HomeMy WebLinkAbout03-6668Attorney ID# 90354
Bucaram & Pedersen
3109 North Front St.
Harrisburg, PA 17110
(717) 909-8083
FURNLEY ENTERPRISES, 1NC.,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. -- (o 6
Defendants
WESTWOOD HILLS ASSOCIATES, LLC, :
DONALD J. ERW1N, : CIVIL ACTION - LAW
DONALD H. ERWlN :
VILLAGE HOMES AT WESTWOOD :
GLEN, INC., AND :
ROBERT P. BOWMAN :
: JURY TRIAL DEMANDED
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 is served by entering a written appearance, personally or by an attorney,
and f'fling 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 with only
such further notice to you as may be required by law 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, OR
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, PA 17013
Telephone Number (717) 249-3166
NOTICIA
Le hah demandado a usted en la corte. Si usted quiere defenderse de estas
demanda expuesta en las paginas siguientes, usted tiene veinte (20) dias de plazo al
partir de la fecha de la demanda y las notificacion. Usted debe prestar una
aparlencia excrita o en persona o por abogado y archivar en la corte en forma
excrita sus defensas o sus objeciones a las demanda en contra de su persona. Sea
avisado que si usted no se deflende, la corte tomara medidas y puede entrar una
orden contra usted sin previo aviso o sin notificacion y por qualqier queja o alivio
que es pedido en la peticion de demanda. Usted puede perder dinero or sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMED1ATAMENTE. SI
NO TIENE ABOGADO O SI NO T1ENE EL DINERO SUFFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA
OFICINA CUYA PUEDE CONSEGUIR ASSISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone Number (717) 249-3166
Omar Bucaram
Attorney ID# 90354
Bucaram & Pedersen
3109 North Front St.
Harrisburg, PA 17110
(717) 909-8083
FURNLEY ENTERPRISES, INC.,
Plaintiff
WESTWOOD HILLS ASSOCIATES, LLC,
DONALD J. ERWIN,
DONALD H. ERWIN
VILLAGE HOMES AT WESTWOOD
GLEN, INC., AND
ROBERT P. BOWMAN
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
;
:NO. 05-
:
:
: CIVIL ACTION - LAW
:
:
:
: JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff Furnley Enterprises, Inc., by and through its
attorney, Omar Bucaram, Esquire, and files this Complaint by averting as follows:
Plaintiff, Fumley Enterprises, Inc., is a corporation licensed under the laws of the
Commonwealth of Pennsylvania, with a principle place of business address of 291
Sawmill Road, Duncannon, PA 17020.
Plaintiffis a merchant as per the Uniform Commercial Code § 2-104(1).
Defendant Westwood Hills Associates, L.L.C., is a corporation licensed under the
laws of the Commonwealth of Pennsylvania, with a principle place of business
address of 4216 Little Run Road, Harrisburg, PA 17110.
Defendant Westwood Hills Associates, L.L.C. is a merchant as per the Uniform
Commercial Code § 2-104(1 ).
o
o
°
10.
I1.
12.
13.
Defendant Donald J. Erwin, is an adult individual with a principle place of
business address of 4216 Little Run Road, Harrisburg, PA 17110.
Defendant Donald J. Erwin is a merchant as per the Uniform Commercial Code §
2-104(1).
Defendant Donald H. Erwin is an adult individual with a principle place of
business address of 4216 Little Run Road, Harrisburg, PA 17110.
Defendant Donald H. Erwin is a merchant as per the Uniform Commercial Code §
2-104(1).
Defendant Village Homes at Westwood Glen, Inc., is a corporation licensed under
the laws of the Commonwealth of Pennsylvania, with a principle place of
business address of 114 Foxshire Dr., Lancaster, PA 17601.
Defendant Village Homes at Westwood Glen, Inc. is a mercham as per the
Uniform Commercial Code § 2-104(1).
Defendant Robert P. Bowman is an adult individual with a principle place of
business address of 114 Foxshire Dr., Lancaster, PA 17601.
Defendant Robert P. Bowman is a merchant as per the Uniform Commercial Code
§ 2-104(1).
