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HomeMy WebLinkAbout00-00089 'f ~-------~-..,:::- ~- 'Y RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, , : PJ!;NNSYL VANIA v. : CIVll..ACTION -LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 2000 _ 89 PRAECIPE TO FILE VERIFICATION TO THE PROTHONOTARY: Please substitute the enclosed Verification, signed by the Plaintifl: for the verification which was filed with the Complaint in the Cumberland County Court House on January 5, 1999. Respectfully submitted, January 18, 2000 'J- __ ~--;t v RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants . . : No. 200089 : VJl:RIFICATION I, RICHARD A. JAMESON, the Plaintiffin the instant action, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that this verification is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: January Ii:) ,2000 7 . .. . RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS . : No. ~- 'if~ 4;J : CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants as follows: 1. As to Defendant Randolph G. Reese Principal Interest Attorney's Commission TOTAL 2. As to Defendant Donald E. Stevens Principal Interest Attorney's Commission TOTAL $ 10,000. $ 27,977 $ 3,797 $ 41,774 Date: January 5, 2000 $ 10,000. $ 27,977 A; 797 iJJA \j/ 1"74 , Luther E. Milspaw, Jr., Attorney LD. No. 192 130 State Street P.O. Box 946 Harrisburg, P A 17108-0946 (717) 236-0781 Attorney for Defendants , - RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 0l/lJ) - fi <( k;.J : PLAINTIFF'S COMPLAINT TO CONFESS JUDGMENT FOR MONEY Plaintiff, Richard A. Jameson, by and through his attorney, Luther E. MiIspaw, Jr., Esquire, hereby files a complaint to confess judgment against the Defendants herein and in support thereof avers as follows: 1. Plaintiff, Richard A. Jameson is an adult individual with an address of500 L Street, Suite 501, Anchorage, Alaska 99501. 2. Defendant, Randolph G. Reese, is and adult individual with an address of 10 Stover Drive, Carlisle, PA 17013-0978. 3. Defendant, Donald E. Stevens, is an adult individual with an address of 10 Stover Drive, Carlisle, PA 17013-0978. 4. Plaintiff seeks a judgment that is not connected with a consumer credit transaction. COUNT I RICHARD A. JAMESON v. RANDOLPH G. REESE 5. Plaintiff incorporates, by reference, the averments of paragraphs 1 through 4 above as if same were fully set forth herein at length. I 6 On January 14, 1986, Defendant, Randolph G. Reese, as Maker, executed, made and delivered to Plaintiff as Payee, a Note in the principal sum ofTen Thousand Dollars ($10,000.00), which note contained a cognovit or confession of judgment provision in favor of Plaintiff. A true and correct copy of the original of said Note is attached hereto and marked lIS Exhibit "A:'. 7. The Note contains a cognovit provision which reads as follows: "The Undersigned hereby empowers any Prothonotary, clerk or attorney of any court of record within the United States or elsewhere to appear for the Undersigned and, with or without declaration, to confess judgment at any time or times against each or all of the Undersigned and in favor of the holder hereof for the above sum and interest thereon from the date hereof, with costs of suit and an attorney's commission of 10% for collection. The Undersigned hereby releases all errors and expressly waives all rights to any stay of execution, sequestration of rents and option of any property from levy and sale of execution under any law or rule of court now in force or hereafter enacted. All of the foregoing promises are the joint and several promises of the Undersigned, heirs, personal representatives, successors and assigns. The Undersigned and all endorsers waive protest, demand and notice of nonpayment of this note." 8. Pursuant to the terms of said Note, the principal balance ofTen Thousand Dollars ($10,000), plus interest at the rate ofTen Percent (10%) per annum, from January 14, 1986, was due to be paid to Plaintiff on January 14, 1996. 9. Despite demands for payment Plaintiff, said payment of the balance due under the Note has not been made and Defendant, Randolph G. Reese, has refused to satisfY this obligation. 10. As of December 31,1999, Plaintiff's itemized calculations ofthe amount due are as follows: YEAR PRINCIPAL INTEREST $ 1,000 TOTAL 1986 $ 10,000 $ 11,000 1987 $ 11,000 $ 12,100 $ 1,100 $ 12,100 $ 13,310 1988 $ 1,210 2 YEAR PRINCIPAL ~REST TOTAL 1989 $ 13,310 $ 1,331 $ 14, 641 1990 $ 14,641 $ 1,464 $ 16,105 1991 $ 16,105 $ 1,611 $ 17,716 1992 $ 17,716 $ 1,772 $ 19,488 1993 $ 19,488 $ 1,949 $ 21,437 1994 $ 21,437 $ 2,144 $ 23,581 1995 $ 23,581 $ 2,358 $ 25,939 1996 $ 25,939 $ 2,594 $ 28,533 1997 $ 28,533 $ 2,853 $ 31,386 1998 $ 31,386 $ 3,139 $ 34,525 1999 $ 34,525 $ 3,452 $ 37,977 11. Defendant, Randolph G. Reese, is in default of the agreement of January 14, 1986. 12. All conditions precedent to the commencement of this proceeding have be met. 13. The attached instruments have not been assigned. 14. Ajudgement has not been entered on the attached instruments in any jurisdiction. WHEREFORE, Plaintiff; Richard A. Jameson, respectfully requests this Honorable Court enter Judgment in his favor and against defendant Randolph G. Reese in the amount of Thirty seven Thousand Nine Hundred Seventy Seven Dollars and No Cents ($37,977) plus interest at the agreed rate ofTen Percent (10%) per annum from January 1, 2000, until said obligation is satisfied, plus all costs of suit and reasonable attorney fees. 3 COUNT n RICHARD A. JAMESON v. DONALD E. STEVENS 15. Plaintiff incorporates. by reference, the averments of para graphs 1 through 14 above as if same were fully set forth herein at length. 