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HomeMy WebLinkAbout06-0328 'I JOHN E. KEENER, 105 TEXACO ROAD MECHANICSBURG, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 3;;;>? CIVIL TERM V. MORTGAGE FORECLOSURE STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 Defendant NOTICE TO: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, Pennsylvania 17055 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 Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 II Ii JOHN E. KEENER, 105 TEXACO ROAD MECHANICSBURG, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006- 32f CIVIL TERM V. MORTGAGE FORECLOSURE STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, P A 17055 Defendant COMPLAINT 1. The Plaintiff and Mortgagee is John E. Keener, with a residence address of 105 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Steven E. Westhafer, an adult individual, residing at 71 Silver Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. By Deed acknowledged on August 17,2001, John E. Keener and Patricia Keener, his wife, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Steven E. Westhafer. This Deed was recorded in Cumberland County Deed Book 248, Page 403, et seg. all of which pages are incorporated herein by reference and made a part hereof. 4. On or about, August 17, 2001, Steven E. Westhafer as Mortgagor made, executed and delivered a written Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on that portion ofthe premises described in Exhibits "A" as Lots 1,2,3 and 15. This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on August 24,2001, at Cumberland County Record Book 1731, Page 1886, et. seg., all of which pages are incorporated herein by reference and made a part hereof. 5. A true and correct copy of the aforesaid Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". I 6. Defendant has defaulted under the terms and conditions of the Mortgage and Note by failing to make payment due December 17,2005 and by otherwise paying monthly payments later than the required due date. 7. Defendant is the present record owner of the premises described in Exhibit "A" and the real owner of the premises. 8. Notices under Act 6 and Act 91 are not required in this mater. The original loan amount was in excess of $50,000.00 and the property consists of building lots and is not the residence of the Defendant. 9. Under the terms of the Mortgage and Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Note obligation shall become due and payable immediately at the declaration of Mortgagee. 10. Plaintiff as Mortgagee has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 11. The following amounts are presently due on the said Mortgage and Note calculated to II II I January 4, 2006: Principal $378,751.68 Interest to January 4, 2006 (per diem $94.52) $ 11,909.52 Reasonable attorneys fees fixed by Plaintiff for purposes of this Complaint (5% of principal debt) $19,031.85 TOTAL: $409,693.05 " WHEREFORE, Plaintiff demands Judgment in Mortgage Foreclosure in the sum of $411,578.37 plus interest thereafter, at the contract per diem from January 4,2006, and costs against Defendant, Mortgagor and real owner, and seeks foreclosure and Sheriffs Sale of the mortgaged property in Exhibits "A" hereto. Respectfully submitted, II I' dab\Litigation\Keener\foreclosure2.pld David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, John E. Keener 1_ f I VERIFICATION I, John E. Keener, verify that the statements made in this Complaint are true upon my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsifications to authorities. Dated: 1- ;/rO (P _ t}f. e 7J n./Y~ John E. Keener . Ja...1H006 03:40 From-PREMIER ABSTRACT +W 3330 T-015 POOl F-m d~:d!- Parcel No. 38-08-0567-009 " o <:.: ....... 3::""'~ ::c tD~O c:: rrloVJ C'J ::0 ~,~ ill __... r- I""' ",;.;J ....... > ~- -i MADEthe (lJ)dayof !)....J- ,2001, :: ~~~ ~{ ::3 0""- cof1l BETWEEN JOHN E. KEENER and PATRICIA KEENER, his wife, ofSiW~ ~ ~ Spring Township, Cumberland County, Pennsylvania, GRANTORS w (~~ en .." :<>- ~~ill ~ttb, AND co{ , ~. / ',.. STEVEN E. WESTHAFER, of Silver Spring Township, Cumberland County, Pennsylvania, GRANTEE WITNESSETH, that in consideration of the sum of SEVEN HUNDRED SIXTY THOUSAND (5760,000.00) DOLLARS in hand paid, the receipt wbereofis hereby acknowledged, the said GRANTORS do hereby grant and convey to the said GRANTEE, his heirs and assigns, ~"'" krL-9 .AU.l!