On or about September 7, 2003, Defendants contracted with Plaintiff for the
Westwood Property project.
On or about September 25, 2003, Plaintiff submitted invoice # 20030339 to
Defendants for work performed on properties, along with improvements and
curtilage, located in the final Subdivision Plan for Westwood Hills, Phase V.,
Recorded in Plan Book 87, Page 9., in East Pennsboro Township, Cumberland
County, being part of the same premises which DeLuxe Development Corp., a
domestic corporation, by its Deed dated June 17, 1998 and recorded July 6, 1998,
in the Office of the Recorder of Deed, in an for Cumberland County,
Pennsylvania, in Deed Book 180, page 936 conveyed to Westwood Hill
Associates, LLC and Donald H. Erwin and more particularly identified as
follows:
a. Lot 42 parcel No. 09-12-2992-283; Lot 43 Parcel No.09-12 2992-282;
Lot 44 Parcel No. 09-12-2992-281; Lot 45 Parcel No. 09-12-2992-280;
Lot 46 Parcel No. 09-12-2992-279; Lot 47 Parcel No. 09-12-2992-278;
Lot 48 Parcel No. 09-12-2992-277; Lot 49 Parcel No. 09-12-2992-276;
Lot 50 Parcel No. 09-12-2992-275; Lot 51 Parcel No. 09-12-2992-274;
Lot 52 Parcel No. 09-12-2992-273; Lot 53 Parcel No. 09-12-2992-272;
Lot 54 Parcel No. 09-12-2992-271; Lot 55 Parcel No. 09-12-2992-270;
Lot 56 Parcel No. 09-12-2992-269; Lot 57 Parcel No. 09-12-2992-304;
Lot 58 Parcel No. 09-12-2992-303; Lot 59 Parcel No. 09-12-2992-302;
Lot 60 Parcel No. 09-12-2992-301; Lot 61 Parcel No. 09-12-2992-300;
Lot 62 Parcel No. 09-12-2992-299; Lot 63 Parcel No. 09-12-2992-268;
Lot 64 Parcel No. 09-12-2992-267; Lot 65 Parcel No. 09-12-2992-266;
Lot 66 Parcel No. 09-12-2992-298; Lot 67 Parcel No. 09-12-2992-297;
Lot 68 Parcel No. 09-12-2992-296; Lot 69 Parcel No. 09-12-2992-295;
Lot 70 Parcel No. 09-12-2992-294; Lot 71 Parcel No. 09-12-2992-293;
Lot 72 Parcel No. 09-12-2992-292; Lot 73 Parcel No. 09-12-2992-291;
Lot 74 Parcel No. 09-12-2992-290; Lot 75 Parcel No. 09-12-2992-289;
14.
15.
16.
17.
18.
19.
Lot 76 Parcel No. 09-12-2992-288; Lot 77 Parcel No. 09-12-2992-223;
Lot 78 Parcel No. 09-12-2992-266, (hereinafter known as "Westwood
Properties").
A true and correct copy of invoice # 20030339, is attached and incorporated to
this Complaint and labeled as exhibit "A."
Plaintiff contends that Invoice # 20030339 represents the existence of a contract
as between the Plaintiff and Defendants.
On or about September 7, 2003, Defendants contracted with Plaintiff for the
Westwood Property project.
On September 25, Plaintiff completed the excavation and re-digging of all
electrical trenches and pads for electric hook-ups, backfilling electric, cable and
phone ditches, grade and spreading topsoil, and curbing back five (5) feet around
the entire perimeter for the Westwood Properties as per the instructions of the
Defendants at a cost to the Plaintiff of eleven thousand five hundred dollars
($11,500.00).
On or about November 15, 2003, Plaintiff submitted invoice # 20030340 to
Defendants for the cost of materials, moving charges and equipment used in
association with work performed on the Westwood Properties.
The cost incurred by the Plaintiff for supplying Defendants with materials,
moving charges and equipment used in association with work performed on the
Westwood Properties is ten thousand two hundred forty-seven dollars and fifty
cents ($10,247.50).
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
A true and correct copy of invoice # 20030340, is attached and incorporated to
this Complaint and labeled as exhibit "B."
