The URL can be used to link to this page

Home My WebLink About94-04378 . 1 1 . z u I - 1 ~ if . ! -7 I . Q- 1 ~ i t 1 I \ \ \ J " . i i , , ! ~ I I r I I JI I 00; r- r<) :r- I j -:z:- I 0-/ I .,.. ~.N' ~"A",..r>-y~ ..-c9v~.....7"""'" . r:'P'/N.l7fl:= In The Court of Cocmon Pleas of ) >. ) ) ) ~....."v~e ~~A-.J<r""h'~ ~~~'lT Cumberland County, Pennsylvania V l!o. ,9~--9378 19 OA'!R l~e do solemnly swear (or aHirm)thac we will supporc, obey and deiend the Constitution of the United States and the Constitution oi this Common- ~ealth and that we will discharge the ducies of our office .~th fidelity. AW We, the undersigned arbicracors, having been duly appoinced and sworn (or af:irmed), make the following award: (Noce: If damages for delay are awarded, they shall be separately staced.) W€ F;A/"o /N ,-.,,:;?~ e:7~ h"'.......vfi'F'.-&= /",v T'....v~ ~~;;u/,A/;r- $' .vS- ~ ~ ~...s-./. -- ~.... 7# ~ /...v..T~AP6"" ..s-......-:- .rc' ~""N;;'- /;e= AS" ~6'Si? Cl::::'S'7S. Arbitracor, dissents. (Insert name if applicable. ) Date of !learing: 3- ,:;>"'?-9..s- :late of Award: 3 - ;1;2 -"...r NOTIC:: OF l!ow, the .1.1.,..,( day of 7l1l...</-- award was entered upon the docket ?arties or their atto~eys. ,19"" ,at 1.'1"-, /I. .:1., the above and notice ~eof given bY-mail to the Arbitrators' coopensatiou to be paid upon appeal: $ Jt. L'. '-'tJ . f~'-'-"'-'J."""- F Lvul.......... I~ ~ Prothonotary I' , . 5y: ...-f..t,...... (. ./LL~ Deputy e/LL~/J.4 .t. r ~ -..td~: )J~ C'. C...8..:.. 0 ~ .t...:- -ill......... Cl'1"--- - PJ/( .J.,p. <;/ "/ ..-,.0 c: I, iii!= ... ~ ." .-,~ r~, . ;.;' ":i . ._J:: . ~ ':.;:.... to :; -.:~ ;: :; ol: 1:'-' '," ..'") I\J ;,J,,' ,I" z::.. :; .:;. ::c: --: ~ ..... ~ ,.. ~ l...: ,,-, ''\J -:r .~ ~~ ~-":' , " ." ., -., '''-' [] ~< .~ -j'., ~ .. Q/ '" ... ), s {Il Q/ 'll ... '" 3 ,,.. C Q/ ro: ~ ~ ~ Q/ 0 :I ... ... ~ " II) 0 0 S - ~ ~ ; .. U .... ~ " ll. ~ C. .. o... ;, ~ '... .e( '0 > ~ .. . J : .c .. c o... " . ~ ~ .. >.c 'll U >- ~ . .: ;; - - C ... .... C .. ~ 'o .. e 3 '" '" 0 CO ~ i T- O 0 QJo... l'- Z ! ;, ... ), z .s:;... '" :.l ... ~ - ... S 0 .:1 - C.... QJ :Ie( I QJ '" .... U .:1 '00 '0 .... CP- c..c c . o... S... '... a.> III :I '" Uo... 0 Xe( ... uu z , r ~" . , I r I ,. " II"""" F. COY"" , ; t. ," "., \ '. I I. ~ " ,!"I .. .. 'o ..."....l.... ~ .. . HAMPDEN TOWNSHIP SEWER AUTHORITV, PlAintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. CIVIL ACTION NO. 94-4378 CIVIL TERM TRINDLE NORTH ASSOCIATES, Defendant NOTICE Vou have been sued in court. If you wish to defend asainst the claims set forth in the followins pases, you must take action within twenty (ZO) days after this complaint and notice are served. by enterins a written appearance personally or by attorney and filins in writins with the court your defenses or objections to the claims set forth asainst you. Vou are warned that if you fail to do so the case may proceed without you and a judsment may be entered asainst 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. Vou may lose money or property or other rishts important to you. YOU SHOULD TAKE THIS PAPER TO VOUR LAWVER AT ONCE. IF VOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Third Floor Cumberland County Courthouse Hanover & Hish Streets Carlisle. PA 17013 Da ted : '1 S Al"j '7 l( /7/. I) !f1. /, ~~sa Marie Coyne, squire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 537S8 " .. . HAMPDEN TOWNSHIP SEWER AUTHORITY. Phintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. CIVIL ACTION NO. 94-4378 CIVIL TERM TRINDLE NORTH ASSOCIATES, Defendant COMPLAINT AND NOW COMES Plaintiff, Hampden Township Sewer Authority by its ccunse1, Lisa Marie Coyne, Esquire. and files the following Complaint: 1. Plaintiff, Hampden Township Sewer Authority is an Authority created in accordance with the Municipality Authorities Act 01' 1945 (53 P.S. 301 et seq) with its prinoipa1 office located at 230 South Sporting Hill Road. Mechaniosburg, Cumberland County. Pennsylvania 17055. 2. The Defendant, Trindle North Associates is a partnership whioh oonduots business within the Commonwealth 01' PennSYlvania. and has its prinoipa1 office at 4720 Old Gettysburg Road, Suite 307. Meohaniosburg, Cumberland County. Pennsylvania 17055. . . 3. The Plaintiff owns a sanitary sewer collecticn system and treatment plants within the Township of Hampden, Cumberland County, Pennsylvania. 4. The Defendant cwns a parcel of land situate within the Township of Hampden, located along the North side of Trindle Road and is noted as Tax Parcel No. 10-220525002-A. The parcel of land was acquired by Defendant by a Deed which has been recorded cn the 27th day of Ncvember, 1987 in the Cumberland County Recorder of Deeds Office in Deed Book 33-B. Page 547 which is inccrporated herein by reference (hereinafter referred to as the "premises"). 5. On July 14, 1994. the Defendant by its agent. employee or partner, Mr. Martin Ortenzio (hereinafter referred to as "Mr. Ortenzic"), appeared at a Public Meeting of Plaintiff and engaged in an extended discussion with Plaintiff ccncerning the pcssibility of obtaining sanitary sewer services for the premises and was advised of the requirement for him to establish an escrow account to defray the Plaintiff's legal and engineering costs in reviewing his plans. (See Exhibits "A" and "B") 2 6. Mr. Ortenzio, due to his prior real estate developing in Hampden Township, is aware of the ordinance of the Township (hereinafter referred to as the "Township") which requires compliance with its Subdivision and Land Development Ordinanoe and as well as the requirement to provide sanitary sewer service for premises which Defendant proposed to be subdivided. 7. At the same Public Meeting of the Plaintiff, held cn July 14, 1994, Mr. Lynn Griffith informed the Defendant of the Plaintiff's requirement for the Defendant to establish an escrow account in the sum of Five Hundred Dollars ($500.00) which is required by the Plaintiff's Standard Construotion and Material Specifications For Sanitary Sewer Extensions (1986). The said escrcw aocount is used to pay engineering and attorney's fees related to reviewing plans submitted by Plaintiff. (See Exhibit "B") 8. On July 19, 1993, the Defendant paid to the Plaintiff the initial sum of Five Hundred Dollars ($500.00) to establish an escrcw account from whioh the Plaintiff's engineering and legal costs for reviewing the Defendant's various subdivision plans would be paid. 3 9. The Defendant apparently employed the professional ensineerins services of J. Michael Brill and Associates, Inc. of 5010 Ritter Road. Suite 112. Mechanicsburs, Cumberland County, Pennsylvania to develop various subdivision plans for the premises. 10. The Defendant submitted various plans to Plaintiff which were required to be reviewed by Plaintiff's conaultins ensineer, Lynn E. Griffith. P.E. of Gannett F1emins. Inc. of 207 Senate Avenue, Camp Hill. Pennsylvania; by its risht of way solicitor, J. Jay Cooper. Esquire. of the Law Firm of Goldbers, Katzman and Shipman, P.C. of 320 Market Street, Harrisburs, Pennsylvania; and its solicitor. Henry F. Coyne, Esquire with offices at 3901 Market Street, Camp Hill, Pennsylvania. 