~ ~ SM 10tI ALL THOSE CERTAIN lots situate in Silver S . Township wnberland County, Pennsylvania, known and numbered as Lots(!) 3 4,5,6 and 15 the Plan of Lots recorded in Plan Book 80 at Page 52, the description ereofis inCeted by reference. BEING part of the sllllle premises conveyed to John E. Keener by deed from the Executrix of the Last WIll and Testament of Florence M. Rider, deceased, by deed dated May 17,1995, and recorded in Record Book 122 at Plige 46. oC-:':' And the said GRANTORS will SPECIALLY WARRANT the property hereby conveyed. [<jJ' 248 P.\~t 403 - 1 - EXHIBIT "A" Jan710"1006 09:40 From-PREMIER ABSTRACT +143 3390 T-095 P003/011 F-T53 IN WITNESS WHEREOF, said GRANTORS have set their bands and seals the day and year first above written. 91 [ 'I,!,~) J Jf:JKeener , t!:ct~f:n~~J / COMMONWEALTH OF PENNSYLVANIA) : Ss COUNTY OF CUMBERLAND) On this the (7 1'daY of {l.u,. r ,2001, before me the undersigned officer, personally appeared JOHN E. KEE~d PATRICIA KEENER, his wife, known to roe (or satisfactorily proven) to be the persons whose names are subscribed to the within instnnnent, an acknowledged that he executed the same for the purpose there in contained. IN WITNESS WHEREOF, I have hereunto set my hand anq notarial seal. /4 'i:~' Notary Public ~9~iifa~;2g~~~ i\l' .. :il?:,.-, f'_0~'-500e ~ :!J- -;;J:;"'~ :::;E; ~r"I'1 ~ ~ :Z)~ _"'I:), e I I "'" .., "'--~!-'" "'.. ~ 8 ::a!~~ 3:;ge~iS -. -.J:::I!: _ ...., 1I'l'" ~ ~ ~ e~~ "'~ 6 -'"' "-..., - -- ~ ><> "c 1 ~ii!l ~5;;:: $:"" ~ '" ~5 ,., ..., ~ '" ~ct g '" ~. .." L.. ~ .., ":.Il "" ,...", ~ .... .."., '" ~ij;- ..... ~ s..... I;:: '" .. "" .... - - ~ ...-- -2. m !:.,.fJl;.o'oI_ .....~ ~~-.:J ... "'" t::a)~ .&n.gG'" ~. ~ ~e~......._:::g g =: ~ . ~ . . . . . .. .. . .. U1Co~t~ oQot;..f1 ~<::o.c:::> c....1'I U1 ~ <!;lr~.r;.'::IIlQo~Qoe=-~iQI~ 80CK 248 PAGe 404 , Janel 0-.2006 09:40 From-PREMIER ABSTRACT +243 3390 T-095 P 004/011 F-753 CERTIFICATE OF RESIDENCE I hereby ce?; ~ea:::d~the grantee herein is as follows: ~~/l , Attorney COMMONWEALTII OF PENNSYLVANIA) : SS COUNTY OF CUMBERLAND ) RECORDED in the Recorder's Office in Deed Book No. . Volume Page 1 Certify this to be recorded In Cumberland County P A . Recorder of Deeds - 3 - BOOK 248 r~.ct 405 ==-0' _~ -"-.",--~, ~ BOND KNOW ALL MEN BY THESE PRESENTS: HLt\ T I, STEVEN E. WESTHAFER, Obligor, am held and firmly bound unto JOHN E. KEENER Obligee, in the sum of Four Hundred Sixty Thousand ($460,000.00) Dollars to be paid to the said Oblige~, his certain attorney, executors, administrators or assigns. To which payment, well and truly to be made, I do bind myself, my executors and administrators, and every of them, firmly by these presents. Sealed with my seal. Dated the 17 fA day of August, 2001. THE CONDITION OF THIS OBLIGATION IS SUCH, that the said Obligor, his heirs, executors or administrators, or any of them, shall pay, or cause to be paid, to the said Obligee, his certain attorney, executors, administrators or assigns, the sum of Four Hundred Sixty Thousand ($460,000.00) Dollars in five years from the date hereof together with interest at the rate of seven and one half (7 y:, 'Yo) percent per annum. Obligor shall pay Four Thousand Two Hundred Sixty Four and 30/100 ($4,264.30) Dollars each month on account of principal and interest, the interest to be paid first and the balance applied to principal. The first payment shall be due on the /7 II. day of September and on the like day of each sllcceeding month during the continuance of the loan. Nothing herein contained shall be construed to alter the maturity date first above written. Also from time to time, and at all times, until payment of the said principal sum be made, as aforesaid, keep all buildings erected upon the land described in the Mortgage accompanying this bond insured for the benefit of the Mortgagees, in some good and reliable Stock Insurance Company or Companies, to the amount of at least $460,000.00 and take out no insurance on said building not marked for the benefit of the Mortgagees, then the above obligation to be void, or else to be and remain in full force and virtue. In the event of default in any payment due hereunder for more than 30 days, then the whole principal unpaid