HomeMy WebLinkAbout04-2390IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JOHN F. WALTER EXCAVATING,
INC.
P. O. Box 175
Newv'flle, PA 17241
Plaintiff
GROUP & KRONENBERG, a.k.a.
KRONENBERG & GROUP, a
Parmership, and WILLIAM M.
KRONENBERG, DONALD A.
GROUP, DONALD A. GROUP, JR.,
and TONY D. GROUP
102 Sunset Dr
Mount Holly Springs, Pa 17065
Defendants
FILE NO.: ~,gy~- .~,7~,O
CIVIL ACTION - LAW
PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS
TO THE PROTHONOTARY:
IGndly issue a Writ of Summons in the above-captioned action.
Respectfully submitted,
ABOM & KUTULAKlS, LLP
DATE
Nfichael T. Traxler, Esquire /
36 S. Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
ID No. 90961
Commonwealth of Pennsylvania
County of Cumberland
JC~N F. WALTER EXCAVATING, INC.
P.O. BOX 175
NEWVILLE, PA 17241
Court of Conmuou Pleas
04-2390 Civil Term
No ...................................... 19 ....
Civil Action - Law
GROUP & KRONENBERG, a.k.a
KRONENBERG & GROUP, a
Partnership, and WILLIAM M.
~ERG, DONALD A.
GROUP, DONALD A. GROUP, JR.,
and TONY D. GROUP
102 Sunset Dr.
Mount Holly Springs, PA 17065
Group & Kronenberg, a.k.a Kronenberg & Group, a Partnership, and William M.
To --k~fi~h~--~h~T~-~-.--~%-~-~l-d[ a. Group, Jr., and Tony D. Group
You are hereby notified that
John F. Walter Excavatin9, Inc.
the Plaintiff has commenced an acfon in .... ~_i~i-l__b_~t_i_o__n__-___I~__w_ ..............................
against you which you ar~ required to defend or a default judgment may be entered against you.
(SEAL)
Date_ _ _. ~Mg- Y- .2-6- z_ _2-0.0- _4 ............ 19 ....
Prothonotary
Deputy ' --~
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02390 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALTER JOHN F EXCAVATING INC
VS
GROUP & KRONENBERG ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
GROUP TONY D
DEFENDANT , at 1518:00 HOURS,
at 102 SUNSET DRIVE
MOUNT HOLLY SPRINGS, PA 17065
DONALD GROUP
a true and attested copy of WRIT OF SUMMONS
the
on the 7th day of June 2004
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~ ~ day of
/P~othonotary
So Answers:
R. Thomas Kline
06/08/2004
ABOM & KUTULAKIS
By:
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02390 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALTER JOHN F EXCAVATING INC
VS
GROUP & KRONENBERG ET AL
KENNETH GROUP
Cumberland County,Pennsylvania,
says, the within WRIT OF SUMMONS
GROUP DONALD A JR
DEFENDANT , at 1518:00 HOURS,
at 102 SUNSET DRIVE
MOUNT HOLLY SPRINGS, PA 17065
DONALD GROUP
a true and attested copy of WRIT OF SUMMONS
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 7th day of June , 2004
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Service .00
Affidavit .00 ' ·
Surcharge 10.00 R. Thomas Kline
.00
16.00 06/08/2004
ABOM & KUTULAKIS
Sworn and Subscribed to before
me this /~ day of
/Prothonotary r
SHERIFF'S RETURN -
CASE NO: 2004-02390 P
COMMONWEALTH OF PENNSYLVkNIA:
COUNTY OF CUMBERLAND
WALTER JOHN F EXCAVATING INC
VS
GROUP & KRONENBERG ET AL
REGULAR
KENNETH GOSSERT ,
Cumberland County, Pennsylvania,
says, the within WRIT OF SUMMONS
GROUP DONALD A
DEFENDANT at 1518:00 HOURS, on the
at 102 SUNSET DRIVE
MOUNT HOLLY SPRINGS, PA 17065
DONALD GROUP
a true and attested copy of WRIT OF SUMMONS
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
7th day of June
the
, 2004
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~,~ day of
- ,-2Z~ ~ A.D.
