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HomeMy WebLinkAbout11-3642OF THE FID-OFFICE PROTHMNo jApAy 2911 APR 14 AM it: Is BARLEY SNYDER LLC "t11t3EFtLAGo? t J ?iTy William F. Colby, Jr., Esquire PEl h'SvL t € A 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. ; ,?,n ya (r 1 Ul 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 $29,126.62 Interest to and including 3/08/11 679.95 Late Fees 74.07 Misc Fees 65.00 Attorneys' Fees 2,980.66 Total $ 32,926.30 Interest continues to accrue at the per diem rate of $6.07 from March 8, 2011. By: Lr? :?5 7C SCI 316736 BARLEY SNYDER LLC William . Colby, Jr., Esquire Troy B. Rider, Esquire Attorneys for Plaintiff 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 January 16, 2009; 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 16, 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 $29,126.62 Interest to and including 3/08/11 679.95 Late Fees 74.07 Misc Fees 65.00 Attorneys' Fees 2,980.66 Total $ 32,926.30 Interest continues to accrue at the per diem rate of $6.07 from March 8, 2011. 3167369-1 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 Thirty-two Thousand Nine Hundred Twenty-six Dollars and Thirty Cents ($32,926.30), plus interest at the per diem rate of $6.07, from March 8, 2011, continuing monthly late fees, and costs of suit. BARLEY SNYDER C By: William F. by, Jr., Esquire Troy B. der, 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 3167369-1 3 Susquehanna Susquehanna Bank PROMISSORY NOTE Cartale, PA 17015 PMncipal Amount. $30,400.00 Date of Note: January 16, 2009 PROMISE TO PAY. WCO Investors, L.L.C. ("Borrower") promises to pay to Susquehanna Bank ("Lender"); or order, In lawful money of the United States of America, the principal amount of Thirty Thousand Four Hundred & 001100 Dollars (:30,400.00), together with Interest on the unpaid principal balance from January 16, 2009; until paid In full. PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower will pay this loan In accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described In the 'INTEREST CALCULATION METHOD" paragraph using the Interest rates described In this paragraph: 60 monthly consecutive principal $248.88 each, beginning February 16, 2009, with Interest calculated on the unpaid principal and balances Interest using Pa an interen Inter Is t t ra the ts of 7 Iof 7 amount of annum based on a year of 360 days; 179 monthly consecutive principal and Interest .500% per payments In the of .86 each, beginnin February 16, 2014, with interest calculated on the unpaid principal balances using an Interest rate basedaan theuPrimesRate as publislronl the Money Rates sector of the Wall Street Journal. When a range of rates has been published, the higher rate will be used (currently 3.250%), plus a margin of 1.000 pperc S8e points, on January In an initial Interest rate of 4.250% per annum based on a yew of 360 days; and one principal and Interest payment 16, 2029, with Interest calculated on the unpaid the Prime Rate as published In the Money Rates sector of the Wall Street Journal. When a r gecof rates has been paub n Interest shed, t nab based to an on wlll.be used (currently 3.250%), plue a margin of 1.000 psrcentage points, resulting In an Initial Interest rate of 4.250% the higher rate yew of 360 days. This estimated final payment Is based on the assumption that all per uled hoed on the Index does riot change; the actual final paynwnt will be for all payments will be made exactly as scheduled and that the amounts under this Note. Unless otherwise agreed. or required ? Prinncce and ow, accrued Interest not yet Paid, together with any other unpaid icable then to principal and any remaining amount to any unpaid collectloncosts a d latead? will be applied to accrued capaL bites Interest, shown above or at such other place as Lender may designate In writing, ergo. Borrower will pay lender at Lenders address VARIABLE INTEREST RATE The interest rate on this Note is subject to which Is tie Prime Rate as published in the Money Rates sewn of the Wall treet from time When a range of ates has teer Independent higher rate will be used (the "Index"). The Index Is not necessarily the lowest rate doped by Lander on its loans. If the Index becomes unavellable during the tens of this loan, Lender may designate a substitute Index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrowers request The Interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 3.250% per annum. The Interest rate or rotes to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the 'Payment section. Notwithstanding any other provision of this Note, after the first payment stream, the Interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no droumsfances will the Interest rate on this Nate be more than the maxkmum rate allowed by applicable low. Whenever Increases occur in' the Interest rate. at its option, may do one or more of the following: (A) Increase Borrowers payments to ensue Borrowers loan will pay off by - orrnal Anal maturity date, (B) . increase Borrowers payments to cover accruing