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HomeMy WebLinkAbout10-1179TRUST OF GREGORY IN THE COURT OF COMMON PLEAS OF GEORGE MOLLE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. (7 NO. 2010- 1I'M CIVIL TERM''' a ? JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW Defendant. 7-? 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 qa.?0 PD ATT`/ (;lL (51&D ?1" a3W8 TRUST OF GREGORY IN THE COURT OF COMMON PLEAS OF GEORGE MOLLE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010- 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 Road, 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 January 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: CERTIFICATE OF SERVICE I hereby certify that on February 19, 2010, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Complaint, by U.S. first class mail, postage prepaid, to the party listed below, as follows: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Pennsylvania 17013 David A. Baric, Esquire Nov 09 04 02:23a Rominger Bayley a Whare 11/08/2004 10:33 7172495755 OBS NOTE 7172416878 p.2 PAGE 01 KNOW ALL MEN BY THESE PRESENTS, that Jesse S. McKeehan, IV, Jesse S. McKeehan, 111, and SAKI0*A AcAce'KAW of 530 Bosler 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), IawfUl 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 22N 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 filly 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 arrow at any time without. penalty. AND the further condition of the obligation is that in the event any payment 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 Boster 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" Nov 09 04 02:23a Rominger Bayley & Whare 7172416878 p,3 11/08/2004 10:33 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 attorney'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 prooeedings, 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 ease. Signed, Sealed and Delivered in the Presence of "ww:l?- s. M S. MCKEEHAN, N MAC-11- / SEAL) cl- J ru ?1/11M I N, SaAdra M_ I'KcWe)elian Date: Witness by/s1`--`Ne son, Esquire TRUST OF GREGORY GEORGE MOLLS, Plaintiff V. JESSE S. McKEEHAN, IV, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1179 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as discontinued without prejudice. Respectfully submitted, BARIC SCHERER David A. Baric, Esquire I.D. # 44853 Date: August 26, 2010 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff .F.'.r ctj 7 r ti SJr ,r C ' - O ? '