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Home My WebLink About09-4398CRAIG LAHAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - 4398 0,1vit ism MAPLE LEAF GARDENS, INC., CIVIL ACTION - LAW And ROBERT LaPIERRE, Defendants 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 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas 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 notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 CRAIG LAHAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. U 9 - '1301 cc?a Til., MAPLE LEAF GARDENS, INC., CIVIL ACTION - LAW And ROBERT LaPIERRE, Defendants COMPLAINT 1. The Plaintiff is an adult individual residing 6445 Gallop Road, Harrisburg, Pennsylvania 17111. 2. Defendant Maple Leaf Gardens, Inc. is a corporation having its principal office located at 1069 Twin Lakes Drive, Harrisburg, Pennsylvania 17111. 3. Defendant Robert LaPierre is an adult individual residing at 1069 Twin Lakes Drive, Harrisburg, Pennsylvania 17111. 4. Plaintiff believes, and therefore avers, that Defendant LaPierre is the sole stockholder and owner of Maple Leaf Gardens, Inc. 5. During September 2008, Plaintiff and Defendant had discussions relating to the Defendants installing materials and labor to complete two patios and one veranda for a home that was in the process of being built for the Plaintiff. 6. In order not to delay the project, Defendant LaPierre advised the Plaintiff that Plaintiff must pay in advance for the materials to be utilized on the job. 7. On or about September 11, 2008, Plaintiff paid to Maple Leaf Gardens, Inc. the sum of $52,279.20 in order that Defendants could order and pay for the materials necessary for completion of the work at Plaintiff's home. 8. On or about December 30, 2008, Plaintiff and Defendant entered into a written contract for the labor charges to complete the work on Plaintiff's patios and veranda. A copy of the proposal is attached hereto as Exhibit "A" and incorporated herein by reference. 9. On or about December 31, 2008, Plaintiff paid to the Defendants the sum of $2,146.00 for the initial payment for labor and materials. 10. Despite numerous requests by Plaintiff, Defendants have refused to deliver most of the materials paid for by Plaintiff nor have they performed any of the work to be done for which they have also received partial payment. 11. Plaintiff believes, and therefore avers, that the Defendants did not use the funds that were delivered to them for the purchase of materials for Plaintiff's home, but rather used the money for Defendants' own purposes. 12. Due to the Defendants' breach of contract, the construction of the project was delayed resulting in substantial additional costs to the Plaintiff, and Plaintiff also incurred additional costs in obtaining replacement materials for the materials that Defendants failed to deliver. 2 COUNT 1 Conversion 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference. 14. Defendants had possession of Plaintiff's funds which were misused by the Defendants. 15. Neither of the Defendants had any right or authorization to use, spend or keep money that the Plaintiff gave to them other than to purchase materials that were to be delivered to Plaintiff's home, but instead Defendants have wrongfully converted such monies. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount in excess of mandatory limits. COUNT 11 Fraud 16. Paragraphs 1 through 15 of Plaintiff's Complaint are incorporated herein by reference. 17. Defendant LaPierre knew that the funds that were obtained from the Plaintiff were not going to be used for the benefit of the Plaintiff. 18. Defendant LaPierre concealed the truth from the Plaintiff about the unlawful manner in which the monies being delivered to Maple Leaf Gardens, Inc. were going to be utilized. 3 19. Defendant LaPierre intended to mislead Plaintiff into depositing his funds with Maple Leaf Gardens, Inc. in order to obtain his monies. 20. Plaintiff justifiably relied on the statements made to him by Defendant LaPierre on behalf of Maple Leaf Gardens, Inc. 21. Plaintiffs subsequent losses of money were proximately caused by his reliance on the misrepresentations of Defendant LaPierre made to induce the fraud. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount in excess of mandatory arbitration limits. COUNT III Violation of the Unfair Trade Practices and Consumer Protection Law 22. Paragraphs 1 through 21 of Plaintiffs Complaint are incorporated herein by reference. 23. Plaintiff was assured that his funds would be used to purchase the materials to be utilized at his home. 24. The representations made to Plaintiff were made falsely with knowledge of the falsity by the Defendants. 25. The actions of the Defendants constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 4 WHEREFORE, Plaintiff makes claim for damages in excess of mandatory arbitration limits, together with treble damages, attorneys' fee, interest or punitive damages. Respectfully submitted, WIX, WENGER & WEIDNER By j;?-,.,,iCJACtjL k. Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated: 6/29/2009 5 VERIFICATION I, Craig Lahar, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attomey for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unswom falsification to authorities, which provides that if I knowingly made false averments, l may be subject to criminal penalties. Date: 6- 2 Lf- 0 ? `e a Craig Lahar D FILED ir, 2009 JUL -1 A l i : 4 ? Ty J'A 4 78.50 po A rN -Uo Is ?