HomeMy WebLinkAbout02-4177In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
!! Docket No. (D2 -- qlY 7
Plmnt~ff i
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 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 judgrnent may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
yOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
Telephone No. (717) 249-3166
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
Plaintiff
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
Docket No.
Aviso
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace falta asentar una comparesencia escrita o en persona
o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las
demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara
medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas,
la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las
provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCIONSE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
Telefono. (717) 249-3166
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc., i Docket No
Plaintiff !!
Rock-Airport of Pittsburgh, L.L.C.,
Defendant i
-
Complaint
AND NOW, comes the Plaintiff, Delta Development Group, Inc. ("Delta"), by its
undersigned counsel, and files this Complaint against the Defendant, Rock-Airport of Pittsburgh,
L.L.C ("Rock"), and in support thereof avers as follows:
Parties
The Plaintiff, Delta Development Group, Inc. ("Delta"), is a Pennsylvania corporation
with a principal place of business at: 2000 Technology Parkway, Suite 200,
Mechanicsburg, PA 17050.
The Defendant, Rock-Airport of Pittsburgh, L.L.C ("Rock"), is a Pennsylvania limited
liability company with (a) a principal place of business at: 1000 Rockpointe Boulvevard,
Rockpointe Business Airport, Tarentum, PA 15084; and, (b) a registered business office
off 1885 Main Street, Pittsburgh, Pennsylvania, 15215.
Jurisdiction
Under 42 Pa.C.S. § 931, the Court of Common Pleas has exclusive jurisdiction over the
subject matter that is more fully discussed herein.
Venue
Venue is proper in Cumberland County because payment under the Agreement (which is
defined herein) was (is) due in Cumberland County, Pennsylvania. See Pa.R.C.P. No.
2179(a); Lucas Enterprises, Inc. v. Paul C. Harmon Co., 273 Pa. Super. 422, 417 A.2d
720 (1980) (In a breach of contract action alleging a failure to pay, venue is proper in the
county where payment is due.).
10.
11.
12.
13.
14.
15.
16.
17.
Venue is also proper in Cumberland County because the majority of all of the services
rendered by Delta to Rock under the Agreement (as discussed more fully herein)
occurred at D elta's principal place of business in Cumberland County, Pennsylvania. Pa.
R.C.P. No. 2179(a).
Background
Delta is an independent consultant in the business of providing economic development,
governmental affairs and other similar services (including, but not limited to, planning
and grant administration services) for which Delta receives compensation.
On (or about) April 2001, Rock desired to secure funding for infrastructure and site
development to support the construction of both the Rock Airport of Pittsburgh and the
RockPointe Business Airpark.
On (or about) April 18, 2001, Delta and Rock entered into an written agreement
("Agreement"). A true and correct copy of the Agreement is attached hereto (and
incorporated herein) as Exhibit A.
Delta and Rock agreed that outstanding fees owed by Rock under the earlier agreement
would be invoiced under the Agreement.
Under the Agreement, Delta agreed to provide planning and grant administration services
to Rock, in consideration for Rock's agreement to pay Delta for the value of these
services.
Under the Agreement, Rock agreed to pay Delta for services rendered to Rock at the fees
and rates set forth in the Agreement, in consideration for Delta's agreement to provide
planning and grant administration services to Rock.
Paragraph 4 of the Agreement provides that "[a]ny invoices unpaid after thirty (30) days
will be assessed an interest fee of 1.5% per month."
Delta provided the agreed upon services to Rock during the term of the Agreement.
The services rendered by Delta to Rock were at all times proper, satisfactory, consistent
with the Agreement and in performance of the Agreement.
Pursuant to the terms of the Agreement, Delta forwarded monthly invoices to Rock
requesting payment for services rendered by Delta to Rock. Copies of invoices from
Delta to Rock under the Agreement are attached hereto (and incorporated herein) as
Exhibit B.
The monthly invoices forwarded by Delta to Rock requested that payment be made to
elta at Delta s pnnc~pal place of bus~ness in Cumberland County, Pennsylvania.
For a period of time, Rock made periodic payments to Delta on the invoices for services
rendered by Delta to Rock under the Agreement..
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Rock made such periodic payments to Delta at Delta's principal place of business in
Cumberland County, Pennsylvania.
From April 18, 2001 to the present, Rock has not objected or otherwise notified Delta
that the services rendered by Delta to Rock were improper, unsatisfactory, inconsistent
with the Agreement or not in performance of the Agreement.
Count 1
Breach of Contract (Agreement)
Failure to Pay for Services Rendered
Delta incorporates the allegations and facts set forth in Paragraphs 1 through 19
(inclusive), as if they were set forth herein at length.
Rock has failed to pay each invoice for services rendered by Delta to Rock in full as
required by the Agreement.
From on (or about) August 28, 2001, Rock has stopped making any payments to Delta for
services rendered by Delta to Rock under the Agreement.
Presently, Rock is $ 78,383.06 plus (at least) $ 7,481.41 in interest, in arrears on its
payments to Delta for the services rendered by Delta to Rock under the Agreement.
Despite repeated demands by Delta to Rock, Rock has failed and refused to pay said
amount in arrears for services rendered by Delta to Rock under the Agreement.
Rock's failure to remit to Delta the $ 85,864.47 owed is a material breach of the
Agreement between Delta and Rock.
Rock's breach of the Agreement (as discussed more fully herein) has caused injury to
Delta in the amount of $ 85,864.47.
The above-mentioned amounts owed by Rock to Delta are in excess of the arbitration
limits for Cumberland County.
[Signature Appears on Next Page]
WHEREFORE, the Delta requests that this Court:
(1)
enter a judgment against Rock in the amount of $ 85,864.47, plus costs
and interest from the date of demand in accordance with the law and their
Agreement; and,
(2) grant any other relief deemed appropriate.
Respectfully submitted,
Michael D. Klein'~'~sqfiire
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeuf, Lamb, Greene & MacRae, L.L.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-8720
Attorneys for Plaintiff,
Delta Development Group, Inc.
4
Agreement:
A.
B.
Agreement
Invoices
List of Exhibits
Agreement
(5 pages)
Exhibit A
49 AIRPORT DRIVE, PITTSBURGH, PA 15084 · 724-255-1144 · FAX: 724-265-2223
May 5, 2001
Delta Development Group, Inc.
200 Technology Parkway
Mechanicsburg, PA 17055
Atm.: Anthony Seitz
Re: Rockpointe Business Ah-park
Dear Tony:
I am enclosing an executed copy of the contract between Delta and Rock Airport of
Pittsburgh, LLC, along with a check in the amount of $2429.60 pursuant to the terms of
paragraph 5. (You will note that I have initialed the remaining numbers of the Agreement which
were mislabeled.) I look to getting together in the near future, meeting the new member of the
team that you mentioned, and plotting a funding strategy. Talk to you soon.
Very Truly Yours,
Rock Airport of Pittsburgh, LLC
Dav~CffL~C~~sq.
Vice-Presidem & General Counsel
AGREEMENT
THIS AGREEMENT, entered into on April 18, 2001, by and between Delta Development Group,
Inc. (hereinafter called "Delta"), a corporation organized under the laws of Pennsylvania, located at
2000 Technology Parkway, Suite 200, Mechanicsburg, Pennsylvania 17050 and the Rock Airport of
Pittsburgh, LLC, located at 1885 Main Street, Pittsburgh, Pennsylvania 15215 (hereinafter called
"Client").
WHEREAS, Client and Delta seek to terminate their previous agreement ("previous agreement")
entered into on December 8, 1999 and further seek to enter into a new AGREEMENT as provided
for below.
WHEREAS, Client has a continuing need to secure funding for infrastructure and site development
to support construction of both the Rock Airport of Pittsburgh and the RockPointe Business Airpark.
WHEREAS, Client has a need for planning and grant administration services related to securing the
infrastructure funding for its projects.
WHEREAS, such services include communications with federal, state and local governmental
agencies, and facilitating agency reviews and approvals required to support funding of Client's
projects.
WHEREAS, Delta includes personnel with expertise in the areas of aviation planning, government
relations, and public funding as they relate to the aforementioned development project.
NOW THEREFORE, it is deemed to be to the material advantage of Delta and Client to agree to the
terms and conditions included in this AGREEMENT, as described below:
Delta agrees to conform to and abide by the laws, rules, regulations, and codes that are
binding upon or applicable to Delta, its principals, investors, managers, and officers.
2. Delta shall perform the following services ~tnd duties on behalf of the Client:
A. Completion of a Pennsylvania Department of Community and Economic
Development application for Infrastructure Development Program (IDP) grant
funding.
B. Working with the Client, revise / prepare pro forma for both the business airpark
and the airport projects. Delta will meet with the Client to discuss the pro forma
and will present it to Allegheny County Redevelopment Authority officials and
the potential private investor, as directed by the Client.
Communication with the Governor's Office of the Budget and state and local
officials, as appropriate, including the preparation of support materials,
advancing the release of the remaining uncommitted RACP funds ($1,000,000)
for the business airpark. Subject to the results of our communication efforts,
preparation of an amended application or revised application materials, as
directed by the Office of the Budget.
Assist Client's engineer in preparing a Bureau of Aviation (BOA) funding
submission. The BOA funds would require a 25% cost share. Administrative
requirements will affect eligibility and timing of funds. Delta will work with
Client and Client's engineer to determine the regulations and process related to
the BOA funding and will work to expedite release of such funding.
E. Delta will prepare a master project-funding schedule, incorporating the funding
sources described above.
F. Delta will attend and prepare materials for meetings with state and local officials
needed to support approval of the funding sources listed above in A, C, and D.
Delta will research state and federal funding opportunities in addition to the
funding described in A, C, and D above. Delta will present its findings and
recommendations to the Client regarding such additional funding opportunities.
Should Client elect to pursue additional funding through Delta, a new scope will
be submitted by Delta to the Client for its review and approval.
No guarantee of public funding amounts can be made or is implied by Delta.
Delta believes there is significant potential to secure additional public funding for
the Client's project and will use its best efforts to secure such funding.
This AGREEMENT is effective upon execution and remains in effect for a period of fifteen~
(t5) montha, unless both Client and Delta extend it.
In consideration of the faithful performance by Delta of the services set forth in Section 2
above, Client agrees to pay Delta a base. fee in the amount of Five Thousand Dollars
~{$5,000.00) per month, plus reimbursement of "reasonable and ordinary expenses" as defined
below, for the term of this AGREEMENT. The base fee will provide the Client with forty
.(40Lhours of work per month or six hundred (600) hours over the term of this
AGRF,~MENT. Should Delta provide six hundred (600) hours of work before this
AGREEMENT expires, Delta will stop work and provide client with a new scope of work
and budget for additional work. Under no circumstances is Delta obligated to provide over
six hundred (600) hours of work under this AGREEMENT. Client will be billed for the fee,
plus expenses, on a monthly basis on the first day of each month. Any invoices unpaid after
thirty (30) days will be assessed an interest fee of 1.5% per month. ~
2
The Client will be invoiced for fees outstanding to Delta under the previous agreement. The
amount of the fees outstanding is Fourteen Thousand Five Hundred Seventy-Seven Dollars
and Fifiy-Nine Cents ($14,577.59). ~The Client will be invoiced for the outstanding fees over
a period of six equal payments. The first payment of Two Thousand Four Hundred Twenty-
Nine Dollars and Sixty Cents ($2,429.60)is due upon execution of this AGREEMENT.
Future payments will be billed as part of the Client's monthly invoices. Any item invoiced
and not paid on a timely basis as outlined in paragraph 4, will be assessed interest as noted in
the above aforementioned paragraph. Payment of the outstanding fees in full by the Client
will satisfy the Client's entire obligation to Delta under the previous agreement.
For purposes of this AGREEMENT, "reasonable and ordinary expenses" are those related
specifically to the services performed and not those incidental to the conduct of general
business. Such direct expenses include transportation costs, subsistence connected with
authorized travel, reproduction costs, postage, special supplies, and the like. These ~
will be detailed on the monthly invoice and will not exceed Five Hundred Dollars
~'montlt unless otherwise communicated with the client in advance.
Unless otherwise instructed by Client, Delta and its agents, employees, consultants,
affiliates, partners, and associates agree to maintain confidentiality over the matters
pertaining to the work, findings, and recommendations to be performed hereunder, except
that disclosure made necessary, with the approval of the client, by the terms of the work
to be performed.
Either party may terminate the AGREEMENT by providing thirty (30) days written notice to
the other party. In the event notice of termination is received or initiated by Delta, all work
shall immediately end and no further costs shall be incurred by Delta on behalf of the Client.
In the event of termination, Delta will provide the Client with any report, plan, or physical
result of its contracted work that has been completed at the time the AGREEMENT is
terminated. Any fees or expenses due Delta must be paid by the Client within thirty (30)
days of Delta's invoice for such fees and expenses and are not discharged by termination.
No provision of this AGREEMENT shall be waived or modified by any failure to insist upon
same; or in any manner whatsoever other than by express writing duly signed by both parties
hereto.
This AGREEMENT is executed in duplicate; the Client shall receive one original from Delta
and Delta shall retain one original.
3
IN WITNESS WHEREOF, the parties hereto have signed or caused to be signed, this 18t~ day of
April 2001.
This AGREEMENT is executed with the intent to be legally bound.
DELTA DEVELOPMENT GROUP, INC.
BY:
Eric R. Clancy
ROCK AIRPORT OF PITT~hBURGH, LLC
BY:
4
Invoices
(32 pages)
Exhibit B
Project D.99825.01
Invoice
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
ROCK
Date
January 31,2000
February 29, 2000
Mamh 31,2000
April 30, 2000
May 31,2000
June 30, 2000
July 31,2000
August 31,2000
September 30, 2000
October 31,2000
November 30, 2000
December 31,2000
January 31,2001
February 28, 2001
March 21,2001
TOTAL
Dollar Status I
Amount
$10,034.96 Paid
$10,031.65 Paid
$10,603.69 Paid
$10,695.34 Paid
$10,735.23 Paid
$10,492.57 Paid
$10,521.52 Paid
$10,630.26 Paid
$10,513.74 Paid
$10,710.11 Paid
$10,922.33 Paid
$10,847.01 Paid
$10,725.17 Paid
$10'569'20 <~' '1 Paid $8421'21 I
-$29,196.23 Unpaid $2147.99
$118,836.55
Project D.01825.01
Invoice
Number
1
2
3
4
5
6
7
8
9
10
11
13
14
15
15
Date
Dollar Status
Amount
May 1,2001 $5,000.00 Past Due
June 1,2001 $5,404.35 Past Due
July 1,2001 $5,102.25 Past Due
August 1,2001 $5,285.95 Past Due
September 1,2001 $5,306.18 Past Due
October 1,2002 $5,391.48 Past Due
November 1,2002 $5,486.95 Past Due
December 1, 2001 $5,456.18 Past Due
January 1,2002 $5,534.90 Past Due
February 1,2002 $5,730.39 Past Due
March 1,2002 $5,981.83 Past Due
March 31,2002 $5,933.52 Past Due
April 1,2002 $6,104.12 Past Due
May 1,2002 $5,993.35 Past Due
June 1,2002 $6,005.03 Past Due
TOTAL
$83,716.48
IGrand Total Billed
Rec'd to date
Balance due Delta
$202,553.03 I
($116,688.56)
$85,864.47
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg,.PA 17050.9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from May 17 2001 to May 31~ 2001
Fee
Total Fee 5,000.00
Total Earned
Total Fee
May 1, 2001
Project No: D.01825.01
Invoice No: 0000001
5,000.00
5,000.00
Outstanding Fees Due Under the Previous Agreement
2"~ Payment of 6 Total Outstanding Obligation
2,429.60
Total this invoice
$7,429.60
Thank you fo~ your business ............... (717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
June 1, 2001
Project No: D.01825.01
Invoice No: 0000002
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from June 1, 2001 to June 30~ 2001
Fee
Total Fee 5,000.00
Total Earned
Total Fee
Reimbursable
Travel and Lodging
5/21/01 Smith, Erik J.
5/16/01 Asper, Darren J.
5/16/01 Seitz, Anthony B.
Telefax
5/31/01 Faxes
Prints & Reproductions
5/31/0t Photocopies
Meals & Refreshments
5/16/01 Seitz, Anthony B.
Postage / Shipping / Delivery
6/6/01 Federal Express Corp.
Total Reimbursables
Mileage
Mileage
Mileage
5,000.00
6.90
153.24
145.94
5.00
2.96
3.35
11.96
329.35
5,000.00
329.35
Interest
1.5% of 5,000.00 (balance over 30 days)
Outstanding Fees Due Under the Previous Agreement
3r~ Payment of 6 - Total Outstanding Obligation
75.00
2,429.60
Outstanding Invoices
Number Date Balance
0000001 5/1/01 7,429.60
Total this invoice
$7,833.95
Thank you for your business ............... (717) 441-9030
. Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D,01825.01 Rock Airport
Rockpointe Business Airpark
Profe_==_i~_nal services from July 1~ 2001 to July 31,200t
Fee
Total Fee 5,000.00
Reimbursable
Travel and Lodging
6/1/01 Kiine, Jr., LeRoy D. Parking
6/6/01 Nicotra, Tara D. Tolls
Telefax
6/30/01 Faxes
Meals & Refreshments
6/1/01 Kline, Jr., LeRoy D. Meals
Total Reimbursables
Total Earned
Total Fee
July 1,2001
Project No: D.01825.01
Invoice No: 0000003
5,000.00
2.00
4.40
3.00
17.85
27.25
5,000.00
27.25
Interest
1.5% of 5,000.00 (balance over 30 days)
Outstanding fees due under the previous agreement
4~h Payment of 6 of total outstanding obligation
Outstanding Invoices
Number Date Balance
0000001 5/1/01 7,429.60
0000002 6/1/01 7,833.95
Total 15,263.55
Total this invoice
Total now
75.00
2,429.60
$7,531.85
$22,795.40
Thank you for your business ...............(717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark ~
Professional services from-~ 1, 2001 t ~o~__ 31, 2001
Fee
Total Fee 5,000.00
Total Earned
Total Fee
Reimbursable Expense
Telefax
7/31/01 Faxes
Meals & Refreshments
7/13/01 Seitz, Anthony B.
Postage / Shipping / Delivery
7/30/01 Federal Express Corp.
7/30/01 Federal Express Corp.