debt shall become due and payable immediately and payment may be recovered at once and I do hereby authorize any attorney to appear - ] - EXHIBIT "B" , for me and in an appropriate action to confess judgment for the amount due waiving stay of execution with release of errors. Signed, sealed and delivered in the presence of: WITNESS: OBLIGOR: ,~(j~. -2- MORTGAGE .;l~~79 , ~ THIS MORTGAGE is made this 11/L day of August, 200 1 between Mortgagor, STEVEN E. WESTHAFER (herein "Borrower"). and the Mortp&ee JOHN E. KEENER (herein "Lender"). -, c -.:." - .;." '" 5 WHRRBA:S, Borrower is indebted Lender in the principal sunl of U.S. -- "-"-"""f4~;mro:oo-;wIiJC~ is evidenced by Borrower's Bond dated August ( 7 , 200 1 and extensions and l'Cl\eM1s thereof (herein "Bond"), providing for monthly installments ofprinclpel. end interest, with the balllltwl ofth, indebtedness, ffnat sooner paid. due and payable on August _!.l_~ 2006. TO SECURE to Lender the repayment ofthc indebtech1ll1ss evidenced by the Bond, with interest thereon; the -payment of all other surns, with the: :in", th~ ad~in accor~ herewith to protect the security of.this M~ - ~~~~~Cleofthe covenants and agreements of Borrower herein cOntiaiD d, . . . . "..' -. .,'. ~ \ ' . . I. ... ,. . - '- .. - Borrower does hereby mongage, grant and convey to Lender the following d~,~ located in the County olCumberland, State ofPe:nnsylvaoia: lIi~ated in the TownShip of Silver Spring, and more particularly dOll(:ribed as foUoWs:being lots 1, 2; 3 and IS in the Plan of'Lots for John E. Keener,recorded in Pl4naOOk 80 at page 52. the description thereofis incorporated herein by referen :e. rOOETHER. with all the improvements now or hereafter ert(lted on the property, and all easements, rights, appurtenances, and rents. all ofwh.\Qh aha1l be decm.edto be and remain a part of the property covered by this Mo:ttgaae; 8Ild all )f the forelOins. together with said property are hereinafter referred tl) as the "Property." _ BORRQWER covenantll that Borrower is lawfully seilled of the estate here "I conveyed andhu the right to mortgage, grant and convey the ProJ:e1'ty and that tI eProperty is unencutnhered.. except for encumbrances of record. Be.rrower covena us that Borrower warrants and will defend generally the title to the Pro:t*tY against ill claims and demands, subject to encumbrances of record. . C) UNIFORM COVENANTS, Borrower and Lender covenant IUld agree as~ . ~ II - :~ 10 ows: : 5 1.;1 .C; . 1 . ,..,u . ~:lt I .. I~, ", ~. f: . ..' ; ,j EXHIBIT "C" i-'. :' .; '::. ...... :.~ r,'", '.:' t~. ~") 1:;.,.. r~' l~ c:: ::~ ',~ ~ : :-..:: :., .~ . t.. ",' : ~. () :~~ r ! ,'"1 . ~. ~ :5l <.; ,. ... .oJ -~ rot 1- -I"'" ,,, ;,.) -: ~ ;..,'; o,J .." >- DEC-20~200~ 04:16 PM p.e3 1. Paymeat of Prlnclpalaad Inte....t. Borrower shall promptly l'l'Y whe I due the principal end interest indebtedness evidenced by the Bond. 2. Hazard Inlunace. Borrower shall keep the improvemeuts now existir g or hereafter erected on the Property insu.red against loss by fire. hazards included witlUn the term "extended Coverage", end such other hazards as Lender may requir : andln sl.\clumo\\1lts end for such periods a Lender may require. .' __..' ,\"._w.~"". r ....._."'.. .....' The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof sbaD be in n form acceptable to Lender and shall include a standard mortgage clause in favor oj and in a fonn acceptable tQ Lender. Lender shall have the right to mid the po1icie . and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower; . If the property is abandoned by Borrower, or if Borrower fails to respond tel Lend.er within 30 days from the date notice is mailed by Lender to ElOlTOWer that t Ie insurance catTier offers to settle a claim for insurance benefits, Lenc.er is autboriu i to collect and apply the insurance proceeds at Lender's option eithe!' to restonrti.on or repair of the Property or to the sums secured by this Mortgage. 