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Home My WebLink About13-0099ORIGi1,.1L BARLEYSNYDER Donald R. Leiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 i1~ THE PR41~'HON~t3TAF~Y 2013 JAN -7 AM E=t: 33 CtIMBFR~,ANQ CaItNTY PENNSY~,VAN1A Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FRANCIS HENRY HEALTH CENTER, LLC, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~_ No. l3 - 44 . t v ~ ~ ~ ~-~ CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney in the Guaranty executed by Defendant in favor of Plaintiff, a true and correct copy of which is attached to the Complaint filed in this action as Exhibit "B" and which is incorporated herein by reference, I hereby appear for Defendant, Francis Henry Health Center, LLC, and confess judgment for money damages in favor of Plaintiff and against Defendant as follows: Principal ................................................................... Interest through 12/5/2012 at a rate of $19.23 per diem .................................................. 10% Attorneys' Fees ................................................. Late Fees ................................................................... Total .......................................................................... 3770134-1 $278,349.96 .... 28,117.03 .... 30,646.70 .... 10,280.84 .... $347,394.53 ~'ti~ .av ~L~~. f C~ ,c~~9y7 Rte` o7$YgL7~ • l ORIGINAL ,- ,ROTHONO iAl; BARLEY SNYDER Donald R. Geiter, Esquire ^tip f OCT l 8 PM ' Court I.D. No. 202629 126 East King Street itIBE �-� � �� Attorney for Plaintiff Lancaster, PA 17602 E X15 LEA i Fulton Bank, N.A,formerly 717.299.5201 known as Fulton Bank FULTON BANK, N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION— LAW v. No. 13-99 Civil Term FRANCIS HENRY HEALTH CENTER, LLC, Defendants PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) Directed to the Sheriff of Dauphin County,Pennsylvania; (2) against Francis Henry Health Center, LLC, defendant; and (3) against N/A ,Garnishee; (4) and enter this writ in the judgment index (a) against Francis Henry Health Center,LLC, defendant and (b) against , as garnishee, as a lis pendens against real property of the defendant in the name of garnishee as follows: (5) Direct the Sheriff to levy upon and schedule a sale date on the following: C(41�, , Any and all personal property, including but not limited to all inventory, all SO a equipment, all tools, all furnishings, all motor vehicles and all other personal �V•0� eF property of Defendant located at 845 Sir Thomas Court, Suite 6, Harrisburg, -�� .56 # Q PA 17109. 'as d, 4087446-I to/q 3so 7O R# 2 q)oW Wrd- of Ey Led (6) Amount due: $347,394.53 Interest from December 5, 2012 (Costs to be added) plus interest after December 5, 2012 at a rate of$19.23 per diem, continuing late charges and costs of suit. CERTIFICATION I certify that: (a) This praecipe is based upon a judgment entered by confession; and (b) Notice will be served with the Writ of Execution pursuant to Rule 2958.3. BARLEY SNYDER Dated: I0-0_ 13 By: r} Donald R. Geiter, Esquire Attorneys for Plaintiff Court I.D. No. 202629 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-99 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due FULTON BANK, N.A.,FORMERLY KNOWN AS FULTON BANK Plaintiff(s) From FRANCIS HENRY HEALTH CENTER,LLC,845 SIR THOMAS COURT,SUITE 6, HARRISBURG,PA 17109 (1) You are directed to levy upon the property of the defendant(s)and to sell ANY AND ALL PERSONAL PROPERTY,INCLUDING BUT NOT LIMITED TO ALL INVENTORY,ALL EQUIPMENT,ALL TOOLS,ALL FURNISHINGS,ALL MOTOR VEHICLES AND ALL OTHER PERSONAL PROPERTY OF DEFENDANT LOCATED AT 845 SIR THOMAS COURT,SUITE 6,HARRISBURG,PA 17109 (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$347,394.53 Plaintiff Paid$ Interest FROM DECEMBER 5,2012 AT A RATE OF$19.23 PER DIEM,CONTINUING LATE CHARGES AND COSTS OF SUIT. Attorney's Comm. % Law Library$.50 Attorney Paid$74.50 Due Prothonotary$2.25 Other Costs$ Date: 10/18/13 I' J14LteLJi David D.Buell, Prothonotary Deputy REQUESTING PARTY: Name : DONALD R.GEITER., ESQUIRE Address: BARLEY SNYDER 126 EAST KING STREET LANCASTER,PA 17602-2893 Attorney for: PLAINTIFF Telephone: 717-299-5201 Supreme Court ID No. 202629 plus continuing interest after December 5, 2012 at a rate of $19.23 per diem, plus continuing late charges and costs of suit. BARLEY SNYDER ~ ~~~ Date: ~ ' a" ~ ~ By: `~~L2X.--~ v Donald R. Geiter, Esquire Court LD. No. 202629 Attorneys for Defendant 126 East King Street Lancaster, PA 17602-2893 717.299.5201 3770134-1 ORIGINAL FIt~L'~-i~FFEC. ~:'~° TkL PROTNO?d0iiaf;Y 1013 JAN -7 AM [I : 33 C~IMBERLANU C~UN~TY PENNSYLVANIA BARLEY SNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FRANCIS HENRY HEALTH CENTER, LLC, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. - ~l U ~ C,~~- -l COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, files this Complaint pursuant to Pa. R.C.P. §2951 for judgment by confession and avers the following: 1. Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank ("Fulton"), is a national banking association with a principal location of One Penn Square, PO Box 4887, Lancaster, Pennsylvania 17604. 2. Defendant, Francis Henry Health Center, LLC, is a Pennsylvania professional limited liability company with a registered office address of 845 Sir Thomas Ct., Suite 6, Harrisburg PA 17109. 3770134-1 3. On or about September 9, 2005, in connection with a business loan, David A. Wait (the "Borrower") executed and delivered to Plaintiff a Promissory Note (the "Note") in the amount of $150,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated by reference. 