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Home My WebLink About10-1549BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com JOHN DEERE INSURANCE COMPANY : VS. MERCY DOUGLASS CENTER, INC.; MERCY-DOUGLASS HUMAN SERVICES AFFILIATES; MERCY- DOUGLASS CORPORATION, INC.; MERCY-DOUGLASS HUMAN Attorneys for Plaintiff, John Deere File#27700.4-00001 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. to - q9 CIVIL ACTION-LAW e,?.c `rte., SERVICES CORPORATION; 0 MERCY-DOUGLASS CENTER, II, INC.; and MERCY-DOUGLASS ATIO '' X11 - CORPOR N Ln CONFESSION OF JUDGMENT C - `n C Pursuant to the authority contained in the warrant of attorney, the original or a copy o which is attached to the complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff, John Deere Insurance Company, and against Defendants, Mercy Douglass Center, Inc.; Mercy-Douglass Human Services Affiliates; Mercy-Douglass Corporation, Inc.; Mercy-Douglass Human Services Corporation; Mercy-Douglass Center, H, Inc.; and Mercy-Douglass Corporation, as follows: Principal (Penal) Sum: +Attorney's fees and costs $295,203.67 $ 58,011.39 Total: $353,242.06 voas'o ear ails p, ? a23'dq 4 7 kc4i -c-c- ry, ?_7 t L ( - BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Plaintiff, John Deere File#27700.4-00001 JOHN DEERE INSURANCE COMPANY VS. MERCY DOUGLASS CENTER, INC.; MERCY-DOUGLASS HUMAN SERVICES AFFILIATES; MERCY- DOUGLASS CORPORATION, INC.; MERCY-DOUGLASS; HUMAN SERVICES CORPORATION; MERCY-DOUGLASS CENTER, II, INC.; and MERCY-DOUGLASS CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. /D -1 Y'? CIVIL ACTION-LAW O;UZC,?*-A JURY TRIAL DEMANDED COMPLAINT ON CONFESSION OF JUDGMENT N { crt , ? ?`? .. 7 Plaintiff, John Deere Insurance Company ("John Deere"), is an insurance company organized and existing under the laws of the State of Wisconsin, with a principal place of business located at 1800 North Point Drive, Stevens Point, Wisconsin 54481. John Deere is licensed to do business in the Commonwealth of Pennsylvania. 2. Defendant Mercy Douglas Center, Inc. II is, upon information and belief, a corporation with a principal place of business located at 4400 West Girard Avenue, Philadelphia, Pennsylvania, 19104. 3. Defendant, Mercy Douglas Center, Inc. is, upon information and belief, a corporation with a principal place of business located at 4400 West Girard Avenue, Philadelphia, Pennsylvania, 19104. 4. Defendant, Mercy Douglas Corporation, Inc. is, upon information and belief, a corporation with a principal place of business located at 4508-38 Chestnut Street, Philadelphia, Pennsylvania, 19139. 5. Defendant, Mercy Douglas Human Services Corporation is, upon information and belief, a corporation with a principal place of business located at 4508-38 Chestnut Street, Philadelphia, Pennsylvania 19139. 6. Mercy Douglas Human Services Affiliates is, upon information and belief, a corporation with a principal place of business located at 4400 West Girard Avenue, Philadelphia, Pennsylvania 19104. 7. The Confession of Judgement clause is contained in a General Agreement of Indemnity ("Indemnity Agreement"), executed by all Defendants on or about August 17, 1999. A true and correct of the Indemnity Agreement, is attached hereto, made a part hereof and marked at Exhibit "A." 8. This judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. No previous judgment has been entered in connection with this confession of judgment. 10. To date, the amount due pursuant to this confession of judgment, is as follows: Principal (Penal) Sum: $295,203.67 +Attorney's fees and costs: $ 58,011.39 Total: $353,242.06 WHEREFORE, Plaintiff, John Deere Insurance Company demands judgment in its favor and against, Defendants, Mercy Douglass Center, Inc.; Mercy-Douglass Human Services Affiliates; Mercy-Douglass Corporation, Inc.; Mercy-Douglass Human Services Corporation; Mercy-Douglass Center, II, Inc.; and Mercy-Douglass Corporation, in the amount of $353,242.06, pursuant to the Confession of Judgment. Date: M:Mdir\l John Deere\27700.40001\Pleadings\Complain[.6-10-08.wpd Camp Hill, PA 17011 717-975-8114 11/20/2009 FRI 10:31 FAX 10/09/2008 10:07 FAX 7175758124 MARGOLIS EDELSTEIN VIh:)t. MCATION { ??' /U, Atr have ain Complaint o I, / , state that I have. read tae fo eg n IZO05/005 rA 006/00.5. Confession of Judgment and that the facts stated therein are true; 1.nd correct to the best of my knowledge, information and belief I understand that any false statonlents herein are made subject to penalties of 18 Pa.C.S,A, § 4904, relating to unsworn falsification to authorities. Date: /(/. I r7 , ____ Name: Title: r John Dean V. Mkny CAP 1Ae1 ! 