Loading...
HomeMy WebLinkAbout12-5244 ' CAF PRA-Q~F~~~ ~Ty~NQ ;I;, 1~JZ,~Ua 22 ~ c BARLEY SNYDER LLP Pt prt',~~ Y~ ~ QU,~d j William C. Colby, Jr., Esquire ~"a~~l{.~ 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. CNIL ACTION -LAW TIMOTHY A. CLARK t L ` ~ De endant No. _!j p~ ~I ~ ~ 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 appear 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 lat fees, and costs of collection. BARLEY SNYD L By: William F. o y, Jr., E ire Troy B. Rider, Esquire 6~ Q~ Q'N~~t Ck.~ , 3a4~ y 3649967 '2{k ~ • ~.O " ~I~d N~fi iF~~'f~i~T~yp~p~'AF~'f ~`'~'!1 ~9 =~ll~t~c~(,ANt~ ~~~NT ~~~'~rYL"~A~~A 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 TIMOTHY A. CLARK / De endant No. ~ 'Z _ ~ ' ° ~ ~7C s 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. The Defendant, Timothy A. Clark, is an adult individual with last known addresses of 1401 English Drive, Mechanicsburg, PA 17055 and 2250 Millennium Way, Enol , PA 17025. 3. On November 17, 2008, for value received, in connection with a commercial to , and not a consumer transaction, Central Pennsylvania Pulmonary Associates, LLC (the "Business"), issued to the order of, and delivered to the Plaintiff a certain Promissory Note (``Note"), pursuant to which the Business promised to pay the Plaintiff the principal amount of One Hundred Thousand Dollars ($100,000.00), plus interest and late fees thereon as therein 3649967 provided. A true and correct copy of the Note is attached hereto, made a part hereof, and mark d Exhibit "A." 4. As security for the payment and performance of the obligations of the Business under the Note, the Defendant executed and delivered to the Plaintiff a certain Commercial Guaranty (the "Guaranty"), dated November 17, 2008; a true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "B." A true and correct copy of the Disclosure for Confession of Judgment is attached hereto, made a part hereof, and marked Exhibit "C". 5. The Business is in default because the Business has failed, refused, and continu s to fail and refuse to pay the amount due Plaintiff as demanded by Plaintiff under and pursuant t the Note. 6. As a result of the default of the Business under the Note, the Plaintiff enters judgment against the Defendant. 7. Judgment has not been entered on the warrant of attorney contained in the Guaranty in any jurisdiction. 8. The Guaranty has not been assigned, and the Plaintiff remains the holder hereo 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. An itemization of the amount due and owing to the Plaintiff by the Defendant under the Guaranty, as of August 9, 2012, is 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 3649967 2 i 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. 11. The warrant of attorney contained in the Guaranty provides for confession of judgment against the Defendant for the amounts itemized as set forth in Paragraph 10 above. WHEREFORE, the 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 Nine - five 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 SNYD LL By: William F. C by, Jr., Esquire Troy B. Rider, Esquire Attorneys for Plaintiff 3649967 3 l ~13UI9111Sa0r~Y N~DTE Loan No: 4-65$2 I]COnxlnued)Page 2 ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone ease to help collect this Note if Borrower does not pay. Borcower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal a nses, whether or not there is a lawsuit, including reasonable attorneys` fees, expenses for bankruptcy proceedings {induding efforts to odify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also wilt pay any court costs, in a dition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in 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, tfi laws of the Commonwealth of Pennsylvania without regard to its conflicts of haw provisions. This Nota has been accepted by Lend r in the Commonweahh of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the exten# permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender bather checking, savings, or some other account). Thla includes all accounts Borrower holds jointly with someone else and all accounts Borco er may open in the future. However, this does not include any IRA or Keogh accounts, or arty trust accounts for which setoff would be proh "led by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness ag inst an and all such accounts. y SECURITY. Alt collateral {as herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the ayment, performance and discharge of alj other presets or future indebtedness, obligations and undertakings (whether individual, joint, severe , direct, contingent or otherwise) of the Borrower to or far the benefit of Lender, whether arising directly to Lender under this Nate or under y other agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term "C (lateral" includes all tangible and intangible property li) described in any mortgage, pledge, assignment or other security document separately ex cured in favor of Lender, and (ii) in which a security interest has been granted to Lender pursuant to this Note. CROSS COLLATERALIZE/CROSS DEFAULT. This loan will be cross-coNateralized/cross-defauhed with all other loans from Borrower, any of Borcower's related entkies, to Lender. If at any time there is a default under this loan, all loans will be considered in defauh and all o nding amounts under the loans will be immediately due and payable in full. A defauh in one loan shall constitute a default in all atfiers. 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 beneftt of Lender and its successors and assigns. GENERAL PROVISIONS. If any part 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 los(ng them. Borrower and any other person who signs, guarantees or ndorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the ter of this Note, end unless otherwise expressly stated in writing, no parry who signs this Note, whether es maker, guarantor, accommodation ken or endorser, shall be released from Bability. All such parties agree that Lender may renew or extend (repeatedly and for any length of ti e} this loan a release any party or guarantor or cagaterel; or impair, fail to r®alize upon or perfect Lender's security interest in the coflateraf; nd take any other action deemed necessary by Lender without the consent of or notice to anyone. AA such parties also agree that Lender ma modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under is Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not 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 FlLED, CONFESS OR ENTER JU MENT AGAINST BORROWER FOfl THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUE15 INTEREST, LATE CHARGES AND A AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH OSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OFTEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE ANO ACCRUED INTERE T FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (4500) ON WHICH JUDGMENT OR JUDGMENTS NE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFlED BY AFFIDAVIT SHALL BE SUFFlQENT 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 TO TIME AND AT ALL TIMES UNTIL PAY ENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES 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 SPECIFlGALLY CALLED THIS CONFESSION OF JUDGMENT PROVIS)ON TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECE{PT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE 1S GIVEN UNDER SEAL AND iT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFEC OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CENTRAL PENNSYLVA,NI PU NARY ASSOCIATES, LLC BY=~ {Seal) ~?"enothy bar ~ ' tral Pemrrs is - ;~rrim es, LLC _ PROMI~~O~iY NOTE L•oen No: 46582 (Continued) 'Page 3 LENDER: GRAYS70NEB NK X Minta e, Vice Pr b usa reo ~.eetp, v.. e.a.mau~ Caor. ~iwrne llentl~i 7et~manR hw u17, 700E a M~bllwwA. . M uW+..m~cmvlwmac 714t47b swe _ _ _ _ _ ~ 'OMMERCIAL GUARANTY Borrower: Central Pennsylvania Pulmonary Associates, LLC lender: GRAYS70NE BANK 2250 M~ennium Way Capita! Region Enola, PA 17025 112 Market Street Harrisburg, PA 17101 Guarantor: Timothy A. Clark 9 Sand Pine Court Mechanicsburg, PA 17055 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unca ditionalry guarantees full and punctual payment and satisfaction of the indebtedness of Borrower to Lender, and the performance and disch ge of all Borrower's obligations under the Nate and the Related Documents. This is a guaranty of payment and performance and not of coil coon, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else ob igated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guatranty of the Indebtedness. uerantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without et-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this uaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time a d at any one ar more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, r asonable attorneys' tees, arising from any and all debts, liabilities and obligations of every nature or form, new existing or hereafter arising or acquired, that Borrower individually or coNectivaly or irrterchangeably with others, owes or will owe Lender. "Indebtedness" includes, without mitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any int rest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and li ilities of Borrower, and any present or future judgments against Borrower, future advances, )owns or transactions that renew, extend, modify, efinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involurttarily incurred; due or to become du by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; d'aect or indirect; primary or sec ndary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a nag liable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for a y reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra titres or otherwisel; and origin ed then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties ftom Guarantor, Lender's rights under all aranties shah be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other g aranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties CONTNIIUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE LL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXIS ING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE N THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY F R ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lend r, or any notice to Guarantor or to Borrower; and wilt continue in full force until sit the Indebtedness incurred or contracted before receipt by ender of any notice of revocation shalt have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty hall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed Yo Lender, by certified mall, at Lender's address listed above or such other place as lender may designate i writing. Written revocation of this Guaramy will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written r ovation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "new Indebtedness" does not include a!I or part of the Indebtedness that is: incurred 6y Borrows prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substituticr+s, and modifi ations of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrato or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the sa a effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor nder this Guaranty. A revocation Lender receives from any one or mare GUerentOla shell not affect the liability of any remaining Guarantors nder this Guaranty. his arrticipated that fluctuations may occur ~ the aggregate amount of the Indebtedness covered by this Guaranty, and uarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ISO.00), shag not co stiprte a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's hews, successors and assigns so bng as y of the indebtedness remaats unpaid and even ffiough the Indebtedness may from time to time be zero dollars {50.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without once or demand and withaui lessening Guarantor's 98bi6ty under this Guaranty, from lima to time: (A) prior to revocation as set forth above to make one or more additional secured or unsecured loans to Borrower, to [ease equipment or other goods to Borrower, or otherwise o extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time fo payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of inters on the Indebtedness; extensions may be repeated and may ba for longer than the original loan term; IC} to take and hold security for the p yment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such sec city, with or without the substitution of new collateraE; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower' sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; IE} to determine how, when and what applcation of payments and credits shalt be made on the Indebtedness; IF) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale, permitted by the terms of the controlling security agreement or deed of trust, as Lender in its lactation may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or tra afar this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no represent lions or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this G aranty is executed at Borrower`s request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this uaranty; (D) the provisions of this Guaranty do not conflict with or result in a defauh under any agreement or other instrument binding upon uarantor f~~I~~BIT B ) COMMERCIAL Gl.lARANTY Loan No: 4-6582 (Co117t7nUed F~age 2 and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guararttor has not and will not, ithout the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantial all of Guarantor's assets, or any irrterast therein; {F) upon Lender's request, Guarantor wilt provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be pro 'dad to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; {G) no material adverse change has occurred in Guarantor's financial condition since the date of the mo recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial conditi n; (H) no litigation, claim, investigation, administrative proceeding or similar action lincluding those for unpaid taxes) against Guarantor is pe ding or threatened; 111 Lender has made no represerrtation to Guarantor as to the creditworthiness of Borrower; and {J) Guarantor has a bushed adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor a rees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks u er this Guaramy, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acq fired by Lender in the course of hs relationship with Borrower. GUARANTOR'S FiNANGIAL STATEMENTS. Guarantor agrees to furnish Lender with the fallowing: Annual Statements. As soon as available, but in no event later than sixty 1601 days after the end of each fiscal year, Guarantor's alance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than sixty (ti0) days after the applicable filing date for the tax reportin period ended, Federal and other governmental tax returns, prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent ba is, and certified by Guarantor as being true and correct. GUARANTOR'S WANERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; IB) to make any presentment, protest, demand, or notice of any kind, including notic of any nonpayment of the Indebtedness or of any nonpeymerrt related to any collateral, or notice of any action or nonaction on the part of B mower, Lender, any surety, endorser, or other guarantor in connection wkh the Indebtedness or in connection with the creation of new or a ditional loans or obligations; ICI to resort for paymerrt or to proceed directly or at once against any person, including Borrower or any other g raptor; (D) to proceed directly against or exhaust any collateral held by Lander from Borrower, any other guarantor, or any other person; tE} to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to com ly with any other applicable provisions of the Unitorm Commercial Cade; (F) to pursue any other remedy within Lender's power; or {GI to co mit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any fights or defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from brin ing any action, including a claim for deficiency, against Guarantor, before or after Lender`s commencement or completion of any foraclosur action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lander which destroys or otherwise adversel affects Guarantor's subrogation rights or Guararor's rights to proceed against Borrower for reimbursement, including without limitation, an loss of rights Guarantor may suffer by reason ofi any law limiting, qualifying, or discharging the Indebtedness; {C) any disability or other de apse of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoev r, other than payment in full in legal tender, of the Indebtedness; ID} any right to claim discharge of the Indebtedness on the basis of u stifled impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lende against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or SF) any efenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. ]f payment is made by B rower, whether voluntarily or otherwise, or by any third parry, on the Indebtedness and thereafter Lender is forced to remit the amount of that ayment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law far the relief of de s, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaran for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserte by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WANERS. Guarantor warrerrts and agrees that each of the waivers set forth bove is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers era reason ble and not Contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable few, Lender reserves a right of setoff in all Guarantor's accounts w' Lender {whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all ccounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff Quid be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, an Lender may apply the funds in these accounts to pay what Guararrior owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TQ GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or h reafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower comes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of B mower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower appl' able to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall k?e first applied by Lender to the Inde edness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or tr stee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full pa ment in legal tender of the Indebtedness. if Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or oblig ions of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. G Grantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation st ements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce ' s rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the p rties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in