HomeMy WebLinkAbout05-1277POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717) 731-1970
THE PAULLIN GROUP, INC.
Plaintiff,
V.
CRABTREE,ROHRBAUGH &
ASSOCIATES, INC.
Defendant.
ATTORNEYS FOR PLAINTIFF
THE PAULLIN GROUP, INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
LVANIA l
NO: C) S - /. 1-/ / l21 v L L ??/Lty I
CIVIL ACTION
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
NOTICIA
Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en ]as paginas siguientes, usted tiene viente (20) dias de plazo a] partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o per
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros detechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717) 731-1970
THE PAULLIN GROUP, INC.
Plaintiff,
V.
CRABTREE, ROHRBAUGH &
ASSOCIATES, INC.
Defendant.
ATTORNEYS FOR PLAINTIFF
THE PAULLIN GROUP. INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO: OE- Id-77 l uL1 1 ? 1'?l
CIVIL ACTION
COMPLAINT
AND NOW, comes Plaintiff, The Paullin Group, Inc., by and through its attorneys, Post
& Schell, P.C., and in support of this claim, avers the following:
1. Plaintiff, The Paullin Group, Inc. (hereinafter "Paullin") is a Michigan
corporation with a place of business at 8116 East Fulton, Ada, Michigan 49301.
2. Defendant, Crabtree, Rohbaugh & Associates, Inc. (hereinafter "Crabtree") is a
Pennsylvania business corporation with an address of 401 East Winding Hill Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. On or about October 7, 2002, the parties executed an Agreement between
Defendant as architect and Paullin as consultant.
4. A true and correct copy of the Agreement between the parties is incorporated
hereby and attached hereto as Exhibit "A."
5. Pursuant to the contract, Plaintiff was to review educational specifications
developed by the York County School of Technology, verify space requirements, and work with
staff administration and the architect on design and installation of furniture and instructional
equipment.
6. The Agreement provided for an initial payment of $2,500.00 and subsequent
monthly payments for basic services. In addition, compensation for the study to be performed in
connection with the contract was specified in Article 6.1 of the contract.
7. The contract additionally contemplated reimbursement for expenses on an agreed
schedule, as well as payments on account of additional services on a monthly basis.
8. The contract provided that it could be terminated by either party upon thirty (30)
days written notice in the event of substantial non-performance by the other party.
9. In January of 2004, the contract was terminated by Paullin because Defendant
failed to provide necessary information as well as to make timely payments. Indeed, at the time
of termination of the contract on January 7, 2004, payments had been as much as five months in
arrears.
10. Paragraph 4.3 of the contract provides, "In the event of termination not the fault
of the Consultant, the Consultant shall be compensated for all services performed to the
termination date, together with reimbursable expenses then due."
11. Accordingly, compensation for services and expense payments are currently due
and owing to Plaintiff Paullin.
12. As of the time of the termination of the contract, Consultant Paullin had
performed the following items for which compensation is due, specifically subcategories 1.31
through 1.35 of the Contract.
-2-
13. With the exceptions of writing the equipment specification and managing the
bidding process, all the major furniture and instructional equipment planning activities had been
completed. Paullin had:
1. Completed the interviews with the staff and administration
necessary to determine the instructional equipment needs for all of
the vocational studios and theory classrooms.
2. Completed working with the staff and administration to
determine which pieces of instructional equipment were to remain
in service and which pieces required replacement and/or
upgrading.
3. Completed the development of furniture and instructional
equipment lists identifying both new and existing instructional
equipment required for each space including preliminary
mechanical and electrical requirements (these requirements were to
be finalized once the equipment bids were awarded and the catalog
cuts were provided).
4. Completed the preliminary phase of developing 3-D
layouts for each space in the proposed facility. This was a major
undertaking. In order to properly plan for the existing instructional
equipment, it was necessary to photograph and measure each
unique piece of equipment and then develop realistic 3-D drawings
for each item. Once this activity was completed, TPG using the
design/development drawings produced by CR and generated
preliminary layouts that were 3-D in nature and rendered to
provide a realistic image of how each studio and/or theory
classroom might work. TPG, per CR's schedule, then flew to
Pennsylvania prepared to present these 3D furniture layouts to the
staff and administration for review. However, CR elected not to
have these layouts presented.
5. Completed line item cost estimates for all instructional
equipment and furniture to be purchased. In addition, cost
estimates were generated for all of the existing equipment based on
current fair market value of each item. The York County School
of Technology Equipment Costs (New & Existing) was published
on January 2, 2004. This document established the total cost
estimate for new and existing instructional furniture and equipment
at Five Million Five Hundred and Sixty-Six Thousand, Eight
Hundred and Twenty-Five Dollars ($5,566,825.00).
