU lterdeledlchiec6oii,cm 1230 H*, Fike. Cxhsk PA 1701.9 Ph= 717.236.1700 Fast: 717-%04631 July 12, 2004 Bony Dawood, President 04wood Engineering, Inc. P.O. Box 246 2040 Good Hope Road Enola, PA 17025-0246 Re: near raUxly Tor oawood Engineering 2020 Good Hope Road Carlisle, PA C&SAA No. 04-018 ZVZ Dear Bony: Clanflchl 6 Scholl Architectural Associates, LLC Is planed to respond to your request for this protect proposal. Wentifled below is our understanding of the project, scope of services and our proposed fees. Thank you for this opportunity. THE PROJECT Our proposal is per our understanding of the following project. Design of a two-story office building with 5,600 S.F. Per floor, totaling 11,000 S.F. Dawood will utINU the first floor office area and the second may be leased to a tenant. This will requee Independent means of egress and entry space significant to attract potential tenarm. The building and Its construction means shall be similar to Information provided in a packet submitted by McCoy Bros., Inc. and Clan" & Scholl dated April 14, 2004. See Attachment To for building sketch' plans 6 elevations. 00ot-0-60 'uw'd ?Z'Ob Lo ul 'auus"Jou3 ponmea 9840 ZCL If A EXHIBIT "A" tNwood - 2070 Good Mope Road I" Doha d CRS No. 0401st July 12, 2004 ft" 2 SCOPE OF SERVICES Working drawings shall be coordinated with Dewood Engineering's professional consultants and shall be prepared for use by Dawood Engineering's selected contractor and their forces to perform the construction (of the building shell and your office area) and obtain budding permits (as per Pennsylvania Uniform Construction Code). Listed below Is the scope of services for this project. This documentation Indicates who is responsible for various aspects of the project. Items Identified as our responsibility are Included in our No listed In the compensation portion of this document. we recommend hems Identified as Dawood Engineering's responsib ty be completed You, your consultants and/or your contractor. CS refers to DEC refers to DES refers to OEM refers to DEE refers to DE refers to Clanfkhl 6 Scholl Dawood Clvll Engineering Group D+?good Structural Engineering Consultant D#wood Mechanical Engineering Consultant Dawood Electrical Engineering Consultant Dawood Engineering or your contractor 1.1 SCHEMATIC DEVELOPMENT SERVICES - The Architect shall Illustrate, describe, design and refine the conscept of the project, confirming the scope, relationships, forms, size and appearance of the project by means of plans, sections and ekvatlons, typkal construction details, and equipment layouts. A. Review / Confirm Preliminary Design • Review Alternatives CS • Preliminary Plans, Square Footage • Construction Budget DE Present Program to Client • Assist in Client Review and Approval B. Establish contact with building code enforcement officer CS G Prepare preliminary site plan and submission for planning commission approval(s) DEC D. Perform review of building code CS E. Geotechnical Engineer notice to proceed for site soil Investigation DEC F. CADD layout • Prepare preliminary floor plans CS G. Establish material list CS OE H. Coordinate building package with client resources CS DE z U 6 400L-90-60 W 'd ?C'LY ?0 U1 •6111,eou" pooh °4 D8£OL6L l1L 2 020 Good Hope Rud ns No. 04-011 1 t13 12.2004 I. Conduct client and design team review meetings CS • Schematic design submission for client approval J. Approval of site / land development drawings by local government DEC agencies K. Submit site