4. On or about November 14, 2005, Defendant executed and delivered to Fulton a Commercial Guaranty (the "Guaranty"), by which Defendant agreed to unconditionally guaranty and become surety to Fulton for all amounts owed to Fulton by Borrower. A true and correct copy of the Guaranty is attached hereto as Exhibit "B" and incorporated by reference. 5. The Guaranty authorizes confession of judgment against Defendant for all amounts due under the Guaranty plus continuing interest, costs of the proceeding and an attorneys' commission often (10%) percent of the unpaid principal balance plus accrued interest for collection, but in any event not less than $500, plus the cost of any legal proceedings. 6. As of December 5, 2012, there remained due and owing from the Borrower an unpaid balance as follows: Principal ....................................................................... $278,349.96 Interest through 12/5/2012 at a rate of $19.23 per diem ...................................................... 28,117.03 10% Attorneys' Fees ..................................................... 30,646.70 Late Fees ....................................................................... 10,280.84 Total .............................................................................. $347,394.53 plus continuing interest after December 5, 2012 at a rate of $19.23 per diem, plus continuing late charges and costs of suit. 7. Defendant has failed to pay all amounts owing from the Borrower after such amounts became due, as required under the Guaranty. 3770134-1 8. Fulton has demanded payment of the amounts owed from Defendant under the Guaranty, but Defendant has failed and/or refused to pay the same. A true and correct copy of the demand letter is attached hereto as Exhibit "C" and incorporated by reference. 9. The Guaranty has not been assigned. 10. No prior judgment has been entered on the warrant of attorney contained in the Guaranty in any jurisdiction. 11. Judgment is not being entered by this Complaint against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, demands judgment against Defendant, Francis Henry Health Center, LLC, in the total amount of $347,394.53, consisting of a principal amount of $278,349.96, interest through December 5, 2012 in the amount of $28,117.03, attorneys' fees in the amount of $30,646.70, and late fees in the amount of $10,280.84, plus continuing interest after December 5, 2012 at a rate of $19.23 per diem, plus continuing late charges and costs of suit. Date: ~' a r BARLEY SNYDER Donald R. Geiter, Esquire Court LD. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 717.299.5201 3770134-1 VERIFICATION Fulton Bank v. Francis Henry I, JAMES PESAVENTO, Vice President, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. '~.,'4 f __...,. 7 Dated: /_Z-//G //'Z_. ~ ._.._____ ~--~---~ -_--~..~, ,. `'~,,~ James Pesavento 3770134-I EXHIBIT ~~A" ii~iuuwu~nn~i PROMISSORY NOTE BOrfoWer' David A. Wait Lender: Futon Benk 1103 Bridge Street New Cumberland Office New Cumberland. PA 17070 Corporate Address One Psnn Square Lancaster, PA 17602 Principal Amount: S 150,000.00 Date of Note: September 9, 2005 PROMISE TO PAY. David A. Wait ("Bortower") promises to pay to Futon Benk ("Lender"i, or order, in lawful money of the United Stelae of America, on demand, the principal amount of One Hundred Fifty Thouaend & 001100 boilers (3150,000.00) or so much ea may bs outstarding, together with interest on the unpaid outstanding principal balance of each advance. Interest shell be calculated hom the date of aech advance urtte rspaymerrt of aech advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. Borrower will pay regular monthly paymeMa of aN accrued unpaid iMereat due es of each payment date, beginning October 1, 2005, wkh ell subsequent interest payments to ba due on the same day of aech momh after that. Unless otherwise agreed or required by epplicsble law, payments wie be applied first to any accrued unpaid interest: then to principal: then to any late charges; and then to any unpaid collection costa. Tha annual kttsrest rate for this Note is computed on a 3651360 besia; that Is, by applying the ratio of the annual interest rate over a year of 360 dsya, multiplied by the outstanding principal balance, muhipged by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's eddreas shown above or et such other place ss Lender may designate in writing. VARIABLE INTEREST RATE. Tha interest rate on this Note is subject to change from time to time based on changes in en index which is the Fulton Bank Prime Rate (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans end is set by lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rata upon Borrower's request. The interest rate change will not occur more often then each day. Borrower understands that Lender may make loans based on other rates as well. The interest rata to be applied to the unpaid principal balance of this Note will be at a rata of 1.500 percentage points over the Index. NOTICE: Under no circumstances will the interest rate on this Note be more then the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that ell loan fees and other prepaid finance charges are earned fully as of the date of the loan end will not be subject to refund upon early payment (whether voluntary or as a result of defeultl, except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borcower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, end Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicetea that the payment constitutes "payment in full" of the amount oweti or that is tendered with other conditions or Iimitetiona or es full satiafection of a disputed amount must be mailed or delivered to: Fulton Bank, New Cumberland Office, Corporate Address, One Penn Square, Lancaster, PA 17602. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 5.000% of tits unpaid portlon of the regularly scheduled paymsrrt. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days after Lender's demand, Borrower also wiM bs charged 5.000% of the unpaid pordon of the sum of the unpaid principal plus accrued unpaid imarest. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable Interest rata on this Note to 6.500 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the Interest rate applicable to this Note et the time judgment is entered. LENDER'S RIGHTS. Upon Lender's demand, Lender may, after gluing such notices es required by applicable law, declare the entire unpaid principal balance on this Note end ell accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone aloe to help collect this Nate if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under epplicsble law, Lender's attorneys' fees and Lender's legal expenaea, whether or not there is a lawsuit, including attorneys' fees, expensae for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunctionl, end appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender end Borrower hereby waive the right to any jury trial in any action, proceeding, or coumerclaim brought by either Lander or Borrower against the other. GOVERNING LAW. This Note will ba govsmsd by federal law epplicsble to Lender and, to the extent not preempted 6y federal law, the laws of the Commonwsath of Pennsylvania without regard to its eonflicb of law provisions. This Note hea been accepted by lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in ell Borrower's accounts with Lender (whether checking, savings, or some other account). This includes ell accounts Borrower holds jointly with someone else and ell accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust eccounte for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by epplicsble law, to charge or setoff all sums owing on the indebtedness against any end ell such accounts, end, at Lender's option, to administratively freeze ell such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by Mortgage on 1103 Bridge Street, Borough of New Cumberland, Cumberland County, PA; Accounts receivable, inventory, general Intangibles, machinery and equipment pledged by Borrower; Guaranty of Faith E. Wait. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Borrower or es provided in [his paragraph. All oral requests shall be confirmed in writing on the day of the request. All communications, instructions, or directions by telephone or otherwise to Lander are to ba directed to Lender's office shown above. The following person curcently is authorized, except es provided in this paragraph, to request advances and authorize payments under the line of credit until Lender receives from Borrower, et Lender's address shown above, written notice of revocation of hie or her authority: David A. Wale. Any and as advances under the Line of Cradle oboe bs dsposksd IrrM Borrower's chsckMg account X3822-82140 whh Lender. Borrower agrees to be liable for all sums either: IA) advanced in accordance with the instructions of en authorized person or (BI credited to any of Borrower's eccounte with Lender. The unpaid principal balance owing on this Note et any time may be evidenced by endorsements on this Note or by lender's Internal records, including daily computer print-outs. CROSS DEFAULT. Any event of default under any loan due end owing to Lender by Borrower, et any time, shall constitute an avant of default under all loans due and owing to Lender by Borrower. SUCCESSOR INTERESTS. The terms of this No[e shell be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, end notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether es maker, guarantor, accommodation maker ar endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of lima) this loan or release any party or guarantor or collateral; or impair, tail to realize upon or perfect Lender's security interest In the collateral; end take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree [hat Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint end several. If any portion of this Note is for any reason determined to 6e unenforceable, it will not affect the enforceability of any other provisions of [his Note. PROMISSORY NOTE page 2 (Continued) Lope ;'So: PROTHONOTARYFOR CLERK OF AN COURT N~THE COMMONWEALTH OF PENNSYLVANIA, OR ELS yyHEREATO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGLA~rtOUNTSOEXPENDOED ORE ADVANCEDNBYPLENDER RELAOTNGHTONANY COLIATERALCSECURWGETHSS NOTE, TOGETHER WITHNCOSTS ~OLLEICT'ON, BUTAIN ANYEEVENTO NOT LESSOTHAN FIVECHUNDREDIDOLLARSN8500IPONCWHICH JUDGMENT OR JUDGMENTS ONEFOR MORE =X~CUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL EXHAUSTEIDNBY ANY EXERCISE OF THATOAUTHORITY, BUT SHALL CONTINUE FROM TSME TTO TIME ANDAAT ALBOT MES UNTIL PAYMEONTBN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A SPECiIFiCAILLY OCALLEDIOTH gTCONFESS ONH OFONJUDGIMENTF PROVISION TODBORROWER SA ATTENTON ORR BORROWER HASEBEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. D ALL THE PROVISION$ OF THIS NOTE, INCLUDING THE YIARIABLE PRIOR 70 SIGNING THIS NOTE, BORROWER READ AND UNDERSTOO INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS Of THE NOTE. BORR6WFR ACKNOWLEDGES RECEIPT OF A COMP cETED~cOun O7H SI NOTENIS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A EXHIBIT `~B" !oiacna~~ouir:~ ~m~i~nnr0 _- ___- 1 COMMERCIAL GUARANTY Borrower: David A. Wait Lender: Fuhon sank 1103 Bridge Street ~ New Cumberland Office Naw Cumberland, PA 17070 Corporals Address One Penn Square Contester, PA 17602 GUBrentOr: Francis Henry Haatth Center, LLC 1103 Bridge Street New Cumberland. PA 17070 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance end discharge of alt Borrower's o61'tgations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender "can enforce this Guaranty against Guarantor even when lender has not exhausted Londar's remedies against anyone else obligated to pay the Irdebtedness or against any collateraV securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor 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 set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Nota and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. Tho word "Indebtedness' as used in this Guaranty means all of the princtpai amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all dabta, debilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower indivMuelly w collectively or interchangeably with others, owes or wiii owe Lander. "Indebtedness" includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and Ilabgitfes of Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilhles and obligations whether: voluntarily or involuntarily Incurred; due or to become due by 'their terms ar acceleration; absolute or contingent; Ilquxfa[ed or unliquide[ed; determined or undetermined; direct or Indirect; primary or secondary in nature or anaing from a guaranty or swety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or wnting; originated by Lander or another or others; barred or unenforceable against Borrower for any reason whatsoever; fw any tronsacdona that may be voidable for any reason fsuch as infancy, insanity, uhra vitas or otherwisel; and originated then reduced or axtirtguishad and then afterwards increased or reinstated. The above limitation on liability is not a restriction on the amount of the Note of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shell be cumulative. Thts Guaranty shad not (unless specifically provided below to the contraryf affect or invalidate any such other guaranties. Guarantor's debility will be Guarantor's aggregate liability under the forms of this Guaramy end any such other tmterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME T6 TIME. t DURATION OF GUARANTY. This Guaranty will take affect when racerved by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continua in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shad have been tulty and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke lids Guaranty, Guarantor may only do ao in writing. Guarantor's written notice of revocation must be mailed to Candor, by certified mail, at Lender's address listed above or such other place as Lender may designate in wnting. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual roceipt by lender of Guarantor's written rovocation. For this purpose and without limitation, the term 'new Indebtedness' does not include the Indebtedness which at fire time of notice of revocation is contingent, unliquidated, undetermined or not duo and which later becomes absolute, Ilquidated, determined or due. This 6usrsnty wgt continua to bind Guarantor for all the Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the indebtedness. All renewals, extensans, substitutions, end modifications of the Indebtedness granted after Guarantor's revocation, ere contemplated under this Guaranty and, specificalty will not be considered to be new 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 rite foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty In the same manner in which Guarantor might have terminated it end with the same effect. Release of any other guarantor or termtnetton of any other guaranty of the Indebtedness shall not effect the lisbility of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of arty remaining Guarantors under this Guaranty. It fa anticipated that tiuetustiona may occur in the aggrogeb amount of the Indebtedness covwsd by this Gtrsronty, end Guarantor spscifcaBy acknowlsdgss end agroes that reduMions in the smount of the MMbtsdness, even to zero dollars ($0.001. prior ro Guarantor's written revocation of this Guaranty ahdl nw constitute a termination of this Gtaranty. TAis Guaranty is bindYtg upon Guarantor and Ouarantw's hsiro, successors and assigns so long es any of the Indebtedness ramairq unpaid and oven though the Indebtedmsa nay hen drtw to time be zero dollars ($0.001. GUARANTOR'S AUTHORIZATION TO LENDER, Guarantor authorizes Lender, either before or after any revocation hereof, wthout notice or demarW end witlaut lessening Guarantor's Rebgity under thin Guaranty, from time to time: IAI prior to revocation as set fonh above, to make one or morn additional secured or unsecured loans to Borrower, to lease equipment or other goods [o Borrower, or otherwise to extend additional credit to Borrower; IBI to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; eMensions may be repeated and may be for longer than the original loan farm; ICI to take and hold security for [he payment of this Guaranty a the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; iDl to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, w other guarantors on any terms or in any manner Lander may choose; IEI [o determine how, when end what application of payments and credhs shell ba made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without Ifmirotan, any nonjudiciel sale permitted by the terms of the cantrotling security agreement or deed of trust, as Lender in its discretion may determirre; (GI to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and tHl ~~to assign or transfer this Guaranty in whole or in pert. GUARANTOR'S REPRESENTATIONS ANp WARRANTIES. Guarantor represents and warrants to Lender that IAI no representations 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 Guaranty is executed at Borrower's request end not at the request of Lander; fCl Guarantor has full power, right end authority to enter into this Guaranty; tDl rite provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor end do trot result in a violation of any law, regulation, court decree or order applicable to Guarantor; lEl Guarantor has not and will not, without the prat written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially ell of Guarantor's assets, or any interest therein; (FI upon Lender's request, Guarantor will provide to Louder financial and credit information in form acceptable to lender, and all such financial information which currently has bean, end all future financial information which will be provided to Lender 4 and will be true end correct in all material respects and fairly present Guarantor's financial Condition as of the dates [he financial information Is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (HI no litigation, claim, investigation, administrative proceeding or similar action (including those For unpaid taxed against Guarantor is pending or threaterted; Iq Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and IJ) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financiaV condition. Guarantor agrees to keep adequetaly informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following COMMERCIAL GUARANTY ___ .,_. (Continued) Page 2 Annual Statemarrts. Ai. soon as available, but in no event later then one-hundred-twenty (120) days aher the end of eacn nscei vnar, Guarantor's balance sheet and income statement for the year ended, compiled by a certified public accountant satisfactory to Lender. Tsx Returns. Aa soon as available, but In no avant later than one-hundred-twenty (1201 days after the applicable tiling date for the tax reporting period ended, federal and other governmental tax returns, prepared by a certified public accountant saastactory td Lender. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor es being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender IAI to continue tending money or to extend other credit to Borrower; IBI to make any presentment, protea4 demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or to connac[bn with the creabon of new or additional loans or obligations; IC) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; IDI to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (EI to give notice of the terms, time, and place of any public or private sale of personal property security FteW by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; IFi to pursue any other remedy within Lender's power; or IGI to- commit any ~- _ ac~o_,~omission of any_klnd, nr et anytime, wrt~raspact t`_eny~matter_wbatsoeve~,_,,w_ 4. ~,_.._ _ __ ~--_==- J Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral Including, but not limited to, any rights or defenses arising by reason of tAl any "doe action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exerci::e of a power of sale; tBl any election of remedlea by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging [he Indebtedness; ICI any drsebility or other defense of Borrower, of any other guarantor, or of any other parson, or by reason of the cessation of Borrower a liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; 101 any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; fEl any statute of Ilmitations, if at any time any action or suit brought 6y Lander against Guarantor is commenced, thsre is outstanding Indebtedness which is not barred by any applicable statute of Ilmltatbns: or IFI any defenses given to guarantors at law or m egwty other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voltutterily or otherwise, or by any third party, on the Indebtedness and thereafter Larder is forced to remit the etttount of that payment to Borcower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be consldgred unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives anti agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of ttetoff, countercfaint, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or Cloth. GUARANTOR'S UNDERSTANDING WfTH RESPECT TO WAIVERS. Guarantor warrants end agrees [hat each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary [o public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be affective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent perntted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone olse and ell accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by taw. Guarantor authorizes lender, to the extent permitted by applicable law, to hold these funds if there is a default, end Lender may apply [he funds in these accdunts to pay what Guarantor owes under Cho terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether new existing or hereafter created, shalt be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that lender may~rrow dr hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptey, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender end Guarantor shell l~ paid to Lander end shall be first applied by Lender to the Irdebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or agalrtst any aasignea or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lander full payment in legal tender of the Indebtedness. If Lander so requests, any notes or credit agreements now or hereafter evidencing any debts or obligatfdna of Borrower to Guarantor shall be marked with a legend that tfia same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender Is herebi~ authorized, in the name of Guarantor, from time to time to file trnancing statements end continuatron statements and to execute documents and to take such other actions es Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions era a part of this Guaranty: Amendments. This Gutuenty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth, in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed bV the party or parties sought to be charged or bound by fife alteration or amendment. Attwnays' Fees: Expemiea. Guarantor agrees to pay upon demand ell of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of tfds Guernnty. Lender may hire a pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expanses of such enforcement. Costs and expenses include Lender's attorneys' fees and lellal expenses whether or not there is a lawsuit, including attorneys' tees end legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctlonl, appeals, and any anticipated post•judgment collection services. Guarantor also shall pay all court costs and such tdditional fees as may be directed by the court. Caption flaedings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guarenty. Govsming Law. This Guaranty will be governed by fadsral law eppl""sable to Lander and, to the extant not prsamptad by federal law, the laws of the Cortarwrtweakh of Pennsylvania without regard to its cortfficts of Inw provisions. This Guaranty Iles f»en ect:epted by Lander in the CommonweaKh of PermsyMenia. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of tfus Guaranty: Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not require[: to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from ell lasses, claims, damages, and costs (including Lender's attorneys' feast suffered or incurced by Lender as a result of any breach by Guarantor of the warranties, rePresentati~ns and agreements of [his paragraph. Interpretation. In all cases where there is more than orte Borrower ar Guarantor, then all words used to this Guaranty in the singular shell be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words 'Borrower" end "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor,' °Borrower," end "Lender" include the heirs, successors, assigns, and transferee:: of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by Itself wiH not ocean that the rest of this Guaranty will not be valid or enforced. Therefore, a court wilt enforce the rest of the provisions of thin Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited Gabi6ty companies, or similar entities, it is not necessary for Lender to Inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shell be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, es first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices Icy Guarantor shall be in writing and shall bo effective upon delivery to Lender as provided in Vhn ~octmal writtain Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by g 9 notice to the other parties, specifying that the purpose of the notice is to change [he party's address. For notice purposes, Guarantor agrees to keep Lender informed et ell times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. -- __ -- -- 3 ' COMMERCIAL GUARANTY Loan No: (Continued) Page 3 No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing 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 any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of lender's «ght otherwise to 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 transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lander in any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld m the sole discretion of Lender. Suceesson and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's hairs, personal representatives, successors, and assigns, and shell be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right fa any jury vial in any action, proceeding, or counterclaim brought by either Lander or Borrower against the other. DEFINRIONS. The following capitalized words and terms shall have the fogowing meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the content may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word 'Borrower" means David A. Wait and includes all co-signers and co-makers 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 limitation Francis Henry Health Center, LLC, and in each case, any signer's successors ahd assigns. I Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lander. Indebtedness. The word "Indebtedness" means Borrower's lndebtodnesa to Lender as more particularly described in this Guaranty. Lander. The word "Lender" means Fulton Bank, its successors and assigns. Note. The word "Note' means and includes without limtation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations m favor of Lender, together with all renewals of, extensions of, moditicationa of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Raleied Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, secwity agreements, mortgages, deeds of trust, security deeds, coaatereF mortgages, and all other Instruments, 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 ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANV AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS !55001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAVSTEO 8Y ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFlCALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROYISIOfNS OF THIS GUARANTY AND AGREES TO ITS TERMS. Nil ADDRION. EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTNE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTR. TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED !NOVEMBER 14, 2005. THIS GUARANTY IS GIYEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTRUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: FRANCIS H Y H~ H C/E/N~,TE~, L By~ ~ "" ~~ ISesll David A. Wa Member of rands Henry Hsahh Canter, LLC Signed, acknowl~edge~d~and delivered in the presence of: X~~-.