HomeMy WebLinkAbout09-0774.l
ORlGI~w'_'
SIEGRIST, KOLLER, BRIGHTBILL, LONG AND FEEMAN
THOMAS S. LONG, ESQUIRE
Attorney I.D. No. 21237
315 South Eighth Street
Lebanon, PA 17042
Telephone No.: (717) 272-6646
Fax No.: (717) 270-9687
tslong,{a~skblf.com
Attorney for Yale Electric Supply Co Inc Plaint
YALE ELECTRIC SUPPLY CO. INC.,
Plaintiff
vs.
SAMUEL A. TURPIN and
ROBIN A. TURPIN, his wife,
jointly, severally, and
t/a/d/b/a FLASH ELECTRIC, INC.,
Defendants
'F8o1 Charles ~d
Pb(,3osr i3Q7
Meehan ie~hor,~ , PA 170 55
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. (~- r17~ l~ivil~Prwl
PRAECIPE
TO THE PROTHONOTARY OF SAID COURT:
Please enter judgment in favor of Plaintiff, Yale Electric Supply Company, Inc., and
against Defendants, Samuel A. Turpin and Robin A. Turpin, his wife, jointly, severally, and
t/a/d/b/a Flash Electric, Inc., for the sum of Ninety-two Thousand Four Hundred Nineteen and
88/00 Dollars ($92,419.88), plus interest at nine (9%) percent per annum, and costs of suit, as
provided by the rules of Court, and Act of Assembly in such case made and provided.
SIEGRIST, KOLLER, BRIGHTBILL~ LONG
AND FEEMAN
By C
Thomas S. Long, Esquire (I.D 1237)
315 South Eighth Street
Lebanon, PA 17042
(717) 272-6646
Date: oZ-' ~~ ~ 9 Attorney for Plaintiff
l ~ /~ ~ G ~ 7ti
PROMISSORY NOTE
$92,419.88 ~ Pte. f ~ a -~ , 2007
WHEREAS, Samuel A. Turpin and Robin A. Turpin, his wife, jointly
and severally, t/a/d/b/a Flash Electric, Inc., have an unpaid account with
Yale Electric Supply Co., Inc., in the total amount of $92,419.88; and
WHEREAS, Samuel A. Turpin and Robin A. Turpin, his wife, jointly
and severally, have agreed to execute this Promissory Note;
NOW, THEREFORE, on demand after date, the undersigned
Obligors, promise to pay to the order of Yale Electric Supply Co., Inc., the
Obligee, the sum of Ninety-two Thousand Four Hundred Nineteen and
88/100 ($92,419.88) Dollars, with interest at a rate of 9% per annum,
payable in thirty-six (36) monthly installment payments commencing
S'u.~r~ l ~ vv'7
~~ ~ Ap~rit-1i,~007, as follows: thirty-five (35) monthly payments of Two
Thousand Nine Hundred Thirty-eight and 93/00 Dollars ($2,938.93)
each, and a final payment due of Two Thousand Nine Hundred Thirty-
eight and 86/100 Dollars ($2,938.86).
This note arises from a business transaction.
WITHOUT DEFALCATION, FOR VALUE RECEIVED, the undersigned hereby authorizes and
empowers any attorney of any Court of Common Pleas of Pennsylvania or any attorney of any other Court
elsewhere, or the Prothonotary or any Clerk of any Court in Pennsylvania, or elsewhere, to appear in such
Court in an appropriate action there or elsewhere brought or to be brought against the undersigned at the
suit of Obligee on this Note, with or without declaration, demand or notice filed as of any term or time
there or elsewhere to be held, and confess or enter judgment against Obligor in favor of Obligee or any
endorsee or legal holder of this Note for the exact sum which shall be the amount of the principal sum of
this Note and with any other payments and charges which should have been paid by the Obligor under the
terms of this note and with costs of suit and reasonable attorney's fees; and for so doing, this Note or a
copy thereof verified by affidavit shall be sufficient warrant, without further stay, and full release of errors,
any law, usage or custom to the contrary notwithstanding. Furthermore, the Obligor hereby waives and
releases all relief from any and all appraisement, stay or exemption laws of any state now in force or
hereafter to be passed and also waives all right and benefit of appeal and any and all proceedings to set
aside, vacate, open, suspend or reverse such judgment and any execution issued thereon, and further,
waives any right against execution on real estate which may be levied upon to collect this Note and hereby
voluntarily condemns the same.
The foregoing warrant and power to confess judgment shall not be deemed to have been exhausted
by any single exercise thereof, whether or not any such exercise shall be held by any Court to be invalid,
voidable or void, but may be exercised from time to time, as often as Obligee shall elect, until all sums
payable or that may become payable by the Obligor have been paid in full.
IN WITNESS WHEREOF, the undersigned has caused this note to be
duly executed the day and year first above written.
WITNESS:
~~ ~~
(Samuel A. u in) ~~~
~ -
N ~ ~~~_
obin A. Turpin )
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IN THE UNITED STATES BANKRUPTCY COURT FE _ Pu 3: 03
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 'U 1~ LAND CO
IN RE: CHAPTER 13
SAMUEL ALFRED TURPIN
: CASE NO. 1:11-bk-02902
aka Samuel Alfred Turpin,Jr; dba Sam .
Turpin Electric
ROBIN ANN TURPIN Cumberland COUNTY
Debtors : DOCKET# 09-774
SAMUEL ALFRED TURPIN
aka Samuel Alfred Turpin,Jr; dba Sam .
Turpin Electric
ROBIN ANN TURPIN
Movants
CERT fNED FR ',I THE 1- WM this
•
ay of Q
v. 20�.�..
Clerk, U.S. Bankruptcy Court
YALE ELECTRIC SUPPLY CO, •
Respondent ` ,` !""'
•{ Put; Cwt
ORDER
UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under
Section 522(f) of the Bankruptcy Code, it is hereby
ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is
granted, to wit, the judgment of YALE ELECTRIC SUPPLY CO in the approximate amount of
$92,419.88 entered in Cumberland County at docket number# 09-774 be and hereby is
avoided; it is further
ORDERED AND DECREED that a certified copy of this Order may be filed with the
Prothonotary of Cumberland County and and the Prothonotary is directed to terminate the
judgment in the judgment indices.
By the Court,
Dated: July 18, 2011 l
Chief Bankruptcy Judge 69 so p
(PAR, 14-7y°°l s
No yt
Case 1:11-bk-02902-MDF Doc 33 Filed 07/18/11 Entered 07/18/11 14:12:51 Desc2'4' ( (
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