1. C rA4 10/09/'2009 FRI 9:09 ( JON NO. 53301 0005 Ex M... 0£ P PA- %001 . V ?VZ/ZVVZ VJ:a4 rA& Z$liV ni4 t$11)4 FURC:UN 1NTE NATIUNAL NE . UUZ/011 VQ4'rr It JOHN DEERE INSURANCE COMPANY 5/ochGj[ GENERAL IN-DE Y= AGREETN= IC 40W ALL :tiiEN BY TF•IESE PRESENTS, that whereas the undersigned i=cy-Douglass Corporation tereinatrer referred to as "Contractor") and ftrsic2f it rc&rred to as "Indenlnitots"), ave requested and do hereby request John Deere Insurance Company (hereinafter referred to as "Surety"), to execute or .mcure the execution of certain surety bonds, uz&rtaldngs or-iasntments of guarantee, and to renew, or continue or sabstimm .c same from time to time; or new bonds, undermidap or instruments of guarantee with the same or different penalties, and/or 7ndirions may be desired or rewired, in renewal. continuation, extension or subst=cion thereof (bacinaiter collectively :ferred co as 'Bands"). as have bean or as may hereafter be applied for duectly or through an agent. aaoraey or other presentative or required, solely or as co-advenrurer with others, by the Comacmr, it being understood and agre:d that this enerai Indemnity Ageemear (hereinafter referred to as "GIA") shall cover all Bonds executed by the Surer/ on behalf of the ontractor, whether or not this GIA is referred to or mentioned in connection therewith: vOW. THEREFORE, in consideration of the premises and of the execution or conriananc„ of such Bonds, the Contractor A the Iadanmitom. for themselves, their hens, executors, adminisr=r, successors and assigns, do beaeby jointly and Nerally covenaat and afire with the Surety, its successors and assigns, as follows: 1. TEE CONTIL&CTOR. If two or more arsons are named in and execur this instrutnew as Contractor, each otte is an Acmaitor, and shall be bound by the m-.ms of this instrument with respect to all Bonds etec:ued or procured for the other ontramor or Contractors so named, as weil as with resma to all Bonds executed or procured for him. If any Bond shall be :ccuted or procured for any joint venture to which the Cou ractor is or may become a nasty, the liability of the undersigned to e Surety snail be true same as if such Boned bad been executed for the Contracmr acting alone, any agreement oetwe:n or angst the joint venturers nor -tsmmling. 2. APPLICAMM. This lnsuvme= is intended to apply to any and ail Bonds etecared, renewed. continued. odified, nWsdnued or extended, or the ecacudca. renewal. continuation. modificarica. substitution or eueasion of which has :tin procured by the Surety for the Contractor. wperher or not there -shall be any wriu= aaplicadou thereior executed by one or ore of the tmde:sigmmd. The Coatraamr and Iodemnicort agree that this Insnume3t was executed at the request of the )na-actor and the Indcmaitors and in reliance on their promise to exwate this Iastrume:u and is considered for and intended to ply to any Bond executed prior to and subseunenr to the date of execution of this GIA. 3. CHARGES AND PRt IIUMS. The Canuactor and Indemnitors shall pay, when due, all premiums for each of such jods in accordance with the Surety's [rucsi in et3`ec: on the bare such Band is isshud. or as otherwise agreed, until the Surety ftumsbed with evidence which it deems satisfactory of its discharge or re!ease from ell bonds. or of any poteadal liability by ton thereof. , 4. INMiNMCATION. The Contractor and the Indemnitots will indemnify. 's=p indemnified and hold harmless the rety against any and all liability, demands, claims. loss, costs. damages. attorneys' to=, interest and other expetscs which the rery may sustain or incur by reason of. or in consequence of the axexvtion of any Bond had any ;anrwal. continuadart. Page t of 3 ve/zvv4 Vu: au .r. t 00V 1614 01U4 rUKUUN 1N'1'E"ATIUNAL NE IOU03/011 John Deere Insurance Company General Indemnity Agreement modification, substitution or extension thereof, including btu not limited to, sums paid or liabilities keurr@d in eouw=on with the invesrigatim proscuiion, defense, settlement or litigation of any claims, suits or judgments under any Bond, or costs, procure release from liability. or in recovering or attempting to recover losses or expenses paid or incurred, as aforesaid, 5. COLLATERAL SECURITY. If the Surety shall establish a reserve to cover any liability, claim asserted, suit or judgment. in connection with any Bond, or any loss, cost, expense or fee in connection therewith, the Connector and the Iademnitors will, immediately upon demand and whether or roc the Surety shall have made any payment therefor. and regardless of wbaher or not it may be in addition to other collateral security that may have been previously deposited with the surety, deposit with the Surety fiends and/or other collateral security, which the Surety in its sole discretion deems proper, equal to such reserve and any increase thereof as collateral security on such Bond, and such funds and any other mt)M or property which shall have been or shall hereafter be pledged as collateral security on any and all bonds issued by the Surety on behalf of the Contractor or for any other indebtedness of the Iademnitors to the Surety; and any such collateral security shall be held subject to the It= of the Surety's regular form of receipt for collateral, which is by reference made a part hereof. 