The URL can be used to link to this page

Home My WebLink About13-5276 Gr TF E RO HQNar Arc' KEEFER WOOD ALLEN&RAHAL,LLP 2713 SEP -9 Eugene E.Pepinsky,Jr.,Esquire �t1": 2 r Attorney I.D.No.23702 ��lt`f��RL Donald M.Lewis III,Esquire AND con Attorney I.D.No. 58510 1'ENNS YLVANiv TY 210 Walnut Street,P.O.Box 11963 Harrisburg,PA 17108-1963 (717)255-8051 and 255-8038 epepinsky@keeferwood.com dlewis @keeferwood.com Attorneys for plaintiff PENNSY SUPPLY, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : No. / 3 '-52-N1 C!// H. IKE MORRIS, JR., • Defendant PRAECIPE FOR ENTRY OF JUDGMENT TO: David D. Buell, Prothonotary: Please enter judgment in favor of Plaintiff and against Defendant in the amount of $367,556.95 per court order(attached as Exhibit A), on exemplified record from the Court of Common Pleas of Dauphin County, Pennsylvania, certified copy attached hereto as Exhibit B. KEEFER WOOD ALLEN & RAHAL, LLP Dated: September 6, 2013 By ,\ 'r onald M. Lewis III QA oot s 25 c y EXHIBIT A O PENNSY SUPPLY,INC., : IN THE COURT OF COMMON PLEAS OF : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW v. No. 2012-CV-8177-NT H. IKE MORRIS, JR., , ';' : CONFESSION OF JUDGMEN % Defendant : d' ORDER AND NOW,this 31 day of CI "n , 2013, upon consideration of the attached stipulation of counsel, which is hereby approved, IT IS HEREBY ORDERED as follows: 1. The judgment previously entered by confession is modified as follows: Principal: $293,400.20 Interest accrued as of 8/24/2012: 64,156.75 Attorney's fees/collection costs: 10,000.00 i Total $367,556.95 1‘) 2. The Court's Order of May 7, 2013 (except for the final paragr which is moot), is now final. 3. The stay of proceedings previously entered by Order of Octol, 2012, is dissolved. *JUN 2 1 ` "` BY THE COURT: hereby certify t t a foregeoi 9 nai true and correct copy filed. Prothonmon, J. Distribution: Donald M.Lewis III,Esquire,Keefer Wood Allen&Rahal,LLP,210 Walnut Street,P. O.Box 11963, Harrisburg,PA 17108-1963; (717)255-8038;FAX- (717)255-8050; dlewis @keeferwood.com Robert E. Chemicoff,Esquire, Cunningham&Chemicoff,P.C.,2320 North Second Street,P. O.Box 60457,Harrisburg, PA 17106-0457; (717)260-3527;FAX- (717)238-4809; rec @cclawpc.com • • EXHIBIT B In Court of Common 1131.eao of ))1 aup iin County, Vennoptbanta Pennsy Supply Inc VS. No. 2012-CV-08177-NT H Ike Morris Jr CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, Pennsy Supply, Inc and against Defendant, H. Ike Morris, Jr. on September 17, 2012 in said case in the amou of$367,556.95 �1n Teotimonp Whereof, I have hereunto set my hand and affixed the al f the Court, on Friday, September 06, 2013. Proth• • 41. By. iL L-- _ PA_AA 'A !4 Deputy Date: 9/6/.2013 Dauphin County User: JMAURER Time: 11:40 AM Complete Case History Page 1 of 4 Case: 2012-CV-08177-NT Pennsy Supply Incvs.H Ike Morris Jr Filed: 9/17/2012 Subtype: Notes Physical File: Y Appealed: N Comment: Status History Pending 9/17/2012 Pending/Judgment 9/17/2012 Judge History Date Judge Reason for Removal 9/17/2012 No Judge, Administrative 10/9/2012 Dowling, Andrew H Current Payments Receipt Date Type Amount Cunningham & Chernicoff 283306 10/5/2012 Civil Filing 162.00 Keefer Wood Allen & Rahal 282129 9/17/2012 Civil Filing 51.75 302075 9/6/2013 Miscellaneous 26.25 Exemplified Record 26.25 Total 240.00 Miscellaneous Receipts Receipt Date 302075 9/6/2013 Exemplified Record 26.25 Sum: 26.25 Plaintiff Name: Pennsy Supply Inc SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Lewis, Donald M III (Primary attorney) Send Notices Defendant Name: Morris, H Ike Jr SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Lewis, Donald M III (No longer on case) Do Not Send Notices Fanelli, Nicholas A (No longer on case) Do Not Send Notices Chernicoff, Robert E (Primary attorney) Send Notices Date: 9/612013 Dauphin County User: JMAURER