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HomeMy WebLinkAbout05-2785CEDG, INC. 5000 Ritter Road, Suite 203 Mechanicsburg, PA 17055-4828 Plaintiff V. JOHN G. GILLILAND KAREN K. GILLILAND I War Path Warriors Mark, Pa 16877 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 61 - _? ?AS" c Ci L ?.,, CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of summons in the above-captioned action. The Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff for service on Defendant. Respectfully submitted, Matthew Chabal, 111, Esquire Pa. Attorney I.D. No. 49926 James, Smith, Dietterick & Connelly, LLP Mail: P.O. Box 650 Hershey, PA 17033 Courier: 134 Sipe Avenue Hummelstown, PA 17036 Phone: (717) 533-3280 Attorneys for Plaintiff CEDG, Inc. Date: May z6 , 2005 D f CEDG, INC. IN THE COURT OF COMMON PLEAS 5000 Ritter Road, Suite 203 CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA 17055-4828 NO. 09 - a -7?S CIVIL ACTION - LAW Plaintiff JOHN G. GILLILAND KAREN K. GILLILAND I War Path Warriors Mark, Pa 16877 Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: Deputy ( ) Check here if reverse is issued for additional information. ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02785 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CEDG INC VS GILLILAND JOHN G ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: GILLILAND JOHN G but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 16th , 2005 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: So answers:-`,. --_;% -' Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Huntingdon Cc 47.64 Sheriff of Cumberland County Postage ,37 85.01 06/16/2005 JAMES SMITH DIETTERICK CONNELL Sworn and subscribed to before me this 11 of day of g. A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02785 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CEDG INC VS GILLILAND JOHN G ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT ILLILAND KAREN K to wit: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 16th , 2005 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: So ans Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 06/16/2005 JAMES SMITH DIETTERICK CONNELL Sworn and subscribed to before me this dlzk day of ,260.5? A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania CEDG Inc VS. John G. Gilliland et al SERVE: Karen K. Gilliland No05-2785 civil No. Now, June 3, 2005 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to the contents thereof. Sworn and subscribed before me this day of 20 20_, at o'clock M. served the _ copy of the original So answers, Sheriff of COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania CEDG Inc VS. John G. Gilliland et al SERVE: John G. Gilliland No. 05-2785 civil Now, June 3, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 20_ 20, at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff CEDG, Inc. 2785 Vs. ohn G. Gilliland and Karen K. Gilliland Now, the 7th day of June Writ of Summons Term:2005 2005 at 1328 A.M./P.M. I served the within ohn G. Gilliland and Karen K. Gilliland 1 War Path, Warriors Mark, PA 16877 upon at by handing to John G. Gilliland, personally and as husband of Karen K Gilliland ton true and correct copy/copies of the within Writ of Summons the contents thereof. and made known to fohn So Answers, Sworn and subscribed to before n+ this day of [{?? 20;OS D. William G? hris?tlotepxher f K. Skipper Chief Deputy/Deputy ublic , Costs: Public Rec. & Doc. 