Interest. (C) increase the number of Borrowers payments, and (D) continue Borrowers payments at the same amount and Increase Borrowers final payment. INTEREST CALCULATION METHOD. Interest on this Note Is computed on s 3851360 basis; that Is, by applying the redo of the Interest rate over a year of 360 days, multiplied by the outstanding principal b shmce, multiplied by the actual number of der the outstending. All Interest payable under this Note Is computed using this method. Ys principal balance Is PREPAYMENT; MINIMUM INTEREST CHARGE Borrower agrees that all ban fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. In any even, even upon full prepayment of this Note. Borrower understands that Lender is antitied to a minlnwm Interest dome of $25.00. Other than Borrowers obligation to pay any minimum Interest charge. Borrower may pay without penally all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender In writing: relieve Borrower of Borrowers obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrowers Burrower sver payments. aym rndlsmay not to sendith Lerxier payments marked 'paid in fug', "without recourse", or similar language. If loft any of Lenders rights under ills Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written comenunloatloms concerning disputed amounts, including any dock or other payment Instrument that Indicates that the payment conafttas "payment In fur" of the amount owed or that is tendered with other conditions or limits P s or afull satisfaction of a disputed amount must be malted or delivered to: Susquehanna Bank do Loan Operations, P.O. Box 2010 Lititi, 17543. 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, whbhaver Is greater. INTEREST AFTER DEFAULT. Upon default, including fallure to pay upon final maturity, the Interest rate on this Note shaft be Increased by adding a 4.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding Interest rate change that would have applied had there been no default After maturity, or after this Note would have matured had there been no default, the Default Rite Margin will continue to apply to the final Interest rate desafbed In Oft Note. H Judgment Is entered in connection with this Note, Interest will continue to accrue after the date of judgment at tits rate In effect at the time judgment Is entered. However, In no event will the interest rate exceed the maximum Interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ('Event of Defauir) under this Note: Payment Default Borrower fails to make any payment when due under this Note. Other Defaults. Borrower falls to comply with or to perform any other term, obligation, covenant or eondltbn contained In this Note or In any of the related documents or to comply with or to perform any term, cMigedon, covenant or condition contained In any other agreement between Lender and Borrower. D efault In Favor of Third Pandas. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or Sol" Borrowers ement, or any other agreement. In favor of any other creditor or person that may materially affect any of Bonwees property or ability to repay this Note or perform Borrowers obilgadons under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrowers behalf under this Note or the related documents Is false or misleading In any material respell, 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 the appolnUerrnentoisarercteelvw?i ta° ?°f Borrowers exlatenoe as a gokng buslrhess or the death of any member, the Insolvency of Borrower, or the commencement of Y Perri of ed s p e A°mt for the benefit of creditors, any "a ltor workout, arty proceeding under arty bankruptcy or insolvency lavers by or sgakat Borrower. OffeltUre f'rocesdkrgs: Gommenoernerht of feredceure a toriektrre Weoeedinga. whether by judicial proceeding, self-help, This Includes a garnishment of erediy off asBor owers eooou$rns knder «? mantel agency agahtat any collateral securing the loan. with Lander. However, this Event of Default shall ff there te a good faith dispute by Borrower as to the validkya itreoomablenesa o f the claim which the basis the creditor or prooeadiryt and H Borrower gMas Lender written notice of the editor a forteiture preceding and deposits with Lander monies or a surety band for the creditor or forfallure proceeding, In an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. WCC Investors, L.L.C. 275 Cumberland Parkway, Plan 101 Mechanicsburg, PA 17055-6677 Lender. Susquehanna Bank Walnut Bottom Road 1196 Walnut Bottom Road EJlHW A PROMISSORY NOTE Loan No: 10005999759 (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 liability under, 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 fmpalred. 