16. On January 14, 1986, Defendant, Donald E. Stevens, as Maker, executed, made and delivered to Plaintiff as Payee, a Note in the principal sum ofTen Thousand Dollars$lO,OOO.OO, which note contained a cognovit or confession of judgment provision in favor ofplaintiff. A true and correct copy of the original of s.aid Note is attached hereto and marked as Exhibit "8", 17. The Note contains a cognovit provision which reads as follows: "The Undersigned hereby empowers any Prothonotary, clerk or attorney of any court of record within the United States or elsewhere to appear for the Undersigned and, with or without declaration, to confess judgment at any time or times against each or all of the Undersigned and in favor of the holder hereof for the above sum and interest thereon from the date hereof, with costs of suit and an attorney's commission of 1 0% for collection. The Undersigned hereby releases all errors and expressly waives all rights to any stay of execution, sequestration of rents and option of any property from levy and sale of execution under any law or rule of court now in force or hereafter enacted. All of the foregoing promises are the joint and several promises of the Undersigned, heirs, personal representatives, successors and assigns. The Undersigned and all endorsers waive protest, demand and notice of nonpayment of this note." 18. Pursuant to the terms of said Note, the principal balance ofTen Thousand Dollars ($10,000), plus interest at the rate ofTen Percent (10%) per annum, from January 14, 1986, was due to be paid to Plaintiff on January 14, 1996. 19. Despite demands for payment Plaintiff, said payment of the balance due under the Note has not been made and Defendant, Donald E. Stevens, has refused to satisfY this obligation. 4 20. As of December 31, 1999, Plaintiff's itemized calculations of the amount due are as follows: YEAR 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 11. 12. 13. INTEREST TOTAL $ 1,000 $ 11,000 $ 1,100 $ 12,100 $ 1,210 $ 13,310 $ 1,331 $ 14,641 $ 1,464 $ 16,105 $ 1,611 $ 17,716 $ 1,772 $ 19,488 $ 1,949 $ 21,437 $ 2,144 $ 23,581 $ 2,358 $ 25,939 $ 2,594 $ 28,533 $ 2,853 $ 31,386 $ 3,139 $ 34,525 $ 3,452 $ 37,977 PRINCIPAL $ 10,000 $ 11,000 $ 12,100 $ 13,310 $ 14,641 $ 16,105' $ 17,716 $ 19,488 $ 21,437 $ 23,581 $ 25,939 $ 28,533 $ 31,386 $ 34,525 Defendant, Donald E. Stevens, is in default of the agreement of January 14, 1986. All conditions precedent to the commencement of this proceeding have be met. The attached instruments have not been assigned. 5 14. Ajudgement has not been entered on the attached instruments in any jurisdiction. WHEREFORE, Plaintiff; Richard A. Jameson, respectfully requests this Honorable Court enter Judgment in his favor and against defendant Donald E. Stevens in the amount of Thirty seven Thousand Nine Hundred Seventy Seven Dollars and No Cents ($37,977) plus interest at the agreed rate ofTen Percent (10"/0) per annum from January 1, 2000, until said obligation is satisfied, plus all costs of suit and reasonable attorney fees. Respectfully submitted, DATE: January 5, 2000 uther R Milspaw, Jr., squire 130 State Street, P.O. Bo 946 Harrisburg, PA 17108-09 6 AttorneyI.D. # 19226 Attorney for Plaintiff 6 RICHARD A. JAMESON Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : : CIVIL ACTION - LAW RANDOLPH G. REESE : and : No. DONALD E. STEVENS : Defendants VERlFICA nON I, Lnther E. Milspaw, Jr., Esqnire, attorney for RICHARD A. JAMESON, the Plaintiff in the instant action, being duly sworn according to law, deposes and says that the Plaintiffis outside the jurisdiction of the court and his original verification cannot be obtained with the time aIlowed for the filing of the Complaint; that the facts set forth in the foregoing Complaint are true and correct to the best of the Plaintitp s knowledge, information and belief, all as related to the undersigned by Plaintiff, that an original verification shall be obtained from the Plaintiff as soon as possible and filed with the Court; and that the undersigned understands that this verification is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifi ation to authori . s. . DATE: January 5, 2000 7 . . / $ / t$ ~UJ . .~ . : ~ Due . .i~"'/~~ If~:,- fi-,.L.f:~ ;.Sj'~~erntL . ',:tt:e <)~dF'r o(~~e:z~d A~ <J~~e;~';,,'.': ,~ -... 'J/. n...~k,.., -- . 1?~~IIl:SY t"<tn_...- . " -~a llnUC;c:j:i.grll:d [lrcmise.(s) to pay lu lhe thu :nm of.. 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JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS : : No. d}.!'W ~ '??7' : NOTICE OF ENTRY OF JUDGMENT To: Randolph G. Reese Donald E. Stevens 10 Stover Drive Carlisle, PA 17013-0978. You are hereby notified that on January 5, 2000, Judgment was entered against each of you in the sum of$ $ 41,774 in the above captioned case. Date: January 5, 2000 ISI ~' ..e. ~ Prothonotary /.re L- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administer Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Res Date: January 5, 2000 BY Lu er R Milspaw, Jr., Esq e Attorney ID. No. 19226 130 State Street P.O, Box 946 Harrisburg. PA 17108-0946 (717) 236-0781 .;j...~ RICHARD A. JAMESON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 2000 - 89 P~CIPETOmLEVEruooCATION TO THE PROTHONOTARY: Please substitute the enclosed Verification, signed by the Plaintiff; for the verification which was filed with the Complaint in the Cumberland County Court House on February 17, 2000, Respectfully submitted, February 28, 2000 RE ". -"'~~ RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, :PENNSYLV ANIA v. : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 2000 - 89 VERlFICA TION I, RICHARD A. JAMESON, the Plaintiff in the instant action, being duly sworn accoramg to law, deposes and says that the facts set forth in the foregoing Plaintiff's Answer to Petition To Open Judgment Entered by Confession are true and correct to the best of my knowledge, information and belief The undersigned understands that this verification is made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. DATE:-z.