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Home My WebLink About02-5542ERIC J. WELLER, Plaintiff VS. WESTHAFER CONSTRUCTION, INC., : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. -- PRAECIPE FOR WRIT OF SUMMONS TO: PROTHONOTARY OF CUMBERLAND COUNTY: Enter my appearance for the Plaintiff and issue a Writ of Summons in the above-captioned matter against the Defendant. EVEY, ROUTCH, BLACK, DOREZAS, MAGEE & LEVINE LLP /~ Nathan W. Karn, Esq. // Attorney for Plaintiff Attorney I.D. #86068 401 Allegheny Street, P. O. Box 415 Hollidaysburg, PA 16648 (814) 695-7581 Dated: November 13, 2002 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS ERIC J. WELLER Plaintiff Vs. WESTHAFER CONSTRUCTION, INC. 120 W. ALLEN ST. MECHANICSBURG, PA 17055 Defendant Court of Common Pleas No. 02-5542 CIVIL TERM In CivilAction-Law To WESTHAFER CONSTRUCTION, INC. You are hereby notified that ERIC J. WELLER, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date NOVEMBER 15, 2002 CURTIS R. LONG Prothonotary Deputy Attorney: Name: NATHAN W. KARN, ESQUIRE Address: 401 ALLEGHENY STREET P O BOX 415 HOLLIDAYSBURG, PA 16648 Attorney for: Plaintiff Telephone: 814-695-7581 Supreme Court ID No. 86068 n,~ u'nN~ INSTRUCTIONS TO: PROTHONOTARY- Kindly file the attached Praecipe for Writ of Summons. A check in the amount of $55.50 is attached to cover your filing fee. TO: SItERIFF- Kindly make service of the attached Writ of summons upon the Defendant, Westhafer Construction, Inc., at 120 W. Allen St., Mechanicsburg, PA 17055. Check for advance service costs of $100 is attached. FROM: Nathan W. Karo, Esq. EVEY, ROUTCH, BLACK, DOREZAS, MAGEE & LEVINE LLP 401 ALLEGHENY STREET, P.O. BOX 415 HOLLIDAYSBURG, PA 16648-0415 (814)-695-7581 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAiqD WELLER ERIC J VS WESTHAFER CONSTRUCTION INC KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WESTHAFER CONSTRUCITON INC the DEFENDANT , at 1137:00 HOURS, on the 20th day of November , 2002 at 120 W ALLEN ST MECHANICSBURG, PA 17055 by handing to JILL PROPPS, OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this i? v day of k ~,, ~ .~,~' ~ 12~ A.D. / /Prothonotary; So Answers: R. Thomas Kline 11/21/2002 EVEY ROUTCH BLACK DOREZAS MAG /7 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC J. WELLER, Plaintiff VS. WESTHAFER CONSTRUCTION, INC., Defendant Civil Division No. 02-5542 Civil Term Type of Pleading: Complaint Filed on Behalf of Plaintiff Counsel of Record for this Party: Nathan W. Karn, Esq. Pennsylvania I.D. No: 86068 Evey, Routch, Black, Dorezas, Magee & Levine LLP P.O. Box 415 401 Allegheny Street Hollidaysburg, PA 16648-0415 (814) 695-7581 ERIC J. WELLER, Plaintiff · VS. WESTHAFER CONSTRUCTION, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-5542 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 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 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. 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. Court Administrator 4th FI., Cumberland County Court House Carlisle, PA 17013 Phone: (717) 240-6200 EVEY, ROUTCH, BLACK, DOREZAS, MAGEE & LEVINE LLP By:// Nathan W. Karn, E~q. ' ~' Attorney for Plaintiff 401 Allegheny St., P. O. Box 415 Hollidaysburg, PA 166,48 (814) 695-7581 Pa. I.D.