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Home My WebLink About09-4703MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF NELSON L. MINICH, ) Plaintiff ) VS. ) JESSE S. McKEEHAN, III, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 -q'763 CIVIL ACTION - LAW NOTICE l: c u c L?E?. 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 the 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 717 730-7310 NELSON L. MINICH, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2009 ti 76 3 Clc P 1 JESSE S. McKEEHAN, III, ) Defendant ) CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, NELSON L. MINICH, by and through his counsel Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, NELSON L. MINICH, is an adult individual who resides at 370 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013 ("Minich") 2. Defendant, JESSE S. McKEEHAN, III, is an adult individual who resides at 530 Bosler Drive, Carlisle, Cumberland County, Pennsylvania, 17013 ("McKeehan"). 3. On or about July 26, 2006, McKeehan contacted Minich and requested that Minich lend him Twenty-five Thousand ($25,000.00) Dollars so that McKeehan could use the funds for a business enterprise. 4. McKeehan had known Minich for almost ten years and had operated as a financial advisor for Minich and Minich's company, N. L. Minich & Sons, Inc. 5. McKeehan indicated to Minich that he would repay the amount borrowed at the interest rate of eight (8%) percent per annum over a period of twenty-four (24) months. 6. McKeehan indicated to Minich that he believed this was a good investment and that he, Minich, would benefit from this interest rate. 7. McKeehan prepared a Promissory Note which is attached hereto and marked as Exhibit A to memorialize the agreement to repay the $25,000.00 to Minich at the rate of eight (8%) percent over a period of 24 months. 8. Based upon the representations made to Minich by McKeehan, Minich agreed to lend McKeehan the money and both parties signed the Promissory Note. 9. McKeehan made some payments to Minich in accordance with the terms of the Promissory Note. On or about May 8, 2008 he made a payment of $1,500.00 which was to be applied towards the interest. 10. On or about October 15, 2008 he made a $10,000.00 payment which he applied to principal. 11. No further payments were made after October 15, 2008. 12. Despite repeated requests by Minich, McKeehan has failed or refused to make any interest payments or principal payments. 13. As of July 1, 2009, the outstanding balance due and owing to Minich for interest and principal from McKeehan is $16,13300. 14. In addition to the outstanding principal balance due and owing, interest continues to accrue at the rate of $100.00 per month until paid in full. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $16,133.00, plus interest at the rate of $100.00 per month per the Promissory Note, plus attorney's fees, plus costs of suit. Respectfully submitted, MICHAEL L. BA S (I.D. No. 41263) 429 South 18"' Street, Camp Hill, PA 17011 2 VERIFICATION I hereby verify that the statements made in the foregoing Complaint are true and correct. 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. Date: ?1` ``,ION L. MINICH- ` 3 ~ PROMISSORY NOTE Principal Amountezi 0 DO oA y3 r7c'C? Date 7- Z (p ` Q For Value Received from WGISO} } (11i? Ch Jesse S. McKeehan Ill will pay intrest at a rate of 8% for a 24 months starting 30 days from date of note.The principal may be paid sooner then 24 months. Also after 24 months the note may be rewritten if both the maker and the holder of the note ag7ce to new terms. C,)10ly 7 0(rsT- Jesse S. McKeehanlll 3-27-07 Pap left message for Jesse to call him about his interest 3-28-07 Jesse McCkeehan called and said he will get all the interest that is due in April and then he will start to get it every three months ol? 17 TI 7 CUTA -t. s? P,-L AtIY eK? 8784 P4*- 62 0? Sra3Q R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County 0MCE S,"ERIFF 19LEiT-0,F;-tCE _ OF THE I. r" , - !?