wr' 'ng and signed by the party or parties sought to be charged or bound by the alteration or amendment. _ _ _ _ _ _ i COMMERCIAL GUARANTY Loan No: 4-6582 (Continued) 'Page 3 Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's r asonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may h' a or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such eniorcement. Costs and xpenses include Lender's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction!, appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be direct d by the Court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or efine the provisions of this Guaranty. GovernMg Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federa taw, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provia'ans. Choice of Venue. !f there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts o Dauphin County, Commonwealth of Pennsylvania. integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor ha had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions nd parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from II losses, claims, damages, and costs (including Lender`s attorneys' fees) suffered or incurred by Lender as a resuh of any breach by Guara or of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the si lar shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one orrower named in this Guaranty or when this Guaranty is executed by more than one GUafeMOr, the words "Borrower" and "G Grantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, su cessors, assigns, and transferees of each of them. !f a court fords that any provision of this Guaranty is not valid or should not be enfo ed, that fact by itself will not mean that the rest of this Guaranty witl not be valid or enforced. Therefore, a court will enforce the r t of the provisions of this Guaranty even if a provision of this Guaranty may be found to ba invalid or unenforceable. It any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender o inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting o act on Lheir behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed der this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in wr' ng, and, except for revocation notices by Guarantor, shall be effective when actually depvered, when actually received by telefacsimil (unless otherwise required by law1, when deposited with a nationalty recognized avemight courier, or, if matted, when deposited in United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this uaranry. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lander as provided in the secti of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving form I written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, uaraMOr agrees to keep Lender informed at all times of Guarantor's currem address. Unless otherwise provided by applicable law, it ther is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to alt Guarantors. No Waiver by Lender.. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in w ' 'ng and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or ny other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise t demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lander and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future tran actions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not onstitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or w' hheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought y either Lander or Guarantor against the other. CROSS COLLATERALIZEICROSS DEFAULT. This loan will be cross-collateralized/cross-defaulted with all other loans from 8orrowa , or any of Borrower's related entities, to Lender. If at any time there is a default under this loan, all loans will be considered in defau and all outstanding amounts under the loans witl be immediately due and payable in full. A default in one loan shall constitute a def ult in all others. DEFINITIONS. The following capitalized words and terms shelf have the following meanings when used in this Guaranty, Unless s cifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words a d terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not erwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Central Pennsylvania Pulmonary Associates, LLC and includes all co-signers and co-maker signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word 'Guarantor" means everyone signing this Guaranty, including without limtation Timothy A. Clark, and in a ch case, any signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means GRAYSTONE BANK, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes andlor credit agreements a idencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, cons lidattons of and substitutions for promissory notes or credit agreements. _ i COMMERCIAL GUARANTY Loan No: 46582 {Continued) 'Page 4 Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, envi onmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other in truments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT NY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTERE T, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECU ING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT f 10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLA ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUA NTY OR A COPY OF THIS GUARANTY VERIFIED BY.AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS G ARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BU SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THI5 GU RANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEAAING IN CONNECTION WITH A Y SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFE SION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUN EL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVgYG READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREE TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S IXEC ON AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED Ml THE MANNER 3 FDRTH IN THE SECTION TfTLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER !.S NECESS/4RY TO MAKE THIS G RANTY EFFECTIVE. THIS GUARANTY IS DATED NOVEMBER 17, 2008. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE TH EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X ~ (Seaq Timothy A. Clark uscn Pxo i.."ena, vor. e.n.w.oo, Cep, wIWM Few~eir 4welbn,. b". 