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HomeMy WebLinkAbout00-08396 "~~= ~"'-"-~~" ,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confession of Judgment RULE TO SHOW CAUSE AND NOW, this the day of December, 2000, upon motion of Kurt A. Blake, Esquire, Attorney for RESHAM N. MAHEDO., Defendant herein, a Rule is hereby issued to the Plaintiff to show cause why the Judgment should not be opened and the Defendant let into a defense and further why the merits of the Petition should not be stayed. Rule returnable ; proceedings to stay until determination of the Rule and depositions to be taken on behalf of Defendant before any court reporter on 24 hours notice to Plaintiff or its attorney. BY THE COURT, Judge Page 1 of 3 CO~~( , _~. 1/ '/',~~ ~'~.'" ,'. "".,-!,:~ "j 1 ,.....7:L':J'. '~ .~ .. ..,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confession of Judgment o 0 C 0 Q <~ "'Ofr 0 mrn l~ ,-:-r:; Z:J' l I~_. PETITION TO OPEN JUDGMENT [~ S: c:>: ~'i ~~, - ~)(~~ AND NOW, this the 19th day of September, 2000, comes the Defendant~SHiM ~~ ,L~ ...-{ ! ,"'" -' )>r=- VJ [::':'')('[1 MAHEDO, and in support of the Petition to Open Judgment avers as follows: ~ ~ ~ I. Thc Plaintiff entered Judgment on a Note dated March 26, 1999, on December 1, 2000, a copy of which is attached to Plaintiffs Complaint for Confession of Judgment, which is incorporated herein. 2. Defendant denies that the signature on the note attached to the Plaintiffs Complaint is his signature, was done at his direction, or done with by his request or authority. 3. Defendant denies that the note attached to the complaint is a true and correct copy of the original, and demands to see the original document. 4. It is alleged that said note is related to amounts related to the Defendant's employment with the Plaintiff(Consumer in nature); including payment ofvacation and sick days, which is a consumer matter, and inappropriate for enforcement by the means of confession of judgment which has been utilized. 5. The Plaintiff has improperly pursued and utilized the remedy of confession of judgment without authority. Page 2 of 3 '~~i . . #. 6. The improper utilization of the confession of judgment eliminated any liability for attorneys fees and costs. 7. The Defendant, RESHAM N. MAHADEO, hereby reserves the right to file additional reasons which may arise during the pendency of this action. 8. The legal fees set forth are not reasonable nor are they actual fees incurred, nor are the fees the responsibilities ofthe Defendant, given the improper filing of this matter. 9. The venue and jurisdiction set forth in this case are not proper, and there are no contacts of Defendant to Dauphin County, Pennsylvania. WHEREFORE, your Petitioner, RESHAM N. MAHADEO, prays your Honorable Court to grant a rule to show cause why the judgment should not be opened and it allowed to make a defense thereto. Respectfully submitted, DATED: /l/1- rP OF KURT A. BLAKE Kurt A. Blake I.D. No. 68791 40 East Princess Street York, Pennsylvania 17403 (7] 7) 848-3078 Page 3 of 3 <-. ~~ ~" . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RITE AID CORPORATION Plaintiff No. 2000-8396 vs. CNIL ACTION - LAW RASHAM M. MAHEDEO Defendant CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the foregoing PETITION TO OPEN lUDGMENT in the above captioned matter upon the individuals listed below as follows: E. Ralph Godfrey, Esquire PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs The Law Offices of Kurt A. BI ke Date: 1~//4 /00 , By D w L. Kohler Legal Assistant to Kurt A. Blake 40 East Princess Street York, PA 17403 (717) 848-3078 '~ ~" ~;I Law Offices of Kurt A. Blake Attorneys and Counsellors at Law 40 East Princess Street York, PA 17403 (717) 848-3078 Fax (717) 848-2777 . ~~ -, J~ ' ,,,_ c__~-,,^ ,,__^,. -"''-" 'E.,;i '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAN'DCOUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff vs. RESHAM N. MAHADEO NO. 2000-8396 CNIL ACTION - LAW PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. State Dlatter to be argued: Judgment for Money Plaintiffs Complaint in Confession of . I 2. Identil;y counsel who will argue case: (a) For Plaintiff: Address: (b) For Difendant: Address: E. Ralph Godfrey, Esquire PO Box 5300 Harrisburg, PA 17110-0300 Kurt A. Blake, Esquire 40 East Princess Street York, PA 17403 3. I will notify all parties in writing within two da s that this case has been listed for Argument. 4. Argument Court Date: urt A. Blake, Esquire Attorney ID No. 58791 40 East Princess Street York, PA 17403 (717) 848-3078 Law Offices of Kurt A. Blake Attorneys and Counsellors at Law 40 East Princess Street York. PA 17403 (717) 848-3078 Fax (717) 848-2777 ,I . . "_-""",,';-i:-'--;""'~' >""_.=;"'_~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff NO. 2000-8396 vs. CIVIL ACTION - LAW RESHAM N. MAHADEO Defendant CERTIFICATE OF SERVICE I, the undersigned, do hereby certifY that I served a true and correct copy of the foregoing Praecipe For Listing Case for Argunzent in the above captioned matter upon the individuals listed below as follows: E. Ralph Godfrey, Esquire PO Box 5300 Harrisburg, P A 17110-0300 Attorney for Plaintiff Date: 3 0 By: L. Kohler Legal Assistant 40 East Princess Street York,PA17403 (717) 848-3078 ~ " .." - ; ~ ,- , - ,~. . i.;W.