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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
HEALTHCORE OF MARYLAND, LLC NO. OLI- Ll
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
ENTRY OF APPEARANCE
PRAECIPE FOR ASSESSMENT OF DAMAGES
AND CONFESSION OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter our appearance for and on behalf of the Defendant above
named.
Pursuant to the authority contained in the Warrant of Attorney separately
set forth in the Unconditional Guarantee dated April 30, 2003, a true and correct
copy of which is attached as Exhibit A to the Complaint filed in this action, we
hereby appear for the Defendant in this matter, HealthCore of Maryland, LLC,
and confess judgment authorized, in favor of the Plaintiff and against the
Defendant, as follows:
DAMAGES ARE ASSESSED AS FOLLOWS:
Unpaid principal balance under the Unconditional
Guarantee dated April 30, 2003 as of
July 6, 2004 $444,454.49
Late fees from July 6, 2004
1,160.76
$445,615.25"
`Together with interest accruing at the rate in
the Unconditional Guarantee from July 6, 2004,
attorneys' fees, andcosts of this action (to be determined)
P.C.
F. S-ephenson Mattf4s
P I D. No. 67408
111 orth Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
Dated: 9.2?-oy Attorneys for Plaintiff,
The Legacy Bank
72008.1
-2-
V
TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
HEALTHCORE OF MARYLAND, LLC NO. ?-
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
ENTRY OF JUDGMENT BY CONFESSION
AND ASSESSMENT OF DAMAGES
Pursuant to the Complaint in Confession of Judgment filed in the within action
and the Warrant of Attorney attached hereto, judgment is hereby entered against the
Defendant, jointly and severally.
DAMAGES ARE ASSESSED AS FOLLOWS:
Unpaid principal balance under the Unconditional
Guarantee dated April 30, 2003 as of
July 6, 2004 $444,454.49
Late fees from July 6, 2004 1,160.76
$445,615.25*
'Together with interest accruing at the rate in the Unconditional
Guarantee from July 6, 2004, attorneys' fees, and costs of this action
(to be determined)
PR THONOT Y
72006.1
-2-
J? J
TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
HEALTHCORE OF MARYLAND, LLC NO. D L(- qt G)
47 West Pomfret Street D a
Carlisle, PA 17013,
Defendant.
COMPLAINT IN CONFESSION OF JUDGMENT
Plaintiff, The Legacy Bank (the 'Bank"), by and through its attorneys,
Tucker Arensberg, P.C., files this Complaint for judgment by confession pursuant to
Pennsylvania Rules of Civil Procedure 2950-2956 and, in support hereof, states as
follows:
1. The Bank is a national banking association with an address at 2600
Commerce Drive, Harrisburg, Pennsylvania 17110.
2. Defendant, HealthCore of Maryland, LLC, is a Pennsylvania limited
partnership with a last known address of 47 West Pomfret Street, Carlisle, Pennsylvania
17013.
3. The Defendant executed a certain Unconditional Guarantee on April 30,
2003 (the "Guarantee") pursuant to which the Defendant agreed to, and did, become
unlimited guarantor and surety for all obligations of HealthCore, LLC, (the "Borrower") to
the Bank, including but not limited to, Borrower's obligations to Bank under (i) that
certain Loan Agreement between the Borrower and the Bank dated April 30, 2003 and
all related documents (the "Agreements"). True and correct copies of the Unconditional
Guarantee and Note/Loan Agreements are attached hereto and incorporated herein as
Exhibits "A" and "B", respectively.
4. Defendant, through the terms of the Guarantee, authorized the confession
of judgment against the Defendant.
5. Pursuant to the terms of the Guarantee, the Defendant was required to,
among other things, guarantee and act as surety for Borrower's obligations under the
Agreements.
6. As a result (among other things) of Borrower's failure to pay certain
amounts as and when due under the Agreements, events of default occurred under the
Agreements.
7, Pursuant to the terms of the Agreements, upon the occurrence of an event
of default, the Bank was authorized to declare all amounts payable under the
Agreements to be immediately due and payable.
8. Pursuant to the terms of the Guarantee, upon the occurrence of an event
of default under the Agreements, the Bank was authorized to declare all amounts
payable under the Guarantee to be immediately due and payable.
-2-
9. On or about September 17, 2004, the Bank sent letters to Borrower,
notifying the Borrower of the occurrence of events of default under the Agreements (the
"Default Letters") and declaring the unpaid principal amount of the Agreements, interest
accrued thereon, and all other amounts owing under the Agreements to be immediately
due and payable in full. True and correct copies of the Default Letter are attached
hereto and incorporated herein by reference as Exhibit "C".
10. On September 22, 2004, the Bank sent a letter to the Defendant, again
notifying the Defendant that all obligations under the Agreements were due and
payable. A true and correct copy of that letter is attached hereto and incorporated
herein as Exhibit "D".
11. Notwithstanding default and demand, the Borrower and the Defendant
have not paid the full amounts owed to the Bank under the Agreement.
12. Pursuant to the terms of the Agreements, upon the occurrence of an event
of default under the Guarantee, the Bank may appear for and confess judgment against
the Defendant for the amounts due and owing under the Guarantee.
13. Under the terms of the Guarantee, the Bank is entitled to recover from the
Defendant the costs of any suit, including attorneys' fees.
14. Under the terms of the Guarantee, the Defendant agreed that the Courts
of Common Pleas of the Commonwealth of Pennsylvania and any United States District
Court in Pennsylvania shall have jurisdiction with respect to matters involving the
Guarantee.
3-
15. As of July 6, 2004, the amounts due and owing by the Defendant to the
Bank under the Guarantee are as follows:
Unpaid principal balance under the Unconditional
Guarantee dated April 30, 2003 as of
July 6, 2004 $444,454.49
Late fees from July 6, 2004
1.160.76
$445,615.25*
*Together with interest accruing at the rate in the Unconditional
Guarantee from July 6, 2004, attorneys' fees, and costs of
this action (to be determined)
16. The Note and the Guarantee had not been assigned by the Bank.
17. The Bank's claims against the Defendant are not based upon a residential
mortgage and Act 6 does not apply.
18. No judgment has been entered on the Guarantee in any jurisdiction.
19. The confession of judgment provision appearing in each of the Notes or
Guarantee is less than twenty (20) years old.
20. Judgment in favor of the Bank and against the Defendant is not being
entered against a natural person in a consumer credit transaction.
21. Judgment in favor of the Bank and against the Defendant as demanded is
authorized by the confession of judgment provisions contained in the Note and/or
Guarantee.
WHEREFORE, the Bank, as authorized by the Warrant of Attorney
contained in the Note and Guarantee, hereby demands that judgment by confession be
-4-
entered in its favor and against the Defendant, in the amount of $445,615.25, plus
interest accruing after July 6, 2004, plus costs and attorneys' fees and requests such
other and further relief as the Court may deem proper.
ARENSBERG, P.C.
F. tephenson M "h
PA I.D. No. 67408
111 orth Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
Attorneys for Plaintiff,
Dated: The Legacy Bank
72009.1
-5-
TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
HEALTHCORE OF MARYLAND, LLC
47 West Pomfret Street
Carlisle, PA 17013,
CIVIL DIVISION
NO.
Defendant.
VERIFICATION
Don Signor hereby states that he is a Loan Review Officer of The Legacy Bank,
and verifies that the statements made in the foregoing Complaint In Confession of
Judgment are true and correct to the best of his knowledge, information and belief. The
undersigned understands that the statements made therein are made subject to
penalties of 18 Pa. Cons. Stat. Ann. §4904 relating to unsworn falsification to
authorities.
Don Signor, oa eview Officer
The Legacy Bank
Dated: 7,-/e?f
72010.E
CERTIFICATE OF SERVICE
AND NOW, this a 3rd day of 2004, I, Dawn T. Heilman,
Legal Secretary to F. Stephenson Matthes, Esquire, for the firm of Tucker Arensberg,
P.C., hereby certify that I have this day served a true and correct copy of the within
document, by mailing same by U.S. Mail, Certified Return Receipt Requested, postage
prepaid, addressed as follows:
HealthCore of Maryland, LLC
47 West Pomfret Street
Carlisle, PA 17013
04'aj-;?- -j
Dawn T. Heilman
P"LCA -
72101.1
U.S. mall 204n® Adminbtratbn
SBA Loan # GP 626 380 40 09 HBG
SBA Loan Name HealthCore, LLC
Guarantor
Borrower
U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
HealthCore of Maryland, LLC
HeaMhCore, LLC
Lender The Legacy Bank
Date April 30, 2003
Note Amount 500,000.00
1. GUARANTEE:
Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains
in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written
demand upon Guarantor. Lender is not required to seek payment from any other source before demanding payment from
Guarantor.
2. NOTE:
The "Note" is the promissory note dated
FIVE HUNDRED THOUSAND AND NO1100
April 30, 2003
in the principal amount of
Dollars,
from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple
notes under a line of credit.
3. DEFINITIONS:
"Collateral" means any property taken as security for payment of the Note or any guarantee of the Note.
"Loan" means the loan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
SBA Form 148 (10/98) Previous editions obsolete. Page 115
Bankers Systems, Inc., St. Cloud, MN
4. LENDER'S GENERAL POWERS:
Lender may take any of the following actions at any time, without notice, without Guarantor's consent, and without
making demand upon Guarantor.
A. Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note;
B. Refrain from taking any action on the Note, the Collateral, or any guarantee;
C. Release any Borrower or any guarantor of the Note;
D. Compromise or settle with the Borrower or any guarantor of the Note;
E. Substitute or release any of the Collateral, whether or not Lender receives anything in return;
F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without
advertisement;
G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and
H. Exercise any rights it has, including those in the Note and other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LAW:
When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA
regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice,
foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or
local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law
against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law.
6. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WANES:
To the extent permitted by law,
A. Guarantor waives all rights to:
1) Require presentment, protest, or demand upon Borrower,
2) Redeem any Collateral before or after Lender disposes of it;
3) Have any disposition of Collateral advertised; and
4) Require a valuation of Collateral before or after Lender disposes of it.
B. Guarantor waives any notice of
1) Any default under the Note;
2) Presentment, dishonor, protest, or demand;
3) Execution of the Note;
4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration,
intent to accelerate, assignment, collection activity, and incurring enforcement expenses;
5) Any change in the financial condition or business operations of Borrower or any guarantor,
6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under the
Note; and
7) The time or place of any sale or other disposition of Collateral.
C. Guarantor waives defenses based upon any claim that:
1) Lender failed to obtain any guarantee;
2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral;
3) Lender or others improperly valued or inspected the Collateral;
4) The Collateral changed in value, or was neglected lost, destroyed, or underinsured;
SBA Form 148 (10/98) Previous editions obsolete. Pape 2/5
Bankers Systems, Inc., St. Cloud, MN
5) Lender impaired the Collateral;
6) Lender did not dispose of any of the Collateral;
7) Lender did not conduct a commercially reasonable sale;
8) Lender did not obtain the fair market value of the Collateral;
9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the
Note;
10) The financial condition of Borrower or any guarantor was overstated or has adversely changed;
11) Lender made errors or omissions in Loan Documents or administration of the Loan;
12) Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding
payment from Guarantor:
13) Lender impaired Guarantor's suretyship rights;
14) Lender modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the
Note to increase the amounts due under the Note without Guarantors consent, Guarantor will not be liable
for the increased amounts and related interest and expenses, but remains liable for all other amounts;
15) Borrower has avoided liability on the Note; or
16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents.
7. DUTIES AS TO COLLATERAL:
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve
or dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under this Guarantee, Guarantor includes heirs and successors, and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee,
including, but not limited to, attorney's fees and costs.
B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a
co-guarantor with Guarantor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is
paid in full.
D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at anytime to comply with the Loan
Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral.
F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or
together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the Note or this Guarantee, or to raise a defense to this Guarantee.
1. SEVERABILrIY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect
J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the
Loan.
SBA Form 148 (10/98) Previous edifiom obsolete. Page 315
Bankers Systems, Inc., St Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and rights available to
you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having
jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of
process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued
charges due on this Note, plus collection costs and reasonable attomeys' fees up to 15 percent of the judgement. The exercise of
the power to confess judgment will not exhaust this warrant of authority to understand that my property may be seized without prior
notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to
pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver.
By signing immediately below, I agree to the terms of the CONFESSION OF JUDGEMENT section.
Date
s/> Idj
Date
SBA Form 148 (10/98) Previous editions obsolete. Page 415
Bankers Systems, Inc., St. Cloud, MN
11. GUARANTOR ACKNOWLEDGMENT OF TERMS.
Guarantor acknowledges that Guarantor has read and understands the significance of all terms of the Note and this
Guarantee, including all waivers.
12. GUARANTOR NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated as Guarantor under this Guarantee.
April 30, 2003
April 30, 2003
SBA Form 148 (10/98) Previous edition obsolete. Page 515
Bankers Systems, Inc„ St. Cloud, MN
113 Small B,ssin® AdminiAmd n
iz 160V
SBA Loan # GP 626 380 40 09 HBG
SBA Loan Name HealthCore, LLC
Date April 30, 2003
Loan Amount 500,000.00
Interest Rate WSJ Prime +2.75%
HealthCore, LLC
Borrower
Operating
Company
Lender The Legacy Bank
1. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
FIVE HUNDRED THOUSAND AND N01100
interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"'Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
U.S. Small Business Administration
NOTE n0A
.
v
Dollars,
SBA Form 147 (06103/02) Version 4.1 Page 116
Bankers Systems, Inc., St. Cloud, MN
3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
The interest rate on this Note will fluctuate. The initial interest rate is 7.500% per year. This initial rate is the prime
rate on the date SBA received the loan application, plus 2.75%. The initial interest rate must remain in effect until
the first change period begins.
`I Borrower must pay principal and interest payments of $7,547.00 every month, beginning one month from the
month of initial disbursement on this Note; payments must be made on the same day as the date of initial
.disbursament,orahisSLoIe in the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment,
then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate will be adjusted quarterly (the "change period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change
occurs, a published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 2.75% above the Prime Rate. Lender will adjust the interest rate on the first
calendar day of each change period. The change in interest rate is effective on that day whether or not Lender
gives Borrower notice of the change. The initial interest rate must remain in effect until the first change period
begins.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term
of the note.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the
rate in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase.
All remaining principal and accrued interest is due and payable 7 years from date of Note.
Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to
5% of the unpaid portion of the regularly scheduled payment.
Loan Prepayment:
Notwithstanding any provision in this Note to the contrary:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any
time without notice. If Borrower prepays more that 20 percent of the Loan and the Loan has been sold on the
secondary market, Borrower must:
a. Give Lender written notice:
b. Pay all accrued interest; and
c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal
to 21 days interest from the date Lender receives the notice, less any interest accrued during the 21 days and paid
under subparagraph b., above.
