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HomeMy WebLinkAbout07-2488 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDLER ROOFING SERVICES, INC., : CIVIL ACTION - LAW Plaintiff V. No. qpSTEVEN E. WESTHAFER, Defendant NOTICE TO DEFEND a THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDLER ROOFING SERVICES, INC., : CIVIL ACTION - LAW Plaintiff , V. No. STEVEN E. WESTHAFER, , Defendant AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OSTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telefono No. (717) 249-3166 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDLER ROOFING SERVICES, INC., : Plaintiff V. STEVEN E. WESTHAFER, Defendant CIVIL ACTION - LAW No. 6.7 - Q?yPe' COMPLAINT 01 AND NOW, TO WIT, this 270' day of April, 2007, comes Plaintiff, Heidler Roofing Services, Inc., by its attorneys, CGA Law Firm, and files the within Complaint as follows: 1. Plaintiff, Heidler Roofing Services, Inc. is a Pennsylvania corporation with a business office at 1377 Spahn Avenue, York, Pennsylvania 17403. 2. Defendant, Steven E. Westhafer, is an adult individual who resides at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania 17050-1638. 3. Plaintiff provides roofing and construction services. 4. Defendant contracted verbally with Plaintiff to install copper roofing on the upper and lower tower turrets, install custom fabricated copper finials on the turrets, and to repair 4 to 5 square of damaged shingles at the property owned by Defendant at Glendale Drive, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania (Tax Parcel Number: 38-05- 0435-011). 5. Plaintiff completed the work on November 3, 2006. 6. The total owed to Plaintiff for the contract is $21,628.28. This includes finance charges at 1.5% per month. COUNT I - BREACH OF CONTRACT 7. Plaintiff incorporates the preceding paragraphs as though fully set forth herein. 8. Plaintiff performed and completed the work based upon the aforementioned contract with no complaints from Defendant. 9. On October 31, 2006 and December 14, 2006 Plaintiff submitted invoices to Defendant for services rendered for a total price of $20,452.00. A copy of each invoice is attached hereto and incorporated by reference herein as Exhibit "A". 10. Defendant has failed and refused to make payment. 11. Defendant has breached his contract with Plaintiff by failing to pay for services rendered pursuant to the contract. 12. As a result of Defendant's breach of contract, Plaintiff has suffered damages including the following: a. The total due and owing of $21,628.28; and b. Interest at the statutorily prescribed rate from the time payment was withheld after it became the duty of Defendant to make such payment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in an amount not exceeding the arbitration limit of this jurisdiction, plus interest, attorneys' fees and any other relief that this Honorable Court may deem just and equitable. COUNT II - UNJUST ENRICHMENT 13. Plaintiff incorporates the preceding paragraphs as though fully set forth herein. 14. Defendant has received the roofing services as outlined herein from Plaintiff and failed to make payment for same. 2 (00191274/1) 15. As a result of Defendant's actions, he has been unjustly enriched through the receipt of the aforementioned roofing services without making payment for same. 16. As a result of Defendant's unjust enrichment, Plaintiff has suffered damages, including the following: a. The total due and owing of $21,628.28; and b. Interest at the statutorily prescribed rate from the time payment was withheld after it became the duty of Defendant to make such payment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in an amount not exceeding the arbitration limit of this jurisdiction, plus interest, attorneys' fees and any other relief that this Honorable Court may deem just and equitable. COUNT III - PROMISSORY ESTOPPEL 17. Plaintiff incorporates the preceding paragraphs as though fully set forth herein. 18. Defendant promised to pay Plaintiff for the aforementioned roofing services. 19. In so doing, Defendant intended that Plaintiff rely on Defendant's promises. 20. Plaintiff did, in fact, reasonably rely on Defendant's promises by providing the roofing services as requested by Defendant. 21. As a result of Defendant's unjust enrichment, Plaintiff has suffered damages, including the following: a. The total due and owing of $21,628.28; and b. Interest at the statutorily prescribed rate from the time payment was withheld after it became the duty of Defendant to make such payment. 