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HomeMy WebLinkAbout11-3640E. L, P010THIONO TAR`( i1 ; ` 1t AM 10:4i 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 ;MBERLANQ COUNTY "ENASYLVANIA 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'am) CiYi t 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 $187,657.83 Interest to and including 3/08/11 4,008.64 Late Fees 612.96 Misc Fees 130.00 Attorneys' Fees 19.166.65 Total $211,576.08 Interest continues to accrue at the per diem rate of $35.19 from March 8, 2011. 3168345 BARLEY SNYDE C By: Willi . Colby, Jr., Esquire Troy B. Rider, Esquire Attorneys for Plaintiff Q? ?? . 50 ?I A ?J C L44 S178.?S Lk, AU4; lo.? " OFFICE' i1 4 U11 AM 14 A9r10: 4- 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 ;''3EFLA140 COUNTY r l-NNSYLVANIA 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. J _ 3?yd Cw.l 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 July 31, 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 Two Hundred Thousand Dollars ($200,000.00), 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." 3168345 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 July 31, 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 November 30, 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 $187,657.83 Interest to and including 3/08/11 4,008.64 Late Fees 612.96 Misc Fees 130.00 Attorneys' Fees 191166.65 Total $211,576.08 Interest continues to accrue at the per diem rate of $35.19 from March 8, 2011. 3168345-1 2 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 Two Hundred Eleven Thousand Five Hundred Seventy-six Dollars and Eight Cents ($211,576.08), plus interest at the per diem rate of $35.19, from March 8, 2011, continuing monthly late fees, and costs of suit. BARLEY SNYDER LL By: William Colby, Jr., Esquire Troy B. Rider, 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 3168345-1 3 Susquehanna -4v Susquehanna Bank PROMISSORY NOTE References in the boxes above are for Lender's use only` and do not limit the Any Item above containina " " has haven .. x e i w .e : C!?Di rat to any particular ban or Rem. BOrrOWer: WCG Investors, L.LC. Lender: Susquehanna Bank PA 275 Cumberland Parkway Plaza 101 Walnut Bottom Road Mechanicsburg, PA 17055 1196 Walnut Bottom Road Carl/Ie. PA 17015 Principal Amount: $200,000.00 08 PROMISE TO PAY. WCG Investors, L.L.C. Borrows prises Date of Note: lawful July on31, ey 20of the United States of America, the principal amount of oHundred Thooi sand 6 Susquehanna 0! 00 Dollars ($200,000 00), togeeth'er In with Interest on the unpaid principal balance from July 31,'2008, until paid In full. PAYMENT. Subject to any payment changes resulting from changes In the. Index, Borrower will pay this ban In accordance with the following payment schedule. 60 monthly consecutive principal and Interest payments In the Initial amount of $1,532.38 each, booming August 31, 2008, with Interest calculated on the unpaid principal balances at an Interest rate of 6.750% per annum; 179 monthly consecutive principal and Interest payments In the initial amount of $1,460.47 each, beginning August 31, 2013, with kderast calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rates section of the 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%; and one principal and kderest payment of $1,461.29 on July 31, 2028, with Interest calculated on the unpaid principal balances at an Interest rate based on the Prime Rate as published In the Money Rates section of the 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%. This estimated final payment is based on the assumption that all paymanls will be made exactly as scheduled and that the Index does no Note. Unless t change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this oth any to remaining amoerwise as rgreryed unpaid or required collection costs and ate, payments will be applied to accrued unpaid billed Interest, then to principal and that Is, by applying the ratio of the annual Iterest rote over a year charges. dThe ays, annual emultipllie d by the outstanding Is computed c a 365/360 bests; mult actual number of days the principal balance is outstanding. Borrower will pay Leader at Lender's address shoprincipal ove or such other place as the Lender may designee In writing. VARIABLE INTEREST RATE The Interest rate on this Note is subject to change from time to time based on changes In an Independent Index which is the Prime Rate as published In the Money Rates section of the Wall Street Journal. When a range of rates has been published, the higher rate will be used (the "Index"). The Index Is not neeesea0y the krwest rate unavailable during the term of this loan, Larder charged by Lowder an Its lochs. K the Index becomes Index rate upon Borrower's may designate a substitute Index after notifying Borrower. Leader will teal Borrower the cement uest. The more make loans based on other Ines as well.InThe Index cumntly will hl not o c5.000%rpar annum duan The each . Borrower eda that Lander may or nates to be applied Nolepal balance the this Note will be the rote or rates set forth heroin In the 'Peymenr section. Notwithstanding any to the unpaid other payment provision of this payment stream, the Interest rate for each subsequent payment stream will be elradtn as of that last Just-endkV payment stream. NOTICE: Under no circumstances will the Interest rate on this Note be more than the maximum rate adate of the llowed by applicable law. Whenever Increases occur In the Interest rate, Lender, at Re option, may do one or more of the following: (A) Increase Borrower's payments to ensure Borrower's ban will pay off by its original final maturity date, (B) Increase Borrower's to cover accruing Interest, (C) Increase the number of Borrower's payments, and (D) continue Borrower's Payments at the same Fo amo unt unt payments Borrower's final payment. and Increase PREPAYMENT; MINIMUM INTEREST CHARGE Borrower agrees that all loan fees and other prepaid finance chargas are earned