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Home My WebLink About09-3977IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE CUSTOM HOMES, INC., Plaintiff V. GARY C. WESNER, Defendant oR - 3 77 (Av?t Tents No PRAECIPE TO ENTER JUDGMENT To the Prothonotary: Please enter judgment in favor of Keystone Custom Homes, Inc., against Gary C. Wesner in accordance with the exemplified record from the Prothonotary of York County, Pennsylvania. The address of the Defendant is: Gary C. Wesner 3820 Ridgewood Road York, PA 17046 The address of the Plaintiff is: Keystone Custom Homes, Inc. 227 Granite Run Dr., Suite 100 Lancaster, PA 17601 BARLEY SNYDER By: Paul W. nnich 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee Prothonotary Billie Jo Bones Deputy Prothonotary Gregory E. Gettle Solicitor KEYSTONE CUSTOM HOMES INC Plaintiff Vs. GARY C WESNER Defendant To Whom It May Concern: York County Judicial Center 45 North George Street York, Pennsylvania 17401 Telephone (717) 771-9611 Case No. 2009 NO 2985-30 I certify that judgment was entered in favor of KEYSTONE CUSTOM HOMES INC and against GARY C WESNER on the I ITH day of JUNE, 2009 in said case in the amount of $275,000.00. Total costs paid by plaintiff to the York County Courts equals $77.25. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the I I TH day of JUNE, 2009. P-ct 5. Prothonotary By Deputy IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA KEYSTONE CUSTOM HOMES, INC., No. 2009 NO CD Plaintiff Confession of Judgment c Thursday, June 11; 2009 327 PM 70 r,? GARY C. WESNER, Defendant 2009-NO-002985-30 _ - .. cr- CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for Defendant, Gary C. Wesner, and confess judgment in favor of Plaintiff, Keystone Custom Homes, Inc., and against Gary C. Wesner, as follows: Principal $250,000.00 Collection fee of 10% 25,000.00 Total $275,000.00, Plus costs of suit BARLEY SNYDER LL By: aul . Mi ich Attorney for Defendant I, IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA KEYSTONE CUSTOM HOMES, INC., Plaintiff V. GARY C. WESNER, Thursday, June 11, 200912:22 PM 2009-NO-002985-30 Defendant COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, by and through its undersigned counsel, files the following Complaint in Confession of Judgment pursuant to Pa.R.C.P. 2950, et seq. 1. Plaintiff is Keystone Custom Homes, Inc., a Pennsylvania corporation which has an office and place of business at 227 Granite Run Dr., Suite 100, Lancaster, Pennsylvania 17601. 2. Defendant is Gary C. Wesner, an adult individual who has a residence address of 3820 Ridgewood Road, York, Pennsylvania 17406. 3. On February 7, 2007, Defendant, as Obligor, executed a Confession of Judgment Note in favor of Plaintiff, as Obligee, in the principal amount of $250,000, with interest as set forth therein (hereinafter Note). A true and correct photostatic copy of the Note is attached and made a part hereof as Exhibit A. No. 2009 NO Confession of Judgment 1 4. As more fully set forth in the Note, Plaintiff is entitled to appear for Defendant i and to confess judgment against him at any time for the amount for which he may be or become liable under the terms of the Note, with interest, a collection fee of 10%, and costs of suit. 5. A calculation of the amount due under the Note is as follows: Principal $250,000.00 Collection fee of 10% 25,000.00 Total $275,000.00, Plus costs of suit 6. The Note has not been assigned. 7. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 8. Judgment has not previously been entered on the Note. WHEREFORE, Plaintiff, Keystone Custom Homes, Inc., demands judgment in its favor and against Gary C. Wesner in the amount of $275,000.00, plus costs of suit and interest as allowed by law. BARLEY SNYDER LLC By: au W inmh 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Plaintiff 2626053 2 VERIFICATION I, Robert K. Weaver, hereby verify that the facts set forth in the foregoing Complaint in Confession of Judgment 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.A. §4904 relating to unsworn falsification to authorities. Dated: IV/ Robert K. Weaver EXHIBIT A AND NOW, this 7th of February, 2007, for value received, GARY C. WESNER, an adult individual with principal address of 2550 Kingston Road-Suite 221, York, PA 17402 (hereinafter called