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Home My WebLink About00-08425 ~ ." "' -',"' ... ., --I ., -",,-. ->c" - ,',- "" ...; c_, _~" ,-. ". "'..-_-'-i"'-;,;,;;,':_";-i.-'~"'--,,,;,,~~ ---'~'M;'->.ki ~i>.-;'-- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. CIVIL DIVISION NO.: 00 - jJlf,1~ C'Ut-c ~ PRAECIPE TO TRANSFER JUDGMENT FROM YORK COUNTY TO CUMBERLAND COUNTY PURSUANT TO Pa.R.C.P. 3002 To the Prothonotary: Please enter judgment in favor of Plaintiff, Fanners and Merchants Trust Company of Chambersburg, and against Defendant, GCW Properties, Inc. and Gary C. Wesner, in the amount of $907,936.22 as evidenced by the certification of docket entries and judgment from the Court ofCo=on Pleas of York County, Pennsylvania, marked Exhibit "A", attached hereto and made a part hereof. Dated: II ~,fO' JAMES, S ITH, DURKIN & CONNELLY LLP By: Scott A. ietterick, Esquire PAID #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ... .J'''''",C-,; I I I I I i j j , , ~, I ,~',,j.J-j "{ '''M1~ In The Court of Common Pleas of York County, Pennsylvania FARMERS & MERCHANTS TRUST CO OF CHAMBERS BURG VS GCW PRPERTIES INC GARY C WESNER Case Number 2000 NO 01982 01 Case Type Conf. of Judgement Certification of Docket Entries and Judgments I, the undersigned Prothonotary of the Court of Common Pleas of York County, Pennsylvania, do hereby certify that the following is a full, true and correct copy of the docket entries in the above captioned case. APPEARANCES D 001 GCW PROPERTIES INC 96 S GEORGE STE 300 YORK PA UNREPRESENTED 17401 D 002 WESNER, GARY C 3065 BROOKFIELD DR YORK PA UNREPRESENTED 17404 G 001 PEOPLES STATE BANK 100 EKING ST EAST BERLIN PA UNREPRESENTED 17316 POOl FARMERS & MERCHANTS TRUST CO OF CHA DIETTERICK, SCOTT A PO BOX T 20 S MAIN ST CHAMBERSBURG PA 17201 DOCKET ENTRIES 2000/08/08 COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE DATED 12/4/98 IN THE AMT OF 907,936.22 32.50 2000/08/08 JUDGT CONFESSED PURSUANT TO WARRANT OF ATTY 0.00 2000/08/08 AFFIDAVIT RE: NON-CONSUMER CREDIT TRANSACTION 0.00 "~ - -. = . DOCKET ENTRIES 2000/08/08 AFFIDAVIT OF NON-MILITARY SERVICE 2000/08/08 AFFIDAVIT OF BUSINESS TRANSACTION 2000/08/08 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILED 2000/08/08 PRAECIPE FOR WRIT OF EXEC ON CONFESSED JUDGT TO SHF OF YORK CO 2000/08/08 WRIT OF EXECUTION ON A CONFESSED JUDGMENT 2000/09/15 JUDGMENT ENTERED AGAINST GARNISHEE PEOPLES STATE BANK FOR FAILURE TO FILE ANSWER 2000/09/15 AFFIDAVIT OF NON-MILITARY SERVICE 2000/09/15 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILED 2000/09/15 MOTION FOR ASSESSMENT OF DAMAGES AGST GARNISHEE PURSUANT TO RULE 3146 W/CERT OF SERVICE 2000/09/29 ATTACHMENT DISSOLVED AGAINST PEOPLES STATE BANK WITHOUT PREJUDICE W/CERT OF SERVICE THIS RECORD: TOTAL AMT. : .,1 ,-,~ I' .' jl:l~n- 0.00 0.00 0.00 23.00 0.00 14.25 0.00 0.00 0.00 5.00 15.75 90.50 ,".,~ 1 JUDGMENT INDEX FOR PARTY FARMERS & MERCHANTS FARMERS & MERCHANTS .".1 AGAINST PARTY TRUST GCW PROPERTIES INC TRUST WESNER, GARY C AMOUNT 907936.22 907936.22 '" . ^C DATE STAT - - 2000/08/08 A 2000/08/08 A =, "lIli_'" "'-, ~ ~ .... '. ~"- U N ~, b.. ' '1Itm~}c ~ I further certify that judgment was entered in favor of Farmer's & Merchant's Trust Co. of Chambersburgt and against GCW Properties, Inc. & Gary C. Wesner on the 8th day of November AD i@{ 2000 in said case in the amount of $907,036.22 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 16th day of November AD i@C 2000 ,~jdC?fih~ ?/:Ei& Prothonotary By ~/'L4~ld/E;;~ Deputv .,"-. 11'" "~ - " CLW In The Court of Common Pleas of York County, Pennsylvania 2000/11/30 FARMERS & MERCHANTS TRDST CO OF CHAMBERS BURG VS GCW PRPERTIES INC GARY C WESNER Case Number 2000 NO 01982 01 Case Type Conf. of Judgement APPEARANCES D 001 GCW PROPERTlES INC 96 S GEORGE STE 300 YORK PA UNREPRESENTED 17401 D 002 WESNER, GARY C 3065 BROOKFlELD DR YORK PA UNREPRESENTED 17404 G 001 PEOPLES STATE BANK 100 EKING ST EAST BERLIN PA UNREPRESENTED 17316 POOl FARMERS & MERCHANTS TRUST CO OF CRA DIETTERICK, SCOTT A PO BOX T 20 S MAIN ST CHAMBERS BURG PA 17201 -, '~ ,~ " :';4 DOCKET ENTRIES i'J ,<'1 .: '), ,'.,~ 0 '"tl, i \! ~ ;!'< " !li> i: "! l~! ;,~tl :,',,~ ,,' j' .,;, ".,' 2000/08/08 COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE DATED 12/4/98 IN THE AMT OF 907,936.22 2000/08/08 JUDGT CONFESSED PURSU.~~T TO W~R~~~T OF ATTY 2000/08/08 AFFIDAVIT RE: NON-CONSUMER CREDIT TRANSACTION 2000/08/08 AFFIDAVIT OF NON-MILITARY SERVICE 2000/08/08 AFFIDAVIT OF BUSINESS TRANSACTION 2000/08/08 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILED 32.50 0099 0018 0.00 0099 0018 0.00 0099 0018 0.00 0099 0018 0.00 0099 0018 0.00 0099 0018 :-,,", 1JlIli:>ll_~" , , , ~. -~ - ,.., CLW In The Court of Common Pleas of York County, Pennsylvania 2000/11/30 FARMERS & MERCHANTS TRUST CO OF CHAMBERSBURG VS GCW PRPERTIES INC GARY C WESNER Case Number 2000 NO 01982 01 Case Type Conf. of Judgement DOCKET ENTRIES 2000/08/08 PRAECIPE FOR WRIT OF EXEC ON CONFESSED JUDGT TO SHF OF YORK CO 0098 0679 23.00 2000/08/08 WRIT OF EXECUTION ON A CONFESSED JUDGMENT 0.00 0000 0000 2000/09/15 JUDGMENT ENTERED AGAINST GARNISHEE PBOPLES STATE BANK FOR FAILURE TO FILE ANSWER 14.25 0115 0627 2000/09/15 AFFIDAVIT OF NON-MILITARY SERVICE 0.00 0115 0627 2000/09/15 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILED 0.00 0115 0627 0.00 0115 0628 5.00 0120 0528 2000/09/15 MOTION FOR ASSESSMENT OF DAMAGES AGST GARNISHEE PURSUANT TO RULE 3146 W/CERT OF SERVICE 2000/09/29 ATTACHMENT DISSOLVED AGAINST PEOPLES STATE BANK WITHOUT PREJUDICE W/CERT OF SERVICE ** END o F CAS E P R I N T 0 U T ** (PROTR10 ) lii~~!i!Hl:~trm!lli1~i'IF~~m<i.ffirj~~!;\;r~it<~!ilimi<<~~k'ts-~;C-'''~",,,,c,,u-,,-,':."-'-)'" ."--"(;",;.-J;!E,jki~~k!li.:J! ll'I.lt'w-':'''':';''~~ ti .!.I~"'i~mmBli'lI~[ !WI ~-~ ~ ~ B "' ~ & \J ~ -{) , ~ I' ~ ~ ~~C-1 t t fl--, ~ . o. J~ 0_ " ".>. ,_"""",~~, . J;,,,~ ". ~ . I (") c ~ ""Om mrr' z;:ri z.c- W.$c' -<L~ ~o )>0 Zn J>C z =< . UI.!IJ 'I I I c::> o o ", ,-, I <J1 o " ::;:! 612! ~~' 9i"5 dm """ 55 -< "'" ::1: 5 w a> "- .' ~- " "-'d_ ~ _ "" ;0,"-,," , ~, " IN THE axJRI' OF C(MO>I PLEAS OF CtM3ERLI\ND COUNl'Y, PENNSYLVANIA CIVIL DIVISION FAnners and Merchants Trust Company of Chambersburg, Plaintiff vs. GCW Properties, Inc. and Gary C. WEsner, Defendants File No. 00-8425 Amount Due $907,936.22 Interest $42,940.80 from 7/24/00 to date of ;;dl" @ $176.~2 J..!"L Jl""" Atty's Corrm Costs TO THE PRCYIHONOrARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail install.rrent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECl1I'ION Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See attached Exhibit "A" PRAECIPE FOR ATTACfII1ENT EXECl1I'ION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant (s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the d fendant(s) described in the attached e b't. DA'IE: rz( Signature: ESquire Print Name: Address: P.O. Box 650 Hershey, PA 17033 Attorney for: Telephone: Supreme Court ID No.: Plaintiff 717-533-3280 55650 -I" ~ -. " -.k.. _"7'",~_"~~,,,.:.:-",;,, ."., '_' ~. , , ." Certification I certify that: (a) This praecipe is based upon a judgment entered by confession, and (b) Notice was served in connection with a prior execution on this judgment and, pursuant to Rille 2958.4(b), no further notice is required. Scott f\. ietterick, Esquire Attorney for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 '---Jd"_-'i:'~_~~~-"___-,;....:,F.,C"",_, ,~, - Mi,) - . LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, and being more particularly bOU119ed and described as follows: ' ' ' I BEGINNING at a stake at the southerly line of the right-of-way of Interstate Route 81 and lands now or formerly of Mary Ann Brunner; THENCE along the lands now or formerly of Mary Ann Brunner, South 32013'40" West 2353.59 feet to a point on the line of lands now or formerly of Roy Funk; TIlENCE along the line now or formerty of Roy Funk, North 71024'10" West 660.12 feet to a spike in the center of L.R. 21006; THENCE along the centerline of L.R. 21006 the following bearings: North 44013'30" West 131.93 feet; North 26057'30" West 101 feet; North 19028'40" West 176.55 feet; and North 1308~44n West 324.23",feet to the soVtherly line of US Interstate Route 81; THENCE along me southerly line of US Interstate Route 81, North 58018'50" East 330.19 feet to a stake; THENCE still along the southerly line 'of US Interstate Route 81, by a curve to the right with a radius of 11,329.19 feet, an arc distance of 1593.50 feet toa stake;' THENCE still by the southerly lin~ of US Interstate Route 81, North 66022'22" East 502.06 feet to a stake, the'point and-place of BEGINNING. BEING the same premises which David E. Herrick and Brenda 1. Herrick, by Deed dat~d December 4, 1998 and recorded on December 8, 1998 in and for Cumberland County, m Deed Book 190, Page 745 granted and conveyed unto GCW Properties, Inc. Parcel No. 39-12-0324-010 >~-:"--,--,~,,, !~~_!!i!l!i@i~II>>~il/,ij p;:>::::. r ~. ~ o ~d ...... J ~ ~" <XI ~o _, _''-'''.iJ '~""'~-'i'"t'i;;"""~,"_,,,""~'C!;';"";''';:'i)il)jfI~~ ~-'<t 'I ~ ~~ 8 ~ f:-~ j ~L<<. ~.,~_. ~_,_~".~~^,'= ~~.M ;.."-,-,,,,-.~. ':'-11- -<::. ~ tv 8 ~~ (3 B l f ... , ... '- . ... ... ~ , , "' ""' U-'l'j ~. ......~.....~'"""-~ '&0 . 0 & a 1~ ~ ~ ~~ 'H () c -- -o~;:. rnrY; 2:_:7,1 Zr;;;,' (J)< ;:'i;'S <-.....~r ~c ;;;;0 .J>c z =< . , . q o a f11 C-) ~4 -~ - --'1", ;,1<:1 , -;p:] "i r - J~_:,} ~~~~ ',_J' ~ 5J -< C0 "0 &:" U1 ~ - -n. , . ~' - "'-e'"",-, "";c_~ ,-,,,., =,e.,:"_,,,-" ,"",;_,'~h,,,-,:';<,..,;,; -.,-,' ~'~"fl1f~_; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 00-8425 vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Farmers and Merchants Trust Company of Chambersburg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at Indian Springs Manor Mobile Home Park, Kline Road, Shippensburg, Cumberland County, Pennsylvania 17257: 1. Name and Address ofOwner(s) or Reputed Owner(s): GCW PROPERTIES, INC. 96 South George Street York,PA 17401 2. Name and Address of Defendant(s) in the Judgment: GCW PROPERTIES, INC. 96 South George Street York,PA 17401 GARYC. WESNER 3065 Brookfield Drive York, PA 17404 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST COMPANYOFCHAMBERSBURG Plaintiff .-'"' ,<> "' c , --,'--' "",.,',.",- ,,""'e._,-.~ ,-" .,. ,-" " . ',',- -, -; ,;",,"';'-,,-,_:, ,,;;,,,~.,;,;, .' .' -.',,,,. ',< 4. Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff BARLEY, SNYDER, SENFT, COHEN LLC 100 E. Main Street York,PA 17401 ROBERT V. GOTHEIR, SR. 1000 N. Front Street, Suite 500 Wormleysburg, PA 17043 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ,..;<1.' ,- ,", q-,-,,-~--l'_'-;"~,_..~,;;_ ",,-,", 'do "'_'_"'~'_~'iW_",_~;&"",.- ~, '"i',,",,;,~;;,_:_, ,-_..-'<"_, '> _ .";._ . I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. JAMES, SMIT DATED: I Z f,'1joo f BY: Scott A Dietterick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~~~j~OI;""''''_f..''~~~ii~illU~--';',o.':'''-<'-'' ,,,~-," ;.." ~-,,,,,,,-"';,"~--,, ":';-, ~. ~,-~_. I.~,. """ _~ I, _,_,^ '-,_~, ,j,c. ._. ".'....l , ~,-~"""... - -, '." -~,- , -,-=- " CO) C) C 0 ~n ~ :::J --: 'leD \,"1' 'T, n if: (, ~ Z::o z r;:: ~_.- ;~ (fJ <..J !'-'~ -< -;> h r. f5 ~~'l \_~, '< --,:J -j' ~8 ~C) 3:: /c~ '--" Ct -0 ,..--; no: Pc ~ Z c- T:::- -l ~o -< ()1 -< ". ""..... ,~ -I _". ~, ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 00-8425 vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 GCW Properties, Inc. 96 S. George Street, Suite 300 York,PA 17401 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: Indian Springs Manor Mobile Home Park Kline Road Shippensburg, P A 17257 Cumberland County ",-I _l . ~, ./ The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-8425 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: GCW Properties, Inc. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cwnberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 I~' ' ~~ -~ .:.r ,-.,~,_ ,H - ...:--, " THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMIT DURKIN & CONNELLY LLP DATED: rz,! n/ r)fJ BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 "";',_1 LEGAL DESCRlPTION ALL '!HAT CERTAIN tract .of land situate in South~mpton Township, Cumberland County, Commonwealth of Pennsylvama, and being morepartlcularly boUP.9ed and described as follows: I BEGINNING at a, stake at the southerly line of the right-of-way of Interstate Route 81 and lands now or formerly of Mary Ann Brunner; THENCE along the lands now or formerly of Mary Ann Brunner, South 32013'40" West 2353.59 feet to a point on the line of lands now or formerly of Roy Funk; 'TIIENCE along the line now or formeriy of Roy Funk, North 71024'10" West 660.12 feet to a spike in the center of L.R. 21006; THENCE along the centerline of L.R. 21006 the following bearings: North 44013'30" West 131.93 feet; North 26051'30" West 101 feet; North 19028'40" West 176.55 feet; and North 1308'44" West 324.23 feet to the southerly line of US Interstate Route 81' , THENCE along the southerly line of US Interstate Route 81, North 58018'50" East 330.19 feet to a stake; THENCE still along the southerly line 'of US Interstate Route 81, by a curve to the right with a radius of 11,329.19 feet, an arc distance of 1593.50 feet toa stake;' THENCE still by the southerly line of US Interstate Route 81,North66022'22" East 502,06 feet to a stake, the point and place of BEGINNING. BEING the same premises which David E. Herrick and Brenda J. Herrick, by Deed da~ed December 4, 1998 and recorded on December 8, 1998 in and for Cumberland County, m Deed Book 190, Page 745 granted and conveyed unto GCW Pronerties I 1"' , TIC. Parcel No. 39-12-0324-010 1lf~;i!lJi~&fM:Jjl"jj!-~~,;~'I;:li;j;l!f~~ii!t,'Md"<lihiillma~~;;;f"~~::;:-"\Z","J.-,"~,"""i'i\c'd~''''~''~ "',:1i"'t,,~.;i!)F,},i~il!~~fl6f,lIila .~'"".!. J nl 1_1IIIII!1,.