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Home My WebLink About06-0564 . .. JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2006- Kf..'{ CIVIL ACTION-LAW CIVIL TERM STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, P A 17055 CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant and confess judgment in favor of the plaintiff and against defendants as follows: Principal $380,637,00 Interest to January 4,2006 (per diem $94,52) $ 11.909.52 TOTAL: $392,546,52 Respectfully submitted, David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/litigation/keener/confessionj udgment.pld " ... VERIFICATION The statements in the foregoing Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The language of::he statements i not my own. I have read the statements; and to the extent that they a1:<O based upo, information which I have given t<;\ my eO\lnsel, they are tnle and correct to the best of my l;now!edge, information and belief, I understand that false statements herein are made subject to the pen. ties of 18 Pa.C.S, S 4904 relating to unsworn falsifications to authorities, DATE: J ~()f) b I ., ' CERTIFICATE OF SERVICE I hereby certify that on January li, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Confession Of Judgment, 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 John E. Keener 105 Texaco Road Mechanicsburg, Pennsylvania 17055 ~/~I! David A. Baric, Esquire o ~~; -DC. C\-> ~.~ ' _c -:::-:\ .J c;~ :~~-< /~ ;~~I -t. r-' j-:'::~ c:> c;l" <- !':': ...:- rv -' ~-:. ~"'" o -n :::::l .J-:-'n n"p;,~ ::~\=~) '('d~+~\ ;.-'-):y ,.,.) <,~)r'c" '.::.:---\ '";;.::>" '<'~1 ~ 9 r- ""- ---------- . JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2006- ~&'y CIVIL ACTION-LAW CIVIL TERM STEVEN E, WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 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 attomey 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 COWlty Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 . JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, P A 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2006- SI..L( CIVIL ACTION-LAW CIVIL TERM STEVEN E, WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 COMPLAINT IN CONFESSION OF JUDGMENT NOW, comes Plaintiff, John E. Keener, Bank, by and through his attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1, Plaintiff, John E. Keener, is an adult individual with a mailing address of 105 Texaco Road, Mechanicsburg, Cwnberland County, Pennsylvania 17055. 2, Defendant, Steven E. Westhafer, is an adult individual with a mailing address of 71 Silver Crown Drive, Mechanicsburg, Cwnberland County, Pennsylvania 17055, 3, On or about August 17,2001, Steven E. Westhafer, executed a Note payable to John E, Keener secured by a mortgage dated the same date. A true and correct copy of the Note is attached as Exhibit "A" and is incorporated by reference, 4, Judgment is not being entered by confession against natural persons in connection with a conswner transaction. 5. Demand has been made upon the Defendant to pay the amount due and owing under the Note and he has, without justification, failed and refused to pay, 6, Judgment has not been entered on the Note in any other jurisdiction, 7. The amount due and owing is calculated as follows: Principal $380,637,00 Interest to January 4, 2006 (per diem $94.52) $ 11.909.52 TOTAL: $392,546,52 8, The Note as appended, provides for the recovery of costs, including reasonable attorney fees, incurred by John E. Keener to collect the debt due and owing, WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of $392,546,52 plus costs, expenses and interest accruing to the date of payment. Respectfully submitted, David A, Baric, Esquire LD, 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for John E. Keener dab,dirlIitigation/keener/confessioncomplaint. pld VERIFICA nON The statements in the foregoing Complaint In Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The btIlguage of the statements is not my own. I have r<:ad the statements; and to the extent that they are based upc } infonn.ation which I have given to my counsel, they are true and correct 10 the best of my knowledge, infonnation and belief, I understand that false statements herein are made subject 0 the penalties of 18 PaC.S, ~ 4904 relating to unsWlltn falsifications to authorities. DATE: } ~J,6-o;:; ~ John E, Keener ~f;1h'~:') ~..