` aati4?s Sheriffs Office of Cumberland County R Thomas Kline , ', r - ^r THE Sheriff`i?ttr aC 4u,nGrr{?r ` : _ Ronny R Anderson 2009 jul I ? gist! 4 Chief Deputy Jody S Smith n Civil Process Sergeant o" E ` `' `-`Ri 1 Edward L Schorpp Solicitor Craig Lahar Case Number vs. 2009-4398 Maple Leaf Gardens, Inc. SHERIFF'S RETURN OF SERVICE 07/02/2009 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: Maple Leaf Gardens, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/02/2009 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: Robert LaPierre, 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. 07/08/2009 08:56 AM - Dauphin County Return: And now July 8, 2009 at 0856 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Maple Leaf Gardens, Inc. by making known unto Karina Lapierre, adult in charge at 1069 Twin Lakes Drive Harrisburg, PA 17111 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/08/2009 08:56 AM - Dauphin County Return: And now July 8, 2009 at 0856 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Robert Lapierre by making known unto Karina Lapierre, adult in charge at 1069 Twin Lakes Drive Harrisburg, PA 17111 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, July 10, 2009 R THOMAS KLINE, SHERIFF (Stfict of the,*11criff der Mary Jane Sn l Estate De R .;+. y p ea William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CRAIG LAHA.R VS MAPLE LEAF GARDENS, INC. Sheriffs Return No. 2009-T-1887 OTHER COUNTY NO. 20094398 And now: JULY 8, 2009 at 8:56:00 AM served the within COMPLAINT upon MAPLE LEAF GARDENS, INC. by personally handing to KARINA LAPIERRE 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 1069 TWIN LAKES DRIVE HBG PA 17111 ADULT DAUGHTER OF ROBERT LAPIERRE Sworn and subscribed to before me this 9TH day of July, 2009 Al??Al NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspirc, Dauphin County M Commission Expires Set 1 2010 So Answers, Sheriff of Dauphin County a. By Deputy Sherif Deputy: G MILLER Sheriffs Costs: $66.5 7/7/2009 (Pilitt, i. Mary Jane yder Real Estate DSnepu William T. Tully • Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CRAIG LAHAR VS MAPLE LEAF GARDENS, INC. Sheriff s Return No. 2009-T-1887 OTHER COUNTY NO. 20094398 And now: JULY 8, 2009 at 8:56:00 AM served the within COMPLAINT upon ROBERT LAPIERRE by personally handing to KARINA LAPIERRE 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 1069 TWIN LAKES DRIVE HBG PA 17111 ADULT DAUGHTER Sworn and subscribed to before me this 9TH day of July, 2009 11!? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County EMYCornrnission Expires S t 1 2010 So Answers, Sheriff of Da hin County Pa. By [tox Deputy She Deputy: G MILLER Sheriffs Costs: $66.5 7/7/2009 . 4 CRAIG LAHAR, Plaintiff V. MAPLE LEAF GARDENS, INC., And ROBERT LaPIERRE, Defendants TO: PROTHONOTARY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4398 Civil Term CIVIL ACTION - LAW PRAECIPE Please enter default judgment against Defendants Maple Leaf Gardens, Inc. and Robert LaPierre for failure to respond to the Complaint. Respectfully submitted, WIX, WENGER & WEIDNER By u.??- K. WX' Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 08/25/2009 CRAIG LAHAR, Plaintiff V. MAPLE LEAF GARDENS, INC., And ROBERT LaPIERRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4398 Civil Term CIVIL ACTION - LAW IMPORTANT NOTICE TO: Robert LaPierre 1069 Twin Lakes Drive Harrisburg, PA 17111 DATE OF NOTICE: August 4, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service 137 East Market Street York, PA 17401 (717) 854-8755 WIX, WENGER & WEIDNER By ?U--,k R Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 A? r CERTIFICATE OF SERVICE AND NOW, this 4th day of August, 2009, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Notice of Default this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Robert LaPierre 1069 Twin Lakes Drive Harrisburg, PA 17111 WIX, WENGER & WEIDNER Gaye Crist CRAIG LAHAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-4398 Civil Term MAPLE LEAF GARDENS, INC., CIVIL ACTION - LAW And ROBERT LaPIERRE, Defendants IMPORTANT NOTICE TO: Maple Leaf Gardens, Inc. 1069 Twin Lakes Drive Harrisburg, PA 17111 DATE OF NOTICE: August 4, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service 137 East Market Street York, PA 17401 (717) 854-8755 WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 CERTIFICATE OF SERVICE AND NOW, this 4th day of August, 2009, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Notice of Default this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Maple Leaf Gardens, Inc. 1069 Twin Lakes Drive Harrisburg, PA 17111 WIX, WENGER & WEIDNER Gaye Cri' ALL. ? "' ic r^ J* 14. oo P A Al-T j O'co Aga ext L'r? I?,? CRAIG LAHAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-4398 Civil Term MAPLE LEAF GARDENS, INC., CIVIL ACTION - LAW And ROBERT LaPIERRE, Defendants To Maple Leaf Gardens, Inc. and Robert LaPierre, Defendant(s) You are hereby notified that on 8/a7 I Q9 the following Judgment has been entered against you m the above-captioned case: Default Judgment for failure to respond to C plaint. DATE: Prot onotary k'? I hereby certify that the name and address of the proper person(s) to receive this notice is: Maple Leaf Gardens, Inc. 1069 Twin Lakes Drive Harrisburg, PA 17111 Robert LaPierre 1069 Twin Lakes Drive Harrisburg, PA 17111 A Maple Leaf Gardens, Inc. and Robert LaPierre, Defendido/a Defendidos/as Por este madio se le esta notofocando que el de del , el/la siguiente (Orden) (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifio que la siguiente direccion es la del defedido/a segun indicada en al certificado de residencia: Maple Leaf Gardens, Inc. 1069 Twin Lakes Drive Harrisburg, PA 17111 Robert LaPierre 1069 Twin Lakes Drive Harrisburg, PA 17111 Abogado del Demandante