Total Reimbursables
Meals
Interest
1.5% of 15,356.60 (balance over 30 days)
Outstanding Invoices
Number Date Balance
0000001 5/1/01
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
Total 15,506.60
Project No: D.01825.01
Invoice No: 0000004
5,000.00
5,000.00
1.00
28.04
11.00
15.56
55.60 55.60
Total this invoice
230.35
$5,285.95
Total now due
TERMS-(DUE ON RECEIPT) Thank you for your business..(717) 441-9030
Invoice
Delta Development Group, Inc.
z000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
September 1, 2001
Project No: D.01825.01
invoice No: 0000005
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from Auqust 1,2001 to Au.qust 31, 2001
Fee
Total Fee 5,000.00
Total Earned
Total Fee
5,000.00
5,000.00
interest
1.5% of 20,792.55 (balance over 30 days)
Outstanding fees due under the previous agreement
2,147.99
Outstanding Invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
Total 20,792.55
Total this invoice
Total now
$7459.88
$28,252.43
TERMS-(DUE ON RECEIPT) Thank you for your business..(717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from September 1,2001 to September 30, 2001
Fee
Total Fee 5,000.00
Total Earned
Total Fee
October 1, 2001
Project No: D.01825.01
Invoice No: 0000006
5,000.00
5,000.00
Interest
1.5% of 26,098.73 (balance over 30 days)
391.48
Outstanding Invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
Total 26,098.73
Total this invoice
Total now
$5,391.48
$31,490.21
TERMS- (DUE ON RECEIPT) Thank you for your business..(717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from October 1, 2001 to October 31,2001
Fee
Total Fee 5,000.00
Reimbursable
Travel and Lodging
9/28/01 Seitz, Anthony B.
Total Reimbursables
Total Earned
Total Fee
November 1, 2001
Project No: D.01825.01
Invoice No: 0000007
5,000.00
14.60
14.60
5,000.00
14.60
Interest
1.5% of 31,490.21 (balance over 30 days)
472.35
Outstanding lnvoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
0000006 9/27/01 5,391.48
Total 31,490.21
Total this invoice
Total now
$5,486.95
$36,977.16
TERMS-(DUE ON RECEIPT) Thank you for your business,.(717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from November 1~ 2001 to November 30, 2001
Fee
December 1,2001
Project No: D.01825.01
Invoice No: 0000008
5,000.00
Interest
1.5% of 30,412.20
(balance over 30 days)
Outstanding Invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
0000006 9/27101 5,391.48
0000007 11/1/01 5,486.95
Total 36,977.16
Total this invoice
Total now due
456.18
5,456.18
42,433.34
TERMS-(DUE ON RECEIPT) Trtank you for your business..(717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from December 1, 2001 to December 31~ 2001
Fee
Reimbursable Expense
Prints & Reproductions
12/27/01 Faxes
Total Reimbursables
December 31, 2001
Project No: D.01825.01
Invoice No: 0000009
3.50
3.50
5,000.00
3.50
Interest
1.5% of 35,426.80 (balance over 30 days)
531.40
Outstanding Invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
0000006 9/27/01 5,391.48
0000007 11/1/01 5,486.95
0000008 12/1/01 5,456.18
Total 42,433.34
Total this invoice
Total now due
5,534.90
47,968.24
TERMS-(DUE ON RECEIPT) Thank you for your business..(717) 441-9030
Invoice
Oelta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from January 1~ 2002 to January 31~ 2002
Fee
Reimbursable Expense
Postage / Shipping / Delivery
1/10/02 Federal Express Corp.
1/10/02 Federal Express Corp.
Total Reimbursables
February 1, 2002
Project No: D.01825.01
Invoice No: 0000010
18.89
30.05
48.94
5,000.00
48.94
Interest
1.5% of 45,430.30 (balance over 30 days)
681.45
Outstanding Invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
0000006 9/27/01 5,391.48
0000007 11/1/01 5,486.95
0000008 12/1/01 5,456.18
0000009 12/31/01 5,534.90
Total 47,968.24
Total this invoice 5,730.39
Total now due 53,698.63
TERMS-(DUE ON RECEIPT) Thank you for your business,.(717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from February 1, 2002 to February 28~ 200?
Fee
Reimbursable Expense
Travel and Lodging
11/29/01 Nicotra, Tara D.
1/16/02 Seitz, Anthony B
1/16/02 Seitz, Anthony B.
1/16/02 Seitz. Anthony B.
1/16/02 Nicotra, Tara D.
1/16/02 Nicotra, Tara D.
1/16/02 Seitz, Anthony B.
Prints & Reproductions
1/29/02 Meeting Folders
1/29/02 Meeting Fotders
2/28/02 Faxes
Meals & Refreshments
1/16/02 Seitz, Anthony B.
1/16/02 Seitz., Anthony B.
Total Reimbursables
Mileage
Mileage
Parking
Mileage
Interest
1.5% of 45,430.30 (balance ever 30 days)
March 1, 2002
Project No: D.01825.01
Invoice No: 0000011
4.83
730
7.30
6.00
'5.11
6.00
109.50
123.50
2500
2.50
1.59
1.75
300.38
5,000.00
300.38
681.45
Outstanding Invoices
Number Date Balance
0000001 6/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
TERMS-(DUE ON RECEIPT) Thank you for your business..(717) 441-9030
Total this invoice
5,981.83
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from March 1, 2002 to March 31, 2002
Fee
Reimbursable Expense
Travel and Lodging
3/11/02 Nicotra, Tara D.
3/11/02 Nicotra, Tara D.
3/11/02 Seitz, Anthony B.
Prints & Reproductions
3/22/02 Meeting Folders
Total Reimbursables
Parking
Mileage
Mileage
March 31,2002
Project No: D.01825.01
Invoice No: 0000013
4.00
5.84
109.50
5,000.00
57.00
176.34 176.34
Interest
1.5% of 50,479.24 (balance over 30 days)
757.18
Outstanding Invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
0000006 9/27/01 5,391.48
0000007 11/1/01 5,486.95
0000008 12/1/01 5,456.18
0000009 12/31/01 5,534.90
0000010 2/1/02 5,730.39
0000011 3/1/02 5,981.83
Total 59,680.46
TERMS-(DUE ON RECEIPT) Thank you for your business..(717) 441-9030
Total this invoice $5,933.52
Total now due $65,613.98
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Proi'e$~ional services from April 1~ 2002 to April 30~ 2002
Fee
Reimbursable Expense
Travel and Lodging
3/10/02 Seitz, Anthony B. Lodging
3/11/02 Seitz, Anthony B. Rock
3/11/02 Seitz, Anthony B. Mileage
3/11/02 Seitz, Anthony B. Mileage
3/12/02 Nicotra, Tara D. Mileage
3/27/02 Nicotra, Tara D. Parking
Prints & Reproductions
4/30/02 Copies
Meals & Refreshments
3/10/02 Seitz, Anthony B. Rock
3/10/02 Seitz, Anthony B. Rock
3/11/02 Seitz, Anthony B. Rock
3/11/02 Seitz, Anthony B. Rock
Total Reimbursables
April 30, 2002
Project No: D.01825.01
Invoice No: 0000014
170.62
13.90
8.23
7.83
18.01
17.00
8.40
8.80
4.22
6.94
3.48
267.43
5,000.00
267.43
Interest 836.69
1.5% of 55,779.62 (balance over 30 days)
Total this invoice 6,104.12
Outstanding Invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
0000006 9/27/01 5,391.48
TERMS-(DUE ON RECEIPT) Thank you for your business..(717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from May 1~ 2002 to May 31~ 2002
Fee
May 31,2002
Project No: D.01825.01
Invoice No: 0000015
5,000.00
Interest
1.5% of 66,223.39 (balance over 30 days)
993.35
Outstanding invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000005 9/1/01 5,306.18
0000006 9/27/01 5,391.48
0000007 11/1/01 5,486.95
0000008 12/1/01 5,456.18
0000009 12/31/01 5,534.90
0000010 2/1/02 5,730.39
0000011 3/1/02 5,981.83
0000013 3/31/02 5,933.52
0000014 4/30/02 6,104.12
Total 71,718.10
Total this invoice 5,993.35
Total now due 77,711.45
TERMS-(DUE ON RECEIPT) Thank you for your business..(717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.01825.01 Rock Airport
Rockpointe Business Airpark
Professional services from June 1,2002 to June 30~ 2002 (FINAL)
Fee
Reimbursable
Travel and Lodging
6/6/02 Nicotra, Tara D
Total Reimbursables
Mileage
Interest
1.5% of 66.223.39 (balance over 30 days)
June 30, 2002
Project No: D.01825.01
Invoice No: 0000016
11 68
11.68
5,000.00
11.68
993.35
Outstanding Invoices
Number Date Balance
0000001 5/1/01 5,000.00
0000002 6/1/01 5,404.35
0000003 6/30/01 5,102.25
0000004 7/31/01 5,285.95
0000006 9/1/01 5,306.18
0000006 9/27/01 5,391.48
0000007 11/1/01 5,486.95
0000008 12/1/01 5,456.18
0000009 12/31/01 5,534.90
0000010 2/1/02 5,730.39
0000011 3/1/02 5,981.83
0000013 3/31/02 5,933.52
0000014 4/30/02 6,104.12
0000015 5/31/02 5,993.35
Total 77,711.45
Total this invoice
Total now
$6.005.03
$83,716.48
TERMS-(DUE ON RECEIPT) Thank you for your business..(717) 441-9030
InvoiceI
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Delta Development Group, Inc.
2000 Technology Parkway
Mechanicsburg, PA 17055
January 31,2000
Project No: D.99825.01
Invoice No: 0000001 ~o.~
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional Services: January 1, 2000 through January 31~ 2000
Fee
Total Fee 10,000.00
Total Eamed
Reimbursable Expense
Telefax
01/31/00 Faxes- 01/00
Postage / Shipping / Delivery
12/31/99 Federal Express Corp.
11/30/99 Federal Express Corp.
Total Reimbursables
Total Fee
Airbill# 816166713084
Airbill# 816166713382
10,000.00
10,000.00
1.50
12.65
20.81
34.96
34.96
Total this invoice $10,034.96
Invoice
Delta Development Group, Inc.
2000 Technology Parkway
Mechanicsburg, PA 17055
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional Services: February 1,2000 throuRh February 29, 2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
01/27/00 Kline, Jr., LeRoy D.
Prints & Reproductions
02/29/00 Photocopies- 02/00
Total Reimbursables
Mileage
February 29, 2000
Project No: D.99825.01
Invoice No: 0000002
10,000.00
10,000.00
29.25
2.40
31.65 31.65
Outstanding Invoices
Number Date Balance
0000001 1/31/00 10,034.96
Total 10,034.96
Total this invoice
Total now due
$10,031.65
$20,066.61
Thank you for your business ............... (717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway
Mechanicsburg, PA 17055
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federat and State funding and approval for expansion of Rock Airport.
Professional Services: March 1,2000 throu,qh March 31,2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
03/07/00 Nicotra, Tara D. Mileage
03/07/00 Nicotra, Tara D. Parking
03/07/00 Asper, Darren J. Parking
03/08/00 Asper, Darren J. Mileage
03/07/00 Asper, Darren J. Mileage
03/16/00 Clash, Bruce R. Mileage
03/07/00 Clash, Bruce R. Parking
03/08/00 Clash, Bruce R. Mileage
Telefax
03/31/00 Faxes
Prints & Reproductions
03/31/00 Meeting Folders
03/31/00 Photocopies
Meals & Refreshments
03/06/00 Nicotra, Tara D.
03/24/00 Asper, Darren J.
Lobbying Sales Tax
03/31/00 Lobbying Sales Tax
Total Reimbursables
Meals
Meals
March 31,2000
Project No: D.99825.01
Invoice No: 0000003
10,000.00
6.50
6.00
12.00
21.45
6.50
45.20
8.00
6.75
33.00
95.00
64.88
13.94
62.00
72.00
453.22
10,000.00
453.22
Interest
1.5% of 10,031.65
(balance over 30 days)
Total this invoice
150.47
$10,603.69
Thank you for your business ............... (717) 441-9030
Invoice
Delta Development Group, Inc,
2000 Technology Parkway
Mechanicsburg, PA 17055
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
April 30, 2000
Project No: D.99825.01
invoice No: 0000004
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional Services: April 1~ 2000 throu.qh April 30~ 2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
3/29/00 Seitz, Anthony B. Mileage
3/30/00 Seitz, Anthony B. Cab Fare
3/30/00 Kline, Jr., LeRoy D. Mileage
4/25/00 Smith, Erik J. Mileage
4/30/00 Asper, Darren J. Mileage
4/30/00 Seitz, Anthony B. Lodging
Telefax
4/30/00 Faxes
Prints & Reproductions
4/27/00 Sir Speedy
4/30/00 Meeting Folders
Long Distance Telephone
2/17/00 Seitz, Anthony B. Telephone
Meals & Refreshments
3/30/00 Seitz, Anthony B. Meals'
Total Reimbursables
Color Maps
10,000.00
48.75
5.00
22.75
4.88
108.88
138.27
8.50
70.52
285.00
1.94
0.85
695.34
10,000.00
695.34
Total this invoice $10,695.34
Thank you for your business ............... (717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway
Mechanicsburg, PA 17055
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional Services: May 1, 2000 throuqh May 31~ 2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
4/17/00 Nicotra, Tara D.
4/20/00 Nicotra, Tara D.
5/2/00 Nicotra, Tara D.
5/2/00 Nicotra, Tara D.
5/2/00 Nicotra, Tara D.
5/2/00 Asper, Darren J.
5/9/00 Asper, Darren J.
5/9/00 Asper, Darren J.
5/23/00 Asper, Darren J.
5/23/00 Seitz, Anthony B.
5/24/00 Asper, Darren J.
Telefax
5/31/00 Faxes
Prints & Reproductions
5/31/00 Photocopies
Meals & Refreshments
4/17/00 Nicotra, Tara D.
5/9/00 Client Lunch @ Delta
5/23/00 Seitz, Anthony B.
5/23/00 Seitz, Anthony B.
5/23/00 Asper, Darren J.
Lobbying Sales Tax
5/31/00 Lobbying Sales Tax
Mileage
Mileage
Tolls
Tolls
Mileage
Rock Meeting
Meeting with FAA
Meeting with FAA
Rock
Mtg. w/Gov SW Dir.
Mi]eage
Meals
Meals
Meals
May 31,2000
Project No: D.99825.01
Invoice No: 0000005
10,000.00
10,000.00
15.60
18.20
6.95
6.95
81.98
2.00
39.00
12.00
16.79
6.50
164,13
19.50
31.52
34.00
79.01
2~36
1.27
2.54
34.50
Thank you for your business ............... (717) 441-9030
Project: D.99825.01
Rock Airpor[
Total Reimbursables
Interest
1.5% of 10,695.34 (balance over 30 days)
Invoice No: 0000005
574.80 574.80
160.43
Outstanding Invoices
N umber Date Balance
0000004 4/30/00 10,695.34
Total 10,695.34
Total this invoice
Total now due
$10,735.23
$21,430.57
Thank you for your business ............... (717) 441.9030
Page 2
Delta Development Group, Inc.
2000 Technology Parkway
Mechanicsburg, PA 17055
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional Sen/ices: June 1, 2000 throuqh June 30, 2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
June 30, 2000
Project No: D.99825.01
Invoice No: 0000006
10,000.00
10,000.00
Reimbursable Expense
Travel and Lodging
5/17/00 Nicotra, Tara D. Parking
5/22/00 Nicotra, Tara D. Parking
Telefax
6/30/00 Faxes
Prints & Reproductions
6/30/00 Meeting Folders
Long Distance Telephone
3/29/00 Seitz, Anthony B.
3/29/00 Seitz, Anthony B.
3/29/00 Seitz, Anthony B.
3/29/00 Seitz, Anthony B.
3/29/00 Seitz, Anthony B.
3/29/00 Seitz, Anthony B.
3/30/00 Seitz, Anthony B.
3/30/00 Seitz, Anthony B.
Meals & Refreshments
5/25/00 Nicotra, Tara D. Meals
Total Reimbursables
6.00
3.85
19.50
237.50
8.84
8.84
8.15
6.08
4.01
4.01
4.70
1.94
18.72
332.14
332.14
Interest
1.5% of 10,695.34
(balance over 30 days)
Total this invoice
160.43
$10,492.57
Thank you for your business ............... (717) 441-9030
Delta Development Group, Inc.
2000 Technology Parkway
Mechanicsburg, PA 17055
Rock Airpod of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
July 31,2000
Project No: D.99825.01
Invoice No: 0000007
Federal and State funding and appro~'a! for expa?.sio:, a[ Roz!( Air?oFt
Totai Fee
10,000.00
Reimbursable Expense
Travel and Lodging
C,'2~'%' ~" ..... · Tara D.
6/26/00 Asper, Darren J.
6/26/00 Asper, Darren J.
Telefax
7/31/00 Faxes
Prints & Reproductions
7/31/00 Photocopies
Po:',n"" / ~L. ~ Dc!ivery
7,,:~,~3 Federal Express Corp.
7128100 Federal Express Corp.
Total Reimbursables
Total Earned
Total Fee
Parking
Airbill #821352404973
1 0,00u.0u
8.13
2.00
5.00
5.28
47.49
10 000 00
47,49
Interest
1.5% of 31,602.28 (balance over 30 days)
Number Date Balance
0000004 4/30/00 10,695.34
0000005 5/31/00 10,735.23
0000006 6/30~00 10,492.57
Total 31,923.14
Total now due
474.03
/
$42,~. ~?..66
Thank you for your business ............... (717) 441-9030
i Invoice
L
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechaniceburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional services from August 1~ 2000 to August 31~ 2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
8/17/00 Kline, Jr., LeRoy D. Mileage
Telefax
8/31/00 Faxes
Prints & Reproductions
8/4/00 Sir Speedy
8/16/00 Sir Speedy Maps
8/31/00 Meeting Folders 08/01/00
8/31/00 Photocopies
Total Reimbursables
August 31,2000
Project No: D.99825.01
Invoice No: 0000008
10,000.00
10,000.00
22.75
1.50
79.10
14.62
47.50
0.48
165.95 165.95
Interest
1.5% of 30,954.43
(balance over 30 days)
Outstanding Invoices
Number Data Balance
0000005 5/31/00 10,735.23
0000006 6/30~00 10,492.57
0000007 7/31/00 10,521.52
Total 31,749.32
Total this invoice
Total now due
464,31
$10,630.26
$42,379.58
Thank you for your business ............... (717) 441-9030
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional services from September 172000 to September 3072000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
8/12/00 Nicotra, Tara D.
8/18/00 Nicotra, Tara D.
