The URL can be used to link to this page

Home My WebLink About09-3449• SWARTZ SUPPLY CO., INC. t/d/b/a Swartz Kitchens & Baths Plaintiff V. WESTHAFER CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :No. Uq - -!94yq Civil leron : CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in favor of Plaintiff and against Defendant Westhafer Construction, in the amount of $3,981.20 together with interest compounded monthly at the rate of 1.25%, from September 26, 2008, and legal fees of $962.80, plus costs to be determined. I hereby certify that the name and last known address of the proper person against whom judgment should be entered under Pa.R.C.P. 236 is: Westhafer Construction 120 West Allen Street Mechanicsburg, PA 17055 Respectfully submitted, KUNDRAT & ASSOCIATES By Jo undrat, quire A rney I.D. No: 24958 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Dated: May 22, 2009 COMMONWEALTH OF PENK VANIA COUNTY OF• DAUPHIN Mag. Dist. No.: 12-3-03 MDJ Name: Hon. WILLIAK C- /ISNNER Address: 5925 STEVENSON AVE 10T FLOOR SUITE B HARRISBURG, PA Telephone: (717 ) 545-0261 17112-0000 NOTICE ! JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rSWARTZ SUPPLY CO.,INC. 5550 ALLENTO= BLVD SWARTZ KITCHENS Cc BATHS LHARRISBURG, PA 17112 J VS. DEFENDANT: NAME and ADDRESS rNESTMWICR CONSTRUCTION 120 WEST ALLEN ST. MECHANICSBURG, PA 17055 SWARTZ SUPPLY CO.,INC. L_ J 5550 ALLENTOWN BLVD Docket No.: CV-0000614-08 SWARTZ KITCHENS & BATHS Date Filed: 12/30/08 HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGiIENT PLTF Judgment: (Date of Judgment) 1PARTZ SUPPLY CO.,INC . ' ® Judgment was entered for: (Name) 8 ®200 ® Judgment was entered against: (Name) WISTRAFE CONSTRUCTION in the amount of $ 3#981.20 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 3,851.20 Judgment Costs $130.00 Interest on Judgment $ • Attorney Fees $ Total $ 3,981.20 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON. PLEAS, ALL FURTHER. PRUCES$ MUST. COME FROM THE COURT OF COMMON PLEAS "At D NO FURTHER -PROCESS-MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date 1 `- - , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED: 3/27109 4:14:00 PH h? a1 ?` J? • Stephen E. Farina Prothonotary Far na, Prothonotary (717) 780-6520 CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN.COUNTY. PENNSYLVANIA DISTRICT JUSTICE DOCKET NUMBER lao • 0 V- 0000coW - o 8 PLAINTIFF V. ?>p r? ba r DEFENDANT As of the date certified below, the following action has been taken on the above- referenced appeal: X There has been no appeal taken to the Courtof Common Pleas The following party has taken an appeal to the Court of Common Pleas: Date OFFICE OF PROTHONOTARY Front & Market Streets Harrisburg, PA 17101 AYvDepDputy #-A? Proth. - 75 SWARTZ SUPPLY CO., INC. t/d/b/a Swartz Kitchens & Baths Plaintiff V. WESTHAFER CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA.R.C.P. 236 I, JOHN S. KUNDRAT, ESQUIRE, hereby certifies that the precise residence of Plaintiff is: Swartz Supply Co., Inc. t/d/b/a Swartz Kitchens & Baths 5550 Allentown Boulevard Harrisburg, PA 17112 And certify that the last known address of the within Defendant is: Westhafer Construction 120 West Allen Street Mechanicsburg, PA 17055 Respectfully submitted, KUNDRAT & ASSOCIATES By Jo S. squire ttorney I. D. o: 24958 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Dated: May 22, 2009 r j r p 26 3; 29 L<<4h e iv- -*ai.a.5 PD ATYY UL* auq-% P--T* OU6 &q5 I..lou.l..? 0cr" SWARTZ SUPPLY CO., INC. t/d/b/a Swartz Kitchens & Baths Plaintiff V. WESTHAFER CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Westhafer Construction You are hereby notified that on 5,64/09 the following judgment has been entered against you in Cumberland County or the above-captioned matter: Judgment in the amount of $3,981.20 together with interest compounded monthly at the rate of 1.25%, from September 26, 2008, and legal fees of $962.80, plus costs to be determined. Date: 0 otary I hereby certify that the names and last known address of the proper person to receive this notice under Pa.R.Civ.P. 236 is: Westhafer Construction 120 West Allen Street Mechanicsburg, PA 17055 KUNDRAT & ASO(CIATES By Dated: May 22, 2009 Jo' hn S. Kundrat, Esquire Attorney ID No. 