drawings for County and/or Sate approvals DEC L. Design Drawings CS • Update Preliminary Floor Plans DE . ONE • Prepare Preliminary Building Sections and Elevations • identify Typical Detalb and WW Sections • Prepare Preliminary Finish and Hardware Schedules • Prepare Preliminary Str-ctural, Mechanical, and Electrical Layouts • Coordinate Design with Consultants M. Update materials ht CS DE N. Evaluate Geotechnical investigation and prepare report DEC DES 0. Develop mechanical / electrical equipment list DEAI DEE P. Review of construction budget, schedule DE Q. Review Meetings CS • Design development (3S%) submission for client approval DE - CSA1E 1.2 CONSTRUCTION DOCUMENTS SERVICES - The Architect shall provide documents based on the approved schematic development documents. The construction documents shall Include drawings that establish materials and systems required for the project. A. Finalize design drawings Civil Drawings DEC • Existing conditions plan • Land development plans • Site Improvement plans • Grading plan • Storm water management • Sol and erosion plan • Landscaping plan • Typical dualis • Typical notes • PA Department of Transportation - Highway occupancy plans Of required) MIP IPOOL-LO-60 'w'd04:QY10 U1 •8111,••u IOu3 pooMNC 06Sp LEL L le f Oawood - 2020 Good Hope Road Sony Dawood cm Pie. 04-01e July 12. 2004 hp! 4 Architectural Drawings • CS1.00 Information Sheet • A1.01 First Floor Plan • A1.02 Second Floor Plan Al .03 Roof Plan • A2.01 Exterior Elevations • A3.01 Building Sections (2) • A4.01 Wail Sections a Details (4) • AS.01 Large Scak Plans Elevations a Det il , a s - Toilet Rooms - Reception • A6,01 Door Schedule • A7.01 Flnish Schedule • A8.01 WICted Coiling Plans • A9.01 Stair S*Wons A Details Demolition plans Structural Dnwrings • General Notes • Foundation Plans • Framing Plans • Sections and Details • Schedules . Mechanical Drawings • General Notes • Site Plan • New Construction Plans • Equipment Plans • Diagrams • Oetills • Schedules Plumbing Drawings • General Notes • Site Plan • Sanbry Plans • Domestic Plans • Diagrams • Details • Schedules Electrical DmMgs • General Notes • Site Plan • New Floor Plan - Lighting New Floor Plan - Power • Speciaky Plans • Diagrams • Schedules • Details CS DES OEM OEM DEE Z N 4 foot-ZO-60 'w d 00'04• LO Ul •Bu,i•.u 1°"3 P°OMro case ast < « DON00d - 2020 Good Hope Road CC" Mom, 0 -01• July 12, 2004 Page S 8. Finalize Materials List C. Final construction budget and schedule D. Conduct design team review meetings e 65% e 90M e Final E Obtain local permitting DE DE CS DE - CSNE DE 1.3 CONSTRUCTION PROCUREMENT SERVICES - The Owner shall obtain bids, determine the successful bidder, award and prepare contracts for constr ti T , Architect maw be hired on an hourly basis to assist In this ha uc on. he p se. A. Notification to Interested contractors DE & Document DistrIutlon DE C. Conduct pre-bid conference DE D. Evaluate bid submission DE E. Facilitate negotlations F. Execute owner contractor agreements DE DE 1.4 CONSTRUCTION ADMINISTRATION SERVICES - The Owner shall provide administration of the contract between the Owner and the Contr Th actor. e Architect shall be available to advise and consult vith the Owner during the e i xe construction contract on an hourly basis. cut on of the A. Review submittals; shop drawings DE L Applications for payments DE C. Partkipate In (4) coordination meetings with contractor CS D. Conduct final Inspections DE SERVICES NOT INCLUDED The