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HomeMy WebLinkAbout09-1491Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff V. JONATHAN D. BROSIUS and ASHLEY M. BROSIUS, STEPHEN M. MERRIS and PATRICIA A. MERRIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - t?GJ/ 4;d NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 a F:TILES\Clients\12156 Madden Engineering\12156.17.con?mah Created: 1110510109:49:53 AM Revised: 03/09/09 05:03:21 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTS.ON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff V. JONATHAN D. BROSIUS and ASHLEY M. BROSIUS, STEPHEN M. MERRIS and PATRICIA A. MERRIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2009 - 11191 COMPLAINT AND NOW, comes the Plaintiff, Madden Engineering Services, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Madden Engineering Services, Inc., is a Pennsylvania corporation with a registered address at 10 Irvine Row, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, Jonathan D. Brosius and Ashley M. Brosius, are adult individuals residing at 302 Spruce Street, Steelton, Dauphin County, Pennsylvania 17113 ("Defendants Brosius' ). 3. Defendants, Stephen M. Merris and Patricia A. Merris, are adult individuals residing at 1871 Lisburn Road, Carlisle, Cumberland County, Pennsylvania 17015 ("Defendants Merris"). 4. Plaintiff is in the business of providing services, mainly engineering services, to certain businesses and individuals. 5. Defendants Merris are the owners of 1871 Lisburn Road, Carlisle, Pennsylvania (the "Property"). A copy of the deed is attached hereto as Exhibit "A". 6. Plaintiff has provided services to Defendant Brosius for and at the Property. 7. Defendants Merris benefitted from the services performed by Plaintiff. 8. Plaintiff and its agents and employees have provided services to Defendants for a total value of $3,537.50. A true and correct copy of Plaintiff's invoice is attached hereto as Exhibit "B." 9. Defendants have failed to pay for such services and, therefore, are liable to Plaintiff for the amounts owed plus interest, costs and attorney fees. 10. Despite repeated demands, no payments have been made by Defendants for amounts due nor have Defendants disputed this debt. COUNT I - BREACH OF CONTRACT 11. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 10 as if fully set forth. 12. Defendants have breached an expressed or implied agreement, directly or through agents, to pay for the services provided to Defendants from Plaintiff and/or Plaintiff's agents. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $3,537.50 plus interest at the rate of 18% per annum, attorney's fees of $1,000.00 and costs. COUNT II - QUANTUM MERUIT 13. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 12 as if fully set forth. 14. Defendants are liable to the Plaintiffand/or have been unjustly enriched in the amount of $3,537.50. 15. Defendants have received and retained the benefit of Plaintiff's services. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $3,537.50, plus interest at 18% per annum, attorney's fees in the amount of $1,000.00 and costs. MARTSON LAW OFFICES Date: J//0/07 By 0, s-, K---, Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. EXHIBIT "A" I Pr 70 Henry hort fam. Aet W 1901. ry nOhIM, Po. . i i MADE THE day of `va,, ? of our Lord one thoaaand nine hrendred eighty-one (19817 in the year BETWEEN SUZANNE DIEHL and DONALD E. DIEHL, her husband and GENEVIEVE A. DIEHL and RAYMOND E. DIEM, her husband, of South Middleton Township, Cumberland County, Pennsylvania, hereinafter called and STEPHEN M, MERRIS and PATRICIA A. MERRIS, his wife,Gofltt" s. 6 North Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter called Granters , W/TNESSETH, that in consideration of TWENTY-FIVE THOUSAND FIVE HUNDRED and in 00/100 ------------------------------------------ ($25, 500. 00 tuinei paid, the receipt whereof ie hereby acknowledged. the said grantors do hereby gran and convey to the said grantees, their heirs and assigns: y gr¢r+ ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described according to the final Subdivision Plan for Ridge Road Estates as prepared by Stephen G. Fisher, R.S., dated January 3,.1980, and recorded in the. Cumberland County Recorder of Deeds' office in Plan Book 38, Page 8, as follows, to wit: BEGINNING at a point on the dedicated right-of-way line of Lisburn ?I Road, L.R. 21013, which point is 616.35 feet, more or less, from the center line of Ridge Road, T-440, at the corner of Lot No. 12 of 11 the above-referred-to Plan; thence along the said Lot No. 12 South 12 degrees OG xrtinutes 30 seconds West 334.59 feet to a point; thence along the said Lot No. 12 South 80 degrees 55 minutes 39.seconds East 368.22 feet to a point; thence along Lot No. 7 of the above-referred- to Plan South 07 degrees 23 minutes 20 seconds West 708.73 feet to a point; thence along land now or formerly of Martin V. McCarthy S thence outh 86 degrees 58 minutes 07 seconds West 188.86 feet to a point; thence along LoteNoNorth 80 . 