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Home My WebLink About07-1614 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. C>'1 -1l,1l{ C.CJ~Lt~ v. : CONFESSION OF JUDGMENT GODSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: NI A CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: a. b. Principal Interest to March 21, 2007 Late Charges Attorneys' Fees $17,191.90 $ 454.62 $ 202.58 $1,7R1R'; c. d. TOTAL: $19,630.95, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC Date: March 2~ 2007 By: offr u , Esquire ,- upreme Court ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. 0'1 -l(,l~ (},o~L'€4.'( v. : CONFESSION OF JUDGMENT GOUSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/ A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, CommunityBanks, is a Pennsylvania banking institution organized and existing under the laws of the Commonwealth of Pennsylvania with a principal regional office located at 55 Wetzel Drive, Hanover, Pennsylvania 17331 ("the "Plaintiff'). 2. The Defendant, Gouse Chiropractic Health Services, Inc., is a Pennsylvania corporation with an office located at 427 N. Enola Road, Suite H, Enola, Pennsylvania 17025 (the "Defendant"). 3. The Defendant executed and delivered to the Plaintiff a Commercial Fixed Rate Promissory Note dated May 10, 2005 (the "Note") in connection with a loan in the original principal amount of Thirty-Two Thousand Six Hundred Seventy-Four and 08/100 Dollars ($32,674.08). A true and correct photostatic reproduction of the original Note is attached hereto as Exhibit "A" and made a part hereof 4. The Defendant executed and delivered to the Plaintiff a Disclosure of Confession of Judgment and Waiver of Rights ("Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "B" and made a part hereof 5. The Defendant is in default of the Defendant's obligations to make payment to the Plaintiff as required in the Note, and the Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of the Plaintiffs demand dated February 23, 2007, is attached hereto as Exhibit "C" and made a part hereof. 6. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. There has not been any assignment of the Note. 8. Judgment has not been entered on the Note in any jurisdiction. 9. The amount due to the Plaintiff as a result of the Defendant's default is as follows: a. b. Principal Interest to March 21, 2007 Late Charges Attorneys' Fees TOTAL: $17,191.90 $ 454.62 $ 202.58 $ l,7Hl HI:) $19,630.95 c. d. 10. Interest continues to accrue at the rate of$3.82042 per day. WHEREFORE, Plaintiff, CommunityBanks, demands judgment against the Defendant, Gouse Chiropractic Health Services, Inc., in the amount of Nineteen Thousand Six Hundred Thirty and 951100 Dollars ($19,630.95), plus interest at the rate of $3.82042 per day through the date of payment, including on and after the date of entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff may be entitled. Respectfully submitted, McNees Wallace & Nurick LLC Date: March 2.1., 2007 By: "0 0 ff, Esquire Supreme Co rt ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. v. : CONFESSION OF JUDGMENT GOUSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Georgia Bear, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my infonnation, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: 3/11../ D'7 COMMUNlTYBANKS BY~~ Georgia Bear Vice President, Collections Manager CommunitvBanks Go'. Inc (:)::::::::()::t:::(((('('i]'Q:a8QW~t??r:'\/" ,. ,."".."", J Chiropractic HeaithS~~~i~~~; COMMERCIAL FIXED RATE PROMISSORY NOTE Community Banks 2796 Old Post Road Harrisbun!, PA 17110 (717) 909-g400 ''LENDER'' ::?:)f:?:::::f::::::):?{}<{{i})){,::::,:::}m::tid~))r:::::r:::t:i:::::::rr::::::,:':,,::':::' .27 N. Enola Road qSuite"'!i,qqqq,q ~g~,~1.,J?~" 17025 :~~:~:::::::?:::::::::,::://":::'::::j*miliM~tj~~:l.i@;rr::: """,.. , (717)732-1800 :l.~~l~~ri.