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MARTfON DEARDORFF WILLIAMS Q OTTO
MDW&o
TEN FAn Hlrll STRUT • - • .
Gwfu. PENNmvANU 17013
FDONALD HM-LEBO ENGINEERING, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. - (O40?7 1 -rents
A. GROUP and CIVIL ACTION-LAW
LIAM C. McCOY,
Defendants
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days alter 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 arc warned that if you fail to
do so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. 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:
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone (717) 240.6200
D
Date: October 20, 1999
i
By
GUotge'B. Faller, Jr.,
I.D. No. 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
WILLIAMS & OTTO
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BREHM-LEBO ENGINEERING, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 9 9 - G r/ 6 7 C.?d <..
DONALD A. GROUP and CIVIL ACTION-LAW
WILLIAM C. McCOY,
Defendants
AND NOW, comes the Plaintiff, Brehm-Lebo Engineering, Inc., by and through its attorneys,
Manson, Deardorff, Williams & Otto, and hereby avers as follows:
Plaintiff Brchm-Lebo Engineering, Inc, is a Pennsylvania corporation and is the
successor in interest to Statler-Brchm, Inc.
2. Defendant Donald Group is an adult individual residing at 102 Sunset Drive, Mt.
Holly Springs, Pennsylvania 17065.
3. Defendant William C. McCoy is an adult individual residing at 930 Sandbank Road,
Mt. Holly Springs, Pennsylvania 17065.
4. Plaintiff and its predecessor Statler-Brchm, Inc, were in the business of supplying
professional engineering, planning and surveying services.
5. The Defendants arc the owners of an approximately 64 acre sub-division located in
South Middleton Township, Cumberland County, Pennsylvania, known as Southview Estates.
6. The real property was conveyed by Pinc Road Construction Company to Donald A.
Group, William C. McCoy, Madoric McCoy Group and Joan McCoy Posey by Deed dated January
11, 1989 and recorded in Cumberland County Dccd Book T, Volume 33, Page 522.
7. Madoric Group and Joan Posey conveyed their interests to Donald A. Group by Deed
dated March 26, 1993 and recorded in Cumberland County Deed Book T, Volume 36, Page 284.
8. The Defendants retained Plaintiffs predecessor in interest, Statlcr-Brchm Engineering,
Inc., in order to perform engineering planning and surveying services necessary to effectuate the sub-
division plan and to see that the plan was properly approved and recorded.
9. In retaining the Plaintiff, the Defendants agreed to pay the Plaintiffs their regular
hourly rates for the services that were perfomied and the expenses which were incurred.
10. The final plan included thirteen different drawings and was approved by the
Township and recorded in Cumberland County Plan Book 76, Page 55 ct scq. on or about May 5,
1998.
11 As of March 31, 1998, the Defendants had an outstanding balance with the Plaintiffs
of $56,406.50 related to the Southview Estates sub-division project.
12. The 556,406,50 balance reflected approximately three unpaid invoices from
November 10, 1996 up to February 28, 1998. (A copy of the March 31, 1998 summary of
outstanding invoices is hereby attached as Exhibit "A").
13. As of March 31, 1998, Defendants had failed to pay the outstanding balance, despite
repeated demands to do so.
14. The Defendants had refused to pay the outstanding balance based on the lack of funds
due to their inability to sell an adequate number of lots in South View Estates and concerns
Defendant's had about the services which were provided.
15. On or about April 15, 1998, representatives of the Plaintiff, Doug Brehm and Wayne
Statler, met with the Defendants William McCoy and Donald Group in order to discuss the
outstanding balance and address the concerns which Defendants had about the services which were
provided.
16. In that meeting of April 15, 1998, in order to remedy Defendants' concerns about the
services which were provided, Plaintiff agreed to allow the Defendants a credit of 56,400 on their
outstanding balance.
17. In exchange for the S6,400 credit, the Defendants agreed to make an immediate
payment of 510,000 and pay the balance of approximately 540,000 in May of 1998. (A copy of the
invoice dated March 30, 1998 reflecting the balance due of S40,000 is hereby attached as Exhibit
"B"). (A copy of the S 10,000 check is hereby attached as Exhibit "C").