~I"1 I , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confession of Judgment RULE TO SHOW CAUSE AND NOW, this the day of December, 2000, upon motion of Kurt A. Blake, Esquire, Attorney for RESHAM N. MAHEDO., Defendant herein, a Rule is hereby issued to the Plaintiff to show cause why the Judgment should not be opened and the Defendant let into a defense and further why the merits of the Petition should not be stayed. Rule returnable ; proceedings to stay until determination of the Rule and depositions to be taken on behalf of Defendant before any court reporter on 24 hours notice to Plaintiff or its attorney. BY THE COURT, Judge Page 1 of 3 COpy _~1>n.1fl:~ ~ .- jl!I!ffi~~'l1~~' J 7~" r .,-, --, -"'I --'~-,,-,< "0..""'"''''''-1 ""." CF T~ _J' " 00 DFr?8 ::-; 2;: 23 C' 'Iv""" .,.,. ..', 'I~T" U, ";-;1-''"'11 '::'\"":'; l i L,' . I, .....__. ,_ '....... .1..1\,"" 'I PE~\INSYl~\0~.N A .~'""<' '> -I '"". .",-~",. . ,'",,',,"", "" ~-, ,," --,.~,"'" ~!H!l:~F.I~J~~"1I'i"~-""P1'-'ii~'l;l-'T;!'!";,7'l'll'I~I~~"f~~,j1~~'1il;W'1'!:~f'I:L'~'"1fii"'~t\!""~~W':.!~~ti' !;il - . ~ ~ -" -~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confus~onofJud~ent PETITION TO OPEN JUDGMENT AND NOW, this the 19t1' day of September, 2000, comes the Defendant, RESHAM N. MAHEDO, and in support of the Petition to Open Jud~ent avers as follows: 1. The Plaintiff entered Jud~ent on a Note dated March 26, 1999, on December 1, 2000, a copy of which is attached to Plaintiffs Complaint for Confession of Judgment, which is incorporated herein. 2. Defendant denies that the signature on the note attached to the Plaintiffs Complaint is his signature, was done at his direction, or done with by his request or authority. 3. Defendant denies that the note attached to the complaint is a true and correct copy of the original, and demands to see the original document. 4. It is alleged that said note is related to amounts related to the Defendant's employment with the Plaintiff (Consumer in nature); including payment of vacation and sick days, which is a consumer matter, and inappropriate for enforcement by the means of confession of jud~ent which has been utilized. 5. The Plaintiff has improperly pursued and utilized the remedy of confession of jud~ent without authority. Page 2 of 3 " . ~ w'"--'- I~< 6. The improper utilization of the confession of judgment eliminated any liability for attorneys fees and costs. 7. The Defendant, RESHAM N. MAHADEO, hereby reserves the right to file additional reasons which may arise during the pendency of this action. 8. The legal fees set forth are not reasonable nor are they actual fees incurred, nor are the fees the responsibilities of the Defendant, given the improper filing ofthis matter. 9. The venue and jurisdiction set forth in this case are not proper, and there are no contacts of Defendant to Dauphin County, Pennsylvania. WHEREFORE, your Petitioner, RESHAM N. MAHADEO, prays your Honorable Court to grant a rule to show cause why the judgment should not be opened and it allowed to make a defense thereto. Respectfully submitted, DATED: 1111- (p OF KURT A. BLAKE Kurt A. Blake J.D. No. 68791 40 East Princess Street York, Pennsylvania 17403 (717) 848-3078 Page 3 of 3 . ~ . ,~ , , ".~-' ~ ~ ,- '" -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RITE AID CORPORATION Plaintiff No. 2000-8396 vs. CIVIL ACTION - LAW RASHAM M. MAHEDEO Defendant CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the foregoing PETITION TO OPEN lUDGMENT in the above captioned matter upon the individuals listed below as follows: E. Ralph Godfrey, Esquire PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs The Law Offices of Kurt A. B1 e Date: 1d.//4/00 , By D w L. Kohler Legal Assistant to Kurt A. Blake 40 East Princess Street York, PA 17403 (717) 848-3078 ___I ~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LA W Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confession of Judgment RULE TO SHOW CAUSE AND NOW, this the day of December, 2000, upon motion of Kurt A. Blake, Esquire, Attorney for RESHAM N. MAHEDO., Defendant herein, a Rule is hereby issued to the Plaintiff to show cause why the Judgment should not be opened and the Defendant let into a defense and further why the merits of the Petition should not be stayed. Rule returnable ; proceedings to stay until determination of the Rule and depositions to be taken on behalf of Defendant before any court reporter on 24 hours notice to Plaintiff or its attorney. BY THE COURT, Judge Page I of 3 CODY "Iii -; . ,~ " ~ I .~ " .'. ~. , -[':111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORA nON Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant o c: "'" vcc; fllp--; 2:0 z~=,~ ':~~6 ~ :2~ co :.::~~~? ~C' i01J ~-'-~--+i Z Q --- ~'",:2 c:') -=Ci ~ 1-==-rn AND NOW, this the] 9th day of September, 2000, comes the Defendant, ~:~~mM<< N'.;;j -I N 5J . -< 00 -< MAHEDO, and in support of the Petition to Open Judgment avers as follows: Confession of Judgment C) o o cTl ,) () --:'1 PETITION TO OPEN JUDGMENT I. The Plaintiff entered Judgment on a Note dated March 26, ]999, on December 1, 2000, a copy of which is attached to Plaintiffs Complaint for Confession of Judgment, which is incorporated herein. 2. Defendant denies that the signature on the note attached to the Plaintiffs Complaint is his signature, was done at his direction, or done with by his request or authority. 3. Defendant denies that the note attached to the complaint is a true and correct copy of the original, and demands to see the original document. 