Plaintiff contends that invoice # 20030340 represents the existence of a contract
as between the Plaintiff and Defendants.
Plaintiff followed all instructions provided by the Defendants to the satisfaction of
the Defendants.
To this date, the Defendants have not submitted payment for the goods, wares,
merchandise, equipment, materials and/or services, described in this Complaint
and the invoices attached to this Complaint.
Plalntiffha$ repeatedly sought payment from Defendants.
Defendants have repeatedly refused to pay claiming that they did not have any
money.
Plaintiff has acted in good faith with Defendants and now comes before this court
with clean hands.
COUNT I--BREACH OF CONTRACT
Plaintiff incorporates the allegations of paragraphs 1-26 of this Complaint as if
said paragraphs were fully set forth here at length.
Defendants and Plaintiff had a contract whereby the parties agreed that the
Plaintiff would perform improvements and repairs to the Westwood Properties
and that for such work pen'formed and materials extended the Defendants would
justly and duly compensate the Plaintiff.
Plaintiff followed all instructions provided by the Defendants to the satisfaction of
the Defendants.
30. Defendants breached their duties and obligations under the contract due to the fact
that they never compensated the Plaintiff for work performed and materials
extended to the Westwood Properties.
WHEREFORE, Plaintiff demands judgment against the Defendants, in the sum of
$31,037.20 together with the continually accruing interest charge at the statutory rate of
6.00% per annum fi.om September 25, 2003 and November 15, 2003 respectively.
COUNT II--UNJUST ENRICHMENT
31. Plaintiff incorporates the allegations of paragraphs 1-30 of this Complaint as if
said paragraphs were fully set fo~h here at length.
32. Defendants knowingly received the benefit of having work performed at
Westwood Properties without ever compensating the Plaintiff for the work
performed on the property.
33. Defendants breach their duty to deal in fairuess and good faith as proscribed upon
merchants by § 1-201(19) and § 1-203(1) of the Uniform Commercial Code.
34. On September 25, Plaintiff completed the excavation and re-digging of all
electrical trenches and pads for electric hook-ups, backfilling electric, cable and
phone ditches, grade and spreading topsoil, and curbing back five (5) feet around
the entire perimeter for the Westwood Properties as per the instructions of the
Defendants.
35. The cost incurred by the Plaintiff for supplying Defendants with materials,
moving charges and equipment used in association with work performed on the
Westwood Properties is still unsatisfied.
36.
37.
38.
39.
40.
41.
42.
43.
The goods, wares, merchandise, equipment, materials and/or services, described
in this Complaint and the invoice attached to this Complaint were purchased by
Defendants, and Defendants received and accepted the benefit of such goods,
wares, merchandise, equipment, materials and/or services provided by Plaintiff.
At all times material hereto, Defendants were aware that Plaintiff was providing
the aforesaid goods, wares, merchandise, equipment, materials and/or services to
Defendants, and that Plaintiff expected to be paid for such.
At all times material hereto, Defendants, with aforesaid knowledge, permitted
Plaintiff to provide and/or deliver said goods, wares, merchandise, equipment,
materials and/or services, and to incur damages.
At ail times material hereto, Defendants were unjustly enriched by retaining the
benefit of receiving said goods, wares, merchandise, equipment, materials and/or
services without paying Plaintiff fair and reasonable compensation.
Plaintiff followed all instructions provided by the Defendants to the satisfaction of
the Defendants.
The Defendants were supplied with invoices for the work performed and
materials extended for the Westwood Properties.
The Plaintiff repeatedly contacted the Defendants in order to receive just
compensation for the work performed on the Westwood Properties.
By reason of the aforesaid unjust enrichment of Defendants at Plaintiff's expense,
an implied contract exists between Plaintiff and Defendants, and Defendants are
obligated to pay Plaintiff the quantum meruit value of the goods, wares,
merchandise, equipment, materials and/or services described in this Complaint
and the invoices labeled as exhibits "A" and "B."
WHEREFORE, Plaintiff demands judgment against Defendants, in the sum of
$31,037.20 together with the continually accruing interest charge at the statutory rate of
6.00% per annum fi.om September 25, 2003 and November 15, 2003 respectively.