Telefax
9/30/00 Faxes
Total Reimbursables
Lodging
Mileage
September 30, 2000
Project No: D.99825.01
Invoice No: 0000009
10,000.00
10,000.00
105.93
97.62
4.~
208.05 208.05
Interest
1.5% of 20,379.63 (balance over30 days)
305.69
Outstanding Invoices
Number Date Balance
0000006 6/30/00 10,492.57
0000007 7/31/00 10,521.52
0000008 8/31/00 10,630.26
Total 31,644.35
Total this invoice
Total now due
$10,513.74
$42,158.09
Thank you for your business ............... (717) 441-9030
Inv°ice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional services from October t~ 2000 to October 31, 2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
9/20/00 Kline, Jr., LeRoy D. Parking
10/17/00 Kline, Jr., LeRoy D. Mileage
Telefax
10/31/00 Faxes
Prints & Reproductions
10/26/00 Printing
10/31/00 Photocopies
Meals & Refreshments
9/20/00 Kline, Jr., LeRoy D. Meals
Total Reimbursables
Interest
1.5% of 40,753.63 (balance over 30 days)
October 31,2000
Project No: D.99825.01
Invoice No: 0000010
10,000.00
10,000.00
2.00
16.25
7.50
15.78
5.28
52.00
98.81 98.81
611.30
Outstanding Invoices
Number Date Balance
0000006 6/30/00 10,492.57
0000007 7/31/00 10,521.52
0000008 8/31/00 10,630.26
0000009 9/30/00 10,513.74
Total 42,158.09
Total this invoice
Total now due
$10,710.11
$52,868.20
Thank you for your business ............... (717) 441-9030
[ Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional services from November 1, 2000 to November 30~ 2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
10/19/00 Nicotra, Tara D. Mileage
11/7/00 Lawyer, II, Lawrence L. Toils
11/8/00 Lawyer, II, Lawrence L. Mileage
Telefax
11/30/00 Faxes
Prints & Reproductions
11/30/00 Photocopies
Meals & Refreshments
11/7/00 Lawyer, II, Lawrence L. Meals
Total Reimbursables
December 1,2000
Project No: D.99825.01
Invoice No: 0000011
10,000.00
10,000.00
4.55
16.65
123.50
9.50
0.56
4.79
159.55 159.55
Interest
1.5% of 50,852.44 (balance over 30 days)
762.78
Outstanding Invoices
Number Date Balance
0000006 6/30/00 10,492.57
0000007 7/31/00 10,521.52
0000008 8/31/00 10,630.26
0000009 9/30/00 10,513.74
0000010 10/31/00 10,710.11
Total this invoice
$10,922.33
Thank you for your business ............... (717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional services from December 1, 2000 to December 31,2000
Fee
Total Fee 10,000.00
Total Earned
Total Fee
December 31,2000
Project No: D.99825.0~
Invoice No: 0000012
10,000.00
10,000.00
Reimbursable Expense
Travel and Lodging
11/30/00 Nicotra, Tara D. Parking
11/30/00 Nicotra, Tara D. Mileage
Telefax
12/31/00 Faxes
Prints & Reproductions
12/31/00 Meeting Folders
12/31/00 Photocopies
Meats & Refreshments
12/4/00 Meals
Total Reimbursables
6.00
4.55
8.00
20.00
14.72
30.96
84.23
84.23
Interest
1.5% of 50,852.44
(balance over 30 days)
Outstanding Invoices
Number Date Balance
0000006 6/30/00 10,492.57
0000007 7/31/00 10,521.52
0000008 8/31/00 10,630.26
0000009 9/30/00 10,513.74
0000010 10/31/00 10,710.11
0000011 12/1/00 10,922.33
Total this invoice
762.78
$10,847.01
Thank you for your business ............... (717) 441-9030
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional services from January 1~ 2001 to January 31, 2001
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
12/18/00 Nicotra, Tara D. Mileage
12/22/00 Nicotra, Tara D. Mileage
12/22/00 Seitz, Anthony B. Parking
12/22/00 Seitz, Anthony B. Mileage
1/9/01 Nicotra, Tara D. Parking
1/10/01 Nicotra, Tara D. Mileage
1/23/01 Asper, Darren J. Mileage
Telefax
1/31/01 Faxes
Prints & Reproductions
1/31/01 Photocopies
Total Reimbursables
January 31, 2001
Project No: D.99825.01
Invoice No: 0000013
10,000.00
16.56
7.59
6.95
143.00
5.00
4.83
26.91
6.00
53.20
270.04
10,000.00
270.04
Interest
1.5% of 30,342.59 (balance over 30 days)
455.13
Outstanding Invoices
Number Date Balance
0000010 10/31/00 10,710.11
0000011 12/1/00 10,922.33
0000012 12/31/00 10,847.01
Total this invoice
$10,725.17
Thank you for your business ............... (717) 441-9030
Invoice
Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
Attn: Dave McMaster
49 Airport Drive
Pittsburgh PA 15084
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
Professional services from February 1~ 2001 to February 28~ 2001
Fee
Total Fee 10,000.00
Total Earned
Total Fee
Reimbursable Expense
Travel and Lodging
2/5/01 Nicotra, Tara D.
2/8/01 Nicotra, Tara D.
Telefax
2/28/01 Faxes
Prints & Reproductions
2/28/01 Photocopies
Total Reimbursables
Parking
Mileage
February 28, 2001
Project No: D.99825.01
Invoice No: 0000014
10,000.00
10,000.00
5.00
86.25
14.50
8.32
114.07 114.07
Interest
1.5% of 30,342.59
(balance over 30 days)
Outstanding Invoices
Number Date Balance
0000010 10/31/00 10,710.11
0000011 12/1/00 10,922.33
0000012 12/31/00 10,847.01
0000013 1/31/01 10,725.17
Total 43,204.62
455.13
Total this invoice $10,569.20
Total now due $53,773.82
Thank you for your business ............... (717) 441-9030
Invoice
· Delta Development Group, Inc.
2000 Technology Parkway, Suite 200
Mechanicsburg, PA 17050-9407
Rock Airport of Pittsburgh, LLC
Attn: Dave McMaster
1885 Main Street
Pittsburgh PA 15215
Project: D.99825.01 Rock Airport
Federal and State funding and approval for expansion of Rock Airport.
March 21, 2001
Project No: D.99825.01
Invoice No: 0000015
Credit Federal Lobbying Services
6 Months @ $5,000.00/month
-30,000.00
Reimbursable
Travel and Lodging
2/23/01 Nicotra, Tara D. Parking
2/23/01 Nicotra, Tara D. Mileage
2/23/01 Seitz, Anthony B. Tolls
2/23/01 Seitz, Anthony B. Tolls
2/26/01 Nicotra, Tara D. Tolls
Prints & Reproductions
3/21/01 Application Books
Meals & Refreshments
2/23/01 Seitz, Anthony B. Meals
Postage / Shipping / Delivery
3/15/01 Federal Express Corp.
Total Reimbursables
Note: This reflects a credit of 50% of the
prior 6 months contracted fee to
facilitate the progress of the project.
Total Credit (30,000.00)
6.00
4.83
6.95
4.50
8.95
297.00
4.49
13.87
344.59
344.59
Interest
1.5% of 30,612.63
(balance over 30 days)
Outstanding Invoices
Number Date Balance
0000010 10/31/00 10,710.11
0000011 12/1/00 10,922.33
0000012 12/31/00 10,847.01
Total this invoice
459.18
($29,196.23)
Thank you for your business ............... (717) 441-9030
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my knowledge, information and belie£. I understand that false statements herein are made
subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn £alsification to
authorities.
Eric R. Clancy, e'S~cretary / Treasurer
Delta Development Group, Inc.
SHERIFF'S RETURN -
CASE NO: 2002-04177 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DELTA DEVELOPMENT GROUP INC
VS
ROCK-AIRPORT OF PITTSBURGH LL~
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT to wit:
ROCK-AIRPORT OF PITTSBURG LLC
but was unable to locate Them in his bailiwick.
deputized the sheriff of ALLEGHENY County,
serve the within COMPLAINT & NOTICE
Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
He therefore
Pennsylvania,
to
On September 27th , 2002 , this office was in receipt of the
attached return from ALLEGHENY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Allegheny Co 35.50
Notary 3.00
75.50
09/27/2002
R. Thomas Kline
Sheriff of Cumberland County
LEBOEUF LAMB FREENE MACRA
Sworn and subscribed to before me
this ~7~ day of ~
~2_ A.D.
Prothonotary'
Now, September 11, 2002
In The CoUrt of Common Pleas of Cumberland County, Pennsylvani
Delt& Dev~logment Group, Ina.
VS.
Rock-Airport of Pittsburgh, LLC _
~ ~O~Df~ ~(~DfDl~~ ~[_~.~ 02 4177 civil
hereby deputize the Sheriff of
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Allegheny · County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
within
/ Af~davit of Service
?//~//' 2(~J '2~at/4~o'Clock ~ M. served the
Upon
by handing t
and made known to
Sworn and subscribed before
me this day of
copy of the original
/"~e contents thereof.
So answers,/'~ ,. Z .
COSTS
~LEAGE
AFFDA~T ~00
THOMAS KLINE
Sheriff
ED. WARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RONNY R. ANDERSON
Chief Deputy
PATRICIA A. SHA'FFO
Real Estate Deputy
TO: Allegheny
Dear Sir:
Delta Development Group, Inc.
VS
Rock-Airport of Pittsburgh, LLC
02-4177 civil
Enclosed please find
to be served upon
Notice and Ccraplaint
Rock-Airport of Pittsburgh,LLC
1000 Rockpointe Blvd.
Rockpointe Business Airport
Tarent~n, PA 15084
in your County.
Kindly make service thereof and send us your return of service.
Enclosed is the advance payment which you requested.
Very truly yours,
R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
Enclosures:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Delta Development Group, Inc., CIVIL DIVISION
Plaintiff, No. 02-4177
VS.
Rock Airport of Pittsburgh, LLC,
Defendant.
Defendant, Rock Airport of Pittsburgh, LLC ("Rock"), by and through its
attorney, David E. McMaster, Esq., hereby files the within Preliminary Objections to
the Complaint in Civil Action of Plaintiff, Delta Development Group, ("Delta") and in
support thereof avers as follows.
1. On or about December 1999, Plaintiff and Defendant entered into an
agreement which was executed by Rock in Allegheny County, which is Rock's principal
place of business, wherein Delta was to provide planning and grant administration
services to Defendant.
2. On or about April 2001, Rock and Delta entered into a second agreement
replacing the first agreement, which agreement was also executed in Allegheny County,
Pennsylvania, wherein Delta was to once again render planning and grant administration
services to Rock.
3. Delta alleges that it provided the agreed upon services to Rock, which were at
all times proper, satisfactory and consistent with the Agreement.
4. Delta alleges that Rock has failed to pay each invoices for services rendered
in full as required by the Agreement.
5. The Complaint should be transferred to the Court of Common Pleas of
Allegheny County, Pennsylvania because Pennsylvania Law provides that venue in a
breach of contract case is proper where the offer is accepted, which was in Allegheny
County, and furthermore, Rock, has no connections with Cumberland County.
WHEREFORE, Defendant respectfully requests that because of improper venue
in the within matter, that the within case be transferred to the Court of Common Please of
Allegheny County, and all costs and fees for transfer and removal of the record be paid by
the Plaintiff.
Respectfully submitted,
David E. McMaster, Esq.
Pa. I.D. # 44786
1000 Rockpointe Boulevard
Tarentum, PA 15084
(724) 265-1144
Attorney for Defendant,
Rock Airport of Pittsburgh, LLC
CERTIFICATE OF SERVICE
I, the undersigned counsel, hereby certify that a copy of the foregoing Preliminary
Objections of Rock Airport of Pittsburgh, LLC was served via Federal Express this 19th
day of November, 2002, upon the following:
Michael D. Klein, Esq.
LeBouef, Lamb, Green and Maerae
200 North Third Street
P.O. Box 12105
Harrisburg, PA 17108
David E. McMaster, Esquire
Attorney for Defendant
- PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and sut~itted in dup]_icate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please 1 ~t the within matter for t_he n~t Ar~3tm~nt Court.
CAPTION OF CASE
(entire caption must be stated in 1%,]] )
Delta Development Group, Inc.
( pi ~4 ntiff )
Rock-Airport of Pittsburgh, L.L.C.
( Deferment )
NO. 02-4177 Civil Term
2002
State matter to be ar~3ued (i.e., p]a4ntiff's motion for new tr~], defendant's
d~,~rr~r to cc~pla~nt, etc.):
Defendant' s Preliminary Obi ection
2. Identify counsel who w~ ~ 1 argue case:
(a)
for plaintiff:Michael D. Klein, Esquire
;~]dress: 200 North Third Street, Suite 300
Harrisburg, PA 17101
(b)
for defendant:David E. McMaster, Esquire
Address:1000 Rockpointe Boulevard
Rockpointe Business Airport
Pittsburgh, PA 15084
I Wll noti~7 all IZies in writing with~ t%~o days that th~ ~e
~c~n 1 ~ted for
4. Arc3~_nt Co~t Bate: January 8, 2003.
Bated: December 3, 2002
Attorney fo~ Pl'a~-ntiff
Certificate of Service
I hereby certify that I have this 3rd day of December, 2002, served a tree and correct
copy of the Praecipe for Listing Case for Argument for the Preliiminary Objections filed by
Rock-Airport of Pittsburgh, L.L.C. upon the following persons :in the manner shown below:
Via Regular Mail (Postage Prepaid):
David E. McMaster, Esquire
Law Office of David E. McMaster
10431 Perry Highway
Suite 310
Wexford, PA 15090
(Counsel for Defendant)
David E. McMasller, Esquire
General Counsel
Rock-Airport of Pittsburgh, L.L.C.
1000 Rockpointe Boulvevard,
Rockpointe Business Airport,
Pittsburgh, PA 15084
(Counsel for Defi~ndant)
(Courtesy Copy)
Respectfully subrrdtted,
Michael D. Klein, Esquire
PA Supreme Come No. 23854
Carl R. Shultz, Esquire
PA Supreme Com~ No. 70328
LeBoeuf, Lamb, (keene & MacRae, L.I~.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 1'7108-2105
(717) 232-8199
Fax: (717) 232-87'20
Attorneys for Pl.aintiff,
Delta Development Group, Inc.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
Plaintiff i
Rock-Airport of Pittsburgh, L.L.C., ,
Defendant'
Docket No. 02-4177 Civil Term
Delta's Answer
to Rock's Preliminary Objections
AND NOW, comes the Plaintiff, Delta Development Group, Inc. ("Delta"), by its
undersigned counsel, and files this Answer to the Preliminary Objections, which were filed by
the Defendant, Rock-Airport of Pittsburgh, L.L.C ("Rock"), and in support thereof avers as
follows:
Admitted in Part and Denied in Part. It is admitted that Delta and Rock entered into
an Agreement in 1999 ("1999 Agreement"). By way of further answer, Delta avers that
payment under the 1999 Agreement was (is) due in Cun~berland County, Pennsylvania.
It is also admitted that under the 1999 Agreement Delta agreed to provide planning and
grant administration services to Rock. By way of further answer Delta avers that the
majority of the services rendered by Delta to Rock under the 1999 Agreement were
performed at Delta's principal place of business in Cumberland County, Pennsylvania.
It is also admitted that Rock's principal place of business is located in Allegheny County.
See Paragraph 2 of Delta's Complaint which is incorporated herein by reference.
After a reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as the truth of the Rock's remaining averments, including (but not limited
to) Rock's averment that the 1999 Agreement was executed by Rock in Allegheny
County and such averments are hereby denied. By way of further answer, Delta notes
that any averments of fact by Rock in Rock's Preliminm~j Objections are unverified in
violation ofPa. R.C.P. No 1024 and C.C.R.P. No. 206-4.
By way of further answer, Delta avers that, in 2001, Rock and Delta agreed to terminate
the 1999 Agreement and further agreed to enter into a new agreement, dated April 18,
2001 ("2001 Agreement"). See Exhibit A to Delta's Complaint which is incorporated
herein by reference.
Admitted in Part and Denied in Part. It is admitted that Delta and Rock entered into
the 2001 Agreement. By way of further answer, Delta avers that payment under the 2001
Agreement was (is) due in Cumberland County, Pennsylvania. See Paragraphs 4, 15 to
19 of Delta's Complaint which are incorporated herein by reference.
It is also admitted that under the 2001 Agreement Delta agreed to provide planning and
grant administration services to Rock. By way of further answer Delta avers that the
majority of the services rendered by Delta to Rock under the 2001 Agreement were
performed at Delta's principal place of business in Cumberland County, Pennsylvania.
See Paragraph 5 of Delta's Complaint which are incorporated herein by reference.
It is also admitted that Rock's principal place of business is located in Allegheny County.
See Paragraph 2 of Delta's Complaint which is incorporated herein by reference.
After a reasonable investigation, Delta is without lmowledge or information sufficient to
form a belief as the truth of the Rock's remaining averments, including (but not limited
to) Rock's averment that the 2001 Agreement was executed by Rock in Allegheny
County and such averments are hereby denied. By way of further answer, Delta notes
that any avem,ents of fact by Rock in Rock's Preliminat~y Objections are unverified in
violation ofPa. R.C.P. No 1024 and C.C.R.P. No. 206-4.
Admitted. See Paragraph 14 of Delta's Complaint which is incorporated herein by
reference.
Admitted in Part and Denied in Part. It is admitted that Delta avers that Rock has
failed to pay each invoice for service rendered by Delta 'to Rock in full as required by the
2001 Agreement. See Paragraph 21 of Delta's Complaint which is incorporated herein
by reference.
By way of further answer, Delta avers that Rock has paid sums required for services
rendered by Delta to Rock under the 1999 Agreement. Under the 2001 Agreement, Rock
was required to pay all sums outstanding under the 1999 Agreement in six installments.
See Paragraph 5 of the 2001 Agreement, which is attached to Delta's Complaint as
Exhibit A. Based on the invoices attached as Exhibit B 'to Delta's Complaint (which are
incorporated herein by reference), Rock paid the required six installment payments for
sums required for services rendered by Delta to Rock under the 1999 Agreement.
After a reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as the truth of the Rock's remaining averments and such averments are
hereby denied. By way of further answer, Delta notes tl~at any averments of fact by Rock
in Rock's Preliminary Objections are unverified in violation of Pa.R.C.P. No 1024 and
C.C.R.P. No. 206-4.
Denied. It is denied that Delta's Complaint should be transferred to the Court of
Common Pleas of Allegheny County. To the contrary and by way of further answer,
Delta avers that venue is proper in the Court of Common Pleas of Cumberland County.
See Paragraphs 4 and 5 of Delta's Complaint which are incorporated herein by reference.
Rock statements conceming "Pennsylvania Law" are conclusions of law to which no
response is required or necessary and such averments ar,: hereby denied.
