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HomeMy WebLinkAbout13-0673IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFIED COPY OF LIEN TO THE PROTHONOTARY OF SA[D COURT: Pursuant to Section 1605 of the Pennsylvania Workers' Compensation Law, 77 P.S. § 2705 this is a Certified Proof of Payment for the balance of payments made by the Fund on behalf of the uninsured employer to be entered of record by you and indexed as judgments are indexed. BUREAU OF WORKERS' COMPENSATION CLAIM NUMBER: 3414227 UNINSURED EMPLOYER GUARANTY CLAIM NUMBER: UEGI-7311 ACCOUNT NUMBER: DOCKET # ~3 - ~ DATE ENTERED COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 OR 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 DATE DISBURSEMENTS BALANCE DUE AMT PAID CREDIT Total $ 6,503.57 -0- $ 6,503.57 Ex enses Total $ 115,967.83 -0- $ 115,967.83 Indemni Legal $ -0- -0- $ -0- Fees ACS $ 5,497.15 -0- , $ 5,497.15 Adjusting Costs Total $ 182.74 -0- $ 182.74 Medical Less $ -28,240.00 $ -28,240.00 Pa meets . u~ ~_ ~~ r, M~ __~~ ~_ ~; ~ ~~ ~:~~ --~ TOTAL: $ 99,911.29 ~ ~~ ~~ FILING FEE(S): $ 21.50 :.a. ~~,r ~~ ADDITIONAL _Q_ ~ ~ ts. COSTS: _ ' ~~;;, ~ SATISFACTION $ 99,932.79 c..~ AMOUNT: The undersigned, Director, Bureau of Workers' Compensation, Department of Labor & Industry, certifies That the above balance is due and payable by the above remed defendant under the provisions ofthe Pennsylvania Workers' Compensation Law. Pursuant to section 1605 of said law, 77 P.S. § 2705, the above balance is a judgment and statutory lien upon the franchises and property, both real and personal, including after acquired property, of the above named defendant and attach thereto from the date of entry this Certif~d Copy of Lien. ~~~ of Workers' Compensation 2/ ~ ~~~ Date ~"ai. sa ~I~l~ ~c ~'l ~!'Y ~ 3 ~? ~ a8~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # DATE ENTERED COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR 8t INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND v. WESTHAFER AUTO REPAIR, INC. A/K/A VJESTHAF)R'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 oR 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 CERTIFIED COPY OF LIEN UNDER PENNSYLVANIA WORKERS' COMPENSATION LAW t~ran«~«ary NOTICE TO DEFENDANT OF ENTRY OF LIEN This. is a copy of the Certified Copy of Lien_which has.: been filed with the Prothonotary of the Court designated on the reverse side of this notice. The Deparnnent of Labor & Industry of the Commonwealth of Pennsylvania, at the expiration often Cla) dais after the receiptaf this notice, is authorized bylaw to execute upon this lien. This means that your property may be levied upon, attached and sold to the extent necessary to satisfy this lien. Execution will nat occur if this lien is satisfied. Payment should be made by a Cashers Cheek, Certified Check or Money Order made payable to the Catnnaonwealth of Pennsylvania. The Account Number shown on the reverse side of this document. should be al~xed to the lower left corner of the remittance and mailed to the address beiaw: Penns}rlvania Uninsured Employers Guaranty Fund Post Office Sox 1774 Harrisburg, PA 171QS-1774 Any. questions c©ncerning this Lien should be addressed to the Ltninsured Employers Guaranty Fund office at the` address or telephone number spawn on the. enclosure. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Civil Action - Law Plaintiff Docket Number: 13-673 vs. WESTHAFER AUTO REPAIR, INC. A/K/A Lien -{ WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. ' CAMP HILL, PA 17011 & 120 WEST ALLEN STREET c i MECHANICSBURG, PA 17055 7 (T` Defendant C/O STEPHEN WESTHAFER _. 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 Plaintiff's Interrogatories Directed to Defendant(s) Pursuant to Rule 3117 of the Pennsylvania Rules of Civil Procedure Discovery In Aid of Execution Plaintiff hereby makes demand that the Defendant(s) answer the following Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure 3117 and 4001 et seq. These Interrogatories must be answered as provided in Pa. R.C.P. 4006 and the Answers must be served on all other parties within thirty (30) days after the Interrogatories are deemed served. These Interrogatories are deemed to be continuing as to require the filing of Supplemental Answers promptly in the event Defendant or their representatives (including counsel) learn additional facts not set forth in its original Answers or discover that information provided in the Answers is erroneous. Such supplemental Answers may be filed from time to time, but not later than 30 days after such further information is received, pursuant to Pa.R.C.P. 4007.4. t These Interrogatories are addressed to you as a party to this action; your answers shall be based upon information known to you or in the possession, custody or control of you, your attorney or other representative acting on your behalf whether in preparation for litigation or otherwise. These.Interrogatories must be answered completely and specifically by you in writing and must be verified. The fact that investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to answer each interrogatory as completely as possible. The omission of any name, fact, or other item of information from the Answers shall be deemed a representation that such name, fact, or other item was not known to Defendant, their counsel, or other representatives at the time of service of the Answers. 1. State: (a) All of the names under which you currently conduct, or have previously conducted, business including, but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., and any predecessors, successors, assigns or affiliated or related entities of said businesses. (b) For each entity identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the applicable TIN numbers. (c) For each entity identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the official business name; business structure (i.e. sole proprietorship, corporation, limited liability company, etc.); type of business; principal place of business; registered address for service of process; dates the business was in operation; and the name and address of any individual(s)/business(es) that have, and/or have ever had, an ownership interest in the business. (d) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify whether business is currently conducted under that name, and if not identify year in which business was last conducted under that name. (e) Concerning the officers, directors and shareholders of Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., please provide: (1) Their names; (2) Their home addresses; (3) Their telephone numbers. (4) The percentage of ownership attributable to each entity. (5) Compensation received for each entity by the individuals identified in subsection (1) above. (f) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., provide the most recent tax returns for the last five years that entity was or is in operation. This request is deemed to include all applicable tax returns for the specific businesses including, but not limited to, both Federal, State and Local tax returns, and the applicable corporate, partnership, or individual tax returns filed by the entity or its agents or principals. (g) State whether each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., has ever changed, or currently plans on changing, its name and/or entity structure? If yes, list all business names, entity structures, date of the change or proposed change, and all owners of, or individuals with an interest in, the resulting business entity. i (h) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., provide copies of all relevant documents executed to form and commence operation of said business. This includes, but is not limited to, fictitious or associated name registrations, partnership agreements, articles of incorporation, certificates of organization, and/or any documents filed with the Pennsylvania Department of State. 2. Business Assets: (a) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., have any account or investment in any type of financial institution, individual or with another or in the name of another, including checking accounts, savings accounts, certificates of deposit and money market accounts? If so, with regard to each such account or investment, state the following: (1) The type of account or investment: (2) The name and address of the financial institution; (3) The name and address of each person in whose name the account is held or has been held; and (4) The account number. (b) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., own any interest in real estate? If so, with regard to each such interest state the following: (1) The size and description of the parcel of real estate, including improvements thereon; (2) The name, address and interest of each person who has or claims to have an ownership interest in the parcel of real estate; (3) The date the entity acquired its interest in the parcel of real estate; (4) The consideration transferred or paid for the interest in the parcel of real estate: (5) An estimate of the current fair market value of the parcel of real estate; (6) The amount of any indebtedness owed on the parcel of real estate and to whom that indebtedness is owed. (c) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., hold a mortgage on or other security interest in any real estate? If so, as to each such mortgage or other security interest state: (1) The description of the real estate; (2) The date when the mortgage or other security interest was acquired; (3) The identity of the assignor of the mortgage or other security interest, if any; (4) The outstanding balance due on the note or obligation which the mortgage or other security interest secures; (5) The identities of the mortgagor(s), or party(ies) granting the security interest, and the real owner(s); (6) The identity of any documents which relate to the mortgage or other security interest; and (7) The priority of the mortgage or other security interest. (d) State the year, make, and model of each motor or motorized vehicle in which any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., has an ownership interest or claim of interest, whether individually or with another, and with regard to each vehicle state the following: (1) The date the vehicle was acquired. (2) The license number of that vehicle. (3) The registration number of that vehicle. (4) The consideration paid for the vehicle. (5) The name and address of each other person or entity that has a right, title, claim, or interest in or to the vehicle. (6) The approximate fair market value of the vehicle; and (7) The amount of any indebtedness on the vehicle and the name and address of the creditor. (e) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., have any safe deposit box or other similar storage facility in its name (either individually or jointly with another individual or entity), in the name of any entity in which it has any ownership or other involvement (either alone or jointly with another entity or individual)-or in which it has contained personal property with a value in excess of$100? If so, as to each such box or facility state: (1) The identity of the institution in which the safe deposit box or facility is rented or maintained; (2) The number under which such safe deposit box or facility is rented; (3) The name under which such safe deposit box or facility is rented; and (4) The contents of such safe deposit box or facility. (f) For every business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the currently held insurance policies, including workers' compensation, general liability and health. For each policy, include: (1) The name of the policy holder(s): (2) The policy number(s): (3) The type of insurance: 3. Provide the tax returns for Stephen Westhafer for the last five years. This request is deemed to include all applicable tax returns including, but not limited to Federal, State and Local tax returns. 