` IARY 2009 JUL 28 PH 3: 26 L??l' L`• ,tiJ4JlV? { . ?. rvnrnun vs. Jesse S. McKeehan, III 07/24/2009 SHERIFF COST: $33.84 SO ANSWERS, July 27, 2009 Case Number 2009-4703 SHERIFF'S RETURN OF SERVICE 08:35 PM - Mark Conklin, Deputy Sheriff, who bein g duly sworn according to law, states on Jul 24 2009 at 2035 hours, he served a true copy of th that e within Complaint and Notice, upon the within named defendant, to wit: Jesse S. McKeehan III, by making known unto himself personally, defendant at 530 Bosler DriveCarlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. R THOMAS KLINE, SHE IPf FFFF 00 /.00 Deputy eriff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18T" STREET CAMP HILL, PA 17011 (717) 730-7310 NELSON L. MINICH, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2009-4703 CIVIL TERM JESSE S. McKEEHAN, III, ) Defendant ) CIVIL ACTION TO: JESSE S. McKEEHAN, III 530 Bosler Drive Carlisle, PA 17013 DATE OF NOTICE: August 18, 2009 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 (h ?hcjldd ? \". I - MICHAEL L. BANGS Attorney for Plaintiff Fl??D+CE OF THE Pk,.T ONOTARY 2009 AUG 19 Phi 2: 2 4 V11M? j' tJu )IN t 1 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 NELSON L. MINICH, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2009-4703 CIVIL TERM JESSE S. McKEEHAN, III, ) Defendant ) CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendant in the amount 'of $16,133.00 plus interest at the rate of $100.00 per month per a Promissory Note, plus attorney's fees, plus costs of suit. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed by regular mail on or about August 18, 2009, to Defendant at 530 Bosler Drive, Carlisle, Pennsylvania, 17013. Respectfully submitted, MICHAEL L. BANGS `F Attorney for Plaintiff i r Date: 1 r f 1 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 NELSON L. MINICH, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2009-4703 CIVIL TERM JESSE S. McKEEHAN, III, ) Defendant ) CIVIL ACTION TO: JESSE S. McKEEHAN, III 530 Bosler Drive Carlisle, PA 17013 DATE OF NOTICE: August 18, 2009 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS Attorney for Plaintiff 4 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 NELSON L. MINICH, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2009-4703 CIVIL TERM JESSE S. McKEEHAN, III, ) Defendant ) CIVIL ACTION - LAW ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and Defendants are as follows: Plaintiff: Nelson L. Minich 370 South Middlesex Road Camp Hill, PA 17011 Defendant: Jesse S. McKeehan, III 530 Bosler Drive Carlisle, PA 17013 MICHAEL L. BANGS Attorney for Plaintiff FILED-CiTICE OF THE PP7" Y 2609 SEE 16 Ali 9: &+ CU" 414-oo Pa PTTY ex", 8889 e0 301081 R6C& Ia" MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18`h Street Camp Hill, PA 17011 (717) 730-7310 NELSON L. MINICH, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2009-4703 CIVIL TERM JESSE S. McKEEHAN, III, ) Defendant ) CIVIL ACTION - LAW NOTICE PURSUANT TO RULE 236 TO: JESSE S. McKEEHAN, III, Defendant(s) You are hereby notified that on !, : )1' , 2004 , the following Judgment has been entered against you in the abov ace coned case: $16,133.00 plus interest at the rate of $100.00 per month per a Promissory Not plus attorn 's fees, plus costs of suit. DATE: Prothono I hereby certify that the name and address of the proper person(s) to receive this notice is: Jesse S. McKeehan, III 530 Bosler Drive Carlisle, PA 17013 A: JESSE S. McKEEHAN, III, Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20 , al/la siguiente Orden ha sido anotado en contra suya en el caso mencionado en el epigrafe: $16,133.00 plus interest at the rate of $100.00 per month per a Promissory Note, plus attorney's fees, plus costs of suit. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Jesse S. McKeehan, III 530 Bosler Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: PLAW 1t ? Confessed Judgment ? Other ?/ File No. QG ('. z"'163 C? j Uf j -_ Amount Due 133? 00 Interest Atty's Comm ? ?Y_ Costs ?p?"? TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974' as amended. Issue writ of execution in the above matter to the Sheriff of ( ? 03 County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate the Q ' defendant(s) described in the attached exhibit. 1?1 j ^ /All Date Signature: Print Name: ' 1 C tflax C L yU( Address: 429 ?- (Q -f .-T- C: k Lk( LL. I_700 Attorney for: _PL A L y) It ry Telephone: Ll 1-] ? -7 `77 3( Q Supreme Court ID No: (Z ?C J 0 tto1 IN o DO r FILED. iCE OF THIE 2009 SEP 16 Ail 9: 14 -04.00 P? ATN 33.8'f Car !4.00 " a. so N -1150.8q - Pb ATTY ?a.oo DueC'o 50 1. co 8884 e.UC .3 6uwj WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4703 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NELSON MINICH, Plaintiff (s) From JESSE S. McKEEHAN, III, 530 Bosler Drive, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property of the defendant . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,133.00 L.L. $.50 Interest -- $200.00 Atty's Comm % Atty Paid $152.84 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 9/16/09 (Seal) REQUESTING PARTY: Name MICHAEL L. BANGS, ESQUIRE Address: 429 S 18TH STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-730-7310 C . Long, Pro ary By: Deputy Supreme Court ID No. 41263