'n County 21, 2006 Service m?Notaries Mileage/Postage Surcharge Affidavit Miscellaneous Total Costs $9.00 --Unu $20.64 $3.00 $47.64 Paid CEDG, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V. : NO.: 05-2785 JOHN G. GILLILAND and Jury Trial Demanded KAREN K. GILLILAND Defendants PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Matthew Chabal, III, Esquire of James, Smith, Dietterick & Connelly, LLP. in the above matter. JAMES, SMITH, DIETTERICK & CONNELLY, LLP. By: Matthew Chabal, III, Esquire Attorney I.D. No. 89705 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Plaintiff, CEDG, Inc. NESTICO, DRUAY & By: Y6thony J. Nesti , E ire Attorney I.D. No. Richard B. Druby, Esquire Attorney I.D. No. 61904 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 L.L.P CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire of the law firm of Nestico, Druby & Hildabrand, LLP, hereby certify that on the 31" day of December 2007, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: John G. Gilliland and Karen K. Gilliland 1 War Path Warriors Mark, PA 16877 F? Richard B. Druby ? " -tr v L 7 Cam, -'3 i ?C - CW ? 1 ..-? '' v ? ^S ? ? .?: ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC. CIVIL DIVISION Plaintiff, NO.: 05-2785 V. JOHN G. GILLILAND and KAREN K. GILLILAND Defendants. : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDE, INC. Plaintiff, CIVIL DIVISION NO.: 05-2785 V. JOHN G. GILLILAND and KAREN K. GILLILAND Defendants. : JURY TRIAL DEMANDED 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 accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia 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 accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion 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 O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGIUR 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 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC. Plaintiff, V. JOHN G. GILLILAND and KAREN K. GILLILAND Defendants. CIVIL DIVISION NO.: 05-2785 JURY TRIAL DEMANDED COMPLAINT Plaintiff CEDG, Inc., ("CEDG") through its counsel, Nestico, Druby & Hildabrand, LLP, respectfully files this complaint as follows: INTRODUCTION 1. This is an action for the breach by the Defendants John G. Gilliland and Karen K. Gilliland of a contract for the surveying and engineering work related to subdivision projects known as Gillbrook I, II, III and Arbutus Subdivisions. CEDG performed certain surveying and engineering work for the subdivision projects pursuant to the written Agreement (as hereinafter defined) which the Defendants have failed and refused to pay CEDG. THE PARTIES 2. Plaintiff CEDG, Inc. is a Pennsylvania corporation with its principal place of business located at 5000 Ritter Road, Suite 203, Mechanicsburg, PA 17055-4828. 3 3. Defendants John G. Gilliland and Karen K. Gilliland are individuals whose address is 1 War Path, Warriors Mark, PA 16877. VENUE 4. Venue is proper in Cumberland County pursuant to Pa.R.C.P. No. 1006 because Cumberland County is a county in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. FACTUAL BACKGROUNG 5. The Defendants began certain subdivision projects known as the Gillbrook I, II, III and Arbutus ("the Projects"). 6. Defendants requested CEDG provide an estimate to complete the engineering services required for the land development subdivisions for the Projects. 7. On or about February 9, 2005, CEDG submitted a written proposal to the Defendants stating it could complete the engineering services required for the Projects for approximately $70,724.25, plus additional costs for surveying work and reimbursable expenses. 8. Defendants accepted CEDG's proposal, and the parties entered into a written contract on or about February 14, 2005. ("Agreement"). A true and correct copy of the Agreement between CEDG and Defendants is attached hereto and made a part hereof as Exhibit «A„ 4 9. CEDG performed the surveying and work under the Agreement and invoiced Defendants for same. 10. To date, CEDG issued invoices for the total amount of $55,846.47 for engineering work, surveying work and reimbursable expenses that CEDG incurred in performing the work on the Projects, which Defendants have failed to pay. 11. On May 18, 2005, CEDG sent the Defendants a letter demanding payments of the amounts due under the invoices. A true and correct copy of the letter from CEDG to Defendants is attached hereto and made a part hereof as Exhibit "B". 