4. State the name and address of the person answering these Interrogatories and their relationship with the Defendant(s). Date: April 17, 2013 By: -----�`� Thomas P. Howell Supreme Court I.D. #79527 Deputy Chief Counsel Attorney for Plaintiff Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 (Phone) (717) 783-4469 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Civil Action - Law Plaintiff Docket Number: 13-673 vs. WESTHAFER AUTO REPAIR, INC. A/K/A Lien , - WESTHAFER'S AUTO REPAIR, INC. = o FTI- 415 RAILROAD AVE. N - , CAMP HILL, PA 17011 & 120 WEST ALLEN STREET g- MECHANICSBURG, PA 17055 `'' Defendant -� C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 CERTIFICATE OF SERVICE I, Thomas P. Howell, do hereby certify that on this date I served the foregoing Interrogatories on the following individuals by mailing it to them by United States First Class Mail and by Certified Mail, postage prepaid, addressed as follows: Westhafer Auto Repair, Inc., aka David D. Buell, Prothonotary Westhafer's Auto Repair, Inc. 1 Courthouse Square, Suite 100 415 Railroad Ave. Carlisle, PA 17013 Camp Hill, PA 17011 (original, first class) 120 West Allen Street Mechanicsburg, PA 17055 Stephen Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 A Thomas P. Howell Deputy Chief Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 Date: April 17, 2013 (717) 783-4467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC., 415 RAILROAD AVENUE CAMP HILL, PA 120 WEST ALLEN STREET MECHANICSBURG, PA 17055, Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : CIVIL ACTION- LAW : Docket No. : 13-673 --1 rT PLAINTIFF'S MOTION FOR SANCTIONS AND SUPPLEMENTARY RELIEF IN AID OF EXECUTION AND NOW, comes the Plaintiff, the Commonwealth of Pennsylvania, Department of Labor and Industry, Uninsured Employers Guaranty Fund, which submits the following Motion for Sanctions and Supplementary Relief in Aid of Execution and alleges the following: 1. Plaintiff is the Commonwealth of Pennsylvania, Department of Labor and Industry, Uninsured Employers Guaranty Fund, an agency of the Commonwealth of Pennsylvania with offices located at 1171 South Cameron Street, Harrisburg, Pennsylvania, 17104. 2. Defendant is Westhafer Auto Repair, Inc., whose principal, Stephen Westhafer, is last known to reside at 71 Silver Crown Drive, Mechanicsburg, PA 17050. 3. This Motion is made pursuant to Pennsylvania Rules of Civil Procedure 4019(a)(1)(i) and 3118(a)(6). 4. On or about February 1, 2013, Plaintiff filed a lien in the Court of Common Pleas of Cumberland County against the Defendant with a satisfaction amount of $99,932.79. A copy of that lien is attached hereto and marked as Exhibit "A". 5. The satisfaction amount of the lien represents amounts paid by Plaintiff on behalf of Defendant, an uninsured employer, following a Decision and Order circulated by Workers' Compensation Judge David Weyl on February 10, 2010, in the matter of Miles Miller v. Westhafer Auto Repair, Inc. and UEGF, Bureau Claim Number 3414227, plus a $21.50 lien filing fee, minus payments made by Defendant. 6. On February 20, 2013, Plaintiff mailed a Notice to Employer of Entry of Lien pursuant to Section 1605 of the Pennsylvania Workers' Compensation Act, 77 P.S. 2705, which notified Defendant that Plaintiff filed the lien against it in the Court of Common Pleas of Cumberland County, Pennsylvania. A copy of the Notice to Employer of Entry of Lien is attached hereto and marked as Exhibit "B". • ' 7. On April 17, 2013, Plaintiff mailed written interrogatories to Defendant, pursuant to Rule 3117 of the Pennsylvania Rules of Civil Procedure, which allows Discovery in Aid of Execution. A copy of those written interrogatories is attached hereto and marked as Exhibit "C". 8. More than thirty (30) days has passed since Defendant was served with the written interrogatories, and no answers have been made. 9. More than thirty (30) days has passed since Defendant was served with the written interrogatories, and no objection to them has been lodged. 10. More than thirty (30) days has passed since Defendant was served with the written interrogatories, and no protective order has been requested. • 11. Plaintiff requests that this Honorable Court issue an order directing Defendant to provide answers to the written interrogatories within thirty (30) days. - ' WHEREFORE, Plaintiff requests that this Honorable Court issue an Order directing Defendant to provide answers to the written interrogatories within thirty (30) days. Date: By: Tomas P. Howell, Esq. Assistant Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 Supreme Court ID. #79527 Fr IN THE COURT OF COMMON PLEAS OF DOCKET # a _G �y3 CUMBERLAND COUNTY, PENNSYLVANIA CERTIFIED COPY OF LIEN TO THE PROTHONOTARY OF SAID COURT: Pursuant to Section 1605 of the Pennsylvania Workers' Compensation Law, 77 P.S. § 2705 this is a Certified Proof of Payment for the balance of payments made by the Fund on behalf of the uninsured employer to be entered of record by you and indexed as judgments are indexed. BUREAU OF WORKERS' COMPENSATION CLAIM NUMBER: 3414227 UNINSURED EMPLOYER GUARANTY CLAIM NUMBER: UEG 1 -7311 ACCOUNT NUMBER: DATE ENTERED COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 OR 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 DATE DISBURSEMENTS BALANCE DUE AMT PAID CREDIT Total Expenses $ 6,503.57 -0- $ 6,503.57 Total Indemnity $ 115,967.83 -0- $ 115,967.83 Legal Fees $ -0- -0- $ -0- ACS Adjusting Costs $ 5,497.15 -0- $ 5,497.15 Total Medical $ 182.74 -0- $ 182.74 Less Payments $ - 28,240.00 $ - 28,240.00 L.., — ,-r a Yt _1:: c7c: t a.. ' �' ca TOTAL: $ 99,911.29 FILING FEE(S): $ 21.50 ADDITIONAL COSTS: -0- SATISFACTION AMOUNT: $ 99,932.79 The undersigned, Director, Bureau of Workers' Compensation, Department of Labor & Industry, certifies that the above balance is due and payable by the above named defendant under the provisions of the Pennsylvania Workers' Compensaion Law. Pursuant to section 1605 of said law, 77 P.S. § 2705, the above balance is a judgment and statutory lien upon the franchises and property, both real and personal, including after acquired property, of the above named defendant and attach thereto from the date of entry this Certified Copy of Lien. Director�i\ B1iru of Workers' Compensation teplien.1 i eoLed 2 /f /tle COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL February 20, 2013 VIA CERTIFIED AND REGULAR, FIRST-CLASS MAIL Westhafer Auto Repair, Inc. a/k/a Westhafer's Auto Repair, Inc. 120 West Allen St. Mechanicsburg, PA 17055 NOTICE TO EMPLOYER OF ENTRY OF LIEN Pursuant to Section 1605 of the Workers' Compensation Act ("Act"), 77 P.S. §2705, the Department of Labor and Industry has filed the following lien against you in the Court of Common Pleas of Cumberland County, Pennsylvania. Docket No. Amount* Date Filed 13-673 $99,932.79 02/08/2013 *This amount does not include costs of collection to date. A date stamped copy of the lien is enclosed for your review. This lien is for the balance of payments made by the Fund on your behalf due and payable under the Law. It is a lien on your franchises and property, both real and personal, including after-acquired property. They attached to your property on the dates they were entered of record by the Prothonotary of the Court, respectively. Section 1605 provides that upon expiration of ten (10) days from the date of this Notice writs of execution may be issued on these liens. If writs of execution are issued, so much of your property as is necessary to satisfy the liens, including legal costs, will be taken. Thomas P. Howell Assistant Counsel Office of Chief Counsel Workers' Compensation Division 1171 South Cameron Street Harrisburg, PA 17104 OFFICE OF CHIEF COUNSEL I DEPARTMENT OF LABOR & INDUSTRY WORKERS' COMPENSATION DIVISION 1171 SOUTH CAMERON STREET! HARRISBURG, PA 17104 Ph: 717-783-4467 I Fx: 717-783-4469 I www.dli. tate.pa.us pennsylvania „glim DEPARTMENT OF LABOR & INDUSTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Civil Action - Law : Docket Number: : 13 -673 : Lien Plaintiff's Interrogatories Directed to Defendant(s) Pursuant to Rule 3117 of the Pennsylvania Rules of. Civil Procedure Discovery In Aid of Execution Plaintiff hereby makes demand that the Defendant(s) answer the following Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure 3117 and 4001 et seq. These Interrogatories must be answered as provided in Pa. R.C.P. 4006 and the Answers must be served on all other parties within thirty (30) days after the Interrogatories are deemed served. These Interrogatories are deemed to be continuing as to require the filing of Supplemental Answers promptly in the event Defendant or their representatives (including counsel) learn additional facts not set forth in its original Answers or discover that information provided in the Answers is erroneous. Such supplemental Answers may be filed from time to time, but not later than 30 days after _ is received, pursuant to Pa.R.C.P. 4007.4. These Interrogatories are addressed to you as a party to this action; your answers shall be based upon information known to you or in the possession, custody or control of you, your attorney or