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Home My WebLink About05-4523Donald R. Reavey, Esq. Michael B. Volk, Esq. Attorney I.D.#88553 Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17055 Tel: (717) 233-4101 Attorneys for Service I3t Restoration and Remodeling, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE Ise RESTORATION AND REMODELING, LLC 5 East Allan Street Mechanicsburg, PA 17055 V. Plaintiff GARY DOBRINOFF 3819 Lamp Post Lane Camp Hill, PA 17011 Defendant. CAUSE NUMBER: o S- ys i -? CIVIL ACTION - LAW 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 the 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 and other claim or relief requested by the Plaintiffs. You may lose money or property or and 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. 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le had demandado a usted en ]a corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente dias de plazo al particular de la fecha de la demanda y la notificication. Hace falta ascentar una comparencia escrita o en persona o con abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Se adviso que si usted no tiene defiende, ]a corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la coorte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades y otros direchos importantes para usted. LLEVE ESTA DEMANDA A SU ABOGADO IMMEDIATAMENTE, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1sT RESTORATION AND REMODELING, LLC 5 East Allan Street Mechanicsburg, PA 17055 CAUSE NUMBER: (2y. y i .2 3 Plaintiff V. GARY DOBRINOFF 3819 Lamp Post Lane Camp Hill, PA 17011 Defendant. CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Service 1st Restoration and Remodeling, by and through their attorneys, Donald R. Reavey, Esquire and Michael B. Volk of the law firm Capozzi & Associates, P.C., and as set-forth in the following complaint, respectfully shows the Court as follows: 1. Plaintiff, Service Ist Restoration and Remodeling, (hereafter, "Plaintiff'), is a construction and disaster remediation contractor having its principal office at 5 East Allen Street, Mechanicsburg, PA 17055. 2. Defendant Gary Dobrinoff (hereafter, "Defendant") is an adult individual currently residing at 3819 Lamp Post Lane, Camp Hill, PA 17055. 3. On or about December 12, 2004, Defendants' property sustained soot and smoke damage due to malfunction in the heating system. 4. Defendants contacted Plaintiff on or about December 13, 2004 to provide an estimate as to the scope and cost of services to repair flood damage. 5. On or About December 14, 2004, Plaintiff provided an estimate to Defendants that set- forth the scope and cost of services to remediate smoke and soot damage throughout the house. A copy of that estimate is attached as Exhibit "1" and is hereby incorporated by reference. 6. Subsequently, Plaintiff and Defendants entered into an agreement to perform the flood damage remediation, with the scope of work and price to be as set forth in the estimate. 7. The work performed consisted of 3 parts: 1) Basement cleaning and painting, 2) air duct cleaning and 3) attic cleaning and painting. 8. Due to the importance of the basement area and ductwork to the overall habitability of the dwelling, Plaintiff and Defendant orally agreed that this work should be accomplished immediately. 9. The agreement to provide the work on the basement and ductwork was ratified on Defendant on January 10, 2005. The same agreement also granted authorization for Plaintiff to begin remediation work on the damage in the attic of Defendant's home. A copy of this document is attached as Exhibit "2" and is hereby incorporated by reference. 10. All work was performed in a competent and craftsman like manner. 11. Defendant has made no complaint regarding the quality or nature of the remediation efforts provided to him. 12. Since that time, Defendant has refused to pay the balance due for the work performed, thus damaging Plaintiff. COUNT 1- BREACH OF CONTRACT 13. Plaintiff hereby incorporates paragraphs 1 through 12 of this Complaint as if set-forth at length herein. 