COUNT III--PROMISSORY ESTOPPEL
44. Paragraphs 1-43 are incorporated herein and, by reference, made a part hereof.
45. Defendants induced Plaintiff to perform work on the Westwood Properties, based
upon a reasonable reliance that Defendants would duly compensate Plaintiff for
all work performed and materials extended to the Westwood Properties project.
46. Plaintiff followed all instructions provided by the Defendants to the satisfaction of
the Defendants.
47. Defendants to this date have yet to compensate the Plaintiff for materials extended
and work performed on the Westwood Properties.
WHEREFORE, Plaintiff demands judgment against Defendants, in the sum of
$31,037.20 together with the continually accruing interest charge at the statutory rate of
6.00% per annum from September 25, 2003 and November 15, 2003 respectively.
Respectfully Submitted,
Omar Bucaram /O~~--~
Attorney for Plaintiff
Attorney ID# 90354
Bucaram & Pedersen
3109 North Front St.
Harrisburg, PA 17110
(717) 909-8083
FURNLEY ENTERPRISES, INC.,
Plaintiff
WESTWOOD HILLS ASSOCIATES, LLC,
DONALD J. ERWIN,
DONALD H. ERWIN
VILLAGE HOMES AT WESTWOOD
GLEN, 1NC., AND
ROBERT P. BOWMAN
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
VERIFICATION
I hereby verify that the statements of fact made in the foregoing documents are
true and correct to the best of my knowledge, information, and belief. I understand that
any false statements therein are subject to the criminal penalties contained in 18
Pa.C.S.A. §4904, relating to unswom falsificati ~uthorities. . ~-~
~ mley F. Fri~.~~
President ofl~fimley Enterprises
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-06668 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FURNLEY ENTERPRISES INC
VS
WESTWOOD HILLS ASSOC ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
WESTWOOD HILLS ASSOCIATES LLC
but was unable to locate Them
deputized the sheriff of DAUPHIN
Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On January 27th , 2004 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
18.00
9.00
10.00
41.25
.00
78.25
01/27/2004
THOMAS PEDERSEN
Sworn and subscribedato before me
R: Thomas Kline
Sheriff of Cumberland County
SHERIFF'S RETURN
CASE NO: 2003-06668 P
COMMONWEALTH OF PENNSYLVAi{IA:
COUNTY OF CUMBERLAND
FURNLEY ENTERPRISES INC
VS
WESTWOOD HILLS ASSOC ET AL
- OUT OF COUNTY
R. Thomas Kline
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
ERWIN DONALD J
but was unable to locate Him
deputized the sheriff of DAUPHIN
Sheriff or Deputy Sheriff who being
a diligent search and
to wit:
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On January 27th , 2004
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
OZf12?f12004
THOMAS PEDERSEN
Sworn and subscribed to before me
, this office was in receipt of the
SO answer~
R~ Thomas Kline
Sheriff of Cumberland County
SNERIFPIS RETURN - OUT OF COUNTY
CASE NO: 2003~06668 P
COH~ON~EALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FURNLEY ENTERPRISES INC
VS
WESTWOOD HILLS ASSOC ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
ERWIN DONALD H
but was unable to locate Him
deputized the sheriff of DAUPHIN
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On January 27th , 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10o00
.00
.00
16.00
01/27/2004
THOMAS PEDERSEN
Sworn ~nd subscribe~to before me
this
d ~/~ ~ro~honot ~
R< Thomas Kline
Sheriff of Cumberland County
SHERIFF'S RETURN - OUT OF COIINTY
CASE NO: 2003-06668 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FURNLEY ENTERPRISES INC
VS
WESTWOOD HILLS ASSOC ET AL
Thomas Kline
duly sworn according to law, says, that he made a diligent
and inquiry for the within named DEFENDANT , to wit:
VILLAGE HOMES AT WESTWOOD GLEN INC
but was unable to locate Them in his bailiwick.