other representative acting on your behalf whether in preparation for litigation or otherwise. These Interrogatories must be answered completely and specifically by you in writing and must be verified. The fact that investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to answer each interrogatory as completely as possible. The omission of any name, fact, or other item of information from the Answers shall be deemed a representation that such name, fact, or other item was not known to Defendant, their counsel, or other representatives at the time of service of the Answers. . State: (a) All of the names under which you currently conduct, or have previously cOnducted, business including, but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., and any predecessors, successors, assigns or affiliated or related entities of said businesses. (b) For each entity identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the applicable TIN numbers. (c) For each entity identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the official business name; business structure (i.e. sole proprietorship, corporation, limited liability company, etc.); type of business; principal place of business; registered address for service of process; dates the business was in operation; and the name and address of any individual(s)/business(es) that have, and/or have ever had, an ownership interest in the business. (d) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify whether business is currently conducted under that name, and if not identify year in which business was last conducted under that name. (e) Concerning the officers, directors and shareholders of Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., please provide: (1) Their names; (2) Their home addresses; (3) Their telephone numbers. (4) The percentage of ownership attributable to each entity. (5) Compensation received for each entity by the individuals identified in subsection (1) above. (f) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., provide the most recent tax returns for the last five years that entity was or is in operation. This request is deemed to include all applicable tax returns for the specific businesses including, but not limited to, both Federal, State and Local tax returns, and the applicable , corporate, partnership, or individual tax returns filed by the entity or its agents or principals. (g) State whether each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., has ever changed, or currently plans on changing, its name and/or entity structure? If yes, list all business names, entity structures, date of the change or proposed change, and all owners of, or individuals with an interest in, the resulting business entity. (h) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., provide copies of all relevant documents executed to form and commence operation of said business. This includes, but is not limited to, fictitious or associated name registrations, partnership agreements, articles of incorporation, certificates of organization, and/or any documents filed with the Pennsylvania Department of State. 2. Business Assets: (a) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., have any account or investment in any type of financial institution, individual or with another or in the name of another, including checking accounts, savings accounts, certificates of deposit and money market accounts? If so, with regard to each such account or investment, state the following: (1) The type of account or investment: (2) The name and address of the financial institution; (3) The name and address of each person in whose name the account is held or has been held; and (4) The account number. (b) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., own any interest in real estate? If so, with regard to each such interest state the following: (1) The size and description of the parcel of real estate, including improvements thereon; (2) The name, address and interest of each person who has or claims to have an ownership interest in the parcel of real estate; (3) The date the entity acquired its interest in the parcel of real estate; (4) The consideration transferred or paid for the interest in the parcel of real estate: (5) An estimate of the current fair market value of the parcel of real estate; (6) The amount of any indebtedness owed on the parcel of real estate and to whom that indebtedness is owed. (c) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., hold a mortgage on or other security interest in any real estate? If so, as to each such mortgage or other security interest state: (1) The description of the real estate; (2) The date when the mortgage or other security interest was acquired; (3) The identity of the assignor of the mortgage or other security interest, if any; (4) The outstanding balance due on the note or obligation which the mortgage or other security interest secures; (5) The identities of the mortgagor(s), or party(ies) granting the security interest, and the real owner(s); (6) The identity of any documents which relate to the mortgage or other security interest; and (7) The priority of the mortgage or other security interest. (d) State the year, make, and model of each motor or motorized vehicle in which any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., has an ownership interest or claim of interest, whether individually or with another, and with regard to each vehicle state the following: (1) The date the vehicle was acquired. (2) The license number of that vehicle. (3) The registration number of that vehicle. (4) The consideration paid for the vehicle. (5) The name and address of each other person or entity that has a right, title, claim, or interest in or to the vehicle. (6) The approximate fair market value of the vehicle; and (7) The amount of any indebtedness on the vehicle and the name and address of the creditor. (e) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., have any safe deposit box or other similar storage facility in its name (either individually or jointly with another individual or entity), in the name of any entity in which it has any ownership or other involvement (either alone or jointly with another entity or individual) or in which it has contained personal property with a value in excess of $100? If so, as to each such box or facility state: (1) The identity of the institution in which the safe deposit box or facility is rented or maintained; (2) The number under which such safe deposit box or facility is rented; (3) The name under which such safe deposit box or facility is rented; and (4) The contents of such safe deposit box or facility. (f) For every business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the currently held insurance policies, including workers' compensation, general liability and health. For each policy, include: (1) The name of the policy holder(s): (2) The policy number(s): (3) The type of insurance: 3. Provide the tax returns for Stephen Westhafer for the last five years. This request is deemed to include all applicable tax returns including, but not limited to Federal, State and Local tax returns. 4. State the name and address of the person answering these Interrogatories and their relationship with the Defendant(s). Date: April 17, 2013 By: Thomas P. Howell Supreme Court I.D. #79527 Deputy Chief Counsel Attorney for Plaintiff Bureau of Workers Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 (Phone) (717) 783-4469 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 VERIFICATION : Civil Action - Law : Docket Number: 13-673 : Lien I being subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities, state that the attached answers and/or documents are submitted in response to the foregoing Interrogatories and that to the best of my knowledge, information and belief they are true and complete. Date: By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, : Civil Action - Law Plaintiff vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 Docket Number: 13 -673 : Lien CERTIFICATE OF SERVICE I, Thomas P. Howell, do hereby certify that on this date • I served the foregoing Interrogatories on the following individuals by mailing it to them by United States First Class Mail and by Certified Mail, postage prepaid, addressed as follows: Westhafer Auto Repair, Inc., aka Westhafer's Auto Repair, Inc. 415 Railroad Ave. Camp Hill, PA 17011 120 West Allen Street Mechanicsburg, PA 17055 Stephen Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 David D. Buell, Prothonotary 1 Courthouse Square, Suite 100 Carlisle, PA 17013 (original, first class) Date: April 17, 2013 Thomas P. Howell Deputy Chief Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783 -4467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff Vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC., 415 RAILROAD AVENUE CAMP HILL, PA 120 WEST ALLEN STREET MECHANICSBURG, PA 17055, Defendant C/O STEPHEN . WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : CIVIL ACTION - LAW : Docket No. : 13 -673 T. c PLAINTIFF'S MOTION FOR SANCTIONS AND SUPPLEMENTARY RELIEF IN AID OF EXECUTION AND NOW, comes the Plaintiff, the Commonwealth of Pennsylvania, Department of Labor and Industry, Uninsured Employers Guaranty Fund, which submits the following Motion for Sanctions and Supplementary Relief in Aid of Execution and alleges the following: 1. Plaintiff is the Commonwealth of Pennsylvania, Department of Labor and Industry,' Uninsured Employers Guaranty Fund, an agency of the Commonwealth of Pennsylvania with offices located at 1171 South Cameron Street, Harrisburg, Pennsylvania, 17104. ,-- 2. Defendant is Westhafer Auto Repair, Inc., whose principal, Stephen Westhafer, is last known to reside at 71 Silver Crown Drive, Mechanicsburg, PA 17050. 3. This Motion is made pursuant to Pennsylvania Rules of Civil Procedure 4019(a)(1)(i) and 3118(a)(6). 4. On or about February 1, 2013, Plaintiff filed a lien in the Court of Common Pleas of Cumberland County against the Defendant with a satisfaction amount of $99,932.79. A copy of that lien is attached hereto and marked as Exhibit "A". 5. The satisfaction amount of the lien represents amounts paid by Plaintiff on behalf of Defendant, an uninsured employer, following a Decision and Order circulated by Workers' Compensation Judge David Weyl on February 10, 2010, in the matter of Miles Miller v. Westhafer Auto Repair, Inc. and UEGF, Bureau Claim Number 3414227, plus a $21.50 lien filing fee, minus payments made by Defendant. 