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Home My WebLink About03-6566Omar Bucaram Attorney ID# 90354 Bucaram & Pedersen 3109 North Front St. Harrisburg, PA 171 I0 (717) 909-8083 KEYSTONE CONTRACTING, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : HAUBERT LAND & IMPROVEMENT CO.,: DON E. HAUBERT JR., ROY M. HAWKINS, AND FRANCES HAWKINS Defendants 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 defcnderse 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 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., ROY M. HAWKINS, AND FRANCES HAWKINS 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 flies this Complaint by averring as follows: 1. 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. 2. ' 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. o 10. 11. Defendant Don E. Haubert, Jr., is an adult individual with an address of 2601 North Second Street, Harrisburg, PA 17110. Defendant Roy M. Hawkins is an adult individual with an address of 170 Meadow Lane, Mechanicsburg, PA 17055. Defendant Frances Hawkins is an adult individual with an address of 170 Meadow Lane, Mechanicsburg, PA 17055. On or about August 24, 2003, Defendants contracted with the Plaintiff to haul various loads of fill, excavate and set gas tanks, excavate gas and electrical trenches, spread topsoil around the property and perform other miscellaneous tasks on the residence located at 170 Meadow Lane, Mechanicsburg, PA 17055. The cost incurred by the Plaintiff for hauling various loads of fill, excavating and setting gas tanks, excavating gas and electrical trenches for driveway lights, spreading topsoil around the property and performing other miscellaneous tasks on the residence located at 170 Meadow Lane, Mechanicsburg, PA 17055, was Three Thousand Seventy-three dollars and Seventy-three cents ($3,073.75). The work was completed on or about September 8, 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 true and correct copy of said invoice # 6316, 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 170 Meadow Lane, Mechanicsburg, PA 17055. COUNTI--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 170 Meadow Lane, Mechanicsburg, PA 17055, 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 all work and materials performed and extended upon the property located at 170 Meadow Lane, Carlisle, PA 17013. WHEREFORE, Plaintiff demands judgment against the Defendants, in the sum of $5,195.87 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from August 24, 2004. COUNT II--UNJUST ENRICHMENT 15. 16. 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 170 Meadow Lane, Carlisle, PA 17013, without ever compensating the Plaintiff for the work performed on the property. 17. 18. 19. 20. 21. 22. 23. 24. 25. On August 24, 2003, Plaintiff hauled four (4) loads of fill for the property located at 170 Meadow Lane, Carlisle, PA 17013. On August 28, 2003, Plaintiffhauled four (4) loads of fill for the property located at 170 Meadow Lane, Carlisle, PA 17013. On August 28, 2003, Plaintiff excavated and set gas tanks for the property located at 170 Meadow Lane, Carlisle, PA 17013. On August 28, 2003, Plaintiff hauled five (5) loads of fill for the property located at 170 Meadow Lane, Carlisle, PA 17013. On September 1, 2003, Plaintiff spread topsoil around the property located at 170 Meadow Lane, Carlisle, PA 17013. On September 8, 2003, Plaintiff spread topsoil around the property located at 170 Meadow Lane, Carlisle, PA 17013. 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. At all times material hereto, Defendants were aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendants, and that Plaintiffexpected to be paid for such. 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. 26. 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. 27. The Defendants were supplied with an invoice for the work performed. 28. The Plaintiff repeatedly contacted the Defendants in order to receive just compensation for the work performed on the property located at 170 Meadow Lane, Carlisle, PA 17013. 29. 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 memit value of the goods, wares, merchandise, and/or services described in this Complaint. WHEREFORE, Plaintiffdemands judgment against Defendants, in the sum of $5,195.87 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from August 24, 2004. COUNT III--PROMISSORY ESTOPPEL 30. 31. 32. Paragraphs 1-29 are incorporated herein and, by reference, made a part hereof. Defendants induced Plaintiff to perform work on the property located at 170 Meadow Lane, Carlisle, PA 17013, based upon a reasonable reliance that any and all work performed on said property would be duly compensated by the Defendants. Plaintiff performed the work requested by the Defendants to the satisfaction of the Defendants. 