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Home My WebLink About03-6565Omar Bucaram Attomey ID//90354 Bucaram & Pcdcrsen 3109 North Front St. Harrisburg, PA 17110 (717) 909-8083 KEYSTONE CONTRACTING, INC., Plaintiff :NO. V. ~ HAUBERT LAND & IMPROVEMENT CO.,: DON E. HAUBERT JR., MAURICE SCAVULLO, JR., AND LYNN DONNELLY Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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 is served by entering a written appearance, personally or by an 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 with only such further notice to you as may be required by law for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR 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 Number (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demanda expuesta en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y las notificacion. Usted debe prestar nna apariencia excrita o en persona o pot abogado y archivar en la corte en forma excrita sus defensas o sus objeciones a las demanda en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o sin notificacion y por qualqier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero or sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA PUEDE CONSEGUIR ASSISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number (717) 249-3166 Omar Bucaram Attorney ID# 90354 Bucaram & Pedersen 3109 North Front St. Harrisburg, PA 17110 (717) 909-8083 KEYSTONE CONTRACTING, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA ; Plaintiff : :NO. V. ~ HAUBERT LAND & IMPROVEMENT CO.,: DON E. HAUBERT JR., MAURICE SCAVULLO, JR., AND LYNN DONNELLY Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Keystone Contracting, Inc., by and through its attorney, Omar Bucaram, Esquire, and files this Complaint by averring as follows: Plaintiff, Keystone Contracting, Inc., is a corporation licensed to perform construction work within the Commonwealth of Pennsylvania, with a principle place of business address of 24 Frisch Dr., Duncannon, PA 17020, and regularly conducts business in Cumberland County, Pennsylvania. Defendant Haubert Land & Improvement Co., is a duly authorized Pennsylvania corporation operating a general building contractor business, with its principal office located at 2601 North Second Street, Harrisburg, PA 17110. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demanda expuesta en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y las notificacion. Usted debe prestar una apariencia excrita o en persona o por abogado y archivar en la corte en forma excrita sus defensas o sus objeciones a las demanda en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o sin notificacion y por qualqier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero or sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA PUEDE CONSEGUIR ASSISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number (717) 249-3166 10. 11. Defendant Don E. Haubert, Jr., is an adult individual with an address of 2601 North Second Street, Harrisburg, PA 171 I0. Defendant Maurice Scavullo, Jr., is an adult individual with an address of 19 Sabastian Way, Carlisle, PA 17013. Defendant Lynn Donnelly is an adult individual with an address of 19 Sabastian Way, Carlisle, PA 17013. On or about September 4, 2003, Defendants contracted with the Plaintiff to backfill and spread about 23.79 tons of stone in the garage and porch, backfill the foundation, and to backfill the front of the residence located at 19 Sabastian Way, Carlisle, PA 17013. The cost incurred by the Plaintiff for backfilling and spreading stone in the garage, backfilling the foundation, and backfilling the front of the residence located at 19 Sabastian Way, Carlisle, PA 17013, was One Thousand Three Hundred Eighty-one Dollars and Sixty-three cents ($1,381.63). The work was completed on or about September 6, 2003, and the Defendants were duly notified. Defendants Haubert Land & Improvement Co. and Don E. Haubert were issued an invoice on or about September 15, 2003. A tree and correct copy of said invoice # 6317, is attached and incorporated to this Complaint. To this date, the Defendants have not submitted payment for the work performed on the residence located at 19 Sabastian Way, Carlisle, PA 17013. COUNT I BREACH OF CONTRACT 12. Plaintiff incorporates the allegations of paragraphs 1-11 of this Complaint as if said paragraphs were fully set forth here at length. 13. Defendants and Plaintiff had a contract whereby the parties agreed that the Plaintiff would perform improvements and repairs to the property located at 19 Sabastian Way, Carlisle, PA 17013, and that for such work performed and materials extended the Defendants would justly and duly compensate the Plaintiff. 14. Defendants breached their duties and obligations under the contract due to the fact that they never compensated the Plaintiff for work performed and materials extended upon the property located at 19 Sabastian Way, Carlisle, PA 17013. WHEREFORE, Plaintiff demands judgment against the Defendants, in the sum of $3,166.11 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from September 6, 2003. COUNT II UNJUST ENRICHMENT 15. 16. 