6. On February 20, 2013, Plaintiff mailed a Notice to Employer of Entry of Lien pursuant to Section 1605 of the Pennsylvania Workers' Compensation Act, 77 P.S. 2705, which notified Defendant that Plaintiff filed the lien against it in the Court of Common Pleas of Cumberland County, Pennsylvania. A copy of the Notice to Employer of Entry of Lien is attached hereto and marked as Exhibit "B". • 7. On April 17, 2013, Plaintiff mailed written interrogatories to Defendant, pursuant to Rule 3117 of the Pennsylvania Rules of Civil Procedure, which allows Discovery in Aid of Execution. A copy of those written interrogatories is attached hereto and marked as Exhibit "C". 8. More than thirty (30) days has passed since Defendant was served with the written interrogatories, and no answers have been made. 9. More than thirty (30) days has passed since Defendant' was served with the written interrogatories, and no objection to them has been lodged. 10. More than thirty (30) days has passed since Defendant was served with the written interrogatories, and no protective order has been requested. 11. Plaintiff requests that this Honorable Court issue an order directing Defendant to provide answers to the written interrogatories within thirty (30) days. WHEREFORE, Plaintiff requests that this Honorable Court issue an Order directing Defendant to provide answers to the written interrogatories within thirty (30) days. Date: ;7_-,--7",-`7 By: Thbmas P. Howell, Esq. Assistant Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 Supreme Court I.D. #79527 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFTRD COPY OF LTRN TO THE PROTHONOTARY OF SAID COURT: Pursuant to Section 1605 of the Pennsylvania Workers' Compensation Law, 77 P.S. § 2705 this is a Certified Proof of Payment for the balance of payments made by the Fund on behalf of the uninsured employer to be entered of record by you and indexed as judgments are indexed. BUREAU OF WORKERS' COMPENSATION CLAIM NUMBER 3414227 UNINSURED EMPLOYER GUARANTY CLAIM NUMBER: UEG 1 -7311 ACCOUNT NUMBER: DOCKET # !3 - "t3 DATE ENTERED COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 OR 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 DATE DISBURSEMENTS BALANCE DUE AMT PAID CREDIT Total Expenses $ 6,503.57 -0- • $ 6,503.57 Total Indemnity $ 115,967.83 -0- $ 115,967.83 Legal Fees $ -0- . -0- $ -0- ACS Adjusting Costs $ 5,497.15 -0- $ 5,497.15 Total Medical $ 182.74 -0- $ 182.74 Less Payments $ - 28,240.00 $ - 28,240.00 c -:__ �- n _ ;. = r Lt-1 '— c `' c` (.3 TOTAL: $ 99,911.29 FILING FEE(S): $ 21.50 ADDITIONAL COSTS: -0- SATISFACTION AMOUNT: $ 99,932.79 The undersigned, Director, Bureau of Workers' Compensation, Department of Labor & Industry, certifies that the above balance is due and payable by the above named defendant under the provisions of the Pennsylvania Workers' Compensafion Law. Pursuant to section 1605 of said law, 77 P.S. § 2705, the above balance is a judgment and statutory lien upon the franchises and property, both real and personal, including after acquired property, of the above named defendant and attach thereto from the date of entry this Certi£ led Copy of Lien. teplien J liieoVed Director, B of Workers' Compensation 77 I 1/3.ale 5-2( F- COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL February 20, 2013 VIA CERTIFIED AND REGULAR, FIRST -CLASS MAIL Westhafer Auto Repair, Inc. a /k /a Westhafer's Auto Repair, Inc. 120 West Allen St. Mechanicsburg, PA 17055 NOTICE TO EMPLOYER OF ENTRY OF LIEN Pursuant to Section 1605 of the Workers' Compensation Act ( "Act "), 77 P.S. §2705, the Department of Labor and Industry has filed the following lien against you in the Court of Common Pleas of Cumberland County, Pennsylvania. Docket No. Amount* Date Filed 13 -673 $99,932.79 02/08/2013 *This amount does not include costs of collection to date. A date stamped copy of the lien is enclosed for your review. This lien is for the . balance of payments made by the Fund on your behalf due and payable under the Law. It is a lien on your franchises and property, both real and personal, including after- acquired property. They attached to your property on the dates they were entered of record by the Prothonotary of the Court, respectively. Section 1605 provides that upon expiration of ten (10) days from the date of this Notice writs of execution may be issued on these liens. If writs of execution are issued, so much of your property as is necessary to satisfy the liens, including legal costs, will be taken. Thomas P. Howell Assistant Counsel Office of Chief Counsel Workers' Compensation Division 1171 South Cameron Street Harrisburg, PA 17104 OFFICE OF CHIEF COUNSEL 1 DEPARTMENT OF LABOR & INDUSTRY WORKERS' COMPENSATION DIVISION 1171 SOUTH CAMERON STREET! HARRISBURG, PA 17104 Ph: 717 - 783 -4467 1 Fx: 717 - 783 -4469 ! www.dli.state.pa.us pennsytvania DEPARTMENT OF LABOR F. INDUSTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, • Civil Action - Law • Plaintiff VS: WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant CIO STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Docket Number: 13-673 : Lien Plaintiff's Interrogatories Directed to Defendant(s) Pursuant to Rule 3117 of the Pennsylvania Rules of Civil Procedure Discovery In Aid of Execution Plaintiff hereby makes demand that the Defendant(s) answer the following Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure 3117 and 4001 et seq. These Interrogatories must be answered as provided in Pa. R.C.P. 4006 and the Answers must be served on all other parties within thirty (30) days after the Interrogatories are deemed served. These Interrogatories are deemed to be continuing as to require the filing of Supplemental Answers promptly in the event Defendant or their representatives (including counsel) learn additional facts not set forth in its original Answers or discover that information provided in the Answers is erroneous. Such supplemental Answers may be filed from time to time, but not later than 30 days after — — — is received, pursuant to Pa.R.C.P. 4007.4. These Interrogatories are addressed to you as a party to this action; your answers shall be based upon information known to you or in the possession, custody or control of you, your attorney or other representative acting on your behalf whether in preparation for litigation or otherwise. These Interrogatories must be answered completely and specifically by you in writing and must be verified. The fact that investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to answer each interrogatory as completely as possible. The omission of any name, fact, or other item of information from the Answers shall be deemed a representation that such name, fact, or other item was not known to Defendant, their counsel, or other representatives at the time of service of the Answers. . State: (a) All of the names under which you currently conduct, or have previously ccinducted, business including, but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., and any predecessors, successors, assigns or affiliated or related entities of said businesses. (b) For each entity identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the applicable TIN numbers. (c) For each entity identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the official business name; business structure (i.e. sole proprietorship, corporation, limited liability company, etc.); type of business; principal place of business; registered address for service of process; dates the business was in operation; and the name and address of any individual(s)/business(es) that have, and/or have ever had, an ownership interest in the business. (d) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify whether business is currently conducted under that name, and if not identify year in which business was last conducted under that name. (e) Concerning the officers, directors and shareholders of Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., please provide: • (1) Their names; (2) Their home addresses; (3) Their telephone numbers. (4) The percentage of ownership attributable to each entity. (5) Compensation received for each entity by the individuals identified in subsection (1) above. (f) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., provide the most recent tax returns for the last five years that entity was or is in operation. This request is deemed to include all applicable tax returns for the specific businesses including, but not limited to, both Federal, State and Local tax returns, and the applicable corporate, partnership, or individual tax returns filed by the entity or its agents or principals. (g) State whether each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., has ever changed, or currently plans on changing, its name and/or entity structure? If yes, list all business names, entity structures, date of the change or proposed change, and all owners of, or individuals with an interest in, the resulting business entity. (h) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., provide copies of all relevant documents executed to form and commence operation of said business. This includes, but is not limited to, fictitious or associated name registrations, partnership agreements, articles of incorporation, certificates of organization, and/or any documents filed with the Pennsylvania Department of State. 