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Home My WebLink About94-01587 ~' :.._.,. ..'l.... ., . i 9~ -/59'1 c.~;/ .:k<t..." No. Civil 19 1 ! I i l i I ! .j ~".~ /11. ~4.W- .. ....-<~ ~.-.. ~ :......, " ,I '( , , ~~p' vs. ~--~H ~~.~II. Court of Common Pleas Cumbo Co. " '., h' 1'.0:'" }"', f~' , . Ii , r l" " l:.....'l'+.,.. ''- . .r- l, ,,/ ~. . . ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION JOSEPH M. HERMAN SHOE CORPORATION plaintiff(s) No. 94-1587 CV vs. PRAECIPE TO STRIKE JUDGMENT LLOYD SMITH t/a/d/b/a LLOYD'S SHOES Defendant(s) FILED ON BEHALF OF Plaintiff (s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQ. PA 1.0. #38527 HOLLIE A. BERNSTEIN, ESQ. PA 1.0. #52664 CHRISTIAN S. OAGHIR PA 1.0. #47741 Bernstein and Bernstein,P.C. Firm #718 1133 Penn Avenue Pittsburgh. PA 15222 412-471-1270 BBRNSTBIN PILB NO. 84576 . " .... . .,....--.... r ..k-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION JOSEPH M. HERMAN SHOE CORPORATION Plaintiff vs. Civil Action No. 94-1587 CV LLOYD SMITH t/a/d/b/a LLOYD'S SHOES Defendant PRAECIPE TO STRIKE THE JUDGMENT TO THE PROTHONOTARY: By request of Plaintiff I s counsel, upon discovering that Defendant has been disch~rged of this debt at Bankruptcy Docket No. 1-93-01881 before the Default Judgment was filed. request that said Judgment be stricken from the Court record. - a...> ....:..... BERNSTEIN AND BERNSTEIN. P.C. " BY;~~~ At rney for Plai t 1133 Penn Avenue PittSburgh. PA 15222 (412) 471-1270 BBRNSTBIN FILB NO. H4576 i\.' ;4 ~' '1: , - - CXI - ... .... ~ , ,/' 6; - >->- ""... ~~ LUO~.}" ~ZO.i '_aU-c I.... =o=- -)""Z-J ,:"~ --t .,.~ ~ '" _. V'J ;)...o::::~ ...JI...I- . .' ":-JI.J ;:'Xol. ,,,:':' 0'" =-: .,z In C) ". " , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOSEPH M. HERMAN SHOE CORPORATION Plaintiff(s) No. 0/((- J~ '7 &~~.(.~ vs. COMPLAINT IN CONFESSION OF JUDGMENT LLOYD SMITH t/a/d/b/a LLOYD'S SHOES Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQ. PA 1.0. #38527 HOLLIE A. BERNSTEIN, ESQ. PA 1.0. #52664 Bernstein and Bernstein, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-471-1270 BBRNSTBIN PILB NO. H4576 ".'.'" ,. ,J.O".'. ;..~<_...,.".,:~ ~."~..~ '~ -""~')~::E':"F~:;{_~':11 ~"", . ...;:jGmr:';'_~::Jl~..-'..'?"." '. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION JOSEPH M. HERMAN SHOE CORPORATION Plaintiff(s) vs. civil Action No. LLOYD SMITH t/a/d/b/a LLOYD'S SHOES Defendant(s) COMPLAINT IN CONFESSION OF JUDGMENT 1. The Plaintiff's address is : c/o Bernstein and Bernstein, P.C., 1133 Penn Avenue, Pittsburgh. PA 15222 2. The Defendant's last known address(es) are: P.O. Box 306 Duncannon. PA 17020 3. A true and correct copy of the original instrument, being a photostatic copy of like reproduction showing signature of the Defendant is attached hereto, marked Exhibit "A". and made a part hereof. 4. There has been no assignment or transfer of the instrument. 5. Judgment has not been entered on the instrument in any jurisdiction. 6. The instrument authorizes the entry of Judgment without default of the occurrence of a condition precedent. 7. The itemization of the amount due is as follows: principal Sum . . . . . . . Interest through 3/8/~~ Attorneys' Fees (~). . . . . . . . . . . . . . . $3,019.40 $ 150.36 $ 633.95 TOTAL..... $3.803.71 . . . . . . . . . . . . . . . . . . ,. ,"."-:""'-" '-',' ,..,~",,~"'.'.'.'..'" ~."'--.,.-. ,.--.,''- ,~.~.~ ""..........,. .;......,...,,, ,'. ,~~...~:..:._,., ,,,,.\,. ,", I ,_'._~""'~ ,""'~ ~::~:~k';i:':":';-:'~'?,r, ~ " . "S;;;")I, .herebycertify....thatthe ,.'underlying transaction. fOr11ling/the,ba8~s ,..,J'c......1(;!.":.M.._'-....._":..'.'...c"._. .. ..: .'.,. . . .... ....._..- .....,...-....' : .,..' '. ,., -....:..,..,-.. :.~.':..'>.,..;--,':;.,...,.:.i'~ ofr'.t:hiB"Complaint. was a commercial transaction. ..., ,.,,' ." WHEREFORE, the plaintiff demands Judgment against the Defendant(s) in the total sum of $3,803.71. as authorized by the Warrant contained in the instrument 0 BERNSTEIN AND BERNSTEIN. PoCo ,,-:' By: Atto 113 enn Avenue Pittsburgh, PA 15222 pursuant to the authority contained in the Warrant of Attorney. the original or a copy of which is attached to this Complaint, I appear for the Defendant (s) and confess Judgment in favor of the plaintiff (s) against the Defendant(s) as follows: Principal Sum . 