17. Plaintiff incorporates the allegations of paragraphs 1-14 of this Complaint as if said paragraphs were fully set forth here at length. Defendants knowingly received the benefit of having work performed on the residence located at 19 Sabastian Way, Carlisle, PA 17013, without ever compensating the Plaintiff for the work performed on the property. Plaintiff backfilled and spread stone in the garage of the property located at 19 Sabastian Way, Carlisle, PA 17013. 18. Plaintiff backfilled the foundation of the property located at 19 Sabastian Way, Carlisle, PA 17013. 19. Plaintiffbackfilled the front of the property located at 19 Sabastian Way, Carlisle, PA 17013. 20. Plaintiff supplied 23.79 tons of stone, which was used in the garage and porch of the property located at 19 Sabastian Way, Carlisle, PA 17013. 21. The goods, wares, merchandise, and/or services, described in this Complaint and the invoice attached to this Complaint were purchased by Defendants, and Defendants received and accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 22. At all times material hereto, Defendants were aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendants, and that Plaintiff expected to be paid for such. 23. At all times material hereto, Defendants, with aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 24. At all times material hereto, Defendants were unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 25. The Defendants were supplied with an invoice for the work performed. 26. The Plaintiff repeatedly contacted the Defendants in order to receive just compensation for the work performed on the property located at 1024 Blue Ridge Rd., Han'isburg, PA 17109 27. By reason of the aforesaid unjust enrichment of Defendants at Plaintiff's expense, an implied contract exists between Plaintiff and Defendants, and Defendants are obligated to pay Plaintiff the quantum meruit value of the goods, wares, merchandise, and/or services described in this Complaint and in the invoice attached to this Complaint, in the mount of$3,166.11. WHEREFORE, Plaintiff demands judgment against Defendants, in the sum of $3,166.11 together with the continually accruing interest charge at the statutmy rate of 6.00% per annum from September 6, 2003. COUNT III--PROMISSORY ESTOPPEL 28. Paragraphs 1-26 are incorporated herein and, by reference, made a part hereof. 29. Defendants induced Plaintiff to perform work on the property located at 19 Sabastian Way, Carlisle, PA 17013, based upon a reasonable reliance that any and all work performed on said property would be duly compensated by the Defendants. 30. Plaintiff performed the work requested by the Defendants, to the satisfaction of the Defendants. 31. Defendants to this date have yet to compensate the Plaintiff for materials extended and work performed on the property located at 19 Sabastian Way, Carlisle, PA 17013. WHEREFORE, Plaintiff demands judgment against Defendants, in the sum of $3,166.11 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from September 7, 2003. Respec~ Submitted, Attorney for Plaintiff Omar Bucaram Attorney ID# 90354 Bucaram & Pedersen 3109 North Front St. Harrisburg, PA 17110 (717) 909-8083 KEYSTONE CONTRACTING, 1NC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. HAUBERT LAND & IMPROVEMENT CO.,: DON E. HAUBERT JR., : CIVIL ACTION - LAW MAURICE SCAVULLO, JR., AND : LYNN DONNELLY : : JURY TRIAL DEMANDED Defendants : VERIFICATION I hereby vehfy that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Michael S. Frisch Vice President of Keystone Contracting, Inc. KEYSTONE CONTRACTING, INC. 24 FRISCH DR DUNCANNON, PA 17020 PH (717) 834-9900 FAX (717) 834-9900 9/15/2003 Invoice 6317 Haubert Land & Improvement Co. 2601 North 2nd Street Harrisburg, PA 17110 1 5 6 23,79 sunrise MeadOWS ~ Salmsflan Way - Scavullo Mo~ ~s; 955 09/04/03 - Cat 416 Backhoe - Backfill and Spnad Stone in Gaxage 09/04/03 - Cat 955 L0ndex - Bacldfll Front of House 09/05/03 - Cat 955 Loader - Backfill Foundation 2B Stone ~ $7.95 Per Ton - (~arag~ and Porch 85.00 60.00 85.00 85.00 7.95 85.00 300.00 297.30 510.00 189.13 Thank you for your business. TOTAL $1,381.63 $0.00 $1,381,63 193115 (6/03) Attomey ID# 90354 Bucaram & Pcdersen 3109 North Front St. Hatrisburg~ PA 17110 (717) 909-8083 KEYSTONE CONTRACTING, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff : : : NO. 03-6566 V. HAUBERT LAND & IMPROVEMENT CO.,: DON E. HAUBERT JR., MAURICE SCAVULLO, JR., AND LYNN DONNELLY Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO ISSUE A LIS PENDENS NOTICE AGAINST DEFENDANTS AND REAL PROPERTY To: The Prothonotary of Cumberland County Counsel for plaintiff instructs you to file a lis pendens against the above named defendants and the property located at 19 Sabastian Way, Carlisle, PA 17013, Cumberland County, parcel identifier//40-10-0634-106, together with its improvements and curtilage. This property is more fully described in a deed dated April 15, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book number 00256 at page 02712. Omar Bucaram, Esquire Counsel for plaintiff OB CC: Haubert Land & Improvement Co. Keystone Contracting, Inc. File Omar Bucaram A~tomey ID# 90354 Bucaram & Pedersen 3109 North Front St. Harrisburg, PA ltl l0 (717) 909-8083 