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HomeMy WebLinkAbout09-7589W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg. PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 64 HAMPTON CONSTRUCTION MANAGEMENT LIMITED d/b/a HAMPTON CONSTRUCTION LIMITED and H. IKE MORRIS a/k/a HARRY 1. MORRIS, MOUNT DUE $493,156.00, plus : interest at the rate of 1'/2% per month : commencing April 22, 2008 and the : costs of suit Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in favor of the above-captioned Plaintiff and against the above-captioned Defendants in the amount of $493,156.00, plus interest at the rate of 1 per month commencing April 22, 2008, and the costs of suit upon the basis of the attached Judgment Note and Disclosure for Confession of Judgment. Please note that the address of the Plaintiff is c/o Handler, Henning & Rosenberg, LLP - 1300 Linglestown Road, Harrisburg, PA 17110 and the address of the Defendants is 3607 Hartzdale Drive, Camp Hilll, Cumberland County, PA 17011. Also, please enter the appearance of Handler, Henning & Rosenberg, LLP on behalf of the Plaintiff. HANDLER, HENNI Dated 1 By ROSENBERG, LLP n squire W. Scott=' Attorney 98 1300 Linglest Road Harrisburg, P 17110 (717) 238-2000 ATTORNEY FOR PLAINTIFF JUDGMENT NOTE H. IKE MORRIS, JR, individually and doing business as (HAMPTON CONSTRUCTION, LTD) do hereby promis(*, pursuant to the hereinafter defined payment schedule, to pay to PENNSYSUPPLY, INC., the sum of $493,156.00, (Four Hundred Ninety Three Thousand One Hundred Fifty Six & 00/100 Dollars) together with interest thereon at the rate of 7% (Simple Interest) at the place of business of PENNSYSVPPLY, INC., offices P.O. Box 3331, Harrisburg, PA 17105. The aforesaid balance shall be paid by H,1KE MORRIS, JR. by making monthly payments of $13,227.22 commencing on April 30, 2008 and with each successive monthly payment being due on the 30th of each month for a term of 36 months. And 1, H. IKE MORRIS, JR, hereby authorize and empower any attorney of any court of record of Pennsylvania, or elsewhere, to appear for and to confess judgment against me for $493,156.00 with or without default in the aforesaid payment arrangement, with or without declaration, with costs of suit and with release of errors. And further, I H. IKE MORRIS, JR hereby authorize the issuance of execution proceedings upon said judgment should there be a default, as hereinafter defined, in the aforesaid monthly payments, and we further agree that real, personal or mixed property may be sold upon any such Writ of Execution as now or hereafter provided by law or the rules of civil procedure governing the enforcement of judgment, and we hereby waive and release all relief from any appraisement, stay or exemption law of any state now in force or hereafter to be passed- A default shall arise when any one monthly payment becomes in arrears in excess of five (10) days after it's due date, and such default shall entitle PENNSYSUPPLY, INC., at it's option, to declare the full amount of this Note then outstanding as inunediately due and payable, plus attorney's fees in an amount equivalent to twenty-five percent (25%) of the balance due and payable. IN WITNESS WHEREOF, HAMPTON CONSTRUCTION, LTD by and through it's president, R. = MORRIS, JR, have set my hand and seal to this Judgment Note with the intent of being legally bound hereby, this day of 2008 WITNESSETH: HAMPTON CONSTRUCTIEO 'D. (SEAL.) By: H. Ike Morfis, Jr. (SEAL) By DISCLOSURE FOR CONFESSION OF JUDGMENT HAMPTON CONSTRUCTION. LTD -ja I AM EXECUTING, THIS g2 DAY OF 2008, A JUDGMENT NOTE FOR $493,156.00 PLUS INTEREST AT THE RATE OF 7% APR OBLIGATING ME TO REPAY THAT AMOUNT, INITIALS;. JE{? A REPRESENTATIVE FOR PENNSY SUPPLY INC. HAS EXPLAINED TO US THAT THE NOTE CONTAINS WORDING THAT WOULD PERMIT PENNSY SUPPLY, INC. TO ENTER JUDGMENT AGAINST US AT THE COURTHOUSE, WHETHER 0R NOT SAID NOTE IS IN DEFAULT, WITHOUT NOTICE TO US AND WITHOUT OFI~ ERING US AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, AND THAT THE MOMENT MAY BE COLLECTED BY ANY LEGAL MEANS, INITIALS: 4j\-6? IN EXECUTING THE NOTE, I AM KNOWINGLY, UNDERSTANDINGLY, AND VOLUNTARILY WAVING OUR RIGHT TO RESIST THE ENTRY OF JUDGMENT AGAINST ME AT THE COURTHOUSE, AND I AM CONSENTING TO THE CONFESSION OF JUDGMENT, INITIALS: I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000.00, THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT, AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. (SEAL) H. Ike Morris, Jr. (SEAL) FlLE[?)rj-ICE 2009 NOV -3 All 11: 53 oa7. GK'S l?S?`l ?3?9/3 /WT enk L j PENNSY SUPPLY, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. HAMPTON CONSTRUCTION MANAGEMENT LIMITED d/b/a : AMOUNT DUE $493,156.00, plus HAMPTON CONSTRUCTION LIMITED : interest at the rate of 1 %% per month and H. IKE MORRIS a/k/a HARRY : commencing April 22, 2008 and the 1. MORRIS, : costs of suit Defendants TO: Hampton Construction Managment Limited d/b/a Hampton Construction Limited and H. Ike Morris a/k/a Harry I. Morris You are hereby notified that on October 30, 2009, a judgment in the amount of $493,156.00 plus interest at the rate of 1 %% per month from April 22, 2008 and the costs of suit has been entered against you in the above-captioned matter Date: 11 - Prothonotary 1 hereby certify that the name and address of the proper person(s) to receive this notice under Pa.R.Civ.P. 236 is: Hampton Construction Management Limited d/b/a H. Ike Morris a/k/a Hampton Construction Limited Harry I. Morris 3607 Hartzdale Drive 3607 Hartzdale Drive Camp Hill, PA 17011 Camp Hill, PA 17011 A Hampton Construction Management Limited d/b/a Hampton Construction Limited; and H. Ike Morris a/k/a Harry I. Morris, Por este medio le esta notificando que el 30 de October del 2009 el/la siguiente (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Hampton Construction Management Limited d/b/aH. Ike Morris a/k/a Hampton Construction LimitedHarry I. Morris 3607 Hartzdale Drive3607 Hartzdale Drive Camp Hill, PA 17011 Camp Hill, PA 17011 Abogado del Demandante