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HomeMy WebLinkAbout11-3595i.!° LD--0FF1CE BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 ,r,Ll"IDE.RLf"AND CDUNTY 'N' SYLVANIA Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. I I. 35as ej h ? CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance $26,555.41 Interest to and including 3/08/11 550.85 Late Fees 111.55 Misc Fees 130.00 Attorneys' Fees 2,710.63 Total $30,058.44 Interest continues to accrue at the per diem rate of $5.35 from March 8, 2011. 3168668 BARL DER LL By: William kider, olby, Jr., squire Troy Esquire Attorneys for Plaintiff Q S70- a LE_D-CFr ICE w r +? 2CTf 10N0TAR II1' ! 33 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1 '°DERLAND COUNTY - PENNSYLVANIA Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11 .35,95 6A I COMPLAINT CONFESSION OF JUDGMENT 1. The Plaintiff, Susquehanna Bank, is a banking corporation maintaining an address of 307 International Circle, Suite 600, Hunt Valley, MD 21030. 2. The Defendant, Chad W. Gelsinger, is an adult individual with a last known address of 1304 Norway Maple Court, New Cumberland, PA 17070. 3. On September 25, 2008, for value received, in connection with a commercial loan, and not a consumer transaction, WCG Investors, L.L.C. (the "Business"), issued to the order of, and delivered to the Plaintiff a certain Promissory Note (the "Note"), pursuant to which the Business promised to pay the Plaintiff the principal amount of Twenty-eight Thousand Dollars ($28,000.00), plus interest and late fees thereon as therein provided. A true and correct copy of the Note is attached hereto, made a part hereof, and marked Exhibit "A." 3168668 4. As security for the payment and performance of the obligations of the Business under the Note, the Defendant executed and delivered to the Plaintiff a certain Commercial Guaranty (the "Guaranty"), dated September 25, 2008; a true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "B." A true and correct copy of the Disclosure for Confession of Judgment is attached hereto, made a part hereof, and marked Exhibit "C". 5. The Business defaulted under the terms of the Note because it failed to pay the monthly payments due Plaintiff under and pursuant to the Note from December 25, 2010, and monthly thereafter. 6. As a result of the default of the Business under the Note, the Plaintiff enters judgment against the Defendant. 7. Judgment has not been entered on the warrant of attorney contained in the Guaranty in any jurisdiction. 8. The Guaranty has not been assigned, and the Plaintiff remains the holder hereof. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. An itemization of the amount due and owing to the Plaintiff by the Defendant under the Guaranty, as of March 8, 2011, is as follows: Principal Balance $26,555.41 Interest to and including 3/08/11 550.85 Late Fees 111.55 Misc Fees 130.00 Attorneys' Fees 2,710.63 Total $30,058.44 3168668-1 2 Interest continues to accrue at the per diem rate of $5.35 from March 8, 2011. 11. The warrant of attorney contained in the Guaranty provides for confession of judgment against the Defendant for the amounts itemized as set forth in Paragraph 10 above. WHEREFORE, the Plaintiff, prays your Honorable Court to grant judgment in favor of the Plaintiff and against the Defendant in the sum of Thirty Thousand Fifty-eight Dollars and Forty-four Cents ($30,058.44), plus interest at the per diem rate of $5.35, from March 8, 2011, continuing monthly late fees, and costs of suit. BARLEY SNYDER LL By: l ' William F olby, Jr., Esquire Troy ider, Esquire Attorneys for Plaintiff 50 North Fifth Street; P. O. Box 942 Reading, PA 19603 Telephone: 610-376-6651 I.D. # 46880; I.D. # 206319 3168668-1 Susquehanna Susquehanna Bank In the boxes above are for Borrower: WCG Investors, L.L.C. 275 Cumberland Pkwy 11101 Mechanicsburg, PA 17055.5677 PROMISSORY NOTE crlj end des not Iknlt ilea ap-p .9 has bean omitted d Lender: this document to any paNcular ban or Item. Susquehanna Bank PA Walnut Sodom Road 1196 Walnut Bottom Road Carlisle, PA 17015 P rincipal Amount: $28,000.00 Data of Note: September 25, 2008 PROMISE Untied States TO of Y. WCO Investors, L.LC. ("Borroweel promises to pay to Susquehanna Bank PA ("Lender) or order, in lawful money of the principal balance from m4 the principal amount it id In full. Thousand 6 OONO0 Dollars ($28,000.00), together with Intere at on the unpaid September 255, , 2008, until paid In full PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower win pay this ban In accordance with the following payment schedule, which calculates Interest on the unpaid principal balances an described In the "INTEREST CALCULATION METHOD" paragraph using the interest rates described In this paragraph: 60 monody consecutive principal and Interest payments In the Initial amount of $223.07 each, beginning October 25, 2008, with Interest calculated an the unpaid principal balances using an inhrast rah of 7.250% per annum based on a year of 360 days; 179 monthly consecutive principal and Interest payments In the Initial amount of $206.02 each, beginning October 25, 2013, with Interest calculated on the unpaid principal balances using an Interest rate based on the, Prime. Rate as published In the Money Rates section of the Wall 80*9 Journal. When a range of rates has boom published, the higher rata will be used (currently 5.000% plus a margin of 1.000 percentage points, resulting In an Initial Interest rite