4. It is alleged that said note is related to amounts related to the Defendant's employment with the Plaintiff (Consumer in nature); including payment of vacation and sick days, which is a consumer matter, and inappropriate for enforcement by the means of confession of judgment which has been utilized. 5. The Plaintiff has improperly pursued and utilized the remedy of confession of judgment without authority. Page 2 of 3 - ,I . 6. The improper utilization of the confession of judgment eliminated any liability for attorneys fees and costs. 7. The Defendant, RESHAM N. MAHADEO, hereby reserves the right to file additional reasons which may arise during the pendency of this action. 8. The legal fees set forth are not reasonable nor are they actual fees incurred, nor are the fees the responsibilities of the Defendant, given the improper filing ofthis matter. 9. The venue and jurisdiction set forth in this case are not proper, and there are no contacts of Defendant to Dauphin County, Pennsylvania. WHEREFORE, your Petitioner, RESHAM N. MAHADEO, prays your Honorable Court to grant a rule to show cause why the judgment should not be opened and it allowed to make a defense thereto. Respectfully submitted, DATED: Ilfir? OF KURT A. BLAKE Kurt A. Blake I.D. No. 68791 40 East Princess Street York, Pennsylvania 17403 (717) 848-3078 Page 3 of 3 - ~J ..;"........ .-ciiiillit . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RITE AID CORPORA nON Plaintiff No. 2000-8396 vs. CIVIL ACTION - LAW RASHAM M. MAHEDEO Defendant CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the foregoing PETITION TO OPEN TUDGMENT in the above captioned matter upon the individuals listed below as follows: E. Ralph Godfrey, Esquire PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs Date: I~/It../ /00 , dJur By {j D w L. Kohler Legal Assistant to Kurt A. Blake 40 East Princess Street York, PA 17403 (717) 848-3078 II ',,~]~,t,'~i ' " "'. ;;',~~"\!"),,k ,,~., '>8.." ~ <<~ '''i >Ii .,I, 'm ".ti9 !Ii '.a; . .';1\ "".:;..1 o ..1:1 .... "f'v 'r! .'1 I' I~ ! ,'-''''''. ~ ,,-",,- J ~. . ..~...... '~./' 1l,O . , ",,'.-', :~':'~':,:~'- ,~" -&<' /' 'i!l> - :j'l:/;.-r;,'r,,;~f~(~','k;Jr~: 'i:fW,'~o;';-~Z:;' :>:,'- ";-<"':f'J~~ ~ Fo ~ '-6 ~ "- ... ,... ;$ ',"",~ ,;~-~: ~,,':r ~.o ~' tIl, ''', /'p:"-B' ,> '-,'~ <:Ii ';; 1i .. rrl o rrl Lfi' ...t:Q 't:Q diI,.. o tj '. 'i " Ii II ,. " '1 .. - "~.:i"""-""'''_~''''_T'',";'''' f(~{J~~'-fi,":7~~jj;;~ftZ;?1S":Jiz~t;;~iiii?;;'S;;'_iI&:;'.;;z,{r;;:r;s.;!tr!IM .1 ;..; ~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ , ~ ~.~. ~ ~ ~ ~ ~es~'" ~'=~~ ~~~ !ll: ~ ~ ~l:!:~~ ~ ;: ~~ i:q.... .. " . ,., " "'i l;; ~ '" 'k~~~ ~ ~ ~ ~ ~ ~ 15..... "'" ;t ~... "b a 't: ~ '" Q" t'll~1! ~ ~ ti t:::l S;:..;:~~ ':i:-io t'~ ~':f< ~ ~ ~"'i -1@1iHZ~';!;;'?Xg{k!t1%f},~-'!;~~ti;;\R~~j\';2X~~1)~:~;~~<$:)";'1;N0\'i~\, ','f;A1(.t.i5~1:'iaitif;.1ir?,~'~'f;%;;-?;;_~~1L'IC!$;~ 0d"'JC:);f-?,;":)i~!1~;g.,~. " ;,.o',o,-i, ,i<-,,";""-,,=-,-~'..;,A',-~':'~ ",j" ~ ~ ~.... ~".. <:il .. ~ ~ l: '" ~~tf:)~ ~ ~ i:l ~ ~ ~ ~..... ... II ~.... b\3"l:il.< '" '1:l i:l, , t ~ 1; 1.: .~ tt ~~ ~O ~c::. ~'l< ~ ~ ~"'i . -,,~0_ ~ ~ ~ ~ i~~ ~ f:i ' ~ ~ ~ ~ ~ s.. ~ .... ::i! ~~~ o-,,-.~. ',"h,. '~, ,,", '. ,~ !ll!"';ji';;:i?l;'~7;;!;~4'$~Eii!;(J'~fifii!}~Z71f,~:~,;~W~~-(,;s;fi_~'tl,4~~rift; 'i;1~\$7Ji,,~tJ,if:Y;--:-";;'f-J::wre;~;)i1;(X,z;y:?3~_;;:~,!?:,\:~tf:;f.'-'\~~:';i/ii;;'fi-fill\lll .' ~"', ,,;:.,,",= '. _ '''.d_' .,;,_1 " ~,', ";'.1_',,, .. !l: ~~ i:q .. .. l:l .. ~ ~ ~ "l +oo.::::tt.l':)Q to. ~ ~ ~ ~ ~ ~.... ~.!! ::1i 't'>1J~~ ~.... , ti~t:i: ~ ~~~ ~o ~<:> ~~ ~ ~ ~~ -'~". ..- ,,~' '-', ~" .-." '" =- ,---,-,""-'"'-,'. '~"O,'. '.. '_' I ~ ~ ~ 6 - .... - :::s .... - ~ t-. - .... - '0>:' ~ - ~g - to - ~~ ~ ! - ~ ~ - ~~ ~ - td~ ~ - -L:~t';:)~:));;7;.:M2'tS'{5~(i;~!t:f'-1~i41tf;t.f;r1:~'j';;;&!1;;:;:'1]l:-t['*;;j%~ii'@: ~ " I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LA W Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confession of Judgment RULE TO SHOW CAUSE AND NOW, this the day of December, 2000, upon motion of Kurt A. Blake, Esquire, Attorney for RESHAM N. MAHEDO., Defendant herein, a Rule is hereby issued to the Plaintiff to show cause why the Judgment should not be opened and the Defendant let into a defense and further why the merits of the Petition should not be stayed. Rule returnable ; proceedings to stay until detel1nination of the Rule and depositions to be taken on behalf of Defendant before any court reporter 011 24 hours notice to Plaintiff or its attorney. BY THE COURT, Judge Page 1 of 3 copy ~ > liliiil'~;~, [HI' ~' " , J~~; . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant (") c s: -oCCl mp" Z:'X-J zc U). ~~_: ():) --., .!. 2: C) -~:1 ,:::~ ~~ )> 0 -"M (~ \~c~ ~() ..) ;~)t(' >- c= ''1. -1 Z "0 ? AND NOW, this the 19th day of September, 2000, comes the Defendant, REmAM:lN. =< Confession of Judgment Cl c:> CJ P1 C'"'1 Q " PETITION TO OPEN JUDGMENT MAHEDO, and in support of the Petition to Open Judgment avers as follows: I. The Plaintiff entered Judgment on a Note dated March 26,1999, on December I, 2000, a copy of which is attached to Plaintiffs Complaint for Confession of Judgment, which is incorporated herein. 2. Defendant denies that the signature on the note attached to the Plaintiffs Complaint is his signature, was done at his direction, or done with by his request or authority. 