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 peed if Borrower, after receiving written notice from Lender demanding cure of such default. (1) cures the default within fifteen (15) days; or (2) K the cure requites more than fifteen (15) days, immediately initiates steps which Lender deems In Lender's ado discretion to be sufficient to roue 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 tolled this Note K Borrower does not pay. Borrower will pay Lender that amount This Indudea, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Landers legal expenses, whether or not there Is a lawsuit, 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 Not@ has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent pemrttted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone also 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 setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's optlon, to administratively from all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security Instrument listed herein: an Open-End Mortgage dated January 16, 2009, to Lender on real property located in Dauphin County, Commonwealth of Pennsylvania. SHARING OF ACCOUNT INFORMATION. The Lender and the eompanes 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 aut horfzes the Lender and the companies that comprise the Susquehanna Bancshares, Inc. corporate family to disclose to any of Susquehanna Bancshares, Inc. existing or future subsidiaries, affiliates, and assigns, and to any potential. assignee or transferee, any Information (Including Information received from third persons) in or relating to (I) the Borrower, (N) this loan, 011) any other loans you have previously obtained or may from time to time obtain from us or any'of the Susquehanna Banceherea, Inc. family of companies In the future, and (iv) any o0w 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. SIGN AND ADVERTISING. At Lender's request, Borrower shall place a sign at a location on the property satisfactory to Lender, which sign shall radio. among other things, that Lender Is financing the projea Borrower expressly authorizes Lender to Include the project and Lender's rob in fi nancing 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 Yaw. This in connection with the authorization shad include any phctographs, film or electronic Images of the project or Borrowers representatives made Project and permits Inclusion of the terns of the project financing In any media selected by Lender including electronic or iIne nets-Tim The cons.! his hereunder shag not be construed to require Lender to advertise the project or to Include It in any media any sign or advertising by Lender. greed to be applicable to this provision; no additional compensation shall be due to Borrower for FINANCIAL STATEMENTS. Borrower covenants and agrees with Lender that, so long as this Note remains In effect, Borrower will fumish Lender with the following: Annual Statements. As soon as available, 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. 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 Borrower. SUCCESSOR INTERESTS. The terms of this Note shad be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors and assign, and shall inure to the benefit of Lender and its suc essom and assigns. GENERAL PROVISIONS. N 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 extent allowed by hew, welve presentment. demand for payment, and notice of dishonor. Upon any change In the tams of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, acoonrnodation maker or endorser, shad be released from liability. All such partles 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, fall to realize upon or perfect Lenders 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 loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. H 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 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 JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. The hen arising from any judgment confessed or entered Pursuant to the foregoing authority shah not extend to any of Borrowers residential real property as that tern 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 residential real property Provided. however, that the Ilan of such )udgrtent ahpfi extend to such residential real proceed against any such thereof shall be pertnltted to execute, levy or proceed ageing! such residential real Property from and after th?ePe and tier the holder contemplated by Section 407 of such Loan Interest std Protection Law and Rtrlea 2981 to 2986 of the Pennsylvania Ruleof Civil jPrxedure, or successor or almdar statutes end rWes. No limitation of den or any execution, levy or other entorcehneM oomtalned in the Immediately preceding sentence shall apply with respect to any judgment obtained other than by the foregdng authority to contess or enter Judgment. Loan No: 10005999759 PROMISSORY NOTE (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. BY _ && % 'Lim, .s!! 7x Y or Eam E. Geleln` Seal) L.L.C. g er of C tors, By: Seal) Cho a Inger, ~ ar of Investors, L.L.C. UERIMIIryy?,Wr.fA?A6MI C,y,.11Y1w11GftliYMti. Ine IM MOL N MP?f?'wL •M KMIIfp11EMNIMICgtR1GMFC 111dfif Mi COMMERCIAL GUARANr ;.' G? r t 4 References in the boxes above are for Lender's use only and do not limit the appliceblllty of this docume t to any xfr ?? (}{ f An Item above containln ""' lies been omitted due to text length limitations. y particular loan or item. Borrower: WCG Investors, LLC. - 