4~r(Dt honor ary ~ ~
So Answers:
R. Thomas Kline
06/08/2004
ABOM & KUTULAKIS
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02390 P
COMMONWEALTH OF PENNSYLVANIA:
COLrNTY OF CUMBERLAND
WALTER JOHN F EXCAVATING INC
VS
GROUP & KRONENBERG ET AL
KENNETH GOSSERT ,
Cumberland County, Pennsylvania,
says, the within WRIT OF SUMMONS was served upon
KRONENBERG WILLIAM M
DEFENDANT , at 1518:00 HOURS, on the 7th day of June
at 102 SUNSET DRIVE
MOUNT HOLLY SPRINGS, PA 17065 by handing to
DONALD GROUP, ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
, 2004
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10o00
.00
16.00
Sworn and Subscribed to before
me this /~, ~ day of
~ ~7~y A.D.
honotary '
So Answers:
R. Thomas Kline
o6/o8/2oo4
ABOM & KUTULAKIS
By: ~p~ff
SHERIFF'S RETURN -
CASE NO: 2004-02390 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALTER JOHN F EXCAVATING INC
VS
GROUP & KRONENBERG ET AL
REGULAR
KENNETH GOSSERT
Cumberland County, Pennsylvania,
says, the within WRIT OF SUMMONS was served upon
GROUP & KRONENBERG A/K/A KRONENBERG & GROUP
DEFENDANT , at 1518:00 HOURS, on the 7th day of June
at 102 SUNSET DRIVE
MOUNT HOLLY SPRINGS, PA 17065 by handing to
DONALD GROUP
a true and attested copy of WRIT OF SUMMONS
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
, 2004
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this /~ ~ day of
f ~ A.D.
P~r~t honot ary ' ~
So Answers:
R. Thomas Kline
o6/o8/2oo4
ABOM & KUTULAKIS
By:
To~
Date:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN WALTER EXCAVATING, INC. Plaintiff,
GROUP & KRONENBERG, a/k/a
KRONENBERG & GROUP,
a Partnership, and WILLIAM M.
KRONENBERG, DONALD A. GROUP,
DONALD A. GROUP, JR., and
TONY D. GROUP,
Defendants
No. 04 - 2390 Civil Term
Civil Action - Law
P~RAECIPE FOR RULE TO FILE COMPLAINT
To the Prothonotary:
Please enter a Rule upon the Plaintiffto file a Complaint within twenty (20) days hereof or
suffer the entry of a Judgment of Non Pros.
T, P.C.
/~Chae~. Hanft, Esquir~--~
t._ Atmrneyal. D. No. 57:976
James I. Nelson, Esquire
Attorney I.D. No. 911144
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013 -9142
(717) 249-5373
Attorneys for Defendants
Curtis R. Long, Prothonotary
July 23, 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN WALTER EXCAVATING, INC. : Plaintiff, :
GROUP & KRONENBERG, a/k/a
KRONENBERG & GROUP,
a Partnership, and WILLIAM M.
KRONENBERG, DONALD A. GROUP,
DONALD A. GROUP, JR., and
TONY D. GROUP,
Defendants
No. 04 - 12390 Civil Term
Civil Action - Law
RULE TO FILE COMPLAINT
AND NOW, this t~_ ~ay offS/_, 2004, a Rule is hereby entered upon the
Plaintiff to file a Complaint within twenty (20) days after service hereof or suffer the entry of a
Judgment of Non Pros.
IN THE COURT OF COMMON PLEAS
CLrMBERL.~dh, D COUNTY, PENNSYLVANIA
CIVIL DIVISION
JOHN F. WALTER EXCAVATING,
INC.
P. O. Box 175
Newville, PA 17241
Plaintiff
GROUP & KRONENBERG, a~k.a.
KRONENBERG & GROUP, a
Partnership, and WILLIAMM.
KRONENBERG, DONALD A.
GROUP, DONALD A. GROUP, JR.,
and TONY D. GROUP
102 Sunset Dr
Mount Holly Springs, Pa 17065
Defendants
: No.: 04-2390 Civil Term
:
: CIVIL ACTION - LAW
:
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NOTICE TO DEFEND
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 pen~onaily or by an attorney and
filing in writing with the court your defenses or objections ilo 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 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 FOR BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
1-800-990-9180 or
(717) 249-3166
IN THE COURT OF COMMON PLEAS
CUMBERIAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JOHN F. WALTER EXCAVATING,
1NC.
P. O. Box 175
Newville, PA 17241
Plaintiff
GROUP & KRONENBERG,
KRONENBERG & GROUP, a
Parmership, and WILLIAMM.
KRONENBERG, DONALD A.
GROUP, DONALD A. GROUP, JR.,
and TONY D. GROUP
102 Sunset Dr
Mount Holly Springs, Pa 17065
Defendants
No.: 04-2390 Civil Term
CIVIL ACTION - LAW
COMPLAINT
AND NOW, this 12th day of August 2004, ca~mes John F. Walter
Excavating, Inc., by and through its attorneys, Aborn and Kutulakis, L.L.P., and files this
Complaint as follows:
1. Plaintiff is John F. Walter Excavating, Inc., a corpo.ration organized and duly
registered to do business under the laws of the Commonwealth of Pennsylvania with its
principal place of business located in Cumberland County, Newville, Pennsylvania.
