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HomeMy WebLinkAbout09-60914 ,/Anthony J. Nestico, Esquire, I.D. No. 58868 Megan C. Huff, Esquire, I.D. No. 84391 NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 fax TNestico@HersheyPALaw.com MHuff@HersheyPALaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC., Plaintiff, V. SHLOMO DOTAN a/k/a SAM DOTAN, individually and d/b/a UNITED REALTY and UNITED REALTY COMPANY, No. CA - 10041 `_ "; l-orlK. JURY TRIAL DEMANDED Defendants. : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 PROVID EYOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME A VAYA A LA SIGUIENTE OFICINA. ESTE OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 717-249-3166 Anthony J. Nestico, Esquire, I.D. No. 58868 Megan C. Huff, Esquire, I.D. No. 84391 NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 fax TNestico@HersheyPALaw.com MHuff@HersheyPALaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. SHLOMO DOTAN a/k/a SAM DOTAN, individually and d/b/a UNITED REALTY and UNITED REALTY COMPANY, Defendants. COMPLAINT . No. 07- 4691 -P -r"' JURY TRIAL DEMANDED NOW COMES, Plaintiff CEDG, Inc., by and through its undersigned attorneys, and complains of Defendants Sholomo Dotan, individually and d/b/a United Realty, and United Realty Company, as follows: 1. Plaintiff CEDG, Inc. is a Pennsylvania corporation having its registered office and CEDG, INC., principal place of business at 5000 Ritter Road, Suite 203, Mechanicsburg, Cumberland County, Pennsylvania 17055. 1 2. Upon information and belief, Defendant Sholomo Dotan ("Dotan") is an adult individual and resident of the Commonwealth of Pennsylvania, having an address of 909 27th Street, Altoona, Blair County, Pennsylvania 16601. 3. Upon information and belief, Defendant Dotan is also known as Sam Dotan. 4. Upon information and belief, Defendant Dotan does business as United Realty. 5. Upon information and belief, Defendant United Realty Company ("URC") is a purported Pennsylvania Company, having a principal place of business at 909 27th Street, Altoona, Blair County, Pennsylvania 16601. 6. Plaintiff engages in the business of, among other things, providing engineering services. 7. On or about August 25, 2005, Plaintiff and Defendant Dotan, purportedly on behalf of United Realty Co., agreed that Plaintiff would (i) review correspondence and documentation with respect to the Alewood Acres Phase 11, Antis Township project (the "Project"); (ii) address existing PADEP comments to the planning module submission; and (iii) prepare the NPDES permit application forms for submission to DEP, in consideration for payment for said services on an hourly time and expense basis. A true and correct copy of the August 25, 2009 agreement is attached hereto as "Exhibit A" and incorporated by reference. 8. On or about August 26, 2005, Plaintiff and Defendant Dotan agreed that Plaintiff would (i) prepare the NOI application for the Project; (ii) prepare necessary re-charge computations to complete the NOI application; (iii) prepare stone roof sump detail for inclusion in the Project; and (iv) coordinate NOI application preparation with the client, in exchange for payment for said services on an hourly time and expense basis. A true and correct copy of the August 26, 2009 agreement is attached hereto as "Exhibit B" and incorporated by reference. 2 9. With respect to all agreements referenced in this Complaint, Defendants agreed to pay to Plaintiff a service charge at the at the rate of 11/2 % per month, or the maximum amount authorized by law, whichever is less, on all accounts unpaid after 30 days from the date of the original invoice. See "Exhibit A" and "Exhibit B." 10. With respect to all agreements referenced in this Complaint, Defendants agreed to pay to Plaintiff "all attorney fees, collection fees, court costs and lien costs and other such expenditures incurred to satisfy any unpaid balance." See "Exhibit A" and "Exhibit B." 11. Plaintiff performed the specified engineering services in September 2005 through January 2006, all months inclusive. 12. Plaintiff invoiced Defendants a total of $13,055.29 for all agreements referenced in this Complaint. True and correct copies of Plaintiff's invoices are attached hereto as "Exhibit C" and incorporated by reference. 13. Despite receiving and accepting the engineering services rendered by Plaintiff, Defendants have failed to make payment on the invoices presented 14. To date, Defendants have failed and refused to pay Plaintiff for the charges incurred in connection with Plaintiff's engineering services. COUNTI BREACH OF CONTRACT PLAINTIFF v. DEFENDANT DOTAN (individually and d/b/a United Realty) 15. All of the preceding numbered paragraphs are incorporated by reference. 16. Plaintiff and Defendant Dotan entered into a contract on August 25, 2005, whereby Plaintiff would provide engineering services to Defendant Dotan in exchange for payment for said services on a time and materials basis. 3 17. Plaintiff performed its obligations pursuant to the terms and conditions of the August 25, 2005 contract by providing the specified engineering services to Defendant Dotan. 18. To date, Defendant Dotan has failed and refused to perform his obligations pursuant to the terms and conditions of the August 25, 2005 contract by failing and refusing to make timely payment for the engineering services rendered by Plaintiff. 19. As a direct and proximate result of Defendant Dotan's conduct, Plaintiff has suffered damages in the amount of $5,430.45 plus service fees, which will continue to accrue until the day of payment. 20. Additionally, Plaintiff has incurred attorneys' fees and court costs for which Defendant Dotan is liable under the August 25, 2005 contract. WHEREFORE, Plaintiff CEDG, Inc. respectfully requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant Sholomo Dotan, individually and d/b/a United Realty in an unliquidated amount, including, service charges and attorneys' fees, plus post judgment interest and costs of suit, which amount is expected to be within the applicable limits of arbitration, and award Plaintiff such other relief that the Court deems just. COUNT II BREACH OF CONTRACT PLAINTIFF v. DEFENDANT DOTAN (individually and d/b/a United Realty) 21. All of the preceding numbered paragraphs are incorporated herein by reference. 22. Plaintiff and Defendant Dotan entered into a contract on August 26, 2005, whereby Plaintiff would provide engineering services to Defendant Dotan in exchange for payment for said services on a time and materials basis. 23. Plaintiff performed its obligations pursuant to the terms and conditions of the August 26, 2005 contract by providing the specified engineering services to Defendant Dotan. 4 24. To date, Defendant Dotan has failed and refused to perform his obligations pursuant to the terms and conditions of the August 26, 2005 contract by failing and refusing to make timely payment for the engineering services rendered by Plaintiff. 25. As a direct and proximate result of Defendant Dotan's conduct, Plaintiff has suffered damages in the amount of $7,624.84 plus service fees, which will continue to accrue until the day of payment. 26. Additionally, Plaintiff has incurred attorneys' fees and court costs for which Defendant Dotan is liable under the August 26, 2005 contract. WHEREFORE, Plaintiff CEDG, Inc. respectfully requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant Sholomo Dotan, individually and d/b/a United Realty in an unliquidated amount, including, service charges and attorneys' fees, plus post judgment interest and costs of suit, which amount is expected to be within the applicable limits of arbitration, and award Plaintiff such other relief that the Court deems just. COUNT III UNJUST ENRICHMENT PLAINTIFF v. DEFENDANT DOTAN (individually and d/b/a United Realty) 27. All of the preceding numbered paragraphs are incorporated herein by reference. 28. Plaintiff provided engineering services to Defendant Dotan in anticipation of being compensated by Defendant Dotan for said engineering services. 29. Defendant Dotan benefited from the engineering services provided to him by Plaintiff. 30. To date, Defendant Dotan has failed and refused to make payment for Plaintiff's engineering services. 5 31. It would be unjust for Defendant Dotan to retain the value of the engineering services provided by Plaintiff without full and fair compensation to Plaintiff. WHEREFORE, Plaintiff CEDG, Inc. respectfully requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant Sholomo Dotan, individually and d/b/a United Realty in an unliquidated amount, including, service charges, plus post judgment interest and costs of suit, which amount is expected to be within the applicable limits of arbitration, and award Plaintiff such other relief that the Court deems just. COUNT IV VIOLATION OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT PLAINTIFF v. DEFENDANT DOTAN (individually and d/b/a United Realty) 32. All of the preceding numbered paragraphs are incorporated herein by reference. 33. Plaintiff was a contractor for Defendant Dotan as that term is defined under the Contractor and Subcontractor Payment Act, 73 P.S. §501 et. seq. (the "Act"), by providing engineering services to Defendant Dotan. 34. Defendant Dotan violated the Act by failing and refusing to make timely payment for Plaintiff's services as outlined in the August 25, 2005 and August 26, 2005 contracts and Plaintiff's invoices. 35. Due to Defendant Dotan's violation of the Act, Defendant Dotan is liable to Plaintiff for a penalty equal to one percent (M) per month of the amount wrongfully withheld from Plaintiff, which will continue to increase monthly until the balance is paid. 36. Furthermore, due to Defendant Dotan's violation of the Act, Defendant Dotan is liable to Plaintiff for additional interest at the rate of one (1%) percent per month on the outstanding balances, as well as Plaintiff's attorneys' fees and expenses. 