~," ,':, ')'::"':' ~'A1.::,:.::,::'::,,::::.:::':: ': :::::,:"'::::;:::':::ij~~i.ffl.t':,:i:::::::::::::':,:::::,:::::;':::::::::::::::':::':::::::111:.'::::,:::::,:.:':..::::i:':':':::/}*I~:::'i::..::'::,:::': :..:,:,:,:::::::,,:,:,:;~~~:::::":::::::': 8,000 % $32,674.08 05/10/05 05/10/08 to urchase e ent and consolidate debt PROMISE TO PAY: For value received, Borrower promises to pay to the order of Lender the principal amount of Thirty Two Thousand Six Hundred Seventy Four and 08/100 Dollars ($ 32,674.08 ) plUl interest on the unpaid principal balance at the rate and In the manner described below, until all amounts owing under this Note are paid in full, All amount~ received by Lender shall be applied first to accrued, unpaid interest, then to unpaid principal, and then to any late charges and expenses, or in any other orde as determined by Lender, in Lender's sole discretion, as permitted by law. INTEREST RATE: Interest shall be computed on the basis of the actual number of days over 360 days on this Note shall be calculated and payable at the fixed rate of 8 . 000 % per annum. DEFAULT RATE: If there is an Event of Default under this Note, the Lender may, in its discretion, increase the interest rate on this Note to: Rate in effect at time of default plus two percent (2%) or the maximum interest rate Lender is permitted to charge by law, whichever is less. PAYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule: per year. lnteresl 35 payments of $1,025.78 beginning June 10, 2005 and continuing at monthly time intervals thereafter, A final payment of the unpaid principal balance plus accrued interest is due and payable on May 10, 2008. PREPAYMENT: This Note may be prepaid in part or in full on or before its maturity date!!J with 0 without penalty. If this Note contains more than one installment, any partial prepayment will not affect the due date or the amount of any subsequent installment, unless agreed to, in writing, by Borrower and Lender, If this Note is prepaid in full, there will be 0 A minimum finance charge of $ ~ A prepayment penalty of : Borrower shall pay a prepayment penalty equal to 2.00% of the amount prepaid if prepaid by a third party. Prepayments made by Borrower are acceptable. LATE CHARGE: If a payment is received more than 10 days late, Borrower will be charged a late charge of: 0 !:!!!laid late payment; n$ ; ~ 5.00 % of the unpaid late payment or $50.00 U less, as permittedbY' law, No more than one late charge will be imposed on any single payment or portion of any payment. % of the , whichever is [!] greater SECURITY: To secure the payment and performance of obligations incurred under this Note, Borrower grants Lender a security interest in ali of Borrower's right, title, and interest in all monies, Instruments, savings, checking, share and other accounts of Borrower (excluding IRA, Keogh, trust accounts and other accounts subject to tax penalties if so assigned) that are now or in the future in Lender's custody or control. ~ If checked, the obligations under this Note are also secured by the collateral described in any security instrument(s) executed in connection with this Note, and any collateral described in any other security instrument(s) securing this Note or all of Borrower's obligations, CHECK PROCESSING FEE: If a check for payment is retumed to Lender for any reason (for example, because there are insufficient funds in Borrower's checking account), Lender will assess a check processing fee of $ 35. 00 , which shall be added to the principal balance, RENEWAL: 0 If checked, this Note is a renewal, but not a satisfaction, of Loan Number ' WARNING: READ BEFORE SIGNING. YOU ARE WAIVING IMPORTANT RIGHTS [XI IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN EVIDENCED BY THIS NOTE, BORROWERIRREVOCABL Y AUTHORIZES AND EMPOWERS /lNY ATTORNEY OR THE PROTHONOTAAYOR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYlVANIA, OR aSEWHERE, TO APPEAR AS ATTORNEY FOR BORROWERIN ANY ACTION BROUGHT BY LENDER AFTER BORROWER'SDEFAULT UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND TO CONFESS JUDGMENT AGAINST BORROWERFORALL SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND FORALL ACCRUED INTEREST ON THOSE AMOUNTS, COST OF SUIT, AND ATTORNEY FEES, TOGETHER WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEREST SPECIFIED IN THE NOTE AFTER DEFAULT, FROM THE ENTRY OF SUCH JUDGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUALLY RECEIVED. THIS NOTE, OR A COPY VERIFIED BY AFFIDAVIT, WILL BE A SUFFICIENT WARRANT. THE AUTHORITY GRANTED HEREIN MAY BE EXERCISED AS NEEDED FROM TIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT IN FULL OF ALL SUMS DUE LENDER. BORROWERKNOWINGL Y,INTENTIONALL Y AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDITlONALL Y WAIVES ANY AND ALL