HomeMy WebLinkAbout99-03540"I
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WOMBLE CARLYLE Cumberland County, Pennsylvania
SANDRIDGE & RICE, PLLC Court of Common Pleas
Plaintiff
V.
CAMP HILL PHYSICIANS
IMAGING CENTER, L.P.
Defendant.
Case No. C R- 3,540 (,,, -V9(cn
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 defendant as follows:
Principal Sum: $200,000.00
Interest: $ 14,136.68
Attorney's Fees, Costs and Expenses $ 7,167.50
Total: $221,304.18
plus additional interest in the amount of $82.19 per day from June 8, 1999.
WDCM2840 vl • ZEG E CUMBERLANDPA 1LG
WOMBLR. CAlt LYLE, SAN PR I DOE & RIC L. I'LLI
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Attorn4for Defendant
12
11220 NIN ITEt NT II STRI. E. I. N.W. WASHINGTON O.C. 20036-0684 L!._;
Womble Carlyle Sandridge & Rice PLLC
By: Elizabeth C. Lee, Esq.
Bar No. 45127
David R. Kuney, Esq.
1120 Nineteenth Street, NW
Suite 800
Washington, D.C. 20036
(202) 467-6900/ Fax (202) 467-6910 Attorneys for Plaintiff
WOMBLE CARLYLE Cumberland County, Pennsylvania
SANDRIDGE & RICE, PLLC Court of Common Pleas
1120 Nineteenth Street
Eighth Floor
Washington, DC 20036
Plaintiff
V. Case No.
?-3540 L,:u:-4 lec-m
CAMP HILL PHYSICIANS
IMAGING CENTER, L.P.,
a Pennsylvania limited partnership.
4349 Carlisle Pike
Camp Hill, PA 17011
Defendant.
COMPLAINT FOR CONFESSED JUDGMENT
Womble Carlyle Sandridge & Rice, PLLC, the plaintiff herein (the "Plaintiff), by its
undersigned attorneys, hereby requests judgment by confession against Camp Hill Physicians
Imaging Center, L.P. ("CHPIC" or "Defendant") pursuant to Pennsylvania Rule of Civil
Procedure 2951, and complains as follows.
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WOMBLE. CARLYLE. SANDRIDOE 6 RICE. PIL, 11:0 NINETEEN TII STREET. N.W WASHINOTON D.C. 20036-3684
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Parties
1. The Plaintiff is a Professional Limited Liability Company engaged in the
practice of law. Plaintiff has a place of business at 1120 19"' Street, N.W., 8'R Floor,
Washington, D.C. 20036. The Plaintiff is the successor in interest to David, Hagner, Kuney
& Davison, P.C.
2. The Defendant is a Pennsylvania limited partnership with its principal place of
business at 4349 Carlisle Pike, Camp Hill, Pennsylvania 17011.
Jurisdiction
3. This Court has jurisdiction over this matter pursuant to 42 Pa.C.S. § 931
(1998).
4. This action is brought pursuant to Rule 2951(b) of the Pennsylvania Rules of
Civil Procedure.
5. Venue is appropriate pursuant to Rule 1006 of the Pennsylvania Rules of Civil
Procedure.
Factual Allegations and Request for Judgment
6. On or about July 21, 1998, the Defendant, pursuant to a Revolving Credit
Confess Judgment Note (the "Note"), promised and agreed to pay to the order of Plaintiff
the principal amount of Forty Thousand Dollars ($40,000.00), plus future legal fees and
costs incurred thereunder up to a maximum principal amount of Two Hundred Thousand
Dollars ($200,000.00), plus interest at a rate of 15.00% per annum until the balance is paid
in full. A true and correct copy of the Note is attached hereto and incorporated herein as
Exhibit 1.
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WOMBLE, CARLYLE. SANItRIDGE S RICE. ruc ILO NINETEENTII STREET, N.W. WASNINOTON D.C. 10036 7664 .?'
7. Since July 21, 1998, the Plaintiff has performed legal services for the
Defendant in certain litigation captioned ZPR Investments, Inc. v. Lehigh Valley Resources,
Inc. et al, in the Superior Court for the District of Columbia, as well as certain related
litigation in the United States Bankruptcy Court for the District of Maryland and elsewhere
(the "Legal Services").
8. The Note provides that all sums are due and payable on October 20, 1998.
9. The Note provides that upon default of payment, the entire principal is
automatically due and payable in full.
10. The Note provides that if the principal is not paid in full when due, the
principal shall bear interest from the due date until paid in full at the rate of Fifteen Percent
(15 %) per annum.
11. In the event of the initiation of an action for enforcement of the terms of the
Note due to an event of default, the Note provides that the Defendant is liable to pay all
reasonable and necessary attorney's fees, costs and expenses incurred in the enforcement
thereof.
12. The Note further provides that the Defendant authorizes the confession of
judgment for the balance of sums due under the Note, plus all fees, costs and expenses
incurred as a result of the collection of the debt and attorneys' fees.
13. The Note matured on October 20, 1998 (the "Initial Maturity Date").
14. On October 31, 1998, the Plaintiff made a demand for payment to the
Defendant in the principal amount of $180,512.28. See Exhibit 2. 1
15. The Defendant failed to issue a payment in response to the October 31, 1998
demand for payment.
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WOMBLE, CARLYLE, SANDRIDGE S RICE, ME: I Ito NINETEENTH STREET, N.W. WASHINGTON D.C. 20076-3664
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16. The Defendant's failure to issue a payment constitutes an event of default
under Paragraph 4 of the Note.
17. After the event of default, the Plaintiffs have, in accordance with Paragraph
2(b) of the Note, extended credit to the Defendant and performed additional legal services for
the Defendant. These additional services constituted a "Subsequent Advance" under the
Note.
18. On November 18, 1998, the Plaintiff made a demand for payment to the
Defendant in the principal amount of $213,000.40. See Exhibit 2. This amount consisted of
the amount due on the Initial Maturity Date and the amount due pursuant to the Subsequent
Advance.
19. Pursuant to Paragraph 2(b) of the Note, payment was due on December 18,
1998.
20. The Defendant failed to issue a payment on or before December 18, 1998.
21. The Defendant's failure to issue a payment on or before constitutes an
additional event of default pursuant to Paragraph 4(b) of the Note.
22. The Plaintiff has made additional demands for payment under the Note since
December 18, 1998. See Exhibit 2. Despite Plaintiff's demands, the Defendant has refused,
and continues to refuse, to pay the amount due under the Note.
23. As of December 18, 1998, the principal amount Two Hundred Thousand
Dollars ($200,000.00) (the "Principal") was due and owing under the Note. The Defendant
did not pay the Principal when due.
24. Pursuant to Paragraph 2 of the Note, interest on the Principal is bearing at the
rate of Fifteen Percent (15%) per annum from December 18, 1998.
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WOMBLE, CARLYLE. SANORIDOE. S RICE. ruc 1120 NINETEENTH STREET. N.W. WASHINGTON D.C. 20016.1661
25. Pursuant to Paragraph 6 of the Note, the Defendant is obligated to pay the
Plaintiff's reasonable and necessary attorney's fees, costs, and expenses in the enforcement
and collection of the sums due under the Note.
26. A worksheet calculating the interest due is attached hereto as Exhibit 3.
27. An itemization of the reasonable and necessary attorney's fees, costs, and
expenses incurred in the enforcement of the Note is attached hereto as Exhibit 4.
28. As of June 8, 1999, the following sums are due and owing under the Note:
Principal $200,000.00
Interest from December 18, 1998 $ 14,136.68
Attorney's fees, costs, and expenses $ 7,167.50
Total $221,304.18
29. Interest continues to accrue at the rate of Eighty-two and 19/100 ($82.19) per
day, from June 8, 1999.
30. There has not been a judgment entered on the Note in any other jurisdiction.
The Plaintiff is seeking confession of judgment against other co-obligors under the Note in
other jurisdictions.
31. This judgment by confession is not being requested against a natural person in
connection with a consumer credit transaction.
WHEREFORE, Womble Carlyle Sandridge & Rice, PLLC, the Plaintiff
herein, respectfully requests that this Court ENTER JUDGMENT BY CONFESSION on
behalf of Plaintiff against Defendant Camp Hill Physicians Imaging Center, L.P., in the
amount of
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WOMBLE. CARLYLE. SANDRIDGE 6 RICE. m t
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1120 NINETEENTII STREET. N,W WASHINGTON D.C. 20016.3681
$214,136.68, plus interest at a rate of Eighty-two and 19/ 100 dollars ($82.19) per day from
June 8, 1999, plus attorney's fees, costs, and expenses in the amount of $7,167.50, and such
other reasonable and necessary fees, costs, and expenses as may be incurred by the Plaintiff.
Respectfully submitted,
David,W.. Kuney, Esq.
J. David Folds, Esq.
Elizabeth C. Lee, Esq., Bar No. 45127
Womble Carlyle Sandridge & Rice PLLC
1120 Nineteenth Street, NW
Suite 800
Washington, D.C. 20036
Attorneys for Plaintiff
WDC#2840 vl - ZEGE_CUMBERLANDPA 1LU
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WOMBLE. CARLYLE. SANDRIDUE 6 RILE. PLIC 1120 NINETEENTII STREET. N.W. WASHINGTON RC. 20036-3684
Womble Carlyle Sandridge & Rice PLLC
By: Elizabeth C. Lee, Esq.
Bar No. 45127
David R. Kuney, Esq.
1120 Nineteenth Street, NW
Suite 800
Washington, D.C. 20036
(202) 467-6900/ Fax (202) 467-6910
Attorneys for Plaintiff
WOMBLE CARLYLE Cumberland County, Pennsylvania
SANDRIDGE & RICE, PLLC Court of Common Pleas
Plaintiff
v Case No.
CAMP HILL PHYSICIANS
IMAGING CENTER, L.P.,
Defendant.
NOTICE TO DEFEND
You are being sued in the above Court. If you wish to defend against claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a
written appearance personally or by attorney and filing in writing with the Court your defenses or objections to
the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you
and a judgment may be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AVISO A DEFENDERSE
Le ban demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes , usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y Is notificacion.
Hace falta asentar una comparesencia escrita o en persona o con un abogado y entregar a la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra de su persona. Se avisado que si usted no se
WDC82840 v1 •2EG E CUMBERLANDPA 1LG
WOAIRLE. CARLYLE. SANIIRIDGE 6 RICE. PLLC II:O NINETEENTII STREET. N.W. WASHINGTON D.C. 20016-3684
defiende, In corte lomara medidas y puede cominuar la demanda en contra suya sin previo aviso o notificasion.
Ademas, la corte puede decidir a favor del demandante y requicre que usted cumpla con todas Ins provisions
de esla demanda. Usted puede perder dincro o sus propiedades u otros derechos importames para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIEGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Asociacion de Licenciados de Cumberland County
Servicio de Referencia a Informacion Legal
2 Liberty Avenue
Carlisle, PA 17013
Telefono: (717) 249-3166
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WOMBLE. CARLYLE. SANDRHIGE 6 RICE. ruc 1120 NINETEENTH STREET. N.W. WASHINGTON D.C. 20036-0684
1
Womble Carlyle Sandridge & Rice PLLC
By: Elizabeth C. Lee, Esq.
Bar No. 45127
David R. Kuney, Esq.
1120 Nineteenth Street, NW
Suite 800
Washington, D.C. 20036
(202) 467-6900/ Fax (202) 467-6910
Attorneys for Plaintiff
WOMBLE CARLYLE Cumberland County, Pennsylvania
SANDRIDGE & RICE, PLLC Court of Common Pleas
Plaintiff
V. Case No. qq- 35 C [??'`
CAMP HILL PHYSICIANS
IMAGING CENTER, L.P.,
a Pennsylvania limited partnership.
Defendant.
AFFIDAVIT IN SUPPORT OF COMPLAINT FOR CONFESSED JUDGMENT
I, Jeffrey L. Tarkenton, hereby certify that:
1. I am a member of Womble Carlyle Sandridge & Rice PLLC. I am over the
age of eighteen (18) years of age, am competent to testify and have personal knowledge of
the facts set forth herein. I am authorized to make this Affidavit on behalf of Womble
Carlyle Sandridge & Rice PLLC.
2. I have reviewed the Complaint for Confessed Judgment (the "Complaint") filed
herein and the allegations therein are true and correct.
3. Camp Hill Physicians Imaging Center, L.P. (the "Defendant") and various co-
obligors promised and agreed to pay to David, Hagner Kuney & Davison, P.C., the sum of
WDCB2840 vi - ZEG E CUMBERLANDPA 1LG
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WOMBLE. CARLYLE. SANDRIDGE 6 RICE. PLLC 1120 NINETEENTH STREET, N.W. WASHINGTON D.C. 20076.3664
Forty Thousand Dollars ($40,000.00), plus future legal fees and costs thereunder up to a
maximum principal amount of Two Ilundred Thousand Dollars ($200,000.00), with interest
at a rate of fifteen percent (15 k) per annum in accordance with, and pursuant to, the
Revolving Credit Confess Judgment Note dated July 21, 1998 (the "Note"). A true and
accurate copy of the Note is attached to the Complaint as Exhibit 1.
4. Womble Carlyle Sandridge & Rice PLLC is the successor-in-interest to David
Hagner Kuney & Davison, P.C.
5. Despite demand for payment by Womble Carlyle Sandridge & Rice, PLLC,
the Defendant has refused to pay the amount due under the Note.
6. The Note matured on October 20, 1998.
7. On November 18, 1998, the Plaintiff demanded payment under the Note.
8. Payment was due on December 18, 1998.
9. The Defendant did not pay the sums due under the Note. To date, the
Defendant has not made any payments on the sums due under the Note.
10. The Defendant is in default under the Note.
11. Interest is accruing on the balance due under the Note in the amount of
Eighty-two and 19/100 dollars per day from December 18, 1998.
12. Womble Carlyle Sandridge & Rice, PLLC has incurred, and continues to
incur, attorney's fees, costs and expenses as a direct result of the Defendant's failure to pay
the amounts due pursuant to the Note.
13. As of June 8, 1999, the Plaintiff has incurred attorney's fees, costs and
expenses in the amount of $7,167.50.
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WOMBLE. CARLYLE, SANDRIDOE 6 RICE. FIM 1120 NINETEENTH STREET, N.W WASHINGTON D.C. 20016-3681
14. The last known address for Camp Hill Physicians Imaging Center, L.P. is
4349 Carlisle Pike, Camp Hill, Pennsylvania 17011.
15. This judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
I AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE
FOREGOING PAPER ARE TRUE AND CORRECT BASED UPON MY PERSONAL
KNOWLEDGE AND INFORMATION.
ATTEST:
A i I Y"i
DISTRICT OF COLUMBIA
WOMBLE CARLYLE SANDRIDGE & RICE PLLC
C
BY: Jeffry L. Tarkenton, Member
I HEREBY CERTIFY that on this • U,_ day of June, 1999, before me, the
subscriber, a Notary Public in and for the State aforesaid, personally appeared Jeffrey L.
Tarkenton, who acknowledge himself to be a Member of Womble Carlyle Sandridge & Rice,
PLLC, and that he, as such Member, being so authorized to do, executed the foregoing
instrument for the purposes therein contained by signing the name of Womble Carlyle
Sandridge & Rice, PLLC by himself as such.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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Notary Public
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My Commission Expires: ?CZt]L /1? ?1 A?,3 ?'= ` •
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WDCM2840 v1 - ZEGECUMBERLANDPA 1LG
WOMBLE, CARLYLE. SANDRIDGEh RICE, PLLC 11:0 NINETEENTH STREET, N.W. W.4SIIINGTON D.C. 20036.1697
IMPORTANT NOTICE
THIS INSTRUMENT CONTAINS A CONFESSION OF JUDGMENT
PROVISION WHICH CONSTITUTES A WAVIER OF IMPORTANT
RIGHTS YOU MAY HAVE AS A DEBTOR AND MAY ALLOW THE
CREDITOR TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT ANY
FURTHER NOTICE.
$
July ;2t' , 1998
REVOLVING CREDIT
CONFESS JUDGMENT NOTE
THIS REVOLVING CREDIT CONFESS JUDGMENT NOTE (this
"Note") is made as of the day of July, 1998 by Z?R
INVESTMENTS, INC, a Pennsylvania corporation, Z? IN`VZSTMENTS,
INC., a Pennsylvania corporation, WYOMING VALLEY PHYSICIANS
IMAGING CENTER, L.P., a Pennsylvania limited partnership, CAMP
HILL PHYSICIANS IMAGING CENTER, L.P., a Pennsylvania limited
partnership, WEXFORD RADIOLOGY, P.C., a Pennsylvania professicnal
corporation, SAVOY MEDICAL GROUP, LTD., a Delaware corporation,
and READING OPEN IMAGING, P.A., a Delaware professional
corporation, jointly and severally (collectively in the singular,
"Maker"), in favor of DAVID, FAGNER, KUNEY & DAVISCN, P.C., whose
address is 1120 19th Street, N.W., Washington, D.C. 20036, its
successors and assigns, as the holder hereof (such then pr=esent
holder being hereinafter referred to as the "Lender")
RECITALS
R-1. Maker is currently indebted to Lender in the sum
of $40,000 (the "Current Indebtedness") for legal services
rendered and costs incurred in connection with Lender's legal
representation of Maker in certain litigation cautioned ZPR
Investments, Inc., et a1. v. Lehigh Valley Rescurces, Irc., et
al. in the Superior Court for the District of Columbia, as well
as certain related litigation in the Chancercy Court of Delaware
and the U.S. Bankruptcy Court for the District of Maryland
(collectively referred to as the "Litigation"). Maker has
indicated to Lender that it has insufficient f•..nds to pay Lender
the amounts due on a present basis. As a material inducement to
Lender to continue representing Maker in connection with the
Litigation on a cradit basis, maker has agreed to deliver to
Lender this Note to evidence the Current Indebtedness and all
future legal fees and costs incurred by Lender in connection with
the Litigation (the "Future Indebtedness").
NOW TFEREFORE, in ccnsideratien c` Lender's agreement
to extend credit to Maker and the other agreements set forth
herein and ocher good and valuable consideration, the receipt and
sufficiency of which are acknowledged by Maker, Maker hereby
agrees as follows:
1. Maker hereby promises to pay to the order of
Lender, at the address set forth above or at such other place as
Lender may from time to time designate in writing, in lawful
money of the United States of America, the max'-mum principal
amount of TWO HUNDRED THOUSAND DOLLARS ($200,000), or so much
thereof as may be incurred by Maker as part of the Current
indebtedness and/or the Future Indebtedness,
2. This Ncte shall be payable as follows:
a. The Current indebtedness and any Future
Indebtedness incurred to that date (collectively the 11Initial
Advance") shall be due and payable in full on Cctober 20, 1998
(the "Initial Maturity Date").
b. To the extent that Lender, in its sole and
absolute discretion, erects to extend credit to Maker for
services rendered and costs incurred by Lender in connection with
the Litigation subsequent to the Initia'_ Maturity Date, Lender
shall bill Maker for such costs and services on a monthly basis
(each a "Subsequent Advance") and each Subsequent Advance shall
be due and payable thirty (30) days following Maker's receipt of
an invoice from Lender for such Subsequent Advance.
C. All payments and sums due hereunder shall be
payable in lawful currency of the United States in immediately
available funds without netic demand, set-off or counterclaim.
d. If the Initial Advance or a.-.v Subsequent
Advance is not paid in full when due, such amount shall bear
interest from the due date until paid in full at the rate of
Fifteen Percent (15°s) per annum.
e. This Note may be prepaid in full at any time
or times, in whole or in part.
3. This Note is secured by that certain Collateral
Assignment Agreement of even date from Maker to Lender (the
"Assignment"). Lender is entitled to the be.^.e--its ot, and to the
security provided or to be provided by, the Assignment. Maker
promises and agrees tc keep, observe and perform all cf the
terms, covenants, provisions, conditions, stipulaticns, promises,
and agreements contained in the Assignment which are to be kept,
observed and performed by maker to the extent and with the same
force and effect as if they were fully set fort.- h.erein. Maker
confirms that this Note and the Assignment corsair. all of the
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agreements between Maker and Lender concerning the loan evidenced
hereby, that the Note and the Assignment are intended to be an
integration of all prior and contempcranecus agreements or
undertakings between said parties, and that there are no
promises, agreements, conditions, undertakings or
representations, oral or written, express or implied, between
said parties other than as therein set forth.
4. Each of the following events shall constitute an
"Event of Default" under this Note: -
a. Failure to pay the initial Advance in full on
the Maturity date;
due;
b. Failure to pay any Subsequent Advance when
c. The occurrence of anv_ "Event of Default"
under the Assignment.
5. It is expressly agreed that: time is of the essence
in this Note. The failure of Lender to exercise any right
hereunder with respect to any uncured default, or the acceptance
by Lender of partial payments or partial performance, shall not
constitute its waiver of the right to the later exercise thereof,
in the absence of a written agreement to the contrary executed
and delivered by Lender subsequent to such default.
6. If this Note is placed in the hands of an attorney
for any reason for enforcement or collection, or if this Note is
not paid when due, or Lender seeks collection by legal
proceedings or through the probate or bankruptcy courts or under
state insolvency proceedings, then all reasonable and necessary
costs and expenses and reasonable and necessary attorneys, fees
(if permitted by law), whether suit be brought or not, including
all reasonable and necessary costs and attorneys, fees incurred
by virtue of any appeal or appeals from any such proceedings,
shall be added hereto and shall be collectible as the principal
sum hereof. Any such sums advanced by Lender and not paid upon
demand shall bear Current Interest a- the rate of fifteen percent
(15%) per annum until paid in full.
7. Maker and all endorsers, guarantors, and other
parties primarily or secondarily liable or. this Note, if any,
each hereby: waives presentment for payment, demand, protest,
notice of non-payment and notice of dishonor and protest. Any
and all homestead and exemption laws and rights, including any
valuation or appraisement rights or the doctrines of marshalling
of liens and marshalling of assets, available to any party
primarily or secondarily liable hereon pursuant to the
constitution or laws of anv state, territory or jurisdiction of
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the Unized States of Amer'-ca, aca'-nst ^e c:'_:ecc'-on of this
indebted:ess or any renewals thereof, r aca-.^.st cae enforcement
of any 14en or assessment securing such :ndebcedness, are hereby
expressly waived by all parties execuc-ng c^_s Noce and the
endorsers, guarantors and other parties pri;narily or secondarily
liable upon this Noce, if any.
8. Upon the occurrence of any Event of Default under this
Note, Maker hereby duly and irrevocably constitutes, authorizes,
appoints and empowers the clerk or any attorney of any court of
record, as Maker's attorneys- in- fact, to appear on behalf of
Maker in the Prothonotary's Office of Philadelphia County,
Pennsylvania or any other court of competent jurisdiction of the
Commonwealth of Pennsylvania, either in person or by affidavit,
to waive the issuance and service of process, and to confess
judgment against Maker under this Note in favor of Lender for an
amount equal to (i) the then unpaid principal balance of this
Note then outstanding plus interest accrued and unpaid thereon
and all other amounts then due and payable under this Note (the
"Indebtedness"), (ii) costs of suit and (iii) actual attorney's
fees. The foregoing confession of judgment may be made as to
that portion of the indebtedness which is known without impairing
in any way the authority to subsequently confess judgment on any
other portion of the indebtedness evidenced by the Note or the
right of Lender to pursue any other collection remedies Lender
may have. To the extent permitted by law, Maker hereby waives
and releases all errors, defects, and imperfections whatever in
the entering of the said judgment and hereby agrees that no writ
of error or objections or motion or rule to open strike or set
aside said judgment or appeal shall be made or taken thereto.
Maker waives the benefit of any and every statute, ordinance, or
rule of court which may be lawfully waived conferring upon Maker
any right or privilege of exemption including, but not limited
to, any homestead exemptions, stay of execution, or supplementary
proceedings, or other relief from the enforcement or immediate
enforcement of a judgment or related proceedings on a judgment.
The authority and power to confess judgment herein contained
shall not be exhausted by one or more exercises thereof, or by an
imperfect or partial exercise thereof, and shall not be
extinguished by any judgment entered pursuant thereto. Such
authority and power may be exercised on one or more occasions,
from time to time, in the same or different jurisdictions, as
often as Lender shall deem necessary or desirable for all of
which this Note shall be a sufficient warrant. Any judgment
entered against Maker, whether by confession or otherwise, shall
bear interest at a rate which is the highest rate of interest
which Lender may charge from time to time under this Note.
9. in the event chat :_. c_cara-ic n of any provision
hereof cr of the Assignment r=_sulzs-in an effeccive race of
inc=_rest transcending the limit e' the usury law or any other law
aoolicable to the loan evidenced hereb_i, a_! sums in excess of
4
those law'_ully collectible as interest for the Period in question
shall, without further agreement or notice between or by any
party to this Note, be applied to the unpaid principal balance of
this Note immediately upon receipt of such mcr.'->_s by Lender, with
the same force and effect as though Maker had specifically
designated such extra sums to be so applied to the unpaid
principal balance.
10. In the event any one or more of the provisions
contained in this Note and/or the Assignment shall for any reason
be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality or unenforceability shall, at the
option of Lender, not affect any other provision of this Note
and/or the Assignment; but this Note and/or the Assignment shall
be construed as if such invalid, illegal or unenforceable
provision had never been contained herein or therein.
11. This Note may be charged only by an agreement in
writing signed by Lender and Maker or then-present obligor under
this Note. This Note is to be construed, interpreted and
enforced according to, and to be governed by, the laws of the
Commonwealth of Pennsylvania.
12. Maker represents and warrants to Lender that the
loan evidenced by this Note is being made solely for business
purposes (and not for family, household, or personal purposes)
The foregoing representation is being made by Maker with the
knowledge that Lender is relying thereon in connection with the
transaction evidenced by this Note.
13. Maker agrees to may all costs and expenses
incurred by Lender in connection with the prep=aration , execution
and delivery o'_ this Note and the Assignment and any document or
instrument delivered in connection therew'_th.
IN WITNESS WHEREOF, intending to be legally bound, the
undersigned Maker has executed this Note, under seal, as its free
act and deed for the uses and purposes her=in contained, as of
the day and year first hereinabove written.
ZPR INVESTMENTS, INC.
a Pennsylvania corporatior
3y:
Name:
T't1e
(Corporate Sea'-I
- 5 -
I • 1
ZP INVESTMENTS, INC.
a Pennsyl ania corporation
By:
NameV
[Corporate Seal] TitlWYOMING VALLEY PHYSICIANS IMAGING
CENTER, L.P., a Pennsylvania limited
partner.5h,.p
By: _ (seal)
Name: //
Title gene rhl g -ne-
- 6 -
CAMP HILL PHYSICIANS IMAGING CENTER, L.P., a
Pennsylvania limited partnership
By:
Name:
Title c ne a1 ar*_ner
WEXFORD RADIOLOGY, P.C.
a Pennsylvania professional corporation
By.
Name :
Title:
SANOY MEDICAL GROUP, LTD.
a Delaware corporation
By:
Name: i
Title:
[Corporate Seal]
READING OPEN IMAGING, P.A.
a Delaware professional corporation
By: Gz
Name
Title:
MAKER
L:\10538\02\agr\c;note.ec1
(Seal)
7 -
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WOMBLE CARLYLE SANDRIDGE & RICE
AP+MISpv.4Lw=L*i;vn Ca .
EIGHTH FLOOR
1120 NINETEENTH STREET. N.W.
WASHINGTON, D.C. 20036-7684
TELEPHONE (202) 467.6900
FACSIMILE (202) 467-6910
October 31, 1998
37827.0002.1
Bill Number 291527
STATEMENT FOR SERVICES RENDERED
ZPR Investment, Inc.
Go Dr. Yonas Zegeye
1400 16th Street, N.W. Suite 330
Washington, OC 20036
RE: BANKRUPTCY
ATLANTA, GA
CHARLOTTE. NO
RALEIGH, NO
RESEARCH TRIANGLE PARK, NC
WINSTON-SALEM, NO
IRS EMPLOYER IDENTIFICATION
NUMBER 56-0308470
FOR PROFESSIONAL SERVICES RENDERED THRU 09/3011998
DISBURSEMENTS THRU 09130/1998
CURRENT TOTAL
OUTSTANDING RECEIVABLES A S OF Octo ber 31 1998
BILL NO. 1038524 04/15/1998
BILL NO. 1039000 04/30/1998
BILL NO. 1039293 05/21/1998
BILL NO. 1039707 06/22/1998
BILL NO. 1040276 07/24/1998
BILL NO. 1040661 08117/1998
BILL NO. 1041067 09/22/1998
TOTAL AMOUNT DUE
$ 19,137.00
$ 2,689.68
$ 21,826.68
$ 6,826.61
$13,714.22
$ 707.50
$ 20,240.56
$ 30,739.69
$ 48,505.19
$ 37,951.83
$ 180,512.28
WOMBLE CARLYLE SANDRIDGE & RICE
A Pb(Typyµ GYnO W w n Cc?.vn
EIGHTH FLOOR
1120 NINETEENTH STREET, N.W.
WASHINGTON, O.C. 20036.3684
TELEPHONE (202) 467.6900
FACSIMILE (202) 4676910
November 18, 1998
37827.0002.1
Bill Number 294074
STATEMENT FOR SERVICES RENDERED
ZPR Investment, Inc.
do Dr. Yonas Zegeye
1400 16th Street, N.W. Suite 330
Washington, DC 20036
RE: BANKRUPTCY
ATLANTA, W
CHARLOTTE, NO
RALEIGH, NO
RESEARCH TRIANGLE PARK, NO
WINSTON•SALE.M, NO
IRS EMPLOYER IDENTIFICATION
NUMBER 56.0308470
FOR PROFESSIONAL SERVICES RENDERED THRU 10/31/1998 $ 29,946.50
DISBURSEMENTS THRU 10/31/1998 $ 2,541.62
CURRENTTOTAL
OUTSTANDING RECEIVABLES AS OF November 18. 1998
BILL NO. 1038524 04/15/1998
BILL NO. 1039000 04/30/1998
BILL NO. 1039293 0512111998
BILL NO. 1039707 06/22/1998
BILL NO. 1040276 07/2411998
BILL NO. 1040661 08/17/1998
BILL NO. 1041067 09122/1998
BILL NO. 291527 10131/1998
$ 32,488.12
$ 6,826.61
$ 13,714.22
$ 707.50
$ 20,240.56
$ 30,739.69
$ 48,505.19
$ 37,951.83
$ 21,826.68
TOTAL AMOUNT DUE $ 213,000.40
I I
WOMBLE CARLYLE SANDRIDGE & RICE
APN SL LLIMISOaII NCO ANV
EIGHTH FLOOR
1120 NINETEENTH STREET, N.W.
WASHINGTON, O.C. 20036.3684
TELEPHONE (202) 467.6900
FACSIMILE (202) 467.6910
December 16, 1998
37827.0002.1
Bill Number 298219
STATEMENT FOR SERVICES RENDERED
ZPR Investment, Inc.
c/o Dr. Yonas Zegeye
1400 16th Street, N.W. Suite 330
Washington, DC 20036
RE: BANKRUPTCY
iS
g
1 ''a
ATLANTA, GA (.:.
CHARLOTTE, NO
RALEIGH, NO
RESEARCH TRIANGLE PARK, NO
`.
WINSTON-SALEM, NO
IRS EMPLOYER IDENTIFICATION
NUMBER 56-0308470
FOR PROFESSIONAL SERVICES RENDERED THRU 11/30/1998
DISBURSEMENTS THRU 11/30/1998
CURRENT TOTAL
OUTSTANDING RECEIVABLES AS OF Dece mber 16 1998
BILL NO. 1038524 04/15/1998
BILL NO. 1039000 04/30/1998
BILL NO. 1039293 05/21/1998
BILL NO. 1039707 06122/1998
BILL NO. 1040276 07/24/1998
BILL NO. 1040661 08/17/1998
BILL NO. 1041067 09/22/1998
BILL NO. 291527 10/31/1998
BILL NO. 294074 11/18/1998
$ 30,726.00
$ 1,064.37
$ 31,790.37
$ 6,826.61
$ 13,714.22
$ 707.50
$ 20,240.56
$ 30,739.69
$ 48,505.19
$ 37,951.83
$ 21,826.68
$ 32,488.12
TOTAL AMOUNT DUE $ 244,790.77
WOMBLE CARLYLE SANDRIDGE & RICE
n PPM?ft!ovK LwRn 4w,nGawun
EIGHTH FLOOR
1120 NINETEENTH STREET, N.W.
WASHINGTON, D.C. 2003&7684
TELEPHONE (202) 467{900
FACSIMILE (202) 467.6910
January 22, 1999
37627.0002.1
Bill Number 302130
STATEMENT FOR SERVICES RENDERED
ZPR Investment, Inc.
c/o Dr. Yonas Zegeye
1400 16th Street, N.W. Suite 330
Washington, OC 20036
RE: BANKRUPTCY
ATLANTA,GA
CHARLOTTE, NO
GREENVILLE, SC
RALEIGH, NO
RESEARCH TRIANGLE PARK, NO
WINSTON-SALEM, NO
IRS EMPLOYER IDENTIFICATION
NUMBER 56-0308470
FOR PROFESSIONAL SERVICES RENDERED THRU 12/31/1998
DISBURSEMENTS THRU 12/31/1998
CURRENT TOTAL
TSTANDIN RECEIVABLES AS OF January 22. 1
BILL NO. 1038524 04115/1998
BILL NO. 1039000 04/30/1998
BILL NO. 1039293 05/21/1998
BILL NO. 1039707 06/22/1998
BILL NO. 1040276 07/24/1998
BILL NO. 1040661 08/17/1998
BILL NO. 1041067 09/2211998
BILL NO. 291527 10/31/1998
BILL NO. 294074 11/18/1998
BILL NO. 298219 12/16/1998
$ 47,121.50
$ 1,851,68
$ 48,973.18
$ 6,826.61
$ 13,714.22
$ 707.50
$ 20,240.56
$ 30,739.69
$ 48,505.19
$ 37,951.83
$ 21,826.68
$ 32,488.12
$ 31,790.37
TOTAL AMOUNT DUE $ 293,763.95
PLEASE RETURN THIS PAGE WITH PAYMENT
PLEASE REMIT PAYMENT WITHIN 30 DAYS OF THE BILL
DATE
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Hours Billed to ZPR Investments, Inc. for Confessed Judgment Matter
January 1, 1999 through May 14, 1999
Date Description Attome Hours Amount
1/12/1999 Research regarding confession of judgment Folds, J. David 0.50 75.00
in Pennsylvania
1/12/1999 Meeting with J. David Folds regarding confessed Gold, Jonathan 0.40 54.00
judgment complaints; review pleadings and
documents regarding same
1/14/1999 Review documents and pleadings regarding Gold, Jonathan 0.30 40.50
confessed judgment notes
1/15/1999 Review documents and pleadings regarding Gold, Jonathan 1.40 189.00
Confessed Judgment Complaint
1/15/1999 Draft Confessed Judgment Complaint regarding Gold, Jonathan 3.60 486.00
note for fees in favor of Womble Carlyle
Sandridge & Rice, PLLC
1/18/1999 Draft Complaint for Confessed Judgment Gold, Jonathan 2.20 297.00
1/19/1999 Review and revise Confessed Judgment Gold, Jonathan 0.60 81.00
Complaint
1/19/1999 Meeting with paralegal regarding Confessed Gold, Jonathan 0.20 27.00
Judgment Complaint
1/21/1999 Review and revise Confessed Judgment Gold, Jonathan 0.50
67.50
Complaints
1/25/1999 Complaint for Confessed Judgment Folds, J. David 2.60 390.00
1/25/1999 Research rules regarding judgment by default Folds, J. David 0.30
45.00
1/25/1999 Conference with Eric Anderson regarding filing Folds, J. David 030
45.00
procedures
Page 1 5/14/1999(12:10 PM)
wtxaaoostzs
Hours Billed to ZPR Investments, Inc. for Confessed Judgment Matter
January 1, 1999 through May 14,1999
Date Description Attomev Hours Amount ($)
1/25/1999 Draft and revise Confessed Judgment Complaints Folds, J. David 3.50 525.00
and attachments
1/25/1999 Research regarding confessed judgments
1/26/1999 Prepare affidavits for Confessed Judgment
Complaints
1/26/1999 Revise, execute and prepare for filing of
Confessed Judgment Complaints
1/26/1999 Motions for Confessed Judgment Complaints
5/13/1999 Revise Confessed Judgment Complaints
5/14/1999 Prepare Confessed Judgment Complaints for
filing
Folds, J. David 1.80 270.00
Folds, J. David 0.50 75.00
Folds, J. David 5.00 750.00
Folds, J. David 2.50 375.00
Folds, 1. David 4.00 600.00
Folds, J. David 1.00 150.00
Total Attorneys Hours and Fees
31.20 S 4,542.00
1/19/1999 Research and assist Jonathan L. Gold with Anderson, Eric* 1.00 80.00
complaint for confessed judgment '(Paralegal)
1/20/1999 Further research and assist Jonathan L. Gold with Anderson, Eric' 5.00 400.00
complaints for confessed judgments for
Pennsylvania Courts; multiple telephone calls
to Pennsylvania Courts of Common Pleas and
Sherriffs offices regarding Pennsylvania law and
procedures for confessed judgment complaints;
draft memo regarding same
WDCA0008125 Page 2 5/14/1999(12:10 PM)
Hours Billed to ZPR Investments, Inc. for Confessed Judgment Matter
January 1, 1999 through May 14,1999
Date Description Attome
-y Hours Amount ($)
1/2111999 Further research and revisions to
complaints for confessed judgments for
Pennsylvania Courts; more multiple phone calls
to Pennsylvania Courts of Common Pleas and
Sherriffs offices regarding further research of
procedures for confessed judgment complaints;
draft revisions to memo regarding same
Anderson, Eric* 2.50
200.00
1/22/1999 Initial draft of Notice to Defend in Pennsylvania
courts for complaints for confessed judgments
Anderson, Eric" 1.00
1/25/1999 Draft letters to each of the Pennsylvania Courts Anderson, Eric* 2.50
Clerks' office; prepare check request for filing
and service of processs fees
1/25/1999 Revise and further work on initial drafts of each Anderson, Eric* 3.00
of Pennsylvania Courts of Common Pleas actions
for J. David Folds; revise notices to defend
1/25/1999 Revise and finalize letters to Prothonotarys' Anderson, Eric* 5.50
offices; finalize pleadings and exhibits for filings
to North Hampton, Luzerne, Cumberland and
Allegheny Counties for J. David Folds
5/13/1999 Draft and revise interest worksheet chart for Anderson, Eric" 6.50
J. David Folds; analyze and draft exhibit summary
chart of attorney fee's of confessed judgment
matter for J. David Folds
80.00
200.00
240.00
440.00
520.00
5/14/1999 Revise and finalize exhibit charts; finalize filings Anderson, Eric' 4.00
320.00
and Confessed Judgment Complaints
*Total Paralegal Hours and Fees 31.00 S 2,480.00
TOTAL HOURS AND FEES
62.20 S 7,022.00
wDCa0008125 Page 3
5/14/1999(12:10 PM)
WDCk0008125
Expenses Billed to ZPR Investments, Inc.
Cumberland County for Confessed Judgment Matter
Through May 17, 1999
Date Description Amount ($)
5/17/1999 Filing fees for Cumberland County 45.50
5/17/1999 Deposit of Sheriff fees for Service of Process in 100.00
Cumberland County
TOTAL FEES AND EXPENSES 145.50
5/14/1999(2:15 PM)
-15
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-41 -Z
J
Womble Carlyle Sandridge & Rice PLLC
By: Elizabeth C. Lee, Esq.
Bar No. 45217
David R. Kuncy, Esq.
1120 Nineteenth Street, NW
Suite 800
Washington, D.C. 20036
(202) 467-6900/ Fax (202) 467-6910
SANDRIDGE & RICE, PLLC,
Attorneys for Plaintiff
Cumberland County, Pi
Court of Common Pleas
Plaintiff,
V.
Case No. 99-3540
CAMP HILL PHYSICIANS
IMAGING CENTER, L.P.,
Defendant.
AFFIDAVIT OF PROOF OF SERVICE
I, Robert M. Kuney, who being duly sworn according to law and hereby certify that:
I. I am an attorney of Womble Carlyle Sandridge & Rice PLLC. I am over the age
of eighteen (18) years of age, and am competent to testify and have personal knowledge of
the facts set forth herein. I am authorized to make this Affidavit on behalf of Womble
Sandridge & Rice, PLLC.
2. On June 14, 1999, I mailed, via U.S. Certified Mail, Article Number Z597-350-
a copy of the attached Notice Under Rule 2958.1 of Judgment and Execution Thereon,
bit 1, to Defendant, Camp Hill Physicians Imaging Center, L.P's. ("CHPIC") General
er, ZP Investments, Inc., c/o Gerald D. Bassett, President, 52 Highland Avenue,
ehem, PA 18017.
3. On June 19, 1999, Abigail Scott, acting on behalf as an agent or an employee of
Defendant's General Partner, accepted delivery of the certified mail, Article Number Z597-
350-809, containing the Notice Under Rule 2958.1 of Judgment and Execution Thereon to
CHPIC. See attached copy of certified mail return receipt of article addressed to Gerald D.
Bassett, President, Exhibit 2.
I AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE
FOREGOING PAPER ARE TRUE AND CORRECT BASED UPON MY PERSONAL
KNOWLEDGE AND INFORMATION.
WOMBLE CARLYLE SANDRIDGE & RICE PLLC
i
BY: Robert M. Kuney, Esq.
DISTRICT OF COLUMBIA
I HEREBY CERTIFY that on this day of June, 1999, before me, the
subscriber, a Notary Public in and for the State aforesaid, personally appeared Robert M.