3. Proteetloa of Lender's Security. If Borrower fails to J'E,rfonn the covenants and agreements contained in the Mortgage, of if any actioo. or proc:eediI g is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances disburse such sums, including reasonable attorneys' fees, and take such action as i . necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paraSl'81>h ::, with interest thereon, at the Bond rate, shall become additional indebtedness <>fB()ft~~ !ecured by this Mortgage. Unless Borrower ane: Lender agree to other tenns of payment, such amounts shall be payable upon -2- . " . ,," I '. ':.. ... ~:. ....1 / DEC-28~288~ 84:17 PM P.84 notice from Lender to Borrower requesting payment thereot: Nothing contained in this paragraph 3 shan require Lender to incur any expense or take any action hereunder. 4. IDspectlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give, Borrower notl~ prior to anY such inspection specifYing reasonable cause thereft,r related to Lender's interest in the'Property. 5. Condemnation. The proceeds of any award or claim for damages, dire< t or consequential. in connection with any condemnation or other takbg oCthe Property, or part thereof, or for conveyance in lieu' of condemnation, are hereby assigned and shalt be paid to Lender, subject to the tennsof any mortgage, deed 01 trust or other security agreement with a lien which has priority over this Mortgage, 6. Notice. Except for any notice required under epplicnble law to be giVeII in another mann~, { a )any notice to Bonvwer Provided for in thIs Mortgap ahal be given by delivering it or by lllailing such notice addressed to Borrower at 120 V '. Allen Street, Mecbanicsburg, designated by notice to Lender as provided herein, and ( b ) any notice to Lender shall be given by mail to Lender's address 105 Texaco Road, Mechanicsburg, or to such other address as Lender may designate b , notice to Borrower as provided herein. Any notice provided for in 1his MOl'tpie shall be deemed to have been given to Borrower or Lender when glwn in the manner designated herein. 7. Governing Law; Severability. The state and local laws applicable to this Mortgage sball be the laws of the jurisdiction in which the Property is located In the event that any provision or clause of this Mortpge or the Bond contlicts wi h applicable law, such conflict sbalI not affect other provisions of thin Mortgaae or t 1e Bond which can be given effect without the conflicting provision and to this end ~ lC provisions of this Mortgage and the Bond are declared to be severable. As used herein. "costs", "expenses" and "attorneys' fees" include all sums to the CIXtettt no' prohibited by applicable law or limited herein. 8. Acceleration' Remedies, The further condition of the sal.i Obliption s such, that if at any time default shall be made in the payment of princ:lpal or intete It or insurance premium as aforesaid, for tbe space of 30 days after allY payment .3- -": I'". , .. , . .:. '.' : ",,\ n~C-2e-200S 04:17 P" P.0S thereof shall fall due, or if a breach of any other ofthc foregoing conditions be mllcl : by the said Mongagor, his heire, exeoutorI, adminia1ratorB or essigna, then and in such we, the said principal sum shell at the option orthe Jaie! MOI'tp,p\ his executors, adminlstrators or UBigns, become due; and payment of the ilCDe. with interest and costs ofinsunmce due thereon, as aforesaid. together with an attoIDeY" commission offM! (5%) percent, on the said principal sum. besides (',(Ists ofsult, may be ent'on:ed and recovered at once, anything tbere.In contained t(1 tho contrII Y thereof in anywise notWithstanding. 9. a._H. Upon payment ofall swns secured by this Mortgage, Lender ,.lulU discharge this Mortpae without clulrge to Borrower. BOITOwet' shall pay all costs of recordation, if any. IN WITNESS WHEREOF, Borrower has executed this Mortgage. WITNESS: Q1UL BORROWER: ~ I. .."" ( L/J.,,j f/. . Steven E. Westhafer . .. ~f ,'" ',".J Cl "f r:.. Di\ ~ I ~.' , . , "..... , v D~C-28-200~ 04:17 PM P.06 . . COMMONWEALTH OF PBNNSYLV ANIA ) :58. COON'l'Y OF CUMBERLAND) On this the (1 r day of (;?~ . 2001, before me the un6.eraignecl ofllcer personeUy appeared. ~TEVEN E. WESTHAFER, known to me (or satisfactorily proven) to be the person whose name is subscribed. to the within insUument. ancl aeknowlqed that he executed the same for the purposes therein conte1ned. IN WITNESS WHEUOF. I bave hereunto set my hand and notarial seal, I . a~ f(.~y;.~f/'o.- Notary Public .., ..... ..... ,........'. i' ..'.;~ .. '. t '. f I,J'" '''!~1' ,_ /; 1'.... . ...~, .'~;~', '. ~. ,,' ., ,,' ..... :;~i[c:"" . ';'. ; .;,.-;- '.~' f .~.:~.. ",,\~:' .' ';.'