6. AUMORIZA710N. If any such Bond be issued in connection with a contract, the Surety in its sole discretion is hereby auuhorized, but is not required, a) to consent to any change in the contract Or in the plans and specifications relating thereto, including but not limited to any change in the time for completion of such contract and to payments or advances thereunder before the same may be due, and to assent to or take any assignment or assignments, to execute or consent to the execution of any continuations, extensions or renewals of the Bonds and to execute any substitute or substitutes therefor, with the same or different condrions, provisions and obligees and with the same or larger or smaller penalties, it being expressly understood and agreed that the Indemnimrs shall remain bawd under the terms of this instnmnent even though any such assent by the Surety does or may substantially increase the liability of the lndemnitors; b) to make or guarantee advances or loans for the purpose of the contract without any obligation to see to the application thereof, it being understood that the amount of ail such advances or loans shall be conclusively presumed to be a loss hereunder for which the Indemnitors are liable; c) in the event of any default in the performance of the contract alleged by the Bond obligee, or breach of this agreement or of airy Bond connected herewith, failure to diligently prosecute the work trader any contract or to pay for labor and materials used in the prosecution of the contract, or in the event the Contractor has ceased or suspended work on any contract covered by any Bond, or in the event of the death or disappearance of the Contractor or his conviction of a felony, or the imprisonment, incompetency, insolvency, or bankruptcy of the Contractor, or the appointment of a receiver or trustee for the Contractor or the property of the Contractor, or in the event of an assi;nment of a receiver or trustee for the Contractor or the property of the Contractor, or in the event of an assignment for the benefit of the creditors of the Contractor, or if any action is taken by or against the Contractor under or by virtue of the United States Bankruptcy Code, or if reorganization or arrangement proceedings are filed by or against the Contractor under sgid Code, or if any action is taken by or against the Contractor under the insolvency laws of any state, possession or territory of the United States. the Surety shall have the right, 'at its option and in its sole discretion and is hereby authorized, with or without exercising any ocher right or option conferred upon it by law or under this GIA, to take possession of any pan or all of the work under any contract, and, at the expense of tie Contractor and the lndctmiton, to complete the contract or cause the same to be completed or to consent to the completion thereof, and to take any other action which the Surety, in its sole &%credon, may deem appropriate. In the event the Surety takes possession of the work as above provided, the Contractor and the Indemnitors shall promptly upon demand pay to the Surety all losses, costs, expenses and attorneys' fees incurred by the Surety and in addition, do hereby release and discharge the Surety from all liability for its actions in this connection. 7. ASSIGNIIDNT. 'the Contractor and the Indemnkors do hereby assign, transfer, pledge and couvcy to the Surety, as of the date of the execution of said Bonds, as collateral security, to secure the obligations hereunder and any other indebtedness and liabilities of the Contractor and the Indemnitors to the Surety, whether heretofore or hereafter incurred, all of their rights under the contracts referred to in such Bonds, including their right, title and interest in and to 1) any and all subcontracts let or to be let in connection therewith and such moors' surety bonds: 2) any and all machinery, plant. inventory, equipment, tools and materials which shall be upon the site or sites of the work or elsewhere for the parposcs of the contracts. including all material ordered for the contracts: 3) any and all sums due or which may thereafter become due under such contracts and all sums to become due on all other contracts, bonded or limited to. contract retainages and balances; and 4) any and all actions, canes of action, claims and demands whatsoever which the Contactor and/or the Indemaitors may have or acquire against any Page 2 of 8 V11VZ1zvvz va:» .r AA 3aU 0/4 81U4 FURCUN 1N'1E"A JU.NAL NE 10004%011 John Dear Insurance Company General Indemnity Agreement subcontractor, laborer or materialman, or any person fmnishing or agreeing to ft mish or supply labor, materials, supplies, machinery, tools or other equipment in connection with or on account of any and all contracts referred to in the Bonds; and against any surety or sureties of any subcontractor or materialman. 8. FILING AND RECORDING. The Surety may, at its option, .fife or record this GIA or any other document executed by the Contractor and/or the Indemnitors, individually or jointly, in connection with the application. issuance or ixeeuaon of any Bond, as a security agreement or as part of a financing smmm= or as notice of its prior interest and assignment under the provisions of the Uniform Commercial Code or any other statute or regulation of any jurisdiction or agency, but the filing or non-tiling ox the recording or non-recording of such document shalt not release or impair any of the obligations of the Contactor or the Indemnitors under this Instrument. 9. TRUST FUNDS. Where any Bond is executed in connection with a contract, the Contractor and the Indemnitors covenant and agree to hold all money or other proceeds of such contract, whether received as payment or as loans, as a trust for the benefit of laborers, materialtnen, suppliers, sutbconaractocs and/or the Surety, and to use such money or other pr=e& for the purpose of performing the contract and discharging the obligation of the Bond beneficiaries, and for no other purpose, until the Bond and the Surety's loss, costs, expenses and attorneys' fees are completely discharged. The Contractor will, upon demand of the Surety and in implementation of the trust or ousts hereby created, establish a trust account or accounts with a bank or similar depository designated by the Surety and approved by the Contractor, for the deposit therein of all monies received from the contact referenced in the Bond. 10. SE MEMEN'T. The Surety shall have the exclusive tight to decide and determine whether anv claim. liability, suit or judgment trade or brought against the Surety or the Contractor or the Indemnitors or any one of than on any Bond shall or shall not be paid, settled, compromised, resisted, defended, tried or appealed, and the Surety's decision thereon shall be final and biding upon the Contractor and the Indemnitors, unless the Contractor and/or the Indemakors shall request the Surety to lidgate such claim or demand, or to defend such suit, or to appeal from such judgment, and shall immediately deposit with the Surety cash or collateral security in accordance with Section 5 hereof, to be used in paying any judgment or judgments rendered or that may be rendered, with interest, costs, expenses and attorneys' fees, including those of the Surety. An itemized statement of payments trade by the Surety or amounts incurred or expected to be incurred by it for any purpose specified herein, sworn to by an officer of the Surety, or vouchers for such payments, shall be prima facie evidence of the liability of the Contractor and the Iademnitots to the Surety for such amotmts with interest. 11. PARTIES. In the event any claim or demand is made by the Surety against the Contractor or the Indemaitors, or any of them, by reason of the execution of a Bond or Bonds. the Surety is hereby expressly authorized to settle with any one or more of them, severally, without reference to the others, and such settlement shall not affect the liability of any of the others, and the Contractor and the Indemaitors hereby expressly. waive the right to be discharged and released by reason of the release of any oac or more of the Indemnitors and hereby consent to any settlement or compromise that may hereafter be made. Separate suits may be brought hereunder as causes of action accrue, and suit may be brought against any or all of the Indemnitors, whether or not the Contractor is sued, and suit or suits upon one or more causes of action, or against one or more of the Indemnitors, shall not prejudice or bar suits against any or all others undersigned on the same or other cause or causes of action, whether theretofore or tereafer accruing. 