of 6.000% per annum based on a year of 360 ) principal and Interest payment of $204.72 on September 25, 2026, with Interest calculated on the, unpaid principal balances using an Interest rate based on the Prime Rat as published.in the Money Rates section of tla Wall Street Journal. When a range of rates has been published, the higher rate will be used (currently 5.000%), plus a margin of 1.000 percentage points, resulting In an Initial Interest rate of 6.000% per annum based on a year of 360 days. This estimated final payment Is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment wIB be for aft principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or "[red by applicable law, payments win be applied to accrued unpaid billed interest, then to principal and any remaining amount to any unpaid collection costs end late charges. Borrower will pay Lender at Lenders address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE The Interest rate on this Note to subject to pendent index change from time to time based an changes in an Inds which Is the Prime Rate as published In the Money Rates section of the Wan Street Journal. When a range of rates has been published, the higher rate will be used (the 'Index"). The Index Is not necessarily the lowest rate charged by Lender on Its bans. If the Index becomes unava8eble during the term of this ban, Lender may designate a subsdkAe index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrowers request. The Interest rate change will not occur more often then each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 5.000% par annum. The Interest rate or rata to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein In the 'Payment action. Notwithstanding any other provision of this Note, after the first payment stream, the Interest rate for each subsequent payment stream will be affective as of the last payment date of the Just-ending payment stream. NOTICE: Under no circumstances will the Intered rate an this Nate be more than the maximum rate allowed by applicable law. Whenever Increases occur In the Interest rate. Lender, at Its option, may do one or more of the following: A Increase Borrowers payments to ensure Borrowers loan will pay off by its original final makty date. (B) Increase Borrowers payments to rover accruing Interest, (C) increase the number of Borrowers payments, and (D) continue Borrowers payments at the same amount and Increase Borrowers final peymwL INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 565f360 basis; that Is, by applying the ratio of the Interest rate over • year of 360 days, mulOpned by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All Interest payable under this. Note Is computed losing this method PREPAYMENT; MINIMUM INTEREST CHARGE Borrower agrees that all ban fees and other prepaid finance charges are earned fully as of the date of the kiln and will not be subjed to refund upon early payment (whether voluntary or as a result of default), except as otherwise required bylaw. In any evert, even upon futi prepaymeM of tine,Note, Borrower understands that Lender is entitled to a minimum Interest charge of $25.00. Other than Borrowers obligation to pay any minimum Interest charge, Borrower may pay without penalty, aall or a potion of the amount owed eadler than it Is due. Early payments will not, unless agreed to by Larder In writing, relieve Borrower of Borrowers obhgadon to continue to make payments under the payment schedule. Rather, early payments will reduce the making fewer payments. Borrower agrees not to tend herder pate marked "paid principal balance due and may rant Borrowers Borrower sends such a payment, Lender may accept R without losing any cf Lenders rights rights s unnder der thhis s Note, anti Bo No and Sorre',. or sho if in er l language. obligated ower w win rosin to pay any furtfher arraunt owed to Lender. All written camrmnlatlorhe concerning disputed amounts, khdudkhg any check or other payment payment inabument that Indicates that the payment constitutes 'payment In full of the amount owed or that Is tendered with other conditions or nmitatlona or as fug satisfaction of a disputed amount must be mated or delivered to: Suequehanhe' Bank PA do Loan Operations, P.O. Box 2000 Utk PA 17543-7030. LATE CHARGE If a payment is 10 days, or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the Interest rate an this Note shall be Increased by adding d-W atlhat?waAdP breve ant maryln ('Default Rate Margin'). Thus Defeat Rats Marykn shah Nso appy Eo each euooesdlnp interest rate appfied had there been no defauk After maturlty or after this Note would thew matured had there boa no default the Default Interest will R Margin will oxntlnus te appty te the final Interaat rate desoxbed In fhb Notes. K Judgment b entered M cannsdbih with this Note, continue to aoxxue after glee date of lud9ment at the rate In effect at the time judgment b entered. However, In no event will the Interest rata exceed the maximum Interest rate Iimitetlons order applicable law. . DEFAULT. Each of the following shall constitute an event of default ('Event of Defelt) under this Note: Payment Default. Borrower falls to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other tern, ob0gatkn, covenant or condition contained In this Note or In b any of t Landaus B morrows or to comply with or to perform any term, obligation, covenantor condition beMelned In any other agreement Default In Favor of Third Parties. Sommer or