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HomeMy WebLinkAbout00-08394 .. RITE AID CORPORATION, Plaintiff v. ERICKA 1. MOCK, Defendant ~ < 0 ~ .., _ __. '.,,1 ii:Ji,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8394 CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the above referenced Judgment as satisfied in full. Dated: December 27. 2000 Document #: 193574.1 ,KNAUSS & ERB, P.C. , By E. Ralpli Godfrey, Esquire Attorney J.D. No. 77052 P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff l~j CERTIFICATE OF SERVICE AND NOW, this 27th day of December, 2000, I, E. Ralph Godfrey, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that 1 served a copy of the within Praecipe to Satisfy Judgment this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ericka 1. Mock 3514 Schoolhouse Lane Harrisburg, PA 17109 Document #: 193574.1 be '0 ~'~-~"J;". "Iiil~I~~dt,;Mj~\i:ii~"';""",~'_Ht,,,,g,Wi~tj,'j,~~~:.;wiOO!~~IilH""'""'" - tit [) <=) \: c: c :t: 1::1 ., u GJ I-.j mr...: C) '-n Z::;:: N .i'n '7T- (0)'-:~ CO ~ -:! '::-::J -<.,~.:.. '..::..::It) ...-- .~- ~_"".c ,~, ~"-' -r, -- 875 ~-..c, -,,~ Ze-< >r (,)m Z =-' ~ U1 :\J t'J -< [ ."'-".,.~. "",'" ~, ->~. .."~ ,",I,,-"",-<,~" ." _~ Mt ~ ~ >' l '_'L - ~. --"'ll!IiIIilil;;i,' l '" .. " ... \ RITE AID CORPORATION, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. to - ~3CJt( ~ CIVIL ACTION - LAW ERICKA 1. MOCK, Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney contained in the Promissory Note, a true and correct copy of which is attached as Exhibit "A" to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: 1. The principal amount... $1,339.50 ,; Attorney fees... $401.85 Costs ...$14.50 Total... $1,755.85 2. Interest on the judgment, all attorney fees, and other costs and charges which accrue in connection with the judgment are to be collectible under the judgment. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: 1/)0./0 E. Ralph Godfrey, uire Attorney I.D. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff By 9 Document #: 184204.1 ilij~iilfiIi~illI:~iiillill<W11IiiW1lt\ij~~ffill>iilOli~II.l\il'I..~M1Jg'''-~I~ii'~"'''~-it:~!;~'iliiii>il:''''i<&~~~_IiilI!iiiiI!iIIj~i!lIiliil'Tt.~" oh.,;...~.- .."","" .,.._, ~ ~,.'^ "J~...,.... ~.. ~ ~~ "' , .... """."_,,,,1 ~.... , .:.c n ~"a , ~ 0 ~ 0 0 ._~ r>1 Z-n n rni~ I 1J,~ ~a :;;I. "U ~.~ .jg :lit C,>:n 0 r- ~m ~ .. ~ N N '< . ~J ....,;,,'.,., "'-~J>' , ' ... RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION - LAW ERICKA 1. MOCK, Defendant COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, comes the Plaintiff, Rite Aid Corporation, by and through its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support thereof avers as follows: 1. Plaintiff, Rite Aid Corporation, is a Pennsylvania corporation authorized to conductbusmess in the Commonwealth of Pennsylvania with a principal place of business at 30 Hunter Lane,.C!\Il1P Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Ericka 1. Mock, is an adult individual who resides at 3514 schooihouse Lane, Harrisburg, Pennsylvania, 17109. 3. On or about September 7,1999, Defendant executed a Promissory Note ("Note") in favor of Plaintiff, which Note authorized Plaintiff to confess judgment against Defendant. A true and correct reproduction of the original Note is attached hereto and incorporated herein as Exhibit "A". 4. The Note has not been released, transferred, or assigned. 5. Judgment has not been entered against Defendant in any jurisdiction for any amount under the Note. Document #: /84204.1 il .,' "' " .<-' ',,- ,'""- , ~, "u-",' , 6. The Note authorizes the Plaintiff to confess judgment against the Defendant in the amount of$I,339.50, plus attorney fees and costs upon Defendant's failure to make payments when due under the Note. 7. Judgment may now be entered pursuant to the terms ofthe Note because Defendant has failed to make payments when due as required by the terms and conditions of the Note. 8. An itemization of the amount due, including interest and attorney fees as authorized by the Note, is as follows: (a) Principal amount - $1,339.50 (b) Attorney fees (30%) - $401.85 (c) Costs - $14.50 (d) Total- $1,755.85 9. The transaction pursuant to which Plaintiff is confessing judgment was for a commerciallbusiness purpose and was not a consumer credit transaction. 