0 . $3.019.40 . . . . . Interest through 3/8/91/fliJR 0 $ 150.36 o' Attorneys' Fees (~) 0 . 0 . . . 0 . 0 0 . . . . . $ 633.95 TOTAL . . . . . . . . . . . . . . . . . . . . . . . $3.803.71 BERNSTEIN AND BERNSTEIN, PoCo Dated;--d&/A ,1&! ~' By: At t ney Pro 7. , t.-".--"...-;...~" -,....-'-,.-'.-.-;._ . JUDGMENT NOTE CONTAINING CONFESSION PROVISIONS Amount: $4,000.00 Date: May , 1992 For value received, LLOYD SMYTH t/a LLOYD'S SHOES, hereafter referred to as Debtor, promises to pay JOSEPH M. HERMAN SHOE CORP., hereafter referred to as creditor, on Order, the principal sum of $4,000.00 plus 10% per annum interest on said principal sum from the date of this Note until paid. This sum shall be payable at the law offices for Creditor's attorneys, Bernstein and Bernstein, P.c., these offices being located at 204 State Street, Harrisburg, Pennsylvania, 17101. Further, the total sum shall be paid in consecutive equal monthly installments of $100.00 per month and these installment payments are to be received in the Creditor's attorneys' offices no later than the 30th day of each month beginning with the 30th day of May, 1992. The $100.00 monthly installments shall continue from the initial payment through April 30, 1992; the final payment, in the amount of $2,236.69 shall be due in the Creditor's attorneys' offices no later than May 30, 1994; at which time this Note shall be fully paid. On the non-payment of any installment when due, all remaining installments shall become immediately due and payable at the option of the Creditor fifteen (15) days after Creditor's sending notice of default to Debtor via regular first class U.S. Mail to the Debtor should such default not be cured within the said fifteen (15) day period. In the event of non-payment, lack of timely cure and with E"[H~~t' (-" I\L..:.oi1 .... " " the election of the option held by Creditor, Debtor, further authorizes and empowers any attorney of any Court of Record of Pennsylvania or elsewhere to appear for and enter judgment against him for the above sum, with or without declaration,' with costs of suit, release of errors, without stay of execution, and with twenty (20%) percent added for attorney's fees for collection; Debtor also waives the right of inquisition on any real estate owned by Debtor that may be levied upon to collect this Note and does hereby voluntarily condemn the same, and authorize the Prothonotary to enter upon the writ of Execution said voluntary condemnation; and Debtor further agrees that said real estate owned by Debtor may be sold on a Writ of Execution and hereby waives and releases all relief from any and all appraisments, stay or exemption laws of any state now in force or hereafter to be passed. Witness my hand and seal the day and year just above written. <~::>~:.~(c;,-c~~ or/' _L-LOYD SMrlH /' . .' .- . . A F F I 0 A V I T COUNTY OF ;6,~~ : . . SS: . COMMONWEALTH OF PENNSYLVANIA . . On this .--9 ? f/....- day of in and n Jtl~- , 1992, for the Commonwealth of before us, a Notary public Pennsylvania, the undersigned officer, personally appeared, LLOYD SMYTH who executed the foregoing Judgment Note with confession of Judgment Provisions for the purposes therein contained by affixing his signature thereto. In witness whereof, I hereunto set my hand and official seal. .-Id. t~C~ll,;;I.:'.L ::E;,~. n....:1 I' (', F,.,~'.r\. ~.~':":'.J' rc'~:!C I'f'.,. _......10. ','.- . I,. . , . '-~"1 C'J~{::'r", ',' \ ':t~ '-'.....1. 'Comm\s!:!~:1 EAn!it;sI-lJV. 2 1992 . . .' . . VBRIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities, that~e is ~f5.??h J.j4'0Y1dfJ 5ktV ~ duly authorized to make this Verification and that /2:TT~ Plaintiff herein, that he is the facts set forth in the foregoing Complaint in Confession of Judgment are true and cqrrect to the best of his knowledge, information and belief. 1-.' f~r~ , '-' :",) >.-.. ..4.'; . cu ...:;a. ~ "::t- v-.. \ '0 ... ~ "r' i-:l ~ ~ ~ -, j"i ~~ ~ "- ~ ~ ~' ... ! ...) ~ .... 't ';~ ' ~ ~ ~ \--,\ ~ '~ <::::J ~Q c:::) ...., "" - =-= >-... "'... "z W~:l~ U:;cO;r. t::OU..-t, l_:CO::; ni.Z' .4')-.:,.... '..:-: ,_:.....fJ"t _, '.'-a:Z -'-!IJJld~ . _1;CDQ.. ,.X ....'" 0'" t 6; . :c:: .... .... .... ('I') '. '. '. .