OBLIGOR) hereby promises to pay to the o*r of KEYSTONE CUSTOM HOMES, INC., a Pennsylvania Business Corporation with offices at 227 Granite Run Drive- Suite 100, Lancaster, PA 17601 (hereinafter called OBLIGEE) at the office of Obligee the sum of Two Hundred Fifty Thousand and 00/100 ($250,000.00) Dollars, together with as herein provided, due and payable as herein provided: 1. This Note is executed under the terms of a certain Settlement and Amendment Agreement bearing even date herewith (the "Settlement Agreement"). The outstanding principal balance hereof shall bear no interest until such time as Obligee is entitled to reimbursement of all sums paid down by Obligee to Obligor under the terms of the St. Thomas Agreement, as defined in the Settlement Agreement. Thereafter, the principal balance of this obligation shall bear interest at the rate of of Ten (10%) Percent per annum. 2. The entire balance of this obligation shall be due and payable without demand on the date on which Obligee is entitled to reimbursement of all sums paid down by Obligee to Obligor under the terms of the St. Thomas Agreement, as defined in the Settlement Agreement. Declaration filed by Obligee shall be conclusive evidence of Obligee's entitlement to such reimbursement. All sums due hereunder shall bear interest at the contract rate herein set forth until paid in full, the entry of any judgment based upon this Note notwithstanding. Unless otherwise expressly provided herein, all obligations hereunder shall be payable or performable without demand or notice. Payment of this obligation may be enforced and recovered by the entry of judgment on this Note and the issuance of execution thereon. Obligor shall bear all costs of collection of this obligation, including all court costs, incidental expenses, and Obligee's counsel fees, all of which shall bear interest at the contract rate herein specified until paid in full and all of which shall be due without demand from time to time as accrued. Obligor, hereby irrevocably authorizes any Prothonotary or any Attorney of any Court of record within the United States or elsewhere to appear for him and to confess judgment against him, at any time, whether or not an event of default exists hereunder, without declaration filed, for the amount for which he may be or become liable under the terms of this Note, with or without declaration filed, together with interest as herein provided, a collection fee of Ten (10%) Percent, but not less than $1,000.00, all costs of suit, release of errors, and waiver of appeals, and without stay of execution. Further, the said Obligor hereby waives any and all rights of inquisition on any real estate that may be levied upon to collect the amount due under a judgment obtained by virtue hereof, and he does hereby voluntarily condemn the same and authorizes the Prothonotary to enter upon a Writ of Execution said voluntary condemnation, and does hereby further agree that said real estate may be sold on a Writ of Execution, and he hereby waives and releases all relief from any and all appraisement, stay, and exemption laws of any state now in force or hereafter enacted, and any right to except to, strike off, open, or appeal from the judgment so entered. If a true copy of this instrument shall be filed in such action, it shall not be necessary to file the original as a warrant of attorney, any rule of court to the contrary notwithstanding. No single exercise of the foregoing warrant and power to confess judgment shall be deemed to exhaust the power, whether or not any such exercise shall be held by a court to be invalid, voidable, or void, but the power shall continue undiminished and may be exercised from time to time as often as may be necessary until all sums payable under the terms of this Agreement have been paid in full. This Power of Attorney shall not be affected by the subsequent disability or incapacity of Obligor, or any of them. This Power of Attorney shall be irrevocable and is coupled with an interest. IN WITNESS WHEREOF, the Obligor has executed this Judgment Note the day and year first above written, intending to be legally bound hereby. • (SEAL) GARY WESNER EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF AN INSTRUMENT CONTAINING A CONFESSION OF JUDGMENT The undersigned, Gary