2. Defendants are individuals and comprise a partnership known as Group &
Kronenberg with a principal place of business located in Cumberland County at 102 Sunset
Drive, Mount Holly Springs, Pennsylvania.
3. This civil action was initiated by Writ of Summons filed by Plaintiff on May 26,
2004 and served upon defendants by the Cumberland County Sheriffs' Department on June
7, 2004.
CLAIM I: BRE~CH OF CONffRACT
4. On or about August 24, 1998, Plaintiff entered into an oral contract with
Defendant to complete certain excavation work in the Lisbum Meadows subdivision located
in Monroe Township, Cumberland County, Pennsylvania (Lisburn Meadows Project).
5. Plaintiff continued to do work on the Lisbum Meadows Project through August
of 2002 due to Defendants' request for the completion of work outside the original
agreement.
6. All work that was completed by Plaintiff was accepted by Monroe Township.
See, Monroe Township Resolution Accepting Meadow Lane as Located in Lisbum Meadows
Estates, attached as "Exhibit A".
7. The total amount invoiced on this project by Plafi~tiff to Defendant totaled
$569,872.46. See, Plaintiff's invoice and payment statement attached as "Exhibit B".
8. As of March of 2003, Defendant had paid $554,797.11 of the total amount
invoiced. See, "Exhibit B".
9. A balance of $15,075.35 remains to be paid to Pl,~[ntiff by Defendant for the
work that was completed and accepted for the Lisbum Meadows Project. See, "Exhibit B~.
10. Plaintiff has repeatedly demanded payment of the amount due, but Defendant
has wholly neglected and refused to pay the same or any part thereof.
WHEREFORE, the Plaintiff respectfully demands judgment against the Defendant
in the amount of $15,075.35, plus interest, costs and attom6ys fees as provided in Title 73
P.S. $ 512 of the Contractor and Subcontractor Payment Act.
Respectfully :mbmitted,
ABOM & K<~JLAmS, LLP
Michael T. Traxler, Esquire
36 S. Hanover Street
Carlisle, PA 1;7013
(717) 249-0900
Attorney for Plaintiff
ID No. 90961
Exhibit A
2003 - 3
wHEREAs, Monroe Township has been requested by Group &
Kronenberg, also know~ as Kronenberg & Group, a Pennsylvania
General Partnership, consisting of WilliamM. Kronenberg, Donald
A. ~roup, Donald A. Group, Jr. and Tony D. 6Stoup. to accept the
~ed~cation, as a p~b!ic'road' of Meadow L ,, r
an Lisburn Meadows Est~=~ - ~,~-~ -~ an~.. Same being located
.... · ,u~n ~nase I and'Lisburn Meadows
Estates - South, said'subdivision plans respectively being
recorded in the Cumberland County Recorder of Deeds Office in
Plan Book 77, Page 37 and Plan Book 7S, Page 128; and
W~ZREAS, said'road and appurtenant str~otures and municipal
improvements have been completed in accordance with the applica-
ble standards of Monroe Township; and
WHEREAS, two (2} Deeds of Dedication describing Meadow Lane
have been prepared, executed and recorded, said two (2) Deeds of
Dedication being dated February 3, 2003 and recorded,
respectively, in the Cumberland County Recorder of Deeds Office
in Deed Book , Page , and Deed Book
, Page ,
copies 'of which are attached hereto, ~arked Exhibit ,,A* and
and incorporated herein; and
WHEREAS, Monroe Township is willing to accept the offer of
dedication of a portion of Meadow Lane as so described herein.
NOW, THEREFORE, be it resolved by the Board of Supervisors
of Monroe Township, Cumberland County, Pennsylvania, as follows:
1. Monroe Township accepts Meadow Lane, being described in
the two (2) Deeds of' Dedication which are attached hereto, marked
F~xhibit "A~ and "B" '
· and ~ncorporated herein, as a public road in
'~onroe Townshi~..
2. The Secretary of Monroe To~ship is directed ~o record
or cause to be recorded a true and Correct copy of this
t/on in the Cumberland County Court of Quarter Sessions, Clerk of
Courts Office. . ·
RESOLVED T~IS 27th"day Of March, 2003,,
MO~rROE TOWNSHIP
BOARD OF SUPERVISORS
Samuel M. Simmon~,'iIi,
Chairman
A. W. Castle, III, ' -
Vi ce- Chairman
Kev~n R. Mille~, Member -
2
I, the undersigned, Secretary of the Township of
;Monroe, Cumberland County, Pennsylvania (the -Township#), Certify
that: the foregoing is a true and correct cody of a Resolution
of the Board of Supervisors of the To%~shiD (the ,Board#), which
duly was enacted.by, affirmative vote of a majority of the members
of the Board at a meeting held on March 27, 2003; said Resolution
duly has been recorded in the Resolution Book of the Township;
said Resolution duly has been published as required by law; and
said Resolution remains in effect, unaltered and una/~ended, as of
the date of this'Certificate.
