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HomeMy WebLinkAbout14-0839 r std 1 dI�+i'�w�� l CUM;OERLAND COUNT; °f± NNsYLVANIA Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.. �9 V� MATTHEW GRUSCHOW DEFENDANT CIVIL ACTION -LAW Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant(s) and confess judgment in favor of the plaintiff(s) and against the defendant(s) as follows: Principal $96,932.42 Interest to 2/4/14 1,179.95 Late charge 91.17 Attorney's commission 9,811.23 TOTAL $108,014.77 Resp tfu u, ed Date: February 11, 2014 ' Karl M. Y debohm, sq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 s,Nlo oo� Q�� 2 so bog ' FEB izf Azle 9: 53 CU�`i DERLAND COUNTY E'ENNQYLVAN1A Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. :NO.: � b ? j� cut MATTHEW GRUSCHOW DEFENDANT CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is Members 1 Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055. 2. The name and address of the Defendant, Matthew Gruschow, is 31 Emlyn Lane, Mechanicsburg, PA 17055. 3. The Defendant executed and delivered to Plaintiff a Commercial Guaranty ( "Guaranty "). A true and correct photostatic reproduction of the original Guaranty is attached hereto as Exhibit "A" and made a part hereof. 1 4. The Guaranty guarantees all indebtedness of Pharma Enterprises, LLC ( "Debtor ") owed to Plaintiff including, without limitation, under the Note set forth below. 5. Debtor executed and delivered to Plaintiff a Promissory Note dated June 10, 2010 in the original principal amount of $99,920.00 (the "Note "). A true and correct copy of the Note is attached hereto as Exhibit "B" and made part hereof. 6. Debtor is in default of Debtor's obligations to make payment to Plaintiff as required in the Note and by letter dated January 24, 2014, Plaintiff accelerated all amounts due to Plaintiff under the Note and demanded the immediate payment of all amounts due to Plaintiff under the Note and the Guaranty. A true and correct copy of Plaintiff's demand is attached hereto as Exhibit "C" and made part hereof. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Note or Guaranty. 9. Judgment has not been entered on the Guaranty in any jurisdiction. 10. An itemized computation of the amount due to Plaintiff by Defendant as a result of Debtor's default is as follows: A. Principal $96,932.42 B. Interest to 2/4/14 1,179.95 C. Late charges 91.17 D. Attorney's commission 9,811.23 E. Total due to Members 1" as of 2/4/14 $108,014.77 2 11. Interest continues to accrue at the default rate provided in the Note. WHEREFORE, Plaintiff demands judgment against Defendant, Matthew Gruschow, as authorized by the warrant of attorney contained in the Guaranty for ONE HUNDRED EIGHT THOUSAND FOURTEEN AND 77/100 DOLLARS ($108,014.77), plus interest from and including the date of this Complaint at the default rate provided in the Note and costs of suit. Respectfu ly submitted, Date: Karl Ni. Ledebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 3 COMMERCIAL GUARAN I Y i ...............................:.:::::..:::::::::::::..::::::.:::::::::::::::::.:..:::::::::.-:..:.::::: :.:::::.:...::::::::...:::::::: ti....... L ................ ......>�pn...Pfe............... r.T ...........................L e E ....::.......::..::. .:.::.::::::::::::.:::.................... _ �fl e at ....... ...... ....................r........t. s...: :: : ::: : : : :: : :: : :::::';:; 4 :s:;;::; : ::::;` : : . :: : : : :`:;`::::::;:;:::::::;`:::;::;`;::;::: i::::`:::;;:: iSa;:::::::;:? ii`:::;::`;` a'::`::<:::::::::;;:::::: r Y:«::::::%::;:`::::;`:::: i>::::2::::i:>;: ?:s:: ?;::;;:i:" e::;::::::::::::::::5::::::: References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " " "•" has been omitted due to text length limitations. Borrower: Pharma Enterprises LLC Lender: Members 1st Federal Credit Union 532 Lucinda Lane ATTN: Small Business Lending Mechanicsburg, PA 17055 5000 Louise Drive Mechanicsburg, PA 17055 Guarantor: Matthew Gruschow 31 Emlyn Lane Mechanicsburg, PA 17055 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 and discharge of all Borrower's obligations 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 Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral 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 Note and Related Documents. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal 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, reasonable attorneys' fees, arising from any and all debts, liabilities and obligations that Borrower individually or collectively or interchangeably with others, owes or will owe Lender under the Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and substitutions of the Note and Related Documents. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. % Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) 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; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or 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; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) 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 discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) 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 and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will 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 provided 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 most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; 11) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately 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 WAIVERS. 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; (B) to make any presentment, protest, 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 in connection with the creation of new or additional loans or obligations; (Cl to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) 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 comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit 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 rights or defenses arising by reason of (A) any "one 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, Exhibit "A" COMMERCIAL GUARANTY Loan No: I (Continued) Page 2 either judicially or by exercise of a power of sale; (B) any election of remedies 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 the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower'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 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 Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that 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 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, SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall 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 now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, 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 and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together witR 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 by the party or parties sought to be charged or bound by the alteration or amendment. Arbitration. Borrower and Guarantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Guaranty or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Guaranty shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses 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 directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this 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 required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor 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 singular shall 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" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, COMMERCIAL GUARANTY Loan No: (Continued) Page 3 assigns, and transferees 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 will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this 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 liability 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 shall be effective when actually delivered, when actually received by telefacsimile lunless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all 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. ,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 right 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 Lender 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 Lender 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 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 by either Lender or Guarantor against the other. DEFINITIONS. The following capitalized words and terms shall have the following 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 context 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 Pharma Enterprises LLC and includes all co- signers and co- makers signing the Note and all their successors and assigns. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Matthew Gruschow, and in each 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 Members 1st Federal Credit Union, its successors and assigns. Note. The word "Note" means the promissory note dated June 10, 2010, in the original principal amount of $99,920.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral 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 ANY 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 (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. COMMERCIAL GUARANTY Loan No: ` " ( Continued) Page 4 EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY ". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JUNE 10, 2010. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X ISeall Ma a Gru LASER PRO LmdFp, %l- 6.60.00.006 C.I. N„lmd Fi anci,l SOW—, Inc. 1997, 2010. All Right, R,,—d. PA C:%C0MMERCM0CFltLPL\E20.FC TR -7441 P9.6 PROMISSORY NOTE Pr�ncip ! C' 11 � NE turfty lK� t1 Np L ai l / Co ►I f1CG�1'Urtt officer Ittftfals 9J,$V.,Uf?. References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " " "' has been omitted due to text length limitations. Borrower: Pharma Enterprises LLC Lender: Members 1st Federal Credit Union 532 Lucinda Lane ATTN: Small Business Lending Mechanicsburg, PA 17055 5000 Louise Drive Mechanicsburg, PA 17055 Principal Amount: $99,920.00 Interest Rate: 6.120% Date of Note: June 10, 2010 PROMISE TO PAY. Pharma Enterprises LLC ( "Borrower") promises to pay to Members 1st Federal Credit Union ( "Lender "), or order, in lawful money of the United States of America, the principal amount of Ninety -nine Thousand Nine Hundred Twenty & 00/100 Dollars ($99,920.00), together with interest on the unpaid principal balance from June 10, 2010, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 6.120% per annum, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan in 83 regular payments of $607.73 each and one irregular last payment estimated at $90,464.59. Borrower's first payment is due July 16, 2010, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on June 16, 2017, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs; then to any late charges; then to any accrued unpaid interest; and then to principal. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. MAXIMUM INTEREST RATE. Under no circumstances will the interest rate on this Note exceed (except for any higher default rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of $1.00. Other than Borrower's obligation to pay any minimum interest charge, 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 Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. 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, and Borrower will remain obligated tp pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Members 1 st Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased to 15.000% per annum ( "Default Rate "). If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the Default Rate. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ( "Event of Default ") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion,, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Exhibit "V„ PROMISSORY,NOTE Loan No: (Continued) Page 2 Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1 ) cures the default within thirty (30) days; or (2) if the cure requires more than thirty (30) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and 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 and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW, This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth 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 Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borrower agrees that all loan advances under this Note are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated June 10, 2010, to Lender on real property located in Dauphin County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Dauphin County, Commonwealth of Pennsylvania. MEMBERSHIP REQUIREMENTS. All borrowers and Guarantors must maintain a membership with the Credit Union in good standing for the life of the loan. SUCCESSOR INTERESTS. The terms of this Note shall 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. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. 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, and 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 as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that 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 and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER 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 BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY 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 NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, BORROWER: PHARMA ENT PRISES LLC B �:.'' (Seal) .Authorized Signer fo rma Enterprises LLC LENDER: MEMBERS 1ST FEDERAL CREDIT UNION X ut onzed Signer LASER PRO L.ndlnp, Vn. "n 7010. All Riphl. R...n.d. Pw C:1C0 MMERCIwL\CFI\LVl \020.fC —1111 MI KARL M. LEDEBOHM ATTORNEY -AT LAW P.O. BOX 173 New Cumberland, PA 17070 -0173 Phone: 717 -938 -6929 Fax: 717- 932 -0317 * Of cousel: Richard P. Mislitsky, Esq. . January 24, 2014 (Via Certified and regular mail) Pharma Enterprises, LLC P.O. Box 1133 Mechanicsburg, PA 17055 Steven T. Kyzer Pharma Enterprises, LLC 532 Lucinda Lane Mechanicsburg, PA 17055 Matthew Gruschow 31 Emlyn Lane Mechanicsburg, PA 17055 Carl L. Moltz, III 17 Oxford Court New Freedom, PA 17349 RE: Members 0 Account No.: ____ Loan 03 Borrower: Pharma Enterprises LLC Dear Mr, Kyzer, Member of Pharma Enterprises, LLC, and individually: Dear Mr. Gruschow: Dear Mr. Moltz: I represent Members 1 St Federal Credit Union ( "Members 1S ") in connection with the above referenced account (collectively hereinafter referred to as the "Account "). As you know, Pharma Enterprises, LLC, is in default of its obligations under the Account evidenced by the Business Loan Agreement executed and delivered to Members 1 St in connection with the Promissory Note (the "Note ") dated June 10, 2010 in the original principal amount of $99,920.00 and corresponding mortgage (the "Mortgage ") on the property owned by Pharma Enterprises, LLC, known as 1815 North 2 " Street, Harrisburg, PA 17102 (the "Property ") for failure to make the payments due under the Note in a timely manner. * Also practices independently as Exhibit "C" As a result of the default of Pharma Enterprises, LLC under the Note, Members 1 St hereby accelerates all amounts due to Members 1 St under the Account, the Note and the Commercial Guarantees (the "Guarantees ") executed and delivered to Members 1" in connection with the Account by Steven T. Kyzer, Matthew Gruschow and Carl L. Moltz, III, respectively, and hereby demands the immediate payment of all amounts due to Members 1 St under the Account, the Note and the Guarantees which, as of January 27, 2014, is in the amount of $99,593.44, itemized as follows: 1. Principal $96,932.42 2. Interest to 1/27/2014 1,081.16 3. Late charges 60.78 4. Legal fees 1,519.08 5. Total due to Members 1 St as of 1/27/2014 $99,593.44 Interest continues to accrue on the above obligation at the rate of $12.3489 per day and late charges, legal fees and costs also continue to accrue. Unless payment of the $99,593.44, together with additional interest to the date that payment is delivered to Members 1 St , is delivered to Members within ten (10) days of the date of this.letter, Members l st will have no choice but to pursue any and all legal remedies reserved to it under the loan documents evidencing the the Account and /or at law or in equity without further notice. In such event, in addition to the above amounts, you may also be responsible for the payment of additional reasonable legal fees and costs of suit incurred by Members 1St Nothing herein shall constitute or be construed as an agreement on behalf of Members 1 St to accept any terms and conditions in exchange for payment of the amounts due under the Account except for the immediate payment of all amounts due to Members 1 St . Nothing herein shall constitute a waiver of any rights or remedies which Members 1 St may have under any written agreement or at law or in equity to collect the balance of the indebtedness due under the Account without further notice, including, without limitation, the right to accept and apply any partial payments made on the Account without waiver of any demand for payment in full of all amounts due under the Account. Nothing herein shall constitute an agreement on behalf of Members 1 St to postpone or extend the maturity date under the Note. Members 1 St looks forward to the payment of the $99,593.44 together with additional interest to the date that payment is delivered to Members 1 St on or before February 3, 2014. f y yo ;) ) . e ebolui - r V r KML:II CC: Laura Hoke, Business Collections Specialist Ltl _ • `'` WI r postage $ . Ippstmark ca IN Ln Here GerGfiedFee f t' c fee Return rseme of $ O ( End'nt Req c0 postage Fee �r�i f { O R FeC 'red) Po .- (Endorsem _ Ul � rT Certified Fee _ • � ,. 4 ". O Postage &fees C------ ---- -. a t Fee Recei l . d t Return e erre) i f (Endorsement R 4 I s DeIlVety Fee Set - -•• v © Restrict E ed utred) (1 ii ? ------ ------- ent Req 1 -- 6 (ndorsem r 0 y ! - �t No - : , U / J r 1 Sue B X No. + O stage & Fees �� C+ or P TotalPo�; s�a{�e ZIP+k S 7 L . h`la..._..?- 0 a ru x ...... .. O or PO �._ -. 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MATTHEW GRUSCHOW DEFENDANT CIVIL ACTION -LAW VERIFICATION I, Laura Hoke, Business Collections Specialist for Members I" Federal Credit Union, being authorized to do so on behalf of Members I' Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information Imowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa.. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1" Federal Credit Union By: Laura Hoke Business Collections Specialist 4 Karl Box 1 debohm, Esquire PEN Ns L A pjj �� ' New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 1 2 Vs. : NO.: MATTHEW GRUSCHOW DEFENDANT CIVIL ACTION -LAW CERTIFICATE OF ADDRESS/RESIDENCE I, the undersigned legal counsel for Plaintiff, hereby certify on behalf of Plaintiff that the residence /address of defendant is as follows: Matthew Gruschow 31 Emlyn Lane Mechanicsburg, PA 17055 Date. February 11, 2014 arl . Ledebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938-6929 I— ail ' , (; _ 4 AN 9' 53 C' 'BERL A NA Karl M. Ledebohm, Esquire PE61S )'1 VA oWiT Y IVIA P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 2� Vs. NO.: K ✓ 1 MATTHEW GRUSCHOW DEFENDANT CIVIL ACTION -LAW AFFIDAVIT OF NON- NULITARY SERVICE The undersigned hereby swears and affirms on behalf of Members 1S Federal Credit Union, the Plaintiff in the above captioned matter, that to the best of Plaintiff's knowledge, Matthew Gruschow is not currently on active military service. Respe lly submitted, Date: February 11, 2014 arl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1 sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF q Vs. NO.: ) MATTHEW GRUSCHOW DEFENDANT CIVIL ACTION -LAW To: Matthew Grusehow, Defendant You are hereby notified that on I-e KJ . I y , 2014, judgment by confession was entered against you in the sum of $108,014.77 in the above captioned matter. Date: Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249 -3166 OR (800)990 -9108 I hereby certify that the following are the addresses of the defendant stated in the certificate of residence: Matthew Gruschow 31 Emlyn Lane Mechanicsburg, PA 17055 vV� ttorney for Plaintiff A: Matthew Gruschow Usted esta siendo notificado que el , 2014, se anoto en contra suya un fallo por confession en la suma de $108,014.77 en el caso mencionado en el epigrafe. Fecha: Protonotario USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249 -3166 OR (800)990 -9108 Certifico que la siguiente direccion es la del defendido /a segun indicada en el certificado de residencia: Matthew Gruschow 31 Emlyn Lane Mechanicsburg, PA 17055 ; Abogkqdo del Demandante ' )YNS YL V4 u l 1 �f f�/ Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF QQ ot I Vs. NO.: MATTHEW GRUSCHOW DEFENDANT CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the plaintiff, Members 1S Federal Credit Union. Respect lly submitted, Date: February 11, 2014 arl . Le ebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Li fHE PROTi-iONO IAA ; 21:1it'M -6 1)1'f 3: Qj CUMBERLAND COUNTY PENNS YLVANIJ MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. MATTHEW GRUSCHOW DEFENDANT PRAECIPE UPON A : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 14-839 Civil : CIVIL ACTION - LAW FOR WRIT OF EXECUTION 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 Cumberland County: (2) against Matthew Gruschow, 31 Emlyn Lane, Mechanicsburg, PA 17055, defendant; (3) against garnishees: (a) Citizens Bank, 665 North East Street, Carlisle, PA 17013; (b) Sovereign Bank/Santander, 17 West High Street, Carlisle, PA 17013; (c) Fulton Bank, 6520 Carlisle Pike, Mechanicsburg, PA 17050. (4) and enter this writ in the judgment index (a) against Matthew Gruschow, 31 Emlyn Lane, Mechanicsburg, PA 17055, defendant; and (b) against garnishees: auk :lb-6.cl ( 4kD .o0 aC3 -ar% 1 S. (1 Citizens Bank, 665 North East Street, Carlisle, PA 17013; ikk do . tg, sou__ 2 2(3DSct wr bg Tsclieci p (ii) Sovereign Bank/Santander, 17 West High Street, Carlisle, PA 17013; (iii) Fulton Bank, 6520 Carlisle Pike, Mechanicsburg, PA 17050; And levy upon and attach any and all personal property of the Defendant, Matthew Gruschow, in the possession of Citizens Bank, Fulton Bank and/or Sovereign Bank/Santander, as Garnishees, including, without limitation, any and all deposit accounts in which the Defendant may have an interest. (5) Amount due Interest from 2/4/14 at the rate of $14.6141 per day Attorney's fees Late charges $108,014.77 (To be added) (To be added) (To be added) I certify that this praecipe is based upon a judgment entered by confession, and Notice will be served with the writ of execution pursuant to Rule 2958.3. Date: March 3, 2014 Karl M. edebohm, Esq. Attorney( for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 7 »«E +� C) rn = Fri 7 Members 1st Fe deral Credit Union vs. Matthew Ges ho d_ _, • rn G se e Nu br \ Q¥kT SHERIFF'S RETURN OF SERVICE 03/222014 Ronny R. Anderson, Sheriff, who be ing duly sw ors according to law, states this writ of exe Rionis returned STAYED, per request for m plaintiff's attorney. SHERIFF COST: $120.10 SO ANSWERS, March 27, 2014 RONNY R ANDERSON, SHERIFF « _ Sheriff, Teleosoft, inc. r) c Karl M. Ledebohrn, Esq. P,O. Box 173 New Cumberland, PA 17070 -0173 (717) 938-6929 MEMBERS 1 FEDERAL CREDIT UNION PLAINTIFF Vs. MATTHEW GR.USCHOW DEFENDANT(S) r fi THOU 2 R i3AR 28 Hi 1: 12 CUl aBEF LAND COLIN ' PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA . NO.: 14 -839 Civil : CIVIL ACTION -LAW STIPULATION TO VACATE JUDGMENT ENTERED BY CONFESSION, WITHOUT PREJUDICE TO RE- PILING The parties hereto, intending to be legally bound, hereby stipulate and agree as follows: 1. That the Defendant in the above captioned matter, Matthew Gruschow (hereinafter " Defendant"), hereby stipulates and agrees that each and every allegation set forth in the Complaint filed to the above captioned matter (the "Complaint ") is true and SO /b0 39 d Exhibit "A" WHOa3Q311dVA LTEOZE6LTL 5E :9T tTOZ /IE /c0 correct and that Defendant does not have any defense to the allegations set forth in the Complaint or the judgment entered to the above captioned matter. 2. That pursuant to the terms and conditions set forth in the Agreement to Bring Current Certain Obligations and to Vacate Judgment Entered Against Matthew Gruschow Without Prejudice to Re-filing Judgment signed by the parties hereto on even date herewith, the judgment entered by confession to the above captioned matter on February 14, 2014 in the principal amount of $108,014.77, is hereby vacated, without prejudice to Members 1g filing one or more judgments by confession or otherwise in connection with Commercial Guaranty which is the subject of the Complaint filed in the above captioned matter. This stipulation is entered into by and between the parties this 2h L-t% day of March, 2014. 50/SO 39Vd he , Defendant WHOS313778VA edebohm, q. legal counsel for Plaintiff, Members Federal Credit Union LIEUEELTL 96:9T tIOZ/TZ/E0