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HomeMy WebLinkAbout07-0521 .{) ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007- 6"'~,1 CIVIL TERM DENNIS L. GLESSNER and DIANE L. GLESSNER, husband and wife, Defendants CIVIL ACTION-LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 5'"~ I CIVIL TERM DENNIS L. GLESSNER and DIANE L. GLESSNER, husband and wife, Defendants CIVIL ACTION-LA W COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets forth the following: 1. The Plaintiff is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendants, Dennis L. Glessner and Diane L. Glessner, husband and wife, are adult individuals residing at 22 Spring Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On or about October 27,2001, Dennis L. Glessner and Diane L. Glessner, made, executed and delivered the same day a written Promissory Note ("Promissory Note") to Orrstown. 4. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and is incorporated by reference. 5. On or about October 27,2001, Dennis L. Glessner and Diane L. Glessner, executed and delivered a Consumer Security Agreement ("Security Agreement") to Orrstown Bank. 6. A true and correct copy ofthe Security Agreement is attached hereto as Exhibit "B" and is incorporated herein by reference. 7. Defendants have defaulted under the terms and conditions of the Promissory Note by failing to make payment of principal and interest due on October 1,2006, November 1,2006, December 1,2006 and January 1,2007. 8. Under the terms of the Promissory Note, if any monthly payment of principal and interest is not made when due or any other obligation of the Promissory Note is not met, then the entire indebtedness owing on the Promissory Note shall become due and payable immediately at the declaration of Orrstown. 9. Orrstown has exercised its option and declared the entire indebtedness due and owmg. 10. The Promissory Note provides, in relevant part, as follows: ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note in do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including 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, I also will pay any court costs, in addition to all other sums provided by law. 11. The following amounts are presently due on the Promissory Note calculated to Principal $38,085.92 Interest to January 17,2007 (per diem of $11.48 ) $ 914.56 Attorney fees (set for this Complaint as 10% of principal debt) $ 3,808.59 Late charges $ 20.00 TOTAL: $42,829.07 COUNT I BREACH OF CONTRACT ORRSTOWN BANK v. DENNIS L. GLESSNER AND DIANE L. GLESSNER 12. Plaintiff incorporates by reference paragraphs one through eleven as though set forth at length. 13. Dennis L. Glessner and Diane L. Glessner have breached the terms of the Promissory Note by failing and refusing to pay the amounts due thereunder. 14. All conditions precedent to recovery have been fulfilled. 15. As a direct and proximate result of the breach by Dennis L. Glessner and Diane L. Glessner, Orrstown has incurred the loss of $42,829.07 and these damages will continue to accrue. WHEREFORE, Plaintiff requests judgment in its favor and against the Defendants for the sum of $42,829.07 plus additional interest, costs, expenses and attorney fees all in amount not in excess of the limits requiring compulsory arbitration. Respectfully submitted, N'B~C&rX David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff da b.dir/o rrstown bank/glessner/com plaint. pld 01/23/2007 13:52 71 72495755 DES PAGE 07 VERIFICATION The statements in the foregoing Complaint are based upon information. which has been assembled by my attomey in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best ofmy knowJedge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsifications to authorities. DATE: /~ ~ If, ()? ~~ 9J~ Betsy J. Smith, Collector Orrstown Bank PROMISSORY NOTE References In the shaded area are for Lendsr's use only end do notlimlt the appllcabllty of tl'lls dOCument to any par1lcular Ioe.n or ltem- Any item above containing "..... has ben omitted due 10 ttrXllength Ilmnanons. Borrower: DJ:NNIS L GLESSN~R (SSN: 182-44-2861) DIANE L GLESSNER (SSN: 1611-48-7900) 22 SPRING DR SHIPPENSBURG, PA 11257 Lender: ORRSTOWN BANK KING STREET OFFICE 77 EAST KING STREET POBOX 250 SHIPPENBBURG, PA 17257 Principal Amount: $43,890.02 Interest Rate: 11.000% Date of Note: October 27,2001 Maturity Date: November 1, 2016 PROMISE TO PAY. I ("Borrow.") JoIntly lInd "V8rally promise to pay to ORRSTOWN BANK ("Lender"), or order, In lawful money of the United States Of America, the princIpal amount of Forty-three Thousand EIght Hundred Nlnely . 