HomeMy WebLinkAbout00-08341
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
WA YPOINT BANK, F/KlA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION,
Plaintiff
No. ()6 - IJJ.( I
C~o~CT~
vs.
JOHN H. MORRiSON
WILLIAM B. BARRICK
T/A NEW AGE GAMES, LTD.
Defendants
Confession of Judgment
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Warrant of Attorney, a copy of
which is attached hereto, I appear for the above Defendants and confess
judgment in favor of the Plaintiff and against the Defendants, as follows:
Principal Balance
$43,834.90
$43,834.90
Total
Judgment entered as above.
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By:
Be"i.yl::#~
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
CIVIL ACTION
WA YPOINT BANK, F/K1A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
Plaintiff
No. ~6 - PJ'II
Qo:L~
vs.
JOHN H. MORRISON
WILLIAM B. BARRICK
T/A NEW AGE GAMES, L TO.
Defendants
Confession of Judgment
NOTICE OF DEFENDANT'S RIGHTS
TO: John H. Morrison
tfa New Age Games, Ltd.
185 Lee Drive
Marysville, PA 17053
A judgment in the amount of $43,834.90 has been entered against you
and in favor of the Plaintiff without any prior notice or hearing based on a
confession of judgment contained in a written agreement or other paper allegedly
signed by your. The sheriff may take your money or other property to pay the
judgment at any time after thirty (30) days after the date on which this notice is
served on you.
You may have legal rights to defeat the judgment or to prevent your
money or property from being taken. YOU MUST FILE A PETITION SEEKING
RELIEF FROM THE JUDGMENT AND PRESENT IT T A JUDGE WITHIN
THRITY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED
ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEER AT ONCE. IF
YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
WA YPOINT BANK, F/KlA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
Plaintiff
No.
vs.
JOHN H. MORRISON
WILLIAM B. BARRICK
T1A NEW AGE GAMES, LTD.
Defendants
Confession of Judgment
COMPLAINT
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AND NOW, to wit, this _J day of November, 2000, comes
Waypoint Bank, f/k/a York Federal Savings and Loan Association, Plaintiff, by
and through its attorney, Benjamin F. Riggs, Jr., and files this Complaint upon a
cause of action whereof the following is a statement:
1. The Plaintiff is Waypoint Bank, flk/a York Federal Savings and
Loan Association, a corporation organized and existing under the laws of the
United States of America, and it is registered to do business in Pennsylvania,
with offices for the purpose of doing business at 49 Eisenhour Boulevard,
Harrisburg, Pennsylvania 17105.
. JoJw~
2. The Defendant, JaA'le! H. Morrison, tla New Age Games, Ltd., is an
adult individual who lives and resides at 185 Lee Drive, Marysville, Perry County,
Pennsylvania 17053.
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3. The Defendant, William B. Barrick, Va New Age Games, Ltd., is an
~dult individual who lives and resides at 103 Bungalow Road, Enola, Cumberland
County, Pennsylvania 17025.
4. That attached hereto and incorporated herein by reference thereto
is a copy of the original instrument executed by the Defendants authorizing
confession of judgment (Disclosure for Confession of Judgment dated August 10,
1999).
5. The attached instrument has not been assigned.
6. That the judgment to be entered does not involve a loan defined as
a "consumer credit transaction" in accordance with Annex A. to Title 231,
Chapter 2950, Rule 2951 (a)(2).
7. That judgment has not been entered on the attached instrument in
any jurisdiction.
8. The attached instrument provides for confession of judgment
against the Defendants, at the Plaintiff's option. Plaintiff has exercised its option
to confess judgment pursuant to the terms of the instrument for an amount which
the Defendants may become liable.
9. As a consequence of the foregoing, the Defendants are liable to the
Plaintiff as follows, as of October 31,2000:
Principal Balance
$43,834.90
$43,834.90
Total Amount
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WHEREFORE, Plaintiff Waypoint Bank, flk/a York Federal Savings and
Loan Association demands judgment against the Defendants in the total sum as
authorized by the Warrant appearing in the attached instrument.
By:
Benjamin . Riggs, J .