Time: 11:40 AM Complete Case History Page 2 of 4 Case: 2012-CV-08177-NT Pennsy Supply Incvs.H Ike Morris Jr Register of Actions 9/17/2012 New Civil Case Filed This Date. No Judge, Plaintiff: Pennsy Supply Inc Attorney of No Judge, Record: Donald M Lewis III Filing: Complaint with Confession of No Judge, Judgment Paid by: Keefer Wood Allen & Rahal Receipt number: 0282129 Dated: 9/17/2012 Amount: $51.75 (Check) For: Morris, H Ike Jr(defendant) Defendant: Morris, H Ike Jr Attorney of No Judge, Record: Donald M Lewis III On Complaint filed Judgment in No Judge, favor of Plaintiff and against Defendant in the sum of Three Hundred Fifty-Seven Thousand Five Hundred Fifty-Six Dollars and 95/100 ($357,556-95) by virtue of authority contained in the Warrant of Attorney filed dated April 22, 2008 payable Installments with interest, costs, etc. ---for colt'n. Inquisition and Exemption Waived. Entered At 2:03 p.m. Stephen E. Farina, Prothonotary Copies of All Documents to Attorney. 10/1/2012 Complaint with Confession of Judgment: Dowling, Andrew H Sheriffs Return filed stating service was completed. So answers J.R. Lotwick, Sheriff. to H Ike Morris Jr on 10/1/2012; Assigned to Dauphin Co Sheriffs Office. Service Fee of$50.00. Cumberland County Sheriffs Costs: $30.95 10/5/2012 Filing: Petition Paid by: Cunningham & No Judge, Chernicoff Receipt number: 0283306 Dated: 10/5/2012 Amount: $162.00 (Check) For: Pennsy Supply Inc (plaintiff) Petition to open judgment and request for No Judge, stay of proceedings, filed. Defendant: Morris, H Ike Jr Attorney of No Judge, Record: Nicholas A Fanelli 10/9/2012 Judge assigned to case. Dowling, Andrew H Date: 9/672013 Dauphin County User: JMAURER Time: 11:40 AM Complete Case History Page 3 of 4 Case: 2012-CV-08177-NT Pennsy Supply Incvs.H Ike Morris Jr Register of Actions 10/10/2012 It is hereby ORDERED that: Dowling, Andrew H 1. A rule is issued upon Respondent to show cause, if any it has, why the Judgment entered in the above-captioned matter should not be opened and the defenses of the Petitioner be permitted; 2. The Respondent shall file an Answer to the Petition to Open Judgment within 20 days from the days of service upon the Respondent; 3. The Petition shall be decided under Pa.R.C.P. 206.7; 4. AHD. 5. Argument shall be held on November 27, 2012 in Courtroom No. 8 of the Dauphin County Courthouse; @ 1:30 p.m. 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner; anc 7. All proceedings, including all executions on the judgment docketed hereto are stayed pending this Court's review and determination of the Petition to Open Judgment and ruling thereon and the entry of an Order dissolving such Stay. See RULE TO SHOW CAUSE, filed. Copies Dist. 10/11/12 Hearing scheduled for (Hearing Dowling, Andrew H 11/27/2012 01:30 PM) (Argument) Dauphin Co. Courthouse, 101 Market St. Hbg, Pa. See complete RULE TO SHOW CAUSE, filed. Copies Dist. 10/11/12 10/16/2012 Certificate of Service of rule to show No Judge, cause, filed. 10/25/2012 Plaintiffs answer to defendant's petition to No Judge, open judgement and request for stay of proceedings, filed. 12/5/2012 Brief in support of petition to open No Judge, confessed judgment, filed. 12/11/2012 Plaintiffs brief in opposition to defendant's No Judge, petiiton to open judgment, filed. Verified statement of Donald M. Lewis III No Judge, regarding plaintiffs attorney's fees and costs, filed. 