14. As more fully described herein, on or about December 15, 2004, Defendant agreed to pay 4 for the provision of work by Plaintiff, as set forth in the agreement attached as Exhibit "2". 15. Defendants have not made payments for the smoke damage remediation services provided, as agreed to by the parties. 16. Plaintiff is entitled to compensation for the services and materials rendered to Defendants. 17. As such, Defendants are responsible for the outstanding balance owed to Plaintiff for services and materials rendered. 18. Plaintiff has demanded payment from the Defendants, but the Defendants have refused and continue to refuse payment. 19. Plaintiff has been damaged by the failure of the Defendants to pay for the services and materials rendered. WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an Order as follows: a. Granting judgment for Plaintiff and against Defendant Gary Dobrinoff in the amount of at least $12,790.19, plus 6% prejudgment and post judgment interest per annum, or as determined by the Court, inclusive of interest and costs; b. Granting Plaintiff its expenses, including reasonable attorney fees incurred in connection with this action, which total $525.00 and $255.50 respectively, and; C. Granting such other relief as the Court deems appropriate. COUNT 2-BREACH OF IMPLIED CONTRACT 20. Plaintiff hereby incorporates paragraphs 1 through 19 of this Complaint as if set forth at length herein. 21. Pursuant to Rule 1020(c ) of the Pennsylvania Rules of civil Procedure, Plaintiff pleads the following alternative cause of action. 22. On or about December 14, 2004, Defendant agreed to pay Plaintiff in exchange for smoke damage remediation work as set forth in an estimate provided to Defendant by Plaintiff. 23. On or about December 21, 2004 through January 10, 2005, Plaintiff provided the services as set forth in the estimate, which is attached as Exhibit "1" and as agreed to in the agreement by and between the parties as Exhibit 112". 24. The facts, as set forth above, establish an implied-in-law and an implied-in-fact contract. 25. Due to the existence of the implied-in-law and implied-in-fact contract, Plaintiff is entitled to compensation for the services and materials rendered to Defendant. 26. Plaintiff has demanded payment from Defendant under the terms of the implied-in-fact and implied-in-law contract, but Defendant has refused payment. 27. The Plaintiff has been damaged by the refusal of Defendant to pay for the services rendered, in breach of the implied-in-law and implied-in-fact contract. WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an Order as follows: a. Granting judgment for Plaintiff and against Defendant Gary Dobrinoff in the amount of at least $12,790.19, plus 6% prejudgment and post judgment interest per annum, or as determined by the Court, inclusive of interest and costs; b. Granting Plaintiff its expenses, including reasonable attorney fees incurred in connection with this action, which total $525.00 and $255.50 respectively, and; c. Granting such other relief as the Court deems appropriate. COUNT 3-QUANTUM MERUIT 28. Plaintiff hereby incorporates paragraphs 1 through 27 of this Complaint as if set forth at length herein. 29. Pursuant to Rule 1020(c ) of the Pennsylvania Rules of civil Procedure, Plaintiff pleads the following alternative cause of action. 30. As more fully described herein, Plaintiff's expectation of payment in exchange for rendering smoke damage remediation services to Defendant was reasonable. 31. Plaintiff, in rendering services to Defendant, has conferred a substantial benefit upon him. 32. Defendant retained the benefit of the bargain with Plaintiff for the provision of smoke damage remediation services and has not conferred a similar benefit in return upon the Plaintiff. Defendant has been unjustly enriched at the expense of Plaintiff. 