any Grantor defaults under any ban, extension of credit security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Bemowees property or Borrowers ability to repay this Note or parlbrm Borrowers obligations under this Note or any of the related documents. False SfatarMnts. Any warranty. representation or statement made or furnished to Lender by Borrower or an Bwowees behalf under this Note or the related documents Is false or misleading In any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrowers existence as a going business or the death of any member. the Insolvency of Borrower, the appointment of a receiver for any part of Borrower's properly, any assignment for the benefit of creditors, any type of creditor workout or the commencement of any proceeding under any banknuptry or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings. whether by judicial proceeding., set-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any coNateral securing the ben. This Includes a garnishment of any of Borrowers scoounts. Including deposit accounts, with Lender. However, this Even( of Detaufi shah not apply if there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfelture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surely bond for the creditor or forfeiture proceeding, In an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. PROMISSORY NOTE Loan No: 10005622187 (Continued) Page 2 Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liabilityunder, any guaranty of the Indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note Is Impaired. Insecurity. Lender In good falth behaves itself Insecure. Cure PmAsions. If any default, otar than s default In payment Is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) month, ft may be cured U Borrower, after receiving written notice from Lender demanding cure of such default (1) cvras the dsfatdt within fifteen (16) days; or (2) U the cue requires more than fifteen (15) days, Immediately Initiates steps which Lender deems In Landers sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary Mops sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable low, declare the entire unpaid principal balance under this Note and all accrued unpaid Interest immediately dua, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lander may hire or pay someone On to help collect this Note U Borrower does not pay., Borrower will pay Lender that amount This Includes, subject to any limits under applicable law, Lenders reasonable attorneys' fees and Lenders legal expenses, whether or not there Is a lawsuit, Including reasonable aftomeys' fees, expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), and appeals.. If not prohibited by applicable law, Borrower also will pay any court costs, In addition to all other sums provided by law. GOVERNING LAW. This Note will be gowmad by federal law applicable to Lander and, to the extent not preempted by federal taw, the laws of the Commonwealth of Pennsyvania without regard to Its conflicts of law provisions. This Note has been accepted by Lander In the Commonwealth of Pennsylvania. CHOICE OF VENUE N there Is a lawsuit, Borrower agrees upon Lenders request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law. Lender reserves slight of setoff In all Borrowers accounts with Lender (whether checking, savings, or some other account). This Includes all socouMs Borrower halls jointly with someone eise and all accounts Borrower may open In the future. However, this. does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower audwdzes Lender, to the extent permitted by appNable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's optkm, to adminlstradvely freeze oil such accounts to allow Lander to protect Lenders charge and setoff rights provided In this paragraph. COLLATERAL Borrower acknowledges this Note Is secured by the following collateral described In the security Instruments hated herein, (A) an Open-End Mortgage dated September 25, 2008, to Lender on real property kxated in Schuylkill County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located In Schuylkill County, Commonwealth of Pennsylvania. SIGN AND ADVERTISING. At Lenders request, Borrower ahall place a sign at a location an the property satisfactory to Lander, which sign shah rocks, among other things, that Lender is financing the project. Borrower expressly sudlorlm Lender to Include the project and Lender's role in financing the project In news releases and such other advertising as Lender may elect, during the project term and thereafter for a period not to exceed one year. This authorization shah Include any photographs, film or elecbodc Images of the project or Borrowers ropmeentodoes made in 00nnettlon with the protect and Permits Inclusion of the temps of the project financing In arty media selected by Lander Including electronic or Internet communications. This provision shall not be construed to require Lender to, advertise the project or to Include It In any media presentations. The consideration hereunder is agreed to be spphcable to this provision; no additional compensation shah be due to Borrower for any sign or advertising by Lender. SHARING OF ACCOUNT INFORMATION. The Lender and the companies in the Susquehanna Bancehores, Inc, family offer a full range of valuable financial services. We can better serve your needs by alndng you account Information within our corporate family. The Borrower outhorLm the Lender and the companies