IN WITNESS WHEP, EOF' I set my hand and affix the offi-
cial seal of the Township, this 27th day of RIarch 27, 2003.
Exhibit B
DATE
11/08/1997
38/21/1998
05/30/1998
06/13/1998
06/13/1998
06/20/1998
07/04/1998
08/08/1998
39/28/1998
11/28/1998
12/31/1998
03/31/1999
04/17/1999
05/15/1999
06/19/1999
39/09/2000
09/09/2000
09/09/2000
09/09/2000
09/09/2000
09/23/2000
10/21/2000
11/11/2000
08~24/2002
Lisburn Meadows
BILLINGS
PAVING $
PAVING $ 40,350.00
ELECTRIC LINE $ 6,329.73
SILT POND WORK $ 3,961.50
ELECTRIC LINE WORK $ 472.00
SILT POND WORK $
SILT POND WORK $
STREET WORK $ 1,830.00
CONTRACT $ 57,537.90
CONTRACT $ 37,918.40
CONTRACT $ 88,547.80
CONTRACT $ 18,267.60
ELECTRIC CONDUIT $ 407.00
CONTRACT $ 20,183.10
CONTRACT $ 213,690.62
CONTRACT $ 53,854.58
PAVING EXTRAS $ 2,904.78
PREPARE DRIVEWAYS $ 1,300.00
STRIP TOPSOI!_A, VE E DS $ 380.0,
STORM SEWER WORK $ 602.0~
STRIP TOPSOIL/PUSH FILL $ 855.00
SITE CUT & FiLL $ 756.00
PUSH OFF FILL $ 168.00
REPLACE GRATES/CATCH BASIN $ 5,073.95
GRADE SWALES
DATE CHECK# AMOUNT
Apr-98 1073 $ 10,000.00
Nov-98 1107 $ 100,000.00
Dec-98 1122 $ 52,882.03
Mar-99 1140 $ 88,547.80
May-99 1158 $ 18,267.60
~.ug-99 1180 $ 20,183.10
Oct-99 1198 $ 175,000.00
Nov-99 1211 $ 10,000.00
Dec-00 1280 $ 34,916.58
May-01 1301 $10,000.00
Nov-02 1370 $20,000.00
03-Mar 1387 $ 15,000.00
$ 554,797.11
TOTAL BILLED $ 569,872.46
TOTAL PAID $ 554,797.11
BALANCE DUE $ t5,075.35
TOTAL BILLED AS OF 08/24/02 $ 569,872.46
CERTIFICATE OF SERVIC~E
AND NOW, this 12th day of August 2004, I, Michael T. Traxler, hereby certify
that I did serve a true and correct copy of the foregoing NOTICE TO
COMPLAINT upon the Defendants and Defendants' Counsel by first class mail at the
following location: DEFEND AND
Group & Kronenberg
102 Sunset Drive
Mount Holly Springs, PA 17065
Hanf~ & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle PA 17013
Attorneys for Defendants
ABOM & KUTULAKIS, L.L.P.
Attorney for Defendant
el T. Traxler ---=--/ }
JOHN F. WALTER EXCAVATING, INC.
Plaintiff
GROUP & KRONENBERG, a.k.a.
KRONENBERG & GROUP, a Partnership, and
WILLIAM M. KRONENBERG, DONALD A.
GROUP, DONALD A. GROUP, JR., and
TONY D. GROUP
Defendants
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 04-2390 Civil Term
CML ACTION - LAW
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please enter Plaintiff's voluntary discontinuance of the within action pursuant to
Pennsylvania Rule of Civil Procedure 229. The above captioned matter is being
discontinued by Plaintiff with prejudice.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Date:
Michael T. Traxler, Esquire
36 South Hanover Street
Carlisle, PA 17013
(717) 249-o9oo
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Emily J. Filiberti, hereby certify that I did serve a copy of the within
Praecipe to Discontinue upon the Defendant, by mailing or causing to be
mailed a copy of said Praecipe by First Class Mail addressed as follows:
Gteg Knight, Esquixe
Hanft & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
ABOM & KUTUL4~S, L L P
Carlisle, PA 17013
(717) 24%0900