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
1.0. No. 72030
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GUARANTY
KNOW ALL MEN BY THESE PRESENTS, that in order to induce YORK FEDERAL
SAVINGS AND LOAN ASSOCIATION, a federal savings and loan association, with its
principal offices located in the City ofY ork, County ofY ork, Commonwealth of Pennsylvania, (the
"Bank"), to extend credit to or on the account of NEW AGE GAMES, LTD., a Pennsylvania
business corporation (the "Business"), and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the
undersigned, individually, jointly and severally, directly and unconditionally, do hereby guarantee
to Bank the prompt and full payment and performance of all Business's obligations to Bank, as
required by and defined in the BusinesslManager Agreement (the "Agreement") of even date
herewith in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars, given to Bank by
Business. As used in this Guaranty, the term "Loan Doctll1lents" means collectively any instrument
or agreement in connection with the Loan as defined in the Agreement.
This Guaranty shall constitute a contract of suretyship under the laws of the Commonwealth
of Pennsylvania. The liability of the undersigned is and shall be joint, several, unlimited, absolute,
primary, and continuing, and may be enforced without the necessity of prior resort by Bank to any
other rights, remedies, or securities under the Loan Documents or otherwise.
Without requiring any further consent or any notice, the undersigned assent and agree to all
renewals, extensions or postponements of the time of payment of any of said obligations; to all
compromises, adjustments, indulgences and forbearances; to all changes, additions, substitutions,
exchanges, releases or alterations to any collateral or security; to all provisions of all existing and
future instruments, documents and papers and amendments thereto, as may evidence, contain, give
rise or otherwise relate to any obligations of Business to Bank and to all things as may be done
pursuant thereto; to the addition or release of any other person or entity, primarily or secondarily
liable; and that the existence, occurrence or doing of any or all of the foregoing shall in no way
impair or diminish the liability of the undersigned to Bank.
The undersigned hereby waive: notice of acceptance of this Guaranty; presentment,
dishonor, demand, protest, and all notices thereof; all notices of any extension or renewals to, and
of any breaches, defaults, acts, omissions, or wrong doings by Business, or others; all notices in
connection with this Guaranty, except as specifically provided herein, or the obligations guaranteed
hereby or any security and of any action taken in reliance thereon; all other notices and demands of
every kind to which the undersigned might otherwise be or become entitled; all diligence by Bank
in the exercise or enforcement of any rights or remedies whatsoever; any and all rights of
indemnification or other cause of action against Business relating to performance under this
Guaranty or the obligations guaranteed hereby; and all suretyship defenses and defenses in the
nature thereof. The undersigned waive and renounce, for themselves, and their families, any and all
homestead and exemption rights which the undersigned, or their families may have under or by
virtue of the Constitution or laws of any State, or the United States, either now or hereafter to be
allowed as against their obligations to Banlc by virtue of this Guaranty, or which may be allowed to
Business.
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The undersigned waive all rights of subrogation, repayment, reimbursement, or recoupment,
or any other "claim" (as that term is defined in Section 101 of the United States Bankruptcy Code,
as amended) which the undersigned might otherwise have from or against the Business, the
Business's property or the Business's bankruptcy estate as a result of the undersigneds' payment or
performance of the obligations. The parties specifically intend the waiver contained in this Section
to confer third-party beneficiary rights upon the Business and its successors and assigns, including
without limitation any debtor in possession or trustee in bankruptcy for the Business's bankruptcy
estate.
The undersigned agree: that nothing shall impair, diminish, discharge, or satisfY their said
liability under this Guaranty except payment and fulfillment of all obligations of Business to Bank;
to save harmless and indemnifY Bank from and against any and all loss, damage, and from all
obligations, demands, or liabilities by whomsoever asserted, which are incurred or suffered or paid
by Bank as a result of, or in any way arising out of or following, or consequential to the transactions
evidenced by the Loan Documents between Business and Bank; that all rights and remedies
whatsoever of Bank shall be cumulative; and that all present and future debts, liabilities, and
obligations of Business to the undersigned, fixed or contingent, direct or indirect, secured or
unsecured, and of any kind whatsoever, are hereby subordinated to the present and future
obligations of Business to Ban1c and are hereby assigned by the undersigned to Bank.
The undersigned assume all responsibility for being and keeping themselves infonned of
Business's financial condition and assets, and of all other circumstances bearing upon or relevant to
the risk of nonpayment or nonperformance by Business under the Loan Documents and the nature,
scope and extent of the risks which the undersigned assume and incur hereunder, and agree that
Bank shall have no duty to advise the undersigned of information known to it regarding such
circumstances or risks.
This Guaranty shall be construed and enforced according to the laws of the Commonwealth
of Pennsylvania.