3. Defendant denies that the note attached to the complaint is a true and correct copy of the original, and demands to see the original document. 4. It is alleged that said note is related to amounts related to the Defendant's employment with the Plaintiff(Consumer in nature); including payment of vacation and sick days, which is a consumer matter, and inappropriate for enforcement by the means of confession of judgment which has been utilized. 5. The Plaintiff has improperly pursued and utilized the remedy of confession of judgment without authority. Page 2 of 3 COpy '.~-"> ~~. -~ ~.~ ,[ ,. 'rotllII!ilic,,_ (i. The improper utilization of the confession of judgment eliminated any liability for attorneys fees and costs. 7. The Defendant, RESHAM N. MAHADEO, hereby reserves the right to file additional reasons which may arise during the pendency of this action. 8. The legal fees set forth are not reasonable nor are they actual fees incurred, nor are the fees the responsibilities of the Defendant, given the improper filing ofthis matter. 9. The venue and jurisdiction set forth in this case are not proper, and there are no contacts of Defendant to Dauphin County, Pennsylvania. WHEREFORE, your Petitioner, RESHAM N. MAHADEO, prays your Honorable Court to grant a rule to show cause why the judgment should not be opened and it allowed to make a defense thereto. Respectfully submitted, DA TED: /2.11- (P OF KURT A. BLAKE Kurt A. Blake I.D. No. 68791 40 East Princess Street York, Pennsylvania 17403 (717) 848-3078 Page 3 of 3 "If~~ - ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RITE AID CORPORATION Plaintiff No. 2000-8396 vs. CIVIL ACTION - LAW RASHAM M. MAHEDEO Defendant CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the foregoing PETITION TO OPEN JUDGMENT in the above captioned matter upon the individuals listed below as follows: E. Ralph Godfrey, Esquire PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs Date: 1d./14/00 . dj;( By U D w L. Kohler Legal Assistant to Kurt A. Blake 40 East Princess Street York, PA 17403 (717) 848-3078 -~. 1_ ;L " ,. - ""~i " j ~1-'a?1!0;" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confession of Judgment RULE TO SHOW CAUSE AND NOW, this the day of December, 2000, upon motion of Kurt A. Blake, Esquire, Attorney for RESHAM N. MAHEDO., Defendant herein, a Rule is hereby issued to the Plaintiff to show cause why the Judgment should not be opened and the Defendant let into a defense and further why the merits of the Petition should not be stayed. Rule returnable ; proceedings to stay until determination of the Rule and depositions to be taken on behalf of Defendant before any court reporter on 24 hours notice to Plaintiff or its attorney. BY THE COURT, Judge Page 1 of 3 c ~y ~...'>oOll'. ~ ..1 -'" ~IW!l.'__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant [) <7""> 0 C c.."")- -T1 <':: CJ -0 'C'ri ('-' rnm .:-) :z: ...,., 'T1 ~ 5~~: ()O -~~:~! PETITION TO OPEN JUDGMENT ~~ =:.; ~~~~: L- C' ,~,_- rr; >c: f.;~ ~~' AND NOW, this the 191h day of September, 2000, comes the Defendant, Rp;j:;HAM N53 -=< (P -< Confession of Judgment MAHEDO, and in support of the Petition to Open Judgment avers as follows: I. Thc Plaintiff entered Judgment on a Note dated March 26, 1999, on December 1, 2000, a copy of which is attached to Plaintiffs Complaint for Confession of .Judgment, which is incorporated herein. 2. Defendant denies that the signature on the note attached to the Plaintiffs Complaint is his signature, was done at his direction, or done with by his request or authority. 3 Defendant denies that the note attached to the complaint is a true and correct copy of the original, and demands to see the original document. 4. It is alleged that said note is related to amounts related to the Defendant's employment with the Plaintiff(Consumer in nature); including payment of vacation and sick days, which is a consumer matter, and inappropriate for enforcement by the means of confession of judgment which has been utilized. s. The Plaintiff has improperly pursued and utilized the remedy of confession of judgment without authority. Page 2 of 3 - 'I " " -j_l!<iIWl.... 6. The improper utilization of the confession of judgment eliminated any liability for attorneys fees and costs. 7. The Defendant, RESHAM N. MAHADEO, hereby reserves the right to file additional reasons which may arise during the pendency of this action. 8. The legal fees set forth are not reasonable nor are they actual fees incurred, nor are the fees the responsibilities ofthe Defendant, given the improper filing ofthis matter. 9. The venue and jurisdiction set forth in this case are not proper, and there are no contacts of Defendant to Dauphin County, Pennsylvania. WHEREFORE, your Petitioner, RESHAM N. MAHADEO, prays your Honorable Court to grant a rule to show cause why the judgment should not be opened and it allowed to make a defense thereto. Respectfully submitted, DATED: II/} (jJ OF KURT A. BLAKE Kurt A. Blake J.D. No. 68791 40 East Princess Street York, Pennsylvania 17403 (717) 848-3078 Page 3 of 3 , ,. . -........_"'~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RITE AID CORPORATION Plaintiff No. 2000-8396 vs. CIVIL ACTION - LAW RASHAM M. MAHEDEO Defendant CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the foregoing PETITION TO OPEN TUDGMENT in the above captioned matter upon the individuals listed below as follows: E. Ralph Godfrey, Esquire PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs Date: I~/It../ /00 , By U D w L. Kohler Legal Assistant to Kurt A. Blake 40 East Princess Street York, PA 17403 (717) 848-3078 j~ . "..1.. ........