(i3!Dll ~e~ r --,-;. '< _'It' _. ~. . RICHARD A. JAMESON Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 2000 - 89 CERTIFICATE OF SERVICE AND NOW, this 28th day of February, 2000, I, Luther E, Milspaw, Jr" Esquire, hereby certifY that I this day served the foregoing Verification, by depositing the same in the U. S, mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, P A 17101 ~SPAW & BESHORE oj LP_ ~ !it1../..yv- ~ Elizabeth M. Gable Legal Assistant to Luther E. Milspaw, Jr. February 28, 2000 ~- ""- ..,..----..... . , RICHARD A. JAMESON, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RANDOLPH G. REESE and DONALD E, STEVENS, DEFENDANTS/PETITIONERS 00-0089 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of February, 2000, upon consideration of the foregoing petition, IT IS ORDERED: (1) A Rule is issued against respondent, Richard A. Jameson, to show cause why the petition to open judgment entered by confession should not be granted. (2) Respondent shall file an answer to the petition within fifteen (15) days of service. (3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7. (4) Any depositions shall be completed within thirty-five (35) days of service. (5) Briefs shall be filed in chambers and argument shall be held on Wednesday, March 22, 2000, at 9:00 a.m" in Courtroom No. II of the Cumberland County Courthouse, (6) Notice of the entry of this order shall be provided to all parties by petitioner. (7) All proceedings shall stay pending further .<:"9Trt. sy't"l1e Co.utt/ Edgar B. ~ ,f-3-() 0 RK3 j ) . -~.. Luther E. Milspaw, Jr., Esquire For Plaintiff/Respondent Lawrence J. Neary, Esquire For Defendants/Petitioners :saa -2- , , r .., ;~ 0 -,,' d RICHARD A. JAMESON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants No. 2000-89 PETITION TO OPEN JUDGMENT ENTERED BY CONFESSION AND NOW COMES the Petitioners, by their attorney, Lawrence J. Neary who respectfully represents as follows: 1, The Petitioners, Randolph G, Reese and Donald E. Stevens, are the Defendants in the above captioned action, 2. Judgement was entered against the Petitioners pursuant to a confession of judgment on January 5, 2000 authorized by a warrant of attorney contained in Promissory Note dated January 14, 1986 between the P_laintiff and each individual Defendant in the amount of $10,000.00. Copies of said notes are attached as Exhibit A and B to the Complaint in Confession of Judgment. 3, The Defendants, individually and jointly, contend they are not obligated to the Plaintiff in the amount set forth in the confessed judgment but in a lesser amount as set forth below and thus should be permitted to open said judgment and be allowed to enter a defense to the amount of said judgment. , , v 4, Plaintiff, Richard A. Jameson, and all times relevant hereto, was an attorney licensed to practice law in the state of Pennsylvania with an office located in Harrisburg, Pennsylvania, 5, The Plaintiff, in the early 1980s, represented the Defendants in a fire loss case on a contingency fee basis and in relation to the formation of Cumberland Woodcraft Company, a partnership and also a corporation known as Cumberland Woodcraft Company, Inc, and a related entity known as Cumberland International, Inc.. 6, In exchange for services rendered regarding the formation of said business entities and pursuant and to a Shareholder Agreement executed between the parties, Plaintiff received outstanding shares of stock in Cumberland International, Inc. along with the accountant who also performed services and received a similar amount of stock. 7, The business line undertaken by Cumberland International, Inc, ultimately was unsuccessful and that entity is no longer in business. 8. Pursuant to a refinancing that took place in September of 1985, one of the conditions imposed was that the Plaintiffs and the accountant's outstanding shares in Cumberland International, Inc, had to be bought out. 9. This was accomplished by way of telegram from the Plaintiff, who by then had relocated to Alaska, along with a certification signed by the Defendants, a copy of which is attached hereto and marked Exhibit A which confirms that the Plaintiff agreed to sell his stock in Cumberland International, Inc, in exchange for a $5,000,00 2 T Promissory Note with interest at the rate of 10 percent. By this point, the Plaintiff was performing no other additional legal services for the Defendants and no additional bills were submitted for any legal services. 10, Thereafter, Plaintiff, to effectuate the agreement set forth in the telegram, prepared and submitted to the Defendants the notes which are attached to the Confession of Judgment Complaint. 11. Plaintiff, still acting in the role of the attorney-client, advised the Defendants that the amount, Le, $5,000,00 had to be doubled to protect the Plaintiff in the event that one of the Defendants died and was unable to pay the note, 12. There was no additional consideration that exchanged hands at the time the notes were signed by the Defendants, there had been no change in terms of the agreed upon buyout of the Plaintiff's shares his stock, nor had any additional legal services been performed by the Plaintiff on behalf of the Defendants for which any charges that would have accured. 13. The Defendants have no objection to the stated interest rate or the due date for payment set forth in the notes. 14, Thereafter, Plaintiff purchased from Cumberland Woodcraft, Inc., a corporation solely owned by the Defendants, in March 1988, a certain custom made bar for a total price $11,540,22 for which the Plaintiff paid $7,694,22 leaving a balance due 3 of $3,846.00 which represented a credit given which was to be applied toward the outstanding balance for legal fees, The invoice reflecting this transaction is attached hereto and marked Exhibit B, 15, Thereafter, there was no further communication between the parties regarding this matter until a demand was made for payment by the Plaintiff on March 21, 1996, as per the attached letter and calculations which are attached hereto and marked Exhibit C in which the Plaintiff acknowledged a credit $3,0000,00 which he divided between both parties and applied as a credit in year 4 of the note which would have been 1990. 