This Guaranty shall remain in full force and effect until Business has fully satisfied and
performed and paid all sums, obligations, debts and liabilities under the Loan Documents and this
Guaranty.
The within agreements, obligations, undertakings, representations and warranties shall inure
to the benefit of Bank, its successors and assigns, and shall bind the undersigned and their
successors. This instnunent shall take effect as a sealed instnunent.
If any amount due Ban1c under any of the Loan Documents shall remain unpaid or if
Business is in default under any of the terms of any of the Loan Documents at the expiration of
fifteen (15) days after written notice thereof to the undersigned, then the undersigned hereby
authorizes and empowers irrevocably, the Prothonotary, clerk of court or any attorney of any court
of record to appear for them in such court, in term, or vacation, at any time and confess judgment in
favor of Bank, jointly and severally, with or without the filing of an averment or declaration of
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default, for such amount as may appear to be unpaid, all interest due thereon and all reasonable
costs incurred in connection with the collection of such amount, together with an attorney's fee of
five (5%) percent of the total unpaid principal indebtedness, interest thereon and all other sums due
Bank by Business, and the undersigned waives and releases any and all errors which may intervene
in any such proceedings and waives all right of appeal and consent to immediate execution upon
such judgment. The undersigned shall not cause any bill in equity to be filed to interfere in any
manner with the operation of such judgment, hereby ratifYing and confirming all that said attorney
may do by virtue hereof. The authority hereinabove granted shall not be exhausted by one exercise
thereof, but judgment may be confessed as aforesaid from time to time and as often as any default
shall occur hereunder. Confession of judgment may be made by filing copies of the Loan
Documents and this Guaranty Agreement in lieu of originals thereof
The undersigned acknowledge that they understand the meaning and effect of the
confession contained in the foregoing paragraph. Specifically, they understand among other things
that (1) they are relinquishing the right to have notice except as provided herein, an opportunity to
be heard. and the right to have the burden of proof of default rest on Bank prior to the entry of
judgment, (2) ihe entry of judgment may result in a lien on their property, (3) they will bear the
burden and expense of attacking the judgment and challenging execution on the lien and sale of the
property covered thereby, and (4) enough of their property may be taken to pay the principal
amount, interest, costs and attomey's fees.
IN WITNESS WHEREOF, the undersigned intending to be legally bound hereby, have
hereunto set their hands and seals this L!2.day of 4-,/f/<;'/- , 1999.
WITNESS:
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John H. Morrison
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GUARANTY
KNOW ALL MEN BY THESE PRESENTS, that in order to induce YORK FEDERAL
SAVINGS AND LOAN ASSOCIATION, a federal savings and loan association, with its
principal offices located in the City ofY ork, County ofY ork, Commonwealth of Pennsylvania, (the
"Bank"), to extend credit to or on the account of NEW AGE GAMES, LTD., a Pennsylvania
business corporation (the "Business"), and for other good and valuable consideration,fue receipt
and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the
undersigned, individually, jointly and severally, directly and unconditionally, do hereby guarantee
to Bank the prompt and full payment and performance of all Business's obligations to Bank, as
required by and defined in the BusinesslManager Agreement (the "Agreement") of even date
herewith in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars, given to Bank by
Business. As used in this Guaranty, the term "Loan Documents" means collectively any instrument
or agreement in connection with the Loan as defined in the Agreement.
This Guaranty shall constitute a contract of suretyship under the laws of the Commonwealth
of Pennsylvania. The liability of the undersigned is and shall be joint, several, unlimited, absolute,
primary, and continuing, and may be enforced without the necessity of prior resort by Bank to any
other rights, remedies, or securities under the Loan Documents or otherwise.
Without requiring any further consent or any notice, the undersigned assent and agree to all
renewals, extensions or postponements of the time of payment of any of said obligations; to all
compromises, adjustments, indulgences and forbearances; to all changes, additions, substitutions,
exchanges, releases or alterations to any collateral or security; to all provisions of all existing and
future instruments, documents and papers and amendments thereto, as may evidence, contain, give
rise or otherwise relate to any obligations of Business to Bank and to all things as may be done
pursuant thereto; to tlle addition or release of any other person or entity, primarily or secondarily
liable; and that the existence, occurrence or doing of any or all of the foregoing shall in no way
impair or diminish the liability of the undersigned to Bank.