following services are not Included In this proposal and are expected to be provided by the Contractor, Subcontractor and/or by Cianfichl & Scholl and billed to the client as additional services. • SpeclAcatiorls (unique materials will be Identilled on the drawings) • Design of Electrical, MVAC, or Plumbing Systems with the exception of fixture locations shown on the Architectural drawings. • Structural Engineering whkh may be required or requested. Construction Services p,e., coristructlon phase site visits, reviewing contractor's payment schedules, shop drawing review, etc.). e Civil EngIneering. A She Plan Indicating location of handicap parking may be included In the cover sheet for Code Enforcement Officer Review. Site Plan shall be provided M electronic format by Dawood Engineering, • Municipal, State and / or permitting fees. Z W 0 bOoz-eo-80 'W'd 89:0S t0 U1 'BU1j98u4u3 poom e0 GBGO ?9111 l X020 Good Hope Road Cab ft 04-013 July 12, 2004 Page 6 TIME A schedule has not been established. The following milestones are suggested: Notice To Proceed 1.1 Schematic Development Services Sketch Plan / Program Confirmation Meeting Three Weeks Final schematic ON acceptance meeting Three Weeks 1,2 Constructlon Document Services Progress Drawing Review Meeting 65% Three Weeks Progress Drawing Review Meeting 90% Three Weeks Final Review Meeting Three Weeks Documents to Printers One Week 1.3 Construction Procurement Services Issue Documents for OiddIng One Week Pre-Old Meeting at Site One Week Issue Addendum Week `Half Bids Due Hag Week Award Contract Two Weeks 1.4 Construction Administration Services Start Construction One Week Progress Observation (2 week intervals) TBA Final Acceptance 24 Weeks FORMAT OF AGREEMENT Cianfichl & Scholl proposes this document, including Attachment "A" Standard Terms and Conditions and Attachment "8" Schedule of Rates, to serve as the Agreement between Owner and Architect when signed. COMPENSATION For services Identified In The Scope of Services portion of this document, Compensation shall be the flxed fee of Twenty Nine Thousand One Hundred Dollars ($29,100.M). Rehr to Attachment "A" Standard Terms and Conditions for additional information regarding additional services and reimbursable expenses. PAYMENT An Initial payment of $2,90M shall be made upon execution of this Agreement. Refer to Attachment "A" Standard Terms and Conditions for additional payment Information and Attachment "B" for hourly rate schedule. t ?! L t•OOL t0 80 w d L11910 U1 '6ulAeUIOU3 POOH 90 0690 7, EL [ 1 L Dawovd - 2020 Good Hope Road I" DawOad CIS No. 01-018 July 12, 2004 Nqe 7 Thank you for your consideration of this Proposal / Agreement for Professional Services, Please Indicate your understanding and acceptance of this Proposal / Agreement by signing. the enclosed copy in the space provided and returning same to Clanfkhl & Scholl. Please tali If you have any questions or comments. Sincerely, Robert C- Cianfichi, PE President ACCEPTED; 664 DDate/ k J. a..w as Paint Name z V a OW-Lo-so 'W 'd o6:¢4: to ui •5u1j9eui5u3 PooMea goo M I IL ATTACHM6Kr "A" These Standard Terms and Conditions an Incorporated by reference Into the foregoing agreement, or pr AgreeM ORO between Clanfkhl i Scholl Architectural Associates, LLC and its d knt ('Sony Davo o) fbr are e p florm ? e of aNrn? services M fkhl A Schein. Than Standard Terms and ell fifty so" In the body of the Agresment. 