12. COURT BONDS. If any Bond be given its any action or proceeding is any court, the Contractor and the Indemaitors hereby autbotize the Surety in its sole discretion to recognize any attorney of record in such action or proceeding for any parry thereto at rbe date of execution of such Bond as the authorized representative of such parry, until the Surety shall have been discharged from liability under such Bond. 13. NOTICE OF EXECTION AND OZHM EVMV'1'S, The Contractor and the Indemnitots hereby waive notice of ezxudan of any Roods or of any act, fact or information rowing to the notice or knowledge of the Surety concerning or affecting its rights or liabilities under any Band or liabilities of the Contractor or the Indemnitocs hereunder, including but not limited to notice of default or any other act which may give rise to liability under a Bond, notice of all such being hereby expressly waived. The Contractor and Indemnitots shall be and continue w be liable under the terms hereof, notwithstanding any notice of try kind to which they might otherwise have becu entitled and notwithstanding ahy defenses they might have been cadtled to assert had they received such alorice. Page 3 of s 01/02/2002 1?9:55 FAR 860 674 8104 FORCON INTERNATIONAL NE L0005/011 John, Deere lnaurance Company General Indemnity Agreement 14. ADDITIONAL SURETIES. If the Surety shall procure any company or companies to execute or join with it in cxecutmg, or to reinsure, any Bonds, this GIA shall kwe to the benefit of such other company or companies, its or their successors and assigns, so as to give to them a direct right of action against the Contractor and the Indemaitors to enforce this GIA and, in that event the word "Surety", wherever used herein, shall be deemed to include such company or companies as their respective interests may appear. 15. I.IABELTY. The liability of the Contactor or the Indemnitors shall not be affected by the failure of any of the undersigned to sign any Bond, or by any claim that other indemnity or security was to have been obtained, or that it has been obtained, or by the release of any indemnity of any Contractor or Indemnitors, nor the return or exchange of any collateral security that may have been obtained. 16. INVALIDITY. Should any of the parties mentioned in this GIA fail to exeane same, or should the execution hereof by any of the parties be defective or invalid for any reason, such failure, defect or invalidity shall not in nay manner affect the validity of this GIA or the liability hereunder of any of the patties executing same, but each of the parties who shall have executed this GIA shall be and remain full bound and liable hereunder to the same extent as if such failure, defect or invalidity had not existed. 17. EXECUMON OF BONDS. The Surety may decline to execute any Bond and the Contractor and the lndemnitors agree to make no claim to the contrary in consideration of the Surety's acceptance of this Instrument; and if the Surety shall execute a bid or proposal Bond, it shall have the right to decline to execute any and all of the Bonds that may be required in connection with any award that may be made under the proposal for which the bid or proposal Bond is given, and such decda rion shall not diminish or alter the liability that may arise by reason of having executed the bid or proposal Bond. The Contractor and the lndenmitor agree that they shall nave ao claim against the Surety arising out of or relating in any manner to the failure or refusal of any parry to award any contract to the Contractor, or to accept any Bond executed by the Surety, or which the Surety has been asked to execute, all of which claims are hereby waived. 13. TERMS. Whenever used in this GIA, the plural term shall include the singular and the singular shall include the pinta!. In addition the language is intended to be applied in gender-neutral manner. 19. ATTORNEY-IN-FACT. The Contractor and the lmkmaitors hereby irrevocably nominate, consticate, appoint and designate the Surety or its duly appointed designee as their Attorney-in-Fact with the right, but not the obligation, to exercise all of the rights of the Contractor and the Indemnitors assigned, transferred and set over to the Surety in this GIA, and in the name of the Contractor and the hndemnitors or any of them to crake, execute, endorse and/or deliver any and all additional or other usignm ats, documents or papers, deemed necessary by the Surety in order to give full effect not oaly to the intent and meaning of the within assignments, but also to the full protection intended to be herein given to the Surety under all other provisions of the Agreement, and includes but is not limited to the right of the Surety to execute on behalf of and sign the names of the Coocactor and/or the Indemnitors oa any voucher, rmanchi statement, release, satisfaction, cheek, bill of sale.of any or all property assigried by this GIA to the Surety, to dispose of the performance of the contract by subletting same in the name of the Contractor or otherwise,, to enter upon and rake possession of the tools. plant, equipment, materials and subcontract and all other collateral security of the Contractor and /or the Indemnitors mentioned in this GIA and enforce, use employ and/or dispose thereof for the proposes set forth in this GIA, The Contractor and the Indemnitors hereby ratify and affirm all acts and actions taken and done by the Surety or its duly appointed designee as such Attorney-in-Fact and agree and covenant to protect, indemnify and hold harmless the Surety and such Attorney-in-Fact against any and all claims, damages, costs, expenses and fees that may in nay gray arise.or grow out of the exercise of the assignment contained in this GIA and the powers granted herein. and specifically waive any claim which the contractor and/or the Indemnitors may have or mi& hereafter have against the Surety or such Atorney-in-Fact for anything done in enforcing the terms of this GIA, assignment and power of attorney. 20. WAIVER OF PITONS. To the cunt permitted by law, the Contractor and the Indemnitors hereby waive and abandon. so far as their respective obligations under this GIA are concerned, all rights to claim any property, including their respective obliiptions under this GIA are concerned, all rights to claim any property, including their respective homesteads. as exempt Erom levy, execution, sale or other legal prm= under the laws of any state, territory or possession- Page 4 of 9 VI/VZ/ZVUZ V?:")D r!LS 515U UY4 ?; 1U4 YURCUN 1N'1 10A'1'1UNAL NE wiM/1311 John Deere Insurance Company General Indemnity Agreement 21. LIABILITY INSURANCE. The Contractor app to notify the Surety immediately upon their receipt of any notice or knowledge that his liability insurance has been or will be canceled, terminated or nvnrenewed, or that such coverage will be reduced. 22. BOOKS AND RECORDS. At any time, and until such time as the liability of the Surety under any and all Bonds shall be terminated, the Surety shall have the right to reasonable access to the books, records, and accounts of thb Contractor gad each of die Indemtaitors; and any bank depository, matetialmaa, supply house, or other person, firm or corporation when regnated by the Surety is hereby authorized to ftrrttish the Surety any information requested, including but not limited to, the smi us of the work under contracts being performed by the Contractor, the condition of the performance of such. contracts and payment of accounts. 23. TERMINATION. This GIA is a continuous agreement which remains in full force and effect until germinated as provided herein. Termination may be effected by the Indemaitors or by any one of them as to itself upon thirty days' written tiodce sent by registered or certified mail to the Surety at John Deere Insurance Company do John Deere Specialty Managers, 10 Stanford Drive Farmington, CT 06022, Arm: Surtry Program Manager, but any such notice of termination shall not operate to modify, bar, discharge, limit, affect or impair the obligation of the Contractor or any of the Indemnitors hereunder on or by rc=ii of any such Bond executed prior to the end of the thirty day notice period (i) upon the award of a contract to the Contactor on a bid or proposal Bond or similar undenakitig prior to that date, or (ii) which the Surety has become obligated, prior to that date, uo execute. Further, such notice of termination shall operate only with respect to the parry that submitted a notice of termination. 24. MODIFICATION. This GIA may not be changed or modified orally. No change or modification shall be effective unless specifically agreed to in a writing signed by an officer of the Surety. Neither the Contractor nor the Indemnitors shall assign this GIA without such express written consume of rho Surety as provided herein. 25. RIGH'T'S OF TSE SURETY. All rights and remedies of the Surety under this GIA shall be cumulative, and the exercise of or failure to exercise any particular right or remedy at any time shall not be considered to be an elecdoa of remedy or a wsiver of any other right or remedy. The rights, powers and remedies afforded the Surety by the terms of this GIA are is addition to, and not in lieu of, any and all other rights, powers and remedies which the Surety may have or acquire against the Contractor and/or Indemnitors or others, whether by the terms of any other iiMn,ment or agreement or by operation of law. 26. GOVERNING LAW. This GIA shall be governed by, construed and enforced in accordance with the laws of the St= of Cormecticut without regard to its principles of conflicts of laws. 27. CONFESSION OF THE JUDGMENT. WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THIS AGREEMENT, THE UNDERSIGNED CONTRACTOR AND INDEMNITORS HEREBY JOINTLY AND SEVERALLY IRREVOCABLEY AUTHORIZE AND EMPOWER ANY ATTORNEY OF RECORD OR PROTHONOTARY OR CLERK OF ANY COURT IN ANY JURISDICTION TO APPEAR FOR ANY OR ALL OF THEM AT ANY TIME OR TIMES IN ANY COURT WITH RESPECT TO ANY SUMS DUE UNDER THIS GIA. WITH OR WrMOUT DECLARATION FILED AS OF ANY TERM, AND TO CONFESS OR ENTER JUDGMENT AGAINST ANY OR ALL OF THEM FOR ALL SUCH SUMS PAYABLE UNDER THIS GIA AS EVIDENCED BY AN AFFIDAVIT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SURE'T'Y SETTING FORTH SUCH AMOUNT DUE, PLUS REASONABLE ATTORNEYS' FEES. COST OF SUIT, INTERES'T', WITH RELEASE OF PROCEDURAL ERRORS AND WITHOUT RIGHT OF APPEAL. IF A COPY OF THIS AGREEMENT, VERIFIED BY AFFIDAVIT, SHALL BE FILED, IT SHALT. NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY. THE UNDERSIGNED JOINTLY AND SEVERALLY WAIVE THE RIGHT OF ANY STAY OF EXECUTION AND THE BENEFIT OF ANY AND ALL EXEMPTIONS TO WHICH THEY MAY NOW OR MAY HMMk= BE ENTITLED UNDER LAW. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO BRING AN ACTION OR CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER TO BRING AN ACTION OR CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER BUT THE POWER SHALL CONTINUE UNDIMINSHED AND MAY BE Pttge 5 of 8 VI/VZ/ZVU[ Uy:*D .t AA SOU ar4 OiU4 FUR UN 1N ERNATIUNAL NE 4 007/011 iraii:c=- X--X c=C.Jmcanr Cnaal [ud==rf p.vc=Cnc H. CISED FROitit TIDKIE TO T24E AS OF-L=4 AS SUREE: i'e SMUL E=. 'Lr?-=-R BEFORE CR D EyL?'tD iS IYL- .D E. UNZ -I, L AJ-L SUtWS ? a Y 4.BL E TO 7HE SURETY L•"ND ER i - GL-1 !La V= 3E:--N PAM (i f ?,lL=_ R[GNT TO A iU:_k Pi (G BE-FORE :L-i Gtitt'NT IS COy=tESSED. LEV7, kti-D =tiCJi?OY lei?-D E. 3U T DOES SO =:Z Y UND VOL U-L' r'_R.L _ GY T-xUS 3liSL`f-cSS 73-AiYSACTION- 13. C ON5nT k'nON WITS C OUti'Sm. The Conw-c-mr and d= iade-...nitar; =d nt c.,c ?c aas ase he opcoramicv to ro•?iew dais GFr+. with parsei of its ova czaice oe:or c=...ramg a ark. d= b= GiA ?=Qwiag c to cC 3 [cZ31 dccumesc and irir- .fiin m ce :round thCav. 39. s?'T3TION5.. Try CoN-L xi .i C T OR AND THE IYDEW47ORS REPRESZN TO THE STUR.E1 Y HAT TREY Ii?`IE READ THE EVTIRR GLa kND TriAT TF-DERE A P = NO 0_= AGcU_-viS OP, 1NDERSTAu`rDIitiGS, ORAL. OR WR!'I-IMV. WMC3 IN `rY wAY moDary, C.4xv c. OR VT17r?ic Tr-..-- & SE-11 FORTH E3E2=1 , EX =z- TO TIHE != MNT ANY SLCH AGREENI NTS A• - E,TRF_S5LY '.Er HRENC = D .c'.F. EIN. IN WTIYESS WHEREOF, we nave se•- our am3ds and sezls this 17th day of August 1999. COiti MACTOR(S) =arcoradod): Mercy-Douglass Corporation I 3y: I :ormraaon): V__ 23-2222220 T•at M.;: _ Seal: Ta.; M . : ?-:siacu r ,Sr ?W i r ?zrcr gam. , :dividuai or 10=dc:orshio>: T ax m .4 I ,Oarn? Am=[. Tax M .10- P24= oai3 ^11/02/2002 n9:55 FAX 860 674 8104 FORCON INTERNATIONAL NE Z008/011 J c= 6J4=,c 1A3L3t3n= L =J::Xn y Gaorral tndcaaay Argr=ncnn INDIV MU,kL M&NO i, ORS ndc-=i wr (Type):. Sigaanire: ?ddr?s: iS wimcss: odcaaiwr (Type): sigaa=e: 5,?: Wtmcu: zdemaicor (Type): Signature: Lddrrss: S,: 'Nitaess: CORPORATE I"LNZTMR tdcmaimr (Corgoradon): Mercy- s J. Wi o Y? lass Human Services'Paz ID j: 23-74224986 Corporation seai: cutive Vice President CORPOR3TL A=O` LEDGZQLN- T(,Ti Sate of G.+?yy1??,,,,- COMUv of - $ 0--1,,(5946 ,- a dus 4.-A_ day o r 19991 otlaiIy ca= ,-fare me. James J_ Wilson Mercy--Douglass uman Sery' g r ?C?' +Ulowu co be the 6=.sons -no e„e -mcd die 56mgoiag and a =wie_=ed dmc .ev iari tae sntaartty ca a ;e?-;.re ;he ;ame as :se sc: of said a?or?uaoa. c : tomrv ?•;aiic My Ca :oa E.-mires State of U ?n ??-,/v,,w? A- Caumev of --r t dris J2& day of !I-39Y =.Iowidy csme x.-"ere =e. James J. Wilson Mercy-Douglass COrporati,otale ?=wa w be die oc:=ons wQO ??ec-? te, formSaing and =?=owieddgad tar v a= d1e mitoncv co exe•.-= :he same as die = of saki ca=rudou. Sea! Vacarr °': aiie ytf C an=i=on =rwires Notarial Seal April Wade, Notary Public Philadelpphia, Philadelphia County My f"omm(csion Expires April 16, 2001 pr"nsvlvania Aesoc+alirm of Notarles °zssc 7 of 3 vii vt/ Gvv4 va : ov rt%_& oou o i 4 oivY rUKUUN 1N'1'r;HNIJUNAL NE A DMIVMUAL TNDEAINPTORS to 009/011 au :l Ld+gcl :: 4L;3t1r37R:C G=c ai indcmn=y AgrztMem de=mtor (Type): Si?auzre: ddr=- iX: Wit1=S: dcanitor (Type): SigU2MM: )dress 4- Witness: Seak fcmaitor (Type): Sig==C: ldrrss- Witness: CORPORATE INDEZPZ71OR emnimr(Cargorrim): Mercy--Douglass Cen ;-.J_. Wi1Son, tine Vice President Tax M ),t- 22-2439904 CORPORATE A=;OV=GMN=(Si StareoC ?Gr1hSaIJN.,v?- CJngvof ;,?L@' mis ?h! day or 144C3onaiIy ame before o1c. James J. Wilson Mercy-Douglass Center, Inao me mown w be the genoas wdo, =.e=-:re :ae 'ore3oiug and ac?zowicrged daac r had tap aumodr/ :o die same as cee = of said corporation. c? Noczv ?:biic My CJn" ss oa Gmires Scam of „f Caunry or 213 AL-_ ddY OI _ /4u,.A -=7o=iIy c=c Yore Me. ro me ;=o co be the ee=ous -do :he mrcgomg and icyrowic--g= d3ac had d3c m1hunry co ::ec_Tr- :he same u :he art of said corporation. Page 7 of 3 No p? tad2ll Seel Phi 8 r,6 P48- Phd 0Pe Coun MV ??nrn,ssion Expires April 16. 2001 Sri `tvcirr a:?iic ytv ..mWission =direr Notadal Seal Aril Wade, Notary Pubic i Philadelphia, Philadel County MY Commission Expires April 16, 201 nFar?ne; PIIMSvhMm 4sswalian of Notaries 01/02/2092 90:56 FAX 850 674 81134 FUECUN IN'l'k:"NI'lUNAL NE wiUlu/ U11 Ge=al I=tMMnMy Ag =cnt I MDrMUAI.IIYD& ITORS i ei mitor ( T vpc): 5iguatritz: isn't, _ witacss: _ ndemminor (Type): Sigial : ?ddras• ;SIB. witness: -ld-aa;tar rype): Sip=a: ,ddr=: SR: wimcsa: CORPORATZ MEANTTOR x iror QC rporadon): Mercy-Douglass Center. Tn _ TT Taz TD 23-2767375 n? ?? r .: Seoi: es J. wft' son, pecutive Vice President r CORPORATE ,.CM.YOWLEDGZ r4L- IT(Si Stara or COUM of rnis day or?"'