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HomeMy WebLinkAbout09-7423ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorney for Plaintiff Fulton Bank FULTON BANK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. RICHARD D. WILSON, Defendant No. Cq - 7443 ?Vil-Ters' CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney in the Guaranty executed by Defendant in favor of Plaintiff, a true and correct copy of which is attached to the Complaint filed in this action as Exhibit "A" and which is incorporated herein by reference, I hereby appear for Defendant, Richard D. Wilson, confess judgment for money damages in favor of Plaintiff and against Defendant as follows: Principal ....................................................................... $ 100,000.00 Interest through 10/13/2009 at a rate of $11.80555 per diem ................................................ 2,431.95 Late Charge ................................................................... 108.62 Lien Search Fees ........................................................... 229.00 10% Attorneys' Fees .................................................... 10,243.20 Total .............................................................................. $ 113,012.77 plus continuing interest after October 13, 2009 at a rate of $11.80555 per diem, continuing late charges, attorneys' fees and costs of suit. Date: d BARLEY SNYD LLC By: F. andis, Esquire Attorneys for Defendant Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2725819.1 ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorney for Plaintiff Fulton Bank FULTON BANK, V. RICHARD D. WILSON, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff No. 1- TO- 3 c v-, 'l Defendant COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Fulton Bank, files this Complaint pursuant to Pa. R.C.P. §2951 for judgment by confession and avers the following: Plaintiff, Fulton Bank ("Fulton"), is a Pennsylvania banking corporation with a principal location of One Penn Square, PO Box 4887, Lancaster, Pennsylvania 17604. 2. Defendant, Richard D. Wilson, is an adult individual with a last known address of 5247 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17050. 3. On or about December 21, 2007, Defendant executed and delivered to Fulton a Commercial Guaranty (the "Guaranty"), by which Defendant agreed to unconditionally guaranty and become surety to Fulton for all amounts owed to Fulton by Gettysburg Championship (the 2725819.1 "Borrower"). A true and correct copy of the Guaranty is attached hereto as Exhibit "A" and incorporated by reference. 4. The Guaranty authorizes confession of judgment against Defendant for all amounts due under the Guaranty plus continuing interest, costs of the proceeding and an attorneys' commission of ten (10%) percent of the unpaid principal balance plus accrued interest for collection, but in any event not less than $500, plus the cost of any legal proceedings. 5. As of October 13, 2009, there remained due and owing from the Borrower an unpaid balance as follows: Principal ....................................................................... $ 100,000.00 Interest through 10/13/2009 at a rate of $11.80555 per diem ................................................ 2,431.95 Late Charge ................................................................... 108.62 Lien Search Fees ........................................................... 229.00 10% Attorneys' Fees .................................................... 10.243.20 Total .............................................................................. $ 113,012.77 plus continuing interest after October 13, 2009 at a rate of $11.80555 per diem, continuing late charges, attorneys' fees and costs of suit. 6. Defendant is in default for failure to make payments when due. 7. Fulton is the owner and holder of the Guaranty. 8. The Guaranty has not been assigned. 9. No prior judgment has been entered on the warrant of attorney contained in the Guaranty in any jurisdiction. 10. Judgment is not being entered by this Complaint against a natural person in connection with a consumer credit transaction. 