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HomeMy WebLinkAbout14-5182 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL DIVISION LEZZER LUMBER, INC. A Pennsylvania corporation, Plaintiff VS. No. N —S1 STRICKLAND BROS. CONSTRUCTION LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND: and MATTHEW G. STRICKLAND individually, Defendants CONFESSION OF JUDGMENT io =- Filed on behalf of `.D cm, CD �>-- Plaintiff L W W c '� - Counsel of Record for -� this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 KUBISTA & RYAN LLP 202 South Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 (814) 765-9893 c7 L . � R� 3t©.S'81 4 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC. A Pennsylvania corporation, Plaintiff VS. No. 1 q, 5j'�'o2- STRICKLAND BROS. CONSTRUCTION LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND: and MATTHEW G. STRICKLAND individually, : Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal $ 1,621.80 Interest $ 201.33 Costs $ 196.00 Attorney's fees $ To be determined Total Amount $ 2,019.13 KUBISTA & RYAN LLP Jo R. Rya Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC. : A Pennsylvania corporation, Plaintiff VS. No. lq— ,J lc� cls-r%� TC/lam STRICKLAND BROS. CONSTRUCTION LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND and MATTHEW G. STRICKLAND individually, : Defendants COMPLAINT FOR CONFESSION OF JUDGMENT Filed on behalf of: Plaintiff Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 KUBISTA & RYAN LLP 202 S. Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC. A Pennsylvania corporation, Plaintiff vs. No. �� +e(-^ STRICKLAND BROS. CONSTRUCTION LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND: and MATTHEW G. STRICKLAND individually, : Defendants COMPLAINT FOR CONFESSION OF JUDGMENT NOW COMES, Lezzer Lumber, Inc., Plaintiff above named, and files its Complaint for Confession of Judgment pursuant to Pa.R.C.P. 2952, et seq. and avers in support thereof as follows: 1. Plaintiff is Lezzer Lumber, Inc., a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania, having an address of P.O. Box 217, Curwensville, Clearfield County, Pennsylvania, 16833. 2. Defendants are: a. Strickland Bros. Construction LLC, a Pennsylvania limited liability company, having an address of 623 Creek Road, Carlisle, Pennsylvania, 17013; b. M. Jeffrey Strickland, an individual, having an address of 623 Creek Road, Carlisle, Pennsylvania, 17013; C. Matthew G. Strickland, an individual, having an address of 11 Prickly Pear Drive, Carlisle, Pennsylvania, 17013. 3. Attached hereto as Exhibit"A" is a true and correct copy of the instrument executed by the parties upon which this action is based. 4. This Judgment is not being entered against a natural person in connection with a consumer credit transaction. 5. No prior judgment has been entered on the instrument attached hereto as Exhibit "A" in any jurisdiction. 6. Defendants have defaulted pursuant to the terms of the attached instrument in that they have failed and refused to make payment upon being billed by Plaintiff as required therein. 7. The amount due and owing to the Plaintiff as the result of said default is as follows: a. Original amount due $1,621.80 b. Interest at 18%per annum $ 201.33 C. Costs $ 196.00 d. Attorneys fees To be determined Total Amount $2,019.10 WHEREFORE, Plaintiff demands that judgment be confessed in its favor and against the Defendants for in the amount set forth hereinabove. KUBISTA & RYAN LLP Jo R. Ryan Attorney for Plaintiffs SECTION 2: CORPORATIONS/GOVERNMENT/ CHURCHES/SPORTS LEAGUES/ CIVIC ORGANIZATIONS BUSINESS INFORMATION Name of Corporation or Entity Phone Number Federal Employer Identification *06Xt,0 0,40s- CavVJW 717 22-4-q781 ZO _ /D/Z o 39 Address City State Zip G23 CRrz.X RD C4R'452 c:' 44 170/3 Name of Bonding Company Date of Inc State of Inc D 8 B# D 8 B Rating IAddress of Bonding Company Have you ever declared bankruptcy? Any unsatisfied judgments against you? OFFICER INFORMATION Name of Officer Phone Number Title Social Security No. M. JGFW Q-elewpio 71' 9so7 -y Address City State zip 423 Cmc. 1 ,00 17,013 Name of Officer Phone Number Title Social Security No. IW 4y1,kw 6. �co-Of 7.12(p- q773? Az^at - ZQs -Sb-92 76 Address City /State Zip Name of Officer Phone Number Title Social Security No. Address City State Zip Name of Officer Phone Number Title Social Security No. Address City State Zip EXHIBIT D D i SECTION 4: REFERENCES (ALL APPLICANTS MUST