2. Business Assets: (a) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., have any account or investment in any type of financial institution, individual or with another or in the name of another, including checking accounts, savings accounts, certificates of deposit and money market accounts? If so, with regard to each such account or investment, state the following: (1) The type of account or investment: (2) The name and address of the financial institution; (3) The name and address of each person in whose name the account is held or has been held; and (4) The account number. (b) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair�lnc. oanWl heth to each Repair, u ph interest own any interest in real estate? If s regard state the following: (1) The size and description of the parcel of real estate, including improvements thereon; (2) The name, address and interest of he each l of real est has or claims to have an ownership interest P e (3) The date the entity acquired its interest in the parcel of real estate; (4) The consideration transferred or paid for the interest in the parcel of real estate: (5) An estimate of the current fair market value of the parcel of real estate; (6) The amount of any indebtedness owed on the parcel of real estate and to whom that indebtedness is owed. (c) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., hold a mortgage on or other security interest in any real estate? If so, as to each such mortgage or other security interest state: (1) The description of the real estate; (2) The date when the mortgage or other security interest was acquired; (3) The identity of the assignor of the mortgage or other security interest, if any; (4) The outstanding balance due on the note or obligation which the mortgage or other security interest secures; (5) The identities of the mortgagor(s), or party(ies) granting the security interest, and the real owner(s); (6) The identity of any documents which relate to the mortgage or other security interest; and (7) The priority of the mortgage or other security interest. in (d) State the year, make, and model of each motor including r motorized zed vehicl icle ten which any business identified in Question 1(a), to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., has an ownership interest or claim of interest, st to , the following: dindividually or with another, and with regard to each vehicle The date the vehicle was acquired. (2) The license number of that vehicle. (3) The registration number of that vehicle. (4) The consideration paid for the vehicle. (5) The name and address of each other person or entity that has a right, title, claim, or interest in or to the vehicle. (6) The approximate fair market value of the vehicle; and (7) The amount of any indebtedness on the vehicle and the name and address of the creditor. (e) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., have - any safe deposit box or other similar storage facility in its name (either individually or jointly with another individual or entity), in the name of any entity in which it has any ownership or other involvement (either alone or jointly with another entity or individual) or in which it has contained personal property with a value in excess of $100? If so, as to each such box or facility state: (1) The identity of the institution in which the safe deposit box or facility is rented or maintained; (2) The number under which such safe deposit box or facility is rented; (3) The name under which such safe deposit box or facility is rented; and (4) The contents of such safe deposit box or facility. (f) For every business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the currently held insurance policies, including workers' compensation, general liability and health. For each policy, include: (1) The name of the policy holder(s): (2) The policy number(s): (3) The type of insurance: 3. Provide the tax returns for Stephen Westhafer for the last five years. This request is deemed to include all applicable tax returns including, but not limited to Federal, State and Local tax returns. 4. State the name and address of the person answering these • Interrogatories and their relationship with the Defendant(s). Date: April 17, 2013 By: Thomas P. Howell Supreme Court I.D. #79527 Deputy Chief Counsel Attorney for Plaintiff Bureau of Workers' Compensation Legal Division — Room 327 . 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 (Phone) (717) 783-4469 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Civil Action - Law : Docket Number: 13-673 : Lien VERIFICATION being subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities, state that the attached answers and/or documents are submitted in response to the foregoing Interrogatories and that to the best of my knowledge, information and belief they are true and complete. Date: By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Civil Action - Law : Docket Number: : 13-673 : Lien CERTIFICATE OF SERVICE I, Thomas P. Howell, do hereby certify that on this date I served the foregoing Interrogatories on the following individuals by mailing it to them by United States First Class Mail and by Certified Mail, postage prepaid, addressed as follows: Westhafer Auto Repair, Inc., aka Westhafer's Auto Repair, Inc. 415 Railroad Ave. Camp Hill, 'PA 17011 120 West Allen Street Mechanicsburg, PA 17055 Stephen Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 David D. Buell, Prothonotary 1 Courthouse Square, Suite 100 Carlisle, PA 17013 (original, first class) Date: April 17, 2013 Thomas P. Howell Deputy Chief Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC., 415 RAILROAD AVENUE CAMP HILL, PA 120 WEST ALLEN STREET MECHANICSBURG, PA 17055, Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 • CIVIL ACTION - LAW • : Docket No : 13-673 PLAINTIFF'S MOTION FOR SANCTIONS AND SUPPLEMENTARY RELIEF IN AID OF EXECUTION AND NOW, comes the Plaintiff, the Commonwealth of Pennsylvania, Department of Labor and Industry, Uninsured Employers Guaranty Fund, which submits the following Motion for Sanctions and Supplementary Relief in Aid of Execution and alleges the following: 1. Plaintiff is the Commonwealth of Pennsylvania, Department of Labor and Industry,, Uninsured Employers Guaranty Fund, an agency of the Commonwealth of Pennsylvania with offices located at 1171 South Cameron Street, Harrisburg, Pennsylvania, 17104. 2. Defendant is Westhafer Auto Repair, Inc., whose principal, Stephen Westhafer, is last known to reside at 71 Silver Crown Drive, Mechanicsburg, PA 17050. 3. This Motion is made pursuant to Pennsylvania Rules of Civil Procedure 4019(a)(1)(i) and 3118(a)(6). 4. On or about February 1, 2013, Plaintiff filed a lien in the Court of Common Pleas of Cumberland County against the Defendant with a satisfaction amount of $99,932.79. A copy of that lien is attached hereto and marked as Exhibit "A ". 5. The satisfaction amount of the lien represents amounts paid by Plaintiff on behalf of Defendant, an uninsured employer, following a Decision and Order circulated by Workers' Compensation Judge David Weyl on February 10, 2010, in the matter of Miles Miller v. Westhafer Auto Repair, Inc. and UEGF, Bureau Claim Number 3414227, plus a $21.50 lien filing fee, minus payments made by Defendant. 6. On February 20, 2013, Plaintiff mailed a Notice to Employer of Entry of Lien pursuant to Section 1605 of the Pennsylvania Workers' Compensation Act, 77 P.S. 2705, which notified Defendant that Plaintiff filed the lien against it in the Court of Common Pleas of Cumberland County, Pennsylvania. A copy of the Notice to Employer of Entry of Lien is attached hereto and marked as Exhibit "B ". 7. On April 17, 2013, Plaintiff mailed written interrogatories to Defendant, pursuant to Rule 3117 of the Pennsylvania Rules of Civil Procedure, which allows Discovery in Aid of Execution. A copy of those written interrogatories is attached hereto and marked as Exhibit "C ". 8. More than thirty (30) days has passed since Defendant was served with the written interrogatories, and no answers have been made. 9. More than thirty (30) days has passed since Defendant was served with the written interrogatories, and no objection to them has been lodged. 10. More than thirty (30) days has passed since Defendant was served with the written interrogatories, and no protective order has been requested. 11. Plaintiff requests that this Honorable Court issue an order directing Defendant to provide answers to the written interrogatories within thirty (30) days. WHEREFORE, Plaintiff requests that this Honorable Court issue an Order directing Defendant to provide answers to the written interrogatories within thirty (30) days. Date: �5 / Thomas P. Howell, Esq. Assistant Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783 -4467 Supreme Court I.D. #79527 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFIED COPY OF LIEN TO THE PROTHONOTARY OF SAID COURT: Pursuant to Section 1605 of the Pennsylvania Workers' Compensation Law, 77 P.S. § 2705 this is a Certified Proof of Payment for the balance of payments made by the Fund on behalf of the uninsured employer to be entered of record by you and indexed as judgments are indexed. BUREAU OF WORKERS' COMPENSATION CLAIM NUMBER 3414227 UNINSURED EMPLOYER GUARANTY CLAIM NUMBER: UEG1-7311 ACCOUNT NUMBER DOCKET # I,? A13 DATE ENTERED COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND VS. WESTHAFER AUTO REPAIR, INC. A/ICJA WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 OR 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 DATE DISBURSEMENTS BALANCE DUE AMT PAID CREDIT Total Expenses $ 6,503.57 -0- $ 6,503.57 Total Indemnity $ 115,967.83 -0- $ 115,967.83 Legal Fees $ -0- -0- $ -0- ACS Adjusting Costs $ 5,497.15 -0- $ 5,497.15 Total Medical $ 182.74 -0- $ 182.74 Less Payments $ -28,240.00 $ -28,240.00 11 "` -1-.. rTh 1- .. 1:1- .. ") "---. P . .1":1 < >- L,2 L.Lti L. Z-7.) ZD (.) TOTAL: $ 99,911.29 FILING FEE(S): $ 21.50 ADDITIONAL COSTS: -0-- SATISFACTION AMOUNT: $ 99,932.79 The undersigned, Director, Bureau of Workers' Compensation, Department of Labor & Industry, certifies that the above balance is due and payable by the above named defendant under the provisions of the Pennsylvania Workers' Compensation Law. Pursuant to section 1605 of said law, 77 P.S. § 2705, the above balance is a judgrnent and statutory lien upon the franchises and property, both real and personal, including after acquired property, of the above named defendant and attach thereto from the date of entry this Certied Copy of Lien. tephen fr? ree)Ved JDirectorl BUrbau of Workers' Compensation COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL February 20, 2013 VIA CERTIFIED AND REGULAR, FIRST-CLASS MAIL Westhafer Auto Repair, Inc. a/k/a Westhafer's Auto Repair, Inc. 120 West Allen St. Mechanicsburg, PA 17055 NOTICE TO EMPLOYER OF ENTRY OF LIEN Pursuant to Section 1605 of the Workers' Compensation Act ("Act"), 77 P.S. §2705, the Department of Labor and Industry has filed the following lien against you in the Court of Common Pleas of Cumberland County, Pennsylvania. Docket No. Amount* Date Filed 13-673 $99,932.79 02/08/2013 *This amount does not include costs of collection to date. A date stamped copy of the lien is enclosed for your review. This lien is for the balance of payments made by the Fund on your behalf due and payable under the Law. It is a lien on your franchises and property, both real and personal, including after-acquired property. They attached to your property on the dates they were entered of record by the Prothonotary of the Court, respectively. Section 1605 provides that upon expiration of ten (10) days from the date of this Notice writs of execution may be issued on these liens. If writs of execution are issued, so much of your property as is necessary to satisfy