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HomeMy WebLinkAbout04-5091TUCKER 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, RONALD W, BAER 71 Cold Springs Road Carlisle, PA 17013, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. ~¢-..,~'~'? 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 separatel~ set forth in the Guaranty dated May 5, 2003, a true and correct copy of which i attached as Exhibit A to the Complaint filed in this action, we hereby appear f( the Defendant in this matter, Ronald W. Baer, and confess judgment authoriz in favor of the Plaintiff and against the Defendant, as follows: DAMAGES ARE ASSESSED AS FOLLOWS: Principal balance under the Guaranty dated May 5, 2003 as of August 5, 2004 Interest through August 5, 2004 $300,000.00 2,614~59 $302,614.59' *Together with all late charges and reasonable attorneys' fees as per Guaranty (to be determined) Dated: 72450,1 ?~KEI~ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, The Legacy Bank -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, 2600 Commerce Drive Harrisburg, PA 17110, Plaintiff, RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, The Legacy Bank (the "Bank"), by and through its attorneys, Tucker Arensberg, P.C., files this Complaint for judgment by confession pursuant to Pennsylvania Rules of Civil Procedure 2950-2956 and, in support hereof, states as follows: 1. The Bank is a national banking association with an address at 2600 Commerce Drive, Harrisburg, Pennsylvania 17110. 2. Defendant, 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 Guaranty on May 5, 2003 (the "Guaranty") 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 May 5, 2003 and all related documents (the "Agreements"). True and correct copies of the Guaranty and Note/Loan Agreements are attached hereto and incorporated herein as Exhibits "A" and "B", respectively. 4. Defendant, through the terms of the Guaranty, authorized the confession of judgment against the Defendant. 5. Pursuant to the terms of the Guaranty, 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 Guaranty, upon the occurrence of an event of default under the Agreements, the Bank was authorized to declare all amounts payable under the Guaranty to be immediately due and payable. -2- 9. On or about August 10, 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 October 7, 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 Guaranty, the Bank may appear for and confess judgment against the Defendant for the amounts due and owing under the Guaranty. 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 Guaranty, 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 Guaranty. -3- 15. Bank under the Guaranty are as follows: Principal balance under the Guaranty dated May 5, 2003 as of August 5, 2004 Interest through August 5, 2004 As of August 5, 2004, the amounts due and owing by the Defendant to the $300,000.00 2,614.59 $302,614.59 *Together with all late charges and reasonable attorneys' fees as per Guaranty (to be determined 16, The Note and the Guaranty 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 Guaranty in any jurisdiction, 19. The confession of judgment provision appearing in each of the Notes or Guaranty 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 Guaranty. WHEREFORE, the Bank, as authorized by the Warrant of Attorney contained in the Note and Guaranty, hereby demands that judgment by confession be entered in its favor and against the Defendant, in the amount of $302,614.59, plus -4- interest accruing after August 5, 2004, plus costs and attorneys' fees and requests such other and further relief as the Court may deem proper. F. ,~tel~henson M~thes 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 Dated: 72494,1 Attorneys for Plaintiff, The Legacy Bank -5- CERTIFICATE OF SERVICE AND NOW, this ~ day of (-)(~-4'~-~ ,2004, I, Dawn T. Heilman, Legal Secretary to F. Stephenson Matthes, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a true and correct copy of the within document, by mailing same by U.S. Mail, Certified Return Receipt, postage prepaid, addressed as follows: Ronaid W. Baer 71 Cold Springs Road Carlisle, PA 17013 72101.1 GUARANTY (Continuing Debt - Unlimited) DATE AND PARTIES. The date of this Guaranty is May 5, 2003. The parties and their addresses are: LENDER: THE LEGACY BANK 2600 Commerce Drive Harrisburg, Pennsylvania 17110 Telephone: (717) 441-3400 SORROWER: HEALTHCORE LLC a Pennsylvania Corporation 47 West Pomfret Street Carlisle, Pennsylvania 17013 GUARANTOR: RONALDWBAER 71 Cold Springs Road Carlisle, Pennsylvania 17013 1. OEI=INI'rlONS. As used in this Guaranty. the terms have the following meanings: A. Pronouns. The pronouns '1". ~me' and "my" refer to ail persons or enthies signing this Guaranty, individually and together with their heirs, successors and assigns. 