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Home My WebLink About00-08395 ,'- . 1Ii - -0' ~ ' " ,'-- ,'",~ - . - . RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-8395 CIVIL ACTION - LAW KIMBERLY K. LEHMAN, Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the above referenced Judgment as satisfied in full. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~. E. Ralph Godfrey, E uire Attorney LD. No. 770 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Dated: Attorneys for Plaintiff Document #; 194062.1 ,-'= "'"' , "c'~< '",-,,: ,;" , , CERTIFICATE OF SERVICE AND NOW, this yi" day of January, 2001, I, E. Ralph Godfrey, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I 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: Kimberly K. Lehman 783 Quaker Church Road York Springs, PA 17372 {., Document #: 194062.1 d~~,;'^,~&Abr":""':l'.'rl~"w;"i_:iN~i!J"""Ilii~iiilj;;,.Illl,"~~io::"wtik~~~'HI';'ijW,ut1~';~-JM':,j-1m"i;;!jf~illW:llilim~~" ~ ,l\r!iIi -~~'.' ~..I._"~" ~lu' ~ . "'"~,~'...... 10" 0 0 C '_..J -0":: "j"l , nlt!:.' i;; '_:3 ~~.. "".. t"'~"i h~ '<'- f en <) (j I I-I- e) <"" ~o :p , ~, l"-T, .,1-_>- ~~~ z,-,.i .~ >,"', "Ti ~---o :,:~(-) .Pc: 1'0 C3171 Z .. o;;;f ~ .:::> -< "" :J:J -< -. ~ ~ ~ -"- . -~ ~' , . --,,""'-'-<',. - .- . .- . RITE AID CORPORATION, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ;/600- f13't J NO. CIVIL ACTION - LAW KIMBERLY K. LEHMAN, 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: I. The principal amount... $693.77 .J Attorney fees... $208.13 Costs.. .$14.50 Total... $916.40 2. Interest on the judgment, all attorney fees, 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. I 'z ) By E.FUUph 0 ey,Esqurre Attorney J.D. No. 77052 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 1/!2-0 100 . Document #: /84202.1 j".... _'" 'I " "'- d'~ '~. ,'- , ' ""~'-~ . RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. CIVIL ACTION - LAW KIMBERLY K. LEHMAN, Defendant COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, 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 with a principal place of business at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Kimberly K. Lehman, is an adult individual who resides at 783 Quaker Church Road, York Springs, Pennsylvania, 17372. 3. 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 by reference 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. 6. The Note authorizes confession of judgment by Plaintiff against Defendant in the amount of $693.77, 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 of the Note because Defendant has failed to make payments when due as required under paragraph 2 of the Note. Document H: /84202.I ,-. ., ,- ,.' " , . 8. An itemization ofthe amount due, including interest and attorney fees as authorized by the Note is as follows: (a) Principal amount - $693.77; (b) Attorney fees - $208.13; (c) Costs - $14.50 (d) Total- $916.40 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 attached instrument is less than twenty (20) years old. WHEREFORE, Plaintiff demands judgment in the sum of$693.77, together with an attorney's commission of thirty (30%) percent in the amount of $208. 13, together with costs and charges collectible under the Note. Respectfully submitted, By E. ph G dfrey, Esquire Attorney I.D. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: 1/ /20 lot> / Attorneys for Plaintiff Document #: 184202.1 ,j-". ".'~-, L~ ~ . , .- ,. .I/f,Cf ,Jf&.<.,;J.lj- -(33'Z)/5?:/t- - :305.o'fl ':?ICY)' 21(. & 'I PROMISSORY NOTE $ &;,9.3. 