that comprise the Susquoluil" Bancshares, Inc, corporate family to disdose to any of Susquehanna Bancshares, Inc. existing or future subsidiaries, affihstes, and etsigra, and to any potentie assignee or transferee. any kdon, nduding information received from third Pomona) In or retailing to Q) the Borrower, (In this khan. (B) any other loam you have previously obtained or may from time to time obtain frorn us or any of the Susquehanna Bancshares, Inc. family of companies In the future, and pv) any other accounts of any type or nature and other relationships the Borrower has Previously established or may from time to time establish with any of the Susquehanna Bancshares, Inc, family of companies In the future. BORROWER'S FINANCIAL STATEMENTS. As soon as available, but In no event later than one hundred twenty (120) days after the end of each flspl year, Borrower's balance sheet and Income statement for the year ended, prepared by Borrower. As soon as available but In no event later than thirty (30) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax retums, prepared by Borrower. SUCCESSOR INTERESTS. The terns of this Note shah be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors and assigns, and she# Inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. U any part of this Note. cannot be enforced, this foot will not effect the rest of the Note. Lender ma dela or for o enforcing any of its rights or remedies under this Note without y Y ro this Note, to the extent showed law, waive losing them. psBorrower ry other parson who signs, guarantees r sof of this Note, and unless otherwise presentment, demand or , and notice notice of dishonor. Upon any lunge in the terms this expressly stated In writing, , no party who signs who signs this this Note, whether as as maker, guarantor, acoommodatlon maker or endorser, shell be released from Nobility. All such parties some that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fah to realize upon or perfect Lenders security interest In the collateral; and take any other action deemed necessary by Larder without the consent of or notice to anyone. AN such parties also agree thot Lender may modify this ban without the consent of or notice to anyone other than file party with whom the modification is made. The obligations under this Note are joint and several. If arty portion of this Note Is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. . CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE C?tAR EN AND ANY AND AL OF SUIT, AND AN L AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS RNEYS COLLECTION, ATTN OANY EVENT COMMISSION T LESS THAN FIVE UH ND(1RED)DOOOF THE LLAARS UNPAID WH CH JUDGMENT OR ACCRUED JUDGMENTS ONE FOR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER 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 NOTE. BORROWER HEREBY WANES ANY RIGHT BORROWER 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 JUDGME REPRESENTED BY NT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN INDEPENDENT LEGAL COUNSEL The lien adakg from any judgment confessed or antered pursuant to the foregoing authority shah not extend to any of Borrower's residential reel property as that term Is defined In the PenneylvaoieAct of January 30, 1974 (Pa. Laws 13, No. 6), referred to as the Loan Interest and Pratsedon Law, as amended, and the holder of any judgment corfasaed or entered Pursuant to real property; the forgoing authority shah not, In enforcement of any such Judgment axecuta, levy or otherwise proceed against any such thereof shah b' how°v°r' Mat the lion of such judgment shah extend to such residendal real property and that the holder permitted to. execute, levy or proceed against such residen6e real property from and after the entry of a judgment as contemplated by Section 407 of such Loan Interest and Protection Law and Rules 2981 to 2986 of the PennrylvaNa Rules of CIvN Procedure , or successor or similar statutes end rules. No limitation of lien or any exeaAlon,"a other enforcement contained In the Immediately preceding sentence shaft apply with respect to any Judgment obtained other than by the foregoing authority to confess or enter judgment. PROMISSORY NOTE Loan No: 10005622187 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: WCG IIN?V?E?STTORS, L.L.C. E>LG+i.>r+G1? .t.''G^?lit? (Seaq By r seal) By.. WB la.m E Galsingag Member ?PlCG investors, Chad Geis ngs ember of WCG Invaston, LLC LL.C. N' •'?W?'QNILOI?R i,W?M IWi COMMERCIAL GUARANTY References in the boxes above are for Lenders use onlZ and do not limit the appilcabllity of this document to any particular ban or Item Any Item above containing " has been omitted due to text lenoth limitations. Borrower: WCG Investors, L.L.C. Lender: Susquehanna Bank PA 275 Cumberland Pkwy #101 Walnut Bottom Road Mechanicsburg, PA 17055-5677 1196 Walnut Bottom Road Carlisle, PA 17015 Guarantor: Chad W. Gebinger 150 Highland Circle Efters, PA 17319-9371 GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Nola and the Related Documents. This Is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, In legal tender of the United States of America, In same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. INDEBTEDNESS. The word 'Indebtedness' as used In this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid Interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable attomeys' tees, arising from any and all debts, liabilities and obligations that Borrower Individually or collectively or Interchangeably with others, owes or will owe Lender under the Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and substitutions of the Note and Related Documents. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or Invalidate any such other guaranties. Guarantors liability will be Guarantors aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue In full force until all the Indebtedness shall have been fully and finally paid and satiafled and all of Guarantors other obligations under this Guaranty shall have been performed In full. Release of any other guarantor or termination of any other guaranty of the Ihdebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise charge one or more times the time for payment or other terms of the Indebtedness or any pert 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 loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any such security, with, or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrowers sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and dlred the order or manner of sale thereof, Including without limitation, any nonjudidal sale permitted by the terms of the controlling security agreement or deed of Wet, as Lender in Its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty In whole or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or quality in any way the terms of this Guaranty, (B) this Guaranty is executed at Borrowers request and not at the request of Lender, (C) Guarantor has full power, right and authority to enter Into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result In a violation of any law, regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantors assets, or any Interest therein; (F) upon Landers request, Guarantor will provide to Lender financial and credit Information In forth acceptable to Lender, and all such financial information which currently has been, and all future financial Information which wilt be provided to Lender Is and will be true and correct In all material respects and fairly present Guarantors financial condition as of the dates the financial Information Is provided; (G) no material adverse change has occurred In Guarantors financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantors financial condition; (H) no litigation, calm, Investigation, administrative proceeding or similar action (Including those for unpaid taxes) against Guarantor Is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower, and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis Information regarding Borrowers financial condition. Guarantor agrees to keep adequately informed from such means of any fads, events, or circumstances which might in any way affect Guarantors risks under this Guaranty, and Guarantor further agrees that Lander shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but In no event later than one-hundred-twenty (120) days after the end of each fiscal year. Guarantors balance sheet and Income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but In no event later than thirty (30) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared In accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Excepf as prohlbited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower, (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or noneetion on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, Including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the temps, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lenders power, or (G) to commit any act or omisslon of any kind, or at any time, with reaped to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral Including, but not limited to, any rights or defenses 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 dalm for deficiency, against Guarantor, before or after Lenders commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantors subrogation rights or Guarantors rights to proceed against Borrower for reimbursement, Including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrowers liability from any cause whatsoever, other than payment In full In legal tender, of the Indebtedness; (D) any right to calm discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor Is commenced, there Is outstanding Indebtedness which Is not bared by any applicable statute of limitations; or (F) any defenses given to guarantors at law or In equity other than actual payment and performance of the Indebtedness. If payment Is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrowers trustee In bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. El?I?IT B COMMERCIAL GUARANTY Loan No: 10006622187 (Cont111Ued) Page 2 GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of is significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver Is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all Guarantors accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds If there Is a default, and Lender may apply the funds In these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION 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 have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be pad to Lender and shall be first applied by Lander to the Indebtedness. Guarantor does hereby assign to Lender all dalms which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower, provided however, that such assignment shall be effective only for the purpose of assuring to Lander full payment