12. CEDG completed the foregoing work in accordance with the parties' Agreement and fulfilled all of its obligations in connection therewith. 13. Despite repeated demands, the Defendants have failed and refused to pay CEDG the $55,846.47 balance owed to CEDG for the work CEDG performed under the Agreement. COUNTI Breach of Contract for Surveying and Engineering Work Services 14. Paragraphs 1 through 13, above, are incorporated by reference. 15. CEDG and Defendants entered into the Agreement whereby CEDG was to perform certain engineering and surveying work for Defendants for the Projects. 16. The Defendants' failure and refusal to pay CEDG the $55,846.47 owed to CEDG for its work constitutes a breach of the Agreement. 5 WHEREFORE, CEDG, Inc., respectfully requests the Court to enter judgment in its favor and against the Defendants John G. Gilliland and Karen K. Gilliland, and to award Plaintiff $55,846.47 plus interest, statutory penalty, and expenses, including attorneys, fees, and all other relief to which Plaintiff is entitled. COUNT II Unjust Enrichment 17. Paragraphs 1 through 16, above, are incorporated by reference. 18. In the alternative, to the extent it is determined that the work CEDG performed was not performed pursuant to the Agreement, CEDG is entitled to payment under the doctrine of unjust enrichment. 19. CEDG conferred a benefit on the Defendants to CEDG's detriment without any corresponding exchange of value. 20. The Defendants accepted and retained the benefits conferred without payment. 21. It would be inequitable for the Defendants to retain the benefits conferred without payment. WHEREFORE, CEDG, Inc., respectfully requests the Court to enter judgment in its favor and against the Defendants John G. Gilliland and Karen K. Gilliland, and to award Plaintiff $55,846.47 plus interest, statutory penalty, and expenses, including attorneys, fees, and all other relief to which Plaintiff is entitled. 6 COUNT III Pennsylvania Contractor and Subcontractor Payment Act 22. Paragraphs 1 through 21, above, are incorporated by reference. 23. The Defendants' conduct is in violation of the Contractor and Subcontractor Payment Act, 73 P.S. §§ 501 et. Seq. (the "Act"). 24. Except as otherwise agreed by the parties, if any progress or final payment to an engineer is not paid within seven days of the due date, the owner shall pay, beginning on the eighth day, interest at the rate of I% per month or fraction of a month on the balance that is at the time due and owing. 73 P.S.§ 505 (d).. 25. Although an owner may withhold payment for deficiency items, the owner shall pay for any item which appears on an invoice and has been satisfactorily completed. 73 P.S.§506 (a). 26. All work for which CEDG invoiced the Defendants has been satisfactorily completed. 27. If an owner withholds payment for a deficiency item, the owner shall notify the engineer of the deficiency item within seven calendar days of the date that the invoice is received. 73 P.S.§ 506 (b). 28. The Defendants have not notified CEDG of any deficiency items. 29. The Defendants are improperly withholding payment from CEDG. 30. The Defendants do not have a reasonable or good faith basis for withholding any amounts from CEDG. 7 31. The Defendants have failed and refused to pay CEDG for items which have been completed satisfactorily for more than seven days. 32. The Defendants did not notify CEDG of deficiency items within seven calendar days of the receipt of the invoices. 