It is denied that Rock has no connection with Cumberlm~d County. To the contrary and
by way of further answer, Delta avers that Rock was required to make payments in
Cumberland County and that the majority of the services rendered by Delta to Rock
under the 2001 Agreement were perforated in Cumberland County. See Paragraphs 4 to
5 and 14 to 19 of Delta's Complaint which are incorporated herein by reference.
After a reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as the truth of the Rock's remaining averments and such averments are
hereby denied. By way of further answer, Delta notes that any averments of fact by Rock
in Rock's Preliminary Objections are unverified in violation ofPa. R.C.P. No 1024 and
C.C.R.P. No. 206-4.
By way of further answer, Delta avers that venue is proper in Cumberland County
because (1) payment under the Agreement (which is defined herein) was (is) due in
Cumberland County, Pennsylvania. See Pa.R.C.P. No. 2179(a); Lucas Enterprises, Inc.
v. Paul C. Harmon Co., 273 Pa. Super. 422, 417 A.2d 72'.0 (1980) (In a breach of contract
action alleging a failure to pay, venue is proper in the county where payment is due.);
and, (2) the majority of all of the services rendered by Delta to Rock under the
Agreement (as discussed more fully herein) were performed at Delta's principal place of
business in Cumberland County, Pennsylvania. Pa. R.C.P. No. 2179(a).
[Signature Appears on Next Page]
WHEREFORE, the Delta requests that this Corot:
(1)
(2)
enter an Opinion and Order dismissing Rock's Preliminary Objections
and requiring Rock to file an Answer to Delta's Complaint within twenty
(20) days of the entry of such Opinion and Order; and,
grant any other relief deemed appropriate.
Respectfully submitted,
Michael D. Klein, Esquire
PA Supreme Coun: No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeuf, Lamb, Greene & MacRae, L.L.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-872.0
Attorneys for Plaiintiff,
Delta Development Group, Inc.
VERIFICATION
I verify that the statements made in the foregoing Complaint are tree and correct
to the best of my knowledge, information and belief. I understmad that false statements herein are
made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification
to authorities.
Eric R. Clancy, Secretary / Treasurer
Delta DevelopmenI Group, Inc.
Certificate of Service
I hereby certify that I have this 3rd day of December, 2(}02, served a tree and correct
copy of the foregoing document upon the following persons in ~the manner shown below:
Via Reuular Mail (Postage Prepaid):
David E. McMaster, Esquire
Law Office of David E. McMaster
10431 Perry Highway
Suite 310
Wexford, PA 15090
(Counsel for Defendant)
David E. McMas~Ier, Esquire
General Counsel
Rock-Airport of Pittsburgh, L.L.C.
1000 Rockpointe Boulvevard,
Rockpointe Business Airport,
Pittsburgh, PA 15:084
(Counsel for Defendant)
(Courtesy Copy)
Respectfully submitted,
Michael D. Klein, Esquire
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeuf, Lamb, Greene & MacRae, L.L.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-8720
Attorneys for Plaintiff,
Delta Development Group, Inc.
¢./1 -..<
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DELTA DEVELOPMENT GROUP, INC.,
Plaintiff,
vs.
ROCK AIRPORT OF PITTSBURGH,
LLC,
Defendant
CIVIL DIVISION
No. G.D. 02-4177
Issue No.:
DEFENDANT'S ANSWER,
NEW MATTER and COUNTERCLAIM
DIRECTED TO PLAINTIFF
Filed on Behalf of Defendant,
Counsel of Record for This
Party:
David E. McMaster, Esquire
Pa. I.D. No. 44786
1000 Rockpointe Boulevard
Pittsburgh, PA 15084
(724) 265-1144
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DELTA DEVELOPMENT GROUP, INC.,
Plaintiff,
vs.
ROCK-AIRPORT OF PITTSBURGH, LLC,
Defendant
No. G.D. 02-4177
AND NOW, comes the Defendant, Rock-Airport of Pittsburgh, LLC (~Rock") by
its undersigned counsel, and files this Answer against the Plaintiff, Delta
Development Group, Inc., ("Delta") and in support thereof avers as follows:
PARTIES
1. After reasonable investigation, Defendant is without knowledge or
information to form a belief as to the truth of the averments contained in
Paragraph 1 of Plaintiff's complaint.
2. Admitted.
JURISDICTION
3. Admitted.
4. Paragraph 4 is a conclusion of law to which no responsive pleading is
required.
5. Denied. Paragraph 5 is a conclusion of law to which no responsive
pleading is required. To the extent to which a response may be required, it is
specifically denied that the majority of all of the services rendered by Delta
to Rock under the Agreement occurred at Delta's place of business.
BACK~ROUND
6. After reasonable investigation, Defendant is without knowledge or
information to form a belief as to the truth of the averments contained in
Paragraph 6 of Plaintiff's complaint.
7. Admitted in part; denied in part. It is admitted that Rock desired to
secure funding to support the construction of both 'the Rock Airport of
Pittsburgh and the Rockpointe Business Airpark. It is denied that in April 2001
Rock first desired funding for the Rock Airport of Pittsburgh (Rock Airport) and
the Rockpointe Business Airpark (Rockpointe). In fact, Rock and Delta had
entered into an agreement in December of 1999 for Delta to assist Rock in
obtaining funding of the construction of the Rock Airport and Rockpointe.
8. Admitted.
9. Admitted.
10. Admitted in part; denied in part. It is admitted that under the
Agreement Delta was to provide planning and grant a~ninistration services to
Rock. It is denied that this language includes the entire scope of the work to
be performed. TO the contrary Section 2 A-H contains more specific tasks to be
performed. Moreover, the Agreement is a document, the terms of which speak for
them.
11. Admitted in part; denied in part. It is a,~mitted that under the
Agreement Rock was to pay Delta for services rendered to Rock at the fees and
rates set forth in the Agreement. It is denied that planning and grant
administration services were the entire scope of the work to be performed. To
the contrary Section 2 A-H contains more specific tasks to be performed.
Moreover, the Agreement is a document, the terms of which speak for them.
12. Admitted in part; denied in part. It is admitted that the language
quoted in Paragraph 4 of the Agreement is contained in the Agreement. It is
denied, however, that the language quoted in Paragraph 4 of the Agreement is all
that is contained in Paragraph 4 of the Agreement. Moreover, the Agreement is a
document, the terms of which speak for them
13. Denied. It is denied that Delta provided[ the agreed upon Services to
Rock during the term of the Agreement. Specifically, pursuant to the terms of
Paragraph 4 of the Agreement, Delta failed to provide Rock with forty (40) hours
of service per month during the terms of the Agreement. Moreover, Delta failed
to provide the agreed upon conditions contained in Paragraph 2 (D) of the
Agreement.
14. Denied. Paragraph 14 of the Agreement contains conclusions of law to
which a responsive pleading is not required. To the extent a response may be
required, it is specifically denied that the services rendered by Delta to Rock
were at all times proper, satisfactory, consistent with the Agreement and in
performance of the Agreement.
15. Admitted in part; denied in part. It is admitted that Delta
forwarded monthly invoices to Rock. It is denied that Delta always performed
services for which monthly invoices were forwarded.
16. Admitted.
17. Admitted.
18. Admitted in part; denied in part. It is admitted that Rock made some
payments to Delta at Delta's place of business. It is denied that all payments
were made to Delta at Delta's principal place of business, as some payments were
made by Rock to Delta in Allegheny County, Pennsylvania.
19. Denied. It is specifically denied that from April 18, 2001 until
the present Rock has not objected or otherwise notified Delta that the services
were unsatisfactory. Moreover Rock specifically notified employees of Delta
that services that were to be provided in Paragraph 2(C) of the Agreement, in
connection with advancing the release of the remaining uncommitted RACP funds
($1,000,000) were satisfactory. In fact, such funds have as of this time still
not been released. Rock also objected to Delta that it did not provide the
services provided in Paragraph 2 (G) of the Agreement.
Count 1
Breach of Contract (Agreement)
Failure to Pay for Services Kendere~
20. Defendant incorporates Paragraph 1-19 above by reference as if set
forth herein.
21. Admitted in part; denied in part. It is .admitted that Rock has
failed to pay each invoice submitted to Delta. It is denied that Delta has
satisfactorily performed said services which would elntitle Delta to be paid by
Rock.
22. Admitted in part; denied in part. It is admitted that has stopped
making any payments to Delta since August 2001. It is denied that Delta has
performed Services pursuant to the Agreement for which it is entitled to receive
payments from Rock.
23. Denied. It is denied that Rock is presently in arrears in the
amount of $78,383.06 plus $7,4811.41 of interest. It is specifically denied
that Delta has performed all of its obligations and satisfied all conditions
precedent necessary to receive payment of its invoices. To the contrary,
Plaintiff (1) failed to complete its work, (2) failed to perform its monthly
services which entitled it to payment (3) overcharged Rock Airport for the
amount of work actually performed. All of these actions constitute a breach of
the Agreement and caused Rock to suffer damages.
24. Admitted in part; denied in part. It is admitted that Rock has
refused to pay Delta's invoices attached as Exhibit "B". It is denied that
Delta made proper demand for payment under these invoices or that any amount is
due and owing from Rock to Delta.
25. Denied. Paragraph 25 of Delta's Complaint contains conclusions of
law to which no responsive pleading is required. TO the extent a response may
be required it is denied that Rock owes to Delta the sum of $85,864.47. To the
contrary, no money is due and owing Delta by Rock.
26. Denied. Paragraph 26 of Delta's Complaint contains conclusions of
law to which no responsive pleading is required. To the extent a response may
be required it is denied that Rock owes to Delta the sum of $85,864.47. To the
contrary, no money is due and owing Delta by Rock.
27. Admitted.
New Matter
Material Breach
28. Defendant incorporates Paragraphs 1-27 above by reference as if set
forth herein.
29. Delta and Rock had previously contractedL for planning and grant
administration services for Rock Airport pursuant to an Agreement entered into
on or about January 3, 2000. (The First Agreement)
30. The First Agreement provided, inter alias that Delta was to
provide general services in connection with obtaining funding on a state and
federal basis.
31. The First Agreement had no specific monetary guidelines for which
Delta was to procure funding, although at the time that the First Agreement was
entered into, Rock Airport, through no assistance from Delta, had obtained a
line item of Three Million Dollars ($3,000,000) in the Commonwealth of
Pennsylvania Budget..
32. The First Agreement provided that Rock was to pay Delta a
monthly retainer in the amount of $10,000 for its services relating to assisting
Rock in obtaining state and federal funding.
33. On or about August 2000, Rock instructed Delta to halt working
on federal funding, as it was increasingly obvious that Delta was going to be
unsuccessful in obtaining federal funds for Rock.
34. After Rock became increasingly dissatisfied with Delta's
performance in connection with obtaining any funds, Delta informed Rock that it
wanted to terminate their relationship.
35. After subsequent conversations wherein the parties agreed that
Delta was to be paid pursuant to its obtaining specific goals, Rock and Delta
entered into the Agreement of April 18, 2001.
36. Delta did not perform the following services as specifically set
forth in the Agreement:
a). Delta did not complete a Pennsylvania IDP grant application,
which was set forth in paragraph 2(a) of the Agreement;
b). Delta did not effectuate the release of the uncommitted RACP
funds of ($1,000,000) as set forth in paragraph 2 (c) of the Agreement; in fact,
Delta has not been able to assist Rock in obtaining the balance of approximately
($900,000) of committed RACP funds which were outstanding at the time of the
Agreement.
c) Delta did not assist Rock in preparing a Bureau of Aviation
funding submission. In fact, Rock was able to obtain a funding submission with
the Bureau of Aviation without the assistance of Delta.
37. Paragraph 4 of the Agreement, provided, inter alia, that Delta
was to be paid a base fee in the amount of Five Thousand Dollars per month in
exchange for Delta providing forty hours of work per month.
38. Delta has not provided forty hours of work per month on several
months since the Agreement has been executed. In fact, Delta has not worked on
the project since late in the summer of 2002, yet Delta continued to submit
invoices to Rock.
39. Delta's material breach of the Agreement excused performance by
Rock of its obligations pursuant to the Agreement.
40. At the time of execution of the Agreement, Delta had represented
to Rock that it could obtain the release of the monies in the RACP.
41. Based upon Delta's misrepresentation that it could obtain the
release of the monies in the Commonwealth of Pennsylvania RACP, Rock expended
monies and authorized specific work to be performed.
42. Because Delta was not able to obtain the release of the monies in
the Commonwealth of Pennsylvania RACP, Rock was forced to obtain a bridge loan
in the approximate amount of One Million One Hundred Dollars ($1,100,000) in
connection which Rock had to pay fees and continues to make monthly payments of
interest.
WHEREFORE, Defendant demands that the Complaint be dismissed with
prejudice with Plaintiff to pay the costs of this action.
COUNTERCLAIM
43. Rock hereby incorporates by reference Paragraphs 1 - 39 of its Answer
and New Matter as if set forth in full herein.
44. Delta has breached its contract in the following manners: 1) failing
to complete its work, 2) causing substantial time delays on the Rock Airport and
Rockpointe 3) overcharging Rock because it did not provide the requisite hourly
services; and 4) failing to obtain funding. All of these actions constitute a
breach of the Contract, and caused Rock to suffer substantial damages.
WHEREFORE, Defendant demands that the Complaint be dismissed with
prejudice with Delta to pa the costs of this action, and that judgment be
entered in Defendant's favor in an amount in excess of $25,000 plus interest and
costs.
PA ID 44786
1000 Rockpointe Boulevard
Pittsburgh, PA 115084
Attorney for Defendant
Dated February 6, 2003
Veri£ic&tion
I, Rock A. Ferrone, stat that I am the President of Rock Airport of
Pittsburgh, LLC; that I am authorized to make this verification on behalf of the
company; and that the averments of fact contained in the foregoing Answer, New
Matter and Counterclaim insofar as based upon my personal knowledge are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 PA.
authorities.
Cons. Ann. Section 4904 relating to unsworn falsification to
Certificate of Service
I hereby certify that I have this 6th day of February, 2003, served a true
and correct copy of the foregoing document upon the following persons in the
manner shown below:
Via Re~ul&r Mail (Postage Prepaid)
Michael D. Klein, Esq.
LeBoeuf, Lamb, Greene & McRae, LLP
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108
PA ID 44786
1000 Rockpointe Boulevard
Pittsburgh, PA 15084
Attorney for Defendant
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
Plaintiff
Vo
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
Docket No.
02-4177 Civil Term
Reply to New Matter and
Answer to Counterclaim
AND NOW, comes the Plaintiff, Delta Development Group, Inc. ("Delta"), by its
undersigned counsel, and files this Reply to New Matter and Answer to Counterclaim, which
were filed by the Defendant, Rock-Airport of Pittsburgh, L.L.C ("Rock"), and in support thereof
avers as follows:
28.
29.
Rely to New Matter
No Response is Necessary. Paragraph 28 of Rock's New Matter incorporates
Paragraphs 1 to 27 of Rock's Answer and New Matter. To the extent that a response is
required, Delta incorporates by reference Delta's averments in Paragraphs 1 to 27 of the
Complaint, Paragraphs 29 to 42 of Delta's Reply to Rock's New Matter, and Paragraphs
43 and 44 of Delta's Answer to Rock's Counterclaim.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraphs 30 to 135 of Rock's New Matter.
It is admitted that Delta and Rock had entered into a previous agreement dated December
9, 1999 ("Previous Agreement"). It is admitted that in the Previous Agreement Rock
agreed to pay a fixed monthly retainer of $10,000 for planning and grant administration
services provided by Delta to Rock. Delta and Rock also agreed that the Previous
Agreement was terminated.
Rock's characterizations and interpretations of the Previous Agreement are denied. The
Previous Agreement is a document, which speaks for itself. The terms of the Previous
Agreement control the relationship between Delta and Rock prior to April 2001. The
30.
31.
32.
33.
Previous Agreement is moot because this action is based on the Agreement. This action
is not based on the Previous Agreement.
It is denied that the Previous Agreement was entered into in 2000.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the troth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraphs 29 and 31 to 35 of Rock's New Matter.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraph 29 to 30 and 32 to 35 of Rock's New
Matter.
It is admitted that Rock's project has received a $3,000,000 authorization to seek grant
funds under the Redevelopment Assistance Program. It is denied that the authorization
to seek grant funds guarantees that such funds will be awarded or released to the project.
By way of further answer, Delta avers that, through Delta's efforts, project received the
release of $2,000,000 state grant through the Redevelopment Assistance Program for
development of the site. By way of further answer, Delta avers that Delta assisted Rock
in securing $1,000,000 in funding from the Allegheny County Department of Economic
Development for infrastructure development at and around the site.
By way of further answer, Delta submits that the above-.mentioned grants were received
during the term of the Previous Agreement.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraph 29 to 31 and 33 to 35 of Rock's New
Matter.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraph 29 to 32 and 35 of Rock's New Matter.
It is admitted that Rock informed Delta to halt work under the Previous Agreement.
34.
35.
It is denied that Rock informed Delta to halt work under' the Agreement.
Because Delta never guaranteed any results for Rock, Delta denies Rock's
characterization of Delta's efforts to obtain federal funds for Rock.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraph 29 to 3:3 and 35 of Rock's New Matter.
It is admitted that Delta informed Rock that Delta wished to terminate their relationship
under the Previous Agreement.
It is denied that Delta informed Rock that Delta wished to terminate their relationship
under the Agreement.
By way of further answer, Delta avers that (a) Rock agreed to terminate their relationship
under the Previous Agreement; and, (b) Rock did not intbrm Delta that Rock wished to
terminate their relationship under the Agreement.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the troth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. It is admitted that Delta and Rock engaged in
conservations concerning the continuation of their business relationship. It is admitted
that Delta and Rock memorialized their understandings in writing. It is admitted that
Delta and Rock entered into the Agreement of April 18, :2001 ("Agreement").
It is denied that Delta and Rock agreed that Delta would be paid pursuant to Delta
obtaining specific goals under the Agreement. Under the Agreement, Rock agreed to pay
a fixed monthly retainer of $5,000 for planning and grant administration services
provided by Delta to Rock. By way of further answer, Delta avers that it never
guaranteed any results for Rock.
By way of further answer, Delta avers that Delta and Rock also entered into an
Agreement dated October 25, 2001 ("Supplemental Agreement"). Under this
Supplemental Agreement, Rock agreed to pay Delta a fixed fee of $25,000 for Delta's
assistance in preparing a loan proposal for the consideration of the Allegheny County
Redevelopment Authority.