2725819.1 2 WHEREFORE, Plaintiff, Fulton Bank, demands judgment against Defendant, Richard D. Wilson, in the total amount of $113,012.77, consisting of a principal amount of $100,000.00, interest through October 13, 2009 in the amount of $2,431.95, late charge in the amount of $108.62, lien search fees in the amount of $229.00, attorneys' fees in the amount of $10,243.20, plus continuing interest after October 13, 2009 at a rate of $11.80555 per diem, plus continuing late charges, attorneys' fees and costs. BARLEY SNYDER LLC Date: _ By: Scott F. Landis, squire Attorneys for Plaintiff, Fulton Bank Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2725819.1 VERIFICATION [Fulton Bank v. Richard D. Wilson] I, CHRISTOPHER L. DEMKO, Senior Vice President of Fulton Bank, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: M /9/0 Christopher L. Demko 2725819.1 EXHIBIT "A" '000014708015-011011000600311057- COMMERCIAL GUARANTY In the boxes above are for Lendar's use any and do not W* tits Am hem above mnrakdnn •.... - wed 10 any particular ban at item. 801toWer: GETTYSBURG CHAMPIONSHIP Lander: Fttltan (lank 2575 NEPPLEWHITE DRIVE Wessgefa YORK, PA 17404 1500 Kenneth Road GUWSntex: RICHARD D WILSON York, PA 17404 5247 SIMPSON FERRY RD MECHANICSBURG, PA 17050 hell err ANTEE F PAYMENT AND PERFORMANCE. For good and vsiuable consideration, Guarantor absolutely and uncondilliminly guarenten Pummel payment and satisfaction of the Indebtedness of Borrower to ladder, and the performance and discharge of am Borrower's obligation undw the Note and the Related Documents, This Is a quarterly of payment and performance and not of collection, so Larder con enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone alp obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the hwNbtedness. Guarantee will make env payments to Lender or its order, on domerd, in legal tender of the United States of America. In some-dey funds. deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Refined Documents. without set-off or irDEBTEDNESS. The word 'Indebtedness' as used In this Guaranty meaner ell W the prbdpal amount outstanding from elms to time and at any one or mote tiny, accrued unpaid Interest thereon and all collection costs and 10941 exposes related thereto permitted by law, reasonable attornoys' teas. aielng from any and all debts. Rebrades and obligations that Borrower individually or colecdvety or Interchangeably with others. owes or will owe tender under the Note and Related Documents and ante renewals. extensions, modifications, refinancings, consolidations and substitutions of the Note and Related! Documents. K lender presently holds one or more guarentiea. or hereafter receives additional guarantles from Guarantor, Lender's rights under a guaranties sholl be Goaeumulm". This Guaranty she??a unless specifically provided below to the contrary) affect or invalidate any such other guaranties. liability will be Guarantor's liability under the tams of this Guaranty and any such other untetminsted guaranties. CONTN DING GUARANTY. THIS GUARANTY ENCOMPASSES A LINE OF CREDIT AND GUARANTOR UNDERSTANDS AND AGREES THAT THIS GUARANTY SHALL BE OPEN AND CONTINUOUS UNTIL THE INDEBTEDNESS IS PAID IN FULL AND THE LENDER DECLARES THAT THE LINE OF CREDIT IS FULLY SATISFIED, PERFORMED AND TERMINATED. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lady. or any notice to Guarantor or to Borrower, and wal continue In full force undl Ali the Indebtedness " have been fully and really paid and satisfied and ON of GuarentrN's other obligations under this Guaranty shall he" been performed in full. Release of any other other guaranty of the Indebleciasr ahei not effect the limbiity of Guarantees, under this Guaranty. A revocation Lender receives from my termim my of one any mote Quarantines shag not affect the %abiity of rental n. This Quit" it and it Is *"cMcm4V andeipaed that fluctuations any occur In Guarantees 9 u1 witiount of 014, nder this Guaranty. . Guarantor s r4voHlna Ina of anent and agrees drat fluctuations In tie anommt of the Indebtedness. even 1 dollars (1, .00). shop rco nsthute s ?OwMdpes Guarantor's rabMty under this Guaranty shsk terminate only upon (A) termination In writing by Borrows mind Lender of the i of mists runway. payment of the indebtedness in full in loos! taller, and IC) nd Lender er the ns of trade, his G-my payment In Hui In 10gd tender of all of Ouerenhor's other obligations undo this GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without Jeannpg Guarantor's gebi'ny under this Guaranty, from tiers to time: (A) 10 make one of more eddkbnal secured or unsecured loans to Borrower, to leap equipment of other goods to Borrower, or otherwise to extend additional credit to Borrower; (8) to after, compromise, renew, extend, accelerate, or otherwise change one or more times the time tar payment or other terms of the indebtedness or any pan of the indebtedness, including Increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original