02/100 Dollars ($43,890.02), together WIth Interest at the rate of 11.000% per annum on the Unpaid prlnC:lpal balanc:e from November 1, 2001, until Plldln full. PAYMENT. I wKI pay this loan on demand. Payment in full is due immediately upon Lender's demtllld. If no demand Is made, I Will pay IhlS loen In 180 payments ot $498.95 eat:h payment. My flrsl payment la due December 1, 2001, end 811 subsequent payments are due on the same day of NCh month after thai, 1 will continue to make payments on this 10M until this Note Is paid In fUll or until Lender makes demand for payment In fUll, WhiChever occura flrSI. Unleas otherwise agreed or required by applicable law, peymenl$ will bo applied first to accrued unpaid Interest, then to any unpaid credlllnsunmce charges, then to prinCipal, and any remalnlng amount to any unpaid collection ~sts lmd late Charges. Interest on this Note Is ~mpuled on a 38!if385 slmplo intol"O$l basis; that is, by applyIng the rlllo Of the annual Interest rate over the number or day. In a yelt, multiplied by the outstanding princIpal balance, multiplied by Iho actual number of days the prIncipal balance 18 outstanding. I Will pay Lender at Lender's ac:Idre8S Shown above or ilt such other place 18 lender may desIgnate In writing. PREPAVMENT, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless Qgreed to by Lender In writing, relIeve me of my obligation to contInue to make payments under the payment SChedUle. Rather, early paymenls will reduce the principal balance due and may result In my making fewer payments. If I prepay this loan in full, I will receive a rebate of any unllarned Insurance premiums. t agree not to send Lender payments marked "paid In lull", 'WIthout recourse". or similar language. If I send such a payment, Lender may acceplll without losing any of Lender's rlghts und9r this Note, and I will remsln obligated to pay any further amount owed to lender, All written communications concernIng disputed amounts, InclUding any check or other payment Instrument that IndlClltes that the payment constitutes "payment in full" at the amount owed or that is tendered with other conditions or limitations or as full satlsfactlon of 9. disputed amount must be mal/ed or delivered to: ORRSTOWNBANK,P,O. BOX 250 SHIPPENSBURG,PA 17257. L.ATE CHARGE. If a payment is 16 days or more late, I will be charged $2.60. INTEREST AFTEA DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear Inferest from the date of acceleration or maturtty at the Interest rate on this Nole_ The Interest rate will not QXceed the maximum rate permitted by applicable law. LENDER'S RIGHTS. Upon Lender's demand, Lender in most cases will send me a noHce of default by registered or certified mall. If I do not curll the default within thirty (30) days from the postmar1<ed dale at the notice, Lender may declare the entire unpaid prlnclpal balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount, If, however, (8) I have abandoned the Properly, (b) I previously have been given two (2) notices of default within a One (1) year period, or (0) other extreme circumstances exist which jeopardize the Property, Lender may, attar giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid IntarestlmrllQdlat9ly due, and then I will pay that amount. ATTORNEYS' FEES; EXpeNSES. Lender may hire or pay someone else to help collect thIs Note If I do nol pay. I will pay Lender that amount. This Includes, subJeclto any IImlls under applicable law, lender's atlomeys' fees and Lender's legal expenses, whether or not there Is a laWSuit, Including attorneys' leas, expenses for bankruptcy proceedings Oncludlng efforts to modify or \laCate any automatic stay or InJunction), and appeals. If not prohlblled by applicable law, I also will pay any oourl costs, In addlllon to all other sums provided by law. RIGHT OF SETOFF. To the extent permitted by applicable law, lender reserves a right of setoff In all my accounts with Lender (whether checking, sQvlngs, or some other account). This Includas 1I1111ccounls I hold Jointly wllh someone else and all accounts I may open in the future. However, this does not Include any IRA or Keogh accounts, Of any trust accounts for whIch seloff would be prohibited by law. I authorize Lender, to the extent permllled by applicable law, to charge or 5etoff all sums OWing on the Indebtedness against any and all such accounts, and, at Lender's opllon, to administratively freeze all suoh aCCOUnts to allow Lender to prol8ct Lender's oharge and setOff rights provlded In this paragraph_ CREDIT INSURANCE.I have chosen to purchase Single Life and Single Disability Insurance for Ihls loan. Information concernIng the premIums and the term 01 this Insurance are set forth In the Disbursement Request and Authorization, all the terms and conditions of which are hereby Incprporaled and made a part of this Note. PROPERTY INSURANCE. I understand lhat lam