275 Cumberland Parkway, Plaza 101 1 Lender. Susquehanna Bank Mechanicsburg, PA 17055-5677 Walnut Bottom Road 1196 Walnut Bottom Road Guarantor: Chad W. Gelsinger Carlisle, PA 17015 150 Highland Circle Etters, 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 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 also 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 Borrowers 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 times accrued othe , d Interest anttorneys' fees arising from any aind all debts, II abiliand ties and obi all tions that legr Ijndd allay orrlr ollectivvely or In ercha by law, re r 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 (uhleas specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterninated 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 Guarentors 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 temps 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 tern; (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 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 such order manner of sale contrrolling security agand direct reement oredeed of trust as Lender thereof, Re discretion may determine; (G) any to sell, )trannsfer, 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 kid have been made to Guarantor which would limit or qualify In any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's 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 biding 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 Lender's request, Guarantor will provide to Lender financial and credit Information In form acceptable to Lender, and all such financial inforn rtlon 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 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 effect Guarentoes financial condition; (H) no litigation, claim, Investigation, administrative proceeding or similar action (including twee 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 cored. 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 nonactlon 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 ad or omission of any kind, or at any time, with, reaped to any matter whatsoever. Guarantor also wolves 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 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 effects 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, recoupment or similar right,. whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. E*W-8 __... F COMMERCIAL GUARANTY - Loan No: 10005999759 (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 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 Guarantor's 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 Lander 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 Iiquklation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and. Guarantor shall be pail to Lender and shall be first applied by Lander to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any asslgnee 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 some 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 attomeys' fees and Lander's legal expenses, Incurred In connection with the enforcement of this Guaranty. Lender may hire or pay someone also 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 Qncluding 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 headlggs 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 Lender's 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 Guarantor's attorney with rasped to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to Interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender har iess from all losses, claims, damages, and costs (Including Lender's attomeys' 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 "Borowee and 'Guarantor' respectively shall mean all and any one or more of them. The words "Guarantor; "Borrower,' and 'Lender" 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 fad 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 N 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 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 Lander of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's 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 Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by 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 Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender 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, LL.