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Home My WebLink About09-5417Christopher E. Rice, Esquire I.D. No. 90916 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 crice e,martsonlaw.com PEIFER CONSTRUCTION, INC., Plaintiff V. R. HART ENTERPRISES, INC., RICHARD P. HART, JR. and NANCIE J. HART, Defendants David C. Miller, Jr., Esquire I.D. No. 36504 Law Office of David C. Miller, Jr. 1100 Spring Garden Drive, Suite A Middletown, PA 17057 (717) 939-9806 davidcmillerjrkverizon.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 5'1-11'7 CIVIL TERM 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 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Christopher E. Rice, Esquire I.D. No. 90916 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 crice@martsonlaw.com David C. Miller, Jr., Esquire I.D. No. 36504 Law Office of David C. Miller, Jr. 1100 Spring Garden Drive, Suite A Middletown, PA 17057 (717) 939-9806 davidcmillejr@,verizon.net PEIFER CONSTRUCTION, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009 - s"y / 7 CIVIL TERM R. HART ENTERPRISES, INC., RICHARD P. HART, JR. and NANCIE J. HART, Defendants COMPLAINT 1. The Plaintiff, Peifer Construction, Inc., (hereinafter "PCI"), is a corporation registered to do business in the Commonwealth of Pennsylvania with a principal place of business located at 1365 South Eisenhower Boulevard, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, R. Hart Enterprises, Inc., (hereinafter "RHEI"), is a corporation registered to do business in the Commonwealth of Pennsylvania with a principal place of business located at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendants, Richard P. Hart, Jr., and Nancie J. Hart, are husband and wife, and are adult individuals with a principal place of residence located at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or before October 17, 2007, Plaintiff PCI entered into an oral contract with Defendants RHEI, Richard P. Hart, Jr., and Nancie J. Hart to perform certain services and provide certain materials at a property in Cumberland County known as Fair Oaks #10, 5004 Ravenwood Road, Lower Allen Township, which property was owned by Defendants Richard P. Hart, Jr., and Nancie J. Hart, as husband and wife, with the construction work being performed by Defendant R. Hart Enterprises, Inc. 5. On or before April 21, 2008, Plaintiff PCI entered into an oral contract with Defendants RHEI, Richard P. Hart, Jr., and Nancie J. Hart to perform certain services and provide certain materials at a property in Cumberland County known as Fair Oaks #2, 4911 Whitlock Lane, Lower Allen Township, which property was owned by Defendants Richard P. Hart, Jr., and Nancie J. Hart, as husband and wife with the construction work being performed by Defendant R. Hart Enterprises, Inc. 6. Pursuant to the request of Defendants RHEI, Richard P. Hart, Jr., and Nancie J. Hart, Plaintiff PCI sold and delivered to Defendants goods and services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff PCI's invoices, true and correct copies of which are attached hereto, made a part hereof, and marked as Exhibit "A." 7. Defendants RHEI, Richard P. Hart, Jr., and Nancie J. Hart received and accepted the goods and services described in Exhibit "A." 8. The prices, including service and/or other charges, which are set forth in Exhibit "A," are the fair, reasonable and market prices and the prices which Defendants, RHEI, Richard P. Hart, Jr., and Nancie J. Hart, agreed to pay. 9. All credits to which Defendants are entitled are set forth in Exhibit "A." 10. The sum of $28,860.29 is due and owing as of June 30, 2009, from Defendants to Plaintiff PCI for the sale of goods and services. 