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HomeMy WebLinkAbout07-1676 r I I . - '" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. D'7 - /'''lb eru~L ~~ v. : CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHELLE I. GOUSE, Defendants : PREVIOUSLY ASSIGNED TO: NI A To: Christopher A. Gouse and Michelle I. Gouse, Defendants You are hereby notified that on fY/';JA r L 2'"2 , 2007, judgment by confession was entered against you in the sum of$19,630.95, in the a ve-caption case. DATE: ;]/';.'1 )07 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 Defendants stated in the certificate of residence: Christopher A. Gouse Michelle I. Gouse 3510 Beech Run Lane Mechanicsburg, P A 17050 ~... "" A, Christopher A. Gouse and Michelle I. Gouse, Demandado(s) Por este medio sea avisado que en el dia de de 2007, un fallo por admision fue registrado contra usted por la conti dad 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 ESCRITA ABAJO PARA AVERIGUAR 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: Christopher A. Gouse Michelle I. Gouse 3510 Beech Run Lane Mechanicsburg, P A 17050 Ab~e(S) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO. ot -1(,/''- C:...L~~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHELLE I. GOUSE, Defendants : PREVIOUSLY ASSIGNED TO: N/ 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 Defendants and confess judgment in favor of the Plaintiff and against the Defendants as follows: a. b. c. d. Principal Interest to March 21, 2007 Late Charges Attorneys' Fees $1 7, 191. 90 $ 454.62 $ 202.58 $ l,7Rl RS TOTAL: $19,630.95, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC Date: March 1. ~ 2007 By: Geo . S uff, Esquire erne C urt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CornmunityBanks o c: ~ -r; ~}J rn r_i~i ~~..; e;':' ' -< r:: <- -~:,::!. 5t ~ ,...., <:::) = -s :x :::- ;::0 N -.I ~ :r!-n ("11- Hi "3.' ':;:7 :: )\ C LJ ::;J -r, -.......'1 0(') Zrn S ~ -0 :J: .r::- w I > COURT OF COMMON PLEAS OF CUI\1BERLAND COUNTY, PENNSYLVANIA CIVeCfION . .'bOCKET NO. 07 -/l.7b (!, o~ LI'iI2.."1 COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHELLE I. GOUSE, Defendants : PREVIOUSLY ASSIGNED TO: NI 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 Defendants, Christopher A. Gouse and Michelle I. Gouse, are adult individuals whose last known address is 3510 Beech Run Lane, Mechanicsburg, Pennsylvania 17025 (the "Defendants"). 3. The Defendants executed and delivered to the Plaintiff an Unlimited Continuing Guaranty (the "Guaranty"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made part hereof. 4. Under the Guaranty, the Defendants guaranteed to the Plaintiff the payment of all amounts due to the Plaintiff by Gouse Chiropractic Health Services, Inc. (the "Debtor") under the Commercial Fixed Rate Promissory Note dated May 10, 2005, in the original principal amount of Thirty-Two Thousand Six Hundred Seventy-Four and 081100 Dollars ($32,674.08) (the "Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "B" and made part hereof. 5. The Defendants 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 "C" and made a part hereof. 6. The Debtor is in default of the Debtor's obligations to make payment to the Plaintiff as required in the Note and Defendants are in default of the Defendants' obligations to make payment to the Plaintiff under the Guaranty. As a result of the Debtor's and the Defendants' defaults, the Plaintiff has demanded payment of all outstanding amounts as provided in the Note, which are now due and payable in full. A copy of the Plaintiffs demand dated February 23,2007, is attached hereto as Exhibit "D" and made a part hereof. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Guaranty or the Note. 9. Judgment has not been entered on the Guaranty in any jurisdiction. 10. An itemized computation of the amount due to the Plaintiff by the Defendants as a result of the Defendant's default under the Guaranty is as follows: c. d. Principal Interest to March 21, 2007 Late Charges Attorneys' Fees TOTAL: $17,191.90 $ 454.62 $ 202.58 $ l,7Rl R'i $19,630.95 a. b. 11. Interest continues to accrue at the rate of$3.82042 per day. WHEREFORE, Plaintiff, CommunityBanks, demands judgment against Defendants, Christopher A. Gouse and Michelle I. Gouse, 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: MarchZl, 2007 BY:~ y . S ff, Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 7108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. v. : CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHEl J .R I. GOUSE, Defendants : PREVIOUSLY ASSIGNED TO: N/A VERlFICATION L Georgia Bear, hereby verifY that the statements made in the foregoing Complaint are true and correct to the best of my information, 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. I), 1/ /~( ./1 Date: ,.)