2/13/2013 Nicholas A. Fanelli, Esq, withdraws No Judge, appearance on behalf of defendant(s) and the Law Firm of Cunningham & Chernicoff will continue to represent them. See PRAECIPE, filed. Defendant: Morris, H Ike Jr Attorney of Dowling, Andrew H Record: Robert E Chernicoff Date: 9/6/2013 , Dauphin County User: JMAURER Time: 11:40 AM Complete Case History Page 4 of 4 Case: 2012-CV-08177-NT Pennsy Supply Incvs.H Ike Morris Jr Register of Actions 5/7/2013 Upon consideration of defendants petition Dowling, Andrew H to open the confessed judgment, plaintiffs response in opposition thereto and oral argument on November 27, 2012, IT IS HEREBY ORDERED that the said petition to open is DENIED as defendant has not met his burden of presenting clear evidence of a meritorious defense to justify opening the judgment and submitting the issue to the jury, IT IS FURTHER ORDERED that counsel shall each file one brief concerning the reasonableness of attorney's fees. Counsel for Plaintiff shall file his brief on or before June 7, 2013. Counsel for Defendant shall file his brief on or before July 5, 2013. See ORDER and MEMORANDUM, filed. Copies dist. 5/7/2013. 6/6/2013 Plaintiffs supplemental brief RE: attorney's No Judge, fee component of judgment, filed. 6/19/2013 Stipulation to modify judgment, filed No Judge, 6/21/2013 Stipulation to modify judgment Dowling, Andrew H APPROVED BY THE COURT. See Order filed copies dist by chambers. 6/21/13 9/6/2013 Miscellaneous Payment: Exemplified Dowling, Andrew H Record Paid by: Keefer Wood Allen & Rahal Receipt number: 0302075 Dated: 9/6/2013 Amount: $26.25 (Check) Judgment Order date In Favor Of Disposition Judgment 09/17/2012 Plaintiff 09/17/2012 Open Judgment Comment: 357556.95 6/21/13 Judgment previously entered by confession is modified as follows: Total amount 367556.95 See Order filed. Plaintiff: Pennsy Supply Inc Defendant: Morris, - Jr SEp 0 6 2013 I ereby certi that the f. • • • ng is a • true a •• ct oft • . Prothonotary CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, one of the attorneys for plaintiff, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 KEEFER WOOD ALLEN& RAHAL, LLP 110 By D• '•ld M. Lewis III Dated: September 6, 2013 PENNSY SUPPLY, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. No. 3-52 7 (LO CO/ H. IKE MORRIS, JR., Defendant • NOTICE TO: H. IKE MORRIS, JR., Defendant You are hereby notified that on September 1, 2013, the following Judgment was entered against you in the above-captioned case: In the amount of Three Hundred Sixty-Seven Thousand Five Hundred Sixty-Six and 95/100 Dollars ($367,566.95), on exemplified record from the Court of Common Pleas of Dauphin County, Pennsylvania. p job a31/11412P Date: September 1 , 2013 Prothonotary I hereby certify that the names and addresses of the persons to receive this notice are: H. Ike Morris, Jr. Robert E. Chernicoff, Esquire 590 Lucinda Lane Cunningham & Chernicoff, P.C. Mechanicsburg, PA 17055 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 KEEFER WOOD ALLEN & RAHAL, LLP Dated: September 6, 2013 By Air na • V. Lewis III Attorney I.D. #58510 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8038 Attorneys for Plaintiff C 1 0N0 TA 20i4 JAI 13 Fig I: 14 KEEFER WOOD ALLEN&RAHAL, LLP Eugene E.Pepinsky,Jr.,Esquire CUMBERLAND COUNT Attorney I.D.No.23702 PENNSYLVANIA Donald M.Lewis III,Esquire Attorney I.D.No. 58510 417 Walnut Street,4th Floor P.O.Box 11963 Harrisburg,PA 17108-1963 (717)255-8051 and 255-8038 epepinsky @keeferwood.com dlewis @keeferwood.com Attorneys for plaintiff PENNSY SUPPLY, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : No. 13-5276 H. IKE MORRIS, JR., • • Defendant PRAECIPE TO CHANGE ADDRESS TO THE PROTHONOTARY: Kindly change the address of counsel for Plaintiff in the above-captioned matter to: Eugene E. Pepinsky, Jr., Esquire Donald M. Lewis III, Esquire Keefer Wood Allen& Rahal, LLP 417 Walnut Street, 4th Floor P. O. Box 11963 Harrisburg, PA 17108-1963 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: January 10, 2014 By o-ald M. Lewis III CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, one of the attorneys for plaintiff, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 KEEFER WOOD ALLEN & RAHAL, LLP 1011L By �� ■ D• ald M. Lewis III Dated: January 10, 2014