11. Although demand has been made, Defendants have failed to make payment of the amount due. COUNT I - BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1-11 as if fully set forth. 13. Defendants have breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendants from Plaintiff and/or Plaintiff's agents. WHEREFORE, Plaintiff PCI claims that there is now justly due and owing by Defendants the sum of $28,860.29, with interest from July 1, 2009, at the rate stated on the invoices of 1.5% per month. COUNT II - QUANTUM MERRUIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1-11 as if fully set forth. 15. In the alternative, Defendants are liable to the Plaintiff and/or have been unjustly enriched in the amount of $28,860.29. WHEREFORE, Plaintiff PCI claims that there is now justly due and owing by Defendants the sum of $28,860.29, with interest from July 1, 2009, at the rate stated on the invoices of 1.5% per month. MARTSON LAW OFFICES By: (2417? S e2.- Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 LAW OFFICE OF DAVID C. MILLER, JR. By Qa CQ& kN?? David C. Miller, Jr., Esquire I.D. No. 36504 1100 Spring Garden Drive, Suite A Middletown, PA 17057 (717) 939-9806 Date: f? - y- 0 7 EXHIBIT "A" Invoice Interest Month Invoice Interest Month 105507 106535 $857.31 $12.86 121212007 $791.36 $11.87 1217/2007 $870.17 $13.05 1/21/2008 $803.23 $12.05 117/2008 $883.22 $13.25 2/21/2008 $815.28 $12.23 217/2008 $895.47 $13.45 3/21/2008 $827.51 $12.41 317/2008 $909.92 $13.65 412112008 $839.92 $12.50 4!7/2008 $923.57 $13.85 521/2008 $852.62 $12.79 5(7/2008 $937.42 $14.06 6/212008 $865.31 $12.98 617@008 $951.48 $14.27 7121/2008 $878.29 $13.17 71712008 $965.75 $14.49 8121/2008 $891.46 $13.37 817/2008 $980.24 $14.70 9/21/2008 $904.83 $13.57 9/712008 $994.94 $14.92 10/21/2008 $918.41 $13.78 10/7/2008 $1,009.87 $15.15 11/21/2008 $932.18 $13.98 111712008 $1,025.02 $15.38 1212112008 $946.16 $14.19 1217/2008 $1,040.39 $15.61 1121/2009 $960.36 $14.41 11712009 $1,056.00 $15.84 2/2112009 $974.76 $14.62 21712009 $1,071.84 $16.08 3/21/2009 $989.38 $14.84 317/2009 $1,087.91 $16.32 4/21/2009 $1,004.22 $15.05 4!7/2009 $1,104.23 $16.56 5121/2009 $1,019.29 $15.29 517/2009 $1,120.80 $16.81 6/21/2009 $1,034.58 $15.52 617/2009 $280.30 $258.74 Invoice Interest Month Invoice Interest Month 105722 105727 $3,283.93 $49.26 6!2112008 $4,688.75 $70.33 6/25/2008 $3,333.19 $50.00 7/2112008 $4,759.08 $71.39 7/25/2008 $3,383.19 $50.75 8/21/2008 $4,830.47 $72.46 812512008 $3,433.93 $51.51 9121/2008 $4,902.92 $73.54 9/25/2008 $3,485.44 $52.28 10121/2008 $4,976.47 $74.65 10/2512008 $3,537.73 $53.07 11/2112008 $5,051.12 $75.77 1112512008 $3,590.79 $53.86 12121/2008 $5,126.88 $76.90 12/2512008 $3,644.65 $54.67 10/2009 $5,203.79 $78.06 1/25/2009 $3,699.32 $55.49 212112009 $5,281.84 $79.23 2/25/2009 $3,754.81 $56.32 3/2112009 $5,361.07 $80.42 3/25/2009 $3,811.13 $57.17 4121/2009 $5,441.49 $81.62 4/252009 $3,868.30 $58.02 