HomeMy WebLinkAbout04-4802
o
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
NO. Oi./ - C/l'O~
JENINE J. KERR
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
ENTRY OF JUDGMENT BY CONFESSION
AND ASSESSMENT OF DAMAGES
Pursuant to the Complaint in Confession of Judgment filed in the within action
and the Warrant of Attorney attached hereto, jUdgment is hereby entered against the
Defendant, jointly and severally.
DAMAGES ARE ASSESSED AS FOllOWS:
Unpaid principal balance under the Unconditional
Guarantee dated April 30, 2003 as of
July 6, 2004
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)
72063.1
-2-
~
}q:..
-
~
-...l
"\
<F
....
~
-
~
-0
~
--0
.,...
~
..--
"f=
I_~~ ;
("")
~.:
-<-
....,
~. ~)
c.:;,
c,
-"
t:f)
ii,
'-\.1
ro..)
C...)
--I
:r....
""i:":l
-,- 1"1"'"'
~ "-/
':..:j :.~::
..
"
--
:~I'
-..J
;::!
-,
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: 717-232~802
THE LEGACY BANK.
2600 Commerce Drive
Harrisburg, PA 17110,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
CIVIL DIVISION
NO. dl{ - ftfl):l
JENINE J. KERR
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, Jenine J. Kerr, 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)
?
Dated: q ~ ;2~l/
. t ns
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
72065.1
Attorneys for Plaintiff,
The legacy Bank
- 2-
..
...
--
.1-.;.
....-
~.
..J
-..;:
o
f.,,;
....,
...:."')
." .~,
n
-"1
=:j
Co')
r...::
<...J
f i, ;~;:
-:":; n
....J'!.:
:.:':':":.
~'..:=
."Oji
..'
C.
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
NO. ol{- 4f()J-.
JENINE J. KERR
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COMPLAINT IN CONFESSION OF JUDGMENT
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:
Plaintiff, The Legacy Bank (the "Bank"), by and through its attorneys,
1. The Bank is a national banking association with an address at 2600
Commerce Drive, Harrisburg, Pennsylvania 17110.
2. Defendant, Jenine J. Kerr, is an adult individual with a last known
business 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 "S", 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.
B. 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 tenns of the Guarantee, the Defendant agreed that the Courts
of Common Pleas of the Commonwealth of Pennsylvania and any United States District
Court in Pennsylvania shall have juriSdiction with respect to matters involving the
Guarantee.
-3-
15. As of July 6,2004, the amounts due and owing by the Defendant to the
Bank under the Guarantee are as follows:
Unpaid principal balance under the Unconditional
Guarantee dated April 30, 2003 as of
July 6, 2004 $444,454.49
Late fees from July 6, 2004 1.160.76
$445,615.25*
*Together with interest accruing at the rate in the Unconditional
Guarantee from July 6, 2004, attorneys' fees, and costs of
this action (to be determined)
16. The Note and the Guarantee had not been assigned by the Bank.
17. The Bank's claims against the Defendant are not based upon a residential
mortgage and Act 6 does not apply.
18. No jUdgment has been entered on the Guarantee in any jurisdiction.
19. The confession of jUdgment provision appearing in each of the Notes or
Guarantee is less than twenty (20) years old.
20. Judgment in favor of the Bank and against the Defendant is not being
entered against a natural person in a consumer credit transaction.
21. Judgment in favor of the Bank and against the Defendant as demanded is
authorized by the confession of jUdgment provisions contained in the Note and/or
Guarantee.
contained in the Note and Guarantee, hereby demands that jUdgment by confession be
WHEREFORE, the Bank, as authorized by the Warrant of Attorney
- 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.
It- . S he;o Ma es
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
Dated: ~7/0Y
72064.1
Attorneys for Plaintiff,
The Legacy Bank
-5-
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
NO.
JENINE J. KERR
47 West Pomfret Street
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.
Dated:
72037.1
9h,~~
eont:" ~-k~
The Legacy Bank
CERTIFICATE OF SERVICE
- "](d . J: :rlft . I'. ..
AND NOW, this O{.,) day of ~'Ak.(X/L .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, postage prepaid,
addressed as follows:
72101.1
Jenine J. Kerr
47 West Pomfret Street
Carlisle, PA 17013
0umJ 'tkJL.~
Dawn T. Heilman
t XA,'h it ;1
E:......:L.:.& .
os SalaU au.m- 4dm1Ili1tnUan
U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
SBA Loan , GP 626 3BO 40 09 HBG
SBA Loan Name HealthCore, U.c
Jenine J. Kerr
Guarantor
HealthCore, U.c
Borrower
Lender The Legacy Bank
Date Aprl 30, 2003
Note Amount 500,000.00
1. GUARANTEE:
GWI1'lIDtor UDCODditionally guarantees paylDCllt to Leuder of all amounts owing nndor rho NOle. This Guarantee remaiDs
ill offoct until the NolO is paid in full. Guarantor must pay all amDUDlS dllO under rho NolO when Lender makes wrillell
demand upon GWI1'lIDtOr. Leader is not requimltO seek paYlDCllt from auy ot:hor soun:e before demandiDg paymotlt from
GWI1'lIDtor.
2. NOTE:
Tho "Nore" is tho premiSSOJ}' nolO dared
FIVE HUNDRED THOUSAND AND NQ/1oo
Ap1t130, 2003
in tho priDcipalllllOUllt of
Doll....
from Bomlwer to Londer. It includes any assumption. renewal, substillllion, or repllCeJtlODl of tho Nllle, IIIc! multiple
notes WIder a Une of cradiL
3. DEFINITIONS:
"Collatera1" moans auy property taken as sacurity for payment of tho NOla or any guanmtee of tba NollO.