33. Defendants to this date have yet to compensate the Plaintiff for materials extended and work performed on the property located at 170 Meadow Lane, Carlisle, PA 17013. WHEREFORE, Plaintiff demands judgment against Defendants, in the sum of $5,195.87 together with the continually accruing interest charge at the statutopy rate of 6.00% per annum from August 24, 2004. Respectfully Submitted, BY: ~~Buc~~ Attorney for Plaintiff Omar Buckram Attorney ID# 90354 Bucaram & Pedersen 3109 North Front St. Harrisburg, PA 17110 (717) 909-8083 KEYSTONE CONTRACTING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. HAUBERT LAND & IMPROVEMENT CO.,: DON E. HAUBERT JR., : CIVIL ACTION - LAW ROY M. HAWKINS, AND FRANCES HAWKINS Defendants JURY TRIAL DEMANDED VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Michael S. Frisch Vice President of Keystone Contracting, Inc. KEYSTONE CONTRACTING, INC. 24 FRISCH DR OUNCANNON, PA 17'020 PH (717) 834-9900 FAX (717) 834-9900 9/I 5/2003 Invoice 6316 Haubert Land & Improvemcmt Co. 2601 North 2nd Street HanSsburg, PA 17110 6 4 6 4 4.75 2 8.5 5 7 3.25 5 Lis~oum Me~Ows ~ - Mac~ Dnn~ IYack - Haul 4 Loads of Fill Fill ~ - Maak r~ Truck - Hani 4 Loads of ill! Fill 08F2$/03- Cat 416 Bac. ktt~ md EI~ T~ - ~ve~ , M~k Damp 09/01/03 ~ Cat 955 L~dd-tfpsoil 55.00 15.00 55.00 15.00 60.00 15.00 85.00 85.00 85.00 33~00 60.00 330.00 60.00 285.00 170.00 467.50 75.00 595.00 276.25 425,00 $3,073.75 $0.00 TOTAL $3,073.75 931 ~ 5 (6/03) SHERIFF'S RETURN - CASE NO: 2003-06566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE CONTRACTING INC VS HAUBERT LAND & IMPROVEMENT REGULAR BRIAN BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE HAWKINS ROY M DEFENDANT , at 1630:00 HOURS, at 170 MEADOW LANE MECHANICSBURG, PA 17055 FRANCES HAWKINS, WIFE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 29th day of December , 2003 by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 ~ j.~/~ Service 4.83 ~/~____ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 20.83 Oz/og/200A ~ THOMAS PEDERSEN Deputy Sheriff Sworn and Subscribed to before me this /~ day of oC~b'~ ¥ A.D. SHERIFF'S RETURN - CASE NO: 2003-06566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE CONTRACTING INC VS HAUBERT LAND & IMPROVEMENT REGULAR BRIAN BARRICK Cumberland County, Pennsylvania, says, the within COMPIJ~INT & NOTICE HAWKINS FPJuNCES DEFENDANT , at 1630:00 HOURS, at 170 MEADOW L~LNE MECHANICSBURG, PA 17055 FRANCES HAWKINS a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, the was served upon on the 29th day of December , 2003 by handing to together with & NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docket ing 6.00 / ..~/~ Service . O0 .... .~i,:~/· Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 16.oo ol/o /2oO y: THOMAS PEDERSEN Sworn and Subscribed to before ~j~ me this /gQ day of Deputy Sheriff ~2~9~ A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06566 P COMMONWEALTH OF PENNSYLVA/qIA: COUNTY OF CUMBERIJIND KEYSTONE CONTRACTING INC VS HAUBERT LAND & IMPROVEMENT R. Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT HAUBERT LA_ND & IMPROVEMENT CO but was unable to locate Them in his deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: bailiwick. He therefore County, Pennsylvania, to On January 9th , 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 01/09/2004 THOMAS PEDERSEN Sworn and subscribed to before me this /~ day of~.~ ~ A.D. onotary~ this office was in receipt of the So answers: R. Thomas Kline Sheriff of Cumberland County SHERIFFIS RETURN - CASE NO: 2003-06566 P COMMONWEALTH OF PENNSYLVDJqIA: COUNTY OF CUMBERLAND KEYSTONE CONTRACTING INC VS HAUBERT LAND & IMPROVEMENT OUT OF COUNTY R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HAUBERT JR DON E but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On January 9th , 2004 attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 01/09/2004 THOMAS PEDERSEN Sworn and subscribed to before me this /~ day of~/g~7 ~2~77 ~ A.D. rethenotaty/ this office was in receipt of the R. Thomas Kline Sheriff of Cumberland County 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 ~q'OW~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the orig/nal So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20__ Sheriffof 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 7, 2004 COMPLAINT & NOTICE HAUBERT LAND & IMPROVEMENT CO to DON HAUBERT (RES) of the original : KEYSTONE CONTRACTING INC vs : HAUBERT DON E Sheriff's Return No. 3323-T - -2003 OTHER COUNTY NO. 03 6565 at 8:48PMserved 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 JANUARY, 2004 [) ~ PROTHONOTARY So Answers, ltl Deputy Sher±ff Pa. Sheriff's Costs: $35.25 PD 12/29/2003 RCPT NO 186197 K COOK In The Court of Common Pleas of Cumberland County, Pennsylvania Keystone Contracting, Inc. Don E.V~'aubert Jr. 2003-6565 Civil Term ]Wow, Dec., 23 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumb~r[~d ,20 03, I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this ~OW~ 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 Sheriffof County, PA COSTS SERVICE MILEAGE AFFIDAVIT 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 : : HAUBERT DON Sheriff's Return No. 3323-T - OTHER COUNTY NO. AND NOW:January 7, 2004 COMPLAINT & NOTICE I~AUBERT DON E to DON HAUBERT (RES) of the origiD~l KEYSTONE CONTRACTING INC vs -2003 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 JANUARY, 2004 -t - v- PROTHONOTARY So Answers, · t ~eputy Sheriff Sheriff's Costs: $35.25 PD 12/29/2003 RCPT NO 186197 K COOK KEYSTONE CONTRACTING, INC., Plaintiff V. ROY M. HAWKINS, AND FRANCES HAWKINS Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-65616 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : PRAECIPE TO REMOVE AND STR/KE LIS PENDENS FILED .~. GAINST THE ABOVE- NAMED DEFENDANT AND PRO~ERTY~ To The Prothonotary of Cumberland County Counsel for plaintiff instructs you to REMOVE AND STRIKE the lis pendens filed against the above named Defendant and the properties 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. Attorney fi)r Plaintiff 3109 North Front Street Harrisburg, PA 17110 (717) 909-8083