C. Wesner, clearly and specifically understands that by signing the foregoing Judgment Note, which contains a Confession of Judgment clause, of date even herewith: 1. He authorizes the Holder, and the Holder's successors and assigns, to enter a judgment against him at the Holders discretion and in favor of the Holder without notice and without formal declaration of default for nonpayment, which entry will give the Holder a lien as security for payment upon the real property owned by the undersigned at the time of entry, and a lien on the personal property owned by the undersigned at the time it is given to the sheriff for execution, and further that he authorizes the undersigned to have a Writ of Execution issued against property of the undersigned and such property of the undersigned sold by the Sheriff pursuant to such Writ. 2. He waives all right to notice and to have an opportunity to be heard prior to the entry of the judgment on the court records, the issuance of a Writ of Execution, the levying by the Sheriff upon property of the undersigned, and the sale of property of the undersigned by the Sheriff, understanding that the only method of challenging this judgment, Writ of Execution, or levy would be by proceedings in court to open or strike the judgment, which proceedings would result in substantial attorneys fees that the undersigned would have to pay. Without such Confession of Judgment clause the Holder would have to file suit against the undersigned, which would give him an opportunity for a hearing, but which he is giving up by reason of the confession. The undersigned acknowledges receipt of a copy of this affidavit and certifies that, after reading and fully understanding it, he has executed this affidavit intentionally, with fill understanding of its terms and importance, voluntarily waiving all the above rights and being willing to execute the Judgment Note and this affidavit despite the consequences described above, on this 7th day of February, 2007. 4GY C. ER COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF LANCASTER On this 7th day of February, 2007, before me, the undersigned officer, personally appeared Gary , Wesner, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notorial seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seel Cynthia W. Weider, Notary Pd* West Larnpeter Twp., Um=$W County My C«m*Won t: 0w Oot 23, 20t o Member, Pennsylvania Assooiatlon of Notarks " b' ??- Not Public f:A wig'-n .? IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA s i KEYSTONE CUSTOM HOMES, INC., Plaintiff V. GARY C. WESNER, Defendant No. 2009 NO Confession of Judgment Thursday, June 11, 2009 12:22 PM 2009-NO-002985-30 NOTICE OF FILING JUDGMENT Pa.R.C.P. 236 (x) Notice is given that a judgment in the above-captioned matter has been entered against you in t1e amount of $275,000.00, plus costs of suit and interest as allowed by law, on June t , 2009. (x) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Pamela S. Lee Prothonotary of York County By: Deputy If you have any questions regarding this Notice, please contact the filing party: Paul W. Minnich, Esq. Barley Snyder LLC 100 East Market Street P. 0. Box 15012 York, PA 17405-7012 (717) 846-8888 (This Notice is given in accordance with Pa. R.C.P. 236.) Notice sent to: Gary C. Wesner Gary C. Wesner 3820 Ridgewood Road 2550 Kingston Road, Suite 221 York, PA 17406 York, PA 17402 bjl YORK COUNTY PROTHONOTARY Page 1 of 1 6/12/2009 2009-NO-002985-30 KEYSTONE CUSTOM HOMES INC vs. WESNER GARY C Action 06/11/2009 JUDGMENT CONFESSED PURSUANT TO WARRANT 04307 1 OF ATTY 06/11/2009 COMPLAINT AND CONFESSION OF JUDGMENT ON 04452 NOTE=1N THE AMT OF $275,000.00 06/11/2009 AFFIDAVIT RE: NON-CONSUMER CREDIT 05164 TRANSACTION 06/11/2009 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED 6/11/09 Party Name D- WESNER GARY C P- KEYSTONE CUSTOM HOMES INC 8 1 1 Atty Name MiNN/CH, PAUL Total Number of Pages : 11 ?I C l! oQ H . ACL_ . C O O' a d -? O N H V C C C d O U C W N Cc, C3 Y E yr°?° OF THE P;,!f,( - r"nr,,TfARY 2004 JUN 15 Ali 10: 2 0 c l"At i u` PEN NS LVkKtIr ?' ?d9 D? ?I er# yUuyg ?? ?auu6S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE CUSTOM HOMES, INC., Plaintiff V. GARY C. WESNER, Defendant No. Oq- 3? 