''Loan'' moans tho loan evidenced by tho NollO.
"Loan Documents" moans tho documents related to tba Loan sigDod by Bomlwar. Guarantor or any other guarantor, or
anyona who pledges Collalara1.
"SBA" moans the Small Business Adminislnllion, an Agency of the United Swes of Amorica.
SBA Fenn'48 ('OI9B) PI8VioUl odlliol1l ablOleIe.
Pogo 1/5
Bankers SysWns, Inc., St Cloud, MN
4. LENDER'S GENERAL POWERS:
Landor may taka any of tho following actions at any time, witbcu.t notice, witboUl Guarantor's CDlIIODI, and withOUI
making demand upon Guarautor:
A. Modify tho lIOnns of the NollO or any ot:hor Loan Documant except to increase the amounts dllO under the NollO;
B. Refrain from taking any action on tho NOllO, tho CoUalara1, or any guaranllOe;
C. Release any Borrower or any guarantor of the NollO;
D. Compromise or sattle with tho Bomlwar or any gu&rantor of the NOlO;
E. SubstitullO or rele... any of the COllallOraI, whether or not Landor racaivas anything in reDlIn;
F. Foraclose upon or otherwise obtain, and dispose of, any Collateral at public or privallO sale, with or without
advertisaman~
G. Bid or buy at any sale of CoIlalaral by Lander or any otber lienholder, at any price Lender chooses; and
H. Exorcise any rights ;1 has. including those in tba NolO and other Loan Documants.
Those actions will nOl rel...e or reduce the obligations of GuanntOr or create any rights or claims against Lender.
S. FEDERAL LAW:
Whoa SBA is the holder, tba NollO and this GWI1'lIDtee will be construed and eofon:ed WIder fedora1law, including SBA
regulations. Londar or SBA may usa slata or Ioca1 pmceduros for liUng papers, recording documents, giving notice,
foraclosing Uans, and other purposes. By using sw:h procedures, SBA does 001 waive any federal immWlity from swe or
local conlrOl, penalty, tax. or Uability. As to this GuannllOa, GWI1'lIDtOr may not claim or assart any local or swe law
against SBA to deny any obligation. defeat any claim of SBA, or preampt fadora1law.
6. RIGHTS. NOTICES, AND DEfENSES THAT GUARANTOR W AlVES:
To tho OJttanl permitted by law,
A. GuarantOr waives all rights to:
I) Require lRSenanen~ prollOS~ or demand upon Borrower;
2) Radoam any Collalara1 before or after Lander disposes ofi~
3) Have any disposition of Collalara1 advertised; and
4) Raquira a valuation of COUaIara1 before or after Leader disposes of i~
B. GuarantOr waives any noIica of.
I) Any default UDder tba NOlIO;
2) Prasanlman~ dishonor, protes~ or demand;
3) Exocution of the NollO;
4) Any action or inaction on tba NollO or Collateral, such as disbursements, paymen~ llClIIpaymenl, acceleration,
inllODlto aca:lerata, assigDIDCII~ cnUec:lion activity, and incurring aoforcamaat axpenses;
5) Any chango ill the financial condition or busilloss operations of Bomlwer or any guarantor;
6) Any changes in tho renns of tho NOlO or othc::r Loan Documents, axcapt increases in tba amounts due under lIIe
Nota; and
7) Tho time or place of any sa1a or allier disposition of CollateraL
C. Guarantor waives defansas basad upon any claim that:
I) Landor failad to obtain any guBl'lllltea;
2) Lender failed to obtain, pc::rfect, or maintain a security ilIterosl in any pmperty offered or taken as CoUatera1;
3) Lender or nlhazs improperly valuad or iII5peCIad tho Collateral;
4) Tho Collalara1 changed ill valllO, or was naglOClad, los~ doslrOyad, or underinsurod;
SllA Fann 148 ('OI9B) PI8VioUl odilia.. absalota.
Page 2JS
Bankers SysI8ms, Inc., St Cloud, MN
5) Leader impaired the Collalaral:
6) Londer did not dispose of any of tho Collatara1;
7) Londer did not conduct. commarcially roasonabla sale;
8) Landor did not obtain tho fair market value of tho Collatem;
9) Landor did not malee or perfect a claim upon the death or disability of BOl1DWe1" or any guarantor of tho
NUllO;
10) Tho financial condition of Bomlwer or any guarantor was ovOtSlIlIOd or has advanely changed;
II) Louder made = or omissions ill Loan Doc:umants or .dm;n;."'ation of tho Loan:
12) Londo: did not soak pa)'lllOlll from tho BOIl'Ower, any other guannllln, or any Collatem before d~.""mg
payment from Guarantor:
13) Lander impaired GuarantOr's suretyship rights;
14) Londor modified tho Nota tatms, other tIum to jncraasa amounts duo under the NOllO.lfLeodar modifies the
NUllO to ilIcraasa tho amounts duo under tho NollO withnut Guarantor's consant, Guarantor will DOl be Uabla
for tho jnc:raased amounts and relared in"""st and expanses, but remain. liable for all other amounts;
IS) Borrower has avoided liability on the NUllO; or
16) Londar has taken an action allowed under tho NOllO, this GUIrlDtee, or olbar Loan DocumanlS.
7. DUTIES AS TO COll.A TER.A1.:
GuarantOr will proserve tho Collatera1 pledged by Guarantor to secure IIlis Guarantee. Landor has no duty to proserve
or dispose of any Collatem.