# 86068 ERIC J. WELLER, Plaintiff VS. WESTHAFER CONSTRUCTION, INC., · Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-5542 Civil Term COMPLAINT AND NOW, comes the Plaintiff, Eric J. Weller, by and through his attorneys, Evey, Routch, Black, Dorezas, Magee & Levine LLP, and files the following Complaint: 1. Plaintiff, Eric J. Weller, is an adult individual residing at 15044 Buck Valley Road, Warfordsburg, Fulton County, Pennsylvania 17267-8507. 2. Defendant, Westhafer Construction, Inc., is a corporation with business offices at 120 W. Allen Street, Mechanicsburg, Cumberland County, Pennsylvania 17055-6203. 3. On or about June 17, 2001, Plaintiff was the owner of a 1996 Chevrolet Cavalier Z24 motor vehicle which was involved in the accident described herein. 4. On that date, Defendant was the owner of a 199!5 Chevrolet Van motor vehicle which was involved in the accident described herein. 5. On the aforesaid date, at approximately 5:45 p.m., Plaintiff's vehicle was parked in a careful, lawful and prudent manner in the parking aree between Park-N-Dine and the liquor store in Hancock, Maryland. On the aforesaid date and time, an individual known only as "Woody" was operating the motor vehicle owned by Defendant, Westhafer Construction, Inc., in a careless, reckless and negligent manner in the parking area between Park-N-Dine and the liquor store in Hancock, Maryland. 7. It is believed, and therefore averred, that at all times relevant hereto, an individual known only as "Woody", was acting as the agent, servant and/or employee of Defendant, Westhafer Construction, Inc., and was then and there engaged in and upon the performance of his duties within the scope of this authority and in the course of the business of Defendant, Westhafer Construction, Inc. 8. As the motor vehicle owned by the Defendant and being operated by "Woody" approached Plaintiffs vehicle, said motor vehicle, suddenly and without warning, carelessly, negligently and recklessly came into violent contact and collision with right side of the motor vehicle of the Plaintiff, causing damages as more specifically set forth below. 9. The motor vehicle of the Plaintiff was damaged solely, directly and entirely as a result of the aforesaid collision in the amount of $1,072.93, being less than the fair market value of the motor vehicle of the Plaintiff at the time of the collision. COUNT I PLAINTIFF V. WESTHAFER CONSTRUCTION, INC. 10. Paragraphs 1-9 are incorporated by reference herein as if the same had been set forth at length. 11. The aforesaid accident was directly and proximately caused by the carelessness, recklessness and negligence of the Defendant and its driw~r, "Woody", which consisted of the following: a. Failing to have the motor vehicle under proper, adequate, and reasonable control under the circumstances and conditions then and 'there existing; b. Operating his motor vehicle at an excessive rate of speed under the circumstances; c. Operating the motor vehicle without due regard for the right, safety and position of the motor vehicle of the Plaintiff at the time and place aforesaid; d. Failing to see and observe the motor vehicle of the Plaintiff in sufficient time to avoid the damages to said motor vehicle of the Plaintiff:; e. Being inattentive and disregarding the condition and circumstances then and there existing; f. Operating a motor vehicle in such a way as to negligently and carelessly collide with the motor vehicle of the Plaintiff; g. Failing to take evasive action in order to avoid impacting with Plaintiff's vehicle; h. Failing to apply his brakes in sufficient time to avoid striking Plaintiff's vehicle; i. Failing to operate his vehicle in such a manner so as to be able to stop within the assured clear distance ahead in violation of Pa. 75 C.S.A.