- ; D { COMMUNTIYBANKS BY~~ Ii Georgia Bear - Vice President, Collections Manager CommunltvBanks Community Banks 2796 Old Post Road Harrisbur2 PA 17110 (:717) 909-3"400 "LENDER" UNLIMITED CONTINUING GUARANTY \ .....d:.:.f;h~;:h:;}::~t:~~~'~://: Michelle I Gouse ,-.;.;:;::::::::;:::;:;:;;.;.:;::;.:::::,:::,;.:;:::.;.:;:;: :.;.;.:-::::;:;:;:;:;.;.::;.;.:.... ........... .... ":'{)i/':j:":(/){(:g,,'::::::::g:::i::{)::j:':'/lQflflQWI':/)):'))))'::)){:::'::\)' Gause Chiropractic Health Services, Inc ;,:.;.:-:.:.;.;.;.:.; :;:;:::::::;:;:;:;::: '::i'g::i:~::::::i!:!g:~\::i!\::t!!~!~~M(\::r::r::mlm:::m=::::::::::::::::::::::::::::::;::::::::::::::rttj: \~:~:;::::':::W:::::::\I~:i.::t:~:b:::~~~T!r::i}::::'r:::::t: ....:: ..r;. .................... Kechanicsburg, PA 17050 Enola, PA 17025 HW.Y"I!l~lftlf.?::::):::::tt:r:::::/:j:'::::::t:t:::::t:::)'1_~!~J@Wtr::t:::::)::)):t:):t:)?d~w.>.!.:::.:.::::.?:::::t:::::r::::::::::t:::::::r::r::::::Jp~lif$.),(r/?/::":;:: ..... (717) 732 -6335 (717) 'i32 ::.ISO(f.............................. 1. CONSIDERAnON. This Guaranty Is being executed to Induce Lender, Indicated above, to enter into one or more loans or other financial accommodations with or on behalf of Borrower. 2. GUARANTY. Guarantor hereby unconditionally guarantees the prompt and full payment and performance, and promises to pay all of Borrower's present and future, Joint and/or several, direct and Indirect, absolute and contingent, express and implied, Indebtedness, liabilities, obligations and covenants (cumulatively 'Indebtedness') to Lender when due (whether upon maturity or by demand, acceleration or otherwise). Guarantor's liabilities and obligations under this Guaranty ('Obligations') shall be unlimited and shall include all present and future written agreements between Borrower and Lender (whether executed for the same or different purposes than the foregoing), eVidencing the Indebtedness, together with all Interest and all of Lender's expenses and cost?, in?luding but not limited to reasonable attomey's fees incurred In connection with the Indebtedness including any amendments, extensions, modIfications, renewals, replacements or substitutions thereto, Including, but not limited to, the follOWing Indebtedness: :.:..::':::::.:..::t:~A~:::~::::::::::::::::::~::~r:::;::::;:::::~;:::::~tr..:.::::.:..:.:...:::::._~::::...:ji:::!::::::::::::::::.::::::::.:?::::::.~:..{:..;~~::::::: ;i:~:::;:::::::::f:::k\t~:;'::i:::::::::::::::i:':: 8.000% $32,674,08 05/10/05 05/10/08 .....,... .......... 3. SECURITY INTEREST. 0 If checked, the Obligations under this Guaranty are seoured by the collateral described in any security instrument(s) executed in conneotion with this Guaranty and any collateral desoribed In any other security instrument(s) securing this Guaranty or all of Guarantor's obligations. 4. ABSOLUTE AND CONnNUING NATURE OF GUARANTY. Guarantor's Obligations are absolute and continuing and shall not be affected or impaired if Lender repestedly and unconditionally amends, renews, extends, compromises, exchanges, fails to exercise or perfect rights in, Impairs or releases any collateral or any of the Indebtedness owed by any Borrower, Co-guarantor or third party (even If such impairs Guarantor's rights of subrogation) to Lender or any of lender's rights against any Borrower, Co-guarantor, third party, or oollateral. In addition, the Obligations shall not be affected or impaired by the discharge (Including but not limited to any Inability to collect a deficiency Judgment against) death, Incompetenoy, termination, dissolution, insolvency, business cessation, or other financial deterioration of any Borrower, Guarantor, or third party or by any state of faots or the happening from time to time of any event, inoludlng without limitation: The Invalidity, Irregularity, Illegality or unenforceabllity of, or any defect in, the promissory note or any agreement or any collateral security for the Obligation (the 'Collateral'); Any present or future law or order of any govemment (de lure or de facto) or of any agency thereof purporting to reduce, amend or otherwise affect the Indebtedness of the Borrower or any other obligor or any other terms of payment; The waiver, compromise, settlement, release or termination of any or all of the obligations, covenants or agreements of the Borrower under the promissory note or any agreement or of any party named as a Guarantor under this Guaranty; The failure to give notice to the Guarantor of the occurrence of an event of default under the promissory note or any other agreement; The loss, release, sale, exohange, surrender or other change in any Collateral; The repeated extension of the time for payment of any principal of or interest