1. Period of Offtr, Any Proposal bar CINMchl i Scholl b proWde Pmfmiond servloea must be accepted nAdhln sbay (O days of tha dam of pnopoeal Thy sbay ,M doy period mW only be ananded by mutual wrMten agreement of both MAN iscstd Cfiaot. Omkhl i Sdtoll shah have the option of canceling a Clarnfkhl i Scholl Proposal at any time prior to the original or extended expiration date of the proposal. In the swat a Client aoceph a Chnffchl i Schell propod by executing and doMerhng either the signed w1i al or copy to CWMchl i Sdw#, the signed ClanAchl 3 Schholl proposal and the attachments expressly Inoorporatad 111orm by reierena shill constitute the endre agreement between tie parties ('AMmmenO. Thea opo:fhl and these term and conditions shall also hold own If the Chat has no returned an haidd copy but has kulketed that he expects Ci With this mfkbl i Scholl to begin work, and realm work from Cl nAchl i Scholl pfd In accordance 2. A Scholl dditional Ski ioaasn. In addition to time additional services referanced In the Agreement, QaMchi A anhy of dare billowing services, H requested, In accadande with hem 3, Fees and Penill provide Including, monitoring of construction, design of cornctlve measures required by Conenaesw error or unforeseen or wmxpeoted Mid eorhdltons, services resulting from dmps in the extent of the pr #Kl or required documentation, age ft.- rice of arty portion of the Scope of Services due io dwMw In codas, standards or gowrnmaM agency requirements, etc. which take effect after the work has begun, and preparing to serve or serving as a consultant or witness In any legal or adnnkdmastw proceeding or phrbNe hearing. S. Chien" Oral Decisions. alert, or any IndlWdual or at having apparent auth Hearn Client, may orally: W mdse decisions re lalMp to Chnffahl i Sehdl Solely or the Agreement; request a Clonfichthe sops i Maul o ff ClanflM ism under do Agrthe eement CU or (d request the performance any then limit tie authority of any or all farce time i this Item and at 9" sewn m days' advance written nom to Clan&hl • on pi's behalf wider this tem 3, by 4 oprlasAry- <ghta. Client acknowledges that Cknfti has proprietary rights M all work produced for Client, and that documano g such work product, lachAng drawhgs, specifications, and reports, shall not be furnish persons unless writtwh authoriatlon Is first obtained from O Mlehl i ScM or union by clear M WIl ation from the ckamstanm such work product was Intended by Client and Ci m&M & Scholl to be furnished to ON persons S. Few and Con- satlon. In the emit the Olimt requests Ctanltahl i Scholl to perks services not spsdhca1r described In the Agreement, CIMM agrees to compensate CMnMI A Scholl for such services In a ewdance with the hourly rah schedule set forth a Attachment g of dnls Agreement, or in accordance with a mutually peed to lump sum price. Hourly rates are subject to anneal rahlon at the dhecredon of CianffcM i Scholl. Items of adduced eerAce shall be authadned In writing by the Cilent. When oral authorization to perform addhlond services Is given by Cliff (tie item =), Client agrees to compensate GankM i Scholl for all services provided. Wrftn confi moon of oral authorisation and terms of compensation dale be provided to Client by ClaMhchh i Scholl. 