FULLY COMPLETE THIS SECTION) PRINCIPAL CHECKING ACCOUNT INFORMATION Name of Bank Account Number Phone Number Contact Person Address City State Zip x(77 sae ok- I 5C.A- P1"7013 PRINCIPAL LENDER INFORMATION Name of Lender Phone Number Contact Person s � 2,41b-,01f02- Jt��'�� M.4^I Address City State Zip Q 5Z$ />E 17013 Total Amount of Loans Line of Credit? If Yes,Limit? BUSINESS CREDIT REFERENCE INFORMATION Name of Supplier Phone Number Credit Limit Contact Person IM e1,14y- YS-? I I'd,/ TI Address City State Zip y/AMP-Wi ul 00-tv< Aw >J Al Name of Supplier Phone Number Credit Limit Contact Person —nV �� 00 S Address City State Zip rC// RX 1.4�3 o Name of Supplier Phone Number Credit Limit ContactPerson joti� . � .� �L 7i� 37- aY7/ 1r Address City State Zip 3442 %VPYVAJ�ft- 011' o Name of Supplier Phone Number Credit Limit Contact Person Address City State Zip SECTION 5: REQUEST FOR CREDIT- (ALL APPLICANTS MUST FULLY COMPLETE THIS SECTION) What is the estimated cost of the project? How much credit are you requesting? Tax Exempt? (If yes,attach competed epoftion cemficate) Jr 4411i7 oo OYes No Do you plan to obtain bank financing? If yes,game of Bank Name of Loan Officer OYes O No Purrchaass Orders required to charge? If No,please list names of person authorized to charge on this account C" s O No Store you are requesting credit from? b. SECTION 6: ACKNOWLEDGMENT OF CREDIT ACCOUNT AGREEMENT (ALL APPLICANTS MUST FULLY COMPLETE THIS SECTION) The undersigned parties who are engaged in business under the trade name of :5MC4�UA/O &Z-N& AJ S7'- hereby contract with Lezzer Holdings, Inc., to furnish materials and building supplies. In order to better assure �— delivery of said materials and supplies and to further secure credit therefore, the undersigned, both in their individual capacity and in their representative capacity, set forth below, do agree that, in the event payment is not otherwise made for said materials and supplies,that they will make payment therefore when it is billed to them, in an amount of the balance due. If the said account is not paid when due, the undersigned individual, and in their representative capacity, do hereby authorize the Prothonotary or an attorney of any court of record of the United States to appear therein against them for the amount then due with interest on the unpaid balance at the rate of eighteen (18%)percent per annum together with cost of suit, release of error, and with attorneys and/or collection fees, hereby waiving all right of stay of execution, inquisition an appeal and the benefit of any and all laws now or hereafter to be passed,exempting real or personal property from levy and sale on execution and also waiving the benefit of the present or any further insolvent laws of any state of the United States and of the present or any further bankruptcy law of the United States. DO NOT SIGN BELOW BEFORE YOU HAVE READ THE CREDIT ACCOUNT AGREEMENT HERETO ATTACHED TO THIS APPLICATION AND MADE A PART HEREOF. You acknowledge that you have kept a copy of the credit account agreement form LHI-702 and you agree to be bound by its terms and conditions,which are hereby incorporated by reference and made part of this application. WITNESS the signature of the parties hereto, the /1�1 ro day of 20�. INDIVIDUAL&SPOUSE SIGNATURES (SEAL) (SEAL) (SEAL) (SEAL) PARTNER&SPOUSE SIGNATURES &TITLES BY: (S EAL) TITLE BY: (SEAL) TITLE BY: (SEAL) TITLE BY: (SEAL) TITLE BY: (SEAL) TITLE BY: (SEAL) TITLE CORPORATE OFFICER SIGNATURES&TITLES BY: (SEAL) TITLE BY: (SEAL) TITLE BY: tP/ (SEAL) TITLE r, • SECTION 7: AUTHORIZATION TO OBTAIN CREDIT INFORMATION (ALL APPLICANTS MUST FULLY COMPLETE THIS SECTION) Authorization is given to Lezzer Holdings, Inc.,to obtain or exchange any information it may require relative to this application from any source, including our financial institutions and trade suppliers, and VWe authorize each source to provide Lezzer Holdings, Inc.,with such information. We further authorize that a photocopy or facsimile of this authorization be considered as valid as an original. 'Signature Da Signa ure to Signature Date Signature Date DO NOT WRITE BELOW THIS LINE For Office Use nl Appro Date Approved Account Number Type Credit Limit d ? o,6 HWo`/78 / r! Code Date b a� o& Name of Salesperson Code D e :1 t I verify that the statements made.in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. 