§3361; j. Driving his vehicle with careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. §3714; k. Violating the laws and statutes of the Commonwealth of Pennsylvania pertaining to the control of speed, management, and operation of the motor vehicle in the Commonwealth. WHEREFORE, Plaintiff claims damages of Defendant in the amount of One Thousand Seventy-Two and 93/100 ($1,072.93) Dollars, together with interest plus costs of suit. Respectfully Submitted, EVEY, ROUTCH, BLACK, DOREZAS, MAGEE & LEVINE LLP PA I.D. # 86068 401 Allegheny Street Hollidaysburg, Pennsylvania (814) 695-7581 VERIFICATION The undersigned, ERIC J. WELLER, avers that the statements of fact contained in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and are made subject to the penalties of 18 Pa. Con. Stat. Ann. Section 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the ,~-~ day of o,/~-"~/z/~'~ , 2003, by United States Mail, First Class, postage prepaid, addressed to the following: Westhafer Construction, Inc. 120 W. Alien Street Mechanicsburg, PA 17055 EVEY, ROUTCH, BLACK, DOREZAS, MAGEE, & LEVINE LLP Attorney for Plaintiff ERIC J. WELLER, VS. Plaintiff WESTHAFER CONSTRUCTION, INC., · Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-5542 Civil Term PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter Judgment in favor of the Plaintiff and against the Defendant in the above-captioned matter, for fail u re to appear or file an Answer within twenty (20) days from the date of service of the Complaint; and damages in the amount of $1,072.93, together with costs and interest. I certify that written notice of intention to file this praecipe was mailed to Defendant after the default had occurred and at least ten days prior to the date of the filing of this praecipe. In addition, I certify that Notice of Assessment of Damages, along with Appraiser's Affidavit and Repair Estimate were sent to the Defendants at least ten days prior to filing this praecipe. Copies of the notices are attached. EVEY, ROUTCH, B~ACK, DOREZAS, r~AGEE & LEVINE LLP /~Na~han W. Karn, Esquire Attorney for Plaintiff Pa. I.D.# 86068 401 Allegheny Street P.O. Box 415 Hollidaysburg, PA 16648 AND NOW, this Prothonotary ,2003, Judgment is entered as above. · Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery Is desired. · Print your name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if spacepermlts. 1. Article Add _re~___~d to: l C) 60. Zge4 . ' 1 IB. Recetved,by(PrintedNarne) r JC. DeteofDel~ I D."'Is dellve~Y addm~ d~ f~om'itern '~ f aY.'"' If YES, enter delive~j address below: [] No [] Insured Mail [] Return Receipt for Merchandlee [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number PS Form 3811, August 2001 7002 0460 0000 9491 1966 EVEY, KOUTCH, BLACK, DOKEZA$, MAGEE MAE. ION D. P~T'FEP,-5OI',.I, JR.. 1926-1978 JAM. E3 5. R. OUTCH CLYDE O. BLACK, [I BE'NJ.AMI3q I. LEVIlqE, J- MICI-IAEL DOR. EZ~$ MICI-{AEL B. MAGEE · a~v~Y OP,.R ROSENSTEEL MICHAEL P. I~OUTCH ICATI-[Y J. M. AUK '~-/ILLIAM 1~. BR. Ei~IIqER BRADLEY D. ALLI50~,I NATHAN [ K~l~N MEI~LE K. EVE¥ OF COUNSEL ATTOR. NEY$ AY ~N~' 401-O3 ALLECHENy STREET P, O. BOX 415 HOLLIDA¥$BUKC, ?ENNSY'LVAN IA 16648- 0415 (8J43 695-~581 F~ (814) 695-1~50 WWW. eve$r outc h.com LEV1NE LLP March 5, 2003 R-OA]R-I~TG SPR. ING OFFICE P.O. BOX 5 ~0~ D~WE 16673 (814) 224-5162 BEDFORD OFFICE 102 ~ PENN S~EET SUITE t BEDFOKD, PA 15522 F~ (814) 623-8740 s,v,/'KI'rEK'8 DIP~ECT' DIAL: "CERTIFIED MALE, RETURN REGEIPT rEQUESTED" Westhafer Construction I nc 120 W Allen Street Mechanicsburg PA 17055-6203 In re: Weller v. Westhafer Construction, Inc. To Whom It May Concern: Enclosed please find a Notice of Assessment of Damages which we intend to enter against you as provided in the Notice, an Appraiser's Affidavit showing the amount of damages incurred in this case, and a repair estimate. NWK:dkb Enclosures Slncerely, . ,. // 'Nathan W. Karn ERIC J. WELLER, Plaintiff VS. WESTHAFER CONSTRUCTION, INC., · Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO...02~5542 Civil Term TO: WESTHAFER CONSTRUCTION INC 120 W Allen Street Mechanicsburg PA 17055-6203 DATE OF NOTICE: January 28, 2003 IMPORTANT NOTICE 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 WITH!N 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: Court Administrator 4th FI., Cumberland County Court House Carlisle, PA 17013 Phone: (717) 240-6200 EVEY, ROUTCH, BLACK, DOREZAS, MAGEE & LEVINE LLP Pa. I.D.#86068 Attorney for Plaintiff 401 Allegheny Street P. O. Box 415 Hollidaysburg, PA 16648 (814) 695-7581 ERIC J. WELLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL DIVISION WESTHAFER CONSTRUCTION, INC. Defendant NO. 02-5542 Civil Term- NOTICE OF ASSESSMENT OF DAMAGE~ You are hereby notified that in ten (10) days from the mailing of this Notice, damageS Will be assessed against yOu in the amount indiCated in the attached Repair Bill in connection with the judgment which will be entered against you in the above- captioned action unless, prior to the date of assessment, you request a trial on the issue of damages by filing a written Praecipe with the Prothonotary. EVEY, ROUTCH, BLACK, DOREZAS, MAGEE & LEVINE LI'P y ' AT'than W. Karn, Es~l.- Attorney for 'Plaintiff Dated: March 5, 2003 APPRAISER'S AFFIDAVIT STATE OF PENNSYLVANIA cou. AND NOW, this _[{~ day of 'SS :/z..~,~? , 2003, before me, the undersigned authority, personally appeared (/~v(~/'-~4~,,./2~~/' :,~--~-~ - who acknowledged himself/herself to be an employee of State Farm ~nsurance Companies, and that the appraisal attached hereto accurately reflects the damages which were sustained to motor vehicle owned by Eric J. Weller. I certify that these repairs were necessary, and that the prices for labor and material were fair and reasonable and those customarily charged. The undersigned also states that he/she has experience in the appraisal of automobiles for a period of years. Sworn to a.0d subscrib~d before me /' - ' ' -~otaryPublic My Commission Expires: 08/31/2001 AT 02:29 PM 61574 JOB NlJlVlBER: 121 BAILD'S COLLISION CENTER FEDERAL ID %:232331816 **WHERE QUALITY WORK IS NO. ACCIDEN~&* 6583 'GREAT COVE RD - '' (717j NEEDMORE mA m7238 573-14244 F~X: (717)57'3-2487 : ' SUPPLEMENT OF RECORD 1 WITH SI3NP4ARy WRITTEN BY: ROBERT [ PUD ] HIXON, JR #220728 08/31/2001 02:29 PM ADJUSTER: TEAM THREE CLAIM RE # INSURED: ERIC WELLER OWNER: ERIC WELLER ADDRESS: 15044 BUCK VALLEY RD WA~FORDSBURG, PA 17267 DAY: (717) 294-3601 FA_X: (717) 697-6307 - INSPECT LOCATION: CLAIM #38-J737-04401 .POLICY # DEDUCTIBLE: 250.00 ' DATE OF LOSS: 