--y G~~ CI^ Whrass uSa ,wO 1.M,7, v" 6fr Op"W CM, ,YM"IwwliWwr, Na tr!>. ]CCi .V 11pu M,"w" ~" NLLlt,COWCAVL,E1p« ~.t{Y" EXHIBIT "C" 126 East King Street Donald R. Leiter, Esquire Lancaster, PA 17602-2893 Direct Dial Number: 717-399-4154 Te1717.299.5201 Fax 717.291.4660 E-mail: dgeiter@barley.com www.barley.com October 16, 2012 Via Certified and First Class Mail David A. Wait 845 Sir Thomas Court, Suite 6 Harrisburg, Pennsylvania 17109 Re: Loans from Fulton Bank Dear Mr. Wait: As you know, Fulton Bank, N.A. (the "Bank") made to you a certain demand loan in the original principal amount of $150,000.000 (the "Demand Loan") and a certain term loan in the original principal amount of $200,000.00 (the "Term Note" and together with the Demand Loan, the "Loans") pursuant to, among other agreements and instruments, the following promissory notes (collectively with all other agreements and instruments, the "Loan Documents"): (a) a Promissory Note in connection with the Demand Loan dated September 9, 2005; and (b) a Promissory Note in connection with the Term Loan dated September 9, 2005. In addition, the Loans are guaranteed by David A. Wait and Faith E. Wait, pursuant to Commercial Guaranty Agreements dated as of September 9, 2005. The aggregate balance ofprincipal, accrued interest, late charges, and penalties (exclusive of fees) owing in connection with the Loans as of October 8, 2012, is $315.611.36. Interest is currently accruing at the rate of $18.22 per diem. The purpose of this letter is to formally notify you that you are in default under the Loan Documents relating to the Term Note for having failed to make one or more payments when due. You are also reminded that the debt owing in connection with the Demand Loan is a demand obligation. Therefore, the Bank is hereby demanding that you immediately pay the amount set forth above relating to both Loans in full. If you fail to make immediate payment in full of the amount set forth above, the Bank may exercise any and all of its remedies under the Loan Documents. The Bank hereby reserves all other rights and remedies, at law or in equity provided, without prejudice, in connection with such defaults. If you have any questions concerning this letter, you or your attorney may contact me. Sincerely, DTD/:3717430.1 cc: James Pesavento, Fulton Bank ~, Donald R. Leiter Lancaster • York • Reading • Malvern • Hanover ORIGINAL BARLEYSNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FRANCIS HENRY HEALTH CENTER, LLC, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 4~h~] NOTICE OF ENTRY OF JUDGMENT. ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. ~ Judgment by confession for Plaintiff and against Defendant, in the total amount of $347,394.53, consisting of a principal amount of $278,349.96, interest through December 5, 2012 in the amount of $28,117.03, attorneys' fees in the amount of $30,646.70, and late fees in the amount of $10,280.84, plus continuing interest after December 5, 2012 at a rate of $19.23 per diem, plus continuing late charges and costs of suit. ^ Judgment for Defendant(s) and against Plaintiff(s). ^ Order of Decree in favor of Prothonotary Dated: ~ . By: $rk TO: Francis Henry Health Center, LLC 845 Sir Thomas Court, Suite 6 Harrisburg, PA 17109 3770134-1 ORIGINAL BARLEYSNYDER Donald R. Leiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FRANCIS HENRY HEALTH CENTER, LLC, Defendants r ;i..~~-G~r i~t ~~~ ~~~ I~~a~rHONO~_~~, 2013 JAN -7 AM !~ . 33 CtlMBERLAND CO€iN3Y PENNSYLVANIA Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE I, Donald R. Leiter, Attorney for Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: 1. The precise address of Plaintiff, Fulton Bank, N.A., is One Penn Square, PO Box 4887, Lancaster, Pennsylvania 17604. 2. The last known address for Defendant, Francis Henry Health Center, LLC, is 845 Sir Thomas Ct., Suite 6, Harrisburg PA 17109. BARLEY~~SppNY Date: I " a ~ ! ~ By: CJ~ Donald R. Leiter, Esquire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 717.299.5201 3770134-1 ORIGI~W~1L ~~~~.~~1-Q~~li;. ~'~ TNT PROTHOt~O~~-[~`° 2fl{3 JAN -7 AM ~ ~ 33 CUl~ MNSYLVAN A TY BARLEYSNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. FRANCIS HENRY HEALTH CENTER, LLC, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 4;2~ ENTRY OF APPEARANCE Kindly enter the appearance of Donald R. Geiter, Esquire, Barley Snyder on behalf of Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, in the above-captioned matter. Serve all papers at 126 East King Street, Lancaster, Pennsylvania 17602-2893. Date: ~ - a-13 BARLEY SNYDER By: ~_~ Donald R. Geiter, Esquire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 717.299.5201 3770134-1 ORIGIN L. No. 13-99 Civil Term (•i P. BARLEY SNYDER Donald R. Geiter, Esquire Court I.D.No.202629 126 East King Street Attorney for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly 717.299.5201 known as Fulton Bank FULTON BANK, N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—LAW v. FRANCIS HENRY HEALTH CENTER, No. 13-99 Civil Term LLC, Defendant BELCO COMMUNITY CREDIT UNION, Garnishee PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania; 2. against Francis Henry Health Center,LLC, Defendant; 3. and against the following Garnishee: (a Belco Community Credit Union; ‘44 .00 C-U 8 • 20748_I.DOC "Pe GL ^ � ea No. 13-99 Civil Term 4. Direct the Sheriff of Cumberland County to attach all property of Francis Henry Health Center, LLC, Defendant, in Garnishee Belco Community Credit Union's possession, including,but not limited to, any and all accounts/documents in the name of Francis Henry Health Center,LLC, including, but not limited to certificates of deposit, checking accounts, savings accounts, safe deposit boxes, and any amount due and owing from Garnishee to Defendant. 