KEYSTONE CONTRACTING, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff : : : NO. 03-6566 V. HAUBERT LAND & IMPROVEMENT CO.,: DON E. HAUBERT JR., ROY M. HAWKINS, AND FRANCES HAWKINS Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO ISSUE A LIS PENDENS NOTICE AGAINST DEFENDANTS AND REAL PROPERTY To: The Prothonotary of Dauphin County Counsel for plaintiff instructs you to file a lis pendens against the above named defendants and the property located at 170 Meadow Lane, Mechanicsburg, PA 17055, Cumberland County, parcel identifier #22-10-0640-101, together with its improvements and curtilage. This property is more fully described in a deed dated September 11, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book number 00259 at page 01129. ? Counsel for plaintiff OB cc: Haubert Land & Improvement Co. Keystone Contracting, Inc. File KEYSTONE CONTRACTING, INC., Plaintiff V. MAURICE SCAVULLO, JR., AND LYNN DONNELLY Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03-6565 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REMOVE AND STRIKE LIS PENDENS~ED AGAINST THE ABOVE NAMED DEFENDANT AND PROPERTY To The Prothonotary of Cumberland County Counsel for plaintiff instructs you to file a lis pendens against the above named defendants and the property located at 19 Sabastiasa Way, Carlisle, PA 17013, Cumberland County, parcel identifier//40-10-0634-106, together with its improvements and curtilage. This property is more fully described in a deed dated April 15, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book number 00256 at page 02712. By: 3109 North Front Street Harrisburg.. PA 17110 (717) 909-8083 SHERIFF'S RETURN - CASE NO: 2003-06565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE CONTRACTING INC VS HAUBERT LAND & IMPROVEMENT OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT HAUBERT LAND & IMPROVEMENT CO but was unable to locate Them deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On May 12th , 2004 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 35.25 .00 72.25 05/12/2004 THOMAS PEDERSEN Sworn and subscribed to before me this /7% day of '~ ~ A.D. ~ ' Prothonotary ! ' this office was in receipt of the R. Thomas Kline '~ Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2003-06565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE CONTRACTING INC VS HAUBERT LAND & IMPROVEMENT OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, HAUBERT JR DON E but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On May 12th , 2004 attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 THOMAS PEDERSEN Sworn and subscribed to before me this /~ day of~ A.D. ' ' Prothonota~ ' this office was in receipt of the So answ~ , /fi /~-'~ %~ T~mas Kline Sheriff of Cumberland County SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06565 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERI2tND KEYSTONE CONTRACTING INC VS HAUBERT LAIqD & IMPROVEMENT R. Thomas Kline duly sworn according to inquiry for the within named DEFENDANT SCAVULLO JR MAURICE unable to locate Him COMPLAINT & NOTICE ,Sheriff or Deputy Sheriff, who being law, says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 19 SABASTIAN WAY CARLISLE, PA 17013 NO SUCH ADDRESS IN CUMBERLAND COUNTY. HIGHEST NUMBER ON SEBASTIAN WAY IS 9. Sheriff's Costs: Docketing 6.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 24.45 , NOT FOI/ND , SCAVULLO JR MAURICE ' R. Thomas--Kline Sheriff of Cumberland County THOMAS PEDERSEN 05/12/2004 Sworn and subscribed to before me this /~ ~ day of ~ ~ A.D. PrOthonotary as to SHERIFF'S RETURN - CASE NO: 2003-06565 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND KEYSTONE CONTRACTING INC VS HAUBERT LAND & IMPROVEMENT R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT DONNELLY LYNN unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , DON-NELLY LYNN 19 SABASTIAN WAY CARLISLE, PA 17013 NO SUCH ADDRESS IN CUMBERLAND COUNTY. HIGHEST NUMBER ON SEBASTIAN WAY IS 9. NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answe R. Thomas Kline Sheriff of Cumberland County THOMAS PEDERSEN 05/12/2004 Sworn and subscribed to before me this ]$~ day of ~ / jlO~ A.D. P~o~honotary ~ in The Court of Common Pleas of Cumberland County, Pennsylvania Keystone Contracting, Inc. Haubert Lan~S~ Improvement Co. No. 2003-6565 Civil Term Now, December 23, 200,~20' . , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Affidavit of Service ,20 , ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this day of ,20. Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255~2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:January 6, 2004 COMPLAINT & NOTICE HAUBERT LAND & IMPROVEMENT CO to DON E. HAUBERT of the original : KEYSTONE CONTRACTING INC : F~UBERT DON E Sheriff's Return No. 3323-T - -2003 OTHER COUNTY NO. 03 6565 at 8:48PM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT & NOTICE and making known to him/her the contents thereof at 2601 NORTH SECOND STREET HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 7TH day of MAY, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire. Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Deputy Sheriff Sheriff's Costs:S35.25 PD 12/29/2003 RCPT NO 186197 KC