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HomeMy WebLinkAbout05-5131 II I ERIC DIFFENBAUGH SURVEYING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- 5/31 CIVIL TERM A& L, INC. : CIVIL ACTION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of 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 OUT WHERE YOU CAN GET LEGAL HELP. Southwestern Pennsylvania Legal Aid Svcs. 10 W. Cherry Street Washington, PA 15301 (724) 225-6170 Washington County Bar Association Washington Trust Building 30 E. Beau Street, Ste. 523 Washington, P A 15301 (724) 225-6710 ~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 05- .,5/3/ CIVIL TERM : CIVIL ACTION - LAW ERIC DIFFENBAUGH SURVEYING, Plaintiff A& L, INC. Defendant COMPLAINT 1. Plaintiff, Eric Diffenbaugh Surveying is a sole proprietorship owned and operated by Eric L. Diffenbaugh, a Professional Land Surveyor whose address is 25 Broad Street, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant, A & L, Inc., is a Pennsylvania business corporation with its principal place of business located at 4201 State Route 51, Belle Vernon, Washington County, Pennsylvania, 15012. 3. At all times relevant hereto Plaintiff, Eric Diffenbaugh Surveying was a sole proprietorship owned by Eric L. Diffenbaugh, Professional Land Surveyor, which was in the business of providing professional surveying services to the Defendant and other similarly situated businesses. 4. In June 23, 2003, Plaintiff and Defendant signed a Purchase Order dated June 3, 2003 calling for Plaintiff to provide surveying services to Defendant for its project at the HIA (Harrisburg International Airport) Taxiway. The terms stated on the Purchase Order are "Net 30" (days). See Exhibit "A" attached hereto. 5. The services contracted for in the Purchase Order were performed by Plaintiff between July 11, 2003 and February 11, 2005, which services were invoiced to the Defendant on several separate invoices dated from August 22,2003 to February 10, 2005. 6. From the date of the Purchase Order through today, Defendant never contacted Plaintiff with any complaints or concerns about the work performed or the invoices received. 7. On May 5,2005, Plaintiff wrote to Defendant, who had not paid for the services provided by Plaintiff, requesting that nine (9) invoices be paid in full. See Exhibit liB" attached hereto. 8. Defendant never responded directly to this letter. 9. Defendant has remitted payment for four of the subject invoices, but presently is delinquent for five (5) invoices, nos. 2842, 2952, 2999, 3024, and 3040, totaling $17,542.75, copies of which are attached to this Complaint as Exhibit "C". 10. Despite additional demands from Plaintiff's Attorney, the above sum has remained unpaid as of the date of this Complaint. WHEREFORE, for all the above reasons, the Plaintiff, Eric Diffenbaugh Surveying, respectfully requests judgment in its favor in the amount of $17,542.75 plus interest through the date of trial and the costs of suit. Respectfully Submitted TURO LAW OFFICES .Q~- Q/3o/05: Date f son, Esquire ~ PURCHASE ORDER TO: 4381 ERIC L. DIFFENBAUGH 25 BROAD STREET NEWVILLE, PA I Order Type NEW ORDER Ship Date 00-00-00 Name of Contact ERIC DIFFENBAUG I>> Contact Fax Number >> SEQ STOCK-NUMBER 1- PROVIDE 2- FOLLOWING RATES 3- ONE MAN FIELD 4- TWO MAN FIELD 5- OFFICE TIME FOR 6- A LICENSED 1. CADD TECHNICIAN 8- ETC. IF REQUIRED 17241 Date Needed 00-00-00 Contact's phone ( 717) 776-6420 (717) 776-9277 DESCRIPTION A & L, INC. 4201 STATE ROUTE 51 BELLE VERNON, PA 15012 (724)929-2125 FAX-3011 SHIP TO: Requisitioned By: MIKE THOMAS Terms NET 30 P.O. For Job: 30600 HIA AIRPORT TAXIWAY QTY ORD SURVEYING SERVICES AT THE CREW AS NEEDED AS REQUIRED BY A & L, INC. CREW AS NEEDED COMPUTATIONS AND CUT SHEETS BY SURVEYOR OR ENG. IF REQUIRED FOR AS BUILT OR TOPO. DRAWINGS, TAXABLE AMOUNT: .00 @ EXHIBIT I "A'I 1.000HR 1.000HR 1.000HR 1.000HR 30600 HIA AIRPORT TAXIWAY HARRISBURG, PA FOB JOB AS NEEDED P.O. For Customer: UNIT COST 65.0000HR 77.0000HR 45.0000HR 38.0000HR SUBTOTAL .000\ SALES TAX P.O. TOTAL PURCHASE ORDER NO. REVISION: 30605: PURCHASE ORDER DATE 06-03-03 PAGE: 1 EXTENSION 225.00 .00 225.00 Ship Via BEST WAY For: JOB CODES 65.00 030600 001705 6 77.00 030600 001705 45.00 030600 001705 6 38.00 030600 001705 6 ~ PAGE: 2 PURCHASE ORDER 306-055 ~ INDICATED QUANTITIES ARE ESTTh.1ATED. ACTUAL QUANTITIES WIll BE AS REQUIRED BY A & I., INC. FOR THE PROJECT. ~ RATES FIRM FOR THE DURA nON OF THE PROJECT. ~ CERTIFIED PAYROLL REQUIRED. ~ ALL RATES ARE FOR ON THE JOB TIME ONLY (TRAVEL TllviE WILL NOT APPLY). - FOUR (4) HOUR