. .: '.... .. " ~ . I Certify this to be recorded In Cumberland County PA. . _..A u~ ~"~ , : Recorder of Deeds }-,' " : ." . '. .-.o,j 7 i ,','" 'j 7'J ~ ~ ~ -'" n 'I' ~ c::::>--... Q o (;'. ~ ?--' '"'\' '-f:\ '-:\ <J', () ~ S>- ~ . " () 0> c.- , ' "-"" ~.:< ).~ . SHERIFF'S RETURN - REGULAR CASE NO: 2006-00328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEENER JOHN E VS WESTHAFER STEVEN MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WESTHAFER STEVEN E the DEFENDANT at 1953:00 HOURS, on the 31st day of January 2006 at 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 by handing to STEVEN E WESTHAFER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 17.60 .39 10.00 .00 45.99 r~~ R. Thomas Kline 02/01/2006 OBRIEN BARIC Sworn and Subscribed to before By: _ me this Id 1~ day of A.D. " , JOHN E. KEENER, 105 TEXACO ROAD MECHANICSBURG, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-328 CIVIL TERM v. MORTGAGE FORECLOSURE STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, P A 17055 Defendant PRAECIPE TO ENTER DEF AUL T JUDGMENT PURSUANT TO Pa.R.c.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, John E. Keener and against the Defendant, Steven E. Westhafer, 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$416,397.87 as set forth in the Complaint. Respectfully submitted, "-" /\ O'BRIEN, BARIC & SCHtRER I \ I / ./ j. .\h, ,/ //:")1 ,,-.lv~Hcl ( (. (i U1.~ David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 JOHN E. KEENER, II 105 TEXACO ROAD I: MECHANICSBURG, PA 17055 Ii Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-328 CIVIL TERM II II II STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE I MECHANICS BURG, P A 17055 I Defendant v. MORTGAGE FORECLOSURE TO: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, Pennsylvania 17055 Date of Notice: February 22, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AITORNEY 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU i MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE ,,1,1' 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 il OUT WHERE YOU CAN GET LEGAL HELP. II II ;l , il II II I II I Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 EN'~Aro~;t David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER One piece of ordinary mail addressed to: 6tt\Jt.\i\ 'C. ~Ut;+\o\il\'tL '11 -Sil\l'EK tXO\l.ln O(\~V l'Y1Ul10VliCs.VU3) fl1 \1b55 1 PS Form 3817, January 2001 EXHIBIT "B" / <> g-E;R- c;c:::;) c"" =c.c c.t..T1 N \ " :"l ." n c; :D~ ~ In i!i .-r-.". c~;~V;=:-o z. .-r-oo -4 .(...Hn "'" <>. """' '" ." '" '" '" en - CERTIFICATE OF SERVICE I hereby certify that on March l, 2006, I, David A. Baric, Esquire, of 0' Brien, 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 parties listed below, as follows: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, Pennsylvania 17055 7" ~ / (c)twv/' / / ;' J, David A. Baric, Esquire I I 'I -;....\../ G~ ~~~t,.~ ..' 'r ~~ "'---.. ~ ...J C , ~:= 1, ~i. h ~ v...., ""\ ,.". '" .-A c. '".' l JOHN E. KEENER, 105 TEXACO ROAD MECHANICSBURG, P A 17055 Plaintiff v. STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-328 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 I TO: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, Pennsylvania 17055 Notice is hereby given to you of entry of a judgment against you in the above matter. Date: 3. ~ - / f, /~I . :tl- L (G0,U"j .u Prothonotary / ...1 ~0 ~ ("-' ~'? t~ ~ 0' (\. c-',\ '-^ c::>0 ~_ -) -. .:' ......... E;"" ._ V"J., 'Y r--' "'" cx::;" \ c>. '(')- i '. JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 0328 CIVIL TERM STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 CIVIL ACTION-LAW PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned matter on March 8, 2006 as satisfied. Respectfully submitted, David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab\Litigation\Keener\satisfy.pra o ,; .~Ji; ;\1, \ ,..., "'" C>~? if' c.._. ':2 o ~ :::l~ ~':e, - "'~ ~ " .,- " \ <D """':? -- -' ;~~r;; '~-,:;:'- -:,P' ~ N .' X:.- C~"'l. \ . JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 0328 CIVIL TERM STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that on June 7,2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, Pennsylvania 17055 David A. Baric, Esquire ,....> c:- ;....-, (. ':~'" "h "'~ <- .-1 c:::: ~f:: _..~ r, I I ~~SJ ..0 ., C:' ~: , c . 'J,.'~ N f~5fi''j ~ ~E C', -"