HomeMy WebLinkAbout04-4796TUCKER ARENSBERG, P'C'
F. Stephenson Matthes
By: PA i.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
.. · · 717-232-6802
Facsimile. .6802 . c. nHRT OF COMMO_.N._P.L, EAS
THE LEGACY BANK, : ~'BERLAND cOUNTY
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
CIVIL DIVISION
V.
NO. Ocl. q' qG
RONALD W. BAER
71 Cold Springs Road
Carlisle, PA 17013,
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 $444,454.49
July 6, 2004
Late fees from July 6, 2004 1,160.7~
$445,615.25'
*Together with interest accruing at the rate in the Unconditional
Guarantee from July 6, 2004, attorneys' fees, and costs of this action
(to be determined)
72077.1 ~
-2-
TucKER ARENSOERG, P'C'
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone'- 717-234-4121
Facsimile: 717-232-6802 ~_~__________~.. ~;~~~
~ CUMBERLAND cOUNTY
2600 Commerce Drive
Harrisburg, PA 17110,
plaintiff, :
: CIVIL DiVISiON
v. : NO. 0¥
RONALD W. BAER
71 Cold Springs Road
Carlisle, PA 17013,
ENTRY OF APPEARANCE
PRAECIPE FOR ASSESSMENT OF DAMAGES
AND CONFESSION OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter our appearance for and on behalf of the Defendant above
named.
Pursuant to the authority contained in the Warrant of Attorney separately
set forth in the Unconditional Guarantee dated April 30, 2003, a true and correct
copy of which is attached as Exhibit A to the Complaint filed in this action, we
hereby appear for the Defendant in this matter, Ronald W. Baer, and confess
judgment authorized, in favor of the Plaintiff and against the Defendant, as
folloWS:
DAMAGEs ARE ASSESSED AS FOL/.OW$:
Unpaid principal bal
Guarantee d ance Under
July 8, 2004 ated April 30, 2003 tha~oUfnc°nditional
Late fees from July 8, 2004 $444,454.49
$448,618.25.
*.~Tog. .ether With inte .,
~tn~nC°nditional eGr~:! a_ ~ru'.g at the ,~.- .
Lrurneys, ~A_ ,~rantee fro..- · · ,are In
'~-*', and cost~ ,.~,': ¥'" du~y 8, 20n,~
"~ ,,~ mia aCt/on ~'to
, ,~e ~etermined)
~.o. Box 889 reet
Harrisburg, PA
Telep. hone: 717-2-
Dated: Facsimile: ?~ ~
?~o~a.~ A~tOmeya for Plainti
The Legacy Bank fi'
-2-
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, COURT OF COMMON PLEAS
2600 Commerce Ddve CUMBERLAND COUNTY
Harrisburg, PA 17110,
:
Plaintiff, :
v. CIVIL DIVISION
RONALD W. BAER NO. O(/- ~7~/G
71 Cold Spdngs Road
Carlisle, PA 17013,
Defendant. :
COMPLAINT IN CONFESSION OF JUDGMENT
Plaintiff, The Legacy Bank (the "Bank"), by and through ils 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, Ronald W. Baer, is an adult individual with a last known
address of 71 Cold Springs Road, 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 demand and default, 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 I 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.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
Dated:~~[~/~ Attomeys for Plaintiff,
?207g.~ ,. ~ 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, : COURT OF COMMON PLEAS
2600 Commerce Ddve : CUMBERLAND COUNTY
Harrisburg, PA 17110,
:
Plaintiff,
v. CIVIL DIVISION
RONALD W. BAER : NO.
71 Cold Springs Road
Carlisle, PA 17013,
:
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, Loed'Re~w Officer
The Legacy Bank
Dated: ?/~ ~),~ ~,z
72052.1
CERTIFICATE OF SERVIC~
AND NOW, this ~f'~ day of ~, 2004, I, Dawn T..eilman,
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:
Ronald W. Baer
71 Cold Springs Road
Carlisle, PA 17013
Dawn T. Heilman
72101.1
U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
SBA Loan # ! GP 826 380 ~0 09 HBGI
SBA Loan Name Hoal~Cora, LLC
Ronald W. Boar
Guarantor Krista K. Beer
HoallhCom, LLC
Lender The Legacy Bank
Date Aprf130, 2003
Note Amount 500,0OO.OO
1. GUARANTEE:
Guarantor uncund~fien~Uy guaran~es payment to Lender of all amounts owing under the Note. This Guarantee remains
effect unt, I ~be Nora ts prod m full. Ooaramm- must pay ali amounts due undar thc Note when Lender m~keS written
demand upon Guarantor. Lender is nm rcqu~d to seek payment fTom any other source before demanding payment from
Guarantor.
2. NOTE:
The "Note" is the pra~sso~ note da~d Apd130, 2003 in thc principal amount of
FIVE HUNDRED THOU,~,ND AND NO/100
Dollars,
from Bonower to Lender. It includes any assumption, renewal, substitodoa, or zeplacement of the Note, and multiple
notes under a line of credit.
3. DEFINITIONS:
"Collamtal" means any property taken as security for payment of the Note or any guarantee of the Note.
"Loan" metals the loan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any othar gunnmtm', or
anyone who pledges Collateral.
SBA" means the Small Business Administration, an Agency of the United States of America.
SBA Fora1148 (1 (Y9~) Previous editions ObSOlete.
Page 1/5
Bankers Systems, Inc., St. Cloud. MN
4. LENDER'S OEKERAL POWERS:
Lcnd~ may l~e any of the foHowin~ actions at ~ ~ne. without notice, wi~out Oua~antm"s consm~ aad without
maki~ den~d upoo Guarantor.
A. Modif3, ~he lenns of r. he No~e ~- any o~he~ Loan Docume~ excel~ to increase Ibc amouats due under the Note;
B. Refrain from taking any action on the Note, ~he Collateral, or a~y guarantee;
C. Release a~y Borrower or any gu,~rantc~ of the No,,';
D. Compron~e or set-de wi~h ~ Bcd'rower o~ any ~u~antar of the No~e;
.~. Substitu,,. c~ ~elease any of the Collamnd, whethc~ ~ not Lender reccive~ any~ing in return;
F. Foreclose upo~ or o&erwi~ obtain, and dhpose of, any Collar-al ~ public o~ private ~e. with o~ without
advc~isemen~;
G, Bid °r buy at a~Y sale of Colia~'zi by Leuder o~ a~y other lie~holde~-, at ~y price Leader chooses; ~
H. ~.xc~cisc any ~i~hts il ha~. includiag those i~ the Nole aad other Loan Docume~t~.
The. se ~c2ions will not release or rcduce the obliga~on$ of Gtlarant~ c~' create aay l'ights m' ¢1~i~* a~n~e Lendcl'.
Whea SBA is the holder, thc Note and ~i$ Guarantee will be construed and euf-c~ced under federal law, iaclug~n~ SBA
re~,ul~on$. Lender c~ SBA may u~e stale o~ local !~ocedu~es for filh~g pa~cr~, recording document~ givi~ notice,
foreclosing li~, and othe~ p~oscs. By usin~ such procedures. SBA d~es no~ wsive a~y federal iran'Rlllity ~ ~.~
local consol, pertain,, tax. or liability. As to ~ C, uarantee, Guaranty- may no~ claim o~ a~sefi ~y Iocsl c~ state law
ag~insl SBA m deny any obligation, defe~ a~y claim of SBA, c~ l~eemp~ red,al law.
6. RIGHT~, NOTICF~. AND DF. FENSF~ THAT GUAI~TOR WAIVBS:
To L~c exten~ permiu~l by law,
A. C, uaramor waives ~11 rights to:
I) R~ui~e pfescntme~ prote~ or &,m~a upon
2) R~;_"m any Collaleral befm'c or after Leader dispo~e~ of it;
3) Have any disposition of Collateral adverted: and
4) R~ui~e a valu~io~ of Col]~lc~al before or afl. er Le~der disposes of iL
B. Guarani- waives any r, olice of:
I) Any defauh trader the Note:
2) P~se~unen~, dishonor, protest, of
~) Bxecution of the Note;
4) .Any ac~o~ or inactioa o~ the Not~ or Coll~leral, such as a~sbursemea~, payment. ~o~ayment. accele~ion.