3 (00191274/1) WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in an amount not exceeding the arbitration limit of this jurisdiction, plus interest, attorneys' fees and any other relief that this Honorable Court may deem just and equitable. CGA Law Firm By: C S Cr g S. Sharnetzka, Esquire Supreme Court I.D. No. 83863 135 North George Street York, Pennsylvania 17401 (717) 848-4900 telephone (717) 843-9039 facsimile Attorneys for Plaintiff 4 (0019127411) VERIFICATION] I hereby affirm that the following facts are correct- The attached Complaint is based upon information which has been furnished to counsel in the preparation of this document. The language of the Complaint is that of counsel and not mine. I have read the Complaint and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification- I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint are subject to the penalties of 18 Pa_ C.S. § 4904 relating to unswom falsification to authorities. HEIDLER ROOFING SERVICES, INC. Date: ?-7 6 By: Mic 1 C. Heidler, President IW191_1VI1 '11/2006 IIF:11)l YP ROl,l'INC SF:RVIC1.4; 1177 IWAI IN AVE YOkK PA 17:113 MR STEVE WESTHAFER 120 lk. ALLEN ST %4ECI-IANJCS KlRG, PA 17055 Invoice Number 4877 Invoice Dllc 1013112006 Customer Number WESTHS Job Number 11462 Due Date 11/10/2006 MR STEVE WESTIIAFER GL ENDALE DR MECHANICSBURG PARTIAL BILLING FOR WORK COP-1PLETED THROUGI-I 10/27/06 fOR THE STANDING SEAM COPPER ROOFING AND FINIALS. 15,617.00 - ----------------------------- GROSS T3ILLINGS 15,617.00 ----------------------------- NET BILLINGS 1.5% PER MONTH FT-NANCE CHARGE WT•LL 15,617.00 BE ADDED TO T\VOICES OVER 30 DAYS. Q m W 1.1,, 2006 111ai)I.FR R(? w1w; sFRvIC1.;S 1177SPAIINAVE Y()kh l'q 17.11)1 MR STFVr kYl STHAFFR WE-STHAFER CONSTRUCTI 1 18 W ALI-EN ST ML-CHANICSBURG, PA 17055 FINAL BILLING FOR R'OPP, COMPLETFnAS REQUESTED. MR STEVE WESTH.APER GLENDALE DR MECJJA;`IICS.BURG 4,835.00 GROSS BILLINGS : ---- --- --- ---------------- 4,835.00 NET BfLLP.\'GS : ---- ------- - -- 1.5%.PER MONTH FINANCE CHARGE WILL 4,835.40 BF ADDED TO MV01CL-S OVER 30 DAPS. b-oice Number 4931 Invoicc Dare 12/14/2006 Customer Number WESTHS Job Number 11462 Duc Date 12/2412006 N V V G F ?i C:? u? 0 iU C»a7 Cal e Q Z :n t "E C HEIDLER ROOFING SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. . No. 07-2488 Civil Term STEVEN E. WESTHAFER, Defendant CERTIFICATE OF SERVICE I hereby certify that on this date Notice of Praecipe to Enter Judgment by Default (a copy of which is attached hereto) was served upon the Defendant in the manner indicated below: FIRST-CLASS MAIL, POSTAGE PREPAID THEREON, ADDRESSED AS FOLLOWS: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050-1638 CGA Law Firm By: C g S. Sharnetzka, squire Dated: May 31, 2007 w HEIDLER ROOFING SERVICES, INC., Plaintiff V. STEVEN E. WESTHAFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No. 07-2488 Civil Term NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Steven E. Westhafer, Defendant 71 Silver Crown Drive Mechanicsburg, PA 17050-1638 Date of Notice: May 31, 2007 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 WITHIN TEN 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 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 CGA Law Firm By:_Cs. Sa_?_ Cr S. Sharnetzka, Esquire 139orth George Street York, PA 17401 (717) 848-4900 cc Heidler Roofing Services, Inc. 0 £7"i f r' Ff'1 C.? .{ ..f w wry I A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HEIDLER ROOFING SERVICES, INC., CIVIL ACTION - LAW Plaintiff V. : No. 07-2488 Civil Term STEVEN E. WESTHAFER, Defendant PRAECIPE FOR JUDGMENT Enter judgment in favor of Plaintiff and against Defendant for failure to enter an appearance and/or file an Answer regarding the above-captioned action: (X) Assess damages as follows: Debt ....................................... $21,628.28 Interest from 4/30/07 to 6/12/07 @6%$ 156.64 Docket costs .............................. $ 131.06 Attorney's Commission ..................$ 2,000.00 TOTAL .................................... $23,915.98 ( ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( ) Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: June 12, 2007 -S Cr ' S. Sharnetzka, Esquire Attrney for Plaintiff 135 North George Street York, PA 17401 (717) 848-4900 Supreme Court No. 83863 NOW, JU A,) IE 2007, JUDGMENT IS ENTERED AS ABOVE. rothonotary/Clerk, Civil i Deputy M "• HEIDLER ROOFING SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. No. 07-2488 Civil Term STEVEN E. WESTHAFER, Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Steven E. Westhafer, Defendant 71 Silver Crown Drive Mechanicsburg, PA 17050-1638 Date of Notice: May 31.2007 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 WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TI IIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE 1-0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 CGA Law Firm By: S. Cr S. Sharnetzka. Esquire 139orth George Street York. PA 17401 (717) 848-4900 cc I Ic idler Roofing, Services. Inc. -10 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HEIDLER ROOFING SERVICES, INC., Plaintiff : CIVIL ACTION - LAW V. STEVEN E. WESTHAFER, Defendant : No. 07-2488 Civil Term : NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $23,915.98 on June _La-, 2007. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ` Prothonotary Civi4Div._ZV71 by: If you have any questions regarding this Notice, please contact the filing party: NAME: Craig S. Shametzka, Esquire ADDRESS: 135 North George Street York, PA 17401 TELEPHONE NO: (717) 848-4900 (This Notice is given in accordance with PA.R.C.P. 236.) Notice sent to: NAME Steven E. Westhafer ADDRESS 71 Silver Crown Drive Mechanicsburg, PA 17050-1638 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02488 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEIDLER ROOFING SERVICES INC VS WESTHAFER STEVEN E STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WESTHAFER STEVEN E the DEFENDANT , at 2105:00 HOURS, on the 9th day of May , 2007 at 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050-1638 by handing to STEVEN WESTHAFER 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 Service Affidavit Surcharge 5A616 T 18.00 10.56 .00 10.00 .00 ? 38.56 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/10/2007 CGA LAW FIRM By: D uty Sheriff of A. D. Jr. Z Caption: HEIDLER ROOFING INC. CIVIL DIVISION PRAECI?E FOR WRIT OF EXECUTION V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. TO THE PROTHONOTARY OF THE The undersigned hereby certi contract, or account based on a confess proceeding filed pursuant to act 7 of V amended. Issue writ' of execution in the ab? County, for debt, interest and costs, upon persanal property of the Defend mt la tut not Limited to, all applianmes, fi PRAECIPE Issue writ of attachment to the,; and costs, as aboveb directing attachment (if real estate, supply six copies of the de and all other Date qty of the defendant(s) :e) Index this writ nt(s) described in 2007 ICES , ? Confessed Judgment ® Other File No. 07-2488 Civil Term Amount Due $21,784.92 Interest fran 6/13/07 to 6/27/07 $53.40 Atty,s Comm $2,000.00 Costs $155.06 1D COURT: that the below does not arise out of a retail installment sale, of judgment, but if it does, it is based on the appropriate original as amended; and for real property pursuant to Act 6 of 1974 as matter to the Sheriff of Cumberland following described property of the defendant (s) ary and all al at 71 Silver Crown Drive, ftba &-sb-irg, PA 17050-1638, incltdirg hare, c do Beare, halsehold goods, electronics (televisions, VCRs, ers , ca mms, , fit and prden eging[a1 ,sports ATTACHMENT EXECUTION of County, for debt, interest .t the above-named garnishee(s) for the following property on; supply four copies of lengthy personalty list) the possession, custody or control of the said garnishee(s). nst the garnishee (s) as a lis pendens against real estate of the attached exhibit. Signature: Print Name: C ig S. Sharnetzka Esquire Address: 135 North George Street York, PA 17401 Attorney for: Plaintiff Telephone: (717) 848-4900 Supreme Court ID No: 83863 r%j -n r Y ,... r.7 r O ''_.- L ; = c r-; n c . Vt 00 G _ a .r?. -% WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2488 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and co is due HEIDLER ROOFING SERVICES, Plaintiff (s) From STEVEN E. WESTHAFER, 71 SILVER CROWN DRIVE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the Iproperty of the defendant (s)and to sell ANY AND ALL PERSON PROPERTY OF HE DEFENDANT LOCATED AT 71 SILVER CROWN DRIVE, ECHANICSBURG, A 17050-1638, INCLUDING BUT NOT LIMITED TO, ALL APPLIANCES, FURNITURE, OOKWARE, HOUSEHOLD GOODS, ELECTRONICS (TELEVISIONS, VCRS, STEREOS, COMPUTERS, CAMCORDERS, DVD PLAYERS), CAMERAS, TELEPHONES, LAWN AND GARDEN EQUIPMENT, SPORTS EQUIPMENT, CASH, JEWELRY, ETC.. (2) You are als 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) attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account o 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 $ 1,784.92 Interest FROM 6/13/07 TO 6/27/07 - Atty's Comm °/ $2,000.00 Atty Paid $157.56 Plaintiff Paid Date: JUNE 28, 2007 (Seal) REQUESTING ARTY: Name CRAIG'S. SHARNETZKA, Address: 135 NORTH GEORGE S YO PA 17401 Attorney for: PLAINTIFF Telephone: 717-848-4900 Supreme Court No. 83863 T L.L. $.50 Due Prothy $2.00 Other Costs $155.06 C* Ajm?& ? j is R. Lon , Prothonotary By : el_. P. Deputy HEIDLER ROOFING : IN THE COURT OF COMMON PLEAS OF SERVICES, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION -LAW STEVEN E. WESTHAFER, No. 07-2488 Civil Term Defendant PRAECIPE TO SATISFY To the Prothonotary: (X) Please mark the above-captioned action settled and satisfied. (X) Please mark the above-captioned judgment or lien settled and satisfied. CGA Law Firm arnetzka, Esquire Cr Sh By: rreme Su Court No. 83863 135 North George Street York, PA 17401 Telephone: 717-848-4900 Attorneys for Plaintiff Date: November 7, 2007 ?- ? ? ---.? ? ' ?? ? .?? ?'- ., ? ?.'?' 'h .i ,. ?. ?