16, The Plaintiff, in the Confession of Judgment Complaint, in paragraph 10, fails to include in his calculations the previous admission of the credit in the amount of $3,000,00 which Defendants contend should have been in the amount of $3,846,00, 17. Thereafter, correspondence was exchanged between Plaintiffs and Defendants' attorneys dated February 26, 1997, March 18, 1997 and March 26, 1997, copies of which are attached hereto and marked Exhibit C and which included, attached to the Defendants' attorney's letter dated February 26, 1997 a summary of calculations which reflected the balance due as of March 3, 1997 was $3,208.67 and payment of that amount had been offered, 18. Plaintiff, despite having been requested by correspondence directed to his counsel, has not forwarded any evidence of any outstanding bill for legal services in the amount $20,000,00 or any other amount. 4 19. Defendants submit that the terms of the notes do not provide for compound interest and the absence of any such expressed provision precludes the calculation of interest in said manner. WHEREFORE, Defendants request that a Rule be directed to the Plaintiff to show cause why the judgment entered by the confession in the above captioned action should not be opened and the Defendants be allowed to enter a defense and why all proceedings on said judgment should not stay pending the disposition of this Petition, Date: 1/.9 b / d 000 I I Respectfully Submitted, 5 VERIFICA nON I, Randolph G. Reese and Donald E. Stevens, verify that the statements made in the attached Petition to Open Judgment Entered by Confession are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities, Date: 14 7/tPO I ... .~~/4,Ji4L Ra'n o/ph G. R sa . tlbta1J2~ Donald E. Stevens Date: /. ,:).5- 00 CERTIFICA TE OF SERVICE I, Lawrence J, Neary, Esquire, attorney for the Defendants, hereby certify that I have on the date shown below served a copy of the foregoing Petition to Open Judgment Entered by Confession to the person(s) and in the manner indicated below: UNITED STATES FIRST CLASS MAil, POSTAGE PREPAiD Luther E, Milspaw, Jr., Esquire P,O, Box 946 Harrisburg, PA 17108-0946 Respectfully Submitted, Date: t! d. 7/:+000 f I - :;--'-~":''':':~::~~;-. ',,'-' . HGA0a7(1154)(4-0163S0S25~)PD Ies I?~R'~JCZ CSt' 2065654947 TDRN SNOHOMISH WA 19 ... PMS LARRY NEARY ATTORNEY AFLA'i, 108 IJALNUT 5T HARRISBURG' PA 17108 I 'II ILL SELL MY STOCK 09>~~Yg5 1152 '. ~~~;~:~- : .~~~:t.~:~t:. , ~.; , -',. '4," ':~J:';':',: ' .;~ .: EST,;~C "~/~~'~5'~~:: . , . .>:}~~l:~ ~::. .....;:.. ..... . ~ ~ , . 09-09,,1 152A " ~. - ~".:', ' D. R :,:-~:i". ~ ,'. : L ,-:..;. '.,.. ';:;',.'. ,.'. '.: " PAYABLE BY PROMISSORY RICHARD A JAMESON NNNN IN CUMBERLAND NOTE BEAR ING INTERNATIONAL, INC., 10 PERCENT INTEREST. FOR $5,000 ",". ~:' !., '. ' ">~..' .- ~ '.... : " ~'" . .:-..... ;', .......,-" "-'.';.;0..- . ~,-. :.-....:.: '. . . " . W.L:. U01.S.':: {FlS-B~ 'C'-'., "", . .' . .' ..' .."of'. .. . .': ....-. ....- .-. ~ -< '. ~ ~:"~;:~~.;.:~,~;i:.~/?~:..:~ ". .' .', ";'~~;~:\~:.""/::':-::: . ~..;.;. '..:'.,..!;,..;.;',...'...._... " ., ". .. 0<,', ." <,; .. - ':; -'. "'.:,,~, " ... .::~,:;;;i,;i:;:;~;~::::;::.,.~:'::;:>:};i;~~~~{,-:".}:,~~" ';:':'>';~'~;" .' ....'.... .'. .'."-:." ,.. "' .:;.' ,'. . " .', .......-..,..... . ._".:_..- :.__u . - '-'.. :. ~' . >:~?X~:~~ :;X~~~J(::~ .~~(~~,:._. ::.::i:~'. ~::>~ .~'~~~~~ ;~..: ::., '-.' ..'.,.. .."': ~ ...' ,.\ -\~ -' " .... ....- .".' ' . > :~~;.', ~. '.' , " ;'~". . . ... .... ", ~':-, '.: ::-.: " :. . . ,,' ---- "'... ". .',' . .'-" .rO_' ., ~ .... '. ":. .:-..:'. .... .,;\:'~;..>..' t(Q)~1f ~,,~:C~, c~ {~~~~'~'~,.~:~:jJtl~~~~:, "';:. .- ---~-",....,.""..,... -:_,"~j~.-f--' . -',-~""l~~~~:-' - '- . ,~,^,-..H, ;,:;~/"""~"'~C" ~':'~?{~?! C: _- --<~~:;t;~:. 'i':-t~~ -. ~~ <~'~.-:...'-:" ~ C E R T I FIe A .. I 0 K The undersigned hereto, 2.5 officers of Cumberland lncernational~ Inc._, do hereby certify that C~b~rland Intern~tional, Inc. has repurchased One Thousand One Hundred (1,100) sha.res of stock in Cu:nbe!:.land International, Inc. formerly owned by Ronald L. Felty for the consideration of a Promis- sory Note in the amount of Five Thousand Dollars ($5,000.00) with interest at the rate of ten percent (10%) and that said shares of stock are currently being held es treasury stock by C1.ll::Lbe1;land International, Inc. Cu'ffiERL&~D INTEP~ATIONAL. INC. DATE: ~/;v/15 ?1()~ c:- I ( . EY: _ ;U>ut~~x/tal#~'0 DONALD E. STEVENS DATE: BY; '- ;.. .,... CCQ)~V I NC- SOLD TO::.. . RICHARD JAt1f:SON : .~~"2~~~~~10F~~?@;CU~.BE RL AND;:; WO,ODCRAFT .. " . P.o. D~aWGr609 'p.. INVOICE Carlisle, PA 17013 ___ (717) 2.(3-0063 ~, ~~;2' -.~_.1':-J ~>/ PAGE.003 - PLEASE REFER TO "THIS NO. WHEN . REMITTING PAYMENT ,J-I03614ioJ pURCHASE ORC. NO.- QUOTE CATE OROER FlEe'c. ('2/03/88 129 ALLENDALE WAY (Cory -SHIP TO: RICHARD JAMESON HARRISBURG PA 17110 129 ALLENDALE WAY HARRISBURG PA 1('110 .~Nf5~;j~~a~~~~:: ':"~ '~6Eb~6~;;:~?~~~~~~~~'F.ii~~~~.~~;g~~ :efdB.~~~~~~~~~~:~~~@~~~~k~~~iS~ CARUSLE, PA. .'"C,,\'1''''''t~'iii''' U .~t;~"" .:~~~ :;.~'fl~~~~~~~4~~~~~~::[~~;0&.~j~1!~~~~~~~~~~~~~~~~ ~lim.:~' '~jJ+~~~~.Ui!~~~~~~- '-;::O~'!:";". 1, 1 CUSTOM PER QUOTE ClISTOM PER QUOTE BAR 389'>.50 3899.50 1 1 BACK BAR 6987..50 6987.50 LESS DEPOS IT BALANCE DUE I') ? \~~Co . J',K, ~ ~\'\ ~ "'. 10887 ~OC<- '. ... TOTAL PRICE OF MERCHANDISE PA'SALES TAX TOTAL INVOICE AMOUNT 65_3 ~ 22 $11540..2.2 I IF YOU HAVEN'T RECE~VED OUR NEW CATALOG PLEASE CONTACT US - ~846 ~(\ ~<:~!~.:~ ----- -. " . '. :..:: : . ,:.' ~"~~?i'~. ':-,": ,-::':. '':';. '.~;;; ':~::':"-::....-.' - .-....---..~:::-::~:~: ::~/:: '~~~:'_.-' .7=:-::::.-; ;:'.: :"r.~-;.i-.'