5. Balance Due: $347,394.53 Attorneys fees $ Costs to be added $ CERTIFICATION I certify that: (a) This praecipe is based upon a judgment entered by confession; and (b) Notice has been served in connection with a prior execution on this judgment and, pursuant to Rule 2958.4(b), no further notice is required. BARLEY SNYDER -Ieirtrary 3 , 2014 By: 0y--(`CJC Donald R. Geiter, Esquire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602 717.299.5201 4220748_1.DOC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-99 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due FULTON BANK,N.A.FORMERLY KNOWN AS FULTON BANK Plaintiff(s) From FRANCIS HENRY HEALTH CENTER,LLC,845 SIR THOMAS CT,SUITE 6, HARRISBURG,PA 17109 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: BELCO COMMUNITY CREDIT UNION,3500 TRINDLE ROAD,CAMP HILL,PA 17011 - INCLUDING BUT NOT LIMITED TO CERTIFICATES OF DEPOSIT,CHECKING ACCOUNTS, SAVINGS ACCOUNTS,SAFE DEPOSIT BOXES,AND ANY AMOUNT DUE AND OWING FROM GARNISHEE TO THE DEFENDANT and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$347,394.53 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$ Attorney Paid$103.50 Due Prothonotary$2.25 Other Costs$ • Date:3M114 1 / , ' �L David D.Buell,Prothonotary By: /L_!L = _ Deputy REQUESTING PARTY: Name : DONALD R.GEITER,ESQUIRE Address: BARLEY SNYDER 126 EAST KING STREET LANCASTER,PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-5201 Supreme Court ID No.202629 ( IIL Personal Propel ty FACE SHEET File# Case Number Document Type Bankruptcy Case Number 2013-CV-09586-NT WRIT OF EXECUTION Received From: Date Received: 11/1/2013 Date Expires: PEOPLE ASSOCIATED WITH THE CASE Primary Defendant(s) t Name: FRANCIS HENRY HEALTH CENTER LLC DOB: Address: 845 SIR THOMAS COURT SUITE 6 HARRISBURG,PA 17109 " Primary Plaintiff(s) Name: FULTON BANK N.A.FORMERLY KNOWN AS FULTON BANK DOB: Attorney: DONALD R GEITER Firm: BARLEY SNYDER LLC Attorney Phone: 717-299-5201 Attorney Address: 126 EAST KING STREET LANCASTER,PA 17602 PERSONAL PROPERTY INFORMATION Monies Levied: Date of Sale: Date of Levy: District Justice: COMMENTS 11/4/2013 SENT LEVY OUT WITH DEPUTIES 11/26/2013 DEPUTY CONWAY COMPLETED THE LEVY SENT COPY OF LEVY SHEET AND CHOICE LETTER TO ATTY SENT COPY OF WRIT BY REGULAR MAIL TO DEFT WRIT IN LEVY FILE 2/25/2014 RECEIVED FAX FROM ATTYS OFFICE TO CLOSE OUT THE CASE NO MONEY COLLECTED 2/28/2014 RETURNED WRIT TO CUMBERLAND COUNTY PROTHY - ABANDONMENT OF LEVY SENT COPY OF FACE SHEET TO DAUPHIN COUNTY PROTHY Cash Accounting Amount Date Added Category ID $200.00 11/4/2013 Deposit Agency 463997 ($82.00) 2/28/2014 Sheriff Costs 471673 ($1.64) 2/28/2014 Poundage 471674 ($10.00) 2/28/2014 State Fee 471675 ($106.36) 2/28/2014 Refund to Atty/Pltf 471676 Total Number of Rows: 5 Balance Due: $0.00 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i F_ L. DC i {1 O t.; l I r,, 20 I ti FIAR I8 I.3 ID: Q 0F:r ICS QF T¢iy $tf£FiIF:F CUMBERLAND COUNTY PENNSYLVANIA Fulton Bank, N.A. vs. Francis Henry Health Center, LLC Case Number 2013 -99 SHERIFF'S RETURN OF SERVICE 03/12/2014 02:47 PM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to Rebekah Nicholson, Member Service Rep., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 13, 2014 to the Francis Henry Healther Center, LLC, 845 Sir Thomas Court, Suite 6, Harrisburg, PA 17109. AH CLINE, DEPUTY SO ANSWERS, March 13, 2014 RONN ' R ANDERSON, SHERIFF (c) Cou:^:rrSui;e Sheriff, Te,eosofi, inc. (AMEX BARLEY SNYDER Donald R. Geiter, Esquire Court I.D. No. 202629 126 East King Street Lancaster, PA 17602 717.299.5201 2Gitt APR -8 f M CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff V. FRANCIS HENRY HEALTH CENTER, LLC, Defendant BELCO COMMUNITY CREDIT UNION, Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 13 -99 Civil Term PRAECIPE TO DISSOLVE ATTACHMENT /GARNISHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment /garnishment against Belco Community Credit Union in the above - captioned matter. BARLEY SNYDER By: 4268835 -1 Donald R. Geiter, Esquire Court I.D. No. 202629 Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602 -2893 717.299.5201 Cp C�l 4 3POt05 kobL Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND ��^�� ~~=,.°.�°^~"�~~x�"°�~ COUNTY " OF T�— ��OT� �y 00,m, ,t climber ' — ' ' ' ~` " " ^r,. ` 4. -~ OCT 1 �� AM II: � ~"`"" CUMBERLAND COUNTYPENNSYLVANIA (..:SFFIEF OF THE E'HEHIFP Fulton BankN.A. vs. Francis Henry Health Center, LLC Case Number 2013-99 SHERIFF'S RETURN OF SERVICE 03/12/2014 02:47 PM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to Rebekah Nicholson, Member Service Rep., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 13, 2014 to the Francis Henry Healther Center, LLC, 845 Sir Thomas Court, Suite 6, Harrisburg, PA 17109. 10/07/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.92 SO ANSWERS, October 07, 2014 RONR ANDERSON, SHERIFF °.-/� - �.� -..' �� s1-3sz' R-451 3 /=�06�/