deputized the sheriff of LANCASTER County,
serve the within COMPLAINT & NOTICE
Sheriff or Deputy Sheriff who being
search and
He therefore
Pennsylvania, to
On January 27th , 2004
attached return from LANCASTER
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Lancaster Co 61.38
.00
86.38
01/27/2004
THOMAS PEDERSEN
Sworn and subscribed to before me
this ~ day of ii~-~4~
this office was in receipt of the
R./Thomas Kline /
Sheriff of Cumberland County
SHERIFF'S
CASE NO: 2003-06668 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FURNLEY ENTERPRISES INC
VS
WESTWOOD HILLS ASSOC ET AL
RETURN
- OUT OF COUNTY
R. Thomas Kline ,
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
BOWMAN ROBERT P
but was unable to locate Him in his bailiwick.
deputized the sheriff of LANCASTER County,
serve the within COMPLAINT & NOTICE
Sheriff or Deputy Sheriff who being
search and
a diligent
, to wit:
He therefore
Pennsylvania, to
On January 27th , 2004 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
01/27/2004
THOMAS PEDERSEN
Sworn and subscribed to before me
this 3~ day of ~~
So answe rD.~~:'~ . ~ ~.~
R/ Thomas Kline c~
Sheriff of Cumberland County
~n TEe Court o£ Common ?leas of Cumberland County, Pennsylvania
Furnley Enterprises Inc
VS.
Westwocd Hills Associates LLC et al
SERVE: Westwood Hills Associates LLC No. 03-6668 civil
]X~ow, January 2, 2004
hereby deputize the Sheriff of
deputation being made at the request and risk of the Fla[ntiff.
Sheriffof Cumberland Count, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Dauphin County to execute this Writ, this
Affidavit of Service
Now, ,20 , at o'clock ~ M. served the
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
80 aI1swers~
Sheriff of County, PA
Sworn and subscribed before
me this __ day of
,2O
COSTS
SERVICE
MILEAGE
AFFIDAVIT
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
Sheriff's Return
No. 0037-T -
OTHER COUNTY NO.
AiqD NOW:January 13, 2004
NOTICE & COMPLAINT
WESTWOOD HILLS ASSOCIATES LLC
to DONALD H ERWIN
of the original
FURNLEY ENTERPRISES INC
vs
ERWIN DONALD H
-2004
03 6668
at 9:50AMserved the within
upon
by personally handing
1 true attested copy(ies)
NOTICE & COMPLAINT and making known
to him/her the contents thereof at 4216 LITTLE RUN ROAD
HARRISBURG, PA 17110-0000
Sworn and subscribed to
before me this 23RD day of/~AI~3ARY, 2004
PROTHONOT.kRY
SO Answers,
Sheriff of Dauphin Co~r---~
Sheriff's Costs: 80.00 PD 00/00/0000
RCPT NO
E TORO
~.n T~e Court of Common Picas of Cumberland County, Pennsytvmi~a
purnley Enterprises Inc
VS.
Westwood Hills Associates LLC et al
SERVE: Donald J. Erwin No. 03-6668 civil
]xJOW, January 2, 2004
, I, SHERIFF OF CLqVIBERLAND COUNTY, PA, do
hereby deputize the Sheriff oflhauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
within
,20 _, at o'clock
M. served the
upon
by handing to
a
and made known to
copy of the original
So allswers ~
the contents thereof.
Sheriffof
County, PA
Sworn and subscribed before
me this __ day of
,20
COSTS
SERVICE
MILEAGE
AFFIDAVIT
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255~2660 fax:(717)255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsy~ania : FURNLEY ENTERPRISES INC
VS
County of Dauphin : ER~IN DONALD ~
Sheriff's Return
No. 0037-T - -2004
OTHER COUNTY NO. 03 6668
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for ERWIN DONALD J
the DEFENDANT named in the within NOTICE & COMPLAINT
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOIFND, January 13, 2004
NEED BETTER ADDRESS. AS PER DONALD H ERWIN DOES NOT KNOW WHO THAT PERSON
IS.
Sworn and subscribed to
before me this 13TH day of~%NUARY, 200~
PROTHONOTARY
SO Answers,
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
J;n ~ 5e Couri of Common ?leas of Cumberland C{mnty, ?ennsylvan~a
Furnley Enterprises Inc
VS.