06/17/2001 AT 05:45 PM TYPE OF LOSS: COLLISION POINT OF IMPACT: 4. RIGHT QUARTER p INSURANCE STATE FARM INSUP3_NCE COMPANIES COMPANY: DAYS TO REPAIR 1996 CHEV CAVALIER Z24 4-2.4L-FI 2D GRN INT: VIN: 3GIJF12TOTS843363 LIC: PROD DATE: AIR CONDITIONING TILT WHEEL BODY SIDE MOLDINGS CLEAR COAT PAINT POWER BRAI<ES PASSENGER AIRBAG RECLINE/LOUNGE SEATS TINTED GLASS FOG LAMPS ~OWER STEERING DRIVER AIRBAG BUCKiET SEATS ODOMETER: INTERMITTENT WIPERS DUAL MIRRORS METALLIC PAINT ANTI-LOCK BRAtCES (4) 'CLOTH SEATS ALUH!NUMWHEELS NO. OP. DESCRIPTION 1# S01 '** FINAL ESTIMATE 1 2# SOl 3 5 7* 8 10' 11 12 13 14 15 17# QTY EXT. PRICE LABOR 1 18.00 0.3 12.0' 1.3 0.3 0.3 0.3 **AUTHORIZATION TO PAY SECURED QUARTER PANEL R&i FUEL DOOR REFN FUEL DOOR ADD FOR CLEAR COAT RPR RT QUARTER PANEL 'ADD FOR CLEAR COAT REAR BUMPER RPR COVER R&! R&I REAR BUMPER BUMPER ASSY REAR LAMPS R&! RT TAlL LAMP OUTER ELECTRi CAL R&I ANTENNA MAST REFN FLEX ADDITIVE REPL PINSTRIPE-TAPE PAINT 0.3 0.1 2.2 0.9 2.2 0.5 OP." " DESCRIPT!dN - 1'8# ', REFN CoRRosIoN PROTECTION· 19# REFN TINT COLOR 20# CLEAN FOR DELII/ERy 21# COVER EXTP. RIOR 22 # HAZA_RD~}US WASTE REMOVAL 23~ MASK JAMS 08/31/2001 AT 02:29 PM 61574 SUPPLEMENT OF RECORD i WITH SUMPLARY 1996 CHEV CAVALIER Z24 4-2.4L-FI 2D GRN INT: QTY EXT. PRICE LABOR -LINE 7 SUBTOTALS ==> : TIME INC WHEELHOUSE JOB NIIMBER: 121 PAINT 1 0.3 1 3.00 0.2 1 2 .00 1 0.2 '' 0.5 0.5 23 00 15.5 ~.9 PARTS BODY LABOR PAINT LABOR PAINT SUPPLIES 23.00 15 5 HRS eS 38 00/HR = a ' · ~8~.00 6.9 HRS @$ 38.00/HR 262.20 6.9 HRS @$ 20.00/HR 138.00 SUBTOTAL SALES TAX $ 1012.20 @ 6.0000% GRAND TOTAL $ 1012.20 60.73 ADJUSTMENTS: DEDUCTIBLE $ 1072.93 250.00 CUSTOMER PAY INSLrRAlqCE PAY - $ 250.00 ;:' $ 822.93 BARD'S COLLISION CENTER AGREES TO PREFORM REPAIRS TO R:ESTORE VEHICLE TO.ITS PRELOSS CONDITION RELATIt~ TO SAFETY, FUNCTION ~XTO APPEAi~-CE ~ND TO WAI%~'ANTY WORK,CAlaSH!p, INCLUDING REFINISHING IN WRITING, FOR A PERIOD OF ONE YEAR FROH DATE OF COMPLETION. ' ~OWEVER, WE DO NOT WARPJINTY OR GUARANTEE ANY RUST REPAIRS TO ~knf VEHICLE. 2 08/31/2001 AT 02:29 PM ' 61574 JOB NUMBER: 121 SUPPLEMENT OF RECORD 1 WITH SUMNLARY 1996 CHEV CAVALIER Z24 4-2.4L-FI 2D GRN INT: A_NY PERSON .WHO KNOWINGLY AND. WITH INTENT TO DEFRAUD'ANY IHSURA_NCE COMPANY OR OTHER PERSON FILES A-N-APPLICATION'-FOR tNSUILANCE OR STATEMENT oF CLAIM CONTAINING A/IFf. MATERIALLY-FALSE. INFOR/VLATION OR .CONCEALS FOR -THE PURPOSE OF MISLEADING, INFOPdVLATION. CONCERNING A_NY FACT MATERIAL 'THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME ANID SUBJECTS THE PERSON TO CRIMINAL _AND CIVIL PENALTIES. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: D=DISCONTINUED PART A=APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURA_L T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS A-DJ=ADJACENT ALGN=ALIGN A/M=AFTERNLA_~KET BLNID=BLEND CAPA=CERTIFIED AUTO PARTS ASSOCIATION D&R=DISCONNECT. AINU RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-A_DJ=NON ADJACENT O/H=OVERPLALTL OP=OPENATION NO=LINE NUMBER QTY=QUANTITY QUAL REC~=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART RECONTD=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ #=MANUAL LINE ENTRY *=OTHER [IF..MOTORS DATABASE INFORMATION W~S CHAN~ED] **=DATA_BASE LINE WITH AFTER~VLARKET N=NOTES ATTACHED TO LINE ' NAGS=NATIONAL AUTOMOBILE GLASS SERVICE. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO P I ~T~IA}_T ~T~HE_ VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP ~-~±~ ~Er~z~ ~'~CiLITiES WHTCU ~r~ ~ ............ - INFORMATION ....... ~ ~. z~_~, ~u ~FAIR.' THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM THE INSUI~_ANCE COMPANY. IF USED PARTS _ARE SPECIFIED, THEY ARE REOUiRED TO BE OF LIKE KIND ~ QUALITY TO THOSE BEING REPLACED. ~ ±Pr±'±~3N, BATTERY AND TIRE REPLACEMENT i~tE NOTED WHHN APPLICAt~LE. ESTIMATE BASED ON MOTOR CRASH ESTIMATING GUIDE. UNLESS OTPIERWiSE NOTED ALL ITEMS ARE DERIVED FROM THE GUIDE DR1CLS5 DATABASE DATE 8/2001 AND THE PARTS SELECTED ARE OHM-PARTS NLANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT NLAI~JFACTURER. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AN-D/OR LABOR INFORMATION PROVIDED BY MOTOR HAY HAVE BEEN MODIFIED OR MAY HAVE COMP. FROM AN- ALTERNATE DATA SOURCE. NON-ORIGINAL EQUIPMENT NLA-NIIFACTIIRER AFTERMARKET PARTS ARE DESCRIBED AS AM OR QUAL REPL PARTS. DESCRIBED AS LKO USED PARTS ARE QUAL RECY PA-eTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECO~{ RECORED PARTS A~qE DESCRIBED AS RECORE. NAGS PART NI/HBERS A_NrD PRICES ]L~E PROVIDED FROM NATIONAL AUTO GLASS SPECIFICATIONS, INC. POUND SIGN {#) ITEMS INDICATE HANIiAL ENTRIES. PATHWAYS - A PRODUCT OF CCC !NFORNLAT!ON SERVICES INC. 08/31/2001 AT 02:29 PM 61574 JOB NI/MBER: 121 SUPPLEMENT OF RECORD 1 WITH SUlV~y 1996 CHEV CAVALIER Z24 4-2.4L-FI 2D GRN IRT: · OP. ~ESCRIPTION QTY EXT.-PRICK LAB'OR PAINT ' ADDED ITEMS 1# S01 ** FINAL'ESTIMATE ! 2# S01 **AUTHORIZATION TO PAY SECURED 1 SUBTOTALS ==> 0.00 0.0 0.0 PARTS 0.00 INSURANCE PAY $ 822.93 BARD'S COLLISION CENTER AGREES TO PREFORM ~EPAIRS TO RESTORE VEHICLE TO ITS PRELOSS CONDITION RELATIVE TO SAFETY, FUNCTION AiYO APPEA/%ANCE AND TO WA~P_A_NTY WORKNLANSHIP, INCLUDING REFINISHING, IN WRITING FOR A PERIOD OF ONrE YEAR FROM DATE OF cOMPLETION. , HOWEVER, WE DO NOT WA/~RANTy OR GUARANTEE ~xrf RUST REPAIRS TO ANY VEHICLE. SU~TOT.~L ' - $ · -o.oo ESTIMATE 1072.93 ROBERT [ pUD ] H!XON, JR SUPPLEMENT Si 0.00 ROBERT [ pUD ] HIXON, JR ~ JOB TOTAL $ 1072.93 CUSTOMER PAY $ 2S0.00 08/31/2001 AT 02:29 PM ' ' '- " 61S74 JOB ~RIMBER: 121 SUPPLEMENT OF RECORD 1 WITH SUMMARY 1996 CHEV CAVALIER Z24 4-2.4L-FI 2D GP/q IHT: ' ANY PERSON WHO _KNOWINGLY AND WITH INTENT TO DEFPsXUID ANY INSURANCE C. OMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM ..CONTAINING ANY NL~TERIA_LLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEAsDING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A PP, AUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL A/kID CIVIL PENALTIES.~ THE FOLLOWING IS A LIST OF ABBREvIATioNS OR SYMBOLS THAT MAy BE USED TO DESCRIBE WORK-TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: D=DiSCONTiNrG~ED PART A=APPROXiMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTUPJLL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANIEOUS ADJ=ADJACENT ALGN=AIIGN A/M=APTERNLARKiET BLND=BLEND CAPA=CERTIFIED AUTO PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIP. D BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-AIDJ=NON ADJACENT O/H=OVERHAUL OF=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART RECONID=RECONDITiON REFN=RP. FINISH REPL=REPLACE R&i=REMOV~ AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABAS~ INPORNBXTION W~S CHAN~ED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED- TO LINE ' NAGS=NATIONAL AUTOMOBILE GLASS SERVICE. THE ATTACHED ESTIMATE REPRESENTS ANT