~....:'-:': .. . n ", ~ ,Ser.vice Charge of' 1'" % Per Hont'h Wi 11 ,Be Ad ed.' to 'A.11 ,Unp~id Ba1~nces A.fter 80 Day> CAUTION,..OVERHEAD PRODUCTS MAy'.BE DANGEROUS IF NOT PROPEIlLV INSTALLEO. ewe CAN NOT /IE H!;LD RESPONSIBLE FOR FAUl TV INSTALLATION. .. ~ . , lltw&e yo<t. F,ILE -, --. -~ .- - .,., . , '~...~.41: ,,-~ ~- ~ ., ., .."", ."='~ . . " .-.. " _.- ..".,',1...;. .. .:"- ~ - , RICHARD A. . JAMEsoN & ASSOCIATES . ATTO~ AT LAW 500 L STIlttT. SUITE SlU A1'lCIIORhcE, AlASKA 99S01 TELEPftONJ: . - C<107) %72.0)77 FA" , (907) :11;2-9)19 . ' ,". Mareh21.1996 ':: , . . ,ui Lor;:VST STltF.F.T . R"._RlSDGIl7; P,t~~S~'L'',i~,,", 1?IOI T."","qm ~."_ FAX~"~17'.;'ll~ . 'O,F' c;oL'SflEL -LF.\ii~:'FlSf(.ItlS~ SIl:DRA:-';.Ii 'BE&.\fr\.S .3#J 'W^L.~L,.S:ntEi:r. Si.~nT. 600 .' , ....P.~lJ,.ADELfHJ.... p~.191~ '. ~;' ..:mSf$091.t500' .:. " : ::I-'.:~~ 'C21,~) 59~~pt .- - , .. ','. ~ , ',:' ;~.>:{,;~ ',;.<'.:.. ,,:., :." , ',"" .~. ..",' , """'-.. 'Rand 'Reese ' .. y, . _"r . Don StevenS' :-.'."". : :<~::-:. de': ~berliuid W~9a~COmpl!n~ P:O. Bo,. 609 ." "':. ... Carlisl.; PA 17013-~09 '. ':'.~: .l< .:'" , ~,...~ :.-. ' . ',. :' "," .' ,~ :' Gentlemen: notes. 'Kindly consider this letter a request for payment under the terms of th~ attached' ....- Th.e l;\II1oulI1: due is: . ~-,". . Randy Reese Ncii~'~ $23,278.00JPrincipal & Interest) Don Stevens Note .: $23.278.00 (principal & Interest) t..' Total $46,556.00* Pleas.e make plI;yment to. myself at the above address at your earliest cdnvenience;.' 1 hope tha!al1 has gone weIi for you over the years, ::-, . ..:?Z2-e '.. Richard A. Jameson .. See attached interest calculation which is applicable to ea<:h note. Also, r split the $3,000.00 credit you had equally betWeen the two (2) notes. . -0:> . '~ ...~ :-.. ..... ,'. . '.' " , SIT0 . ."IOlt;! d L~t;!~~aOOM aNt;!,~."IaWn~ WO~d ?0:0l L6, sa 833 ,,~ .:.~-=.~'?~~-,. - ~-=- =--' , .~- ..,-..' , :/ .-,~- . " '<(> :-,;..--=:~,: '. - S0U . 39tJd .:c;:~f~~~"i::~r;:'i;?~~~~~~~; ~':~~~i~~~t(:~~'~'~,t~2~_~ L ',. -' . - "' - - -;-''',! .--". , .. '. '. . :.._;.." ~~tJ~~aOOM aNtJl~3aWn~ WO~~ . - '-''- .~- -'-:-!~_ n., .. ~ -, =- , .' . ~0:01 L6, 8Z a3~ ,.c <cc~ \~ LAW OFACES CONNELLY, REID & SPADE 108 . 112 WALNUT STREET . 'P. O. Box 963 HARRISBURG. PENNSYLVANIA 17108 JOHN J. CONNELLY, JR. JAMES E.- REID, JR. JAMES F. SPADE LAWRENCEJ. NEARY JOHN F. LYONS Andrew Rochester, Esquire McLafferty, Cohen & Stein 1515 Locust Street/3rd Floor Philadelphia, PA 19102 March 26, 1997 , ~.:".-.. \f) TELEPHONE. (717) 138.477~ TELECOPIER (717) 238-4793 FILE NO.840368 RE: Cumberland International, Inc./Richard A. Jameson Dear Andrew: I hereby acknowledge receipt of your letter dated March 18,1997 which I have reviewed with my clients. Apparently, Mr. Jameson is forgetting that he signed a Shareholder Agreementdated March 9, 1983, whereby any fees for legal services were waived in exchange for the issuance of stock in Cumberland International, Inc. He may also have forgotten his quote in his deposition, "The moral of the story is, never take stock as an attorney for a job". In this deposition, he reiterates the agreement where he received stock in lieu of payment for his services. The accountant, Ron Felty, was working under the same. arrangement. My clients are unaware of any other legal services that were performed other than in relation to the fire suit for which he was paid at the time of settlement, We are unaware of anycoriespondence, bills, etc., which would substantiate the existence of, or any discussions, regarding the alleged balance of $20,000.00 for legal fees. Our offer to resolve this matter as set forth in my previous letter dated February 26, 1997 remains appropriate under the circumstances. LJN/lmk cc: Randolph G. Reese. Donald E. Stevens Very truly yours, ;;L~"ry " " ,- C'RAlGA. COHEN LAWRE...,\;,CE M. STEIN'" DAVID P. McLAFFERTY ANDREW L. ROCHESTER.6. M::fCHAELF. BRADLEY -ALSO ADMIITED IS NEW JERSEY AND TIlE DISlRICT OF COI.UMBLO\ 'ALSO ADMTITED IN NEw JERsEy Lawrence J. Neary, Esquire Connelly, Reid & Spade 1 08-112 Walnut Street P.O.-Box 963 Harrisburg, PA 17108 "<j) . ~ - - t:ifJ. '" \\.W McLAFFERTY, COHEN & STEIN ATIORNEYS AT LAw 1515 LocuST S'rREET. THIRD FLooR I'HILADELPIlIA. PA 19102 NEW JERSEY OFFICE (215) 772-9700 FAX (215) 772.971fJ 22 ALPHA AVENUE VOORHEES, NJ 08043 . (609) 587.2623 March 18, 1997 RE: Randy Reese and Don Stevens Dear Mr. Neary: This letter is to confirm receipt of your correspondence dated February 26, 1997, I have forwarded a copy of same to my client Richard Jameson, Esquire. This letter is to serve as our response thereto, Apparently, the sum owed by your client's to Mr. Jameson totaled approximately $25,000.00, $5,000.00 was owed for the Cumberland IntemathnaI stock and approximately $20,000.00 was owed for services rendered by Mr. Jameson. Mr. Jameson indicated that the two $10,000.00 notes represented an agreed upon compromise of both sums due and payable, The two individual notes were executed so that both Mr. Reese and Mr. Stevens would be indIvidually responsible for half of the compromised sum of $20,000.00. As such, it remains our position that the total principal due is approximately $20,OOO.OQ, Please discuss this matter with your clients to determine if their recollection of events differs. If your clients wish to make a settlement offer, I will pass it along to my client. If you have any questions, plea~e do not hesitate to calL ALR:mac t ---'"--~--'-. ---" . "f'"iA .. .'.lJlJ , ~." ~ , . - ..~:~:t-~-., :f~"', .