6 WHEREFORE, Plaintiff CEDG, Inc. respectfully requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant Sholomo Dotan, individually and d/b/a United Realty in an unliquidated amount, including, service charges, penalties, and attorneys' fees, plus post judgment interest and costs of suit, which amount is expected to be within the applicable limits of arbitration, and award Plaintiff such other relief that the Court deems just. COUNT V BREACH OF CONTRACT PLAINTIFF v. DEFENDANT UNITED REALTY COMPANY 37. All of the preceding numbered paragraphs are incorporated herein by reference. 38. Plaintiff and Defendant URC entered into a contract on August 25, 2005, whereby Plaintiff would provide engineering services to Defendant URC in exchange for payment for said services on a time and materials basis. 39. Plaintiff performed its obligations pursuant to the terms and conditions of the August 25, 2005 contract by providing the specified engineering services to Defendant URC. 40. To date, Defendant URC has failed and refused to perform its obligations pursuant to the terms and conditions of the August 25, 2005 contract by failing and refusing to make timely payment for the engineering services rendered by Plaintiff. 41. As a direct and proximate result of Defendant URC's conduct, Plaintiff has suffered damages in the amount of $5,430.45 plus service fees, which will continue to accrue until the day of payment. 42. Additionally, Plaintiff has incurred attorneys' fees and court costs for which Defendant URC is liable under the August 25, 2005 contract. WHEREFORE, Plaintiff CEDG, Inc. respectfully requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant United Realty Company in an unliquidated 7 amount, including, service charges and attorneys' fees, plus post judgment interest and costs of suit, which amount is expected to be within the applicable limits of arbitration, and award Plaintiff such other relief that the Court deems just. COUNT VI BREACH OF CONTRACT PLAINTIFF v. DEFENDANT UNITED REALTY COMPANY 43. All of the preceding numbered paragraphs are incorporated herein by reference. 44. Plaintiff and Defendant URC entered into a contract on August 26, 2005, whereby Plaintiff would provide engineering services to Defendant URC in exchange for payment for said services on a time and materials basis. 45. Plaintiff performed its obligations pursuant to the terms and conditions of the August 26, 2005 contract by providing the specified engineering services to Defendant URC. 46. To date, Defendant URC has failed and refused to perform its obligations pursuant to the terms and conditions of the August 26, 2005 contract by failing and refusing to make timely payment for the engineering services rendered by Plaintiff. 47. As a direct and proximate result of Defendant URC's conduct, Plaintiff has suffered damages in the amount of $7,624.84 plus service fees, which will continue to accrue until the day of payment. 48. Additionally, Plaintiff has incurred attorneys' fees and court costs for which Defendant URC is liable under the August 25, 2005 contract. WHEREFORE, Plaintiff CEDG, Inc. respectfully requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant United Realty Company in an unliquidated amount, including, service charges and attorneys' fees, plus post judgment interest and costs of 8 suit, which amount is expected to be within the applicable limits of arbitration, and award Plaintiff such other relief that the Court deems just. COUNT VII UNJUST ENRICHMENT PLAINTIFF v. DEFENDANT UNITED REALTY COMPANY 49. All of the preceding numbered paragraphs are incorporated herein by reference. 50. Plaintiff provided engineering services to Defendant URC in anticipation of being compensated by Defendant URC for said engineering services. 51. Defendant URC benefited from the engineering services provided to it by Plaintiff. 52. To date, Defendant URC has failed and refused to make payment for Plaintiff's engineering services. 53. It would be unjust for Defendant URC to retain the value of the engineering services provided by Plaintiff without full and fair compensation to Plaintiff. WHEREFORE, Plaintiff CEDG, Inc. respectfully requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant United Realty Company in an unliquidated amount, including, service charges, plus post judgment interest and costs of suit, which amount is expected to be within the applicable limits of arbitration, and award Plaintiff such other relief that the Court deems just. COUNT VII VIOLATION OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT PLAINTIFF v. DEFENDANT UNITED REALTY COMPANY 54. All of the preceding numbered paragraphs are incorporated herein by reference. 9 55. Plaintiff was a contractor for Defendant URC as that term is defined under the Contractor and Subcontractor Payment Act, 73 P.S. §501 et. seq. (the "Act"), by providing engineering services to Defendant URC. 56. Defendant URC violated the Act by failing and refusing to make timely payment for Plaintiff's services as outlined in the August 25, 2005 and August 26, 2005 contracts and Plaintiff's invoices. 57. Due to Defendant URC's violation of the Act, Defendant URC is liable to Plaintiff for a penalty equal to one percent (1%) per month of the amount wrongfully withheld from Plaintiff, which will continue to increase monthly until the balance is paid. 58. Furthermore, due to Defendant URC's violation of the Act, Defendant URC is liable to Plaintiff for additional interest at the rate of one (1%) percent per month on the outstanding balances, as well as Plaintiff's attorneys' fees and expenses. WHEREFORE, Plaintiff CEDG, Inc. respectfully requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant United Realty Company in an unliquidated amount, including, service charges, penalties, and attorneys' fees, plus post judgment interest and costs of suit, which amount is expected to be within the applicable limits of arbitration, and award Plaintiff such other relief that the Court deems just. Respectfully Submitted, Date: I- L- o,-i NESTICO, DRUBY H RAND, L.L.P. By: Anthony J. estico, Esquire, I.D. No. 58868 Megan C. Huff, Esquire, I.D. No. 84391 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff 10 Attb, 25 05 01: 28p 5. ()tan 814, 843-5222 p.2 AUG±23-05 TUE 05:17 Pii CEDG FAX NO. 71A,_,-8055 P. 02 - CEDG Aagitst 23, 2005 mr. Sam Dotan Llaited fealty Co. 1'.0. lox 1780 Altoona, PA 16603 Re: Agrc Vnent for Pro ressional Services Alewood Acres Phase 11 NPDES Permitting" CEDG Igo.: 05P203M - ? Dear Mr. Dotwi: CL:DG, Inc. is pleascd to submit the following Agr=nenl for Professional Sorvicos for the above rcferenecd project. SCOPE, OF WORK CEDE will review carrespoadc= and documentation, as prepared mid delivered by • others, pcrtaininsg to work prcviously performed for obtaining approvals tram PADEP for planning modnics for.Atcwoad Acres Phase 11. • Based on review of documentation, CEDG will address existing PADEP comments to planning module subilxission, as best possi[Ae using inl'on'natiori provided by falters for work previously performed. q CCL)G will proparo the WDES pCrmit application Corms provided by client, basal on tlic infonnation provided to C8DG,1or submissiota to DEP. At this point it is not determined whether all of the infonnation needed is available nor the titmfrantes that may be involved in obtaining rctluired in1'ormition. C'EL)(;, Int. +5000 Ruler Road. Suite 20,1 • Nfcchatiirsbuz•?. l'.1 170.55 ¦Tel: 717.691.8050 • Fax, 717.69 l.tit Rug 25 05 01:28p 5. Stan 814f .9 3-5222 p.3 AUG-23-05 TUE 05:17 PM CEDG FAX NO, 717,,...8055 P. 03 Mr. Sarre Dutan United Realty Co. August 23, 2005 Pagc2ofS The above Seope of Work will lac peKormcd on an hourly ti mo and expense basis in accordance With the attached rec schedule. Reimbursable expenses including all permit application and/or rewicw fees will be charged in accordance with the attached General-Provisions. Work will begirt upon receipt Of sigWdOry authoriz-,tion. This Agmement May be executed by providing signatory authorization in tlic space providW Below, Iryou have any questions, feel Crce to contact rnc: iN wrrNEsS WHEREAT', the Parties, by the undersigned duly authorized officers, have duly oxeoutcd this Agrcement as of tic date indicated Wow. CEDG, Inc. J.? zcs S. Brtdge$ V ce Presidcni Approved by: Unkd Re-illy Co. Sam l?ot:+sl Title r ?, ?S -;---- - Date bate Attachment: Gwonit Provisions of `nginccr's Lcitcr Agreement Ind I-cc Schedule Can( 7 Provisions of Engineer's better A ' nment ARTICLE Q.. GENERAL ' These General Provisions are incorporated as an integral part of the letter-type agreement to which they are attached between CEDG, Ina, a Mechanicsburg, Pennsylvania corporation, herein referred to as CEDG, and the CLIENT of the Project addressed in such letter-type agreement, wherein the CLIENT engages CEDG to provide certain ongitreering, planning and/or surveying servfcos'on a Project, As used herein, the term `[his Agreement rofars to (1) the CEO$ Proposal Le(erwhich becomes the LefterAgreement upon ilswrilten acceptance by he CLIENT, (2) tt:ese, General Provisions and (3) any attached Exhibits, as if they worn part of one and the same document. In event that -these provisions conflict with the proposal Ikittarorexhibits, the proposal letter and its exhibits shall govern. ARTICI.E2. FERiODOFSERVICE Ille term of this Agreement for the perfamiarice of services hereunder shall be set forth in the Leiter Agreement. In this, regard, any lump sum or estimated maximum Poymonl amounts set forth in the Leiter Agreement have been established in anticipation of an orderly and continuous progress of the Project in accordance with any schedule set forth in tiha Letter Agreement or any exhibits attached thereto. Unless the schedule is a regirimment of the Agreement, the work shall process in a timely minnZras determined by CEDG. ARTICLE 3, COMPENSATION TO CEDG A. Compensation to CEDG forprofessional services described in [his Agreement shall be on a Lump Sum basis and/or an Hourly Rate Basis as designated in the LeDr Agreement and as heroinafter desc abed. 1. A Lump Sum method of payment for CEDG's services shall apply to all parts of a work Scope where CEDG's tasks can be readily defined and/orwhere the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. The CLIENT shall make monthly payments to CEDG witiiin 30 days of date of invoice based on an estimated percentage of completion of CEDG's services. 