5/212009 $5,523.11 $82.85 5/25/2009 $3,926.33 $58.89 621/2009 $5,605.95 $84.09 6252009 $701.29 $1,001.29 Invoice 105734 $14,006.25 $14,216.34 $14,429.59 $14,646.03 $14,855.72 $15,088.71 $15,315.04 $15,544.77 $15,777.94 $16,014.61 $16.254.82 $16,498.65 $16,746.13 Interest $210.09 $213.25 $216.44 $219.69 $222.99 $226.33 $229.73 $233.17 $236.67 $240.22 $243.82 $247.48 $251.19 Month SUMMARY $2,991.07 5/30/2006 7/31/2008 81312008 9/30/2008 10/31/2008 11/302008 12/31/2008 1/312009 2/282009 328/2009 4282009 528/2009 6/28/2009 June-09 Invoice # Invoice Amt Interest Due Totals 105507 $857.31 $280.30 $1,137.61 105535 $791.36 $258.74 $1,050.10 105722 $3,283.93 $701.29 $3,985.22 105727 $4,688.75 $1,001.29 $5,690.04 106734 $14,006.26 $2,991.07 $16,997.32 Total: $23,627.60 $5,232.69 $28,860.29 Pelfer Construction, inc. 1365 S. Eisenhower Blvd. Harrisburg, PA 17111 (717) 985-9150 FAX (717)985-9152 FED. ID. 25-1729693 Bill To: R. Hart Enterprises Inc. Rich Hart 5154 Kylock Rd. Mech., PA 17055 i 1 i i i I r t t ! invoice Invoice #: 105507 Invoice Date: 10QM2007 Due Date: 11121/2007 Protect: Job #27156' FO #10 Job Location: Fair Oaks #10 5004 Ravenwood Road Permit #2007-0549 Lower Allen 975-7575 i nank you for your business. A 1.5% finance charge will be added to past due balances. Total $1,714.62 Payments/Credits $-857.31 Balance Due $857.31 Pelfer Construction, Inc. 1365 S. Eisenhower Sivd. Harrisburg, PA 17111 (717) 985-9150 FAX (717)985-9152 FED. I D. 25-1729693 Bill To: R. Hart Enterprises Inc. Rich Hart 5154 Kylock Rd. Mech., PA 17055 Invoice Invoice #: 105535 Invoice Date: 11/7/2007 Due Date: 12/7/2007 Project: Job #27156 FO #10 Job Location: Pair Oaks #10 5004 Ravenwood Road Permit #2007-0549 Lower Allen 975-7675 Thank you for your business. A 1.5% finance charge will be added to past Total due balances. $1,582.72 Payments/Credits $-791,36 Balance Due $791.36 Peifer Construction, Inc. 1365 S. Eisenhower Blvd. HaMsburg, PA 17111 Invoice (717) 985-9150 FAX (717)985-9152 FED. ID. 25-1729693 Invoice #: 105722 Invoice Date: 4/21/2008 Bill To: Due Date: 5/21/2008 R. Hart Enterprises Inc. ProJect: Job Location: Job #28006 FO #2 Fair Oaks #2 Rich Hart 5154 Kylock Rd 4911 Whitlock Lane . Mech. PA 17055 Lower Allen Twp. 975-7575 , Permit #20080074 Date Description k Excavation Qty Rate Amount ul -008 LOADER (MOVE) j 9530 LOADER (PER HOUR) 1 100.00 100,00 4/'..2/2008 9530 LOADER (PER HOUR) a 100.00 800.00 14122 8/2008 CONVEYOR TRUCK RENTAL (PER HR) stone basement 85 . 100.00 850.00 j 28 STONE (PER TON) 3 110.00 330.00 Subtotal $9,18 13 30 1,203.43 ' 3.283.93 Hank returned check for non-sufficient funds 3283.93 3,2$3.93 i } Thank you for your business. A 1.5% finance charge will be added to past due balances. . Total $6,567.80 Payments/Credits $-3,283.93 Balance Due $3,283.93 Pelfer Construction, Inc. 1365 S. Eisenhower Blvd. Harrisburg, PA 17111 (717) 985-9160 FAX (717)985-9152 FED. ID. 25-1729693 Bill To: R. Hart Enterprises Inc. Rich Hart 5154 Kylock Rd. Mech., PA 17055 L Date r4;2-4r--) 008 i i i i f I i I t f i( Description Footers WALL FOOTINGS 18" W X 8" H (PER FT) FOOTER PAD(S) LARGE FOOTER/RADON DRAIN PIPE (PER FT) 20" RADIUS SUMP HOLE CONTAINER BACKHOE MOVE BACKHOE (PER HOUR) LAYOUT FEE (PER POINT) Subtotal Bank returned check for non-sufficient funds Thank you for your business. A 1.5% finance charge will be added to past due balances. Invoice Invoice #: 105727 Invoice Date: 4/15/2008 Due Date: 5/2512008 Project: Job #28006 FQ #2 Job Location: Fair Oaks #2 4911 Whitlock Lane Lower Alien Twp. 975-7575 Permit #20080074 Qty Rate I Amount 295.1671 9.001 2,656.50 S 98.00 490.00 385 225 866.25 1 40.00 40.00 1 80.00 80.00 42 80.00 336.00 22 10.00 220.00 .. 