18. Despite repeated demand for payment, the Defendants have failed to pay the balance
of 540,000 which is due and owing.
19. Defendants have continued to refuse to make payment on the basis that they "don't
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have anything". (A copy of a fax from Don Group to Doug Brehm dated March 10, 1999, indicating
that the reason for non-payment was lack of funds, is hereby attached as Exhibit "D").
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WHEREFORE, Plaintiff's dcmandjudgmcnt against the Defendants in the amount of $40,000
plus interest at 6% from May 31, 1998 and costs of suit.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Georg alter, Jr., quire
I.D. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiffs
Date: October 20, 1999
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STATLER - BREHM ASSOCIATES, INC. 717.243.4114
26 STATE AVENUE, SUITE 102, CARLISLE, PA 17013 FAX: 717.243.3301
i
i ENGINEERS . PLANNERS . SURVEYORS
March 31, 1998
Statement
Project 1996-SM-067
MR. DONALD GROUP AND WILLIAM MCCOY
C/O MCCOY BROTHERS, INC.
P.O. BOX D
MOUNT HOLLY SPRINGS, PA 17065
Project: SOUTH VIEW ESTATES REVISED SUBDIVISION
For: SOUTH VIEW ESTATES REVISED SUBDIVISION
PLANS BASED ON TWP AGREEMENT/CITIZENS
OUTSTANDING INVOICES
No. 06494 11/30/96 35.00
No. 06541 12/31/96 35.00
No. 06577 01/31/97 70.00
No. 06716 04/30/97 35.00
No. 06874 07/31/97 2.00
No. 06494 11/30/96 420.00
No. 06541 12/31/96 210.00
No. 06776 05/31/97 245.00
?No. 06382 09/30/96 2,654.58
,/No. 06439 10/31/96 13,376.29
No. 06494 11/30/96 5,584.68
No. 06541 12/31/96 2,981,50
No. 06577 01/31/97 1,182.52
No, 06668 03/31/97 1,963.56
No. 06716 04/30/97 5,387.26
No. 06776 05/31/97 3,685.86
No. 06832 06/30/97 776.28
No. 06874 07/31/97 210.00
No. 06494 11/30/96 1,875.50
No. 06577 01/31/97 446.00
No. 06668 03/31/97 2,424.50
No. 06716 04/30/97 420.00
No. 06874 07/31/97 1,140.50
No. 06920 08/31/97 3,259.35
No. 06969 09/30/97 1,327,00
No. 07026 10/31/97 1,306.50
No. 07134 12/31/97 175.00
No. 07187 01/31/96 826.00
No. 07235 02/28/98 1,258.00
No. 07187 01/31/98 1,049.00
No. 07235 02/28/98 1,844.62
Totals 56,406.50
56,406.50
Exhibit "A"
STATLER - BREHM ASSOCIATES, INC. . 717.143.4114
26 STATE AVENUE, SUITE. 102, CARLISLE, PA 17013 FAX: 717.243.3301
ENGINEERS • PLANNERS • SURVEYORS
April 30, 1998
Statement
Project 1996-SM-067
MR. DONALD GROUP AND WILLIAM MCCOY
C/O MCCOY BROTHERS, INC.