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Attorney for Plaintiff l IN TEL COURT OF COM ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANU CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment Swartz Supply Co., Inc., t/d/b/a [X-] Other Swartz Kitchens g Baths Plaintiff Filc No. 09-3449 Civil Term Amount Due 3,091.82 10=01 from September 26, 2008 esth fer %gst coon Atty's Comm MeA, PA 11065 : ?s, to be determined TO THE PROTHONOTARY OF THE SA11D COURT: The uadersigirod hereby eertifles that the below does not arise out of a retail installment sale, contract, or account bared on a confession of judgment, but if it does, it is based on the appropriate origin: Proceeding filed pursuant to act 7 of 1966 as awmdcd; and for reel property pursuant to Act 6 of 1974 as amended. Issue writ of mccutioo in the above matter to the Sb=if=of Cumberland County, for debt, interest and costs, upon the following described property, of the defrudant (s) Westhafer Construction PRAECIPE FOR ATTACEDWNT EXECUTION Issue writ of attachment to the Sheriff of County, for deist, interest and costs, as above, directing attacbmcnt agaiinst the above-named gar» lshee(s) for the following property (if teal estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) is the possessior:, custody or control of the said garnishee(s). ? (Indicate) ludex this writ against the garnishee (s) as a lis pcndens aga' tate of tha defendant(s) described in the attached exhibit. Date May 28, 2009 Signature: Print Name: Jo S. K rat, E uire Address: 107 Boas Street Harrisburg, PA 17102 Attorney for. Plaintiff Telephone: 717-232-3755 Supreme Court ID No: 24958 9j FILED-' TAP 2009 JUN ! V . 04 Ct?F,?:.v ?' i •i:. .:,,lira 1 3f f a4.oc Po A r" aL. Cam' .a.SD to '- 53.75 - PO ATTY #4.50 Pa A-MY . I-L '*a"04 izr*a?A&CO9 I,k)r;f 4 a d TO THE SHERIFF OF CUMBERLAND COUNTY: There will be placed in your hands for services a Writ of Execution as follows: SWARTZ SUPPLY CO., INC. t/d/b/a Swartz Kitchens & Baths Plaintiff V. WESTHAFER CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-3449 Civil Term : CIVIL ACTION - LAW 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 such levy or attachment, with 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. KUNDRAT & By John ?Kundrat, Esquire Attorney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, Pa 17102 (717) 232-3755 Date: May 28, 2009 F! LE 4- 2009 JUN - t Fib qv: 0 VLrlrti 'i_T?r, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3449 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SWARTZ SUPPLY CO, INC, t/d/b/a SWARTZ KITCHENS & BATHS, Plaintiff (s) From WESTHAFER CONSTRUCTION, 120 West Allen Street, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property . (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 $3,091.82 Interest from 9/26/08 - to be determined Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 6/01/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs to be determined J C R. Long, Pro0wi-ofEry By: Deputy REQUESTING PARTY: Name JOHN S. KUNDRAT, ESQUIRE Address: KUNDRAT & ASSOCIATES 107 BOAS STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-232-3755 Supreme Court ID No. 24958 Sheriff s Office of Cumberland County R Thomas Kline Sheriff ~~ti~t, u t ~ ~cr~brr~ ~ Ronny R Anderson ~~ tf4 , ,. Chief Deputy ~^ ~j' - ,~~~ , } y~ , #s Jody S Smith ' Civil Process Sergeant c~~~ce ~"~~~~'~ = "~~~f~ Edward L Schorpp Solicitor Swartz Supply Co., inc. t/d/b/a Swartz Kitchens & Baths vs. Westhafer Construction, Inc. N c ~ o ~t`r_ r-- r,~ use Nu~7ber'~t SHERIFF'S RETURN OF SERVICE ?~~ `~ ~~` 07/07/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is reurned~ STAYED, per request from plaintiff. SHERIFF COST: $50.49 SO ANSWERS, July 07, 2009 /' R THOMAS KLINE, SHERIFF / Sharon R. Lantz, ~- ~a,•'~°~°~q0 (~~ ~~ ?uf 1 ?tL? ! D ?? 10? Sf, t'l1 IBERLANU COUNTY PENNSYLVANIA John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates@pa.net SWARTZ SUPPLY CO., INC. : IN THE COURT OF COMMON PLEAS t/d/b/a SWARTZ KITCHENS & BATHS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :No. 09-3449 Civil Term V. WESTHAFER CONSTRUCTION Defendant : CIVIL ACTION - LAW MOTION TO COMPEL AND NOW, comes Plaintiff, SWARTZ SUPPLY CO., INC. t/d/b/a SWARTZ KITCHENS & BATHS, by its attorneys, KUNDRAT & ASSOCIATES, and states the following cause of action: 1 A District Justice Complaint was filed in this matter on December 30, 2008. 