2. An Hourly Rate method of payment for CED.G's services shag apply to all or parts of a wed( scope where CEDG's tasks cannot be readily defined and/or where pie level of effort required to accomplish such (asks cannot he estimated with any reasonable degree of accuracy. Under an hourly method of payment, CEDG shag be paid for time actual hours worked on. the Project by CEDG's technical pemonncl limes an hourly billing rate established for each employee. Hourly billing rates sliall include coriipensation for all salary cosh, payroll burden, general and administrative overhead and professional fee. A rate schedule shaft be fumished by CEDG to CLIENT upon reribesL The CLIENT shrill make monthly payments to GEOQ within 30 days of date of invoice based on the amount of work completed. 8. In addition to the fonxgloing., CEDG shall be reimbursed at cost plus 20% for The following expenses when incurred In the performance of the work A) Travel and subsislenco. b). Outside professional and technical services and agency fees. c) Identifiable reproduction, repoc3raphtc anQ delivory costs: The CLIENT shall make monthly payments to CEDG within 30 days of dale of invoice for services provided and expenses incurred to data, accompanied by supporting evfdonce as required and slated in the Letter Agreement. C. The CLIENT will pay the balance stated on all invoices unless CLIENT notifies CEDG In writing of the particular item that is alleged to be inoorrecL within 15 ?-- days from the dole of the invoice, In which case, only Vie, dispuled item will remain undue until resolved by the parties. All accounts unpaid after 30 days from Ihd dale of original invoice Shan be subject to a seance charge of 142% per month, or the inaximum amount authorized by law, whichever is less. In addition, CEDG may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until CEDG has been paid in full for'all amounts then due forservicos, expenses and charges. The Client additionally agrees to pay all attorney fees, collection fees, court and lien costs and other such expenditures Incurred to satisfy any unpaid balance. ARTICLE 4. GOVERNMENT APPROVAL CEtOG shall provide services defned herein based on education, training, experien4e, and judgment as a design professional faminarwith the Indrrslry. Since CEDG has no control over govenianent agencies responsible for review and approval of designs, CEDG cannot and does not guarantee government approval. CEDG shag not be liable to damages reselling from the actions or inactions of government agencies, and CEDG shall only act as an advisor in all goWmmentai rebrions. CLIENT agrees that payment of professional fees Is not contingent upon approvals by a governmental body or agency. ARTICLES, EXTRA WORK If CEDG 4 of, the opinion that any work Ibey have been directed to periotril is beyond the Scope or this Agreement, of that lie level of effort required significantly exceeds that estimated due to dmanged conditions and thareby constitutes extra work they shall promptly notify the CLIENT of that fact Extra work, additional compem -alion for same, and extension of time for completion silat1 be covered by a Supplemental Agreement entered into by both panties prior to pmcoedrng with any extra work or related expordiorres. In lie event of unresolved dispute over change in scope or changed conditions, this Agreement -nay ho terminated upon 7 days written notice as provided lti Article 6. 'AR`TICLE 9. ARANDONNTENT, CHANGE+L,- PLAN AND TERMINATION Either Ptirly has Vie fight to lerminate this Agreement upon 7 days written notice for failure to perform in accordance with the Lotier-Agreernent. In addition, the CLIENT may at any time, reduce the scope of lhis Agreement. Such reduction in scope shall beset forth in a written notice from the CLIENT to CEDG. In the event of reduction in scope of the Project work, CEDG shall be paid for the work performed and expenses incurred on the project work thus reduced and for all completed and abandoned work, for whirl payment has not been Made, computed in accordance with the provisions of ArGde 3 and the LetterAgtocmont In the event of tr:rrainalion and payment by the CLIENT of amounts due for work performed and expenses incurred to the date and tlme of termination, computed in accordance with the provisions of Article 3 and the Letter Agreement. all documents, finished or unfinished, prepared by CEDG under this Agreement shall be made avarTahle by CI E00 to the CLIENT and there shall be no further obligation of the CLIENT to CEDG under this Agreement. WrICLE7. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work and upon payment of all invoices, CEDO shall make available to the CLIENT copies of all maps, tracings, reports, resource materals and other documents pertaining to the work or to the Project All such documents are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of the Project or any other project. Any cause without verification or adaptation by CEDG for the specific. purpose intended will he at CLIENT's sole risk and without liability orlerdal exposure to CEDG. In this regard, the CLIENT will indemnify and hold harmless CEDG from any and all suits or claims of third parties arising out or such reuse, including legal expenses, which is not spekxrically verified, adapted or authorized by CEDG. ARTICLE S. CLIENT'S RESPONSIBILITIES A. To permit CEDG to perform the services required hereunder, the CLIENT shall provide, in proper time and sequence, the following at no expense to CEDG. 1. All nocessmy inronnallon regarding CLIENT requirements as necessary for orderly progress of work. 2. Designate in writing, one person to act as CLIENT's represenlallve with respect to the services to be rendered under this Agreement. Such person shall have authority 16 transmit instructions, receive instructions, receive information, interptoland define CLIENTSs policies with respect to CEDG's services. 3. Fumish, as required for porfomianco with respect to. GEDG's services (except to the extent as provided otherwise in the Letter Agreement or any Exhibils attached hereto), data prepared by or services of others, including without Ilmilalion, core borings, prpbirrgs and subsurface explorations;, laboratory tests and inspections of samples; appropiatc profsssional Inlerprelations of all of the foregoing; environmental assessment and impact stalemenu; property, boundary, easement, rightof-way, topographic and utility surveys; property descrtptions; zoning, deed and other land use restrictions,,.and other special data not covered In the. Letter Agreement or any Exhibits attached hereto. 4. Provide access to, and make all previsions for CEDG to enter upon publicly or privately owned property as required to perform the work, 5. Act as liaison with other agencies or involved parties td Garry out necessary coordination and negotiations; furnish approvals and permits from all govemmental authorities having jurfsdiclion over the Prefect and such approvals add consents from others as may be necessary for completion of ft Project. . Examine all reports, sketches, drawings, specifications and other documents prepared aitd presented by CEDG, bblain' advice of an attorney, insurance counselor or ethers as CLIENT deems necessary for such examination and render, in writing, decisions pertaining thereto within a reasonable lima so as not to delay the services of CEDG, 7. Give prompt written notice to CEDG whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing or CEDG's scrvi= or any defect in the work of Construction Contractor(s), Consultants or CEDG. a. Initiate actions, whero appropriate, to IdenUfy, remove and/or encapsulate asbestos products or materials or other such Nmirdous materials located in the Project area prior to accomplishment of any work contemplated under the Project 9. Provide such accounting, independent cost estimating and insurance counseling services as may he required for the Project, such legal services as CLIENT may require or CEDG may reasonably request with regard to legal issues perlaininrg to the Project including any that may be raised by Contraclor(s), such auditing services as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CLIENT cosy require to ascertain that Ccnlraclor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work 10. Provide'rocord' drawings and specifications for ail existing physical plants or lecifrtfes which are pertinent to the Project 11. Provide other services, materials, oe data ps maybe set forth in the LetterAgrcement or any Exhibits atloched hereto, B. CEDG shelf be entitled to rely on the accuracy and compleleness of information fumished by the CLIENT. If CEDG finds that any Infonnalion furnished by the CLIENT fs in error or is inadequate for its purpose, CEDG shall promptly notify the CLIENT. ARTICLE 9, OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasiblity studies, economic analyses of alternate solutions and utilitarian considerations of oper-kitlona and maintenance costs provided for in the Letter Agreement of any E*iblls attached hereto, are made on the basis or CEDO's experience and qualifications and mproscrits CEDG's judgment as an experienced and qualified design professional, It Is recognized, however, that CEDG does not have control over the cost of labor, material, equipment or services furnished by o0iers or over market conditions or contractor,' methods of determining 4reir prices, and that any evaluation of any consbuction work to be performed on the basis of CEDG's cost opinions, must of necessity. be speculative until completion of conslruclon or acquisition, Accordingly. CEDG does not guarantee that proposals, bids or aciual costs will not substantially vary from opinions, evaluations or studies submitted by CEDG to CLIENT hereunder. • A TiCLE 10. CONSTRUCTION