11. On September 8. 1993. in response to Invoice No. 529-031073, dated Ausust 31, 1993, the Plaintiff paid to its consultins ensineer, Gannett Flemins. Inc. the sum cf Five Hundred Dollars ($500.001 which depleted Defendant's escrow account. 4 12. Subsequent to the depletion of the esorow account, the Plaintiff inourred additional expenses for ensineerins and lesal servioes to wit: a. Ensineerins Firm cf Gannett Flemins (See Exhibit "C") $210.85 b. Law Firm of Goldbers Katzman and Shipman (See Exhibit "D") 252.00 c. Henry F. Coyne, Esquire (See Exhibit "E") 157.50 TOTAL $620.35 13. At no time did Defendant advise Plaintiff to cease the ensineerins and lesal reviews of Defendant's various plans and, in fact, Defendant submitted varicus revisicns to his initial plans. 14. At no time did Defendant advise Plaintiff that Defendant would not pay any any additional funds into Defendant's escrow account to cover engineering and lesal expenses incurred by Plaintiff as the result of Defendant submitting various revisions to his plans. 5 . 15. Despite numerous demands by Plaintitt. Detendant has retused to pay to Plaintitt the sum ot $620.35. WHEREFORE, Plaintift demands judgment in favor ot Plaintitt and against Detendant tor the sum ot $635.20 plus interest trom September 8, 1993 and dooket oosts. Dated; 25""' ~ 'If! d 12, r e- -- L sa Marie Coyn , Esquire / Attorney For Pl intitf ( 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 6 , . ? STANDARD CONSTRUCTION AND MATERIAL SPECIFICATIONS FOR SANITARY SEWER SYSTEM EXTENSIONS 01.'1/ ~ fA 'X~\~ 1986 ., HAMPDEN TOWNSHIP SEWER AUTHORITY HAMPDEN roWNSHIP, CUMBERLAND COUNlY PENNSYLVANIA ~ GANNEIT FLEMING ENVIRONMENTAL ENGINEERS, INC. HARRISBURG, PENNSYLVANIA G-x II )111 GANNETT FUMING STANDARD CONSTRUCTION AND MATERIAL SPECIFICATIONS E!lli SANITARY SEWER SYSTEM EXTENSIONS 1986 HAMPOEN TOWNSHIP SEWER AUTHORITY IlAMPDEN TOWNSHIP, CUMBERLAND COUNTY PENNSYLVANIA ?w e. Illz0n- GANNETT FLEMING TARI.F. OF CONTENTS NOTE: These Specifications are arranged in the nationally recognized CSI (Construction Specifications Institute) Format. However. only the applicable Sectione of certain Divisions are included which results in the Section num- bering not being consecutive. Also. this Table of Contents is included for convenience only. Its accuracy is not guaranteed. I . . . . . . . ~- ARTICLE TITLE SECTION I - GENERAL INSTRUCTIONS 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 Definitions Drewings and Specifications Preliminary Inspection Competent Workmen Working Conditions Materials Advertising Permits and Licenses Care of Public and Private Property Safety Requirements Regulations of the Department of Labor and Industry Obeervance of Laws Cleaning Site Engineer's Duties. Examination and Inspection Defective Work Notice Engineering Stakes Insurance and Indemnity Requirements Fee Requirements Items Required Prior to Beginning Construction Dedication of Sanitary Sewer Extension to The Authority SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS Section 01010 - SUMMARY OF WORK Section 01300 - SUBMITTALS Section 01500 - TEMPORARY FACILITIES AND CONTROLS DIVISION 2 - SITE WORK Section 02010 - SUBSURFACE EXPLORATION Section 02151 - SHORING Section 02221 - TRENCHING. BACKFILLING AND COMPACTING Section 02300 - TUNNELLING, BORING AND JACKING Section 02500 - PAVING AND SURFACING Section 02540 - EROSION CONTROL Section 02601 - MANHOLES Section 02722 - PIPED WASTEWATER SEWER DIVISION 3 - CONCRETE Section 03100 - CONCRETE FORHWORK Section 03200 - CONCRETE REINFORCEMENT Section 03300 - CAST-IN-PLACE CONCRETE Section 03600 - GROUT DIVISIONS 4 THROUGH 16 - NOT APPLICABLE 22905.040 -1- PAGE 1-1 1-3 1-3 1-3 1-4 1-4 1-5 1-5 1-6 1-7 1-8 1-8 1-8 1-8 1-9 1-10 1-10 1-10 1-12 1-12 1-13 01010-1 01300-1 01500-1 02010-1 02151-1 02221-1 02300-1 02500-1 02540-1 02601-1 02722-1 03100-1 03200-1 03300-1 03600-1 R1 N_'_'" . GANNETT FUMING (e) Minimum Standards of Financial Strength and Policyholer Service Required of Insurance Carriers Providing Coverage for the Work: Insurance Companies used muet be admitted carriers authorized to transact business in the Commonwealth of Pennsylvanis unless Authority is notified and waives this requirement. Insurance Companies used must be rated (A 10) or better by Best's Rating Service unless Authority is notified and waives this requirement. 1.19 FEE REQUIREMENTS. The Developer will be required to pay the following fees applicable to the sewer extension. (a) Authority Review Fee. An initial fee of $500.000 made payable to the Hampden Township Sewer Authority shall be remitted with the first submission of documents to the Authority for review. Additional fees in $500.00 incremsnts shall be remitted to the Authority when requested as the review continues. Any balance remaining after the review is complete will be deposited in the escrow account described below. (b) DER Filing Fee. A fee of $100.00 must accompany the permit application to DER. The check should be made payable to Pennsylvania Department of Environmental Resources. (c) Escrow Account. When the sewer extension is approved for construction. the Authority will estimate the anticipated cost of inspection and administrative costs by the Authority. The Developer will then be required to put that amount of money into an escrow account from which the actual costs of inspection and project administrative costs can be drawn. (d) Any other fees, inspection costs and bonds associated with other permits or licenses that are applicable to the extension. 1.20 ITEMS REQUIRED PRIOR TO BEGINNING CONSTRUCTION (a) Execution of a "Sewer Extension Agreement" with Authority. (b) An escrow account in the Authority's name for payment of the Authority's costs associated with inspection, legal counsel, and administration must be established. (c) Evidence that the final subdivision plan hes been filed by the Township at the county courthouse. Recorder of Deeds office. if applicable. .. ~ L ,,>~Il'\ ~-f)/'~\ (d) Performance and Payment Bonds or other financial security. to assure completion of the sewer extension and to cover the warranty period~ N ~"Z.. (e) Receipt of a letter from the Developer stating the name of the Contractor who will be installing the sanitary sewer extension. (f) Certificatea of public liability and property damage, auto liability and worker's compensation insurance. The Authority snd engineer shall be certificate holders and shall be named by endorsement as additional insureds. 