-3-
14. By way of review, TPG has (1) determined the instructional equipment needs for
the vocational studios and theory classrooms, (2) identified the existing equipment to remain and
items which need to be upgraded and/or replaced, (3) identified both the new and existing
equipment that would be required for each space, (4) developed preliminary 3-D instructional
equipment and furniture layouts for each studio and/or theory classroom, and (5) generated line
item cost estimates for all of the new and existing instructional equipment and furniture.
15. Based on the value of the cost estimates generated January 6, 2004, $5,566,825.00
multiplied by 3.5%, the value of the Agreement is $194,838.00.
16. Sixty-One Percent (61%) of the Agreement was completed before it was
necessary for Paullin to terminate the relationship due to the continued late payment by
Defendant and the failure to facilitate Plaintiffs access to the owner, thus inhibiting Paullin's
ability to complete the necessary activities.
17. The billings were consistent with this percentage of completion, $119,263.00 out
of $194,838, for a percentage of .612.
18. In addition to the $41,610.00 in fees that remain outstanding, there are $2,914.79
of reimbursable expenses, and $5,369.06 in interest charges, which are due and owing.
COUNT I - BREACH OF CONTRACT
19. The averments of Paragraphs 1-18 are incorporated hereby as if set forth fully and
at length.
20. The parties had a Contract attached to this Agreement as Paragraph (a).
21. Defendant breached the Contract leading to its termination.
22. Pursuant to the Contract, the amount of $51,457.03 is due and owing,
representing contractual payments, reimbursable expenses and interest charges.
-4-
WHEREFORE, Plaintiff, The Paullin Group, Inc. respectfully requests this Honorable
Court to grant judgment in its favor and against Defendant in the amount of $51,457.03, with
statutory interest, costs, expenses and whatever other relief the court may consider just and
equitable.
Respectfully submitted,
POST & SCHELL, P.C.
F&,xaa %. /Ws
PAULA J. CDERMOTT, ESQUIRE
Attorney I.D. # 46664
240 Grandview Avenue
Camp Hill, PA 17011
(717) 612-6012
Attorneys for Plaintiff The Paullin Group
Dated: March 1- , 2005
-5-
VEAT>FYCATiON
I, Robert ,T. Paullin,, President of The Paullin Getup, Inc., Plauatiff in this matter, hereby
affirm that the facts and matters set forth in the foregoing COMPLAINT are true and correct to
the best of my knowledge, iu%nnation, and belief The undersigned understands that the
statements made therein are made subject to the penalties of 19 Pa. C.S. §4904 relating to
unswom falsification to authorities.
THE PAULLIN GROUP, INC.
Titles c c?'ZyT -
Date: March 8 , 2005
.6.
AGREEMENT
MADE AS OF THE DAY OF IN THE YEAR OF
TWO THOUSAND AND TWO.
Between the Architect: Crabtree. Rohrbaugh and Associates
Mechanicsburg, Pennsylvania
And the Consultant: The Paullin Group, Inc.
Ada, Michigan
For the Following Project, Vocational Education Consulting Services for York County School of
Tcchnoloy
THF_ ARCHITECT AND THE CONSULTANT AGREE ASSET FORTH IN THE FOLLOWING:
TERMS AND CONDITIONS OFAGREEMENT
BETWEEN ARCHITECTAND CONSULTANT
ARTICLE I
CONSULTANTS SERVICES AND RESPONSIBILITIES
THE CONSULTANT'S BASIC SERVICES ARE AS DESCRIBED BELOW:
I Phase I - Review Educational Spccificrt:ons
The Consultant will review, in detail. the educational specifications developed by the York County School
of Technology vocational stalT and administration Including, but not limited to. the following:
1.1.1 Program Descriptions
Review descriptions of each program in sufficient detail to determine the area of emphasis in
terms or administrative and instructional methodologies.
1.1.2 Methods of Instruction
Review instructional methods unicue to each program.
1.1.3 Relationship to Other Spaces
Review relationships that are required with respect to other program areas.
1.1.4 Organizational Summary
Review the number of student stations. the number of instructor stations, and the number of
administrative stations.
1.2 Verify The Space Reouirements
1.2.1 Space Requirements
Verify the number of square feet required for each enclosed space which is necessary to house
a particular curriculum. This includes the major studios and the support spaces critical to the
program.