PHASE"' ICES CLIENT acknowiedges that if is customary (of the architect or enginoor'who is responsible for the preparation and fumishhg of Drawings and Specifications and other constuction-related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project (1) to interpret and clarify the documentation so furnished and to modify the sane as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptarmco of subs6lule or equal Hems of materials and equipment proposed by bidder; and Contractor(s), (3) in connection wilh approval of shop drawings and sample submittals, and (4) as a result of and in response to CEDG's detecting in advance of performance of affected work inconsistencies or Irregularities in such documentation. CLIENT agrees that if CEDG Is not employed to provide such professional services during lhs Bidding (if the work is put out forbids) and the Construction Phases of the Project; (1) CEDG will not be responsible for, and CLIENT shall indemniry and hold CEDG (and CEDTS professional associates and consultants) harmies3 from an cfafrns, damages, losses and expenses Including attorneys' fees arising out or, or resulting from, any interpretation. clarification, substitution acceptance, shop drawling or sample approvalor modification of such documentation issued or carried out by CLIENT or others and (2) the CLIENT assume all responsibility for interpretation of the contract documents and for construction observation. Nothing contained in this paragraph shall be construed to release CEDG (or CEDG's professional associates or consultants) From liability for failure to perform in accordance with professional standards any duty or responsibility which CEDG has Undertaken or assumed underthis Agreement Neither fire professional activities of CEDG, nor the presence of CEDG or its employees and sub consultants at a construction site, shall relieve the General Contractor of its obfigations, duties and responsibilities including, but not Milled to, consfriretion means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Welk in accordance with the contract documents and health or safety prepautions required by regulatory agencies. CEDG and !Ls personnel have no authority to exercise control over construction contractor or Its employees in connection with their work or health or safety program or procedures. The Client agrees that the Gcnoral Contradur shall be solely responsible for jobsile safely, and warrants that this intent shall be carried out In ilia Clienrs contractwith the General Conlmr for. The Client also agrees that the Client, CEDG and CEDG's sub consultants shall be indemnified by the General Contractor and shall be made additional insureds underthe General Cohl adoes policies of general liability insurance. ARTICLE 11. ERRORS AND OMISSIONS in providing services under this Agreement, CEDG will endeavor to perform in a manner consistent with the degree of care and skill ordinarily exercised by members of Oie same profession currently practicing under similar circumstances. If, after the construction has begun, an error or omission is discovered and the item can still be provided In the sequence of construction without premium cost to (ho CLIENT, the CLIENT agrees to pay for this item as if it had been inckided in the original construction documents. If this error or omission is discovered out of sequence witlm the construction Gmclable, then CEDG will pay for the premium cost to have this item[ corrected or included, with [lie CLIENT paying for the item's basic cost as if it had been included in the original documents. If the premium cost falls below 2% of the dpfumr• d eonstructfon cost, than the entire premium cost shall be the responsibility of the CLIENT. This premium cost concept For errors and emissions is not applicable if the CLIENT chooses not to employee CEDG during construction phase services per Article 10 above. To the maximum extent perrnffted by law, Ome CLIENT agrees to lim(t CEDG's liability for (he CLIENT damages to 1ho sum of 550,000 or CEDG's roe, whichever is greater. This [Imitation shall apply regardless of Ore cause of actrnn nr regal theory pled or asserted. ARTICLE 12, INSURANCE CEDG rmaintains insurance coverage Including Workrnans' Compensation Insurance, Employer's Liability Insurance, Commercial General Liability Insurance, Automobile Liability Intiprance and Professional Errors and Omission (E&0) Insurance. CEDG agrees to attempt to maintain Professional (E&0) liability coverage for the period of design and construction of (he Project, and for a period of three (3) years following substantial completion, if such coverage is reasonably available at commercially afronluble premiums. Certificates of Insurance will be fumished upon request ARTICLE 13. DISPUTE RE-SOLU110NIMEDIATIONIL ITIGATiON In an effort to resolve conflicts that arise during the design and construction of the Project or following the completion of the Project, (he Client and CEDG agree Umat all dl?putas arising out of or relating to this Agreement or rho Project shall be first submitted to non-binding mediation unless the parties mutually woo otherwise. In the event of ifligallon arising from or related to this Agreement or (Ire services pFovfded under (his Agreement, the prevaling party shall be entitled to recover from the non•prevaling party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such [Itigation, ARTICLE 14. INDEMNIFICATION In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indomnify and hold harmless CEDG, its officers, directors, employee., and stub consultants (colleclively, CEDG) against all damages, [IabTGes or costs including reasonable attorneys' foss and defense costs, arising out of or In any way connected with this Project or the performance by the parties above named for the service under this Agreement, excepting only those damages, fabilities or costs attributable to the negligent acts or negligen(failuro to act by CEDG. ARTICLE 15. ASSIGNMENT This Agreement, being intended to secure the personal service of the Individuals employed by and through whom CEDG performs work hereunder, shall not be assigned, sublet or bdnsferred without ilia wiiat-rl consent of the CLIENT and CEDG, ARTICLE 16. CONTROLLING LAW This agreement Is to be governed by lho laws of Ole State of Pennsylvania nuisAug.•29, 2005: 1:10PM sf, atan August 24 2005 Mr. Shlomo Dota a .P. 0. Box 1780. Altoona, PA 161603 814C ,43_52No, 0175 P. 2 P. ?- 3 CEDG Re: PrmposaI for Permit Application Ptoparation Alewood Acres Phmc II Angst Township, Blair County, FAA Proposal No.: OSP203M.01 -k??a Dew Sarre: In rm spon w to your request for proposal for the aix>vc-rcferenccd project, CEDC, Inc. (CrMar) is pleased to submit this propnstrl to your office for chginccring services to propwo the Notice al' intent (NOO for coverage under the 1general NP17HS pen-n it. SCOPE OF WORK 1. Application Preparation A. Prepare the NOI application for the project known as Alewoocl Acres Phase It. B. Prepare nec:0;s`smy re-chfirge computations to Complete [be NOI'application. C- Prepare Stone, Roof Sump Detail for inclusion on Alewood Acres Phase 11 Plans. D- Coordinate lNo i application preparation with ('lie.nt. CQMPENSATU)?N CF-DG will perfotrn the above stated scrviccs on a Time and Materials basis, The above noted scrviccs shall ba provided in accordance with tho attached Terms and Cnnditioms. CRI)C assum that the Client will coordinate with and provide the Blair County Conservation District with the necessary plans and namtivcs. CEMG will begin work, on this project b&WA on your written authorization to proceed. Please sign in the space provided at the end of this proposal and Mum otte copy of the signed contract with an original signatura, r:b0n4burgOffic.c: 7.M R(mvti ;x I)r«•t•,:tiiu1r 1011-E t7e?nslmsr?, l?:1 :tic);! N f'c1 rtitc ()l7iec: li0t(i ftr0irr Its>:tcl, n:l?? .y0); • 1?4r:ls:i0ik' l»irt!. l':1 E /Q -1 - Tol; 7t 7.hcJ l.?+CtS(!' -1,t?: F.-I ?ughg. 29. 2005:1 1:11 PM Mr, Shlomo Dow Aukust 24, 2005 Page 2 of S 5 t: .at?}ry 8140 J43_52No. 0175 P. 3 p. a CEDC appreciates your comiderdtion of our firm and looks forward to working with you on WS projewa, rf you have any questions or requim WdltionW informaion,, pleasc day not hesitame to contact us. Very trEdy yours, CEDG,Inc. Todd N. S1agm P.E. Fresidcnt I David W. Pikc Sentor Pmjcc't Mamger Approved by: Ssgn-at? Titlc Date Cenr Y Provisioiis of Engineer's Letter Ar ement ARTICLE 1. GFN5RAL These General Provisions am incorporated as an integral part or the loiter-type agmement to which they are attached between CEDG, Inc., a Mechanicsburg, Pennsylvania corporation, herein roferred to as CEDG, and the CLIENT of the Project addressed In such lefter-type agreement, wherein the CLIENT engages CEDG to provide certain ongiijeering, planning and/or surveying servicos'on a Project. Aa used herein, the lerin 'this Aggreemene rofers to (1) the CEDG Proposal Leherwhich becomos Une Letter Agreement upon its-written acceptance by the CLIENT, (2) these General Provisions and (3) any attached Exhibits, as K they were part of one and the same document. In event that ihese provisions conflict with the proposal letler orexhibils, the proposal fetterand its exhibits shall govern. ARTICLE 2. PERIOD OF SERVICE Ilia term of this Agreement for the perfamiance of services hereunder shall be set forth in the Letter Agreement. In this regard, any lump sum or estimated maximum paymool amounts set forth in the Letter Agreement have been established in anticipation of an orderly and continuous progress of the Project in accordance with any schedule set forth In the Leifer Agreement or any exhibits attached thereto. Unless the schedule is a requirement of the Agreement, the work shall process in a timely mlrirner as determined by CEDG. ARTICLE 3. COMPENSATION TO CEDG A. Compensation to CEDG for professional services described in this Agreement shalt be on a Lump Sum basis and/or an Hourly Rato Basis as designated in the Letter Agreement and as heroinaflerdescribed. 1. A Lump Sum method of payment for CEDG's services shall apply to ail parts of a work slope where CEDG's tasks can be readily defined and/or where the level of effort required to accomplish such (asks can be estimated with a reasonable degree of accuracy. The CLIENT shall make monthly payments to CEDG within 30 days of dale of invoice based on an estimated percentage of completion of CEDG's services. 2. An Hourly Rate melinod of payment for CED.G's services shall apply to all or parts of a work scope where CEOG's tasks cannot be readily defined and/or where Ilia level or effort required to accomplish such tasks cannot he estimated With any reasonable degree of accuracy. Under an hourly method of payment, CEDG sholl be paid for the actual hours worked on tho Projncl by CEDG's technical person-( limes an hourly billing rate established for each employee, Hourly billing rates shall include compensation for all salary costs, payroll burden, genemi and administrative overhead and professional fee. A rate schedule shag be furnished by CEDG to CLIENT upon request. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice based on Me amount of work completed. B. In addition to the foregoing, CEDG shall be reimbursed at cost plus 20% for the following expenses when incurred in the performance of the work A) Travel and subsistenc,% b). Outside professional and technical services and agency fees. c) Idonlbabfa reproduction, reprographic, and delivery cosD; the CLIENT shall make monthly, payments to CEDG within 30 days of dale of invoice for services provided and expenses incurred to date, accompanied by supporting evidence no required and slated in the Letter Agreement. C. The CLIENT will pay the balance stated on all invoices unless CLIENT notifies CEDG in writing of the particular item that is alleged In be incorrect, wilhin 15 days from the dale of the invoice, in which case, only lire disputed item will remain undue until resolved by the parties. All accounts unpaid after 30 days from thin dale of original invoice shall be subject to a service charge of 142% per month, or the maximum amount authorized by law, whichever is less. In addition, CEDG may, after giving 7 days written notice to the CLIENT, suspend services under this Agroement until CEDG has been paid in full for all amounts then due for services, expenses and charges. The Client addiltnnally agrees to pay all atlomoy fees, collection fees, court and lien crisis and other such expenditures incurred to satisfy any unpaid balance. ARTICLE 4. GOVERNMENT APPROVAL CEDG Shall provide services defined herein based on education, training, experience, and judgment as a design professional famifiarwith the Industry. Since CEDG has no control over govFnirnent agencies responsible for review and approval of designs, CEDG cannot and does not guarantee government approval. CEDG shall not be liable fUr damages resulting from the anions or inactions of government agencies, and CEDG shall only act as an advisor in all gobemmenlal relations. CLIENT agrees that payment of professional fees u not contingent upon approvafs by a govemmental body or agency. ARTICLES. EXTRA WORK If CEDG is of the opinion that any work they have been directed to porfo'rm is beyond the Scope of this Agreement, or that Una level of effort required significantly exceeds that estimated due to changed conditions and lh0reby constitutes extra work; they shall promptly notify the CLIENT of that fact Extra work, additional compensation for same, and uxlension of time for complelon shall be covered by a Supplemental Agreement entered 'into by both parties prior to procoeding with any extra work or related expenditures. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may bo terminated upon 7 days written notice as provided In Aitfcle6. 'AFfrICLE 6. ABANDONMENT, CHANGE'u,- PLAN AND TERMINATIC N Either Paily has the right to terminate this Agreement upon 7 days written notice for failure to perform in accordance with the Lotter Agreement. In addition, the CLIENT may at any time, reduce the scope of this Agreement. Such reduction in scope shall beset forth in a written notice from the CLIENT to CEDG. In the event of reduction In scope of the Project work, CEDG shall be paid for the work performed and expenses incurred on the project work Ihus reduced and for all completed and abandoned work, for whidl payment has not been made, computed in accordance with the provisions ofArgcle 3 and the LetterAgrooment In the event of termination and payment by the CLIENT of amounts due for work performed and expenses incurred to tho data and time of termination, computed in accordance wlh the provisions of Article 3 and the Letter Agreement, all documents, finished or unfinished, prepared by CEDG under this Agreement shall be made available by CE00 to the CLIENT and there shalt be no further obfigalion of the CLIENT to CEDG under this Agreement. AR7rICLE7. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work and upon payment of all invoices, CEDG shall make available to the CLIENT copies of all maps, tracings, reports, resource materials and other documents pertaining to the work or to the Project All such documents are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of the Project or any other project Any reuse without ven'lication or adaptation by CEDG for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to CEDG. In this regard, the CLIENT will indemnify and hold harmless CEDG from any and all sufls or claims of third parties arising out or such reuse, including legal expenses, which is not specifically verified, adapted or authorized by CEDG. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit CEDG to perform the services required hereunder, the CLIENT shall provide, in proper time and sequence, the fallowing at no expense to CEDG. 1. All necessary Infonmmallon regarding CLIENT requirements as necessary for orderly progress of work. 2. Designate in writing, one person to act as CLIENTS representative with respect to the services to be rendered under this Agreement. Such parson shall have authority to transmit Instructions, receive instructions, receive information, interpret and define CLIENT's policies with respect to CEDG's services. 3, Furnish, as required for performance with respect to CEDG's services (except to the extent as provided otherwise in the Lector Agreement or any Exhibits attached hereto), data prepared by or services of others. including without limitation, core borings, probings and subsurface explorations; laboratory tests and inspections of samples; appropriato professional Interprelmions of all of the foregoing; environmental assessment and Impact statements; property, boundary, easement, right of way, topographic and utility surveys; property descriptions; zoning, deed and other land use restrictions; and other special data not covered In the Leller Agreement or any Exhibits attached hereto, 4. Provide access to, and make all provisions for CEDG to enter upon publicly or privately owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiatiions; furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 6.: Examine all reports; sketches, drawings, epecificaltons and other documents prepared and presented by CEDG, obtain advice of an attorney, insurance counselor or curers as CLIENT deems necessary for such examination and render, in writing, decisions pertaining thereto within a reasonable lime so as not to delay the services of CEDG. 7. Give prompt written notico to CEDG whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing or CEDG's services or arty defect in the work of Construction Con1mctor(s), Consultants or CEDG. 8, Initiate actions, where appropriate, to Identify, remove and/or encapsulate asbeslos products or materials or other such hazardous materials located in the Project area prior to accomplishment of any work contemplated under the Project. 9. Provide such accounting, Independent cost esttmalrng and insurance counseling services as maybe required for the Project, such legal services as CLIENT may rerlulrfl or CEDG may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing services as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such Inspecilon services as CLIENT may require to ascertain that Conh'aclor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work 10. Provide'rocord".drawings and speciflualtons for all existing physical plants or facilities which are pertinent to the Project 11. Provide other services, materials, or data as may be set forth in the Letter Agreement or any Exhibits allached hereto, S. CEDG shall be entitled to rely on the accuracy and compleleness 4f information fumished by the CLIENT. If CEDG finds that any Inforunalion ftrmished by the CLIENT fs in error or Is inadequate for its purpose, CEDG shall promptly notily the CLIENT. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, foasiblity studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for in the Letter Agreement of any Exhibits attached hereto, are made on the basis of CEDG's experience and qualfficafions and represents CEDG's judgment as an experienced and qualified design professional, It Is recognized, however, that CEDG does not have control over Vie cost of labor, malerial, equipment or services fumished by oU,ers or over market conditions or contraclors' methods of determining their prices, and that any evaluation of any consttuclion work to be performed on the basis of CEDG's cost opinions, mast of necessity, be speculative until completion of construction or acquisition. Accordingly. CEDG does not guarantee lhal prop=ls, bids or aclual costs will not substantially vary from opinions, evaluations or studies submitted by CEDG to CLIENT hereunder. ARTICLE 10, CONSTRUCTION PHASE ICES CLIENT acknowiedges that it is customary for the architect or enginoor who Is responsible for the preparation and furnishing of Drawings and Specifications and other construction-telated documents to be employed to provide professional services during the Bidding and Construction Phases of the Project (1) to interpret and clarify the documentation so fornished and to modify the same as circumstances revealed during bidding and construction may diclate, (2) in connection with =Oplanca of substilute or equal items of nhalerials and equipment proposed by bldders and Con1mclor(s), (3) in connection with approval or shop drawings and sample submittals, and (4) as a result of and in response to CEDG's detecting in advance of perFormance of affected work inconsistencies or Irregularities in such documentation. CLIENT agrees that if CEDG is not employed to provide such professional services during the Bidding (if the work is put out forbids) and the Construction Phases of the Project, (1) CEDG will not be responsible for, and CLIENT shall indemnify and hold CEDG (and CEDG's professional associates and consultants) harmless from an claims, damages, losses and expenses including attomeys'fees arising outof, orresuldng from, any interpretation, clari icafion, substitution acceptance, shop drawing or sample approval or modification of such documenlation issued or carried out by CLIENT or others and (2) the CLIENT assume all responsibility fortnlerpretallon of the contract documents and for construction observation. Nothing contained in this paragraph shall be construed to reloase CEDG (or CEDG's professional associates or consultants) from liability for failure to perform in accordance will) professional standards any duty or responsibility which CEDG has undertaken or assumed under this Agreement Neither the professional aclivilies of CEDG, norlho presence of CEDG or its employees and sub consultants at a construction site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and health or safety precautions required by regulatory agencies, CEDG and its personnel have no authority lo exercise control over construction contractor or Its employees in connection with their work or health or safety program or procedures, The Client agrees that the General Contractor shall be solely responsible for Jobsile safety, and warrants that this intent shall be carried out In the Clienrs contract with the General Canlrat;tot The Client also agrees that tine Client, CEDG and CEDG's sub consultants shall be indemnified by the General Contractor and shall be made additional insureds underthe General Contractor's policies of general liability insurance. ARTICLE 11. ERRORS AND OMISSIONS In providing serAws tinder this Agreement, CEDG will endeavor to perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If, after the construction has begun, an error or omission is discovered and the item can still be provided in file sequence of construction without premium cost to the CLIENT, the CLIENT agrees to pay for this item as if it had been inckided in the original construction documents. If this error or omission is discovered out of sequence will) the construction fimelableI (lien CEDG will pay for Ne premium cost to have this item corrected or included, With llle CLIENT paying for the item's basic cost as if it had been included in the original documents. If the premium cost falls below 2% of the dGFinc d construction cost, then the entire premium cost shall be the responsibility of the CLIENT. This premium cost concept for errors and omissions is not applicable it the CLIENT chows not to employee CEDG during construction phase services per Article 10 above. To the maximum extent permitted by law, Ole CLIENT agrees to limit CEDG's liability for the CLIENT damages to the sum of $50,000 or CEDG's fee, whichever is greater. This limitation shall apply reaardless of Ihn ra„ca „ r -ar.... )cgal theory pled or asserted. ARTICLE 12, INSURANCE CEpG maintains insurance coverage including Workmans' Compensation Insurance, Employer's Liability Insurance, Commercial General Liability Insurance, Automobile Liability lrinurdnce and Professional Errors and Omission (E&0) insurance. CEDG agrees to attempt to maintain Professional (E&0) liability coverage for the period of design and construction of the Project, and for a period of three (3) years following substantial completion, 9 such coverage is reasonably available at commercially affordable premiums. Certificates of Insurance will be furnished upon request, ARTICLE 13. DISPUTE RESOLUTIONIMEDIATIONILITIGATION In an effort to resolve conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and CEDG agree Viet all di:prilgs arising out of or relating to this Agreement or the Project shall be first submitted to non-binding mediation unless the parties mutually agree otherwise, In the event of litigation arising from or rolated to this Agreement or the services p?ovfded under this Agreement the provaTng party shall be entitled to recover from the non-prevailing party all roasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such Litigation, ARTICLE 14. INDEMNIFICATION In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless CEDG, its officers, directors, emptayfti arid sub consultants (collactively, CEDG) against all damages, tiablifies or costs including reasonable attorneys' fees and defense costs, arising out of or In any way connected with this Project or the perfomnrirk by the parties above named for the service undor this Agreement, excepting only those dan)ages, liabilities or costs attributable to the ncgl' enl acts or negligent failuro to act by CEDG. ARTICLEI5. ASSIGNMENT This, AgrccmGnt, being intended to secure the prrsortal servfcc of the Individuals employed by and through whom CEDG performs work hereunder, shall not be assigned, sublet or transferred without the written consent of 1ho CLIENT and CEDG. ARTICLE 16. CONTROLLING LAW This agroomant is to be governed by the taws of the Slate of Pennsylvania Aged Accounts Receivable By Client Friday August 01, 2008 Aged as of 08101108 CEDG, Inc. Job-to-Date through 08/31/08 9:23:18 AM Invoice Date Balance Current 31-60 61-90 91-120 Over 120 Billing Client Name: United Realty Company Client United Realty Company Post Office Box 1780 Contact Mr. Sam Dotan Altoona, PA 16603 Phone United States Fax Email 000020042438 09/21/05 2,338.58 2,338.58 000020042519 10/28/05 2,226.90 2,226.90 000020042577 11/22/05 718.75 718.75 000020060008 01/24/06 146.22 146.22 Total for 05081 5,430.45 5,430.45 000020042424 09/21105 3,051.16 3,051.16 000020042492 10/27/05 965.66 965.66 000020042573 11/21/05 3,608.02 3,608.02 Total for 05081.01 7,624.84 7,624.84 Total for United Realty Company 13,055.29 13,055.29 V5.1-11 (TSTAGER) - C E E)" G ENGINEERS CEDG, Inc. 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Sam Dotan September 21, 2005 United Realty Company Project No: 05081 Post Office Box 1780 Invoice No: 20042438 Altoona, PA 16603 United States Project 05081 Alewood Acres - Phase II - Planning Module Revisions Professional Services from September 1 2005 to September 21, 2005 Professional Personnel Hours Rate Amount Bridges, James 12.75 180.00 2,295.00 Totals 12.75 2,295.00 Total Labor Reimbursable Expenses Mailing and Handling Total Reimbursables Unit Billing Mailing and Handling Total Units Total this Invoice Billings to Date Current Prior Total Labor 2,295.00 0.00 2,295.00 Expense 40.38 0.00 40.38 Unit 3.20 0.00 3.20 Totals 2,338.58 0.00 2,338.58 Approved By: 2,295.00 40.38 40.38 40.38 3.20 3.20 3.20 $2,338.58 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup CEDG, Inc. Invoice 20042438 Dated 09/21/05 Tuesday, September 01, 2009 9:58:22 AM Project 05081 Alewood Acres - Phase II - Planning Module Revisions Professional Personnel Hours Rate Amount BRIDGES 055 - Bridges, 08/24/05 1.25 180.00 225.00 James reviewed documents that were previously submitted by others, calls with Sam Doatn to discuss BRIDGES 055 - Bridges, 08/25/05 5.00 180.00 900.00 James calls to DEP to discuss submission plan and what will be required, preparation of supplemental information for submission, phone calls with Sam BRIDGES 055 - Bridges, 08/26/05 4.00 180.00 720.00 James prepared information for re-submission, coordinated for overnight delivery, calls with Sam BRIDGES 055 - Bridges, 08/29/05 1.50 180.00 270.00 James calls from Sam Dotan, review of legal settlement and follow up calls BRIDGES 055 - Bridges, 09/02/05 1.00 180.00 180.00 James reviewed planning module, took calls from Sam, provided input on how he should proceed through his attorney Totals 12.75 2,295.00 Total Labor 2,295.00 Reimbursable Expenses Mailing and Handling AP 000000001888 09/15/05 Unishippers / Invoice: 1001502563, 21.24 9/15/2005 AP 000000001888 09/15/05 Unishippers / Invoice: 1001502563, 19.14 9/15/2005 Total Reimbursables 40.38 40.38 Unit Billing Mailing and Handling 3.20 Total Units 3.20 3.20 Total this report $2,338.58 CE""G ENGINEERS CEDG, Inc. 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Sam Dotan October 28, 2005 United Realty Company Project No: 05081 Post Office Box 1780 Invoice No: 20042519 Altoona, PA 16603 United States Project 05081 Alewood Acres - Phase II - Planning Module Revisions Professional Services from October 1. 2005 to October 31, 2005 Professional Personnel Hours Rate Amount Bridges, James 11.50 180.00 2,070.00 Totals 11.50 2,070.00 Total Labor Reimbursable Expenses Telephone 49.26 Total Reimbursables 49.26 Unit Billing Plots-24X36 12.0 Plots @ 6.00 86.40 Printing BAN 30.0 Copies @ 0.20 7.20 Ridgway's Printing 14.04 Total Units 107.64 Total this Invoice Outstanding Invoices Number Date Balance 20042438 09/21/05 2,338.58 Total 2,338.58 Total Now Due Billings to Date Current Prior Total Labor 2,070.00 2,295.00 4,365.00 Expense 49.26 40.38 89.64 Unit 107.64 3.20 110.84 Totals 2,226.90 2,338.58 4,565.48 2,070.00 49.26 107.64 $2,226.90 $4,565.48 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05081 Alewood Acres - Phase II - Planning Invoice 20042519 Module Revisions Approved By: mease airea questions conceming this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, September 01, 2009 CEDG, Inc. Invoice 20042519 Dated 10/28/05 9:58:56AM Project 05081 Alewood Acres - Phase II - Planning Module Revisions Professional Personnel Hours Rate Amount BRIDGES 055 -Bridges, 09/19/05 .50 180.00 90.00 James review of planning module response from Twp BRIDGES 055 - Bridges, 09/20/05 4.00 180.00 720.00 James review of planning module information, drafted response letter, talked with owner BRIDGES 055 - Bridges, 09/21/05 1.50 180.00 270.00 James dsicaussion with owner regarding strategy, spoke with Twp. manager BRIDGES 055 - Bridges, 09/30/05 1.00 180.00 180.00 James conversation regarding planning module status with Sam Dotan BRIDGES 055 - Bridges, 10/04/05 1.25 180.00 225.00 James call with Sam Dotan, revisions to O&M Agreement BRIDGES 055 - Bridges, 10/05/05 2.25 180.00 405.00 James prepared documents to send to Antis attorney, conference call with Sam Dotan and Twp solicitor BRIDGES 055 - Bridges, 10/06/05 1.00 180.00 180.00 James prepared documents to send to Antis Twp. solicitor for twp . meeting Totals 11.50 2,070.00 Total Labor 2,070.00 Reimbursable Expenses Telephone AP 000000001946 10/12/05 ATX Telecommunications Services/ 49.26 Invoice: 7176918050, 10/5/2005 Total Reimbursables 49.26 49.26 Unit Billing Plots-24X36 12.0 Plots @ 6.00 86.40 Printing B/W 30.0 Copies @ 0.20 7.20 Ridgway's Printing 14.04 Total Units 107.64 107.64 Total this report $2,226.90 CEDE ENGINEERS CEDG, Inc. 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Sam Dotan November 22, 2005 United Realty Company Project No: 05081 Post Office Box 1780 Invoice No: 20042577 Altoona, PA 16603 United States Project 05081 Alewood Acres - Phase II - Planning Module Revisions Professional Services from November 1 2005 to November 30 2005 Professional Personnel Hours Rate Amount Bridges, James 3.75 180.00 675.00 Valentic, Daniella .25 55.00 13.75 Totals 4.00 688.75 Total Labor Reimbursable Expenses Telephone 6.01 Total Reimbursables 6.01 Unit Billing Mailing and Handling 1.55 Printing B/W 27.0 Copies @ 0.20 6.48 Ridgway's Printing 15.96 Total Units 23.99 Total this Invoice Outstanding Invoices Number Date Balance 20042438 09/21/05 2,338.58 20042519 10/28/05 2,226.90 Total 4,565.48 Total Now Due Billings to Date Current Prior Total Labor 688.75 4,365.00 5,053.75 Expense 6.01 89.64 95.65 Unit 23.99 110.84 134.83 688.75 6.01 23.99 $718.75 $5,284.23 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05081 Alewood Acres - Phase II - Planning Invoice 20042577 Module Revisions Totals 718.75 4,565.48 5,284.23 Approved By: mease airect questions conceming this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, September 01, 2009 CEDG, Inc. Invoice 20042577 Dated 11122/05 9:59:20 AM Project 05081 Alewood Acres - Phase II - Pl anning Module Revisions Professional Personnel Hours Rate Amount BRIDGES 055 - Bridges, 10/17/05 1.00 180.00 180.00 James conversation with Rick Barrett of DEP BRIDGES 055 - Bridges, 10/18/05 .50 180.00 90.00 James call with Sam to update per my conversation with DEP BRIDGES 055 - Bridges, 10/26/05 2.25 180.00 405.00 James conversation with Sam, drafted letter summarizing twp. submission of planning module for Sam per his request VALENTIC 237 - Valentic, 10/26/05 .25 55.00 13.75 Daniella Totals 4.00 688.75 Total Labor 688.75 Reimbursable Expenses Telephone AP 000000002028 11/03/05 ATX Telecommunications Services / 6.01 Invoice: 7176918050, 10/25/2005 Total Reimbursables 6.01 6.01 Unit Billing Mailing and Handling Printing B/W Ridgway's Printing 1.55 27.0 Copies @ 0.20 6.48 15.96 Total Units 23.99 23.99 Total this report $718.75 C E ru-"*AG ENGINEERS CEDG, Inc. 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Sam Dotan January 24, 2006 United Realty Company Project No: 05081 Post Office Box 1780 Invoice No: 20060008 Altoona, PA 16603 United States Project 05081 Alewood Acres - Phase II - Planning Module Revisions Professional Services from January 1 2006 to January 31, 2006 Professional Personnel Hours Rate Amount Jones, Keith 1.50 95.00 142.50 Totals 1.50 142.50 Total Labor Reimbursable Expenses Telephone 3.00 Total Reimbursables 3.00 Unit Billing Mailing and Handling 0.72 Total Units 0.72 Total this Invoice Outstanding Invoices Number Date Balance 20042438 09/21/05 2,338.58 20042519 10/28/05 2,226.90 20042577 11/22/05 718.75 Total 5,284.23 Total Now Due Billings to Date Current Prior Total Labor 142.50 5,053.75 5,196.25 Expense 3.00 95.65 98.65 Unit 0.72 134.83 135.55 Totals 146.22 5,284.23 5,430.45 142.50 3.00 0.72 $146.22 $5,430.45 lease direct questions conceming this invoice to Becky Creelman 717.458.9234. Project 05081 Alewood Acres - Phase II - Planning Invoice 20060008 Module Revisions Approved By: lease uirec[ questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, September 01, 2009 CEDG, Inc. Invoice 20060008 Dated 01124/06 9:59:44 AM Project 05081 Professional Personnel JONESK 208 - Jones, Keith sewer sketch Totals Total Labor Reimbursable Expenses Telephone Alewood Acres - Phase II - Planning Module Revisions Hours Rate Amount 12/23/05 1.50 95.00 142.50 1.50 142.50 AP 000000002114 12/06/05 ATX Telecommunications Services / 3.00 Invoice: 7176918050, 12/5/2005 Total Reimbursables 3.00 Unit Billing Mailing and Handling 0.72 Total Units 0.72 Total this report 142.50 3.00 0.72 $146.22 CEDE ENGINEERS CEDG, Inc. 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Sam Dotan September 21, 2005 United Realty Company Project No: 05081.01 Post Office Box 1780 Invoice No: 20042424 Altoona, PA 16603 United States Project 05081.01 Alewood Acres - Phase II - NPDES Permitting - Notice of Intent Professional Services from Se ptember 1 2005 to September 21, 2005 Professional Personnel Hours Rate Amount Jones, Keith 17.50 95.00 1,662.50 Marino, James 5.50 95.00 522.50 Pike, David 6.00 135.00 810.00 Totals Total Labor Reimbursable Expenses Travel Total Reimbursables Total this Invoice Billings to Date Labor Expense Totals Approved By: Current 2,995.00 56.16 3,051.16 29.00 2,995.00 Prior Total 0.00 2,995.00 0.00 56.16 0.00 3,051.16 56.16 56.16 2,995.00 56.16 $3,051.16 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup CEDG, Inc. Invoice 20042424 Dated 09/21/05 Tuesday, September 01, 2009 10:00:21 AM Project 05081.01 Alewood Acres - Phase II - NPDES Permitting - Notice of Intent Professional Personnel Hours Rate Amount JONESK 035 - Jones, Keith 08/23/05 1.00 95.00 95.00 meeting with Sam Dotan regarding NPDES permit for Alewood Acres Phase 2 JONESK 035 - Jones, Keith 08/24/05 .50 95.00 47.50 meeting with Sam Dotan regarding NPDES permit for Alewood Acres Phase 2 JONESK 146 - Jones, Keith 08/29/05 3.50 95.00 332.50 prepare NPDES permit for Alewood Acres Ph II JONESK 146 - Jones, Keith 08/30/05 7.00 95.00 665.00 prepare NPDES permit forAlewood Acres Ph II JONESK 146 - Jones, Keith 08/31/05 1.50 95.00 142.50 prepare NPDES permit for Alewood Acres Ph II JONESK 146 - Jones, Keith 09/01/05 1.00 95.00 95.00 prepare NPDES permit for Alewood Acres Ph II JONESK 146 - Jones, Keith 09/02/05 3.00 95.00 285.00 prepare NPDES permit for Alewood Acres Ph II MARINO 035 - Marino, James 09/01/05 5.50 95.00 522.50 Meeting with Sam Dotan at Blair CCD and new site visit PIKE 103 - Pike, David 08/24/05 2.00 135.00 270.00 Proposal for 05P203M.01 (Sam Dotan-Alewood Acres) PIKE 146 - Pike, David 08/29/05 1.00 135.00 135.00 NPDES (NOI) preparation/coordination w/Client PIKE 146 - Pike, David 08/30/05 1.50 135.00 202.50 NPDES (NOI) preparation PIKE 146 - Pike, David 08/31/05 1.50 135.00 202.50 NPDES (NOI) Preparation/coordination w/Client Totals 29.00 2,995.00 Total Labor 2,995.00 Reimbursable Expenses Travel EX 000000000755 08/31/05 Jones, Keith / meeting 24.84 EX 000000000756 09/01/05 Marino, James / Personal Vehicle Mileage 31.32 Total Reimbursables 56.16 56.16 Total this report $3,051.16 CEru""G ENGINEER CEDG, Inc. 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Sam Dotan October 27, 2005 United Realty Company Project No: 05081.01 Post Office Box 1780 Invoice No: 20042492 Altoona, PA 16603 United States Project 05081.01 Alewood Acres - Phase II - NPDES Permitting - Notice of Intent Professional Services from Octo ber 1. 2005 to October 31. 2005 Professional Personnel Hours Rate Amount Jones, Keith 5.50 95.00 522.50 Marino, James 3.50 95.00 332.50 Vermeulin, Angela .25 55.00 13.75 Totals 9.25 868.75 Total Labor 868.75 Reimbursable Expenses Travel 96.43 Total Reimbursables 96.43 96.43 Unit Billing Ridgway's Printing 0.48 Total Units 0.48 0.48 Total this Invoice $965.66 Outstanding Invoices Number Date Balance 20042424 09/21/05 3,051.16 Total 3,051.16 Total Now Due $4,016.82 Billings to Date Current Prior Total Labor 868.75 2,995.00 3,863.75 Expense 96.43 56.16 152.59 Unit 0.48 0.00 0.48 Totals 965.66 3,051.16 4,016.82 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05081.01 Alewood Acres - Phase II - NPDES Invoice 20042492 Permitting - Notice of Intent Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, September 01, 2009 CEDG, Inc. Invoice 20042492 Dated 10127/05 10:00:48 AM Project 05081.01 Alewood Acres - Phase II - NPDES Permitting - Notice of Intent Professional Personnel Hours Rate Amount JONESK 146 - Jones, Keith 09/21/05 2.50 95.00 237.50 address District comments JONESK 229 - Jones, Keith 10/04/05 3.00 95.00 285.00 meeting with BCCD to discuss comments MARINO 035 - Marino, James 09/21/05 .50 95.00 47.50 Setting up Blair CCD meeting with Sam Dotan MARINO 035 - Marino, James 09/22/05 3.00 95.00 285.00 Meeting with Blair CCD staff and site visit to correct violations at Woodridge Springs site in Blair Township , Blair County VERMEUL1033 - Vermeulin, 09/20/05 .25 55.00 13.75 Angela Copying and Filing Totals 9.25 868.75 Total Labor 868.75 Reimbursable Expenses Travel EX 000000000784 09/22/05 Marino, James / Site visit to Woodridge 29.40 Springs EX 000000000794 10/04/05 Jones, Keith / meeting 23.52 EX 000000000825 10/19/05 Marino, James / Site Visit 43.51 Total Reimbursables 96.43 96.43 Unit Billing Ridgway's Printing 0.48 Total Units 0.48 0.48 Total this report $965.66 C E ru-"*AG ENGINEERS CEDG, Inc. 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Sam Dotan November 21, 2005 United Realty Company Project No: 05081.01 Post Office Box 1780 Invoice No: 20042573 Altoona, PA 16603 United States Project 05081.01 Alewood Acres - Phase II - NPDES Permitting - Notice of Intent Professional Services from Novemb er 1. 