~~;......: ,.:.~~.:..:::~:-:.~~ ~~~-": "-;'.~I'"...-. ~.""~~.~'!'~'P~~.'~""'~-~~ _~~~.. ~ ,~''-.::,~~ ,i~\':~\r~~'~'~fI" t~<:~~ ~f ~t~'~;-".:::tf,~~ '~~~"f"~~;~~;;1?;5.:<~r.~~,&~~':')'~:*f;}.,:i-'''''''~~::'' . .". . ~:tc.' . -. '~:,.o. "'-" .. . r - I ~t '~~ -." .;;<......""" ... -...i'f!. v".' ,., ....~"".. V.!~'::-.Q; .; ;....r',. :.;;~.., ~,*"":-,~;r!,/!;;;J' -"Il'fj"-~' , ,'. '.\ t~,.m,.+~n '_ ~-. ". "'-", :~.;'] ... ..,,~.~.t.~"it~ ~;;l'\.". ~ . . "~'i.'~~'~~'f,~.."'~"Y- -.. ,,..%\.'" .~... ,.......... n. )....:"":.:..i.r.-:1.....:- - .... "',..; .-" ....~~;~::;-..lt.1~(~- . "~ -~1:.~\~.. ," r~"k~:~; :'~~': :.,,'~:i::~~\'~~~V~~' ~'... . ...,.,.,.-.-;'0. '",. -... "t..}:::.,. .,.IlIA"':;''''-. ..:.' -'I.2~~-r...; ~,..-~"*. . -' . ~-.~:-;~ ~~.' -' '.~~::.:/:.~>: ,~-}:',,':s'~~~:: :: ,-",:~ .. ~ ~~~::;~f:~":~:,. -:~'.~~~.1;:,.. 1:-'''~'';'5-.':;~':;':~' 1;~~J-:~~n". ' ~y, .;' ~:~-~)..~:~. \\. ,< , " " BOND KNOW ALL MEN BY THESE PRESENTS: Tl-L'-\ 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 Obligee, 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 11 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 Y2 %) 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 fL day of September and on the like day of each succeeding 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 - 1 - EXHIBIT "A" .. ". , for me and iri an appropriate ii6tionto coDfess judgriient for the ainount due waiving stay of execution with release of errors. Signed, sealed and delivered in the presence of: WITNESS: OBLIGOR: i1^~. ...... !- , i: >, ~ , , -2- (") r-.> c;-.) 0 C' I:'::~, -fA.. ,~ ., <..... ...., 10 P --... ;;- ~rr: ....() :t:' ''',- ~ 1- ", ~j~ ~ -.J , ' :t;". )~~:; ':J: --- \) J:(. C) ~,:~~:l~ - \) -U ~:~1 :;;--1 ~ .<' .r- ::ij ~ -, ~ .-<; F . ..c:: --. -....... ---0 ~ t~ '- --... JOHN E, KEENER 105 TEXACO ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NO, 2006- ~ '-/ , CIVIL TERM STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 CIVIL ACTION-LAW NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, Pennsylvania 17055 A judgment in the amount of$392,546,52 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you, The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you, You may have legal rights to defeat the judgment or to prevent your money or property from being taken, YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS, 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 ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 David A. Baric, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 o c; r-::> ~~ d' <- :J?'" :.e: rV -" "".. !,= .~ ~::; ~( yo ::r.: o -11 ..... ::to -n (1"1--- .,.,5 "<j\...,-' 0,(-,) ~-1: :~~ ',':)c-:::s. /:1\1 ':2, ).?: :~ 9 .,.- {..n JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, P A 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2006- S(,lf , CIVIL TERM STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, P A 17055 CIVIL ACTION-LAW AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF ADDRESS COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF CUMBERLAND David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is counsel to the Plaintiff herein, and as such states the following: 1, The Defendant, Steven E, Westhafer, is not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2, The Defendant, Steven W, Westhafer is more than 21 years of age and has a current address of 71 Silver Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3, The address of John E, Keener is 105 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. He has ascertained the above infonnatij Affidavit with due authority, // David A. Baric, Esquire Sworn to and subsc 'bed before me this "(J#Idayof , 2006. C' Now",."', ,i \ Jennifer S. \jn'~~,. " ;\;'1[,,;\/ i~-)ublic Carlisle Bora, C,:,,;:;,ul'd',cl Cuunty_ My ComlT'isS;(Yl [-,~;ir,c's Nrw ~~30U~. 1"--~-~-:-~Z-;a'io'l 0: f~d3(2S Me'Tt-i'-',. PiA'in,i',',"Jd-!:8 ,- ,,,, ,,' .<' . - dab.dir/litigation/keener/nonmilitary.aff -{j ,~:. l~~; (, o c:; ~ ~ <- ~ -~ - 1'-) -' -:"",. c;;: ~) . 0:\ '~.\ :L q, p ....;:.. :::?4} rfl?> ..qtD, ()i~\ 'c,.?