33. Due to Defendant's unjust enrichment, Plaintiff is entitled to proper compensation for the services rendered to Defendant. 34. Defendant's unjust enrichment at Plaintiff's expense has damaged the Plaintiff. 35. Plaintiff has demanded payment from Defendant, but Defendant has refused payment. WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an Order as follows: a. Granting judgment for Plaintiff and against Defendant Gary Dobrinoff in the amount of at least $12,790.19, plus 6% prejudgment and post judgment interest per annum, or as determined by the Court, inclusive of interest and costs; b. Granting Plaintiff its expenses, including reasonable attorney fees incurred in connection with this action, which total $525.00 and $255.50 respectively, and; C. Granting such other relief as the Court deems appropriate Respectfully ,y CAL AND 9f$5?1ATES, P.C. Date: Q.fM?r ! Zf.?? BY.ld R. Reavey, Esquire Attorney I.D. # 82498 Michael B. Volk, Esq. Attorney I.D. # 88553 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1sT RESTORATION AND REMODELING, LLC 5 East Allan Street Mechanicsburg, PA 17055 V. Plaintiff GARY DOBRINOFF 3819 Lamp Post Lane Camp Hill, PA 17011 Defendant. CAUSE NUMBER: CIVIL ACTION - LAW VERIFICATION I, Michael B. Volk, Esquire, do hereby verify that the facts made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is being made as Defendant is unavailable and time is of the essence. Counsel will substitute a verification of Defendant as soon as available. I /und stand that any false statements therein are subject to the penalties contained in Tit he Pennsylv ania Consolidated Statutes Section 4904, relating to rswo fal on to authorities. ?? M(chael B. Volk, Esquire Attorney I.D. # 88553 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff 0 Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax(717)697-6282 Administrative Information Type of Estimate: PUFFBACK Client: Mr. Gary Dobrinoff Home: (717) 763-1686 Property: 3819 Lamp Post Lane Mechanicsburg, PA 17055 Operator: JIM Estimator: Denny Spicher Cellular: (717) 648-9999 Business: 5 E. Allen Street Mechanicsburg Reference: David Maxey Business: (610) 212-9968 Company: Met Life Date Entered: 12/03/04 Date Assigned: 12/02/04 Date Est. Completed: 04/08/05 Estimate: DOBRINOFF2rNVOICE-PT Opening Thank you for selecting Service First Restoration and Remodeling, LLC to provided emergency services to you for your home or business. The objective we jointly share is to provide a quality finished product at a reasonable price resulting in added value to your investment. The initial step toward this accomplishment begins with our immediate and timely response. The level of detail and accuracy we provide from the initial situation saves you both time and money in the future. The following summary decribes procedures we provided related damages that we observed during our emergency visit. When asked to provide services for insurance related work we are leased to be of service . Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax (717) 697-6282 DOBRINOFF21NVOICE-PT Room: Basement LxWxH 35'0" x 27'0" x 7'0" Missing Wall: 847.00 SF Walls 1,792.00 SF Walls & Ceiling 105.00 SY Flooring 245.00 SF Long Wall 121.00 LF Ceil. Perimeter Subroom 1: Offset 1 291.67 SF Walls 396.50 SF Walls & Ceiling 11.65 SY Flooring 86.33 SF Long Wall 41.67 LF Ceil. Perimeter Subroom 2: Offset 2 945.00 SF Ceiling 945.00 SF Floor 121.00 LF Floor Perimeter 189.00 SF Short Wall LxWxH 12'4" x 8'6" x 7'0" 104.83 SF Ceiling 104.83 SF Floor 41.67 LF Floor Perimeter 59.50 SF Short Wall Formula Stairway 10'6" x 310" x 7'0" 168.00 SF Walls 205.86 SF Walls & Ceiling 5.99 SY Flooring 0.00 SF Long Wall 28.24 LF Ceil. Perimeter 37.86 SF Ceiling 53.87 SF Floor 28.24 LF Floor Perimeter 0.00 SF Short Wall 1 - 3'0" X T0" Opens into 0 Goes to Floor/Ceiling Seal ceiling joist system 1,087.69 SF 0.00 0.55 598.23 Seal walls with masonry sealer 1,306.67 SF 0.00 0.36 470.40 Seal & paint closets - inside and out 14.00 LF 0.00 21.22 297.08 Mask the floor per square foot 1,103.71 SF 0.00 0.12 132.44 Prime & paint pipe, various sizes 250.00 LF 0.00 0.37 92.50 Seal & paint stair riser - per side 2.00 EA 0.00 5.48 10.96 Seal/prime columns/posts one coat 55.20 SF 0.00 0.29 16.01 Seal & paint vanity - faces only 3.00 LF 0.00 10.13 30.39 Paint the floor - one coat 1,103.71 SF 0.00 0.31 342.15 Painter - per hour (labor adjustment) 4.00 HR 0.00 41.86 167.44 DOBRINOFF2INVOICE-PT 08/08/2005 Page: 2 Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax(717)697-6282 Sea] then paint underside of roof/nailer system Sea] then paint the surface area (2 coats) v? Room: Attic 1,368.00 SF 0.00 0.88 1,520.00 SF 0.00 0.52 Room: Cleaning Specialists 790.40 Damage /Restoration Evaluation -per hour 32.00 FIR 0.00 38.50 DUCT CLEANING - SECCO QUOTE Building Permit Fee 1.00 EA 0.00 3,132.30 1.00 HR 0.00 1,715.00 3,132.30 1,715.00 DOBRINOFF2INVOlCE-PT 08/08/2005 Page: 3 Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax (717) 697-6282 1,306.67 SF Walls 1,087.69 SF Ceiling 2,394.36 SF Walls & Ceiling 1,103.71 SF Floor 122.63 SY Flooring 190.91 LF Floor Perimeter 331.33 SF Long Wall 248.50 SF Short Wall 190.91 LF Ceil. Perimeter 0.00 Floor Area 0.00 Exterior Wall Area 0.00 Total Area 0.00 Exterior Perimeter of Walls 0.00 Interior Wall Area 0.00 Surface Area 0.00 Total Ridge Length 0.00 Number of Squares 0.00 Total Hip Length 0.00 Total Perimeter Length 0.00 Area of Face 1 DOBRINOFF2INVOICE-PT 08/08/2005 Page: 4 Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax(717)697-6282 Line Item Total 10,231.14 Material Sales Tax @ 6.000% 721.34 43.28 Cleaning Materials @, 6.000% 303.80 18.23 Subtotal 10,292.65 Overhead @ 10.00% 10,292.65 1,029.26 Profit @ 10.00% 10,292.65 1,029.26 Cleanin Sales Tax 6.000% 7,317.03 439.02 Tro Denny Spicher DOBRINOFF21NVOICE-PT 08/08/2005 Page: 5 Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax(717)697-6282 Estimate: DOBRINOMINVOICE-PT Basement 2,157.60 21.09% Attic 1,994.24 19.49% CinAninu Snecialistc 6.079.30 59.42% DOBRINOFF2INVOICE-PT 08/08/2005 Page: 6 Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax(717)697-6282 O&P Items Total Dollars % CLEANING 6,079.30 47.53% Subtotal 10,231.14 79.99% Material Sales Tax @ 6.000% 43.28 0.34% Cleaning Materials @ 6.000% 18.23 0.14% Overhead @ 10.00% 1,029.26 8.05% Profit 10.00% 1,029.26 8.05% O&P Items Subtotal 12,351.17 96.57% Cleaning Sales Tax _ @ 6.000% 439.02 3.43% DOBRINOFF21NVOICE-PT 08/08/2005 Page: 7 AUTHORIZATION TO BEGIN SERVICE We/I, the undersigned, hereby grant Service ls` Restoration & Remodeling permission to begin clean-up and `puffback' soot and smoke mitigation resulting from a furnace malfunction in the following areas: • BASEMENT CLEANUP AND PAINTING (work already completed) DUCT CLEANING SERVICES (work already completed) • ATTIC CLEANUP AND PAINTING (work to commence Thursday, January 6tn) to the property located at: Gary Dobrinoff 3819 Lamp Post Lane Mechanicsburg, PA We/1 further acknowledge that we will be held financially responsible for any insurance deductible or amount not covered under an insurance claim settlement. Wei agree to make payments for these uncovered services upon receipt of an invoice. Owner S atu e - ? ate ? /-110{ //Gtk 1/?' - _ ! v OS Service 1" Restoration & Remodeling LLC Date ? ? r 94 SHERIFF'S RETURN - REGULAR CASE NO: 2005-04523 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SERVICE 1ST RESTORATION & REM VS DOBRINOFF GARY GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DOBRINOFF GARY DEFENDANT the , at 1928:00 HOURS, on the 15th day of September, 2005 at 3819 LAMP POST LANE CAMP HILL, PA 17011 by handing to GARY DOBRINOFF a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 12.00 Postage .37 Surcharge 10.00 .00 40.37 Sworn and Subscribed to before me this day of A. 1). Prot-ITdr otary So Answers: R. Thomas Kline 09/16/2005 CAPOZZI & ASSOCIATES 13Y ZJM&?? Deputy Sheti!jlf f Curtis R. Long Prothonotary Office of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ( .5 - -l S 22 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573