~i' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA RITE AID CORPORATION Plaintiff CIVIL ACTION - LA W Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confession of Judgment RULE TO SHOW CAUSE AND NOW, this the day of December, 2000, upon motion of Kurt A. Blake, Esquire, Attorney for RESHAM N. MAHEDO., Defendant herein, a Rule is hereby issued to the Plaintiffto show cause why the Judgment should not be opened and the Defendant let into a defense and further why the merits of the Petition should not be stayed. Rule returnable ; proceedings to stay until determination of the Rule and depositions to be taken on behalf of Defendant before any court reporter on 24 hours notice to Plaintiff or its attorney. BY THE COURT, Judge Page 1 of 3 COpy ,J'" "~ ~ ~ ;' "' 'k_... _! , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITE AID CORPORATION Plaintiff CIVIL ACTION - LAW Vs. No. 2000-8396 RESHAM N. MAHEDEO. Defendant Confession of Judgment MAHEDO, and in support of the Petition to Open Judgment avers as follows: o ( C t: s: ,-, PETITION TO OPEN JUDGMENT gEt! l=. . zc - (J)",:;: a AND NOW, this the I 9'h day of September, 2000, comes the Defendant, ~E$H~ N. ~g 3 p;=:' ~ z =<! ~ The Plaintiff entered Judgment on a Note dated March 26, 1999, on December I, I. 2000, a copy of which is attached to Plaintiffs Complaint for Confession of Judgment, which is incorporated herein. 2. Defendant denies that the signature on the note attached to the Plaintiffs Complaint is his signature, was done at his direction, or done with by his request or authority. 3. Defendant denies that the note attached to the complaint is a true and correct copy of the original, and demands to see the original document. 4. It is alleged that said note is related to amounts related to the Defendant's employment with the Plaintiff(Consumer in nature); including payment of vacation and sick days, which is a consumer matter, and inappropriate for enforcement by the means of confession of judgment which has been utilized. 5. The Plaintiff has improperly pursued and utilized the remedy of confession of judgment without authority. Page 2 of 3 .. -- ~~ I~'-" """"_""' -;..........."""..,- ~ 6. The improper utilization of the confession of judgment eliminated any liability for attorneys fees and costs. 7. The Defendant, RESHAM N. MAHADEO, hereby reserves the right to file additional reasons which may arise during the pendency of this action. 8. The legal fees set forth are not reasonable nor are they actual fees incurred, nor are the fees the responsibilities of the Defendant, given the improper filing ofthis matter. 9. The venue and jurisdiction set forth in this case are not proper, and there are no contacts of Defendant to Dauphin County, Pennsylvania. WHEREFORE, your Petitioner, RESHAM N. MAHADEO, prays your Honorable Court to grant a rule to show cause why the judgment should not be opened and it allowed to make a defense thereto. Respectfully submitted, DATED: 1111- {JJ OF KURT A. BLAKE Kurt A. Blake LD. No. 68791 40 East Princess Street York, Pennsylvania 17403 (717) 848-3078 Page 3 of 3 .1 il .:..- . '" ,- ~ ~" r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RITE AID CORPORATION Plaintiff No. 2000-8396 vs. CIVIL ACTION - LAW RASHAM M. MAHEDEO Defendant CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the foregoing PETITION TO OPEN TUDGMENT in the above captioned matter upon the individuals listed below as follows: E. Ralph Godfrey, Esquire PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs Date: 1/}./14/00 , By () w L. Kohler Legal Assistant to Kurt A. Blake 40 East Princess Street York, PA 17403 (717) 848-3078 II '''' --, ~'i,_", ',' " '. " , ., RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ;)o:::f)- 83<iL.J ~ CIVIL ACTION - LAW RESHAM N. MAHADEO, 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. Theprincipalamount...$1,293.51 I Attorney fees ... $388.05 Costs ...$14.50 Total... $1,696.06 2. Interest on the judgment, all attorney fees, and other costs and charges which accrue in connection with the judgment are to be collectible under the judgment. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: if Iv; fro I I I By ~ E.Ralph odfrey,Esqurre Attorney J.D. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 184203.1 I I _J,; . ~ " "'~-I ;.. .. "I RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. CIVIL ACTION - LAW RESHAM N. MAHADEO, Defendant COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, comes the Plaintiff, Rite Aid Corporation, by and through its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support thereof avers as follows: 1. Plaintiff, Rite Aid Corporation, is a Pennsylvania corporation authorized to conduct business in the Commonwealth of Pennsylvania with a principal place of business at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Resham N. Mahadeo, is an adult individual who resides at 1647 Dickinson Avenue, Camp Hill, Pennsylvania, 170 II. 3. On or about March 26,1999, Defendant executed a Promissory Note ("Note") in favor of Plaintiff, which Note authorized Plaintiff to confess judgment against Defendant. A true and correct reproduction of the original Note is attached hereto and incorporated herein as Exhibit "A". 