~) Any clung~s inlhe ~ of the Note or o~hc~ Loan ~, exc~M increases in the smmmte due
NOTe; and
7) The t~nc or place o~ any sek oF other disposition of Colla~ml.
C. Guarantor waives d~enses bs.~d upon an), claim th~
1) Lendm- f~ilcd to obUin any
3) Lender oF o~crs i~,~ri~ ve]ued oF inspected the Colle~d;
4) Thc ¢ollat~l changed in va]ut, o~ w~ neglected, lost. desmar, oF unde~su~d;
SBA ~mn 148 ~lt:b~8) ProvJotm otfflons obsoioto.
5) Lender impaired the Collateral:
6) Londer 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 thc Collamral;
9) Lender did not ~e or perfect a clabu upon the death or disability of Borrower or any guarantor of the
Note'-
] 0) The ~nandal condition of Borrower or any guerantor was overrated or has advex~.ly changed;
l 1) Lender ~**~,. orrms or omissions in Loan Documents or edminis~atiou of the Loan;
19) Land~ did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding
payment from Guarantor:.
13) Lender/repaired Guarantor's stu~tysh/p rights;
14) Lender modified the Note m-ms, other than to increase amounts due under the Note. If Lender mod/ties the
Note to inere,~qe the amounts due under the Note w/tbuut Guaranml"s ccosen~ Guarantor wilJ no~ be liab]c
for the increased amounts and related interest and expenses, but rrm*i,~ lich]e fro' ali other amounts;
15) Bormwof has av0/ded liability on the Note; or
16) Lender has takan an action allowed under the Note, this Guarantee, or oth~ Loan Donumunl~.
7. DUTEES AS TO COLLATERAL:
C, annmtor wfl] preserve the Coliatentl pledged by Guarantor to seunre this Guarantee. Lender has nu duty to pp,-se, rye
or dispose of any Conateral.
8. SUCCT~SORS AND ASSIGNS:
Under this Guwantee, Gti~,,tor includes he/rs and successors, and Lunder includes its successors ami assigns.
9. GENERAL PROVISIONS:
A. ENI=OR~ EXPENSES. Guarantor promises to pay all expenses Leader incurs to enforce this Guarantee,
including, but not l/mired to. atxm'uey's fees and costs.
B. SBA NOT A CO-(3UARA.NTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a
co-guaraotor with Guarantor. Guarantm-has no right of eontsibul/co ~ SBA.
C. SUBROGATION R]i~HTS. Guarantor has no subrogation rights as to the Nora or the Coliatend nut/l the Note is
D. JOINT AND SEVERAL LIABILITY. All individuals and endl/es si?i,~5 as Oanrantor ere jointly and severally
liable.
E. DOCUMENT SIGNING. C, uasantor must sign all docJ,,,--qts necessary at any time to c~uq~iy with the Loan
Documents and to enable Lender to anqu/re, perfec~ or maintain Lender's liens un Colia~m'al.
1~. FINANCL~.L STATEMEqTS. Guarantor must give Leader ~n*n,./al ~a~.*,~un~ as Lender
G. I..~NrDI/P,'S P, JCoHTS CUMULAT/V~ NOT W~. Lender may exe~:/se any of its rights separately or
together, as ,~,y. times as it chooses. Lender may delay or forgo enf~,~.;.,g any of its rights without losing or
impairing any of them.
H. ORAL STA~$ NOT BINDING. C*um'antor may not use an omi statement to coulred/ct of altm' the written
terms of the Note of this Oueranme, or to raise a defeflse to this Guersutee.
L SEVF..RABILITY. If any part of this Gueranme is found to be uneoforceable, ali other parts will r~m,,i,, in e/T'ant.
J. CONSIDERATION. The consideration for this C, uasantee is thc Loan of any accommodation by Lender as to the
Loan.