Joan term: ICi to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce. waive, suborolnste, fag or decide not to perfect. and reisap any such security. with or without the substitution of new calla eraMI to release. substitute, agree not to site. or deal with any one or more of Borrower's suretks. adorsers, or other guarantees on any toms or in env manner Lender may choose; IS to determine low. when and what application of payments end credits shell be made on the apply such security and direct the order or mama of sale thereof. ' ta limitation, limitation, Inhde the ter 1F) to crowding security agreement or dead of trust, es Lender in its discretion may : , any sell, transfer, nn f sea sign fitted by the terms of the all or any part of the Indebtedness; and (H? to assign y in to sell, asMfer, assign or grant Participations in or transfer this Guaranry in whole ole or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations at agreameMS of any kind have been made to Guarantor which would limit or qualify In any way the terms of tire Guaranty; 101 this Guaranty is executed at Borrower's request and not at the request of Larder; (C) Guarantor hot dull pagromment or ower, right and 101 the provisions of this Guaranty do not conflict with of result In ,.default under s authority to Inat Xi n ?enter Into this Guaranty; and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; E) Guarantor has gyv? LGwit out the prior written comment of Lender, self, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guw~o assets. or any Interest therein; IF) upon Lender's request, Guarantor will provide to Lender financial and credit Information In Norm accept" to lender, and 44 rich frianclal information which curcantty has been, and all future financial information which will be provided to Lander y and will be true and correct In all material respects and fairly present Guarantor's financial condition as of the dittos the financial information Is provided; IG) no materiel adverse change has occurred In Guaranoi s financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition: (H) no Wooden. cW ^ Investigation, administrative Proceeding or armiler action (including dose for unpaid taxes) Guarantor threatened; lit Larder has made no against Grano has Is pending or shed adequate means, or obtaining from representation Borrower on a sentation continuing basis on as to the creditworthiness Borrower; and W) Guaer esrees to information ion on regarding Borrower's financial condition. Guarantor huaentor agrees to keep adequately Informed from such means of any facts, events, or circumstances which night In any way affect Guarantor's risks under this Guaranty, and uarant that Lender In the causes foipsrellaitionship with Bo?wa hit have no obligation to disclose to Guarantor any information or documens acquired by GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statemene. As soon as evadable, but in no event later than ons•hurdred-twenty 1120) days alter the and of each fiscal year, Guarantor's balance shat and income statement for the yew ended, prepared by Guarantor In form satisfactory to Lender. Tom Returns. As soon as available, but in no event lets than one-hundred-twenty, 1120) days alter the applicable tiling date for the tax reporting Period ended. Federal and other governmental tax returns, prepared by a tax professional satisfactory to Lender. AN finsinciat reports required to be provided under this Guaranty shell be prepared In accordance with GAAP, certified by Guarantor as being true and correct. applied on a consistent basis, and GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor welves army right to require Lender JAI to continue fe nonpayment money of tendkdebtecr a it or Borrower; 18) to make any presentment. protest, demand, or notice of any kind, including notice of any Lender, any surety, any nonpayment related to any collateral, or notice of any action or nonaetion on the part of Borrower, rH endorser, or other guarantor In connection with the Indebtedness or in connection with the creation of new or additional bens or obligations; IC? to resort for payment or to proceed directty (D) to roceed duet or at once against any person, including Borrower or any other guarantor, p ley against or exhaust any collateral heltl by Leader from harrower, any other Guarantor, ntnto or any other person, fE! to give rodeo of the terms, time, end place of any public at private cab of personal property security held by Lender from Borrower or to eompy with any other applicable provisions of the UnItonn Commercial Code; IF) to pursue any other remedy within lender's power; or (G) to commit an act or omission of any kind, or at any firma, with respect to any matter whatsoever, y Guarantor elso witivis any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, army rights or 0011an6es arising by reason of (A) any 'one action' or 'anti-deficiency' law or any other law which may Prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's Commencement or completion of any foreclosure action, either 1"ciaay or by exercise of a power of sale; (8) any election of remedies by Lender which destroys or otherwise adversely effects COMMERCIAL GUARANTY Lain No: 0001-970881"101 (Continued) Prig. 2 Guarantor's submastion rights or Guarantor's rights to proceed against Borrower for raimhunemont. Incltdig without Imitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying. or discharging the Indebtedness: ICI any daabuTity, or other defense of Borrower, of any other guarantor, or of any other person, or by to~ of the emotion of Borrower's faMy ham any come whatsoever, other then payment in full In legal tender, of the indebtedness: (D) any right to claim dad" of the Indebtedness on this basis of unjustified impairment of any collateral for the Indebtedness: I¢I any statute of Srnitations, R st any time sorry action or auk brought by Lender against Guarantor is commenced, there is outstanding indebtedness which is not barred by any applicable statute of Ilnitstlons. or IF) any detentes glow to guarantors at low or In equity, other than actual payment and performance of the Indsbtedrta. N payment Is made by Borrower, whether voluntarily or otherwise. or by rry turd party. on the Indebtedness and thereafter Lender Is forced to remit the amount of that payment to Borrower's trustee In bankruptcy or to try singe person under any Worst or state bankruptcy low or low for the rsSst of debtors, the Indebtedness shell be considered unpold for tins purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amour guaranteed under this Guaranty for any claim of setoff, counterclaim, courtier demand, recoupment or simgr right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WANIERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its slgni8cance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. N any such waiver is determined to be contrary to any applicable law or public policy, such waiver shah be efteetlve only to the extent permitted by low or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in erg Guarantor's accounts with (.ender (whither checking. savkgs, or some other account). This Includes all amounts Guarantor holds jointly with someone also and all accounts Guarantor may open In the future. However. this does not include any IRA or Keogh accounts. or try trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to this extent permitted by applicable low, to hold these funds If dare Is a default. and Lender may apply the hells in these accounts to pay what Guarantor owes under the tame of this Guaranty. SUBOROMTION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the indebtedness, whether now existing or hereafter created. shall be superior to any claim that Guarantor may now hove or hereafter acquire against Borrower, whether or not Borrower becomes Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower. upon any accent whatsoever. to any taNmn trot Lander may now or hereafter have against Borrower. In the event of Insolvency and consequent Iquidaton of the more of Borrower, through bankruptcy, by on assignment far the benefit of credtrs. by voluntary liquidation, or oderwbe. the assets of Borrower applicable to the payment of the claims of both Lander and Guarantor shN be pail to Lender and shelf be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender A claims which it may have at acquire against Borrower or against arty sasipree or trustee in bankruptcy of Borrower: provided however, that such assignment shall be effective only for the purpose of wu i rag to Lender full payment in legal tender of the Indebtedness. If Larder so requests, arty rotes r radii agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the some we subject to this Guaranty and shag be delivered to Lender. Guarantor agrees, and Lender Is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a par of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shag be affective uniass given in writing and signed by the party or parties sought to be charged or bond by the alteration or amendment. Attorneys' Fast: Expenses. Guarantor sprees to pay