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HomeMy WebLinkAbout06-0499 Robert D. Kodak, Esquire Supreme Court I.D. 18041 KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PAl 71 08- 1848 717-238-7151 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C:k - 1-/99 Civ;tT~ CORNERSTONE FEDERAL CREDIT UNION Plaintiff CLYDE E. DeHART, JR. Defendant CIVIL DIVISION - LAW CONFESSED JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of authority, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess Judgment in favor of Plaintiff and against Defendant as follows: Principal Amount Due .......................................... $ 736,967.83 Interest Amount Due ............................................ $ 8,891.95 Late Fee ...................................................... $ 308.83 Sub-Total. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . .. . .. . . $ 746,168.61 Monies to be Applied. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. $ -2,351.22 Attorney Collection Fees ....................................... $ 111.572.60 TOT AI. ...................................................... $ 855.389.99 Judgment entered as above. ~~ Robert D. Kodak, Esquire Attorney for Defendant Supreme Court J.D. No. 18041 p~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O<s. - J.fqr elf..>L~8'_),.l CORNERSTONE FEDERAL CREDIT UNION Plaintiff CLYDE E. DeHART, JR. Defendant CIVIL DIVISION - LAW CONFESSED JUDGMENT CONFESSED JUDGMENT COMPLAINT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for Confession of Judgment and avers the following: 1. Plaintiff is CORNERSTONE FEDERAL CREDIT UNION, a financial institution duly organized and existing under Federal laws, with its principal office and place of business at 5 Eastgate Drive, Carlisle, Cumberland County, Pennsylvania 17013-0927. 2. Defendant is CLYDE E DeHART, JR., an adult individual, who maintains an address of 1552 Holly Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. In an effort to induce Plaintiff to extend credit to him, Defendant did enter into a Promissory Note dated AprilS, 2005, for a face amount of Seven Hundred Forty-Six Thousand ($746,000.00) Dollars, plus interest at the rate of Seven and Three-Quarter (7.750%) percent per annum. A true and correct copy of said Promissory Note is attached hereto, marked as Exhibit "A" and made a part hereof. I' :llJ SERIIJON N I EJ OICONFJ U DG\ WO RKI0503 77 cmcstone-dehart. wpd:09J an06 4. Defendant has defaulted on the payment of said Promissory Note under the tenns and conditions as set forth on said Promissory Note found at Exhibit "A" and made a part hereof 5. The attached instrument has not been assigned. 6. Judgment has not been entered on the attached instrument in any jurisdiction. 7. Defendant is further liable for interest as aforesaid in the amount of eight Thousand, Eight Hundred Ninety-One Dollars and Ninety-Five Cents ($8,891.95), and continues to accrue at the per diem rate of One Hundred Fifty-Eight Dollars and Sixty-five Cents ($158.65), as more fully set forth on Plaintiffs Statement of Account attached hereto, marked as Exhibit "B" and made a part hereof 9. By virtue of the foregoing, the Defendant is indebted to the Plaintiff as follows: Principal Amount Due .......................................... $ 736,967.83 Interest Amount Due ............................................ $ 8,891.95 Late Fee ...................................................... $ 308.83 Sub-Total. . . . .. . .. . .. . . . . . . . . . . . . . . .. . .. . .. . .. . . . . . . . . . . .... .. $ 746,168.61 Monies to be Applied. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ -2,351.22 Attorney Collection Fees ....................................... $ 111.572.60 TOTAL ...................................................... $ 855,389.99 10. Plaintiff is entitled to Judgment in favor of Plaintiff and against Defendant in the sum of Eight Hundred Fifty-Five Thousand, Three Hundred Eighty-Nine Dollars and Ninety-Nine Cents ($855,389.99) by reference to the attached instrument, and by reason of Defendant's default as more fully set forth hereinabove. F:IUSERIBONN IEJOICON F JUDGI WO R K 10503 77 cmrstone-dehart. wpd:09.1an06 2 WHEREFORE, Plaintiff demands Judgment in the sum of Eight Hundred Fifty-Five Thousand, Three Hundred Eighty-Nine Dollars and Ninety-Nine Cents ($855,389.99), plus interest thereon at the per diem rate of One Hundred Fifty-eight Dollars and Sixty-Five Cents ($158.65) from the date of Judgment as authorized by the warrant appearing in the attached instrument. Respectfully submitted, KNUPP, KODA -J< IMBLUM, P.e. .~. ~. -~/ ~~ --, Robert D. Kodak Attorney for Plaintiff 407 North Front Street Post Office Box # 11848 Harrisburg, P A 1 7108-1848 (717)238-7151 Fax: (717)238-7158 Attorney I.D. No. 18041 F :IU SERIIlONN lEJOICON FJ UDGI WORKI0503 77 crnrstone-deharl. wpd:09Jan06 LOAN NUMBER 1005-000002 NOTE AMOUNT $746,000.00 LOAN NAME Clyde E DeHart Jr. INDEX IwlMarginl Not Applicable ACCT. NUMBER NOTE DATE 04/08105 MATURITY DATE 04108/1 0 lNITIALS RLK LOAN PURPOSE Commercial RATE 7.750% Creditor Use Only PROMISSORY NOTE (Commercial - Single Advance - Fixed Rate) DATE AND PARTIES. The date of this Promissory Note (Note) is April 8, 2005. The parties and their addresses are: LENDER: CORNERSTONE FEDERAL CREDIT UNION 5 Eastgate Drive P.O. Box 1181 Carlisle, Pennsylvania 17013-0927 Telephone: (717) 249-1661 BORROWER: CLYDE E DEHART JR. 1552 Holly Pike Carlisle, Pennsylvania 17013 1. DEFINITIONS. As used in this Note, the terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note, individually and together with their heirs, successors and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Note, "You" and "Your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or company that acquires an interest in the Loan.. B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note. e. loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note. D. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan. E. Percent. Rates and rate change limitations are expressed as annualized percentages. 2. PROMISE TO PAY. For value received, I promise to pay you or your order, at your address, or at such other location as you may designate, the principal sum of $746,000.00 (Principal) plus interest from April 8, 2005 on the unpaid Principal balance until this Note matures or this obligation is accelerated. 3. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 7.750 percent (Interest Rate). A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full. 8. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note or obligation will be limited to the Maximum Lawful Amount of interest allowed by state or federal law. Amounts collected in excess of the Maximum Lawful Amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. C. Accrual. During the scheduled term of this Loan interest accrues using an Actual/360 days counting method. 4. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, the fees and charges listed on the APPENDIX: FEES AND CHARGES, which is attached to and made part of this Note. 5. REMEDIAL CHARGES. In addition to interest or other finance charges, I agree that I will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Note. A. Late Charge. If a payment is more than 15 days late, I will be charged 5.000 percent of the Unpaid Portion of Payment. I will pay this late charge promptly but only once for each late payment. 6. GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and me as part of this Loan, as modified, amended or supplemented. Upon execution of this Note, I represent that I have reviewed and am in compliance with the terms contained in the Commercial Loan Agreement. 7 . PAYMENT. I agree to pay this Note on demand, but if no demand is made, I agree to pay this Note in 60 payments. This Note is amortized over 240 payments. I will make 59 payments of $6,176.69 beginning on May 8, 2005, and on the 8th day of each month thereafter. A single" balloon payment" of the entire unpaid balance of Principal and interest will be due on April 8,2010. Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this Note will be applied first to any charges that I owe other than principal and interest then to interest that is due, and finally to principal gree to a different application of payments, we will describe our agreement on this Note. The acEXHIBlT ent will depend on my payment record. Clyde E DeHart Jr. j Pennsylvania Promissory Note .n PAI4XXmsnodyOOa151000045S8014040605N . ~ ., St. Cloud, MN ~.. InitialsCtJ Page 1 8. PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment wilt not eS<cuse any later scheduled payments until 1 pay in full. 9. LOAN PURPOSE. The purpose of this Loan is to payoff a sales agreement, provide consolidation and to fund improvements. . 10. SECURITY. This Loan is secured by separate security instruments prepared together with this Note as follows: Document Name Mortgage - 1552-1554 Holly Pike Leases And Rents Assignment - 1552-1554 Holly Pike Parties to Document Clyde DeHart Jr. Clyde DeHart Jr. 11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F .R. 591), as applicable. 12. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Note. (1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substitute or impair any Property securing this Note. (4) You, or any institution participating in this Note, may invoke your right of set.off. (5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations. (6) I agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guarantying or relating to this Note. B. No Waiver By lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or other Loan documents, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. 13. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. 14. APPLICABLE LAW. This Note is governed by the laws of Pennsylvania, the United States of America and to the extent required, by the laws of the jurisdiction where the Property is located. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this Note, you do so for your sole benefit. 15. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My obligation to pay this Loan is independent of the obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on this Loan, or any number of us together, to collect this Loan. Extending this Loan or new obligations under this Loan, will not affect my duty under this Loan and I will still be obligated to pay this Loan. The duties and benefits of this Loan will bind and benefit the successors and assigns of you and me. 16. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing and executed by you and me. This Note is the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 17. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note. 18. NOTICE. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed to be notice to all parties. I will inform you in writing of any change in my name, address or other application information. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. 19. CREDIT INFORMATION. I agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. 20. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs inclUding by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. Clyde E DeHart Jr. Pennsylvania Promissory Note PA/4XXmsnody00815100004558014040605N 0:>1996 Bankers Systems, Inc., St. Cloud, MN ~.. Initials {i2) Page 2 WARRANt OF AUTHORITY TO CONFESS JUDGMENT. Upon default. in addition to all other remedies'and rights available to you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice. service of process. and process. l agree and understand that judgment may be confessed against me for any unpaid principal. accrued interest, and accrued charges due on this Note. plus collection costs and reasonable attorneys' fees up to 15 percent of the judgment. The exercise of the power to confess judgment win not exhaust this warrant of authority to confess judgment and may be done as often as you elect. I further understand that my property may be seized without prior notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver. By signing immedi,telY },~W' 1 agree to the terms of the CONFESSION OF JUDGMENT section. <,/ /, Clyde E DeHart Jr. Individually 21. SIGNATURES. By signing under seal, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note. BORROW~ Clyde E DeHart Jr. Individually LENDER: corner~ Federal Credit ~n ~ By w.n nJ '1><, 1 f\ Ro~)ne L..~.a,in~,~C....o/~rstone FCU Iic-. 'Iit?f)/j. H'..~1c~ fA Itest) . . U' ,---' ISeal) ISeal) Clyde E DeHart Jr. Pennsylvania Promissory Note PA/4XXmsnody0081510000455B014040605N <0'996 Bankers Systems, Inc., St. Cloud, MN ~ Initials@ Page 3 As described and charges. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded If I prepay this Note before the scheduled maturity date, Loan Origination. A(n) Loan Origination fee of $450,00 payable from separate funds on or before today's date. Flood Life of Loan Certification. A(n) Flood Life of Loan Certification fee of $15.00 payable from separate funds on or before today's date. Document Preparation. A(n) Document Preparation fee of $550.00 payable from separate funds on or before today's date. APPENDIX: FEES AND CHARGES in the ADDITIONAL CHARGES section of the attached Note. I agree to pay, or have paid, these additional fees Clyde E DeHart Jr. Pennsylvania Promissory Note PA/4XXmsnodyOOB15 1 00004558014040605N 11:I1996 Bankers Systems, Inc., St. Cloud, MN ~.. lnitialsm Page 4 G @ JAN-06-2006 FRI 03:04 PM 1213012005 near Clyde Dehart: CORNERSTONE, F. C, U 7172491601 p, 02 As of 1/312006 the payoff amount for loan 1005-000002 is as follows: Principat Interest LateF ee Penalty Amount Other Fees T alai Due Daily Accrual 736.967.83 8,891.95 308.83 0.00 0.00 $746,168.61 $158.65 Amounts in escroW La be applied LO Mr. Dehart's loan balance: $1,351.22 - CFCU account balances 1,000.00 - rent check from tenant $2,351.22 - TOTAL EXHIBIT I~ JAN-09-2006 15:07 KNUPP KODAK & IMBLUM 717 238 7t58 P.06 VERIFICATION I, DAVE KEFFER, CEO of CORNERSTONE FEDERAL CREDIT UNION, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 94904, relating to unsworn falsification to authorities. CORNERSTONE FEDERAL CREDIT UNION Dated: 1- 13 - (')6 i1v~'t) b ~- Dave Keffer, CEO ) 3050377 F:IUSERIBONNIEJOICONFJUDGI WORKI0503 77 cm"tone-dehart.wpd:09Jan06 () ~ (:, tv ~ - -0 ~ \f- VI ~ - () ~ (,.., ,n) - .\ W '6 -:U --~ \>oJ c_,. "3 Vr ""'Q r . - ~ ~ ( ~ ~ - - - ~ r -L. ..-/--.-.---.--..----......---- CORNERSTONE FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0(" - 499 ClUte 't~ CLYDE E. DeHART,JR. Defendant : CIVIL DIVISION - LAW : CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: CLYDE E. DeHART, JR., DEFENDANT A Judgment in the amount of $855,389.99 plus interest at the rate of $158.65 per diem has been entered against you and in favor of Plaintiff without a prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the Judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the Judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NOT FEE. CUMBERLAND COUNTY BAR ASSOCIA nON TWO LIBERTY A VENUE CARLISLE PA 17013 (717) 249-3166 ROBERT D. KODAK, ESQUIRE POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7151 ATTORNEY FOR PLAINTIFF " c c, CORNERSTONE FEDERAL CREDIT UNION Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (2i<>~l~~ NO. DiP - 49r CL YDE E. DeHART, JR. Defendant CIVIL DIVISION - LAW CONFESSED JUDGMENT PLAINTIFF'S AFFIDA VITIA VERMENT CONFESSION OF JUDGMENT FOR MONEY (x) Pursuant to Pa. R.C.P. No. 295I(1)(2)(ii), I certifY that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A conswner credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY () Pursuant to Pa. R.C.P. No. 297](1)(1), I certify that this judgment is not being entered against a natural person in connection with a residential lease. ............... The above certification is made subject to the penalties of ] 8 Pa. authorities. Fph 904 relating to unsworn falsification to Dated: Robert D. Kodak, Esquire Attorney for Plaintiff J.D. No. 18041 Address: Knupp, Kodak & Imb]um, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, PAl 7] 08-1848 (717) 238-7151 Fax: (717) 238-7158 F:IUS ERIBONN I E.lOICON E J U DGI WORKI0503 77 cmrstone-dchart. wpd:09Jan06 :-:~j ..~.. CORNERSTONE FEDERAL CREDIT UNION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ~ NO. Ofo - .L.fqr CIVIL DIVISION - LAW CONFESSED JUDGMENT C. iULL '--r ~ CLYDE E. DeHART, JR. Defendant TO: Clyde E. DeHart, Jr., Defendant You are hereby notified that on...)';:].) ;15 ,2006, Judgment by confession was entered against you in the sum of $855,389.99 plus interest @ $158.65 per diem in the above-captioned case. DATE: ~r- 2006 pm~~? 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. I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence: "52 HOLLY"'", CARLI~ ~ Robert D. Kodak, Attorney for Plaintiff A CLYDE E. DeHART, JR., Demandado(s) Por este medio sea avisado que en el dia de 2006, un fallo par admision fue registrado contra usted por la cantidad de $855,389.99 plus interest @ $158.65 per diem del case antes escrito. Fecha: el dia de de 2006. Protonotario LLEVE EST A DEMANDA A UN ABODAGO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TlENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO P A E GUlR DONDE SE PUEDE CONSEQUlR ASIST ANCIA LEGAL. Robert D. Kodak, Abogado(a) de Demandante(s) CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166