l\.4INJ1\,1UM FOR FIELD CREWS ONLY. - RATES INCLUDE ALL REQUIRED MATERIAL AND EQUIPlv1ENT NECESSARY TO PROVIDE THE SERVICES REQUIRED BY A & 1., INC. - ERIC L. DIFFENBAUGH WilL BE REQUIRED TO COMPLY WITH THE HARRISBURG INTERNATIONAL AIRPORT DRUG AND ALCOHOL FREE WORKPLACE PROGRAM AS SPECIFIED IN THE PRllvlE CONTRACT DOCUMENTS. - ERIC L. DIFFENBAUGH WILL BE REQUIRED TO COMPLY WITH TIlE OWNER CONTROLLED INSURANCE PROORAM AS PER THE PRIME CONTRACT DOCU1v1ENTS. - . ERIC L. DIFFENBAUGH MUST COMPLY WITH ALL FEDERAL, STATE, LOCAL AND CONTRACT SAFETY REGULATIONS. - PURCHASE ORDER NUMBER REQUIRED ON ALL CORRESPONDENCE AND INVOICES PERTAINING TO TillS PURCHASE ORDER INVOICES SUBMITTED WITHOUT A PURCHASE ORDER NUMBER WILL BE RETURNED UNPROCESSED FOR REBILLING. TERMS AND CONDITIONS ACCEPTANCE: This Purchase Order is effective on acceptance by the Supplier, subject to the rights of cancellation set forth in Paragraph 2. Acceptance of this Purchase Order by Supplier is hereby ~xpressly limited to the terms set forth herein. Supplier is hereby notified in advance of A & L Inc.'s objection to any proposed additional or different terms and conditions. CANCELLATION: A & L Inc. shall have the right to cancel this Purchase Order, in whole or in part, and without charge or expense. If (a) the awarding authority or architect does not approve of Supplier as qualified supplier, materialman or subcontractor or of Supplier's submittal drawings, submittal data, materials or equipment, or (b) if Supplier breaches or fails to observe strictly any of the terms and conditions of this Purchase Order, including without limitation of obligations to ship and deliver materials or equipment as directed by A & L Inc. (a) Return Privilege: In the event that Supplier is to furnish goods which are standard catalog items as of the date of this Purchase Order, A & L Inc. shall have the right to return to Supplier. Supplier shall refund to A & L Inc. or credit against the unpaid amount hereunder the purchase price of such returned items. COMPLIANCE WITH CONTRACT DOCUMENTS: The Contract Documents for the project specified are incorporated herein by reference. Materials and equipment furnished under this Purchase Order shall comply with and be manufactured in accordance with all the applicable provisions of the Contract Documents and approved submittal drawings and data. No deviation from the Contract Documents shall be permitted except with the prior written approval of both A & L Inc. and the awarding authority. OPERATING & MAINTENANCE MANUALS: Supplier shall furnish sets of operating and maintenance manuals to A & L Inc. within weeks from the date of approval by A & L Inc. of the submittals. If there are no operating and maintenance manuals for the equipment and materials furnished, Supplier shall furnish to A & L Inc. additional copies of the approved submittals. (a) Operating & Maintenance Instructions: Supplier shall furnish qualified personnel, without additional cost to provide on-site operating and maintenance instructions and supervision to representatives designated in the Contract Documents, or in the absence of such designation therein, to representatives designated by A & LIne. RELEASE OF EQUIPMENT: Upon written release by A & L Inc. purchasing department of the materials and equipment for fabrication, Supplier must notify A & L Inc. purchasing department production cycle shipping schedule and DELIVERY FORTY-EIGHT (48) HOURS IN ADVANCE OR A & L Inc. RESERVES THE RIGHT TO REFUSE SHIPMENT, if transportation or delivery requirements cannot be maintained, Supplier must notify ~ & L Inc. immediately. SHIPMENT AND DELIVERY: Each shipping crate, package, or other shipping container shall be plainly addressed as shown on the "SHIP TO" section of this Purchase Order and marked with this Purchase Order number and special project, tagging as required, and shall have two (2) copies of packing list in securely attached weatherproof envelope. Supplier shall ship all materials and equipment in a manner as to facilitate unloading. If difficulty is experienced in unloading, A & L Inc. shall be entitled to backcharge for expenses incurred. Where open-top trailers are required, compliance with such requirement is mandatory. Delivery of each shipment shall be made when and as directed by A & L Inc. with respect to delivery of the specified equipment and materials, time as directed by A & L Inc. is of the essence. RENTED EQUIPMENT: If this Purchase Order is issued to rent or lease equipment, material or other articles (hereafter referred to as "rented