upon demand all of Lender's costs and expenses, InckWfrg Lender's reasonable attorneys' tees and Lsndar's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may hire or pay someone she to help enforce this Guaranty, and Guarantor shag pay the costs. and expenses of such enforcement. Costs and expenses include Lender's mrsonablo attorneys' fees and legal expenses whether or not time is a lawsuit. Including reasonable attorneys' fees and legal expenses for bankruptcy proceedings fmcluding efforts to modify or vacate arty automatic stay at injunctioN, appeals, and any anticipated post-judgment collection services. Guarantor also shag pay ay court costs sin such additional toes as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal low applicable to Lender and. to the extent not preempted by federal low, the laws of the Comrrrnwreakh of Pennsylvania without regard to its conflicts of law provisioru. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty-, Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to olds Guaranty: the Guaranty fully reflects Guarantor's imanions and parol evidence is not requited to interpret the terms of this Guaranty. Guarantor hereby indemnifies wd holds Lender harmless from all losses, claims, damages, end costs Pwkx ing Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warrantlos, representations and agreements of this paragraph. Interpretation. In all case where there Is more than one Borrower or Guarantor, than erg words used in this Guaranty in the singular shag be deemed to hove bean wed In the plural where the context and construction so requite: and where there is more then one Borrower named In this Guaranty or when this Guaranty is executed by more than ens Guarantor. the words 'Borrower' and 'Guarantor' respectively shag mean all and any one or mare of them. The words 'Guarantor,' 'Borrower,' and 'Lander' include the heirs. successes. assigns, and transgress of each of them. It a cart finds that any provision of this Guaranty Is not valid or should not be enforced, that fact by itself wig not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the test of the provisions of this Guaranty even If a provision of this Guaranty may be found to be invaad or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited gabMW compenles, or similar entities, it is not necessary tar Lender to inquire Into the powers of Sorower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Modest. Unless otherwise provided by applicable low, any notice required to be given under this Guaranty shag be given in writing, and shall be effective when actually delivered, when actually received by teiefocsimge halesa otherwise required by law). when deposited with a notionally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the begiming of this Guaranty. Any party may chenge its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to charge the party's address. For notice purposes. Guarantor sprees to keep Lender informed at all tines of Guarantor's current address. Unless otherwise provided by applicable law, R there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Welwr by Lender. Lender shall rat be deemed to have waived any rights under this Guaranty unless such waiver Is given in writing and signed by Lender. No delay or omission on the pert of Lender in exercising any right shall opera" as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty sing not prejudice or constitute a waive of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, add any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of arry of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lander In any Instance shall not constitute eondnuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withhold in the sob discretion of Lander. Successors and Assigns. The terms of this Guaranty shag be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and he successors and assigns. Waive Jury. LaMar and Guarantor hereby waive the right to any jury Mal in any action. Proceeding, or counterclaim brought by *Ww Lerner or Guarantor against the other. DERNITIONS. The following capitalized words and terms shelf have the following meetings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shop include the singular, as the context may require. Words and terms not otherwise defied In this Guaranty shag have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The wrd'Borrowor' means GETTYSBURG CHAMPIONSHIP and includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word 'GAAP- means generally accepted accounting principles. COMMERCIAL GUARANTY Loan No: 0001-970@8150101 (Continued) Page 3 Guarantor. Tie WOW 'Guarantor' means everyone sigrerrg this Guarsity, includlop wMeut limitation RICHARD D WILSON. and in each case. ww ft We successors and assigns. Guaranty. The word'Guerenty' means INs guaranty from Guarantor to Lender. bldsbfedness. The word 'Indebtedness' nears Berroww's indebtedness to Lender es more Particularly described In this Guremy. Lender. The word 'Lender` means Fulton Bank, its successor, and essigre. Mae. The word 'Note' means the promissory rote dated December 21. 