2. Judgment was granted by the District Justice on March 27, 2009, and Judgment was subsequently filed with the Court of Common Pleas of Cumberland County on May 26, 2009, to No. 09-3449 Civil Term. Plaintiff's counsel, pursuant to Pa. R.C.P. 234.1, served a Subpoena to Attend and Testify upon Steve Westhafer via constable service on January 17, 2011. See copy of the Subpoena attached as Exhibit "A" and a copy of the Proof of Service attached as Exhibit "B". 4. The deposition was to be conducted on February 3, 2011, at 10:00 A.M. at the offices of Kundrat & Associates at 107 Boas Street, Harrisburg, Pennsylvania. 5. Defendant Westhafer telephoned Plaintiff's counsel on February 2, 2011, and left a message stating that he could not attend the deposition due to his uncle's funeral, and further stating that he wanted to work out a payment plan. 6. On February 18, 2011, Defendant Westhafer met with Plaintiff s counsel and indicated he would attempt to borrow money from his brother to pay a lump sum payment and stated he would call Plaintiff s counsel by February 23, 2011. 7. Defendant Westhafer has not contacted Plaintiff's counsel to date. Plaintiff's counsel re-scheduled the deposition for July 12, 2011, and notified Defendant Westhafer by letter dated June 27, 2011. A copy of Plaintiff's letter to Defendant Westhafer is attached as Exhibit "C". 2 9. Staff for Plaintiff s counsel attempted to contact Defendant Westhafer was on July 11, 2011, and received a voice mail message indicating that the Defendant's phone could not accept messages, but could send a numeric page. Staff for Plaintiff s counsel sent a numeric page using the main phone number for Kundrat & Association. Defendant Westhafer did not return the page and did not appear for the deposition on July 12, 2011. 10. No hearing or argument is requested. 11. No discovery is required for this motion. 12. No Judge has ruled upon any issue in this matter or related matter. 13. Concurrence to this Motion was sought by Plaintiff s counsel but, as of the time of this filing, no response has been received. 14. The applicable authority supporting the requested relief herein is Pa. R.C.P. 234.5. WHEREFORE, Plaintiff, SWARTZ SUPPLY CO., INC., t/d/b/a SWARTZ KITCHENS & BATHS, respectfully requests that an Order be issued compelling Steve Westhafer to attend a deposition at the time scheduled by Plaintiff s counsel. Additionally Plaintiff requests that the legal fees in the preparation of this Motion to Compel in the amount of $500.00 together with the stenographer costs expended in the amount of $90.00 for the failed appearance on July 12, 2011, 3 be reimbursed to Plaintiff, for a total of $590.00. Dated: August 3, 2011 Respectfully submitted, KUNDRAT & By TES Kundrat, Esquire v for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Swartz Supply Co„ Inc., t/d/b/a Swartz Kitchens & Baths Plaintiff vs. Westhafer Construction Defendant TO: Steve Westhafer File No. 09-3449 Civil Term SUBPOENA TO ATTEND AND TESTIFY You are ordered b:y the court to come to Kundrat & Associates (Specify Courtroom or other place) at 107 Boas St. . Harrisburg Dauphin County, Pennsylvania, on February 3, 2011 at 10:00 o'clock, A. M,. to testify on behalf of Westhafer Construction in the above case, and to remain until excused. 2. And bring with you the following: See attached R I If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: John S. Kundrat, Esquire Address: 107 Boas street Harrisburg, PA 17102 Telephone: 717-232-3755 Supreme Court ID # 4958 BY T E COURT: on ary/ erk, Civil Division Date: A bb I I_ Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) EXHIBIT I -.. A SCHEDULE "A" DOCUMENTS TO BE PRODUCED AT ORAL DEPOSITION 1. Copies of 2008, 2009 and 2010, financial statements and federal tax returns and income and expense statements Westhafer Construction (corporation); 2. Copies of the most recent depreciation schedule used in the preparation of federal tax returns; 3. Copies of all titles to motor vehicles and other assets on which the corporate name appears and for which titles exist or are in corporate possession; 4. Copies of all deeds, mortgages and other documents relating to any real estate owned by the corporation or jointly with another; 5. Copies of all statements for any