77 01-y-11 71- Ym NOTICE OF FILING JUDGMENT Pa.R.C.P. 236 (x) Notice is given that a judgment in the above-captioned matter has been entered against you in the amount of $275,000.00, plus costs of suit and interest as allowed by law, on June 2009. (x) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Curt Long Prothonotary of Cumberland County By: Deputy If you have any questions regarding this Notice, please contact the filing party: Paul W. Minnich, Esq. Barley Snyder LLC 100 East Market Street P. O. Box 15012 York, PA 17405-7012 (717) 846-8888 (This Notice is given in accordance with Pa. R.C.P. 236.) Notice sent to: Gary C. Wesner 3820 Ridgewood Road York, PA 17406 Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant r,cE r'"` S,,MFF Edward L Schorpp Solicitor -? Tf`? J1 L 13 Al"! 1,n: ?J tJ r Keystone Custom Homes, Inc. vs. Gary Wesner SHERIFF'S RETURN OF SERVICE Case Number 2009-3977 06/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Gary C. Wesner, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Notice under rule 2958.1 of judgement and execution thereon according to law. 06/24/2009 York County Return: And now June 24, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice under Rule 2958.1 of judgment and execution thereon, upon the within named defendant, to wit: Gary Wesner by making known unto himself personally, defendant at 3820 Ridgewood Road York, PA 17406 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO July 09, 2009 ?,-R TPOMAS KLINE, SHERIFF YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net vlo? COUNTY OF YORK OFFICE OF THE SHERIFF S7R)17 1901 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE I"TRMTHONS PROCESS RECEIPT and AFFIDAVIT OF RETURN RJUSE TYM OWY LMT 1 T ILI 12 DO MY DETACH ANY COPES 1 PLAINTIFF/S/ 2 COURT NUMBER 2009-3977 Keystone Custom Homes, Inc. 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANTISlGazY C. W ner NOTICE UNDER 2958.1 OF JUDC34ENT & SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD 3820 Ridgewood Road 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP . STATE AND ZIP CODE) AT York, PA 17406 7 INDICATE SERVICE: O PERSONAL U PERSON IN CHARGE XI DEPUTIZE J CERT MAIL U 1ST CLASS MAIL U POSTED J OTHER NOW June 18 _ 2009 I, SHERI OUNTY d ereby deputize the sheriff of YORK COUNTY to execute thi th ording to law. This deputization being made at the request and risk of the plaintiff., ;,_ SHERIFF -mAhow 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT HALL ASSIST IN EXPEDITING SERVICE. OUT OF CO CUMBERLAND 3 AnV T.'w- RAID RV A= NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, alter notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loess, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY i ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED PAUL W. MINNICH BARLEY SNYDER, LLC 717-846-8888 - v-n_ AnX 15012 vnRx, pA 17405 6 19-09 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND COUN'T'Y SHERIFFS OFFICE CUMBERLAND CO SHERIFF 1 COURTHOUSE SQUARE, ROOM 303 CARLISLE, PA 17013 SPAN BELOW FOR USE OF THE SHMT - DO NOT WRITE SELOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as "tdi ated above. MJ MCGILL YCSO 16-19-09 7-19-09 16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby cer* and return a T FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. TI F I 1 UAL SERVED{-LIST ApDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dal of S rvice 120 Time of Service ?? 4 Cv.`0 V'P 21. ATTEMPTS Time Miles n . Date Time Miles Int Dale Time Miles Int Date Tine Miles Int. [Date Time Miles Inf. Dale Time Mils Int. ?? ?o a 22. REMARKS: 23. Advance Costs 24 Service Costs 25. N/F $100 oo 26. Mil 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. `' 32. Tot. Costs 33 Costs Due or efund Check No. . vQ moo 41 34. Foreign County Cosfs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. MAeage/Postage/Not Found 39 . rota Costs 40 Costs Due or Refund 41. AFFIRMED and subscribed to befo r t SO ANSWERS 42 day JULY 20 O9 43 44. Signature of Sheriff Dep IQ-t( 7 45 q t?NVIi?AL i H . E /V DTAR 46 Si n t f k Noaad ?I . g ure o or a County Sheriff 47 ATE Kristel Stambaugh, Notary Public Cit Of Y rk Y RICHARD P. J HERIFF 7-2-09 y o , ork County My Commission Ex ires Ma 15 201 48 Signature of Foreign 49 DATE p y , 1 County Sheriff 50 tA O1fM61YRH[YilFdi666WEL1GTiurE rieou01 r_u er??oc .- ...?_......_ ...__