33. Since CEDG commenced litigation to recover payment due under the Act, the Court shall award, in addition to all other damages due, a penalty equal to 1 % per month of the amount the owner improperly withheld. 73 P.S. §512 (a). 34. CEDG is entitled to be awarded a reasonable attorney fee and expenses. 73 P.S. § 512 (b). WHEREFORE, Plaintiff CEDG, Inc., respectfully requests the Court to enter judgment in its favor and against the Defendants John G. Gilliland and Karen K. Gilliland, and to award Plaintiff $55, 846.47 plus interest, statutory penalty, and expenses, including attorneys' fees, and all other relief to which Plaintiff is entitled. DEMAND FOR JURY TRIAL Plaintiff demands a jury trial of all issues triable by0e a jury. NESTICO, Date: By: Anthony J. Nestico, quire Attorney I.D. No. 588 8 Richard B. Druby, Esgt ife-" Attorney I.D. No. 61904 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 L.L.P. ' FER-14-05 U 03:68 PH CEDB FAX NO, 7178918055 P. 01 yl r_ t N p ? ev' X001 ,ICEDG I j, . Fcbmary9, 2005 444t µ 4,(n? 0( ? ,?' ?o ??• Vi dt ?l ? us Mr. John G; Gilliland 6) 401 4'- b 1 J4 Ito I War Path 4r)l tea ' 04.0 iy1 Warriors Mark, PA 16877 1Au 0 4O tai G `0`?1 Re: Prop(mi for Civil Engineering Services t?t ?? fr ° rs"" 1 Gillbrook 1, Gillbmok 11, Gillbrook III nd Arbutus Subdivisions, CEDG P%footNo. OSP026E ?a4j ?v? ?S 14 AAo; 0,31 L4i Dear Mr, Gilliland: q VAL 0/ j4 In response to your request far proposal for the above ream eW projects, CEtX;i, Inc, (CBDG) is ploaaed to submit this proposal to you (Gilliland) for Civil engineering services. The roquired scrvicos are based on CEl)G`s understanding of the pro*t. SCOPE OF WORK L Regulatory Agency Approvals A. CiUhrook I 1. PreliWaary GMhrook gubdiviWon plan - CEDG has received wnditional approval from the Planning Commission as well as final Preliminary Plan cotnt»ents from the "Township Enuineetr 11 we comments will be addressed prior to meeting with the Board to receive approval. I Erosion Control ApprovaltNPDES permit - CF,DG has received c onlywhI8 bin the Conservation District. Theses comtncrits will be addresad and an Erosion Control Plan/Namati_ve and Post Construction Stormwater ManagemeInt Narrative will be prepared and re:.wbmittaL 11is subdivision is part of the NPDES permit boundary; themfmA all Erosion and SaIimcntation comments for all subdivisions within this }emit boundary will be addressed under this task in order to receive a ponWt from DF,P. The NPDBS Ptrnit Boundary includes Gilibrook I, Gillbrook 11, Gillbrook Ili, Arbutus, Hickory Ridge I, Hickory Ridge It and the Hung Property. 3. PenttDOT Approvals - 0003 has meat with PennDO T and W) supply them with tho additional two sets of plans requested; (l) right-of-way soquisition/tIcMeation plans and; (2) intersection re-alignment plans aawciatad with the Thy Hollow ltoadlGilly Lane intersection. CEDG will also address the cominonts received on the Highway Occupancy Permit Plans for the new Oillbrook Lane and Single Family HoinC driveways. (T,-.DG, Inc. • 5000 Ritwr Mad, $Ww 203 - -Axhcuticdxm-U, PA 11055 - Tel: 717.691,9010 - Fax: 717.691.1tW • www oc%mat O-WO5 MON 03:56 PH CEDG FAX NO, 7176818055 P. 02 a Mr. John CAlliland February 9, 2005 Pago 2 of 7 4. Within three weeks of tho execution date of this contract, CEDG will provide a list of tasks along with an accompanying schedule for complodon. R. 0111brook If 1. Freliminary Subdivision Plan - CEDG has received conditional approval from the Planning Commission as well as final Preliminary Plan comments from the Township Engineer. These comments will be addressed prior to meeting with the Board to mccivo spproval. 