Banlmrs 5'ystoms, Ino., ~t. CJoucl, MN
10. STATE.SPECII~IC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and dghts available to
you, by signing below I irTevocably authorize the prothonota~, clerk, or any attorney to appear in any ocu~t of record having
j:~iction o.ver this matter and to confess judgment agalrtst me at any time without stay of axesulton. I waive notice, service of
p cesa, eno process. ! agree and understand that judgment may be confessed agalrmt me for any unpaid principal, so~ued
charges due off this Note. plus co41estlon costs and reasonable attorneys' fees up to 15 percent of ~e JudgemenL The axercJea of
the power to confess judgment will no~ exhaust this warrant of aofhority to understand that my property may be seized without prior
notice to satisfy the debt owed. I knowingly, Intando~aily, end voluntarily waive any artd ail ocnstJtudonaJ rights I have to
pre-deprivetion nodca and hearing under federal and state laws ~ncl fully understand the consequenoea of Ibis waiver.
By signing immediately below, I agree to the terms of the CONFESSION OF JUDGEMI~'dT section.
.
S~A Fo~m 148 (10/96) Previou~ editiona obsolete.
Page 4/5
Bankem Systems, Inc., St. Cloud, MN
11. GUARANTOR ACKNOW~.I=r~GM~NT OF TERMS.
Guarantor acknowl~es tbac GuaranLor has read and understands th~ significance of all terms of the Note and this
Guarantee, including all waivers.
12. GUARANTOR NAM]E($) AND $1GNATUR~$):
B3' signing below, each individual or entity becomes obligated as Guarantor under this Otiarantee.
F~ .8aer
I~s/ta K. Baer ~' April 30, 2003
B~nkers System, s, Inc., St. C~oud, MN
U.S. Small Business Ad,~iaistration
-" NOTE
SBA Loan # Gp 626 380 40 09 HBG
SBA Loan Name HoallhCore. LLC
Date April 30, 2003
Loan Amount ' 500.000.00
Interest Rate WSJ Prime + 2.75%
' Heal. Core. U..C
Borrower
Operating
Company
Lender The Legacy Bank
I. PROMISE TO PAY:
In remm t'or the Loan, Borrower promises to pay to rb~ orck-r of Lender lite smotm£ of'
FIVE HUNDRED THOUSAND AND NO/100 Dollars,
interest on the unpaid principal balance, and rill other amounts required by this Note.
2. DEFINTrlONS:
"Collateral" mcaus any propen~ zakeu as security for paymeni of this Noie or any ~uaranlee of ~ Note.
"Ouaranter" means each person oi' en~iuy ~bat signs a ~uaranme of payment of ~ Note.
"Loan" m~ans rite loan evi~nced by r.his Note.
~'~Loau Documents" means bbc documenLm rela~ed ~o ~ loan sigued by Borrower, any Ou~zm~ar, ar aayoue who
pledges colla~ral.
"SBA" means the Small Business Ad,-i-isii-asion, ~m Agency of ~he Uni~d Stales ol' America.
SBA Fgwm 147 (06/03/02~ vemion 4.1 . P~ge 1/~ '
BeJ'tkers Systems, Inc., St. C~I, MN '
.3. PA Y]V',..Ei',Ff
Borrower must mnke ali payments at ~he place L~nder dcsi~natc$. The paymeut terms t'or 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 peded begins.
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 initiaJ
disburseu3p~t nn fh[~ N~te 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 initiaJ interest rate must remain in effect until the first change period
begins.
Lender must adjust the payment amount at least a__n_nnually 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 payrcent 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 beroent or }ess 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 wr'~an notice:
b. Pay ail 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.
Farm 147 ((]~133~32) Va r~i~l 4.1 Page ~/6
Bankers Systems, Inc., St. Cloud, MN
4. DEFAULT:
Borrower is in default under t.his Note if Borrower don~ not maku a payment when due under th/s Notn, or if Borrower
or Oparating Company:
A. Fails to do anything required b)' this Note and other Loan Douun~nts;
B. Defatflt$ on any other loan with L~ltier;
C. Does not preserve, or account ro Lender's satisfaction for, any of the Collateral or its pwcands;
D. Does not disclose, or anyone acting ou their behalf dce~ not disclose, any material fact to Lender or SBA;
F.. Make~, or anyone acting on their behalf m~,¥es, a materially false or misleading represe~tagon to Lender or SBA;
F. Defaults on any loa~ or agreement wi~h another creditor, if Lnoder believes th~ default may materially affect
Borrower's abiliv/to pay this Note;
G. Fails to pay any h~',as when due;
H. Bacomes the subject of a proceeding under any banknip,-y or iusoivancy law;
I. Has a receiver or liquidator appointed for any pan of their business or property;
J. Makes an assi~unont for the henefit of creditors;
K. Has any adverse change ia financial anndition or busine~ operation thai Lectier helioves may m*~,,'i'ially affect
Borrower's ability to pay this Note;
L. Reorganians, mergas, cousolidates, or otherwise cbangas ownership or busiae~ atmcmr~ witho,,~ Lender's prior
wliIi~n onikseut; or
M. Becomes the subject of a civil or criminal action that Lender believes may matorially affect Borrower's ability to
pa), this Note.