1.3 Phase III - furniture and Instructional Eouipmcnt Planning
The Consultant, working with the York County School of Technology's vocational staff, administration
and the Architect, will:
1.3.1 Conduct interviews with stalfand administration to determine the instructional coulpmentneeds
of individual vocational studios and theory classrooms.
1_3.2 Work with staff and administration to determine which pieces of instructional equipment can
remain in service and which pieces require replacement and/or upgrading.
1.3.3 Develop furniture and instructional equipment lists identifying both new and existing equipment
required for each space.
1.3.4 Work with staff and administration to develop 3-D layouts for each space.
1.3.5 Develop-line item cost estimates for all instructional equipment and furniture to be purchased.
1.3.6 Develop furniture and equipment specificatlons.
1.3.7 Work with the Architect to develop the furniture and equipment delivery and installation
schedule based on the construction schedule.
1.3.8 Manage the furniture and equipment bidding process and provide assistance with bid
evaluations.
1.3.9 Provide periodic on-site inspection during the furniture and equipment installation phase of the
project,
1.3.10 Generate an instructional equipment and furniture punch list.
1.3.1 1 Obtain final completion documentation from each furniture and/or equipment vendor.
ARTICLE II
TIME ARCHITECT'S RESPONSIBILITIES
The following services and responsibilities shall be undertaken by the Architect:
2.1 During Article t activities the Architect will work with the Consultant to assure that the Consultant has
access to the York Count School orTechnology administration and vocational instructional staff In a timely
manner.
2.2 The Architect will expedite Consultant data reouesisthatarenecessarytocarryoutthe activities identified
in Article I.
ART)C E Ili
PAYMENTS TO THE CONSULTANT
3.1 The initial payment is set forth in paragraph 6.2.
3.2 Subsequent payments for basic services shall be made monthly and shall be in proportion to services
performed and are set forth in paragraph 6.3.
3.3 Compensation for this study shall consist of fees as set forth in paragraph 6.1.
3.4 Reimbursement for expenses shall be as set forth in paragraph 6.4.
3.5 Payments on account of the Consultant's additional services as defined in Paragraph 6.S shall be made
monthly upon presentation of the Consultant's statement of services rendered.
ARTICLE V
TERMINATION OF AGREEMENT
4.1 This agreement may be terminated by either party upon thiry (30) days' written notice should the other
party fail substantially to perform in accordance with its terms through no fault of the party initiating the
termination.
4.2 This agreement may be terminated by the Architect upon at least thirty (30) days' written notice to the
Consultant in the event that the project Is permanently abandoned.
4.3 In the event of termination not the fault of the Consultant, the Consultant shall be compensated for all
services performed to the termination date, together with reimbursable expenses then due.
ARTICLE V
MISCELLANEOUS PROVISIONS
5.1 The Architect and the Consultant. respectively, bind themselves, their partners, successors. assigns and
legal representatives to the other party to this agreement and to the partners, successors, assigns and
legal representatives of such party with respect to all covenants of this agreement. Neither the Architect
nor the Consultant shall assign, sublet, or transfer any interest in this agreement without the written
consent of the other.
5.2 The Consultant accepts the relationship of trust and confidence established between it and the Architect.
The Consultant will covenant with the Architect to furnish its best skill and judgement and to cooperate
with the Architect in furthering the educational interests of the Owner. The Consultant agrees to use its
best efforts to perform all of its responsibilities and services in the most expeditious and economical
manner consistent with the educational interests of the Architect. All responsibilities and services of the
Consultant will be fit for the Architect's intended purposes.
5.3 The Consultant agrees to comply with a(I laws. ordinances, rules, regulations, and orders of public bodies,
authorities, and agencies relating to the performance of its responsibilities and services in the agreement.
5.4 The Consultant assumes full responsibility for the acts, negligence, or omissions or all or its employees
and holds the Architect harmless from any and all claims, damages, losses, and liabilities which result.
ARTICLE VI
THE ARCHITECT SHALL COMPENSATE THE CONSULTANT FOR THE SERVICES PROVIDED IN ACCORD-
ANCE WITH ARTICLE 1!! PAYMENTS TO THE CONSULTANT AND THE OTHER TERMS AND CONDITIONS
OF THIS AGREEMENT ARE AS FOLLOWS:
6.1 a. Compensation for Phase I Review of Educational Specifications and the verification of square
footage for the York County School of Technology will be computed by multiplying the gross
square footage of the space impacted by 4.05 per square foot.
b. Compensation for the equipment planning services identified in Phase III shall be computed by
multiplying the total cost ofthe Instructional equipment and furniture as bid plus the current fair
market value of donated and/or existing usable equipment by three and one half percent (3.5%).