2005 to November 30 . 2005 Professional Personnel Hours Rate Amount Jones, Keith 22.00 95.00 2,090.00 Marino, James 11.00 95.00 1,045.00 Pike, David 2.00 135.00 270.00 Sciko, Vincent 1.00 55.00 55.00 Vermeulin, Angela 1.50 55.00 82.50 Totals 37.50 3,542.50 Total Labor 3,542.50 Reimbursable Expenses Travel 23.52 Total Reimbursables 23.52 23.52 Unit Billing Ridgway's Printing 7.80 34.20 Total Units 42.00 42.00 Total this Invoice $3,608.02 Outstanding Invoices Number Date Balance 20042424 09/21/05 3,051.16 20042492 10/27/05 965.66 Total 4,016.82 Total Now Due $7,624.84 Billings to Date Current Prior Total Labor 3,542.50 3,863.75 7,406.25 Expense 23.52 152.59 176.11 Unit 42.00 0.48 42.48 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05081.01 Alewood Acres - Phase II - NPDES Invoice 20042573 Permitting - Notice of Intent Totals 3,608.02 4,016.82 7,624.84 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 OR Billing Backup Tuesday, September 01, 2009 CEDG, Inc. Invoice 20042573 Dated 11/21/05 10:01:11 AM Project 05081.01 Alewood Acres - Phase II - NPDES Permitting - Notice of Intent Professional Personnel Hours Rate Amount JONESK 047 - Jones, Keith 10/18/05 1.50 95.00 142.50 address BCCD comments JONESK 035 - Jones, Keith 10/18/05 1.00 95.00 95.00 meeting with client regarding bccd comments JONESK 047 - Jones, Keith 10/19/05 6.00 95.00 570.00 address BCCD comments JONESK 047 - Jones, Keith 10/20/05 4.50 95.00 427.50 address BCCD comments JONESK 047 - Jones, Keith 10/21/05 3.50 95.00 332.50 address BCCD comments JONESK 035 - Jones, Keith 10/21/05 3.50 95.00 332.50 meeting with BCCD JONESK 035 - Jones, Keith 11/04/05 1.00 95.00 95.00 meeting w/ sam to discuss E&S JONESK 035 - Jones, Keith 11/10/05 1.00 95.00 95.00 meeting with sam to discuss water and sewer for aewood acres II MARINO 209 - Marino, James 10/18/05 1.50 95.00 142.50 Meeting with Sam Dotan MARINO 026 - Marino, James 10/19/05 6.00 95.00 570.00 Site Field Review for Wetland Areas with Sam Dotan and Summary of Findings MARINO 026 - Marino, James 10/20/05 1.50 95.00 142.50 Site Field Investigation Summary MARINO 209 - Marino, James 10/20/05 .50 95.00 47.50 Reviewed general construction sequence MARINO 209 - Marino, James 10/21/05 1.50 95.00 142.50 E&S plan review and revisions prior to submission PIKE 035 - Pike, David 10/18/05 1.00 135.00 135.00 Meeting w/Client to discuss BCCD comments PIKE 035 - Pike, David 10/19/05 .50 135.00 67.50 In-House meeting to discuss wetland walk-over at Alewood Acres PIKE 035 - Pike, David 10/20/05 .50 135.00 67.50 In-house review of wetland findings on Alewood Acres SCIKO 013 - Sciko, Vincent 10/19/05 1.00 55.00 55.00 detail sheet setup, scaling VERMEUL1033 - Vermeulin, 10/20/05 .50 55.00 27.50 Angela Memo for James VERMEUL1033 - Vermeulin, 10/21/05 1.00 55.00 55.00 Angela cover & letter revisions Billing Backup Invoice 20042573 Dated 11/21/05 Tuesday, September 01, 2009 - Totals 37.50 3,542.50 Total Labor 3,542.50 Reimbursable Expenses Travel EX 000000000824 10/21/05 Jones, Keith / Travel Expense 23.52 Total Reimbursables 23.52 23.52 Unit Billing Ridgway's Printing 7.80 34.20 Total Units 42.00 42.00 Total this report $3,608.02 Page 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC., Plaintiff, V. SHLOMO DOTAN, individually and d/b/a, UNITED REALTY and UNITED REALTY COMPANY, Defendants. VERIFICATION No. JURY TRIAL DEMANDED I verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained therein, and not to legal conclusions and averments authorized by counsel in their capacity as attorneys for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. CEDG, INC. Date: z Q By: t 11 Todd N. Stager, President 0 Ff?FD_vrr>? OF ?Ha 2009 SEP -8 PM 1: 22 ,E *1% . So Po A-MY L0147 0230o?.q a Sheriffs Office of Cumberland County 1CE • t i • AMY I n `' R Thomas Kline T, i 0, , ? nG ?'?',? ;, .. Sheriff ?ttr` etutt?6rr! Ronny R Anderson ZQ?g ?i?T2Q lg; ' 41 Chief Deputy ' t r r j Jody S Smith wry' Civil Process Sergeant OFFICE 'J SHE S-CRIFF Edward L Schorpp Solicitor CEDG, Inc. vs. United Realty Corporation SHERIFF'S RETURN OF SERVICE Case Number 2009-6091 09/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: United Realty Company, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Blair County, PA to serve the within Complaint and Notice according to law. 09/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Shlomo Dotan a/k/a Sam Dotan, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Blair County, PA to serve the within Complaint and Notice-according to law. 10115/2009 Blair County Return: And now, October 15, 2009 I, Larry D. Field, Sheriff of Blair County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for United Realty Company the defendant named in the within Complaint and that I am unable to find them in the County of Blair and therefore return same NOT FOUND. 10/15/2009 Blair County Return: And now, October 15, 2009 I, Larry D. Field, Sheriff of Blair County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Shlomo Dotan a/k/a Sam Dotan the defendant named in the within Complaint and that I am unable to find him in the County of Blair and therefore return same NOT FOUND. SHERIFF COST: $53.00 SO ANSWERS, October 19, 2009 R THOMAS KLINE, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC., V. No. 09-6091 Civil Term Plaintiff, SHLOMO DOTAN a/k/a SAM DOTAN, individually and d/b/a UNITED REALTY JURY TRIAL DEMANDED and UNITED REALTY COMPANY, Defendants. PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed in this matter. Respectfully Submitted, NESTICO, DRU & HILDAB D, L.L.P. Date: (c, l By: y Anfhony J. Nesti mire, I.D. No. 58868 Megan C. H uir LD. No. 84391 840 E. Choc nue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff RLEt OF ?NE P'1 -? r-i^,? OTAP,Y 2CD9 OCT 30 PH f : 50 NTY rcow- 410.00 Pb ATTI/ CK-* 1060-W 09.8aL741 ~' t7 t'~ IN THE COURT OF COMMON PLEAS Tic rr~ ~~ OF CUMBERLAND COUNTY, PENNSYLVANIA ~ -~ ~` CEDG, INC., Plaintiff, v. SHLOMO DOTAN a/lc/a SAM DOTAN, individually and d/b/a UNITED REALTY and UNITED REALTY COMPANY, Defendants. No. o ca "n ~ ~~ .~- ao JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE ~~ -,r NOW COME, Movants Anthony J. Nestico, Esquire, Megan C. Huff, Esquire and the law firm of Nestico, Druby & Hildabrand, L.L.P. to withdraw from the representation of the Plaintiff CEDG, Inc. in the above-referenced matter and aver as follows: 1. Movants Anthony J. Nestico, Esquire, Megan C. Huff, Esquire and the law firm of Nestico, Druby & Hildabrand, L.L.P. (collectively "Movants") are counsel of record for the Plaintiff CEDG, Inc. ("CEDG"), in the above-referenced matter. 2. The Respondent is the Plaintiff, CEDG. 3. On or about January 8, 2010, Movants filed a Motion of Counsel for Leave to Withdraw from the representation of Plaintiff in the above-referenced matter. 4. On January 12, 2010, by Order of Court, the Honorable J. Wesley Oler, Jr. issued a Rule to Show Cause why Movants should not be permitted to withdraw from the representation ~ 1. . ~~ s. c _, 09-6091 Civil Tim of Plaintiff. ~' 5. To date, no response has been filed objecting to Movants' withdrawal of representation as counsel of record for Plaintiff. 6. Movants continued representation of Plaintiff has been rendered unreasonably difficult and good cause exists under Pennsylvania Rule of Conduct 1.16(a)(5) for Movants' withdrawal of appearance. 7. At this juncture, Plaintiff would not be prejudiced by Movants' withdrawal. 8. No hearing or argument on this Motion is requested. 9. Discovery is not necessary. 10. The Honorable J. Wesley Oler, Jr. issued the January 12, 2010 Order of Court, issuing a Rule. WHEREFORE, Movants Anthony J. Nestico, Esquire, Megan C. Huff, Esquire and the law firm of Nestico, Druby & Hildabrand, L.L.P. respectfully request your Honorable Court to grant Movants leave to withdraw their appearance for Plaintiff CEDG, Inc. in the above- referenced matter. DATE: :~ y ~J Respectfully Submitted, NESTICO, DRUBY & HILDABRAND, LLP MegaiTy .Huff, Es 'r Attorney I.D. N . 84 91 840 E. Chocolat Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Defendant ~• 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC., Plaintiff, vi. SHLOMO DOTAN a/Wa SAM DOTAN, . individually and d/b/a UNITED REALTY and UNITED REALTY COMPANY, , Defendants. No. 09-6091 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Megan C. Huff, Esquire, counsel for Plaintiff, CEDG, Inc., hereby certify that I served a true and correct copy of the within MOTION TO MAKE RULE ABSOLUTE, by first class mail, postage prepaid, on the following: Todd N. Stager, P.E. John Sepp CEDG, Inc. Penn Terra Engineering, Inc. 5000 Ritter Road, Suite 203 3075 Enterprise Drive Mechanicsburg, PA 17055 Suite 201 State College, PA 16801 NESTICO, DRUBY & HILDABRAND, LLP ,-- . DATE: `~ ~~ BY: _ ~ ~~ Megan C. Hu ~ i~re Attorney LD. _ _843.1 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff ©~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC., Plaintiff, v. SHLOMO DOTAN alk/a SAM DOTAN, individually and d/b/a UNITED REALTY and UNITED REALTY COMPANY, Defendants. ORDER ~B o~ ~ 1 No. 09-6091 Civil Term JURY TRIAL DEMAN~E N D ~ ~:~ ~~~ -~: c ~. ~ -*i --~ ~-,, f., ~ r'i~ - . ~; i:. ~ t 7 J J .„ ~, lt7 .. r.. ~., _ s . c} AND NOW, this _ day of ~ ~~ _ 2010, upon consideration of the foregoing Motion to Make Rule Absolute, IT IS HEREBY ORDERED that the Motion is granted. Movants Anthony J. Nestico, Esquire, Megan C. Huff, Esqui~ artd the law firm of ~"(~~-> r Nestico, Druby & Hildabrand, L.L.P. may withdraw as counsel for Iendzn~t CEDG, Inc. in the above-referenced matter. P' o ~~ i 7~}~-3 ~ i5 2 ~ ~I 5 C 1 ~ / ~ :, G~ ~ ~t, - ~i C.G~ u .~?SL-t l ~ jai: -~ C c~ t' Q ~v~ l~ ~1~1 iS L ~~._ V BY THE COURT: I ~velcL S~~ ~ ~.j~j~~ r ~1 / ~'~~ J. Of CU41 David D. BueCC 1 °p 1Wenee X Simpson Prothonotary WIT,SIC y 1S` Deputy Prothonotary V !i: O 77,7-.;W, Irene E. Morrow Kirks. Sofionage, ESQ _ . �v-- Solicitor 1750 2' Deputy Prothonotary Office of the Prothonotary Cum6erCand County, Pennsylvania =tOQ/ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fa, .(717)240-6573