6. Sub•Conswhow and Contranoor Services Should sub-oonsultem, laborawry services be squired, their fees plus expenses Ad be reimbursable to Clan" A Scholl or (scontractor ee it ). f. Cosstrucdan Costa Construction costs am deffned as the total actual cost or estimated cost to Client of all alemor a of the prefect designed or specifled by Cianlidhl i Scholl excluding CkrAchl Scholl fees. Claaftchl i Scholl assumes no responsibility for any project or constnretioa costs estimates or opinions given to Client as Clanfkhl i Scholl has no control over the cost of labor, materlale, equipment, or services fwrMshod by others, or over competitive bidding or market conditions. 91/5 V009-LO-60 w 4 ee: f4 l0 Uh 'DUIJGSU ft3 PoeMOp 9690 h:6[ L it Attachment A - ltarWW Terms and Omdidons Dawood -2020 Good Hope Road July 12, 2004 Page 2 of 3 a R Indm rsableExpanses. Client shall reimburse Clanflchii Scholl for all expenses recessaMly or reasonably incurred by Clanfkhi i Scholl in connection with the performance of pm(MkW services for Client. Such expenses Include, but an not limited to, the lidlowhap, traftipormion p?, meals and lodging In connection with travel, long-dktance gl?hcw" Charging. comWW exPensa; photographic acne:; fop and lnspectbn s8 Paid by CWW i Scholl on behalf of Cgenr delivery, sMppirg and courier expanses; droWngs and document reproduction or a ts? and other outvNWScat expenses IndderrleI to performance of ChrJkhi i Schell's sell a. puWk hl A Scholl may subrr* Invokes fbr rdmbMMIS upon pp ftm k"ns for services. a Payrnteet Tercets. Clanfkhl i Scholl may submit mond* Invokes to Client hr CNnAefil i Scholl Services and for reimbursable agwmses Incised. invoku are payable upon racalpt. and Client agrees to pay a l1nance charge of one and one-half Ps cartt (1,519 per month on any unpaid 1h s3ana not retied by Garnjidd 6 Scholl whfnln thirty (90 dots of the Immks date. Mwolas nWbe bawd either upon ClanfkM Scholl'$ esthete of the proportion Of the total services actwily canpfet,d at the time of billhtg, fo.i r hump sum or fbad he contracts, or In the case of an hourly contract, upon actual Clanfkhi Scfloga>trtp in the mr invoke knot peed wWa tMrty (30) d*s or tM hivoloe date. have do right either b uspetd the parllsrnnam of t Ndw CNnAdU i Sc holi Services untie all k"Ices to Client under No or any other days put agnaneat eon than dtl p01 d due art fogy or to fmm* to the Affanmept and b lnltk to pocgqdMp to Mawr OWN, owed by Chem. doorWf . Gank*l i id bore tM right to Cllw any drawings or dooments prepared by Clanflehi i Scholl for Chnt antler the or any until all delinquent Invokes am paid In Adl. Client shall not set off ppoymem of Ct oml Invokes by * amounts due, or cWmW to be dus, ham CkMkM i Scholl b Chat. Client 4pw to hold ClanflIdd less for any and all damages lncurnd by win suspension of the work. Cpent agrees to pay all costs and 1*0 fist associated with the colkcdon of pan due mow" 10. Tenalnadon. In the even of termination by CNIM CDW agrees to gfw CtaWMI i ScMN notla M wrltng of such instant ten (10) worfclr4 days pdor to ternnbnatlon date. In the avian of two by Own or by Clanikhi i Scholl, Client shall Imrned" pay for all sewices rendered tI?OUOh termination date, aimbursable expenses and all ether panses hmnvd In go name of ent Inducting has and expenses Incurred br CWMW i Sdnoo as a resultof the terrMnaft, 11. Hasrardoes ever Toxk Wasp w StispnCN% PWhnlsn or Qo¦tanhlnaeifsa Clawlchl i St:MN shall have no responsbillty for surching for or Idenoing any huardow or tack waste or subomms or 1 polko w or cotxaminWon due to the pnsenos of hascaMoue or toode wastes or substance. the M ?' tern, or provislon of this agreement Is held to be liked or urhsalorceabls, not aflo?ed, any r put, of the remain , terms, and provisions