10. Judgment is demanded as authorized by the warrant of attorney contained in the Note. 11. The warrant appearing in the Note is less than twenty (20) years old. Document #: 184204.1 _l_' ,!.:< "_, 0 "~__ , .' "- ' -, -, ~{ ~, WHEREFORE, Plaintiff demands judgment in the sum of $1 ,339.50, together with an attorney's commission of thirty (30%) percent in the amount of$401.85, and costs in the amount of $14.50, for a total of 1,755.85, plus any other costs and charges collectible under the Note. Respectfully submitted, METZGER SHAM, KNAUSS & ERB, P.C. E. Ralph odfrey, Esquire Attorney LD. No. 77052 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 By ~ Attorneys for Plaintiff Dated: ({ ;i~/vU Document #: J 84204. J . '" - - ~ =_"c~ "~,-i I I I / PROMISSORY NOTE $ (]3~..so Payment Terms 1. For tuition reimbursement received and in accordance with the terms/conditions of Rite Aid's policy, ::=hcK.~ L. rnod:~ . 'Maker", Promises~ay to the order ofR1TEAID CORPORATION, 'Payee', the principal sum of mrthl1ll,t;JI :tiYt.u Iuu~~ 1331.Sl\? - S)6., 2. All indebtedness provided for in this Note shall be forgiven in~, (/..) equal monthly instal1ments, each in the amount of$ ~~'3 . ~S. beginning one (I} month following the date of this Promissory Note written above. Personal checks andlor money orders, made payable to "Rite Aid Corporation' should be sent to the attention of7ra.c-::;; _C:;~J,rO . RfI'E AID CORPORATION, P.O. Box 3165, Harrisburg, PA 17105. 3. All indebtedness provided for in this Note shall become due and payable immediately, without demand or notice, in the event that Maker breaches the agreed-upon payment terms contained herein. 4. 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. 5. The Maker and all sureties, guarantors and endorsers severally waive demand and presentment for payment, notice of dishonor, notice of protest, and protest of this Note. 6. 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 writing. 7. Each party, including the Maker and any endorser, surety, accommodation party, or guarantor, waives all right to trial by jury.in any action or proceeding instituted in respect to this note. 8. This Note shall be construed under the laws of the Commonwealth of Pennsylvania, including the Uniform Commercial Code, as enacted and in force in the Commonwealth of Pennsylvania. 9. The Maker of this Note authorizes any attorney at law to appear before the prothonotary of any court of record of the Commonwealth of Pennsylvania or in any state in the United States at any time after this Note becomes due, whether by acceleration or otherwise, and to waive the issuing and service or process and confess a judgment in favor of the legal holder against any Maker and endorser, for the amount of principal and interest then appearing due on this Note, together with costs of suit, and to release all errors and waive all right of appeal. 10. If any covenant, term or condition of this Note or the application thereof shall to any extent be invalid or unenforceable, the validity of the remainder of this Note .shall not be affected thereby; and each covenant, term or condition of this Note shall be valid and enforceable to the fullest extent permitted by law. WARNING. BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECl' FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR FOR RETURNED GOODS, FAUL'lY GOODS, FAILURE TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. WITNESS MAKER ~, 1I#dJ( ~'B{~ AID CORPORATION [~h.h, f 1',.4 /I =,~ I, , ~ I. '" ,', -~-....; 'L . "Rtt' ... VERIFICATION I, Tracy 1. Schrey, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: /I/;'/!(} I f Document#: 184204.1 ~.., '-<~-'" liiiail~"~llll'liinlliJ~liiil~~""~~l-'t~~~~@!'''ll'~dl''lIi~iilI'MmiM;lIi~_illll1i&:Mlil'itl'~~k',^. ~ I cW~.~' ~ ~ ~' " -L".< ~," '. ~~ ~ ( ~ ~. ~ ~ ~<-v ~ ~ " _ ." ri~'~ " . ~ ,,^, g . .~ ~ ~ ~ ~ ~ ~Si '\ ) '- ~ ~~ ~\,~~ -4 ~. CI 0 CI -ry o .-< ~ iT;,;;;;! I ..giT! "'1::/0 '''.1- . ....}u ::;,l""r'.i' ~ 25 r:- .. ,-,VI" ., 9 '" ::Il .'" ~ " ","J'. '..I-.J' .'-__ '_~, RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. aJ. ~JeJt/ CIVIL ACTION - LAW ERICKA L. MOCK, Defendant NOTICE TO: ErickaL. Mock 3514 Schoolhouse Lane Harrisburg,PA 17109 YOU ARE HEREBY NOTIFIED that on /;J -I, has been entered against you in the above-captioned action: ,2000, the following judgment Judgment in the amount of $1,755.85 I.S/ dd'e~ Prothonotary It/? C- I HEREBY CERTIFY that the name and address of the proper persons to receive this Notice under Pa.RC.P. 236 is: Ericka L. Mock 3514 Schoolhouse Lane Harrisburg,PA 17109 METZGER WICKERSHAM, KNAUSS & ERB, P.C. Ii: /00 Dae E. Ralph Godfrey, LD. No. 77052 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 191560.1