fully as of the date of the ban and will not be subject to refund upon early payment (whether voluntary or as a Is" of default), except as otherwise required by law. In any event, even upon full prepayment of this Note, Borrower understands that Lender Is entitled to a minimum Interest charge of $25.00. Other then Borrower's obdgatkm to pay arty minimum Interest charge, Borrower may pay without owed eager then it Is due. Eely payments will not unless agreed to by Lender In writing, redeve 80"v~ o borrowerall ors panlon of the amount to make payments under the payment schedule. Ratner, early payments will reduce the 's obligation to continue making fewer payments. agrees not to send Lender payments marked "paid in fuir,e%vhhmd reoo~, or similar language.e If Borrower sands such a psyrnent, Lender may accept It without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written oomvmadcadons concerning disputed amounts. Including any check or other a Instrument that Indicates that the payment constitutes "payment In fulr of the amount owed or that Is tendered with other conditio s or 2000 ?s PA 1fuull soli sfactlan of a disputed amount must be mailed or delivered to: Susquehanna Bank PA do Loan Operations, P.O. Box -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 on this Note shall be Increased by adding a 4.000 percentage point margin ("Default Rote Margin'). The Default Rate change that would haw applied had there been no default After maturity, Mon shad also apply to each ere been Interest rate Default Rant Margin will continue to apply to the final Interest rate ded In this Note. Note teIf judgment have matured entered Ihad n them bea connection n with default the Interest will continue to accrue after the date of)udgment at the rate in affect at the time judgment is gment I e wit this Mole, Interest rate exceed the maximum Interest rate dmltstions under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default) under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower logo to comply with or to perform any other term, obligation, covenant or co nditkm contained In this Nate or In any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower. Default In Favor of Third Parties, Borrower or any Grantor defaults under any loan, extension of crodlt, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or Bomower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or fumished to Lender by Borrower or on Borrower's behalf under this Note or the related documents Is false or misleading In any material respect either now or at the time made or fumished 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 eery other termination of Bonv*Ws existence as a going business or the death of any member, the Insolvency of Borrower, the appoinnm ant of receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the c of any proceeding under any bankruptcy or Insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture Proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes a garnishment of any of Borrower's accounts, Including deposit accounts. with Lender. However, this Evert of Default shall forfeit not apply if there is a good faith dispute by Borrower as to the validlly or reasonableness of the claim which Is the basis of the creditor or proceed a surety bad Taring and the rx If editor ro fortes Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monks or reserve or bond for the dispute. proceeding, In an amount determined by Larder, In its sole discretion, as being an adequate Events Affecting Guarantor. Any of the preceding events occurs with reaped to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness evidenced by this Note. EX07ja A PROMISSORY NOTE Loan No: 10005038756 (Continued) Page 2 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 faith believes Itself insecure. Cure Provisions. If any default, other than a 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) months, it may be cured If Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) H the cure requires more than fifteen (15) days, Immediately initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid Interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help coiled this Note N Borrower does not pay. Borrower will pay Lender that amount This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Landers legal expenses, whether or not there Is a lawsuk, Including reasonable attorneys' 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 governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If 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 a right of setoff in all Borrowers accounts with Lender (whether checking. savings, or some other account). This includes all accounts Borrower holds jointly with someone else 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 authorizes Lender, to the extent permitted by applicable law, to charge or satoff all sums owing on the Indebtedness against any and all such accounts, and, at Lenders option, to administratively freeze all such accounts to allow Lender 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 listed herein: (A) an Open-End Mortgage dated July 31, 2008, to Lender on real property located In York County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located In York County, Commonwealth of Pennsylvania. IGG NAND ADVERTISING. At Landers request Borrower shall place a sign at a location on the property satisfactory to Lender, which sign shall re, among other things, that Lender Is financing the project. Borrower expressly authorizes Lender to include the project and Lenders role in financing the project M 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 shalt include any photographs, film or electronic Images of the project or Borrowers representatives made in connection with the project and permits Inclusion of the terns of the project financing In any media selected by Lender Including ekwironb or Internet communications. This provision shag not be