~_I,>,~", _, _b'..~_.""r'"'~'"~1_ .... I,. ~=~_. ...ja~ilI!l' lilT liIlIIi'f -, 11 <:) C LJfr; me' z." z,:: ~".: r::C) '- . ;]:c'c. z:c~ >.~ ~ '~. o--~""" ~~ L; , o e, el 1"'-1 ("") ~ ,-,"~ --'I -"I G.' - -'r"\ -,'~:j ~~ S'~) ~'JiS ,.) \ ,-< c_ =0 -< ~~j; <:- en . '*'l~n . ./ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 00-8425 vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Gary C. Wesner 3065 Brookfield Drive York,PA 17404 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: Indian Springs Manor Mobile Home Park Kline Road Shippensburg, P A 17257 Cumberland County -. ~ - I . c' -. ~ - The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-8425 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: GCW Properties, Inc. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part ofthe proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 .0' =__ DATED: :,.1. '- .~. ",---,~- '" '. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP ,uln/ Or) , BY: Scott A. ietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ';"'-1 .-'-' 1.- 'c LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, and being more particularly boup~ed and described as follows: . ' ' I BEGINNING at a stake at the southerly line of the right-of-way of Interstate Route 81 and lands now or formerly of Mary Ann Brunner; THENCE along the lands now or formerly of Mary Ann Brunner, South 32013'40" West 2353.59 feet to a point on the line of lands now or formerly of Roy Funk; THENCE along the line now or formerly of Roy Funk, North 71024'10" West 660.12 feet C to a spike in the center of L.R. 21006; THENCE along the centerline of L.R. 21006 the following bearings: North 44013'30" West 131.93 feet; North 26057'30" West 101 feet; North 19028'40" West 176.55 feet; and North 1308'44" West 324.23 feet to the southerly line of US Interstate Route 81; THENCE along the southerly line of US Interstate Route 81, North 58018'50" East 330.19 feet to a stake; THENCE still along the southerly line 'of tJS Interstate Route 81, by a curve to the right with a radius of 11,329.19 feet, an arc distance of 1593.50 feet toa stake; . THENCE still by the southerly line of US Interstate Route 81, North 66022'22" East 502.06 feet to a stake, the point and place of BEGINNING. BEING the same premises which David E. Herrick and Brenda J. Herrick, by Deed dat.ed December 4,1998 and recorded on December 8, 1998 in and for Cumberland County, m Deed Book 190, Page 745 granted and conveyed unto GCW Properties I , nc. Parcel No. 39-12-0324-010 ~~~~lim!f~l!f~il_l~~"tli~ti"0~'1.-M,:;"':,~,.}1!;~"-"",,,,,,.ii',i.41("""'1lt.~Ii!i:O:.IIl:.,iltiI.~ ~,-~ ,;;; "r r u-.iltu-Jj ,~, . ,C~ iltJLlJ;;\l: 1 U\lJIL kU\,ll. ~"c""tT.,,,,.,,.liI,,,,lL. "",,, '''''c,J,. 'c, ... ,,_ "c" " 'L 0 (.::;'J. C c:" 0 "'\'):0;: +i"j [f t::l mr'" r'" ~e C) -" -- ~ (IJ '"' (,..,;, , -<"7 rf':;; ?"S,.l ~I " ---' ~ J )0."" " {',''):d Z"-J -". ~n ?:~ f;-~ Pc 2: ~ -J C- ""'~- -< en _u -< " -- . '~ "-~ . -~ ~--" ii, Ii ti- e' ~: ii, I' I" ie Ii' r,! fl' i, ei :1 .:, ;' iii i:' ii' I" rv ii~: 'II iff , :: , ::~ !!:: ',e , I:: i'" i~ !'; ~: "i- il il I: Ii i' i' i. , i" " i'- Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06- - doJ T~ vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Gary C. Wesner ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or I Ie i 1,- i;: ii ii 'Ii Judgment was entered in the above captioned proceeding on 0>(" !;. .;tood . ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $907,936.22 , ~ -~ ." ,,' ~. 'c 1.' "~,'" ".""", ~".' '.hi '" ~I' .,~c--.c.-..,>,,,,' "'~ ' , i.IfL'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: CO- c;w~ (';~ vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: GCW Properties, Inc. ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on~(" - !;{ ;2000 ( ) A copy of the Order or Decree is enclosed, or (XXX). The judgment is as follows: $907,936.22 '--- LA /M,J ~ p 7J;(7?~ Deputy ~ "'II << ,i-',~ (\:J '--, '\~\ j . '- '. I ._, ~ ,. ^ -. _;." ,,_", ' "-J"& ., @J IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYL VANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO,: f1JYJ . NO 01982 .01 vs. ISSUE NO.: GCW PROPERTIES, INe. and GARY C. WESNER, TYPE OF PLEADING: Defendants. CML ACTION - COMPLAINT IN CONFESSION OF JUDGMENT CODE- I hereby certify that the address of Plaintiff is: FILE ON BEHALF OF: P.O. Box "T", 20 South Main Street Chambersburg, PA 17201 Farmers and Merchants Trust Company of Chambersburg, Plaintiff and COUNSEL OF RECORD FOR THIS PARTY: the last known address of Defendant is: GCW Properties, 10(. 96 South George Street, Suite 300, York, PA 17401 Gary C. Wesner 3065 Brookfield Drive, Yor~ PA 17404 Scott A. Dietterick, Esquire PA ID #55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ;......l :;:::,) c:::. C:::,J ~~';"'> JAMES, SMITH, DURKIN & CONNELLY LLP ,".\ , .1 (-:-1 :, -''"'- .--J By: , . , .iJ-", , ~ ~. ."" 1',.:',' '/~!:.t , " ('",." :.v;j!JOJ.J.}) "'>G C,s;; ,ii, (>;",:",""');'''~'C\ "clf~~:f.{;::ij"~'~i,,."::I " ioWG..~'" t "." c':-:~ -t:)7\...____ ~-'l. ~C~::;~_.,~h"~~ w ilii&~ (!, ~_c,~tt A. Dietterick, Esquire Attorneys for Plaintiff 222090990018 ~F"'" ''':',cL , . " "~. 'c '.-- .JiW_I'--_,~ " -"~ir .. "\ IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYL VANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes Farmers and Merchants Trust Company of Chambersburg, Plaintiff, by and through its attorneys, James, Smith, Durkin & Connelly LLP, and files this Complaint in Confession of Judgment as follows: I. Farmers and Merchants Trust Company of Chambersbsurg is a fmancial institution existing under the laws of the United States of America, with its principal place of business located at P.O. Box "T", 20 South Main Street, Chambersburg, Pennsylvania 17201. 2. ~ t""':"J Defendant, Gary C. Wesner, ("Defendant Wesner") is an adult individual who~ :~~ last known address is 3065 Brookfield Drive, York, Pennsylvania 17404. 3. Defendant, GCW Properties, Inc. ("Defendant GCW") is a Pennsylvania corporation with its principal place of business located at 96 South George Street, Suite 300, York, Pennsylvania 17401. 4. On or about December 4, 1998, Defendant GCW executed and delivered a certain Promissory Note in favor of Plaintiff in the origin~ount of $750,000.00 ("$750,000.00 Note"), which Note authorized the confession of judgment against Defendant ,\ -n ,'] ;': -" " -' ({, ~ ~"., 'n, . i . .',' J- ,. ~' ~ frj ~ < GCW. A copy of said Note, which copy is a true and correct reproduction of the original $750,000.00 Note, is marked Exhibit "A", attached hereto and made apart hereof. 5. On or about December 4, 1998, as security for the $750,000.00 Note, Defendant Wesner executed and delivered a certain Commercial Guaranty in favor of Plaintiff ("$750,000.00 Guaranty") wherein Defendant Wesner absolutely and unconditionally guaranteed payment and performance under the $750,000.00 Note, which Guaranty authorized the confession of judgment against Defendant Wesner. A true and correct copy of said $750,000.00 Guaranty, which copy is a true and correct reproduction of the original $750,000.00 Guaranty, is marked Exhibit "13", attached hereto and made a part hereof. 6. On or about December 4, 1998, Defendant GCW, executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of $50,000.00 ("$50,000.00 Note"), which Note authorized the confession of judgment against Defendant GCW. A copy of said Note, which copy is a true and correct reproduction of the original $85,000.00 Note, is marked Exhibit "COO, attached hereto and made a part hereof. 7. On or about December 4, 1998, as security for the $50,000.00 Note, Defendant Wesner executed and delivered a certain Commercial Guaranty in favor of Plaintiff ("$50,000.00 Guaranty") wherein Defendant Wesner absolutely and unconditionally guaranteed payment and performance under the $50,000.00 Note, which Guaranty authorized the confession of judgment against Defendant Wesner. A true and correct copy of said $50,000.00 Guaranty, which copy is a true and correct reproduction of the original $50,000.00 Guaranty, is marked Exhibit "D", attached hereto and made a part hereof. 222090990018 "",I I'.. '~ !jj,iW'2. ~ " COUNT I CONFESSION OF JUDGMENT UNDER $750,000.00 NOTE AND $750.000.00 GUARANTY 8. Plaintiff hereby incorporates by reference its averments in Paragraphs 1 through 7 as if set forth fully herein. 9. Neither the $750,000.00 Note nor the $750,000.00 Guaranty has been released, transferred or assigned. 10. Judgment has not been entered against the Defendants on either the $750,000.00 Note or $750,000,00 Guaranty in any jurisdiction. 11. Both the aforesaid $750,000.00 Note and $750,000.00 Guaranty authorize the entry of judgment without default thereon or the occurrence of a condition precedent. . 12. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 13. The itemization of the amount due, including interest and attorneys' fees as authorized by the $750,000.00 Note and $750,000,00 Guaranty, is as follows: Principal Interest to 7/24/00 Attorneys' Fees and Costs (10% of the total amount due) $745,772.38 $ 24,073.52 $ 77.463.65 TOTAL $852,100.16 with interest on the principal sum ($745,772.38) from July 24, 2000 at $165.73 per diem. WHEREFORE, Plaintiff as authorized by the warrants of attorney contained in the $750,000,00 Note and the $750,000.00 Guaranty, demands judgment against the Defendants in the amount of$852,100.16 with interest on the principal sum from July 24, 2000 at $165.73 per diem. mO~0990018 ,.-- -" , l~J~, >10"1 ~ , ".-,. , m~ '.> . , COUNT II CONFESSION OF JUDGMENT UNDER $50.000.00 NOTE AND $50.000.00 GUARANTY 14. Plaintiff hereby incorporates by reference its averments in Paragraphs I through 13 as if set forth fully herein. 15. Neither the $50,000.00 Note nor the $50,000.00 Guaranty has been released, transferred or assigned. 16. Judgment has not been entered against the Defendants on either the $50,000.00 Note or $50,000.00 Guaranty in any jurisdiction. 17. Both the aforesaid $50,000.00 Note and $50,000.00 Guaranty authorize the entry of judgment without default thereon or the occurrence of a condition precedent. 18. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 19. The itemization of the amount due, including interest and attorneys' fees as authorized by the $50,000.00 Note and $50,000.00 Guaranty, is as follows: Principal Interest to 7/24/00 Late Charges Attorneys' Fees and Costs (10% of the total amount due) $50,000.00 $ 696.02 $ 64.03 $ 5.076.01 TOTAL $55,836.06 with.interest on the principal sum ($50;000.00) from July 24, 2000 at $13.19 per diem. WHEREFORE, Plaintiff as authorized by the warrants of attorney contained in the $50,000.00 Note and the $50,000.00 Guaranty, demands judgment against the Defendants in the amount of $55,836.06 with interest on the principal sum from July 24, 2000 at $13.19 per diem. 222090990018 ,-"~. 1 " . ~", "'<.' , ' '..!il.'~~ < , WHEREFORE, Plaintiff, as authorized by the warrants of attorney contained in the $750,000.00 Note, $750,000.00 Guaranty, $50,000.00 N. ote and $50,000.00 Guaranty, demands , . judgment in its favor and against Defendants in the total sum of $907,936.22 with interest on the principal sums ($795,772.38) from July 24, 2000 at $178.92 per diem, and brings said instrument to Court to recover the said sum. Dated: <( P-f 00 TH, DURKIN & CONNELLY LLP By: Scott A. Die erick, Esquire PA ID #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 222090990018 . "'" ." '-"'. ,I " , IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYL VANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, CIVIL DIVISION NO.: vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. CONFESSION OF JUDGMENT ',-"','d "&1' Pursuant to the authority in the Warrant of Attorney contained in the aforesaid 750,000.00 Note and $50,000.00 Note, copies of which are attached to the Complaint filed in this action, 1 appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants as follows: $750,000.00 Note and Guaranty $745,772.38 $ 24,073.52 $ 77.463.65 Principal Interest to 7/24/00 Attorneys' Fees and Costs (10% of the total amount due) SUB-TOTAL $852,100.16 with interest on the principal sum ($745,772.38) from July 24, 2000 at $165.73 per diem. $50,000.00 Note and Guaranty $50,000.00 $ 696.02 $ 64.03 $ 5.076.01 Principal Interest to 7/24/00 Late Charges Attorneys' Fees and Costs (10% of the total amount due) SUB-TOTAL $55,836.06 with interest on the principal sum ($50,000.00) from July 24, 2000 at $13.19 per diem. ._ _ GRAND TOTAL $907,936.22 with interest on the principal sums ($795,772.38) from July 24, 2000 at $178.92 per diem JAMES, ,S By: Scott A. .ettenc , Es uire PAID #55650 Atto~ant. Pro Hh~~lt!l:~~VV 10 & CONNELLY LLP '" ~ "'" ~, (;~ ~;::,.... ::;:;;:. S " ~ ~~.," . (.;- 7, l--V:I'~ .~:' , . IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYL VANIA FARMERS AND MEn.CHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN I, Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff, Eastern Savings Bank, FSB, hereby certify, subject to the penalties of 18 Pa.C.SA ~4904, that ::=.. Defendant, Gary C. Wesner, is not in the military service of the United States of America to the B~ ,,,~ T~ best of my knowledge, information and belief. it Iii , I,'A', , ;' ,I )I;~, , //,(' / ,t- .;:.:.; J J./__/ Scott A!lDiett~rick, Esquire ~",,-- J -, "-" :0 ~~ --~i ;0 t~'-- . :.:,:~ ' ::') ...,...",.., J.? ~_./ ::'; - c,; .... c.n <J' SWORN TO AND SUBSCRIBED BEFORE ME THIS !)I/c! DAY OF al[~' G 1.1YI.(,~tL':(J.oJr- Notary Public ,2000. My Commission Expires: ' Ill) TA IH H' 1\v[ \lllCllEU.E aUOTT, HOWlY I'UBUC HUMMELSTOWN, DAUPHIN COUNTY, I'A _MY30MMISSI9.N. EXPIRES JUNE 9, - . . IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYL VANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. AFFIDAVIT OF BUSINESS TRANSACTION COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief the Note, the original or copy of which is attached to the Complaint filed in this action, was executed by the Defendants in conjunction with a business transaction, and was not executed for consumer or hlrus~h~~1l{oses. , 1i?ffit; . ,-' _/,~ Scott A.' Dretterick, Esquire . SWORN TO AND SUBSCRIBED BEFORE ME THIs.dr-d DAY OF Cl.ji.~ L;'vti~-id){. "i~~l( Notary Public .2000. MY COMMISSION EXPIRES: II 0 TA R I At 1t2U9.0 9 IIllCIIEUE aoorr, MOTAIlY P\IBI.IC IlUMIIELSTOWIl. DAUPHIN COUNTY. PA MY COMMISSION EXI'lRES JUNE g, 2008 .~" ,"'..:J .::';-..> '::"::> :;:-". ,'. , , 1 , ,-; <7;'; '" ,. , - '"I ".~-" . J ,l.' I, .' ~, IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYL V ANlA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION . Plaintiff, NO.: vs. GCW PROPERTIES, INC. and. GARY C. WESNER, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: () Plaintiff (X) Defendant - GCW PROPERTIES, INC. ( ) Additional Defendant(s) You are hereby notified that an Order, Decree or Judgment was entered in the B.g. iJuJJ above-captioned proceeding on ( ) A copy of the Order or Decree is as follows: or (X) The judgment is as follows: $907,936.22 with interest on the principal sum ($795,772.38) from July 24, 2000 at $178.92 per diem. ~GMw ~5 ':"') (;~;:! "1 ('b.l = ?:'. .") Prothonotary .. C"- 'J t'" , \_J ,. . " b.. , " m090 990018 c"= -~, . -< (} " llj-";::- ,_I ,.,1 L" : "I , . " . IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: () Plaintiff (X) Defendant - GARY C. WESNER ( ) Additional Defendant( s) You are hereby notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on 0 . B. 00 ( ) A copy of the Order or Decree is as follows: or (X) The judgment is as follows: $907,936.22 with interest on the principal sum ($795,772.38) from July 24,2000 at $178.92 per diem. "' ~'c1;, " ('-'):. &~ Prothonotary ~"- . - 222090990018 ]~":: ,.." ,::"':'J Co;::) t::.:;. ;~':;:;' ~?~ -'-':" ',~' i "'- "-"I , :0, il!m~hi " ,.' PROMISSORY NOTE References In the shaded area are for Lender's use only and do notllmil Ihe applicability of this document 10 an Borrower: GCW Properties, Inc. (TIN: 23-2787520) 96 Soulh George Street, Suite 300 York, PA 17401 Lender: FARMERS AND . MERCHANTS TRUST COMPANY OF CHAMBERSBURG MEMORIAL SQUARE OFFICE POST OFFICE BOX T 20 SOUTH MAIN STREET CHAMBERSBURG, PA 17201-0819 Principal Amount: $750,000.00 Date of Note: December 4,1998 PROMISE TO PAY. GCW Properties, Inc. ("Borrower") promtses to pay 10 FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG ("Lender"), or Order, In lawlul money of Ihe United Stales of Amerlca, the principal amount of Seven Hundred Filly Thousand & 001100 Doltars ($750,000.00), logether with Interest on the unpaid principal balance from December 4,1998, until paid in full. PAYMENT. Subject to any payment changes resulllng from changes In the Index, Borrower will pay this loan in accordance With the following payment schedule: < 12 consecullv~ monthly Interest paymenls, beginning January 1, 1999, with Interest catculated on the unpaid prlnclpal balances at an mterest rate of 8.000% per annum: 24 consecutive monthly prlncipal and Interest payments of $6462.94 each, beginning January 1, 2000, with Interest calculated on Ihe unpaid principal balances at an Interest rate of 8.000% per annum; 203 consecutive l110nthly principal and interest payments in the initial amount of $6,355.08 each, beginning January 1, 2002, with Interesl calculated on the unpaid prlnclpal balances at an lnlerest rate of 0.00 percentage points aver Ihe Index described below: lII1d 1 prlnctpal and inlerest payment In the Initial amount of $6,355.34 on December 1, 2018, with Interest calculated on Ihe unpaid prlncipal balances at an interest rate of 0.00 percentage points over the Index described below. This estimated final payment Is based on the assumpllon that all payments will be made exactly as schedUled and Ihat the Index does not change: the actual final payment will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. The annual interest rate for this Note Is computed on a 365/360 basis; that is, by applying Ihe ratio of the annual Interest rate over a year of 360 days. multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrUed unpaid interest, then to principal, and any remaining amount to any unpaid collecllon costs and late charges. VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from time to time based on changes in an independenl Index which is the New York Prime Rate as publiShed in the Wall Street Journal. When a range of rates has been published, the higher of the rates will be used (the "Indexj. The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each time there has been a change in the Index. The Index currently Is 7.750% per annum. The lnleresl rale or rales 10 be applied 10 Ihe unpaid principal balance of this Nole will be the rale or rales sel forth above In Ihe "Payment" secllon. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate ailowed by applicable law. Whenever increases cccur In the interest rale, Lender, at its option, may do one or 'more of the following: (a) Increase Borrowe~s payments to ensure Borrower's loan will payoff by Its original final maturily dale, (b) Increase Borrower's payments to cover accruing interest, (c) Increase the number of Borrower's payments, and (d) continue Borrower's payments at the same amount and Increase Borrower's final payment. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the dale oflhe loan and wiil not be SUbject to refund upon early payment (whether voluntary or as a result of default), except as otherwise reqUired by law. Except for the foregoing, Borrower may pay without penalty ali or a portion of the amount owed eariier Ihan it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule, Rather, they will reduce the principal balance due- and may result in Borrower making fewer payments. LATE CHARGE. If a payment Is 16 days or more lale, Borrower wiil be charged 6.000% of Ihe regularly scheduled paymen!. DEFAULT. Borrower will be In defaUlt if any of the follOWing happens: (aJ Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perlorm when due any other term, obligation, covenanl, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension 01 credit, securily agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligalions under this Note or any of the Relaled Documents. (d) Any representalion or statement made or furnished to Lender by Borrower or on Borrower's behalf Is false or misleading In any material respect either now or at the time made or furnished. (e) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (I) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security Interest. This inciudes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs In Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (i) Lender In good faith deems itself insecure. LENDER'S RIGHTS. . Upon default, ~ender may, after gMngsuch notices as required by applicable law, declare the entire unpaid principal balance on this Note and ali accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon defauil, inctudlng failure to pay upon final maturity, Lender, at its option, may aiso, if permitted under applicabie law, increase the variable interest rate on this Note by 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicabl'"' 1-:-", .. __..J_j i"l' hire or pay someone else to help collect this Note If Borrower does not pay. Borrower also will pay Lender that amount. This inci)~.(ll\IQjMtA~ Any limits under applicable law, Lender's att.orneys' fees and Lender's legal expenses whether or not there is a lawsuit, including aMrA<l\'i!'\If,y,jl;UQhlJlilegal expenses for bankruptcy proceedings (Including efforts to modily or vacate any automatic stay or inJunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also wlil pay any court costs, in addition to ali other sums provided by law. If judgment Is entered in connection with this Note. interest wiil continue tc accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment Is entered. This Note has been delivered 10 Lender and accepled by Lender In the Commonwealth of Pennsylvania. If Ihere Is a lawsuit, Borrower agrees upon Lender's requesl 10 submit 10 the Jurisdiction of the courls of Franklin County, the Commonwealth of Pennsylvania. This Nole shalt be governed by and conslrued In aCCOrdance with the laws of the Commonwealth of Pennsylvania. ,,[ ",'.1 . , ~,:----iJ__, ,~ J, __, "_*"~' ,. ,,' 12-04-1998 Loan No PROMISSORY NOTE (Continued) Page 2 DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a paymenl on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. Borrower grants to Lender a conlractual security Interesl in, and hereby assigns, conveys, delivers, pledges, and transfers 10 Lender all. Borrower's right, title and Interest In and 10, Borrower's accounts wilh Lender (whether ,checking, savings, or some other accounl), including without IImllatlon all accounts held Jointly with someone else end all accounts Borrower may open in. the fulure, excluding however all IRA and Keogh accounls, and all trust accounts for which the granl of a security Inlerest would \>e prohibited by law. Borrower aulhorizes Lender, to Ihe extenl permitted by applicable law, 10 charge or seloff all sums owing on Ihis Note againsl any and all such accounts. COLLATERAL. This Note is secured by a Mortgage and an Assignment of All Rents daled December 4, 1998, 10 Lender on real property localed in Cumberland County, Commonwealth of Pennsylvania, all the lerms and conditions of which are hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Nole without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly slaled in writing, no party who signs this Nole, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parftes agree thai Lender may renew or extend (repeatedly and fer any length of time) this loan, or release any party or guaranlor or collaleral; or Impair, fall to realize upon or perfect Lender's security Interesl in the collateral; and lake any other action deemed necessary by Lender wilhout the consenl of or notice to anyone. All such parftes also agree thai Lender ' may modify this loan without the consenl of or notice 10 anyone olher than Ihe party wilh whom the modifiCation is made. If any portion of this Note Is for any reason determined to be unenforceabie, it will not affect the enforceability of any other provisions of this Note. ,CONFESSION OF JUDGMENT. Borrower hereby irrevocably authorizes and empowers any attorney or the Prothonotary or Clerk of any Court in the' Commonwealth of Pennsylvania, or -elsewhere. to appear at any time for Borrower, and with or without complaint filed, as of any term. confess or enter judgment against Borrower for Ihe entire principal balance of Ihis Note and all accrued Interest, logether with costs of suit, and an attorney's commission of len percent (10%) of the unpaid principal balance and accrued interest for collection, but In any event not iess than Five Hundred Dollars ($500); and for so doing, this Nole or a copy of Ihis Note verified by affidavil shall be sufficient warrant. The authority granted in this Nole 10 confess judgment against Borrower shall nol be exhausted by any exercise of thai authority, but shall continue from time to time and at all times until paymenl in filII of all amounls due under this Nole. PRtOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. ' THIS NOTE HAS BlOEN SIGNED AND SEALED BY THE UNDERSIGNED. ATTEST: ~ ILl..- m~~t~1~~~f~~W1~mf.t~~~~{~~~~t~.*~~~t~~~W~~~tlm~~i~~~I'{~~~~~~~~~~~~~~ttt.t~~t~11i~~~j~~~~ Secretary or ASSistant Secretary ( Corporate Seal ) LENDER: C:~ND MlORCHANTS TRUST ~OMPANY OF CHAMBERSBURG : ~~ (}iA~J-/ Authorized Ollleer P' LASER PRO, Reg. U.S. Pat. & T.M. Off'J Ver. 3.25 (C) 1998 CFI ProServices, Inc. All rlgntsreserved. [PA 020 GCWPROP1.LN C26.0VLj Variable Rate. IrregUlar. 222090990018. ~ " . .~j ~'~,;,~ i. '0. -~- "~'-.,,> ~ 'l COMMERCIAL GUARANTY Borrower: Gew Properties, Inc:. (TIN: 23-2787520) 96 South George Street, Sulle 3QO York. PA 17401. Lender: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG MEMORIAL SQUARE OFFICE POST OFFICE BOX T 20 SOUTH MAIN STREET CHAMBERSBURG, PA 17201-0819 Guarantor: Gary C. Wesner 3065 Brookfield Drive York, PA 17404 AMOUNT OF GUARANTY. Tbe amount of this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Gary C. Wesner ("Guarantor") absolutely and uncondlUonalJy guarantees and promises to pay to FARMERS AND MERCHANTS TRUST COMPANY OF Cl-lAMBERSBURG ('Lender") or Its order In legal tender Of the United Slales of America, the Indebtedness (as fhallerm Is defined belOW) of ClCW Properties. Inc. ("Borrower") to l~nd~r on Ute renns and condltlons set forth hi 1M. Guaranty. Under this Guaranty, the Ifablfffy of Guarantor is unlimited and the obllgallons of Guarantor are conUnulng. DEFINITIONS. The following words shall have the following meanings when used In this Guaranty:. Borrower. The word "Borrower" means GCW Properlles,lnc.. Guarantor. The word "GlJafsntot'mea.ns Gal)' C. Wesner. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit at Lender dated December 4, 1900. Indebtedness. The word "Indebtedness" Is used in its most comprehensive sansa and means and Includes any and all of Borrower's Uabllltles, obligations. debts, and'indebtedness 10 Lender, now existing or hereinafter Incllrred or created, InclUding, without Ilmllation, slllcan$, advances, Interest, costs, debts, overdraft Indebtedness, credit card Indebtedness, lease obligations, other obligations, and lIabllUles of Borrower, or any of them, and any present or future judgmenfs against Borrow-er, or any of them; and whether a.ny such lndebledness fs vOlunlarlly or (nvoluntardy Incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined: whether Borrower may be !lable individually or jointly wlth olhers, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebledness may be or may become barred cr unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transaclions which may be voidable on account of infancy, Insanity, ultra vires. or otherwise. Lender. The word "Lander" means FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG. Its successors and assigns. Related Documents. The words "Related Documenls" mean and Include without limitation all proml$SOry no'tas, credit agreements, loan agreem$nts, environmental agreements, guaranties, security agreemenls, mortgages, deeds of trust, and aU olher Instruments, agreements and documents, whether now or hereafter existing, executed In connecllon wilh the Indebtedness. NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and conllnuQUS for so long as this Guaranty remains in force. Guarantor Inlends 10 guarantee at allllm8$ the performance and prompt payment when due, whether al maturity or earlier by reason of acceleration or otherwise, of all Indebtedness. Accordingly. no paymenls made upon the Indebtedness will discharge or diminish the conUnuing liabUlty of Guarantor In connecllon with any remaining portions of the Indebtedness or any of 'the Indebtedness which subsequently arises or is thereafter Incurred or contracled. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lander, or any notice to Guarantor or 10 Borrower, and wiU continue in fuU force until an Indebtedness Incurred or contracted before receipt by lender of any nolice of revocation shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so In writing. Guarantor's written notice of revocation must be mailed to lender. by certified mail, at the address of lender listed above or such other place as Lender may designate In writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after aelual receipt by lender of Guarantor's written revocation. For thfs purpose and withoulllmltatlon, the term "new Indebtedness" does not Include Indebtedness which at the lime of notice of revocation is contingent, unliquidated, undetermined or not due and which later beoomes absolute, liquidated, determined or due. This Guaranty will conllnue to bind Guarantor for all Indebtedness incurred by Borrower or commifled by Lender prior to receipt of Guarantor's wrltIen notice of revocation, Including any extensions, renewals, subslltulions or modifications of the Indebtedness. All renewels, eXIenslons. subslitulloos, and modlflcallons of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be oonsldered to be new Indebtedness. This Guaranty shall bind the estate 01 Guarantor as to Indebledness created both before and after the death or Incapacity of Guarantor, regardless 01 Lender's actual notice of Guarantor's death. SUbJecJ to the forego-lng, Guarantor's executor or admlnistmtor or oth$t JegaJ representative may termInate nus Guaranly in the same manner In which Guarantor might have terminated It and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the lIablllty of Guarantor under this Guaranty. A revocation received by Lendar from anyone or more Guarantors shall not affeot the liability of any remaining Guarantors under this Guaranty. II Is anticipated that Ductuaflons may occur in the aggregate amount of Indebtedness covered by this Guaranty, and It Is speelflcally aCknowtedged and agreed by Guarantor that reducllons in the amount-of Indebtedness, even to zero dollars ($0.00), prior to writlen revocaDon of this Guaranty by Guarantor shall,not constitute a termination of thIs Guaranty. This Guaranty Is binding upon Guarantor and Guarantors heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even Ihough the Indebtedness guaranteed may from Ume 10 Ume be:zero dqllars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor aulhorlzes Lender, either before or after any revocation hereof, without noUce or demand and without lessening Guarantor's liability under Ihls Guaranty, from time to lime: (a) prfor 10 revocation as set forth above, to make one or mOfe addlUonal secured or unsecured loans to Borrower, 10 lease equipment or olher goods to Borrower, or otherwise to extend addlUonal credlt ro Borrower; (b) fo alter. compromise. renew, extend, accelerate, or otherwIse Change one or more fEmes 100 time for payment or other terms or the Indebtedness or any part or the Indebtedness, Including Increases and decreases of the rate 01 Interest on the IndebtedneSSj extensions may be repealed and may be for longer than the orfglnalloan term; (c) to take and hold. seCUrity for the payment of Ihls Guaranty or the Indebtedness, and exchange, enforce, waive, SUbordinate, fatl or decide not to perfect, and release any such secUrity, wlth-or WIlhout the sub:stlluUon or new collateral; (d) to release, sUbstitute, agree not to sue, or deal wllh any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose; (e) to determine hOW, when and what application of payments and credUs shall be made on the- Indebtedness; (f) (0 apply such security and direct tile order or manner of sal., thereof, Including without limitation, any nonJudlclal.saIe permitted by the terms of the controlling seCl,lrlty agreement or deed of trust, as Lender In Its discretion may determine; (g) to seU, transfer, assign, or grant partIcipations In all or any part or the Indebtedness; and (h) to assign or transfer this Guaranty In whole or In part. GUARANJOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations; of agreements of any kit1d have been made to Guarantor whlcn would limit or qualify In any way the terms of this Guaranty; {b) this (iuaranly)s exsauted at Borrower's request and not at the request of Lender; (c) Guarantor has full power, right and authority 10 enlar into this Guarilnty; (d) the provisionS-Of this Guaranty do not conflict with or result In a default under any agreement or other instrument bInding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will nol, without the prior written consent of Lender. seU,lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or SUbstantially all of Guarantor's assets, or any interest therein; (f) upon Lender's request, Guarantor will provide to Lender financial and credit Information in form acceptable to Lender, and all !Such financial Information Which currently has been. and all future financlallnformallon which wUl,ba provided to Lender Is ant! wm be true and correct In all material respects and 'falrly present the financial condlllon of Guarantor as of the dates the financial Information Is provided; (g) no material adverse change has occurred In Guarantor's financIal condition since the dale of the most recenl financial ....~- -.. d'" ,'" 'r Lender and no avent has occurred which may materially adversely affect ~uarantor's financial c~ndillon; (h) no Iitigatlon,~tiMllcnWlf'jtt'inrs~rallve proceeding or similar action (I~cluding those for Unpaid taxes) against Guarantor is pendlOg or threatened; (I) Len e,1W",~ntation to Guarantor as to the credltworthmess of Borrower; and Ol Guarantor has established adequate means of oblalnlng ro orrower,on a continUing basis Information regarding Borrower's financial condition. Guarantor agrees to keep adequately Informed from such means of any feels. events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no Obligation to disclose to Guarantor any Information or documents acquired by Lender in the course of its relationship with BorrOWer. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) 10 continue lending money or to extend other credit to BQrroweri (b) 10 make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral. or notice of any acllon or nonactlon on the part of Borrower, Lender, any surety, endorser, -')f other guarantor In connectlon with the Indebtedness or In connection with the creation of naw or additional loans or obllgations; (C) to resort for ~h._II~lllliliiililll~~lllll;~"'Ii--~ - , ""~","~lMu ~' ~~,~~. Ulrl,. " 12-04-1998 Loan No COMMERCIAL GUARANTY (Continued) Page 2 , . . payment or to proceed directly or at once against any person, including Borrower or any other guarantor: (d) 10 proceed directly agalnsl or exhaust any co.nateral held by Lender from Borrower, any other, gU!l!"antor, or any olher person; (e) to give notice of the terms, time, and place of any public or pnvata sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (f) to pursue any olher remedy within lenders power; or (g) to comml! any acl or omisslon of any kind, or at any time, with respect to any matter whatsoever. If now or hereafter (a) Borrower shall be or become Insolvent, and (b) the Indebtedness shall not at all times unlll pard be funy secured by conaleral ~Iedged by Borrower, Guarantor hereby forever waives and relinquishes In favor of Lender and Borrower, aM their respective successors, any claim or nghl to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a ~creditor" of Borrower within the meaning of 11 U.S.C. saclion 547{b), or any successor provision of the Federal bankruptcy laws. . Guarantor also waives any and all rights or defenses arising by reason of (a) any "one acUon" or "anU-deficlency" law or any other law which may prevent Lender from bringing any action, InclUding B. claim for dellciency, against Guarantor, before or after Lender's commencement or completion of any foreclosure aclion, elther judlclany or by exercise of a power of sale; (b) any election of remedies by lender which destroys or otherwise adversely affects Guarantor's l'iubrogation rights or Guarantors rlghls to proceed against Borrower for relmbursemerlt, inclUding without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or dIscharging the Indebtedness; (e) any dlsablllty or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment In full In legal tender, of the lndebtednessj (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (e) any statute of limitations, If at any lime any action or sull brought by Lender against Guarantor Is commenced there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors allaw or in equity other than actual payment.and performance of the indebtedness. If payment Is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender Is forced to remit the amount of that payment to Borrower's trustee In bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed und.er this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of Its significance and consequences-and that, under the circumstances, the waivers are reasonable and not contrary to pUblic polloy or law. If any such waiver is determined to be contrary to any applicable law or public polley, such waiver shall be effective only to Ihe extent permiUed by law or pUbliC policy. . lENDER'S RIGHT OF SETOFF'. In addition to allUens upon and rights of setoff against the moneys, securities or other property of Guaranlor given to Lender by law, Lender shall have, with respect to Guarantor's obUgatlons to Lender under this Guaranty and to the extent permUted by law, a Contractual security interest In and a right of setoff ag~nst, and Guarantor hereby assigns, conveys, del[vers, pledges, and transfers to Lender all of Guarantor's right, title and interest In and to, all deposits, moneys, securities and other property of Guarantor now or hereafter In the possession of or on deposit with Lender, whether held In a general or special account or deposit, whether held Jolnlty with someone else, or whether held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised wllhout demand upon or notice to Guarantor. No security Interest or right of setoff shall be deemed to have been waived by any act or conduct on the part of Lender or by any neglect to exercise such right of setoff or to enforce such security Interest or by any delay in so doing. Every right of setoff and security Interest shall continue In full force and effect until such right of setoff or security Interest is specifically waived or released by an Instrument in writing executed by Lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now exisUng or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acqUire against Borrower, whether or nol Borrower becomes lnsclvenl Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable 10 the payment of the claims 01 both lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the. Indebtedness of Borrower to lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee In bankruptcy 01 Borrower, provided however, Ihat such assignment shall be effectlve only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obllgations 01 Borrower to Guaranlor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender hereby Is authorized, in the nama of Guarantor, Irom time to lime to execute and file financing statements and conl1nuation statements and to execute such other documents and to take such other acllons as Lender deems necessary or appropriate to perfect, preserve and enforce Its rights under this Guaranty. MISCElLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No allerallon of cr amendment to this Guaranty shall be effective unless given In writing and signed by the party or parties sought' 10 be charged or bound by the alteration or amendment. Applicable law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdlcllon of the courts of Franklin County, Commonwealth of Pennsylvania. - This Guaranty shall be governed by and construed In accordance wllh the laws of Ihe Commonwealth of Pennsylvania. AUomeys' Fees; Expenses. Guarantor agrees to pay upon demand aU of Lender's costs and expenses, Including attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of thIs Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses [nclude Lenders attorneys' fees ~nd legal expenses whether or not there ls a lawsuit, InclUding attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacale any automatic stay or InJunction), appeals, and any anllcipated post-judgment collacllon services. Guarantor also shall pay all court costs and such additional fees as may be directed by Ihe court. Nollces, All notices required to be given by either party, to the other under this Guaranty shall be in writing, may be sent by telefacsimlle (unless otherwise required by law), and, except for revocation nollces by Guarantor, shall be effective when actuaily dellvered or when deposited with a nationally recognized overnight courier, or when deposited in the United States mail, first class postage prepaid, addressed to the party to whom the notice is to be given at the address shown above or to such olher addresses as either party may designate to the other In writing. All revocation notices ,by Guarantor shail be In wrll1ng and shall be effective only upon delivery 10 lander as provided above in the section tilled "--;;gURATION OF GUARANTY.- If there Is mol'EJ than one Guarantor, nollce to any Guarantor will constltute notice to all Guarantors. For notice purposes,_ Guarantor agrees to keep Lender Informed at all Umes of Guarantor's currenl address. Interpretation. In all cases whereJhere is more thEm one Borrower or Guarantor, then all words used In,.thls Guaranty fn the singUlar shall be deemed to have been used In Ihe plural where the context and construction so requlrej and where there Is more than one Borrower named In this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and anyone or more of them. The words "GuarantOr," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of this Guaranty. If a court of competent Jurisdiction finds any provisIon of this Guaranty to be Invalid or unenforceable as to any person or circumstance, such finding shall not render that provISion Invalid or unenforceable as to any other persons or circumstances, and all provisIons of this Guaranty In all other respects shall remain valid and enforceable. If anyone or more of Borrower or Guarantor are corporaUons or partnerships, It Is not necessary for Lender to inquire Into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or pUlporting to act on their behalf, and any hldebtedness made or created in reflance upon the professed exerciSe of such powers shall be guaranteed under this Guaranty. . Waiver. Lender shall not be deemed to have waived any righls under I~k- ~"..""'...", ''r'''FC! "",." walver is giVen In writing and signed by Lender. No delay or'omisslon on the part of Lendar in exercising any right shall aml~~I:' ~Ch right or any other right. A waiver by Lender of a prOvision of this Guaranty shall, not prejudice or constitule a waiver of I to demand ,strict compliance with that provl~on or any other provision of this Guaranty. No prior waiver by Lender, nor fig' etween Lend!'ir and Guarantor, shall conslilute a waiver of any of lender's rights or.of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Guaranty, the granting of such consent by Lender In any instance shall not constitute conlinuing consent to subsequent instances where such consent is reqUired and In all cases such consent may be granted or withheld in the sole discretion of lender. SURETY ADDENDUM. this Is a guaranty of payment and nol merely of collection. In the event of any default by Borrower In payment or olh9lWlse in any of the Indebtedness, Guarantor will pay all or any portion of the Indebtedness due or thereafter becoming dUB, whether by accelerallon or otherwise, wilhoul defalcation or' offset of any kind, without Lender fif\it being required tc make demand upon Borrower or pursue any of its rights against Borrower or against any other person, Including other guarantors; and without being required to liquidate or r.ealize any collateral security for .;6iy of the IndebtednfJss. In any righl of acllon accrUing to lender, Lender may elect to proceed against (a) Guarantor together with Borrower; (b) ,~ =~-,~,~"" ,,~ , . ~ ...--;' 'tn:: .- " 12-04-1998 COMMERCIAL GUARANTY Page 3 " .. loan No (Continued) Guarantor and Borrower individually; or (c) Guarantor only without having first commenced any aelion against Borrower. JOINT AND SEVERAL ADDENDUM. To the extent that this guaranty Is executed by more than one Guarantor or in the case of any partnership, all such ~uarantors and all the general partners of such partnership shall be jointly and severally bound by the terms hereof. ADDITIONAL WAIVERS ADDENDUM. G~NTOR IRREVOCABLY WAIVES A~- AND ALL RIGHTS WHICH GUARANTOR, OR Am OF THEM, MAY HAVe AT LAW OR IN eQUITY) WHETHER ARISING DIRECTLY OR INDIRECl1. Y BY OPERATION OF LAW OR CONTRACT) TO SEEK SUBROGATION, CONTRIBUTION, EXONERATION, INDEMNIFICATION OR ANY OTHER FORM OF REIMBURSEMENT FROM BORROWER, ANY OTHER GUARANTOR OR A~ OTHER PERSONS NOW OR HEREAFTER PRIMARILY OR SECONDARILY LIABLE Fa" ANY OBILGATlONS OF THE BORROWER TO LENDER OR FOR At{'( PAYMENT MADE BY THE GUARANTOR HEREUNDER, TO AND IN CONNECTION WITH THIS GUARANTY OR OTHERWISE. THIS GUARANTY AND GUARANTOR'S PAYMENT OBLIGATIONS HEREUNDER SHALL CONTINUE; TO BE EFFECTIVE OR REINSTATED, AS THE CASE MAY BE, IF AT ANY TIME PAYMENT OF ANY OF THE OBUGATlONS IS RESCINDED OR MUst OTHERWISE-BE RESTORED OR RETURNED BY LENDER, ALL AS THOUGH SUCH PAYMENT HAD NOT BEEN MADE. LENDER'S GOOD FAITH DETERMINATION AS TO WHETHER A PAYMENT MUST BE RESTORED OR RETURNED SHALL BE BINDING ON GUARANTOR. CONFESSION OF JUDGMENT. Guarantor hereby Irrevocably authorizes and empowers any attorney or the Prothonotary or Clerk of any Court In the Commonwealth of Pennsylvania, or elsewhere, to appear at any tline for Guarantor, and with or wllhout complaint filed, as of any tenn, confess or enter judgment against Guarantor for the entire principal balance of this Guaranty and all accrued interest, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid princIpal balance and accrued inlerest for coUectlon, but In any event not less lhan Five Hundred Dollars ($500); and for so doing, this Guaranty or a copy of this Guaranty verified by affidavit shall be sufficient warrant. The authority granted In this Guaranty to confess Judgment against Guarantor shall nol be exhausted by any exercise of that authority, but shall continue from time to time and at all times untO payment In full of aU amounts dUe under this Guaranty. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELNERY OF THIS GUARANlY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINA'rEI) IN THE MANNER SET FORTH IN THE SECTION TITlED "DURATION OF GUARANTY," NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED DECEMBER 4,1998. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. G x~~%-1'~ .-," Gary C. VI. er Slgn@c;I, acknowledged and dellV~red In the presence of: (x~ ),/jAA_ /fj/JNr Wllness X Wllness INDIVIDUAL ACKNOWLEDGMENT STATE OF ~rlfls.I1/If""n'~ , l)""f ~'''' I )SS I COUNTY OF On 'h~, Ihe t.f -It. dey 0' j),ec.e...Je... . 19 ")Jl-, beI",e me. , , Ihe undersigned Notary PubUc, personally BPlleared Gary C. Wesner, known to me (or satisfactorily proven) to. be Ihe person whose name Is subscribed 10 the wllhin Inslrument, and acknowledged that he or she executed the same for the purposes therein contained. -, Inwltnesswhereof,lhereunloselmyhandandOfflClalseal. MCTAI"JM. SEAL r Gl' ! ar.eoo, ~~~r~. ;-\ .: l .1 ~~ll .~~;. :o...:-:~-:!~~,~~_I';~:J LASER PRO. Rea. U.s. Pal. & T.M. Off.. Ver. 3.25 (e) 1999 eFl Progervlces.lrn:. Allrlghlrrl!ll8IV8d. (PA_E20 GCWPROPI.LlIl C26.0VLI " 2220~0990018 - , ~i-"~ '.;0,.1 -", ~ ~. " " PROMISSORY NOTE References in the shaded area are for Lenders use only and do not limit the applicability of this docu~ent t~ any particular loan or item. Borrower: GCW Properties, Inc. (TIN: 23-2787520) 95 South George Street, Suite 300 York, PA 17401 Lender: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG MEMORIAL SQUARE OFFICE POST OFFICE BOX T 20 SOUTH MAIN STREET CHAMBERSBURG, PA 17201-0819 Principal Amount: $50,000.00 Initial Rate: 7.750% Date of Note: December 4, 1998 ,PROMISE TO PAY. GCW Properties, Inc. ("Borrower") promises to pay to FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG ("Lender"), or order, in lawful money of. the United Stales of. America, the principal amount of. Filly Thousand & 00/100 Dollars ($50,000.00) or so much as may be outstanding; together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated f.rom the date of each advance until repayment of each advance. PAY'!'ENT. Borrower will pay this loan on demand, or if no demand is made, in one payment of. all outstanding principal plus all accrued unpaid interest On February 1, 2000. In addition, Borrower will pay regular monthly payments of accrued unpaid Interest beginning January 1 1999, and all subsequent Interest payments afe due on th~ ~r:o,~ day of each month after that. The annual interest rate for this Note is computed on ~ 3.65/360 basis; that is. by applying the ratio of the annual.::inte.rest rate over a year of 360 days, multiplied by the outstanding principal balance multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lenders address shown above or at such other. place as Lender may designate in writing. Unless otherwise' agreed or required by applicable law, payments will be applied first to accrued unpaId Interest, then to principal, and any remaining amount to antunpaid collection costs and late charges. YARJABLE JNTER~ST RATE. The. jnter~st rate on this Note is subject to change from time to time based on changes in an independent index which ~~ the ~ew York Pnm~ Rate as pUbh~hed In the Wall Street Journal. When a ra,nge of rates has been published, the higher of the rates will be used (the Index). The Index IS not necessanly the lowest rate charged by Lender on Its loans. If the Index becomes unavailable during the term of this loan Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrowe~ understands that lender may make loans based on other rates as well. The interest rate change will not occur more onen than each time there has been a change in the Index. The Index currently Is 7.750%.per,annum. The interest rate to be appUed to the unpaid principal balance of this Note will be at a rate equal to the Index, resulting in an Initial rate of 7.750% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicabie law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fuily as of the date of the loan and Will not be subject to refund upon eariy payment (whether voiuntary or as a result of default), except as otherwise required by law. Except tor the foregoing, Borrower may pay without penalty all or a portion of the amount owed ea~!ier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue fa make payments of accrued unpaid interest. Rather, they wiIJ reduce the principal balance dUe. LATE CHARGE. If a payment is 16 days or more late, Borrowe~,will be charged 6.000% of the regularly scheduled payment. DEFAULT. Borrower will be in default if any of the foiiowitig,:'happens: (aJ Borrower fails 10 make any payment when dUe, (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails t9, ~omp.1Y with or ta perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase (wsales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this r:-Iote or any of the Related Documents. (d) Any representation or,statement ma~e _~r .furnished to lender by Borrower or on Borrower's qehalf is false or misleading in any material respect either now or at the time made or furnished~." :.(e)."Borrower becomes insolvent, a receiver ,is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or _against Borrower under any bankruptcy or insolvency laws. (fj Any creditor tries to lake any of Borrower's property on or in which' Lender has a lien or security interest. This inciudes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any 01 the other events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of paymenl or performance of the Indebtedness is impaired. (i) Lender in good faith deems itself insecure.' LENDER'S RlGHTS. Upon default, Lender may, ~fter givil)g such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 2.000 percentage points over the Index. The interest rate will not exceed the maximum 'rate- permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applica.ble law, Lender's attorneys' fees -ana tender's legal expenses whether or not there is a lawsuit, including attorneys' fe,es and legal expenses for bankruptcy proceedings Oncluding efforts to modify or vacate any automatic stay or inj~nction), appeals, and any anticipated post-judgment coUection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in ~onnection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment IS entered. This Note has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed in accordance with the Jaws:'bf'the Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to,.lende( 01$25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishon'~red. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's aCfl"\'l,.,t~ with I 'jQder (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else an~, alj ,Q.4J1>AigtA ~Aljfi~ ma~ ?pen in the future, excluding h~wever all IRA and Keogh accounts, and all trust accounts for which the grant of a $.ec1.,ln~y, ~letBS U,lf1i4I;f\J:l;(prohlblted by law. Borrower authonzes 'Lender, to the extent permitted by appficable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by a Mortgage and an Assignment of All Rents dated December 4, 1998, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, all the_ terms and conditions of which are hereby incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested either orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or >< --"'lIf"~ ";".1 . , . ~'<.