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HomeMy WebLinkAbout09-3057 4 HARTECH ENGINEERING, INC 1020 W. Foxcroft Drive, Camp Hill, Pennsylvania 17011, v. BINK ARCHITECTURAL PARTNERSHIP, a fictitious name of BINK PARTNERSHIP, INC., 133 S. 32nd Street, Camp Hill, Pennsylvania 17011 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 3 d ?7 C ? r?"^ PRAECIPE TO ENTER JUDGMENT FROM MAGISTERIAL DISTRICT COURT JUDGMENT To the Prothonotary: PLEASE enter a judgment against the Defendant, Bink Architectural Partnership, a fictitious name of Bink Partnership, Inc., in the above captioned matter in the amount of $7,334.50, plus interest and costs, pursuant to a Notice of Judgment/Transcript from Magisterial District Roger A. Estep (SR MDJ), the original of which is attached hereto and incorporated herein. Dated: I3 2;n? I Attorneys for Plaintiff :221427 P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 COMM6NWEALTH OF PENNSYLVANIA COUNTY OR CUNBZR1l17IND Mag. Dist. No.: 09-1-02 MDJ Name: Hon. ROGZR A. HSTBP (SR NDJ) Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 ) 761-0583 17011 HARTECH MIGINBHAING 1020 N FOZCROFT DR CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIRT CIVIL CASE PLAINTIFF: NAME and ADDRESS rHARTECH ZWINZZRING & CONSULTING 1020 W FOZCROFT DR CAMP HILL, PA 17011 L VS. I DEFENDANT: NAME and ADDRESS rBINR JMCHITECTU AL PARTNB SRXP 133 S 32ND ST CAMP HILL, PA 17011 CONSULTING L J Docket No.: CV-0000067-09 Date Filed: 2/26/09 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JODAII311INT PLTF (Date of Judgment) 4/07/09 ® Judgment was entered for: (Name) HARTECH ZNQINZZRING A CONSULTI Judgment was entered against: (Name) BINS ARCHITECTURAL PART SHIP 7334.5 in the amount of $ . ? Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 6i200.00 $ 134.50 $ .00 $3, IIII0:11111D $ 7,334.501 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7' d Date ..,/, Magisterial District Judge I certi that this is at and correct of the of the eedings containing the judgment. d / 8 Date ?? !? Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 4/07/09 11:23:00 AN i. CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Enter Judgment from Magisterial District Court Judgment on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Bink Architectural Partnership, a fictitious name of Bink Partnership, Inc. 133S.32 nd Street Camp Hill, PA 17011 S LI C. Dated: s (3? By van C. Pappas, I.D. #20010 P.O. BOX 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 Attorneys for Plaintiff S FILED-ACA iCE OF THEE 2009 MAY 13 PH 2: 56 -7 y 61 1 ?o ?Q vffGe ^,r- HARTECH ENGINEERING, INC. 1020 W. Foxcroft Drive, Camp Hill, Pennsylvania 17011, v. BINK ARCHITECTURAL PARTNERSHIP, a fictious name of BINK PARTNERSHIP, INC., 133 S. 32nd Street, Camp Hill, Pennsylvania 17011 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 0- 3o5-7 cv, I NOTICE ORIG I A IIVAL TO: BINK ARCHITECTURAL PARTNERSHIP, a fictitious BINK PARTNERSHIP, INC. You are hereby notified that on 13 , 2009 the following judgment has been entered against you in the above-referenced ca e. The judgment is in the amount of $7,334.50, plus interest and costs in the above- captioned case. - /?/ ", /' 24?v Prothonotary I hereby certify that the following is the last known address of the proper persons to receive this notice: Bink Architectural Partnership, a fictitious name of Bink Partnership, Inc. 133 S.32 d Street Camp Hill, PA 17011 Zr ..' P. Dated: ?j t 3 2? By van C. Pappas, I.D. 0103 P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 Attorneys for Plaintiff :221427 00 •w HARTECH ENGINEERING & CONSULTING, Plaintiff V. BINK ARCHITECTURAL PARTNERSHIP, a fictitious name of BINK PARTNERSHIP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action No. 09-3057 PRAECIPE TO AMEND CAPTION AND JUDGMENT TO: PROTHONOTARY Please amend the caption in the instant matter to reflect the Plaintiffs name as Hartech Engineering & Consulting and index the judgment entered on May 15, 2009 in favor of Hartech Engineering & Consulting. S DER WILLI AS, .C. Dated: May 19, 2009 By Evan C. Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :221675 1 -ft CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Amend Caption and Judgment on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Bink Architectural Partnership 133 S. 32nd Street Camp Hill, PA 17011 S KER WILLIAM C. Dated: May 19, 2009 By van C. Pappas P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 FILED-40 ;;= ;E CF THE I"',: ,T?9y 2009 MAY 19 AM 10: -j 6 F-i 0- HARTECH ENGINEERING & CONSULTING, Plaintiff V. BINK ARCHITECTURAL PARTNERSHIP, a fictitious name of BINK PARTNERSHIP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 09-3057 AMENDED PRAECIPE TO AMEND CAPTION AND JUDGMENT TO: PROTHONOTARY Please amend the caption in the instant matter to reflect the Plaintiff's name as Hartech Engineering & Consulting and index the judgment entered on May 13, 2009 in favor of Hartech Engineering & Consulting. SH_ UML IAMS, Dated: May 19, 2009 By E C. Pappas, I.D. #200 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :221675 --b CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Amended Praecipe to Amend Caption and Judgment on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Bink Architectural Partnership 133 S. 32nd Street Camp Hill, PA 17011 S WILLI P.C. Dated: May 19, 2009 By van C. Pappas P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 FiLFC} E- OF THE " ' f;' Y ,, 2009 MA 19 Pl, l : 2 IPA* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: HARTECH ENGINEERING, INC., Plaintiff V. BINK ARCHITECTURAL PARTNERSHIP, a fictitious name of BINK PARTNERSHIP, INC. ? Confessed Judgment ® Other File No. 09-3057 Civil Amount Due $7,334.50 Interest $7.23 (from5/13/09) CAM-P 1 iL L, 1 A /'7bl J "T THE PROTHONOTARY OF THE SAID COURT: Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contact, 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) Property in the possession of Garnishee, Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, PA 17055 PRAECIPE FOR ATTACE[MENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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 codes of lengthy versonalty list) Any and all propprty in h oa sajo of Garnishee_, Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, PA 17055 aid 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 his st re state the defendant(s) described in the attached exhibit. Date _ may 1 R 2nn9 Signature: Print Name: Evan C. Pappas Address: PhV . Soxglliams , P.C. Harrisburg, PA 17108 Attorney for: Plaintiff Telephone: (717) 763-1121 Supreme Court ID No: 200103 FLED- = 0'?. 'OF Tr 2 0 0 9 VIA 18 'i" 1 2= 58 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMENDED PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment KI Other HARTECH ENGINEERING & CONSULTING, Plaintiff V. BINK ARCHITECTURAL PARTNERSHIP, a fictitious name:of BINK PARTNERSHIP, INC. : File No. 09-3057 Civil Amount Due $7,334.50 Interest 7.23 (from 5/13/09) Atty's Comm 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) Property in the possession of Garnishee, Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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) Any and all property in the possession of Garnishee, Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, PA 17055 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 nst r estat defendant(s) described in the attached exhibit. Date May 20 , 2009 Signature: Print Name: van . Pappa uma er Williams, .C. Address: P.O. Bex 88 Harrisburg, PA 17108 Attorney for: Plaintiff Telephone: (717) 763-1121 Supreme Court ID No: 200103 FllFi... IM' OF THEE ! r _;? I C . 2009 MAY 20 AH 11: 02 ??F;r r WRIT OF EXECUTION and/or TTACHMENT Avv%9'0 ? COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3057 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: capst6L1;A4 a To satisfy the debt, interest and costs due Hartech Engineering,4- . Plaintiff (s) From Bink Architectural Partnership, a fictitious name of Bink Partnership, Inc. 133S.32 nd St. Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell Property in the possession of Garnishee, Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Any and all property in the possession of Garnishee, Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, PA 17055 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 $7,334.50 Interest $7.23 (from 5/13/09) Atty's Comm % Atty Paid $54.24 Plaintiff Paid Date: May 18, 2009 L.L.$.50 Due Prothy $2.00 Other Costs is R. Long, ono (Seal) By: Deputy REQUESTING PARTY: Name Evan C. Pappas, Esq. Shumaker Williams, P.C. Address: P. O. Box 88 Harrisburg, PA 17108 Attorney for: Plaintiff Telephone: (717) 763-1121 Supreme Court ID No. 200103 Sheriffs Office of Cumberland County R Thomas Kline Or Solicitor Sheriff Ronny R Anderson Jody S Smith Chief Deputy DICE OF THE St46RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/01/2009 02:30 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 1, 2009 at 1429 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Bink Architectural Partnership, in the hands, possession, or control of the within named garnishee, Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055 by handing to Richard Laskey, Financial Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on 06-02-09 to Mr. Harrison Bink, Bink Architectural partnership, at 133 S 32nd Street, Camp Hill, PA 17011. 2009-3057 So Answers Hartech Engineering & Consulting vs Bink Architectural Partnership R. Thomas Kline, Sheriff s _. ?_ :.. By Deputy Sheriff ?w Go i x? - w} rr-f ': L0 r HARTECH ENGINEERING & CONSULTING, Plaintiff V. KINK ARCHITECTURAL, PARTNERSHIP, a fictitious name of BINK PARTNERSHIP, INC., Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 09-3057 PLAINTIFF'S INTERROGATORIES PROPOUNDED TO GARNISHEE IN AID OF EXECUTION PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 3117 TO: Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the Defendant any money or were liable to the Defendant for any reason? ANSWER: rn f .-Own S W q _S S ertJ j A ? Die-P-Y1efan,-f - u/ctS no.? o w eo( on,, ?m o ne y/ s nub yAe.. `-C" 0 ul n S At ? yvi o v e /`-t'O r "iet r W "kA I''.c? /GtP'6 ( JKt d1n e67 ? "e- bet-"4it? lc?rl? ,hi cute. -#//2? y R7. 7`? ?ctVy"'7 er?l? u 7? joQ °fo Cho 2. At the time you were served or any subsequent time was there v custody or control or in the point possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? If yes, please describe the property. ANSWER: /,)o I At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interest? ANSWER: JN/O 4• At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? ANSWER: A] 5• At any time before or after you were served did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so, what as the consideration therefor? ANSWER: 0 0 6. Any at any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the direction of the Defendant or otherwise discharge any claim of Defendant against you? If yes, please describe. ANSWER: DU c) 7. At any time before or after you were served did the Defendant have an account, loan, assignment or contract or funds with you, whether individually or with one or mo persons? If so, state fully the type, kind, date, amount and account holder of the same. re ANSWER: ?'q- S. [ ?- •?n Q ?? f wc? s m0.Oo't` 1? r-G ? /h o/'L d YL c ? .n, G., Vv l `f' be rt-? ,n j e rN -- b a s-t^O o K cy t j1 t 'e"( S c-4 ee lq" /6' RE62 Lf3$.73 . 14!i Luor/k ru b/ a(d ?;tI w ItS W Q? ? o yt,..?r? C. ?to( Q v?-i o u ?1? pct t? a h j / n 6 dC o P Lo 94-ruc`7?v v Ir ?(/ Z,???• 75 r'to q1;5. C©rtiSf,-u??wvl ??as-e 2?P?rvv?;? i`S 5-?-?`t't P?-n?t?n 8. At any time before or after you were served, did you have?a e cujrity interest in P . any property of Defendant or were you holding any document of title or other collateral of any kind as security for any loan or time purchase transaction between yourself and Defendant? yes, please describe. If ANSWER: /J 0 C. Dated: U SHUMAVapppas. By van C. PP.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 :221654 Attorneys for Plaintiff SERVE COMMISSIONERS of UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY 100 GETTYSBURG PIKE BOARD OF COMMISSIONERS: MECHANICSBURG, PA 17055-5698 JAMES G. COCHRAN, President VIRGINIA M. ANDERSON, Vice President JOSEPH J. CHICK, Assistant Secretary PAUL M. RIGNEY, Assistant Secretary KENNETH M. MARTIN, Assistant Secretary June 29, 2009 PRECIPE TO ATTACH TO INTERROGATORIES Hartech Engineering & Consulting, Plaintiff Vs. Bink Architectural Partnership, Defendant Case #09-3057 To Whom It May Concern: TOWNSHIP MANAGER: LOUIS FAZEKAS TELEPHONE: (717) 766-0756 FAX: (717) 796-9833 E-MAIL: Ifazekas@upperallentwp.org WEB PAGE: www.upperallentwp.org On June 18, 2009 I forwarded Upper Allen Township's response to the Interrogatories regarding the Defendant. The answer to Question #7 of the interrogatories indicated that "payment was made on contract with Defendant based on attached schedule." Unfortunately, the schedule of payments was inadvertently omitted from the submission and is attached here. ,4L Lou Fazekas Township Manager Attachment Ito:?RD OF COMMISSIONERS: I aM1-:S G. ( -OCHRAN. President S-IR(dNIA ?i. ANDERSON. Vicc President MSLPII I CIIICK. Assislam Secrctar? PAI-'L M. H16NEY. Assistant Secretary K L.NNI -111 M MARTIN. Assisnim Sc,,eijr< COMMISSIONERS of UPPER ALLEN TOWNSHIP CUMBFIRLAND COUNTY 100 GET'I YSBURG PIKE MECHANICCSI3(IRG. PA 17055-5698 June 25. 2009 Cumberland County Court of Common Pleas One Courthouse Square Carlisle. PA 17013 'IOAVNSIIIPMANAGF.R: LOFTS FAZr_KAS TELEPHONE 1717) 76607S(, FAX -. (717) 796-9813 EMAIL: Ifa?ek;io-(n upper.Jlcnrr?p.?re WEB PAGE icw y.uplxrallc•ntap urg Re: Correction to Previously Submitted DOCUlnent Pertainin?1, to 'Writ of Execution (Amended): Bink Architectural Partnership Civil Action No. 09-3057 fo Whom It May Concern: On June 18, 2009 1 forwarded Upper Allen Township's response to the Interrogatories regarding the Defendant, Bink Architectural Partnership. The answer to Question 47 of the interrogatories indicated that "payment was made on contract with Defendant based on attached schedule.- Unfortunately, the schedule of payments was inadvertently omitted fi-0111 the submission. 1 have attached the schedule to this letter. I apologize for any inconvenience. Please feel tree to contact me if you have any questions or need further information. Sincerely. J Lou Fazekas I-ownship Ivlanagcr Nttachment z r, Partners May 5, 2009 Upper Allen Township Mr Lou Fazekas, Township Manager 100 Gettysburg Pike Mechanicsburg, PA 17055-5698 1 ;?iL ACCOUN ) Invoice No.: 3103 F-t b - C1k??h 4-v u BILLING FOR ARCHITECTURAL SERVICES (Per Agreement Dated 07l_ / Upper Allen Township Building Project No.: 08004 MM Progress billing per Agreement for Architectural Services rendered through to date L { 1. BASIC SERVICES - See Summary Below' J A Total Fee Earned $449• B Total Fee Previously Paid $401.132 62 (A) C Total Fee Previously Earned & Billed $431.13648 D Total This Invoice $18.814 50 II. REIMBURSABLE EXPENSES III. ADDITIONAL SERVICES IV. TOTAL AMOUNT DUE UPON RECEIPT Copies B/W $0 00 (B) Copies Color $000 Copies Large Format $000 $000 PAY THIS AMOUNT $18,814 50 (E) 7777 'DETAIL OF BASIC SERVICES FEE SUMMARY Construction Cost (C) $8.034,839 00 Design Fee Percentage 700% Estimated Design Fee $562,43873 CONTRAC T SUMMARY COMPLET E TO DATE _ PHASE % FEE/PHASE S EARNED Schematic Design 15% $84,36581 100% 584.365 81 Design Development 20% $112.487 75 100% $112.487 75 Construction Documents (D) 40% $224,97549 1000/ $224.97549 Bidding 5% $28.12194 100% $28121 94 Construction Phase (F) 20% $112.487 75 0% S000 TOTALS 100% $562,438 73 80% $449.950 98 FOOTNOTES (A) Total pad to date on basic contract $401.132.62 (B) Total pad to date on reimbursable and additional services $21.538 63 (C) Based on actual bids received 4/30/09, including the salt shed and security electrical alternate (D) Construction Documents dated 03125/09. (E) The previous Bink invoice dated 04106/09 for $41,050.33 as of this billing date has not been paid. (F) For the remaining Construction Phase Services, the initial $40,000 retainer amount will be credited against the remainng fees. 1 i ' I r OF , .r i• HARTECH ENGINEERING & CONSULTING, Plaintiff v. BINK ARCHITECTURAL PARTNERSHIP, a fictitious name of BINK PARTNERSHIP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 09-3057 PLAINTIFF'S INTERROGATORIES PROPOUNDED TO GARNISHEE IN AID OF EXECUTION PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE N0.3117 TO: Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the Defendant any money or were liable to the Defendant for any reason? , / ANSWER: ~ ~- ~2. ~ ~ n~ ~ ~~ ~ ~-o'^i^ S ti , P vt1 ~. S s ~-r~t~~~ ~t/~2 D >'? ~~ !il cl ct ~'L t u/d S ~1 O ~~ O ~/ ~~ Q /'l/ rti'i a v1 Z y s ~ ~ u ~ ~ `~G 7. E- Cl GC /1,~1/ 2~ ~{'J~"'7 • 7~S ~ Cl~/v/l e~1~ G-l 7 %O C ~~0 !