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Home My WebLink About11-3680 Zr! ! APR 15 4M !0: CUMBERLAND cojt4 p, FISCHBACH MORGAN & ASSOCIATES, LLC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LUCY KARANJA, Defendant NOTICE TO DEFENDANT NAMED HEREIN: CIVIL ACTION - LAW NO. 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 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 A6?1'10 ?5-9-663 FISCHBACH MORGAN & ASSOCIATES, LLC., Plaintiff VS. LUCY KARANJA, Defendant COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Complaint in this matter: The Plaintiff is Fischbach Morgan & Associates, a limited liability company with its offices at 1 Kacey Court, Suite 201, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff is, and at all times relevant to this action, has been engaged in civil engineering and land development engineering. 2. The Defendant is Lucy Karanja, an adult individual who resides, to Plaintiff's knowledge, at 2251 Ionoff Road, Harrisburg, Dauphin County, Pennsylvania 17110. 3. At all times relevant to this action, Defendant owned real estate situate in Londonderry Township, Dauphin County, Pennsylvania. 4. Plaintiff wished to subdivide and develop the property she owned in Londonderry Township and, in 2006, engage Plaintiff to do the engineering and related work necessary to obtain the municipal approvals for that development. At that time, Defendant agreed to pay Plaintiff its normal rate for the services Plaintiff would provide for that project. 5. Plaintiff well and truly performed its obligations under the agreement between the parties and prepared and obtained preliminary and final approval of the subdivision plan for Defendant's benefit. 6. In 2008, Defendant ceased making payments to Plaintiff for the work Plaintiff did on the project. A dispute arose between the parties as a result of which they entered into an agreement, dated 5 November 2008, which spelled out the obligations of each party to complete the final subdivision approval process. A copy of that agreement is attached hereto and marked as EXHIBIT A. 7. Plaintiff well and truly performed its obligations under the agreement of 5 November 2008. Plaintiff was not able to obtain the final approval of the plan but could not obtain municipal signatures/seals necessary to record documents because Plaintiff failed to make payment to the municipality of charges which Plaintiff had agreed to pay for the municipality's review of the plan and posting of the improvement bond. 8. Plaintiff was prevented from completing its work on the project by Defendant's failure to make payment of the fees to the municipality as outlined above. By failing to make those payments, Defendant breached the agreement between the parties. 9. Defendant's breach of the agreement of 5 November 2008 obligates Defendant to pay Plaintiff the sums now due Plaintiff for its services to Defendant, under that agreement and otherwise. 10. Plaintiff is entitled to payment, at the present time, of $9,506.25 for the work it did for Defendant, and at Defendant's instruction and demand and, for which Defendant has not yet paid Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $9,506.25, plus interest from 1 June 2010 until the date of final payment. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). FISCHBACH MORGAN & ASSOCIATES, LLC. Date: NI.4, e,* 294 20// t; ?.,4 /-.-s - e, -, " DAVID B. MORG , R.L.A., Principal EXHIBIT A NOV-17-2008 08:56 LAW OFFICE OF GREG REED 7172388469 NW--03-2x09 1024 24 IM 0"M OF ONIS RMM 7172390489 TM AGMMW is merle dais 42: nay ?? ? erZ0p8 MW is by md, bstwm.- LUCY KM"JA ad LUCCMNTtmK LLC, het h after rdwW to as "Owners"; mid PISCMCH MORGAN do A1;SOCL,TS, LLr, of 1 K;cey Coart, Smite ZO 1, Mechaw"bn& Pennsylvania, hereinafter rated to us "Ac+osioesl." MOW' FQRX in acumcmdoa of t0 mmal covcnanb haeine w ut firth and iistandinp to be legally bomnd hereby, the parties covaraat, Y meise, and ova u follows: i - FBI, PLAN &=XdZ. Prokssional shad obhin " Final Pian Approval" Got the snbdividon I teal odd* located at "% But Hanisbw s Pike, Harrisburg, Londonderry Towni* Daupfu Cm*. P=syivuiL to tho event that any flmaofsl conditions we attached, by the Municipality. to its &*I plan eppro"l, such to postigg rt bond far propceed improvements or point any omWudW& ftes. it will be Ot r PmA bdity of Owners and, why or not than additional financial conditions are met by Owrm, the plea win be domed APProved and FmAm shall be iuued to Pwhniottal. Howevu, in the event other conditions we Attaohed by the Munietpnlity to its approval of the plan P.02 P.02 NOV-17-2008 08:57 LAW OFFICE OF GREG REED 7172388469 P.03 NOV-05.2008 14124 UW 0RPtG5 OF 020 28130 9172398469 P.03 eoquicing addidow awineering or silo worlt,?Profeulonat Sul comph" he work, at no 4"Honsl ?• abarge, bt;fm t'ecelving final payw,ertt ttom Owl, 2. PAJIMM. Owner dWi pay Pro&asionah (a) S3,000.00 upon eaeeutian of this A 4 (b) $5,000.00 upon approval by Londondwy TownWp Of the preliuMrply; and (a) A final ofS9l4ZZ.86 upon "Final Plan Arptoval" dafincd h=4 3. ?rLlyd$$'c. Y1pan 1~ittr<I Plum A PPmyaI. u dc8oad hcrhk Owners diachup Profnssionai ftm any Murtha mpomlbillty with relation to du plea for Owners' properly in Lwmdondwry Townabip, and do heaeby release, waive, damages. fees arxl/or costs le1inq dsIw4pbi t PMkIlaml and ita a$mnta, employeoa, ad m mscrata d vwsa arising out of the dealgn, developmM or approval of said pl PM&UlOUL upon receipt of all PYymants set 1bdh in paraSraA Z bier & doom hereby reel aae Owpaes bom any Author reapoWbility with mpr+d to said Pl and do kT* mknt, waive, ad ralin MM Owners, their s , mqllqra? and repeerenhttive8, from any and all claims, damages, toes &n&or costa arising out of tic duhn devebp morit, or app r ml of said pia. Site work shall not Include the construction of any of the Improvements calie plans and will only consist of those engineering and design related activities to get the plans approved by Londonderry Township. 2 NOV-17-2008 08:57 IMn'05'2m@ 14:84 LAW OFFICE OF GREG REED LAW OFFICE OF OM RM 7172388469 P.04 zo -....., 71789e6469 P.04 IN WIMUS W OF the Pones hum have set their hands and Sftk the day and yRar Brsr above *ritten. 0; ro?- 0 41, l ueaiventuxes, LLC TOTAL P.04 W?Mly FILED-OFFICE OF THE PROTHONOTARY 2011 JUN 28 AM 11: 36 CUMBERLAND COUNTY PENNSYLVANIA FISCHBACH MORGAN & ) ASSOCIATES, LLC., ) Plaintiff ) vs. LUCY KARANJA, Defendant PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above matter. 20 June 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-3680 CIVIL TERM Samuel L. Ames - " - Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 ?'# I;_ ?//a2 David -D. Bueli Prothonotary Office of the cFrothonotary Cum6erfancf County, Pennsylvania rkS. Sofionage, ESQ Solicitor /1--3Leo CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 Cartis(.e, TA 0 (Phone 717 240-6195 0 Fa.x 717 240-6573