of the Mf"M shall dghis of Clanftl 6=1 aad diem shall be construed and enforced as If the agreement did not conWnn the Illegal or unenhres" part term or prevision, I & Lbndtntens on LWAlty. The IIWWMy of Cknnfkhi i 3M- 1 forarhy rv?q? knis, bodily Injury of or to Chem caused In whole or In part by an error or aalsslon ? ClrhnAch1 Scitol1, or any of partner$, employees, agents, or sulkontractois of ClanAehl a Scholl, in the perAorrhu of this Agreenion , as this agreement may from time to tkrne be amended, or in the parMorrnatp thecet?aid services In q way related to cite Agreement, :hall be limit ad to the amount fees P by gt M 8 Scholl for such servICK extapt for any Intentional act or gross negligence on behalf of Clanfkhl i ScW. Client rdenes, walls and shall not seek contribution from or indemnification by Clm&hl i Scholl for any claims of any natuns made against Client by any otter person who may sufhr arunhyy tees, Property damage or bodly khjury M any manner associated with the services rendered by Clanikhi &. Scholl, and by Its partners, em subcontractors sunder is moment. as this Pte . agents and Agreement may from time to time be amended or arty negligence me services a" on behalf es CI way related to the Agreement, except for any ? acts of gms ankhl i Scholl. Clanflch & Scholl shay not be habit to Chant, In any event or for any amounts fbr delays or for coneequental, special or incidental damages. Mot 400Z-0-60 V a JZ'04 10 uj'fluj.eeu" pooh "4 0840 ZCL I 1 L Atta hment A - Standard Terms and Conditions Daweod - 2020 Good Hope Road Jub 12.2004 Ppe3ofa 10. MaornnM -- IS& aient gall Indem" and MM ClaMW i Stroll harmless from and against any and all liability, claims and demands for lower, property damps and bo ft k1) W wisip out of work undemten on the projo2 m which 00 A4raement "lags by Client, or Clk aft contractor, subcontractor or other Indgmdw a company or consultant employed by Chant to welt on this PrgjKL or their respective offkers, directors, partners, ands or atslipow or orkin0 out of any other operation. no mrhtter by whom performed. for aNd on of CberA or suoh aomewwr, su nctor or other Independatt nompoy 1 or consultant, except for any Nttsntlonal acts or !rm npMpuhce on bftN of Cleaflchl i Scholl. htesv deo Cbttsa. The Aorew w represents the ends aoreemw of the pwtkL No prior statements, or Indree mm made by eldw Canfkhl & Scholl, Client or their respective aoatt, that Is not contsitwd In - AOreement shall enlar a f1w" after Vey the wriksn farms of the Avvemset unless they M made In wrltpq grid nude a pan of do Apgreem s hnwnt Incorporated by reference In the App or signed or InHWW on babe of both dN t t b00Z-LO.60 w d 0£:d+C: t0 ul 'OtNiosufta POOM b O6W ?CL L IL ATTACHMENT "B" SCHEDI&E OF RATES DAWOOO - 2020 GOOD HOPE ROAD January 1, 2004 Through December 31, 2004 Architect (Prlncipei)................................................................................. sl 05.00 / hour Architect (Project) ......................................................................... $90.00 / hour ............ Intern Architect ......................................................................................... $65.00 / hour Drafting (CAD)....... ...................................................................................SSO.00 / hour Administrative / Secretarial ...................................................................... $40.00 / hour These rates are subject to change; however, we will MIN you at least 30 days In advance of Invoicing you for services at new rates. cphoco r Hqw Per Rendering $400.00 Size Copies 8-1/2 X 11 Cost s 0110 it x 17• s 0.20 Black line Prints 18 X 24 $ 1.00 24 X 36 S 1.50 30 X 42 S 2.00 Plotting - Mack A White (Bond) 24 X 36 $ 6.00 30 X 42 S 9.00 Plotting - Color (Bond) 24 X 36 5 12.00 30 X 42 S 18.00 AIA Documents As Used Photographic Expenses As Used FAX Per Sheet $ 1.00 Travel Per Mile S 0.3S Meals and Lodging (associated with Travel) As Used Postage, Delivery, Shipping and Courier Services As Used Telephone (Long Distance) As Used Permits, Filing and/or inspection fees . Paid by ClanAchl A Scholl on behaN of client As Used ?L/?I 1P00Z-0-60 'w d N:69: go U1 'OullOQU 13 pooM80 o6So Z61 L 11 CIANFICHI • SCHOLL • LUDWIG DAWOOD ENGINEERING, INC. 2020 GOOD HOPE ROAD ENOLA, PA 17025 ACCOUNT STATEMENT Note: Finance charges have been assessed at an annual percentage rate of 18% with average daily balance compounding. ?rr F Cian slchi -- • L?` '? r_h.II CIA ? 710rIIas A Lud Niq ..11A .t) ,SAN =ik?. Caril ? =S 17!)13 =h; :ne "17-_?.3-1?)0 I.ak '1T-?i30 -1)15 31 EXHIBIT "B" TOTAL DUE $10,453.38 Caanfichi Scholl L( mg Architects, LLC 1230 Holly Pike, cariisle, PA 17013 Bill To DAWOOD ENGINEERING, INC. P 0 BOX 246 ENOLA, PA 17025 CSL NO. 04-018 DAWOOD II CSL JOB NO: 04-018 PROJECT NAME DAWOOD II f Invoice Date Invoice # 111/2005 2176 Terms Due on receipt CLIENT P. 0. Description PROVIDE PLANS FOR NEW OFFICE Contract Amt % Complete Total Invoiced Less Previous Amount Due BUILDING TO BE LOCATED AT 2020 GOOD HOPE ROAD, ENOLA, PA SCHEMATIC DEVELOPMENT PHASE 3,140.00 100 00% CONSTR DOCUMENTS PHASE 24,000.00 . 100 00% 3,140.00 3,140.00 0.00 CONSTR ADMINISTRATION PHASE 1,960.00 . 1500% 24,000.00 24,000.00 0.00 294-00 294.00 THANK YOU! TOTAL DUE THIS INVOICE $294.00 q Cianfichi Scholl L7ig Architects„ LLCB 1230 Holly Pike, Carlisle, PA 17013 Bill To DAWOOD ENGINEERING, INC. P O BOX 246 ENOLA, PA 17025 CSL NO. 04-018 DAWOOD II CSL JOB NO: 04-018 PROJECT NAME DAWOOD II Invoice Date Invoice 2/8/2005 2203 Terms Due on receipt CLIENT P. 0. Description Contract Amt No Complete Total Invoiced Less Previous Amount Due PROVIDE PLANS FOR NEW OFFICE BUILDING TO BE LOCATED AT 2020 GOOD HOPE ROAD, ENOLA, PA SCHEMATIC DEVELOPMENT PHASE 3,140.00 100.00°x6 3,140.00 3,140.00 CONSTR DOCUMENTS PHASE 24,000.00 100.00°x6 24,000.00 24,000.00 0.00 CONSTR ADMINISTRATION PHASE 1,960.00 50.00°x6 980.00 294.00 0.00 686.00 THANK YOU! TOTAL DUE THIS INVOICE $686,00 Clanfichl Scholl LIj" 'ig Architects, LLC 1230 Holly Pike, Carlisle, PA 17013 Bill To DAWOOD ENGINEERING, INC. P 0 BOX 246 ENOLA, PA 17025 CSL NO. 04-018 DAWOOD II CSL JOB NO: 04-018 Description PROVIDE PLANS FOR NEW OFFICE BUILDING TO BE LOCATED AT 2020 GOOD HOPE ROAD, ENOLA, PA SCHEMATIC DEVELOPMENT PHASE CONSTR DOCUMENTS PHASE CONSTR ADMINISTRATION PHASE PROJECT NAME OAW000 II Invoice Date Invoice #1 3/3/2005 2220 Terms Due on receipt CLIENT P. 0. Contract Amt % Complete Total Invoiced Less Previous Amount Due 3,140.00 100.00% 3,140.00 3,140.00 0 00 24.000.00 100.00% 24, 000.00 24, 000.00 0 00 1,960.00 80.00° 1,568.00 980.00 . 