__::i"'/f:~--" LAwomcES JOHN J. CONNELLY. JR, JAMES E. REID, JR, JAMPS F. SPADE LAWRENCEJ. NEARY JOHN F. LYONS CONNELLY, REID & SPADE 108 - .112 WALNUT STREET . P. O. BOX 963 HARRISBURG, PENNSYLVANIA 17108 TELEPHONE (117) 238.4776 TELECOPIER (717) 238.4793 FILE NO,840368 February 26, 1997 Andrew Rochester, Esquire McLafferty, Cohen & Stein 1515 Locust Street 3rd Floor Philadelphia, P A 19102 RE: Cumberland International, Inc.lRichard A. Jameson Dear Andrew: Following our conversation,} had an opportunity to review in more detail the seCJ.uence of events leading to the Judgment Note signed by Randy Reese and Don Stevens. The history of this matter dates back to construction financing with Mellon Bank in September of 1985 whereby one of the conditions of the commitment was that the shares owned by Richard Jameson and Ron Felty in Cumberland International, Inc., had to be bought out by the Corporation. The commitment limited the buy-out to a total of $10,000.00. At closing, we presented to the bank a Certification regarding the Felty buy-out and the Jameson buy-out, copies of which are enclosed for your review. As you will note, we received a telegram from Mr. Jameson confirming his buy-out for the sum of $s,ood.oo. Iwas involved and represented the parties in that refinancing and presented that Certification to Mellon Bank. . Thereafter, in January of 1986, Mr. Jameson forwarded the notes, each in the amount of $10,000.00, for the two principals to sign. They were apparently sent directly to my clients. Representations were made by Mr. Jameson, who at the_time was still representing these parties, that the amount of the note had to be doubled, in the event that, one of the parties died. Apparently, the parties lost sight of the fact that the total amount of the obligation was in fact $5,000.00 secured by a note signed by each of the principals, such that they were each liable for the full amount. Thereafter, various items were sold to Mr. Jameson pursuant to an invoice dated February 3, 1988 wherein the payment of the deposit was considered to be the rep~yment on the outstanding obligation. A copy of that invoice is enclosed for your revIew. . ..,-;-~:<:.,,~O';'~~~~~~ ,'-' -~.-., ./_-~~~~~~~:,~~~..~~~_.- .:~. ~ -~ ~ -~- ,''',''n~"5...."",~",.... . '-.- ~"3-~...-..;tfr:-";.~'-;,,-~:,:::-~o_-_~ ,-,.'!.~..~,:,. ' ;' -"-...;~.~-,,::~;:;:?=::~,,,-~~-: _..~., ,-.- .J:'age2 - - -~f ?<Il~"'I""~ -, . " ",~-- '--2~~~~~~_::~:,' . Thus, with an amount owed of $5,000.00, I have prepared the interest calculations at 10% reflecting the credit that was made in February of 1988 through the present. The total balance due is $3,208.67. Compound interest would not be warranted since it was not included in the note and in the absence of that notation, the simple interest would be appropriate. Thus, it would appear that the balance due, including interest through March 3, 1997 would be $3,208.67 which my clients are willing to pay to resolve this matter. If you have any other documentation that would support an obligation of . $10,000.00 other than the representation regarding the doubling of the amount for security purposes, then please provide it to my attention. Also, if there are checks for payment on the bar which would reflect otherwise than what has been represented above, please also provide those to our attention. For your information, a similar exchange of goods for credit against debts was provided to Ron Felty to satisfy the similar obligation owed to him on the purchase of the stock. I will await your reply. I.JN/lmk enclosures cc: Randolph G. Reese Donald E, Stevens Very truly yours, '1 ....-; ~ .~. . -- - - -~~;~;-;,~~~::':::::.;'"?~ '.-. _ ::':;~~;',:"L;.:::~' ~~,"::~~:,. " t.-, " ... ~ INTEREST CALCULATIONS (10%) Principal Period Interest $5,000.00 1/14/86 - 2/3/88 $ 527.40 Amount Due: $5,527.40 Less Credit: $3.846,00 Remaining Principal Balance: $1,681.40 $1,681.40 2/3/88 - 3/3/97 $1.527.27 Total Balance Due: $3,208,67 FllEf)~Qi'F!CE 0- -I ,> ~ ~O.I1-'O"JTARY ,.. ;.' (". ~ ,t ~ ~ [., j . I ,'~ , ,_ I., ~ . 00 FEB " I PM 2: II~ . CUM5E.RLNiD CCUNTY PENhSY[)/ANiA . , I. : , RICHARD A. JAMESON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 2000 - 89 ANSWER TO PETITION TO OPEN JUDGMENT ENTERED BY CONFESSION NOW COMES the Plaintiff; by his attorney Luther E. Milspaw, Jr., Esquire, and files this Answer to the Petition of Defendants to Open Judgment Entered by Confession, as follows: 1. Admitted. 2. Admitted. 3. Denied, The averments of Paragraph 3 contain no aIlegations offact, only conclusions oflaw, to which no response is required, 4. Admitted. 5, Denied. The representation by Plaintiff of Defendants in connection with said fire loss is unrelated to and has no connection with the obligation of Defendants as represented in the - ..Promissory Notes upon which the Judgment was confessed by Plaintiff. Further, the extent of Plaintiff's representation of Defendants for the fire loss as referred to and alleged in Paragraph 5, was as set forth in a written contingency fee agreement which was executed at the time between the parties, A copy of that fee agreement is not appended to the Petition, nor is a copy in 1 possession of or available to Plaintiff; and the averments relating to said agreement are therefore denied. In addition to the fire loss case, Plaintiff represented Defendants generaIly in a substantial number of other matters, for which, at the time of the execution and delivery of the Promissory Notes, he was owed a substantial sum in excess of the Promissory Notes amounts. 6. Denied. There was at one time a shareholder agreement executed between and among the parties, pursuant to which Plaintiff received shares of stock in a corporation known as Cumberland International, Inc. The extent to which the receipt of shares by Plaintiff was in consideration of services rendered in connection with the formation of said business entities, is as set forth in the shareholder agreement, a copy of which has not been attached to the Petition. The shareholder agreement provided, in relevant part, that Plaintiff was to obtain $10,000.00 per year as a member of the corporation's Board of Directors, and was to contribute his professional services to the corporation "during the base year" of the corporation's existence, which base year ended late 1983 or early 1984. Thereafter, Plaintiff rendered services for benefit of the corporation and Defendants with an agreed value in excess of$30,000.00, for which Plaintiff was never paid. Further, Plaintiffwas never paid $10,000.00 per year for any as a member of the Board of Directors, and never was paid the $5,000.00 to which Defendants aver Plaintiff had agreed for the stock. 