'You' and "your" refer to the Lander, with its participants or syndicators, successors and assigns, or any person or company that acquires an interest in the Debt, B, Note. "Note" refers to the document that evidences the Borrower's indebtedness, and any extensions, renewal=, modifications and substitutions of the Note. C. Debt. "Deb~" refers to debts, liabilities, and obligations of the Borrower (inctuding, but riot limited to, amounts agreed to be paid ui~der the terms of any notes o¢ agreements securing the payment of any debt, loan, liability or obligation, overdrafts, le~ters =f credit, guaranties, advances for taxes, insurance, repairs and storage, and a~l extensions, renewals, refinancings and modifications of these debts) whether now existing or created or incurred in the future, due or to become due, or absolute or contingent, [i~ctuding obligations and duties arising from the terms of ali documents prepared o; submitted for the transaction such as applications, security agreements, disclosures, the Note. and this Guaranty. Cl. property. "Proper~y" means any property, real. personal or intangible, that secures parfornlance of the obligations of the Note, Debt, or this Guaranty. 2. AGREEMENT TO GUARANTY. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to induce you, at your Guaranty shall not be affected by the illegality, invalidity or unenforceabiliW of any notes or agreements evidencing the Debt, the violation of any applicable usury 6. BANKRUPTCY. if a bankruptcy petition should at any time be filed by or against the Borrower, the matud~y of the Debt, so far as my liability is concerned, shalt be accelerated and the Debt shall be immediately payable by me. I acknowledge and agree that this Guaranty, and the Debt secured hereby, will remain in full force Pennsylvania Guaranty initial PA14fkachuraDO623900003872011050503Y =1996 Bankers Systems, Inc., St. Cloud, MN Ex~';=~~ g. DEFAULT. I will be in default if any of the foltowing occur: Pennsylvania Guaranty initial PAI4fkachuraO062390QO03872011050503Y 01996 Bankers Systems, inc., St. Cloud, MN E.~-"~M 12. COLLECTION EXPENSES AND ATTORNE~. FEES. On or after Oefault, to the extent permitted by la ~gree to pay all expenses of collection, enforcement or 16. AMENDMENT. INTEGRATION AND SEVERABILITY. This Guaranty may not t~e amended or modified by oral agreement. No amendment or modification of this WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you. by signing below I irrevocably 20. SIGNATURES. By signing under seal, I agree to the terms contained in this Guaranty. I also acknowledge receipt of a copy of this Guaranty. GUA R: ' Ronald W Beer Pennsylvania Guaranty Initials PA/4fkachuraO0623900003872011050503Y =1B96 Bankers Systems, inc., Et. Cloud, MN E,~;~' Page 3 LOAN NUMBER L~ JAME ACCT. NUMBER OTB DATE INITIAL5 1001-01575 H eal~hCo~e LLD 05/05/03 RM NOTE AMOUNT INDEX (wlMargln) RATE MATURITY DATE LOAN PURPOSE $300,000.00 Wall Street Journal Prime plus 5.25% Payable on Demand Commerc{al PROMISSORY NOTE {Commercial - Revolving Draw. Variable Rate} DATE AND PAR33ES, The date of this Prom;ssory Note (Note) is May 5, 2003. The pat':JaB and 1:hair addresses are: LENDER: THE LEGACY BANK 2BO0 Commas'ce Drive Harrisburg, Pennsylvania 17110 Telephone: (717) BORROWER: HEALTHCORE LLC a Pennsylvania Corporal:ion 01996 Bankers Systems, Inc., St. Cloud. MN ~x;~----'~.= Bankers Systems, ~n=., St. Cloud, MN ~ LOAN NUMBER LO, ,AME ACCT. NUMBER .EMENT DATE 1001-01575 HealthCore LLC 05/05/03 NOTE AMOUNT INDEX [w/Marglnl RATE MATURITY DATE $300,000.00 Wall S;reet Journal Prime plus 5.25% Payable on Demand 1.000% Creditor Use Onl'f INITIALS RM LOAN PURPOSE Commercial COMMERCIAL LOAN AGREEMENT Revo)vlng Draw Loan DATE AND PARTIES. The date of thin Commercial Loan Agreement {Agreement} is May 5, 2003. The parties and their addresses are as foJrows: LENDER: THE LEGACY BANK 2500 Commerce Drive Harrisburg, Pennsylvania 17110 BORROWER: HEALTHCORE LLC a Pennsylvania Corporation ~.7 West Pomfret Street Carllsle, Pennsylvan~& 170 t 3 1. DEFiNiTiONS, For the purposes of this Agreement, the fotlowing Terms have the follow~ng meanings. / {4} Conditions and Covenants. I wi, /e performed and complied with all conditions required f advanca and all covenants in this Agreement and any other Loan documents. / HealthCore LLC Pennsylvania Commercial Loan Agreement PA/4fkachura00623900003872011050503Y ~1996 Bankers Systems. Inc., St. Cloud, MN ~ August 10, 2004 Jenine J. Kerr Krista K. Baer HealthCore, LLC 47 W. Pomfret St. Carlisle, PA 17013 R.E: NOTICE OF DEFAULT Promissory Note between The Legacy Bank and HealthCore, LLC dated May 5, 2003, in the Principal Amount of $300,000.00, Legacy Account #100101575 (hereinafter referred to as the Line of Credit) Dear Ms. Kerr and Ms. Baer: In our Written Notice of Maturity dated May 12, 2004 (copy attached), we informed you the Line of Credit woul.d not be renewed and required that the Line of Credit be paid in full by August 5, 2004. You have failed to comply with this requirement, and as a result we hereby provide you with a WRITTEN NOTICE OF DEFAULT. Based upon this default, we will exercise our right provided in the loan documents to increase the interest rate on the Line of Credit by 3% to a floating rate of Wall Street Journal Prime plus 4% until the loan is paid in full. Should you wish to discuss this matter, please contact me at (717) 441- 3400 extension 129. Sincerely, THE LEGACY BANK Robert E. McDonald Director of Commercial Services F, Stephenson Matthes srn atthes~t uckerlaw.com October 7, 2004 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NO. 7002 2410 000t 2367 2676 AND FIRST CLASS MAIL Ronald W. Boer 71 Cold Springs Road Carlisle, PA 17013 RE: Guaranty of Promissory Note dated May 5, 2003 (LOC) in Principal Amount of $300,000 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 May 5, 2003 (the "Note") in the principal amount of $300,000, which was executed and delivered to Legacy by HealthCore, LLC (',Borrower"). Reference is further made to that certain Guaranty dated April 30, 2003 (the "Guaranty"), which was executed and delivered to Le9acy by Ronald W. Boer. (the "Guarantor"). The paragraph of the Note entitled "DEFAULT" provides, in part, that Borrower will be in default if Borrower, among other things fails to make payments when due under this Note or if Borrower is in Default under other Agreements with Lendor. The Note provides that upon default, Lender may "ia) require immediate payment of all amounts owing under this Note; (b) collect all amounts owing from any Borrower or Guarantor; (c) file suit and obtain judgment; id) take possession of any Collateral; or (e) sell, lease or otherwise dispose of any Collateral at public or private sale with or without advertisement," Sorrower is presently in default for numerous reasons including failure to make payments when due on several loan obligations to Legacy. By letter dated August 10, 2004, Legacy declared the Sorrower 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 Guaranty, Guarantor agreed to pay all amounts due under the Note when Lender makes written demand upon the Guarantor for payment. Pursuant to the direction of Legacy Sank, we hereby notify you that Legacy Bank hereby makes demand for payment of the entire balance under the Note pursuant to the Guarantyand demands immediate payment of all principal, interest, and fees, currently $302,614.59, together with accruing interest, attorneys' fees and other expense~: This balance is current as of August 5, 2004, but does not include attorneys' fees and costs. For a complete breakdown of the same, please contact the undersigned. Tucker Arensberg, RC. 111 North Front Street P.O. Box 889 p~ 800.257.4121 p. 717.234.4121 Harrisburg, PA 17108 www.tuckedaw, com f. 717.232.6802 TUCKER ARENSBERG Attorneys Ronald W. Baer October 7, 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 {oan 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, FSM/dth cc: Jenine J. Kerr Krista K. Baer HealthCore, 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, 2600 Commerce Drive Harrisburg, PA 17110, Plaintiff, RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS. Mark Stejl~ns, being duly sworn according to law, deposes and says that he is a CFO 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 Guaranty (as defined in the Complaint) which is attached as an Exhibit to the Complaint In Confession Of Judgment is a true and correct copy of the original executed by the Defendant. en , CF~ The Legacy ~ank Sworn~o and subscribed before me this ~ day of October, 2004. N~ot~ry Public. 72455.1 -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, 2600 Commerce Drive Harrisburg, PA 17110, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. CIVIL DIVISION RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS Before me, the undersig[~ed Notary Public, in and for said County and State, personally appeared Mark Step, lens, CFO of The Legacy Bank, Plaintiff herein who, as an authorized representative thereof, being duly sworn accordin ~ to law, deposes and says that the Defendant is not in the military service of theJJnite States of America, to the best of his knowledge, information and bel~ ~r~l Mar The Legac ;~A3ank Sworn to a.~ subscribed before me this ~ day of ~Qc~ber, 2004. N~5't~ ry Public 72459.1 ~' BARI~ARA L, S TUCKER ARENSBERG, P.C. By: F. Stephenson Matthes PA I.D. No. 67408 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 THE LEGACY BANK, 2600 Commerce Drive Harrisburg, PA 17110, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. CIVIL DIVISION RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, NO. ~///...~-~?~, / ~ Defendant. AFFIDAVIT OF INCOME COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS ! Mark SteJifens, being duly sworn according to law, deposes and says that he is a CFO 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. M"'rl~ ~ e~/'~s~''~:'~D -~/~//~t~ The Leg~,c~ Bank Swor, gxto and Subscribed before me this "(x day of Ogt. pb~er, 2004. 72463.1 " ' tw IJauphi,, Coun,¥ , Susquehaqna R". ,, .... 2,t,'2L~Oe ~ ! My Ccmmi,]slon Ex'_~ 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, RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No. AFFIDAVIT OF NONAPPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT COMMONWEALTH OF PENNSYLVANIA SS CUMBERLAND COUNTY Mark Ste~ns, being duly sworn according to law, deposes and says that he is a CFO of The Legacy Bank; that he is a duly authorized representative of Plaintiff; that the Complaint In Confession Of Judgment does not arise out of a retail installment sale, contract, or account, as defined under the Goods and Services Installment Sales Act, 69 Pa. Stat. Ann. {}1101, et seq.; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. M~' The Le{IAcy B~nk Sworpcto and Subscribed before me this ~ day of Octg~be~ 2004. 72475.1 ! i-~,~squeh3n~a Twp., ru~,,, [;cm'~%~?;r! Expires 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, RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, Plaintiff, COURT Of COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. Defendant. : AVERMENT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA : SS. CUMBERLAND COUNTY : Mark Ste~ns, being duly sworn according to law, deposes and says that he is a CFO of The Legacy Bank, that he is a duly authorized representative of Plaintiff; that the Defendant executed the Guaranty (as defined in the Complaint), true and correct copies of which are attached to the Complaint; that the Defendant is in default under the Guaranty; and that there is $302,614.59 due and owing under the Guaranty~f~,u~g.~ Mark Ste-~n~{ CFO! The Leg~icy Bank Swor~p and subscribed before me this~ ~ day of Octob~, 42004. Notary Public. 72479,1 Susquehanna Twp, Dauphin My Commission Expires TUCKER ARENSBERG, P.C. By: F. Stephenson Matthes PA I.D. No. 67408 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 THE LEGACY BANK, 2600 Commerce Drive Harrisburg, PA 17110, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, CIVIL DIVISION NO. Defendant. AFFIDAVIT OF COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA SS CUMBERLAND COUNTY Mark Ste~ns, being duly sworn according to law, deposes and says that he is a CFO of The Legacy Bank; that he is a duly authorized representative of Plaintiff; that the underlying transaction relative to this Complaint In Confessi.9~,Of Judgment is a commercial transaction to the best of his know~~. Mark Stelll~s, CFC) The Legacy'Bank Sworn to..~ subscribed before m~e this '~' dayc~f October, 2004. Notary Public 72485.1 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, 2600 Commerce Drive Harrisburg, PA 17110, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. CIVIL DIVISION RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, NO. Defendant. VERIFICATION Mark Ste~ns, hereby states that he is a CFO 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 auth( Dated: 72498.1 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, 2600 Commerce Drive Harrisburg, PA 17110, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, : CIVIL DIVISION : NO. ~,~ z,/. ,.~¢,,)~/ ~.~ Defendant. ACT t05 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment, (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 return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. Dated an<~,Served: October ,2004 By Certified Mail Return Receipt Requested TUCKER ARENSBERG, P.C. PA PD. No. 67408 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, The Legacy Bank 72446.1.1 -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, 2600 Commerce Drive Harrisburg, PA 17110, Plaintiff, RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No. 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: Principal balance under the Guaranty dated May 5, 2003 as of August 5, 2004 $300,000.00 Interest through August 5, 2004 2,614.59 $302,614.59' *Together with all late charges and reasonable attorneys' fees as per Guaranty (to be determined).¢~/~~~,/)~ 'P/I~OTHONOTARY ! 72471.1 -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, 2600 Commerce Drive Harrisburg, PA 17110, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, RONALD W. BAER 71 Cold Springs Road Carlisle, PA 17013, CIVIL DIVISION NO. i~/'/' ,.~9 / 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. 72467.1