Westwood Hills associates LLC et: al
SERVE: Donald H. Erwin No. 03-6668 civil
NOW, January 2, 2004
hereby deputize the Sheriff of Dauphin
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
, I, SHERIFF OF CUMBEI~LAI'~D COUNTY, PA, do
County to execute this Writ, this
/XlOW~
within
Affidavit of Service
,20 ., at
o'clock
M. served the
upon
by handing to
a
and made known to
copy of the original
So answers~
the Contents thereof.
Sxa~orn and subscribed before
me this day of
,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. R'mehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:January 13, 2004
NOTICE & COMPLAINT
ERWIN DONALD H
to DEF
of the original
: FUR/~LEY ENTERPRISES INC
: ERWIN DONALD H
Sheriff's Return
No. 0037-T - -2004
OTHER COUNTY NO. 03 6668
at 9:50AMserved the within
upon
by personally handing
1 true attested copy(ies)
NOTICE & COMPLAINT and making known
to him/her the contents thereof at 4216 LITTLE RUN ROAD
HARRISBURG, PA 17110-0000
So Al~swers,
Sworn and subscribed to
before me thls 13TH day /of\JANUARY, 2004( ~ ~J~/~
Sheriff's Costs: $0.00 ~D 00/00/0000
RC~T ~0
E TORO
,o, 2. SHERIi=F'S OFFICE
50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-820D
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1 PLAINTIFF/S/
Furnley Enterprises, Inc
3 DEFENDANT/S/
Westwood Hills Associates LLC et al
SERVE ~,- 5. NAME OF INDIVIDUAL, COMPANY, CORPORATrON, £TC, TO BE SERVED
Village Homes at Westwood Glen Inc
6. ADDRESS {Street or RFD~ Apadment NO, City Born, Twp, State and Z~P Code)
AT 114 Foxshire Drive Lancaster, PA 17601
PLEASE TYPE
DO NOT DETACH ANY COPIES,
2 COURT NUMBER
03-6668 civil
4 TYPE OF WRiT OR COMPLAINT
Notice and Cc~nplaint
7 INDICATE UNUSUAL SERVICE: ~DEPUTIZE ~ OTHER ClJ~b~r~_Eu~d -- --
Now, Jc3nuc~ 2 20 04 , l, SHERIFF OF~"~! ; COUNTY, PA., do _her~by.c[eputize the Sheriff of
Lancsster County to execute this Wr~.~m~'C'~urn thereof,c~g
to law. This deputation being made at the request and r sk of the p ant ff ~'~
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
Ct~nberland
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shedff levying upon or attaching any property under
within writ may leave same with out a watch man, in custody of whonl ever is found in possession, after notifying person of levy or attach merit, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any Joss, destruction or removal of any such property before sheriff's sale thereof
9. SIGNATURE of ATTORNEY er other ORIGINATOR 10 TELEPHONE NUMBER I 11 DATE
I
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
SPACE BELOW FOR USE OF SHERIFF ONLY ~ DO NOT WRITE BELOW THIS LiNE
13. ~or complaint as indicated above.ackn°wledge receipt ot the writi' 1/5/04 1/30/04
~, NAME of Authorized LCSO Deputy or Clerk 14 Date Received f5 Expiration/Hearing date
ANNETTE WALTON (717) 295-3609
16 I hereby CERTIFY and RETURN that I ~ have personally served,,,~ have legal evidence of service as shown in "Remarks" ~ have executed as shown in
"Remarks", the writ or complaint descr bed on the ndivid ual, company, corpora on, etc,, e the address shown above or on the individual company-cor-
poration, etc., at the address inserted below by handing a TRUE and ATFESTED COPY thereof.
17 ~ I hereby certify and return a NOT FOUND because I am unabte lo locate the individual, company, corporation, etc, named above. (See remarks below)
18 Name and title of individual served (if not shown above) (Relationship to Defendant)
20. Address of where served (complete only if different than shown above) (Street or RFP, Apartment No, City, Born, Twp. 21 Date of Sec'ice
State and ZiP C°del
,.ATTEM,TS "'" I""'' O.,. ,.,. .. .',..