P.O. BOX D
MOUNT HOLLY SPRINGS, PA 17085
Project! SOUTH VIEW ESTATES REVISED SUBDIVISION
For: SOUTH VIEW ESTATES REVISED SUBDIVISION
PLANS BASED ON TWP AGREEMENT/CITIZENS
OUTSTANDING INVOICES
No. 06541 12/31/96 35.00
No. 06577 01/31/97 70.00
No. 06716 04/30/97 35.00
No. 06874 07/31/97 2.00
No. 06494 11/30/96 279.37
No. 06541 12/31/96 210.00
No. 06776 05/31/97 245.00
No. 06494 11/30/96 5,584.68
No. 06541 12/31/96 2,981.50
No. 06577 01/31/97 1,182.52
No. 08868 03/31/97 1,983.56
No. 06718 04/30/97 5,387.26
No. 06776 05/31/97 3,685.86
No. 06832 06/30/97 776.28
No. 06874 07/31/97 210.00
No. 06494 11/30/96 1,875.50
No. 06577 01/31/97 446.00
No. 08888 03/31/97 2,424.50
No. 08718 04/30/97 420.00
No. 06874 07/31/97 1,140.60
No. 08920 08/31/97 3,259.35
No. 06969 09/30/97 1,327.00
No. 07026 10/31/97 1,306.50
No. 07134 12/31/97 175.00
No. 07187 01/31/98 826.00
No. 07235 02/28/98 1,258.00
No. 07187 01/31/98 1,049.00
No. 07236 02/28/98 1,844.62
Totals 40,000.00
40,000.00
Exhibit "B"
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Exhibit "C"
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03-10-99 2225 n 4072541730 DD RD R GRGI.P 19001 Date: -3- 10-9
No. of Pages (Induding Covert:
To:'? 1
Company Name:
Phone No:
Fax No: (3L( 3-33dI
From:
Company Name:
Phone No:
Fax No:_.407^n?S? - 1730
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Douglas $- Brehm wboia„Preeident of3rehm-LeboEngin=Iu&Inc.
and acknowledges that he has the authority to execute this Verification in behalf of Brehm-Lebo
En&eain$, Inc. certifies that the foregoing Complaim is based upon information which his been
gaffed by my counsel in the pTepwation of the lawsuit. The language of this Complaint is that of
counsel and not my own. I have toad the document and to the mttent that the Complaint Is based
upon information which I have given to my counsel, it is true and correct to the best of toy
knowledge, information and belie[ To the extent that the content of the Complaint is that of
counsel, I have relied upon counsel in making this Verification
This statement and Verification ate made subject to the penalties of 18 Pa. C.S. Section 4904
rclatigg to unswom fglsiBcation to authotities, which provides that if I nuke knowingly false
anm=b, I may be subject to criminal penalties.
BREHM-LEBO ENGINEERING, INC.
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- -MART{ON DLAROI)RTf 1VILLIAM3 Af OTTO y
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IINMY.IlYr M.AUyy-Al) -` ?
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R=PMM5VLVANIA 17013
BREHM-LEBO ENGINEERING, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-6407
DONALD A. GROUP and CIVIL ACTION-LAW
WILLIAM C. McCOY,
Defendants
ATTORNFYN ACCFPTANCP OF CFRVICF
I, James D. Hughes, Esquire, attorney for Defendants Donald A. Group and William C.
McCoy in the above-captioned action, hereby accept service of the Complaint in the above action
on 0644. ZI , 1999, on their behalf and certify that I am authorized to do so in accordance
with Pa. R.C.P. 402.
IRWIN, M?T & HUGHES
n Hughes, Esquire
st Pomfret Street
1s1c, PA 17013
7) 249-2353
Attorneys for Defendants
RECEIVED
NOV 0 9 1999
MDWO
CERTIFICATE OF SERVICE
I, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of
the foregoing Attorney's Acceptance of Service was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
James D. Hughes
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013-3222
Mark D. Schwartz, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013-3222
MARTSON DEARDORFF WILLIAMS & OTTO
sy. iC e, `-k.7)/LSAe ti A-)
Nichole L. Myers
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Datcd: November 16, 1999
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MARTSON OFAROORFF WILLIAMS AI OTTO - '
MDW?O
A .j1M4114N.NMLNMYAII , .. V ? '..., cARRU U. P NNSYLVANNiA 17013
BREHM-LEBO ENGINEERING, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-6407
DONALD A. GROUP and CIVIL ACTION-LAW
WILLIAM C. McCOY,
Defendants
PRAECIPE
i
TO THE CUMBERLAND COUNTY PROTHONOTARY:
Please mark the above captioned case settled and discontinued and issue a certificate
reflecting same.
MARTSON DEARDORFF WILLIAMS & OTTO
By-iq_ 4 -11
George B. Faller, Jr., Esqu'
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for the Plaintiff
Date: June 29, 2000
i
C_F,RTIFICAT . OF SERVICE
I, Jennifer L. Kelley, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praccipc was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mark D. Schwartz, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013-3222
MARTSON DEARDORFF WILLIAMS & OTTO
BY
Jennifer
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 29, 2000
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