SBA Form 147 (08103102) Version 4.1 Page 2/6
Bankers Systems, Inc., St. Cloud, MN
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower
or Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender,
C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
1. Hasa receiver or liquidator appointed for any part of their business or property;
1. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to
pay this Note.
5. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor,
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6, LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses;
B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan
Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments
for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's
fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the
expenses to the principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
SSA Form 147 (06/03/02) Version 4.1 Page 316
Bankers Systems, Inc., St. Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing
liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
S. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors
and assigns.
9. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable
Lender to acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand protest, and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale.
SBA Fonn 147 (OWOM2) Version 4.1 page 416
Bankers Systems, Inc., St. Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and rights available to
you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having
jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of
process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued
charges due on this Note, plus collection costs and reasonable attomeys' fees up to 15 percent of the judgement The exercise of
the power to confess judgment will not exhaust this warrant of authority to understand that my property may be seized without prior
notice to satisfy the debt owed. 1 knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to
pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver.
immediately below, I agree to the terms of the CONFESSION OF JUDGEMENT section.
/ C? I I
vista K. Baer, Mamtr)`r
e i
SSA Form 147 (06103/02) Version 4.1
2k163
?-??6 3
Date
Page 5/6
Bankers Systems, Inc., St. Cloud, MN
11. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
HealthCore, LLC
SSA Fonn 147 (06103102) Version 4.1
2
April 30, 2003
April 30, 2003
Page BB
Bankers Systems, Inc., St. Cloud, MN
TUCKER ARENSBERG
Attorneys
September 16, 2004
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
NO. 7002 2410 0001 2367 2348 AND FIRST CLASS MAIL
Jenine J. Kerr
Krista K. Baer
HealthCore, LLC
47 West Pomfret Street
Carlisle, PA 17013
F. Stephenson Matthes
smatthes@tuckerlaw.com
RE: Promissory Note dated April 30, 2003 (SBA Loan) in Principal Amount of
$500,000 Between HealthCore, LLC and The Legacy Bank
Notice of Default and Demand for Payment
Dear Ms. Kerr and Ms. Baer:
This office represents The Legacy Bank ("Legacy" or "Lender").
Reference is made to that certain Promissory Note dated April 30, 2003 (the "Note") in
the principal amount of $500,000, which was executed and delivered to Legacy by
HealthCore, LLC ("Borrower"). Reference is further made to that certain Commercial
Security Agreement dated April 30, 2003 (the "Security Agreement"), which was
executed and delivered by the Borrower to Legacy.
The paragraph of the Note entitled "DEFAULT" provides, in part, that Borrower will be in
default if "Borrower does not make a payment when due under this Note or if Borrower
or Operating Company: (a) fails to do anything required by this Note and other Loan
Documents; (b) defaults on any other loan with Lender; (c) does not preserve or account
to Lender's satisfaction for, any of the Collateral or its proceeds; (d) fails to pay any
taxes when due; ...... The Note provides that upon default, Lender may "(a) require
immediate of all amounts owing under this Note; (b) collect all amounts owing from any
Borrower or Guarantor; (c) file suit and obtain judgment; (d) take possession of any
Collateral; or (e) sell, lease or otherwise dispose of any Collateral at public or private
sale with or without advertisement."
Borrower is presently in default for numerous reasons including a failure to make
payments when due on several loan obligations to Legacy, as well as for failing to make
tax payments when due.
Pursuant to the direction of Legacy Bank, we hereby notify. you that Legacy Bank
declares the entire balance under the Notes immediately due and payable and demands
immediate payment of all principal, interest, and fees, currently $444,454.49, together
with accruing interest, attorneys' fees and other expenses. This balance is current as of
September 15, 2004, but does not include attorneys' fees and costs. For a complete
breakdown of the same, please contact the undersigned.
Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg PA 17108 www.tuckerlaw.com
?`°"' p. 800.257.4121 p. 717.234.4121 f. 7132.8802
TUCKER ARENSBERG
Attorneys
Jenine J. Kerr
Krista K. Baer
September 16, 2004
Page 2
Payment should be made by cashier's check or wire transfer to The Legacy Bank, 2600
Commerce Drive, Harrisburg, PA 17110. The Legacy Bank reserves all rights and
remedies that it has under the Note, any other loan documents executed in connection
with the Note, any other loan documents by the Borrower, any third party obligor, any
pledgor, any guarantor and/or at law or in equity.
Thank you for your immediate attention to this matter
Very truly yours,
T461KER ARENSBERG, P.C.
I.
F. Stephenson Matthes
FSM/dth
cc: Jenine J. Kerr
Ronald W. Baer
Krista K. Baer
W&C Realty & Holdings, L.P.