-' ~~ '\;""; , 0\,- ,- , 12-04-1998 PROMISSORY NOTE: Page 2 L.oan No (Continued) directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The lollowing party or parties are authorized to request advances under ,ths line of credit until Lender receives from Borrower at lender's .address shown above written nolice of revocation of their authority: Gary C. Wesner, ChielExeculive Officer. Borrower agrees to be liable for all sums either: ea) advanced in accordance with the Instructions 01 an authorized person or (b) credited to any of Borrower's accounts with Lender. . The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Nole :br by,'Lender's internal records, Including daily computer print-outs. Lender will have no obligation to advance funds under Ihis Note it ea) Borrower or any~uarantor is in defauit under the terms of this Note or any agreement that Borrower at any guarantor has with lender, including any agreement.:made'in connection wif~ the signing of this Note; (b) Borrower or any guarantor ceases dOing business or Is insolvent; (c) any guarantor seeks, claihl~ .or otherwise attempts to limit, modify or revoke such, guarantor's guarantee of Ihis Note or any olher loan with Lender; (d) Borrower has applied fundsllrovided pursuant to this Nole for purposes other than those aulhorlzed by Lender; or (a) Lend~l:r'in good faith deems i~eJt insecure under this Nota 'or any other agreement between lender and Borrower. ' GENERAL PROVISIONS. This Nofe is payabie on demand, The inclusion of specific delauit provisions or rights 01 Lender shall not preclude Lender's riQht to declare payment 01 this Note on its demand, Lender hlay.'delay or forgo enforcing any of its rights Or remedies under this Nole without losing them. Borrower and any other person who signs, guarantees or ,.endorses this Note, to.the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in .the,terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length -of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateralj and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the part{ with whom the modification is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. Borrower hereby irrevocably':a-uthorizes and empowers any attorney or the Prothonotary or Clerk of any Court In the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower, and with or Without complaint filed, as at any term, confess or enter jUdgment against Borrower for the entire principal balance of this Note and all accrued interest, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal baiilnc. and accrued Interest for collection, but in any event nolless than Five Hundred Dollars ($500); and for so doing, this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authorify granted in this Note to confess judgment against Borrower shall not be exhausted \Jy"any exercise of that authorify, but shail continue from lime to time and at all limes untit payment in full of all amounts due under this Note. The lien arising from any judgment confessed or entered pursuant to Ihe foregoing authority shall not extend to any of Borrower's residential real properly a~.'lhatterm is detined in the Pennsylvania Act of January 30, 1974 (pa. Laws 13, No, 5), referred fo as lhe Loan Interest and Prolection law, as amended,' and lhe holder of any judgment confe~sed or entered pursuant 10 the forgoing authority shall not, in enforcement of any such judgment..~xe6ute: leVy or otherwise proceed against any such residential real property; provided, however, that the lien 01 such judgment shall extend to sucn'resldentlal real properly and that the holder thereof shall be permitted to execute, levy or proceed against such residential real properly Irom and afl~t'lhe,'entry 01 a jUdgment as contemplaled by Section .407 of such loan Interest and Pr-ofection Law and Rules 2981 to 2986 of the Pennsylvania- RtlJes_"'bf- Civil Procedure, or successor or similar statutes and rules. No limitation of lien or any execution, levy or other enforcement contained in the immedlEite(y preceding sentence shaU apply with respecf to any judgment obtained of her fhan by the foregoing authority to confess or enter judgment. PRtOR TO SIGNING THIS NOTE, BORROWER READ AND'liiilOERSTOOD ALL THE PROVISIONS OF THfS NQT!', INCLUDtNq THE VARIABLE INTEREST RATE PROVIStONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. ATTEST: ~/ k;j$!N;i,i~t!#$lM%W~k;~~!"'~:?im~ gfi:~il"'" ~ptW!!;;n~mm,: Secretary or ASsI"iantSecreiiirym ( Corporate Seal )' LENOER: " !,,,"', FARME S AND MERCHANTS TRUST COMPANY OF CHAi'1I3~RSBURG , ~ " .' Variable Rate. line of Credit. LASER PRO, Reg. U.S. Pal;.&:J:;~. (~)ff., Ver. 3.Z5 (el 1998 CFl PrcServlces,lnc. AfllightsreserveCl. [PA-02Q GCWPROP.LN C1Z.0VLJ UI.J 222090990018 ".' ',~. ' . " ~ - "_I .~. .z .10"' "-. ,,-r:t.'.' '. "tiiliiU' . COMMERCIAL GUARANTY Borrower: GCW Properties, Inc. (TIN: 23-2787520) 9~ South George Street, Suile 300 YOrk, PA 17401 Lender: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG MEMORIAL SQUARE OFFICE POST OFFICE BOX T 20 SOUTH MAIN STREET CHAMBERSBURG, PA 17201-0819 Guarantor: Gary C. Wesner 3065 Brookfield Drive York, PA 17404 AMOUNT OF GUARANTY. The amount Of this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Gary C. Wesner ("Guarantor") absolutely and unconditionally guarantees and promises to pay to FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG ("Lender") or Us order on demand In legal tender of the United States of America, the Indebtedness (as that tenn is defined below) of GCW Properties, Inc. l"B~rrOWer") t~ Lender on the terms and cQndlllons set forth In this ,Guaranty. Under this Guaranty, the liability of Guarantor Is unlfmlled and the obligations of Guarantor are continuing. . e. '. DEFINITIONS. The following words shall have the folloWing ~I,~~_s when used in this Guaranty: Borrower. The word ''Borrower'' means GCW Properties, Inc.. Guarantor. The word "Guarantor" means Gary C. Wesner. Guaranty. Yhe'word "Guaranty" means this Guaranty made by Guarantor for the be'nefit of Lender daled December 4, 1998. Indebtedness. The word "Indebtedness" Is used in ils most comprehensive sense and means and includes any and all of Borrower's liabilities obligations, debts, and Indebtedness to Lender, now existing or hereinarter incurred or created, including, wllhout limitation, all loans, advances' interest. costs, debls, overdraft indebtedness, c~edil card indebtedness, lease obl1gallons, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or Involuntarily incurred, due or not dUe. absolute or conlingent, liquidated or unliquIdated. determined or undelennined; whether Borrower may, be liable Individually or jolnUy With others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from lransaclions whioh may be voidable on account of infanCy,lnsanlty, ultra vires, or otherwise. Lender. The word "Lender" means FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, its successors and assigns. Related Documents. The words "Related Documents" mean and include without limitation all promissory noles, credit agreements, loan agreements, environmenlaJ agreements, guaranties, security agreements, mortgages, deeds of trusl, and all other instruments, agreements and documents, whether now or hereafter exisllng, executed in connection with the Indebtedness. NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and continuous for so long as lhis Guaranty remains In force. Guaranlor intends to guarantee at all Umes the performance and prompt payment when due, whether at maturity or earlier by reason of acceleraUon or olherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the conlinuing liability of Guarantor In connection with any remaining portions of the Indebtedness or any of the 'Indebtedness which SUbsequently arises or is thereafter incurred or contracted. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notlce to Guarantor or tc Borrower, and will continue in full force'-ynlil all Indebtedness Incurred or contracted before receipt by Lender of any notice of revocallon shall have been tully and finally paid and saUsfled and all other obligallons of Guarantor under Ihis Guaranty shall have been performed In full. If Guarantor elects to revoke Ihis Guaranty, Guarantor may only do so 1n wriling. Guarantor's wrillan notice 01 revocation must be mailed to Lender, by certified mail, at the address of Lender listed above or such other place as Lender may deslgnate in wrillng, Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by lender of Guarantor's written revocation. For this purpose and without IlmilaUon, Ihe term "new Indebledness~ does not Include Indebtedness which at the lime of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, Ilquldated, determined or due. This Guaranty will continue to bind Guarantor lor all Indebtedness Incurred by Borrower or commUted by Lender prio'r to receipt of Guarantor's written nollce of revocation, Including any extensions, renewals, substitutions or modifications of the Indebtedness. ,'Alhenewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocallon, are contemplated under thls'Guarimty and, speclflcally will not be considered to be new Indebtedness. This Guaranty shall bind the estate of Guarantor as to Indebtedness created -both befoie and after the death or incapacity of Guarantor, regardless "Of Lender's actual noUce of Guarantor's death. Subject to the foregoing, Guara:nfors -executor or administrator or other legal representative may terminate this Guaranty in the same manner In which Guarantor might have terminated Il.aild with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from anyone or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It Is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guarantyj'and it Is specifically acknowledged and agreed by Guarantor that reductions In the amount of Indebtedness, even to zero dollars ($0.00), prior to written revocation of this Guaranty by Guarantor shall not constitute a lermlnallon of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero''dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, eilher before or after any revocation hereof, wl1hout notice or demand and without lessening Guarantor's liability under this Guaranty, from time to lime: (a) prior to revocation as set forth above, to make one or more additional secured or unsecured loans 10 Borrower, to lease equipment or other goods 10 Borrower, or otherwise to extend addillonal credit to Borrower: (b) to aller, compromise, renew, extend, accelerate, or otherwise change one or more limes the time for payment or other terms of the Indebtedness or any part of _the. Indebtedness, InclUding Increases and decreases of the rate ollnteresl on the Indebtedness; extensions may be repeated and may be for, longer than the orlglnolloan ferm; (c) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide noUo perfect, and, release any such security, WiUi oTwlthout the substitution or new collateral; (d) to ,release, substitute, agree not to sue, or deal. with anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms or In 8,ny manner Lender may choose; (e) too determine how, when and what application of payments and credits shall be made on the Indebtedne~j (f) to apply such security and direct the order or manner. of sale thereof, Including wilhoutllmltation, any nonjUdicial sale permitte_~'by. the. terms of the controlllng secUrity agreemenJ"Qr deed of trust; 8S Lender' in Its discretion may determine; (g) to sell, transfer, assign; or grant participations In all or any part of the Indebtedness; end (h) to assign or transfer this Guaranty in whole- or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. ~uarantor represents and warrants 10 Lender that (a) no representations or agreemimts of any kind have been made to Guarantor which would limit 'or qualify In any way the tenns of this Guaranty; (b) this Guaranty is executed at Borrower's request and not at the request of lender; (C) Guarariior has full power, right and authority to enter into this Guaranty; (d) the provisions 01 Ihis Guaranty do not conflict with or result In a default under any agreement or other Inslrument binding upon Guarantor and do not result in a violallon of any law, regulation, court decree or order applicable to Guarantor; (9) Guarantor has not and wl\l not, without-the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, lransfer, or otherwis9'di_spose of all or substantially all of Guarantor's assets, or any Interest therein; (f) upon Lender's request, Guarantor wlll provide 10 Lender financial and'-credll information In form acoeptable 10 Lender, and all such financial information which currently has been, and all future financial information Which 'will be provided to Lender is and will be true and.correcl in all material respects and fairly present the financial condition of Guaranlor as of the dates the financial information is provided; (g) no material adverse change has occ:urred In Guarantor's financial condition since the date of the most recent financiJ17 . _ t',~..