HomeMy WebLinkAbout05-2549
.
ALPHA CONSULTING ENGINEERS, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05/ ,}.:ftl1
: CIVIL ACTION - LAW
~J~
STEVE WESTHAFER and
WESTHAFI'ER CONSTRUCTION, INC.
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the
case may proceed without you and a judgment may be entered against you by tbe Court without further
notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3 I 66
(800)990-9108
12,
~
Bruce D. Foreman, Esquire
Atty. ID #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717)236-9391
By:
Attorney for Defendant
Alpha Consulting Engineers, Inc.
1
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ALPHA CONSULTING ENGINEERS, INC.
Plaintiff
STEVE WESTHAFER and
WESTHAFfER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
NOTICIA
Le han demandado a Usted en la corte. Si Usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, Usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la
corte en forma escrita sus de fens as 0 sus objeciones alas demandas en contra de su personal. Sea avisado
que si Usted no se defiende, la corte tomara medidas y puede entrar una orden contra Usted sin previo
aviso 0 notificacion y par cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede
perder dinero 0 sus propiedades 0 otros derechos importantes para Usted. LLEVE EST A DEMANDA A
UN ABOGADO INMEDATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA 17013
(717) 249-3166
(800)990-9108
By:
Bruce D. Fore , squire
Atty. 10 #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717)236-9391
Attorney for Defendant
Alpha Consulting Engineers, Inc.
2
ALPHA CONSULTING ENGINEERS, INC.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05- dS<l1
STEVE WESTHAFER and
WESTHAF1'ER CONSTRUCTION, INC.
Defendants
: CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the Plaintiff, Alpha Consulting Engineers, Inc., by and through its
attorneys, Foreman & Foreman, P.C., and file the instant complaint, and in support thereof,
avers as follows:
PARTIES
1. Plaintiff, Alpha Consulting Engineers, Inc., is a Pennsylvania corporation with
principal offices located at 145 Limekiln Road, Suite, 600, P.O. Box G, New Cumberland,
Pennsylvania, 17070.
2. Defendant, Steve Westhafer, is an adult individual with principal offices located
at 120 West Allen Street, Mechanicsburg, Pennsylvania, 17055.
3. Defendant, Westhafer Construction, Inc., is a Pennsylvania corporation with
principal offices located at 120 West Allen Street, Mechanicsburg, Pennsylvania, 17055.
4. At all times relevant hereto, Defendant, Steve Westhafer and Defendant,
Westhafer Construction, Inc., acted as agent for each other and were bound by the actions of the
other.
3
FACTUAL BACKGROUND
5. In July and August of the year 2003, Defendants, individually and jointly,
solicited from Plaintiff a proposal for professional services with regard to the Glendale Drive
Tract. A true and correct copy of a written proposal dated August 4, 2003 is attached hereto,
labeled Exhibit "A" and made a part hereof.
6. The aforesaid proposal (Exhibit "A") indicated services to be performed by
Plaintiff which were to be provided for charge as set forth therein. Specifically, the proposal set
forth that, "The individualf corporation executing the Contract with Alpha agrees to pay the
Consultant for work performed in accord with the terms of the Contract without regard to
implementation of the project."
7. The contract (Exhibit "A") specifically further provided that, "Invoices will be
prepared and submitted to the Owner (synonymous with individualfcorporation executing the
Contract) on a monthly basis unless otherwise specified in the Contract. Invoices are payable
upon receipt. . . Concerning delinquent payments interest is presumed to be applicable to all
unpaid accounts beginning thirty (30) days after receipt of invoice with interest calculated at
one and one-half (1 112) percent per month. Further, the Owner agrees to pay all costs of
collection, including reasonable court costs and attorneys fees."
8. By written acceptance dated August 11, 2003, Defendant, Steve Westhafer, and
Defendant, Westhafer Construction, Inc., by Steve E. Westhafer, President, accepted the
Contract submittal (Exhibit "A"). A true and correct copy of the Acceptance, labeled Exhibit "B"
is attached hereto and made a part hereof.
9. During the period of August 1, 2003 through September 30, 2003, Defendant
duly performed under the aforesaid Contract, in a workmanlike and professional manner,
4
incurring total fees for the two (2) month period from August and September of 2003, in the
amount of Five Thousand Ninety-Seven and 50/100 ($5,097.50) Dollars which amount was
billed by an invoice dated September 30, 2003. A true and correct copy of the September 30,
2003 invoice is attached hereto, labeled Exhibit "c" and made a part hereof.