equipment"), all of the foregoing terms and conditions, unless specifically excepted, and the additional following terms and conditions shall apply. (a) A & L Inc. shall pay to Supplier as rent for the rental period the sums, adjustment as hereinafter provided as set forth on the reverse side hereof. rental period, A & L Inc. shall be responsible only for ordinary maintenance and such extraordinary repairs as caused by the negligence its agents and employees, and the responsibility for all other deterioration of the rented equipment shall be with Supplier. subject to During the preventative of A & L Inc., repairs to or (b) If the rented equipment should become inoperative through no fault of A & L Inc. the rent to be paid by A & L Inc. shall be reduced proportionately to down time period. A & L Inc. 's additional expenses, including operator costs and delay costs shall be credited against the rent payable hereunder. (c) A & L Inc. shall return the rented equipment at the end of the rental period as provided on the reverse side hereof. (d) If the rented equipment should be lost or stolen from A & L Inc. 1 s possession, A & L Inc. shall promptly upon discovery of the loss or theft notify Supplier and such notification shall terminate the rental period. A & L Inc. shall be responsible for only such protection of the rented equipment as is commercially reasonable and if it is found that A & L Inc., failed to provide such commercially reasonable protection, A & L Inc. shall be liable to Supplier for fair market value of equipment at the end of the rental period less (1) proceeds of Insurance thereon collected by Supplier and (2) that portion of the rental payments during the rental period which exceeds the depreciation of such equipment, as reflected on Seller's records for tax purposes. (e) In ~he event that the rented equipment proves unsatisfactory for A & LIne. 's purposes or :s no longer needed at the job site by A & L Inc., A & L Inc. may return the rented esrulI?m~mt and by such return, thereupon terminate the rental period and A & LIne. 's llablllty for future rent. Any terms or conditions, which are inconsistent with the terms and conditions of this Purchase Order, contained in Supplier's rental form or similar document shall have no force or effect and such rental form or similar document shall serve only as a delivery receipt. GUARANTEE: Supplier agrees that all materials and equipment furnished under this Purchase Order shall be in strict compliance with the Contract Documents and approved submittal drawings and data and that, for a period of time as called by the Contract Documents after acceptance by the owner or the materials, or for one (1) year whichever is longer, all materials, equipment and workmanship shall be free from defects. Supplier shall, at A & LIne. 's request, immediately remove, replace and/or repair, at Supplier's expense and at the convenience and to the satisfaction of the owner and A & L Inc., any such nonconforming or defective materials, equipment and workmanship. INDEMNIFICATION: Supplier shall indenmify and save A & LIne. harmless against any liability for damages and any loss and expense, including attorney's fees, sustained by reason of patent, trademark, or copyright infringement claims with respect to anything furnished under this Purchase Order, and Supplier shall defend any infringement action brought against A & LIne., and/or the awarding authority. TERMS OR PAYMENT; Payment of Invoices shall be according to the terms as stated on this Purchase Order. The payment period shall be calculated from the last day of the month in which the Invoice has been received. No charges shall be allowed for crating or drayage unless otherwise stated on the face hereof, and A & L Inc. shall be entitled to a service charge of ten dollars on each collected freight bill. INVOICES OR REQUESTS FOR PAYMENT WILL NOT BE HONORED UNLESS THEY ARE SUBMITTED IN TRIPLICATE AND THE PURCHASED ORDER NUMBER IS INCLUDED ON SAME. ADDITIONALLY, INVOICES WILL NOT BE HONORED UNLESS ACKNOWLEDGEMENT COPY OF PURCHASE ORDER IS EXECUTED AND RETURNED TO BUYER. As a condition to payment by A & L Inc. all Invoices must carry a certification that with respect to the production of the materials and equipment ordered hereunder. Supplier has fully complied with Section 12(a) of the Fair Labor Standards of 1938, as amended, and all other applicable federal, state and municipal laws, rules and regulations. Supplier hereby irrevocably waives all disclosures, notices, rights, claims, privileges and benefits under Act 7 of 1994 of