22905.040 1-12 R1 HAMPDEN TOWNSHIP SEWER AUTHORITY Regular Meeting Minutee July 14, 1993 - B.30 P.M. preeent Were. Sewer Auth. Membere. Chairman Taylor, Mr. Schultz and Mr. Fitzgerald Consultants. Engineer Griffith and Solicitors copper and coyne Comm. Liaison. Commissioner Rendler call to Order Chairman Taylor called the Regular Meeting to order at 8.30 P.M. Proof of Publication was available for public inspection. , )J CJ,yAit... di i i i J___. t-:- ,:/. "".J-r/l'-VIIUl.t..o !J~"f"../.GI,'-' Au ence Part c pat on ~ ._~~ --T I" ~~~~ Martin Ortenzio. Trindle North. briefed the Authority on his past ~, association with-ene Authority regarding the Trindle South sewer project. He said that approximately two years he came before the Authority and requeeted permission to bring the sewer across Trindle Road from his Trindle South property to what is referred to as his Trindle North property. He said that approval was granted and with the approval he obtained final approval on his land development plan to develop the three buildings on Trindle North. He said since that time he has chosen to abandon that plan and change the way that property will be developed, which will be done in phases and the property will be subdivided. However, he will still bring the sewer directly across Trindle Road. At the time approval was given to bring the sewer directly across the road there was a stipulation that as Mr. Ortenzio developed Trindle North property. he would run the sewer along the road toward the Mechanicsburg area. He said he heard some earlier discussions concerning costs estimates. approaching land owners and contributions to the cost inv~lved for sewers. He said based on his experience with Trindle South, everyone is interested in having sewers but does not want to contribute. In fact, he stated the only contribution he received to date for the mile of sewer on Trindle South was from the Authority. He said it will cost him approximately $12,000 to run the eewer directly across Trindle Road to serve Trindle North. and has plans to extend the sewer on the front footage of his property as he develops at his sole cost. He said he is planning to take it along his front footage out of the right-of-way because it is cheaper and there is an underground Bell of PA telephone line. ['ill;I), i '.e). '- Hampden T~p. Sewer Auth. Re9. Ht9. Hins. - July 14, 1993 - pa9~ 6 , Hr. Fitzgerald asked Hr. Ortenzio if he would be willin9 to cross at the bridge, brin9 it alon9 the Greystone to his property, and have the Authority "reimburse" him as we did on Trindle South Project. He also said it doesn't make sense to have two crossin9s. Hr. Ortenzio said assumin9 there were no liabilities and responsibilities on his part he mi9ht be willin9 to discuss thie in detail. He said it would be cheaper to provide sewer to the Greystone by installin9 a lateral and make the crossin9 directly across at Trindle South rather than crossing at the bridge. Chairman Taylor asked Hr. Ortenzio if the Authority approves his request, would he a9ree to install the sewer so that the sewer from that point up would not be held up. Hr. Ortenzio asked if this would be at his cost and if that were to be the case, he would a9ree to this only if he had development 90in9 on at the time. He did say he would 9ive them a free easement and they would then be able to install the sewer at their cost. He also expressed his willin9ness to work with the Authority. Commissioner Rendler stated that any public improvement must be bonded. Chairman Taylor sU9gested that Solicitors Coyne and cooper and En9ineer Griffith meet to further review the alternatives presented. He eaid if the Authority finds it will not be too much "out of pocket" by approvin9 the crossin9 directly from Trindle South to Trindle North, an a9reement mi9ht possibly be reached. He said he would hope that the Authority should be able to provide Hr. ortenzio with a decision within a month. En9ineer Griffith said the catch phrase could be "as Hr. Ortenzio develops". Hr. Ortenzio stated he couldn't ask the Authority to do more than what they were comfortable with, but said he honestly believed there was something more involved and felt the Authority was bein9 unfair. Solicitor Coyne said he felt Hr. Ort&nzio was bein9 unrealistic in expectin9 a dscision now. 9iven the fact that this was the first time the Authority was presented with his subdivision plan. He further said the Authority has an obli9ation to the residents of the Township, as well as the Board. and did not feel it was unreasonable to have ths Authority's professional staff review the proposal with Hr. Ortenzio and his staff. He also said the Authority is not a9ainst development but wanted the opportunity to make a prudent decision. The members then decided to schedule a Special Heeting, which will be held on July 27 at 6 P.H. Hr. Ortenzio thanked the Authority and said he would work on the plans and make his engineer available to work with the Authority's professional staff. He did say his next critical date is the July 29th Board of Commissioners' Heetin9. En9ineer Griffith advised Hr. Ortenzio of the need to open an escrow account. typically the initial deposit is in the amount of $500. to defray the Authority'S legal and engineering fees for plan review. ~2905.129 INVOICE o.t. AUGUST 31. 1993 HAMPDEN TOWNSHIP SEWER AUTHORITY . 230 SOUTH SPORTING HILL ROAD MECHANICSBURG. PA 17055 GANNETT FLEMING. INC. ENVIRONMENTAL DIVISION P.O. BOX 157100 HARAlseURO. PA. 17100.7100 17171 7U.721. ~ INVOICE NO. 529-031073 ENGINEERING SERVICES RELATED TO THE SEWER EXTENSION TO SERVE THE TRINDLE NORTH SUBDIVISION. . PAYROLL COSTS FOR THE PERIOD OF JUNE 26.1993 THRU AUG. 06.1993 EMPLOYEE NAME AND/OR PROJECT CLASSIFICATION HOURS AMOUNT L H GRIFFITH C L ESTEP S U WATERS-STEFFEN M V GAFFNEY 5 1 1 2 $ 191.10 15.12 12.04 43.40 TOTAL PAYROLL COSTS OVERHEAD AND PROFIT (100 PERCENT) $ 261.66 261. 66 $ 523.32 EXPENSES POSTED DURING THE PERIOD JUNE 26.1993 THRU AUG.06,1993 COMPUTER SERVICES 5.60 TOTAL DUE THIS INVOICE $528.92 )!Jd. 9,Jf) s(x). 00 o U,JJ~ ,;J. l?: :1;). \111_" ::: >ch . L :,22905.129 INVOICE o.t. SEPTEMBER 30. 1993 INVOICE NO. 529-032070 ENGINEERING SERVICES RELATED TO THE SEWER EXTENSION TO SERVE THE TRINDLE NORTH SUBDIVISION. HAMPDEN TOWNSHIP SEWER AUTHORITY 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 GANNETT FLEMING. INC. ENVIRONMENTAL DIVISION P.O. BOX 117 tOO HARRISBUAO, PA. 17108'7100 17171 7U.721' ~ PAYROLL COSTS. FOR THE PERIOD OF AUG. 07,1993 THRU SEP. 03,1993 EMPLOYEE NAME AND/OR PROJECT CLASSIFICATION HOURS ---------------------- S U WATERS-STEFFEN M V GAFFNEY 1 1 $ TOTAL PAYROLL COSTS OVERHEAD AND PROFIT (100 PERCENT) $ EXPENSES POSTED DURING THE PERIOD AUG. 07.1993 THRU SEP.03,1993 COMPUTER SERVICES AMOUNT 12.04 21.70 33.74 33.74 $ 67.48 1.60 TOTAL DUE THIS INVOICE $69.08 REMITTANCE COPY - PLEASE RETURN WITH PAYMENT INVOICE o.t. OCTOBER 31. 1993 22905.129 HAMPDEN TOWNSHIP SEWER AUTHORITY 230 SOUTH SPORTING HILL ROAD MECHANICSBURG. PA 17055 GANNETT FLEMING. INC, ENVIRONMENTAL DIVISION P.O. BOX 51100 HARAlseURC, PA. 17106-7100 0'171 76],1211 ~l INVOICE NO. 529-033073 ENGINEERING SERVICES RELATED TO THE SEWER EXTENSION TO SERVE THE TRINDLE NORTH SUBDIVISION. PAYROLL COSTS FOR THE PERIOD OF SEP. 04,1993 THRU OCT. 01,1993 EMPLOYEE NAME AND/OR PROJECT CLASSIFICATION HOURS AMOUNT ---------------------- M V GAFFNEY 2 $ 43.40 ----------- 43.40 43.40 $ TOTAL PAYROLL COSTS OVERHEAD AND PROFIT (100 PERCENT) $ . 