construed to require Lender to adverfles the project or to include It in any media presentations. The consideration hereunder Is agreed to be applicable to this provision; no additional compensation shag be due to Borrower for any sign or advertising by Lender. SHARING OF ACCOUNT INFORMATION. The Lender and the companies In the Susquehanna Bancshares, Inc. family offer a full range of valuable financial services. We can better serve your needs by sharing your account Information within our corporate family. The Borrower authorizes the Lender and the companies that comprise the Susquehanna Bancshares, Inc. corporate family to disclose to any or Susquehanna Bancshares, Inc, existing or future subsidiaries. of ffates, and assign, and to any potential assignee Information received from third persons) In or;;I;d to (q the Borrower, this ben, (10) any other loan or tyou nsferee " any Iusly o t an (Including ined or ma from time to time obtain from us or any of the Susquehanna Bancshares, Inc. famiy of companies ins future, any other a ccou is of any hype 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. FINANCIAL REQUIREMENTS. As soon as "able, but In no event later than one hundred twenty (120) days after the and of each fiscal year, Borrowers balance sheet and Income statement for the year ended, prepared by Borrower. As soon as "able 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 Borrower. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors and assigns, and shag Inure to the benefit of Lender and Its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extant allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any charge In the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor, aoeorrnrthodadon maker or endorser, shag be released from gabtiity. All such parties agree 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, fag to reagze upon or period Lander's security Interest In the collateral; and take any other action deemed necessary by Lender without the consent -of or notice to anyone. All such parties also agree that Lender may modify this ban without the consent of or notice to anyone other than She party with whom the modification is made. The obligations under this Note are joint and several. If any 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 CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S 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 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 71MES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES 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 JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: 10005038756 (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 INVESTORS, L.L.C. (Seal) I am E. Gds nger, enlb of L.L.C Investors, . By Seal) C W e anger em ar o CG Investors, L.L.C. W91I1101MMV?.iN.06Cq 4.NnYNItiYI NYMaYC ,M. A01. N1?/i, M?ww1. .M M. MNNTIlLWOlC T1iNI M,A COMMERCIAL GUARANTY References In the boxes above are for Borrower: WCG Investors, LLC. 275 Cumberland Parkway Plaza 101 Mechanicsburg, PA 17055 Guarantor: Chad W. Gelsinger 150 Highland Circle Etters, PA 17319 use only and do not limit the applicability of this document to any particular loan or Item airing '•" has bean omitted due to text length limitations. Lender: Susquehanna Bank PA Walnut Bottom Road 1196 Walnut Bottom Road Carlisle, PA 17015 GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionaly, 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 Note 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 attorneys' fees, 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. Guarantor's liability will be Guarantors aggregate liability under the terns 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 satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed In full. Release of any other guarantor or termination of any other guaranty of the Indebtedness 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 change one or more times the time for payment or other terms of the Indebtedness or any part 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, fail 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 Borrower's 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 direct the order or manner of sale thereof, Including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, 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 qualify 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, Was, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any Interest therein; (F) upon Lenders request, Guarantor will provide to Lender financial and credit Information In form acceptable to Lender, and all such financial information which currently has been, and all future financial Information which will be provided to Lender Is and will be true and correct In all material respects and fairy present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantors financial condition; (H) no litigation, claim, Investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor Is pending or threatened; (I) 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 facts, events, or circumstances which might in any way affect Guarantors risks under this Guaranty, and Guarantor further agrees that Lender 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. Except as prohibited 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 nonaction 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 terms, 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 omission of any kind, or at any time, with respect 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-defidency" law or any other law which may prevent Lender from bringing any action, including a claim 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 claim 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 barred 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, receupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. ow 0 COMMERCIAL GUARANTY Loan No: 10005038756 (Continued) 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 Its significance and consequences and that, under the circumstances, the weavers 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 Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone also and all accounts Guarantor may open In the future. However, this does not Include any IRA or Keogh accounts, or 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 paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims 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 Lender full payment in legal tender of the Indebtedness. If Lender 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 Lender 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. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including Lender's reasonable attorneys' fees and Lender's 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 Lenders reasonable attorneys' fees and legal expenses whether or not there 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 shall 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 Lender and, to the extent not preempted by federal law, the laws 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 Guarantors attorney with respect to this Guaranty; the Guaranty fully reflects Guaranto's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby Indemnifies and holds Lender harmless from all losses, claims, damages, and costs Oncluding Lenders 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 shall 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 "Lende' Include the heirs, 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 rest of this Guaranty will not be valid 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 entitles, 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 telefacslmile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited M 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 partys address. For notice purposes, Guarantor agrees to keep Lender Informed at all times 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 Lender. 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 in 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 Lenders 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 Lender and its successors and assigns. DEFINITIONS. The following capitalized words and terns 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 "Lender' means Susquehanna Bank PA, Its successors and assigns. Note. The word "Note" means the promissory note dated July 31, 2008, In the original principal amount of $200,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guarantles, security . agreements, mortgages, deeds of trust, security deeds, collateral mortgages,.end all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. COMMERCIAL GUARANTY Loan No: 10005038756 (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. 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 IS 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 JULY 31, 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: u.e, "n,.ry. w. aw.ae.ai u... ww n.w..a... w nn. wea DISCLOSURE FOR CONFESSION OF JUDGMENT References in the boxes above are for Lenders 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 Parkway Plaza 101 Walnut Bottom Road Mechanicsburg, PA 17055 1196 Walnut Bottom Road Carlisle, PA 17015 Declarant: Chad W. Gelsinger 150 Highland Circle Etters, PA 17319 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS 3? DAY OF 20©'g . A GUARANTY FOR A PROMISSORY NOTE FOR $200,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 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. 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 1 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 Seal) C s ger LA4Bt Pp0 Lr4"i WI. AW.00.000 Cap. M F r Sukft R M 1"7- 1001. N MPft N?- . Pl1 N.110111NKPAICFPLRI .FC ? M- EXFI?IT 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: 313Y11) t- J==? J lC,l - 1144 Denise Aherne-Venzke 3167354-1 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 1. c HONOTAN,: 21I1 PI, I4 X910: 40 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. 1b-3V/0("•1 NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: CHAD W. GELSINGER DATE: APRIL 1% 2011 A judgment in the amount of $211,576.08, plus interest at the rate per day rate of $35.19 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 3168345-1 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 Troy ider, Esquire Attorney for Plaintiff 3168345-1 t D r r ?B11 APR 14 All 10: 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 PEt NS LVANIA TY 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 , 3(ogb 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 L By: iam F. Colby, Jr., Esquire Troy B. Rider, Esquire I.D. No. 46880; 206319 3168345-1 -(7 -Flu, PROTHONOTAR i 20'11 APR 14 0110: 48 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 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. ID -3(oy6 NON-MILITARY AFFIDAVIT COMMONWEALTH OF MARYLAND . ss COUNTY OF ba I b W( : 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: Last known place of employment: Last known place of residence: as of the date of this Affidavit. T-' nknown WCG Investors, L.L.C. 1304 Norway Maple Court New Cumberland, PA 17070 Denise Aherne-Venzke SWORN TO and sub V before me this 1, day of 2011. NMEGAN PALM otary Public fyunA pwm Baltimore County Maryland Notary Ibiblic My Commission Expires Jul 22, 2013 3168345-1 ILL' IROTHONOTAki 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 11011 APR 14 Ali 10: 48 CUMBERLAND COUNT`S", 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. ) O _ -3 6 V a AFFIDAVIT OF BUSINESS PURPOSE COMMONWEALTH OF MARYLAND ss COUNTY OF ftD IBC 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. I'l Jidl 11 (UJ064 h6aik Denise Aherne-Venzke SWOO and subscr'bed before me this.' Y- day of fin ki 12011 Im "P(V" Notary iqlic MEGAN PALM Notary Public Baltimore County Maryland My Commission Expires Jul 22, 2013 3168345-1