Delta also avers that the entire agreement between Rock ..and Delta concerning Delta's
services was set forth in the Agreement (and the Supplemental Agreement). The
Agreement (and the Supplemental Agreement) supersede all prior oral agreements, all
prior written agreements (including, but not limited to, the Previous Agreement), and all
prior understandings, representations, warranties and courses of conduct and dealing
3
36.
between Rock and Delta on the subject matter of the Agreement (and the Supplemental
Agreement).
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Denied. It is denied that Delta did not perform services as set forth in the Agreement.
To the contrary, Delta avers that it performed its obligations as set forth in the
Agreement.
(a)
It is denied that Delta did not perform its obligations under Paragraph 2(a) of the
Agreement. To the contrary, Delta performed its obligations under Paragraph
2(a) of the Agreement. Delta worked to complete a Pennsylvania IDP Grant
Application on behalf of Rock. Delta further avers that the IDP Grant Application
was not submitted because Rock desired that Delta focus on other sources of
funding, such as the funding discussed in the Supplemental Agreement.
(b)
It is denied that Delta did not perform its obligations under Paragraph 2(c) of the
Agreement. To the contrary, Delta performed its obligations under Paragraph
2(c) of the Agreement. Delta worked to effectuate the release of the RACP
Funds. However, Delta was advised that RACP Funds would not be released
until the 2,000,000 in state grant funds were properly processed by Rock. Rock's
failure to submit documentation and to cooperate with governmental entities and
agencies hindered Delta's efforts to obtain the release of the RACP Funds.
Moreover, it is admitted that the RACP Funds have not been released. It is denied
that Paragraph 2(c) of the Agreement requires Delta to effectuate the release of
the RACP Funds. Under Paragraph 2(c), Delta agreed to attempt to effectuate the
release of the RACP Funds. The RACP Funds raust be released by a
governmental entity. Delta never guaranteed any results for Rock.
(c)
It is denied that Delta did not perform is obligations under Paragraph 2(d) of the
Agreement. To the contrary, Delta performed its obligations under Paragraph
2(d) of the Agreement. Delta assisted Rock's engineer in preparing a Bureau of
Aviation funding submission.
Moreover, it is denied that Delta did not perform is obligations under Paragraph 2(g) of
the Agreement. To the contrary, Delta performed its obligations under Paragraph 2(g) of
the Agreement.
By way of further answer, Delta avers that it performed its obligations in a timely and
reasonable manner under the circumstances. The services rendered by Delta to Rock
were at all times proper, satisfactory, consistent with the Agreement and in performance
of the Agreement.
Delta incorporates by reference its admissions and denials as set forth in its Reply to
Paragraph 35 and 37 to 42 of Rock's New Matter.
37.
38.
39.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments :in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraph 38 of Rock's New Matter.
It is admitted that, under the Agreement, Rock agreed to pay a fixed monthly retainer of
$5,000 for planning and grant administration services provided by Delta to Rock.
It is denied that Paragraph 4 of the Agreement provides for payment in exchange for forty
hours of work per month. To the contrary, Paragraph 4 of the Agreement provides that
the base fee of $5,000 will provide Rock with forty works of work per month or six
hundred hours over the term of this Agreement. Contrary to Rock's interpretation and
characterization, nothing in Paragraph 4 mandates exactly forty hours of work in every
month of the Agreement.
By way of further answer, Delta avers that Agreement is a retainer agreement. As a
retainer agreement, the Agreement does not require any specific work to be performed in
any month. Contrary to Rock's interpretation and characterization of the Agreement, the
Agreement is not an hourly rate agreement which would[ require specific work to be
performed in any month.
Delta also avers that the fees set forth in the Agreement are reasonable under the
circumstances.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments :in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraph 37 of Rock's New Matter.
It is admitted that Delta submitted invoices to Rock during the term of the Agreement.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the troth of the remaining averments :in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
No Response is Necessary. Paragraph 39 of Rock's Ne.w Matter contains conclusions of
law to which no response is necessary. To the extent that a response is required, the
averments in Paragraph 39 are denied.
By way of further answer, Delta incorporates by reference its admissions and denials as
set forth in Delta's Reply to Paragraphs 28 to 38, 40 to 42 of Rock's New Matter and in
Delta's Answer to Paragraphs 43 and 44 of Rock's Counterclaim.
40.
41.
42.
Denied. Delta incorporates by reference its admissions and denials as set forth in its
Reply to Paragraphs 35 and 41 to 42 of Rock's New Matter.
It is denied that Delta represented to Rock that Delta could obtain the release of the
monies in the RACP. To the contrary, Delta performed its obligations under Paragraph
2(c) of the Agreement. Delta worked to effectuate the release of the RACP Funds. The
RACP Funds must be released by a governmental entity. Delta never guaranteed any
results for Rock.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraphs 35, 4(} and 42 of Rock's New Matter.
Based on Delta's understanding and belief, it is admitted that Rock expended monies and
authorized specific work to be performed at the Rock Pointe Business Park. By way of
further answer, Delta avers that it notified Rock not to spend any authorized money until
said money was awarded or released by governmental entities and agencies. Despite
Delta's wamings, Rock spent authorized money before said money was released or
awarded.
It is denied that Rock relied upon any representation by Delta in expending monies and
authorizing specific work to be performed at the Rock Pointe Business Park. By way of
further answer, Delta avers that the entire agreement between Rock and Delta concerning
Delta's services was set forth in the Agreement (and the: Supplemental Agreement). The
Agreement (and the Supplemental Agreement) supersede all prior oral agreements,, all
prior written agreements (including, but not limited to, the Previous Agreement), and all
prior understandings, representations, warranties and courses of conduct and dealing
between Rock and Delta on the subject matter of the Agreement (and the Supplemental
Agreement).
By way of further answer, Delta avers that any reliance by Rock upon the alleged
representation is reasonable and/or unjustified.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
Admitted in Part and Denied in Part. Delta incorporates by reference its admissions
and denials as set forth in its Reply to Paragraphs 35 to 36 and 40 to 41 of Rock's New
Matter.
Based on Delta's understanding and belief, it is admitted that Rock obtained a bridge loan
concerning the Rock's expenditure of money and Rock's authorization of specific work
at the Rock Pointe Business Park.
After reasonable investigation, Delta is without knowledge or information sufficient to
form a belief as to the truth of the remaining averments in this Paragraph and such
remaining averments are denied. Strict proof is demanded at trial.
43.
44.
Answer to Counterclaim
No Response is Necessary. Paragraph 44 of Rock's Counterclaim incorporates
Paragraphs 1 to 39 of Rock's Answer and New Matter. To the extent that a response is
required, Delta incorporates by reference Delta's averments in Paragraphs 1 to 27 of the
Complaint.
No Response is Necessary. Paragraph 44 of Rock's Counterclaim contains conclusions
of law to which no response is necessary. To the extent that a response is required, thc
averments in Paragraph 44 arc denied.
By way of further answer, Delta incorporates by reference Delta's averments in
Paragraphs 1 to 27 of the Complaint and its admissions and denials as set forth in Delta's
Reply to Paragraphs 28 to 42 of Rock's New Matter.
[Signature Appears on Next Page]
7
WHEREFORE, the Delta requests that this Court:
(1)
(2)
enter a judgment against Rock on Rock's New Matter and Counterclaim;
enter a judgment against Rock on Delta's Complaint in the amount of $85,864.47,
plus costs and interest from the date of demand in accordance with the law and
their Agreement; and,
(3) grant any other relief deemed appropriate.
Respectfully submitted,
chael D. Kleih, Esquire
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeuf, Lamb, Greene & MacRae, L.L.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 157108-2105
(717) 232-8199
Fax: (717) 232-8720
Attorneys for Plaintiff,
Delta Development Group, Inc.
8
VERIFICATION
I verify that the statements made in the foregoing document are tree and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unswom falsification to
authorities.
Eric R. Clancy, Secretary / Treasurer
Delta Development Group, Inc.
Certificate of Service
I hereby certify that I have this 26th day of February, 2003, served a tree and correct
copy of the foregoing document upon the following persons in the manner shown below:
Via Regular Mail (Postage Preoaid):
David E. McMaster, Esquire
Law Office of David E. McMaster
10431 Perry Highway
Suite 310
Wexford, PA 15090
(Counsel for Defendant)
David E. McMaster, Esquire
General Counsel
Rock-Airport of Pittsburgh, L.L.C.
1000 Rockpointe Boulvevard,
Rockpointe Business Airport,
Pittsburgh, PA 15084
(Counsel for Defendant)
(Courtesy Copy)
Respectfully submitted,
Michael D. Klein, Esquire
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeuf, Lamb, Greene & MacRae,
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 1'7108-2105
(717) 232-8199
Fax: (717) 232-8720
Attorneys for Plaintiff,
Delta Development Group, Inc.
DELTA DEVELOPMENT:
GROUP, INC.,
Plaintiff
ROCK-AIRPORT OF
PITTSBURGH, L.L.C.,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4177 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of June, 2003, upon consideration of Delta's Motion to
Compel Discovery from Rock-Airport of Pittsburgh, L.L.C., a Rule is hereby issued upon
Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
~ichael D. Klein, Esq.
Carl R. Shultz, Esq.
200 North Third Street
Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
Attorneys for Plaintiff
0~)_ avid E. McMaster, Esq.
2100 Corporate Drive
Suite 350
Wexford, PA 15090
Attorney for Defendant
BY THE COURT,
esley
irc
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
i~ Docket No. 02-4177 Civil Term
Plaintiff i
Delta's Motion to Make Rule Absolute
to Compel Discovery
From Rock-Airport of Pittsburgh, L.L.C.
Delta Development Group, Inc. ("Delta" or "Plaintiff"), by its undersigned
counsel, hereby moves this Honorable Court to make absolute the rule to show cause ("Rule")
which was issued in the above-captioned matter on June 9, 2003, and in support thereof states the
following:
On May 30, 2003, Delta filed a Motion to Compel Discovery Responses ("Motion") from
the Defendant, Rock-Airport of Pittsburgh, L.L.C. ("Rock" or "Defendant") to the set of
interrogatories severed upon Counsel for Rock on March 12, 2003 ("First Set of
Interrogatories") and the request for the production of documents served upon Counsel
for Rock on March 12, 2003 ("First Request for Production of Documents").
When the Motion was filed, Counsel for Delta submitted envelopes required by C.C.R.P.
206-6 for the mailing of the rule to show cause to Counsel for Rock.
On June 9, 2003, this Court (by the Honorable J. Wesley Oler, Jr.) issued a Rule on Rock
to show cause why Rock the relief requested by Delta's Motion should not granted,
which was returnable within twenty days of service. A tree and correct copy of the Rule
is attached hereto as Exhibit A, which is incorporated herein by reference.
The Rule was served upon the Parties on June 10, 2003. July 7, 2003 is 27 days from
June 10, 2003. The Rule should have been received by Rock on (or before) June 13,
2003. July 7, 2003 is 24 days from June 13, 2003.
As of July 7, 2003, Rock has failed to answer Delta's Motion in accordance with the
Rule.
6. As of July 7, 2003, Rock has failed to answer Delta's First Set of Interrogatories and
Delta's First Request for Production of Documents.
7. As averred in Delta's Motion (which is incorporated herein by reference), Delta has
incurred attorneys' fees and costs of $1012.50 in connection with this matter.
8. Delta believes and avers that Rock does not agree to the relief requested by this Motion.
WHEREFORE, Delta requests that this Honorable Court make the Rule absolute
and enter and order (1) imposing sanctions against Rock for failure to file any response to
Delta's Discovery Requests ami (2) directing Rock to file full and complete answers to Delta's
Discovery Requests within twenty (20) days or suffer further appropriate sanctions to be
imposed upon further application to the Court
WHEREFORE, Delta also requests that this Honorable Court order any other
relief as may be appropriate under these circumstances.
Respectfully submitted,
Michael D. Klein, Esquire
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeuf, Lamb, C~reene & MacRae, L.L.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-87120
Attorneys for Plaintiff,
Delta Development Group, Inc.
DELTA DEVELOPMENT:
GROUP, INC.,
Plaintiff
ROCK-AIRPORT OF
PITTSBURGH, L.L.C.,
Defendant
IN THE COURT OF C, OMMON PLEAS OF
CUMBERLAND COI~FNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4177 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of June, 2003, upon consideration of Delta's Motion to
'Compel Discovery from Rock-Airport of Pittsburgh, L.L.C., a Rule is hereby issued upon
Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COLtS[T,
Michael D. Klein, Esq.
2~ar0~No. Shultz, Esq.
rth Third Street
/Suite 300
' PO. Box 12105
Harrisburg, PA 17108-2105
Attorneys for Plaintiff
David E. McMaster, Esq.
2100 Corporate Drive
Suite 350
Wexford, PA 15090
Attorney for Defendant
're
In Testimony ,..,hereof; I htr, unto set m? hand
an!he seal of said Cburt at Carlisle, 'Pa.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
i Docket No. 02-4177 Civil Term
Plaintiff i
Rock-Airport of Pittsburgh, L.L.C., ',
Defendanti
Certificate of Service
I hereby certify that I have this 7th day of July 2003, served a true and correct copy of the
foregoing document upon the following persons in the manner shown below:
Via Regular Mail (Postage Prepaid):
David E. McMaster, Esquire
Law Office of David E. McMaster
2100 Corporate Drive
Suite 350
Wexford, PA 15090
(Counsel for Defendant)
David E. McMaster, Esquire
General Counsel
Rock-Airport of Pittsburgh, L.L.C.
1000 Rockpointe Boulvevard,
Rockpointe Business Airport,
Pittsburgh, PA 15084
(Counsel for Defendant)
(Courtesy Copy)
Respectfully submitted,
IVl]chael D. Klein, Esquire
PA Supreme Court: No. 23854
Carl R. Shultz, Esquire
PA Supreme Corm: No. 70328
LeBoeuf, Lamb, Greene & MacRae, L.[.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-8720
Attorneys for Plaintiff,
Delta Developmeut Group, Inc.
DELTA DEVELOPMENT:
GROUP, INC., :
Plaintiff
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROCK-AIRPORT OF
PITTSBURGH, L.L.C,
Defendant
CIVIL ACTION - LAW
NO. 02-4177 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of July, 2003, upon consideration of Plaintiff's Motion
To Make Rule Absolute To Compel Discovery from Rock-Airport of Pittsburg, L.L.C.,
Plaintiff's motion is granted, the Rule issued on June 9, 2003, is made absolute, and
Defendant is directed to respond without objection to Plaintiff's First Set of
Interrogatories and Plaintiff's First Request for Production of Documents, within 30 days
of the date of this order.
BY THE COURT,
Michael D. Klein, Esq.
200 North Third Street
Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
Attorney for Plaintiff
David E. McMaster, Esq.
2100 Corporate Drive
Suite 350
Wexford, PA 15090
Attorney for Defendant
J~esley Oler, Jr"ff,~'~ J.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
il DocketNo. 02-4177 Civil Term
Plaintiff
V.
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
Delta's Motion for Sanctions
(with Entry of Default Judgment) against Rock
For Failure to Obey Discovery Order
The Plaintiff, Delta Development Group, Inc. ("Delta" or "Plaintiff'), by its undersigned
attorneys, hereby requests that this Honorable Court enter an Order under Pa. R.C.P. No. 4019
imposing sanctions upon the Defendant, Rock-Airport of Pittsburgh, L.L.C. ("Rock" or
"Defendant"), for its failure to obey an Order to provide discovery (which was entered July 14,
2003), and in support thereof avers as follows:
Introduction:
This Court has authority to entertain this Motion pursuaaat to C.C.R.P. 206-2 and 4001-1
and Pa.R.C.P. Nos. 4006, 4009.12 and 4019.
The Honorable J. Wesley Oler, Jr. previously ruled upon Delta's Motion to Compel
discovery from Rock (as discussed herein).
Commencement of Action:
Delta commenced this breach of contract action by filing a Complaint on September 3,
2002. Specifically, Delta avers that materially Rock breached their Agreement, which
was entered into on (or about) April 18, 2001 ("Agreement"), by failing to pay for
services rendered by Delta to Rock.
Rock filed its Answer with New Matter and Counterclaim on (or about) February 7,
2003. In its Counterclaim, Rock avers that Delta materially breached their Agreement by
falling to timely complete work required under the Agreement.
5. Delta filed its Reply to New Matter and Answer to Counterclaim on February 27, 2003.
Discovery Requests from Delta to Rock:
6. On March 12, 2003, Counsel for Delta served a set of interrogatories upon Counsel for
Rock ("First Set of Interrogatories"). A true and correct copy of Delta's First Set of
Interrogatories to Rock (together with the transmittal letter) is attached hereto as Exhibit
A.
On March 12, 2003, under the same transmittal letter, Counsel for Delta also served a
request for the production of documents upon Counsel for Rock ( F~rst Request fo
Production of Documents"). A true and correct copy of Delta's First Request for
Production of Documents is attached hereto as Exhibit B.
Rock's
8.
Failure to Respond to Delta's Discovery Requests:
Rock's answers and objections, if any, to Delta's First Semi of Interrogatories and Delta's
First Request for Production of Documents were due on (or before) April 11, 2003. See
Pa. R.C.P. 4006(a)(2) (Answer to Written Interrogatories by a Party) and 4009.12(a)
(Answer to Request for Production of Documents)
Delta granted Rock until May 28, 2003 to serve Rock's ~aswers and objections, if any, to
Delta's First Set of Interrogatories and Delta's First Request for Production of
Documents.
Delta's Motion to Compel Discovery from Rock:
10.
Despite the extension of time granted to Rock, Rock failed to provide any answers or
responses to Delta's First Set of Interrogatories and no documents within the scope of
Delta's First Request for Production of Documents were produced.
11.
On May 30, 2003, Delta filed with this Court a Motion to Compel Discovery from Rock
("Motion to Compel").
12.
On June 9, 2003, this Court entered a Rule upon Rock to show cause why the relief
requested by Delta's Motion to Compel should not be gnmted. This Rule was returnable
within 20 days of service.
13. Rock did no~t respond to the Rule.
14.
On July 8, 2003, Delta filed with this Court a Motion to lVlake the Rule Absolute to
Compel Discovery from Rock.
15.
On July 14, 2003, this Court made the Rule absolute and directed Rock to respond
without obiection to Delta's First Set of Interrogatories and Delta's First Request for
Production of Documents within 30 days of the date of said Order ("Discovery Order").
A true and correct copy of the Discovery Order is attached hereto as Exhibit C.
Rock's Failure to Comply with Discovery Order:
16. The Discovery Order is dated July 14, 2003. August 13, 2003 is 30 days from July 14,
2003. Rock's responses to Delta's First Set of Interrogatories and Delta's First Request
for Production of Documents should have been served by ~
17. Rock has not sought an extension of time from the compliance date (30 days from the
date of the Discovery Order) as established by the Discovery Order.
