HomeMy WebLinkAbout04-4791
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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,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
CIVil DIVISION
HEAL THCORE OF OHIO, llC
47 West Pomfret Street
Carlisle, PA 17013,
NO. 04~ It/lq I
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
late fees from July 6, 2004
$444,454.49
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)
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA 1.0. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
(J.
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
CIVIL DIVISION
NO. () Y- c.f7Cj J
HEAL THCORE OF OHIO, LLC
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 Ohio, 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, and costs of this action (to be determined)
--....,
F. t
PA . . No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
Dated:
1J-1o'L- Df
Attorneys for Plaintiff,
The Legacy Bank
72023.1
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA 1.0. 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.
CIVIL DIVISION
HEAL THCORE OF OHIO, LLC
47 West Pomfret Street
Carlisle, PA 17013,
NO. Ot{ -~ L(lC{ I
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 Ohio, 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 "0".
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.
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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
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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.
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PAl
111 rth Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
Dated:
72024.1
?-'L....n'
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Attorneys for Plaintiff,
The Legacy Bank
-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.
CIVIL DIVISION
NO.
HEAL THCORE OF OHIO, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
VERI FICA TION
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. S4904 relating to unsworn falsification to
authorities.
Dated:
72025.1
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Officer
CERTIFICATE OF SERVICE
AND NOW, thisC) 3"J day of JLrbh,J~ ,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 Retum Receipt Requested, postage
prepaid, addressed as follows:
HealthCore of Ohio, LLC
47 West Pomfret Street
Carlisle, PA 17013
Uqlu'-r\.J W'.-hu~
Dawn T. Heilman '
72101.1
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U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
SBA Loan . GP 626 380 40 09 HBG
SBA Loan Name HeallhCore, LLC
HeallhCOlI 01 Ohio, LLC
Guarantor
HeallhCore, LLC
BalTOwer
Lender The Legocy Bank
Date April 30, 2003
Note Amount 500,000.00
I. GUARANTEE:
GWlr'IDtor unconditionally guanmtees payment to Lender of all amounts owing under the Note. This GWlr'IDtee remains
in effect until the Note is paid in fUll. Guarantor must pay all amounts due WIder the Note when Lender mokes wrillell
demand upon Guarantor. Lender is not ~ircd to seel< payment from any other source before demanding paymenl from
Guarantor.
2. NOTE:
The "Note" is the promissory note dated
FIVE HUNDRED TI-fOUSAND AND NO/lOO
Apr1l 30, 2003
in the principal amount of
DoOars,
from Bonowcr to Lender. II includes any assumption. renewal, substitution, or rcplocemcnt of the Note, and multiple
notes under a line of credit.
3. DEFINITIONS:
"CoUatenll" means any propcny taken as security for paymenl of the Note or any guarantee of the Note.
"Loan" means the loan evidenced by the Note.
"Loan Docwncnts" means the documents relBlCd to the Loan signed by Borrower, GuanmlOl' or any olber guanmtor, or
anyone who pledges Collatcntl.
"SBA" meons lbe Small Business Adminislrlllion. an Agency of the United StOles of AmcricL
saA Form 148 (UWB) Previous _lIS aboolBlB.
Page 1/5
Bankers Systems, Inc., Sl Cloud, MN
4. LENDER'S GENERAL POWERS:
Lender may lake any of the foUowing actions II any time. without notice. without GuarllJlIlII" s coll5ent, and wi!hout
making delD8Dd upon Guarantor:
A. Modify the lmDS of !h. Note lII' any other Loan DocumeDl.xceplto increase the amoUDlS due UlIder the Note;
B. Refrain from taking any action on the Note. !h. CoIIalera1, or any guarante.;
C. ReI.ase any Bonower or any guarantor of the Note;
D. Compromise or settle with !h. Bonower or any guarantor of lb. Note;
E. Substitute or rel.ase any of the CoU.ten!. whether or DOl LeDder receives anythiDg in retum;
F. Foreclos. upon or otherwise obtain, and dispose of. any CoUateraI 81 public or priv.te sale. wi!h or without
advcrtisemCllt;
G. Bid or buy 81 any sal. of CoU.teraI by Lender or any other liCDholder. II any price LCDder chooses; and
H. Excrc:is. any rights it h... including those in the Note and other Loan Documents.
Thes. actions will Dol rei.... or reduce the obligations of Guarantor or create: any rights or claims .gainstl.CDd....