In legal tender of the indebtedness. If Lander so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall 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 Lander deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part 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 shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Attomeys' Fass; Expenses. Guarantor agrees to pay upon demand all of Landers costs and expenses, Including lenders reasonable attorneys' fees and Lenders legal expenses, Incurred in connection with the enforcement, of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement Costs and expenses include Landers reasonable attomeys' fees and legal expenses whether or not them Is a lawsuit, Including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shag pay all court costs and such additional fees 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 law applicable to Lander and, to the extent not preempted by federal law, the Is" of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Choice of Venue. If there Is a lawsuit, Guarantor agrees upon Lenders request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. 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 Guarentoes attorney with respect to this Guaranty; the Guaranty fully reflects Guarantors Intentions and parof evidence is not required to Interpret the terms of this Guaranty. Guarantor hereby Indemni les and holds Lender harmless from all losses, claims, damages, and costs (Including Landers attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there Is more than one Borrower or Guarantor, then all words used In this Guaranty in the singular shell be deemed to have been used In the plural where the context and construction so require; and where there Is more than one Borrower named In this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and 'Lender" Include the helm, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the neat of this Guaranty will not be veld or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, It Is not necessary for Lender to Inquire Into the powers of Borrower 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. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally 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 beginning of this Guaranty. Any party may change 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 change the party's address. For notice purposes, Guarantor agrees to keep Lender Informed at all tines of Guarantors current address. Unless otherwise provided by applicable law, if there Is more than one Guarantor, any notice given by Lender to any Guarantor Is deemed to be notice given to all Guarantors. No Waiver by Lander. Lender shall not 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 part of Lender M exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Landers rights or of any of Guarantors obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent Instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantors heirs, personal representatives, successors, and assigns, and shall be enforceable by Lander and its successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the following meanings 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 shall Include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The word "Borrower" means WCG Investors, L.L.C. 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. Guarantor. The word "Guarantor" means everyone signing this Guaranty, Including without limitation Chad W. Gelsinger, and in each case, any signers successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word 'Indebtedness' means Borrowers indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lander" means Susquehanna Bank PA, Its successors and assigns. Note. The word Borrower to Lander, together with h all renewals of, extensions oft modifications 0of, refinancings In the original principal amount of $28,000.00 from the promissory note or agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. COMMERCIAL GUARANTY Loan No: 10005622187 (Continued) Page 3 CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR 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 ENTIRE 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 SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN 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. The lien arising from any judgment confessed or entered pursuant to the foregoing authority shall not extend to any of Guarantors residential real property as that tens is defined in the Pennsylvania Act of January 30, 1974 (Pa. Laws 13, No. 6), referred to as the Loan Interest and Protection Law, as amended, and the holder of any judgment confessed or entered pursuant to the forgoing authority shall not, in enforcement of any such judgment, execute, levy or otherwise proceed against any such residential real property; provided, however, that the lien of such judgment shall extend to such residential real property and that the holder thereof shall be permitted to execute, levy or proceed against such residential real property from and after the entry of a judgment as contemplated by Section 407 of such Loan Interest and Protection Law and Rules 2981 to 2986 of the Pennsylvania Rules of Gvil Procedure, or successor or similar statutes and rules. No limitation of lien or any execution, levy or other enforcement contained in the Immediately preceding sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY 18 EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED SEPTEMBER 25, 2008. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: DISCLOSURE FOR CONFESSION OF JUDGMENT References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """' has been omitted due to text length limitations. Borrower: WCG Investors, L.L.C. Lender: Susquehanna Bank PA 275 Cumberland Pkwy #101 Walnut Bottom Road Mechanicsburg, PA 17055-5677 1196 Walnut Bottom Road Carlisle, PA 17015 Declarant: Chad W. Gelsinger 150 Highland Circle Etters, PA 17319-9371 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS ;v. DAY OF 200SC , A GUARANTY FOR A PROMISSORY NOTE FOR $28,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, i AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, 1 REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. / J" 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. i CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X ('0 "?- Seal) - AV Ch . Gelsinger IA4Bt RIO L-Ift. Vm 5.41.M0. Copy. ? FYWyiI SMN , M . IM, 2 . N RWft R . - PA H.UMA1MPAICFTLPLID55.FC iR 7" PRJI am C VERIFICATION Denise Aherne-Venzke verifies that she is the Assistant Vice President of Susquehanna Bank, Plaintiff in the within matter, that she is authorized to execute this Verification on its behalf, and that the facts set forth in the within Complaint are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3I M'U 0i Id, J, 0 q 1 L', Y? Denise Aherne-Venzke 3168629-1 F L; ?.;10THOT'l NOTA, 4 2011 PR 13 APB 9' 59 'C OERLAND COUNTY PENNSYLVANIA BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11.3 S q S CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, Troy B. Rider, Esquire, Attorney for the Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: The address of the Plaintiff, Susquehanna Bank, is 307 International Circle, Suite 600, Hunt Valley, MD 21030-1376. The last known address for the Defendant, Chad W. Gelsinger, is 1304 Norway Maple Court, New Cumberland, PA 17070. Respectfully submitted, BARLEY SNYDER LLC By: WilliPeider, Colby, Jr., Esquir Troy Esquire I.D. No. 46880; 206319 3168668-1 OF-F 1' R0TH0N0TA(;1 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 '011 ? 1, P 13 AN 9: ;: 9 'CUMBERLAND COUNTY PENNSYLVANIA for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. NON-MILITARY AFFIDAVIT COMMONWEALTH OF MARYLAND ss COUNTY OF 0 $ 1 t*01 0 rr Before me, the undersigned authority, personally appeared DENISE AHERNE-VENZKE, who being duly sworn according to law, doth depose and say that Chad W. Gelsinger, the Defendant, is not in the Military or Naval Service based on the following facts: Age of Defendant: Unknown Last known place of employment: WCG Investors, L.L.C. Last known place of residence: 1304 Norway Maple Court New Cumberland, PA 17070 as of the date of this Affidavit. J/ dleal.. 4 --P Ad j Al v J. - Denise Aherne-Venzke SWORN -O and sub r'b d before me this ZS day of G 2011. rwy P am Notary lic 3168668-1 MEGAN PALM Notary Public Baltimore County Maryland My Commission Expires Jul 22, 2013 ` i F IC ? TH0N0TA R BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, `911 APR 13 AM 9: b CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. AFFIDAVIT OF BUSINESS PURPOSE COMMONWEALTH OF MARYLAND ss COUNTY OF ?e Before me, the undersigned authority, personally appeared DENISE AHERNE-VENZKE, who being duly sworn according to law, doth depose and say that the Promissory Note and Commercial Guaranty which are the subject matter of this Complaint for Confession of Judgment for money damages was entered into solely for business purposes, and not for the purpose of any personal, household, family or residential uses, as of the date of this Affidavit. 0 di,, V,,,,A- Denise Aherne-Venzke SWORN TO and subs ibed before me t is day of Of A irr )A 92011. rv I LA. 1 U I ?Jdfm d1XW Nota blic F GAN PALM ary Public more County Maryland n Expires Jul 22, 2013 - - - - - - - - - - - - - 3168668-1 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 v. iCt. TH0N0TAl11; 0i1 PR 13 AN 9:59 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: CHAD W. GELSINGER DATE: APRIL 13 , 2011 A judgment in the amount of $30,058.44, plus interest at the rate per day rate of $5.35 from March 8, 2011, plus late fees and costs of collection has been entered against you and in favor of the Plaintiff, Susquehanna Bank, 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 3168668-1 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 Respectfully submitted, BARLEY SNYDER LLC By _-:Z(3 JA Troy B. er, Esquire Attorn y for Plaintiff 3168668-1 S'HERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICL- Sheriff ("T THE PROTHGNO T',"fF, y ???ut1, of ??ttn6rpf??? Jody S Smith Chief Deputy APR 20 PM 2: 00 Richard W Stewart CUMBERLAND C0 1JNT Y Solicitor OFD E , -F ;wdRIF€ PENNSYLVANIA Susquehanna B vs. CHAD W GELSI ink PA Sucessor to Community Banks NIGER Case Number 2011-3595 SHERIFF'S RETURN OF SERVICE 04/15/2011 08:5 PK- Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 15 201 , at 2055 hours, he served a true copy of the within Notice and Complaint in Confession of Judgment, upo the 'within named defendant, to wit: Chad W. Gelsinger, by making known unto himself personally, at 130 Norway Maple Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at th same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEP SHERIFF COST: April 18, 2011 00 SO ANSWERS, RON R ANDERSON, SHERIFF !C Coun',Suite Shenff, Teleo=oft. Inc.