18. As of ~, Counsel for Delta has not receiw~d any answer or response from
Rock to Delta's First Set of Interrogatories in accordance with the Discovery Order and
the Pennsylvania Rules of Civil Procedure.
19. As of~, Counsel for Delta has not received any answer or response from
Rock to Delta's First Request for Production f Document in accordance with the
Discovery Order and the Pennsylvania Rules of Civil Procedure.
20. Despite the Court's very specific direction to answer within 30 days of the date o~'the
Discovery Order, Rock failed to provide full and complete answers or responses to
Delta's First Set of Interrogatories and Delta's First Request for Production of
Documents.
Delta's Requests for Sanctions Against Rock:
21. Rock's failure to provide full and complete answers, without objection, to Dclta's First
Set of Interrogatories and Dclta's First Request for Production of Documents coastitutes
direct disobedience of the Court's Discovery Order (of July 14, 2003) and the
Pennsylvania Rules of Civil Procedure.
22. Rules 4019(a)(1)(i), 4019(a)(1)(vii) and 4019(a)(1)(viii) of the Pennsylvania Rules of
Civil Procedure provide, respectively, that this Court may make an appropriate order if a
party fails to serve sufficient answers to written interrogatories, fails to serve or produce
documents in response to a request for production, or fails to make discovery orto obey
an order of the court respecting discovery.
23. By virtue of Rock's failure to comply with this Court's Discovery Order, Delta has been
unable to secure important evidence and documents essential to the proof of its case, has
been unable to secure important evidence and documents essential to its defense against
Rock's Counter-Claim, and has been prejudiced as a result. Without discovery from
Rock, Delta is unable to effectively examine or rebut the Rock's contentions as raised by
Rock's Answer, New Matter and Counter-Claim.
24. Rule 4019(c)(3) of the Pennsylvania Rules of Civil Procedure provides that the Court
may enter judgment by default as an appropriate sanction against the disobedient party
for failure to comply with discovery rules and orders of the court.
3
25.
26.
27.
Rule 4019(g)(1) of the Pennsylvania Rules of Civil Procedure provides that the Court
may require a party to pay reasonable expenses, including attorney fees, incurred by the
moving party in obtaining an order of compliance and subsequent order for sanctions.
(a) The Plaintiffhas incurred attorneys' fees and costs of $1,012.50 in connection
with obtaining the Discovery Order.
(b) The Plaintiffhas incurred attorneys' fees and costs of $1,100.00 in connection
with seeking compliance with the Discovery Order.
In light of Rock's failure to provide full and complete answers to Delta's First Set of
Interrogatories and Delta's First Request for Production of Documents in violation of
Rules 4006 and 4009.12 of the Pennsylvania Rules of Ci¥il Procedure and this Court's
Discovery Order, this Court should (a) enter judgment by default against Rock on Count I
of Delta's Complaint against Rock; enter judgment by default against Rock on Rock's
Counter-Claim against Delta; and, (c) require Rock to pay reasonable expenses,
including attorney's fees, incurred by Delta in obtaining 'the Discovery Order and for
seeking compliance with the Discovery Order by way of this Motion.
Delta believes and avers that Rock does not agree to the relief requested by this Motion.
[Signature Appears on Next Page]
4
WHEREFORE, Delta requests that this Honorable Court enter and order (1) entry of a
judgment by default in favor of Delta, and against Rock in the anlount of $85,864.47 plus costs
and interest from the date of demand in accordance with law and their Agreement; (2) entry of a
judgment by default in favor of Delta, and against Rock, on Rock's Counter-Claim; and~ (3)
require Rock to pay to Delta its costs and reasonable attorney's f~es related to this matter,
WHEREFORE, Delta also requests that this Honorable Court order any other relief as
may be appropriate under these circumstances.
Respectfully submitted,
PA Supreme Coutt No. 23854
Carl R. Shultz, Esquire
PA Supreme Corm: No. 70328
LeBoeuf, Lamb, Greene & MacRae, l~.l~.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-8720
Attorneys for Pia~intiff,
Delta Development Group, Inc.
VERIFICATION
I verify that the statements made in the foregoing Motion are tree end correct to the best
of my knowledge, information end belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to
authorities.
Eric R. Clan~retary / Treasurer
Delta Development Group, Inc.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc., iI Docket No. 02-4177 Civil Term
Plaintiff
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
Certificate of Service
I hereby certify that I have this 19th day of August 2003, served a true and correct copy
of the foregoing document upon the following persons in the manner shown below:
Via Regular Mail (Postage Preoaid):
David E. McMaster, Esquire
Law Office of David E. McMaster
2100 Corporate Drive
Suite 350
Wexford, PA 15090
(Counsel for Defendant)
David E. McMaster, Esquire
General Counsel
Rock-Airport of Pittsburgh, L.L.C.
1000 Rockpointe Boulvevard,
Rockpointe Business Airport,
Pittsburgh, PA 15084
(Counsel for Defendant)
(Courtesy Copy)
Respectfully submitted,
Michael D. Klein, Esqm'¥e~
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Coart No. 70328
LeBoeuf, Lamb, Greene & MacRae, L.I~.?.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-8720
Attorneys for Plaintiff,
Delta Development Group, Inc.
List of Exhibits
Delta's First Set of Interrogatories
D¢lta's First Request for Production of Documents
Discovery Order
NEWYORK
WAEiHINGTO N, ~C.
ALBANY
DENVER
HARRISBURG
HA RTFO RD
HOUSTON
~JAC KSO NVI LL E
LEBOF_UF, LAMB, GRF,F,NF, ~. MACRAF,
L.L.P.
200 NORTH THIRD STRI--ET
SUITE 300
P.O. Box I 2105
HARRISBURG, PA I 7 108-2 105
(717) 232-8 I ~0
FACSIMILE: (717) 23,2-8720
E-HA~L ADDRESS: HICHAEL. KLEIN~LLGI~4.COH
WRITER'S DIRECT DIAL: (7 ~ 7)232-8 ii O~
March 12, 2003
LONDON
VIA REGULAR MAIL
David E. McMaster, Esq.
General Counsel
Rock-Airport of Pittsburgh, LLC
1000 Rockpointe Blvd.
Rockpointe Business AL-park
Pittsburgh, PA 15084
Re:
Delta Development Group, Inc. ("Delta") v.
Rock-Airport of Pittsburgh, L.L.C. ("Rock.'?)
Cumberland County Civil Docket No. 02-4177
Discovery Directed to Rock from Delta
Dear Mr. McMaster:
Enclosed are the First Set of Interrogatories and the First Request for Production
of Documents directed to the Defendant Rock-Airport of Pittsburgh, L.L.C. ("Rock"), from the
Plaintiff, Delta Development Group, Inc. ("Delta").
If you have any questions or concerns, please contact either Carl Shultz or me.
Thank you.
MDK:lls
Enclosures
cc: All persons on Certificate of Service
Eric Clancy
Sincerely,
Michael D. Klein
In the Court of Common iPleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
[ Docket No. 02-4177 Civil Term
Plaintiff i
First Set ofInterrogatories '
to Rock-Airport of Pittsburgh, L.L.C.
The Plaintiff, Delta Development Group, Inc. ("Delta" or "Plaintiff'), by its
undersigned attorney, requests that the Defendant, Rock-Airport of Pittsburgh, L.L.C. ("Rock" or
Defendant"), answer under oath the following Interrogatories within thirty (30) days from
service thereof in accordance with Pa. R.C.P. 4005 and 4006. These Interrogatories are deemed
to be continuing to the extent provided in Pa. R.C.P. 4007.4.
[intenti0nally Left Blaak]
Instructions And Definitions
The following instructions and definitions apply to each Interrogatory and are
incorporated by reference into each Interrogatory. Your answers must be responsive to these
Interrogatories in light of these instructions and definitions.
'Instructions:
These Interrogatories are directed to you and your of~cers, employees, agents, servants,
assigns, representatives, past and present, and unless privilege is claimed, each and every
attorney, past and present, of each and every such individual or entity.
These Interrogatories encompass ail information, documents and records that are in your
possession, control, or custody or that are in the possession, control, or custody of any of
your officers, employees, agents, servants, attorneys, and assigns.
You must answer these Interrogatories within thirty (130) days after service of these
Interrogatories.
Each Interrogatory is to be answered separately and as completely as possible. The fact
that investigation is continuing or that discovery is not complete should not be used as an
excuse for failure to answer each Interrogatory as fully as possible.
For each Interrogatory, identify (a) each person who participated in preparing your
answer to each Interrogatory,' (b) each document used to prepare your answer to each
Interrogatory, and (c) each person who provided information necessary to formulate your
answer to each Interrogatory.
If any Interrogatory cannot be answered after you have conducted a reasonable
investigation, you shall identi~ (a) any responsive answer or information to the extent
possible; Co) the identity of any answer or information that cannot be provided; and (c) a
description of your efforts to answer the Interrogatory Or obtain the unknown answer or
information.
If any objections are made to any Interrogatory, the reasons therefor shall be stated in
sufficient detail to permit the Court to rule on the propriety of the objectiom
If there is any claim of privilege relating to any Interrogatory, you shail set forth fully (a)
the information's or document's identity; Co) the basis for the claim of privilege,
including the .facts upon which you rely to support the claim of privilege in sufficient
detail to permit the Court to rule on the propriety of'the privilege; and, (e) the name of
each person having knowledge of the information.
These Interrogatories are continuous in nature and runst be supplemented promptly if you
obtain further information or learn between the date of the response and the time of
hearing that a previous response was incorrect when made, or though correct when made,
is then no longer true.
2
2.
3.
4,
5.
6.
Definitions:
All verbs are intended to include all tenses, to make the Interrogatory inclusive rather
than exclusive.
References to the singular are intended to include the plural and vice Versa, to make the
Interrogatory inclusive rather than exclusive.
Each masculine, feminine or neuter pronoun is intended to include all of the gender or
neuter pronouns, [o make the Interrogatory inclusive rather than exclfisive.
The words "and" and "or" shall be construed conjunctively or disjunctively as is
necessary to make the Interrogatory inclusive rather than exclusive.
The words "any", "as well as" and/or "all" shall be construed to mean "each and every"
to make the Interrogatory inclusive rather than exclusive.
The words "refer to", "relate to" and/or "relating to'; ~nean constituting, defining,
describing, discussing, involving, concerning, containing, embodying, reflecting,
identifying, stating, analyzing, mentioning, responding to, referring to, dealing with,
commenting upon,' or in any way pertaining to.
The terms "document" and/or "documents" shall mean all written or printed matter of
any kind in your possession, custody or control, which is either known to you or'can be
located or discovered by cliligent effort, including the originals and all nonridentical
copies, whether different from the original by reason of.any notation made on such copies
or othenvise, including without limitation, correspondence, memoranda, notes, speeches,
press releases, diaries, calendars, agenda, statistics, letters, telegrams, minutes, contracts,
purchase orders, reports, studies, cheeks, statements,.receipts, remms~ summaries,
pamphlets, books, inter-office and intra~office communieatious, offers, bulletins, printed
matters, computer printouts, teletypes, telefax, invoices, worksheets, work papers, records
of telephone calls or other communications or cunve~sations, and all drafts, alterations,
modifieatious, changes or amendments of any of the :foregoing, graphic or aural records
or representations of any kind (including without limitations, photographs, charts, graphs, .
microfiche, microfilm, videotapes, digital or analog recordings and motion pictures) e-
malls, and electronic or mechanical records or representations of any kind (including
without limitation, tapes, cassettes, computer disks, and digital recordings).
The terms "person" and/or "persons" shall mean any individual, natural person,
corporation, government or government subdivision or agency or instrumentality,
business trust, estate, trust, partnership, association, two or more persons having a joint or
common interest or any other legal or commercial entity and all present and former
officers, directors, agents, employees, partners, vent[~ers, owner~, representatives,
attorneys and others acting or purporting to act on behalf of such person.
The terms "statement" and/or "statements" shall haw: the meaning consistent with Rule
4003.4 of the Pennsylvania Rules of Civil Procedure.
The terms "identify", "identity" and/or "identification" shall have the following
meanings:
3
11.
12.
(c)
With respect to a natural person, said words mean to identify the
person's:
(1)
(2)
(3)
(4)
full name;
business address and phone number;
relationship to the subject matter of the Interrogatory; and
duties or responsibilities.
In the case of entities other than a natural person, Said terms shall
mean to identify:
(1) the nature of the entity;
(2) · the names and titles of its directors anti principal officers; and
(3) the identity of all persons who acted or who authorized another to act on
its behalf with respect to the subject matter of the Interrogatory.
When used in reference to a document, said t~'U'ms mean to
identify:
(1) the document's name, date, type and any other information which would
facilitate its identification;
(2i the identity of the document's custodi:m. (If the present custodian is not
known, describe the document's last known disposition);
(3) the name of the person(s), who authorized the document, and the names of
all persons to whom the document was disiributed; and
(4) if the above requested tnfonnation is apl~arent from the face of the
document, a copy of the document may be attached in lieu of providing
the information in the space provided in the Interrogatories.
When used in reference to an oral conununication, Said terms mean
to identify:
(1)
(2)
(3)
the nature of the oral communication;
the time and place of the oral commtmication;
the'name of the person(s) who initiated the oral communication and the
names of all person(s) to whom the information was communicated; and
the subject matter and substance of the oral communication.
The terms "state the basis," "state the factual basis", "state each fact" or "state the facts"
mean to (a) describe each and every fact or item ofi~fformation on which you rely to
support a particular claim, contention, or allegation; and, (b) identify each and every
communication, document or item of information which you contend supports, refers to,
or evidences such claim, contention, or allegation.
The terms "basis", "factual basis" or "fact" means e-~ch item of information, including
but not limited to, actions, inactions, communications, documents and polices upon
which a allegation, contention, claim or demand is bssed or which you contend supports,
refers to, or evidences such allegation, contention, claim, or demand.
4
13.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
The terms "communication" and/or "communications"' shall mean any oral conversation
or any writing or other document of any kind or character including, by way of example
and without limitation, personal conversations, telephone conversations, e-malls, letters,
meetings, memOranda, telegraphic and telex communi[cations or transmittals of
documents, and all notes or other documents concerning such writing or such oral
conversation.
The terms "representative" and/or "representatives" shall mean when Used with 'reference
to a person (a) any past or present officer, director, partner, associate, employee, servant,
agent, subsidiary, affiliate, legal counsel, or any agent: of such persons; and Co) any other
person acting on behalf of, or in concert with, such persons, including, without limitation,
insurance brokers or agents, auditors, actuaries, and conanltants of any type.
"Action'.' shall mean the action, proceeding or lawsuit mentioned in the above-mentioned
caption.
"Rock" or "Defendant" shall mean Rock-Airport of Pittsburgh, L.L.C., which is the
Defendant in the above-captioned Action.
The terms "you" and/o[ "your" shall mean the Defendant or Rock (as defined herein) as
well as any of its corporate affiliates, divisions, subgroups, subsidiaries, parent
corporations, predecessors-in-interest, successors, assignees, agents, legal representatives,
trustees, accountants, consultants, independent contractors, and all individuals,
representatives and other persons acting on its behalf, and its present and former officers,
directors, servants and employees. It is the intent of this definition to include all possible
sources of information within your possession, custody.or control, including information
in files at central, regional or. local offices and personal files.
"Delta" or "Plaintiff" shall mean Delta Development Group, Inc., which is the Plaintiff
in the above-captioned Action.
"Complaint" shall mean the Complaint filed by Delta in the above-captioned Action.
"Answer" shall mean the Answer filed by Rock in the above-captioned Action.
"New Matter" shall mean the New Matter filed by Rock in the above-captioned Action.
"Counter-Claim" shall mean the Counter-Claim filed by Rock in the above-captioned
Action.
"First Request for Production" shall mean the First Request for Production of Documents
that (a) is being served contemporaneous herewith; and, (b) whereby Delta requests that
you produce certain documents and/or tangible thin~.
"First Set of Interrogatories" shall mean this first set of interrogatories that whereby the
Appellants request that you answer certain written interrogatories (each an
"Interrogatory", and collectwely, the Interrogatone., .
5
25.
26.
27.
28.
29.
30.
"Project" shall mean the construction and development of the Rock Airport of Pittsburgh '
and/or the Rock Pointe Business Airpark at and around the site known as the "Rock
Pointe Business Airpark" and/or the "Rock Pointe Business Park".
"Previous Agreement, shall written agreement between Delta and Rock which is dated
December 9, 1999
"Agreement" shall mean the written agreement between Delta and Rock which is dated
April 18, 2001.
"Supplemental Agreement" shall mean the written agreement between Delta and Rock
which is dated October 25, 2001.
"RACP" shall mean a Redevelopment Assistance Capital Project, which is further
defined in the Capital Facilities Debt Enabling Act, Act of F~bruary 9, 1999, P.L. 1, No.
1, as amended, 72 t~.S. §§ 3919.101, et seq.
"RACP Budget" shall mean the budget of funds (whi,eh is also known as the Capital Debt
Fund) that have been appropriated from the General Fund upon authorization by the
Governor in accordance with the Capital Facilities Debt Enabling Act, Act of February 9,
1999, P.L. 1, No. 1, as amended, 72 P.S. §§ 3919.101, et seq.
[Intentionally Left Blank]
Interrogatories
Identify each person you expect or intend to (or may) use (or call) as an expert witness
during the hearing of this action. For each such expert, identify:
(a) their name and home and business address;
their occupation, and if they specialize in any particular field set forth'their areas
of specialization;
the qualifications of those persons listed in subpart (a) of this Interrogatory No. 1.
In doing so, list: the schools each has attende{h including years in attendance and
degrees received, experience in particular fields, including names and addresses
of employers with inclusive years of employ~aent; and a list of all publications
authored by said persons, includingthe title of the work, the name of the
periodical or book in which it was printed and the date of its printing;
(d) the facts to which each such expert is expected to testify;
7
(e) the opinion to which each such expert is expected to testify;
(f)
all the factual information supplied to each expert which was (or will be) used as
a basis for his opinion, including all objects e:~amined, the type, place, and date of
examination, as Well as a description of all photographs or plans reviewed;
a summary of the grounds (other than the facts requested in subpart (d) of this
Interrogatory No. 1) for each such opinion, including any text or material upon
which the expert witness will rely. Identify all such texts, including name, author,
edition and page; and
the full captions of all cases in which that person has testified in the past five (5)
years. If the full captions are unavailable, give the .~rnes of the cases and
identify the names of each tribunal in which they were tried as well as the
approximate date of trial. Briefly describe the subject matter of that person's
testimony in each case.
