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Home My WebLink About13-6770 Supreme Co ; ; "'' : ennsylvania Coll `y PComrno' Pleas For Prothonotary Use Only: C ilCbv rS e't S Docket No: (/I v Cu County W A The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by last or rules of court. Commencement of Action: S ❑ Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: Lisa R. Rillo Steven E. Westhafer T I Are money damages requested? D Yes ❑ No Dollar Amount Requested: ❑within arbitration limits (check one) x❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney- Robert C. May ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Lntentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment } ❑ Motor.Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance 2 promissory notes Dept. of Transportation f S ❑ Premises Liability 8 Statutory Appeal: Other ❑ Product Liability (does not include ❑ Employment Dispute: E mass tort) ❑ Slander/Libel/ Defamation Discrimination ❑ C ❑ Other: ❑ Employment Dispute: Other Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑Ejectment ❑Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ® Mandamus ❑ Landlord/Tenant Dispute Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 J E PR, 0 THOMO TA Rj THE LAW FIRM OF MAY & MAY, P.C. P10 V 1 S l 53 Robert C. May, Esq. Attorney I.D. # 65602 4330 CARLISLE PIKE, CAMP HILL, PA 17011 t✓UMB Rl APlp COUNTY (717) 612 -0102 (phone) pEtJNSYLVA�r�A (717) 612 -0103 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA R. RILLO Plaintiff V. :No. STEVEN E. WESTHAFER : CIVIL ACTION - LAW Defendant NOTICE TO DEFEND 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, 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 THE LAW FIRM OF MAY & MAY, P.C. Robert C. May, Esq. Attorney I.D. # 65602 4330 CARLISLE PIKE CAMP HILL, PA 17011 (717) 612 -0102 (phone) (717) 612 -0103 (fax) bob@j-nayandmay.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA R. RILLO Plaintiff V. NO. STEVEN E. WESTHAFER : CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes Plaintiff LISA R. RILLO by and through her attorney, Robert C. May, Esquire, and files this Complaint as follows: I . Plaintiff LISA R. RILLO is an adult. individual with an address of 5455 Westbury Drive, Enola, PA, 17025, Cumberland County. 2. Defendant STEVEN E. WESTHAFER is an adult individual with an address of 71 Silver Crown Drive, Mechanicsburg, PA, 17050, Cumberland County. 3. Defendant entered into two promissory notes, each dated March 18, 2009, namely, a term note for 5 years in the amount of $50,528.52 with 6.5% interest, and a demand note for Page I $76,950.00, with 6.5% interest from the date of demand, each dated March 18, 2009. True and correct copies of such promissory notes are attached hereto in Exhibit "A" hereof and are incorporated by reference. 4. Defendant paid the demand note through November 20, 2012, but his monthly payment due on December 20, 2012, was returned for insufficient funds. 5. Defendant has made no further payments since the November 20, 2012 payment. 6. Plaintiff, through her attorney, notified Defendant's attorney in writing on April 5, 2013, of the failure to make the term note payments and called the demand note due to such continuing failure, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 7. As of the date hereof, Defendant owes $17,057.83 under the term note, plus 6.5% interest per annum from the date hereof. 8. As of the date hereof, Defendant owes $79,978.46 under the demand note, plus 6.5% interest per annum from the date hereof. 9. Each note provides for collection costs of legal action and reasonable attorneys fees for collection. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for her and against Defendant in the amount of $97,036.29, and further award all pre, and post judgment interest at the rate of 6.5% per annum, legal fees as authorized by the written agreement, cost of suit, and all other relief allowed by law. Page 2 i Respectfully Submitted: THE LAW FIRM OF MAY & MAY, P.C. 