required to obtain insurance for the collateral securing Ihls Note. Further Informallon concerning Ihis requirement Is set forth In the secUrity Agreement and In the Agreement to Provide Insurance, all the terms and conditIons of which are hereby incorporated and made a pari of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assIgns, and shall inure to the benefit of Lender and its successors and assigns, NOTtFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES.. Please notify us If we report any Inaccurate Informallon about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracyQes) should be sent to us at the following address: OAASTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of ils rights or remedies under this Note without losing them_ I and any other person who sIgns, guarantees or endorses this Note, to the exlent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In tile terms of this Note, and unless otherwtse expressly stated In writing. no party who signs thIs Notll, whether as maker, guarantor, accommodallon maker or endorser, shall be released from liability. All sUch parlles agree tnatl..ender may renew or extend (repeatedly and for any length of lime) this IOQn or relllB.&a any party or guarantor or collateral; or impair, fail to realize upon or perf8ct Lender's eecUrlty Interest In the collateral. All such partIes also agree that Lender may modify this loan wllhoutthe consent of or notice to anyone other than the party with whom the modification is made, The obllgallons Under this Note are Joint aM several. This means that the words "I", "me", and "my" mean each and all of the persons signing billow. EXHIBIT "A" Loan No: 130029878 PROMISSORY NOTE (Continued) Page 2 PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BB..OW. I, AND l!ACH OF us, AGRI!E TO THE TEAMS OF THE NOTE. _ I ACKNOWLEDGE 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 I :rRUMENT ACCORDING TO LAW. NOTICE TO COSIGNER You ere being asked to guarantee lhl$ debt. ThInk carefUlly before you dO. If Ihe bOrrower doesn't pay Ihe debt, you Will have to. Be aure you can afford to PIIY if you lulve to, and that you want to accept this rnponslbility. Vou may have to pay up to the full amount of the debllf Ihe borrower does nol pay. Vou may also have to pay Ille 'ees or collect/on CO$t., WhICh Increase thIS amount. . The Lender can collect thl. debt from you without first trying to collecl from !he borrower. The Lender can Uli8 the same collection methods llgeinsl YOl.lthll1 can be UE llgeinsllhe borrower. such 88 suing you. garnishing your wages. etc. If Ihls deblls ever In default, Ihat fact may become Il pIIrt of YOUR credit rllCOrd. Thi8 notice 18 not the contract that makes you liable for the debt. LASe. 'JlD Llft.In". "".J.II..O.oa C.pr'."41l'laM P'..IM..I'-"rUDtlI, Utt. 1"7. tOOl. An RlG"I. ftlllllll'vtd. .. ,",1\ C~c:f1u.rt.\elO.Fc l"A-lOel ""4 CONSUMER SECURITY AGREEMENT Grantor: References In the Shaded area are for Lender's use only and do not limit the applicability of this document to .ny partJcullll' 1000n or Item. An Item above contalnln ...... has been omitted due to texllen tll limitations. DENNIS L GLESSNER (SBN: 182-44-2851) DIANE L GLESSNeR (SSN: 180-48-7900) 22 SPRING DR SHIPPENSBURG, PA 17257 Lender: ORRSTOWN BANK KING smEET OFFICE 77 EAST KING S'rREI!T POBOX 250 SHIPPEN8BURG, PA 17257 THIS CONSUMI!R seCURITY AGREEMENT dated October 27, 2001, Is entorod Into between DENNIS L GLESSNER end DIANE L GLESSNER (referred to belOW as "I") and ORRSTOWN BANK (referred to belOW atl "Lender"). GRANT OF SECURITY INTEREST. To Aecura the Indebledn818 desCribed beloW (InCluding 811 ObligatIOns under the Note and this Agreement), I grant to I.ender III security Interest In all of Ihe Property de$crlbl.ld below. I understand that the fOROWIng statements se1 forth my responSibilitIes, 1lI9 well illS Lender's rights concerning the Properly. I agree as follows: PROPERTY DESCRIPTION. The word "Property" as used in this Agreement means the following descrtbed property in which I am giVing to l.ender 8 security interest for the payment of the Indebtedness and performance of all other obligations under the Note and this Agreement: 1992 REDMAN (Serial Number 12223866) Located al: 22 SPRING DR SHIPPENSBURG, PA 11267 In addition, the word "Property" also indudes all the following: any and all aCC8S5ions, attachments, accessories, replacements and additions to any of the property described hereIn (such as tires or batteries attached to a car, a motor attached to a bOQt, or applillnces IInd fixtures attached to a mobile home), whether added now or later, together with all proceeds Qncludlng Insurance proceeds and refunds of insurance premiums) if any, and sums due from a third party who has damaged or destroyed the Properly or from that party's inSUrer, whether due to judgment, settlement or other process. Despite any other provtslon of this Agreement. Lender Is not granted, and will not have, a nonpurchase money securtty Interest In household goods. to the extent such a security Interest would be prohibited by applicable law. In addition, If because of the type of any Property, lI~ndar Is required to giVe a notice of the right to cancel undsr Truth in Lending for the Indebtedness, then Lender Will not have a security Interes! In such Property unless Ilnd until such a nollce Is given_ RIGHT OF SETOFF. To the extent permitted by applicable law. l.ender reserves a right of setoff In all my accounls with Lender (whether chBCking, savings, or some other account). This Includes all accounts I hold Jointly with someone else and all accounts I may open In the future. However. this does not Include any IRA or Kaogh accounts, or any trust accounts for which setoff would be prohibitgd by law. I authorize Lender. to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounb. lind, at Lender's option, to administratively fr9QZg all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. REPRESENTATIONS AND PROMISES WITH RESPECT TO GRANTOR. I repr9SQnt and promise to Lender that my correct legal name and address Is: DENNIS L GLESSNEFl, 22 SPRING DR, SHIPPENSBURG, flA 17257; and DIANE L GLESSNER, 22 SPRING DR, SHIPPENSBURG. PA 17257. REPRESENTATIONS AND PROMISES WITH RESPECT TO THE; PROPERTY. I represent and promise to Lender thaI: Ownership. I am the lawful owner of the Property_ The Property is freg and cigar of all loans, liens, security Interesls, mortgages, claims, and encumbrances except for those I have disclosed to Lender In wrlHng prior to my signing this Agreement. I agree to defend Lender's rights in the Property against the claims and demands of all persons. LocaUon of the Property, I agree 10 keep the Properly at my address shown ahova unless Lender tells me I can move It. If I move from my address shown above,to another locallon wllhln the same stale, I may move the Propgrly 10 my new addrsBS, but only if I give L.ender the new eddress in writing prior to my moving. In any event, I agree to keep Lender Informed at all times of my ourrent address. M~intenlllnce and InsUlllnce. I will keep the Property in good condltlon and repair. If the Properly Is damaged, lost or stolen. I Immediately will Inform Lender. I will keep the Properly fully Insured against all loss or damage by fIre, theft, collision, Qnd such other hazards ElS Lender may rgqulre from tlms to timB. The Insurance will be on terms, Including deducllble provisions and endorsements, that are satisfactory to Lsnder, Including stipulations that coveragQS will not be cancelled or diminished without at least len (10) days prlor wrltten notice to Lender and not Including any disclaimer of the Insurers liability for failure to give such nolice. I understand I may obtain Insurance from any Insulllnce company I may choose that is reasonably acceptable to Lender. I Will provide Lender with Ihe orlglnQllnsurance policy, or other proof satisfactory to Lender of the insurance coverage, together with all endorsemElnts reqUired by Lender, InclUding an endorsement n~mln9 Lender as the party to whom all losses will be pald- If Lender recelves Q refund 01 Qny Insurance premiums, I agree that the refund is Property covered by thIs Agreement. Lender may apply the refund to payment of any of the Indebtedness. Any Insurance policy which I deliver to Lender wHl be held to secure payment of the Indebtedness. Unm all Indebtedness is paid in full, Lender 15 authorized, but shall not be requIred, to file any proof of 10$&, adjust any toss, receive and receipt for any sum payable, surrender any policy, discharge and release any Insurer, endorse any loss or refund check or draft, and in general do In my names, or otherwise, any and all things with respect to the Insurance or any insurance proceeds. LicenSIng and Governmental RegUlatIons. I agree to keep the Properly licensed at all times as rI~quired by all applicable stats and federaflaws. In addllion, I agf88 to pay when due BlIllcense fees, taxes and assessmanls relating to the Property or the use of the Property. I further agree that the Property will not be used for any unlawful purpose or in violation of any statula, law, ordlnancs, or IllgUlatlon rel8tlng to the use. operation, or conlrol ofthe Property, InSpection. I agree that Lender or Lender's agents shall have the right from Hme to time to inspect the Properly wherever located_ Financing statements. I authorize Lender to file a UCC-1 financing statsment, or allernallvely. a copy of tl'llS Agreement to perfect Lender's