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HomeMy WebLinkAbout00-08397 I Ii ;, ",-, .-< "iI RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8397 CIVIL TERM CIVIL ACTION - LAW JULIE A. MONG, a/k/a JULIE A. GETRIDGE, 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 '? (j>- ~ E. Ralph G ,squIre Attorney LD. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: I vi at Document #: 194070.1 ;" Ii . ~',--. " CERTIFICATE OF SERVICE AND NOW, this /..{fL' 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: Julie A. Mong alk!a Julie A. Getridge 21909 Holiday Drive Smithsburg, MD 21783 Document #: 194070.1 iii~~!lt~:&~lU~~;t~,:*';"";"l'!;4P.1li!l'ifjl;;,;;,;.r"'f,'iili~~~limIlll -'-c Uiiilll"~ ~ .~~""" . (') 0 () c: .'n s: ~ . - . ~ -oeiJ :;t:-:>o rnrn ;;t'.: 2::r:. ~~~~; , ('" " r-::C~ .'" ~J> _. zV ,LJ N -C ~ .;:;::~ .~ .0.-'" :0 -< -< -'~" -., ii Ii I I i ,j ;i I 'I " I 'I I " il ii II ii :i I I] '" : . ".~ d..". ,_.~~ ' ~ oJ'.L ~ RITE AJD CORPORATION, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. (}-(;- 'i'391 CWd f~ CIVIL ACTION - LAW JULIE A. MONG, alk!a JULIE A. GETRIDGE, Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney contained in the Prornissory 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... $1,362.00 ..; Attorney fees... $408.60 Costs ...$14.50 Total ... $1,785.10 2. Iuterest on the judgment, all attorney fees, and other costs and charges which accrue in connection with the judgment are to be collectible under the judgment. Respectfully submitted, METZGE RSHAM, KNAUSS & ERB, P.C. Dated: {( I V/Ou BY~ E. Ralph Godfrey, Esquire Attorney LD. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: /84207. J -'-, Ii ,,",-'" ~ - I :j i. I',' " i t'*~'t.- . RITE AJD CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. (!)-()- J'391 ~ T~ CIVIL ACTION - LAW JULIE A. MONG, alk!a JULIE A. GETRIDGE, Defendant COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, comes the Plaintiff, Rite Aid Corporation, by and through its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support thereof avers as follows: 1. Plaintiff, Rite Aid Corporation, is a Pennsylvania corporation authorized to conduct business in the Commonwealth of Pennsylvania with a principal place of business at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Julie A. Mong , alk!a Julie A. Getridge, is an adult individual who resides at 21909 Holiday Drive, Smithsburg, Maryland, 21783. 3. On or about August 20, 1999, Defendant executed a Promissory Note ("Note") in favor of Plaintiff, which Note authorized Plaintiff to confess judgment against Defendant. A true and correct reproduction of the original Note is attached hereto and incorporated herein as Exhibit "A". 4. The Note has not been released, transferred or assigned. 5. Judgment has not been entered against Defendant in any jurisdiction for any amount under the Note. Document #: 184207.1 "' . i~, 6. The Note authorizes confession of judgment by Plaintiff against Defendant in the amount of$I,362.00, 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, including interest and attorney fees as authorized by the Note, is as follows: (a) Principal amount - $1,362.00 (b) Attorney fees (30%) - $408.60 (c) Costs - $14.50 (d) Total- $1,785.10 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. WHEREFORE, Plaintiff demands judgment in the sum of $1 ,362.00, together with an attorney's commission of thirty (30%) percent in the amount of $408.60, plus costs in the Document #: /84207.1 ',~.,:,-i, -'"''''-''} I';'r'~_'liin'-' amount of$14.50, for a total of$I,785.10, plus any other costs or charges that are collectible under the Note. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Attorneys for Plaintiff Dated: /fko!vo , , Document #: 184207.1 1, - 1'-- "-~~"'oid'.~~tiiJl~j'i, ".'/',... , . .... f PROMISSORY NOTE . J /^ $ 13'-2. Date: August 20. 1999 Payment Terms 1. For receipt of tuition reimbursement, Julie A. Monl!, "Maker", promises to pay to the order of RITE AID CORPORATION, "Payee", the principal sum of ($I~2... ). 2. All indebtedness provided for in this Note shall be forgiven in~ II!.SC (~) equal monthly installments, beginning one (1) month following the date of this Promissory Note. Personal checks and/or money orders should be made payable to "Rite Aid Corporation' and forwarded to the attention of Tracy L. Schrey, House Counsel, 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. In the event that Payee is required to take legal action to enforce this Promissory Note, Maker shall pay the amount of all reasonable attorneys' fees and costs incurred by Payee in connection with such enforcement. Time is of the essence with respect to each and every term and provision ofthis Promissory Note. 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 COURI' TRIAL. IF YOU DO NOT PAY ON TIME, A COURI' JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURI' CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR FOR RETURNED GOODS, FAULTY GOODS, FAILURE TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. WITNESS MAKER ~~I.lI:"') Kristin Blain Corporate Human Resources Manager ~1hi';l11f.m()--. J A. Mong (J b<k,l,,+ itA II . " ~"I ""- .""w{rn-.:.j.1i.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 subject to the penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. Date: /;j; roo Document#:I8420~I 1iil~Wli!lliltil_~~i.lJ~h2!jh..:Ete..,:w"".a;,~~:ll1lii"-I!l;,..r"ti:hili~j:;,,,,,,,,,.I,,oiikjj'''"''''''''''-\i,,,,;;H',MM~j:jli:il,ill<I$ilI'~~'i~IIiiIliiIIiil'~~~l "~,~- t:,~ " , ~ ,'0 ~~ , " I (') C 0 ~ C -n , 0 .,-~ .~8'i m :'1:'-m: n {.,-,,,,,,,,,:- j-; "j.~ :i I ~f?" ;<::0 ..." :';:lQ ~8 :x 7')::JJ 150 >s;;; t:- em ~, ,.... N ~ Ul ...... ~ (r ~ ~;,.~ ~ I , ~ j ~ ~ ~ ~ 'l( .'(;) V c} " I ,II . '. " "'[ t( f- , ii..-... RITE AJD CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. It1J - 13 C; 1 ~ -r;..... CIVIL ACTION - LAW v. JULIE A. MONG, alk!a JULIE A. GETRIDGE, Defendant NOTICE TO: Julie A. Mong , a/k/a Julie A. Getridge 21909 Holiday Drive Smithsburg, MD 21783 YOU ARE HEREBY NOTIFIED that on A ()" , I has been entered against you in the above-captioned action: ,2000, the following judgment Judgment in the amount of $1,785.10 Is/ (l h,;-r," ((. t; rc- l . Prothonotary I HEREBY CERTIFY that the name and address of the proper persons to receive this Notice under Pa.R.C.P. 236 is: Julie A. Mong , alk!a Julie A. Getridge 21909 Holiday Drive Smithsburg, MD 21783 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ?- E. Ralph Go ey, Esquire LD. No. 77052 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 191554.1 "