10. During the period of November 1, 2003 through January 31, 2004, Defendant
duly performed under the aforesaid Contract, in a workmanlike and professional manner,
incurring total fees for the three (3) month period from November 1, 2003 through January of
2004, in the amount of One Thousand Nine Hundred Sixty and 00/100 ($1,960.00) Dollars
which amount was billed by an invoice dated January 31, 2004. A true and correct copy of the
January 31, 2004 invoice is attached hereto, labeled Exhibit "D" and made a part hereof.
11. During the period from February 1, 2004 through June 30, 2004, Defendant duly
performed under the aforesaid Contract, in a workmanlike and professional manner, incurring
total fees for the five (5) month period from February 1, 2004 through June of 2004, in the
amount of Three Thousand Eight Hundred Ninety-Two and 50/100 ($3,892.50) Dollars which
amount was billed by an invoice dated June 30, 2004. A true and correct copy of the June 30,
2004 invoice is attached hereto, labeled Exhibit "E" and made a part hereof.
12. On February 28, 2005, Plaintiff forwarded to Defendant, Steve Westhafer, and
Defendant, Westhafer Construction, Inc., a statement showing the total of the three (3)
aforesaid invoices, Exhibits "C", "D" and "E" and added interest thereto in the amount of Two
Thousand Ninety-Four and 52/100 ($2,094.52) Dollars for a total account receivable from
Defendants, jointly and severally, to Plaintiff in the total amount due of Thirteen Thousand
Forty-Four and 52/100 ($13,044.52) as of February 28, 2005. A true and correct copy of the
statement is attached hereto, labeled Exhibit "F" and made a part hereof.
5
13. In addition to the interest indicated on the aforesaid February 28, 2005
statement (Exhibit "F") interest has continued to run, as per the terms of the contract (Exhibit
"A"), at the rate of one and one-half (1 112) percent per month from February 28, 2005 which
amount, through the date of May 16, 2005 is an additional amount of $495.88 or a total bill for
principal and interest through May 16, 2005 in the amount of $13,540-40.
14. Despite repeated requests for payment, Defendants, individually and jointly, have
refused to pay the bills, accounts stated and invoices of Plaintiff which are past due and owing.
COUNT I
EXPRESS CONTRACT
15. Plaintiff incorporates by reference the allegations set forth in paragraphs 1
through 14, inclusive, as fully as if set forth.
16. Pursuant to the terms of the Express Contract, attached hereto, and also agreed
to orally between the parties, Defendants, jointly and severally, owe Plaintiff the sum of
$13,044.52 together with interest continuing from the date of May 16, 2005 in the amount of
one and one-half (1112) percent per month or $495.88.
17. As a further term of the said Express Contract, Defendants, jointly and severally,
owe all costs of collection, including costs of suit, service and attorneys fees reasonably incurred
in collection, which amounts through the date of the filing hereof are in the amount of
$1,500.00.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in
the amount of $15,040-40 together with continuing interest and costs of collection.
6
COUNT II
ACCOUNTS STATED
18. Plaintiff incorporates by reference the allegations set forth in paragraphs 1
through 17, inclusive, as fully as if set forth.
19. Plaintiff, on several occasions, sent to Defendants invoices and accounts stated
detailing the amount of debt owed by Defendants, jointly and severally, to Plaintiff.
20. Neither Defendant, individually nor together, disputed the amounts claimed as
due were accurate and properly owed from each Defendant, jointly and severally, to Plaintiffs.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and
severally, in the amount of $13,044.52 as set forth in Exhibit "F", together with interest,
attorneys fees and costs incurred by Plaintiff in the instant litigation.
COUNT III
OUANTUM MERIT
21. Plaintiff incorporates by reference the allegations set forth in paragraphs 1
through 20, inclusive, as fully as if set forth.
22. In the event that Defendants, jointly or severally, deny the existence of a valid
and binding agreement to compensate Plaintiff as set forth, assuming arguendo that such
agreement does not exist or is not valid, Defendants, jointly and severally, have been unjustly
enriched because they received the benefit of the services of Plaintiff set forth herein for which
no consideration has been paid.
23. Defendants, jointly and severally, have accepted and retained such benefit.
7
24. Plaintiff has suffered a detriment as a result of the time expended and work done
to enrich Defendants, jointly and severally, as a result of which such enrichment is unjust.
25. It would be inequitable for Defendants to retain the benefit without payment of
the value to Plaintiff.
26. The value rendered by Plaintiff and received by Defendant is in the amount of
$15,040-40.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in
the amount of $15,040-40 together with interest, attorneys fees and collection costs incurred by
the Plaintiff.