The undersigned hereby waive: notice of acceptance of this Guaranty; presentment,
dishonor, demand, protest, and all notices thereof; all notices of any extension or renewals to, and
of any breaches, defaults, acts, omissions, or wrong doings by Business, or others; all notices in
connection with this Guaranty, except as specifically provided herein, or the obligations guaranteed
hereby or any security and of any action taken in reliance thereon; all other notices and demands of
every kind to which the undersigned might otherwise be or become entitled; all diligence by Bank
in the exercise or enforcement of any rights or remedies whatsoever; any and all rights of
indemnification or other cause of action against Business relating to performance under this
Guaranty or the obligations guaranteed hereby; and all suretyship defenses and defenses in the
nature tllereof. The undersigned waive and renounce, for themselves, and their families, any and all
homestead and exemption rights which tlle undersigned, or their families may have under or by
virtue of the Constitution or laws of any State, or the United States, eitller now or hereafter to be
allowed as against their obligations to Banlc by virtue of this Guaranty, or which may be allowed to
Business.
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The undersigned waive all rights of subrogation, repayment, reimbursement, or recoupment,
or any other "claim" (as that term is defined in Section 101 of the United States Bankruptcy Code,
as amended) which the undersigned might otherwise have from or against the Business, the
Business's property or the Business's bankruptcy estate as a result of the undersigneds' payment or
performance of the obligations. The parties specifically intend the waiver contained in this Section
to confer third-party beneficiary rights upon the Business and its successors and assigns, including
without limitation any debtor in possession or trustee in bankruptcy for the Business's bankruptcy
estate.
The undersigned agree: that nothing shall impair, diminish, discharge, or satisfY their said
liability under this Guaranty except payment and fulfillment of all obligations of Business to Bank;
to save harmless and indemnifY Bank from and against any and all loss, damage, and from all
obligations, demands, or liabilities by whomsoever asserted, which are incurred or suffered or paid
by Bank as a result of, or in any way arising out of or following, or consequential to the transactions
evidenced by the Loan Documents between Business and Bank; that all rights and remedies
whatsoever of Bank shall be cumulative; and that all present and future debts, liabilities, and
obligations of Business to the undersigned, fixed or contingent, direct or indirect, secured or
. unsecured, and of any kind whatsoever, are hereby subordinated to the present and future
obligations of Business to BanIc and are hereby assigned by the undersigned to Bank.
The undersigned assume all responsibility for being and keeping themselves informed of
Business's financial condition and assets, and of all other circumstances bearing upon or relevant to
the risk of nonpayment or nonperformance by Business under the Loan Documents and the nature,
scope and extent of the risks which the undersigned assume and incur hereunder, and agree that
BanIc shall have no duty to advise the undersigned of information known to it regarding such
circumstances or risks.
This Guaranty shall be construed and enforced according to the laws of the Commonwealth
of Perm sylvania.
This Guaranty shall remain in full force and effect until Business has fully satisfied and
performed and paid all sums, obligations, debts and liabilities under the Loan Documents and this
Guaranty.
The within agreements, obligations, undertakings, representations and warranties shall inure
to the benefit of BanIc, its successors and assigns, and shall bind the undersigned and their
successors. TIus instrument shall take effect as a sealed instrument.
If any amount due Bank under any of the Loan Documents shall remain unpaid or if
Business is in default under any of the t=s of any of the Loan Documents at the expiration of
fifteen (15) days after written notice thereof to the undersigned, then the undersigned hereby
authorizes and empowers irrevocably, the Prothonotary, clerk of court or any attorney of any court
of record to appear for them in such court, in term, or vacation, at any time and confess judgment in
favor of Bank, jointly and severally, with or without the filing of an averment or declaration of
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default, for such amount as may appear to be unpaid, all interest due thereon and all reasonable
costs incurred in connection with the collection of such amount, together with an attorney's fee of
five (5 %) percent of the total unpaid principal indebtedness, interest thereon and all other sums due
Bank by Business, and the undersigned waives and releases any and all errors which may intervene
in any such proceedings and waives all right of appeal and consent to immediate execution upon
such judgment. The undersigned shall not cause any bill in equity to be filed to interfere in any
manner with the operation of such judgment, hereby ratifying and confirming all that said attorney
may do by virtue hereof. The authority hereinabove granted shall not be exhausted by one exercise
thereof, but judgment may be confessed as aforesaid from time to time and as often as any default
shall occur hereunder. Confession of judgment may be made by filing copies of the Loan
Documents and this Guaranty Agreement in lieu of originals thereof.