11 Payment Terms L J!pr. t1tition reimbursement rccem,d and in accordance with the tcn'n>J/oonditions of Rite Aid's policy, ~".,l-t:h"",a IV . "Maker", promises to pay to theonlerofRrrBAID CORPORATJOll, "Payee". the principal SUIIl of 1A.3 , 7"7 IS l. 2. All indebtedness provided for in this Note shall be forgiven in ! ~,.. (f a I "'lllal monthly inBb lIm""ts. each in the lIlDount of $ 1)'7. <Ji ;;l . beginning one (l) mo th following the date of this Pmmissoty Note written above. PeISODal checkBJ!!!.d/or money orders, made pa,yable to "Rite Aid Corporation" shou1d be sent to the attention of / m~ r .<:;a.M./ r RITE AlO CORPORATION, P.O. Box 3165. Harrisburg. PA 17105 3. All indebtedness provided for in this Note ahall become due and pa.yable ;mm...!;AteIy, without demand or notice. in the event that Maker breaches the agJ'CCd-upon payment tcn'n>J contained J1erciq. 4. Maker auees to pay all actual expenditures incurred by Payee in lIDY attempt to ooUect any amount due under this Note. including all costa of legal action and reasonable attorncys' fees. 5. The Maker and all sureties. guanmrors and cndo= ~ waive demand and pnoeentmcnt for payment, notice of dishonor. notice of protest, and protest of this Note. 6. No waiver or modification of the terms of this Note shal1 be valid unles8 in writing. ~ by Maker and Payee. Azly modification shall be valid only to the extent set forth in writing. 7. Each parw. including the Maker and any endorser, ~, ac:commNfAf'inn ~, or guaDUltDr, wuives all right to ttial by jury in any action or proceeding instituted in respect to this note. 8. This Note shall be consuued under the laws of the Commonwealth ofPcnnsy1vania. izIcludiDg 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 protbonotaJy of any court of record of the Commonwealth of Pennsylvania or in any state in the United Statca at IlII)' time after this Note be<'<>mPR due, whether by accclcration or otherwise. and to waive the issuing aDAi eeniee or process and confess a judgment in favor of the Iega1 holder agaim;t any Mokc:r and endol'llCZ', foz'the amount of principal and interest then appearing due on this Note. together with C08tII of DUit, aDd to release all cmmI and waive all right of appeal. 10. If lIDY covenant. tenn or condilian of this Note or the application thereof ahall to aq _t be ' invalid or unenforceable, the validity of the remainder of this Note shall not be alrceted thCl;'CiJy;.aDd C8Ch covenant, tenn or condition of this Note 8haI1 be valid and enforccabIe to the fu11eat _t "",lDiI:lr:d 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' JUOO)4ENT MAY BETAKEN AGAINSTYOUwrmOur YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURl' CAN BE USED TO COlLECl' FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAlNST THE CREDrfOR FOR RETURNED ooons. FAUL1Y GOODS. FAILURE TO COMPLY wmI THE AGREEMENT. OR ANY amER CAUSE. . wrt'NESS ~~t:;- t2/ t!U--, ~ AID CORPORA nON , , :U f)(\"" Io<,~. 1(,4.'1 .~,.J- - . ".:~'~~:'..'-'-'''' ,-J . " ; _',L"~ ';' ~,',;~-"' 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 correctto 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 subjectto the penalties of18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: /1 /;7ft;tI , I Document #: J 84202. J ~"'" -" r '"'''~.i!,BillliIl5;;Y~~llj,,~m!~J!IP>''' Ji:~iilWi,SlI!ilim!ilj'j#~~~-'K#'''','''~';;ii')':t.,.,.;ili";;j,~..J;id!,,{;g,i<'~OIli:~~~tl-ll*1rlI:;{r-~"~;mllr""". "~~-""-_1. , ~ , '-~- () ~ ~.., 8 ..~ 7> --. 0 .~. '-- ) R ~ ~ ~ ';0 ~ ,.., 'c~\W 1!- ~ ~. . . tij ;:; 6 I '"f;.f- , (" () '^i ':1'.J-' ~ ~ o.~ 0 9-:> Cl '""U ..,.g ;:: ~ ~ ~ ~ -.", ~~... <x f.3JJ ~ ZO E> t.>J ~ >>; t" art), ,... ~ .. ~ 'W ---C. .Sl... :::t,. N C) '" w --.:.i!' ~ ~ ~ --- ,"^- -" ?,>~, ,~ '^ -~""~~ "J~,_~ -, _ ,"r~,' "," ~ "^ _, . . I .._,,,_,~>.,, ~ _, ~ 1_--- - ~-- ~