By:
ruce . r ,~.
Atty. 10 #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717)236-9391
Attorney for Defendant
Alpha Consulting Engineers, Inc.
8
ALPHA CONSULTING ENGINEERS, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
STEVE WESTHAFER and
WESTHAFfER CONSTRUCTION, INC.
Defendants
: CIVIL ACTION - LAW
VERIFICATION
I verify that the statements made in foregoing Complaint are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
ALPHA CONSULTING ENGINEERS, INC.
Date: S /J (c / 0 cs- By:
9
~L?H~
ALPHA CONSULTING ENGINEERS, INC.
PLANNING. ENGINEERING. SURVEYING
August 4, 2003
Mr. Steve Westhafer
Westhafer Construction, Inc.
120 West Allen Street
Mechanicsburg, PA 17055
RE: Glendale Drive Tract
Silver Spring Township
Dear Mr. Westhafer:
It was a pleasure meeting with you to discuss your plans in Silver Spring Township.
Regarding the Glendale Drive Tract, we understand you are presently in the process of
obtaining a building permit to construct a single family residence on the tract. We further
understand Mr. Souders is in the process of having soils testing conducted for the on lot
sewage system.
Per our discussion, Alpha is proposing to conduct the following items:
SCOPE OF SERVICES:
A. Boundary and Topographic Survey including Setting Concrete Monumentation.
B. Wetland Delineation Report
C. General Permit (DEP) for Driveway Crossing
D. Conceptual Subdivision Plan for future
E. Erosion and Sediment Control Plan for Driveway
Estimated Cost based upon Scope of Work: $16,000.00
Exhibit "A"
145 LIMEKILN ROAD, SUITE 600, PO. BOX 'G' ~ NEW CUMBERLAND, PA 17070 . (717) 770-2500 . FAX (717) 770-2400
Mr. Steve Westhafer
August 4, 2003
Page 2
GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions are made a part of this Contract and shall
continue for the life of said contract.
Out of Scope Work
Any work requested that is not described in the Scope of Work will be billed on an
hourly basis according to the current fee schedule plus expenses. An example would be
additional studies or modifications to the plans resulting from changes in the site plan
and/or personal preferences of reviewers, government bodies, review agencies, agency
consultants, or the client.
Signature
The individual(s) executing this Contract, if acting on behalf of a partnership, corporation
or funding agency, represents that he has the authority to do so.
Duration of Proposal
The proposal is valid for a period of 90 days, after which, if not executed, Alpha reserves
the right to review and revise the estimated fee, time schedule, and other terms specified
herein.
Assignability
This Contract is not assignable except with the prior written consent of the Consultant
(synonymous with Engineer) and the owner and no assignment shall relieve the
individual executing the Contract of any obligations under the Contract.
Liabilities
The individual/corporation executing the Contract with Alpha agrees to pay the
Consultant for work performed in accord with the terms of the Contract, without regard
to implementation of the project. Payment of the Consultant is expressly not conditioned
upon the individual/corporation executing the Contract receiving any payment from third
parties who are not a party to this Contract, such as property owners, developers, or
funding agencies.
Mr. Steve Westhafer
August 4, 2003
Page 3
Invoices
Invoices will be prepared and submitted to the Owner (synonymous with
individuallcorporation executing the Contract) on a monthly basis unless otherwise
specified in the Contract. Invoices are payable upon receipt.
Concerning delinquent payments, interest is presumed to be applicable to all unpaid
accounts beginning 30 days after receipt of invoice, with interest calculated at one and
one-half percent per month. Funher, the Owner agrees to pay all cost of collection,
including reasonable court costs and attorney fees.
Consultant's Remedies
If Owner fails to make timely payments for services rendered, or fails to perform any
other obligations set forth herein, Consultant may, at its option, defer provision of further
services hereunder, revise its terms of payment, cancel the Contract, or pursue any other
remedy provided by law. If, in judgment of Constrltant, tire fina:ncial responsibility of
Owner shall at any time become impaired, Consultant may decline to perform further
services under this Contract except upon receipt, before performance, of payment in cash
or satisfactory security fur such payment in cash or satisfactory security for such
payment.
Hourly Rates
The hourly rates shown in this Contract or in the current Rate Schedule are valid for the
duration shown on that schedule. Services provided on an hourly rate basis after the end
of the year shown on the Rate Schedule will be at the rates established for the following
year.
In the interest of continuity, the Owner agrees to accept the Consultant's normal annual
hourly rate increase as they become effective and without prior notification. The current
rate schedule will be supplied to the Owner at any time upon his request.