588.00 THANK YOU! TOTAL DUE THIS INVOICE $588.00 Cianfichi Scholl Lt' 4ig Architects, LLC 1230 Holly Pike, Carlisle, PA 17013 Bill To DAWOOD ENGINEERING, INC. P 0 BOX 246 ENOLA, PA 1702 5 CSL NO. 04-018 DAWOOD 11 CSL JOB NO: 04-018 Description PROVIDE PLANS FOR NEW OFFICE BUILDING TO BE LOCATED AT 2020 GOOD HOPE ROAD, ENOLA, PA SCHEMATIC DEVELOPMENT PHASE CONSTR DOCUMENTS PHASE CONSTR ADMINISTRATION PHASE PROJECT NAME DAWOOD II Invoice Date Invoice e 3/29/2005 2239 Terms Due on receipt CLIENT P. O. Contract Amt % Complete Total Invoiced Less Previous Amount Due 3,140.00 100.00% 24, 000.00 100.00% 1.960.00 100.00% 3,140.00 24, 000.00 1,960.00 3,140.00 0.00 24, 000.00 0.00 1,568.00 392.00 THANK YOU! TOTAL DUE THIS INVOICE $392.00 Cianfichi Scholl L? ,Nlg Architects LLC 1230 Holly Pike, Carlisle PA 17013 Bill To DAWOOD ENGINEERING P 0 BOX 246 ENOLA, PA 17025 C5L NO. 04-018.01 DAWOOD it 2ND FLOOR CSL JOB NO: 04-018.01 PROJECT NAME 2ND FLOOR DAWOOO II Invoice Date Invoice # 4/25/2005 2252 Terms Due on receipt CLIENT P. 0. Description Qty Rate Amount PROVIDE PERMIT PLANS FOR SECOND FLOOR FITOUT - DAWOOD II ARCHITECTURAL DESIGN 9 110.00 990.00 'CAD/DRAFTING 16 5500 880.00 REIMBURSABLE& 2036 PRINTS 21 1.50 31.50 THANK YOU! Total $1,901.50 Cianfichi Scholl U rig Architects, LLC 1230 Holly Pike, Carlisle PA 17013 Invoice Date Invoice S 5/25/2005 2277 Bill To DAWOOD ENGINEERING P 0 BOX 246 Terms ENOLA, PA 17025 Due on receipt CSL NO. 04-018.01 DAWOOD II 2ND FLOOR CSL JOB NO: PROJECT NAME CLIENT P. 0. 04-018.01 2ND FLOOR DAWOOD II Description Qty Rate Amount PROVIDE CONSTRUCTION ADMINISTRATION REVIEWS FOR SECOND FLOOR FITOUT. DAWOOD II ARCHITECTURAL DESIGN 5 95.00 475.00 THANK YOU! Total 5475.00 Cr-anchi Scholl ClIft vig Architects, LLC 12_,0 Holly Pike, Carlisle PA 17013 Invoice Date Invoice N 10/26/2005 2444 Bill To 11AWOOD ENGINEERING, INC. P 0 BOX 246 Terms E VOLA, PA 17025 Due on receipt CSL NO. 04-011.03 LIVE OAKS CSL JOB NO: PROJECT NAME CLIENT P. O. 04-011.03 DAWOOD CARLISLE Description Qty Rate PROVIDE REVISED PLANS FOR BUILDING PERMIT FOR Amount DAWOOD CARLISLE SUITE, LIVE OAKS PROFESSIONAL BUILDING ARCHITECTURAL DESIGN • 9 95.00 855.00 CAD /DRAFTING , 6 55.00 330.00 REIMBURSABLE& 2036 PRINTS 18 1.50 27.00 THANK YOU! Total 31,212.00 Cianfichi Scholl Gwig Architects, LLC O 1230 Holly Pike, Carlisle PA 17013 f Invoice Date Invoice # 1/27/2006 2525 Bill To C?AW000 ENGINEERING, INC. P 0 BOX 246 ENOLA, PA 1702S C.SL NO. 04-011.03 LIVE OAKS CSL JOB NO: 04-011.03 PROJECT NAME DAWOOD CARLISLE Description CONSTRUCTION ADMINISTRATION CONSULTATION FOR DAWOOD CARLISLE SUITE, LIVE OAKS PROFESSIONAL BUILDING ARCHITECTURAL DESIGN Qty Rate 2.5 Terms Due on receipt CLIENT P. 0. Amount 95.00 237.50 THANK YOU! Total 5237.50 1, ° v r VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. C? Robert B. tianfichi Ludwig Architects A- ) . 0 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne M. Pecht, Esquire 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 MARTSON LAW OFFICES By fn'-- a D. Eckenroa East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 28, 2009 CEL) ? f f ? T t ? L:. J P'f, .Sj Z. U 1 f (,r+ CJ , J M . < . 9? -i ay3/?- F:\F1LES\Cliwu\11106 CS&L\11106b.soshde Crated: 110!01 09:49:53 AM David A. Fitzsimons, Esquire I.D. Number 41722 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs CIANFICHI SCHOLL LUDWIG ARCHITECTS, LLC, Plaintiff V. DAWOOD ENGINEERING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 2636 : CIVIL TERM ATTORNEY'S ACCEPTANCE OF SERVICE I, Wayne M. Pecht, Esquire, attorney for Defendant Dawood Engineering, Inc., in the above-captioned action, hereby accept service of the Complaint in the above action on rALN Ps, 2 W on its behalf and certify that I am authorized to do so. Date: MOLL ?' ( Zdc? Wayne . Pecht, Esquire 3 r- T ?Y Ti,-'r- F?-- I" 9 ', 2 i Ff' -11 2: : ;QTY