16 of theraboveereferred-to feet North i17?degrees 36 minutes 30 seconds East 526.66 feet to a point; thence along a private graveyard North 17 degrees 36 minutes 30 seconds East 49.50 !I feet to a point; thence along same and crossing over a sixteen foot " right-of-way North 73 degrees 08 minutes 30 seconds West 49.50 feet to a point; thence along the said Lot No. 16 North 5 degrees 2 minutes ?i 11 seconds West 171.89 feet to a point; thence along Lot No. 14 of the above-referred-to Plan North 12 degrees 6 minutes 30 seconds East 340.20 feet to a point on the dedicated right-of-way line of Lisburn '' Road, L.R. 21013; thence by the said dedicated right-of-way line o feet to a f Lisburn Road,. L.R. 21013 South 77 degrees 32 minutes East 64.80 > wide right-of-way, andeonya the same crossing to osthegriover a ght and 6havfoot ing a radius of 1940.08 feet, and are distance of 35.20 feet to a point, ` the Place of BEGINNING. BEING Lot No. 13 of the Subdivision Plan aforementioned and containing 8.183 acres. INCLUDED in said conveyance is a 16 foot right-of-way in the heirs LotJNoohn 121 onsaide Plan extending to the private sgraveyaard asushowndon saidg Plan. 50029 PA' 846 L 19 * BEING part of the premises John S. Ege, Executor of the Last will and Testament of Sadie I. Ege, by deed dated August 29, 1979, and recorded in the office aforesaid in Deed Book "P", Volume 28 „ Page 910, granted and conveyed unto Suzanne Diehl and Genevieve A. Diehl, two of the*Grantors herein. Donald E. Diehl and Raymond E. Diehl join with their spouses in the conveyance of these premises to release any possible interest therein. UNDER AND SUBJECT, however, to the following restrictions: ,- 1. Grantees herein, their heirs and assigns, shall not permit any mobile homes to be kept upon the premises conveyed herein. 2. Grantees herein, their heirs and assigns, shall complete all construction and landscaping connected therewith within one year of the commencement of any such construction. 3. Grantees herein, their heirs and assigns, shall not permit any motor vehicle(s) incapable of self propulsion to remain, temporarily or permanently, on the premises conveyed herein. 4. Prior to the commencement of any construction upon the within premises, plans for same should be submitted to Grantors, or their heirs and assigns, as owners of the remaining portion of the premises which have not-been conveyed by them as a subdivision, for review and approval. Said approval may he denied for reasons deemed by said owners to be not in keeping with the overall development scheme of the tract, including aesthetic reasons, however, said approval shall not be unreasonably withheld. Approval will not be withheld because of the erection of a solar earth home as called for in the Agreement of Sale. 5. Utilities servicing the premises conveyed herein shall be constructed and maintained underground. 6. This tract of land shall not be further subdivided by the Grantees, their heirs or assigns, except Lots 1, 7, 13 and 16, providing they meet the exceptions to the permit limitations. A mOV I.ly^ m ? n 50009 Pzce 847 r s t AND the said grantors hereby warrant ut and agree that they generally the proparty hereby conveyed. i i Cum_. Co., P a. School Qirt. C um5, Co„ t'd, / i ,}7. .for.:::a7a Trnnda Ta. ?g Rns! Eala?: Taeda Tu t4a r2-14 " - 1- p=- COMMONWEALTH OF PENNSYLVANIA C"h. G. ad. C.I. AL /It, ?b Tsi.+ C.7 t? DEPARTMENT OF REVENUE _ REALTY A TAXNSiER 1aT•1'/1 '' 2 5 5.0 0 ° Ps.11152 _ IN WITNESS WHEREOF, said gtuniors have hereunto set their hands and s,ag the day and year first above written. blunto, Apaltb alto 3thlibttt4 L ........ ?`` in the Prearnet t Diehl I ......... ieve.,uyu.Q• A. Di . ...`.. , I ?.tiLllidl_,lC {1Srt?4A(?1....... aid E. Diehl Q? nev? ..................... sa"i 1 Di ..... _ .................................................. ._.C.'