Ownership and Use of Documents
AIl original data including, but not limited to field notes, computations, drawings,
specifications, reports, and correspllndence as instruments of services are and shall
remain the property of the Consultant.
The Consultant will provide prints of project drawings to meet the requirements of
governmental regulatory agencies to the extent defined in this Contract.
Mr. Steve Westhafer
August 4, 2003
Page 4
Upon request of the Owner, the Consultant will provide to the Owner reproducible copies
of prints prepared by the Consultant. The cost of such copies and/or prints will be billed
to the Owner in addition to the standard fees which are part of this Contract
The Consultant does not assume liability for the use of the project drawings by any other
than the Owner. Likewise, the Consultant is not responsible for the Owner's nse of the
Consultant's design for projects other than the project identified in this Contract.
The Consultant will not furnish copies of project drawings to third parties without
permission of the Owner.
Project Suspension or Termination
If the project is suspended or abandoned in whole or in part of more than three (3)
months, the Consultant shall be notified in writing.
The Consultant will prepare and transmit an invoice to the Owner for all services
performed prior to receipt of the Owner's written notice of suspension or termination of
the Contract. These expenses will include labor and direct expenses connected with
termination of the Contract, including printing and invoice preparation.
In those instances where work for a particular phase is incomplete at the time of
suspension or termination, the Contract states that the phase is to be billed at a fixed fee
or unit rate, the Consultant will be compensated for said incomplete work on the basis of
actual labor hours expended up until the time of suspension or termination, times the
current hourly billing rate for the Consultant's employees, plus direct expenses incurred
in the performance of the work, including prints, supplies, transportation and other costs.
Limited Warranty
For one (I)year from the date shown on this proposal, Consultant will replace any plans,
designs, specifications, drawings or other materials if defective in workmanship.aOwner's remedies hereunder are limited to the aforementioned right of replacement.
Except as set forth above, the Consultant makes no warranties concerning the services.
All other warranties, whether express, implied, or statutory, are hereby excluded.
Au<< 04 03 03:35p
ALPHR Ccnsul~;n<< Ene.
Mr. Steve Wesdla1er
August 4, 2003
PageS
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Exhibit "B"
p.li
Steve Westhafer
Westhmr CODStruetiOD, Inc.
120 West Allen Street
Mechanicsburg, PA 17055
September 30, 2003
Project No. 230589
Invoice # 2448
For: Glendale Drive tract (Silver Spring Township)-
BoundaJy, Topographic Survey and Preparation ofGP-7
Proressional services rendered for the period August 1, 2003 to September 30, 2003
Fees
Hours
John Murphy 2.00
Richard Castranio 8.00
Survey Crew 34.00
Wesley Madden 4.50
Joseph Bilda 9.00
William Packer 2.00
Total Fees
$ 5,097.50
Total Tillis Invoice
$ 5,097.50
Exhibit "e"
145 LIMEKILN ROAD. SUITE 600. PO. BOXG' , NEW CUMBERLAND. PA 17070 , 1717i 770-2500 , FAX (717) 770-2400
"-----"
~L-?Hb.
ALPHA CONSULTING ENGINEERS, INC.
PLANNING. ENGINEERING. SURVEYING
INVOICE
Steve Westhafer
Westhafer CODStructioD, IDe.
120 West Allen Street
Mechanicsburg, P A 17055
January 31, 2004
Project~o.230589
Invoice # 2685
For: Glendale Drive tract (Silver Spring Township)-
Boundary, Topographic Survey and Preparation of GP-7
Professional services rendered for the period November 1, 2003 to January 30,2004
Fees
Hours
Richard Castranio 2.00
Survey Crew 6.50
Rory Chapman 3.00
Joseph Bilda 3.00
William Packer 10.00
Total Fees
$ 1,960.00
Total This Invoice
$ 1,966.60
Exhibit "0"
145 LIMEKILN ROAD, SUITE 600, P.O. BOX 'G' . NEW CUMBERLAND, PA 17070 . (717) 770-2500 . FAX (717) 770-2400
.dL-?11t
ALPHA CONSULTING ENGINEERS, INC.
PLANNING. ENGINEERING. SURVEYING
INVOICE
Steve Westhafer
Westbafer CODstruetion, Ine.