RIGHTS TO DUE PROCESS BORROWERHAS OR MAY HAVE UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND OF THE COMMONWEALTH OF PENNSYLVANIA, EXCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF ANY CONFESSED JUDGMENT. BORROWERFURTHERUNDERSTANDSTHAT UPON BORROWER'SDEFAUL T AND CONFESSION OF JUDGMENT, THIS WAIVER ALLOWS LENDER TO IMMEDIATELY EXECUTE UPON AND SEIZE AND SaL ANY OF BORROWER'S PROPERlY WITHOUT PRIOR NOTICE OR OPPORTUNITY, FOR HEARING, EXCEPT Nf'( NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT, IN ORDER TO SATISFY OR SECURE ALL SUMS DUE. THE PERSONS SIGNING BELOW ACKNOWLEDGETHATTHEY HAVE READ, UNDERST AND,AND AGREETO THE TERMS AND CONDITIONS OF THIS NOTE, INCLUDING THE PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWLEDGE RECEIPT OF AN EXACT COPY OF THIS NOTE. IN WITNESS WHEREOF, the undersigned haslhave caused this instrument to be executed as a sealed instrument this 10th day of Mav, 2005 BORROWER: use Chiropractic Health Services, BORROWER: nc (Seal) (Seal) BORROWER: (Seal) (Seal) BORROWER: BORROWER: (Seal) (Seal) BORROWER: BORROWER: ~ >< h', Io-l" ,( A '\\ (Seal) (Seal) TEAMS A.ND CON'Ol11ON8 '1.' EV~NtS OF DEFAULT. An Event of Ot. ( will occur under this Note In the event that 80rrO\__ ;any guarantor or any other third party pledging collateral to secure this Note: (a) falls to make any payment on this Note or any other indebtedness to lender when due; (b) fails to perform any obligation or breaches any warranty or covenant to Lender contained In this Note, any security Instrument, or any other present or future written agreement regarding this or any other indebtedness of Borrower to lender; (c) provides or causes any false or misleading signature or representation to be provided to lender; (d) sells, conveys, or transfers rights in any collateral securing this Note without the written approval of Lender; destroys, loses or damages such collateral in any material respect; or subjects such collateral to seizure, confiscation or condemnation; (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor, or any third party pledging collateral to secure this Note or any of their property; (I) dies, becomes legally Incompetent, is dissolved or terminated, ceases to operate its business, becomes Insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) falls to provide lender evidence of satisfactory financial condition; (h) has a majority of its outstanding voting securities sold, transferred or conveyed to any person or entity other than any person or entity that has the majority ownership as of the date of the execution of this Note; or (i) causes lender to deem itself insecure due to a significant decline in the value of any real or personal property securing payment of this Note, or lender in good faith, believes the prospect of payment or performance is impaired. 2. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued Interest under this Note and all other present and future obligations of Borrower immediately due and payable In full, such acceleration shall be automatic and immediate If the Event of Default Is a tiling under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to Judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral In any manner permitted by law; (e) to require Borrower to deliver and make available to lender any collateral at a place reasonably convenient to Borrower and Lender; (I) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set-off Borrower's obligations against any amounts due to Borrower Including, but not limited to, monies, Instruments, and deposit accounts maintained with lender; and (h) to exercise all other rights available to lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately, and In any order. Lender's remedies under this paragraph are In addition to those available at common law, including, but not limited to, the right of set.off. 3. DEMAND FEATURE. 0 If checked, this Note contains a demand feature. Lender's right to demand payment, at any time, and from time to time, shall be In lender's sole and absolute discretion, whether or not any default has occurred. 