S. FEDERAL LAW:
Whcu SB'" is the holder. !h. Note and this Guarantee will be CODstrued and CIIforced UDder f.denll.w. iDc.luding SBA
regulations. Lender or SBA ",.y use swe or local procedl1l'Cs for filing papers, recording documc.nts. giving notice.
foreclosing Ii.... and other purposes. By using sllCb procedllJ'Cs, SBA docs nOl waive any federal immunity from swe or
local control. penalty. laX, or li.bility. As to this Guarantee. Guamuor m.y nOl claim or ..sert any local or swe I.w
against SBA to deny any obligation. d.feat any claim of SBA. or preelDpl fcderallaw.
6. RIGHTS. NOTICES. AND DEFENSES TIlATGUARANTOR WAIVES:
To the .XlCDt permitted by I.w.
A. Guarantor waives all rights to:
I) Require preSCIIllllcnl, protest, or demand upon Borrower;
2) Redeem any CoUareral before or aftto- Lendc: disposes of it;
3) H.ve any disposition of Collateral advertised; and
4) Require a valuation of CoIIatcnl before or aftto- Lender disposes of iL
B. Guarantor waives any notic. of:
I) ABy default under the Note;
2) PresClltmCllt, dishonor. protesL or demand;
3) Exccution of the Note;
4) Any action or inaction on !h. Note or ColIlIIen!. sllCb IS disbursements. paymCll1, nonpayment, acceIoralion,
inlCDt 10 accelcralc. ..signmeut, collection activity. and inauring enfon:ement Cltpenscs;
S) Any chang. in lb. fiDux:iaI condition or business opcntiOllS of Borrowe: or lilY guaranlOr;
6) Any cIumge. in the lenDs of the Note or olhcr Loan Documems. Cltcepl increases in the amounts due UDder the
Note; and
7) The time or place of any sal. or other disposition of CoIlatcnl.
C. Guarantor waiv.s clef...... b..ed upon any claim that:
I) Lender failed to obtain any guarantee;
2) Lender failed to obtain. perfect, or maintain . security interest in lilY pmpetty offered or talc... IS CoUateraI;
3) Lender or othcn improperly valuccl or inspected the CoUatcnl;
4) The CoI1atcnl changed in val.... or w.. n.glccled. IOJ!, destroyed, or underinsured;
SElA Form 148 (10198) P_ odlliDns abIolotB.
Pogo 215
Banke.. Systema. Inc.. SL Cloud, MN
5) Lender impaired the CollBleraI:
6) Lender did Dol dispo.. of any of the Collateral;
7) Lender did nnt conduct a colllllleICially reasonable sale;
8) Lender did nOl oblaill the fair mark.t value of the Collateral;
9) Lender did not make or perl'ecl a claim upoD the doaIh or disability of BotrOWel' or any guaranlOr of the
Note;
10) Tbelimmcial condition of Borrower or any guarantor was OYOlSlaled or has adversoly changed;
II) Lender made 0I1'0t'S or omissions in Loan Documents or administration of the LoIl1;
12) Lender did not seek payment from the Borrower, any other guaranlOrs, or any Collateral befOlO ~""'onofu!g
payment from Guarantor:
13) Lendor impaired Guarantor's suretyship righu;
J 4) Lender modified the Note terms. other than 10 incroase amounts due UDder the NOlO. H Lender modifies the
Note 10 inere... the amounts duo under the NOlO without Guarantor's COllSCDt, Guarantor will Dot be liable
for the increased amounts and rela~ in.....st and expotl505, but remains liable for all other amounts;
15) Borrower has avoided liability 011 the Note; or
16) Lender has taken an actiOll allowed UDder the NOlO, this Guarantee, or other Loan Documents.
7. DUTIES AS TO COlLATERAL:
Guarantor will preserve the Collateral pledged by Guarantor 10 secure this Guarantee. Lender has DO duty 10 preserve
or dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Undor this Guarantee, Guarantor iDcludes heirs and successon, and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES. Guanmtor promises 10 pay all expenses Lender incurs 10 enforce this Guarantee,
including, but not limited 10, attorney's fees and costs.
B. SBA NOT A CO-GUARANTOR. Guarantor's liability will contiDUO even if SBA pays Lender. SBA is DOl a
co-guarantor with Guarantor. Guarantor has DO right of CODlributiOll from SBA.