HealthCore of Maryland, LLC
HealthCore of Ohio, LLC
71852.1
TUCKER ARENSBERG F. Stephenson Matches
Attorneys smatthes@tuckerlaw.com
September 22, 2004
VIA FACSIMILE, CERTIFIED MAIL, RETURN RECEIPT REQUESTED
NO. 7002 2410 0001 2367 2805 AND FIRST CLASS MAIL
HealthCore of Maryland, LLC
47 West Pomfret Street
Carlisle, PA 17013
RE: Guaranty of Promissory Note dated April 30, 2003 (SBA Loan) in
Principal Amount of $500,000 Between HealthCore, LLC and The Legacy
Bank
Notice of Default and Demand for Payment
To Whom It May Concern:
This office represents The Legacy Bank ("Legacy" or "Lender")
Reference is made to that certain Promissory Note dated April 30, 2003 (the "Note") in
the principal amount of $500,000, which was executed and delivered to Legacy by
HealthCore, LLC ('Borrower"). Reference is further made to that certain Commercial
Security Agreement dated April 30, 2003 (the "Security Agreement'), which was
executed and delivered by the Borrower to Legacy. Reference is further made to that
certain Unconditional Guaranty dated April 30, 2003 (the "Guarantee"), which was
executed and delivered to Legacy by HealthCore of Maryland, LLC. (the "Guarantor").
The paragraph of the Note entitled "DEFAULT" provides, in part, that Borrower will be in
default if "Borrower does not make a payment when due under this Note or if Borrower
or Operating Company: (a) fails to do anything required by this Note and other Loan
Documents; (b) defaults on any other loan with Lender; (c) does not preserve or account
to Lender's satisfaction for, any of the Collateral or its proceeds; (d) fails to pay any
taxes when due; ... ". The Note provides that upon default, Lender may "(a) require
immediate of all amounts owing under this Note; (b) collect all amounts owing from any
Borrower or Guarantor; (c) file suit and obtain judgment; (d) take possession of any
Collateral; or (e) sell, lease or otherwise dispose of any Collateral at public or private
sale with or without advertisement."
Borrower is presently in default for numerous reasons including a failure to make
payments when due on several loan obligations to Legacy, as well as for failing to make
tax payments when due. By letter dated September 16, 2004, Legacy declared the
Borrower to be in Default under the Note and made demand for immediate payment in
full of all amounts due and owing under the Note.
Pursuant to Section 1 of the Guarantee, Guarantor agreed to pay all amounts due under
the Note when Lender makes written demand upon the Guarantor for payment.
Tucker Arensberg, P.C. 111 North Front street P.O. Box 889 Harrisburg, PA 17106 www.iuckerlaw.com
p. 800.257.4121 p. 717.234.4121 f. 717.232.6802
TUCKER ARENSBERG
Attorneys
HealthCore of Maryland, LLC
September 22, 2004
Page 2
Pursuant to the direction of Legacy Bank, we hereby notify you that Legacy Bank hereby
makes demand for payment of the entire balance under the Note pursuant to the
Guarantee and demands immediate payment of all principal, interest, and fees, currently
$444,454.49, together with accruing interest, attomeys' fees and other expenses. This
balance is current as of September 15, 2004, but does not include attorneys' fees and
costs. For a complete breakdown of the same, please contact the undersigned.
Payment should be made by cashier's check or wire transfer to The Legacy Bank, 2600
Commerce Drive, Harrisburg, PA 17110. The Legacy Bank reserves all rights and
remedies that it has under the Note, any other loan documents executed in connection
with the Note, any other loan documents by the Borrower, any third party obligor, any
pledgor, any guarantor and/or at law or in equity.
Thank you for your immediate attention to this matter.
Very truly yours,
TUCKER ARENSBERG, P.C.
I
F. Stephenson Matthes
FSM/dth
cc: Jenine J. Kerr
Ronald W. Baer
Krista K. Baer
W&C Realty & Holdings, L.P.
HealthCore of Ohio, LLC
HealthCore, LLC
BANK FIN:232606-1 016986-120545
b
TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V.
HEALTHCORE OF MARYLAND, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO. i q7
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
SS.
Don Signor, being duly sworn according to law, deposes and says that he is a
Loan Review Officer of The Legacy Bank, that he is duly authorized to make this
affidavit on behalf of Plaintiff; that the facts set forth in the foregoing Complaint in
Confession Of Judgment are true and correct to the best of his information and belief;
and that the Guarantee (as defined in the Complaint) which is attached as an Exhibit to
the Complaint In Confession Of Judgment is a true and correct copy of the original
executed by the Defendant.
Don Signor, L an R ew Officer
The Legacy Bank
and subscribed before me
day of September, 2004.
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V.
HEALTHCORE OF MARYLAND, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
SS
Before me, the undersigned Notary Public, in and for said County and State,
personally appeared Don Signor, Loan Review Officer of The Legacy Bank, Plaintiff
herein who, as an authorized representative thereof, being duly sworn according to law,
deposes and says that the Defendant is not in the military service of the United States
of America, to the best of his knowledge, information and belief.
Don Signor, L;an iew Officer
The Legacy Bank
to n subscribed before
ay of Septe ber, 2004.
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V.
HEALTHCORE OF MARYLAND, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.
AFFIDAVIT OF INCOME
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
SS
Don Signor, being duly sworn according to law, deposes and says that he is a
Loan Review Officer of The Legacy Bank; that he is a duly authorized representative of
Plaintiff; and that to the best of his knowledge, information and belief the income of the
Defendant is in excess of $10,000.00 per year.
/T?
Don Signor, Loar?Revi Officer
The Legacy Bank
*n to and Subscribed before me
ay of September, 2004.
ry Public
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I. D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone; 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V,
HEALTHCORE OF MARYLAND, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.
AFFIDAVIT OF NONAPPLICABILITY OF
GOODS AND SERVICES INSTALLMENT SALES ACT
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
SS
Don Signor, being duly sworn according to law, deposes and says that he is a Loan
Review Officer of The Legacy Bank; that he is a duly authorized representative of Plaintiff; that
the Complaint In Confession Of Judgment does not arise out of a retail installment sale,
contract, or account, as defined under the Goods and Services Installment Sales Act, 69 Pa.
Stat. Ann. §1101, et seq.; and that the foregoing facts are true and c rect to the best of his
knowledge, information and belief.
Don Signor,116an R iew Officer
The Legacy Bank
iwor to and Subscribed before me
i day of September, orlt?? LT"M s
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff
V.
HEALTHCORE OF MARYLAND, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.
AVERMENT OF DEFAULT
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
SS.
Don Signor, being duly sworn according to law, deposes and says that he is a Loan
Review Officer of The Legacy Bank, that he is a duly authorized representative of Plaintiff; that
the Defendant executed the Guarantee (as defined in the Complaint), true and correct copies of
which are attached to the Complaint; that the Defendant is in default under the Guarantee; and
that there is $445,615.25 due and owing under the Guarantee as of ly 6, 2004.
Don Signor, an R ew Officer
The Legacy Bank
Swor and subscribed before me
day of September, 2004.
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V.
HEALTHCORE OF MARYLAND, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.
AFFIDAVIT OF COMMERCIAL TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
SS
Don Signor, being duly sworn according to law, deposes and says that he is a
Loan Review Officer of The Legacy Bank; that he is a duly authorized representative of
Plaintiff; that the underlying transaction relative to this Complaint In Confession Of
Judgment is a commercial transaction to the best of his knowledge, information and
belief.
Don Signor, Lean view Officer
The Legacy Bank
Sworn to and subscribed before
? day of September, 2004.
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
v.
HEALTHCORE OF MARYLAND, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF
JUDGMENT.
PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED
AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE
PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS:
Pennsylvania Rule of Civil Procedure 2959 - Strikinq Off Judqment.
(a)(1) Relief From ajudgment by confession shall be sought by petition. Except as
provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it
must be asserted in a single petition. The petition may be filed in the county in which the judgment
was originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has
stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show
cause and may grant a stay of proceedings. After being served with a copy of the petition the
plaintiff shall file an answer on or before the return day of the rule. The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or
answer.
(d) The petition and the rule to show cause and the answer shall be served as provided
in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings
on the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which a jury trial would require the issues to be
submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
T CKE NSBERG, P.C.
F! Stephenson Matt es
PA Lam. No. 67408
111 North Front Street
Dated and Served: P.O. Box 889
September 21, , 2004 Harrisburg, PA 17108-0889
By Certified Mail Telephone: 717-234-4121
Return Receipt Requested Facsimile: 717-232-6802
72004.1
Attorneys for Plaintiff,
The Legacy Bank
-2-
6
TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
V.
COURT OF COMMON PLEAa
CUMBERLAND COUNTY
CIVIL DIVISION
HEALTHCORE OF MARYLAND, LLC NO.
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby
notified that a JUDGMENT BY CONFESSION has been entered against you in the
above-captioned proceeding. Copies of all documents that have been filed with the
Prothonotary in support of the Confession of Judgment are attached hereto.
If you have any questions concerning this Notice, please call, F. Stephenson
Matthes, Esquire, at (717) 234-4121.
i
PRO ONOT
720051
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s
IN THE COURT OF COMMON PLEAS OF CUMBERLA14D COUNTY, PENNSYLVANIA
THE LEGACY BANK, CIVIL DIVISION
2600 Commerce Drive,
Harrisburg, PA 17110
Plaintiff, NO. 04-4782
vs.
HEALTHCORE OF MARYLAND, LLC, PRAECIPE FOR WRIT OF EXECUTION
47 West Pomfret Street JUDGMENT
UPON
Carlisle, PA 17013,
Defendant,
and Filed on behalf of:
The Legacy Bank, Plaintiff
CITIZENS BANK,
COMMUNITY BANK,
M&T BANK, and
S-,iNC., 34°
Garnishees. CODE:
Counsel of Record for This Party:
F. Stephenson Matthes
PA. I.D. NO. 67408
TUCKER ARENSBERG, P.C.