4. RNANCIAL INFORMATION. Borrower will at all times keep proper books of record and account In which full, true and correct entriee shall be made in accordance with generally accepted accounting principles and will deliver to lender, within ninety (90) days atter the end of each tiscal year of Borrower, a copy of the annual financial statements of Borrower relating to such fiscal year, such statements to Include (I) the balance sheet of Borrower as at the end of such fiscal year and (il) the related Income statement, statement of retained earnings and statement of cash flow of Borrower for such fiscal year, prepared by such certified public accountants as may be reasonably satisfactory to lender. Borrower also agrees to deliver to Lender within fifteen (15) days after tiling same, a copy of Borrower's income tax retums and also, from time to time, such other financial Information with respect to Borrower as lender may request. 5. MODIRCATlON AND WAIVER. The modification or waiver of any of Borrower's obligations or lender's rights under this Note must be contained In a writing signed by lender. lender may perform any of Borrower's obligations or delay or fail to exercise any of Its rights without causing a waiver of those obligations or rights. A waiver on one occasion will not constlMe a waiver on any other occasion. Borrower's obligations under this Note shall not be affected If Lender amends, compromises, exchanges, falls to exercise, impairs or releases any of the obligations belonging to any co-borrower or guarantor or any of Its rights against any co-borrower, guarantor, the collateral or any other property securing the obligations. lender may accept and apply checks and other Instruments marked 'Paid in Full' or with a similar phrase describing a payment as full satisfaction of the obligations incurred under this Note, without being bound by that language and without waiving any rights to payment of all amounts owing under this Note. 6. SEVERABIUTY. If any provision of this Note is invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 7. ASSIGNMENT. Borrower agrees not to assign any of Borrower's rights, remedies or obligations described in this Note without the prior written consent of lender, which consent may be withheld by Lender in Its sole disqretion. Borrower agrees that lender is entitled to assign some or all of Its rights and remedies described In this Note without notice to or the prior consent of Borrower. 8. NOTICE. Any notice or other communication to be provided to Borrower or Lender under this Note shali be in writing and sent to the parties at the addresses described in this Note or such other address as the parties may designate in writing from time to time. 9. APPUCABLELAW. Interest, including rates, fees and charges which compensate lender for the extension of credit to Borrower under this Note or for making the line of credit available to Borrower, or which compensate Lender for any default or breach by Borrower of the terms and conditions of this Note, shall be governed by federal law and the laws of the state of Pennsylvania . All other terms and conditions of this Note shall be governed by the laws of the state of Pennsylvania ,unless otherwise preempted by federal law. Unless applicable law provides otherwise, Borrower consents to the jurisdiction and venue of any court located In pennsvl vania selected by lender, In its discretion, in the event of a legal proceeding under this Note. 10. COLLECTION COSTS. To the extent permitted by law, Borrower agrees to pay Lender's reasonable fees and costs, Including, but not limited to, fees and costs of attorneys and other agents (Including without limitation paralegals, clerks and consultants), whether or not such attorney or agent Is an employee of lender, which are incurred by lender In collecting any amount due or enforcing any right or remedy under this Note, whether or not suit is brought, including, but not limited to, all fees and costs Incurred on appeal, in bankruptcy, and for post-judgment collection actions. 