Identify each person (other than those persons identified in your answer to Interrogatory
No. 1) who you expect or intend to (or may) use (or call) as a wimess during the hearing
of this action. For each such person, identify:
(a) their home and business address;
(b) the facts to which each such person will testif.~
(c) the basis of each such person's knowledge of such facts;
(d) the opinion to which each such person is expected to testify;, and
(e)
all documents relating to each such person's testimony, whether or not you expect
or intend to introduce such documents at such hearing.
9
Identify all documents that you are withholding from production in response to the First '
Kequest for Production on ground of privilege or immunity. For each such document,
(a) identify the reason(s) for withholding;
Co) identify the date of the document;
(c)
identify by name, job title, and the last known business and home addresses Of
each person who wrote, drafted, or assisted in the preparation of the document;
(d)
identify by name, job rifle, and the last known business and home addresses of
each person who is known to have received or has custody of the document or
copies thereof;
10
(e)
identify by name, job rifle, and the last known business and home addresses of
each person who is known to have viewed or had access to the document or
copies thereof or to whom any portion of the contents has been communicated;
(f) identify thc nature and subject matter of the document;
identiiay the facts that constitute the basis for any claim of privilege, work product,
or other grounds ofnondisclosure; and
identify each interrogatory and each document request to which the document is
responsive.
1!
To the extent known to you, your attorney or other representative, identify each person
who bas any knowled§e of (or information as to) any facts pertaining to the Agreement
and~or the subject matter of this Action.
Identify the date, mount and source of each grant which you have received for the
Project.
For each grant identified in Interrogatory No. 5, identify each person who participated in
Your decision to seek each grant and when (month, chLy, year) their participation began
and ended.
· For each grant identified in Interrogatory No. 5, identify each person who participated in
the application process for each grant and when (month, day, year) their participation
began {md ended.
8. Identify the date,· amount and source of each loan. which you have received for Project.
12
For each grant identified in Interrogatory No. 8, identify each person who participated in
your decision to seek each loan and when (month, day, year) their participation began and
ended.
10.
For each grant identified in Interrogatory No. 8, identify each.person who participated in
the application process for each loan and when (month, day, year) their pmicipation
beg .a~ and ended.
11.
Identify each person who participated in your decision to enter into the Agre~ent. For
each person, identify when (month, day, year) their p~articipafion began and ended.
12.
Identify each person who participated in the negotiations related to the Agreement. Fo~
each persgn, identify when (month, day, year) their participation began and ended.
13.
State each fact (and identify each communication or ,document) related to your contention
that Rock made payments to Delta in Allegheny County, Pennsylvania.
13
14.
State each fact (and identify each communication or d~ocument) related to your contention '
that Delta failed render services that were at all times proper, satisfactory, consistent with
the Agreement and in performance of the Agreement.
15.
State each fact (and identify each communication or document) related to your contention
that Delta rendered services to Rock at places or loca~fions (other than Delta's.place of
business in Cumberland County).
16.
State each fact (and identify each communication or document) ielated to your contention
that Delta has materiaily breached the Agreement.
17.
State each fact (and identify each commUnication or document) related to your contention
that Delta failed to complete its work under the Agreement.
18.
State each fact (and identify each communication or document) related to your contention
that Delta caused substantiai time delays on the Project,
14
19. State each fact (and identify each communication or document) related to your contention '
that Delta overcharged Rock for the work performed by Delta.
20.
State each fact (and identify each communication or'dlocument) related to your contention
that Delta did not provide the requisite.hourly services to Rock.
21.
State each fact (and identify each communication or document) related to your contention
that Delta failed to obtain funding for the Project.
22.
State each fact (and identify each communication or document) related to your contention
that Delta represented to Rock that Delta could obtain the release (or appropriation) of
monies from the RACP Budget.
23.
State each fact (and identify'each communication or document) related to your contention
that you relied on representations by Delta on the rel,~.ase (or appropriation) of monies
from the RACP Budget.
15
24.
State each fact (and identify each communication or document) related to your contention
that Delta did not render services to Rock consistent with the Paragraph 2(A) of the
Agreement.
25.
State each fact (and identify each communication or document) related to your contention
that Delta did not render services to Rock consistent with the Paragraph 2(C) of the
Agreement.
26.
State each fact (and identify each communication or document) related to y0ur contention
that Delta did not rendered services to Rock consistent with the Para,apb 2(11) of the
Agreement.
27.
State each fact (and identify each communication or document) related to your contention
that Delta did not rendered services to Rock consistent with the Paragraph 2(G) of the
Agreement.
16
28.
If you contend that Delta did not render services to Rock consistent with Paragraph 2(B)
of the Agreement, please state each fact (and identify each communication or document)
related to your contention that Delta did not render services to Rock consistent with
Paragraph 2(B) of the Agreement.
If you contend that Delta did not render services to Rock consistent with Paragraph 2(E)
.of the Agreement, please state each fact (and identify each communication or document)
related to your contention that Delta did not render seuwices to Rock consistent with
Paragraph 2(B) of the Agreement.
30.
I/you contend that Delta did not render services to Rock consistent with Paragraph 2(F)
of the Agreement, please state each fact (and identify each communication'or document)
related to your contention that Delta did not render services to Rock consistent with
Paragraph 2(F) of the Agreement.
31.
If you contend that Delta did not render services to Rock consistent with Paragraph 2(1-I)
of the Agreement, please state each fact (arid. identify each communication or document)
related to your contention that Delta did not render services to Rock consistent with
Paragraph 2(I-1) of the Agreement.
17
If you contend that Delta did not render services to Rock consistent with Paragraph 4 of
the Agreement, please state each fact (and identify each communication or document)
related to your contention that Delta did not render services to Rock consistent with
Paragraph 4 of the Agreement.
33.
Identify each document related to the processing by Rock of the $2,000,000 in RACP
funds reCeived by Rock.
34.
State each fact (and identify each communication or document) related to your contention
that Rock objected or otherwise notified Delta that th~.~ services performed by Delta under
the Agreement were unsatisfactory.
35.
State eaCh fact (and'identify each communication or document) related to your contention
that Rock suffered damages by the actions (or inactions) 0fDelta.
18
36. For each of the preceding Interrogatories, identify:
(a) each person who participated in preparing yom: answer to each such Interrogatory;
each person who provided information necessary to formulate your answer to
each such Interrogatory; and.
(c)' each document used to prepare your answer to, each such Interrogatory.
19
Respectfully submitted,
Michael D. Kl~i~, E~quire - -
PA Supreme Corm No. 23854 . ·
.Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeuf, Lamb, Greene & MacKae, L.L.P.
200 North Third Street, Suite 300
P.O. Box 12105 -
Harrisburg, PA 17108-2105
(717) 232-8199'
Fax: (717) 232-8720
· Attorneys for Plaintiff,
Delta Development Group, Inc
2O
In the Court of Common ]Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc.,
i Docket No. 02.-4177 Civil Term
Plaintiff i
Pock-Airport of Pittsburgh, L.L.C.,
Defendant
Certificate of Service
I hereby certify that I have this 12th day 0f March, 2003, served a true and correct copy
of the foregoing document upon the following persons in the :manner shown below:
Via Regu~lar Mail (Postaee Preoaid):
David E. McMaster, ESquire
Law Office of David E. McMaster
10431 Perry Highway
Suite 310
Wexford, PA 15090
(Counsel for Defendant)
David E. McMaster, Esquire
General Counsel
Rock-Airport of Pittsburgh, L.L.C.
1000 Rockpoinie. Boulvevard,
Rockpointe Business Airport,
'Pittsburgh, PA 15084
(Counsel for Defendant)
(Courtesy Copy)
Kespectfully submitted,
m~chael D. Klein, E~uire "' '
PA Supreme Court No. 23854
Carl R. Shultz, ]=.squire
'PA Supreme Court No. 70328
LeBoeuf, Lamb, Greene & MacRae, La,.P..
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232'8!99
Fax: (717) 232-8720
Attorneys for Plaintiff,
Delta Development Group, Inc.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc., i Docket No. 02-4177 Civil Term
Plaintiff i
Rock-Airport 'o f Pittsburgh, L.L.C.,
Defendant i
First Request for Production of Documents
to Rock-Airport 'of Pittsburgh, L.L.C.
Pursuant to Pa. R.C.P. 4009, the Plaintiff, Delta Development Group, Inc.
("Delta" or "Plaintiff'), by its undersigned attorney, requests that the Defendant, Rock-Airport of
Pittsburgh, L.L.C. ("Rock" or Defendant") produce the following documents and tangible things
for inspection and copying, on April 11, at 9:00 a.m. at the offices of the undersigned, or
forward true and correct copies thereof to the undersigned at ~d~ Offices within thirty (30)' days
after sen, ice of this request.
[Intentionally Lett Blank]
Instructions And Definitions
The following instructions and definitions apply to each request for production and are
incorporated by reference into each request. Your response must be responsive to these requests
in light of these instructions and definitions.
Instructions:
Whenever in the folloWing paragraphs there is a request to produce documents, you are
. requested to produce all documents that are in your possession, custody or control or that
of any 9f your representatives, or that are reasonably obtainable from other sources.
Each request herein for a document or documents to 'be produced, whether memoranda,
reports, letters, minutes, or other documents of any description requires the production of
the document in its entirety, Without redaction or expurgation.
You must answer these requests Within thirty (30) days after service.of these requests.
You must (a) produce the requested documents and tangible things for inspection and
copying, on the above-mentianed date at the above-mentioned time at the offices of the
undersigned; or, Co) forward tree and correct copies thereof to the undersigned at his
offices.
Each request for documents, and thc portions thereof, are to be responded to separately,
but responses to one request for documents, or portinnsthereof, may be incorporated by
reference in responses to other requests for document,% or portions thereof.
Each document produced for inspection or copying shall be identified by the specific
request for documents, Or any portiun thereof, to which it relates.
If any documents responsive to all or any part of any request for documents are not
currently in your possession, custody or control or otb,revise not currently available,
include a statement to that effect and furnish whatever documents are available. Include
in your statement when such documents were most recently in your possession or subject
to your control and what disposition was made of them, and identify each pemon
currently in possession or control of such documents by name, job title, and last known '
business and home address. If any of such documents have been destroyed, state when
and where such documents were destroyed, identify each person who directed that the
documents be destroyed or who actually destroyed the documents by name, job title, and
last known business and home address and state the re~tsons the documents were
destroyed.
If any document covered by these requests is withheld from production, please furnish a
list identifying each such document and providing the tbllowing information with respect
to each such document: All documents relating to:
2
10.
(a) the reason(s) for withholding;
(b) the date of the document;
(c)
(e)
(0
identification by name, job title, and the last known business and
home addresses of each person who wrote, drafted, or assisted in
the preparation of the document;
identification by name, job title, and the 1ast known business and
home addresses of each person who is known to have received or
has custody of the document or copies thereof;
identification by name; job title, and the last known business and
home addresses of each person who is known to have viewed Or
had access to .the document or copies thereof or to whom any
portion of the cont,ents has been communicated;
a brief description of the natUre and sul~ject matter of the
document;
(g)
Ca)
a statement of the facts that constitute the ba~ds for any claim of
privilege, work product, or other grounds ofnondisclosure; and
the paragraph(s) of these requests to which the document is
responsive. '
II'any objections are made to any request, please pmvid~ a statement of the reasons for
all such objections in sufficient detail to penait the Board to rule on the propriety of the
objection.
These requests are continuous in nature and must be supplemented promptly if you obtain
or learn further or different information between the ,date of the response and the time of
trial by which you know that a previous response was incorrect when made, or though
correct when made, is then no longer true.
The period covered by each request for documents is January 1999 through the present,
unless othen,ise noted.
Definitions:
All verbs are intended to include all tenses, to make ~he Request inclusive rather than
exclusive.
References to the singular are intended to include the plural and vice versa, to make the
Request inclusive rather than exclusive.
Each masculine, feminine or neuter pronoun is intended to include all of the gender or
neuter pronouns, to make the Request inclusive rather' than exclusive.
3
The words "and" and "or" shall be construed conj~mctively or disjunctively as is
necessary to make the Request inclusive rather than exclusive.
The words "any", "as well as" and/or "all" shall be oonstrued to " ,,
mean each end every
to make the Request inclusive rather than exclusive.
The words "refer to", '¥elate to" and/or "relating to" mean constituting, defining,
describing, discussing, involving, concerning, containing, embodying, reflecting,
identifying, stating, analyzing, mentioning, reSPonding to, referring to, dealing with,
commenting upon, or in any way pertaining to.
The terms "document" and/or "documents" shall meen all written or printed matter of
eny kind in your possession, custody or control, which is either known to you or can be
located or discovered by diligent effort, including the originals and all non-identical
copies, whether different from the original by reasorm of any notation made on such copies
or otherwise, including without limitation, correspondence, memoranda, notes, speeches,
press releases, diaries, calendars, agenda, statistics, letters, telegrams, minutes, contracts,
purchase orders, reports, studies, checks, statements, receipts, returns, summaries,
pamphlets, books, inter-office and intra-office communications, offers, bulletins, printed
matters, computer printouts, teletypes, telefax, invoices, worksheets, work papers, records
of telephone calls or other communications or conversations, and all drafts, alterations,
modifications, changes or amendments of any of the foregoing, graphic or aural records
or representations of any kind (including without limitations, photographs, charts, graphs,
microfiche, microfilm, videotapes, digital or analog reenrdings and motion pictures) e-
mails, and electronic or mechanical records or representations of any kind (including
without limitation, tapes, cassettes, computer disks, end<ligital recordings).
The terms "person" and/or "persons" shall mean any individual, natural person,
corporation, government or government subdivision or agency or instrumentality,
business trust, estate, trust, partnership, association, two or more persons having a joint or
eormnon interest or any other legal or commercial entity and all present and former
officers, directors, agents, employees, partners, venturers, owners, representatives,
attorneys and others acting or purporting to act on behalf of such person
The terms "statement" and/or "statements"'shall have: the meaning consistent with Rule
4003.4 of the Pennsylvania Rules of Civil Procedure.
The t.erms "identify", "identity" and/or "identification," shall have the following
meanings:
(a)
With respect to a natural person, said words mean to state the
person's:
O)
(2)
O)
(4)
full name;
business address and phone number;
relationship to the subject matter of the Request; and
duties or responsibilities.
4
(b)
(c)
In the case of entities other than a natural person, said terms shall
mean to state:
(1) the nature of the entity;
(2) the names and titles of its d/rectors and principal officers; and
(3) the identity of ail persons who acted or who authorized another to act on
its behaif with respect to the subject :matter of the Request.
When used in reference to a document, said terms mean to state:
(d)
(1)
(2)
(3)
.(4)
the document's name, date, type and any other information which would
facilitate its identification;
the identity of the document's custodian. (If the present custodian is not
known, describe the document's last known disposition);
the name of the person(s) who authorized the document, and the names of
all persons to whom the document was distributed; and
if the above requested information is apparent from the fase of the
document, a copy of the document may be attached in lieu of providing
the information in the space provided in the Interrogatories.
When used in reference to an orai communication, said terms
mean to state:
11.
12.
13.
(1)
(2)
(3)
(4)
the nature of the orai communication;
the time and place of the orai commanication;
the name of the person(s) who initiated the oral communication and the
names of ail person(s) to whom the information was communicated; and
the subject mhtter and substance of the oral communication.
The terms "state the basis," "state the factual basis", "'state each fact" or" state the facts"
mean to (a) describe each and every fact or item ofitgormation on which you rely to
support a particular claim, contention, or ailegation; and, (b) identify each and every
communication, document or item of information which you contend supports, refers to,
or evidences such claim, contention, or ailegati0n.'
The terms "basis", "factual '" " ,, · · · .
basxs or fact means ea:h item of information, meludlng
but not limited to actions, inactions, eommunieations,~ documents and polices upon which
'a allegation, Contention, claim or demand is based or which you contend supports, refers
to, or evidences such ailegation, contention, claim, or demand.
The terms "communication" and/or "communications" shail mean any orai conversation
or any writing or other document of any kind or chars~ter including, by way of example
and without limitation, personal conversations, telephone conversations, e-mails, letters,
meetings, memoranda, telegraphic and telex eornmurrications or transmittais of
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
documents, and all notes or other documents concerning such writing or such oral
conversation.
The terms "representative" and/or "representatives"' shall mean when used with reference
to a person, (a) any past or present officer, director, partner, associate,, employee, servant,
agent, subsidiary, affiliate, legal counsel, or any agent of such persons and CO) any other
person acting on behalf of, or in concert with, such persons, including, without limitation,
insurance brokers or agents, auditors, actuaries, and consultants of any type.
"Action" shall mean the action, proceeding or lawstdt mentioned in the above-mentioned
caption.
"Rock" or "Defendant" shall mean Rock-Airport of Pittsburgh, L.L.C., which is the
Defendant in the above-captioned Action.
The terms "you" and/or "your" shall mean the Defendant Or Rock (as def'med herein) as
well as any of its corporate affiliates, divisions, subgroups, subsidiaries, parent
'
orporations, p[edecessors-in-interest, successors, a~signees, agents, legal representatives,
trnstees~ accountants, consultants, independent contractors, and all individuals,
representatives and other persons acting on its behalf, and its present and former officers,
directors, servants and employees..It is the intent of this definition to include all possible
sources ofinformatiun within your possession, custody or control, including'information
in files at central, regional or local offices and personal files.
elta or PlamtilT shall mean Delta Development: Group, Inc., which is the Plaintiff
in the above-captioned Action. '
"Complaint" shall mean the Complaint filed by Delta in the above-captioned Action.
"Answer" shall mean the Answer filed by Rock in the above-caPtioned Action.
'2qew Matter" shall mean the New Matter filed by Rock in the abov~e-captiuned Action.
"Counter-Claim" shall mean the Counter-Claim filed by Rock in the above-captioned
Action.
"First Request for Production" shall mean this First Request for Production of Documents
that whereby Delta requests that you produce certain documents and/or tangible things.
"First Set of Interrogatories" shall mean the first set ofinterr°gatories that (a) is being
. served contemporaneous herewith; and; CO) whereby the Appellants request that you
answer certain written interrogatories. '
"Project" shall mean the c '
onstmction and development of the Rock Airport of Pittsburgh
and/or the Rock Pointe Business Airpark at and around the site known as the "Rock
Pointe Business Airpark" and/or the "Rock Pointe Business Park".
"Previous Agreement" shall written agreement between Delta and Rock which is dated
27.
28.
29.
30.
December 9, 1999
"Agreement" shall, mean the written agreement between Delta and Rock which is dated
April 18, 2001.
"Supplemental Agreement" shall mean the written agreement between Delta and Rock
which is dated October 25, 2001.