Firm #287
111 North Front Street
P.O. Box 889
Harrisburg, PA 17110
p. 717.234.4121
?d ? f ?cvk,6U c-
IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE LEGACY BAN
2600 Commerce Drive
Harrisburg, PA 17110,
vs. Plaintiff,
.
HEALTHCORE OF MARYLAND, LLC,
47 West Pomfret Street,
Carlisle, PA 17013,
and Defendant,
CITIZENS BANK,
COMMUNITY SAVINGS BANK,
M&T BANK,
CAPITAL TEMPFUNDS, INC.
Garnishees.
CIVIL DIVISION
NO. 04-4782
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary: UPON CONFESSION OF JUDGMENT
Issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against, Healthcore of Maryland, LLC, Defendant;
(3) and against Citizens Bank, Community Savings Bank, M&T (Bank an??
-lac., Garnishees ?y SEE- A'iTRct+&b S4CC.r- Fbr- f}pp?r?s
(4) and index this writ
(a) against Healthcore of Maryland, LLC, Defendant;
(b) and against Citizens Bank, Community Savings Bank, M&T Bank and-£2pfts,,
, Garnishees; S EERt Iij S }{?T ?D? p pfES
(5)
Amount due $_ 445,615.25
Total $ 4425
CERTIFAT- ION
I certify that:
(a) this Praecipe is based upon a judgment entered by confession, and
(b) Notice will be served with the Writ of Execution pursuant to Rule 2958.3.
ARENSBERG, P.C.
F. Ste hen a
Pa. #674138
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NOPq-Lr S l
Civil
TO THE SHERIFF OF CUMBERLAND CIVIL ACTION- LAW
To satisfy the debt, interest and costs due THE From HE LEGACY BANK Plaintiff(s)
HEALTHCORE OF MARYLAND, LLC 47 W. POMFRET ST., CARLISLE PA 17013.
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of CITIZENSS BANK, 665 N EAST ST, CARLISLE PA 17013: COMMUNITY BANKS, 1178
NE WMLLE RD, CARLISLE PA 17013 AND M&T BANK, I W HIGH CARLISLE PA
17013 GARNISHEE(S) as follows: ST,
ATTACH THE PROPERTY OF DEFT
BUT NOT LIMITED TO IN POSSESSION OF GARNISHEE BAN
ANY FUNDS ON ACCOUNT AND ? INCLUDING
INTERROGATORIES UPON G BANK DEPOSITS. KIN
DLY SERVE
and to notify the GARNISHEE BANKS.
nd' any that: (a) an attachment has been issued; (b) the
g y debt to or for the account of the defendant s
(s) or otherwise disposin garnishee(s) is enjoined from
g thereof, Oand from delivering any property of the defendant
(3) If property of the defendant(s) not levied upon an subject to attachment is foun
garnishee and is en din the possession
of anyone other than a Warned garnishee, you are directed to notify him/her that he/she has been added as a
joined as above stated.
Amount Due $445,615.25
Interest
Atty's Comm %
Arty Paid $37.50
Plaintiff Paid
Date: SEPTEMBER 30, 2004
(Seal)
REQUESTING PARTY:
Name s: STEPHENSON MATTHES, ESQ.
Address: P O BOX 889,111 N FRONT ST
HARRISBURG PA 17110
Attorney for: PLAINTIFF
Telephone: (717) 234-4121
Supreme Court ID No. 67408
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary
By.
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
THE LEGACY BANK
Plaintiff(s),
vs.
HEALTHCORE OF MARYLAND, LLC
Defendant(s),
vs.
CITIZENS BANK OF PA,
Garnishee.
No. 04-4782
Praecipe for Appearance
Code: 200 Execution
Filed on Behalf of Garnishee,
Citizens Bank of PA
Counsel of Record for
this Party:
David F. Mowrey, Esquire
PA I.D. No. 30431
2 Commerce Square
2001 Market Street
Suite 600
Philadelphia, PA 19103
(26'7)-671-1033
IN THE COURT OF COMMON PLEAS OF CUMB17RLAND COUNTY, PA
CIVIL DIVISION
PRAECIPE
TO: Office of the Prothonotary
One Courthouse Square
Courthouse
Carlisle, PA 17013-3387
Sir:
Kindly enter my appearance on behalf of Garnishee, Citizens Bank of PA
David F. Mowrey, Esquire
2 Commerce Square
2001 Market Street
Suite 600
Philadelphia, PA 19103
Certificate of Service
I, David F. Mowrey, hereby certify that a true and correct copy of this Praecipe for
Appearance has been served upon the f/ol_lowing by depositing it in the U. S. Mail, postage
prepaid, this ra`(` day of D C77J ?7-0- rZ , 2004.
F. STEPHENSON MATTHES,
ESQUIRE
111 NORTH FRONT STREET
P.O. BOX 889
HARRISBURG PA 17110
HEALTHCORE OF MARYLAND
LLC
David F. Mowrey, E uire
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IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
vs.