C. SUBROGA nON RJGHTS. Guarantor has no subrogatiOll rights as 10 the Note or tho Collateral until the Note is
paid in fUll.
D. JOINT AND SEVERAL UABll.ITY. All individuals and entities signing as Guarantor are jointly and severally
liable.
E. DOCUMENT SIGNING. Guatmltor must sign all documents llOCesSlU)' Blany time 10 comply with the Loan
Documents and 10 enable Lender 10 acquire, perl'ect, or maintain Lender's liens 011 Collateral.
F. FINANCIAL STATEMENTS. Guarantor must give Lender liDancial statements as Lendor require..
G. LENDER'S RJGHTS CUMULA TlVE, NOT WANED. Lender may exerci.. any of its rights soparately or
IOgether, as many times as it choo.... Lender may delay or fmgo enforcing any of its rights without losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may Dol WIO an oral stalemeDt 10 conlndict or alter the written
terms of the Note or this Gultmltee, or 10 raise a deeenselO this Guatmltee.
I. SEVERABILITY. If any part of this Guarantee is fOllDd 10 be unenforceable, all other parts will remain in effecL
J. CONSIDERA nON. The consideration for this Guarantee is the Loan or any accommodation by Lender as 10 the
Loan.
SBA Fann 148 (1lW8) Provious _ns-.e.
Pogo 3IS
Bankers Sysl8ma, Inc., SL Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon d.fault, In addition to all other remedies and rights avallabl.to
you, by .igning b.low I irrevocably authorlz.th. prothonotary, cl.rk, or any allomsy to appear in any court of record having
juri.diction ov.r this malter and to conf... Judgment ag.inst m. at any tim. without st.y of exBCution. I waive notice, ..rvic. of
proces., and proc.... I .gre. and und.rsland that judgm.nt may be conf...ed .gainS! me for any unpaid principal, l\CClUed
charge. due on this Note, plus collection costs and r.asonabl. allomey.' fees up to 15 parcent of Ihe judgement. The ex.rci.. of
th. pow.r to conf... Judgment will not exhau.t thi. warrant of authority to und.rstand that my property mey be ..Ized without prior
notice to sati.fy th. d.bt owed. I knowingly, intentionally, and volunlarily waive any and aU ccnstllullonal rights I have to
pr.-d.privalion noUc. and h.aring under fed.ral and .late laws and fully und.rstand the con.equ.nces of thi. waiver.
By .igning immediately below, I agree to th. t.rms of the CONFESSION OF JUDGEMENT .ectIon.
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Date I
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SBA Fann 148 (1G'98) Previous edition. obaotete.
Pago 415
Bank.rs System., Inc., Sl. Cloud, MN
11. GUARANTOR ACKNOWLEDGMENT OF TERMS.
Guarantor acknowledges thaI Guarantor has read and understands the significance of all tenDs of the Norc aDd this
Guanmtee, including all waivers.
12. GUARANTOR NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligared as Guarantor UDder this Guaranrce.
Apn13O, 2003
April 30, 2003
SBA Fonn 148 (10198) Previous editions DbSoaete.
Page SIS
Bankers Systems, Inc., St Cloud, MN
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u.s. Hlull .1Il.- Adminiltnt.lab
U.S. Small Business Administration
NOTE
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SBA Loan . GP 626 360 40 09 HBG ~( ~'\ ,~
SBA Loan Name HeallhCore, LLC ~~
, April 30, 2003
Date
Loan Amount 500,000.00
Interest Rale WSJ Prime + 2.75%
HeallhCore, LLC
Borrower
Operating
Compeny
Lender The Legacy Bank
1. PROMISE TO PAY:
I:i1 return for the Loan. Ilomlwer promises 10 pay 10 the order of Lender the amounl of
FIVE HUNDRED THOUSAND AND NO/I 00
Dollars,
inlereSI ou the unpaid principal balance, and all other amounts required by tbia Note.
2. DEFINITIONS:
"Collareral" means any property taken as security for paymeut 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 10 this loan signed by Borrower. any Guarantor, or anyone who
pledges collateral.
"SBA" means the Small Business Adminislraliou, IU Agency oftbe United Stales of America.
"
. .
Page 1/8
Bankers Systems, Inc., SL Cloud, MN .