~wa I~ Lender and no event has occurred whIch may materially adversely affect Guarantor's financial condlllon; (h) no lIt1galion!1dlifM RI"~1\j~cf\lA~minlslratlve proceeding or similar ac~lon (I~cluding those lor unpaid taxes) against Guarantor is pending or threatened; (I) Ler<<t.ir~~ \:MJijsentation to Guarantor as to the,credltworthlness of Borrower: and en Guarantor has established adequate means of obtaining from Borrower on a continuing b~sjs information ~egar~ing ,Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events. or circumstances which might In any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any Information , or documents acqUired by Lender in the course of lis relationship wlll1 Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable Jaw, Guarantor waives any right to reqLiire Lender (a) to continue lending money or to extend other credit 10 Borrower; (b) to make any presentment, prolest, demand, or nolice 01 any kind, Including nolice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guaranlor In connection with the Indebtedness or in connection with lhe creation of new or additionai loans or obligations; (c) 10 resort for ,;Qj~II~""'~' ~ '~ ",,-I "' ~; .. . , 12-04-1998 Loan No COMMERCIAL GUARANTY (Continued) Page 2 payment or to' proceed dlreclly or al once agalnsl'any persan,lncluding Borrower or any other guarantor; Cd) to' proceed directly against or exhaust any collateral held by Lender frem Borrew~r, any ether guarantor, er any ether person; (e~ to' give netice of the'terms, time, and place of any pUblic or private sale af personal property security held by Lender from Borrower or to comply with any elher applicable provisions of the Unlrorm Commercial Code; (f) 10 pursue an,Y other remedy within Lender's power; or (g) to commit any acf or omission of any kind, or at any lime, with respect to any matler whatsoever. If now or hereafter (a) Borrower shall be or become insolvent, and (b) the Indebtedness shall not at all limes unUI.pald be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and relinquishes In favor of Lender and Borrower, and theIr respecIJve successors, any claim or right to paymenl Guarantor may naw have or hereafter hav8".OJ; acquire against _Borrawer, by subrogation or atherwlse so that at no time shall Guarantor be or become a "credllot' of Borrower within the m~n,hlg of11 U.S.C. sectian 547(b), er any successor provision' of the Federal bankruptcy Jaws. Guaranlor also waives !in~ and all ri~hts or de~enses a~iq,!:_QY.fe~son of (~l any Mane actron" or Manti-deficiency" law or any other law whiCh may prevent Lender fro~ bn~gmg. any .action, IncJudmQ a claim J~r geflcJency, agaInst Gu~rantor, before or after Lender'~ c:ommencement or completion of any foreclosure action, either judiCially or by exercise ot a power of sale; (b) any elechen of remedies by Lender which destroys or otherwise adversely ~ffects Guarantor's subrogation rights or Guarantor's rights" t? proceed agalns,t Borrower for reimbursement, ~ncludlng without limitation" any loss of nghts Guarantor may suffer by reason of any taw Ilmftil1g, qualifying, or discharging the Indebtedness; (0) any disability or other defense of Borrower of any ather guarantor, or of any other person, or by reason of Ihe cl,>ssatlon of,Borrower's liability from any cause whatsoever, other than payment in 'full In legal lender, of fhe Indebtedness; (dl any right to claim discharge oflhe Indebtedness on the basis of unJuslmed Impairment of any collateral for the Indebtedness; (e) any statutE! of limitations, If at any Ume any aclion or suit brought by lender against Guarantor is cammenced there is outstanding IncJ:bledness of Borrower to Lender which Is not barred by any,applicable statute of JimUations; or {f} any defenses givan to guarantors at law or in eqUIty other than actual payment and performance of th~ Indebtedness. ,It payment Is made by Barrower, whether voluntarily or olherwlse, or by any Ihlrd party, on the Indebtedness and thereafter Lender IS forced to remlt the amount cf that payment to Borrcwer's trustee in bankruptcy or to any similar person under any federal or state bankruproy law or law for the relief of debtars, the Indebtadness shall be considered unpaid for the purpcse of enforcemenf 01 this Guaranty. Guarantor further waives and agrees not to assert or claim a.t any lime any deductions to the amount guaranteed under this Guaranty for any claim of setaff, counterclaim, caunter demand, recoupment or similar right, whether such claim, demand or rign.! may be asserted by lhe Borrower, the Guarantor, or both. .. ~. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made wlth Guarantor's full knowledijEl of its significance. and consequencas and that, under the circumstances. the waivers are reasonable and not contrary to public policy or law. If any such wailXlr is determined to be contrary to any appl1cable law or public policy, such waiver shall be effective only 10 the exlent permitted by law or public palicy. LENDER'S RIGHT OF SETOFF. In addition to all liens Upon and rights of setoff against the moneys, securllies or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guaranlor's obligations to' Lender under this Guaranty and to the extent permltled by law; a contractual security Interest in and a right of setoff agalnst"and_Guarantor hereby assIgns, conveys, delivers, pledges. and transfers to Lender all of Guarantor's, right, title and interest In and to, all deposits, 0~eyS...secUri'ies and other property 0'1 Guarantor now or herea'ter in the possession of or 00 deposit with lender, whether held in a general or sp~la!;~account or deposit, whether held joinUy with someone else, or whether held for safekeeping or otherwise, excluding however all IRA, Keogh;' ,anq trust accounl$. Every such security interesl and right of setoff may be exercised without demand upon or noUce to Guarantor. No security interesf..or right of setoff shall be deemed to have been waived by any act or conduct on the part of tender or by any neglect fo exercise such right of se'o~f or fo enforce such security interest or by any-delay In sa deing. Ellery right oJ setof1s:nd security Interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in writing executed by lender. ~ ..' SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR.. Guarantor agrees thai the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim Ihat Guarantor may now have or hereafter acquire against Borrower, whelher er nof Borrower becomes insolvent. Guarantor hereby QXprassly subordinates anY'clalm Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. - In the evant of insolvency and consequent liquidation of the assets of Borrower. thraugh bankruptcy, by an assirJnment for the benefil of creditors, by volunlary tiquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shan be paid 10 Lender and shall be fIrSt applied by lender to the Indebtedness af Borrower to Lender. Guarantor does hereby assign to Lender all claims which ,il may have,or acqUire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided hOWever, that such assignment shall be affective only far the purpose of assuring to Lender full payment In legal tender 01 the Indebtedness. If Lender so requests, any notes or, credit agreements now ar hereafter evidencing any debts or obligations of BO/TOwer to Guaranlor shall be marked with a legend thai the same are _s.ubject-to this Guaranty and shall be delivered to Lender. Guarantor a~rees, and Lender hereby is aUlhorlzed, in the name 01 Guarantor, from time to time to execute and file financing statements and oontinuatlan statements and to execute such other documents and to' lake such olher aciions as Lendei'deems necessary or appropriate to' perfect, preserve and enforce lis rights under this Guaranty. MISCB..LANEOUS PROVISIONS. The following miscellaneou!;? proviSIons are a part of this Guaran~ Amendments. This Guaranty, tOQelher with any Relatei:fd~c~ments, constitutes the entire understandIng and agreement of Ihe parties as to the matters set forth In this Guaranty. No alleratlon of or anienqmenl to Ihis Guaranty shall be effective unless given In wrltlng and signed by the party or parties sought fa be charged or bound by the alleratl~i1: or amendment Applicable Law. This Guaranty has been dellvered,io'L!.eii'der and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Guarantor agrees upon Lender's request to' submit'to the jurisdiction of the courts of Franklin County, -Commonwealth of Pennsylvania. This Guaranty shall be governed by and canstrued in acco~dance wflh the laws of the Commonwealth of Pennsylvania. Attorneys' Fees; Expenses. GUarantor agrees to pay upon demand all of Lender's costs and expenses. Including aHorneys' fees and Lender's legal expenses, incurred in connection with the enforcemarif(i,lthis Guaranty. Lender may pay someone else to help enfQn:e this Guaranly, and Guarantor shall pay the cosls and expenses of such"erifcifciamenl. Costs and expenses InClude Lender's attorneys' fees and legal axpenses whether or not thers is a lawsuit, including alforneys' ,fees" :and legal expenses far bankruptcy proceedings (and including effarls to' modify cr vacate any automatic stay or injUnction), appeals, and any. anticipated post-judgment collectiOn services, Guarantor also shall pay all courl costs and such addltional.fees as may be directed by the court. Nollces. All nolices required to be given by either party to the other under this Guaranty shall be in writing, may be sent by telefacsimUe (unless olherwise required by law), and, except for revocation notices by Guarantor, shaIl be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when deposited in,the United Slates mail, first class postage prepaid, addressed to the party 10 whom the notice is to be given at the address Shown above or 10 such other addresses as either party may designate, to the other in wtiting. All revocation notices by Guarantor shall be in writing. and ,shall be effective only upon d$llvery to lender as provided above in the section tnted "DURATION OF GUARANTY."" If there is more than orie Guarantor, notice to any Guarantar witt corrslitute no/ice to 6/1 Guaranlors. For notice purposes, Guarantor agrees to keep lender. Informed at'all ~mes of Guarantar's current address. Inlerpretatlon. In all cases where there i$' more than .one ,Borrower or Guarantor, then all words used In this Guaranty In the singular shall be deemed 10 have been used In the plural where the contexl-arid construction so require: aod where there is more 1han ane Borrower named In this Guaranty or when Ihis Guaranty is executed by more Ihan,Qne Guarantor, the words "Borrower" and "Guaranlor" respectivelV shall mean all and anyone or more of them. The words ""Guarantor," "Borr'ower," and "Lender" include the heirs, succ~ors, assigns, and transfereB:S.of each?f them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to inlerpret ar define the prOViSions cf this Guaranty. If a court of competent jurisdiction finds ant provision of this Guaranty lobe invalid or unenforceable as to any peroon or circumstance, such flndlng shall not render Ihat provision Invalid or unenforceable as to any oth'er persons or circumstances, and all provisions ollhl$ Guaranty in all other respects shall remain valid and enlorcea"Qle.,' ,If' anyone or more of Borrower or Guaranlor are corporations or partnerships, It is nol necessary tor Lender to' inquire into the powers ot BorroYJ~i:"or Guaranlor or of thEl afficers, directors, partners, or agents acting or purporting to a?l on their behalf. and any Indebtedness made or createQ In'fIi1Jlance upon the prOfessed exercise of such_powers shall be guaranteed under thiS Guaranty. ,. Waiver. Lender shall not be deemed to have waived any righls,unde .~',.. - '1 I -h waiver Is given In writing and sIgned by lender. No delay or omission an the pari ot.lender in exerclslng,any right shalltp~ fl'~N ,p,t}such right or any other right. A waiver by Lander of ~ provision of Ihis Guaranty shall not prejUdIce or constilule,a waiver o~rf"tlff nt: to demand stricl-complianc_e with thai provl~ion or any olher prOVision of lhis Guaranty, No prior waiver by lender, nor any course 0 deatlng between Lender and Guarantor, shall conshtule a waiver, of any of lender's rights or of any 0.1 Guarantor's obligations as to any luture transactions. Whenever the consent of Lender is reqUlred under this Guaranly, Ihe granting of such l;onsenl by Lender In any inslanCf'j shall not constitute continuing consent to subsequent instances where such consent is required and in ail cases such consent may be granted ()r withheld in the sole discretion at Lender, SURETY ADDENDUM. This is a Guaranly of payment and not merely of collecllon. In Ihe event of any default by BOffower in payment or otherwise in any of the Indebtedness, Guarantor wlll pay all or any porllon of the lndebledr, ass due or thereafter becoming dua, whether by acceleratio.n or otherwise, without defalcation or oHset of any kind, without Lender firsl being ree uired 10 make demand upon Borrower or pursue any of tis nghts against Borrower or against any other perso~, inc!udin.g O~h!?f 9l.!~~f?(!~ars; .and wR lout. ~eing requ~ t~ li~~i?a~e or.r~a~s a_~~ ,co,~!~e!