on the Indebtedness or of the time for performance of any obligations, covenants or agreements under or arising out of the promissory note or any agreement or the repeated extension or the renewal of any thereof; The modification or amendment (whether material or otherwise) of any obligation, oovenant or agreement set forth In the promissory note or any agreement; The taking of, or the omission to take, any of the aotions referred to in the promissory note or any agreement; Any failure, omission or delay on the part of the Lender to enforce, assert or exercise any right, power or remedy conferred on the Lender In the promissory note or any agreement; The voluntary or Involuntary liquidation, dissolution, sale or other disposition of all or substantially all the assets, marsha/llng of assets and lIab/llties, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition with creditors or readjustment of, or other similar proceedings affecting the Guarantor or the Borrower or any of their assets, or any allegation or contest of the validity of the promissory note or any agreement; The default or failure of the Guarantor to fully perform any Obligations set forth in this Guaranty; Any event or action that would, in the absence of this paragraph, result in the release or discharge of the Guarantor from the performance or observance of any Obligation, covenant or agreement contained In this Guaranty; and, Any other circumstances which might otherwise constitute a legal or equitable discharge or defense of a surety or a guarantor. 5. DIRECT AND UNCONDlnONAL NATURE OF GUARANTY. Guarantor's Obligations are direct and unconditional and may be enforced without requiring lender to exercise, enforce, or exhaust any right or remedy against any Borrower, Co-guarantor, third party, or any security or Collateral. 6. WAIVER. Guarantor hereby waives notice of the acceptance of this Guaranty; notice of present and future extensions of credit and other financial accommodations by Lender to any Borrower; notice of the obtaining or release of any guaranty, assignment, or other security for any of the Indebtedness; notice of presentment for payment, demand, protest, dishonor, default, and nonpayment pertaining to the Indebtedness and this Guaranty and all other notices and demands pertaining to the Indebtedness and this Guaranty; and, any and all defenses to payment as permitted by law. 7. NATURE OF GUARANTY. this Guaranty Is a guaranty of payment and not of collection, and the Guarantor hereby waives the right to require that any action be brought first against the Borrower or any other Guarantor, or any security or the Collateral, or to require that resort be made to any security or the Collateral or to any balance of any deposit acoount or credit on the books of the Lender In favor of the Borrower or of any Guarantor. 8. EVENTS OF DEFAULT. All Event of Default shall occur under this Guaranty in the event that any Guarantor: (a) fails to pay any amount under this Guaranty or any Obligation to Lender when due (whether such amount Is due at maturity by acceleration or otherwise); (b) fails to perform any obligation or breaches any warranty or covenant to lender contained in any loan document or this Guaranty or any other present or future promissory note or written agreement; (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 Guaranty without the written approval of lender, destroys, loses or damages such Collateral in any material respect, or subjects such Collateral to seizure or confiscation; (e) has a gamlshment, judgment, tax levy, attachment or lien entered or served against any Guarantor, or any of their property; . (f) dias, becomes legally inoompetent, is dissolved or terminated, ceases to operate its business, becomes insolvent, makes an assIgnment for the benefit of creditors, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) fails to provide Lender evidence of eatisfactory financial condition; or (h) causes Lender to deem itself Insecure due to a significant decline in the value of any collateral securing this Guaranty, or Lender in good faith, believes the prospect of payment or performance is impaired. 9. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there Is an Event of Default under this Guaranty, lender shall be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare Guarantor's Obligations under this Guaranty Immediately due and payable in full, such acoeleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptoy Code; (b~ to collect the outstanding obligations under this Guaranty with or without resorting to judicial process; c to take possession of any Collateral In any manner permitted by law; ~d to require Guarantor to deliver and make available to Lender any Collateral at a place reasonably convenient to Guarantor and lender; (e) to sell, lease or otherwise dispose of any Collateral and collect any deficiency balance with or without resorting to Judiolal process; (f) to set-off Guarantor's Obligations under this Guaranty against any amounts due to Guarantor including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and LPPA209 4l John H. Hartancl Co, (4It~) (800) 837-:rne E~h',bl-t- C(- A)) (g) to' exercise ail other rights available to Len" .. under any other written agreement or applicable law. Lender's rights are cumulative and may be e 3ed together, or separately, and in any order. lei J remedies under this paragraph are In addition to those available at common law, Including, but no\ limited to the right to set-off. 10. SUBORDINATION. The payment of any present or future Indebtedness of Borrower to Guarantor will be postponed and subordinated to the payment in full of any present or future Indebtedness of Borrower to Lender dUring the term of this Guaranty. In the event that Guarantor receives any monies, instruments, or other remittances to be applied against Borrower's obligations to Guarantor, Guarantor will hold these funds in trust for Lender and immediately endorse or assign (if necessary) and deliver these monies, Instruments and other remittances to Lender. Guarantor agrees that Lender shall be preferred to Guarantor in any assignment for the benefit of Borrower's creditors In any bankruptcy, insolvency, liquidation, or reorganization proceeding commenced by or against Borrower in any federal or state court. 11. INDEPENDENT INVESTIGATION. Guarantor's execution and delivery to Lender of this Guaranty Is based solely upon Guarantor's Independent investigation of Borrower's financial condition and not upon any written or oral representation of Lender In any manner. Guarantor assumes full responsibility for obtaining any additional information regarding Borrower's financial condition and Lender shall not be required to furnish Guarantor with any information of any kind regarding Borrower's financial condition. 12. ACCEPTANCE OF RISKS. Guarantor acknowledges the absolute and continuing nature of this Guaranty and voluntarily accepts the full range of risks associated herewith Including, but not limited to, the risk that Borrower's financial condition shall deteriorate or, If this Guaranty is unlimited, the risk that Borrower shail incur additional Indebtedness to Lender in the future. 13. SUBROGATION. Guarantor hereby Irrevocably waives and releases the Borrower from all 'claims' (as defined in Section 101(5) of the Bankruptcy Code) to which Guarantor is or would, at any time, be entitled by vIrtue of Its obligations under this Guaranty, Including, without limitation, any right of subrogation (whether contractual, under Section 509 of the Bankruptcy Code or otherwise), reimbursement, contribution, exoneration or similar right against the Borrower, any co-guarantor, any third party or any Collateral. 14. APPUCATlON OF PAYMENTS. Lender will be entitled to apply any payments or other monies received from Borrower, any third party, or any collateral against Borrower's present and future Indebtedness to Lender in any order. 15. TERMINATION. This Guaranty shall remain in full force and effect until Lender executes and delivers to Guarantor a written release thereof. Notwithstanding the foregoing, Guarantor shall be entitled to terminate any unlimited guaranty of Borrower's future Indebtedness to Lender follOWing any anniversary of this Guaranty by providing Lender with sixty (60) or more days' written notice of such termination by hand-delivery or certified mail. Notice shail be deemed given when received by Lender. Such notice of termination shall not affect or imrair any of the agreements and Obligations of the Guarantor under this Guaranty with respect to any Indebtedness existing prior to the time of actua receipt of such notioe by Lender, any extensions, modifloatlons. amendments, replacements or renewals thereof, and any Interest on any of the foregoing. 16. ASSIGNMENT. Guarantor agrees not to assign any of Guarantor's rights or Obligations described In this Guaranty without Lender's prior written consent whioh consent may be withheld by Lender in its sole discretion. Guarantor agrees that Lender is entitled to assign some or all of Its rights and remedies described In this Guaranty without notice to or the prior oonsent of Guarantor in any manner. Unless the Lender shall otherwise consent In writing, the Lender shall have an unimpaired right, prior and superior to that of any assignee, to enforce this Guaranty for the benefit of the Lender, as to those Obligations that the Lender has not assigned. 