... >7? .......... I Ra mond ......... E. Diehl it I hereby certify that the precise residence and complete post office address of the within Grantees is 6 Noes RL MCCNAm'"44",A0, t?asr 1981 t orney or rantees i j State of PENNSYLVANIA s County of CUMBEM-W sa. On this, the lAo7 day of 1981 , before me, } the undersigned officer, personally appeared Suzanne D ehl, Donald E. Diehl, Genevieve A. Diehl and Raymond E. Diehl hnrnvn to me (or satisfactorily proven) to be the persons whose names are subscribed to the ? within instrument, and acknowledged that they executed the some for the purposes therein contained. i IN WITNESS WHEREOF, I hereunto set m nd and ,offie so ,...... .r ..,...; ; ?7: SEA i G.... a , L .-....Q.? 46 '. t Title 80GK ,' PACE 48 slyota?s.EtmMpfM D "? wYi r' O:l 8 NOMAAV VWC d , GRttsA CI Maap RLAMD .. 3 'S . . WtdMISS10N EXPiRCt 2&~98T EXHIBIT'S" r Madden Engineering Services, Inc. 24 North Fourth Street Newport, PA 17074 Description Professional Services: through 8/29/2008 Deed Search, Adjoiners Research, Run Boundary Meeting with Zoning Officer Existing Features Exhibit Variance Exhibit Conditional Use Application Preparation I Land Surveying Services provided by True North Surveying & Mapping, LLC Invoice Date Invoice # 9/30/2008 08.153 PAST" DUE REMIT IMMEDIATELY Terms Due Date Net 15 10/15/2008 Madden Engineering Services, Inc.'s invoices are due within 15 days of the date of the invoice. If payment is not received by the due date, one past due notice will be sent on the sixteenth (16th) day. Thereafter, one final notice will be sent informing you that we are stopping all work on this project until payment is received in full. If payment is not received within thirty (30) days of the date of this statement, interest at 18% per annum will be added to any unpaid balance, along with the costs of suit and attorney's fees should the same be incurred as a result of any action by us to collect any balance past due. Total Project Merris Subdivision Amount 2,617.50 920.00 $3,537.50 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. I 4460-C, W. John ixsid-ent Madden ng Services, Inc. me cj% N Sheriffs Office of Cumberland County Sheriff Thomas Kline '60"Vo p of t? brr hs Edward L Schorpp R Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFf'ICE F TwE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jonathan D. Brosius , but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 03/12/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ashley M. Brosius , but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 03/13/2009 10:34 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2009 at 1034 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia A. Merris, by making known unto Stephen M. Merris, husband of defendant, at 1871 W. Lisburn Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/23/2009 Dauphin County Return: And now, March 17, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Jonathan M. Brosius the defendant named in the within Complaint and that I am unable to find himin the County of Dauphin anc therefore return same NOT FOUND. 03/23/2009 10:34 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2009 at 1034 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen M. Merris, by making known unto himself personally, defendant at 1871 W. Lisburn Road Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/23/2009 Dauphin County Return: And now, March 17, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Ashley M. Brosius the defendant named in the within Complaint and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. SHERIFF COST: $104.42 SO ANSWERS, March 23, 2009 iyzi NE, SHERIFF Docket No. 2009-1491 Madden Engineering Services Inc. v Jonathan M. Brosius ? 11 :F, !Icy Z MW HE f - F:\FILES\Clients\12156 Madden Engineering\] 2156.17.pra/mah Created: 11/05/01 09 49:53 AM Revised: 04/01/09 0237:20 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff V. JONATHAN D. BROSIUS and ASHLEY M. BROSIUS, STEPHEN M. MERRIS and PATRICIA A. MERRIS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 1491 PRAECIPE Please mark the above-captioned matter settled and discontinued. MARTSON LAW OFFICES S By Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 I (717) 243-3341 Date: !.? t D 9 Attorneys for Plaintiff This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Jonathan D. Brosius 302 Spruce Street Steelton, PA 17113 Mr. and Mrs. Stephen M. Merris 1871 Lisburn Road Carlisle, PA 17015 MARTSON LAW OFFICES By c/ 1 , M Price Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: -/'///o m a rt ?,?, ??' ? ? - : _ ,? '7 3 ' m ? e ? .:? ? ? -?