the General Assembly of the Commonwealth of Pennsylvania known as the "Contractor and Subcontractor Payment Act," and the parties hereto agree that none of the terms and provisions of said Act shall apply to this Subcontract or the Work, payment or claims related to this Project. ~MEDIES: Where remedies and rights are specified for A & L Inc. hereunder they shall not be deemed exclusive but cumulative to all other remedies and rights of A & L Inc. whether arising under common law, case law, or statue, including the Uniform Commercial Code. ASSIGNMENT: Supplier shall not assign this Purchase Order or any part thereof nor subcontract the work or any part thereof without prior written consent of A & LIne. AGREEMENT AND MODIFICATION: The Purchase Order and the attachments hereto, if any shall constitute the entire contract between the parties, supersede all other written or oral agreements, and shall not be amended, modified, changed nor may any provisions hereof be waived except in writing signed by A & L Inc. SAFETY AND HEALTH: Supplier warrants that all materials and equipment furnished under this Purchase Order shall be in complete and strict compliance with all applicable local, state and federal safety and health laws, regulations and ordinances and Supplier agrees to indemnify and save harmless A & L Inc. from all claims, damages, liability, fines, penalties, assessments and costs including attorney's fees resulting from any noncompliance therewith. EQUAL OPPORTUNITY CLAUSE: A & LIne. is an Equal Opportunity Employer. hereunder, Supplier (contractor) agrees as follows: (a) The supplier will not discriminate against any employee or applicant for employment because of race, religion, sex, national origin, veteran status or disability. The Supplier will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, veteran status or disability. Such actions shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, layoff or termination, rates of payor other forms of compensation and selection for training including apprenticeship. The Supplier agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of the nondiscrimination clause. During the performance (b) The Supplier will in all solicitations behalf of the Supplier, state that all for employment without regard to race, status or disability. The Supplier will send to each labor union or representative of wor~ers with ,which he has a collective bargaining agreement or other contract of understandlng, a notlce to be or advertisements for employees placed by or on qualified applicants will receive consideration color, religion, sex, national origin, veteran (c) (d) p~ov~ded advising the said labor union comml tments under Section 202 of E t' Or workers, representatives of the Supplier I s notice in conspicuous places availa~~CUtlVe Ofder No. 1124 and shall post copies of the e 0 emp oyees and applicants for employment. The SUPP, lier will comply with all provisions of Execut;ve Order 11246 1 t ~ and of the rules, regu a lons, and relevant orders of the Secretary of Labor. (e) The Supplier will furnish all information and reports required by Executive Order 11246 and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of Investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Supplier'S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders this contract my be cancelled, terminated, or suspended in whole or in part and the Supplier may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 or rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Supplier will include the portion of the sentence immediately preceding Paragraph (a) and the provisions of Paragraphs (al through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 so that such provisions will be binding upon each subcontractor or vendor. The Supplier will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency, the subcontractor or Supplier may request the United States to enter into such litigation to protect the interests of the United States. AMERICANS WITH DISABILITIES ACT: During the term of this contract, the Contractor agrees as follows: (a) Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act, 28 C.F.R. 35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this contract or from activities provided for under this contract. As a condition of accepting and executing this contract, the Contractor agrees to comply with the "General Prohibitions Against Discrimination," 28 C.F. R. 35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through contracts with outside contractors. (b) The Contractor shall be responsible for and agrees to Indemnify and hold harmless the Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the Contractor's failure to comply with the provisions of paragraph a above. Eric 1. Diffenbaugh Vendor 306 Job Number 306-055 Purchase Order Number All invoices pertaining to this project must be submitted in triplicate and bear the ID# 306.055 or they will be returned unprocessed and unpaid. Please sign and return all copies to A & L, Inc., 4201 State Route 51 South, Belle Vernon, Pennsylvania 15012. No disbursements will be issued until executed copies are received by A & L, Inc. If not received within seven (7) days, A & L, Inc. has the option or canceling the order. Final billing must be submitted to A & L, Inc. no later than thirty (30) days after completion of your work. NOTE: All materials and services to be furnished hereunder must comply with the requirements of the plans, and specifications and contract documents governing the project and are to be sold and delivered without any disclaimer of warranties of limitation of remedies. All delivery tickets must come to the jobsite with a carbon copy so that signatures will appear as the wet signature. Supplier to provide material safety data sheets with each shipment as required for Community of Right to Know Regulations, U.S. EPA, SAFA Community Right to Know Regulations and the OSHA 1926.59 Hazard Communications Regulations. For Public Works Projects Certificates of Compliance as required by law must be included with each shipment. Questions regarding this purchase order 'to be directed to: Mike Thomas A & L, INe. Michael P. Thomas By: ~:/[f~ Title: ()w~ Date: {tJ U /0:5 ( I ,~~ I, Total Number of Pages PO: 6 ~~ ~~ Eric L. Diffenbaugh Professional Land Surveyor May 5, 2005 25 Broad Street Newville, PA 17241 . (717) 776-6420 Fax (717) 776-9277 ediffenbaugh@pa.net A & L, Inc. 4201 State Route 51 Belle Vernon, PA 15012 Attn: Bill Boyle Dear ~r. Boyle, Below is a list of outstanding invoices from the Harrisburg Airport project. Please pay the remaining balance. I also have attached copies of the invoices. 2842 08/22/03 6,124.00 2952 07/17/04 6,518.25 2962 08/14/04 5,503.75 2969 09/01/04 2,565.00 2995 10/11/04 935.00 2997 11/05/04 2,436.25 2999 12/09/04 2,078.00 3024 01/02/05 1,426.25 3040 02/1 0/05 1.396.25 TOTAL $28,982.75 Please call me with any questions so that this matter can be resolved in a timely fashion. Sincerely, Eric L. Diffenbaugh EXHIBIT l I. ~I J .--8 SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: I! ~ t. ,J../lC. If dO I SI-ak ~1. S-/ (Je/Ile.- Ver IICYl i fl1' / D{)}d 2. Article Number (Transfer from service label) 7t1iJ~' 61?O PS Form 3811, February 2004 D Agent D Addressee C. Date of Delivery {;-y D. Is delivery address different from item 1? ~ ~os .' if YES. enter delivery address below: V'~O 3. Service Type ,)LCertified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) D Ves Domestic Return Receipt ()O 0 d. tJ {;)1, f tfCJr; V , 102595-02-M-1540 Eric Diffenbaugh Surveying 25 Broad Street Newville~ PA 17241 BILL TO A & L, lie. 4201 State Route 51 Belle Vernon, PA 15012 TERMS Net 30 DESCRIPTION HARRISBURG AIRPORT TERMINAL APRON & RELATED WORK Purchase order no. 306-055 Work done for the month of July 2003 7/11/03 Office time to compute coordinates for the fuel access road lay-out. 1.75 hours @ $45/hour 7/14/03 Set control points and recover existing control points to start the stake-out. Stake MH's D36C, D36D, and D36E with two offset hubs. Two man crew 8 hours @ $77/hour 7/15/03 Stake a grid on the apron south of the terminal with 20' rows and 50' intervals. 2-man crew 7.5 hours @ $77/hour 7/16/03 Finish grid on south side of terminal I-man crew 8 hours @$65/hour 7/17/03 Mark limit of work for concrete removal at taxiway. Stake MH E23D and pipe run between MH E23D and E23E. 2-man crew 3.5 hours @ $77/hour, & I-man crew 4.5 hours @ $65/hour 7/18/03 Mark limit of work for concrete removal on taxiway, and stake area for fence relocation. I-man crew 8.5 hours @ $65/hour EXHIBIT Total I " . c: Page 1 DATE Invoice 8/22/2003 2842 INVOICE # PROJECT 03-054 AMOUNT 78.75 616.00 577.50 520.00 562.00 552.50 Eric Diffenbaugh Surveying 25 Broad Street Newville, P A 17241 Invoice DATE INVOICE # 8/22/2003 2842 BILL TO A & L, Inc. 4201 State Route 51 Belle Vernon, PA 15012 TERMS PROJECT Net 30 03-054 DESCRIPTION AMOUNT 7/21/03 Finish marking the limit of work for concrete removal. Stake a 300' x 300' 586.00 grid on the east side of the terminal for mass grading. Stake MH's EI4I, E14H, E14G, and E14F. 2-man crew 5.5 hours @ $77/hour, I-man crew 2.5 hours @ $65/hour 7/22/03 Office computations to stake the electrical ductbank across the southern apron 45.00 I hour @ $45/hour 7/22/03 Staked sanitary sewer manholes lA, lB, 2,3, 3A, 4, 5, 6, 7, and 8 with two 520.00 offset hubs each. Stake 300' of electrical ductbank across the apron at the southern side of the terminal at 50' interval. l~man crew 8 hours @ $65/hour 7/23/03 Cross section the existing concrete pavement on taxiway E. Stake the 60' 276.25 radius point at the fuel farm access road cul.de-sac. I-man crew 4.25 hours @ $65/hour. 7129/03 Staked the loop road from the existing taxiway to the start of the fuel fann 616.00 access road on each side of the road. Stake the fuel fann access road from 0+00 to 7+00 on each side 2-man crew 8 hours @ $77 /hour 7/30103 Office computations to stake the top ofMH D35C 45.00 1 hour @ $45/hour Total Page 2 Eric Diffenbaugh Surveying 25 Broad Street Newville, PA 17241 Invoice DATE INVOICE # 8/2212003 2842 BILL TO A & L, Inc. 4201 State Route 51 Belle Vernon, PA 15012 TERMS PROJECT Net 30 03-054 DESCRIPTION AMOUNT 7/30/03 Staked the fuel access road from 7+00 to 19+00 on the right side, and 9+00 to 585.00 19+00 on the left side. Stake the top ofMH D36C for forms to be set. I-man crew 9 hours @ $65/hour 7/31/03 Stake MH's 165A and 165 B with two offset hubs. Restake the electrical 544.00 ductbank through the southern apron at a 50' interval. Stake MH D36D top for forms. Locate the installed manholes to calculate the top locations. Check grades on the fuel farm access road. 2-man crew 2 hours @ $77 /hour, I-man crew 6 hours @ $65/hour Total $6,124.00 Page 3 Eric Diffenbaugh Surveying 25 Broad Street Newville, PA 17241 Invoice 'Nvo'c~~~~l 2952 DATE 7/1712004 BILL TO A & L, Inc. 4201 State Route 51 Belle Vernon, PA 15012 E TERMS PROJE. 03-05 Net 30 DESCRIPTION AMOUNT HARRISBURG AIRPORT TERMINAL APRON & RELATED WORK Purchase order no. 306-055 Work done for the month of June 2004 06/01/04 Set nails for taxiway "E" lights with (2) offset nails. I-man crew 4 hours @ $65.00/hour 06/03/04 Stake the joint line with grades on the last concrete pavement bay on the south apron next to the concourse building. Set nails for taxiway "E" lights. l-man crew 8 hours @ $65.00/hour 06/07/04 Set nails for taxiway "E't lights on curves with (2) offset nails. Started marking grades for the pavers on the north taxiway. I-man crew 9.5 hours @ $65.00/hour 06/08/04 Set nails for Taxiway "G" lights on curves with (2) offset nails. 2-man crew 9.75 hours @ $77.00/hour 06/08/04 Set stringline on the high points, and mark grades for the pavers on the north taxiway "H". Stake the paving areas for stone next to the concourse building and south apron paving areas I-man crew 9,5 hours @ $65.00/hour 06/14/04 Computations for the fence and taxiway line striping. 5.5 hours @$45.DO/hour Total Page 1 CT 4 I I 260.00 I I 520.00 I I I I 617.50 750,75 617.50 I j 247.50 j -.-.-.--\ I ! _-",_._.-:-1 Eric Diffenbaugh Surveying 25 Broad Street Newville, PA 17241 Invoice INVOICE .!!~J 2952 DATE 7/17/2004 BILL TO A & L, Inc. 4201 State Route 51 Belle Vernon, FA 15012 TERMS PROJE Net 30 03..Q5 - DESCRIPTION AMOUNT 06/14/04 Set nails for taxiway "0" lights with (2) offset nails each. Set grade stakes for paving in the phase 3 area at the south apron. Staked manholes E14J and E14GI with (2) offsets. I-man crew 9 hours @ $65. OO/hour 06/17/04 Staked the fence around the north apron, sallyport, lay station, and basin area toward the batch plant. I-man crew 7.5 hours @ $65. OO/hour 06/18/04 Staked the underdrain along the paving on the south apron. Stake line striping on taxiway "E". I-man crew 8 hours @ $65.00/hour 06/19/04 Stake line striping on taxiways I-man crew 5 hours @ $65.00/hour 06/21/04 Computations for line striping, MH D14A top, and basin grades. 3.5 hours @ $45.00/hour 06/21/04 Stake MH tops E9 and D14A. Staked for line striping on taxiways. I-man crew 8 hours @ $65. OO/hour 06/22/04 Staked for line striping on taxiways. I-man crew 8 hours @ $65.00fhour ~otal Page 2 ;:--'-~l -~ 4 ==~ 585.00 I I I I 487.50 ~ j \ ! i 520.00 1 11 1 325.00 ! ! I ~ ~ , 157.:50 , I i 520.00 520.00 _.-J 1 ._J In~;'oi(:le Eric Diffenbaugh Surveying 25 Broad Street Newville, PA 17241 DATE 7/17/2004 BILL TO A & L, Inc. 4201 State Route 51 Belle Vernon, FA 15012 E TERMS - PROJE 03-05 I DESCRIPTION Net 30 AMOUNT 06/25/04 Staked the fence at the sanitary lay station. Staked the north end of the north basin for grading. I-man crew 6 hours @ $65. OOlhour Total Page 3 !N"OICE :# ~=~_J -"-'-'-'''l-.' CT I --._.