4. The Note has not been released, transferred, or assigned. 5. Judgment has not been entered against Defendant in any jurisdiction for any amount under the Note. Document #: 184203.1 ,. I I Ii .. 6. The Note authorizes confession of judgment by Plaintiff against Defendant in the amount of$I,411.10, plus attorney fees and costs, upon Defendant's failure to make payments pursuant to the terms and conditions of the Note. 7. Judgment may now be entered pursuant to the terms and conditions of the Note because Defendant has failed to make payments when due. 8. An itemization of the amount due, less payments made by the Defendant to date, including interest and attorney fees as authorized by the Note, is as follows: (a) Principal amount - $1,293.51 (b) Attorney fees - $388.05 (c) Costs - $14.50 (d) Total- $1,696.06 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. Document #: 184203.1 _II .-: .., WHEREFORE, Plaintiff demands judgment in the sum of $1 ,293.51, together with an attorney's commission of thirty (30%) percent in the amount of$388.05, and costs in the amount of$14.50, for a total of 1,696.06. Respectfully submitted, , By E. Ralph odfrey, sqUIre Attorney LD. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: It/tO/uti . Document #: 184203.1 - ~ ~ I, , , "~ - ~I..;r ii ./ . .' ./ e(,t.fII.lO) $1.411.10 PROMISSORY NOn: DSIe' J/U/99 PaYmeDl Terms 1. :<or ''Bm. ..",ivOO, ~'ham N. MaI..ko. "Moker". promise. 10 pl(V 10 llI<: orc..r "fRUE AID CORPO.RA nON', ""Paj'CC", th.:-pnnciple Roum:.of .De thuWit...d four hm,dred. el.l!vt'!D I!IInd 101100 dollan (51,411.10), 2. 6,11 incle.'Lcdncss provided for- in thilll\ull; Ililll.I1 be forgiv<n in (wd,e ( 12) monthLy insl,Um.:nl9 of ~ (I (7. 'S''?:j''l';;) p'" "",,,th. beginning llIIC (I) monlh fnLlov.;ng lllc clak: of this fJ(\mi.1IDry Nulo wrinen above. Monlltly inSlallment. .hould be: nlAde ])ayabl. 10 Rile Ail! Col'Jl<lrali(\n and ""nl la: Tracy' ~<hr.l' - legal De;llltlmen, Rite "Jil Co,!,"r,ti..., Uol; .165, Hatri,b",g, PA l7IllS. 3. All indo.I"""".. pro\'idcd fnr in thisnolc shan heoome due llDd p,yilble immediall.:ly, ",thou' demand or noti~. in the C\'ee.1 fuu the Maker bre;u:ha 1bA.: otCIreed-\lpon paymaLl tenus contakood h:r:v.:in. 4 Mab:r "8'''''' 10 p'Y all acl"al ""l''''lSes incurred by lhc Fayee in any al"'mp! to <:oiled any """,unl <1110 onder \Ili. Note, inc1utliug all "",Is of Itll"l n<liOll and '......noble attorn"},,' f= 5. Tlw: 'MUcr iIDd aU :wretieR, guaranloOi3 Wld enda-rers Bcvt:rall~ v.,'a.i ve demand .aJiIJ ~sentmen.llor j><Iymdll. 1I0tiOO .' <limnor, 1I00ite of proll.:.~ IIr!d protest .fthi. Nolo. n. Na ...'t'ai...t:1' trr rMdiflC.alion. or the tenns of this 'NalC: shal1 he ,'aIid unk:iili- in "",-iling, signQd b~'l\o1Dkcr and l'ay... Any mo<Iifi..\ion <hall be ,.liG only to tt.: cxlcnd "" fortlt in "Tiling. 1. Etu.:h pirty. L(\clud~ 1.h4; Milker :u'Jd any cndorl;Cf~ :I:Utety, aecomruocJHtiOl~ ~... or guaumtor I 'wah't1s- all right lo trial by jur)' in an)' dr.liDJl or prQ~~g iw;liLulcd in fe6p.ed. t.a Lhis nUloe, 8. niB Nete shall be COlIMJOO under ili<: ...,,~ of tho COIJlJll""....o1d1 ofPe"".yhanill, includinj: Lh~ U,"fonn CommerciaL Code, ...:"."tedlUld in fore<: in Ibe COlllltlo.weallh ufPenn.!i\'llItIn. 9. T~e Maker ofllI.i. liore Authorizes ""l>' nUom,,}' at law '" _ppear hefare tiJA: prolllOlllW.rl' of lIDY court of f'(:cord -of'thc Cmmwllwcalth ofPclUlU)"lvmi4l 01" LiI'l m\~' Gtalc in the United. States al an!' time aftfl[" tIml Note heOOlDaS due. \"lae-.ha b)' .~tiQn or otha~iuc.. end. ta .......Aive llw illo&uing Clnd Re:fviec orpl'OCeSf and 1:0nk::ss: 0. judgement in fa,'nr of tJu: lcglll holder ognin.t any MaItet aud endor.er, lOr lb.. amount of principle lUtd intcn:.11Ilen .p[1eoring du_ an this Nole:, 'toietber \"itncostst1fsuit, and to l"e1cax all errors aDd _'r'~ WI right of appeal 10. If all!' ..,....lIt.1em or conditim ohhi. Noce or lhc app1lc81ion tltacoI 3lla11 m any extent be Iltvolid 0' wanf<m:oab1", 111: ~iditv ofthc roraaiIider oflhi. Nol.. ohnn Ml he atli:<:tcdlllerebv; 0J1d oncb C<Jtl"'tUn', ""Dt 0' con<1i,iOtl of1l\1. r-Ioto obaiI be vAlid aod BlIf"""",ble", th.1Ullcs1 exle"t [1ennitlod by low. WARNING. BY SKlliJNO THIS PAPER 'tOU ClIVE UP YOUR RIGHTTO l'Ol1CF. J\}.,L)COURT llUt.l., U' yoU DO NOT PAY ON TIME. It COURT JUDGEMllNI. MA YllE TAKI!.N "GAINS'!: "fOil \\ITIllOUl. YOllR PRIORKNOWl.F.DGE Ai'<1J THF.I'ClWERS (11' A CflURT CAN UFo USED TO (X)IJ.F.cr mOM YOU RF.GARDLliSS OJ' ANY CLAIMS YOUl\MY HA VIJ AGAr.oISTTIJI! CRRfllroRFOlU<F.'I18.NED GOODs.rAIJI.TV GOODS.I'AII,lffiF. TO COMPI. Y \\ITIHTIm ACiRRF.MENT. OR ANY O1HHR c.;Allll1!. wrrNESs MAKJ'.R &Yi-&-. w.fll"", M. hld.crson. PHR IS J lurn... Re""",,",Manogc< Rfm An CflRPORA'llON r;....; i lU/ Rcsllml.tN.M c' l,-~-t:tz--'. ~,d. MMADEO ," Ll o -I 11iIilIiI1Iiiio" 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 /;7f(} I Document #: /84203.1 ~~fj"_lW:~~~-liI~t&!.~J1"'_-'<<:'PillW1tl>'i"Mii~~!!if~lIIiilllilililllilllt.~ "_h''''''-~~' ~ "''''''n'''',",~f''-~ ~_"",. ,_ h ~~ ~ ....... ('0. ....... '0' ?-; ~. ~ \"", t,;. .......)-1 "- -tit -I"- ~ ',=~ I~_ ~m.~~ ~ r- - rJ - - o o ~ J:.:- (51 o -'8-. 1 y --w 1lIilHIil~ Gf Clt.JJ O()! 00 (j\--O p CL .r-oO ~ t ~i ~~ ;;;;:0 :0>.0 Zo :l> ,-- Z :< --, '"_.'^ , -' -" g I::) r<1 n t ~ "."1 ",L ~TI p:'1.p.. "r-:;':'t\ ~fl? 0") .~----r".:;,... :::::j;l ~(J om ~ =2 "'0 :x &;- N ~ ~ .. II , ~.....