~C rnv ~E~~~IO~ . "~~" 2. 1~ At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? If yes, please describe the property. ANSWER: /v o 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interest? ANSWER: f~D 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? ANSWER: ~ (~ 5. At any time before or after you were served did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so, what as the consideration therefor? ANSWER: ~ ~ 6. Any at any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the direction of the Defendant or otherwise discharge any claim of Defendant against you? If yes, please describe. ANSWER: ~ J 7. At any time before or after you were served did the Defendant have an account, loan, assignment or contract or funds with you, whether individually or with one or more persons? If so, state fully theDtype, kind, date, amount and account holder of the same. ANSWER: L/ z S . ! ~. y ~''" e /L ~ wa s• r" a ~ ~ ~ vL c ~ ,1 ~ r-G ~ w t ~. fl e/ ~~~. rt ~ ~ r -~ b ~ s tr~ ~ ~ Cl ~ a ~ `1 ~ ~~ S c-~ <<~~ ICJ.. ~~ ~. ~~ ~ ~x n ~ I C t `~l o c `~ ~ r' a ~ ~ ~c~ a H-- o ~r n. . ~ s rv-~ ~ c! Y~ , ;N ~ P Gl l G(. ~ ~ n 5 ~rp~p~ ~• ~ v, ~ `i u S)~C tJ t ~ / / z~ ~/ ~7. 7~ -" t w-W ~ n S . C©.tS~ruc1cv~ P~I.~tS~ cL/ f v'esa/~,~ : J 5't-rII P~n~l~hq Q~r~.y/~~ b~ ~u.dS~.p. 8. At any time before or after you were served, did you have a security interest in any property of Defendant or were you holding any document of title or other collateral of any kind as security for any loan or time purchase transaction between yourself and Defendant? If yes, please describe. ANSWER: /~ c7 Dated: ~ ~j/~j i By :22 ~ 654 Attorneys for Plaintiff P.o. BoX 88 Harrisburg, PA 17108 (717) 763-1121 . rn ~a~l ~ _~ - •:..:- Partnersh p May 5, 2009 Upper Allen Township Mr. Lou Fazekas, Township Manager r,,,;~,:ov~~.~c si rZl oq GiLACCOUNI ` 100 Gettysburg Pike P a cAo wv~ Mechanicsburg, PA 17055-5698 ~{ 6~- /1k v~h ~K J d ~ C- ~ I d//c~ c/p , ~O K BILLING FOR ARCHITECTURAL SERVICES (Per Agreement Dated Upper Allen Township Building ~ -- Project No.: 08004 jj ~ ~ '~ ~ MAY Progress billing per Agreement for Architectural Services rendered through to date. 1. BASIC SERVICES -See Summary Below' A. Total Fee Earned B. Total Fee Previously Paid C. Total Fee Previously Earned 8 Billed D Total This Invoice II. REIMBURSABLE EXPENSES III. ADDITIONAL SERVICES fV. TOTAL AMOUNT DUE UPON RECEIPT Copies: B/W Copies: Color Copies: Large Format MAY 2 0 2009 Invoice No.: 3103 ~_-- $449, $401,132.62 (A ) $431,136.48 $18,814.50 $0.00 (B) $0.00 $0.00 $0.00 PAY THIS AMOUNT $16,814.50 (E) 'DETAIL OF BASIC SERVICES FEE SUMMARY Construction Cost (C) $8,034,839.00 Design Fee Percentage 7.00% Estimated Design Fee $562,438 73 CONTRAC T SUMMARY COMPLETE TO DATE PHASE % FEE!PHASE % ~ EP.RNED , Schematic Design 15% $84,365.81 100% $84.365.81 Design Development 20% $112,487.75 100% $112,487 75 Construction Documents (D) 40% $224,975.49 100% $224,975.49 Bidding 5% $28,121.94 100% $28,121.94 Construction Phase (F) 20% $112,487.75 0% $0.00 TOTALS 100% $562,438.73 80% $449.950.98 FOOTNOTES (A) Total paid to date on basic contract: $401,132.62 (B) Total paid to date on reimbursable and additional services: $21,538.63 (C) Based on actual bids received 4!30109, including the salt shed and security electrical alternate. (D) Construction Documents dated 03125/09. (E) The previous Bink invoice dated 04/06/09 for $41,050.33 as of this billing date has not been paid. (F) For the remaining Construction Phase Services, the initial 540,000 retainer amount will be credited against the remainng fees. - -~. 1 ~ ,I ~ILE~--C'i~~ ~:E OF TNT p~~frs~~;~±,~T~F?Y 209 JUG. 22 P~ 3~ ~9 CJP~~f~. 4 ~~ .::~Ji~~Y ~~t ~d;~5~'L~ir-~,~J~