7. Denied. Although he believes the averment to be true, after reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. Proof thereof, ifrelevant, is demanded, K Denied. Although he believes the averment to be true, after reasonable 2 investigation, the P1aintiffis without knowledge or information sufficient to form a belief as to the truth of the averment. Proofthereot; if relevant, is demanded. 9. Denied in part and admitted in part. To the extent that this Paragraph incorporates averments set forth in previous paragraphs, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereot; if relevant, is demanded. It is denied that Plaintiff had, by that time, relocated to Alaska, which did not occur until much later. It is admitted that the first page of Exhibit A to the Petition contains a telegram from Plaintiff to Defendant's attorney at that time, who was Lawrence J. Neary, Esquire, also their attorney currently in this proceeding, The telegram originated from the State ofWashing!:on, where the Plaintiff happened to be on the date the telegram was required, and it accurately reflects Plaintiff's offer to sell his stock in Cumberland International, Inc., for the sum of$5,OOO.OO payable by Promissory Note bearing 10% interest. Plaintiff was told by Defendants that the said agreement to sell for $5,000.00 was a formality necessary for the refinancing. The second page of Exhibit A to the Petition is a certification relating to shares of stock owned by Ronald L. Felty, not the shares of stock owned by Richard A. Jameson. In further answer, Plaintiff's offer was never accepted nor was a Promissory Note ever executed by Defendants pursuant to Plaintiff's telegram to Defendants as reflected in this paragraph. Rather, because the Defendants owed the Plaintiff not only $5,000 for the shares of stock in Cumberland International, Inc, but also an amount believed to be in excess of $30,000 in legal fees for services rendered by Plaintiff for Defendants before September 1985, plus the sums of$10,000,OO per year as a member of the Board of Directors of Defendants' corporation, and after discussion between 3 the parties, an agreement was reached whereby the Plaintiff agreed to accept from the Defendants the sum of $20,000, to be paid by two Promissory Notes, each in the sum of $ 10,000, plus interest at the rate oflO"/o per annulll, due and payable ten (10) years hence, i.e, January 14, 1996. It is these Promissory Notes upon which Plaintiff confessed Judgment. In consideration ofthe execution and delivery of the Promissory Notes by Defendants to Plaintiff; which constitute an ~rd and satisfaction, the Plaintiff compromised his claim for an amount in excess of$40,000 for legal services, Board of Director fees and the value of his shares of stock in Cumberland International, Inc,. In reliance on the Promissory Notes, Plaintiff did not pursue any claim for monies owed for the legal services rendered or the Board of Directors fees or the stock redemption, The Promissory Notes constitute integrated written obligations which are unambiguous and which embody the final written expression of the Defendants' obligations to the Plaintiff on the date executed. Accordingly, the relationship between and among the parties at the time of their signing, is irrelevant and immaterial to the current obligations of Defendants as represented in the Promissory Notes upon which the Judgment was confessed by Plaintiff. It is admitted that the Plaintiff performed no additional legal services for Defendants on and after September 9, 1985 and in reliance upon the subsequent execution of the Promissory Notes by the Defendants on January 14, 1986, no bills were submitted by Plaintiff to Defendants for any legal services. At the time of execution of the Promissary Notes, Plaintiff did not represent the Defendants nor any of their entities, who were represented by Lawrence J. Neary, Esquire, their attorney in this proceeding. All allegations in Defendants' Petition, and any evidence tendered by Defendants, in opposition to the principal sums due and owing on the date of execution of the 4 Promissory Notes, is in derogation of the parole evidence rule. 10. Denied. For the reasons as set forth above, the Plaintiff submitted to the Defendants the Promissory Notes which are attached to the Confession of Judgment complaint. The Promissory Notes were not to effectuate the agreement set forth in the telegram; rather, as set for above, the Promissory Notes were an accord and satisfaction in compromise of all sums owing the Plaintiff on the date of execution. 11. Denied. Plaintiff did not represent the Defendants on the date the Promissory Notes were submitted, and the "advice" averred in this paragraph is an absolute fabrication and false representation and was never made by Plaintiff. The Promissory Notes were, on information and belief, reviewed for the Defendants by their attorney at that time, 12. Denied for all the reasons set forth above, 13. Admitted, 14. Admitted, 15. Admitted. The letter embodied Plaintiff's written demand for payment within two months of the due date of the Promissory Notes. The Defendants never replied to the letter nor paid any sums to Plaintiff. Plaintiff subsequently telephoned Defendant Reese and discussed the demand letter. Defendant Reese at no time challenged the calculations but merely stated they had insufficient monies to pay the debt. 16. Admitted. 