2. P'luening Module- The executed Planning Module Itas been received from tho Township SED. CEDG will obtain the Board's execution of tho module and submit it to DEF for approval, 3. PeauDOT Approvals - CEDG has received and will address PartDOT's comments on the Highway Occupancy Plans for the new Single Family Borne Driveways along Dry Hollow Road. . - C. Gillbrook III 1. Preliminary Subdivision Plan - CEDG has received prdiminw7 PJut comments froin the Township Englaocr_ Thexe comments will be addressed prior to meeting with the Board, All n%tssatypennits and aMvvais will also be obt9ned. 2. Planning Module - CEDG will address all comments received fhrm the Township SE4. CEDG will confirm that no pore and probes are within 100, of depressions that are of site. 3. PeanDOT Approv h -No FennDOT permit is required for this subdivision. D. Arbutus 1. Preliminary Subdivision plan. CEDG has received Preliminary Plan comments from the Township Engineer. These cornnu nts will bo addressed prior to meeting with the Board. All necessary ponnits and approvals will also be obtained. 2. Planning Modulo - CEDG will address $11 comments received from the Township SEO. CEDG will ccmfnn that no penes and probes arc within 100' of depressions of sires 3. Pennmr Approvals -No PcnnDOT permit is required for this subdivision. ...r FEB-14-05 t'IaN 03.56 Ph CEDG -Mr. JohaGillilsad Nbruary 9, 2005 Page 3 of 7 FAX ND. 7176918055 P.. 03 COMpSNSATION 'rho fees associated *ith the scope of work as described above are as follows; A. a11lbrook I ................... ............. ........,,............................. ,..................... ...510,120.50 S. Oil brook TT...... ...................................,............................,,......................S 5,993.75 C. Gillbrook Ill ....................... ........................ ............... ............................. ,$ 23,610.00 0. Arbutus ........ ......................... ...... ............................................................. 5 31,000.00 Grand Total ......... S 74,124.25 CEDO will perform tho above stc?tal secviM for a lump sum fee of 570;724.25. The above noted services shall be provided in aecondaaace with the attaches! Terms and Conditions. Retrabutsmble cxpenscs am in addition to the foe compe?asation for "necring somees include oxpenscs Incur, by CEDO and CWO"s employees : Petmit applications fete an not included in this proposal. nis work may he authorized by signiuig the apaw provided at the end of this proposal and returning a copy of the signed contract with odginal signature. I. Additional Services A. Tn the event that the performance of services not spocil;cally provided for it, this scope am rogoested by Gilliland, the Owner, a replatoWroviewing agency or any othor entity authorized to make such a request, then the hourly rtes shall apply conditionod upon written authorization from Gilliland. A. A chango in design concept following approval of the preliminary plats by the Towttshgr will be considered a change i,t scope of services and CFoG will be ontitled to additional eompenuation at the rates herein specified. C. Changes to design c]odcs, regulatory rcguimnents of agency approval prooedurca enacted after the date of this proposal will be considered a change in the scope, of aerviom CEM will be entitled to additional compensation at the rates herein specula D. If additional work or Masigre of completed work is required to comply with the new mgulations, CEDO will be entitled to additional compensation at the rates herein sp oificd. E. 'T'his proposal does not includo the design of retaining walls, pnrap stuns, off-site dMinage, off-sits water, off-site sanitary sewer, off-site street improve MCAU, trafflc signals, and landscape irrigation. ?? f f !'' % f. A, o-dJd-7PAt 4.a c? eri +o nzt? t 'c??• Vie, a" 02/15/2005 01:34 814632 '6 JOHNGGILLILAM FEB-15-05 T'JE Oi:31 Fit '. "DG *HS (vu, r t e moo ?`? 