120 West Allen Street
Mecbanicsburg, PA 17055
June 30, 2004
Project No. 230589
Invoice # 3001
For: Glendale Drive tract (Silver Spring Township) - Survey
Professional services rendered fur the period February 1,2004 to June 30, 2004
Fees
Hours
Survey Crew 7.50
Survey Crew (3 man) 10.50
Rory Chapman 8.00
William Hetrick 13.50
Joseph Bilda 1.50
James Anderson 3.00
Total Fees
$ 3,892.50
Total This IDvoiee
$ 3,892.50
Exhibit "E"
145 LIMEKILN ROAD, SUITE 600, P.O. BOX 'G' . NEW CUMBERLAND, PA 17070 . (717) 770-2500 . FAX (717) 770-2400
.dL?1 It
ALPHA CONSULTING ENGINEERS, INC.
PLANNING. ENGINEERING. SURVEYING
STATEMENT
Steve Westhafer
Westhafer Construction, Ine.
120 West Allen Street
Mechanicsburg, PA 17055
Statement Date: 2/28/05
Project No. 230589
Glendale Drive
Reference Description Payment Invoice Amount Balance
Invoice #2448 (9/30/03) 5,097.50
Invoice #2685 (1/31/04) 1,960.00
Invoice #3001 (6/30/04) 3,892.50
Interest 2,094.52 13,044.52
Please Pay
This Amount ->
$ 13,044.52
Exhibit "F"
145 LIMEKILN ROAD. SUITE 600, P.O. BOX 'G' ~ NEW CUMBERLAND, PA 17070 ~ (717) 770.2500 . FAX (717) 770.2400
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02549 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALPHA CONSULTING ENGINEERS INC
VS
WESTHAFER STEVE ET AL
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
was served upon
the
WESTHAFER STEVE
2005
DEFENDANT
at 0016:16 HOURS, on the 25th day of May
at 120 WEST ALLEN STREET
MECHANICSBURG, PA 17055
by handing to
ANITA BARNES (RECEPTIONIST)
a true and attested copy of NOTICE
COMPLAINT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.40
.00
10.00
,00
35.40
Sworn and Subscribed to before
@...
me this S day of
LJt"...,...... ..201J5 A.D.
, (I.
~ (J )u,d;" , ~ $rlf
Prothonotary ,
So Answers:
r~~
R. Thomas Kline
OS/27/2005
FOREMAN & FOREMAN
By:
~'sfz:;;
1IIJ--"
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02549 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALPHA CONSULTING ENGINEERS INC
VS
WESTHAFER STEVE ET AL
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
was served upon
WESTHAFER CONSTRUCTION INC
the
DEFENDANT
, at 0016:16 HOURS, on the 25th day of May
, 2005
at 120 WEST ALLEN STREET
MECHANICSBURG, PA 17055
by handing to
ANITA BARNES (RECEPTIONIST)
a true and attested copy of NOTICE
together with
COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavi t
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
r~~.-.<~~
R. Thomas Kline' '
OS/27/2005
FOREMAN & FOREMAN
Sworn and Subscribed to before
By:
V:~- V-
Deputy S eri
me this .Fe
day of
Q1,,"'" ;JlJfI( A.D.
(/J~~t' Q ),,<iie,.. *
/ othonotary I
o
ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-2549 Civil Term
STEVE WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please entett::!:ent ~I in the amount of Fifteen Thousand Forty
1\
and 40/100 ($15,040.40) Dollars, plus interest from May 16, 2005, in favor of
the Plaintiff, ALPHA CONSULTING ENGINEERS, INC, and against the Defendants,
STEVE WESTHAFER AND WESTHAFER CONSTRUCTION, INC. by default for failure to
plead within the required time,tQ il "/r'. ~f R~ -~ . I '~ .._"l, after proper notice
to Defendant, as required by the Rules of Court.
Respectfully submitted,
FOREMAN & FOREMAN, P.C.
By:
Bru e D. Fo n
Attorney lOt # 211
4409 North Front Street
Harrisburg, Pennsylvania 17110-1709
(717) 236-9391
Dated: ",pile)~
Attorneys for Plaintiff
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ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-2549 Civil Term
STEVE WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
TO: Westhafer Construction, Inc.
120 West Allen Street
Mechanicsburg, PA 17055
You are I;\eL~.g~ notified that on the ;;J.<j' day of ~ht-P
, 2005, a;j'U'agment of . ii, based on your failure respond after proper
notice, was eJered against you in the sum of Fifteen Thousand Forty and
40/100 ($15,040.40) Dollars, together with interest and court costs, accruing
from March 28, 1994, in the above-captioned case.
Date: t-';;l1!"oS Iff tu.-;i; /? ~
Prothonotary /)eL-
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9108
I hereby certify that the following is the address of the Defendant stated in
the certificate of residence:
120 West Allen Street, ~anicsburg, PA 17055
(~7JY\ ~~
Attorn~ r Plaintiff(s)
ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-2549 Civil Term
STEVE WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
Para: Westhafer Construction, Inc.