~l 4 \ j ----'-"-1 , ___._ -i 390,00 I ~ 1 I I ! I 1 I 1 ! \ 1 'I \ I I I i \ I ! -.---j ! $\518.25 ! I __._._._'1 Eric Diffenbaugh Surveying 25 Broad StrN~t Newville., PA 17241 r- 8iU'''';'---~ ~ .' . .. I A~ &~ L; Inc. . 14.:01 State Route ~., 1 I BeHe Vernon, PA 15012 ~ ! ! ! ~---;.__....._- r--"-'''''- ! l-----~-,_.~-- I I HARRJSBURG AIRPORT TERMINAL APRON & RELATED WORK I Purchase order no. 306-055 I Work done for the month of November 20.0.4 111/03/04 Set nails and grades for concrete stringline in Phase 3 apron. ! I-man crew 4.5 hours @ $65.00Ihour I I I l!09/04 I i! 111117/04- I, i i ! ' i 11/19/04 I ! ~ Ii ~ 11 ;"4/'0",' i' /.". . ~ ~ i i 11/25/03 a ~ , 1 11l/26/04 ! ! ':...--_....,.00:'___.. Invoice DATE INVOICE # 12/9/2004 2999 --~--_.__._--------, PROJECT I E TERMS Net 30 03..054 DESCRIPTION AMOUNT 29250 Set nails and grades for concrete forms in Phase 3 apron area. Set grade stakes in taxiway "0" area. l-man (~rew 4 hours @ $77.00Ihour 308.00 Compute taxiway and edge light offset coordinates. 1,75 hours @ $45.00Ihour 78.75 Stake the taxiway and edge lights with (2) offset nails in Phase 3. I-man crew 6.75 hours @ $65.00Ihour 438.75 Set nails for the center of the taxiway lights after paving for corings. I "lnatl crew 4 hours @ $65.00/hour 260.00 J 80.00 I 520.00 I , J \ ~ -----l i $2,078~ Compute coordinates for the line striping in Phase 3. 4 hours @ $45.00/hour St.ake fOll'the line striping in Phase 3, I,,,marl crew 8 hours @ $65.00Ihour ~otal Eric Diffenbaugh Surveying 25 Broad Street NewviUe, PA 17241 Invoice DATE INVOICE # 1/2/2005 3024 BILL TO A & L, Inc. 4201 State Route 51 Belle Vernon, PA 15012 TERMS PROJECT Net 30 03-054 DESCRIPTION AMOUNT HARRISBURG AIRPORT TERMINAL APRON & RELATED WORK Purchase order no. 306;.()55 Workdooefor the month of Decentber 2004 12/15/04 Locate concrete apron andasphah paving areas to calculate yardage. 520.00 I-man crew 8 hours@ $65.00Ihour 14/16/04 Locateconcret.e apron and asphah paving areas to calculate yardage. 422.50 I-man crew 6.5 hours@ $65.00/hour 12/22/04 Plot locations of concrete apron and asphalt locations, calculate square 360:00 yardage, · and prepare an as-built drawing. 8 hours @ $45.00Ihour 12/23/04 Prepare existing contour drawing of the Phase 2 and 3 areas. 123.75 2.75 hours@$45.00Ihour Total $1,426:25 Eric.Diff~ba;ugb Surveying 25 Broad Street Newville, PA 17241 BILL TO A& L, Inc. 4201 State Route 51 Bene Vemon, PA 15012 TERMS Net 30 DESCRIPTION HARRISBURG AIRPORT TERMINAL APRON & RELATED WORK Purchase order no,-- 306"'()55 Work done for the months of January and February 2005 1118/05 Plot an as..builtline striping plan from surveyors coordinates-. 8 hours @$45.00/hour 1/19/05 Plot an as-built line striping plan from surveyors coordinates. 6 hours@$45/hour 1/20/05 Plot an as..built line striping plan from surveyors coordinates. 6 hours @$45.00/hour 1/21/05 Calculate square foota,ge of all line striping. 5.25 homs @$45.00/hour 02/11/05 Stake the buried electric and communication manholes at the glide slope area. I-man fieldcrew4hour~@ $65.00/hour Total Inve'iee DATE INVOICE # 2/10/2005 3040 PROJECT 03-054 AMOUNT 360.00- 270-.00 270.00 236.25 260.00 I ./ $1,396.2i ~ VERI FICA liON I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dale R",frst'os Eric . Diffenbaug, wner Eric Diffenbaugh Surveying ~- -. ~ ~ ,~ ex::;; ,.::t () ~ --..c- }3 \)'- ~~ ~ 'T' ~ ~ ~ ~ ~ ~. -,." '$ ::::> ,....., 0 (;:::-: -n Ljl e ( ).j CJ -0 ~,,., _......r <.:? C) -..J ---- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05131 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIC DIFFENBAUGH SURVEYING VS A & L INC 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: A & L INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of WASHINGTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 24th , 2005 , this office was in receipt of the attached return from WASHINGTON Sheriff's Costs: Docketing Out of County Surcharge Dep Washington Co Postage 18.00 9.00 10.00 68.90 1.11 107.01 10/24/2005 RON TURO so, an::cEO?PY=--=___~-<::/ .,/ ,~--=-~.:..z':::.'" ./ ______ ~~'./- c----L-____._. ..- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this '-/ ",:, day of'-ru---<.'