86.80 EXPENSES POSTED DURING THE PERIOD SEP. 04.1993 THRU OCT. 01,1993 COMPUTER SERVICES 14.40 TOTAL DUE THIS INVOICE $101.20 REMITTANCE COPY - PLEASE RETURN WITH PAYMENT . 22905.129 INVOICE 011. NOVEMBER 30. 1993 HAMPDEN TOWNSHIP SEWER AUTHORITY 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 GANNETT FLEMING. INC, ENVIRONMENTAL DIVISION P.O. BOX 01100 HARRISBURO. PA. 17108'7100 11111 76)'721\ ~ INVOICE NO. 529-034082 ENGINEERING SERVICES RELATED TO THE SEWER EXTENSION TO SERVE THE TRINDLE NORTH SUBDIVISIO~. EXPENSES. POSTED DURING THE PERIOD OCT. 02,1993 THRU OCT. 29.1993 TEMPORARY SERVICES' $ 11.65 $11.65 TOTAL DUE THIS INVOICE . ... . - / .I OOLDBERO. I<A T Z MAN ~c SH I PMAN . P. C. 32(1 MARI<ET SmEET P. O. DCIX 1268 HARRI SElLlRO 1 PA 17108-126Cl 717-234-4161 Fed 10 No: 23-2179953 September 1. 1993 . , Billed throueh 08/31/93 Bi 11 nUR.ber 35214-00065-005 JJC Hampden Twp Sewer Authority 230 South Sp~rtine Hill R~ad Mechanicsbure. PA 17055 (Trindle North)' Id.. I( Balance forward as of bill number 001 dated 06/01/93 Payments received since last bill (last payment 06/21/93) $ $ 91.00 91.00 Net balance forward. $ .0(1 FOR PROFESSIONAL SERVICES RENDERED 07/02/93 JJC Telephone conference with W. TaYlor .1(1 hrs 7.00 07/02/93 JJC Review fi leI MemoranduRo to call Attorne)' Cc....ne .30 hrs 21.00 07/06/93 JJC Telephone conference with Attor'ne'" Co...ne .20 hrs 14.00 07/06/93 JJC Review file .10 hrs 7.00 07/07/93 J...IC Review file for meetine .30 hrs 21. 00 07/08/93 JJC Travel to AttorneY Co...ne's c.ffice; Attend meetinel Return 1.00 hrs 70. 00 . 07/08/93 J~IC Letter to W. Taylor re: T. Fackler' .30 hrs 21. 00 07/14/93 ...IJC Review fi 1 e .10 hrs 7.00 07/15/93 JJC Sea.rch for Aereement with M. Ortenz i Co .30 hrs 21.00 07/16/93 JJC Te 1 ephoroe CClrlfererlce wi th Lynr. Gr.iffith .20 hrs 14.00 07/16/93 JJC Review fi 1 e .20 hr's 14.00 07/26/93 JJC Telephone cc,nfer"ence with Attr.,r'ney Cc.vrle . 10 hrs 7.00 07/27/93 JJC Telephone confer,H,ce with Attorroey Co...r.." . 10 hrs 7.00 07/27/93 JJC Review file .20 hrs 14.00 ---------- Tota.l fees for' this Roatter $ 245.00 BILLING SUMMARY TOTAL FEES 3.50 hrs $ 245.00 E~h. "D" . " 4ewer Authori t... IW 35214-00065-005 ~~C TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE ( ;;;;y.l~ "f-f1'~-'" .,_.. . PAGE 2 $ 245.00 $ 245.00 4 O';'t~~HI'II~.".~.. t-',l.. .. ...... COLua~Rn, KnT1MnH & HHIPHnN. p,C. )20 MnnKhT S'Kt~'r t', n, HUl: 1 ?c\li \lAnK 1 5f:UfH:. PA I ~ lOt!. l7.fJIj ~1~'2'4-A16' FHd TD H~I Z~"21~9~~J /./ I. ,7:.- , ",,\ / t ,-:;. -(" ^,,) _CJ'-' r.-..J.f-V . J.lnl.l,~ry J, IY'I" B\l1P.'d thl'oll[;1h 11.131/9;1 R \ 11 numblfl' ;S!:111\-OOO!i2-000 .1JI: .:llllprl~I" Till' 1;I~wcr n'J~hor \ t:y .'0 South ~por~lh9 H\11 ~a8d 'll'1l1herdr.,;lJur!J I 1'0 110':>5 rInd'" NIJI,th f.l/llt1ncl! f(JrwnI'd Il!. af hIll '''JII,H''r DO;' dtll'l',,1 07106/9;; PeYII,,~rot!. nl~t:lu~d ,~\I'oI:l'I lc!,L b'I11 (It.".\: p"'1rur~nt 071lZ19;1) .:. . , lQ6,OO 196,00 ~ -..--. . b..l'~lIce forw/lrd $ ,00 PRorrS~IUNAL SEHylC~S RENOER~ll 12/20/93 JJC R~u\l!w l~ttur 'rom Attorney C~'1P~ .10 hr!> 7.00 - ----.... --" , futal f~~s for th\~ ~~ttftr .;; 1.00 !)lI\'1I1I1nV rO'lnL fHS ,I 0 hr~ (. 7,00 ~.- ..---.. ...-,- TOTAL CIHIFlra:S fOR fH1!i BItL rOrOL AALRHCE NOW DUE ,;. , 7.00 .. --,. .. -" - --- :;. 7.00 \ (1'\ ""'\ ..... (,' :.\." '\ ' f, I" ..,.- , ~.. ,I l) / ".. ..~ .. ./,;)1 AlIorneys at Law 3901 MarketSlrllt Camp Hili, PA 17011.4227 (717) 737.0464 September 3, 1993 J) E V E:.Lo fJ 6 R.;S Mr. William A. Hawkins. Vice Chairman Hampden Township Sewer Authority 230 S. Sportins Hill Road Mechanicsburg, PA 17055 Re: Hampden Township Sewer Authority (1) Construction Account (2) Bond Redemption Fund (3) Developers Escrow Fund Dear Bill: Liuted below iu my itemized invoice for professional serviceu rendered from July 27, 1993 to September 3. 1993. incluuive: ~ Subject *7/14/93 Research; Preparation for and Attendance at Regular Monthly Meeting Hours Funds 3.00 (2) *7/23/93 Telconf w/Mr. Griffith Re: Trindle North (Ortenzio) 0.25 ~@ (-0 .$~ 7/27/93 Telconf w/Atty. Cooper Re: Trindle North (Ortenzio) and Mark Thomau Request For Condemnation (Private Property) 2.25 7/27/93 Preparation for and Attendance at Special Meeting 2.50 (2) 7/28/93 Review of Memo, dated 7/14/93, from Mr. Taylor Re: Four (4) Municipal Liens (Wilson 029096; Foure 029097; Kovacerio 029103; and Walker 029098) Re: Satisfaction of Four (4) Municipal Liens 8/4/93 Review of Memo, dated 6/29/93. from Mr. Griffith to Mahoney, Inc. Re: Notioe to Prooeed - Gravity Sludge Feed Line (Roth Lane) 1.00 (I) ~ 0.25 (1) ['. J--.\' \' -- .\ t... ,Continuation of Invoice , Pase 2 Q!!.! Subject 8/5/93 Review of Sewer Extension Asreement and Certificates of Insurance Re: Pinehurst Phase II 8/5/93 Review of Memo, dated 8/4/93. from Mr. Griffith to Mrs. Robinson Re: Sewase Module - Trindle North Subdivision (Ortenzio) 8/5/93 Review of Memo, dated 8/4/93, from Mr..Morosky to Mr. Faulkrod Re: Punch List - Simpson Ferry Road Project 8/11/93 Review of Memo, dated 8/10/93, from Mr. Griffith to R. Wrisht of Ed Black Associates Re: R/W Plats - Governor's Glen S/11/93 Review of Memo, dated 8/10/93, from Mr. Griffith to Mrs. Robinson Re: Sewer Extension Asreement - . Governor's Glen 8/12/93 Telconfs w/Mr. Steve Campbell and Mr. Hawkins Re: Kunkle Estate/Ortenzio 8/13/93 Review of Memo, dated 8/12/93, from Mr. Morosky to Faulkrod, Inc. Re: Punch List - Simpson Ferry Road Project 8/18/93 Telconf w/Mrs. Robinson Re: Workshop Scheduled for 8/25/93 8/18/93 Telconf w/Mr. Griffith; Research Re: PA Steel Products Procurement Act (Contract Specifications) Hours 0.25 0.25 0.25 0.25 0.25 0.50 0.25 0.25 2.25 !Yn.s!. (3)@ ~)@ (1) (3) @ (3) @ (JJ ...> (1) (2) (2) Continuation ot Invoioe Page 3 ~ 8/20/93 8/20/93 8/23/93 8/25193 8/26/93 8/26/93 8/30/93 8/30/93 9/3193 Subject Telconf w/Mrs. Robinson Re: Workshop Meeting Hours 0.25 Telcont w/Mr. Hawkins Re: Workshop 0.25 Telcon! w/Atty. Jay Cooper Re: Kunkle Estate - Ortenzio 0.25 Preparation For and Attendance at Special Workshop 4.00 Telcon! w/Mr. Carl Baker Re: Sales Tax Exempt Application For B & R Construction, Inc. 0.25 Telconf w/Ms. Robinson; Telcont w/Prothonotary; DIP Praecipe; DIP Memo to Prothonotary; Telconf wI Mr. John Olyarnik of Hamilton Bank Re: MLD - Walter Peters - Salmon Road Sewer Project 1.25 Research; Telconf w/Mrs. Robinson; DIP Memo to Mrs. Robinson Re: B & R Construction - Sales Tax Exempticn; Travel to Camp Hill Post Ottice 3.25 DIP Memo to Mr. Griffith Re: MLD No. 31037 - Donald Milbrand, Jr. - Salmon Road Sewer Extension 0.25 Telconf w/Mrs. Robinson Re: B & R Construction - Sales Tax Exempticn For B & R Construction, Inc. 0.25 23.75 Total Number of Hours !!:!!!.5! (2) (2) -w (2) (3)@ (1) ..So (3) cQ) (1) (3)@ .' ot Invoice (0 TOt41 Hours 4t $70.00 Per Hour ~/13/93 - F4x Re: Simpson Ferry R04d Project 7/28/93 - S4tist40tion Fee 8/30/93 - Postage 8.485 ( . 20.00 4-q08 J 11.60 - $1,7~.58 $1,662.50 Total Amount Due (1) 16...~5 (2) (3) Construction Account4- s.eg Hours Bond Redemption Fund 14.75 Hours Developers Esorow Fund ~ Hours . .5 Very truly yours. ~ Henry F~ .