120 West Allen Street
Mechanicsburg, PA 17055
Por este medio sea avisado que en el dia de 2000, un
fallo por admision fue registrado contra usted por la cantidad de $15,040.40 del
caso antes escrito.
Fecha:
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9108
Por este medio certifico que 10 siguiente es la direccion del demandado dicho
en el certificado de residencia:
17055
(;)
Abogado(a) de Demandante(s)
05128/2005 11:05 7172355502
FOREMAN & FOREMAN
PAGE 02
ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBER.LAND COUNTY, PENNSYLVANIA
v.
NO. 2005-2549 Civil Term
STeve; WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
IMPORTANT !\lOnCE
TO: Steve Westhafer
120 West Allen Street
Mechanicsburg, PA 17055
DATE OF NOnCE: 'une 15, 2005
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 S, Bedford Street
Carlisle, PA 17013
(800) 990-9108
AN, P.C.
By
tRU E D. F AN, ESQUIRE
4409 North Fro Street
Harrisburg, PA 17110
(717) 236-9391
1D #21193
Attorneys for Plaintiff
OS/28/2005 11:05 7172355502
FOREMAN & FOREMAN
PAGE 03
ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-2549 Civil Term
STEVE WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
NOTICIA IMPORTANTE
TO: Steve Westhafer
120 West Allen Street
Mechanicsburg, PA 17055
LA FECHA DE NOTICA: el 15 de June de Z005
USTED NO HA COMPUDO CON EL AVISO ANTERIOR PORQUE HA FALTADO
EN TOMAR MEDIDAS REQUERIDAS CON RESPETO A E5TE CASO. 51 USTED NO
ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES
POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA
Y USTED POORIA PEROER SU PROPIEOAD 0 OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. 51 USTEO NO
TIENE ABOGADO 0 NO TIENE EL DINERO SUFICIENTE CON QUE PAGAR LOS
SERVICIOS DE UN ABOGADO, VAYA 0 lLAME A LA OFICINA ESCRITA ABAJO PARA
AVERIGUAR A DONOE USTED PUEDE OBTENER LA AYUDA lEGAL.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9108
MAN, P.C.
By
8 UC D. FO MAN, ESQUIRE
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
ID #21193
Attorneys fOr Plaintiff
ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-2549 Civil Term
STEVE WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
TO THE PROTHONOTARY:
CERTIFICATE OF SERVICE
I, Bruce D. Foreman, Esquire, of the law firm of FOREMAN & FOREMAN, do
hereby certify that on the elf 'II- day of June, 2005, I served the attached
notice pursuant to Pa.R.C.P No. 237.1(a)(2) upon the following defendants in this
matter:
Westhafer Construction, Inc.
120 West Allen Street
Mechanicsburg, PA 17055
Respectfully submitted,
FOREMAN &. FOREMAN, P.C.
By:
Bruce D. F re , Esquire
Attorney ID # 21 93
4409 North Front Street
Harrisburg, Pennsylvania 17110-1709
(717) 236-9391
Attorneys for Plaintiff
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ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-2549 Civil Term
STEVE WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF ']){hJPH1AJ
55.
Personally appeared before me, a Notary Public in and for said
Commonwealth and County, BRUCE D. FOREMAN, ESQUIRE, who, being duly sworn
according to law, deposes and says that:
On 6/22/2005 ,I forwarded by mail, a 10-Day Notice to Defendant
Steve Westhafer at 120 West Allen Street, Mechanicsburg, PA 17
.(?
N, ESQUIRE
Sworn to and subscr~
be me this ../.3 day of
,2005.
Notary Public
My Commission Expires:
NOTARIAL SEAL
MICH.LE A RENEKER, Notary Public
City of Harrisburg, Dauphin County
Mv Commission Expires March 17. 2007
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ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
STEVE WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
TO THE PROTHONOTARY:
NO. 2005-2549 Civil Term
CIVIL ACTION - LAW
Issue a writ of execution in the above matter,
directed to the Sheriff of Cumberland County;
against Steve Westhafer and Westhafer Construction, Inc., Def~ndant;
and (JO W ~ Sf--..
against Wachovia Bank, Garnishee; ,
and enter this writ in the judgment index ~ t 2000
(a) against Steve Westhafer and Westhafer Construction, Inc.,
Defendant; and
(b) against Wachovia Bank, as Garnishee, as a lis pendens against
[ I . ",,' reqj P,roperty of the Defendant in name of Garnishee as follows:
v ex. () t ~ {wrtSe1l\ t ey 71..( f.!..-t,
~~ /1ff<....- any and all savinqs accounts. checking accounts. money market
vW funds. certificates of deposit or any other accounts. contracts.
debts or oblioations owed to Defendant or in which Defendant
has any interest.