"RACP" shall mean a Redevelopment Assistance Capital Project, which is further
defined in the Capital Facilities Debt Enabling Act, Act of February 9, 1999, P.L. 1, No.
1, as amended, 72P.S. §§ 3919.101, et seq. ' '
"RACP BUdget'' shall mean the budget of funds (which is also known as the capital Debt
Fund) that have been appropriated from the General Fund upon authorization bythe
Governor in accordance with the Capital Facilities Debt Enabling Act, Act of February 9,
1999, P.L. 1, No. 11 as amended, 72 P.S. §~ 3919.101, etseq.
Documents Requested
You are requested to produce the following documents and tangible things pursuant to
Pa.R.C.P. No. 4009:
All documents that you identified in your responses (or answers) to the FirSt Set of
Imermgatories.
All documents that you relied on in responding to or answering the First Set of
Interrogatories.
All documents which you intend to (or may) upon in the litigation of this Actionl
All documents which you intend to (or may) introduce into evidence, or use, or refer to
during any trial (or. hearing) in this Action.
All documents on which you intend to (or may) rely to support your contentions in the
litigation of this Action.
All documents that support any affirmative defenses you intend or plan to raise in
opposition (or objection) to this Action.
All documents that support your Answer.
All documents that support your NeTM Matter.
All documents that support your Counter-Claim.
I 0. All documents relating to the Previous Agreement.
11. All documents relating to the Supplemental Agreement.
12.· All documents relating to the Agreement.
13. All documents related to each grant you have received for the Project.
14. All documents related to each grant pphcat~on for the Project.
15. All documents related to each loan you have'received for the Project.
16. All documents related to each loan application for the Project.
17. All documents related to any RACP designation for ~he Project.
18. Al.1 dgeuments related to any RACP authorizations t~r the Project.
19. All documents related to any RACP Budget appropriations for the Project.
20. All documents related to pro forma balance sheet~ for the Project.
21. All documents related to any Bureau of Aviation fimding submission (or application) for
the Project.
22. All documents related to a master project funding schedule for the Project.
23. All documents related to any contract for the Project.
24. All documents related to any obligation of Rock for the Project.
25. All documents related to any commitment by Rock fo:r the Project.
26. All documents related to meetings with any federal oI~eials, state officials (including, but
not limited to, the Governor's Office of the Budget), county Officials, local officials
related to the Project and/or funding for the Project.
27. All documents related to any licenses for the Project.
28. All documents related to any permits .for the Project.
29. All documents related to any governmental approvals tbr the Project.
30. All documents related to any governmental authorizations for the Project.
31. All documents related to any buildings for the Project.
32. All documents related to any buildings for Ro~k '
33. All documents related to any buildings for Zmbrano Corp.
34. All documents related to any buildings for Joseph El. Fay Co.
35. All documents related to any buildings for Management Science Associates, Inc.
36. All documents related to any flex-space buildings.
37. All documents related to th~ sale of any parcels (or tracts of land) in Project.
38. All documents related to the lease of any parcels (or tracts of land) in Project.
39. All documents related to any other transactions concerning any parcels (or tracts of land)
in Project.
40. All documents related to any pending sale of any parcels (or tracts Of land) in Project.
41. All documents related to any pending lease of any parcels (or tracts ofiand) in Project.
42. All documents related to any other pending transactions concerning .any parcels (or tracts
of land) in Project.
43. All documents relating to any agreements or contracts with any contractor.
44. All documents related to any construction activities fbr the Project.
45. All documents related to any development activities fbr. the Project.
46. All documents related to any improvement~ for the Project.
47. All documents related to any extension of any nmways for the Project.
48. All documents related to any excavation for the Project.
49. All documents related to any earth movement activities for the Project.
50. All dOcuments related to anytime delays for the prOject.
51. All documents reflecting or constituting communication between Rock and First Merit
Bank, N.A. relating to the Project and/or funding for the Project.
52. All documents · · · .
relating reflecting or const~tuttug commumcation between Rock and Sky Bank
to the Project and/or funding for the Project.
53. All documents reflecting or constituting communication between Rock and SE
Techologies, Inc. relating to the Project and/or funding for the Project.
54. All documents reflecting or c ' ' · .'
onstitutmg commumcation between Rock and the Zambrano
Corporation relating to the Project and/or funding for the Project.
55.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
?1.
72.
73.
74.
All documents reflecting or constituting communication between Rock and the $oseph B.
Fay Co. relating to. the Project and/or funding for the Project.
All documents reflecting or constituting communication between Rock and Management
. Science Associates relating to the Project and/or funding for the Project.
All documents reflecting or constituting eornmunication between Rock and Atlas
Services Corporation relating to the Project and/or fimding for the Project.
All documents reflecting or eenstituting eornmunicafion betv~een Rock and Canova
· Electrical Contracting relating to the Project an~d/or funding for the Project.
All documents reflecting or constituting communication between Rock and Contech
Cons~:uction Products relating to the Project and/or fhnding for the Project.
All documents reflecting or constituting communication between Rock and K-Cor, Inc.
relating to the Project and/or funding for the Project.
All documents reflecting or constituting eommunicatJ[on between Rock and Rock-Built,
Inc. relating to the Project and/or funding for the Project.
All documents relating to any balance sheets for Rock.
All documents relating to any income statements for Rock.
All documents relating to any annual financial reports for Rock.
All documents relating to any income tax returns for R;ck.
All documents relating to any unsatisfied judgments against Rock.
All documents relating to any unsatisfied mortgages on the Project..
All doeuraents rtlating to any unsatisfied seenrity interests in the Project.
All documents relating to any unsatisfied liens on the Project.
All documents related to any souroes of cash flow for the Project.
All documents relating to any creditor of Rock.
All documents relating to any creditor of the Project.
All doeurnents relating to any pending, suits, actions, legai proceedings or claims against
Rock (.O~0~_~331~L~.
All documents reflecting or constituting communication between you and any enntraetor
relating to the Project and/or funding for the Project (including, but not limited to, any
Bureau of Aviation funding submission (or application)).
10
75.
~76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
All documents relating to or memorializing any telephone or in-person conversations
between you and any contractor relating to the Project and/or funding for the Project
(including, but not limited to,
application))', any Bureau of Aviation funding submission (or
All correspondence and other documents you sent to any contractor reiating to the Project
and/or funding for the Project (including, but not limited to, any Bureau of Aviation
funding submission (or application)). ·
All correspondence and other documents you receiw~d tiom any contractor relating to the
Project and/or funding for the Project (including, but not limited to, any Bureau Of
Aviation funding submission (or application)).
Meeting notes, memoranda, and all other documents pertaining to meetings or phone
calls between you and any centractor relating to the Project and/or funding for the Project
(including, but not limited to, any Bureau of Aviation funding submission (or
application)).
All documents reflecting or constituting communication between you and any' federal
officials (including, but not limited to the Federal Aviation Administration) relating to the
Project and/or funding for the Project. - ·
All documents relating to or memorializing any teleplaone or in-person conversations.
between you and any federal officials (including, but not limited to the Federal Aviation
Administration) relating to the Project and/or funding for the Project.
All Cor~esi~ondence and other documents you sent to un~ federal officials (including, but
not limited to the Federal Aviation Administration) relating to the Project and/or funding
for the Project. .
Al! correspondence and other documents you received from any federal officials
(including, but not limited to the Federal Aviation Achninistrafion) relating to the Project
and/or funding for the Project. '
Meeting notes, memoranda, and all other documents pertaining to meetings or phone
calls between you and any federal officials (including, but not limited to the Federal
Aviation Administration) relating to the Project and/or funding for the Project.
All documents reflecting or constituting communication between you and any state
officials (including, but not limited to, the Gov, emor's .Office of the Budget), county
officials, local officials, relating to flae Project and/or flanding for the Project.
All documents relating to or memorializing any telephone or in-person conversations
between you and any state officials (including, but not limited to, the Governor's Office
of the Budget), county officials, local officials, relating to the Project and/or fimding for
the Project.
11
86.
87.
88.
89.
90.
All correspondence and other documents you sent to any state officials (including, but not ·
limited to, the Governor's Office of the Budget), county officials, local officials, relating
to the Project and/or funding for the Project.
All correspondence and other documents you received from any state officials (including,
but not limited to, the Governor's Office of the Budget), county officials, local officials,
relating to the Project and/or funding for the Project.
Meeting notes, memoranda, and all other documents pertaining to meetings or phone
calls between you and any state officials (including, but not limited to, the Governor's
Office of the Budget), county officials, local officials, relating to the Project and/or
funding for the Project.
All documents reflecting or constituting communication between you and your engineer
relating to the Project and/or funding for the Project ,(including, but not limited to, any
Bureau of Aviation funding submission (or application)).
All documents relating to or memorializing any telephone or in-person conversations
between you and your engineer relating to the Project and/or funding for the ProjeCt
(including, but not limited to, any Bureau of Aviation funding submission (or
application)).
91. All correspondence and other documents you sent to your engineer relating to'the Project
and/or funding for the Project (including, but not limJ[ted to, any Bureau of AviatiOn
funding submission (or application)).
92. All correspondence and other documents you received ~rom your engineer relating to the
Project and/or funding for the Project (including, but not limited to, any Bureau of
Aviation funding submission '(or application)).
93. Meeting notes, memoranda, and all other documents l~ertaining to meetings or phone
· calls between you and your engineer relating to the Project and/or funding for the Project
(including, but not limited to, any Bureau of Aviation funding submission (or
application)).
94. All documents reflecting or constituting communication between you and Delta relating
to the Project and/or funding for the Project.
95. All documents relating to or memorializing any telephone or in-person conversations
between you and Delta relating to the Project and/or fimding for the Project.
96. All cOrrespondence and other documents you sent to Delta relating to the Project and/or
funding for the Project
97.
All correspondence and other documents you received from Delta relating to the Project
and/or _fimding for the l~oject. -
12
98.
99.
Meeting notes, memoranda, and all other documents pertaining to meetings or phone
calls between you and Delta relating to the Project and/or funding for the Project.
All dOcuments reflecting or constituting communication between you and other person
not otherwise identified in these requests relating to the Project and/or funding for the
Project.
100.
Ail documents relating to or memorializing any telephone or in-person conversations
between you and any other person not otherwise identified in these requests relating to
the Project and/or funding for the Project.
101. Ail correspondence and other documents you sent to any other person not otherwise
identified in these requests relating to the Project and/or funding for the Project
102. ' Ail correspondence and other documents you reeeive~l' from other person not otherwise
identified in these requests relating to the Project and/or funding for the Project.
103. Meeting notes, memoranda, and all other documents pertaining to meetings or phone
calls between you and other person not otherwise identified in these requests relating to ·
the Project and/or funding for the Project.
104.
All other documents in your files or the files of your attorneys concerning the liabilities
or financial obligations of Rock which have not been requested by any of the preceding
requests (or paragraphs) hereof, and which are not expressly exempted from discovery
by Pa.R.C.P. 4003.3 or 401 l(e).
105. All other documents in your files or the files of your attorneys concerning the Agreement
which have not been requested by any of the preceding requests (or paragraphs) hereof,
and which are not expressly exempted from discover.! by Pa.R.C.P. 4003.3 or 4011(c).
106. Ail 0the~ documents in your files or the files of your aftomeys concerning this Action
which have not been requested by any of the preceding requests (or paragraphs) hereof,
and which are not expressly exempted from discovery by Pa.R.C.P. 4003.3 or 401 !(c).
[Intentionally Left Blank]
13
Respectfully s~bmitted,
Michael D. Klein, Esquire
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court bio. 70328
LeBoeuf, Lamb, Greene & MacRae, L.L.P.
200 North Tl~ird Street, Suite 300
P.O. Box 1210:5
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-.8720
Attorneys for Plaintiff,
Delta Developlment Group, Inc.
14
In the Court of Common Pleas of
Cumberland County, Pennsylvania
~Civil Division
Delta Development Group, Inc., i Docket No. 012-4177 Civil Term
Plaintiff
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
Certificate of Service
I hereby cet~dfy that I have this 12th day of March, 2003, served a.true and correct copy
of the foregoing document upon the following persons in the manner shown below:
Via Regular Mail (Postage Prepaid):
David E. McMaster, Esquire
Law Office of David E. McMaster
10431 perry Highway
Suite 310
Wexford, PA 15090
(Counsel for Defendant)
David E. McMaster, Esquire
General Counsel
Rock-Airport of Pittsburgh, L.L.C.
1000 Roclcpointe Boulvevard,
Rockpointe Business Airpgrt,
Pittsburgh, Pt~ 15084
(Counsel for Defendant)
(Courtesy Copy)
'Respectfully submitted,
M~chael D. Klein, Esquire
-PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
. LeBoeuf, Lamb, Greene & MacRae, L.L.P.
' 200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-819!}
Fax: (717) 232-8720'
Attorneys for Plaintiff,
Delta Development Group, Inc.
II
JUL I 8 2003
DELTA DEVELOPMENT:
GROUP, INC., :
Plaintiff :
V. :
ROCK-AIRPORT OF :
PITI'SBUKGH, L.L.C, :
Defendant :
IN THE COURT OF. COMMON PLEAS OF
CUMBERLAND COUNTY, pENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4177 CIVIL TERM
ORDER OF COURT.
AND. NOW, this 14~ day of July, 2003, upon consideration of Plaintiff's Motion
To Make Rule Absolute To Compel Discovery from Rock-Airport of Pittsburg, L.L.C.,
Plaintiffs motion is granted, the Rule issued on June 9, 2003, is made absolute, and
Defendant is directed to respond without objection to Plaintiffs First Set of
Interrogatories and Plaintiff's First Request for Production of Documents, within 30 days
of the date of this order.
el D'. Klein, Esq.
orth Third Street
Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
Attorney for Plaintiff
David E. McMaster, Esq.
2100 Corporate Drive
Suite 350
Wexford, PA 15090
Attorney for Defendant
BY THE CO'URT,
~.~csley O.Le.r, Jr{,,,/ ~.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc., i Docket No. 02-4177 Civil Term
Plaintiff
Airp
Rock- ort of Pittsburgh, L.L.C.,
Defendant
Rule to Show Cause
AND NOW, this Zf~ff~. day offalS_ 2003, upon consideration of the
Motion for Sanctions ("Motion") filed by the Plaintiff, Delta Development Group, Inc. ("Delta"
or "Plaintiff'), a Rule is hereby granted upon the Defendant, Rock-Airport of Pittsburgh, L.L.C.
("Rock" or "Defendant"), to show cause why Delta should not be granted the relief requested in
said Motion.
RULE RETURNABLE the ~ ~ _ day of_~
__~: t9_~9 o'clock ~_._.m., in Court Room __~_~.
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
,2003, at
Michael D. Klein, Esquire
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
Attorney for Plaintiff
David E. McMaster, Esquire ~
2100 Corporate Drive
Suite 350
Wexford, PA 15090
Attorney for Defendant
By the Court:
DELTA DEVELOPMENT GROUP,
INC.,
Plaintiff
Vo
ROCK-AIRPORT OF
PITTSBURGH, L.L.C.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 02-4177 CIVIL TERM
ORDER OF COURT
AND NOW, this 27th day of October, 2003, upon
consideration of Delta's Motion for Sanctions (with Entry of
Default Ju,]gment) against Rock for Failure To Obey Discovery
Order, and following a hearing held on this date, it is
ordered an( directed as follows:
1. Attorney's fees are awarded to Plaintiff
from Defen~ ant in the amount of $4112.50, payable within 30
days of to~y's date;
i 2. Defendant shall, in properly verified
form, servelupon Plaintiff within 15 days of today's date
revised an: ~ers to Plaintiff's interrogatories deleting all
objections ~nd reservations as to the propriety or validity
of any inte~'rogatory and providing specific and complete
detail as t< all information requested;
3. Defendant shall, in properly verified
form, within 15 days of today's date, provide to Plaintiff
all document~ requested in Plaintiff's request for
production o
control, or
documents within Plaintiff's possession,
oility to acquire, and, where a requested
document ms not within such possession, control, or ability
to acquire, a specific and complete explanation thereof;
4. The Court will entertain a motion by
Plaintiff ~for the more severe sanctions requested in the
motion sub judice in the event that this order is not timely
complied ~ith in any respect; and
5. Ail other relief requested is denied.
/~ichael D. i Klein,
For the Plaintiff
id E. M~Master,
For the Defendant
Esquire
Esquire
By the Court,
J~-Wesley ~-l-~r, Jr., J.
wcy
EXHIBIT B
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc., ; Docket No. 02-4177 Civil Term
Plaintiff
Rock-Airport of Pittsburgh, L.L.C.,
Defendant
Order to Settle, Discontinue and End
TO THEPROTHONOTARY:
In the above captioned case, kindly mark both the Plaintiff's, Delta Development
Group, Inc. ("Delta" or "Plaintiff"), claim against Defendant, Rock-Airport of Pittsburgh, L.L.C.
("Rock" or "Defendant") and the Defendant's Counter-Claim against the Plaintiff, as settled,
~~n payment of your costs only.
David E. ~r, Esquire Micfiael D. Klein,-Esquire
PA Supreme Court No. 44786
Law Office of David E. McMaster
2100 Corporate Drive
Suite 350
Wexford, PA 15090
(724) 940-5442
Fax: (724) 940-5401
Attorney for Defendant,
Rock-Airport of Pittsburgh, L.L.C.
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeuf, Lamb, Greene & MacRae, L.L.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232.-8199
Fax: (717)232-8720
Attorneys for Plaintiff,
Delta Development Group, Inc.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Delta Development Group, Inc., i Docket No. 02-4177 Civil Term
Plmnt~ff
Rock-Airport of Pittsburgh L L C
Defendant
Certificate of Service
I hereby certify that I have this 12th day of November 2003, served a true and correct
copy of the foregoing document upon the following persons in the manner shown below:
Via Regular Mail (Postage Preoaid):
David E. McMaster, Esquire
Law Office of David E. McMaster
2100 Corporate Drive
Suite 350
Wexford, PA 15090
(Counsel for Defendant)
David E. McMaster, Esquire
General Counsel
Rock-Airport of Pittsburgh, L.L.C.
1000 Rockpointe Boulvevard,
Rockpointe Business Airport,
Pittsburgh, PA 15084
(Counsel for Defendant)
(Courtesy Copy)
Respectfully submitted,
Michae! D. Klein, Esquire
PA Supreme Court No. 23854
Carl R. Shultz, Esquire
PA Supreme Court No. 70328
LeBoeu£, Lamb, Greene & MacRae, L.L.P.
200 North Third Street, Suite 300
P.O. Box 12105
Harrisburg, PA 17108-2105
(717) 232-8199
Fax: (717) 232-8720
Attorneys for Plaintiff,
Delta Development Group, Inc.