17, Admitted in part and denied in part, It is admitted that the exchange of correspondence took place and the letters are the exchange of correspondence, The letters do not 5 reflect an accurate calculation of the amounts due Plaintiff, for the reasons set forth above, and any conclusions derived from the calculations are denied, 18, Admitted. In further answer, the averments set forth above are incorporated herein by reference, Further, there was no fraud in the presentation, execution and/or delivery of the PromissOlY Notes; there is an absence of a material defense set forth in precise, specific, clear and unmistakable terms in Defendants' Petition; the Defendants' defenses to the Confession of Judgement on the Promissory Notes are not ones which would invite the intervention of a court of equity nor ones which would defeat the original action; Defendants have failed to aIleged a lack of consideration; Defendants have failed to aIlege any cognizable set off, and all Defendants' defenses are non-meritorious. 19. Denied. The averments of this paragraph constitute legal conclusions to which no answer is required. WHEREFORE, it is demanded that the Petition of Defendants be denied. Respectfully submitted, MILSPAW & BESHORE Luther E. Milspaw, J , squire 130 State Street, P.O. Bo Harrisburg, PA 17108-09 Attorney lD. if 19226 Attorney for Plaintiff DATE: February 17, 2000 6 RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 2000-89 VERIFtCA nON 1, Luther E. Milspaw, Jr., Esquire, attorney for RICHARD A. JAMESON, the Plaintiff in the instant action, being duly sworn according to law, deposes and says that the Plaintiffis outside the jurisdiction of the court and his original verification cannot be obtained with the time allowed for the filing of the Answer to Petition to Open; that the facts set forth in the foregoing Answer are true and correct to the best of the Plaintiff's knowledge, information and belief, all as related to the undersigned by Plaintiff, that an original verification shaIl be obtained from the Plaintiff as soon as possible and filed with the Court; and that the undersigned understands that this verification is made subject to the penalties of 18 Pa, C,S, ~4904 relating to unsworn falsification to authorities, DATE: February 17, 2000 7 RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : - : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : : No. 2000-89 . . CERTIFlCA TE OF SERVICE I, Luther E. Milspaw, Jr., Esquire, hereby certifY that on February 17, 2000, a copy of the foregoing document was served on Defendants' attorneys by regular mail: Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, Pa, 17101 February 17, 2000 Luther E. Milspaw, Jr., Esquire 8 . ~lLmcmc;:: c= ~;; F7!1::'"OT/\RY 00 FE8 I 7 PI~ 3: S ! CUMBEFiL.LNJ COUN1Y PENNSYLVANIA I , ,j z. RICHARD A. JAMESON Plaintiff Ofl~\"'~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 2000 - 89 : ORDER OF COURT AND NOW, this -i.-tJ. -jI- dayofMarch, 2000, upon consideration ofthe stipulation of counsel it is ordered that the order of court dated February 2,2000, a copy of which is attached hereto, be amended to postpone indefinitely the requirement that depositions be completed, and to continue indefinitely the argument currently scheduled for Wednesday, March 22, 2000, pending further agreement of counselor order of this court, All proceedings shall continue to be stayed pending further order of court. By the Court, ~. ~:J> (),OO pff" '-':;). ~\~ ALED-OFFl"'E OF TrlE PRonn'<ioTARY 00 MAR 20 Pt1 I: 02 CUMBERLAND COUNTY PENNSYLVANIA ~ . . .' . RICHARD A. JAMESON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~ v. : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No: 2000 - 89 : STIPULATION OF COUNSEL AND NOW, this I 3-{; h March, 2000, an agreement having been reached between the parties to settle the matter, it is hereby stipulated that the Order in the form as attached hereto be ente ed, 1aintifi\Respondent e and Donald E Stevens, ",)/ ,/ RICHARD A. JAMESON, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. RANDOLPH G. REESE ana DONALD E. STEVENS, DEFENDANTS/PETITIONERS 00-0089 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of February, 2000, upon consideration of the foregoing petition, IT IS ORDERED: (1) A Rule is issued against respondent, Richard A. Jameson, to show cause why the petition to open judgment entered by confession should not be granted. (2) Respondent shall file an answer to the petition within fifteen (15) days of service. (3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7. (4) Any depositions shall be completed within thirty-five (35) days of service. (5) Briefs shall be filed in chambers and argument shall be held on Wednesday, March 22, 2000, at 9;00 a.m" in Courtroom No. II of the Cumberland County Courthouse. (6) Notice of the entry of this order shall be provided to all parties by petitioner. -, '" ~~"'": (""....O'L,I' -.... -.< ." ,..,-_..-. -- - r1 . .v..... - ... ....: 1 t ~. t.~ . '. ~''', . fii T.~'(mony '~vh~r(.cf, i (ld-.. .Jfit\: 6\ .I"t honi and 1he seat of said Court a rlisle. Pa. ~~~.7i~:J";' . '. - . PJotli,onotary _\1.. - ., -;-'. 1,..'.,:>" Edgar B. (7) All proceedings shall stay pending further order of ~, / , " l;3y the Co ,. , .; : j . <,-' l ...-.~ji ..-_""............'A~ ~ _k ~ '-~.... ,-..-.lr:!.) .~",,-...- - ' . RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : : No. 2000 - 89 PRAECIPE TO SA TlSFY JUDGMENT TO THE PROTHONOTARY: Please satisfY the judgment entered January 5, 2000 on behalf of the Plaintiff against Defendants, April 5, 2000 Respectfully submitted, Attorney for Plaintiff ".- -~ ". ~- > - .--- RICHARD A. JAMESON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : : CIVIL ACTION - LAW RANDOLPH G. REESE and DONALD E. STEVENS Defendants : No. 2000 - 89 : CERTIFICATE OF SERVICE AND NOW, this Sth day of Apri~ 2000, I, Elizabeth M, Gable, hereby certify that I this day served the foregoing Praecipe to SatisfY Judgment, by hand delivery to: Lawrence J, Neary, Esquire 108-112 Walnut Street Harrisburg, PA 17101 MlLSPAW & BESHORE April 5, 2000 ~ 111..Jd~ Elizabeth M. Gable Legal Assistant to Luther E. Milspaw, Jr.