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Home My WebLink About09-8550 TRUST OF GREGORY GEORGE MOLLE, : IN THE COURT OF COMMON PLEAS OF c/o 901 Hillside Drive CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, Pennsylvania 17013 V. Plaintiff NO. 2009- ?S?s? ?/ JESSE S. MCKEEHAN, IV, 530 Bosler Drive CIVIL ACTION-LAW Carlisle, Pennsylvania 17013 Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-referenced case on behalf of the Plaintiff, Trust of Gregory George Molle, to the Defendant, Jesse S. McKeehan, IV. O' N, BARI SCHE f Y Date: December 11, 2009 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOUR ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: l/?t/m, Prothonotary RLED-la- E THE ' ,NOTARY 'T PPOT 2009 DEC I I AM 11 s 32 TRUST OF GREGORY IN THE COURT OF COMMON PLEAS OF GEORGE MOLLE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. : NO. 2009-8550 CIVIL TERM JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW c Defendant. i :_n i 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 an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 TRUST OF GREGORY IN THE COURT OF COMMON PLEAS OF GEORGE MOLLE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009-8550 CIVIL TERM JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW Defendant. COMPLAINT NOW, comes Plaintiff, Trust of Gregory George Molle, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Trust of Gregory George Molle ("Trust"), is a. Pennsylvania Trust with its principal place of business located at 901 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Jesse S. McKeehan, IV ("McKeehan") is an adult individual who resides at 530 Bosler Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about November 22, 2004, Trust loaned the sum of $25,000.00 to McKeehan. 4. In connection with that loan, McKeehan executed and delivered over to Trust that same day a Note. A true and correct copy of the Note ("Note") is attached hereto as Exhibit "A" and is incorporated by reference. 5„ The Note required McKeehan to make the following repayments on the amount loaned to him by "Trust in monthly payments of $312.50 commencing on February 1. 2005 with full payment due on or before February 1, 2015. 6. As of the date of filing of this Complaint, McKeehan has failed to make the payments due for November, 2005 and every month thereafter. 7. Demand has been made upon McKeehan to pay the amount due and owing. 8. The Note provides that in the event of default in payment, Trust may declare the entire unpaid balance and all accrued unpaid interest immediately due. 9. The Note provides for the recovery of attorney fees and costs paid by Trust in connection with the collection of the amount due and owing. COUNT I- BREACH OF CONTRACT TRUST OF GREGORY GEORGE MOLLE v. JESSE S. MCKEEHAN, IV 10. Plaintiff incorporates by reference paragraphs one through nine as though set forth at length. 11. McKeehan has breached the terms of the Note by failing and refusing to make payment due in accordance with the Note. 12. All conditions precedent to recovery have been fulfilled. 13. Interest on the amount due continues to accrue at the per diem rate of $3.22. Accrued interest to December 31, 2009 of $4,901.00. The principal balance remaining due on the Note is $23,526.64. 14. The Note provides for the recovery of attorney fees incurred by Plaintiff to collect amounts due and owing thereunder. WHEREFORE, Trust of Gregory George Molle requests that judgment be entered in its favor and against Jesse S. McKeehan, IV in the amount of $28,427.65 plus additional interest accruing to the date of award, plus costs and expenses and attorney fees. Respectfully submitted, BARIC SCHERER David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. § 4904 relating to unsworn falsifications to authorities. Date: -T Mary A a s, Trustee Trust of Gre o George Molle 09 04 02:23a Rominger Bayley & Whare 7172416878 11/08/2004 10:33 7172495755 OBS NOTE p.2 GAGE 01 KNOW ALL MEN BY THESE PRESENTS, that Jesse S. McKeehan, IV, Jesse S. McKeehan, ill, and 19AW BRA Nk.%c&0,4AlQ of 530 Basler Drive, Carlisle, Cumberland County, Pennsylvania, ("Obligors") held and firmly bound unto Trust of Gregory George Molle, the Trustee of which is Mary Adams, of 901 Hillside Drive, Carlisle, Cumberland County, Pennsylvania ("Obligees") in the sum of twenty-five thousand dollars ($25,000.00), lawful money of the United States of America, to be paid to the said Obligees, their executors, administrators, heirs or assigns to which payment well and truly to be made, Obligors do bind themselves, their heirs, executors, administrators, or assigns, and any of them, firmly by these presents. Sealed with their seals. Dated this 22" day of November, 2004. THE CONDITION OF THIS OBLIGATION IS SUCH, that the Obligors, their heirs, executors, administrators or assigns, or any of them, shall pay, or cause to be paid unto the said Obligees, their heirs, executors, administrators or assigns, the sum of twenty-five thousand dollars ($25,000.00), lawful money of the United States no later than ten years, together with interest on the unpaid balance from the date hereof at the rate of five percent per annum, payable in monthly installments in the amount of three hundred twelve dollars and fifty cents ($312.50) which said monthly installments shall first be applied on account of interest on the unpaid balance and the remainder of said payment shall be applied to principal; payment in said monthly amounts as set forth shall be made commencing February 1, 2005, and shall be made until the principal sum with interest aforesaid has been paid in full, but no later than February 1, 2015, without any fraud or further delay. AND Obligors may prepay said ammurit at any time without penalty AND the further condition of the obligation is that in the er ent a.