_~~~~~~~ ~~~ ~......."I ~~L ~ , ,-'~ -~'Mtt! + 12:"04-1998 Loan No COMMERCIAL GUARANTY , (Conlinue'l) Page 3 . ,- Guarantor and Borrower I~divldually; or (c) Guarantor only without having first commenced any action against Borrower. , JOINT AND SEVERAL L:fABILITY ADDENDUM. To the ex!e;nt that this Guar;anty is executed by more than one Guarantor or in the case of any partnership, all such GuarAntors and all the general partners of ~Qch partnership shall be jointly and severally bound by the terms hereof. ADDITIONAL WAIVERS ADDENDUM. GUARANTOR IRREVOCeABLY WAIVES NN AND ALL RIGHTS WHICH GUARANTOR, OR ANY OF THEM, MAY HAVE AT LAW OR, IN- eaUllY) WHETHER ARISING DIRECTLY OR INDIRECTLY BY OPERATION OF LAW OR CONTRACT) TO SEEK SUBROGATION, CONTRIBUTION, EXONERATION, INDEMNIFICATION OR ANY OTHER FORM OF REIMBURSEMENT FROM BORROWER ANY OTHER GUARANTORS OR ANY OTHER PERSONS NOW OR HEREAFTER PFlIMARIL Y OR SECONDARILY LIABLE tOR ANY OBLIGATIONS OF THE BORROWER TO LENDER OR FOR ANY PAYMENT MADE BY THE GUARANTOR HEREUNDER, TO AND IN CONNECTION WITH THIS GUARANTY OR OTHERWISE. THIS GUARANTY AND GUARANTOR'S PAYMENT 081LGATION HEREUNDER SHALL CONTINUE TO BE EFFECTIVE OR REINSTATED, AS THE CASE MAY BE, IF AT ANY TIME PAYMENT OF ANY (IF THE OBLIGATIONS IS RESCINDED OR MUST BE OTHERWISE BE RESTORED OR RETURNED BY LENDER. AU AS THOUGH SUCH PAYMENT HAD NOT BEEN MADE. LENDER'S GOOD FAITH DETERMINATION AS TO WHETHER A PAYMENT MUST BE RESTORED OR RETURNED' SHALL BE BINDING ON GUARANTOR. CONFESSION OF JUDGMENT. Guarantor hereby lrrevocabiy authorizes and empowers any allomey or the Prothonotary or Clerk of any Court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any lime for Guarantor, and with or without complaint flIed, as of any term, confess or enter jUdgment against Guarantor for the enllre principal balance oflhis Guaranty and all accrued Interest, together with costs Of suit, and an attorney's commission 01 ten percent (10%) of the unpaid principal balance and accmed Interest for collection, but in any event not less than FIVe Hundred Dollars ($500); and for so doing, this Guaranty or a copy of Ihis Guaranty verified by affidavit shall be sufficient warrant. The authority granted in this Guaranty to confess JUdgment against Guarantor shall nol be ~hausted by any exercise of that authority, but shall conllnue from time to time and at all times unlit payment in full of all amounts due under this Guaranjy.,- The lien arising from any jUdgment confessed or entered pursuant to the foregoing authority shall not extend to any of Guarantor's residential real proPE:l,rty as lhatterm is defined In Ihe Pennsylvania Acl of January 30, 1974 (pe, Laws 13. No.6), referred to as the Loan Interest and Protection law!,'1;iS amended, and the holder of any judgment confessed or entered pursuant to the forgoing authority shall not, in enforcement of any such jiJdgment, execute, levy or otherwise proceed against any such residential real property; provided. however, that the lien of such judgment shall extend fa such residential real property and that the hQlder thereof shall be permilled to execufe, levy or proceed against such residential real prope(ly,fro~ and after the entry of a judgment as contemplated by SecUon 407 of such Loan Interest and Protection Law and Rules 2981 to 2986 of the -Pennsylvania Rules of Civil Procedure, or successor or similar- statutes and rules. No limitation of lien or any execution, levy or other enforcement cOl)t!lJned in the,immediately preceding sentence shall apply with respeclto any jUdgment obtained other than by the foregOing authority to confess or e!lte!'ludgmenl. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES.J-l'AVi~i:;;READ ALL THE PROVISIONS OF THtS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION. EACH GUARANTOR UNDERSTANDS lliAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S I;XECUTlON AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GOA.RANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED DECEMBER 4, 1998. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. , , x ..e'<;';)1,y)t~i;'St1t~t), Slljl!:l.fi!.~, acknowledged and dellve d I!, the presence of: C;' ;2.. &; .. Witness , x Witness INDIVIDUAL ACKNOWLEDGMENT STATE OF rle.rtnS~/iI"I1I" 'Pe;.\J~h, " },'. ISS I COUNTY OF On !hi,. lhe Lf JL day OIl)~Cer. ~ I- . 19~. bolo'o me ~ 0 I'U Q ttO- In. ~ . Ihe undersigned Notary Publ1c, personany appeared Gary C. Wesner, known to me (or satisfactorily pr?"en) to. be the person wh me is subscribed to the within Instrument, and acknowledged that he or she e~uted the same for the purposes thereIn co Ined. . In witness whereof,l hereunto set my hand and ofnclal seal. NO";~;AL.' "'-j , CLAU ., Gr.t:~~'. '...~"t"'1 r.lJ-!i:;~ ,) ~, ' .l'~, ~~:~~1 L.ASeR PRO. Reg. U.s. Pal. & T.M. Off., Ver. 3.25 (el 1998 CFl PreServtees,lnc. All rights reserved. IPA-E20 GCWPROP,LN C12.0Vlj 222090990018 "",',I , .", , J':' '~ J, ~ '_l- , " ",I '"." Ht-., .. ,'''' ,-- ~. VERIFICATION I, Scott A. Dietterick, Attorney for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., secA904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of my information, knowledge and belief. ;, A'./Ail '.i'./011fb' '.~'e". ~I,. /' Ii' . 'I"-' . . \1 ri~" '1/ ,~ './1/ .... ..; -~.,_.,c. Scott A. ietterick Attorney or Plaintiff 222090990018 L _ '"". ~' " , L,' < , ~"j, ~ --laIit..,,, , Farmers and Merchants Trust Company Of Chambersburg -vs- -GCW Properties, Inc. and Gary C. Wesner In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-8425 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed. Sheriff s Costs: Docketing Poundage Advertising Law Library County Levy Surcharge Postpone Sale Share of bills Out of County York County 30.00 8,289.68 15.00 .50 1.00 15.00 30.00 20.00 25.53 9.00 34.50 $ 8,470.21 Pd by arty 01/16/01 Sworn and Subscribed To Before Me This .;JMio. D~ o{)..." Ml 2000, A.D. ~,"-' C!. ~,~ Pro on tary So Answers: .~~~~~?'~ R. Thomas Kline, Sheriff Byt~~ ,-. Real Estate Deputy \ ,sO 31117' ~ tlJ{,/J6' l~ . I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 00-8425 vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Farmers and Merchants Trust Company of Chambersburg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at Indian Springs Manor Mobile Home Park, Kline Road, Shippensburg, Cumberland County, Pennsylvania 17257: 1. Name and Address ofOwner(s) or Reputed Owner(s): GCW PROPERTIES, INC. 96 South George Street York,PA 17401 2. Name and Address ofDefendant(s) in the Judgment: GCW PROPERTIES, INC. 96 South George Street York, PA 17401 GARYC. WESNER 3065 Brookfield Drive York,PA 17404 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff ,'- " , , _.~ ~~ "I1J11 '_..:i 4. Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff BARLEY, SNYDER, SENFT, COHEN LLC 100 E. Main Street York, PA 17401 ROBERT V. GOTHEIR, SR. 1000 N. Front Street, Suite 500 Wormleysburg, PA 17043 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 ,~.....~~ ~ ",j.,. ~~ ~ , L ,~,," -~ - , I I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATED: Iz(n!QO I BY: JAMES, SMIT Scott A Dietterick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ,,,:1 - i "~: --".'; / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 00-8425 vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Gary C. Wesner 3065 Brookfield Drive York, PA 17404 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7,2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: Indian Springs Manor Mobile Home Park Kline Road Shippensburg, P A 17257 Cumberland County - " - , The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-8425 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: GCW Properties, Inc. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (l0) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 , DATED: , . ~ ;~ 'j ~" THE LEGAL RIGHTS YOU MAY HA VB ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP ,oIn/ Or) 1 BY: Scott A. ietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 '..~ ' -......~j"i ; ",-,I """,'., ... LEGAL DESCRIPTION I ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, and being more particularly bou,n~ed and described as fullows: '. . \ BEGINNING at a stake at the southerly line of the right-of-way of Interstate Route 81 and lands now or formerly of Mary Ann Brunner; THENCE along the lands now or formerly of Mary Ann Brunner, South 32013'40" West 2353.59 feet to a point on the line of lands now or formerly of Roy Funk; THENCE along the line now or formerly of Roy Funk, North 71024'10" West 660: 12 feet . to a spike in the center of L.R. 21006; THENCE along the centerline of L.R. 21006 the following bearings: North 44013'30" West 131.93 feet; North 26057'30" West 101 feet; North 19028'40" West 176.55 feet; and North 1308'44" West 324.23 feet to the southerly line of US Interstate Route 81; THENCE along the southerly line of US Interstate Route 81, North 58018'50" East 330.19 feet to a stake; THENCE still along the southerly line 'of US Interstate Route 81, by a curve to the right with a radius of 11,329.19 feet, an arc distance of 1593.50 feet toa stake;' THENCE still by the southerly line of US Interstate Route 81, North 66022'22" East 502.06 feet to a stake, the point and place of BEGINNING. . BEING the same premises which David E. Herrick and Brenda J Herrick by Deed dat.ed December 4,1998 and recorded on December 8, 1998 in and for C~berland COlmty, ill Deed Book 190, Page 745 granted and conveyed unto GCW Properties I , nc. Parcel No. 39-12-0324-010 ~ . ."1 ~, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 00-8425 vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 GCW Properties, Inc. 96 S. George Street, Suite 300 York, PA 17401 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: Indian Springs Manor Mobile Home Park Kline Road Shippensburg, P A 17257 Cumberland County '; I. ~, ":: t The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-8425 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: GCW Properties, Inc. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 <,;,,~" I -~~_.; I THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered, 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMIT DATED: ruIn/ M BY: Scott A. Dietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ,'"".1...:.. ., "1 ,', ,. , LEGAL DESCRIPTION I THENCE along the lands now or formerly of Mary Ann Brunner, South 32013'40" West 2353.59 feet to a point on the line of lands now or formerly of Roy Funk; THENCE along the line now or formerly of Roy Funk, North 71024'10" West 660.12 feet to a spike in the center of L.R. 21006; THENCE along the centerline of L.R. 21006 the following bearings: North 44013'30" West 131.93 feet; North 26057'30" West 101 feet; North 19028'40" West 176.55 feet; and North 1308'44" West 324.23 feet to the southerly line of US Interstate Route 81; THENCE along the southerly line of US Interstate Route 81, North 58018'50" East 330.19 feet to a stake; THENCE still along the southerly line 'of US Interstate Route 81, by a curve to the right with a radius of 11,329.19 feet, an arc distance of 1593050 feet toa stake; . THENCE still by the southerly line of US Interstate Route 81, North 66022'22" East 502.06 feet to a stake, the point and place of BEGINNING. BEING the same premises which David E. Herrick and Brenda J. Herrick, by Deed dated December 4, 1998 and recorded on December 8, 1998 in and for Cumberland County, in Deed Book 190, Page 745 granted and conveyed unto GCW Properties, Inc. Parcel No. 39-12-0324-010 - ',~'I, , 1 " ", i:..IL' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-8425 CIVIL TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Fanners and Merchants Trust Company of Charnbersburg PLAINTlFF(S) from CGW Properties, Inc. and Gary C. Wesner, 96 South George Street, York, PA 17401 DEFENDANT(S) (1) You are directed to levy upon the property of the detendant(s) and to sell See Leqal Descritpion ,f" ,~:_<, -,;.:: ''-)... t t,'..'. :. (2) You are !llso directed to attach the property of the defendant(s) not levied upon in the possession of ""," GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is/are enjoined from paying any debt to or for me account .of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof;" (3) If property of the Qefendant(s) not levied upon an subject to attachmenfis found ih the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. LL Due Prothy Other Costs $.50 Ar:nount Due $907,936.22 .. .; $42,940.80 from 7 /24/00 to date of Interest ga1@ @ $176 92 p€lr ai€lIll Atty's Comm % Atty Paid $123.00 Plaintiff Paid $1 nn Date: December 13, 2000 Curtis R. Lonq Prothonotary, Civil Division A~p-[} 7{kA~.r- Deputy -..by: REQUESTING PARTY: Name Scott A. Dietterick, Esq, Address: F.G.Box 650 Attorney for: Telephone: Supreme Court 10 No, Hershey, FA 17033 Plaintiff 717-533-3280 55650 ~~~i~i~~:llieM';1:Jj:~-">i,,,,,,"i,"-"i(.""'''il<0l'::m~&'*ti~.~IIlf~~~ ':itiUl!II '~ '"''''''-'-iilrlIiillJilII" ,~ . ~ ~<"" '<.. 'J ~..... ~~ REAL ESTATE SALE No}l} ,~:?~~,' .," ""*i'~', ' ;~..':':;~.',.e.~!I'.;.' :",~ .-!W;;' ~~, ,<"~, 1 ;f, ..Iii ~ If- ~ the slleriff levied upon the d8tencJants interest in the real property situ~ted in 1...7i1. .' d_~MAJy:' , lumbered as~ L <> /L../ .' -. C:;;;! ~ ~ ,rated herein. O'iii ~ ~i~ ~d1%~~~' -'- C.... "r::" \" .u." .<P. . \. . L\".~ ." '7<'" ,~ ~'" . .. - '2>' y . " on Exhibit "A" filed with Cumberland County, p,~ ~rf'''_A!.'~' aM ro(;! , this writ and by this rete!" 1ate/a",..~L jr,~J .= ,,,:,}",,,..Lt<,,~.!J,Jl.,'~,"''''v,,I,L ," .-<,,~"r-'w'.-",~, ~,.- ,. ,.-,...-I,."~<,,,~,".--f" " , ~,--I,~. ~ .I I!ii .' ".",. '."lL"', c"'.'" . "'" __" 'L~ ' "' .-v,',' '~, ',.', ",~ ,",~",~--,'____,,;'~,o' "",,,-~j" ",,,,"U "~". :_'", ,~, ~.- ,',:, , .- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERS BURG, CIVIL DIVISION Plaintiff, NO.: 00-8425 vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and munber SETTLED, SATISFffiD AND DISCONTINUED. Respectfully submitted: JAMES, S BY: DURKIN & CONNELLY LLP Scott . D erick, Esquire' PAl. . #55650 Attorney for Pl~tiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~~ ~' , ,c','"""" ' " "-" '~".'I'~'- ,~^,~'--<,'--;,';--,- .~,.-- ,'_;; "~. ~ 'O~ ,__ "~ I.;,.,,~ "";"",_~ ...-i. "., ,'/ It .>' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERS BURG, CIVIL DIVISION Plaintiff, NO.: 00-8425 vs. GCW PROPERTIES, INC. and GARY C. WESNER, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Satisfy Judgment was served on the following this 1tftJi day of ~ i ,2000, via First Class U. S. Mail, Postage Pre-paid: GCW Properties 96 South George Street York,PA 17401 Garyc. Wesner 3065 Brookfield Drive York,PA 17404 JAMES, SMITH DURKIN & CONNELLY LLP BY: Scott A Die tenck, Esquire PAI.D.#55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~ilm"""__llil__Ut4,jjlililliililDill~!ili~ '1lIl~~~Hii..(1-~WI~i!iwii1I!'~i'l&i '".;'}l",):, . ~"""~^__' "". '~,<"'" 1m!.,,,,,,, r"-"'I __~ ',~"""','", .'~'^_~,__"~,~ ,<-I ,"",-,~,., "'";,':""",;,,....1 '" ;- o g -- ~ --OCP ~gj 'th~ :z"'" '2"" %<6 7~ :2. ,I -,' %0 .... ';0 \ cP ..... q, ''';'~ ,. -n f.-IF -:gq.. . D;b ~~ ::0.\ t.,3 ~ s;:- -0 :% Ii! ~