the liens, including legal costs, will be taken. -F) Thomas P. Howell Assistant Counsel Office of Chief Counsel Workers' Compensation Division 1171 South Cameron Street Harrisburg, PA 17104 OFFICE OF CHIEF COUNSEL DEPARTMENT OF LABOR & INDUSTRY WORKERS' COMPENSATION DIVISION 1171 SOUTH CAMERON STREET! HARRISBURG, PA 17104 Ph: 717-783-4467 Fx: 717-783-4469 I www.dli.state.pa.us gala. pennsytvania figil= DEPARTMENT OF LABOR 8. INDUSTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant CIO STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Civil Action - Law : Docket Number: : 13 -673 : Lien Plaintiff's Interrogatories Directed to Defendant(s) Pursuant to Rule 3117 of the Pennsylvania Rules of. Civil Procedure Discovery In Aid of Execution Plaintiff hereby makes demand that the Defendant(s) answer the following Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure 3117 and 4001 et seq. These Interrogatories must be answered as provided in Pa. R.C.P. 4006 and the Answers must be served on all other parties within thirty (30) days after the Interrogatories are deemed served. These Interrogatories are deemed to be continuing as to require the filing of Supplemental Answers promptly in the event Defendant or their representatives (including counsel) learn additional facts not set forth in its original Answers or discover that information provided in the Answers is erroneous. Such supplemental Answers may be filed from time to time, but not later than 30 days after is received, pursuant to Pa.R.C.P. 4007.4. These Interrogatories are addressed to you as a party to this action; your answers shall be based upon information known to you or in the possession, custody or control of you, your attorney or other representative acting on your behalf whether in preparation for litigation or otherwise. These Interrogatories must be answered completely and specifically by you in writing and must be verified. The fact that investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to answer each interrogatory as completely as possible. The omission of any name, fact, or other item of information from the Answers shall be deemed a representation that such name, fact, or other item was not known to Defendant, their counsel, or other representatives at the time of service of the Answers. . State: (a) All of the names under which you currently conduct, or have previously c6nducted, business including, but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., and any predecessors, successors, assigns or affiliated or related entities of said businesses. (b) For each entity identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the applicable TIN numbers. (c) For each entity identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the official business name; business structure (i.e. sole proprietorship, corporation, limited liability company, etc.); type of business; principal place of business; registered address for service of process; dates the business was in operation; and the name and address of any individual(s)/business(es) that have, and/or have ever had, an ownership interest in the business. (d) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify whether business is currently conducted under that name, and if not identify year in which business was last conducted under that name. • (e) Conceming the officers, directors and shareholders of Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., please provide: (1) Their names; (2) Their home addresses; (3) Their telephone numbers. (4) The percentage of ownership attributable to each entity. (5) Compensation received for each entity by the individuals identified in subsection (1) above. (f) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., provide the most recent tax returns for the last five years that entity was or is in operation. This request is deemed to include all applicable tax returns for the specific businesses including, but not limited to, both Federal, State and Local tax returns, and the applicable corporate, partnership, or individual tax returns filed by the entity or its agents or principals. (g) State whether each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., has ever changed, or currently plans on changing, its name and/or entity structure? If yes, list all business names, entity structures, date of the change or proposed change, and all owners of, or individuals with an interest in, the resulting business entity. (h) For each business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., provide copies of all relevant documents executed to form and commence operation of said business. This includes, but is not limited to, fictitious or associated name registrations, par ers ipoaga Y ments, articles of incorporation, certificates of organiza , documents filed with the Pennsylvania Department of State. 2. Business Assets: (a) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., have any account or investment in any type of financial institution, individual or with another or in the name another, and money market accounts? savings accounts, certificates of deposit If so, with regard to each such account or investment, state the following: (1) The type of account or investment: (2) The name and address of the financial institution; (3) The name and address of each person in whose name the account is held or has been held; and (4) The account number. (b) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., own any interest in real estate? If so, with regard to each such interest state the following: (1) The size and description of the parcel of real estate, including improvements thereon; (2) The name, address and interest of each person who has or claims to have an ownership interest in the parcel of real estate; (3) The date the entity acquired its interest in the parcel of real estate; (4) The consideration transferred or paid for the interest in the parcel of real estate: (5) An estimate of the current fair market value of the parcel of real estate; (6) The amount of any indebtedness owed on the parcel of real estate and to whom that indebtedness is owed. (c) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., hold a mortgage on or other security interest in any real estate? If so, as to each such mortgage or other security interest state: (1) The description of the real estate; (2) The date when the mortgage or other security interest was acquired; (3) The identity of the assignor of the mortgage or other security interest, if any; (4) The outstanding balance due on the note or obligation which the mortgage or other security interest secures; (5) The identities of the mortgagor(s), or party(ies) granting the security interest, and the real owner(s); (6) The identity of any documents which relate to the mortgage or other security interest; and (7) The priority of the mortgage or other security interest. (d) State the year, make, and model of each motor or motorized vehicle in which any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., has an ownership interest or claim of interest, whether individually or with another, and with regard to each vehicle state the following: (1) The date the vehicle was acquired. (2) The license number of that vehicle. (3) The registration number of that vehicle. (4) The consideration paid for the vehicle. (5) The name and address of each other person or entity that has a right, title, claim, or interest in or to the vehicle. (6) The approximate fair market value of the vehicle; and (7) The amount of any indebtedness on the vehicle and the name and address of the creditor. (e) Does any business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., have any safe deposit box or other similar storage facility in its name (either individually or jointly with another individual or entity), in the name of any entity in which it has any ownership or other involvement (either alone or jointly with another entity or individual) or in which it has contained personal property with a value in excess of $100? If so, as to each such box or facility state: (1) The identity of the institution in which the safe deposit box or facility is rented or maintained; (2) The number under which such safe deposit box or facility is rented; (3) The name under which such safe deposit box or facility is rented; and (4) The contents of such safe deposit box or facility. (0 For every business identified in Question 1(a), including but not limited to Westhafer Auto Repair, Inc. and Westhafer's Auto Repair, Inc., identify the currently held insurance policies, including workers' compensation, general liability and health. For each policy, include: (1) The name of the policy holder(s): (2) The policy number(s): (3) The type of insurance: 3. Provide the tax returns for Stephen Westhafer for the last five years. This request is deemed to include all applicable tax returns including, but not limited to Federal, State and Local tax returns. 4. State the name and address of the person answering these Interrogatories and their relationship with the Defendant(s). Date: April 17, 2013 By: Thomas P. Howell Supreme Court I.D. #79527 Deputy Chief Counsel Attorney for Plaintiff Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 (Phone) (717) 783-4469 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 VERIFICATION : Civil Action - Law : Docket Number: 13-673 : Lien being subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities, state that the attached answers and/or documents are submitted in response to the foregoing Interrogatories and that to the best of my knowledge, information and belief they are true and complete. Date: By: • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVE. CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 Defendant CIO STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Civil Action - Law : Docket Number: : 13-673 : Lien CERTIFICATE OF SERVICE 1, Thomas P. Howell, do hereby certify that on this date I served the foregoing lnten-ogatories on the following individuals by mailing it to them by United States First Class Mail and by Certified Mail, postage prepaid, addressed as follows: Westhafer Auto Repair, Inc., aka Westhafer's Auto Repair, Inc. 415 Railroad Ave. Camp Hill, PA 17011 120 West Allen Street Mechanicsburg, PA 17055 Stephen Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 David D. Buell, Prothonotary 1 Courthouse Square, Suite 100 Carlisle, PA 17013 (original, first class) Date: April 17, 2013 Thomas P. Howell Deputy Chief Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783 -4467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : CIVIL ACTION - LAW DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC., 415 RAILROAD AVENUE CAMP HILL, PA 120 WEST ALLEN STREET MECHANICSBURG, PA 17055, Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Docket No. : 13-673 ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Kindly enter my appearance on behalf of the Plaintiff, Commonwealth of Pennsylvania, Uninsured Employers Guaranty Fund, in the above captioned matter. Date: By: homas Howell Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 Supreme Court I.D. #79527 -4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : CIVIL ACTION - LAW DEPARTMENT OF LABOR & INDUSTRY . UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC., 415 RAILROAD AVENUE CAMP HILL, PA 120 WEST ALLEN STREET MECHANICSBURG, PA 17055, Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Docket No. : 13-673 CERTIFICATE OF SERVICE : IN) I, THOMAS P. HOWELL, Esquire, do hereby certify that on this date I served a copy of the foregoing Memorandum of 'Law in Support of Motion for Sanctions and Supplementary Relief in Aid of Execution on the following individual by mailing it to them by regular first class United States Postal Service Mail, addressed as follows: Date: Westhafer Auto Repair, Inc. do Stephen Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17057 Thomas P. Howell Assistant Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : CIVIL ACTION - LAW DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. : Docket No. : 13-673 WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC., 415 RAILROAD AVENUE CAMP HILL, PA 120 WEST ALLEN STREET MECHANICSBURG, PA 17055, Defendant C/O STEPHEN WESTHAFER • 71 SILVER CROWN DRIVE • MECHANICSBURG, PA 17050 CERTIFICATE OF SERVICE I, THOMAS P. HOWELL, Assistant Counsel, do hereby certify that on this date I served a copy of the foregoing Motion for Sanctions and Supplementary Relief in Aid of Execution on the following individual by mailing it to them by regular first class United States Postal Service Mail, addressed as follows: Date: Westhafer Auto Repair, Inc. c/o Stephen Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17057 Thomas P. Howell Assistant Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC., 415 RAILROAD AVENUE CAMP HILL, PA 120 WEST ALLEN STREET MECHANICSBURG, PA 17055, Defendant C/O STEPHEN .WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : CIVIL ACTION LAW : Docket No. : 13-673 CERTIFICATE OF SERVICE I, THOMAS P. HOWELL, Assistant Counsel, do hereby certify that on this date I served a copy of the foregoing Rule to Show Cause on the following individual by mailing it to them by regular first class United States Postal Service Mail, addressed as follows: Westhafer Auto Repair, Inc. c/o Stephen Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17057 Date: Thomas P. Howell Assistant Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (717) 783-4467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : CIVIL ACTION - LAW DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC., 415 RAILROAD AVENUE CAMP HILL, PA 120 WEST ALLEN STREET MECHANICSBURG, PA 17055, Defendant C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Docket No. : 13-673 CERTIFICATE OF SERVICE --t -„, r-rt -11 C. c>i .-; I, THOMAS P. HOWELL, Assistant Counsel, do hereby certify that on this date I served a copy of the foregoing Entry of Appearance on the following individual by mailing it to them by regular first class United States Postal Service Mail, addressed as follows: Westhafer Auto Repair, Inc. c/o Stephen Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17057 Thomas P. Howell Assistant Counsel Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 Date: Z.` (717) 783-4467 r r yE Y'tj 3 s,l 'k t' S�,hO 3�3'wr�l.1 ,j,ct 20114 HAR 20 PH 2: 31 C COMMONWEALTH OF UMB .RL'\ �t! LO1JN1 PENN'`f LVANI , Ii J PENNSYLVANIA DEPARTMENT OFrlJ� .' fi LABOR & INDUSTRY UNINSURED �lf�, �,3 '� � �� EMPLOYERS GUARANTY FUND, 4i► sP ;Plaintiff Count?of Combatant v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT WESTHAFER AUTO REPAIR, INC. a/k/a WESTHAFER'S AUTO REPAIR, 2013-00673 CIVIL TERM INC., Defendant IN RE: PLAINTIFF'S MOTION FOR SANCTIONS AND SUPPLEMENTARY RELIEF IN AID OF EXECUTION ORDER OF COURT AND NOW, this day of March 2014, upon consideration of Plaintiff's Motion for Sanctions and Supplementary Relief in Aid of Execution, a RULE is issued upon Defendant to show cause why Plaintiff's motion should not be granted. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service. B - ■ Thomas A. Placey C.P.J. Distribution: c/Thomas P. Howell, Esq. Westhafer Auto Repair, Inc. do Stephen Westhafer Q:37aC,// n/) CS' / t�1.� IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 Defendant CERTIFICATE OF SERVICE Docket No. 13 -673 • I, THOMAS P. HOWELL, hereby certify that a true and correct copy of the Order of Court in the above - captioned matter, noting a rule return date of 20 days from the date of service, has been served upon the following persons: WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 Via: first -class and certified.mail. i Date: /7 By: Thomas P. Howell Counsel for Plaintiff H111-111AR 20 PM 2: 31 COMMONWEALTH OF CUMBERLAND C'U,NT'I' PENNSYLVANIA DEPARTMEWIE LVA 4IjA LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff V. WESTHAFER AUTO REPAIR, INC. a/k/a WESTHAFER'S AUTO REPAIR, INC., Defendant UiRs & NDUSTRY -r125 1A P: 2 Cott* of Cumberlatib IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-00673 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SANCTIONS AND SUPPLEMENTARY RELIEF IN AID OF EXECUTION ORDER OF COURT AND NOW, this day of March 2014, upon consideration of Plaintiff's Motion for Sanctions and Supplementary Relief in Aid of Execution, a RULE is issued upon Defendant to show cause why Plaintiff's motion should not be granted. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service. Thomas A. Placey C.P.J. Distribution: Thomas P. Howell, Esq. Westhafer Auto Repair, Inc. c/o Stephen Westhafer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF LABOR & INDUSTRY : UNINSURED EMPLOYERS GUARANTY FUND, Civil Action - Law Plaintiff . Docket#: 13-673 vs. • WESTHAFER AUTO REPAIR, INC. : Lien A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 : 120 WEST ALLEN STREET : MECHANICSBURG, PA 17055 : C") N : -10T C/O STEPHEN WESTHAFER :• MI 71 SILVER CROWN DRIVE • N IN MECHANICSBURG, PA 17050 : c n 2T- CD MOTION TO MAKE RULE ABSOLUTE ?'z --I . r ra 1. Plaintiff is the Commonwealth of Pennsylvania, Department of Labor and Industry, Uninsured Employers Guaranty Fund, an agency of the Commonwealth of Pennsylvania with offices located at 1171 South Cameron Street, Harrisburg, Pennsylvania, 17104. 2. Defendant is Westhafer Auto Repair, Inc. aka Westhafer's Auto Repair, Inc., the last known addresses of which are 415 Railroad Avenue, Camp Hill, PA, 17011 and 120 West Allen Street, Mechanicsburg, PA, 17055. 3. On March 5, 2014, Plaintiff filed a Motion for Sanctions and Supplementary Relief in Aid of Execution, requesting that this Honorable Court issue an Order directing Defendant to provide Plaintiff with written answers to interrogatories within thirty (30) days. 4. On March 26, 2014, this Honorable Court issued an Order of Court directing Defendant to show cause why Plaintiffs Motion to Compel should not be granted. The Rule was returnable twenty (20) days from Plaintiffs date of service upon Defendant. A copy of the Court Order is attached hereto and marked as Exhibit A. 5. Also on March 26, 2014, Plaintiff filed a Certificate of Service, noting service of the Order of Court upon Defendant at the addresses identified in paragraph 2 supra, as well as the home address of Stephen Westhafer at 71 Silver Crown Drive, Mechanicsburg, PA, 17050. A copy of the Certificate of Service is attached hereto and marked as Exhibit B. 6. More than twenty (20) days have passed since Defendant was served with the Court's March 26, 2014 Order and Defendant has failed,to show cause why Plaintiff's Motion to Compel should not be granted. 7. More than twenty (20) days has passed since Defendant was served with the Court's March 26, 2014 Order and Defendant has not provided Plaintiff with Answers to Interro atories 8. Plaintiff hereby requests that this Honorable Court hold Defendant in civil contempt, and issue a bench warrant for the arrest of Stephen Westhafer, so that he is available to appear before this Court and explain why Defendant has not provided Plaintiff with Answers to Interrogatories. 9. This sanction is appropriate because: a. Defendant owes Plaintiff$89,000.00; b. Plaintiff is unable to locate a garnishee holding money or accounts for Defendant, and is therefore unable to recover monies civilly; c. Civil discovery, including written interrogatories, is a means by which Plaintiff can discover whether Defendant has any money available to satisfy its debt; d. Defendant has refused to provide Plaintiff with Answers to Interrogatories and otherwise refuses to cooperate with Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court hold Defendant in contempt for failure to respond to its written interrogatores, and issue a bench warrant for the arrest of Stephen Westhafer, so that he is available to appear before this Court and explain why Defendant has not provided Plaintiff with Answers to Interrogatories. Respectfully submitted, Date: . .20 By: • Thomas P. Howell Assistant Counsel • Attorney for Plaintiff Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (Attorney LD. #79527) (717) 783-4467 (Phone) (717) 783-4469 (Fax) iy IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR& INDUSTRY . . UNINSURED EMPLOYERS GUARANTY FUND vs. Docket No. WESTHAFER AUTO REPAIR, INC. A/K/A 13-673 WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 Defendant CERTIFICATE OF SERVICE I, THOMAS P. HOWELL, hereby certify that a true and correct copy of the Order of Court in the above-captioned matter, noting a rule return date of 20 days from the date of service, has been served upon the following persons: WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 STEPHEN WESTHAFER • 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 Via: first-class and certified mail. r( `l Date: _ ` By: Thomas P. Howell Counsel for Plaintiff 7.1111 MAR 20 PH 2: 31 2"i; ! l ;; A C':- 2c r r COMMONWEALTH OF ` `"` AND �; "`•`T.J25 PENNSYLVANIA DEPARTMENT-OFYLVAa 43)l ' =j ;, LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff sodic t.of ettiderlata v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT WESTHAFER AUTO REPAIR, INC. a/k/a WESTHAFER'S AUTO REPAIR, 2013-00673 CIVIL TERM INC:, Defendant IN RE: PLAINTIFF'S MOTION FOR SANCTIONS AND SUPPLEMENTARY RELIEF IN AID OF EXECUTION ORDER OF COURT AND NOW;this?, day of March 2014, upon consideration of Plaintiffs Motion for Sanctions and Supplementary Relief in Aid of Execution, a RULE is issued upon Defendant to show cause why Plaintiffs motion should not be granted. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service. B , r Thomas A. Placey C.P.J. . Distribution: Thomas P. Howell, Esq. Westhafer Auto Repair, Inc. c/o Stephen Westhafer x- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Civil Action - Law Plaintiff Docket #: 13-673 vs. WESTHAFER AUTO REPAIR, INC. Lien A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 -- & ' <-- -- 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 : -U�' Cn C/O STEPHEN WESTHAFER � 71 SILVER CROWN DRIVE >> `` MECHANICSBURG, PA 17050 . CERTIFICATE OF SERVICE I, THOMAS P. HOWELL, do hereby certify that on this date I served the Defendant, Westhafer Auto Repair, Inc., aka Westhafer's Auto Repair, Inc., with a copy of the foregoing Motion to Make Rule Absolute, by mailing same to the following individuals by regular United States Mail, First Class, postage prepaid, at the above addresses. Date: _Z7 ,12 o _ By, Thomas P. Howell Assistant Counsel Attorney for Plaintiff Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (Attorney I.D. #79527) (717) 783-4467 (Phone) (717) 783-4469 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 & 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 Defendant Docket No. 13-673 ORDER OF COURT AND NOW, this.") day of J 4,1, , 2014- , upon consideration of Plaintiff's Motion to Make Rule Absolute, a hearing is hereby scheduled for 5 Ara)$T 2ot4 at LOO/p.m. in Courtroom No.Sjtx in the Cumberland County Courthouse. All parties are directed to appear in person. Date: Thomas A. Placey Common Pleas Judge J. _.., :� r•..t_ U) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff v. WESTHAFER AUTO REPAIR, INC. a/k/a WESTHAFER'S AUTO REPAIR, INC., Defendant countp of gruntberlant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-00673 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 5t" day of August 2014, at the scheduled time for the hearing on the Motion where Defendant appeared but Plaintiff did not, the Motion is DISMISSED. Distribution: ta'omas P. Howell, Esq. sthafer Auto Repair, Inc. c/o Stephen Westhafer i•LL f3PDP? Thoma' A. Placey C.P.J. r J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff VS. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 & 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 C/O STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 : Civil Action - Law : Docket #: 13-673 : Lien 1st AMENDED MOTION TO MAKE RULE ABSOLUTE 1. Plaintiff is the Commonwealth of Pennsylvania, Department of Labor and Industry, Uninsured Employers Guaranty Fund, an agency of the Commonwealth of Pennsylvania with offices located at 1171 South Cameron Street, Harrisburg, Pennsylvania, 17104. 2. Defendant is Westhafer Auto Repair, Inc. aka Westhafer's Auto Repair, Inc., the last known addresses of which are 415 Railroad Avenue, Camp Hill, PA, 17011 and 120 West Allen Street, Mechanicsburg, PA, 17055. 3. On March 5, 2014, Plaintiff filed a Motion for Sanctions and Supplementary Relief in Aid of Execution, requesting that this Honorable Court issue an Order directing Defendant to provide Plaintiff with written answers to interrogatories within thirty (30) days. 4. On March 26, 2014, this Honorable Court issued an Order of Court directing Defendant to show cause why Plaintiff's Motion to Compel should not be granted. The Rule was returnable twenty (20) days from Plaintiff's date of service upon Defendant. A copy of the Court Order is attached hereto and marked as Exhibit A. 5. Also on March 26, 2014, Plaintiff filed a Certificate of Service, noting service of the Order of Court upon Defendant at the addresses identified in paragraph 2 supra, as well as the home address of Stephen Westhafer at 71 Silver Crown Drive, Mechanicsburg, PA, 17050. A copy of the Certificate of Service is attached hereto and marked as Exhibit B. 6. A Motion to Make Rule Absolute was subsequently filed by Defendant. On August 5, 2014, a hearing was held concerning the Motion to Make Rule Absolute. Due to a scheduling error, Defendant did not appear. This Honorable Court issued an Order of Court dismissing the Motion to Make Rule Absolute. A copy of the Order of Court is attached hereto and marked as Exhibit C. 7. More than twenty (20) days have passed since Defendant was served with the Court's March 26, 2014 Order and Defendant has failed to show cause why Plaintiffs Motion to Compel should not be granted. 8. More than twenty (20) days has passed since Defendant was served with the Court's March 26, 2014 Order and Defendant has not provided Plaintiff with Answers to Interrogatories. 9. Plaintiff hereby requests that this Honorable Court hold Defendant in civil contempt, and issue a bench warrant for the arrest of Stephen Westhafer, so that he is available to appear before this Court and explain why Defendant has not provided Plaintiff with Answers to Interrogatories. 10. This sanction is appropriate because: a. Defendant owes Plaintiff $89,000.00; b. Plaintiff is unable to locate a garnishee holding money or accounts for Defendant, and is therefore unable to recover monies civilly; c. Civil discovery, including written interrogatories, is a means by which Plaintiff can discover whether Defendant has any money available to satisfy its debt; d. Defendant has refused to provide Plaintiff with Answers to Interrogatories and otherwise refuses to cooperate with Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court hold Defendant in contempt for failure to respond to its written interrogatores, and issue a bench warrant for the arrest of Stephen Westhafer, so that he is available to appear before this Court and explain why Defendant has not provided Plaintiff with Answers to Interrogatories. Date: By: Respectfully submitted, Thomas P. Howell Assistant Counsel Attorney for Plaintiff Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (Attorney I.D. #79527) (717) 783-4467 (Phone) (717) 783-4469 (Fax) 20.111 MAR 20 2.! 3 I CINT,j COMMONWEALTH OF =-.�`I ��"L '. ? ; P •. k�,YL A, ;I t PENNSYLVANIA DEPARTMENT ut- LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff v. WESTHAFER AUTO REPAIR, INC. a/k/a WESTHAFER'S AUTO REPAIR, INC., Defendant A C; C IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-00673 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SANCTIONS AND SUPPLEMENTARY RELIEF IN AID OF EXECUTION ORDER OF COURT • AND NOW, this - day of March 2014, upon consideration of Plaintiff's Motion for Sanctions and Supplementary Relief in Aid of Execution, a RULE is issued upon Defendant to show cause why Plaintiffs motion should not be granted. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service. . Distribution: Thomas P. Howell, Esq. Westhafer Auto Repair, Inc. . c/o Stephen Westhafer I Thomas A. Placey C.P.J. fir IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUS 1RY UNINSURED EMPLOYERS GUARANTY FUND vs. WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 C/O S 1'EPHEN WESTHAFER 71 SILVER CROWN DRIVE- MECHANICSBURG, PA 17050 Defendant CERTIFICATE OF SERVICE Docket No. 13-673 I, THOMAS P. HOWELL, hereby certify that a true and correct copy of the Order of Court in the above -captioned matter, noting a rule return date of 20 days from the date of service, has been served upon the following persons: WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 WESTHAFER AUTO REPAIR, INC. A/K/A WESTHAFER'S AUTO REPAIR, INC. 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 Via: first-class and certified mail. Date: By: Thomas P. Howell Counsel for Plaintiff' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff v. WESTHAFER AUTO REPAIR, INC. a/k/a WESTHAFER'S AUTO REPAIR, INC., Defendant it map of Qtambettanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-00673 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 5th day of August 2014, at the scheduled time for the hearing on the Motion where Defendant appeared but Plaintiff did not, the Motion is DISMISSED. Distribution: Thomas P. Howell, Esq. Westhafer Auto Repair, Inc. c/o Stephen Westhafer (1 Thoma A. Placey C.P.J. N0ISI/dO 3Vl31I 441403 .s f3)?VOM .fir 11v3` n 81 :1dL-911VbIOZ A LSfUN1's 808V G Fi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, : Civil Action - Law Plaintiff : Docket #: 13-673 vs. WESTHAFER AUTO REPAIR, INC. : Lien A/K/A WESTHAFER'S AUTO REPAIR, INC. 415 RAILROAD AVENUE CAMP HILL, PA 17011 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 CIO STEPHEN WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050 CERTIFICATE OF SERVICE I, THOMAS P. HOWELL, do hereby certify that on this date I served the Defendant, Westhafer Auto Repair, Inc., aka Westhafer's Auto Repair, Inc., with a copy of the foregoing Motion to Make Rule Absolute, by mailing same to the following individuals by regular United States Mail, First Class, postage prepaid, at the above addresses. Date: �"2,.7 Thomas P. Howell Assistant Counsel Attorney for Plaintiff Bureau of Workers' Compensation Legal Division — Room 327 1171 South Cameron Street Harrisburg, PA 17104 (Attorney I.D. #79527) (717) 783-4467 (Phone) (717) 783-4469 (Fax) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY UNINSURED EMPLOYERS GUARANTY FUND, Plaintiff v. WESTHAFER AUTO REPAIR, INC. a/k/a WESTHAFER'S AUTO REPAIR, INC., Defendant Countp of QCumberTaub IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-00673 CIVIL TERM IN RE: 1ST AMENDED MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 27th day of August 2014, upon review of Plaintiff's Motion, the requests to hold Defendant in civil contempt and issue a bench warrant for his arrest is DENIED. It was the Plaintiff who failed to show at the hearing scheduled on the first Motion to Make the Rule Absolute when the Defendant did appear. In the alternative, the court will sua sponte schedule a second hearing on the Plaintiff's Motion to Make the Rule Absolute at which all parties are DIRECTED to appear in person. The hearing, on the Motion to Make Rule Absolute, shall be held on 3 October 2014 at 9:00 a.m. in Courtroom Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: Thomas P. Howell, Esq. -'Westhafer Auto Repair, Inc. ,c/o Stephen Westhafer Jcsed,,4 . mo1i /l©d e'pres., %Gc OURT, Thomas A. Placey .G _