11. MISCELLANEOUS. This Note is being executed primarily for commercial, agricultural, or business purposes. Borrower and Lender agree that time is of the essence. Borrower agrees to make all payments to Lender at any address designated by lender and In lawful United States currency, Borrower and any person who endorses this Note waives presentment, demand for payment, notice of dishonor and protest and further waives any right to require lender to proceed against anyone else before proceeding against Borrower or said person. All references to Borrower in this Note shall include all of the parties signing this Note, and this Note shall be binding upon the heirs, successors and assigns of Borrower and Lender. If there is more than one Borrower their obligations under this Note shall be joint and several. Information concerning this Note may be reported to credit reporting agencies and will be made available when requested by proper legal process. This Note represents the complete and integrated understanding between Borrower and lender regarding the terms hereof. 12. JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE. 13. ADDITIONAL TERMS: Borrower and Guarantor shall furnish Bank with annual compiled financial statement and current year tax return. LPPACOMM@ John H, Harland Co. (4/14/00) (800) 937-3799 CommunitvBanks " ,.. ,::"":":'::::::::::):Jil.P~!'lQ.WJ.6:t:)):Ht)/))i)}: ". Go\ Chiropractic Heal th Service's~ Inc" DISCLOSURE OF CONFESSION OF JUDGMENT AND WAIVER OF RIGHTS (Business Entity) Community Banks 2796 Old Post Road Harrisburg PA 17110 (717) 909-3400 "LENDER" :tt::::tt:rr:t:rt::::::::ttt:r::rt::rrrr:::~~f::rttt::::rttrr:;: "" "" , ."", 427 N. Enola Road Suite H Enola PA 17025 ::::t:~:~t:)))))))))):::f)i/::::::)~!iOO@i.Mi~@?)): :':':':'::::::::::::: ,., (717)732-1800 '::::::::::::::,jf.~~mt::':':::::::::::,::::':::::'::~~!';;:::,!!:',:::: 05/10/05 05/10/08 1. Today I am signing a note or credit agreement, together with other related loan documents, obligating Borrower, <<orpora tion to pay Lenderthe principal amount of $32, 674 .08 , together with interest, costs and fees. 2. A representativeof Lender has explained to me that the loan documents contain a CONFESSION OF JUDGMENT, language that pennits Lender to obtain a court judgment against Borrower after any obligation under the note or credit agreement is in defauit. Lender's representative has also explained to me that the judgment may be obtained against Borrower without notice to Borower and without offering Borrower an opportunity to defend against the entry of the Judgment, and that, once obtained, the judgment may be collected by any legal means. 3. In signing the note or credit agreement, I am knowingly, understandingly and voluntarily consenting to the CONFESSION OF JUDGMENT. To the extentpennitted by law, I am waiving Borrower'srlghtsto reslstthe entry of Judgment against It, including (a) the right to notice and a hearing; (b) the right to reduce or set-off a claim by deducting a claim Borrower may have against Lender; (c) release of error; (d) the right to ascertain whether the rents and profits of Borrower's real estate will be sufficient to satisfy the judgment within seven years (called the right of inquest); (e) stay of execution; (f) exemption laws now in force of hereafter to be passed; and (g) the right to defend against the entry of the judgment against Borrower. 4, "I" or "me" means each person signing this Disclosure and Waiver. Othertenns used in this document have the same meaning as used or defined in the note or credit agreement I am signing. I certify and acknowledge that I have read and that I understand this Disclosure and Waiver, and that I received an exact copy of this Disclosure and Waiver at the time I signed it. 10, 2005 se Chiropractic Health Services, BORROWER: BORROWER: BORROWER: BORROWER: BORROWER: BORROWER: LPPA88ll ~ fWt8nd FlnancHl SoI~, lno. (llIlW4) (100) WT41fI8 ~)( ~.\ b i+- t'rB')) - .. I Communit~Banks f\lE copy February 23, 2007 Gouse Chiropractic Health Services, Inc. 427 N. Enola Rd. Suite H Enola, P A 17025 RE: Commercial Loan # 109114890 Dear Christopher & Michelle Gouse, Your loan with Community Banks is in defuult as you have failed to pay the scheduled principal and interest payments of the loan as outlined in the Promissory Note. As a result of these defaults, demand is hereby made for immediate payment in full of all principal, interest, late charges and any fees associated with the loan. TOTAL DUE AS OF March 21,2007: Current Balance Accrued Interest Late Charges $ 17,191.90 454.63 202.58 Per Diem: $3.82 Total payoff THROUGH March 21, 2007 is 517,849.11. Demand is hereby made for IMMEDIATE payment in full of the amount outlined above. Failure to make this payment within 30 days could result in the Bank taking immediate action to preserve and protect its rights under the terms of the loan document. Please contact the undersigned at 646-3504 to make arrangements for the payment of all outstanding loan amounts. sme<<W' ~- Manager, Resource Recovery Dept. Community Banks P.O. Box 350 . Millersburg, PA 17061 . Phone 1-866-255-2580 e ~ ,^', b ~ '\- (( C ')\ ..' . .' \ ?002 2030 riI . iil... Cettified Mail Rociept: -1002 2030ooo594116914-CbrislOPbet 7002 2030 0005 9411 6936 - Michelle 10022030 0005 9411 6998 - (louse Cl>iroJlrllCIic ServiceS, INC Also sent via First Class Mail on 02/23/07 Copy to: file ?002 2030 0005 9411 b998 ~ ilHI iddii i ii ii i 4 ; . complete Items 1, 2, and 3. Also complete Item 4 If Re$'Ipted'DeIlvery Is desired. I . PrInt your name and ,address on the reverse so that,We can return the card to you, . Attach this oard to the back of the mal/piece, or on the front If space permits. t. ArtIcle Addressed to: o Agent o Addresse C. Date of Deliver GOUf>f ~H ({(LIPlAN'll HEI1C-TIf ,3fCS IN q ~ 1 N, r ~OLI1 eJ) _sr:7H · fJJoLA f~ l~O~~ I 3. ServIce 1)'pe , f c-certIfled Mall 0 ~~MaI(' o Registered ld1fetum Receipt for Merchandise o Insul'lld Mall 0 C.O.D. 4. Restrtcted Delivery? (Extra Fee) 0 Yes 2. ArtlcIe Number (Transfer from servlce IS. 'PS Fonn 3811,'February 2004 7002 2030 0005 9411 b998 Domestic Return Receipt 102595-02-M-1540 t ~ (J ~ {;) \ ~ r--' ~ Vl 0 <,,:0) ........ C, c.::> \) ....J F - ~ 5:. :::?' ~~ \-,\1 ~ ~ S; ~ -om 1',' -aC( ~ 6' D 0"' 6c' lv C> ::;) ,,', (U' -0 (~) "JJ ~ :;it -,,-,,0 ...- ~ .'<- en ~~ <.:? 9 ""t:>- en ?l r--. ~ 0 ." COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. 6'7 -l{..ll[ (2iu~L '-r'k, v. : CONFESSION OF JUDGMENT GOUSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Gouse Chiropractic Health Services, Inc. A judgment in the amount of $19,630.95, plus interest, other expenses, fees and costs has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~ Date: MarchZZ; 2007 Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, McNees Wallace & Nurick LLC By: G offr . Sh , Esquire Supreme Co ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks ,..." = = -.J 3: ::r> :;::0 1',,) 0"\ ~ ~ m:D r- -om :06 o -.... _\ .... ... (") :!J 40 .e- nl ~ ~ -< -0 ::It w .. c..n o COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. D7 -/{,(l{ CUj'.( 'T ~ v. : CONFESSION OF JUDGMENT GOUSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, CommunityBanks. Papers may be served at the address set forth below. Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Respectfully submitted, McNees Wallace & Nurick LLC Date: March 2 Z, 2007 BY.~ . S ff, Esquire Supreme CoUrt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks "-> = = -...I ::K: > ::0 N en -0 3: w .. U1 o ~ ~ n,:O -0 hi ::0 C"J aT --fO ::1: =H 0= zM ~ S; ""< COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. 0'7 -11,(Lf ~iv;LT~ v. : CONFESSION OF JUDGMENT GOUSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: NI A CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, CommunityBanks, is 55 Wetzel Drive, Hanover, Pennsylvania 17331; and that the last known address of Defendant, Gouse Chiropractic Health Services, Inc., is 427 N. Enola Road, Suite H, Enola, Pennsylvania 17025. Respectfully submitted, McNees Wallace & Nurick LLC Date: March2l, 2007 BY:~ Geo . h , Esquire upreme Col)ri ill #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks (') (- ~ :-Q LX] :...!..;t: ~T ""...... ~?-,.; ~J ~ ~- ,;> '7': i;~~ ~ ~ = = -oJ :x > ::0 N 0"'1 ~ ~:o :-Oh1 .,p9 () ... :::::1 (.J .., ., "5'1 "7 (") Om >' ::0 -< v ::It ~ U'l o COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. 6'1 - I Lll.{ e/~LL/~~ v. : CONFESSION OF JUDGMENT GOUSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/ A AFFIDA VIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant, Gouse Chiropractic Health Services, Inc., in the above-captioned action is not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: March 2,L., 2007 By: uff, Esquire ourt ID #24848 100 Pin treet, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks () c -.. ~ ?i: (,' f.T~ [Ii i'~ t~~/ _..r .,. r ~~ ~.~. .-<: ,..." C,:) <= -.. ::x > ::::0 N en -0 - ... ~ :r n,:n r- 32m ..dO, o ~~; O:!.J 20, Om ~ -< w .. en <::I ... COMMUNITYBANKS, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKETNO. 