17. MODIRCATlON AND WAIVER. The modification or waiver of any of Guarantor's Obligations or Lender's rights under this Guaranty must be contained in a writing signed by Lender. Lender may delay In exercising or failing to exercise any of its rights without causing a waiver of those nghts. A waiver on one occasion shall not constitute a waiver on any other occasion. 18. SUCCESSORS AND ASSIGNS. This Guaranty shall be binding upon and inure to the benefit of Guarantor and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees, and devisees. 19. NOTICE. Any notice or other communication to be provided under this Guaranty shall be In writing and sent to the parties at the addresses described In this Guaranty or such other addresses as the parties may designate In writing from time to time. 20. SEVERABIUTY. If any provision of this Guaranty is invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 21. APPLICABLE LAW. This Guaranty shall be govemed by the laws of the state of Pennsylvania . Unless applicable law provides otherwise, Guarantor consents to the jurisdiction and venue of any court located in such state selected by Lender, in its dlsoretlon, In the event of any legal proceeding under this Guaranty. 22. COLLECTION COSTS. To the extent permitted by law, Guarantor agrees to pay Lender's reasonable fees and oosts, including, but not limited to, an attomey's commission of 5% of the total amount then due, fees and costs of attomeys and other agents (includln~ without limitation paralegals, clerks and consultants) whether or not any attomey or agent is an employee of Lender, which are Inourred by Lender in collecting any amount due or enforcing any right or remedy under this Guaranty, including, but not limited to, all fees and costs incurred on appea', In bankruptcy, for post-judgment collection actions, and whether or not suit is brought. 23. REPRESENTATIONS OF GUARANTOR. Guarantor acknowledges receipt of reasonably equivalent value in oonsideration for the execution of this Guaranty and represents that, after giving effect to this Guaranty, the fair market value of Guarantor's assets exceeds Guarantor's total liabilities, InclUding contingent, subordinate and unliquidated liabilities, that Guarantor has sufficient cash flow to meet debts as they mature, and that Guarantor does not have unreasonably small capital. Guarantor represents that all required director and shareholder consents to enter into this Guaranty have been obtained. 24. MISCELLANEOUS. Guarantor and Lender agree that time Is of the essence. Guarantor will proVide Lender with current financial statements and other financial information upon request. Ail references to Guarantor In this Guaranty shall include all entities or persons signing this Guaranty. If there is more than one Guarantor, their obligations under this Guaranty shall be joint and several. Nothing in this Guaranty is intended to require, nor should It be construed to require, the signature of Borrower's spouse in violation of Regulation B (12 C.F.R. Part 202.7) In connection with this or any other indebtedness of Borrower to Lender. This Guaranty represents the complete and integrated understanding between Guarantor and Lender regarding the terms hereof. 25. WAIVER OF JURY TRIAL LENDER AND GUARANTOR HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS GUARANTY. 26. ADDITIONAL TERMS: WARNING: READ BEFORE SIGNING. YOU ARE WAIVING IMPORTANT RIGHTS l!J IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN(S) OR OTHER FINANCIAL ACCOMMODATION(S) TO BORROWERGUARANTIEDBY THIS GUARANTY,GUARANTORIRREVOCABL Y AUTHORIZES AND EMPOWERS ANY ATTORNEYOR THE PROTHONOTARYOR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR GUARANTOR IN ANY ACTION BROUGHT BY LENDER AFTER AN EVENT OF DEFAULT UNDER THIS GUARANTY,AND TO CONFESS JUDGMENT AGAINST GUARANTORFOR ALL SUMS DUE UNDER THIS GUARANTY.AND FOR ALL 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 LOAN DOCUMENTS AFTER DEFAULT. FROM THE ENTRY OF SUCH JUDGMENT UNTIL. THE FULL AMOUNT DUE LENDER IS ACTUALLY RECEIVED. THIS GUARANTY, 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. GUAAANTORKNOWINGL Y, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEl, UNCONDITIONALl YWAIVES ANY AND ALL RIGHTS TO DUE PROCESS GUARANTOR HAS 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. GUARANTOR FURTHER UNDERSTANDS THAT UPON GUARANTOR'S DEFAULT AND CONFESSION OF JUDGMENT, THIS WAVIER ALLOWS LENDER TO IMMEDIATELY EXECUTE UPON AND SEIZE AND SELL ANY OF GUARANTOR'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR HEARING, EXCEPT ANY 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 GUARANTORACKNOWLEDGESTHAT GUARANTORHAS READ, UNDERSTANDS,AND AGREES TO THE TERMS AND CONDITIONS OF THIS GUARANTY INCLUDING THE TERMS AND CONDITIONS ON THE REVERSESIDE. GUARANTORHAS EXECUTEDTHIS GUARANTYWITH THE INTENT TO BE LEGALLY BOUND NOTWITHSTANDING ANY FAILURE BY ANY OTHER PERSON TO SIGN THIS GUARANTY. GUARANTORACKNOWLEDGESRECEIPTOF AN EXACT COpy OF THIS GUARANTY. IN WITNESSWHEREOF,the undersigned haslhave caused this Instrument to be executed asa sealed instrument this 10thday ofMaV, 2005 ChrJ. GUA~ORMichelle I Gouse (Seal) . J..lh ( n 0 QJ _~ ~i~~';rt~se (Seal) GUARANTOR: GUARANTOR: (Seal) (Seal) LPPA209B (I) John H. Harland Co. (4/14100) (800) 937-3799 CommunltvBanks Go'. Inc ':::}}})){}}))rr/::::;::::;e.o.lmOw",tt<::;::i'i'i'i::ii'i'<<t{i/ i Chiropractic Health.S~~:;;'ic~s; Community Banks 2796 Old Post Road Harrisbur2, PA 17110 (717) 909-~400 "LENDER" COMMERCIAL FIXED RATE PROMISSORY NOTE :i::{::::t(%::){::{//:i::/t):/i)':r:t:r:t:::~l$.!ri?:::ir:i:im:::::::::::;;:{;i)::ii::::;:i:)!::;:\y':::;:: .27 N. Bnola Road Suite H .......%. .. V~_~lfu~~_4~.1il'i.~w;;;};;;; 8.000 % $32,674.08 05/10/05 05/10/08 09114890 to urchase e i ent and consolidate debt PROMISE TO PAY: For value received, Borrower promises to pay to the order of Lender the principal amount of Thirty Two Thousand Six Hundred Sevent-y Pour and 08/100 Dollars ($ 32,674.08 ) plw 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 nnmher 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. Interesl 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 datel!] 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 $ [!1 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 oharged a late charge of: 0 ~aid late payment; 0$ ; 0Cl 5.00 % of the unpaid late payment or $50.00 U less, as permitted by law. No more than one late oharge will be imposed on any single payment or portion of any payment. % of the , whiohever is I!J greater SECURITY: To secure the payment and performance of obligations incurred under this Note, Borrower grants Lender a security interest in all of Borrower's right, title, and interest in all monies, instruments, savings, checking, share and other accounts of Borrower (exoluding IRA, Keogh, trust acoounts 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 oheck 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 satisfaotion, of Loan Number . WARNING: READ BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHTS . nc IF CHECKED, AS A MATERIAl INDUCEMENT TO LENDER TO MAKE THE LOAN EVIDENCED BY THIS NOTE, BORROWERIRREVOCABL Y AUTHORIZES AND EMPOWERS 'A"fN ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYlVANIA, OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR BORROWERIN ANY ACTION BROUGHT BY LENDER AFTER BORROWER'SDEFAUL T UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND TO CONFESS JUDGMENT AGAINSTBORROWERFORAll SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND FOR AlL 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 GAANTED HEREIN MAY BE EXERCISED AS NEEDED FROM TIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT IN FULL OF ALL SUMS DUELENDEA. BORROWERKNOWINGL Y,INTENTIONALL Y AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDITIONALLY 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. BORROWERFURTHERUNDERSTANDS THAT UPON BORROWER'SDEFAULT AND CONFESSION OF JUDGMENT, THIS WAIVER AllOWS LENDER TO IMMEDIATELY EXECUTE UPON AND SEIZE AND SELL ANY OF BORROWER'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR HEARING, EXCEPT ANY 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, UNDERSTAND,AND AGREE:TO 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 WITNESSWHEREOF,the undersigned haslhave caused this instrument to be executed as a sealed instrument this 10th day of Mav, 2005 BORROWER: Chiropractic Health Services, BORROWER: (Seal) (Seal) BORROWER: (Seal) (Seal) ::>RROWER: BORROWER: (Seal) (Seal) )RROWER: BORROWER: eX "", b"l \- ~< B )\ (Seal) IQ__I\ T!RMI AND CONDF1"IOH8 1. EVENTS OF DEFAULT. An Event of Dt. ( will occur under this Note In the event that Borl'O\ __;any guarantor or any other third party pledging collateral to secure this Note: (a) fails 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 gamishment, 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; (f) 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) fails 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 filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to judicial procese; (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. RNANCIALINFORMATION. Borrower will at all times keep proper books of record and account In which full, true and correct entries shall be made in accordance with generally accepted accounting principles and will deliver to Lender, within ninety (90) days after the end of each fiscal 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 (Ii) the related income statement, statement of retained eamings and statement of cash flow of Borrower for such fiscal year, prepared by such certlfled public accountants as may be reasonably satisfactory to Lender. Borrower also agrees to deliver to Lender within fifteen (15) days after filing 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. MODIRCATION 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 fall to exercise any of its rights without causing a waiVer of those obligallons or rights. A waiver on one occasion will not constitute 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. SEVERABILITY. 