01 FFA-ta-O? MR Q3i57 Pn CEDO FAX W. 7111& MOSS P. 04 Mr. John i}I(illond Febm&y 9. low Pngv4of 7 R. -Mfg ptat+oatd does not inolndo bidding tssiatltteo, specitToat ptttstinn, aanttruatfon abutvatian, coaatructlori sittkem,t or aaaatr4atten tnonegorr 17. This ptaPoSat dit not 1,11da d silo ctsv Ofmat p it end reviow f am H. CF.DO wii! fw. pafarm any sodtami Kuria" 0owde of tba FOROed g" d Wank :u dott tt6txi hefein without prbrwrit.0% ¦udiarbraltctt Pram Joan t;NlHtaW. CfitDU wilt ostsbifelt a Id, c4je for tho Lind Devaopm" Poem MW will Wtt Wilk ym to maa the IdmWe" CMK' haa,iv *rot over tttc mlarr thus f!br MW will we& closely with tho L* to expedite the my1mv C? ??? yaur constderadbA of out f,mt wdi totwmd to workas with m on tots tps hoc °Ay quaa alit or rcqufm sdditiorot iaromvdon,,!cuss do 0401sa tttte to coi ns. 1f you hone say 4valtiaos or Mtdlv 80004 infofitIOGN pleaac do not holtaty to control uF. .?f V" tmty youa, Lip-OcA INC, fid . set a, r ""? nt ?!?f,L\ prot+ttt by: clttco ?? '? I`tt S -9;404 .4 -/ 44.05` Data 4-D t1,r ? ? ? c? ?c• c yc?orv? dM 13Ctt3SU-1 dH &I =St 2002 *T H3-4 W John Gilliland February 2, 2005 Page 5 of 7 TFWAS AND COMMONS CEDG, Inc. shall perform the services outlined in this agreement for the stated fee agreemnt. Client Responsibilities In connectim with and, if applicable, as a condition of our ptaf x mane of the Services, you agree to (a) provide us s>Adies, n concerning your requirements and copies of all existing drawings, reports, ad other data pertaining to this protest; (b) provide us with the access to and make for our entry onto pdbhc and/or private pwroperty if necesw7 for the rendering of the services, (c locations of sabter-anean structures and utilities, and (d) famish required information to us as promptly as necessary for the orderly Pmgreas of our per6onnanoe of the services. We are entitled to rely on the accmacy and coniplateness of all infar?matioa provided by you: F The total foe, except stated Imp sum, shall be understood to be an estimate, based upon Scope of Services, and shall net be exceed4 without stall be those that prevail at sthe ervices m rewh= the fee - is to be on an ndered. Re expenses are Sao basis, the rates a stated fees. Umbursable expenses include, but are nAt limited to: travel and living expanses of CEDG eatployees when engaged at Client facilities away from their home office, long distance telephone charges, belegra fax patsgq charges for the folMwsng: minting. rapmoduction, deattoario data processing in acocadiace standard rates, and the services of outside consultants or specialists, at cost pkaa--ty pwiaat{3 pis VYtt?,$'?' ` -0ViJe-0( -PW 1''?.lr+^? ksc?ssGtr+u? ' /71Y hl"xces will be 013=11ed monthl)? for services rendered and reimbursable mpenses. Invoices shall be due and payable within 30 days after the invoice date. without waiving any claim or tight against Client, and without liabty whatsoever to the Client, CEDG reserves the right to terminate the performance of the service and withhold any documents for accounts taopaW 60 days after the date of invoicing. Client shall not withld payment of fees to dw Engineer for say reason upon CEDG?s completion of stated services. CWG reserves the tight to Apply .a service clyarge of 1.5% (or the legal rate) per mouth on any unpaid balance past 30 days. In the event a oaoon of an account remains unpaid 60 days after billing, the Client shall pity coat of collection, including le attonreys' fifes associated with collection by CEDG. If Client contests and invoice, Client may withhold only that portion of &e payment contested and must pay the undiaptaed portion until the contention is resolved. The Client shall indemnify and hold harmless CEDG and all of its personnel from and mains any and all claims, damages, losses and