~, E. Ralph Godfrey, Esquire ATTORNEYI.D. NO.: 77052 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiff: Rite Aid Corporation RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-8396 CIVIL ACTION - LAW RES HAM N. MAHADEO, Defendant PLAINTIFF'S ANSWER AND NEW MATTER TO DEFENDANT'S PETITION TO OPEN JUDGMENT AND NOW, comes the Plaintiff, Rite Aid Corporation, and answers Defendant's Petition to Open Judgment as follows: 1. Admitted. 2. Denied. To the contrary, the signature contained on the Promissory Note attached to the Plaintiffs Complaint is that of Defendant. Furthermore, following the execution of the Promissory Note, Defendant proceeded to make one payment in the amount of One Hundred Seventeen Dollars and 59/100 ($117.59) as required by the terms and conditions ofthe Promissory Note. (See Check Number 214 dated April 42, 1999 attached hereto as Exhibit "A"). At no time prior to or after making his first payment on April 24, 1999, did Defendant notify or indicate to Plaintiff that the signature on the Promissory Note was not authentic. Also, on Document #: 200298. J Li " '~.21i~", August 4, 1999, Plaintiff sent a letter to Defendant notifYing him of his obligation and failure to make payments in accordance with the terms and conditions of the Promissory Note. In addition, Plaintiff notified Defendant of the remaining balance of $1 ,293 .51. (See correspondence dated August 4, 1999, attached hereto as Exhibit "B"). On July 3, 2000, Plaintiff sent a second letter once again notifYing Defendant of his obligation and failure to make payments in accordance with the terms and conditions of the Promissory Note. (See correspondence dated July 3, 2000 attached hereto as Exhibit "C"). Defendant never responded to either of these letter or notified Plaintiff in any way that he had not signed the Promissory Note. 3. Denied. To the contrary, the Promissory Note attached to the Complaint is a true and correct copy of the original, which is currently in the possession of Defendant. Furthermore, the copy attached to Complaint was faxed to William M. Anderson, IS Human Resource Manager from Defendant. 4. Denied as stated. It is admitted only that Defendant entered into the Promissory Note as part of receiving educational training to perform his employment with Plaintiff. Since Defendant had failed to work the Two (2) year time period required as a condition to receiving the educational training, he was requested to reimburse Plaintiff for the educational expenses. Accordingly, Defendant executed the Promissory Note requiring him to make Twelve (12) monthly installment payments in the amount of$117.59. It is denied that the Promissory Note was consumer in nature or was for repayment of vacation and sick days. Furthermore, the enforcement of the Promissory Note by confession of judgment is proper since it pertains to an employment matter and not a consumer matter. -2- Document #: 200298.1 II , . lIlie','; 5. Denied. To the contrary, Plaintiff has properly pursued and utilized the confession of judgment. Furthermore, Plaintiffhad the proper authority to enter the judgment pursuant to the warrant of attorney contained in the Promissory Note. 6. Denied. To the contrary, Plaintiff properly utilized the confession of judgment. Furthermore, the terms and conditions of the Promissory Note expressly provide for attorney fees and costs as a result of Defendant's default. 7. Denied. To the contrary, Defendant has waived any and all rights to file any additional reasons, which have not been raised in his Petition to Open Judgment. 8. Denied. The legal fees set forth in the Complaint are reasonable and are permitted pursuant to the terms and conditions of the Promissory Note. Furthermore, the terms and conditions of the Promissory Note require Defendant to reimburse Plaintiff for its costs as well as pay reasonable attorney fees incurred as a result of his default. 9. Admitted but with qualification. Plaintiff agrees that Dauphin County is not the proper venue and jurisdiction for this matter. Furthermore, Plaintiffhas not brought his action in Dauphin County, but has instead properly entered judgment in Cumberland County, which is the proper venue and jurisdiction. WHEREFORE, Plaintiff respectfully requests that Defendant's Petition to Open Judgment be denied. NEW MATTER 10. Paragraphs 1 through 9 are incorporated herein by reference. - 3 - Document #: 200298.] ~'.{ 11. Defendant has failed to allege facts that support his contention that he acted in a prompt manner and without delay between the discovery of the existence of the judgment and the filing of the petition to open it. 12. Defendant has failed to allege sufficient facts to establish a reasonable explanation for the delay. 13. Defendant has failed to allege precise, specific, clear and unmistakable facts sufficient to establish a meritorious defense. 14. Defendant has failed to support his allegations with clear and convincing proof, but merely relies upon unfounded allegations. WHEREFORE, Plaintiff respectfully requests that Defendant's Petition to Open Judgment be denied. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~ By E. Ralph Godfrey, Esquire' Attorney J.D. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: r;!<-f /0 { I Attorneys for Plaintiff - 4- Document #: 200298.1 ::.' ~ "- ~ ~~ 1, RES HAM N. MAHADEO 1647 DICKINSON AVE CAMP HILL, PI'. 17011 -- PAYlOTHE ORDER OF fL Ie It! ~ p.J (J~ . "HARRIS. . "SAVINGS BANK HARlUSBURC. PA 17101 FOR ~ I -., tftJ S'e velA te..