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Home My WebLink About04-5358QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff CHAD G. MORR/S Defendant : IN THE COURT OF COMMON PLEAS .' : CUMBERLAND COUNTY, : PENNSYLVANIA : : oocr T NO. : CIVIL ACTIO~-- : : : PRAECIPE FOR ENTRY OF JUDGMENT OF CONFESSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to the authority contained in the warrant of Attorney, a copy of which is attached to the complaint filed in this action, I appear for the Defendant, Chad G. Morris, and confess judgment in favor of Plaintiff, Quality Builders Warranty Corporation and against Defendant, Chad G. Morris, as follows: Principal Sum Attorney's Fees and costs Total: $5,000 to be determined $5,000 plus attorney's fees and cost of collection. Said Judgment is author/zed and taken in accordance with Pa. R.C.P. 2951 (b) and Pa. R. C. P. 2953. ~O1~ A. GILL, ESQUIRE ~'l~mcy ID # 41532 325 North S~eond Strut Wormlcysburg, pA 17043 Attorney for Plaintiff Quality Builders Warranty Corporation QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff CHAD G. MORR/S Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA DOCKET NO. CIVIL ACTION COMPLAINT CONFESSION OF JUDGMENT AND NOW, this 22n~ day of October, 2004, comes the Plaintiff, Quality Builders Warranty Corporation, by and through its Attomey, John A. Gill, Esquire, and files the within Complaint pursuant to Pa. R.C.P. 2951 (b) - (c), Pa. R.C.P. 2952, Pa. R.C.P. 2953 and Pa. R.C.P. 2955, judgment by confession and avers in support hereof the following: I. Plaintiffis Quality Builders Warranty Corporation (QBW), a Pennsylvania corporation with its principal place of business located at 325 North Second Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant, Chad G. Morris (Morris), is an adult individual who resides at 6157 Haverford Avenue, Indianapolis, IN 46220. 3. Attached hereto and marked as Exhibit A, is a true and correct copy of the instrument duly executed by Morris that contains the Warrant of Attorney to Confess Judgment. 4. Judgment is not being entered by confession against a natural person in connection with a cgnsumer credit transaction. 5. The attached instrument has not been assigned. 6. Judgment has not been entered on the instrument in any jurisdiction. 7. Default was made by Morris since Morris' employment with QBW was terminated on October 21, 2004 and Morris has refused to return the sum of $5000.00 to Pla/miff, QBW, as stipulated in the agreement attached as Exhibit A. 8. As a consequence of the foregoing Morris is liable to Plaintiff, QBW in the sum of $5,000 plus attorneys fees and costs, including cost of collection, which fees are est/mated to be $5,000 but will be substantiated by Affidavit upon conclusion oftbe Collection Proceedings in the event Morris does not voluntarily tender the amounts due and owing. WHEREFORE, Plaintiff, Quality Builders Warranty Corporation, demands judgment against Chad G. Morris, individually in the sum of $5,000, plus attorney's fees and costs of collection. Date: JOHN A. GILL, ESQUIRE Attorney ID # 41532 325 North Second S~et Wormleysburg, pA 17043 Attorney for Plaintiff Quality Builders Warranty Corporation EXHIBIT A AGREEMENT This Agreement is made on the 2nd day of August 2004, between Quality Builders Warranty Corporation, (QBVO and Chad G. Morris, (Morris). Morris has agreed to commence employment with QBW on August 2, 2004, and in connection with employment, QBW will pay Morris a $5,000.00, "sign on bonus", to be paid with Morris's first pay. Morris agrees that he will repay the sum of $5,000.00 to QBW in the event his employment is terminated by either party, for any reason, within the first year of employment. In the event Morris's employment is terminated within the first year, and he falls to repay the amount agreed upon, Morris irrevocably authorizes and empowers any attorney of any Court of Record in Pennsylvania or elsewhere to appear for and Confess Judgement against him for $5,000.00 plus attorney's fees, and costs including costs of collection. This agreement shall be interpreted under Pennsylvania Law and any suit shall be instituted in Pennsylvania in a Court of Competent Jurisdiction. Morris consents to the personal jurisdiction of the Pennsylvania Courts. Chad G. Morris Date Date AFFADAV1T TO ACCOMANY AGREEMENT WITH CONFESSION OF JUDGEMENT CLAUSE The undersigned agrees that: 1. He has executed an agreement containing a Confession of Judgment Clause 2. That he is over 21 years of age, not within the military service of the United States and its Allies or within the Civil Relief Provisions of the soldiers or sailors Civil Relief Act of 1947 as amended. 3. He certifies his annual income exceeds $10,000.00. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein, are made subject to the penalties I gPA.C.S. § 4904 relating to unsworn falsification to authorities. Chad G. Morris Date VERIFICATION I, JOSEPH M. OLSHEFSKI, President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing Complaint is true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Quality Buil~s~W ~arrant~ Corpgratkln J~ph M. Olshefski, Pres/dent QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff CHAD G. MORR/S Defendant : IN THE COURT OF COMMON PLEAS .- : CUMBERLAND COUNTY, : PENNSYLVANIA .' : DOCKETNO. : CIVIL ACTION . : To CHAD G. MORRIS, Defendant You are hereby notified that on October 22, 2004, judgment b~ confession was entered against you in the sum of $5,000, plus attorney's fees and costs in captioned case. the above 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the address oftbe Defendant stated in the certificate of residence. Chad G. Morris 6157 Haverford Avenue Indianapolis, IN 46220 A CHAD G. MORRIS Demando Por este medio sea avisado queen el dia de 22nd de October, 2004 un fallo por admision rue registrado contra usted por la cantidad de $5,000 del caso antes eserito. Fe~ha: Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABODAGO O SI NO TIENE EL D/NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC/NA CUYA DIRRECCION SE ENCURENTRA ESCRITA ABA JO PARA AVERIGUAR DONE SE PUEDE CONSEQUIR ASITENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 Por este medio certifico que Io suquiente es la direc¢ion del demando dicho en el En el certificado de residencia: Chad G. Morris 6157 Haverford Avenue Indianapolis,/N 46220 ~Demandante QUALITY BUILDERS WARRANTY · CORPORATION, · Plaintiff · CHAD G. MORRIS · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 04-5358 CIVIL ACTION PRAECIPE TO: THE PROTHONOTARY: Please mark the Judgement in the above matter as, "satisfied." Attorney ID # 41532 325 Nc,rth Second Street Wormleysburg, PA 17043 Attorney for Plaintiff Qualit)' Builders Warranty Corporation Date: