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HomeMy WebLinkAbout09-4137 SUSQUEHANNA BANK, Plaintiff vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - y I37 CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Guaranty, as defined in the Complaint filed in the above captioned case and evidenced by Exhibit B to said Complaint, we appear for Defendants, Richard C. Thomas and Kim B. Thomas and confess judgment against them in favor of Plaintiff, Susquehanna Bank, as follows: Principal: $ 999,999.31 Accrued Interest: 5,111.08 Late/Satisfaction Fees 40.00 Total: $1,005,150.39* *along with interest accruing at the per diem rate of $111.11 from and following May 29, 2009 and reasonable attorney's fees incurred by the Bank until paid in full. Date: June 12, 2009 McNEES WALLACE & NURICK LLC By -? Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a)mwn. com Attorneys for Plaintiff - 1 SUSQUEHANNA BANK, Plaintiff VS. RICHARD C. THOMAS and KIM B. THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Richard C. Thomas Kim B. Thomas 155 Ken-Lin Drive Carlisle, PA 17013 A judgment in the amount of $1,005,150.39 has been entered against you and in favor of Susquehanna Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 or (800) 990-9108 Date: June 12, 2009 McNEES WALLACE & NURICK LLC By: Clayton W. Davidson Attorney I.D. 79139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a)mwn.com Attorneys for Plaintiff, Susquehanna Bank Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(i,mwn.com Attorneys for Plaintiff SUSQUEHANNA BANK, Plaintiff vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Susquehanna Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Susquehanna Bank, successor in interest to CommunityBanks, (the "Bank"), is a Pennsylvania banking institution with its principal place of business located at 1570 Manheim Pike, P.O. Box 3300, Lancaster, Lancaster County, Pennsylvania, 17604-3300. 2. Defendants, Richard C. Thomas and Kim B. Thomas (collectively the "Defendants'), are adult, married individuals last known residing at 155 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On December 7, 2005, the Bank agreed to make available to Mr. Thomas, while doing business as a sole proprietor known as "Thomas Construction," a $1,000,000.00 line of credit (the "Line of Credit") for a commercial purpose and immediately thereafter Mr. Thomas executed a commercial variable rate revolving draw note (the "Note") evidencing the terms and conditions of the Line of Credit. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 4. On December 7, 2005, the Defendants agreed to act as unconditional sureties for, among other things, the payment and performance of the Line of Credit and executed an unlimited commercial guaranty (the "Guaranty") evidencing their obligations to the Bank. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Guaranty (less any applicable tax identification numbers). 5. Mr. Thomas has made certain draws under the Line of Credit and defaulted under the Note by failing to deliver to the Bank copies of financial information for Thomas Construction, n/k/a Thomas Construction Associates, Inc. for the years 2007 and 2008. 6. The Defendants have defaulted under the Guaranty as a result of Mr. Thomas defaulting under the Note. 7. As a result of said defaults referenced in paragraph 5 above, the Bank has accelerated the entire indebtedness due and owing under the Line of Credit. 8. The Guaranty, as well as applicable law, does not require the Bank to provide notice to the Defendants prior to accelerating the indebtedness thereunder and/or provide for any right to cure these payment defaults. 9. The Guaranty provides that upon a default thereunder the Bank may confess judgment against the Defendants for the entire principal balance due and owing thereunder along with accrued interest, late fees, satisfaction fees, costs of suit and reasonable attorney's fees. 10. The total sums due and owing under the Note and the Guaranty to the Bank as of May 29, 2009 are itemized as follows: Principal: $ 999,999.31 Accrued Interest: 5,111.08 Late/Satisfaction Fees 40.00 Total: $1,005,150.39* *along with interest accruing at the per diem rate of $111.11 from and following May 29, 2009 and reasonable attorney's fees incurred by the Bank until paid in full. (the "Indebtedness"). 11. All conditions precedent have been satisfied to allow the Bank to confess judgment for the Indebtedness against the Defendants under the Guaranty. 12. The Bank is the holder of the Note and the Guaranty. 13 The Note and Guaranty were executed and delivered in connection with a commercial transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 14. Judgment has not been confessed or entered under the Guaranty against the Defendants in any other jurisdiction. WHEREFORE, Plaintiff, Susquehanna Bank, hereby requests this Court to enter judgment by confession against Richard C. Thomas and Kim B. Thomas, in the amount of $1,005,150.39 as of May 29, 2009 along with continuing interest accruing at the per diem rate of $111.11 and reasonable attorney's fees incurred by the Bank until paid in full. McNEES WALLACE & NURICK LLC Date: June 12, 2009 By Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a,mwn. com Attorneys for Plaintiff VERIFICATION I, Patrick W. Cowan, Senior Vice President of Susquehanna Bank, verify that I am authorized to make this verification on behalf of Susquehanna Bank, and that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Patrick W. Cowan as Senior Vice President of Susquehanna Bank ?,X?? i CommunlWftnks t:ammtutltyyltmakx 2796 Old I ri Real liarri?mrgg PA 17110 (71'T) 71dA. 00 "UMPIt" Richard Thomas Kim Thomas UNLIMITED CONTINUING GUARANTY ADDRESS- 'ADDR1599 155 Ken-Lin Drive 155 Ken-Lin brive' . Carlisle, PA 17013 Carlisle BA 17013 TELapmor* No. IeaNTIM-TION No.':..: , . TBt,F?PHdpa1{o IoaNTmhCati01? rah 1. CONSIDERATION. This Guaranty is being executed to induce Lender, indicated above, to enter Into one or more loans or ocher financial accommodations with or on behalf of Borrower. 2, GUARANTY. Guarantor hereby unconditionally guarantees the prompt and full payment and perfomhance, and promises pay all of Borrowers present and future. joint and/or several, direct and Indirect, ablickda and contingent, express and implied, Indebtedness, lialtili ; obligations and covenants (cumulatively, 'Indebtedness'). to Lender when due (whether upon maturity, or by demand, acceleration or otherwise). GuararjmrBlfabltitiee and obligations under this Guaranty ('01ifigations') shall be unlimited and shah Include all present and future written agreements between !Borrower and Lender (whether executed for the some or different purposes than the foregoing), evklancing the Indebtedness, together with it Interest a* all of. Lendsee expenses and costs, including but not limited to reasonable atomeys lose incurred M connection with tfie Indeptadnese including Mny amendments, exterialors, modifications, renewals, replacements or substitutions thereto. Including, but hot limited to, the following Indebtedness: ? -INTEREST I- "pRiNDIPAL?i1WQUNT?--"`?'""'--F.OFIER MATVRITY CREDITUMIT _ AOREFJaENT'T6_ RATE NUAIgR si.000 O:oo f `i0 1oi/os , 3. SECURITY INTERE TT.LXI f checked, the Obligations under 043 Guaranty are secured by die collateral described in anyidecurity instrument(s) executed In connection with this Guaranty and any collateral described in any other security instrumsngs) securing this Guaranty or all of Guarantors obligations. 4. ABSOLUTE AND CONTINUING NATURE OF GUARANTY. Guarantors Obligations are absolute and continuing and shit not be affected or impaired if Lender repeatedly and unconditionally amends, renews, extends, compromises, exchanges, falls to exercise or perfect his in, Impairs or raise" any collateral or arty of the Indebtedness owed by any Borrower, Co-guarantor or third party (even It such impairs Guarsntore r is of subrogation) to Lender or any 91 Lendor'a rights against any Borrower, Co-guarentor, third parry, or collateral, In addition, the Obligations shall not;bo affected or Impaired by the discharge (including but not limited to any inability to collect a deficiency judgment against) death. Incompetency, temhlrfaton, dlasolutbn, insolvency, business cessation, or other financial deterioration of any Borrower, Guarantor, or third party or by any state of facts or the happening from time to time of any event, including without Imitation: The invalidity, irregularity, illegality or unenforosability 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 government lie lure or des olio or of any agency thereof purporting to reduce, amend or otherwise affect the Indebtedness of the Borrower or any other. obligor or any other forma 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 parry named. as a Guarantor under this Guaranty; The failure to give notice to the Guarantor of the oCCurience of an event of default under the promissory note or any other agreement; The loss, release, sale, exchange, surrender or other change in any Collateral; The repealed extension of the time tot payment of any principal of or interest on the Indebtedness of 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 modlibadon or amendment (whether material or otherwise) of any obligation, covenant oragreement set forth in the promissory note or any agreement; The taking of, ovine omission to take, any of the actions referred to in the promissory note or any agreement; Any failure, Omission or delay on the part of the Lender to:enforce,. assert o/exercise any right, power or remedy conferred on the Lender in the promissory note or any agreement The voluntary or involuntary liquidation, dissolution, eels or other disposition of all or substantially all the assets,. marshalling of assets and liabilities; receivership, insolvency. bankruptcy;; assignment low 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 of any agreement, The default or failure of the Guarantor to fully perform any Obligations set forth in this Guaranty; Arty event or action that would, in the absence at 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 otfwr circumstances which might otherwise constitute a legal or equitable discharge or defense of a surety or a guarantor. 5. DIRECT AND UNCONDITIONAL NATURE OF GUARANTY. Guarantors Obligations are direct and unconditional and may be enforced without requiring Lander to exercise, enforce, or exhaust any right or remedy against any Borrower, Cnuarantor, third party, or any security orC40. tsral. 6. WAIVER. Guarantor hereby waives notoa of the acceptance of this Guaranty; notice of present and future extansl of credit and other financial accommodations by Lender to any Borrower; notice of the obtaining or release of any guaranty, assignment, or other seog for arty of the Indebtedness; nolios 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 lavi. 7. NATURE OF GUARANTY. This Guaranty is a guarenry of payment and not of collection, and the Guarantor hereby-wa4s the right to require that any action be brought first against the Borrower or any other Guarantor; or any security or the Collateral, of to require that resori be made to any security or the Collateral or to any balance of any deposit account or credit on the books of the Lender in favor of the Borrower or of any Guarantor. s. EVENTS OF DEFAULT. An Event of Default shall Occur under this Guaranty in the event that any Guarantor: (a) Isis 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 Lander contained in any ban document Oi( this Guaranty or any other present or future promissory note or written agreement; (c) provi403 or causes any false'or misleading n lure or repreaentatbn to be provided to Lund®r; (d) sets, conveys, or transfers rights in an Collateral securing Ilia Ouarenty without tie wrftton approval of Lender, dessbys, bBea or damages such Collateral in any material respect, or subects ouch Colkbsrel to saixure or oonlacai{on; (o) has a gamiahment dg m enl tax levy, attaehmant or an entarod or served agalnet any Gua anlpr, or any of their property; j (I) dies, Gecornas legally incompetent; a dkaotvsd or tarminetod, caeaes to ope rate as buslnaea, becomes insolvent, makes an assignment for the behest of oreditore, or becomes the subject of any btlnkruptoy meal". y or debtor rehab ilation prooeeding; (g) fella toprovlde Lender evidence of satisfactory InanciaI condition; or ( causes Lancer to deem heat insecure duo to a nrignifiunt decline in the value of any colaterai securing this quaraehly, or Lander in good faith, believes the prospect of payment or pedomhance is'in I ed. 8. RIGHTS OF LENDER ON EVENTOF 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 acceleration shall be automatic: and Immediate I' the Event of Default Is a. Ninngg under the Bankruptcy Code; (b) to collect the outstanding obligations under this Guaranty with or without resorting to judiolaf process; ((c to lake possession of any Collateral in any manner permitted by law; (d; to require Guarantor to deliver and make available to Lender any Collateral ata place reasonably convenient to Guarantorand Lander, (e) to sell, lease or otherwise dispose of arty Collateral and collect any deficiency balance with or without resorting to judicial prposse; 0 to set-off Guarantors Obligations under. this Guaranty against any amounts due. to Guarantor including, but not limited to, monies, Instruments, and deposit accounts maintained with lender; and (g) to exercise all other rights available to Lendr 'der any other written agreement or applicable law. Lender's rights are cumulative end may be axe. d together, or separately, and in any. order. Land, amodiss under this paragraph are in addition in MORA available of common law, including, but not firmed to the right to set-off. 10. SUBORDINATION. The payment of any present Or future Indebtedness of Borrower to Guarantor wig be postponed and aSbordinated to the payment in full of any present or future Indebtedness of Borrower to tender dui the term of this Guaranty. In the event that Guarantor rooeivea. any monies, instruments, or other remittances to be applied a?strut Borrower's obligations to Guarantor. Guarantor wall hold these fends in trust for Lander and Immediately, endorse or assign (If necessary) and de wer these mortise, Instruments and other remitlanotis to Lander. Guarantor agrees that Larder shall be preferred to Guarantor in any assignment for the benefit of Borrower's orediwis in any bankruptcy, insolvency, liquidation or reorgeniration 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 finarloul condition and mot Upon any written. or oral representation of Lander Inert manner. Guarantor assumes full responsibility for obtaining any additional information regarding Borrower's gnano1al condition and Lender stall not be required to famish Gu?rentor. with any reformation of any kind regarding Borrower's financial ocnditknn. 12. ACCEPTANCE OF RISKS; Guarantor acknowledges the absolute and continuing nature of this Guaranty and voluntarily Ociepte 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 thni Borrower shag incur additional Indebtedness to Lander rn the future. 13, SUBROGATION. Guarantor hareby irrevocably waives and releases the Borrower from all 'claims' (as defined in Section 101(6) of the Bankruptcy Cote) to which Guarantor is or would, at any time, be entttbd by virtue. of Its obligations under this Guaranty, Including, without limitation, any right of subiogatlon (whether contractual, under Section 609 of the Bankruptcy Cade or otherwise), reimbursement, ocntribufhon, exoneration or similar right against the Borrower: any mguarantor, any third party or any Collateral. 14. APPUCA71ON OF PAYMENTS. Lender will be entitled to apply any payments or other monies received from. Borrower, arty thin party, or any uwgatersl against Borroweez present and future Indebtedness to Lander in any order. 15. TERMINATION. This Guaranty . shag remain in full force and effect until Lender executes and delvers to Guarantor a written release thereof. Notwithstanding the foregoi Guarantor shag be argued to terminate any unlimited guaranty of Borrower's. future Indebtedness to Lender Mom any anniversary of this Guaranty?y providing Lender with sixty (60) Or more days' written notice of such termination by hand•dsifvery or cart4led mail. Was shall be deemed given when received by Lender, Such notice of termination shall not affect or Impair any of the egremente and O?bligatione of tits Guarantor under this Guaranty, wwith respect to any Indebtedness existing. prior to the time of actual receipt of audh noW4 by Lander, any extensions, modifications, amendments, replAcaments or renewals thereof, and any interest on arty of the foregoing, 16. ASSIGNMENT. Guarantor egress not to assign any of Guarantor's rights or Obligations described in this Guaranty without lender's prior written consent which consent may be withheld by Lender In its sole discretion. Guarantor agrees chat Lander is entitled to assign some or lath of its righae and remedies described in this Guaranty without notice to or the prior consent of Guarantor in any mariner. Unless the Lander shall otherwise consent ill writing, "M Lender shall have an. unimpaired right prior and superior to that of any aestgnes, to enforce this Guaranty for the benefit of the Lender, as to those Obligations that the Lender has hot assigned. 19. MODIFfCATION AND WAIVER. The modification or waiver of any of Guarantors Obligations or Lender's rights under this Guaranty must be contained in a writing signed by Lender. Lander may data y in exerefaing or failing to exercise any of its rights without causing a waiver of those rights. A waiver: on one occaaton shall not constitute a waiver on any other 00011slon. 19. SUCCESSORS AND ASSIGNS.. This Guaranty shag be bfnding upon and inure to the benefit of Guarantor and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees, and devieves, , 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 designers in writing. from time to time. 20. SEVERASIUTY, It any provision of this Guaranty is Invalid, Illegal or unenforceable, the validity; legality, and enforceability of the remaiMng provisions shall not in any way be affected or impaired thereby. 21. APPLICABLEL.AW. This Guaranty shall be governed. by the laws of the state of peaaisylVBisi& y Unless applicable law provides otherwiso, Guarantor consents to the jurisdiction and venue of any court located In such state selected by Lander, In its discretion, in the event of any legal proceeding under this Guaranty. 22. COLLECTION COSTS. Td the extent permitted by law, Guarantor agrees to pay Lenders reasonable fees and costa, including, but not limited to, an attorney's commission of S it of the total amount glen due; fees and costs of attorneys and other agents (Inoluc ingg without Ilmiltatkn paralegals, clerks and consultants) whether or not any attomsy or agent is an employee of Lander, which are Incurred by Lander in Callao ttng any amount due or embtoing any right or remedy under this Guaranty, lincluding, but not limited to, all fees and costs Incurred on appeal, in bankruptcy, for post judrlment collection actions, and whether or not suit is brought. 23. REPRESENTATIONSOF GUARANTOR. Guarantor acknowledges receipt of reasonably equivalent value in consideration for the execution of this Guaranty and represents that, after giving effect to this Guaranty, the fair market value of Guarantor's assets exceeds' Guarantors total liabilities, including contingent, subordinate and unljquidated 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 toenter into this Guaranty have been obtained. 24. MISCELLANEOUS. Guarantor and Lender agree that time Is of the essence. Guarantor will provrle Lender with current financial statements and other financial information upon request All references to Guarantor In this Guaranty shall include all angles or persons signing this Guaranty. I) 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 cornsimed to require, the signature of Borrowers 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 TOATRIAL BYJURY INANYCIVIL ACTION ARISINGOUTOF, OR BASED UPON, THIS GUARANTY. 26. ADDITIONAL TERMS: IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN(S) OR OTHER FINANCIAL ACCOMMODATION(S) TO BORROWERGUARANTIED BY THIS O ARANTY, GUARANTORIRREVOCASLYAUTHORIZES AND BMPOWERSANY ATTORNEY 09 THE PROTHONOTARYOR CLERK OF ANY COURTIN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE„TO APPEAR AS ATTORNEY FOR GUARANTORIN ANY ACTION BROUGHT BY LENDER AFTER AN EVENT OF DEFAULT UNDER THIS GUARANTY, AND TO CONFESS JUDGMENT AGAINSTGUARANTORFOR ALL SUMS DUE UNDER THIS GUARANTY.AND FDA 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 OOCUMENTS 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 IrIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT IN FULL OF ALL SUMS DUE LENDER. GUARANTORKNOWINGLY, INTENTIONALLY AND VOLUNTARILY. AFTER CONSULTATION WITH INDEPENOENT COUNSEL, UNCONDITIONALLY WAIVES ANY AND ALL RIOI'rrE TO DUE PROCESSGVARANTOR HAS OR MAY HAVE UNDER THE CONSTTTVTIONB-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 WAWER 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 ANDRJR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT. IN ORDER TO SATISFY OR a[cURF Al I A1IMq nh IF INULVUttVG THE TERMS AND CONDITIONS ON THE REVERSESIDE, QUARANTORHAS EXECUTEDTHIS GUARANTYWRH'THE INTENTTO BE BOUND NOTWITHSTANDINGANY FAILURESY ANY OTHER PERSON TO SIGN THIS GUARANTY. GUAP.ANTORACKNOWLEpGESRECEIPTOF I COPY OF THIS GUARANTY. IN WITNESS WHEREOF, the undersigned has/have, caused this instrument to be executed as a sealed Instrument ?11AgANTO ' Cha Th.r-s OUARA in . _ -- m... Trio-_ ... GUARANTOR: GVARANT.R: (Seal) of 91LC amber x,,.,,2 0, 0 5. (Seal; (Seat) LPPAypgg 0 JoM H. HM nd r:o. 14114,881 Moo) 93]•3]89 4a. BORROWER CommunityBanks COMMERCIAL VARIABLE RATE carnenn°`yllan"s REVOLVING OR 2796 Old Post Road Richard Thomas Harrisburg PA 17110 7 " " d/b/a ThOma3 CgA3tr3,1Ct].pn p DRAW NOTE ( 1 n 909-3400 LENDER :. ApDRESS.i J ;,. 155 Ken-Lin Drive Carlisle,_PA 17013 YELEPRONE NO, .._ IDENIIFICATICN OFFICER INTEREST PRI IDENTIFICATION RATE.. NCIPAF, AMC NT/ NDINQ/ , MATBR CRE017 tJMlT ApREEMENTPATI DATE US OMER 'LOAN C126 VARIABLE $110 001000.00 12/07/05 NUMBER NUMBER HUMISE To PAY: For value received, Borrower promises to pay to the order of Lender, the principal am, unt of e Z 1 Q,QQQ Dollars ($ 1 0 . 00 _) of, if less, the aggregat e npaid principal amount of all loans or advances made by Lender to Borrower under this Note, plus inte at on the unpaid principal balance at the rate and in is manner described below, until all amounts owing under this Note are paid in full. All amounts receiv d by Lender shall be applied first to accrued unpaid Iterest, then to unpaid principal and then to unpaid late charges and expenses, or in any other order as determined by Lender, in Lender's sole discretion, as ermitted by law. [EVOLVING OR DRAW FEATURE: O This Note possesses a revolving feature. Upon satisfaction of 11 conditions set forth in this Note, Borrower shall be ntitled to borrow up to the full principal amount of the Note and to repay and reborrow from time to time Bring the term of the Note. ? This Note possesses draw feature. Upon satisfaction of all conditions set forth in this Note, Borrower shall be entitled to dra one or more times under this Note. Any repayment iay not be reborrowed. The aggregate amount of such draws shall not exceed the full principal amount of thi Note. Tformation with regard to any loans or advances under this Note shall be recorded and maintained by L rider in its internal records and such records shall be onclusive of the principal and Interest owed by Borrower under this Note unless there is a material er r in such records. The Lender's failure to record the late and amount of any loan or advance shall not limit or otherwise affect the obligations of the Borrows under this Note to repay the principal amount of the )ans or advances together with all interest accruing thereon. Borrower shall be entitled to inspect or obtain a copy of the records during Lender's business ours. :ONDITIONS FOR ADVANCES: If no Event of Default has occurred under this Note, Borrower shall beientitled to borrow monies under this Note (subject to he limitations described above) under the following conditions: i INTEREST RATE: This Note has a variable rate feature. The interest rate on this Note may change from kime to time it the Index Rate identified below changes. Interest shall be computed on the basis of the actual number of da s over 360 d? s per year. Interest on this Note shall be calculated and payable at a variable rate equal to 0 .500 % per annum under the Index Rate' The inl lal Interest rate on this Note shall be 6 . 500 % per annum. Any change in the interest rate resulting from a change in the Index Rate will be effective on: The date of the change. i [ATE LIMITATIONS: Subject to applicable law, the minimum interest rate on this Note shall be 4 . 0 0 %per annum., The maximum interest rate on his Note shall not exceed 21 . 000 % per annum, or if less, or if a aximum rate is not indicat d, the maximum interest rate Lender is permitted to )harge by law. The maximum rate increase at any one time will be n a %. The maximum rate decrease at any one time will be n/a %. NDEX RATE: The Index Rate for this Note shall be: Wall Street Journal Prime: The Prime Rate as published in the Wall Street Journal. I the Index Rate is redefined or becomes unavailable, then Lender may select another index which is substantially similar. )EFAULT RATE: If there is an Event of Default under this Note, the Lender may, In Its discretion, increased the interest rate on this Note to: or me maximum interest rate Lender is permitted to charge by few, whicheveris less. 'AYMENT SCHEDULE: Borrower shall pay the principal and Interest according to the following schedule:'. on demand, but if no demand is made, then: Accrued interest shall be payable monthly as billed by the Lender. Principal shall be payable on demand. i WARNING: READ BEFORE SIGNING • YOU ARE WAIVING IMPORTANT RIGHTS IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN EVIDENCED BV THIS NOTE, O RROWERIRREVOCABLYAUTHOR IZES AND EMPOWERS \11 ATTORNEY OR THE PROTHONOTARYOR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLV}/ANIA, OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR 3ORROWERIN ANY ACTION BROUGHTBY LENDER AFTER BORROWER'SOEFAULT UNDER THIS NOTE OR ANY QTHER LOAN DOCUMENT, AND TO CONFESS JUDGMENT \GAINST BORROW ERFO R ALL SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND FOR ALL A44OOCRUED INTEREST ON THOSE AMOUNTS, COST OF SUIT, \ND ATTORNEY FEES, TOGETHER WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEREST SPECIFIED IN THE NOTE AFTER DEFAULT. FROM THE ENTRY OF 'UCH JUDGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUALLY RECEIVED. THIS NOTE, OR A,COPY VERIFIED BY AFFIDAVIT, WILL BE A SUFFICIENT WARRANT. 'HE AUTHORITY GRANTED HEREIN MAYBE EXERCISED AS NEEDED FROM TIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT IN FULL OF ALL SUMS )UE LENDER. 3ORROWERKNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS rO DUE PROCESS BORROWERHAS OR MAY HAVE UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STN.TES AND OF THE COMMONWEALTH OF PENNSYLVANIA, =XCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPEC . TO THE EXECUTION OF ANY CONFESSED JUDGMENT. 3ORROWERFURTHERUNDERSTANDS THAT UPON BORROWER'SDEFAULT AND CONFESSION OF JUDGMENT, THIS WAIVER ALLOWS LENDER TO IMMEDIATELY EXECUTE JPON AND SEIZE AND SELL ANY OF BORROWER'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR HEARING, EXCEPT ANY NOTICE AND/OR HEARING 3EQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT, IN ORDER TO SATISFY OR SECURE ALL SUMS DUE. HE PERSONS SIGNING BELOW ACKNOWLEDGETHAT THEY HAVE READ, UNDERSTAND, AND AGREETO THE ERMS AND CONDITIONS OF THIS NOTE, INCLUDING THE °ROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWLEDGE RECEIPT OF AN EXACT COPY OF THIS NOI`rE. N WITNESS WHEREOF, the un rsigned hes/ha caused this instrument to be executed as a sealed instrument this 7th day of December, 2005 . BORROWER: nom BORROWER: (Be.,) (seat) b a C nst ction Ri a BORROWER: BORROWER: BORROWER' BORROWER: (Seal) BORROWER: BORROWER: ' one installment,-• any partial prepayment will r' 'fact the due date or the amount of any subsf t installment, unless agreed to, in writing. by so d L d rrower an , en er. If this Note is prepa.. in full, there will be ? A minimum finance .large of $ F? A prepayment penalty of : LATE CHARGE: If a 2a ment is received more than 10 days late, Borrower will be charged,a late charge of: ? % of the unpaid late payment; (J$ ; ® 5.00 % of the unpaid late payment or $50.00 , whichever is Q greater ? less, as permitted by law. No more than one late charge will be imposed on any single payment or portion of any payment. 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 ,,,(excluding IRA, Keogh, trust accounts and other accounts subject to tax penalties if so assigned) that are now or in the future in Lender's custody or control If checked, the obligations under this Note are also secured by the collateral described in any security instrument(s) executed in connection with ,this Note, and any collateral described in any other security instrument(s) securing this Note or all of Borrower's obligations. CHECK PROCESSING FEE: If a check for payment is returned 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 $ 3 5 . 0 0 which shall be added to the principal balance. RENEWAL: ® If chocked, this Note is a renewal, but not a satisfaction, of Loan Number 145027410 TERMS AND CONDITIONS 1. EVENTS OF DEFAULT. An Event of Default will occur under this Note In the event that Borrower, 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 garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor, or any third party pledging collateral to secure this Note or any of their property; (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 majorty of its outstanding voting securities sold, transferred or conveyed to any person or entity other than any person or entity that has the majorty 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 process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; (e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (I) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately, and in any order. Lender's remedies under this paragraph are in addition to those available at common law, including, but not limited to, the right of set-off. 3. DEMAND FEATURE. Q 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. FINANCIAL INFORMATION. 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) flays 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 (f) the balance sheet of Borrower as at the end of such fiscal year and (ii) the related income statement, statement of retained earnings and statement of cash flow of Borrower for such fiscal year, prepared by such certified public accountants as may be reasonably satisfactory to Lender. Borrower also agrees to deliver to Lender within fifteen (15) days after filing same, a copy of Borrower's income tax returns and also, from time to time, such other financial information with respect to Borrower as Lender may request. 5. MODIFICATION AND WAIVER. The modification or waiver of any of Borrower's obligations or Lender's rights under this Note must be contained in a writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without causing a waiver of those obligations or rights. Awaiver 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, fails 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 discretion. Borrower agrees that Ladder 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. APPLICABLE LAW. Interest, including rates, fees and charges which compensate Lender for the extension of credit to Borrower under this Note, or which compensate Lender for any default or breach by Borrower of the terms and conditions of this dote, shall be governed by the laws of the state of Pennsvlvania . All other terms and conditions of this Note 'shall be governed 'by the laws of the state of Pennsvlvania . Unless applicable law provides otherwise, Borrower consents to the jurisdiction and venue of any court located in Pennsvlvania selected by Lender, in its discretion, in the even of a legal proceeding finder 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 attomoy 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 Rurposes. 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 Status currency. Borrower and any person who endorses this Note waives presentment, demand for payment, notice of dishonor and protest and further waives '.any right to require Lender to proceed against anyone else before proceeding against Borrower or said person. All references to Borrower in this Note shall include all of the parties signing this Note, and this Note shall be binding upon the heirs, successors and assigns of Borrower and Lender. If there is more than one Borrower their obligations under this Note shall be joint and several. Information concerning this Note may be reported to credit reporting agencies and will be made available when requested by proper legal process. This Note represents the complete and integrated understanding between Borrower and Lender regarding the terms hereof. 12. JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE. 13. ADDITIONAL TERMS: LPPA2045 0 Hadand Fl-1.1 Solrnions, Inc. (4/1/04) (800) 937-3799 SUSQUEHANNA BANK, Plaintiff vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION -LAW CERTIFICATE OF ADDRESS OF PLAINTIFF I hereby certify that the address of the Plaintiff, Susquehanna Bank, successor in interest to CommunityBanks, is a Pennsylvania banking institution with its principal place of business located at 1570 Manheim Pike, P.O. Box 3300, Lancaster, Lancaster County, Pennsylvania, 17604-3300. Date: June 16, 2009 McNEES WALLACE & NURICK LLC ClaytontW. D idson PA Attorney .D. No. 79139 McNees Wal ace & Nurick LLC 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a-,mwn.com Attorneys for Plaintiff, Susquehanna Bank SUSQUEHANNA BANK, Plaintiff VS. RICHARD C. THOMAS and KIM B. THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I, Clayton W. Davidson, hereby certify that the Defendants, Richard C. Thomas and Kim B. Thomas, are located at 155 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. Date: June 12, 2009 McNEES WALLACE & NURICK LLC By Clayton W. vidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cavidson@mwn.com Attorneys for Plaintiff SUSQUEHANNA BANK, Plaintiff vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF RICHARD B. THOMAS & KIM B. THOMAS COMMONWEALTH OF PENNSYLVANIA SS. CUMBERLAND COUNTY The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Defendants, Richard C. Thomas and Kim B. Thomas, are not in the Military or Naval Service of the United States or its Allies, or otherwise within they provisions of the Service Members Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Richard C. Thomas and Kim B. Thomas are over eighteen (18) years of age and were last known residing at 155 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. SWORN My Commission Expires (SEAL) me this. -a-y Clayton W. Day dson A? _==z COMMONWEALTH OF PENNSYLVANIA Notarial Seal Egan M. PakTw, Notary Public Cky of r MY Carxt?elon EM*99 Aug.1 2010 f iLED "C `; O THE 2009 JUi'll 17 PM 1.02 $A'7-50 PO ATW C'.IL* i B! 033 P-T* aa(o as 3 ' l)4:4 poxud SUSQUEHANNA BANK, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq- 14131 C lv i l Teem, RICHARD C. THOMAS and KIM B. THOMAS, Defendants CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT TO: Richard C. Thomas Kim B. Thomas 155 Ken-Lin Drive Carlisle, PA 17013 You are hereby notified that on June f, 2009 a judgment by confession was entered against each of you in the above-captioned case in favor of Susquehanna Bank as follows: Principal: $ 999,999.31 Accrued Interest: 5,111.08 Late/Satisfaction Fees 40.00 Total: $1,005,150.39* *along with interest accruing at the per diem rate of $111.11 from and following May 29, 2009 and reasonable attorney's fees incurred by the Bank until paid in full. DATE: ROTHON Sheriff s Office of Cumberland County R Thomas Kline ~"~is~!~l.-r "~ _ - Sheri of ~aur~d atr ~~ f ' ' n ;,~` C71~' ~ ~ ti , Ronny R Anderson ~o~, 'i~'rdr :: x ~ . x, ~,'~ BZ ~~"~~ / ~ ~~~ Chie De u f PtY . ; ~ ~. . ~ ~.nf , ~ 1 . Yt 1.? ~ \ ~ Jody S Smith ~~~ "'°~ t ~ , ~ Civil Process Sergeant off~~E .:F ~kE s~=_aiFF ..t ~' `~ _;i`~~''~ t .._ 1 s I ~ ~`' Edward L Schorpp r, ~: - - ~ Solicitor Susquehanna Bank vs. Case Number Richard C. Thomas 2009-4137 SHERIFF'S RETURN OF SERVICE 08/03/2009 02:20 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 3, 2009 at 1420 hours, he served a true copy of the within Under PA.R.C.P. NO 2958.1 of Judgment and Execution Thereon, upon the within named defendant, to wit: Richard C. Thomas, by making known unto himself personally, defendant at 1 Courthouse Square Room 303 Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/10/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kim B. Thomas, but was unable to locate her in his bailiwick. He therefore returns the within Notice Under PA.R.C.P. No 2958.1 of Judgment and Execution Thereon as not found as to the defendant Kim B. Thomas. The Carlisle Postmaster has advised the defendant is not known at address given. Per Richard C. Thomas husband, Kim B. Thomas is living in Middletown, PA they are seperated. An exact address is not available. SHERIFF COST: $54.80 August 10, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff SUSQUEHANNA BANK, Plaintiff vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. ~ ~ d~ ~- ~f ~~ G~~ ~ ~ -~ CIVIL ACTION -LAW NOTICE UNDER PA.R.C.P. N0.2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Richard C. Thomas Kim B. Thomas 155 Ken-Lin Drive Carlisle, PA 17013 A judgment in the amount of $1,005,150.39 has been entered against you and in favor of Susquehanna Bank, in the above captioned case 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 TT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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, PA 17013 (717) 249-3166 or (800) 990-9108 Date: June 12, 2009 McNEES WALLACE & NURICK LLC By: Clayton W. Davidson Attorney I.D. 79139 100 Fine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cavidson<a7mwn.com Attorneys for Plaintiff, Susquehanna Bank y _ V SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, ~~ N _ -r Defendants :CIVIL ACTION -LAW ~~ ~.~ PRAECIPE FOR A WRIT OF EXECUTION , r~ ._' ~~,~,. UPON A CONFESSED JUDGMENT -~' =~~' -~ '`-" ' ~, ,~ -~ ~-~, To the Prothonotary: ~- c~ ~, ~- _ Issue a writ of execution upon a judgment entered by confession in the above matter, caj ^„ (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Richard C. Thomas, 155 Ken-Lin Drive, Carlisle, Pennsylvania 17013 and (~~` k~--~ 'I'he~as, } }q West-1~4a~-Sheet;-1~4~ddle~fei~~-~--~~Tlv ~an~--? ?~~ a~ Pe ~ ~~o Defendants; and ~° ~~' ~ (3) against the following garnishee: (a) F.A.S.T. Partners, LP, 77 Kelly Drive, Carlisle, Pennsylvania 17013, Garnishee. and serve the accompanying Interrogatories to Garnishee upon each Garnishee at the addresses stated above; ® (4) ~ a4.so Pp ~-~ ~'I . So ~ ~7.5~ u ~.so '~ 109.30 - Po -~y and index this writ (a) against Richard C. Thomas as~a Y~~= T ~s~asS Defendants; and (b) against: F.A.S.T. Partners, LP, as Garnishee, (5) Principal: $ 999,999.31 Accrued Interest: 5,111.08 Late/Satisfaction Fees 40.00 Total: $1,005,150.39* ~a ~ ~~ *along with interest accruing at the per diem rate of $111.11 from and following ~ ~~ May 29, 2009 and reasonable attorney's fees incurred by the Bank until paid in full. ~~ IR~4oo ~1f a~IQ(RLv4 ~s ~. . . CERTIFICATION I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a Return of Service. McNEES WALLACE & NURICK LLC Date: October 7, 2010 By .~_ Clayton . Davi on PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a~mwn.com Attorneys for Susquehanna Bank WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4137 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, Plaintiff (s) From RICHARD C. THOMAS, 155 Ken-Lin Drive, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: F.A.S.T. PARTNERS, LP, 77 Kelly Drive, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,005,150.39 L.L.$.50 Interest -- $5,111.08 Atty's Comm % Due Prothy $2.00 Atty Paid $109.30 Other Costs* along with interest accuring at the per diem rate of $111.11 from and following 5/29/09 and reasonable attorney's fees incurred by the Bank until paid in full Plaintiff Paid Date: 10/14/10 (Seal) REQUESTING PARTY: Name CLAYTON W. DAVIDSON, ESQUIRE Address: McNEES WALLACE & NURICK, LLC 100 PINE STREET - PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-260-1678 Supreme Court ID No. 79139 D .Buell, Pro notary By: Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~,,,,,1r oT ku,nt~~,~,lz~ir~ Jody S Smith Chief Deputy ., `.~, Richard W Stewart Solicitor ~~~=~~F ~F `~~ -~Gat~~ Susquehanna Bank vs. Richard C. Thomas (et al.) Case Number 2009-4137 SHERIFF'S RETURN OF SERVICE 10/28/2010 11:30 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 28. 2010 at 1130 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Richard C. Thomas, in the hands, possession, or control of the within named garnishee, F.A.S.T. Partners at 77 Kelly Drive, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Joanne Ritrievi, Adult in Charge, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 29, 2010 to Richard C. Thomas at 155 Ken Lin Drive, Carlisle, PA 17015. SO ANSWERS, .~ ~~--- October 29, 2010 RON RAN RSON, SHERIFF William Cline, Deputy Y_3 ~`~ ~~ L~ ..~ 9 ~~q^'~ Z.a~.,, W C~ .. ~~ «. r~~ s C""7 r ~^-- .,.: 'W~ -..~ .~ ~ f .s ~ ~r7 '"~ Vic) CountySuite Shenff: T61[tcsOYt. Inc_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4137 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, Plaintiff (s) From RICHARD C. THOMAS, 155 KEN-LIN DRIVE, CARLISLE, PA 17013 AND KIM B. THOMAS, 114 WEST MAIN STREET, MIDDLETOWN, PA 17057 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: F.A.S.T. PARTNERS, LP, 77 KELLY DRIVE, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,005,150.39 Interest Atty's Comm % Atty Paid $219.69 Plaintiff Paid $ Date: 9/1/11 (Seal) L.L. Due Prothy $2.00 Other Costs laa4ca' L-11 David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name CLAYTON W. DAVIDSON, ESQUIRE Address: MCNEES WALLACE & NURICK LLC 100 PINE STREET P.O. BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-260-1678 Supreme Court ID No. 79139 ... /` SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS,_2 Plaintiff CUMBERLAND COUNTY, PENNSY4 SANTA vs. NO. 09-4137 Civil Term RICHARD C. THOMAS and ?! KIM B. THOMAS, Defendants CIVIL ACTION - LAW - 7. PRAECIPE FOR A WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Richard C. Thomas, 155 Ken-Lin Drive, Carlisle, Pennsylvania 17013 and Kim B. Thomas, 114 West Main Street, Middletown, Pennsylvania 17057, Defendants; and (3) against the following garnishee: (a) F.A.S.T. Partners, LP, 77 Kelly Drive, Carlisle, Pennsylvania 17013, Garnishee. and serve the accompanying Interrogatories to Garnishee upon each Garnishee at the addresses stated above; (4) and index this writ (a) against Richard C. Thomas and Kim B. Thomas, Defendants; and (b) against: F.A.S.T. Partners, LP, as Garnishee, (5) Principal: $ 999,999.31 Accrued Interest: 5,111.08 Late/Satisfaction Fees 40.00 Total: $1,005,150.39X *along with interest accruing at the per diem rate of $111.11 from and following May 29, 2009 and reasonable attorney's fees incurred by the Bank until paid in full. gay. so a s(4. so car- g&.3g u(( c?"l . !so 0" 2ays4s is C> la W 91 (A (41 C) L CERTIFICATION I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a Return of Service. McNEES WALLACE & NURICK LLC Date: August 31, 2011 By ----------- Clayton . Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson kmwn.com Attorneys for Susquehanna Bank SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA,_ ? VS. NO. 09-4137 Civil Term ?. = rrnn rM RICHARD C. THOMAS and cn r- tv ; KIM B. THOMAS, -< = CT' ` Defendants CIVIL ACTION - LAW <`) xe CD OF SERVICE, Z. I, Tey, of Mette, Evans & Woodside, hereby accept service of the Writ of Execution and Interrogatories to Garnishee filed in this matter on behalf of F.A.S.T. Partners, LP and certify that I am authorized to do so on its behalf. Respectfully Submitted, METTE, EVANS & WOODSIDE Date: September a, 2011 By Je'4?1, 3, e U, AeX,4? Z OA y T' squire J Attorney I.D. No. q(o aq 3401 North Front Street Harrisburg, PA 17110-0950 Phone: 717-232-5000 Fax: 717-236-1816 Attorneys for F.A. S. T Partners, LP SUSQUEHANNA BANK, Plaintiff vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4137 Civil Term : CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 To: F.A.S.T. Partners, LP, Garnishee YOU ARE NOTIFIED that on April _?(, 2012, the following judgment has been entered against you in the above-captioned case: Judgment for Plaintiff and against Garnishee, in the amount of $451,306.48, pursuant to admissions made in Garnishee's Supplemental Answers to Interrogatories. Date: April Lf , 2012 onotary I hereby certify that the name and address of the proper person to receive this Notice is: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date McNEES WALLACE & NURICK LLC April 3, 2012 By C1 on W. avidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson a,mwn.com Attorneys for Susquehanna Bank SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-4137 Civil Term RICHARD C. THOMAS and ,- KIM B. THOMAS, Defendants CIVIL ACTION - LAW :-M V PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE V) r To: Cumberland County Prothonotary M y ?? Pursuant to Pa.R.C.P. No. 3146(b)(1), please enter judgment in favor of Plaintifft; r Susquehanna Bank and against the Garnishee F.A.S.T. Partners, LP in the amount of $451,306.48 for the following property of Defendants Richard C. Thomas and Kim B. Thomas ("Defendants"): Any and all funds found in the accounts of Defendants, identified in the Supplemental Response to Interrogatories filed by F.A.S.T. Partners, LP, which are attached hereto as Exhibit "A" and incorporated herein by reference. Garnishee admitted in its Supplemental Response to Interrogatories that it is in possession of said property. Date: April 3, 2012 McNEES WALLACE & NURICK LLC By LLB / .?- Cl on W. D idson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsongmwn.com Attorneys for Susquehanna Bank OJU s 1 ?J 0-l(# aion a? P* X733&6 'Nola roo'to-6 ?J?? ??? SUSQUEHANNA BANK, Plaintiff V. RICHARD C. THOMAS and KIM B. THOMAS, Defendants F.A.S.T. PARTNERS, LP, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4137 Civil Term : CIVIL ACTION - LAW F.A.S.T. PARTNERS, LP'S SUPPLEMENTAL RESPONSE TO GARNISHEE INTERROGATORY NO. 1 Garnishee F.A.S.T. Partners, LP ("Respondent") by and through counsel, Mette, Evans & Woodside, submits the following Supplemental Response to Garnishee Interrogatory No. 1 as follows: RENEWAL OF GENERAL OBJECTIONS 1. Respondent renews each and every of the objections raised in F.A.S.T. Partners, LP to Plaintiff s Interrogatories to Garnishee served on October 12, 2011. 542933v1 SUPPLEMENTAL RESPONSE No. 1 1. a. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to Richard C. Thomas and/or Kim B. Thomas (the "defendant(s)") on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant any money or were liable to the defendant(s) for any reason? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. SUPPLEMENTAL RESPONSE: F.A.S.T. Partners owes Defendant Thomas the following money: Profits from Sale of "Lot 96": $221,331.001 Accrued Share of Partnership Distributions: $229,975.48 TOTAL: $451,306.48 The above funds are being held in an account at Wells Fargo Bank. As of the date of this Supplemental Response, the undistributed liquid assets of F.A.S.T. Partners L.P. totaled $397,574.45. In order for future distributions due to Defendant to be placed in the above-referenced account, a minimum balance of $10,000 must be maintained. 'A description and itemization of this amount is contained in the Answers of F.A.S.T. Partners, LP to Plaintiff's Interrogatories to Garnishee served on October 12, 2011. As To Responses: METTE, EVANS & WOODSIDE r>? By: Heather Z. Kelly, Esquire ' Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP Date: March 22, 2012 VERIFICATION I, LEWIS APPELBAUM, have read the foregoing document and verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the provisions of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities DATED: March 22, 2012 6'd 966 -Vg-ozg wneqleddy •1 d69:ZO ll OZ noN Clayton W. Davidson, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 f'- 1A ' ti'ff orneys r o am arc-L4 # rd - , -7 - 10P -33c? SUSQUEHANNA BANK, Plaintiff V. RICHARD C. THOMAS and KIM B. THOMAS, Defendants F.A.S.T. PARTNERS, LP, Garnishee ` -t f? i l11.31?1J IY?ii n I?IBE ?; A-iD C0UNl Y 003DQE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4137 Civil Term : CIVIL ACTION - LAW PARTIAL RELEASE OF LIEN WHEREAS, on , a judgment was entered in favor of Plaintiff and against Defendant in the Court of Common Pleas of Cumberland County, No. 09-4137 (the "Judgment"). WHEREAS, Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment") naming F.A.S.T. Partners, LP as garnishee (the "Garnisheee"). WHEREAS, Garnishee owns an interest in real property located at 1282 Summit Way, Mechanicsburg, Pennsylvania, more particularly described as Lot #42 of Hampden Summit, Phase II, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 89, page 83 (the "Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon, sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property; provided, however, that nothing herein contained shall affect such Judgment, Q &4 s R. Sol' a t CA 4/73 y Garnishment or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. IN WITNESS WHEREOF, I have executed this document this g d day of March, 2012. SUSQUEHANNA BANK, By: Robert Rahal Senior Vice President Fidelity File No. 12-1879 National Title InsuranoSfq A (Continued) LEGAL DESCRIPTION ALL THAT CERTAIN Unite, being Unit No. 42 (the "Unit"), of Hampden Summit, A Planned Community (the "Community"), such Community being located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Hampden Summit, A Planned Community and Declaration Plats, as amended (collectively the "Declaration"), together with any and all improvements thereto, as more particularly bound and described as follows, to wit: Beginning at a point on the northern right-of-way line of Summit Way, that is located at the southwestern corner of Lot #43; thence along the northern right-of-way line of Summit Way on a curve to the left having a radius of 405.00 feet with an arc length of 89.79 feet; thence continueing along same, South 74 degrees 42 minutes 11 seconds West, a distance of 10.00 feet to a point; thence North 70 degrees 17 minutes 51 seconds East, a distance of 129.92 feet to a point being the northwestern corner of Lot#43; thence along the western line of Lot #43, South 02 degrees 35 minutes 37 seconds East, a distance of 138.60 feet to a point on the northern right-of-way line of Summit Way; the place of Beginning. Containing 14,119 sq. ft. or 0.32 acre having and address of 1282 Summit Way, Mechanicsburg, Pennsylvania 17050. Being Lot #42 Plan of Hampden Summit, Phase II, recorded in Plan Book 89, Page 83. Being Part of the Same Premises which Ray M. Souder a/k/a Ray M. Souder, Sr., and Fay E. Souder by Deed dated July 9, 2003, and recorded July 10, 2003, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 258, Page 224, granted and conveyed unto F.A.S.T. Partners, L.P. a Pennsylvania Limited Partnership, the Grantor herein. ALTA Commitment Schedule A (Continued) SUSQUEHANNA BANK, Plaintiff V. RICHARD C. THOMAS and KIM B. THOMAS, Defendants F.A.S.T. PARTNERS, LP, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4137 Civil Term N > cz) m? - CIVIL ACTION - LAW WHEREAS, on d / a judgment was entered in favor of Plaintiff and against Defendant in the Court of Common Pleas of Cumberland County, No. 09-4137 (the "Judgment") WHEREAS, Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment") naming F.A.S.T. Partners, LP as garnishee (the "Garnishees"). WHEREAS, Garnishee owns an interest in real property located at 1401 Summit Way, Mechanicsburg, Pennsylvania, more particularly described as Lot 473 of Hampden Summit, Phase IV, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 94, page 52 (the "Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon, sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property; provided, however, that nothing herein contained shall affect such Judgment, Garnislunent or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. IN WITNESS WHEREOF, I have executed this document this 71a day of June, 2012, SUSQUEHANNA BANK, By: Robert Rahal Senior Vice President EXHIBIT "A" ALL THAT CERTAIN Unit, being Unit No. 73 (the "Unit"), of Hampden Summit, A Planned Community (the "Community"), such Community being located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Hampden Summit, A Planned Community and Declaration Plats, as amended (collectively the "Declaration"), together with any and all improvements thereto, as more particularly bound and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Summit Way (50' wide) at the southwest comer of Lot 74 of the hereinafter referenced Plan; thence along the northern line of Lot 74, South 86 degrees 26 minutes 19 seconds East, a distance of 140.33 feet to a point at the southeast corner of Lot 74 on said Plan; thence along the western line of Lot 84, South 00 degrees 49 minutes 51 seconds East, a distance of 86.96 feet to a point at the northeast corner of Lot 72 on said Plan; thence along the northern line of Lot 72, South 75 degrees 18 minutes 58 seconds West, a distance of 133.06 feet to a point on the eastern right-of-way of Summit Way; thence along Summit Way by a curve to the right having a radius of 410:00 feet and an arc length of 46.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 410.00 feet and an arc length of 130.56 feet to a point, the point and place of BEGINNING. CONTAINING 15,074 sq. ft. or 0.35 acre having an address of 1401 Summit Way, Mechanicsburg, Pennsylvania 17050. ALSO BEING Lot 73 as shown on the plan entitled, "Final Subdivision Plan for Hampden Summit Phase 4", prepared by R. J. Fisher and Associates, Inc., recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 94, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. ALSO UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and all amendments thereto; to any and all covenants, conditions, rights-of-way; and to matters of record or that which a physical inspection or survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee=s heirs, personal representatives, successors and assigns, by the acceptance of this deed, covenants and agrees to pay such charges for maintenance, repair, replacement and other expenses in connection with the Common Elements, as may be assessed against him, her, them, it, or against the said Unit, from time to time by the Executive Board of Hampden Summit Homeowners Association in accordance with the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. §5101 et. Seq. (the "Act"), and further covenants and agrees that the Unit conveyed by this deed shall be subject to a lien for all amounts so assessed, except insofar as §5407(c) of the Act may relieve a subsequent unit owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. SUSQUEHANNA BANK, Plaintiff V. RICHARD C. THOMAS and KIM B. THOMAS, Defendants F.A.S.T. PARTNERS, LP, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -> NO. 09-4137 Civil Term N CIVIL ACTION - LAW PARTIAL RELY OF LIEN WHEREAS, on 4_T_' a judgment was entered in favor of Plaintiff and against Defendant in. the Court of Common Pleas of Cumberland County, No, 09-4137 (the "Judgment"). WHEREAS, Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment") naming F.A.S.T. Partners, LP as garnishee (the "Garnisheee"). WHEREAS, Garnishee owns an interest in real property located at 1429 Summit Way, Mechanicsburg, Pennsylvania, more particularly described as Lot #83 of Hampden Summit, Phase 1.V, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 94, page 52 (the "Property") NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon, sell or dispose of, claim or demand the Property, in. or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property; provided, however, that nothing herein contained shall affect such. Judgment, 1-6 4 13% r-d9/ RV p 700 Garnishment or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. IN WITNESS WHEREOF, I have executed this document this ?i day of June, 2012. SUSQUEHANNA BANK, By: Robert Rahal? Senior Vice President EXHIBIT "A" ALL THAT CERTAIN Unit, being Unit No. 83 (the "Unit"), of Hampden Summit, A Planned Community (the "Community"), such Community being located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Hampden Summit, A Planned Community and Declaration Plats, as amended (collectively the "Declaration"), together with any and all improvements thereto, as more particularly bound and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Summit Way (50' wide) at the southwest corner of Lot 82 of the hereinafter referenced Plan; thence along the western line of Lot 82, North 52 degrees 29 minutes 35 seconds West, a distance of 142.12 to a point at the northwest comer of Lot 82 on said Plan; thence along the southern line of Lot 76, South 44 degrees 02 minutes 57 seconds West, a distance of 14.06 feet to a point at the southeast corner of Lot 75 on said Plan; thence along the southern line of Lot 75, South 34 degrees 47 minutes 05 seconds West, a distance of 87.96 feet to a point along the eastern line of Lot 74 and the northwest corner of Lot 84 on said Plan; thence along the northern line of Lot 84, South 77 degrees 41 minutes 55 second East, a distance of 159.78 feet to a point the northern right-of-way of Summit Way; thence along Summit Way by a curve to the right having a radius of 215.00 feet and an are length of 94.5 8 feet to a point, the point and place of BEGINNING. CONTAINING 19,144 sq. ft. or 0.44 acre. ALSO BEING Lot 83 as shown on the plan entitled, "Final Subdivision Plan for Hampden Summit Phase 4", prepared by R. J. Fisher and Associates, Inc., recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 94, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. ALSO UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and all amendments thereto; to any and all covenants, conditions, rights-of-way; and to matters of record or that which a physical inspection or survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee=s heirs, personal representatives, successors and assigns, by the acceptance of this deed, covenants and agrees to pay such charges for maintenance, repair, replacement and other expenses in connection with the Common Elements, as may be assessed against him, her, them, it, or against the said Unit, from time to time by the Executive Board of Hampden Summit Homeowners Association in accordance with the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. §5101 et. Seq. (the "Act"), and further covenants and agrees that the Unit conveyed by this deed shall be subject to a lien for all amounts so assessed, except insofar as §5407(c) of the Act may relieve a subsequent unit owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. SUSQUEHANNA BANK, Plaintiff V. RICHARD C. THOMAS and KIM B. THOMAS, Defendants F.A,S.T. PARTNERS, LP, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G NO. 09-4137 Civil Term =7 tom' CIVIL ACTION - LAW PARTIAL RELEASE OF LIEN Z.t-- cn r?+ . w c -T? rD ' a WHEREAS, on N y •)°(?-a judgment was entered in favor of Plaintiff and against Defendant in the Court of Common Pleas of Cumberland County, No. 09-4137 (the ".Judgment") WHEREAS, Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment") naming F.A.S.T. Partners, LP as garnishee (the "Garnisheee"). WHEREAS, Garnishee owns an interest in. real property located at 1423 Summit Way, Mechanicsburg, Pennsylvania, more particularly described as Lot 480 of Hampden Summit, Phase IV, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 94, page 52 (the "Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon, sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property; provided, however, that nothing herein contained shall affect such Judgment, ??rac7? P--"'0 7 I! Garnishment or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. IN WITNESS WHEREOF, I have executed this document this 7!? day of June, 2012. SUSQUEHANNA BANK, By: Robert Rahal Senior Vice President SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, r^=- r n Defendants CIVIL ACTION - LAW r".. C, CD PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE r TO: Cumberland County Prothonotary =C) Pursuant to Pa.R.C.P.No. 3146(b)(1),please enter judgment in favor of Plaintiff, Susquehanna Bank and against the Garnishee,F.A.S.T Partners, LP in the amount of$257,612.38 for the following property of Richard C. Thomas and Kim B. Thomas ("Defendants"): Any and all funds found in the accounts of Defendants, identified in the Answers to Interrogatories filed by F.A.S.T Partners, LP, which are attached hereto as Exhibit"A" and incorporated herein by reference. Garnishee admitted in its Answers to Interrogatories that it is in possession of said property. McNEES WALLACE &NURICK LLC Date: May 9, 2013 By Clayton W. avidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonkmwn.corn Attorneys for Susquehanna Bank a .� 11a.SD�c� of IVA Q, � �J ,.r i f' J NORM SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. RICHARD C. THOMAS and KIM B. THOMAS, NO. 09-4137 Civil Term Defendants F.A.S.T. PARTNERS, LP, Garnishee CIVIL ACTION -LAW ANSWERS OF F.A.S.T. PARTNERS,LP TO PLAINTIFF'S INTERROGATORIES TO GARNISHEE Garnishee F.A.S.T. Partners, LP ("Respondent")by and through counsel, Mette, Evans & Woodside,submits the following Answers and Objections to the Interrogatories to Garnishee ("Interrogatories") as follows: GENERAL OBJECTIONS 1. Respondent objects to the Interrogatories to the extent that they seek to expand or modify the requirements for responses to discovery requests set forth in the Pennsylvania Rules of Civil Procedure. Respondent will respond to the Interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. 2. Respondent objects to the Interrogatories to the extent that they are overly broad, unduly burdensome, immaterial, excessive in number,duplicative, and/or will cause unnecessary i or unreasonable expense. 3. Respondent objects to the Interrogatories to the extent they call for information that is not relevant and/or,not reasonably calculated to lead to the discovery of admissible evidence. 4. Respondent objects to the Interrogatories to the extent that they call for information known only to Plaintiff or others at this time. 5. Respondent objects to the Interrogatories to the extent that they call for information already known to Plaintiff or available to Plaintiff from sources that are equally accessible to Plaintiff and Respondent or from sources other than Respondent from whom such information reasonably should be requested, or to the extent they require Respondent to make any unnecessary or unreasonable investigation. 6. Respondent objects to the Interrogatories to the extent that they seek disclosure of information protected by the attorney/client privilege or attorney/work product doctrine, or that call for the mental impressions of Respondent, its counsel, or its representatives about the merits or strategy of this case. 7. Respondent objects to the Interrogatories to the extent that they or Respondent's responses to them may be construed as an admission by Respondent that any fact or circumstance alleged by Plaintiff in the Interrogatories occurred or existed, or that Respondent's responses may be construed as an agreement or concurrence by Respondent with Plaintiff's characterization of the facts and circumstances pertinent to this action. . 8. Respondent objects to the Interrogatories to the extent that they call for confidential or proprietary business information. 2 9. Respondent objects to the Interrogatories to the extent that they call for legal conclusions, or for discussion that is properly the subject of briefing at a later stage of the proceedings, or for information that.can be obtained only through completion of all discovery, or for information that is properly the subject of an expert report. 10. Respondent objects to the Interrogatories to the extent that they call for a counterstatement of facts already set forth in the pleadings or have otherwise been admitted by the parties. 11. Respondent objects to the Interrogatories to the extent that they are so vague or ambiguous as to preclude a reasoned response or interpretation, or are argumentative in nature. 12. Respondent objects to the Interrogatories to the extent that they do not identify a time limit or time frame for reference in responding to them. 13. Respondent's answers are based upon its understanding of the discovery requests and upon the information reasonably available to Respondent as of the date of these answers. I These responses to discovery are those of Respondent and do not purport to be the responses of any other person or entity. These General Objections are incorporated into each and every one of Respondent's responses set forth below,whether specifically stated or not,and are not waived nor in any way limited by any response to any specific request. Respondent reserves the right to seasonably I amend or supplement these responses at any time additional information may become available. Subject to the General Objections, comments, qualifications and any specific objections, comments and qualifications stated herein, Respondent submits the following responses to the Interrogatories. 3 I ANSWERS 1. a. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to Richard C. Thomas and/or Kim B. Thomas (the "defendant(s)")the defendant(s) on any negotiable or other written instrument, or did the defendant(s)claim that you owed the defendant any money or were liable to the defendant(s)for any reason? If so, explain in detail including,without limitation,the names and addresses of all persons or entities taking part in any transaction,the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. RESPONSE; All Responses of Garnishee to prior Interrogatories submitted by Plaintiff are incorporated herein by reference. F.A.S.T. Partners maintains an account containing Thomas's accrued share of partnership distributions which account has a current balance of$267,612.38. In order for future distributions due to Thomas to continue to be placed in the above-referenced account,a minimum balance of$10,000 must be maintained. b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data,describe each in exact detail(or attach a copy of each). I N/A 4 2. . a. At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joint possession, custody,or control of yourself or one or more other persons any property of any nature owned solely or in part by the defendant(s)? If so, explain in detail including,without limitation,the names and addresses of all persons or entities taking part in any transaction,the specific amount of any debt,the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 5 3. a. At any time you were served or at any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the defendant(s) or in which defendant(s)held or claimed any interest? If so, explain in detail including,without limitation, the names and addresses of all persons or entities taking part in any transaction,the specific amount of any debt,the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 6 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s)had an interest? If so, explain in detail including,without limitation,the names and addresses of all persons or entities taking part in any transaction,the specific amount of any debt,the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A i 7 5. a. At any time before or after you were served,did the defendant(s) transfer or deliver any property of any nature to you or to any person, entity or place pursuant to your direction or consent? If so,explain in detail including, without limitation,the names and addresses of all persons or entities taking part in any transaction,the specific amount of any debt, the value and location of any property and the'amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 8 6. a, At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant(s) or to any person, entity or place pursuant to the direction of, or any undertaking for or for the account of,the defendant(s),or otherwise discharge any claim of the defendant against you? If so,explain in detail including,without limitation,the names and addresses of all persons or entities taking part in any transaction,the specific amount of any debt,the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A I 9 7. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s)have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds. that upon deposit are exempt from execution, levy,or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption,the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail(or attach a copy of each). N/A 10 8. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s)have funds on deposit in an account in which the funds on deposit,not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa. C.S. § 8123? If so,identify each account. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A As To Responses: METTE, EVANS &WOODSIDE By: Heather Z. Kelly, uire- Attorney I.D.No. 86291 Mette,Evans&Woodside 3401 North Front Street P.O. Box 5950 Harrisburg,PA 17110-0950 Telephone: (717)232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP Date: April 29, 2013 11 ' Feb 08 12 07:33p L. Appelbaum 520-544-3118 p.2 VERWICATION 1,LEWIS APPELBAfJK have read the foregoing document and Yed-Cy that the,facts set forth theTein are true and con-ect to the best of my knowledge,information and belief I understand thatany false statements made herein am subject to.the provisions of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. DATED: Match .2013 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage,prepaid, as follows: Clayton W. Davidson,Esquire McNees, Wallace&Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg,PA 17108-1166 METTE,EVANS &WOODSIDE By: Heather Z. Kelly, squire Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg,PA 17110-0950 Telephone: (717)232-5000 Attorneys for Garnishee F.A.S.T. Partners,LP Date: April 29, 2013 i 640709v] 13 r SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 TO: F.A.S.T. Partners, LP, Garnishee YOU ARE NOTIFIED that May 13, 2013,the following judgment has been entered against you in the above-captioned case: Judgment for Plaintiff and against Garnishee, in the amount of$257,612.38, pursuant to admissions made in Garnishee's Answers to Interrogatories. Date: May 2013 Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 McNEES WALLACE &NURICK LLC Date: May 9, 2013 By Clayton W. Davidson Attorney I.D. 79139 100 Pine Street- P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonAmwn.com Attorneys for Susquehanna Bank SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-4137 Civil Term RICHARD C. THOMAS and t KIM B. THOMAS, -- x Defendants : CIVIL ACTION - LAW ca rs — ca 57 PRAECIPE TO SATISFY JUDGMENT, DISCONTINUE ACTIO S AND DISSOLVE ALL WRITS AGAINST GARNISHEE --- TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please mark the judgment entered in the above captioned case as satisfied, discontinue the action with prejudice and dissolve any and all writs against the Garnishee, F.A.S.T. Partners, LP. McNEES WALLACE &NURICK LLC Date: June 11, 2013 By Clayt n W. avidson Attorney I.D. 79139 100 Pine Street- P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson @mwn.com Attorneys for Susquehanna Bank $9. s'd t944,i C 4 .,Z329S .a9/8y?5 • CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the foregoing Praecipe was served by first class, U.S. Mail upon the following: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: June 11, 2013 Keata 4/(70 Katie Waters Paralegal SUSQUEHANNA BANK, I.N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. RICHARD C. THOMAS NO. 09-4137 Civil Term `tY3 rr, and KIM B. THOMAS z C i r.. Defendants �2{ _ " fir= rA O. ::0�; F.A.S.T.PARTNERS, LP, Garnishee CIVIL ACTION - LAW Z ,r; i CM -; --C -r-- . -,;71 PARTIAL RELEASE OF LIEN WHEREAS, on April 4, 2012„a judgment was entered in favor of Plaintiff and against Defendant in the Court of Common Pleas of Cumberland. County, No. 09-41.37(the "Judgment"). WHEREAS,Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment" naming F.A.S.T. Partners,LP as garnishee (the "Garnishee"). WHEREAS, Garnishee owns an interest in real property , more particularly described as Lot #84 of.Hampden Summit, Phase IV,Hampden Township, Mechanicsburg, Cumberland County,Pennsylvania recorded in the Cumberland County Recorder of Deeds Office in Plan Book 94, page 52 (the "Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon.,sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property;provided, however, that nothing herein contained shall affect such Judgment; Garnishment or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. 0 0 as a S IN WITNESS WHEREOF, I have executed this document this ! day of �` Afy , 2013. SUSQUEHANNA BANK, -'o By: Robert Rahal Senior Vice President EXHIBIT "A" ALL THAT CERTAIN Unit, being Unit No. 84 (the "Unit"), of Hampden Summit, A Planned Community(the"Community"), such Community being located in Hampden Township, -Cumberland County., Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Hampden Summit, A Planned Community and Declaration Plats, as amended (collectively the "Declaration"), together with any and all improvements thereto, as more particularly bound and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Summit Way (50' wide) at the northeast corner of Lot 85 of the hereinafter referenced Plan; thence along the northern line of Lot 85., South 77 degrees 50 minutes 27 seconds West, a distance of 136.25 feet to a point at the northwest corner of Lot 85 and a point along the eastern line of Lot 72, Phase 3 Hampden Summit; thence along the eastern line of Lot 72,North 29 degrees 59 minutes 15 seconds West, a distance of 57.38 feet to the southeast corner of Lot 73, Phase 4 Hampden Summit; thence along eastern line of Lot 73, North 00 degrees 49 minutes 51 seconds West, a distance of 86.96 feet to a point being the northeast corner of Lot 73 and the southeast corner of Lot 74; thence along the eastern line of Lot 74, North 22 degrees 32 minutes 06 seconds East, a distance of 18.61 feet to a point being the southwest corner of Lot 83; thence along the southern line of Lot 83, South 77 degrees 41 minutes 55 seconds East, a distance of 159..78 feet to a point along the western right-of-way line of Summit Way; thence along Summit Way., by a curve to the left having a radius of 215.00 feet and an arc length of 91.79 feet to a point, the point and place of BEGINNING. BEING Lot 84 as shown on the plan entitled, "Final Subdivision Plan for Hampden Summit Phase 4", prepared by R. J. Fisher and Associates, Inc., recorded in the Office of the Recorder of Deeds for Cumberland County,Pennsylvania in Plan Book 94,Page 52. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. ALSO UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and all amendments thereto;to any and all covenants, conditions,rights-of-way; and to matters of record or that which a physical inspection or survey of the Unit and Common Elements would disclose. THE GRANTEE, .for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this deed, covenants and agrees to pay such charges for maintenance, repair, replacement and other expenses in connection with the Common Elements, as may be assessed against him, her, them, it, or against the said Unit, from time to time by the Executive Board of Hampden Summit Homeowners Association in accordance with the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. §5101 et. Seq. (the "Act"), and further covenants and agrees that the Unit conveyed by this deed shall be subject to alien for all amounts so assessed, except insofar as §5407(c) of the Act may relieve a subsequent unit owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,:PENNSYLVANIA V. RICHARD C. THOMAS NO. 09-4137 Civil. Term and KIM B.THOMAS, mca C— i4. Defendants �� r C:) c, F.A.S.T. PARTNERS, LP, Garnishee CIVIL ACTION - LAW T> cn PARTIAL RELEASE OF LIEN WHEREAS, on April 4, 2012„a judgment was entered in favor of Plaintiff and against Defendant in the Court of Common Pleas of Cumberland County, No. 09-4137 (the "Judgment"). WHEREAS,Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment"naming F.A.S.T. Partners,LP as garnishee (the"Garnishee"). WHEREAS, Garnishee owns an interest in real property , more particularly described as Lot #95 of Hampden Summit, Phase 1, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania recorded in the Cumberland County Recorder of Deeds Office in Plan Book 87, page 79 (the"Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon.,sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property;provided, however, that nothing herein contained shall affect such Judgment, Garnishment or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. q o q0/ d6 IN WITNESS WHEREOF, I have executed this document this 7--3 day of 2013. SUSQUEHANNA BANK, By Robert Rahal Senior Vice President SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. C—_ RICHARD C. THOMAS NO. 09-4137 Civil Term and KIM B.THOMAS, Defendants ��-- 3> W `� F.A.S.T.PARTNERS, LP, N) Garnishee CIVIL ACTION - LAW PARTIAL RELEASE OF LIEN WHEREAS, on April 4, 2012„a judgment was entered in favor of Plaintiff and against Defendant _in the Court of Common Pleas of Cumberland County, No. 09-4137 (the "Judgment"). WHEREAS,Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment"naming F.A.S.T. Partners,LP as garnishee (the"Garnishee"). WHEREAS, Garnishee owns an interest in real property , more particularly described as Lot #79 of Hampden Summit, Phase IV,Hampden Township,Mechanicsburg, Cumberland County, Pennsylvania recorded in the Cumberland County Recorder of Deeds Office in Plan Book 94, page 52 (the"Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon.,sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property;provided, however, that nothing herein contained shall affect such Judgment, Garnishment or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. Op -/ �j7d 49-s C�#/tjz83� IN WITNESS WHEREOF, I have executed this document this f day of 2013. SUSQUEHANNA BANK, By:Robert Rahal Senior Vice President SUSQUEHANNA BANK., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. Th- RICHARD C. THOMAS NO. 09-41 37 Civil Term , and KIM B.THOMAS, sue- a Cc Defendants `1)� . ` `- F.A.S.T.PARTNERS, LP, Garnishee CIVIL ACTION - LAW PARTIAL RELEASE OF LIEN WHEREAS, on ,,a judgment was entered in favor of Plaintiff and against Defendant in the Court of Common Pleas of Cumberland County, No. 09-4137(the "Judgment"). WHEREAS,Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment"naming F.A.S.T. Partners,LP as garnishee (the"Garnishee"). WHEREAS, Garnishee owns an interest in real property located at Lot 48 Skyview Court,Mechanicsburg, Pennsylvania, more particularly described as Lot#48 of Hampden Summit, Phase II,recorded in the Cumberland County Recorder of Deeds Office in Plan Book 89, page 83 (the"Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon.,sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property;provided, however, that nothing herein contained shall affect such Judgment, Garnishment or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. cords fr ck'4 /93 3f/ £ 1•'42-94 Yom' IN WITNESS WHEREOF, I have executed this document this 71( day of , 2013. SUSQUEHANNA BANK, By:Robert Rahal Senior Vice President SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants CIVIL ACTION - LAW ': PRAECIPE FOR A WRIT OF EXECUTION - UPON A CONFESSED JUDGMENT _. To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Richard C. Thomas, 155 Ken-Lin Drive, Carlisle, Pennsylvania 17013, Defendant; and (3) against F.A.S.T. Partners, LP, 77 Kelly Drive, Carlisle, Pennsylvania 17013, Garnishee; (4) and enter this writ in the judgment index (a) against Richard C. Thomas, Defendant; and (b) against F.A.S.T. Partners,LP, as Garnishee, against all personal property of the Defendant in the name of the Garnishee (5) Principal: $ 301,080.93 Accrued Interest: 149,487.03 Late Fees 511.11 Other Charges 65,689.70 Total: $ 516,768.77* *along with interest accruing at the per diem rate of$33.45343 from and following October 28, 2013 and reasonable attorney's fees incurred by the Bank until paid in full. elk SO t �-� S o�� `► �� `` ` . E q a.t� Sam J � CERTIFICATION I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a Return of Service. McNEES WALLACE &NURICK LLC Date: October 28, 2013 By •�—� Clayfon W.Pavidson PA Attorney I.D. No. 79139 McNees Wallace &Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(2cmwn.com Attorneys for Susquehanna Bank WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2009-4137 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK,Plaintiff(s) From RICHARD C. THOMAS AND KIM B.THOMAS, 155 KEN-LIN DRIVE,CARLISLE,PA 17013 (1) You are directed to levy upon the property of the defendant(s)and to sell RICHARD C.THOMAS, 155 KEN-LIN DRIVE,CARLISLE,PA 17013 (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: F.A.S.T. PARTNERS,LP,77 KELLY DRIVE,CARLISLE,PA 17013 and to notify the gamishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$301,080.93 Plaintiff Paid$ Interest$149,487.03 Attorney's Comm. % Law Library$.50 Attorney Paid$41S.19 Due Prothonotary$2.25 Other Costs$65,689.70-LATE FEES$511.11 Date: 10/29/2013 I David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : CLAYTON W. DAVIDSON,ESQUIRE Address: MCNEES,WALLACE,&NURICK LLC 100 PINE STREET,P.O. BOX 1166 HARRISBURG,PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 79139 SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-4137 Civil Term RICHARD C. THOMAS and 4� KIM B. THOMAS, Defendants : CIVIL ACTION - LAW -0:»:-; r I U) ACCEPTANCE OF SERVICE I, Heather Z. Kelly, of Mette, Evans & Woodside, hereby accept service of the V +it q Execution and Interrogatories to Garnishee filed in this matter on behalf of F.A.S.T. Partners, LP and certify that I am authorized to do so on its behalf. Respectfully Submitted, METTE, EVANS & WOODSIDE Date: November , 2013 By 6 Heather Z. Kel Esquire Attorney I.D. No. 86291 3401 North Front Street Y ai°ii bwg, i A 17110-0950 Phone: 717-232-5000 Fax: 717-236-1816 Attorneys for F.A.S.T Partners, LP SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C) VS. NO. 09-4137 Civil Term RICHARD C. THOMAS and Z KIM B. THOMAS, can , Defendants CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE v —' w TO: Cumberland County Prothonotary Pursuant to Pa.R.C.P.No. 3146(b)(1),please enter judgment in favor of Plaintiff, Susquehanna Bank and against the Garnishee,F.A.S.T Partners,LP in the amount of$139,000.00 for the following property of Richard C. Thomas and Kim B. Thomas ("Defendants"): Any and all funds found in the accounts of Defendants, identified in the Answers to Interrogatories filed by F.A.S.T Partners, LP, which are attached hereto as Exhibit"A" and incorporated herein by reference. Garnishee admitted in its Answers to Interrogatories that it is in possession of said property. McNEES WALLACE &NURICK LLC Date: December 9, 2013 By Clayton W. D idson Attorney I.D. 79139 100 Pine Street- P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Susquehanna Bank S a� �� a ✓� 1 J � Exhibit A SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD C. THOMAS and KIM B. THOMAS, NO. 09-4137 Civil Term Defendants F.A.S.T. PARTNERS, LP, Garnishee CIVIL ACTION - LAW ANSWERS OF F.A.S.T. PARTNERS, LP TO PLAINTIFF'S INTERROGATORIES TO GARNISHEE Garnishee F.A.S.T. Partners, LP ("Respondent") by and through counsel, Mette, Evans & Woodside, submits the following Answers and Objections to the Interrogatories to Garnishee ("Interrogatories") as follows: GENERAL OBJECTIONS 1. Respondent objects to the Interrogatories to the extent that they seek to expand or modify the requirements for responses to discovery requests set forth in the Pennsylvania Rules of Civil Procedure. Respondent will respond to the Interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. 2. Respondent objects to the Interrogatories to the extent that they are overly broad, unduly burdensome, immaterial, excessive in number, duplicative, and/or will cause unnecessary or unreasonable expense. 3. Respondent objects to the Interrogatories to the extent they call for information that is not relevant and/or not reasonably calculated to lead to the discovery of admissible evidence. 4. Respondent objects to the Interrogatories to the extent that they call for information known only to Plaintiff or others at this time. 5. Respondent objects to the Interrogatories to the extent that they call for information already known to Plaintiff or available to Plaintiff from sources that are equally accessible to Plaintiff and Respondent or from sources other than Respondent from whom such information reasonably should be requested, or to the extent they require Respondent to make any unnecessary or unreasonable investigation. 6. Respondent objects to the Interrogatories to the extent that they seek disclosure of information protected by the attorney/client privilege or attorney/work product doctrine, or that call for the mental impressions of Respondent, its counsel, or its representatives about the merits or strategy of this case. 7. Respondent objects to the Interrogatories to the extent that they or Respondent's responses to them may be construed as an admission by Respondent that any fact or circumstance alleged by Plaintiff in the Interrogatories occurred or existed, or that Respondent's responses may be construed as an agreement or concurrence by Respondent with Plaintiff s characterization of the facts and circumstances pertinent to this action. 8. Respondent objects to the Interrogatories to the extent that they call for confidential or proprietary business information. 2 9. Respondent objects to the Interrogatories to the extent that they call for legal conclusions, or for discussion that is properly the subject of briefing at a later stage of the proceedings, or for information that can be obtained only through completion of all discovery, or for information that is properly the subject of an expert report. 10. Respondent objects to the Interrogatories to the extent that they call for a counterstatement of facts already set forth in the pleadings or have otherwise been admitted by the parties. 11. Respondent objects to the Interrogatories to the extent that they are so vague or ambiguous as to preclude a reasoned response or interpretation, or are argumentative in nature. 12. Respondent objects to the Interrogatories to the extent that they do not identify a time limit or time frame for reference in responding to them. 13. Respondent's answers are based upon its understanding of the discovery requests and upon the information reasonably available to Respondent as of the date of these answers. These responses to discovery are those of Respondent and do not purport to be the responses of any other person or entity. These General Objections are incorporated into each and every one of Respondent's responses set forth below, whether specifically stated or not, and are not waived nor in any way limited by any response to any specific request. Respondent reserves the right to seasonably amend or supplement these responses at any time additional information may become available. Subject to the General Objections, comments, qualifications and any specific objections, comments and qualifications stated herein, Respondent submits the following responses to the Interrogatories. 3 ANSWERS 1. a. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to Richard C. Thomas and/or Kim B. Thomas (the "defendant(s)") the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant any money or were liable to the defendant(s) for any reason? If so, explain in detail including, without limitation,the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. RESPONSE: All Responses of Garnishee to prior Interrogatories submitted by Plaintiff are incorporated herein by reference. F.A.S.T. Partners maintains an account containing Thomas's accrued share of partnership distributions which account has a current balance of$149,796.36. In order for future distributions due to Thomas to continue to be placed in the above-referenced account, a minimum balance of$10,000 must be maintained. b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of each). N/A 4 2. a. At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joint possession, custody, or control of yourself or one or more other persons any property of any nature owned solely or in part by the defendant(s)? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 5 3. a. At any time you were served or at any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest`' If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 6 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s)had an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction,the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 7 5. a. At any time before or after you were served, did the defendant(s) transfer or deliver any property of any nature to you or to any person, entity or place pursuant to your direction or consent? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 8 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant(s) or to any person, entity or place pursuant to the direction of, or any undertaking for or for the account of, the defendant(s), or otherwise discharge any claim of: the defendant against you? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 9 7. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy, or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 10 8. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa. C.S. § 8123? If so, identify each account. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A As To Responses: METTE, EVANS & WOODSIDE By: Heather Z. Kelly, Esquire Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP Date: December 2, 2013 11 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Clayton W. Davidson, Esquire McNees, Wallace &Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 METTE, EVANS & WOODSIDE Heather Z. Ke y, Esquire Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP Date: December 2, 2013 684484v1 13 SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 TO: F.A.S.T. Partners,LP, Garnishee YOU ARE NOTIFIED that December I , 2013, the following judgment has been entered against you in the above-captioned case: Judgment for Plaintiff and against Garnishee, in the amount of$139,000.00, pursuant to admissions made in Garnishee's Apswers to Interrogatories. Date: December , 2013 Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 McNEES WALLACE &NURICK LLC Date: December 9, 2013 By. ClaytA W. David n Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(j,mwn.com Attorneys for Susquehanna Bank SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA v. RICHARD C. THOMAS NO. 09-4137 Civil Term • and KIM B.THOMAS, "'w - Defendants =rte, !w' F.A.S.T. PARTNERS, LP, Garnishee CIVIL ACTION - LAW r -a4 PARTIAL RELEASE OF LIEN -t `- WHEREAS, on a judgment was entered in favor of Plaintiff and against Defendant in the Court of Common Pleas of Cumberland County, No. 09-4137 (the "Judgment"). WHEREAS,Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment"naming F.A.S.T. Partners,LP as garnishee (the"Garnishee"). WHEREAS, Garnishee owns an interest in real property located at Lot 92 Summit Court,Mechanicsburg, Pennsylvania, more particularly described as Lot #92 of Hampden Summit, Phase II, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 89, page 83 (the "Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon.,sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property; provided, however, that nothing herein contained shall affect such Judgment, Garnishment or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. 9.sr0 Pj 54447 a4iy44oya , ' 36,Jam' IN WITNESS WHEREOF, I have executed this document this day of '.1-`) vim"/ , 2014. SUSQUEHANNA BANK, By: Robert Rahal Senior Vice President SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, s Defendants CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT DISCONTINUE ACTION`�< i"' a '� AND DISSOLVE ALL WRITS AGAINST GARNISHEE _. v TO: THE PROTHONOTARY OF CUMBERLAND COUNTY . Please mark the judgment entered in the above captioned case as satisfied, discontinue the action with prejudice and dissolve any and all writs against the Garnishee, F.A.S.T. Partners, LP. McNEES WALLACE &NURICK LLC Date: January 10, 2014 By Cla W. Dav' on Attorney I.D. 7 139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsongamwn.com Attorneys for Susquehanna Bank Pkl�il s� Jot C4, ff 7 � 7�,opySO CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the foregoing Praecipe was served by first class, U.S. Mail upon the following: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: January 10, 2014 Clayton W. Wvidson SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants CIVIL ACTION - LAW , �mm PRAECIPE FOR A WRIT OF EXECUTION m rT rn UPON A CONFESSED JUDGMENT To the Prothonotary: < » Issue a writ of execution upon a judgment entered by confession in the abovemitr, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Richard C. Thomas, 155 Ken-Lin Drive, Carlisle, Pennsylvania 17013, Defendant; and (3) against F.A.S.T. Partners, LP, 77 Kelly Drive, Carlisle, Pennsylvania 17013, Garnishee; (4) and enter this writ in the judgment index (a) against Richard C. Thomas, Defendant; and (b) against F.A.S.T. Partners,LP, as Garnishee, against all personal property of the Defendant in the name of the Garnishee (5) Principal: $ 161,275.27 Accrued Interest: 152,347.22 Late Fees 511.11 Other Charges 67,925.41 Total: $ 382,059.01* *along with interest accruing at the per diem rate of$17.91 from and following February 10, 2014 and reasonable attorney's fees incurred by the Bank until paid in full. s�,,,. Li oe Ov t` " c�. 3q ►� w `� �< < � sa mot . 5 �• � � tt L4 Cpl. sa Cl C>sa L �4'19. °` oil . � t it �1 , sU1 �4 A ^a CERTIFICATION I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a Return of Service. McNEES WALLACE &NURICK LLC Date: February 10, 2014 By Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace &Nurick LLC 100 Pine Street- P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cavidson v mwn.com Attorneys for Susquehanna Bank WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4137 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due SUSQUEHANNA BANK Plaintiff(s) From RICHARD C.THOMAS AND KIM B.THOMAS, 155 KEN-LIN DRIVE,CARLISLE,PA 17013 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: F.A.S.T.PARTNERS,LP,77 KELLY DRIVE,CARLISLE,PA 17013,ALL PERSONAL PROPERTY OF THE DEFENDANT IN THE NAME OF THE GARNISHEE. and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the gamishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof, (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$161,275.27 Plaintiff Paid$ Interest$152,347.22 Attorney's Comm. % Law Library$ Attorney Paid SAl 914.&? Due Prothonotary$2.25 Other Costs$67,925.41 AND LATE FEES-$511.11 Date: 2114/14, David D. Buell,Prothonotary By: Deputy REQUESTING PARTY: Name : CLAYTON W. DAVIDSON,ESQUIRE Address: MCNEES WALLACE&NURICK,LLC 100 PINE STREET P.O.BOX 1166 HARRISBURG,PA 17108 Attorney for: PLAINTIFF Telephone: 717-260-1678 Supreme Court ID No. 79139 SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-4137 Civil Term rn RICHARD C. THOMAS and KIM B. THOMAS, 0-1 r Defendants CIVIL ACTION - LAW ACCEPTANCE OF SERVICE. 1, Heather Z. Kelly, of Mette, Evans & Woodside, hereby accept service of the Writ of Execution and Interrogatories to Garnishee filed in this matter on behalf of F.A.S.T. Partners, LP and certify that I am authorized to do so on its behalf. Respectfully Submitted, METTE, EVANS & WOODSIDE Date: February v\-1 2014 B r T Y Heather Z. Key, Esquire Attorney I.D. No. 86291 3401 North Front Street Harrisburg, PA 17110-0950 Phone: 717-232-5000 Fax: 717-236-1816 Attorneys for F.A.S.T Partners, LP SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, r-? Defendants : CIVIL ACTION - LAW -c-, -1-4-: :5.r y F.A.S.T. PARTNERS, LP, v{�� --.r. Y Garnishee PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE - 17 Q TO: Cumberland County Prothonotary Pursuant to Pa.R.C.P. No. 3146(b)(1), please enter judgment in favor of Plaintiff, Susquehanna Bank, and against the Garnishee, F.A.S.T Partners, LP, in the amount of $49,816.62 for the following property of Richard C. Thomas and Kim B. Thomas ( "Defendants "): Any and all funds found in the accounts of Defendants, identified in the Answers to Interrogatories filed by F.A.S.T Partners, LP, which are attached hereto as Exhibit "A" and incorporated herein by reference. Garnishee admitted in its Answers to Interrogatories that it is in possession of said property. McNEES WALLACE & NURICK LLC Date: March 31, 2014 By Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 Direct Fax: 717 - 260 -1678 Phone: 717 - 232 -8000 cdavidson@mwn.com Attorneys f o r Susquehanna Bank 9 G.saPd 0- �3(Li &� p +1_ ` bn winA. m dide EXHIBIT A SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD C. THOMAS and KIM B. THOMAS, Defendants : NO. 09 -4137 Civil Term F.A.S.T. PARTNERS, LP, Garnishee : CIVIL ACTION - LAW ANSWERS OF F.A.S.T. PARTNERS, LP TO PLAINTIFF'S INTERROGATORIES TO GARNISHEE Garnishee F.A.S.T. Partners, LP ( "Respondent ") by and through counsel, Mette, Evans & Woodside, submits the following Answers and Objections to the Interrogatories to Garnishee ( "Interrogatories ") as follows: GENERAL OBJECTIONS 1. Respondent objects to the Interrogatories to the extent that they seek to expand or modify the requirements for responses to discovery requests set forth in the Pennsylvania Rules of Civil Procedure. Respondent will respond to the Interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. 2. Respondent objects to the Interrogatories to the extent that they are overly broad, unduly burdensome, immaterial, excessive in number, duplicative, and /or will cause unnecessary or unreasonable expense. 3. Respondent objects to the Interrogatories to the extent they call for information that is not relevant and /or not reasonably calculated to lead to the discovery of admissible evidence. 4. Respondent objects to the Interrogatories to the extent that they call for information known only to Plaintiff or others at this time. 5. Respondent objects to the Interrogatories to the extent that they call for information already known to Plaintiff or available to Plaintiff from sources that are equally accessible to Plaintiff and Respondent or from sources other than Respondent from whom such information reasonably should be requested, or to the extent they require Respondent to make any unnecessary or unreasonable investigation. 6. Respondent objects to the Interrogatories to the extent that they seek disclosure of information protected by the attorney /client privilege or attorney /work product doctrine, or that call for the mental impressions of Respondent, its counsel, or its representatives about the merits or strategy of this case. 7. Respondent objects to the Interrogatories to the extent that they or Respondent's responses to them may be construed as an admission by Respondent that any fact or circumstance alleged by Plaintiff in the Interrogatories occurred or existed, or that Respondent's responses may be construed as an agreement or concurrence by Respondent with Plaintiff's characterization of the facts and circumstances pertinent to this action. 8. Respondent objects to the Interrogatories to the extent that they call for confidential or proprietary business information. 2 9. Respondent objects to the Interrogatories to the extent that they call for legal conclusions, or for discussion that is properly the subject of briefing at a later stage of the proceedings, or for information that can be obtained only through completion of all discovery, or for information that is properly the subject of an expert report. 10. Respondent objects to the Interrogatories to the extent that they call for a counterstatement of facts already set forth in the pleadings or have otherwise been admitted by the parties. 11. Respondent objects to the Interrogatories to the extent that they are so vague or ambiguous as to preclude a reasoned response or interpretation, or are argumentative in nature. 12. Respondent objects to the Interrogatories to the extent that they do not identify a time limit or time frame for reference in responding to them. 13. Respondent's answers are based upon its understanding of the discovery requests and upon the information reasonably available to Respondent as of the date of these answers. These responses to discovery are those of Respondent and do not purport to be the responses of any other person or entity. These General Objections are incorporated into each and every one of Respondent's responses set forth below, whether specifically stated or not, and are not waived nor in any way limited by any response to any specific request. Respondent reserves the right to seasonably amend or supplement these responses at any time additional information may become available. Subject to the General Objections, comments, qualifications and any specific objections, comments and qualifications stated herein, Respondent submits the following responses to the Interrogatories. 3 ANSWERS 1. a. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to Richard C. Thomas and /or Kim B. Thomas (the "defendant(s) ") the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant any money or were liable to the defendant(s) for any reason? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. RESPONSE: All Responses of Garnishee to prior Interrogatories submitted by Plaintiff are incorporated herein by reference. F.A.S.T. Partners maintains an account containing Thomas's accrued share of partnership distributions which account has a current balance of $60,016.62 minus a $200.00 Administrative Fee for a balance $59,816.62. In order for future distributions due to Thomas to continue to be placed in the above - referenced account, a minimum balance of $10,000 must be maintained and a $200.00 administrative fee will be applied. b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of each). N/A 4 2. a. At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joint possession, custody, or control of yourself or one or more other persons any property of any nature owned solely or in part by the defendant(s)? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 5 3. a. At any time you were served or at any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 6 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 7 5. a. At any time before or after you were served, did the defendant(s) transfer or deliver any property of any nature to you or to any person, entity or place pursuant to your direction or consent? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 8 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant(s) or to any person, entity or place pursuant to the direction of, or any undertaking for or for the account of, the defendant(s), or otherwise discharge any claim of the defendant against you? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 9 7. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy, or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 10 8. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa. C.S. § 8123? If so, identify each account. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A By: Date: March 26, 2014 As To Responses: METTE, EVANS & WOODSIDE 4 'LL Heather Z. Ke , Esquire Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP 11 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Date: March 26, 2014 704748v1 Clayton W. Davidson, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 METTE, EVANS & WOODSIDE By: (f■ I Heather Z. Kell Esquir Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP 13 SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-4137 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants : CIVIL ACTION - LAW F.A.S.T. PARTNERS, LP, Garnishee NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 TO: F.A.S.T. Partners, LP, Garnishee YOU ARE NOTIFIED that on April J , 2014, the following judgment has been entered against you in the above-captioned case: Judgment for Plaintiff and against Garnishee, in the amount of $49,816.62, pursuant to admissions made in Garnish 's Aners tiJterrogatories . Date: April 1, 2014 —Prothonotary . I hereby certify that the name and address of the proper person to receive this Notice is: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 McNEES WALLACE & NURICK LLC Date: March 31, 2014 By Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Susquehanna Bank SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD C. THOMAS and KIM B. THOMAS, Defendants NO. 09-4137 Civil Term F.A.S.T. PARTNERS, LP, Garnishee CIVIL ACTION - LAW WHEREAS, on PARTIAL RELEASE OF LIEN a judgment was entered in favor of Plaintiff and against Defendant in the Court of Common Pleas of Cumberland County, No. 09-4137 (the "Judgment"). WHEREAS, Plaintiff subsequently filed a Praecipe for Writ of Execution (the "Garnishment" naming F.A.S.T. Partners, LP as garnishee (the " Garnishee"). WHEREAS, Garnishee owns an interest in real property located at Lot 90 Summit Court, Mechanicsburg, Pennsylvania, more particularly described as Lot #90 of Hampden Summit, Phase II, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 89, page 83 (the "Property"). NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon., sell or dispose of, claim or demand the Property, in or as a result of the Judgment or Garnishment, and releases any lien of the Judgment or Garnishment on the Property; provided, however, that nothing herein contained shall affect such Judgment, Garnishment Or the lien thereof or the legal validity of any such lien upon or against any other property of Garnishee in Cumberland County or elsewhere. at, ro 19 A. A-4s-frat Ct /4/94 t3 0 'Ng IN WITNESS WHEREOF, I have executed this document this Z% day of ✓4 �G� , 2014. SUSQUEHANNA BANK, By: Robert Rahal Senior Vice President SUSQUEHANNA BANK, Plaintiff vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 -4137 Civil Term : CIVIL ACTION - LAW r? r'i r- t-- PRAECIPE TO SATISFY JUDGMENT AND DISSOLVE ALL WRITS AGAINST GARNISHEE ONLY N w v • TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please mark the judgment entered in the above captioned case as satisfied and dissolve any and all writs against the Garnishee, F.A.S.T. Partners, LP, ONLY. Date: April 16, 2014 McNEES WALLACE & NURICK LLC Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 Direct Fax: 717- 260 -1678 Phone: 717- 232 -8000 cavidson mwn.com Attorneys for Susquehanna Bank oouA r)Pci)t a-� eau V-4 e(-1 szi CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the foregoing Praecipe was served by first class, U.S. Mail upon the following: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 Date: April 16, 2014 kdA, .4✓� Katie Waters Paralegal