8. SUCCESSORS AND ASSIGNS:
Under this GuaranllOe, Guaranror includes hairs and successors, and Landor includes its successors and assigns.
9. GENERAL PROVISIONS:
A. ENFORCEMENI' EXPENSES. Guarantor promises to pay all expanses Lender iDc:nrs to eofon:e Ibis Guarantee,
including, bul not 1imi1lOd tn, attorney's f..s and costs.
B. SBA NOT A CQ.QUARANTOR. Guarantor's liability will oontinuo oven if SBA pays Lender. SBA iJ DOt a
co-guarantor with Guanmtor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to lba NollO or Ibe Collalara1 until tba NollO iJ
paid in fulL
D. JOINT AND SEVERAL LlABD.ITY. All ilIdividuals and entities signing as Guarantor.... jointly and sevarally
liable.
E. DOCUMENT SIGNING. Guannror musl sign all documants necessary at any time to comply with tba Loan
Documents and to enable Londor to acquire, perfect, or m.;nt.;n Landor's Dans on Collalarlll.
F. FINANCIAL STATEMENTS. Guarantor musl give Leader financial statemants as LatuIar requires.
G. LENDER' S RIGHTS CllMULA TIVE, NOT WAIVED. Lander may exorcise any of its rights separataly or
tOgether, as many time. as il choosa.. Landar may dalay or forgo enforcing any of its rights wi1hout losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not usa an oral StalelDCllltO oontradiCl or alter lba wriIlan
terms of the Note or this Guarantee, or to niJe a defense to this Guaranlee.
L SEVERABD.ITY. If any pan of IIlis GWI1'lIDlee iJ founcIto be uneofon:aabla, all olIla< parts will romaiD in affect.
J. CONSIDERATION. The cnnsidaration for this Guatmltee is tba Loan or any lIl"",m"""'llion by Lender as to the
Loan.
S6A Fenn'48 (10/9B) F'leviaus__.
Pogo :w
Bankers SystBms, Inc., St Cloud, MN
10. STATE.SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon defaul~ in addition 10 all other remedies and rights available to
you, by signing below I irrevocably authorize the prolhonotary, clerk, or any allDrney to appear in any court of record having
jurisdiction over this matter and to confess Judgment against me at any Urn. without stay of eXBcution. I waive notice, service of
process, and process. I sgres and understand that judgment msy be confessed against me for any unpaid principal, accrued
charges due on !his Note, plus collection costs and reasonable allDmeys' fees up 10 15 percenlof !he Judgemenl The exercise of
!he power 10 confess judgment will not exhaust !his warrant of suthority 10 understand that my pi"operty may be seized without pflOr
notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any snd aU constitutional rights I have to
pre--deprivation notice and hearing under federal and state laws and fulty understand the consequences of this waiver.
DATE
S6A Fann , 48 (' OI9B) Previous _ absa.....
Page 415
Bankers Systems, Inc., Sl Cloud, MN
11. GUARANTOR ACK.L'IOWLEDGMENT OF TERMS.
GlW'3lItor acknowledges thaI GuarantOr has read and understands the significance of all terms of tho No.. and this
GUar&nlae, including all waivers.
12. GUARANTOR NAME(S) AND SIGNA TURE(S):
By signing below, each individual or entity becomas obligated as GWI1'lIDtOr under this Guaranroe.
AptI30, 2003
SBA Fann , 48 (' CWIl) Previous _.. aIlsalele.
Pogo 515
Bankars SystBms. Inc., Sl Cloud, MN
&:x:h:hi+13
U.S. Small Business Administration
NOTE
-6)~
I fA) ( ~~~
SBA Loan # GP 626380 40 09 HBG
SBA Loan Name Healll1core, U.c ~---
... April 30, 2003
Dat8
Loan Amount 500,000.00
Interest Rate WSJ P(,"", + 2.75%
Healll1core, LLc
Borrower
Operating
Company
Lender The Legacy Bank
I. PROMISE TO PA Y:
IiI return for tho Loan. Borrower promises to pay to tho order of Landor tho amount of
FIVE HUNDRED THOUSAND AND NQ/loo
Doll....
inlO....t on tho unpaid principal balance, and all other amounts required by this Nora.
2. DEFINITIONS:
"CollallOral" moans any property taken as security for paymonl of this NollO or any guarantee of tbis NollO.
"GuarantOr" moans each parson or entity that signs a gu&ranllOa of payment of this NOla.
''Loan'' means the loan evidenced by tbis NollO.
"'Loan Documents" moans tho documanlS ralated to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA" moans the Small BusiDass Adminislnllion. an Agency of tho United SlaIa.s of AmaricL
.'
-
SBA Form 147 (0&'03102) Version 4.1
P8ge11B .
Bankers Sys18ms, Inc., St. Cloud, MN .
3. PAYMENT TERMS:
Borrower must make all payments at tho place Landor designallOs. Tho payment tarm5 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.
'\i Borrower must pay principal and interest payments of $7,547.00 every month, beginning one month from the
month of initial disbursement on this Note; payments must be madB on the same day ~s the date of in~i~1
-diSburs.amenl...onJbjs.NotB 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 Joumal on the next business day.
'- The adjusted interest rate will be 2.75% above the Prime Rate. Lender will adjust the interest rate on the first
calendar day of each change period. The change in interest rate is effective on that day whether or not Lender
gives Borrower notice of the change. The initial interest rate must remain in effect until the first change period
begins.