SBA Form 147 (0&'03/02J Version 4.1
3. PAYMENT TERMS:
BOltOwer musl make all payments at the place Lender designates. The payment term5 for this NolO 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.
"-.J 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 initi~1
.disbw:sl!mAnt nn thi~ Nnte 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 ~~Iy as needed to amortize principal over the remaining tenn
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 paYl)'lent 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.
$SA Fonn 147 (08103102) Version 4.1
Page 216
Bankers Systems, Inc., SL 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 BOltOwer
or Operating Company:
A. Fails 10 do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C. Does not preserve, or account ro Lender's satisfactioo for, any of the Collarerai or its proceeds;
D. Does not disclose, or anyone acting on their hehalf does not disclose, any material facl to Lender or SBA;
E. Makes, or anyone acting on their behalf makes, a mareriaIly false or misleading representation 10 Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may mareriaIly affect
BOlTower's ability 10 pay this Note;
G. Fails 10 pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or iosolvency law;
l. Has a receiver or liquidator appointed for any part of their business or property;
J. Makes an assignment for the benefit of credilDr1:
K. Has any adverse change in financial CODdition or business oper1llioo that Lender believes may mareriaIly affect
BOltOwer's ability to pay this Note;
L. Reorganizes, merges, consolidates. or otherwise changes ownership or business strucaue without Lender"s prior
written consent; or
M. Becomes the subject of a civil or criminal actiou 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 immedialO payment of all amounts owing under this Note:
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit aod obtain judgment:
D. Take possessioo of any Collareral; or
E. Sell, l...e, or otherwise dispose of, any Collareral at public or privare sale, with or wilbout 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 aoother 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
DocumenL and preserve or dispose of the Collateral. Among other thiogs, the expenses may include payments
for property taltes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attomcy's
fees and costs. If Lender incurs such expenses, it may demand ilIImodiare repayment from Borrower or add the
expenses to the principal balance;
C. Rele... anyone obligated 10 pay this Note;
D. Compromise, rele..., renew, extend or substiture any of the Collarerai; and
E. Take any action necessary to protect the Collareral or collect amounts owing on this Note.
SBA Fa"" , 47 (06I03IU2) v~ 4.'
Page 3/8
Bankers Systems, Inc., St Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is the bolder, this Nore will be interpreted and enforced under federa1law, including SBA regulations.
Lender or SBA may use stare or local procedures for filing papers, recording documeots, giving ootice, foreclosing
liens, and other purposes. By Using such procedures, SBA does not waive any federal immunity from stale or local
control, penalty, taX, or liability. As to this Nore, BOltOwer may oot claim or assel1 against SBA any local or stare law
to deny any obligation. defeat any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Nore, 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 Nore are jointly and severally liable.
B. BOltOwer waives all suretyship defenses.
C. BOltOwer must sign all documents necessary at any time 10 comply with the Loan Documents and to enable
Lender 10 acquire. perfect, or maintain Leoder's liens on Collateral,
D. Lender may exercise any of its rights separarely or together, as many times and in ony order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them.
E. BOltOwer may not use an oral stalement of Lender or SBA 10 contradict or alter the written IOlIDS of this NolO.
F. If any part of this NolO is unenforceable, all other parts remain in effecL
G. To the extent aIlowed by law, Borrower waives all demands and notices in connection with this Nore, including
presentmeu1, demand, proresL and ootice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfecL or maintain alien upon COUatera1: impaired
CoUareral; or did not obtain the fair market value of Collateral at a sale.
SBA Fonn , 47 (0lI/03Ill2) V..- 4.1
Page 418
Bankers SyslBma, Inc., St Cloud, MN
10. STATE.SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon defaul~ in addition to all other remedies and righls avaUablelO
you, by signing below I irrevocably aulhorize the prolhonotary, clerk, or any attorney to appear in any court of record having
jurisdiction over this matter and to conleas judgment againat me al any time without stay of execution. I waive notice, service of
process, and procesa. I agree and understand that judgment mey be confessed agalnat me for any unpaid principal, accrued
charges due on Ihis Note, plus collection costs and reasonable a1tomeys' fees up 10 15 percent of the judgemenl The oxercise 01
the power 10 confess judgment will not exhausllhis werrant of aulhorily to understand Ihat my property may be aeized without prior
notice 10 satisfy the debl owed. I knowingly, intentionally, and voluntarily waive any and all conatilutional rights I have to
pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver.
SBA Fonn 147 (06103I02) Varsion 4.1
Paga SI8
Bankers Systama, Inc., Sl. Cloud, MN
II. BORROWER'S NAME(S) AND SIGNA TURE(S):
By signing below, each individual or entity becomes obligated UDder this Note as Borrower.
HealthCore, LLC
SBA Fonn 147 (QM)3IQ2) Vef8ian 4.1
Apr1l 30, 2003
Ap~1 30, 2003
Page 618
Bankers Systems, Inc" SL Cloud, MN
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TUCKERIARE~~~fn~~
F. Stephenson Matthea
amallhea@tuckerlaw.com
September 16, 2004
VIA CERTIFIED MAILi RETURN RECEIPT REQUESTED
NO, 7002 2410 000123672348 AND FIRST CLASS MAIL
Jenine J. Kerr
Krista K. Baer
HealthCore, LLC
47 West Pomfret Street
Carlisle, PA 17013
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 Agreemenf'), 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 Arenaba'g. P.C. 111 North Fronl Streer P.O. Box 889 Harrlsburg, PA 17108 www.tuckerlaw.com
- - p.800.257,4121 p.717.234.4121 f. 71~2rao2
TUCKERIAREN;,~~?,~~
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 cDnnection
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,
T{C~ER ARENSBERG, P.C.
I \
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F.~Phenson 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
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Exhibit 0
TUCKERIAREl\{~~~~
F. Stephenson Matthea
ametlhes@tucke~aw.com
September 22, 2004
VIA FACSIMILE, CERTIFIED MAIL, RETURN RECEIPT REQUESTED
NO, 7002 2410 0001 2367 2799 AND FIRST CLASS MAIL
HealthCore of Ohio, 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 Agreemenf'), 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 Ohio, 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 Dn any other loan with Lender; (c) does not preserve or account
to Lender's satisfaction for, any of the Collateral or its proceeds; Cd} 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; Cd} 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 17108 www.tuckerlaw.com
p.800.257.4121 p.717.234.4121 I. 717.232.6802
TUCKERIAREl\{~~~
HealthCore of Ohio, 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
$444,4~.49, together with accruing interest, attorneys' fees and oth~r expens~. This
balance IS current as of SeDIAmh..r 11; ?nllA ..,.. ...___ __" '__'__J_ ..
TUCKERIARE~~~~~
HealthCore of Ohio, 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 NDte, 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,
~;:;;;::::'~~/tiP-
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, LLC
BANK..FIN:232806-1 018988-120545
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.~ENSBERG, P .C.
"'{uc\<btepnenson Matthes
'O'oI..'A \.0. No. 67408
40rth Front Street
). Boll. 889
larrisburg, 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 COUNT'l
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By: F. Stephenson Matthes
PA 1.0. 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.
CIVIL DIVISION
HEAL THCORE OF OHIO, LLC
47 West Pomfret Street
Carlisle, PA 17013,
NO,
Defendant.
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 swom 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. 7
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The Legacy Bank
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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.
CIVIL DIVISION
NO.
HEAL THCORE OF OHIO, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
AFFIDAVIT OF INCOME
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
: SS
Don Signor, being duly swom 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. .
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Officer
and Subscribed before me
day of September, 2004.
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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
t),
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
v.
HEAL THCORE OF OHIO, 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. 51101, et ~.; and that the foregoing facts are true and correct to the best of his
knowledge, information and belief. '.
Swor[1 to and Subscribed before me
t . day of September, 20
otary 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,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
CIVIL DIVISION
NO.
HEAL THCORE OF OHIO, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
AVERMENT OF DEFAULT
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
SS.
Don Signor, being duly swom 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 J Y6,2004.
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day of September 004.
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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,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
CIVIL DIVISION
NO.
HEAL THCORE OF OHIO, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
AFFIDAVIT OF COMMERCIAL TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
: SS
Don Signor, being duly swom 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. '
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Sworn t~,\d s~bscribed before
is~ay of September, 2004.
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Don Signor, Loan-
The Legacy Bank
Officer
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TUCKER ARENSBERG, P.C.
By: F, Stephenson Matthes
PA 1.0. No. 67408
111 North Front Street
P,O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
v.
CIVIL DIVISION
NO.