6.2 An initial payment of Two Thousand, Five Hundred Dollars (42.500.00) shall be due and owing upon
execution of this agreement.
6,3 The balance or said fees as previously described shall be paid as provided in sub-paragraph 3.2
6.4 Reimbursable Expenses:
Ground Transportation @ $ .37 Per Mile
Car Rental Based On Receipts
Airfare Based On Receipts
Meals Based On Receipts
Lodging Based On Receipts
Printing @ $.10 Per Page
Postage and Handling At Cost Plus 15%
Reproductions Ai Cost Plus 15%
6.5 In the event that additional services arc agreed to in writing by
services shall be computed by multiplying a factor of 2.7 times the
I IOURLY RATES:
Principals ...........................................$63.85
Technical Staff .................................. S23.70
6.6 Payments due the Consultant and unpaid after 30 days from the
annual rate of 12 percent.
Architect, compensation for said
urly rate of the individual involved:
of billing shall bear Interest at an
This agreement represents the entire and integrated agreement between the rchitcct and the Consultant and
supersedes all prior negotiation, representations or agreements, either written r oral. This agreement may be
amended only by written instrument signed by both Architect and Consultant.
CRABTREE, ROHRBAUGH AND ASSOCIATES
THE PAULLIN GROUP, INC.
By
Its
Dated t??a ZZ
W r.
r, }
?? J
NF.STICO, DRUBY & I HLDABRAND, I,.L.P
ANTI IONY J. NLS"TICO
I.D. NO. 58868
840 EAST CI IOCOLATF AVT:NUF.
I IERSIIL?Y, PA 17033
(717) 533 5406
inesticorlhcrshcynalaw_com
THE PAULLIN GROUP. INC
Plaintiff
Attorneys for
IN TI IL COURTOF COMMON
CUMBERLAND COl1N"TY
NO. 05-1277
V.
CRAB'1REE. ROI IRBAUGII
& ASSOCIATES, INC.
CIVIL ACTION
Defendant
TO THE PROTHONOTARY:
Kindly enter the appearance of Nestico, Druby & Hildabrand, L.L.P., anc
Anthony .1. Nestico, Esquire and Richard B. Druby, Esquire as counsel on behalf
defendant. Crabtree, Rohrbaugh & Associates, Inc.
Respectfully submitted,
:AS
?f the
NESTICO, D$,17J13Y & HILDABRAND, L.Q.P.
BY:
I.D. # 3$868
Richard B. Druby
1. D. # 61904
840 East Chocolate Avenue
Hershey, PA 17033
(717) 533 5406
Date: / tncstico(i?hersheypalaw.com
NESTIC'O. DRUBY & HILDABRAND, L.L.P
ANTI IONY.1. NESTICO
LD. NO. 59869
940 EAST CI IOCOLATE AVENUE
IIERSI IEY. PA 17033
(717) 533 5406
tnesticordhcrshevnalaw.com
THE PAULLIN GROUP, INC.
Plaintiff
CRABTREE. ROI IRBAUGH
& ASSOC'IA'TES, INC.
Defendant
Attorneys for De
IN'fl IF COURT OF COMMON?PLEAS
CUMBERLAND COUN'T'Y
NO. 05-1277
CIVIL ACTION
CF,RTIFICATE OF SERVICE,
I hereby certify that a copy of the attached Entry of Appearance was si
March 23, 2005, on Paula J. McDermott, Esquire, by depositing a copy of the
United States Mail, postage prepaid, first class, and addressed as follows:
Paula .1. McDermott, Esquire
Post & Schell, P.C.
240 Grandview Avenue
Camp Hill, PA 17011
on
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-01277 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PAULLIN GROUP INC THE
VS
TREE ROHRBAUGH & ASSOCIATE
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according t
says, the within COMPLAINT & NOTICE was served upon
CRABTREE ROHRBAUGH & ASSOCIATES INC
DEFENDANT , at 1031:00 HOURS, on the 17th day of March
at 401 EAST WINDING HILL ROAD
MECHANICSBURG, PA 17055 by handing to
KARYLE LINDSAY
law,
2005
a true and attested copy of COMPLAINT & NOTICE together ?ith
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.14
Postage .37
Surcharge 10.00
11
Sworn and Subscribed to before
me this day of
I l ??Z?S A.D.
Prothghotary
qty
So Answers:
Kline
03/18/2005
POST & SCHELL
By:
Y
Curtis R. Long
Prothonotary
(Otfice of the Protbonotarp
11 Renee K. Simpson
Cumberranb Countp
Deputy Prothonotary
John E. Slike
Solicitor
?S -- _CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 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,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573