/i. LENDER'S RIGHTS IF THI~RE IS A DEFAULT:
Without uctice or dem*~d and without giving up any of its fi~hts, Lender may:
A. Require immediate payment of all amounts owiag under this No~;
B. Collact all amounts owing from any Borrower or Guarantor,
C. File suit and obtain jucl~mact;
D. Take possession of any Colla~ral; or
E. Sell. lease, or otherwise dispose of, any Collale~al al pt~blic or prival~ sale, with or wihhout advertisement.
6. LF-.NDER'S GENERAL POWERS:
Without notice and without Bon, ower'$ consun~, l.--'nder may:
A. Bid on or buy the Collateral al its sale or ~ sale of another lionholder, at any price it chooses;
B. Incur expanses to collect amounts due onder this Note, onforce the tenus of this Note or any other Loan
Doonmen~, and preserve or dispoac of the Colla~ral. Among other things, the expanses ~ iachde paymon~s
for property ~sans, prior lians, iasc, ~y,~isals, envimnmontel remerliation costs, and ransonable a~omey's
fe~ and costs. If Lender i~curs such exper~¢s, it may demand immediate repayment from Borrower or add the
expenses to the priecip~l balance;
C. Release anyone oblip, ted to pay this Note;
D. Compromisc. release, r~u~w, extend or substitute any of the Collamal; and
E. Take any action nacessa~ to protect the Collalerel or collect amounts owing on this Note.
SBA Fora11/,7 (06/1~3/~ Version 4.1 Pilg~ 3~
Bankers Systoms, Inc., St. Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is ~he holder, ~his Note will be inu~rpre~cd and enforced under federal law, including SBA ragularions.
Lender or SBA may use s~le or local procedures for filing papers, recording doenmen~s, ~iving no,cc, foreclosin~
hens, and ori~er purposes. By using such procedures, SBA does not waive any fcfleral imm,llli~y ~ s~le or local
conlrol, penal~y, ta~, or linbili~y. As to rigs No'", Borrower may not claim or a~ser~ against SBA any local or s~c law
~o deny any oblig~en, dele,,' any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include die successors of usch, and Lender includes i'" succnsso'~
and assi~s.
9. GENERAL PROVISIONS:
A. All individuals and en~iti~s si~ ~s Note are jointly and severall), liable.
B. Borrower waives all su~tyship d~fenses.
C. Borrower must si~ all dcc~man~s necessary a~ any ,line to comply wi~h tbe Loan Documents a~nd to ~nabl¢
Lender to acquire, p~r~e~ or maintain Lender's liens on Collateral.
D. Leo~r ma), e~erclse any of its rights separably or together, as many ~imas and in any ~ it chooses. Lender
may delay or forgo ~nfi~:i~ any of i~s rights without ~iviag up an~, of ri~m.
E. Borrower may not use an oral statem~a~ ot' Lender or SBA ~o coorradic~ or al~e4' ~e wriv. en len~s of this No~,'.
F. If an), pan ol' ~his No~ is ur~nforc¢~bl~, all o~er pans remain in eff~:~
~. To th~ ex~,'nt allowed by law, Borrower waives all demands and aolic~s in ¢onnec~ien wi~ ~his Not-, im:ludin~
presentman~, demand, protest, and en~i~e of dishonor. Borrower also waives any defenses ba.~d upon an), claim
dia~ Lender did not olXaln an), suaran~ee; did not obtain, pert'e~t, or main~sin a ~ upon Collateral; impaired
Colla~eral; or did not olXaln rlz fair murat valu~ of Colla~'al a~ a sal~.