(?, :"')" ';:;:..1. ?o '.:z - c;.? J::' c..:"\ JOHN E, KEENER 105 TEXACO ROAD MECHANICSBURG, P A 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- ~ (, tf I CIVIL TERM STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 CIVIL ACTION-LAW AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for John E, Keener, the Plaintiff herein, and hereby certify that judgment is not being entered against natural persons in a consumer transaction. David A. Baric, Esquire dab.dir/litigation/keener/commercialtransaction.aff () f?_ --.);,:/: l~!f; "'-, ti; --' ,;~'- "", ,....' C'~ c.;.-:-J. C" <.-- ~ - ~ 3~~;:, .L. o -,"\ .-1 :r:,-,-, rl1f"':: ~'d ,r!"~ :r~.'Ci~ \::::'1 {"'~) '~;"~'~i~ .:~~rn -::::\ -, <-:Q :.-:; ':>' :;s; q ;;;- s:- JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, P A 17055 v. STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 5(, Y CIVIL TERM CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 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: ......J:u..> :2? ;)0(>(., { /s/ I I ~A'l-7!/?Jk _ ~ Prothonotary . U ~ \ JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, P A 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 0564 CIVIL TERM STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, P A 17055 CIVIL ACTION-LA W PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned matter on January 27,2006 as satisfied. David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab\Litigation \Keener\satisfy. pra .\ JOHN E. KEENER 105 TEXACO ROAD MECHANICSBURG, P A 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 0564 STEVEN E. WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG, P A 17055 CIVIL ACTION-LA W CERTIFICATE OF SERVICE CIVIL TERM 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- ~ ((~ t:.::~r-\ (-:J -l'7 ::-I ::r:_" r-'1 ;::::.'-! I "'rJI~ ....-./..'::1 '::,' 0, r - JOHN KEENER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-00564 v. STEVEN E. WESTHAFER, Defendant REAL DEBT - $392,546.52 ENTERED & FILED JANUARY 27, 2006 RELEASE FROM LIEN OF JUDGMENT KNOW ALL MEN BY THESE PRESENTS, that John Keener, the Plaintiff named in the above entitled judgment, for and in consideration of the sum of THREE HUNDRED SIXTY-SEVEN ONE HUNDRED EIGHTY-NINE DOLLARS and 72 CENTS ($367,189.72), lawful money of the United States, to them paid by Defendant, STEVEN E. WESTHAFER, above named, the receipt whereof is hereby acknowledged, does hereby forever acquit, exonerate, discharge and release from the lien of the above entitled judgment, the following described property, to wit: ALL THOSE CERTAIN lots situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as Lots 1,2,3,4,5,6 and 15 on the Plan of Lots recorded in Plan Book 80 at Page 52, the description thereof is incorporated by reference. And it is further agreed that the Plaintiff above named will not look to the said above mentioned and described premises or any part of the principal and interest of said above entitled judgment, now or hereafter to become due, or in any way disturb, put to charge or damage, the present or any future owner or owners, occupier or occupier of the said above mentioned and described premises, or any part or portion thereof, for or by reason of the said judgment, or any matter, cause or thing thence accruing or to arise: Provided, that nothing herein contained shall affect the said judgment or its legall'alidity, so far as respect all other lands and tenements of Defendant, STEVEN E. WESTHAFER, situate in the County aforesaid, which are not herein expressly exonerated therefrom. , ... IN WITNESS WHEREOF, I have hereunto set my hand and seal this (J, hi day of :T tA Y1..e.... , 2006. ~~L~/7' ER STATE OF PENNSYLVANIA COUNTYOF ('~~ ) :SS ) On this, the ~ f'cJ.-- day of ~ , 2006, before me, a Notary Public, the undersigned officer, personally appeared JOHN KEENER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. My Commission Expires IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. ~~k~~ Notary Public G COMMO,..I\"i:....I.TIol.OF PENNJY "~,,,..... /.VANIA !.OTARIAL SEAL OF ~\H 1(, LOY, NOTARY PUBLIC SILVEf: .rlG row MY (',... MISS NSHIp, CUMBERLAND COUNTY . . ,. " ION EXPIRES OCTOBER 11. 2008 "~; c c-:-" ~~r! i:' -- " "'" = c:-::.) 0-, r) -0 ::;j nl~ -ohl , c........ , "- L. ("co: I U) ?::;,~ ~{f~ ~"::\ C2 c.:; f"