expenseX= ng reasonable attorneys fees) arising out of or rnsultmg from the C negligent of the services, provided that claims, damage, loss or expense is caused in whole or in part by the negligent act or omission and/or strict liability of the Client, anyorm directly or indirecdy employed by the Client (except CEDG) or anyone far whose acts any of them may be liable. Services under this Standard Contract expressly exclude any and all services which are directly or indirectly related to the discovery, reined stion, transport, disposal, storage or treatment of any oil, hazardous, radioactive; nixie, irritant; pollutant or otherwise dangerous substance or conditions at the site. Hidden Condi 'nn¢ A condition is bidden if concealed by existing finishes or if it cannot be investigated by reasonable visual observation. If CEDG has reason to believe that such a conditicsm may exist, CEDG shall notify the Client who shall anihorire and pay for all costs associated with the invest)gatiQ4 of-such a condition and if necessary, all costs necessary to correct said condition. If (1) the Client fails to au{foriae such investigation or eonvetion after due FES-14-05 WN 03;57 FM -CEDC Mr. John ©URIand February 9, 2005 faso6of7 asdoaiatad with this condition, da magea to per tiorw or property, Lti??llt4 FAX NO. 7176918055 F. 08 and CMQ shall not be responsible for the existing condition trot any retaslting Ci:FXI ittalaa hu Profs rioaal Liability, (metal Liability, turd Worken' Cotttpensation Insaraitcd. Ou request, CEDG w"' lkrnish Client certif%Ad0`of ntswsace. CWG abAD not be m*nsible for MW loss, damage, or liability beyond rho amounts, limits, am ooaationt of such Ittsuratteo. Rt?l Atflncutl4ll In recognition or Hits relative risk.% rowar& sad boof is of the prqeot to both the Client and CEDG, the ditks havo beat allogated so that the C16U upaees that, to the tritest a wd pcradtted by law, CEDG's fatal liability Ia the Client, for arty and all inj c1nit it, losses, expenses, damages or claim expaws wbistg out of Mn ageennw, €wm any cause or causes, alra I trot weed the amount of CFMOG's fee. Such causoa include, but at not lhttited to: CEM* a gg+?, orxnrs, ania. m. artier liabilt'ry, broach of Coguract or bmwb of ncy, Pritseipsb Mad euipby??c s of GtiDG Shall pave ao rum vtml liability fur se?loaa renkn;d ender Wis agra:nwnt, CEpG shall not be liable on any bovis lbr the Clieties lose of proft delay, damages, or any special or conaultsartial daatagt:s of any type- Tcmtin9tioao?',qor .AMi Mmeat This ago mart insy be 101talnated upon 10 days written notice by eitbor " should rho other lhil to perform his obllaMtlims hrt Bader. In the event Oftrxmfitatieti, the Client shall pay CEDO for all services rooderiA to the date of t=tinatlon. alt retlubarsablc expenses, and reasortabto taMIM104 expcaatea. Neither party altaIl assign this atreft ent tri ilwthw wifut the prior written consont of bolt partial Atprods Cd DG and thi" a re m?pt hall irntain property of C DQ ate tt?y not b? use by t aor any of vor written ao without sal of staednrd of t -R.. v?O?k- [ iP n o We will perform the stnvicesi with the care aik! skill ordiauty used by members of racdcirtg in-dw same or siAaihrr locality. It our services fail to conform to this sundard, we will, at oar either aotroci or wtrtku to bo Corrected the ttoneonftxtning servicor, or reimbursu you for do price of etch sardem AS-Vowuly in Qtc cwcnl that am provisions herein shall be devoted invalid or uwaftirecable, The other provisions her eof altcill rerttain in die full three and errwk and bhu ing upon the parties heroes. &MA lca6 a Law Unless otherwlxe specUlW, this aprcernent shelf[ be govamad byiho Iaws ofthe Conunonwealth of Pettnsylveniti. nmT'1d-u5 irlu ue;oc rm Ut:UU ?AX NU. (1l6818Ubb F. 02 c+e des4,n group Via