APPP-AISAL OF THE COST OF REPAIR FOR THE VISIBLE DA/WAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDA~_AGED CONDITION. COSTS ABO,VE THE APPPuX!SED AMOUNT MAY BE THE RP'SPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFOPdVBXTION REGARDING REPAIR FACILITIES WHICH WILL BE ABLP. TO REPAIR'~'THE VEHICLE FOR THE APPRAISED ~-MOU-NT _~g~y BE AVAILABLE FROM THE INSUN_A2{CE COMPANrf. IF USED PARTS ARE SPECIFIED, THEy ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTItPE CARE, CUSTODY, STOPAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. ESTIMATE BASED ON MOTOR CP3_SH ESTIMATING GUIDE. UNLESS OTHERWISE NOTED ALL iTEMS _ARE DERIVED FROM THE GUIDE DR!CLg5 DATABASE DATE 8/2001 AND THE PARTS SELECTED ARE OEM-PARTS MANIUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT NL~NIIFACTURER. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFONiVtATIoN PROVIDED BY MOTOR MAy HAVE BEEN MODIFIED OR MAY HAIXE COME FROM AN ALTERNATE DATA SOURCE. NON-ORIGINAL EQUIPMENT MANUFACTURER AFTER~'~%R~iET PARTS ARE DESCRIBED AS AI'~ OR QUAL REPL PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUA_L RECY PARTS, RCY, OR USED. RECONDITION-ED PARTS A_RE DESCRIBED AS RECON. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS .PART NIIMBERS A37D PRICES 'ARE PROVIDED FROM NATIONAL AUTO GLASS SPECIFICATIONS, INC. POUND SIGN (#) ITEMS 'INDICATE MANUAL ENTRIES. PATHWAY~ - A PRODUCT OF CCC INFORMATION SERVICES INC. 08/31/2001 AT 02:29 PM 61574 SUPPLEMENT OF' RECORD 1 WITH SUMMARY 1996 CHEV CAVALIER Z24 4-2.4L-FI 2ID GP~N INIT: · - .ALTERNATE PARTS USAGP, AFTERMARKET PARTS' JOB NUMBER: 121 AFTERNLAtKET SELECTION METHOD: NO. OF TIMES USER WAS NOTIFIED THAT AN AFTERMARKET PART WAS AVAILABLE: NO' OF APTERIMARKET P-ARTS THAT APPEAR IN THE FINAL ESTIMATE: AUTOMATICALLY'LiST 0 0 6 ERIC J. WELLER, VS. Plaintiff WESTHAFER CONSTRUCTION, INC., · Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-5542 Civil Term COMMONWEALTH OF PENNSYLVANIA . COUNTY OF BLAIR · SS Personally appeared before me, a notary public in and for said Commonwealth and County, NATHAN W. KARN, ESQUIRE, of the firm of Evey, Routch, Black, Dorezas, Magee & Levine LLP, attorney for the Plaintiff, who being duly sworn according to law deposes and says that he mailed notice of default judgment and notice of assessment of damages to the above-captioned Defendant, Westhafer Construction, Inc., in accordance with Pennsylvania Rules of Civil Procedure 237· 1 and 1037· yN~th~n ~'. Karn, Esquire Sworn to and subscribed before me this / ~' day of (~(.._ ,2003. Notary Public My~com.~ NOTARIAL SEAL DORINDA K. BRUBAKER, NOTARY PUBLIC Hollidaysburg Boro, Blair County, PA My commission Expires December 29, 2003 Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ]~TC .7. WESTHAFER WEILER, Plaintiff VS. CONSTRUCTION, INC. Defendant ( ) Confessed Judgment ( ) Other File No. (]~,.-5542 Civil Term Amount Due -$1,072.93 Interest Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. IssUe writ of execution in the abOve matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) Kindly levy on all money and personal property found to satisfy judgment. PRAECIPE FOR A'I-I'ACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 4/24/03 Signature: Print Name: Address: 401 Allegheny St., P.O. Box 415 Ho]lidaysburg~ PA 16648 Plaintiff (814) 695-7581: Attorney for: Telephone: Supreme Court ID No.: 86068 