bank accounts, certificates of deposit, stocks, bonds, debentures, notes or similar assets and/or security instruments held in the corporate name alone or jointly with another from January 1, 2007, to date of deposition; 6. Copies of check registries and cancelled checks for all checking accounts held in the corporate name alone or jointly with another from January 1, 2008, to the date of deposition; 7. A comprehensive list of all personal property including inventory, accounts receivable, equipment, goods and supplies in which the corporation has an interest, provided however, that said listing need not include items of personal property having a fair market value of less than $10.00 per item;, 8. Any and all documents, title, or evidence of personal assets, tangible or intangible, not specifically enumerated in Items 1 through 7 above; and 9. A comprehensive list of any and all contracts and/or work in progress, complete with names, addresses, and telephone numbers. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN Commonwealth of Pennsylvania Pennsylvania State Constable Michael P. Maugans SERVICE OF PROCESS Swartz Supply Co.,Inc.,t/d/b/a Swartz Kitchen & Baths Vs. DEFENDANT: NAME and AooAESS F Westhafer Construction (717) 545-4448 L J Docket No.: 09-3449 Civil Date Filed: Term 1/10/11 Served upon Steve Westhafer , by handing a copy of Describe Document(s): (Person to be Served) Subpoena To Attend And Testifv at the Law Offices of Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 to n (Person Actually Served) on 111-7111 , at (Date) vJ•VtZ-- (Relationship) 6 : 13 )9; (Time) 71 Silver Crown Drive Mechanicsburg, PA 17050 (Location) (Time) For Landlord/Tenant complaints: Since none of the above found, served by posting a copy of the complaint conspicuously on the premises on (Date) at Miles Traveled: 010 % AOPC 624-95 M., at . M., (Signature) Michael P. Maugans- Constable (Print Name and Title) , at EXHIBIT b KUNDRAT & ASSOCIATES LAW OFFICES 107 BOAS STREET HARRISBURG, PENNSYLVANIA 17102 JOHN S. KUNDRAT - LL. M. Tax (717) 232-3755 E-mail: kundrat-associates@pa.net FAX (717) 232-9608 Sincerely, June 27, 2011 Steve Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17055 Re: Swartz Supply Co., Inc., t/d/b/a Swartz Kitchens & Baths v. Westhafer Construction Our File No. 228-08(8) Dear Mr. Westhafer: As you know, a Subpoena was served upon you on January 17 of this year. You met with us on February 18 and indicated that you would attempt to borrow money from your brother to satisfy this obligation. To date, we have not been contacted by you. We attempted to contact you by telephone, but a recorded message indicated that we could not leave a message. Please accept this correspondence as a notification of the rescheduling of your deposition for July 12, 2011, at 10:30 A.M. JSK:amh KUN . ' T ASSOCIATES an . Kundra- t ?- cc: Betsy Christofes a EXHIBIT co CERTIFICATE OF SERVICE AND NOW, this "I day of 2011, I, Anna M. Hause, secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a true and correct copy of the foregoing Motion to Compel was served via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Steve Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 KUNDRAT & ASSOCIATES A, , ??' - "- Anna M. Hause 107 Boas Streets Harrisburg, PA 17102 717-232-3755 5 t A 4?- SWARTZ SUPPLY CO., INC. : IN THE COURT OF COMMON PLEAS t/d/b/a SWARTZ KITCHENS & BATHS : CUMBERLAND COUNTY, PENNSY .,VANA°:,' C:, Plaintiff :No. 09-3449 Civil Term r i rn ? n -" cO r- l 21 - WESTHAFER CONSTRUCTION . Defendant : CIVIL ACTION - LAW ORDER TO COMPEL AND NOW, this day of V , 2011, upon consideration of Plaintiff's Motion to Compel, it is hereby ORDERED and DECREED that Steve Westhafer appear at the offices of Kundrat & Associates for his deposition within thirty (30) days from the date of this Order. Plaintiff s counsel shall notice Steve Westhafer of the date and time. Steve Westhafer is directed to pay costs of $590.00 to the Plaintiff within fifteen (15) days from the date hereof. By the Court: J. Plaintiffs Attorney: John S. Kundrat, Esquire 107 Boas Street Harrisburg, PA 17102 Defendant Pro Se: Steve Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 Telephone: (717) 232-3755 Telephone: (717) 554-6861 Email Address: Kundrat-associates@pa.net Email Address: Unknown