HEAL THCORE OF OHIO, LLC
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
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:
Pennsvlvania Rule of Civil Procedure 2959 - Strikina Off Judament.
(a)(1) Relief From a judgment 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 2958.1 (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 ding.
P.C.
Dated and Served:
September a, 2004
By Certified Mail
Return Receipt Requested
. S phenson
P .D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
Attorneys for Plaintiff,
The Legacy Bank
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TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA 1.0. 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.
CIVIL DIVISION
HEAL THCORE OF OHIO, LLC
47 West Pomfret Street
Carlisle, PA 17013,
NO.
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.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
THE LEGACY BANK,
2600 Commerce Drive,
Harrisburg, PA 17110
Plaintiff,
NO. 04-4791
vs.
PRAECIPE FOR WRIT OF EXECUTION
UPON CONFESSION OF JUDGMENT
HEALTHCORE OF OHIO, LLC,
47 West pomfret Street
Carlisle, PA 17013,
Defendant,
and Filed on behalf of:
The Legacy Bank, Plaintiff
CITIZENS BANK,
COMMUNITY BANK,
M&T BANK, and
---CAPITAL TCMrFUNDS, INC. ' -It''
Garnishees. CODE:
Counsel of Record for This Party:
F. Stephenson Matthes
PA. 1.0. NO. 67408
TUCKER ARENSBERG, P.C.
Firm #287'
111 North Front Street
P.O. Box 889
Harrisburg, PA 17110
p. 717.2~i4.4121
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IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
Plaintiff,
NO. 04-4791
vs.
HEAL THCORE OF OHIO, LLC,
47 West pomfret Street,
Carlisle, PA 17013,
Defendant,
and
CITIZENS BANK,
COMMUNITY BANK,
M& T BANK, and
CAPITAL TEMPFUNDS,INC.
Garnishees.
PRAECIPE FOR WRIT OF EXECUTION
UPON CONFESSION OF JUDGMENT
To the Prothonotary:
Issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against, Healthcore of Ohio, LLC, Defendant;
(3) and against
'*' SCi: Amc.f\-~b 2>l'If-fT
(4) and index this writ
(a) against Healthcore of Ohio, LLC, Defendant;
(b)
and against ~ S~E ATTAtHfc1) .~I1Lft:-,
(5)
Amount due
$ 445.615.25
$ 445.615.25
Total
, Garnishees;
, Garnishees;
CERTIFICATION
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.
CKERARENSBERG, P.C.
\1,
-
St phensl~n Matthes, Esquire
P I. .#67408
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N004.4791 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE LEGACY BANK Plaintiff(s)
From HEALTHCORE OF OffiO, LLC, 47 W. POMFRET ST., CAIU"ISLE PA 17013.
(1) You are directed to levy upon the property of the defendant (s)ancl to sell
(2) You are also directed to attach the property of the defendant(s) not levi,ed upon in the possession
of CITIZENSS BANK, 665 N EAST ST, CARLISLE P A 17013: COMMUNITY BANKS, 1178
NEWVILLE RD, CARLISLE PA 17013 AND M&T BANK, 1 W ffiGH ST, CARLISLE PA
17013 GARNISHEE(S) as follows:
ATTACH THE PROPERTY OF DEFT IN POSSESSION OF GARNISHEE BANKS INCLUDING
BUT NOT LIMITED TO ANY FUNDS ON ACCOUNT AND BANK DEPOSITS, KlNDL Y SERVE
INTERROGATORIES UPON GARNISHEE BANKS.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the accOWlt of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subjecl to attachment is fOWld in the possession
of anyone other than a named garnishee, you are direcled to notify himlhe,r that he/she has been added as a
garnishee and is enjoined as above slated.
Amount Due $445,615,25
Interest
Ally'S Comm %
Ally Paid $37.50
Plaintiff Paid
Date: SEPTEMBER 30, 2004
L.L. $.50
Due Prothy $1.00
Other Costs
(Seal)
~:~,:,ISt:~LONG J'~7
By. - f< .' .
Deputy
REQUESTING PARTY:
Name F, STEPHENSON MATTHES, ESQ.