'-
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term
of the note.--
If SBA purchases the guaranteed portion of thB unpaid principal balance, the interest rate becomes fixed at the
rate in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase.
~
All remaining principal and accrued interest is due and payable 7 years from date of Note.
Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to
5% of the unpaid portion of the regularly scheduled payment.
Loan Prepayment:
Notw~hstanding 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 interBst accrued during the 21 days and paid
under subparagraph b., above.
SBA Form 14.7 (0Ml3I02) verskJn 4.1
Page 211I
Bankers Systems, Inc., SL Cloud, MN
4. DEfAULT:
Borrow.r is in d.fault under this NOla if Borrower does not make a payment when duo WIder this NOI., or if Borrower
or Operating Company:
A. Fails to do anything requir.d by this NollO and other Loan Docum.nts;
B. Defaults on any other loan with Lander;
C. Docs not p...s.rv.. or account to L.ndor's satisfaction for. any of tho Collataral or its procaads;
D. Does not disclos., or anyone acting on their behalf does nol disclos., any marerial fact to Lander or SBA;
E. Makos, or anyone acting on their behalf mak.s. a marerially false or misl.ading rep...s.ntation to Landor or SBA;
F. Defaults on any loan or agreemenl with anothor creditOr, if Lander beli.v.s the default may mat.rially affect
Borrower's abiUty [0 pay this NollO;
G. Fails to pay any tax.s when dllO;
H. B.carn.s tho subj.ct of a proc.eding und.r any bankruptcy or insolv.ncy law;
I. Has a ...ceiv.r or liquidatOr appointad for any part of their busin.ss or property;
J. Makes an assignment for tho b.n.lit of creditOrs;
K. Has any adv.... change ill financial condition or bwin.ss operation that Landor bali.v.s may materially affect
Borrow.r's abiUty to pay this Nota;
L. R.organiz.s, morg.s. consolidat.s, or otho.....'is. chang.s own.rship or busilless sttuClltl'O wilhoul Lander's prior
written consent; or
M. Becomes tho subject of a civil or criminal action !hat Londer beli.ves may matarially affect Borrow.r's ability to
pay this NOla.
S. LENDER'S RIGHTS lFTIlERE IS A DEFAULT:
Without notice or demand and withoul giving up any of its rights, Leader may:
A. Require ilDllladiate payment of all amounts owing under this Nota;
B. Collacl all amounts owiDg from any Bomlwer or GuarantOr;
C. Fil. suil and oblain judgment;
D. Tak. possession of any Collalaral; or
E. s.n, I...., or othorwis. dispose of, any Collateral at pubUc or private sala, with or withoUl advartisamanl.
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consan~ Leader may:
A. Bid on or buy tho Collateral at its sal. or tho sal. of anot:hor UOIIholder, at any price jl cblloses;
B. Incur .xpanses to collect amounts duo under this NOlIO, enforce the IelDlS of this NOte or any otbar Loan
Docurnant, and pros..... or dispose of the Collateral. Among otbar things, the expanses may include payments
for proparty laxes, prior Ii.ns. insunnce, appraisals. .nvirolUllOlltal...madiation costs. and reasonabl. atlOmcy's
f..s and costs. If Lander incun such .xpanses, it may d.mand immediate ...payment from Borrower or add tho
.xpans.s to the principal balanc:.;
C. Releas. anyone obligallOd to pay this Note;
D. Compromis., ...1...., renew, .XIend or substilUlIO any of the Collateral; and
E. Tak. any action nacessa:y to prollOct the Collatara! or coll.ct amoUDts owing on this NollO.
SBA Form , 47 (08103I02) Version 4.1
Pago3lll
Bankers Systsms, Inc., St Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this NollO will be inlarprellOd and enforced under fedora1law, including SBA regulations.
Lander or SBA may use stallO or local procedures for filing papalS, recording documents, gi viDg notice, foreclosing
lions. and other purposes. By using such procedures, SBA docs not waive any fadora1 immunity from stallO or local
control, penalty. Wt. or UabiUty. As to this NOlO, Bomlwer may not claim or asset! against SBA any local or swe law
to deny any obUgation. defeat any claim of SBA, or preampt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this NOllO, Borrower and Operating Company include tho SUCCesSOll of each, and Lander includes its SuccasSOlS
and assigns.
9. GENERAL PROVISIONS:
A. AU individuals and entities signing this NOlO .... jointly and severally liable.
B. Bomlwer waives all suretyship defenses.
C. Bomlwer must sign all documents naccssary at any time to comply with the Loan DocUlDCllts and to enable
Lander to acquire, perfect, or maintain Leader's lions on Collateral.
D. Lendor may e.ereise any of its rights separately or tOgether, as many times and in any order jl chooses. Lander
may dalay or forgo enforcing any of its rights witboUl givillg up any of them.
E. Borrower may nol usa an oral swemant of Lander or SBA to contradict or a1l1Or the written lOrms of Ibis NollO.
F. If any pall of this NollO is unenforceable, all other parts remaiD in effacL
G. To tho extent allowed by law, Borrower waives all demands and notices ill connoction with this NollO. including
prosentmen~ demand. protas~ IIIc! notice of dishonor. Bomlwer also waives any defenses based upon any claim
that Londer did not obtain any guaranllOa; did not obtain, perfect. or maintain a lion upon Collateral; impaired
Collatara1; or did not obtain tho fair market ValllO of CollallOra1 at a sale.
SBA Form 147 (06103I02) Version ..1
PIIIl"418
Bankers Sysl8ms, Inc., St Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
WARRANT OF AUTI-tORITY TO CONFESS JUDGEMENT. Upon defaul~ n addition ID all olher remedies and rights available ID
you, by signing below I irrevocably authorize Ihe prolhonotary, cieri<, or any attomey ID appear in any oourt of rocord 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 Ihis Note, plus collection costs and reasonable attomeys' fees up to 15 p&rcenl of Ihe Judgemen~ The exercise of
Ihe power ID confess judgment will nol exhaust Ihis warrant of authority to understand Ihat my property may be seized without prior
notice to satisfy Ihe debt owed. I knowingly, intentionally, and voluntarily waive any and an constitutional rights I have to
pre-deprivation notk=. and hearing under federal and state laws and fully understand the consequences of this waiver.
.,..
S6A Farm 147 (06103I02) VOllian 4. 1
Pogo SIB
Bankers Systems, Inc., St. Cloud, MN
II. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each ilIdividual or entity becomos obligaled under this NOlO as Bomlwer.
Heallhcore, LLc
Aprl 30, 2003
April 30, 2003
SBA Farm 147 (0&'0:W2) Version 4.1
Page 6IB
Bankers Systsms, Inc" St Cloud, MN
f yh;J,; J C
TUCKERIARE~~~fn~~
F. Stephenson Matthes
smatlhes@tuckerlaw.cam
September 16, 2004
VIA CERTIFIED MAil, 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'1 in
the principal amount of $500,000, which was executed and delivered to Legacy by
HealthCDre, LLC ("Borrower"). Reference is further made to that certain Commercial
Security Agreement dated April 30, 2003 (the "Security Agreemenn. 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 IDan with Lender; (c) does not preserve or account
to Lender's satisfactiDn fDr, any of the Collateral or its proceeds; (d) fails to pay any
taxes when due; ." ". The Note provides that upon default, Lender may "(a) require
immediate of all amounts owing under this Note; (b) collect all amounts owing from any
Borrower or Guarantor; (c) file suit and obtain judgment; (d) take possession of any
Collateral; or (e) sell, lease or otherwise dispose of any Collateral at public or private
sale with or without advertisement."
Borrower is presently in default for numerous reasons including a failure to make
payments when due on several loan obligations to Legacy, as well as for failing to make
tax payments when due.
Pursuant to the direction of Legacy Bank, we hereby notify you that Legacy Bank
declares the entire balance under the Notes immediately due and payable and demands
immediate payment of all principal, interest, and fees, currently $444,454.49, together
with accruing interest, attorneys' fees and other expenses. This balance is current as of
September 15, 2004, but does not include attorneys' fees and costs. For a complete
breakdown of the same, please contact the undersigned.
Tucker Arensberg, P.c. 111 North Front Street P.O. Box 669 Harrisburg, PA 17108 www.tucl<erlaw.com
- - p.BOO.257.4121 p.717.234.412' r.71"32:Sa02
TUCKERIAREt-{~~f.,~~
Jenine J. Kerr
Krista K. Baer
September 16, 2004
Page 2
Payment should be made by cashier's check or wire transfer to The Legacy Bank, 2600
Commerce Drive, Harrisburg, PA 17110. The Legacy Bank reserves all rights and
remedies that it has under the Note, any other loan documents executed in connection
with the Note, any other loan documents by the Borrower, any third party obligDr, any
pledgor, any guarantor and/or at law or in equity.
Thank you for your immediate attention to this matter.
Very truly yours,
TrrER ARENS BERG, P.C.
I \
, .
\. .
F~Phenson Matthes
FSMldth
cc: Jenine J. Kerr
Ronald W.'Baer
Krista K. Baer
W&C Realty & Holdings, L.P.
HealthCore of Maryland, LLC
HealthCore of Ohio, LLC
71652.1
E )C A: ),,'-1 b
Exhibit 0
TUCKER\ARENA~~f~
F. Stephenson Matthes
smallhes@lucke~aw.com
September 22. 2004
VIA FACSIMILE, CERTIFIED MAIL, RETURN RECEIPT REQUESTED
NO. 7002 2410 0001 23672829 AND FIRST CLASS MAIL
Jenine J. Kerr
47 West Pomfret Street
Carlisle, PA 17013
RE: Guaranty of Promissory Note dated April 30, 2003 (SBA Loan) in
Principal Amount of $500.000 Between HealthCore, LLC and The Legacy
Bank
Notice of Default and Demand for Payment
To Whom It May Concern:
This office represents The Legacy Bank ("Legacy" or "Lender").
Reference is made to that certain Promissory Note dated April 30, 2003 (the "Note") in
the principal amount of $500,000, which was executed and delivered to Legacy by
HealthCore, LLC ("Borrower"). Reference is further made to that certain Commercial
Security Agreement dated April 30, 2003 (the "Security Agreement"). which was
executed and delivered by the Borrower to Legacy. Reference is further made to that
certain Unconditional Guaranty dated April 30, 2003 (the "Guarantee"), which was
executed and delivered to Legacy by Jenine J. Kerr. (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 obligatiDns to Legacy, as well as for failing to make
tax payments when due. By letter dated September 16, 2004, Legacy declared the
Borrower to be in Default under the Note and made demand for immediate payment in
full of all amounts due and owing under the Note.
Pursuant to Section 1 of the Guarantee, Guarantor agreed to pay all amounts due under
the Note when Lender makes written demand upon the Guarantor for payment.
Tucker Arensberg. P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17106 www.tuckerlaw.oom
p.800.257.4121 p.717.234.4121 f. 717.232.6802
TUCKER\ARENE~f~
Jenine J. Kerr
September 22. 2004
Page 2
Pursuant to the direction of Legacy Bank, we hereby notify you that Legacy Bank hereby
makes demand for payment of the entire balance under the Note pursuant to the
Guarantee and demands immediate payment of all principal. interest. and feeS. currently
$444.454.49, together with accruing interest. attomeys' fees and other expenses. This
balance is current as of September 15. 2004, but does not include attorneys' fees and
costs. For a complete breakdown of the same, please contact the undersigned.
Payment should be made by cashier's check or wire transfer to The Legacy Bank, 2600
Commerce Drive, Harrisburg, PA 17110. The Legacy Bank reserves all rights and
remedies that it has under the Note, any other loan documents executed in connection
with the Note, any other loan documents by the Borrower, any third party obligor, any
pledgor, any guarantor and/or at law or in equity.
Thank you for your immediate attention to this matter.
Very truly yours,
TUCKER ARENSBERG, P.C. /-Ii A ~ J,tt-
"'1-: ~cr--1/1(JM1"{ ,
F. Stephenson Matthes
FSM/dth
cc: Krista K. Baer
Ronald W. Baer
HealtCore of Maryland, LLC
W&C Realty & Holdings, L.P.
HealthCore of Ohio. LLC
HealthCore, LLC
BANK..FIN"2328D8-10161B8-12DS45
r) '"
, c>
'"
:"1
,. ..f..
,-
- ,
.. ,
"'- ,
.. .'
,
';
. .J
'--' <
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.
CIVIL DIVISION
NO. 0 I.{ . qr;o'-
v.
JENINE J. KERR
47 West pomfret Street
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
c..-ion Of Judgment am trua and ",no" \0'" .." of .~ .,Io.....a aad -,
aad ..at ... Gua..- (.. _ ;n ... eomplalat) wh;oh ;s _ad .. aa E""'" fo
the Complaint In Confession Of Judgment is a true and correct copy of the original
executed by the Defendant.
o and subscribed before me
day of September. 2004.
72038.1
NclnI Sell
OIn.-Iloln, NoIIry PIMa
0Iy 01 HIntIIug, 00uI>I*l CcuIIV
My Q...,w.., EJopne Apr.lI, 'llX11
.......p... .t-- & . - -a....
- 2-
j
^
lew Officer
G
c,
;...:(~.
::.~.; .
C!",:
('~..:
..<~
.....,
r..;...)
...'"
~-
("
,.,
-~)
N
(.,)
()
-"
:.~
.i._.
f'"!;:,
""!"'1;,",
.'"J ~-.'
:: ~ ~ ,
:::":-.
.,
~;: "
I'"
)..:
(.;:
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. at.{ . LfSO'J...
JENINE J. KERR
47 West Pomfret Street
Carlisle. PA 17013.
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 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. oan view Officer
The Legacy Bank
..
S orn:J;;J subscribed before
e hi' day of September. 2004.
-... SllIl
0...--. ~NIIc
CIIv 01 Hontoblrll. !lIqlI*l Cclun1r
My Cu,.,....., ElqlI....ll. '1t'J11
Mi!mbIr. ~_~... . ~ .a........
.- '..
-'"~:.~-:'
~....
~. ~
,
-......
~.
~. :. . .
-:;:
()
,..
r"
c...l
~..
_n,
-
-
.::-
<.I;
....,
r..7';
...;.-.
r'
"1;
,-
(:
.'-'
"'.h.
I ,'~ . .
,
:~?[~;
" I
: \~";
'-
--...
. .
--'
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,
Plaintiff,
v.
JENINE J. KERR
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO. OL{,~?
AFFIDAVIT OF INCOME
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
: SS
Don Signor. being duly sworn according to law. deposes and says that he is a
Loan Review Officer of The Legacy Bank; that he is a duly authorized representative of
Plaintiff; and that to the best of his knowledge, information and belief the income of the
Defend,", . ;" ....... of $10,000,00 ..'yea'. ~
~ / '
Don Signor, Loatl e Officer
The Legacy Bank
to and Subscribed before me
ay of September. 2004.
__Sell
c.n.- _. NaIlIIYPIdc
CllyOl.....-u, ~ CaI1Ir
My c............ ElqlRI ~.ll, 7l11T
MIrnbII'.~-...,....-- ~ .or....
/
/:'-.;-..
~
()
("'-
.'-;
.~;.:'I
5:1
'u
~.)
c.,,)
..~-
.;".
~.~.:
,
""'.
::;..~
.-:-
(},:
",
~;:~~
-'
-;:
:.-.'
fl;i,~:
-r;.."-;-:
,
.-.,
...! ..
l _ ~
TUCKER ARENSBERG, P.C.
By: F. Stephenson Matthes
PA I.D. No. 67408
111 North Front Street
P.O. Box 889
Harrisburg. PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg. PA 17110.
Plaintiff,
v.
JENINE J. KERR
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO. aLl''''~
AFFIDAVIT OF NONAPPLICABILITY OF
GOODS AND SERVICES INSTALLMENT SALES ACT
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
: SS
Don Si9nor, being duly sworn accordin9 to law. deposes and says that he is a Loan
Review Officer of The Legacy Bank; that he is a duly authorized representative of Plaintiff; that
the Complaint In Confession Of Judgment does not arise out of a retail installment sale,
contract, or account, as defined under the Goods and Services Installment Sales Act, 69 Pa.
Stat. Ann. ~1101. et !!!!l.; and that the foregoin9 facts are true and corre to the best of his
knowledge, information and belief. . 7
Sw 0 and Subscribed before me
i day of Septemb;.Q ~~04. I
. IVlCl-u. \ iJf-1XU-
otary Pul)lic ~
_So.-
o.n.-_.~_
CIIy Of HIntoIx.Ig,llIuphi1 CalnIr
My Q...,......., EllpRo Apr. 8...,
.......~. /.11IIII a -a.....
Don Si9nor, Loa lcer
The Legacy Bank
(") ,.....') .~)
c-:.
c- .:.::, "' ,
....-
" '. ':..~ :.::f
L .. l"j '"
" I
I ,..
- 1'., - !
" . .
(.,) '-"
.. .. ~, C ,
~~ I _. r -!
:" :::.... .
(.~. -.. ; I
::.; -.'
r.':.
:-:-:j .- .-::-:
-:: C"
TUCKER ARENS BERG, 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
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
THE LEGACY BANK,
2600 Commerce Drive
Harrisburg, PA 17110,
Plaintiff,
v.
CIVIL DIVISION
NO. tJl..(. V~:l..
JENINE J. KERR
47 West Pomfret Street
Carlisle, PA 17013,
Defendant.
AVERMENT OF DEFAULT
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 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 July , 2004.
~ ...'
Don Signor, Loan view lcer
The Legacy Bank
o and subscribed before me
day of September. 004.
(
_Sell
o.n.to_, ~NlIc
ay or H8nialug, IJIuIll*I CcunIy
MyQ.".,_EJCpinlll/lfJl.i.'JlX1T
........~_-#..... .a.....
" .....,
-J , -, C:..
r- C.-:.I
. ~- -"
n V> :.-:-J
f":; i","if:
~ -;,.,
, r-., " r-'i
.. W ;::".1
I '.)~j
- '.
:-'~ ,..~:
-- , .-
..... ,. ,
.
-' .r.-
, 0" -,:
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
NO. 0'/ -(.(10"-
JENINE J. KERR
47 West Pomfret Street
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. in rmation and
belief.
A
Officer
d subscribed before
day of September. 2004.
_Sell
0...-_. ~NllIc
ay Of t1IntIIulI.llII.lIlI*I eanr
Mt Q...1..a.A..1 &pM ..1. 71111
..........F\,... ,..... .a___
.- r.
,.
..:./,
~ .:
-'
-.
f)
--....
::-'.~
~-
.;:--
......., ....
.~
, ,
"'"
o
~ll
--.,
-,-
;..-:;).
... ..~
;'"j
."
,.....,
c..,
-:-"~-r
.. --.
..,:'.,-
.-;~~'_\~I
ri
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
NO. oi{. <'I'.fcXl
JENINE J. KERR
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. 52737.1, 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 Df 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 2956. 1 (c)(2) or Rule
2973.1 (c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show
cause and may grant a stay of proceedings. After being served with a copy of the petition the
plaintiff shall file an answer on or before the return day of the rule. The retum 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 tD 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 shDwn 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 Dr attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
Dated and Served:
September~, 2004
By Certified Mail
Return Receipt Requested
.
.~.S ens
1"'-''' 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
72061.1
Attorneys for Plaintiff,
The Legacy Bank
- 2-
-
t") '"
A~ ~l P
I:".;~
--:- ,
.",' f;? =-;!
-" ,- I ,:",.
~
~ ", .. '"n
" C,.j C
..-- <J
.-.
..... ,
- ,
~:~ :-,-1
.. ,
, -
-.;; ....
C". '.
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
NO. ()L(.~;l
JENINE J. KERR
47 West Pomfret Street
Carlisle. PA 17013.
Defendant.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby
notified that a JUDGMENT BY CONFESSION has been entered against you in the
above-captioned proceeding. Copies of all documents that have been filed with the
Prothonotary in support of the Confession of Judgment are attached hereto.
If you have any questions conceming this Notice. please call, F. Stephenson
Matthes, Esquire, at (717) 234-4121.
72062.1
~~
PROl NOTA
(0~~::
z; ~ f~-~
(-.....\ =<\ ~-
~\O<"\
.....j -..
~
-.()
~
}'
---..
;:S)
u-...
Dl
, '.
"'-".
...... .
p ~
~~ !2
.7.") :;:J
., ,.,-.....
. .
~.. ~rr'
c..) ~: .~ ~:'
. .; ~-l
;'.~ . . '.' ~
~~-: :
-.
-.
ij
.r:-
......
,',
...
Uniform Tax Parcel
No. 08-11-0294-136
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS ~(f{JW-Lf90~
PARTIAL RELEASE OF JUDGMENTS LIENS
KNOW ALL MEN BY THESE PRESENTS that THE LEGACY BANK (the "Bank"
or "Releasor"), hereby declares as follows:
BACKGROUND
A. On or about September 23, 2004, Judgment was entered in the amount of
$445,615.15 in favor of the Bank and against Jenine J. Kerr a/kla Jenine Jeska Kerr
("Ms. Kerr" or the "Releasee"), in the Court of Common Pleas of Cumberland County,
and docketed to civil action #2004-4802.
B. The above-referenced Judgment IS hereinafter collectively referred to as the
"Judgment".
C. Jenine J. Kerr a/k/a Jenine Jeska Kerr, is the owner of that certain lot located at
and known as 21 Dannah Drive, Dickinson Township, Cumberland County,
Pennsylvania, also known as tax parcel identification number 08-11-0294-136 and as
more particularly described in Exhibit "A" attached hereto (collectively the "Property").
D. The Judgment presently operates as a lien on the Property of Jenine J. Kerr
a/k/a Jenine Jeska Kerr.
E. The Bank is willing to release the Property from the lien of the Judgment as
stated herein.
RELEASE
NOW THEREFORE, at the instance and request of Jenine J. Kerr a/k/a Jenine
Jeska Kerr and for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, and intending to be legally bound hereby, The Legacy Bank,
for itself, its successors and assigns, does hereby covenant, promise, and agree with
Jenine J. Kerr a/k/a Jenine Jeska Kerr and her heirs, executors, administrators,
successors and assigns, that it will not attach or levy upon, sell or dispose of, claim or
demand the said Property, in or as a result of the Judgments, or any of them, or assert
or claim any estate in, to or under said Property; and further releases the liens of the
Judgments only on the said Property, in order that Jenine J. Kerr a/k/a Jenine Jeska
Kerr and her respective heirs, executors, administrators, successors, assigns, and
grantees shall and hereafter may hold, own and possess the said Property free and
clear from the Judgments; provided, however, that nothing herein contained shall
invalidate the lien or security of the Judgments upon any other real estate of Jenine J.
Kerr a/k/a Jenine Jeska Kerr, individually or jointly, in Cumberland County,
Pennsylvania or elsewhere.
IN' WITNESS WHEREOF, the Bank has executed this Partial Release of Judgments
Liens this /Pth day of ~-te.Mt>€(, 2006.
WITNESS: .
~5~ G"Bf fcP
The Legacy Bank _ /
J~-y /
By: ~1
Its:
o ,.ert W rEng 'J '- \
I (C- f'fY-rr. ~..,
~~
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF L,/ com'\nj
On this, (p~ day ofS-.ep-te.rr\be( , 2006, before me, a Notary Public, the
undersigned officer, personally appeared R~be.(1- W. E03e \ who
acknowledged himself/herself to be the Y ',ce ~ ( es' ,c\ e...f\ +
of the Legacy
Bank, a r; nQ(\ (I Q \
banking association and that he/she as such
\J 'I C e..
p (\:S I c\ ef\-r
being authorized to do so, execute and acknowledged
the foregoing instrument for the purpose therein contained by signing the name of The
Legacy Bank by himself/herself as V', ce.. f (eS'ldex"\+
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
iuLuL CL. J Jl~
Notary Public
After recording return to:
CUNNINGHAM & CHERNICOFF, P.C.
Bruce J. Warshawsky, Esquire
2320 North Second Street
Harrisburg, Pennsylvania 17110
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Debra A. Sullivan, Notary Public
City Of W~1iamsport, Lycoming County
My Commission Expires ~. 25, 2010
Member. Pennsylvania Association of Notaries
EXHIBIT "A" - LEGAL DESCRIPTION
, .
ALL THAT CERTAIN lot of land situated in Dickinson Township, Cumberland
County, Pennsylvania, bounded and described in accordance with Subdivision Plan for
Heritage Valley prepared by Statler-Brehm Associates, Inc., dated October 13, 1993,
consisting of 10 pages, a copy of which was recorded in the hereinafter named
Recorder's Office on February 10, 1995, in Plan Book 69, Page 79, etc., which
Subdivision Plan for Heritage Valley is incorporated herein by reference, as follows:
BEGINNING at a point on the northern line of 50 feet wide Dannah Drive at the
dividing line between Lots Nos. 43 and 44; thence along said northern line of 50 feet
wide Dannah Drive the following two courses and distances; (1) by a curve to the left
having a radius of 250.00 feet an arc distance of 56.04 feet to a point; and (2) North 85
degrees 02 minutes 30 seconds West a distance of 51.14 feet to a point at the dividing
line between Lots Nos. 44 and 45; thence along said dividing line between said Lots
Nos. 44 and 45, North 04 degrees 57 minutes 30 seconds East a distance of 286.15
feet to a point on the southern dedicated right of way line of Pennsylvania route No. 174
known as West Old York Road, which southern dedicated right of way line is 30 feet
south of the original centerline of said West Old York Road; thence along said southern
dedicated right of way line, by a curve to the right having a radius of 3000.00 feet an arc
distance of 320.50 feet to a point at the dividing line between said Lots Nos. 43 and 44;
thence along said dividing line between said Lots Nos. 43 and 44, South 37 degrees 30
minutes 28 seconds West a distance of 342.52 feet to a point on the northern line of 50
feet wide Dannah Drive at the place of beginning.
THE ABOVE described lot of land is all of Lot No. 44 as shown on said
Subdivision Plan for Heritage Valley recorded as aforesaid, and contains an area of
67,036.84 square feet, or 1.54 acres, more or less, and has the mailing address of 21
Dannah Drive, Carlisle, Pennsylvania 17013.
BEING the same premises which Peter Them Builders, Inc., a corporation, by
Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds
Office on May 1, 2002, in Deed Book 251, Page 2553 conveyed unto Jenine Jeska
Kerr.
~ ~ ~
~ " ?\
~
-....... {S' ~
~ .t:..
W 6' ""
~ vI "r-
~ ~
~
~,
--
t
~
~
~
~
\,J'\,
I'
...
\..
l'
f\
\1'.
'?'-
"
C"
t-..)
=
=
0"
o
11
:I!
mil
~o F;;
:::'0
() (1._
~:::::! _.,~)
,;:.L~ -ri
,-._J---
~.?..o
''''5m
~::::"l
J>
.".0
.<
(/)
P1
-0
i""
-.l
~
::s::
6
L.)
co