0'1-11.11[ C.;vLL~ v. CONFESSION OF JUDGMENT GOUSE CHIROPRACTIC HEALTH SERVICES, INe. Defendant : PREVIOUSLY ASSIGNED TO: N/A NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A, ~ 2737.1 (Act 105 of2000) To: Gouse Chiropractic Health Services, Inc., Defendant Pursuant to 42 Pa. C.S. S 2737.1. please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of$19,630.95. You are entitled to file a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You will file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle, Cumberland County, Pennsylvania. A petition is a formal statement of your reasons for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment is a separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifYing that the facts you state in the petition are true and accurate. You will waive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. You may have other rights available to you other than as set forth in this notice. You should take this paper to your .. lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgment. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified and had a confession or judgment entered against you, you are entitled to costs and reasonable attorney fees as determined by the court. Respectfully submitted, McNees Wallace & Nurick LLC Date: MarchJ..2;-2007 By: . Sh , Esquire erne C ill #24848 100 Pine. treet, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks " ... Pennsylvania Rule of Civil Procedure 2959 - Striking off .Judgment (a)(l) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.l(c)(2) or Rule 2973.l(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (') C 7 ;}i CD ~~!_T: ~f~- -,' r: .-- !~ ~ '" I".) <= ,..::;) ....... o 11 :e-" n,-- -or- :;:-)8 O(l .:;j .:.r\ ,cs-ri zO orM --I ?is -< :Jl: :-c. :::0 N O'l -0 ::J:: ':J c.n o ." COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. 07 -I{,l~ d~~L~~ v. : CONFESSION OF JUDGMENT GOUSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/ A To: Gouse Chiropractic Health Services, Inc., Defendant You are hereby notified that on (YJ'::1 /J r 1-... ;2(.. , 2007, judgment by confession was entered against you in the swn of $19,630.95, in the a~, ase. DATE: d/).~/07 >Z Prothonot YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Gouse Chiropractic Health Services, Inc. 427 N. Enola Road, Suite H Enola, P A 17025 ~ A orne l\l(ntiff ~ .. A, Gouse Chiropractic Health Services, Inc., Demandado(s) Por este medio sea avisado que en el dia de de 2007, un fallo por admision fue registrado contra usted por la contidad de $19,630.95 del caso antes escrito. F echa: el dia de de 2007 Protonotario LLEVE EST A DEMANDA A UN ABODAGO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Por este medio certifico que 10 siguiente es la direccion del demandado dicho en el certificado de residencia: Gouse Chiropractic Health Services, Inc. 427 N. Enola Road, Suite H Enola, P A 17025 ... \ ll"~ .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. 07-1614 Civil Term v. : CONFESSION OF JUDGMENT GODSE CHIROPRACTIC HEALTH SERVICES, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/ A RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, CommunityBanks, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Gouse Chiropractic Health Services, Inc. 427 N. Enola Road, Suite H Enola, P A 17025 Respectfully submitted, McNees Wallace & Nurick LLC Date: April 10, 2007 By: e e . S uff, Esquire upreme Court ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks "" ..-- " " ,I" 2. ArtIcle Number '. :i 'I ,I :/ 'I :! 1111 II 1111111 IIUI 7J.WI 3U 'II"" Alii! mla s. ServIc:e 1YPe ,CER11F1ED MAIL " ,i 4. Reetrlcted Delivery? (Extnt RIll) if 1. Article Addreasecl to: ~ I I :1 'I ii :1 'I ~i I ': " 'j ova. Gouse Chiropractic Health Services, Inc. 427 N. Enola Road, Suite H Enola, PA 17025 CommunityBanks Geoffrey S. Shuff .i i I! i!! 1 I t 1 I! t i i {f t I ! {i. 1 f { .f If! iI I 11 f f i J 1 j f 1 'f II i i r I ~ i ~ : l t I ~ PS Form 3811, January 2005 Domestic Return Receipt . !: 'i 1ld:aO 31111 .14&:1 SJ.LIi! ,37J.b ~i ,i II TO: Gouse Chiropractic Health Services, Inc. I: I 427 N. Enola Road, Suite H : ~tlOla, P A 17025 I I ;! i SENDER: I: !i 1 '. I I: !: " Geoffrey S. Shuff REFERENCE:CommunityBanks PS Fonn S800 Janua 2005 " !i RETURN Postage ,:l. RECEIPT Certlfled Fee SERVICE ~ Return Receipt ~! 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