Address: POBOX 889, 111 N FRONT ST
HARRISBURG PA 17110
Attorney for: PLAINTIFF
Telephone: (717) 234-4121
Supreme Court lD No. 67408
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A
CIVIL DIVISION
)
THE LEGACY BANK ) No. 04-4791
)
)
Plaintiff(s), ) Pral~cipe for Appearance
)
)
vs. ) Code: 200 Execution
)
HEAL THCORE IF OHIO, LLC )
) Filed on Behalf of Garnishee,
) Citizens Bank of PA
Defendant(s), )
)
)
)
vs. )
) Counsel of Record for
) this Party:
CITIZENS BANK OF PA, )
) David F. Mowrey, Esquire
Garnishee. )
) PA I.D. No. 30431
)
) 2 Commerce Square
) 2001 Market Street
Suite 600
Philadelphia, PA 19103
)
) (267)-671-1033
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A
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
Q~'~
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 following by depositing it in the U. S. Mail, postage
prepaid. this ~~day of ()C~ b..elf' ,2004.
F. STEPHENSON MATTHES,
ESQUIRE
III NORTH FRONT STREET
P.O. BOX 889
HARRISBURG PA 17110
HEALTHCORE OF OHIO LLC
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)N THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
vs.
HEAL THCORE OF OHIO, LLC,
47 West Pomfret Street,
Carlisle, PA 17013,
Defendant,
and
M& T BANK,
Garnishee.
CIVIL DIVISION
NO. 04-4791
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 at any subsequent time did you owe the
Defendants any money or were you liable to him on any lease, mortgage or on any negotiable or
other written instrument, or did they claim that you owed them any money or were liable to them
for any reason.
ANSWER:
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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:
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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:
- 2 -
6. If the answer to Interrogatory 5 is in the affirmative, described the nature, fair
mar~et 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:
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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
valu!l 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:
BANKJIN:233042-1016986.120545
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~~~~
JANICE M. GU' ~~:'N
M&T BAI\f\
111 North Front Street
P.O. Box 889
Harrisburg, PA 17110
p.717.234.4121
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bHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04791 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
LEGACY BANK THE
VS
HEALTHCORE OF OHIO 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
HEALTH CORE OF OHIO LLC
in the
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
KIM SEAVERS (TELLER)
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
Service
Affidavit
Surcharge
.00
.00
,00
.00
.00
.00
So ans~~~ //
~~ ~'~-~te.;:l"~c-
R. Thomas Kline
Sheriff of .Cumberland ~ounty
0010010000
this ;l pi!:' day of (7)r:;&L
(}.>>O'-{ A.D.
(''L ~ Q n~ ~
pro~;btary ,
By
Dk,
Sworn and subscribed to before me
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04791 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
LEGACY BANK THE
VS
HEALTHCORE OF OHIO 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 OHIO LLC
, in the
hands, possession, or control of the within named Garnishee
COMMUNITY BANKS 201 ST JOHNS CHURCH RD
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
PAULETTE ROVITO (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:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So answ~./ ~ vL
~(~.VW'_~
R. Thomas Kline
Sheriff of Cumberland County
this .). ?~ day of {P~
>ZOo L( A.D.
C' I'LQ.~~
pr;~otary (
By
(Je~; Sheriff
00/00/0000
Sworn and subscribed to before me
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04791 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
LEGACY BANK THE
VS
HEALTH CORE OF OHIO LLC
And now JASON VIORAL
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at OD14:54 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
HEALTH CORE OF OHIO 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:
Docketing
Service
Affidavit
Surcharge
So
.'~"~~J
R. Thomas Kline'
Sheriff of Cumberland County
.00
.00
.00
.DO
.00
.00
10/18/2004
Sworn and subscribed to before me
this .2~2 day of(]J~~
,;)()(} '-f A. D.
(l. ,u_Q ~ ~
~onotary ,
By
/Z!2
puty Sheriff
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
TOTAL
18.00
3.76
.50
1.00
11.10
70.00
60.00
27.00
191.36
Sworn and Subscribed to before me
this Sf:: day 0: 7Vt...lur
2005 A.D. \..l:J" .O~.
pro 0 otary
g Z :E d I - DO ~OOl
Itd 'A1NnO;J iJNlI j(l3810103
.:l.:l1~3HS 3Hl .:lO 331.:l.:l0
Advance Costs: 275.00
Sheriffs Costs 191.36
83.64
Refunded to Atty on 05/03/05
SS.An~rs;~ ~'
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R. Thomas Kline, eriff ~
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