(1)
(2)
(3)
(4)
(5)
Principal Amount due
Interest from May 16, 2005 through June 20, 2005
Costs to be added
By:
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$15,040.40
$ 160.71
$ ..-330.uu
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WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-2549 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ALPHA CONSULTING ENGINEERS INC Plaintiff(s)
From STEVE WESTHAFER AND WESTHAFER CONSTRUCTION INC., 120 W. ALLEN ST.,
MECHANICSBURG PA 17055.
(I) You are directed to levy upon the property of the defendant (o)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
ofWACHOVIA BANK, 5201 SIMPSON FERRY ROAD, MECHANICSBURG P A 17050
GARNISHEE(S) as follows:
ANY AND ALL SAVINGS ACCOUNTS, CHECK ACCOUNTS, MONEY MARKET FUNDS,
CERTIFICATES OF DEPOSIT OR ANY OTHER ACCOUNTS, CONTRACTS, DEBTS OR
OBLIGATIONS OWED TO DEFT OR IN WHICH DEFT HAS ANY INTEREST.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a
garnisbee and is enjoined as above stated.
Amount Due $15,040.40
Interest FROM 5/16105 TO 6120/05 = $160.71
Arty's Connn %
Atty Paid $133.90
Plaintiff Paid
Date: JULY 20, 2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
'''J
By: ~
-
ti h'J~
Deputy
REQUESTING PARTY:
Name BRUCE D FOREMAN, ESQ
Address: 4409 N FRONT ST
HARRISBURG PA 17110-1709
Attorney for: PLAINTIFF
Telephone: (717) 236-9391
Supreme Court ID No. 21193
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street. Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
ALPHA CONSULTING ENGINEERS, INC.
; COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
vs.
STEVE WESTHAFER AND WESTHAFER
CONSTRUCTION, INe.
and
: NO. 2005-2549
W ACHOVIA BANK, N.A.,
GARNISHEE
RNTRVOF APPRARANCF,
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Wachovia Bank, N.A, Garnishee, in the
above-captioned matter.
JON C. IN
Attorney for Garnishee
Date:
.-..:> rj
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SIRLIN GALLOGLY & LESSER, P.c.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, P A 19102
(215) 864-9700
Attorney for Garnishee
ALPHA CONSULTING ENGINEERS, INC.
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
vs.
STEVE WESTHAFER AND WESTHAFER
CONSTRUCTION, INC.
and
: NO. 2005-2549
W ACHOVIA BANK, N.A.,
GARNTSHF.E
ANSWF.RS TO INTli'.RROr.ATORlRS IN ATTACHMF:NT
TO: ALPHA CONSULTING ENGINEERS, INC., Plaintiff
1. No.
2. Yes, an account titled Westhafer Construction, Inc. with a balance of $843.52, an
account titled Westhafer Construction, Inc. with a balance of $11,298.18, and an account titled
Steven E. Westhafer with a balance of $7,175.83. The sum of $19,317.53 has been restricted
pursuant to this Writ.
3. - 6. No.
7. See answer to number two above.
Dated:
II "WACHOVIA
Legal Order Processing
104 Independence Mall East
11th Floor - PA4418
Philadelphia, PA 19106
VERIFICATION
Kathleen Gormley, being duly sworn according to law, deposes and says that she is the
Writ of Execution Administrator of Wachovia National Bank, Garnishee herein, and
verifies that the statements made in the foregoing Answers to Interrogatories are true
and correct to the best of her knowledge. Said Garnishee understands that false
statements herein are made subject to penalties of 18 Po. C.S. Section 4904, relating to
sworn falsification to authorities.
If:~ ~~~JA ,/
Kathleen Gormley (5
Manager
Dated: 1..31- DC;-
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Bruce D. Foreman, Esquire
Foreman & Foreman, P.C.
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
bruce@.foreman-foreman.com
Counsel for Plaintiff
ALPHA CONSULTING ENGINEERS, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-2549 Civil Term
STEVE WESTHAFER and
WESTHAFER CONSTRUCTION, INC.
Defendants
CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
On behalf of the Plaintiff, Alpha Consulting Engineers, Inc., please mark the
Judgment in the above-captioned matter settled, satisfied and withdrawn.
Respectfully submitted,
FOREMAN & FO MAN, PC.