^.d pay--ent is received by the Obligee more than ten (10) days after the due date then a late payment charge of ten dollars ($10.00) per day shall be added until paid by Obligors to Obligees. AND the further condition of this objection is such, that if at any time default shall be made in the payment of the principal debt or any installment thereof or interest, or additions thereto as aforesaid, for the space of fifteen (15) days after any payment thereof shall fall due, or if a breach of any other of the foregoing conditions be made by the said Obligors, their heirs, executors, administrators or assigns, and provided a written notice of default is provided to Obligors at 530 Basler Drive, Carlisle, Pennsylvania and said default is not cured within fifteen (15) days from the date of the notice of default, then and in such case the said principal sum shall, at the option of the said Obligees, their heirs, executors, administrators or assigns, become immediately due and the payment of the same, with interest and costs of insurance due thereon, and additions as aforesaid, together with attorney's fees and costs of suit, may be enforced and recovered at once, anything herein contained to the contrary thereof in anywise notwithstanding. And further, the Obligors do hereby empower any attorney of any Exhibit "A" No,,, -09 04 02:23a 11/08/2004 I0:33 Rominger Hayle!d & Whare 717241G878 P.3 7172495755 OBS PAGE 02 court of record of the Commonwealth of Pennsylvania to appear for them and with or without a declaration filed in their names, to confess a judgment or judgments in favor of the above- mentioned Obligees, their heirs, executors, administrators, or assigns, and against them for the penal sum of twenty-five thousand dollars and zero cents ($25,000.00) with costs of suit, charges and attomey's fees as aforesaid; on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this bond or said mortgage. The undersigned hereby forever waives and releases all errors in said proceedings: waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that is or hereafter may be exempted by law. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE OBLIGEE HEREOF SHALL ELECT, UNTIL SUCH TIME AS THE OBLIGEE HEREOF SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS. WAIVER IN EXECUTING THIS NOTE, WE UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE OUR RIGHT TO CONTEST THE ENTRY OF THIS JUDGMENT AGAINST US IN COURT AND DO HEREBY CONSENT TO THE ENTRY OF THE JUDGMENT BY CONFESSION. WE, HEREBY CERTIFY THAT WE HAVE EARNINGS OF $10,000.00 OR MORE PER YEAR. Each Obligor is fully and personally obligated to pay the full amount owned and to keep all of the promises made in the Bond. The Obligee may enforce its rights under this Bond against each Obligor or against all Obligors. Each Obligor may be required to pay all of the amounts due under this Bond. Upon receipt of payment in full by Obligors as above described, the obligations created herein will case. Signed, Sealed and Delivered in the Presence of lyGSS e_ S. I?L ?pr lno? . 1 T J J S. McKEEHAN, IV 04 A L li / Sandra an (SEAL) SEAL) (SEAL) Date: `I'1?21zvon Witness b?s e son, Esquire CERTIFICATE OF SERVICE I hereby certify that on September 3, 2010, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Pennsylvania 17013 David A. Banc, Esquire I I ti TRUST OF GREGORY IN THE COURT OF COMMON PLEAS OF GEORGE MOLLE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009-8550 CIVIL TERM CIVIL ACTION-LAW ~ IV McKEEHAN JESSE S ca , , . Defendant. ~: ~ --- --~ ~+~ PRAECIPE TO ENTER DEFAULT NDGMENT':~ ~ ; to PURSUANT TO Pa.R.C.P. 1037 "-'•~ ~ .~- cAa -'. '" `~' ''7 =~` ~~ -;7 ~~.-] ^vq TO THE PROTHONOTARY: ,~ -~ -' ~~ Please enter judgment in favor of the Plaintiff, Trust Of Gregory George Molle ~agid `~:' .~~ against the Defendant, Jesse S. McKeehan, IV, for failure to file an answer to the Complaint of Plaintiff. A true and correct copy of the Notice of Default is appended hereto as Exhibit "A." A true and correct copy of the Certificate of Mailing for the Notice of Default is appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $28,427.65 as set forth in the Complaint together interest of $895.16 to October 5, 2010 with a per diem of $3.22 for a total of $29,322.81. Respectfully submitted, ARIC SC ERER Y David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 l~L~ (?!/ J~lv~~~ ,,,,.