Kuney, who acknowledge himself to be am attorney of Womble Carlyle Sandridge & Rice,
PLLC, and that he, as such, being so authorized to do, sworn and subscribed to before me
and executed the foregoing instrument for the purposes of showing proof of service of the
Notice Under Rule 2958.1 of Judgment and Execution Thereon to Camp Hill Physicians
Imaging Center, L.P.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
Dec ?r?B?x 1412 0&3
Vi
NVOb1BLE
CAMLE Pr
SANDRIDGE
& RICE
A PROPe59JFAL :NiTrO
LIABILITY C2NPAMY
1120 Nineteenth Street N.W.
8-' Floor
Washington. D.C. 20036-3684
Telephone: (202) +67-6900
Fax: (202) +67-6910
Web site: www.wcsr.com
Robert M. Kuney
Direct Dial: (202) 857.4451
Direct Fax: (202) 261.0051
E-mail: rkuney@wcsr.com
June 14, 1999
VIA CERTIFIED MAIL
Gerald D. Bassett, President
ZP Investments, Inc., General Partner
of Camp Hill Physicians Imaging Center, L.P.
52 Highland Avenue
Bethlehem, Pennsylvania 18017
Re: Womble Carlyle Sandridge & Rice, PLLC v. Camp Hill Physicians
Imaging Center, L.P., Case No. 99-3540
Dear Mr. Bassett:
Enclosed please find a Notice Under Rule 2958.1 of Judgment and Execution
Thereon in connection with the above-captioned confession ofjudgment action.
Since7ly,
l Robert M. Kuney
Enclosure
WDC#9309 v I
ATLANTA CH:RLOTTE RALEIGH RESEARCH TRI kNGLE PARS AASH:SGTOY J C WINiTON S.\LEM
Womble Carlyle Sandridge & Rice PLLC
By: Elizabeth C. Lee, Esq.
Bar No. 45217
David R. Kuney, Esq.
1120 Nineteenth Street, NW
Suite 800
Washington, D.C. 20036
(202) 467-6900/ Fax (202) 467-6910 Attorneys for Plaintiff
SAYDRIDGE & RICE, PLLC, "" 1iuu %.oaary, re
Court of Common Pleas
Plaintiff
V. Case No. 99-3540
CAMP HILL PHYSICIANS
IVIAGING CENTER, L.P.,
Defendant.
I OF JUDGMENT AND
NOTICE OF DEFENDANT'S RIGHTS
To Camp Hill Physicians Imaging Center, L.P.:
Ajudgment in the amount of $221,304.18 has been entered against you and in
favor of the plaintiff without any prior notice or hearing based on a confession ofjudgment
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 to you.
You may have legal rights to defeat the judgment or to prevent your 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
ryA`M. 1111111[ "
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
David R. Kuney, Esq.
J. David Folds, Esq.
Elizabeth C. Lee, Esq., Bar No. 45217
Womble Carlyle Sandridge & Rice PLLC
1120 Nineteenth Street, NW
Suite 300
Washington, D.C. 20036
Attorneys for Plaintiff
WDCX9176 vI
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PS Form 11, ecember 1 102595.97.84179 Domestic Return Pam..Rr
UNITED STATES POSTAL SERVICE
III uortnBlNo. Q eel Paid
• Print your name, address, and ZIP Code In this box •
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03540 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WOMBLE CARLYLE SANDRIDGE & RIC
VS.
CAMP HILL PHYSICIANS IMAGING C
BRIAN BARRICK Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT FOR CONFESSED JUDG was served
upon CAMP HILL PHYSICIANS IMAGING CENTER L P the
defendant, at 1639:00 HOURS, on the 11th day of June
1999 at 4349 CARLISLE PIKE
CAMP HILL, PA 17011 CUMBERLAND
County,. Pennsylvania, by handing to CHERYL MARZARI, CHIEF
TECHNICIAN & ADULT IN CHARGE
a true and attested copy of the COMPLAINT FOR CONFESSED JUDG.
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 8.68
Affidavit .00
Surcharge 8.00 R? nomas ine, 5 erir
$37 68-
0 7BL$ CARLYLE SANDRIDGE RICE I
06/14/1999
by ol, L;
epu y eri
Sworn and subscribed to before me
this /y day of
199.7 A. D.
d / o on a y
Womble Carlyle Sandridge & Rice PLLC
By: Elizabeth C. Lee, Esq., Bar No. 45217
John David Varley, PA S.C. No, 82589
J. David Folds, Esq.
1120 Nineteenth Street, NW
Suite 800
Washington, D.C. 20036
(202) 467-6900/ Fax (202) 467-6910 Attorneys for Plaintiff
WOMBLE CARLYLE Cumberland County, Pennsylvania
SANDRIDGE & RICE, PLLC Court of Common Pleas
Plaintiff
V.
Case No. 99-3540
CAMP HILL PHYSICIANS
IMAGING CENTER, L.P.,
Defendant.
PRAECIPE FOR RELEASE AND SATISFACTION OF JUDGMENT
Womble Carlyle Sandridge & Rice, PLLC, the plaintiff herein (the
"Plaintiff"), by its undersigned attorneys, hereby requests release and satisfaction of
judgment by confession against Camp Hill Physicians Imaging Center, L.P. ("CHPIC" or
"Defendant"), and states as follows:
1. On June 10, 1999, WCSR filed a Complaint for Confessed Judgment
("Complaint") against the Defendant. A Notice of Judgment was served upon the defendant
on or about June 19, 1999.
2. The Judgment was paid and satisfied on November 16, 1999.
WOMBLE. CARLYLE, SANDRIDGE & RICE. PLLC 1120 NINETEENTH STREET. N.W WASHINGTON D.C. 20036-3684
WHEREFORE, Womble Carlyle Sandridge & Rice, PLLC, the Plaintiff
herein, respectfully requests that this Court ENTER A RELEASE AND SATISFACTION
OF JUDGMENT BY CONFESSION, and close this case.
Respectfully submitted,
hn David Varley, PA S. o.82589
J. David Folds, Esq.
Womble Carlyle Sandridge & Rice PLLC
1120 Nineteenth Street, NW
Suite 800
Washington, D.C. 20036
Attorneys for Plaintiff
WDCY 15993 vi
WOMBLE. CARLYLE. SANDRIDGE 6 RICE. ruc 1120 NINETEENTH STREET. N.W. WASHINGTON D.C. 20016.1684
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