Plaintiff,
HEALTHCORE OF MARYLAND, LLC,
47 West Pomfret Street,
Carlisle, PA 17013,
Defendant,
and
M&T BANK,
Garnishee.
CIVIL DIVISION
NO. 04-4782
INTERROGATORIES TO GARNISHEE
TO: M&T BANK
1 West High Street
Carlisle, PA 17013
YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING INTERROGATORIES
WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY
RESULT IN JUDGMENT AGAINST YOU.
1. At the time you were served or
Defendants any money or were you liable to him on
other written instrument, or did they claim that you
for any reason.
ANSWER:
at any subsequent time did you owe the
any lease, mortgage or on any negotiable or
owed them any money or were liable to them
tiq
QUO A?T6
'4"q? FNq Nor
2. If the answer to Interrogatory 1 is in the affirmative, state the following: (a) the
amount of money you owe or owed to Defendants; (b) if such money is in the form of a fund, the
present location thereof; (c) the amount or amounts that Defendants claim or claimed that you
owe or owed to him; (d) the nature and amount of each of such liabilities.
ANSWER:
3. At the time you were served or at any subsequent time was there in your
possession, custody or control of yourself and one or more other persons any property of any
nature owned solely or in part by the Defendants.
ANSWER:
4. If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market
value and present location of each of such properties.
ANSWER: h'9S+
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5. At the time you were served or at any subsequent time did you hold legal title to
any property of any nature owned solely or part by the Defendants or in which Defendants held or
claimed any interest?
ANSWER:
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6. If the answer to interrogatory 5 is in the affirmative, described the nature, fair
market value and present location of each of said properties.
ANSWER:
7. At the time you were served or at any subsequent time did you hold as fiduciary
any property in which the Defendants had an interest?
ANSWER:
8. If the answer to interrogatory 7 is in the affirmative, describe the nature, fair market
value and present location of each of such properties.
ANSWER: /yqs
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9. At any time before or after you were served, did the Defendants transfer or deliver
any property to you or to any person or place pursuant to your directions or consent, and if so
what was the consideration thereof?
ANSWER:
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10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market
value and present location of each of such properties.
ANSWER:
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11. At any time after you were served did you pay, transfer or deliver any money or
property to the Defendants or to any person or place pursuant to his direction or otherwise
discharge any claim of the Defendants against you?
ANSWER: \
JANICE M. GLASGOW
M&T BANK j
04
P.C.
F. t henson Matte, Esquire
Pa. . #67804
111 North Front Street
P.O. Box 889
Harrisburg, PA 17110
p. 717.234.4121
BAN K_FIN 233042-1 016966-120545
-4-
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04782 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
LEGACY BANK THE
VS
HEALTHCORE OF MARYLAND LLC
And now RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0012:00 Hours, on the 8th day of October , 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
HEALTHCORE OF MARYLAND LLC
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH STREET
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
KIM SEAVERS (TELLER)
, in the
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
So answers:
3 '. it/_"?
R. Thomas Kline!!!
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed t before me
By
t ' s day of
J? -
J14
Prothonota Y
Deputy Sheriff
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04782 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
LEGACY BANK THE
VS
HEALTHCORE OF MARYLAND LLC
And now BRIAN BARRICK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:35 Hours, on the 13th day of October , 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
HEALTHCORE OF MARYLAND LLC
hands, possession, or control of the within named Garnishee
COMMUNITY BANKS 201 ST JOHNS CHURCH ROAD
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
PAULETTE ROVITO (MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
00
in the
true
and made
So answers:
R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed o before me
By
t s ?,+?? day of ?
07 A,D.
PProothonotdry
T
4,01-) 0c
Deputy Sheriff
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04782 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
LEGACY BANK THE
VS
HEALTHCORE OF MARYLAND LLC
And now JASON VIORAL Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:54 Hours, on the 7th day of October , 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
HEALTHCORE OF MARYLAND LLC , in the
hands, possession, or control of the within named Garnishee
CITIZENS BANK 665 N EAST ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
CATHY COLE (ASST. MANAGER)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So an
Docketing .00 ?
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
00
00/00/0000
Sworn and subscribed before me
t is day of
_ GjJ A.
f J
Prothonota/y
:??l
By
D puty Sheriff
n r SC 1
The Legacy Bank
VS
Healthcore of Maryland, LLC
Writ of Execution
Docket No. 2004-4782 Civil Term
2009 AUGG 31 AKIN 11: 14
CUM
t?rt1Yf tii i?+y?it?'?i ttri l
And Now, August 25, 2009, R. Thomas Kline, Sheriff, who being duly sworn
according to law, states the above captioned writ is returned ABANDONDED. No action
has been taken since October 18, 2004.
Sheriff's Costs:
Docketing $18.00
Surcharge 70.00
Garnishee 27.00
Levy 60.00
Mileage 11.10
Prothonotary 1.50
Poundage 3.75
$191.35
So Answers: 1
R.' Thomas Kline, Sheriff
BY ti d
Sergea t
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