$a58.80 <80,00 997. SEl 103 <. SO .,'5 9& 3So.i:JO HFO/ors * Not on 14st invoice S)EVELOPcR..5 (3J (1) ~<...e6 5 . @ @ @ (I) C () A..J:ST ~ c3 0.00 -r . f2-j BotJD R eiHE-M(:JT. .5 k Of.,ue<J . ~S.oo2 So 1:;].50 <... ~os ~ I <..3 I~b 1~7 JOb 4(),08 -: ~ 3 ~O. 0<5 # I a..3~ ~o .J . .<..5 3.75 35.00 _ <., 2. ~-o <..,<...~oS . .,s-' - - <.. <..9 oS . / ~19~Y /J{L-. ,/.):5 =- ~,5". ,'0 Allorneys at Law /~~~ cry- I~''-rr 3901 Market Street Camp Hili. PA 17011.4227 (717) 737.0464 Ootober a, 1993 o (::. V G Lo'f G 1a'S Mr. William A. Hawkina. Chairman Hampden Townahip Sewer Authority 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Re: Hampden Townahip Sewer Authority (1) Construction Account (2) Bond Redemption Fund (3) Developers Esorow Fund Dear Bi1'1: Listed below ia my itemized invoice for profesaional services rendered from September 3, 1993 to October 7, 1993, inclusive: 9/8/93 Review of Memo, dated 8/31/93. from Mr. Griffith to Mr. Wible of PennDOT Re: Ortenzio (Trindle North) Ocoupancy Permit 0.25 (3) <ZJ) ~ Subject Hours Funds *9/3/93 Telconf w/Mr. Griffith Re: Domestic Steel Products; Research Re: HTSA Speoifioations 3.25 (<.) ~ 9/8/93 Review of Memo. dated 9/1/93. from Mr. Griffith to Mr. Darrel McMillan Re: Aldersgate Unite~ Methodist Church 0.25 (3)@ 9/8/93 Telconf w/Mr. Griffith; Research and Preparation for and Attendance at Regular Meeting Re: Trindle North; Domestic Steel Produots tor Specifi- cations; Sewer Cut across Simpson Ferry Road 2.50 (2) 9/24/93 Review of Memo from Mr. Griffith to Mr. Wible of PennDOT Re: Westbury CPenndot Ocoupancy Permit) 0.25 (.v rr- ~G .I' Continuation of Invoice Page 2 ~ Subjeot 9/24/93 Teloonf w/Mr. Griffith; Researoh Into Baokground and Creent Status; D/P Memo to Thompson-Wood Realty and Mr. Mike-Gardner Re: Wellington of Hampden (PennDOT Oooupanoy Permit) 9/28/93 Teloonfs w/Mr. Steve Thompson Re: Wellington of Hampden (PennDOT Ooo~panoy Permit) 9/28/93 Review of Final Certificate, dated 9/9/93, Miohael F. Ronca and Sons, Ino. - Additions/Alternations - WWTP 9/29/93 Review of Memo, dated 9/28/93, from Mr. Griffith to Mr. Marty Ortenzio Re: Sewer Extension Agreement (Trindle North) 10/1/93 Researoh; Telconfs w/Mr. Thompson and Mr. Griffith Re: Wellington of Hampden (PennDOT Oooupanoy Permit) 10/1/93 Telconfs w/Mr. Griffith; Review of memo. dated 9/30/93. from Mr. Griffith to Mr. McNaughton Re: Westbury PRD - Phase I and Phase 2A (Keep Sewer Extension Agreements Separate) 10/5/93 Teloonfs w/Mr. Griffith and Mr. Ron Lucas Re: Kingwood Phase 5A (Assignment of Maintenance Bond from Contraotor to HTSA) Review of Memo. dated 10/1/93. from Mr. Griffith to DER Re: Additions/ Alterations to Power Stations 1. 8. and 12 (Applioation for Water Quality Management Permit) 10/6/93 Hours !!!m!. 5.00 (2) 0.50 (2) 0.25 (1) N'~"I. tJ'J I'!,. Ir 1 I7i"\ 0.25 '(3)V 2.50 (2) 0.50 (3)~ 0.50 (3)@ 0.25 (1) -......... Continuation of Invoice Page 3 ~ 1017/93 HFC/crs (3) J1::-i II /1" . ' .aY /I /,'(J . I Subject Travel to Courthouse; DIP Memo to Mr. Griffith Re: Satisfaotion of Municipal Lien - William C. and Janet R. Shuttlesworth, M.L.D. NO. 29,104 (1989) Total Number of Hours Total Hours at $70.00 Per Hour 10/7/93 - Satisfaction of Munioipal Lien Total Amount Due I. <.5 (1) Construction Account ~ Hours (2) Bond Redemption Fund'J:y5~0 Hours (3) Developers Escrow Fund 1.75 Hours Hours !Ym!. ~ 17.00 ~(!) $1,190.00 5.00 $1,195.00 $262>.50 a7..s0 AM nn ~ 6<...s-O 122. 60 1 C/o, 00 o c= VGlo pE=e..s .@ ~<.-3uS.J<.,3 @ ~ <.8 oS. D.9' @ <.."l.~~S.J<.1 @ <..<-e>"S./<.5 e S- ~<.S ,./5 - ,~ L...- -"2.... ~ 3s.. 00 /:;~>~.. .-..----- .". ..--....;: -- I 7. 6-0 S <-'::];0 ~. 5-: -t) '0- ~ nr' tI J 4-0. Co / 'I c/ -c>- .~. d' C n ~ V~. LoP8fe...s Attorneys at Law 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 January 10, 1994 Mr. Wil1i~m A. H~wkins. Ch~irm~n Hampden Township Sewe~ Authority 230 S. Sport ins Hill Road Mechanicsburs, PA 17055 Dear Bi 11 : Re: Hampden Township Sewer Authority (1) Construction Account (2) Bond Redemption Fund (3) Developers Escrow Fund Listed below is my itemized invoice for profession~l services rendered from December 4, 1993 to January 10, 1994, inclusive: Date Subject Hours Funds *11/23/93 Review of Mp.mo. dated 11/17193, from Mr. Griffith to Mr. Spease Re: Riohard Cekovioh Subdivision 0.25 (2) *12/3/93 Telconfs w/Mr, Griffith ~nd Mrs. Robinson Re: Kinsswood 5-A 12/7/93 12/8/93 12/8/93 0.75 (3) @ Telconfs wlMr, Shoffst~ll of Mid Penn Bank and Mrs. Robinson; DIP Draft of Lien; DIP Memo For Record; DIP Memo to Prothonotary Re: Munc. Lien - Ward Group - Simpson Ferry Road Project (Lien No. 32,436) 3.00 (1) Travel to C~rlisle; File Municipal Lien (LMC); DIP Memo to Mrs. Robinson Re: MLD No. 32.436 - Ward Group - Simpson Ferry Road Project 1.75 (1) Review of Memo. dated 12/7/93, from Mr. Griffith to Mrs. Robinson Re: Contractor's Affidavit; Consent of Surety and Ensineer's Certificate Re: Jay Fau1krod & Sons, Inc. - Simpson Ferry Road Project 0.25 (1) Continuation of Invoice Page 2 ~ Subjeot 12/9/93 Research; DIP Memos to Rep. McC~ll, Rep. Vanoe and Sen. Mowery Re: House Bill No. 1131 Hours !!:!ill! 2.50 (2) 12/10/93 Memo to Mr. Griffith Re: Muncip~l Lien - Ward Group - Simpson Ferry Road Project (Reimbursement for Cost of Fi ling Lien) 0.50 (1) 12/14/93 Review of Memo. dated 12/13/93, from Mr. Griffith to Mr. McNaughton Re: Westbury - Phase I (Reduction In Amount of Letter of Credit) 0.25 (3) @ 12/14/93 Telconf w/Mr. Griffith Re: Certific~te of Insurance - Westbury 2-Ai Developer's Escrow - Kinsswood 5-A and Trindle North ,0.50 (3) ~ (3) @ 12/15/93 Telconf w/Mrs. Robinson Re: Developer's Esorow - Trind1e North 0.25 12/16/93 Te1conf w/Judse Woodside's Office Re: Bankruptcy of Ken Hammaker - Mountain View Village (Hearing Continued) 0.25 (2) 12/20/93 Te1confs w/Atty. Frank Re: Kenneth Hammaker - Mountain View Village, Inc. Bankruptcy Proceedings (Matter will go to Sheriff Sale by Harris Savings Assn.) 0.50 (2) 12/21/93 Telconf w/Mrs. Robinson Re: Mount~in View Estates - Sales Tax Exemption Request by Contractor who installed the Sanitary Sewer 0.25 (2) 12122/93 Review of Memo, dated 11/18/93, from Lisa Laudermulaky to HTSA Re: Reduction of Letter of Credit - Turnberry Phase III 0.25 (3) ~ of Invoice ~ Subject 12/23/93 D/P Memo to Trindle North Associates Re: Developer's Escrow Account - Balance Due 12/23/93 DIP Memo to Chairman Hawkins Re: Mountain View Estates - Bankruptcy Proceedings (Status Report - Sheriff Sale 12/23/93 Revi~w of Memo, dated 12/21/93, from Senator Mowery Re: House Bill No. 1131 12/27/93 DIP Memo to Chairman Hawkins Re: House Bill No. 1131 12/28/93 Review of Memo. dated 11/22/93. from Mr. Griffith to Atty. Jay Cooper Re: Legal Descriptions and Plats to be Conveyed to HTSA; Review of Memo, dated 12/22/93, from Mr. Griffith to Mr. Dare1 McMillan Re: Mylar Record Drawings - Highlands of Hampden Square Project 12/28/93 Review of Memo, dated 12/27/93. from Mr. Griffith to Mrs. Robsinson Re: Developers Escrow Accounts for Highlands of Hampden IV and Pinehurst II 1/6/94 Telconf w/Mr. Weaver Re: Mountain View Village - Going to Sheriff Sale 1/6/94 Telconf w/Gary at A-1 Lincoln Rental Re: Simpson Ferry Road Project Total Hours Total Hours @ $70.00 Per Hour Total Amount Due Hours 1.00 1.50 0.25 0.50 0.50 0.25 0.50 ~ 16.00 $1.120.00 $1,120.00 !!!m! (3) @ (2) (2) (2) (3)eE) (3)0 (2) (1) Continuation of Invoice Paso 4' (1) Construction Acccunt (2) Bond Redemption Fund (3) D9velopers Escrow Fund 5.75 Hcurs 6.50 Hours 3.75 Hours Very truly yours. ~~ Henry F. Coyne HFC/crs DE \J Elu.p Go R.5 @ <... ,-9c) S, I <'.5 -~J l.)6-5WM.Q .b'A <E) '<..