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 disqrellon. 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 shall 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 govemed 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 Pennsylvania 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 attomey 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 ourrency. 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 concemlng 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 Comm1Ulity Banks 2796 Old Post Road Barrisb1l1'g, PA 17110 (717) 909-3400 "LENDER" DISCLOSURE OF CONFESSION OF JUDGMENT AND WAIVER OF RIGHTS (Individuals) ::d!:t:~~~~:;(::!':\!~~~~{:r/j':/:(:f::j::/::::\:::}:::,/\t:':':x:::::, ':::!~:;:::::::8kf:~~~:~:~~~!r~h:(~::;;i~;:;:;:<::.. Michelle I Gause Inc :j~16. B~~cih' ~wi:::t~~~"..". : :/i(:(:::):::::::f:(:::}::tf}:':~:~:;::::::i'::::':i~~:f:;::i:J:::~~\'~t:k...... Mechanicsburg, PA 17050 Eno1a, PA 17025 :)~~,:::~:~::~::~::m::::::::\e:::':}?;::fn~IRiMt@.ijij9im:::ii;::;::/:\:;:::t:::/;:::::::C::::M'm~'::~:~:6:Btt::/;::{::::}}:t:::tij~i~r@'i!!:i.it.'{:::::::::))(i::::::).. 1. Today I am signing a continuing guaranty, together with other related documents (collectively, "guaranty documents"), in which I am guaranteeing certain obligations and liabilities of 8orrowerto Lender. The obligations and liabilities I am guaranteeing are described in the guaranty I am signing and in other loan documents. 2. A representativeof Lender has explained to me that the continuing guaranty contains a CONFESSION OF JUDGMENT. This is language that pennits Lender to obtain a court judgment against me after any of my obligations under the Guaranty, or Borrower's obligations under the note(s) or credit agreements(s), are in default. Lender's representative has also explained to me that the judgment may be obtained against me without notice to me and without offering me an opportunIty to defend myself against the entry of the Judgment. I understand that, once obtained, the judgment may be collected by any legal means. 3. In signing the guaranty, I am knowingly, understandingly and voluntarily consenting to the CONFESSION OF JUDGMENT. To the extent pennitted by law, I am waiving my rIghts to resIst the entry of Judgment against me, including (a) the right to notice and a hearing; (b) the right to reduce or set-off a claim by deducting a claim I may have against Lender; (c) release of error; (d) the right to ascertain whetherthe rents and profits of my 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 me. 4. "I" or "me" means each person signing this Disclosure and Waiver. Other tenns used in this document have the same meaning as used or defined in the guaranty 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. Dated: May 10/ 20 OS ~is0ph.r~:u.. C . op ~A Gause - G~ARANTORKiC~l.. I Gause . tLV~~ll fl.~ Michelle I Gause GUARANTOR: GUARANTOR: LPPA700 ~ Harland Ananol81 SolutiOI'lI, Inc. (91&04) (800) ll37-378tl E)('v{,bZ\:- (( <...)) Cbmmunit}!BanRs FILE COpy February 23,2007 Christopher A. Gouse GUARANTOR Michelle I. Gouse GUARANTOR 3510 Beech Run Lane Mechanicsburg, P A 17050 RE: Commercial Loan # 109114890 Dear Christopher & Michelle Gouse, Your loan with Community Banks is in default 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 $17,849.11. 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. _sr~ .~a Bear Manager, Resource Recovery Dept. Community Banks P.O. Box 350 . Millersburg, PA 17061 . Phone 1-866-255-2580 Ex,^',Io:t- C(b ')\ Certified Mail Reciept: -7002 2030 00059411 6974 -Christopher 7002 2030 0005 9411 69~6 - Michelle 70022030000594116998 -Gause Chiropractic Services, INC Also sent via First Class Mail on 02/23/07 Copy to: file ~ 15' "I~~" . "'C 0 L' :'io9~~ DD fJ~DD 0\ .~'" o j I ~ I i! II jl ~~ .l/l::: o ~I ..~. E ~. ~ '- '. ~ ~ ~ al l~ ~ (j) J 0: '< >< ai 11 "C fij ~ J ~ D ,f2 1i. -~ 10: ! E q 1 D!~ ! JI~ i Udl (') ~ i.I.1 ~~ Ej Gl g E ~ q: ~ 8 'i! ~ >- Gl ~ ~ '5.=. li-c C:S~. -c ~.!!l ~~~~ '-lJ:;Z r<r C')~e!~<.lE .:::::\ '--+' ~~i~$8. <=C-~ - C\i2l'C E~ 8 ~"\ 8 ":1 Iii i s D-. 13 \..i) ~ ~ . ~ Gl ~ :t: 1 -:t::: W V) :I ~ ~ Be ~ ~ ~ fa: :: ~.!Q ~ "C C ~ :; :t:::J,..~Gl "C ~ 'Ot g,'tii~~ <( . 0 <::C ..