4,688.75 751 4,688.75 Total $9,377.50 Payments/Credits $4,68$.75 Balance Due $4,688,75 Pelfer Construction, Inc. 1365 S. Eisenhower Blvd. Harrisburg, PA 17111 (717) 985-9151) FAX (717)985-9152 FED. ID. 25-1729693 Date 14/30/008 f i i t I i i I Bill To: R. Hart Enterprises Inc. Rich Hart 5154 Kylock Rd. Mech., PA 17055 Invoice Invoice #. 105734 Invoice Date: 5/9/2008 Due Date: 5131/2008 Project: Job #28005 FO #2 Job Location: Fair Oaks #2 4911 Whitlock Lane Lower Allen Twp. 975-7575 Permit #20080074 Description Wails PUMP CHARGE 8 FT. X B IN. CONCRETE WALL 9 FT. X 101N. CONCRETE WALL 9 FT. X 8 IN. CONCRETE WALL BEAM BLOCK(S) PIPE UTILITY OPENING 4' x 4' EGRESS WINDOW SYSTEM (LOW E GAS) #5 VERTICAL. REBAR TIED IN WALL BEFORE POURING (EACH) #4 RE BAR (10 FT.) 14 IN. X 14 IN. PIER FOR GARAGE/HOUSE JUMP(S) STOOP ARM (S) SILL PLATE ANCHOR BOLTS (EACH) FUEL SURCHARGE (PER JOB) Subtotal Bank returned check for non-sufficient funds Qty 1 36.833 212 29.083 8 1 61 39. 2 1 73 1 Rate 600.00 33.69 41.56 3711 1125 6.50 770.00 10.85 8.90 80.00 12.25 75.00 1.50 100.00 Amount 600.00 1.240.90 8.810.72 1.082.18 98.00 6.50 770.00 661.85 347.10 80.00 24.50 75.00 109.50 100.00 14,006.25 14,006.25 Thank you for your business. A 1.5% finance charge will be added to past clue balances. Total $28,012.50 Payments/Credits $-14,046.25 Balance Due $14,006.25 VERIFICATION I, Roger C. Peifer, II, Vice President of Peifer Construction, Inc., acknowledge I have the authority to execute this Verification on behalf of Peifer Construction, Inc., and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. PEIFER CONSTRUCTION, INC. By: Ro r C. P' , II er 216119 nUf -4 r 52 Cl'ty' T'? / e - S-0 w -,ee,4 Sheriffs Office of Cumberland County R Thomas Kline Sheriff 4arstr ofu+rtGrr/,?h4 Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILED-C>4-ICE OF THE Pc:"- 2009 AUG 24 AM 10: 0 5 Peifer Construction, Inc. vs. R. Hart Enterprises, Inc. Case Number 2009-5417 SHERIFF'S RETURN OF SERVICE 08/19/2009 11:24 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 19, 2009 at 1124 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard P. Hart Jr., by making known unto Nancie J. Hart, wife of defendant at 5154 Kylock Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/19/2009 11:24 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 19, 2009 at 1124 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nancie J. Hart, by making known unto herself personally, at 5154 Kylock Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/20/2009 10:36 AM - Jason Vioral, Corporal, who being duly sworn according to law, states that on August 20, 2009 at 1036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: R. Hart Enterprises, Inc., by making known unto Richard P. Hart Jr., Owner at 1 Courthouse Square Room 303 Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $69.44 August 20, 2009 SO ANSWE S, R THOMAS KLINE, SHERIFF Deputy Sheriff By i Corpor