2007, in the od*W principsi amount M $100.000.00 from Borrower to Lander, together with ON renewals of, ext"sions of, ntodificadons of, refinarmAngs ol, consolidations of, and substitutions for the promissory note or agreement. Reload Documents. The words 'Related Documents' mean all promissory notes, credit agresrrents. loan apreaments, awtormental agreements. guaranties, security agreements. mortgages, deeds of trum security deeds, collateral mortgages, and all other Instrurnenta6 sgreenants and doc nwas. whether now or hereafter sxistlng. executed In connection with the Ntdebtatinges. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, 09 ELSEWHERE. TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE EFITIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURMq THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION,. BUT IM ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 1$5001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FOR SO GOING. THIS GUARANTY OR A COPY OF THIS GUARANTY VERWED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRAMM N THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSImED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISpNB OF THIS GUARANTY AND AGREES TO ITS TE DELIVERY OF THIS GUARANTY TO LENDER THA GUARA UNTIL TERMINATED IN THE RMS. N ADDITION. EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND IN THE SECTION TITLED 'DURATION OF GUAARANTY-T NOEFORMAAL ACCPTTA CONTINUENCE P NECESSARY TO MAKE THIS GUSET FORTH EFFECTIVE. THIS GUARANTY IS DATED DECEMBER 21, 2007. ARANTY THIS GUARANTY IS GIVEN UNDER BEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X; '' v,rL50, (SOW) RI NAIL u S" d n p and Fared in t o Ixeaence ot: nest - X Witness - YAAIq I?wr. w.l?,rrpp. Cr.F.b,r..r rrrrr W4aa. Ny,?M..,, .n sy.rn,KnuwRfwe w.rr.r was. RED-OFFICE OF THE I'Rnmowi' y 2004 OCT 28 PM 1= 02 CUM -01 ,I 4a-7. so PA p-rrf Co 5fal9o4 tr* 0 (por ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorney for Plaintiff Fulton Bank FULTON BANK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. RICHARD D. WILSON, Defendant No. ()q -10Z &i(T-P_r)4 ENTRY OF APPEARANCE Kindly enter the appearance of Scott F. Landis, Esquire, Barley Snyder LLC on behalf of Plaintiff, Fulton Bank, in the above-captioned matter. Serve all papers at 126 East King Street, Lancaster, Pennsylvania 17602-2893. Date: BARLEY SNYDER LLC By: Scott F. Landis, Esquire Attorneys for Plaintiff, Fulton Bank Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2725819.1 FILED-OFFICE WA ? OF THE PPOTHONOTARY 2009 OCT 28 PK 1: 03 PR ivS'+?1rVAN1 1 ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorney for Plaintiff Fulton Bank FULTON BANK, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. RICHARD D. WILSON, No. _ -0 Ai ITem Defendant CERTIFICATE OF RESIDENCE I, Scott F. Landis, Attorney for Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: 1. The precise address of Plaintiff, Fulton Bank, is One Penn Square, PO Box 4887, Lancaster, Pennsylvania 17604. 2. The last known address for Defendant, Richard D. Wilson, is 5247 Simpson Ferry Road, Mechanicsburg, PA 17050. BARLEY SNYD LLC Date: 101,P610 g ( By: Scott F. Landis, Esquire Attorneys for Plaintiff, Fulton Bank Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2725819.1 f FILED-OFFICE OF THE PROTHONOTARY 2009 OCT 28 PM l : 03 CtJ nUNTY PFe i NS LV MA BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorney for Plaintiff Fulton Bank FULTON BANK, V. RICHARD D. WILSON, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff No. OQ -#7493 lac Vi ( Term Defendant NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. 0 Judgment by confession for Plaintiff and against Defendant, in the total amount of $113,012.77, consisting of a principal amount of $100,000.00, interest through October 13, 2009 in the amount of $2,431.95, late charge in the amount of $108.62, lien search fees in the amount of $229.00, attorneys' fees in the amount of $10,243.20, plus continuing interest after October 13, 2009 at a rate of $11.80555 per diem, plus continuing late charges, attorneys' fees and costs. ? Judgment for Defendant(s) and against Plaintiff(s). ? Order of Decree in favor of f onota /P?O' Dated: AD /629 lGq By: TO: Richard D. Wilson 5247 Simpson Ferry Road Mechanicsburg, PA 17050 Deputy Clerk 2725819.1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7423 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK, Plaintiff (s) From RICHARD D. WILSON, 5247 SIMPSON FERRY ROAD, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL SHARES OF STOCK OWNED BY DEFENDANT, RICHARD D. WILSON, IN THE COMPANY KNOWN AS TELEKORE, INC.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $113,012.77 Interest $10,754.85 Atty's Comm % Atty Paid $58.50 Plaintiff Paid Date: 6/11/12 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary B: -zz a2A? - Deputy REQUESTING PARTY: Name : PAUL W. MINNICH, ESQUIRE Address: BARLEY SNYDER 100 E. MARKET STREET, P.O. BOX 15012 YORK, PA 17405 Attorney for: PLAINTIFF Telephone: 717-846-8888 Supreme Court ID No. 74453 l t•; ?JS?V?PLI'? '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN S?YLV?11? IAp?y?(,. e ':, t C CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION i- tq,1 ERL AH0 COUk" 1 Fulton Bank ?? Confessed Judgment ; EHNSYL"AN'i ' Plaintiff ? Other vs. File No. 09-7423 Civil Term Richard D. Wilson Amount Due $113,012.77 Defendant Interest $10,754.85, Address: 5247 Simpson Ferry Road Mechancisburg, PA 17050 TO THE PROTHONOTARY OF THE SAID COURT: Atty's Comm costs to be added The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County County, for debt, interest and costs, upon the following described property of the defendant (s) All shares of stock owned by Defendant, Richard D. Wilson, in the company known as Telekore, Inc. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date Signature: LA' A e- 2-a 2 Print Name: Stos" 56 C2 50 M ? 5 ? • So ?d a Address: pendens tagagnst r 1 e of the Paul . in PO 15012 York, PA 17405 Attorney for: Plaintiff Telephone: 717 846-8888 Supreme Court ID No: 74453 P- 9 a` 1111 AD J-&e (ge 61 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4,a ofuprbrr?A OFFICE OF '??E SHERIFF THE PkOTHOHOTI fR t 2012 JUL 27 AM 9:149 CU P?IMIYLVAlVIA TY Fulton Bank vs. Richard D Wilson 04*0 Numb 2009-7423 SHERIFF'S RETURN OF SERVICE 06/20/2012 02:05 PM - Tim Black, Deputy, being duly sworn according to law, states that on June 201, 2012 at 2:0 PM hours, served the requested Writ of Execution and ClWm for Exemption Form b " true and attested copy to a person r?sang themselves to by pensonRic handing at 4425 Valley Road, Enola, PA 17025,d informed Defendant off the con, ,?nsa? ? Letter mailed to on defendant on 06-21-12. Mr. Wilson advised Deputy Black that his attorney was currently in possession of all the stock and he would have his attorney contact us to pick up copies of the certificates. As of 07-26-12 we have not yet received any stock information - Mr. Wilson's attorney Tucker Hull is nc possession of that information as he was not the attorney who set up the original company paperwork. SHERIFF COST: $76.20 July 26, 2012 S MFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, R xooalr?,-? in (c) CountySuite Sheriff, Teleosoff, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-0,UICE ,ny R Anderson (JF THE PROTHONC eriff Owl, nt tCam&r�r��� ����� �� PM 2,' 3 Jr Jody S Smith Chief Deputy µ . ..� Richard W Stewart � ` CUMO : �yND C00KY Solicitor OFFiCEOFTt,Es�ERIFr � iILA S 1 LVANI' Fulton Bank vs. Case Number Richard D Wilson 2009-7423 SHERIFF'S RETURN OF SERVICE 06/20/2012 02:05 PM-Tim Black, Deputy, being duly sworn according to law, states that on June 20, 2012 at 2:05 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally"handing ' a true and attested copy to a person representing themselves to be the Defendant,to wit: Richard D Wilson at 4425 Valley Road, Enola, PA 17025, and informed jDefendant of contents of same. Letter mailed to defendant on 06-21-12. Mr. Wilson advised Deputy Black that his attorney was currently in posse sion of all the stock information and he would have his attorney contact us to pick up copies of the certifites. As of 07-26-12 we have not yet received any stock information-Mr. Wilson's attorney Tucker Hull is not in possession of that information as he was not the attorney who set up the original company paperwork. 03/18/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. t SHERIFF COST: $78.66 SO ANSWERS, I March 18, 2013 R-ONPrY R ANDERSON, SHERIFF i i -C6 7s (c)councrsul;e Sheriff,Teleosoft..Inc.