-<..,~ , ,/ "'CooS ~A'D' C _ ~ 0 hOnO~ry In The Court of Common Pleas Of Cumberland County, Pennsylvania Eric Diffenbaugh Surveying VS. A & L Inc No. 05-5131 civil Now, October 4, 2005 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Washington 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, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ John C. Rheel Sheriff Washington County, Pennsylvania Office of ,the Sheriff T. William Bryker Chief Deputy Courthouse Square Suite 10 1 100 West Beau Street Washington, Pa 15301 724-228-6840 Fax 724-223-4719 Sheriff File Number - 05004519 Court Docket #: 05-5131 CIVIL County of WASHINGTON, Commonwealth of PENNSYLVANIA ERIC DIFFENBAUGH SURVEYING Affidavit of Service vs. COMPLAINT A & L INC. I hereby CERTIFY and RETURN that on 10/17/2005 at 12:00AM service was attempted with the due diligence and inquiry for A & L INC.. Service was unable to be made for the following reasons: THIS ADDRESS IS NOT IN WASHINGTON COUNTY. SERVICE ATTEMPTS Date: 10117/2005 4201 STATE ROUTE 51 BELLE VERNON. PA 15012 Fees Received from Attorney: N, E, 1. ($5,00), MILEAGE ($38.40), POSTAGE ($1.00), FIRST DEFENDANT BASE COST ($24.50) Total Charges $68,90 Attorney Name: CUMBERLAND COUNTY SHERIFF, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 Affirmed & Subscribed to before Me October 18, 2005 JERRY JERlCHO, Deputy Sheriff 11/"\ ' ~)(I' ,j' r \ '{<.:~(., ,-t-tt'ft"~()/Q_ Notary Public My conunission expires: 7~ro;;! ~~:,7'/~r~M~t~,~.l7 . _'i, ;".rv ~-'(J~!i" ~~~-_._----..-_d~0:t~:?J&J cfLe&L. Sheriff of Washington County II ERIC DIFFENBAUGH SURVEYING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5131 CIVIL TERM i A& L, INC. : CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES I/It?/O{" , . Date <12~ '" "-'; ~, " (. -~-I '-. :.~, SHERIFF'S RETURN. OUT OF COUNTY .. CASE NO: 2005-05131 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIC DIFFENBAUGH SURVEYING VS A & L INC 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 I to wit: A & L INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of WESTMORELAND County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 20th, 2005 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: Docketing Out of County Surcharge Dep Westmoreland Postage -~-- 18.00 9.00 10.00 50.75 .74 88.49 12/20/2005 RON TURO So answe:r:.B,'--:7 "c:.;:,~ --" ."- ..- ....--~ ./., L_r"'~ ,.' -- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 3,uZ.. day of 9-r ;JOV(,_~.D~ ):J't;c,i!h2I;,BF;7} SHERIFF'S RETURN -- OUT OF COUNTY . CASE NO: 2005-05131 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIC DIFFENBAUGH SURVEYING VS A & L INC 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: A & L INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FAYETTE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 20th, 2005 , this office was in receipt of the attached return from FAYETTE Sheriff's Costs: Docketing Out of County Surcharge 6.00 9.00 10.00 .00 .00 25.00 12/20/2005 RON TURO So answer.-s: .-' .....;;<.~., ~_: ,/"~''''';C '7-'" -,-' :'~-' R. Tn~as Kl rnef Sheriff of Cumberland County Sworn and subscribed to before this J.-w-<.. day ofll.~ I me J.ov /.., - '\ '.. In The Court of Common Pleas of Cumberland County, Pennsylvania Eric Diffenbaugh Surveying VS. A & LIne. s<<~~ No. 05-5131 civil Now, November-16, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of wP<'<TInQrP 1 rmn County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~?e~~~ Sheriff of Cumberland County, P A Now, 1\...-'" )'b 0- {J' AJou Affidavit of Service , 20 b ~ ,at f} y8 o'clock L M. served the within upon at '-\l\) \ St'Qj.~\ (\"'9 '1-<.- S; \u-r &:LL E- VEil. ^,V..J ?~ ~v \\ l ffj I ")Vl'2 by handing to S"V\AJI \) ;)I)\\'" ~I a copy of the original and made known to the contents thereof. So answers, ~'vtL ~ {Ij ~ 1J t,,,, U~ Sheriff of LLh#/-'n? /;),./-0-;- M- County, PA ( COSTS -5'0. ZC; SERVICE MILEAGE AFFIDAVIT ~d. 91 :;(~ $ Sworn and subscribed before me this 9illL day ofM~iiY7~A., 20b R e.' G ~~PubIiC My Comml.2lco Expires Dec. ~u~5 $ Gary D. Brownfield, Sr. Sheriff , FAYETTE COUNTY Pennsylvania 61 East Main Street Union town, Pennsylvania 15401 TELEPHONE: 724-430-1295 . FAX: 724-430-4030 CASE NUMBER ./ DATE: J J - /0' OS . 6,"c- ~~- 10,'1')) '= .~... (. l) i.;':'I;:_~, '/..,.' Jill..,,, ,3i.~ III i'~ll'tlr:lltilj lff" u: &~111Ji:!l!t .~~-_.- Fayel:te County Courthouse THE ENCLOSED DOCUMENTS HAVE BEEN RETURNED TO YOUR OFFICE FOR THE "OLLOWING REASON (S) ADVANCE FEE IS WRONG AMOUNT OUR OFFICE ACCEPTS NO PERSONAL OR BUSINESS CHECKS, WE ONLY ACCEPT ATTORNEY CHECK, MONEY ORDERS, OR CERTIFIED CHECKS ___ADDRESS IS NOT LOCATED IN FAYETTE CUI;'-JTY WE DO NOT SERVE POST OFFICES, WE MUST HAVE COMPLETE PHYSICAL ADDRESSES CASE NEED TO BE FILED OR REINSTATED/REISSUED FAILURE TO SIGN CHECK TEN WORKING DAYS ARE REQUIRED FOR SERVICE /V ___OTHER_f\) or- I u i=A'1 eltc Uu IVT i THANKS, ~/' 724-430- I 295 PLEASE RETURN THIS FORM TO OUR OFFICE WITH CORRECTIONS THAT ARE NEED.