~ '15. I '<-I - 'W GSTB LI~Y :I. ~ <... <"9 a.s-. J J. ) - "-' E' ST 8 1,1 R'r 1l..,q <....<..~oS. 1<.9 ~ T~n..JOU:; NOR.Ti{ CS) '<-<'905. I.JCJ - 74R..AJi36,e,R"Y III CE) <.<...9 as. J(J6 - 1116-I(LI/AJO..:s lY . NO /l1cI-t '-'I- G:SC( ot-) ~h $402.50 455.00 262.50 17Sh. , <.5 . ,so I , <...5 . <.5 .,S 3.'75 ..... .,,- 5 '2.. so I - / 7 ..:SO I -~~ ~ R -7. ~ 0_ ... ;7. SO... - ..5 "<.. SO , '2...6 z.. s 0 . . ~ . . , . VERIFICATION The taote eet torth in the toresoins are true' and oorreot to the best ot the undersisned's knowledse, intormation and bel1et and are verified subjeot to the penalties tor unsworn talsitication to authorities under 18 Pa. C.S.A. Seotion 4904. HAMPDEN TOWNSHIP SEWER AUTHORITY Dated: ~2.SJfPq'( BJA~ William A. Hawkins, Chairman ,..... ....~ , . , . CBRTIFICATB OF MAILING I, LISA MARIE COYNE, Esquire, do hereby certify that a true and correct copy of the Complaint has been served this ~S~ day of ~~ . 1994, by first class mail, postase prepaid upon those listed below: George E. Ccrnelius. Esquire Eckert Seamans Cherin & Mellott P.O. Box 1248 Harrisburg, PA 17108 Dated: .:?~ ~. 71/ ,,'^ / ).iea Marie Coy v 3901 Market St Camp Hi 11. PA (717) 737-0464 Pa. S. Ct. Nc. 53788 . Esquire eet 17011-4227 NOTICE OF APPEAL COMMONWEAL TH OF PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT NINTH 94-4378 Civil Term COMMON PLEAS No, NOTICE OF APPEAL Notice IS tJPJcn that the appellant has tthld III the ahove COUlt of Cornmun Ph!.I' all appeal hOI11 ttw jud~Jml!l1t fendt!fetl hV the District Justice on the date and In the case numtloned below. ~o,.-.....i:......, ] w~~:;~;,....w. .. .,. 11'11.'. all' caD. Trindle North Associates CI'" AIID.... 01' .""a"L.'" c/o MOl Group. I~.. 4720 Old Gettysbur~ad. Mechanicsburg. PA 17055 .....'....., a.'. 0.. IUDII"'.N' July 28. 1994 '~Ham en Townshi Sewer c.. ow .., CV-OOOO205-94 CV 19 LT 19 This hlock will he signed ONLY when this notation is R,C,P.J,P, No, 100BB, Ttm Nutlce uf Allpcal, when wCl'lvl!d hy the District Justice. will upNaW as a SUPERSEDEAS 10 the judgl11ent fur pO\scsslon in thts case. /I .ppell.llt w.s CI.illlallt lsee P.. R,C,P,J,P. No. loo1(6J in action before District Justice, Ire MUST FILE A COMPLAINT within rwenly 1201 d.ys .fter lilillg I,is NOTICE of APPEAL. S,gn.UUfe 01 Pru,holtorJry Of Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE IT/Iis ",croon 01 forlll ro be IIs.d ONL Y w/lell '{I{le/l.nt w.s DEFENDANT Isee P., R,C.P.J,P. No, 1001111 ill action before District Jllstice. IF NOT USED. det.ch from CO{ly of notice of appe.' to be served lI{1on ,p{le/leel, PRAECIPE: To Prothonolary Enler rule upon Hampden Township Sewer Authoritv Mime of dppelleefll (Common Pleas No, 94 -4 37R civil Term I wilhin twenly (201 days aft . aPllellee(sl, to file a complaint in this appeal nt of non pros. . George E. Cornelius. Esquire PA 1.0. No. 38594 Eckert Seamans Cherin & Mellott P.O.Box 1248, Harrisburg, PA 17108 (11 You arc notified that d rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. RULE: Hampden Township Sewer Authoritv Name of fJPpellee(tJ . appelleels) To (2) If you do nol file a complaint within thIS time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date 0' service 01 this rule if service was by maillS the date of mailing. Dale: AUQ. 4. ,19 94. Aope J1:?90 COURT FtLE TO BE FILED WITH PROTHONOTARY (''', p ~ ! -..'\ ~ ' , ~ 2' 8. ~ ~ ...~ "" "1- -t::- ~ w l>> ~ \~'- "'- ~ c::::::s.+- Ib_': ; c:: VI -- 'f':I.::' ,.. ~ -.....J r\ Pll" I ~ I;...,. ;r-',;'! ..c:. -- .r..' 0 C) v.r , ~C' t. >' .~:.~ 10 - , ~ ~ "'t.;!'~ 'r c:::. r :;,,~"")O ~ t:J u.. ~I~ ....;,-- t- 1'::.'<)~ !i; "-- ;;,c., \- "' ... '\ ...'" ~ - ..., c.O ~ { '\ ~-' ~...; .' " PROOF OF SERVICE OF NOTICE OF APPEAL' AND RULE TO FILE COMPLAINT p: .I'l-b,!".,j 'I;" '. ,'1 ,.:.-"q '" ~'l :"il ;.1:"/ _. <HI f f!;.. rJ~,.'rl- n! .<;('1"1", /' f.1u:;r .'l'[ rl! Ft' ;','ITJltt-,f Flvr ;!J) J)~~, Slit rff: f'''':'i rl'~' II/If'! I' oliIFf',j;' ;'I:f"; ,,,:;If,'l.,hh'!JO\/':j1 COMMONWi.AL rH 0' 1'[NNS"lVANIA COUNTY Uf .n AFFIDAVIT: Jlj",-ll',' ','" ,,l!'"'ltJ,ji Ii .,,; ,\ Il'\, " IiI' ~JIi1:1." III ~\pj),.ll Cl :1"n\)'1 P;"J,) f-Jo, Uti")' 11<, n ,I' (1 JI"I,I:' ;J"'>"j'\dl'd Ihf"l'llllll' /j/. o! :"'!'.,; I') l~) ~i\,' P,'l '.vl'l ).","C!' J Il'i H u! li!;di Ill:~.,k!t:dlln_... ~tlJdl'! '<, "', J" ..' (I, If, ", f ' ',' "'j ft_" d! in.. '. ',j.nill!"., 1t":~I,,1 ;l!l,lI~t\ldt h"h~!O ,;'l'i fUHhf'1 Ih.,t I .!'hl'e! till' fi,l:" It< I ,j.: ,l i~(.llnl:,l:lll .l1:l:nnUhi;l't,lhl Ill.. .-.II..v," NOI."", of APPh': 111",11 thf' ,lpp.'I!!'I'I<,t 10 .',1"';'1 p,.. B ;" -,'.,1' .dd:, ,...,j, 1:1 hy Ih'l'lHL1' ','."',,;1.1"; !\,-; h'l!d;.dl fI, q,~t,''''d) Ill.II!, <'[:'UIl;I\ 1~'P,,'~1 ,)'l.lclwll ""1('10 , , if\! f 111M! UI-IIrm 'Slmoc.;llllH:iJ U'EJ 6rlt\rt' .1),,\ Y or. .. l~i S\\'OHN TillS S"i",//!I/!,.,f"f1,,J1H .')"111 "II'" ,,' "p" . i: II. fo,,' ,~I1,,", ,Iff,!!."" ,L',' 11;,,,.11.' r.,I,. d' 'l"" ".1 ~1't' 1,1!lI1"l'\' \ 'll'~("I!", ,)~\~,_ 19.,__ HAMPDEN TOWNSHIP SEWER AUTHORITY, ) plaintiff ) ) ) v. ) ) ) TRINDLE NORTH ASSOCIATES, ) Defendant ) No. 94-4378, Civil Term .~~lt3{W:1,~Y~! : : , ' .,. " '\l{.\,~;'.ri~I.BaCDTSBAMANSOUIlUN. MBLLOIT ?~7;i;~;:{{:.:: ". ~Zt17101 i?:?'~':f:~{"-> ",. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Certificate of Service ~ I ~f4 "I). _i,:;~ V .~ t, ..,~, .1.. ~h;,~ .f!~~ '::i~j The undersigned hereby certifies that true and correct copies of the Notice of Appeal from District Justice Judgment and a rule upon appellee to file a complaint were served on the appellee's attorney of record and the district justice. by certified mail, on August 4, 1994, at the following addresses: Henry F. Coyne. Esquire 3901 Market Street Camp Hill. PA 17011 Hon. Glenn R. Farner 5002 Lenker Street Mechanicsburg, PA 17055 ,~,:.c__. }-~',,:, ~f:<:: i': ~\ ;:::';~;. , ";'t:,;, 1~~ ~,;'1:, (".~ ~~r:~~ !:H::~ p" August 13, 1994 .... -:r a'> = :':cr:. I. .1 1,>:..-- , ,- '" <:> C") (.>? -- " '" _'1 .::""'-~ r... .-' ...-, -- -~~ -=t" en = Q... Ln '''l . ~ ',I,' '_.':.1 .,. <,' (T) C', c--.J .... .... V1 ECKERT SEAMANS CUERIN & MELLOTT 110 1'0:'< 11U1 I L\NNI'>Ht'lU:, I'^ 111011 1'717) :"\,:",,,"1'" HAMPDBN TOWNSHIP SBWBR AUTHORITY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION TRINDLB NORTH ASSOCIATES, Defendant NO. 94-4378 CIVIL TERM ANSWER AND NEW MA'M'ER AND NOW COMES Defendant. Trindle North Associates. by its attorneys. George E. Cornelius, Esquire, and Eckert Seamans Cherin & Mellott, and for its answer to Plaintiff's Complaint, states as follows: 1. Defendant admits the allegations contained in paragraph one. 2. Defendant admits the allegations contained in paragraph two. 3. Defendant admits the allegations contained in paragraph three. 4. Defendant admits the allegations contained in paragraph four. 5. Defendant admits the allegations contained in paragraph five in part, and denies the allegations in part. Specifically, Defendant admits that Defendant's representative, Martin J. Ortenzio, met with Plaintiff on July 14, 1993, at a public hearing and discussed Defendant's development plans for the premises (as defined in the Complaint) and Plaintiff's possible approval of those plans. Further, Defenda~t was advised by Plaintiff that Plaintiff would not commence any review of Defendant's plans until Defendant paid $500 into an escrow account to fund Plaintiff's engineering and legal costs that were to be incurred in connection with the review of Defendant's plans. Plaintiff further advised Defendant that Plaintiff would refund any unused portion of the escrow account and, if necessary, would request additional deposits into the escrow account if the $500 deposit proved to be insufficient to cover the anticipated engineering and legal fees. The clear implication from Plaintiff's statements was that Defendant would have to maintain sufficient funds in the escrow account to cover all anticipated engineering and legal fees of Plaintiff relating to its review of Defendant's plans, and that Plaintiff would not incur, at any time, expenses in excess of those amounts which had been deposited by Defendant into the escrow account. At no time did Defendant agree to pay into the escrow account more than the deposit of $500 that was actually made and at no time did Plaintiff advise Defendant that Plaintiff would incur engineering 2 and legal expenses in excess of that amount without first obtaining Defendant's consent and deposit of additional funds into the escrow account. Moreover, Defendant had no reason to believe Plaintiff would incur engineering and legal expenses in excess of the amount Defendant had deposited into the escrow account. 6. Defendant denies the allegations contained in paragraph six. None of Mr. Ortenzio's prior real estate development work in Hampden Township involved seeking approval for a subdivision. One of the purposes for Mr. Ortenzio's attendance at Plaintiff's July 14, 1993, public hearing was to ascertain from Plaintiff the nature of any conditions Plaintiff might seek to impose on its approval of Defendant's plan. 7. Defendant admits the allegations contained in paragraph seven in part, and denies the allegations in part. Defendant denies that Mr. Griffith advised Defendant that the $500 escrow account was a requirement set forth in Plaintiff's Standard Construction and Material Specifications for Sanitary Sewer Extensions (1986). Defendant further incorporates by reference its answer to paragraph five of the Complaint. 8. Defendant admits the allegations contained in paragraph eight in part, and denies the allegations in part. Defendant 3 admits that it paid to Plaintiff the sum of $500 to hold in escrow, against which could be drawn sums to pay Plaintiff's engineer and lawyer for fees that were incurred by Plaintiff and that were necessary, reasonable and proper in connection with Plaintiff's review of Defendant's plans. Defendant denies that the $500 payment was, or was intended to be, an "initial" sum. Defendant was not advised, until well after the fact, that the $500 would be insufficient to cover Plaintiff's engineering and legal fees, and Defendant never agreed to deposit with Plaintiff any additional funds, as suggested by the term "initial" in Plaintiff's allegation. 9. Defendant admits the allegations contained in paragraph nine. 10. Defendant admits that it submitted plans to Plaintiff, but, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the other averments contained in paragraph ten, specifically, whether the plans "were required to be reviewed by Plaintiff's consulting engineer, Lynn E. Griffith, P.E. of Gannett Fleming, Inc. of 207 Senate Avenue, Camp Hill, Pennsylvania; by its right of way solicitor, J. Jay Cooper, Esquire, of the Law Firm of Goldberg, Katzman and Shipman, P.C. of 320 Market Street, Harrisburg, 4 Pennsylvania; and its solicitor, Henry F. Coyne, Esquire with offices at 3901 Market Street, Camp Hill, Pennsylvania." 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eleven. 12. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twelve. 13. Defendant admits the allegations contained in paragraph thirteen in part, and denies the allegations in part. Defendant admits that it submitted to Plaintiff various revisions to its plans, but denies the implication that Defendant failed to advise Plaintiff of Defendant's decision not to pursue the development of the premises, and further denies the implication that Defendant knew that Plaintiff would incur engineering and legal expenses in excess of the amount deposited by Defendant into the escrow account. 14. Defendant denies the allegations contained in paragraph fourteen. At such time Defendant received notice from Plaintiff of its demand for an additional deposit of funds by Defendant 5 into the escrow account, Defendant advised Plaintiff that it would not make any additional deposits into the escrow account. 15. Defendant admits that it has not paid to Plaintiff the sums sought by Plaintiff's Complaint, but denies that Defendant is liable for such sums. NEW MATTER 16. At no time did Defendant agree to pay to Plaintiff any amounts other than the $500 deposited by Defendant into the escrow account in July 1993. 17. At no time did Defendant agree to pay to Plaintiff the amounts sought by Plaintiff's Complaint. 18. Plaintiff advised Defendant that Plaintiff would not commence reviewing Defendant's plans until Defendant deposited $500 into an escrow account. 19. At no time did Plaintiff advise Defendant that Plaintiff would incur engineering and legal expenses in excess of $500 without first advising Defendant of the need to do so or without first obtaining from Defendant additional sums to be deposited into the escrow account. 6 20. The sums sought by Plaintiff's Complaint include expenses for other than engineering and attorneys' fees, including, without limitation, charges for secretarial time. 21. Certain attorneys' fees included within the sums sought by Plaintiff's Complaint are not related to Plaintiff's review of Defendant's plans. 22. Certain expenses incurred by Plaintiff and which are the subject of Plaintiff's Complaint were neither necessary, reasonable or proper in connection with Plaintiff's review of Defendant's plans. 7 WHEREFORE, Defendant prays that judgment be entered in its favor and against Plaintiff and that Defendant be awarded its costs to the full extent permitted by law. September ~/, 1994 ~:::'t c?=~~ Attorney for Defendant Pa. Supreme Court I.D. No. 38594 Eckert Seamans Cherin & Mellott One South Market Square Building 213 Market Street Harrisburg, PA 17101 NOTICE TO PLEAD To: Hampden Township Sewer Authority You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a judgment may be entered against you. ilMN1t f' ~~ IGeorge . Corne us, Esqu re Attorney for Defendant 8 VERIFICATION The averments and denials of fact contained in the foregoing Answer and New Matter are true and correct to the best of the undersigned's knowledge or information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. S 4904. TRINDLE NORTH ASSOCIATES By: \11CLth l____ 9 (. 0< CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer and New Matter was served on the following counsel of record by deposit in the United States mail, first class postage prepaid, this 1i2t day of September, 1994: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 b~c~(~ Attorney for Defendant 10 HENRY F. COYNE AnO"N&V AT LAW 3lIOl MA"KET .T"EET CAN" HILL. ~A '70 I t 1717. 737.(M.. HAMPDBN TOWNSHIP SBWBR AUTHORITV, Plaintitt IN THE COURT OF COMMON PLBAS CUMBERLAND COUNTY, PA va. CIVIL ACTION TRINDLE NORTH ASSOCIATES, Detendllnt NO. 94-437S CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANT'S NBW MATTER AND NOW COMES Plllintift, HlImpden Township Sewer Authority, by its 1eglll oounsel, Lisll MlIr1e Coyne, Esquire, lInd files the following Reply To Defendllnt's New Matter: 16. Denied. The Defendllnt WllS lIdvised thllt in lIooordllnoe with pllrllgrllph 1.19(1I) (Fee Requirements) of its Stllndllrd Construotion lInd MlIterilll Specifiolltions For SlInitllry Sewer System Extension (1986), lIn initilll tee in the lImount of Five Hundred Dollllrs ($500.00) would hllve to be deposited. Speoifio1l11y pllrllgrllph 1.19(1I) stlltes: "Fee Requirements. The Developer will be required to PllY the following fees lIppliollble to the sewer extension. (1I) Authority Review Fee. An initilll fee of $500.00 mllde pllYllble to the HlImpden Township Sewer Authority shllll be remitted with the first submission of doouments to l the Authority for review. Additional fees in $500.00 incremsnts shall be remitted to the Authority when requested as the review ccntinues. Any balance remaining after the review is complete will be deposited in the escrow account desoribed below." 17. Denied. Plaintiff's Reply tc paragraph 16 is incorporated herein. 18. Admitted. See Exhibit "A" to Plaintiff's Complaint. 19. Denied. Plaintiff's Reply to paragraph 16 is incorporated herein. 20. Denied. The fees incurred by Plaintiff for services by its consulting engineer were legitimate, necessary and reasonable. 21. Denied. The fees incurred by Plaintiff for legal services were related to services generated by Defendant's actions and were legitimate, necessary and reasonable. 22. Denied. The fee incurred by Plaintiff for services by its professional consultants were generated by Defendant's actions. The said services were legitimate, necessary, reasonable and proper. WHRREFORR, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of Six Hundred Twenty-five Dollars ($625.00) plus interest from September 8, 1993 and docket costs and cost for district justioe action. Respectfully submitted: Dated: 1JS" ocr <1'1 /7. ''1'. I ,,1.v;J.. /;~ ~M- 4isa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 VERIFICATION The taot8 8et torth in the foresoins are true' and oorreot to the best of the undersisned's knowledse, intormation and belief and are veri tied subjeot to the penalties for unsworn falsifioation to authorities under 18 Pa. C.S.A. Seotion 4904. HAMPDEN TOWNSHIP SEWER AUTHORITV Dated: Od $, 1?9~ ~y~~~ Chairman I: I: I ! r> >. .. CERTIFICATE OF MAILING I, Li8a Marie Coyne, E8quire, do hereby oertity that a true and oorreot oopy ot Plaintitt'8 Reply To Detendant'8 New Matter has been mailed thi8 ~day ot Ootober, 1994, by tir8t 01a88 mail, p08tage prepaid upon th08e li8ted below: George E. Corneliu8, E8quire Eokert Seaman8 Cherin & Mellott One South Market Square Building 213 Market Street Harri8burg, PA 17101 Dated: ~5' OCT "i -"J ,> 'II ,/ /.' . ~ /~ ~ ..-<- ~8a Marie Co ne, E8quire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 {, I -::r en ,- - ..r?:, :!= ., m , ,., '. ....,::\ - ... = " HAMPDEN TOWNSHIP SEWER AUTHORITY, plaintitf vs. TRINDLE NORTH ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-4378 CIVIL TERM NOTICE 01' HEARING BY BOARD 01' ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court in the above-captioned case will sit for the purpose of their appointment on Wednesday, March 22, 1995, at 9:30 A.M. in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, pennsylvania. Board of Arbitrators By: - ~~~~~ Edward L. SC~q., Chairman Dated: /- '30-9.s- To: Lisa Marie Coyne, Esq. Attorney for Plaintiff 3901 Market Street Camp Hill, PA 17011 Christopher C. Houston, Esq. Broujos, Gilroy & Houston Four North Hanover Street CarliSle, PA 17013 Court Administrator's Office CUmberland County Courthouse One Courthouse Square Carlisle, PA 17013 Bulletin Board Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 George E. Cornelius, Esq. Attorney for Defendant Eckert, Seamans, Cherin & Mellott P.O. Box 1248 HarriSburg, PA 17108 James D. Hughes, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 ,J, <--.. HENRY F. COYNE ATTO~N&Y AT LAw 31101 MARKET STREET CA.... HILL. "A 1701\ 17171 737o(MN ~-- ._~ 00112 1994 ~ HAMPDEN TOWNSHIP SEWER AUTHORITY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 94-4378 CIVIL TERM V8. TRINDLE NORTH ASSOCIATES, Defendant CIVIL ACTION PETITION FOR APPOINTKENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Li8a Marie Coyne, E8quire, coun8el for the Plaintiff in the above aotion(8), re8peotfu11y repre8ent8 that: 1. The above-oaptioned aotion(8) i8/are at i88ue. 2. The olaim of the 1{,;Jtf.iJ'J 1..~C1,l (u...'> . Defendant 'in the Plaintiff in the The oountero1aim aotion is if, ( aotion i8 of the The fo110wins attorneY8 are intere8ted in the oa8e(8) a8 ooun8el or are otherwi8e di8qualified to 8it a8 arbitrator8: Henry F. Coyne, E8quire and Georse E. Corneliu8, E8quire. WHEREFORE, your Petitioner praY8 your Honorable Court to appoint three (3) arbitrator8 to whom the oa8e 8hall be 8ubmitted. Re8peotfully Dated: 'f) IJC,T 'If 8a Marie Coyn , E8quire Attorney for P aintiff ORDBR OF COURT AND NOW, the ~ day of ~on8iderat1Pn of the fores i S ~C_J.U:TIt..../P ,EamJire; E8quire; and , E8quire, are appointed arbitrator8 in the above-oaptioned aotion(8) a8 prayed for. n By the Court, -tIn ~ I r j' (\" P.J. U"> en - -:r ~ ::r= ~--r .... ,,:-J 0":> - '-' = .' :;1- --< \{1 C" c:':'\ r-- , .., "" ., --. ~~ -- ~ ~ IX:> A "I"' \"- ~~ ~ ~~ ,..... ............ Henry F. Co e, Esquire 390 I Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Solicitor, Hampden Township Sewer Authority HAMPDEN TOWNSHIP SEWER AUTHORITY. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA V5. : NO. 1994 CIVIL 4378 TRlNDLE NORTH ASSOCIATES. Defendant To the Prothonotary: Please mark the above-caplioned action settled and satisfied. COYNE & COYNE, P.C. Dated: ~ 1 ~cJ; eS By: I~ .. ..-.....~,,'., oj ~- '-D C IT: ~, ~< . \1 ! ~::: N . ) , , " c.: " , , ,--' . r~ , .~~j ~~~ ('I ;-. , c. r~ c'J <.:> ll_ e", ::"-i ...... U c-_"'" G ,... r