- ...........~, , . DATE ..."214~; OfjLf/19 . 6M23Bml& $lllts"c; .} ~ xx DOLLARSRl e~'::~s t2Qwt;.t; on... ..... '1:2:1 .",H 2 38 ?I: .0000 23 2 b bU" + 0,",","' , ,i~ ~~~........ , II I " , ~~", IrIiD q:J RITE AID Corporation . MAILING ADDRESS P.O. Box 3165 Harrisburg, PA 17105 . GENERAL OFFICE 30 Hunter Lane Camp Hill, PA 17011 . (717) 761-2633 August 4, 1999 Resham N. Mahadeo 1647 Dickinson Avenue Camp Hill, PA 17011 Dear Mr. Madadeo: On March 26, 1999, you executed a Promissory Note which obligated you to repay to Rite Aid Corporation, the principle sum of $1 ,411.1 O. Since that time, you made one (1) monthly payment in April 1999, in the amount of $117.59. The remaining balance due is $1,293.51. Please begin forwarding regular monthly payments, in the amount 0[$117.59, to my attention at the mailing address listed above, or call me directly to make arrangements for payment. Be advised, if we do not hear from you within ten (10) days from the date of this letter, we will pursue any and all remedies available to us, including filing the above-referenced Note with the appropriate court and having ajudgement entered against you. Very truly yours, RITE AID CORPORATION Itls ,.....-^ ~ . .0 MAILING ADDRESS P.o. Box 3165 Harrisburg, PA 17105 . GENERAL OFFICE 30 Hunter Lane Camp Hill, PA 17011 . (717) 761-2633 Rite Aid Corporation July 3, 2000 Resham N, Mahadeo 1647 Dickinson Avenue Camp Hill, PA 17011 Dear Mr. Mahadeo: On March 26, 1999, you executed a Promissory Note which obligated you to repay to Rite Aid Corporation the principle sum of$I,411.10. Since that time, you have made one (1) monthly payment in April 1999, in the amount of $117.59, despite my written reminder and request forrepayment dated August 4, 1999. Your remaining balance due, at this point in time, is $1,293.51. Please begin forwarding regular monthly payments, in the amount of$117.59, to my attention, or call me directly to make alternate payment arrangements. I cannot sufficiently emphasize the importance of your attention to this matter. Please be advised that in do not hear from you within ten (10) days, Rite Aid will pursue any and all remedies available to us, including filing the above-referenced Promissory Note with the appropriate Court and having a judgement entered against you, together with costs and fees. My mailing address is listed above and my direct dial telephone numberis 717-731-3825. I look forward to hearing from you. Very truly yours, Ids . ~ . l-L I. L . _.. J , _, ~ ~'"_-'-'''-~''''L',"''' MAR-13-01 TUE 06:19 PM RITE AID HR DEPT FAX NO. 717 731 3860 V~/~~/~VV. ~~.UI ~~ (~1'~.~~'9 ~~<<e ~~ .^ P.02/02 If!JULa VERIFICATION 1, Tracy L. SchIey, hereby certify that the fOllowing is correct: The facts set Corth in the foregoing Plaintiff's Answer and New Matter to Defendant's Petition to Open Judgment lite based upon infonnation which I have furnished to counsel, as well as upon infonnation which ha>. been gathered by counsel and/or others acting on my behalf ill this matter. The language of the. Plaintiffs An$wer and New MatteTto Defe.ndant'sPetition to Open Judgment is that of counsel and not my own. I have read the Plaintiff's Answer and New Matter to Defendant's Petition to Open Jucl.gment, and to the extent that it is based upon informa1J.on which 1 have given to counsel, it is true and correct to the best of my knowledge. information, and belief. To the extent that the content ofilie P1aintiffs Answer and New Matter to Defendant's Petition to Open Judgment is that of C(Iunsel, I have relied upon such counsel in making this Verificatiol1. I hereby acknowledge that the facts set forth in the aforesaid Plaintiff's Answer and New Matler to Defendant's Petition to Op~:n Judgment are made subject to the penalties ofl8 Pa. C.s.A. 94904 relating to unsworn falsification to authorities. Date: tJ.YA!;/b / Docum~11I 'II: 200307./ MAR 13 '01 15:19 717::>~q.a,'?R PClrn: 1 ~ "" " . I' ". L ~-""'- CERTIFICATE OF SERVICE AND NOW, this /ij!1Lday of March, 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 Plaintiff's Answer and New Matter to Defendant's Petition to Open Judgment this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Kurt Blake, Esquire 40 East Princess Street York, PA 17403-5537 Document#:2003071 lt~J~~!iI!~jllilli.!liiljill~~j*~_iQi!ti~~i/hi~.g;J"",;-;:r-!b":H1J;''''"'''--''e!t~~oe~~~WI!b.1 _~ "L, ,~=~1. J ~ ., ", ,~_,' ~,' I~,~~~, ~ .~~:-~t"'''''' ~'h ~_ 2 ~~.~ff I ._{"'_ 3E~i "::>(-.... !kef $ k . ~~~ .. c:, -- .-- ~?' o')lo- ",,: .~::J -. -l> i'-' (:::; ::c ,<os!] ,~(-:J cr~;;, ~'- r crt? $ .... ~ -. c.::. " .1: "i,'- -- . "' ~-~" ... RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-8396 CIVIL ACTION - LAW RESHAM N. MAHADEO, 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 Attorneys for Plaintiff Dated: ~/r III/ { Document #: 203499.1 ,~ ~, _ L_ II ~ , ~L - ~~L ~"IIIlfirliE~ ' CERTIFICATE OF SERVICE A-t-- AND NOW, this ~ day of May, 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: J. Michael Sheldon, Esquire 6059 Allentown Boulevard Harrisburg, P A 17112 ~. Document #: 203499.1 jj*i~~lflIlili~i~'~ ~-":u."-'~"f1-'~ "~~jii-illC!1;L^\';;h";,,.,'t;,i!.,;;'tl:t'5"""~''';''i;t;--<ci';~'<;h''j;i~ffH~i:'l!Iij"OOJ~iWJiii!iljjj.'kl;1:lil.'V'- ~- _I ".,~j~, ""ltlIl*! [) 0 ::"J; c ~:,.. ., -U CO .~ rnrn =-< Z:;:,\ 7': ,- a'~ 0 (fJ;~ - , -< r::: &"n ~ts ~,..-" , C'J - , , ';"'>-c:' :;? '::::{ ~ ::> :2.0:; ~ ~- 0< - "" , ~ , .