By:
Bruce D. Fen, Esquire
I.D. No. 21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236.9391
Attorney for Plaintiff
Date: September 2, 2005
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SlRLIN GALLOGLY & LESSER, P.C
By: Jon C. Sirlin, Esquire, I.D. No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
ALPHA CONSULTING ENGINEERS, me.
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
vs.
STEVE WESTHAFER AND WESTHAFER
CONSTRUCTION, me.
and
: NO. 2005-2549
W ACHOVIA BANK, N.A.,
GARNTSHRF
: ATTORNEYLD.#17498
RTI ,T, OF COSTS OF GA RNTSlmR, W ACHOVT A RANK, N.A
Garnishee, Wachovia Bank, N.A., hereby bills the following costs to the fund attached and
will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503:
Garnishee's fee pursuant to
42 Pa. C.S.A Section 2503:
Notary Charges:
Entry of Appearance:
Answers to Interrogatories:
Order to Discontinue or Satisfy:
Other:
$700 00
$ 000
$ 000
$ 000
$ 000
$ 000
$700 00
Costs are hereby taxed in the amount of$ ~
BY:
.......:> 0
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-02549 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ALPHA CONSULTING ENGINEERS INC
VS
WESTHAFER STEVE ET AL
And now GERALD WORTHINGTON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:33 Hours, on the 25th day of July
2005, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WESTHAFER CONSTRUCTION INC
in the
hands, possession, or control of the within named Garnishee
WACHOVIA BANK 604 EAST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
CHRIS MOULTON (SERVICE BANKER)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to His .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
~9Z.~-t:#-~
R. Thomas Kline
Sheriff of Cumberland County
07/27/2005
Sworn and subscribed to before me
BY~~ I~~
Deputy iff
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-02549 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ALPHA CONSULTING ENGINEERS INC
VS
WESTHAFER STEVE ET AL
And now GERALD WORTHINGTON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:33 Hours, on the 25th day of July
, 2005, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WESTHAFER STEVE in the
hands, possession, or control of the within named Garnishee
WACHOVIA BANK 604 EAST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
CHRIS MOULTON (SERVICE BANKER)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to His .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So answers:. ~~. .
~~~-€~t
R. Thomas Kli e
Sheriff of Cumberland County
07/27/2005
Sworn and subscribed to before me
By -4~ LA )(/1ft'r
Deputy h iff
th~O,!:-r/-l A.g~y of ALt~tlsI
,~,':iIifl?
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL
u_c ~
::::: ~
0':::,,_ rr\
u.1..
J,'; SO A1Bswers;
"
, 0 (..)
;this "'q'day of
~-~
18.00
1.65
Advance Costs: 150.00
Sheriff s Costs 84.15
65.85
.50
1.00
4.00
Refunded to Atty on 01119/06
30.00
20.00
9.00
84.15
V
'-\
Sworn and Subscribed to before me
\..,
""~~L
R. Th~Jr Klin.e, SheriffJ
By C fu1JII_ ~~cJ(
v,
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CJC. j.2)l}'fi'
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 05-2549 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ALPHA CONSULTING ENGINEERS INC Plaintiff(s)
From STEVE WESTHAFER AND WESTHAFER CONSTRUCTION INC., 120 W. ALLEN ST.,
MECHANICSBURG PA 17055.
(1) You are directed to levy upon the property of the defendant(s)and to sell
(2) You are also directed to attach the property of the defendant( s) not levied upon in the possession
ofW ACHOVIA BANK, 5201 SIMPSON FERRY ROAD, MECHANICSBURG P A 17050
GARNISHEE(S) as fonows:
ANY AND ALL SAVINGS ACCOUNTS, CHECK ACCOUNTS, MONEY MARKET FUNDS,
CERTIFICATES OF DEPOSIT OR ANY OTHER ACCOUNTS, CONTRACTS, DEBTS OR
OBLIGATIONS OWED TO DEFT OR IN WHICH DEFT HAS ANY INTEREST.
and to notify the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is enjoined trom
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $15,040.40
Interest FROM 5/16/05 TO 6/20/05 = $160.71
L.L. $,50
Atty's Comm
%
Due Prothy $1.00
Other Costs
Atty Paid $133.90
Plaintiff Paid
Date: JULY 20, 2005
CURTIS R. LONG
(Seal)
REQUESTING PARTY:
Name BRUCE D FOREMAN, ESQ
Address: 4409 N FRONT ST
HARRISBURG PA 17110-1709
Attorney for: PLAINTIFF
Telephone: (717) 236-9391
Supreme Court ID No. 21193