2.. Advance Costs, ,~, ~ 50 2,. Se~ice Costs. 26. NotawCed 127 Mileage/Postago/NF_¢ 128 .o/alCosts 129 COSTO.EO. REFUNO
30 REMARKS:
22 Time
PM
31. AFFIRMED a~j~ribed to before me this
MY COMMISSION EXPIRES ~
~. WHIT~ - lasuing Authod~ 2. PiNK - AEorney 3. CANARY - Sheriff's ~ice 4. BLUE - S~edff's ~ice
1 OF 2
SHERIFF.'S, OFFIC
50 NORTH DUKE STREET, P.O. SOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 ,, (717) 299-8200
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1 PLAiNTIFF/S/
Furnley Enterprises Inc
3 DEFENDANT/S/
SERVE
Westwood Hills Associates LLC et al
5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC, TO BE SERVED.
Robert P. Bowman
6 ADDRESS (Stree~ or RFD, APtl~[]3,ent NO, City, Born, Twp, State and ZIP Code)
AT 114 Foxshire Di~--;c Lancaster, PA ]7601
7 INDICATE UNUSUAL SERVICE: ~ DEPUTIZE [] OTHER CAznberl~d
Now, Januar~ 2 20 04 , I, SHERIFF OF ~1~ k._. _ COUNTY, PA., d,~.~A~2e~, eputize the.,,S, bgF~ of
Lancaster County to execute this W,r.~:~
to law. This deputation being made at the request and Dsk of the plmnhff
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C~nberland
DO NOT DETACH AN¥10, OPIES;
2 COURT NUMBER
03-6668 civil
4 TYPE OF WRIT OR COMPLAINT
Notice and Co~plaint
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof
9. SIGNATURE of ATTORNEY or other ORIGINATOR 10 TELEPHONE NUMBER 11 DATE
OMAR BUCARAM BUCARAM & PETERSEN 717-909-8083 12/31/03
12. SEND NOTICE OF SERVICE COPY TO NAME ANn ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO SHERIFF'S OFFICE
SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE
13Jacknowledge receiptolthewrit[ NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15 Expiration/Hearing
orcomplaintasindicatedabove./ ANNV."~TE WALTON (717) 295-3609 1/5/04 1/30/04
16 I hereby CERTIFY and RETURN that I [] have personally served,~ have legal evidence of service as shown in "Remarks", [] have executed as shown in
"Remarks", the writ or complaint described on the individual, co~npany, corporation, etc., at lhe address sh own above or on the individual, companyr cor-
poration, utc, at the address inserted below by banding a TRUE and ATTESTED COPY thereof.
17. [] I hereby certify and return a NOT FOUND because ~ am unable to locate the individual, company, corporation, etc., named above (See remarks below)
18'"~ '~'Name and.~ title~//.~of individual~,~ served~,; ~ '~/'~ ~'~-/'~ (~-"''/1; ~o/''' ~1 ~/'~ ~'--'~(if not shown above) (Relationship to Defendant) 19
20 Address of where served (complete only if different than sh own above) (Street or RFD, Apartment N o, City, Born, Twp
Sta~e and Zip Code)
Miles Oep. Int. Date
22 Time
23 ATTEMPTS /~ Miles,.~ C~;D'/Dep'InE Date Miles Dap. Int. Date Milee Dap. Int. Date Miles Dap. Int.
24~. Advance~ '~ I "~ .~{3C°sts 150.00 25 Service59.50Costs 26. Notary Cert 27. Mileage/PostagelN,F.{.~ 28.(.~ I* '~'~ ~T°tal Costs 29. COST~,. ~ ' ~ '7.-*,DUE OR REFUND
30. REMARKS:
MY COMMISSION EXPIRES
1. WHITE - ISsuing Authodb/ 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office
FURNLEY ENTERPRISES, INC.
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff :
: NO. 03-66efi-CV
V.