The undersigned acknowledge that they understand the meaning and effect of the
~- confession contained in the foregoing paragraph: Specifically, they understand among other things
that (1) they are relinquishing the right to have notice except as provided herein, an opportunity to
be heard and the right to have the burden of proof of default rest on Bank prior to the entry of
judgment, (2) the entry of judgment may reslIlt in a lien on their property, (3) they will bear the
burden and expense of attacking the judgment and challenging execution on the lien and sale of the
property covered thereby, and (4) enough of their property may be talcen to pay the principal
amount, interest, costs and attorney's fees.
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IN WITNESS WHEREOF, the undersigned intending to be legally bound hereby, have
hereunto set their hands and seals this /0 day of /lv; ([5!- , 1999.
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- William B. Barrick
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and
correct to the best of my knowledge, information, and belief. I further verify that I
am a Loan Administration Officer of WAYPOINT BANK, F/K/A YORK FEDERAL
SAVINGS AND LOAN ASSOCIATION, and that as such, I am authorized to
make this Verification on its behalf. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn
falsification to authorities.
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
Date: II I 'l. '/ (00
BY(~ ? ~v:e.
Blair E. Ansell
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
WA YPOINT BANK, F/KlA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
Plaintiff
No. 66 - PJl/ I {}; (~~ L '7-~
vs.
JOHN H. MORRISON
WILLIAM B. BARRICK
T/A NEW AGE GAMES, LTD.
Defendants
Confession of Judgment
Commonwealth of Pennsylvania
County of York
Before me, a Notary Public for York County, Pennsylvania, personally
appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled
case, who being duly sworn or affirmed according to law deposes and says, that
the Defendants above named are not in the military service of the United States
of America, that he has personal knowledge that the said Defendant John H.
Morrison, tla New Age Games, Ltd.'s last-known address is 185 Lee Drive,
Marysville, Perry County, 17053 and that the said Defendant William B. Barrick,
tla New Age Games, Ltd.,'s last-known address is 103 Bungalow Road, Enola,
Cumberland County, Pennsylvania 17025..
Sworn and subscribed before
me this j:slb- day of November,
2000
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Notary Public
Be"~M.~
Attorney for Plaintiff
I.D. No. 72030
My Commission expires:
Notarial Seal
Bridget C. Gallagher. Notary Public .
York. York County
My Commission Expires Feb. 22, 2003
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
CIVIL ACTION
WA YPOINT BANK, FIKlA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
Plaintiff
No. or} - J>J"Ij
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vs.
JOHN H. MORRISON
WILLIAM B. BARRICK
TIA NEW AGE GAMES, LTD.
Defendants
Confession of Judgment
OFFICE OF THE PROTHONOTARY
OF CUMBERLAND COUNTY
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise mailing address of the Plaintiff is:
P.O. BOX 1711, Harrisburg, Pennsylvania 17105-1711
I hereby certify that the precise mailing addresses of the Defendants, John H.
Morrison and William B. Barrick, Va New Age Games, Ltd., are, respectively:
185 Lee Drive, Marysville, Perry County, Pennsylvania 17053
103 Bungalow Road, Enola, Cumberland County, Pennsylvania 17025
By 0 ()!J ~
Benja~g~~
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D.No.72030
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
WA YPOINT BANK, FIKlA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
Plaintiff
No. ()O-J'J4f
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vs.
JOHN H. MORRISON
WILLIAM B. BARRICK
TIA NEW AGE GAMES, LTD.
Defendants
Confession of Judgment
NOTICE OF FILING JUDGMENT
() Notice is hereby given that a judgment in the above-captioned matter
has been entered against you in the amount of $43,834.90 on the
day of November, 2000.
. () A copy of all documents filed with the Prothonotary in support of the
within judgment islare enclosed.
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If you have any questions concerning the above case, please contact the
following party:
Benjamin F. Riggs, Jr. (I.D.#72030)
Attorney for the Plaintiff
P. O. Box 1711
Harrisburg, Pennsylvania 17105-1711
Telephone: (717) 815-4518
(This Notice is given in accordance with Pa.R.C.P. 236.)
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Notice sent:
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John H. Morrison
185 Lee Drive
Marysville, PA 17053
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William B. Barrick
103 Bungalow Road
Enola, PA 17025
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