~;lCGt 1• TRUST OF GREGORY GEORGE MOLLE, Plaintiff V. JESSE S. McKEEHAN, IV, Defendant. TO: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Pennsylvania 17013 Date of Notice: September 23, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8550 CIVIL TERM CIVIL ACTION-LAW IMPORTANT NOTICE 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 LO5E 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 (717) 249-3166 BARIC HERE David A. Baric, Esquire 19 West South Street Cazlisle, PA 17013 (717) 249-6873 EXHIBIT "A" 1 uN~osrerEs • Certificate Of Maili This Certificate of Marling provides evidence diet mail hes been presented to USPS® tdr ma Thrs to - ay be Used for omesbc and intem~ionalrneB. From: Yt f~ , ~~~ 1 ~V -~ vC pt1~1 S~Yft~ ~.`~~ w Carlisl~,- i°~1 I"1DI3 ~ To: ~ss~ S , nnG Khan ~h3D gosl~r riu~ Cairlisl~, ~A 11D1~ PS Form-3817, April 2007 PSN 7530-62-0049065 M ;H EXHIBIT "B" _ ~~ Y o MO o '~ o ~* qqq N _,+~ :` ,~_~ ~ o ' in n c 0 o ~~mvv~= in ~+~ ?' ,Wm~f~ ,~ ~~~ w ~ m CERTIFICATE OF SERVICE I hereby certify that on October ~ , 2010, I, David A. Baric, Esquire, of Baric Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parry listed below, as follows: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Pennsylvania 17013 ~C~ David A. Baric, Esquire TRUST OF GREGORY IN THE COURT OF COMMON PLEAS OF GEORGE MOLLE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009-8550 CIVIL TERM JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW Defendant. NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. '' ~ -~ Prothonot Date: `.' ,~~~~j{.~ LJ , o~ ~ U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Trust of Gregory George Molle Plaintiff vs. Jesse S. McKeehan, IV Defendant Address: 530 Bosler Drive Carlisle, PA 17013 TO THE PROTHONOTARY OF THE SAID COURT: Confessed Judgment ^ , r ? Other -may s C=3 ? -; . `s p File No. 2009-8550 rn = rn M `n Amount Due $29,322.81 cnr` rn Interest $202.86 Atty's Comm , 3C _n Costs ?':c: •• t Pmt co ;«Z' 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) please perform a levy on any and all personalty located at 530 Bosler Drive, Carlisle, Cumberland County, Pennsylvania PRAECIPE FOR ATTACHMENT EXECUTION ? 9d- au 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 pe kagains re t he t?,s) described in the attached exhibit. Date [l Signature: / A?ie' n 0 *sy Print Name: David A. Baric, Esquire Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No: 44853 /IIGCL?j(. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8550 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRUST OF GREGORY GEORGE MOLLE Plaintiff (s) From JESSE S MCKEEHAN, IV AT 530 BOSLER DRIVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE PERFORM A LEVY ON ANY AND ALL PERSONALTY LOCATED AT 530 BOSLER DRIVE, CARLISLE, PA 17013. (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 $29,322.81 L.L. $.50 Interest $202.86 Atty's Comm % Atty Paid $171.74 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 12/9/10 (Seal) REQUESTING PARTY: Name DAVID A BARIC, ESQUIRE Address: 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLANTIFF Telephone: 717-249-6873 LAMx-Z't.-Ku L L David . Bue2Prothonotarv By: rl Q01 Deputy Supreme Court ID No. 44853 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 3= ELB-Br i IC:= Ronny R Anderson y ?GP C fl"ti(`sf Rhoriff + Jody S Smith Chief Deputy Richard W Stewart Solicitor Lolk't;, qi ?iu!ai?rr? rD '11 'H I I FEB 15 PM 2: r- 3 t'u Oil t P E- 1',f ` 'iP 11,111, Trust of Gregory George Molle Case Number vs. Jesse S. McKeehan, IV 2009-8550 SHERIFF'S RETURN OF SERVICE 01/11/2011 02:35 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2011 at 1435 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Jesse S. McKeehan, IV, by making known unto Sandra McKeehan, Mother of defendant and Adult in Charge, at 530 Bosler Drive, Carlisle, Cumberland County, Pennsylvania 17013, its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, defendant paid $ 30,311.53 to Deputy Bender. 02/15/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: ?, 61 4. 1 2 February 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF I "V '?? ? B haron R. Lantz ;Z .2-? c DISTRIBUTION PLAINTIFF Trust of Gregory George Molle WRIT NO. 2009-8550 Trust of Gregory George Molle -vs- Jesse S. McKeehan, IV Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 29,322.81 202.86 171.74 $ 29,697.41 Sheriff's Costs: Docketing $ 18.00 Poundage 567.34 Law Library .50 Prothonotary 2.00 Service Mileage 5.40 Postage .88 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy TOTAL $ 614.12 Defendant Paid to Sheriff $ 30,311.53 Advance Costs 200.00 Total Collected $ 30,511.53 DISTRIBUTION Pd. To Pltf£ $ 29,697.41 Refund of Adv. Costs 200.00 Sheriff's Costs 614.12 So Ans rs: R. Anderson riff y TRUST OF GREGORY IN THE COURT OF COMMON PLEAS OF GEORGE MOLLE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ? V. N0.2009-8550 CIVIL TERM 'Fri JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW `yJC 1 Defendant. PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the judgment entered in the above matter on October 6, 2010 as satisfied. Respectfully submitted, B CHE Date: March 16, 2011 David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 4g.oo PQ Am C# 17(vi3 ?? o25la71o5 CERTIFICATE OF SERVICE I hereby certify that on March 16, 2011, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the parry listed below, as follows: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Penns Ivania 17013 WC David A. Baric, Esquire