WESTWOOD HILLS ASSOCIATES, LLC,:
DONALD J. ERWIN,
DONALD H. ERWIN
VILLAGE HOMES AT WESTWOOD
GLEN, 1NC., AND
ROBERT P. BOWMAN
Defendants
: CIVIL ACTION - LAW
PRAECIPE TO
REMOVE AND STRIKE LIS PENDENS FILED AGAINST THE ABOVE-
NAMED DEFENDANTS AND ASSOCIATED PROPERTIES
To The Prothonotary of Cumberland County
Counsel for Plaintiffinstructs you to REMOVE AND STRIKE the lis pendens
filed against the above named Defendants and the properties located in the Final
Subdivision Plan for Westwood Hills, Phase V., Recorded in Plan Book 87, Page 9., in
East Pennsboro Township, Cumberland County, being part of the same premises which
DeLuxe Development Corp., a domestic corporation, by its Deed dated June 17, 1998
and recorded July 6, 1998, in the Office of the Recorder of Deed, in an for Cumberland
County, Pennsylvania, in Deed Book 180, page 936 conveyed to Westwood Hill
Associates, LLC and Donald II. Erwin and more particularly identified as follows:
Lot 42 Parcel No. 09-12-2992-283
Lot 43 Parcel No.09-12-2992-282
Lot 44 Parcel No. 09-12-2992-281
Lot 45 Parcel No. 09-12-2992-280
Lot 46 Parcel No. 09-12-2992-279
Lot 47 Parcel No. 09-12-2992-278
Lot 48 Parcel No. 09-12-2992-277
Lot 49 Parcel No. 09-12-2992-276
Lot 50 Parcel No. 09-12-2992-275
Lot 51 Parcel No. 09-12-2992-274
Lot 52 Parcel No. 09-12-2992-273
Lot 53 Parcel No. 09-12-2992-272
Lot 54
Lot 55
Lot 56
Lot 57
Lot 58
Lot 59
Lot 60
Lot 61
Lot 62
Lot 63
Lot 64
Lot 65
Lot 66
Lot 67
Lot 68
Lot 69
Lot 70
Parcel No. 09-12-2992-271
Parcel No. 09-12-2992-270
Parcel No. 09-12-2992-269
Parcel No. 09-12-2992-304
Parcel No. 09-12-2992-303
Parcel No. 09-12-2992-302
Parcel No. 09-12-2992-301
Parcel No. 09-12-2992-300
Parcel No. 09-12-2992-299
Parcel No. 09-12-2992-268
Parcel No. 09-12-2992-267
Parcel No. 09-12-2992-266
Parcel No. 09-12-2992-298
Parcel No. 09-12-2992-297
Parcel No. 09-12-2992-296
Parcel No. 09-12-2992-295
Parcel No. 09-12-2992-294
Lot 71 Parcel No. 09-12-2992-293
Lot 72 Parcel No. 09-12-2992-292
Lot 73 Parcel No. 09-12-2992-291
Lot 74 Parcel No. 09-12-2992-290
Lot 75 Parcel No. 09-12-2992-289
Lot 76 Parcel No. 09-12-2992-288
Lot 77 Parcel No. 09-12-2992-223
Lot 78 Parcel No. 09-12-2992-266
Together with all improvements and curtilage on said lots.
The matter has been discontinued with prejudice and the Plaintiff will not be
filing a Mechanic's Lien against Defendants or properties.
Attorney for Plaintiff
3109 North Front Street
Harrisburg, PA 17110
(717) 909-8083
FURNLEY ENTERPRISES, INC.,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
:
Plaintiff
: NO. 03-,fi6'9'-CV
V. :
WESTWOOD HILLS ASSOCIATES, LLC, :
DONALD J. ERWIN, : CIVIL ACTION - LAW
DONALD H. ERWIN :
VILLAGE HOMES AT WESTWOOD
GLEN, INC., AND : JURY TRIAL DEMANDED
ROBERT P. BOWMAN, ;
Defendants
_PRAECIPE TO DISCONTINUE WITH~PRE~JUDICE
TO THE PROTHONOTARy OF CUMBERLAND COUNTY
Kindly mark the captioned matter settled, satisfied and withdrawn. Please
discontinue the above-captioned case with prejudice.
Attorney for Plaintiff
3109 North Front Street
Harrisburg, PA 17110
(717) 909-8083