Bankem Systems, Inc., bt. Clot~, MN
I0. STATE-SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT, Upon default, in addition to all other remedies end rights available to
you. by signing below I irrevocably authorize the prothonotary, clerk, or any attorney ta 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 His Note, plus collection costs and reasonable attomeys' fees up to 15 percent of the JudgemenL The exercise of
the power to co~nfese judgment will not exhaust this werrsnt of authority to understand that my property may be se[zed without pi~or
nclice to satisfy the debt owed. I knowingly, intandonstly, end voluntarily waive any and all constitutional rights I have to
pre-depriva~on notice and hearing under federal and state laws and fully understand the consequences of this waiver.
SBA Form 1~7 (06/03~2) Vemlo~ 4.1 Page 5/8
Bankers Systems, Inc., St. Cloud, MN
11. BORROWER'S NAMe(S) AND SIGNATURE(S):
By sig'tfing below, each individual or entity b~comes obligated uader this Nora as Borrower.
Heal~lGOm, LLC
S~A ,=orm 147 (06/O3/QL)) Vemion 4.'~ Page 6/0
B~nkers Sy,~toms, inc., ~t. Cloud, MN
TUCKER ARENSBERG
sm etU~tucJ~edew, ccm
Attorneys
September 16, 2004
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
NO. 7002 24'10 0001 2367 2348 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 Agreement"}, which was
executed and' delivered by the Borrower to Legacy.
The paragraph of the Note entitled "DEFAULT" provides, in p;trt, 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 Arensl=erg, P.C. 111 North Front Street P.O. 8ox 889 Harrisburg. PA 17'108 w,~nv, tuckerfaw, com
''" ~ p. 800.257.4121 p. 717.234.4121 1. 71~'L~32..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 Rank 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,
F. S~phenson Matthes
FSMIdth
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
Exhibit D
TUCKER ARENSBEI
A t t o r n e y s smatthe~tuc~eflaw,com
September 22, 2004
VIA FACSIMILE, CERTIFIED MAIL, RETURN RECEIPT REQUESTED
NO. 7002 24t0 0001 2367 2836 AND FIRST CLASS MAJL
Ronald W. Baer
71 Cold Springs Road
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 Ronald W. Baer. (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 I 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, RC. 111 North Front Street P.O. Box 889 Harrisburg. PA 17108 www. tuckerlaw.com
p. 800.257.4121 p. 717.234.4121 1.717.232.6802
TUCKER ARFNSBERG
Attorneys
Ronald W. Baer
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
?,~.~.,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.
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 ARENBBERG, P.C.
F. Stephenson Matthes
FSMIdth
cc: Jenine J. Kerr
Krista K. Baer
HealtCore of Maryland, LLC
W&C Realty & Holdings, L.P.
HealthCore of Ohio, LLC
HeaithCore, LLC
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, COURT OF COMMON PLEAS
2600 Commerce Drive CUMBERLAND COUNTY
Harrisburg, PA 17110,
:
Plaintiff,
v. CIVIL DIVISION
RONALD W. BAER NO. O L~. ,.~ '7-~
71 Cold Springs Road :
Carlisle, PA 17013,
:
Defendant. :
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
SS.
CUMBERLAND COUNTY :
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 odginal
executed by the Defendant.
Don Signor, L~fficer
The Legacy Bank
Sworn to and subscribed before me
/~.~ay of September, 2004.
ry Public. - - -
72053.1 I ' Nm~al Seal
-2-
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, : COURT OF COMMON PLEAS
2600 Commerce Drive CUMBERLAND COUNTY
Harrisburg, PA 17110,
Plaintiff,
v. : CIVIL DIVISION
RONALDW. BAER : NO. O~'-~''~)~
71 Cold Springs Road :
Carlisle, PA 17013,
Defendant.
AFFIDAVIT OF NON-MILITARY SERVlCI=
COMMONWEALTH OF PENNSYLVANIA
: SS
CUMBERLAND COUNTY
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, ~cer
The Legacy Bank
to and subscribed before
?y of September, 2004.
N~et~ry'Public -
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, COURT OF COMMON PLEAS
2600 Commerce Drive : CUMBERLAND COUNTY
Harrisburg, PA 17110,
Plaintiff, :
v. CIVIL DIVISION
RONALD W. BAER NO.
71 Cold Springs Road :
Carlisle, PA 17013,
Defendant.
AFFIDAVIT OF INCOME
COMMONWEALTH OF PENNSYLVANIA :
SS
CUMBERLAND COUNTY
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.
Don ~ k-~~cer
The Legacy Bank
...~_, .~..and Subscribed before me day of Septern~b. er, 20~04.
~N~tary Phblic -
72057.1
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, : COURT OF COMMON PLEAS
2600 Commerce Drive : CUMBERLAND COUNTY
Harrisburg, PA 17110, :
:
Plaintiff, :
:
v. : CIVIL DIVISION
..
RONALD W. EAER : NO. O
71 Cold Springs Road
Carlisle, PA 17013, :
:
Defendant. :
AFFIDAVIT OF NONAPPLICABILITY OF
GOODS AND SERVICES INSTALLMENT SALES ACT
COMMONWEALTH OF PENNSYLVANIA
SS
CUMBERLAND COUNTY
Don Signor, being duly sworn according to law, deposes and says that he is a Loan
Review Officer of The Legacy Sank; 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 se_~.q.; and that the foregoing facts are true and correct'to the best of his
knowledge, information and belief. '~ ~
Don Signor, Loan'Revi~Officer
The Legacy Bank
.,/(and Subscribed before me
day of September,,2004. .
· oar~ ublio '
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, COURT OF COMMON PLEAS
2600 Commerce Drive CUMBERLAND COUNTY
Harrisburg, PA 17110,
Plaintiff,
v. CIVIL DIVISION
RONALD W. BAER NO. ~'~'
71 Cold Springs Road
Carlisle, PA 17013,
Defendant.
AVERMENT OF DEFAULT
COMMONVVEALTH OF PENNSYLVANIA
SS.
CUMBERLAND COUNTY
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 am 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 Ju
Don Signor, Lo, ast'Rev~w Officer
The Legacy Bank
l/toand subscribed before me
ay of Septem/l~e~ ~,~.,,
lC. J
Nummi.-: Seal
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, COURT OF COMMON PLEAS
2600 Commerce Drive : CUMBERLAND COUNTY
Harrisburg, PA 17110,
:
Plaintiff,
v. : CIVIL DIVISION
RONALDW. BAER NO. 0~/' ~'
71 Cold Springs Road :
Carlisle, PA 17013,
Defendant.
AFFIDAVIT OF COMMERCIAL TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
SS
CUMBERLAND COUNTY
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, Loa.,~Rev~ Officer
The Legacy Bank
Sworn to and subscribed before
~'~'~ti~ay of Septerr~)er, 2004.
a Pub,c
TUCKER ARENSSERG, P.C.
F. Stephenson Matthes
By: PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
.232-6802
Facsimile: 717 32-6802 COURT OF COMMON PLEAS
~NK, CUMBERLAND cOUNTY
2600 commerce Drive
Harrisburg, PA 17110,
Plaintiff,
CIVIL DIVISION
V.
NO.
RONALD W. BAER
71 Cold Springs Road
Carlisle, PA 17013,
Defendant.
ACT t05 OF 2000 NOTIC~E
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF
JUDGMENT.
MAY BE
PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE
PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS:
~959- Stn'kin Off Jud ment.
'ud ment by confession shall be sought by pet?io.n. Ex.ce~as it
provided in subparagra.pn [~:J, '"'. ? The ition may be filed in the ceumy .
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 ste~es 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 m/urn 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 net 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
the judgment is pending. / .
proceedings to strike off or open
1,,- - ' e, ;"
PA I.D.o.
111 North Front Street
Dated and Served: P.O. Box 889
September ~,~, 2004 Harrisburg, PA 17108-0889
By Certified Mail Telephone: 717-234-4121
Return Receipt Requested Facsimile: 717-232-6802
Attorneys for Plaintiff,
The Legacy Bank
72075.1
-2-
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, COURT OF COMMON PLEAS
2600 Commerce Drive CUMBERLAND COUNTY
Harrisburg, PA 17110,
Plaintiff,
:
v. CIVIL DIVISION
RONALDW. BAER NO. ~/.~ -~7-~'
71 Cold Springs Road
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.
72076.1