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ERIC J. WELLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL DIVISION WESTHAFER CONSTRUCTION, INC., Defendant : NO. 02-5542 Civil Term PRAEClPE FOR WRIT OF EXECUTION To the Prothonotary: Issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Westhafer Construction, Inc., Defendant; (3) and index this writ (a) against Westhafer Construction, Inc., Defendant (4) Amount due $1,072.93 [Costs to be added by Sheriff] $ EVEY, ROUTCH, BLACK, DOREZAS, MAGEE & LEVINE LLP Attorney for Plaintiff Pa. I.D.#86068 401 Allegheny St. Hollidaysburg, PA 16648 (814) 695-7581 INSTRUCTIONS TO: PROTHONOTARY- Kindly file the attached Praecipe for Writ of Execution and forward Writ to Sheriff for service. A check in the amount orS 15.00 is attached to cover your filing fee. TO: SHERIFF- Kindly make service of the attached Writ of Execution upon the Defendant, Westhafer Construction, Inc., at 120 W. Allen St., Mechanicsburg, PA 17055. Kindly levy on all money and personal property found to satisfy judgment. Check for advance service costs of $150.00 ts attached. FROM: Nathan W. Karo, Esq. EVEY, ROUTCH, BLACK, DOREZAS, MAGEE & LEVINE LLP 401 ALLEGHENY STREET, P.O. BOX 415 HOLLIDAYSBURG, PA 16648-0415 (814)-695-7581 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18}00 Poundage 21.46 Advertising Law Library ~50 Prothonotary 1.00 Mileage 6.90 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL $ 87.86 Pd by Defendant Sworn and Subscribed to before me this q ~ day of ~ proqhonotar~ ~.~Thomas Kline, Sheriff Claudia A. Bre~'~a~~t ( WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5542 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ERIC J. WELLER, Plaintiff (s) From WESTHAFER CONSTRUCTION, INC., 120 W. ALLEN ST., MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL MONEY AND PERSONAL PROPERTY FOUND TO SATISFY JUDGMENT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,072.93 Interest Atty's Comm % Atty Paid $116.90 Plaintiff Paid Date: APRIL 29, 2003 (Seal) REQUESTING PARTY: Name NATHAN W. KARN, ESQUIRE Address: 401 ALLEGHENY ST., P. O. BOX 415 HOLLIDAYSBURG, PA 16648 Attorney for: PLAINTIFF Telephone: 814-695-7581 Supreme Court ID No. 86068 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy ATTORNEY Nathan Karn WRIT NO. 2002-5542 Civil Eric J. Weller vs Westhafer Construction, Inc. DISTRIBUTION Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1072.93 116.90 $ 1189.83 Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy Defendant Paid to Sheriff $ 18.00 21.46 .50 1.00 6.90 20.00 20.00 $ 87.86 $ 1277.69 Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary 1189.83 150.00 1.50 150.00 $ 1427.69 So Answers: · Thomas Kline, ~heriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5542 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ERIC J. WELLER, Plaintiff (s) From WESTHAFER CONSTRUCTION, INC., 120 W. ALLEN ST., MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL MONEY AND PERSONAL PROPERTY FOUND TO SATISFY JUDGMENT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,072.93 Interest L.L. $.50 Atty's Comm % Due Prothy $1.00 Atty Paid $116.90 Other Costs Plaintiff Paid Date: APRIL 29, 2003 (Seal) REQUESTING PARTY: Name NATHAN W. KARN, ESQUIRE Address: 401 ALLEGHENY ST., P. O. BOX 415 HOLLIDAYSBURG, PA 16648 Attorney for: PLAINTIFF Telephone: 814-695-7581 Supreme Court ID No. 86068 CURTIS R. LONG Prothono~ Deputy