4904, relating to unsworn falsification to authorities. LEZZER LUMBER, INC. 2 By: Tho as Yo4tosh Corporate Credit Manager I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC. A Pennsylvania corporation, Plaintiff STRICKLAND BROS. CONSTRUCTION LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND: and MATTHEW G. STRICKLAND individually, : Defendants CERTIFICATE OF RESIDENCE PURSUANT TO PA.R.C.P. 2951(a)(2)(iii) I hereby certify that the last known addresses of the above parties are as follows: Lezzer Lumber, Inc. P.O. Box 217 Curwensville, PA 16833 Strickland Bros. Construction LLC 623 Creek Road Carlisle, PA 17013 M. Jeffrey Strickland 623 Creek Road Carlisle, PA 17013 Matthew G. Strickland 11 Prickly Pear Drive Carlisle, PA 17013 KUBISTA & RYAN LLP John R. Ryan, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC. : A Pennsylvania corporation, : Plaintiff : vs. No. Gj'� g ov:" —OPK STRICKLAND BROS. CONSTRUCTION LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND: and MATTHEW G. STRICKLAND individually, ; Defendants NOTICE OF JUDGMENT To: DEFENDANTS NOTICE is given that a JUDGMENT in the above captioned matter has been entered against you in the amount of$2,019.13 on , 2014. Prot o otary ,,. aye, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., A Pennsylvania corporation Plaintiff vs. No. 14-5182 STRICKLAND BROS. CONSTRUCTION : LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND: and MATTHEW G. STRICKLAND individually, Defendants PRAECIPE TO SATISFY Filed on behalf of: Plaintiff Counsel of Record for this Party: John R. Ryan Attorney -At -Law Pa. I.D. 38739 KUBISTA & RYAN LLP 202 South Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., A Pennsylvania corporation Plaintiff vs. No. 14-5182 STRICKLAND BROS. CONSTRUCTION : LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND: and MATTHEW G. STRICKLAND individually, Defendants PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the Judgment entered in the above -captioned matter on September 4, 2014 as SATISFIED. KUBISTA & RYAN LLP John . Ryan Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY • PE Cod rt,� i, Lezzer Lumber, Inc. vs. Matthew G Strickland (et al.) Case Number 2014-5182 SHERIFF'S RETURN OF SERVICE 09/19/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this Complaint & Notice upon defendant Matthew G Strickland is returned not served per request from attorney John Ryan. 09/19/2014 10:34 AM - Ronny R Anderson, Sheriff, who being duly sworn according to law, states this Complaint & Notice upon defendant M Jeffrey Strickland is returned not served per request from attorney John Ryan. 09/19/2014 10:34 AM - Ronny R Anderson, Sheriff, who being duly sworn according to law, states this Complaint & Notice upon defendant Strickland Bros. Construction, LLC is returned not served per request from attorney John Ryan. SHERIFF COST: $60.49 SO ANSWERS, September 19, 2014 RONt S' R ANDERSON, SHERIFF (c1 ;ountySu to Sheriff, Tel ,osoft, Inc. 09/19/2014 09:52 8147659893 KIMBERLY M. KusISTA JOHN R. RYAN Associate JOSEPH A, VALP.NzA VIA FACSIMILE Cumberland County Sheriff Attention: Sherry One Courthouse Square Carlisle, PA 17013 KUBISTA&RYAN KUBISTA its RYAN LLP ATTORNEYS AT LAW 202 SOUTH FRONT STREET P.O. Box 1 CLEARFIF.T,J), PA 16830 September 19. 2014 PAGE 02/04 TELP.PHONE (814) 765-8972 FACSIMILE (814) 765-9893 Re: Lczzer Lumber, Inc. vs. Strickland Bros. Construction LLC, a Pennsylvania limited liability Company, and M. Jeffrey Strickland and Matthew G. Strickland No. 14-5182 Dear Sherry; Pursuant to our telephone conference with your office, this letter with confirm that the Judgment entered to the above term and number has been paid in full in the amount $2,019.13. I have accordingly had that Judgment marked as satisfied. This will further confirm that no further efforts are needed on behalf of your office to obtain service on any of the Defendants. Thank you for your kind cooperation. Very truly yours, KUBI TA & RYAN LLP John R. Ryan JRR/cle 09/19/2014 09:52 8147659893 KUBISTA&RYAN PAGE 03/04 TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., A Pennsylvania corporation Plaintiff vs. STRICKLAND BROS. CONSTRUCTION : LLC, a Pennsylvania limited liability Company, and M. JEFFREY STRICKLAND: and MATTHEW G. STRICKLAND Defendants No. 14-5182 PRAECIPE PRAEC1PE TO SATISFY Filed on behalf of: Plaintiff Counsel. of Record for this Party: John R. Ryan Attorney -At -Law Pa. I.D. 38739 KUBISTA & RYAN LLP 202 South Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 c: