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HomeMy WebLinkAbout12-5241 _ r _ ILr 0-t~F1= iCE ~`~I~ FrOTI~ONO`iA4~'~l ~4~?fi 22 :~5 ~ s ~"Ii?~fOEr~LAND COUNTY F'~Ntd~YLVANIA BARLEY SNYDER LLP William C. Colby, Jr., Esquire Troy B. Rider, Esquire Court LD. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, Successor by COURT OF COMMON PLEAS OF Merger to GRAYSTONE BANK CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION -LAW CENTRAL PENNSYLVANIA nn tt~~l, C~ V l PULMONARY ASSOCIATES, LLC No. ~o~- S d`l ! De endant CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy f which is attached to the Complaint filed in this action, I appeaz for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance $ 36,501.88 Interest to and including 8/9/12 1,012.28 Late Fees 500.00 Other Fees (prepayment penalty) 730.03 Attorneys' Fees 3,751.42 Total $ 42,495.61 Interest continues to accrue at the per diem rate of $8.87 from August 9, 2012, plus late fees, and costs of collection. BARLEY SNYDER L By: William olby, Jr. Esquire Troy .Rider ~ ~ C©~ Attorney for Plaintiff 3~I 3548292 ~ ~ ~ Q i T`,,~, ~ NO~~~ jf z'~J1 ~4I 22 Q~1 JJ: ~ F'~~~SF1'~ AN t11~TY BARLEY SNYDER LLP f.4 William C. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, Successor by COURT OF COMMON PLEAS OF Merger to GRAYSTONE BANK CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION -LAW CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC No. , De endant ~ ~ ~ I ~ ~ COMPLAINT CONFESSION OF JUDGMENT 1. The Plaintiff, Susquehanna Bank, Successor by Merger to Graystone Bank is a banking corporation maintaining an address of 1826 Good Hope Drive, Enola, PA 17025. 2. Central Pennsylvania Pulmonary Associates, LLC (the "Defendant") is a Pennsylvania limited liability company with a registered address c/o Robert Romako, McKonl y and Asbury, 415 Fallow Field Road, Camp Hill, PA 17011, and a business address of 2250 Millennium Way, Enola, PA 17025. 3. On November 17, 2008, for value received, in connection with a commercial, d not a consumer, transaction, Defendant executed to the order of, and delivered to Plaintiff a certain Promissory Note ("Note") pursuant to which the Defendant promised to pay to Plainti the principal amount of One Hundred Thousand Dollars ($100,000.00), plus interest and late 3649951-1 I I i fees thereon as therein provided (the "Note"). A true and correct copy of the Note is attached hereto, made a part hereof, and marked as Exhibit "A." A true and correct copy of the Disclosure for Confession of Judgment is attached hereto, made a part hereof, and marked as Exhibit `B". 4. The Note has not been assigned and the Plaintiff is the owner of the Note. 5. This Court has subject matter jurisdiction over all causes of action under the No e. 6. The Defendant is in default because the Defendant has failed, refused, and continues to fail and refuse to pay the monthly payments from June 23, 2012, and monthly thereafter, due Plaintiff under and pursuant to the Note. 7. The Plaintiff has made a demand upon Defendant for payment under and pursu nt to the terms and conditions of the Note, which the Defendant has failed and refused to pay. A true and correct copy of the demand is attached hereto, made a part hereof, and marked as Exhibit "C". 8. After a default under the terms and conditions of the Note, the Plaintiff may accelerate the full balance due under the Note and declare the entire indebtedness immediately due and payable to Plaintiff without further notice to the Defendant. Plaintiff exercises this option. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. Judgment has not been entered on the warrant of attorney contained in the Note 'n any jurisdiction. 11. An itemization of the amount due and owing to the Plaintiff by the Defendant under the Note, as of August 9, 2012, is as follows: 3649951-1 Principal Balance $ 36,501.88 Interest to and including 8/9/12 1,012.28 Late Fees 500.00 Other Fees (prepayment penalty) 730.03 Attorneys' Fees 3,751.42 Total $ 42,495.61 Interest continues to accrue at the per diem rate of $8.87 from August 9, 2012, plus late fees, and costs of collection. 12. The warrant of attorney contained in the Note provides for the confession of judgment against the Defendant for the entire principal balance owed under the Note, all accru d interest, late charges, together with costs of suit and an attorney's commission often percent (10%) of the unpaid principal balance and accrued interest. WHEREFORE, Plaintiff, prays your Honorable Court to grant judgment in favor of the Plaintiff and against the Defendant in the sum of Forty-two Thousand Four Hundred Ninety-fi e Dollars and Sixty-one Cents ($42,495.61), plus interest at the per diem rate of $8.87, from August 9, 2012, late fees, and costs of collection. BARLEY SNYDE L By: Willi .Colby, Jr., quire Troy .Rider, Esquire Attorneys for Plaintiff 3649951-1 PR~6~l~S~Rlf ~iOT~ BOrtower: Central Pennsylvania Pukonary Associates, LLC Lender: GRAYSTONE BANK ~ 2250 Milanntum Way Capital Region F.nola, PA 17025 t 12 Market Street Harr~sbtrrg, PA' 17101 Principal Amount: 5100,000.00 Date of Note: November 1 , 2008 PROMISE TO PAY. Central Pennsyhratria Pulmonary Associates. LLC ('Borrower") promises to pay Lo (iRAYSTONE BANK ("Lender"), or order, in lawful nroney of the United States of America, the principal amount of One Hundred Thousand iQr 00/100 DolFara 13100,000.00) together with irrbersst on the unpaid prktc~ai balance from November 17, 2008, calculated as descrq~ed in the 'ri11TEREST CALCULATION ETHOD" paragraph using an irrtdrsst rats of 8.7b0% per arxwm based on a year of 360 days, anti paid in fuq. The interest rate may change odor the terms and conditions of the "INTEREST AFTER DEFAULT' section. PAYMENT. Borrower w>8 pay this loan in 59 payments of 52,069.44 each payment and an irre~lar last payment estimated at 9 ,069.69. Borrower's ffxsi payment b due December 17. 2008, and aq subsequent payments are due on the same day of each month r that. Borrower's final payment w~ be due on November 17, 2013, and w~ bs fw aN prmcipal and aq accrued irrtereat not yet paid. Paymen brckrde principal end Trrtmest. Urtleas otherwise agreed or required by appBcabls Mw, payments wiq be appAsd first to any accrued unpaid int est; then to prktctpal; then to any late charges; and then tD any unpaid cogection costs. Borrower will pay Lender at Lender's address shown ova or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD. kiterest on this Note 1s computed on a 365!360 basis; that is, by applying the ratio of the 4rt set rate over a year of 360 days, mukipred by the outstanding principal balance, multiplied by the actual number of days the principal lance fs outstanding. Ai interest payabN under thb Note is computed using this method. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the data of the loan and will not be subject to refund upon early peymerrt (whether volurrtary or as a result of defeutt), except as otherwise required by la Upon prepayment of this Note, Lender is entitfsd to the folowing prepayment penalty: A prepayment fee wit be charged if the Note is p epaid, in whop a in part, during the fixed rate period. The fee wil be calculated at two percent (2%1 of the principal amount prepaid. Exc t for the foregoirry, Borrower may pay aq or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, repave Borcower of Borrower's obligation to continue to make paymerrts under the payment schedule. Rather, early pay ants wi0 reduce the principal balance due and may resuh in Borrower's making fewer payments. Borrower agrees not to send Lender payma marked 'paid in full", "without recourse', or simian language. If Borrower sends such a payment, Lender may accept it without losing any o Lender's rights under this Note, and Borrower wil remain obligated to pay any further amourrt awed to Lender. All written communications c nceming disputed amounts, including any check or other paymerrt instrument that indicates that the payment constitutes 'paymerrt in full" oft amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be marled or de eyed to: GRAYSTONE BAND, 112 Market Street Harrisburg, PA 17101. LATE CHARGE. If a payment Ls 15 days ar more late, Borrower wil be charged 10.000% of the regularly scheduled payment or 250.00, wiichever is greater. INTEREST AFTER DEFAULT. Upon default, induding failure to pay upon final maturity, the interest rate on this Nate shall be increased y 2.000 percentage points. if judgment is entered in gonnectiwr with this Note, interest wiq continue to accrue after the date of judgment at t e rate in effect at the time judgment is entered. However, in no everrt will the imerest rate exceed the maximum interest rate limitations under pplicable law. DEFAULT. Each of the following shall constitute an event of default ('Evens of Default") under this Nate_ Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fags to comply wkh or to perform any other term, obligation, covenant or condition comained in this ote or in any of the related documents or to comply with or fo•perform any term, obligation, covenant or condition contained in any other a reement between Lender and Borrower. . False Statements. Any warranty, representation or statement made or famished to Lender by Borrower or on Borrower's behalf nder this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or taco es false or misleading at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdr ws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of orrower, the appoiMmerrt of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under arty bankruptcy or insolver~y laws by or against Borrower. Creditor or Forfeittus Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, elf-help, repossession or any other method, by any creditor of Borrower or by any govemmerrtal agency against any collateral securing loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of K shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the editor or forfeiture proceeding and if Borrower gives Lender written notice of the crednor ar forfeiture proceeding and deposits with Lender colas or a surety bond for the creditor or forfeiture proceeding, in an amourrt determined by Lender, in its sole discretion, as being an dequate reserve or band for the dispute. Events Affecting tiuararrtor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedne or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the Ind edness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condkion, w Lender believes the prospect of pa nt or performance of this Note is impaired. Cure Provisions. It any default, other than a default in paymerrt )s curable and if Borrower has not bean given a notice of a tree h of the same ,~ravision of this Note within the Ireceding twelve (12) months, it may be rxued if Borrower, after receiving written no ice from Lmndei demanding cure of such defauh: i 1) cures tt?e default within fifteen 115) days; or (2) if the clue requires more than f" n 115) days, anmediately initiates steps rnfiich LRnder deems En LendePs solo dw9cretfon to be sufficient to cure the default and reaftar continues and completes all';-easonable arxf necessary strpc sufficient to produce sompgance as soon as reasonably practical. LENDER'S RIGHTS. ~'Pce defauh, Lender .»ey, otter giving ;uch ~tiotices as required 'w applicable law, declare the entire unpaid principal `;Alar.::~ !nde~ :r!is ?irre,and ~~ll sceruea unpaid 'n'Prsst imm~.7iately :due, 3;td then :iorr~aver ~Nill ;toy that amrwnt. ~H~~B 1T A T _ _ _ _ PROMISSORY NDTE Loan No: 4-6582 (Continued) Page 2 ATTORNEYS' FEES; F.XPENSF.S. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrowe wilt pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal xpenses, whether or not there is a lawsuit, including reasonable attomeys' fees, expenses for bankruptcy proceedings (inGuding efforts to odify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also wiN pay any court costs, in a dition tc all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any dry trial M any action, proceeding, or counterclaim brought by eith r Lender or Borrower against the other. GOVERNING LAW. This Note wil bs governed by federal law applicable to Lender and, to the extent not preempted by federal law, th laws of the Commonweeltlt of Pennsyvanfa without regard to its conflicts of !aw provisions. This Note has been accepted by Lend r in the Comrnonwglth of Permsyhrania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphi County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and a!I accounts Borr war may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accourrts for which setoff would be pro bited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness ag inst any and all such accounts. SECURITY. All collateral (as herein defined) is security for this Note and any renewals, extensions and nwdifications thereof, and the ayment, performance and discharge of all other present or future indebtedness, obligations and undertakings (whether indiveduaE, joint, sever 1, direct, contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under ny other agreement, promissory note or undertakings now existing or hereinafter erttered into by the Borrower to the Lender. The term "C lateral" includes ail tangible end intangible property li) described in any mortgage, pledge, assignment or other security document separately ex ed in favor of Lender, and (iD in which a security interest has been grarrted to Lender pursuant to this Note. CROSS COLLATERALIZE/CROSS bEFAULT. This loan will be cross-collateralized/cross~efauhed vetch all other loans from Borrower, any of Borcower's related entities, to Lender. If at any time there is a default under this loan, all bans will be considered in default and alto nding amounts under the loans will be immediately due and payable ir? full. A defauh in one loan shall constitute a default in all others. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal represe tatives, successors and assigns, and shell inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any pert of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay r forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guararrtees or ndorses this Nate, to the extent allowed by taw, waive presentment, demand for payment, and notice of dishonor. Upon any change in the t s of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether es maker, guarantor, accommodation aker or end~aer, shall ba released from Gaability. Ail such parties agree that Lender may renew or extend (repeatedly and for any length of e) this loan or release any party or guererrtor or co9aterel; or anpair, fail to realize upon or perfect Lender's security interest in the collateral- nd take any other action deemed necessary by Lender without the conserrt of or notice to anyone. AB such pansies also agree that Lender ma modify this ben without the consent of or notice to anyone other than the party with whom the modification is made. The obligations urx~r is Note are joirrt and several. It any portion of this Note is for any reason determined to be unenforceable, it will nor affect the enforceabil of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY 0 THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT A TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JU MENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND A AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OFTEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTER T FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (6Ei00) ON WHICH JUDGMENT OR JUDGMENTS NE OR MORE IXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL OT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME 70 TIME AND AT ALL TIMES UNTIL PAY ENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE 0 TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF ENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVI510N TO BORROWER'S ATTENTION OR BORROWER HA BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THfS NOTE, BORROWER READ AND UNDERST000 ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEfPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND tT IS INTENDED THAT THIS NOTE LS AND SHALL CONSTITUTE AND HAVE FHE FJ~E OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CENTRAL PENNSYLVAN PU ONARY ASSOCIATES, LLC By: ~ lSeap T~thY bar ntral Pennsyvania Patin o ~ es,LLC PROMISSORY NOTE Loan No: 4-6582 (Continued) I Page 3 LENDER: GRAYSTONF K X Minta e. Vice id uWt nw ~+na. vw. a.a.aaw Caw. n.ane wrwrlaYw.w Ma. qa, uw. w wp~s e.rwa. . M ulgew~TtRWa0.cL *n-7520 rwe _ _ _ _T - _ DISCLO~ RE FOF~ CONFESSION OF Jl ~MENT Declaraltt: •Centrai Pennsylvania Pulmonary Associates, LLC LBllder: GRAYSTONE BANK 2260 MiNennium Way Capital Regan Enola, PA 17025 112 Market Street Harrisburg, PA 17101 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 1 -DAY OF GU D U gyp? ~zo~.C_ . 2 lj A PROMISSORY NOTE FOR 9100,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION TIfAT WOU PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE N TiGE TD DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN ELUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND Tp A HEARING TO CONTEST THE VA DiTY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, 7HE UNDERSIG ED, ON BEFIALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY GHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S E TERING JUDGMENT AGAINST DECLARANT SY CONFESSION AS PROVIDED FOR IN THE CONFESSK)N OF JUDGMENT PROVISION. B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TD ENTER JUDGMENT GAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO C TAWS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEA ING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLAAANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN tDCECUTIIUG THE NOTE, BEING FULLY A ARE OF DECLARANT'S RIGHTS TD ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTE1LIGENTLY AND VOLLINTAI#LY WAIVI THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S 1MMEDL4TELY EXECUTING ON THE JUDG ENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WTfHOUT GIVING DECLARANT ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INETIALI G EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. bECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION ITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFF.SS{ON OF JUDGMENT PROVISION IN THE OTE TD DECLARANT'S ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND H VE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: CENTRAL PENNSYLV IA OVARY A ClATE5, LLC BY~ ISeal) Timo C ber of Central Pennsyhrania Pulm A I tes, LLC USfiA PRO landirq, Vr, 6.41.20.001 Cap. /1„Wd Rnw~cil Solutlena. Inc, 1667, 1006. N RIOhn Rw.wd. - PA 11psrRdCR1W030PC iR.2yy0 P,Ft ~f:~B1T ~ i Central Pennsylvania Pulmonary Associates, LLC Juky 18, 2012 Page 2 i The Lender hereby demands thaf you pay the amounts set forth by cert~ed check, cashier's check or wire transfer by August 2, 2012. Funds should be directed to Susquehanna Bank, 1826 Good Hope Road, Enola, PA 17025, Attn: Lisa Painter. Nothing in #his letter should be deemed an agreement by the Lender to forbear i from enforcing any rights or remedies available to it under the Loan Documents or ~ applicable law. The Lender reserves all of its available rights and remedies. Moreover, acceptance by the Lender of payment of less than the ful{ amount due under the Loan Documents shall not constitute a waiver of the demand for payment of all amounts due, or any of the rights available to the Lender under the Loan Documents or applicable law. Susquehanna Bank -1 , By: G' • s-~ ~ Lisa Painter VP, Loan Workout Officer OREO/Workout Depar#ment Phone: (717) 724-4605 I i VERIFICATION Lisa Painter verifies that she is the Loan Workout Officer of Susquehanna Bank, Plaintiff in the within matter, that she is authorized to execute this Verification on its behalf, and that the facts set forth in the within Complaint are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~(/j Q ~~',~:.~X-L~IJtJ Lisa Painter 3649951-I i ;!i-~-J-Orc=Gt r~JTHONOTAF ?BIZ 22 A~ I! ~ 56 ''t~r~9O~RL~;ND COUNTY ~~NN~YLYANtA BARLEY SNYDER LLP William C. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, Successor by COURT OF COMMON PLEAS OF Merger to GRAYSTONE BANK CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION -LAW CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES LLC No. o~"" u ~ I De endant CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, Troy B. Rider, Esquire, Attorney for the Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follow The address of the Plaintiff, Susquehanna Bank, is 1826 Good Hope Drive, Enola, PA 17025. 'The registered address for the Defendant, Central Pennsylvania Pulmonary Associates, LLC, Inc. is c/o Robert Romako, McKonley and Asbury, 415 Fallow Field Road, Camp Hill, P 17011 and the business address is 2250 Millennium Way, Enola, PA 17025. Respectfully submitted, BARLE LL By: Troy B. Ri ,Esquire Attorney for Plaintiff 3649951-1 _ ~~12 at~'~ 22 ~~~1 I I: 57 'UF1gER~ANp COUNTY ~ ~'~~d~lSY~VAFIIA BARLEY SNYDER LLP William C. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, Successor by COURT OF COMMON PLEAS OF Merger to GRAYSTONE BANK CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION -LAW CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC No. ' ~ _ ~ ~ 1 ~ f De endant NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC DATE: August ~o~ 2012 A judgment in the amount of $42,495.61, plus interest at the rate per day rate of $8.87 from August 9, 2012, continuing late fees, and costs of collection has been entered against you and in favor of the Plaintiff, Susquehanna Bank, without any prior notice or hearing based on confession of judgment contained in a written agreement or other paper allegedly signed by yo . The sheriffmay take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE 3649951-1 JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYE . IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 Respectfully submitted, BARLEY SNYDER LLP By Willi .Colby, Jr., Esquire Troy B. Rider, Esquire Attorney for Plaintiff 3649951-1 SUSQUEHANNA BANK, Successor by COURT OF COMMON PLEAS OF Merger to GRAYSTONE BANK CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION -LAW CENTRAL PENNSYLVANIA sa`~ f C~'ul ~ PULMONARY ASSOCIATES, LLC No. De endant (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $42,495.61, on August aa', 2012. (X) A copy of all documents filed with the Prothonotary in support of the within judgment e enclosed. _ ~ Prothonotary Civil Division By: If you have any questions regarding this Notice, please contact the filing party: NAME: William F. Colby, Jr. Esquire Troy B. Rider, Esquire Barley Snyder LLP ADDRESS: 50 North Fifth Street P.O. Box 942 Reading, PA 19603 TELEPHONE:(610) 376-6651 (This Notice is given in accordance with Pa.R.C.P.236.) NOTICE SENT TO: NAME: Central Pennsylvania Pulmonary Associates, LLC. ADDRESS: c/o Robert Romako, McKonley and Asbury, 415 Fallow Field Road, Camp Hill, Pa 17011 ADDRESS: 2250 Millennium Way, Enola, PA 17025 3649951-1