? L99? ^G•sotlaily Mme ?e:ore me, James T. Wilson Mercy-Douglass Center.Inao me Bmovm :o be rte r.,c=a s who ezccared to foregoing and ac=owie-zcd tat 7 imd tae znthOrilV co r_- •e he Same ss c sc: of said corceraaou. Se :i Notary ?upile y(y Cat?isrrApcil Notarial Se?Pu>>< IPW Wade, Notary County / , A J adelptue. Phlteda 16, 2pp1 State t)i 14,1 ^ CJUIIty at' Q' /?/ i,, L??0.JCl+7mmission Expites APB ?va MqC Cj"'-A ,t ?Ifales this ?_ day or ! 99? tht 1 nn w co me ?motun to be he moans -,vbo to -bregoin; and -ld= wie_,ee tat i i 34 the mLeacrity co the same as to :ac: of said COM10 tdou. Sc! Yotarr ?!Ibiic My CJm*• =cu =mires Notarial Seal April Wade, Notary Public Philadelphia. Philadelphia GOUntY My Commission Expires Apal 16.2001 Dpnw.-IH ro-9 esnNattnn tit NEib1A8i, page I a 3 01/02/2002 09:56 FAX 460 674 8104 FORCON INTERNATIONAL NE r 1'i rDI MUAL ZM E nv TORS f?!j011/411 Geaerai IadcMnay Agrm=cnt zdemmcor (i ypc1: Signa=c: .adre's: S,Y: Wm= : mde:maitar (Type): Si?atzttc: ddress: SP winuss: demnitar CType): Signantre: ddress: iR w'tmcss: demnicor CORPORATE MENI 'ITOR . Mercy-Douglass Human' 23-2079663 SPrvirpS Affi 1 into TaxID # cutive Vice President CORPOPATE dCEiYOWLEDG7,U-Yf0T(V) Sc= of Cou=v of ` " mis day of [99 :e-monatly c=ae ae:ore tee. James J. ? Wilson Mercy-Doug l s Human SBrSLi X „ w me 'oiowa w be die pe_=0ns wao e=_-zed die ;ormpmg and ac=awtc-_ged ?.1C •r mad dic =Mority to Luc, ze :?ic =c as rc zc: of said c:omomaoa. Seri tarn ?+aiic my Cam^*tciq • Notarial Seal April Wade, Notary Public State of can! A 4-W 41 COttw o[ A, ".( 414= PhilQ&lphla, Philadelphia County MY Commission Expires April 16, 2001 his LIt_ day of =.onaily Mme c:are me. hAemher Pennsylvania ociatlon of Notarles co me 'mowu co be he persons wad exec....:= :he :orc oil and ac:owiciged r bid the and ency co e„=t= the same 3.s the or said caroorldan. seat P•:b6c 1?tv Cj=--= =on ==ires I Notarial Seal II April Wade, Notary Pudic nN iadelphia, Philadelphia Count' c ,niroS April 16. 2001 ftge7&3 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com JOHN DEERE INSURANCE COMPANY VS. F11FDJFT!,k Th' p?{' iHONOTARY 2010 MAR -5 Ph 1: 09 Y Ct?M6 I_','j"111 Attorn4W3Y1 0 _.'1',,N Plaintiff, John Deere File#27700.4-00001 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MERCY DOUGLASS CENTER, INC.; NO. MERCY-DOUGLASS HUMAN SERVICES AFFILIATES; MERCY- CIVIL ACTION-LAW DOUGLASS CORPORATION, INC.; MERCY-DOUGLASS HUMAN SERVICES CORPORATION; MERCY-DOUGLASS CENTER, II, INC.; and MERCY-DOUGLASS CORPORATION CERTIFICATE OF ADDRESSES OF DEFENDANTS Mercy Douglas Center, Inc. II 4400 West Girard Avenue Philadelphia, Pennsylvania, 19104 Mercy Douglas Center, Inc. 4400 West Girard Avenue Philadelphia, Pennsylvania, 19104 Mercy Douglas Corporation, Inc. 4508-38 Chestnut Street Philadelphia, Pennsylvania, 19139 Mercy Douglas Human Services Corporation 4508-38 Chestnut Street Philadelphia, Pennsylvania 19139 Mercy Douglas Human Services Affiliates 4400 West Girard Avenue Philadelphia, Pennsylvania 19104 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com JOHN DEERE INSURANCE COMPANY VS. MERCY DOUGLASS CENTER, INC.; MERCY-DOUGLASS HUMAN SERVICES AFFILIATES; MERCY- DOUGLASS CORPORATION, INC.; MERCY-DOUGLASS HUMAN SERVICES CORPORATION; MERCY-DOUGLASS CENTER, II, INC.; and MERCY-DOUGLASS CORPORATION Attorneys for Plaintiff, John Deere File#27700.4-00001 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL ACTION-LAW NOTICE OF JUDGMENT TO: Mercy Douglas Center, Inc. II 4400 West Girard Avenue Philadelphia, Pennsylvania, 19104 Mercy Douglas Center, Inc. 4400 West Girard Avenue Philadelphia, Pennsylvania, 19104 Mercy Douglas Corporation, Inc. 4508-38 Chestnut Street Philadelphia, Pennsylvania, 19139 Mercy Douglas Human Services Corporation 4508-38 Chestnut Street Philadelphia, Pennsylvania 19139 Mercy Douglas Human Services Affiliates 4400 West Girard Avenue Philadelphia, Pennsylvania 19104 You are hereby notified that Judgment has been entered against you in the above- captioned case. Confession of Judgment Date: Prothonotary I hereby certify that the name and address of the proper persons to receive this notice is: Mercy Douglas Center, Inc. II 4400 West Girard Avenue Philadelphia, Pennsylvania, 19104 Mercy Douglas Center, Inc. 4400 West Girard Avenue Philadelphia, Pennsylvania, 19104 Mercy Douglas Corporation, Inc. 4508-38 Chestnut Street Philadelphia, Pennsylvania, 19139 Mercy Douglas Human Services Corporation 4508-38 Chestnut Street Philadelphia, Pennsylvania 19139 Mercy Douglas Human Services Affiliates 4400 West Girard Avenue Philadelphia, Pennsylvania 19104