1M. 1aoe. A4 Rgnb Aeo"tl. • PA SiPwnP.1CfIH1LItl0.FC '(R.]!m PME ~ DISCLO_ . :E FOR CONFESSION OF Jl., 1MENT Borrower: Central Pennsyhranla Pulmonary Associates, LLC Lender: GRAYSTONE BANK 2250 Milennium Way Capital Region Enola, PA 17'025 112 Market Street Harrisburg, PA 17107 D@Clarent: Timothy A. Clark 8 Sand Pine Court Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS I ~ DAY OF OD eRt~J ~.L , 20 6~A GUARANTY FOR AN UNLIMITED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMfT LENDER T l7dTER JUDGMENT AGAWST ME IN COURT, AFTER A DEFAULT ON TFIE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND THOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THt3 ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER C THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVIN THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND t DCPRESSLY AGREE AND CO NT TO LENDER'S FALTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION B. f FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT A VANCE NOTICE OR A HEARNG, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT ERHER ADVANCE NOTICE OR A HEARING, TO EXECUTE N THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON. TAKING POSSESSIt?N OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. 1N.EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGEN LY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I IXPRF.SSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING N THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTIC . C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY 1NITIALIN EACH STATEMENT THAT APPLIES. 1 REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFlCALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GU RANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FlLLED IN WHEN I I ITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE t5 AND SHALL CONSTITUTE AND H VE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X i (Seal} Timo A. k LA501 Pq0 Wgo0. Var. l.H.70.OOt Cary. Ha~vq PlnmdN xamona, lim. IBll, 3006 N NIWY Aalarvaa. - PA S:IyroauiblCFl4RlD90.FC TA-3030 PA-B ~EI~E#~B1T C 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. ~ ~Q~ Date: _Tr~~ Lisa Painter 3649967 i k~W~?F € ti+~ f,"C ~~~1 i ~`~QW4T~i~ 1(~t2 AUt; 22 Ply 3Q ~'E~NSYL©AH ~N~`~' BARLEY SNYDER LLP IA 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. CNIL ACTION -LAW TIMOTHY A. CLARK De endant No. _ (Ut 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 last known addresses for the Defendant, Timothy A. Clark are 1401. English Drive, Mechanicsburg, Pa 17055, and 2250 Millennium Way, Enola, PA 17025. Respectfully submitted, BARLEY SNYDE LLP By: Troy ider, Esquire 3649967 ~~fl~~~Nd~A~t't I X012 At1G 22 Ply t: 3 ~ ',~~~ERLAND COUNTY BARLEY SNYDER LLP '~'EHN~ YLVANIA 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. C1V1L ACTION -LAW TIMOTHY A. CLARK De endant No. ~ yy L. • ~ ~ ~ ~ f Gr/''~ NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF Before me, the undersigned authority, personally appeared Lisa Painter, who being duly sworn according to law, doth depose and say that Timothy A. Clark, the Defendant, is not in the Military or Naval Service based on the following facts: Age of Defendant: 43 Last known place of employment: Unknown Last known place of residence: 1401 English Drive, Mechanicsburg, PA 17055 2250 Millennium Way, Enola, PA 17025 as of the date of this Affidavit. U~ t~ Lisa Painter SWO and subs 'bed be ore me this day , 2012. Notary Public COMMONWEALTH OF PENNSYLVANIA Natarlal Seal Devanna Lu9aro, Notary public Swatara Twp., Dauphin County My Commission 6tphes Feb. 22, 2014 Member, PennsYlvanla Assodation ~ Notaries 3649967 ~ ResuOs as of : Aug-09.2f~12 07:22:47 Department of Defense Manpower Data Center ' SCRA 2.3 iii plll'~0~ ~ ~i~iVlC~ ~L1~1~ ~Gl~4`'~, Last Name: CLARK First Name: TIMOTHY Middle Name: Active Duty Status As Of: Aug-09-2012 NA NA. NA Thy r a~ Dee ~ X NA NA This response relleds left Steals Date NA NA Thls response relleds wheU~er Jas.. tBppt for egjye ~(y Upon searohing the data banks of the Department of Defense Man on the information that you provided, the above is the fetus of the individual on the active duty status date as to atl branches of the Uniformed Services (Army, Nary, Marine Corps, Air Force, NOAA, Public Hea ,and Coast Guard). This status includes information on a Servicemember or hisRler unit receiving notification of future orders to report for Active Duty. ree. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 i° ~~f~ Pia NO 0 tA~ 20!2At16 22 Ply I: 32 ~`~M~ERLA~p COUNTY BARLEY SNYDER LLP Y~-~A N1 ~ 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 TIMOTHY A. CLARK 1 ~ _ ~ y v, j De endant No. 1 AFFIDAVIT OF BUSINESS PURPOSE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF ~y~---' Before me, the undersigned authority, personally appeared LISA PAINTER, who being duly sworn according to law, doth depose and say that the Promissory Note and Commercial Guaranty which is the subject matter of this Complaint for Confession of Judgment for money damages was entered into solely for business purposes, and of for the purpose of any personal, household, family or residential uses, as of the date of th idavit. Lisa Painter SWO and subsc ' ed befo a me thi day 2012. COMMONWEALTH OF PENNSYLVAN3A Notary Public Notarial seal Devanna Lugaro, Notary Public Swatara 1Vrp., Dauphin County My Commhsion Expkes Feb. 2 2014 Member, PennsylvaNa Assodatlon of Notaries 3649967 _ T _ 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 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 .Rider, Esquire Attorney for Plaintiff 3649967 SUSQUEHANNA BANK, Successor by COURT OF COMMON PLEAS OF Merger to GRAYSTONE BANK CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION -LAW TIMOTHY A. CLARK De endant No. - S ~ NOTICE (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 o~~-, 2012. (X) A copy of all documents filed with the Prothonotary in port of the within judgment e enclosed. , C..~r Prothonotary Civil Divis n By: If you have any questions regarding this Notice, please contact the filing party: NAME: William F. Colby, 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: Timothy A. Clark ADDRESS: 1401 English Drive, Mechanicsburg, PA 17055 2250 Millennium Way, Enola, PA 17025 3649967