~<.lC: J! ~ -::t ii2~~ ~ ::r; k) ~ ... ~~t<t>~ '[Iii'69 '['rtI6 5'000 ~ ~ i ::r I"- [J"' ..0 r-'l r-'l ::r D'" LJ"I C c 1i. c J c rn E c ~ ru 0: ru I c C I"- 8 I~ ~ ~ i If 1!e;r !H~ ;:; z~C') il ~ c.J ~ ill Co' al ~ iJ ~ 9 J ~ DO fJ :J:DD o ( d j I R I iI Ii ,I~ ~:::'.: 'ii' , ~ :c: E t '- "', ~ 5.~ al ~~ j (j) '""" 0: < >C) ai 11 "C l\i ~ J :E D ~ 1i. -~ 10: IEol ~~~ ! !JI~ i ddl c?) ~ i e 1 <) Ii'! gf I.j) ~ llJ 81~ >-l; V) -..J ~ 1~6~o~ ~ ~~- ~~I~~E ..Jr.::s - '2 ~ 'C Gl .Q 8. ~ '-..!J ta~i~Gl8 \ \ ~ C\i 'C E ~ li r'::t: ~ flUH i ~ J ~ ~13'j;l! ~ W <l ~ t~~~~8 ~ ~ i() ~ 8~if 5l~ Is ~ :: ~ Ed ... ~,~ ::l ~ ;j; ~ :;i; en ~ ~ r-'l IC(J D'" ..0 M r-'l ::r D'" J LJ"I C E C if c 0: C I rn c ru ru c o I"- ~ ~ 2 ~ 1! . ~ j ~ II ~ c.J ~ nL69 '['[n6 5'000 c - 0 ~ Q. N ~ ~ c:..-:> ~~ C.::> --' ~ 4f:- t ~ ......-\ ~~'.. - :t:-n ~ ;?,n \"'lIp: :;:0 -ot" ~ N ~ rJ 1:;J - lI) -J 0>- ...Q .......... ..,.\~l ~ 0 -0 0.:1..;::41 D ::> ':) C"') } 4- ~ ~ .r csrm ~ ~.--\ lU' 0 JO ... (..) :< ~ C> ~ \..1:- fA-'. .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO. D 7 -It- "ft, c!., u~ L 1t2J;2..~ COMMUNITYBANKS, Plaintiff v. CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHELLE I. GOUSE, Defendants PREVIOUSLY ASSIGNED TO: N/A NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. 92737.1 (Act 105 of 2000) To: Christopher A. Gouse and Michelle I. Gouse, Defendants Pursuant to 42 Pa. C.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: March '22; 2007 By: Geo ey S. uff, Esquire preme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks ~'" Pennsylvania Rille of Civil Procedllre 2959 - Strikin~ off .Tlld~ment (a)(I) 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 2956.1(c)(2) or Rule 2973.1(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. (t) 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. 8 "';;:;".;00 '''':J e=L! 1"1'1[1 -.Y'-' ~}; ;~ (J~ 2. l2 2: ~ ~ = c;> ~ :; ):P :;.0 N -J ~ ~::n hi ;So ~>6 ~~! =';.1 Or) 2m S -p ~ -0 3 J:" .. .r:- COMMUNITYBANKS, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO. 07 -JI...'lb C;u:L'-r~ v. : CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHELLE I. GOUSE, Defendants : PREVIOUSLY ASSIGNED TO: N/ A AFFIDA VIT OF NON-MIL IT ARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Christopher A. Gouse and Michelle I. Gouse, in the above-captioned action are not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: MarchZl, 2007 By: offrey , Esquire u e Court ill #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks 0 ,....., = 0 c c:.:;> -n ;€-:-.~ --' ""!"1 i:u :1t :i!" rT'; ! ~ -7' :;0 rnp N -orn :~~2 :00 -.l f~3 ~~(, ~~ ~ -0 tS -." 3 "-~r (':, Q rn .;;.-.. C .r:- 2- ..-1 :;1 ~ "- ~ -< COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION : DOCKET NO. 0'7 -/~ 7.6 (!, o~ L l ea...Y'Yj COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHELLE I. GOUSE, Defendants : PREVIOUSLY ASSIGNED TO: N/ 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 Defendants, Christopher A. Gouse and Michelle I. Gouse, is 3510 Beech Run Lane, Mechanicsburg, Pennsylvania 17025. Respectfully submitted, McNees Wallace & Nurick LLC Date: March Z, 1;- 2007 By: . huff, Esquire Supreme ourt ill #24848 100 Pin Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks () C <.~ ..v 6''; G} f' , L_._ ""7" (/; ...<'- ~ ~; , -...~,,, , :52 -:;> .L... =<: ,....., = = -' ::It :1:;.... :;0 ", -.J o ." :r11 rn r=- -om ~D9 ~'::';(:) (5 ;Ij -/~ \. ; "'-m C) ~ :n -< ~ -.,t;. .r-- .s:- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION : DOCKET NO. 67 -l{,'l(p ~(J;LT€R-~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHELLE I. GOUSE, Defendants : PREVIOUSLY ASSIGNED TO: NI 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 2l, 2007 By: o . Sh , Esquire Supreme Co ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks o c S:. \JtT ~~; ~,+ \ - (./! --<~ r- -' -~x~ i, :f,?,:: """'r ~~ -..... r--' = = --' ~ s:!-n rnp -nrT1 ~fJY () (~) --::Ie,-, ". L-r1 QB ?-'5rTI ~ 10 :..::: :;3: ';'Po :;:0 N -J -0 :3: r- .. C. . -."*,, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO. D'1 -/(,'lb e;(J~L~~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT CHRISTOPHER A. GOUSE and MICHELLE I. GOUSE, Defendants : PREVIOUSLY ASSIGNED TO: N/ A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Christopher A. Gouse and Michelle I. Gouse 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 LA WYER 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. Date: MarchZ'Z, 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: eoffre ff, Esquire u reme Court ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks o c:: ;;':", '\:.1 \:'i: rf: r 1 ~ :::.: .-,~ ,< i:. ij),' ....<.. ~- '.."" ~~~), )..;:'C Z ~ ~ = = --' ........ ----- :;p,. :;:;0 l" -J ~ >: ~ ~-n rn r-: -nrT1 :f) 9 ('-) c:.' ..-\ '.1". 'c.T\ : =-2 CS ":'-rn (~ 55 ~ r:- ....