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 signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lander as more particularly described In this Guaranty. Lender. The word "Lender" means Susquehanna Bank, Its successors and assigns. Note. The word "Note" means the promissory note dated January 16, 2009, In the original principal amount of $30,400.00 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, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, COMMERCIAL GUARANTY Loan No: 10005999759 (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 Guarantor's residential real property as that term is defined In the Pennsylvania Act of January 30, 1974 (Pa. Laws 13, No. 6), referred to as the Loan Interest and Prote Law and of anyu such judgment, eexecute evy oroothervNse pJr?ed against confessed such nrese dent,,, reap Props forgoing authority shall not, In enforcement Judgment shall extend to such residential real propertyand that the holder thereof shall be pertnittedto execute hoe evoe', that the lien of such residential real property from and after the entry of a judgment as contemplated by Section 407 of such Loan Interest and Protection ILaw and Rules 2981 to 2986 of the Pennsylvania Rules of Civil 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 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 JANUARY 16, 2009. 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: 1110 L"Nry, V". ?A1.00.0W L1p,IWIM AwbIMYY,,.M IA/.IDOY. N M1.M DISCLCo-JRE FOR CONFESSION OF j..OGMENT 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. 275 Cumberland Parkway, Plaza 101 Mechanicsburg, PA 17055-5677 Lender: Susquehanna Bank Walnut Bottom Road 1196 Walnut Bottom Road Carlisle, PA 17015 Declarant: Chad W. Gelsinger 150 Highland Circle Etters, PA 17319-9371 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF 20?, A GUARANTY FOR A PROMISSORY NOTE FOR $30,400.00 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, I 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. 0. 1 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: fA6ER PRO L--K% . W. 5.41.00.004 rP,. N-4rd F%-.W S.Wo_, I_. 1n,, 70 . N Rlphy R-d. - PA N:16U60 1ENANNA%CMPl1030.FC 7R-3376 PR-39 RUM r 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: /;q//I Denise Aherne-Venzke 3168345-1 THE PRD THONG 2011 APR 14 AN It: 1S 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 COt?E??' C'U 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.I1-36y). 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 SNYD LLC By: William olby, Jr., Esquire Troy B. Rider, Esquire I.D. No. 46880; 206319 3167369-1 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 OF THELPROfTN QTA?RY 2011 APR 14 AN It: I 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. h- 3&zl) AFFIDAVIT OF BUSINESS PURPOSE COMMONWEALTH OF MARYLAND ss COUNTY OF Before me, the undersigned authority, personally appeared DENISE AHERNE-VENZKE, who being duly sworn according to law, doth,'epose 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. r_ Denise Aherne-Venzke SWORN TO and sub r' f re me this ' 2_5 P^ day of '2011. MEGAN PALM d AA Akrv? Notary Public Baltimore County Notary Pu lic Maryland My Commission Expires Jul 22, 2013 3167369-1 OF TN PROTflQ, E 20 ?O TA R ' " 11"R 14 Qt111 • 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 CUMBER •?5 PENNSYLVAMIIANT} 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. Ii-3ov. NON-MILITARY AFFIDAVIT COMMONWEALTH OF MARYLAND COUNTY OF re ss 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. SWOTkTO and sub 'b d efo a me th' .r v, day of 2011. 1 W-A tm pa?/M- Notary PVy is 3167369-1 Unknown WCG Investors, L.L.C. 1304 Norway Maple Court New Cumberland, PA 17070 nj /j, A, Denise Aherne-Venzke MEGAN PALM Notary Public Baltimore County Maryland My Commission Expires Jul 22, 2013 to 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. I/- :m ? NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: CHAD W. GELSINGER DATE: APRIL 2011 A judgment in the amount of $32,926.30, plus interest at the rate per day rate of $6.07 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 3167369-1 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 B. er, Esquire Atto v for Plaintiff 3167369-1 w 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, Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. J /" 3 6 y ? C,V :1 NOTICE (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $32,926.30, on Ma el / //- , 2011. (X) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. 5Z otary Civ Division By: If you have any questions regarding this Notice, please contact the filing party: NAME: William F. Colby, Jr. Esquire Troy B. Rider, Esquire Barley Snyder LLC ADDRESS: 50 North Fifth Street P.O. Box 942 Reading, PA 19603 TELEPHONE:(610) 376-6651 (This Notice is given in accordance with Pa.R.C.P.236.) 3167369-1 NOTICE SENT TO: NAMES: Chad W. Gelsinger ADDRESS: 1304 Norway Maple Court New Cumberland, PA 17070 3167369-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FIL D-OI+F11.31 4t : THE PRO+I HON'ClTAF? ', Y Richard W Stewart Solicitor OFFit;E'rTt-E , -zR.FF 2011 APR 20 PM 2: 00 CUMBERLAND COUNTY PENNSYLVANIA Susquehanna Bank PA Sucessor to Community Banks vs. Case Number CHAD W GELSINGER 2011-3642 SHERIFF'S RETURN OF SERVICE 04/15/2011 08:55 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2011 at 2055 hours, he served a true copy of the within Notice and Complaint in Confession of Judgment, upon the within named defendant, to wit: Chad W. Gelsinger, by making known unto himself personally, at 1304 Norway Maple Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $45.00 April 18, 2011 RYAN BURGETT, D SO ANSWERS, '?-- oZ' RON R ANDERSON, SHERIFF ic; CountySufte Snenft f eieosoft Inc