Fax May 18, 2005 Mr. John Gilliland 1 War Path Warrior Mark, PA 16877 Re: Gilliland Subdivisions Dear John: As you know we reached an agreement with you in January to resolve your concerns regarding your projects. This agreement involved considerable fee concessions on our part. We did this in spite of the fact that the fees previously billed were earned, and based on your assurances tLit payment on our invoices would he timely from that point forward. David Pike and I have lefl several messages regarding the outstanding balance on your account, with no reply. A copy of the Accounts Receivable ledger is attached. We would like to re-deploy staff resources to your project but cannot until the balance is cleared. Additionally, since you have not responded to our repeated calls, I must assume that you have no intention of resolving this smatter. Although we prefer to resolve the matter without going through legal process, if we do not hear from you by Friday May 20, 2005, we will be forced to engage counsel to collect the outst,'Uyding balance. Ple,ue contact inc to resolve this matter. Sincerely, CIVII, AND ENVIRONMENTAL DESIGN GROUP Carl, J. T)avis CFO CJD\E)b Civil & Environmental Design Group 5('A70 RitfiWr R Od, SUIrr 203 Mochtrnlcsourq, Fin 17055 • Tel 717.691,6050 • Fox 717.691.6055 i in, o u:.r i nu uc • 0o rl-I ut UU FAX NO. 7176918055 P. 03 Detail Aged Accounts Receivable Report Order By. Client (Open items onl ) Civil Environm P i l ental Design Group Pa e 9 1 y ProjQCt Sort By- . Project ID r nc pal: - 27.2227J1 As oL• 05/18/2005 Project Manag er: e AN Aged By: Due Data Client: GILLI L - GILLILAN Project: - ZZZZZZ2 AR Accounts: 13000 - 13000 Project Invoice fl Post Date Duo Date Journal Ref # Telephone # Contact(s) Inv Amount 030135.01 Gilliland•Gilbrook 0. 30 31- 60 61 • QO 91 - 120 121+ 20042071 03/75/2005 03/25/2005 SJ 2980 1 654 57 John 0. Gilliland 20042133 0429/2005 04/29/2005 SJ 3001 . . 1.654.87 442.13 442.13 Balance Duo 03059.01 Gilliland-Gilbrook if 2,096.70 442.13 1,654.57 0.00 .?. 0 00 - -,- 20042017 02/28/2005 02/28/2005 SJ 2`353 John G. Gilliland . 0.00 20042017 04/1 U2005 CI: 1345 2,996.88 2.996.38 20042070 03125/2005 03/2512005 SJ 2979 -1,853.38 -1,853.38 20042134 04/29/2005 04/29/2005 SJ 3002 2'411.54 2,411-54 438.34 438.34 Balance Duo 04014.01 GLUland-Gillbrook ill „ .. 3.993.333 ---- 438.34 2,411.50 - ? 11143.50 0 00 20041967 02/28/2Q05 02/28/2005 SJ z9?s John G. Gilliland . 0,00 200420(7)9 0 3/25/2005 03/25/2005 SJ 2978 11 ao?.oo 11.805.00 20042135 0.112912005 04/29/20011 Si 4.722. 4,722,00 3003 4,932.84 84 4,932.e4 --_ Balance Duo 04015,01 Gilliland-Arbutus 21,459.84 4,932.84 -- 4,722,00 i 11,805.00 0 00 20041966 02/28/2005 02/28/2005 SJ 2955 John G. Gilliland . 0.00 20042065 03/25/2005 03/25/2005 SJ 2977 15,500.00 15,500.00 ti 12,400.00 12,400.00 Balance Due_ Cllent GtLLtLAN John G. - Gilliland 27,900.00 ? - ? 0.00 12,4 - 00.00 " ' 1 ,500,00 - 0 00 --? X5.449.92 ,813.31 21.183.14 . 28,448.50 0 00 0.00 Grand Total 55,449.92 5,813.31 21,188.11 . ----------- 28 448 50 0.00 --- , . 0.00 0,00 Run Data RA ... e ARRPTA_FRY VERIFICATION I, Todd Stager, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Todd Stager CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 6thday of June, 2008, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: John G. Gilliland and Karen K. 1 War Path Warriors Mark, PA 168' B. Druby, 4 N ( pry'' co David D. Bue(( Prothonotary KirkS. Sohonage, ESQ, Soficitor Renee X Simpson I" Deputy 1tothonotary Irene E. 94orrow 2"d Deputy ln'rothonotary Office of the Prothonotary Cumber(and County, 1Tennsy(vania D5-',922! R7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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 9 Suite 100 e Car(s(e, P,4 17013 9 (717)240-6195 * Ea-V(717)240-6573