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 (717) 612 -0102 (phone) (717) 612 -0103 (fax) bobgmayandmay.com (email) Attorney for Plaintiff LISA R. RIL O By Robert C. May, Esquire Identification No.: 65602 DATED: November 12, 2013 i I I I I 1 { I Page 3 j I I I I I I VERIFICATION I, Lisa R. Rillo, verify that the facts contained in the 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 ursworn i falsification to authorities. Lisa R. Mllo DATED: November 12, 2013 I I I i f l. , I I I I THE LAW FIRM OF May & May, P.C. 4330 Carlisle Pike Telephone 717 -612 -0102 Camp Hill, PA 17011 Robert C. May Facsimile 717 - 612 -0103 Karen Brothers May bob @mayandmay.com www mayandmay. com April 5, 2013 Lawrence G. Frank, Esq. Thomas, Long, Niesen & Kennard P.O. Box 9500 Harrisburg, PA 17108 -9500 Re: Your client Steven E. Westhafer; my client Lisa R. Rillo Dear Larry: Enclosed are copies of the promissory notes from your client to my client. By this letter, my client is demanding payment on the second, demand note, so that it becomes due and owing immediately in the amount of $76,950.00, with interest from the date hereof at 6.5% per annum. On the first, term note, the current balance due is $16,411.92, with interest from the date hereof at 6.5% per annum. Please add my client to the creditor matrix. Thank you. Very truly yours, MAY & MAY, P.C. By: a, C Tk Robert C. May Enclosure cc: Lisa R. Rillo EXHIBIT A (page 1 of 3) Promissory Note MECHANICSBURG, PENNSYLVANIA March 18, 2009 $50,528.52 1. Payment Terms. For value received, Steven E. Westhafer, an adult individual of 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, the undersigned maker (the "Maker"), promises to pay to the order of Lisa R. Rillo, an adult individual with an address of 5455 Westbury Drive, Enola, Pennsylvania (the "Payee "), $50,528.52 together with interest at the rate of 6.5% per annum on the unpaid principal balance from February 5, 2009, until paid in full. Maker shall pay this note in 60 payments of $991.10 each payment. The first payment is due on March 20, 2009, and all subsequent payments are due on the same day of each month after that. The final payment will be due on Febraury 20, 2014, and will be for all principal and all accrued interest not yet paid. 2. Collection Costs and Commerce Bank charges. Maker agrees to pay all actual expenditures incurred by Payee in any attempt to collect any amount due under this Note, including all costs of legal action and reasonable attorneys' fees. In addition, Maker agrees to reimburse Payee for any and all charges of Commerce Bank on account of Payee's Promissory Note to Commerce Bank dated January 31, 2009, which charges result out of Maker's default of Maker's obligations hereunder. 3. Waiver of Presentment, Notice of Dishonor, and Protest. The Maker waives demand and presentment for payment, notice of dishonor, notice of protest, and protest of this Note. 4. Modifications. No waiver or modification of the terms of this Note shall be valid unless in writing, signed by Maker and Payee. Any modification shall be valid only to the extent set forth in such writing. 5. Governing Law. This Note shall be construed under the laws of the Commonwealth of Pennsylvania. MAKER: [signature] EXHIBIT A (page 2 of 3) r Promissory Note MECHANICSBURG, PENNSYLVANIA March 18, 2009 $76,950.00 1. Payment Terms. For value received, Steven E. Westhafer, an adult individual of 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, the undersigned maker (the "Maker "), promises to pay to the order of Lisa R Rillo, an adult individual with an address of 5455 Westbury Drive, Enola, Pennsylvania (the "Payee "), $76,950.00 upon demand of Payee. This note shall bear interest from and after default by the Maker at the rate of at the rate of 6.5% per annum on the unpaid principal balance from the date of default until paid in full 2. Collection Costs. Maker agrees to pay all actual expenditures incurred by Payee in any attempt to collect any amount due under this Note, including all costs of legal action and reasonable attorneys' fees. 3. Waiver of Presentment, Notice of Dishonor, and Protest. The Maker waives demand and presentment for payment, notice of dishonor, notice of protest, and protest of this Note. 4. Modifications. No waiver or modification of the terms of this Note shall be valid unless in writing, signed by Maker and Payee. Any modification shall be valid only to the extent set forth in such writing. 5. Governing Law. This Note shall be construed under the laws of the Commonwealth of Pennsylvania. MAKER: [signature] EXHIBIT A (page 3 of 3) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ` d' y et ct t a�arrtrrrr#� E 1 r3 R"D r 0, 14 Ti' ? Jody S Smith Chief Deputy a :, 2013 0`d 25 PH 4- Richard W Stewart Solicitor ,f ., � M ["UMBERLa D C[ UN—i-T PENNSYLVANIA Lisa R Rillo Case Number vs. Steven E.Westhafer 2013-6770 SHERIFF'S RETURN OF SERVICE 1112012013 Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint&Notice by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Steven E. Westhafer at 71 Silver Crown Drive, Silver Spring Township, Mechanicsburg, PA 17055. r JASON I<INSLn, CYLPLITY SHERIFF COST: $39.30 SO ANSWERS, �._ November 21, 2013 RONKSY R ANDERSON, SHERIFF