security interest. At !.ender's request. I addillonally agree to sign all othe~ documents thet ere necessary to perfeel, protect, and continue !.ender's security intsrest in the Properly. this inclUdes making aure L.ender Is shown as the IIrst and only security interest holder on the litle covering the Property, I will pay all tiling lees, tllle transfer fees, and other foes and costs involved unless prohibited by law or unless Lender Is required by IQw to pay such fees and C09ts. I Irrevocably authortze Lender to execute financing slalaments and documents of title In my name and to execute all documents necessary to transfer lIt1e if there Is a defaUlt. Lender may file a copy of this Agreement as Q financing statement. If I change my name or address, or the name or address of any person granting a securtty Intelll9t under this Agreement cllanges, I will prompUy notify the Lender of SUCh Change. LENDER'S EXPENDITURES. If I fall (A) to keep the Properly free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required Insurancs on the Properly, or ee) to make repaIrs to the Property then Lender may do so. If any action or proceeding Is EXHIBIT "B" LQsn No: 130029678 CONSUMER SECURITY AGREEMENT (Continued) Page 2 commenced that would mslllr"'"y affect Lender's Interests In the Property, then l.ender on my behalf may, but Is not requlrecl 10, take Iny aaIIon that Lender believes to be approprftlte to protect l.ende~ Interesl5. All expenses inourred or paid by Lender for such purposes will then bear Intsnst at IhlI rate charged under the Note from the date IncurTsd or paid by Lender to the date of repayment by me_ AlIlluch expenses will become a part of the Indebtedness and, at Lender's opllon, will (A) be payable on demand: (8) be added to the balance of the Note and be apportloned among and be p8Y'lble with any Installment payments to become due during either (1) the term of any applICable III$UI'II1CII pOlicy; or (2) ~ A1malnlng t..-m of the Note; or (C) be treated as a balloon payment which will be dUe and payable at the Nole's maturity. The Agraemlllnt also win S8CUfIl payment of Ih8Ie amounts. The rights provided for in this paragraph shall be in addltlon to any other rights or any remedies to which Lender may be entlBed on account of any default. Any such action by Lender shall not be construed as cUrlng the default so as to bar Lender from any remedy that It otherwise would have Md. DEFAUl. T. I will be In Default If payment In fult is not made when due. LENDER'S RIGHTS. I may keep and use the Properly so long as I am not In default under this Agreement. If I am In defaul', IhlS Is What Lender may dO, In addition to 8IlY other rights Lender may have: Accelerate Indebtedness. In most cases, Lender will send me a noUce of defaull by reglst8l'ed or cettlfled mall. If lhe default Is not cured within thirty (30) days from the postmarked date of the noUce, Lender may declare alllndebtedn65slmmedlately due and payable. If. however, 0) I haw abandoned the Properly, (II) I have previously b99n giv9n two (2) notIces of dgfault within a one (1) yaar period, or (iii) other 9XIr&m9 clrcumstllncQS 9xtst which Jeoplll'dl2e the Property. Lender may, subject to any cure and notice provl$lons required by law, declare all Indebtedness Immediately due and payable, without nollce. Other Rights and RemedIes. In addition, Lender will have all the rights of a secured party under the Uniform Commercial Code and other applicable IIlW_ This maans, among other rights, that Lander may enter upon the premises at the address shown above and take the Property peaceably and sell It Lender may alSO, to the extent permllled by law, enter peaceably upon other premISes for the purpose of retaking tI\e Properly, and I consent 10 sUch entry. If the Properly contains any gOOds not covered by this Agreement al the lime of repossession, 1 agree that Lender may lake such goods, provided that Lender makes reasonable efforts to return them to me after repossession. If Lender asks me to do so, I will gather the Properly and make It available to Lender at a place reasonably convenient to both Lender and me. Application Of PrOCeeds. If Lender sells the Properly, Lender will apply the "net proceeds" Of the lat. to reduce the amount owed Lender. "Net proceeds" means the sale price less the expenses of repossession. repair. sale, and as provided below, attorneys' fees and other collection expenses. I agree thai, to the extent permitted by law, I will owe Lender any difference belween the amount of the Indebtedness and the net procellds Lender rec9ivss from th9 sale of Ihe Prop9rty. Notice. Unless the Property threatens to decline speedily In value or Is of a type oustomarlly sold on a recognized markel, Lender will gIve me, and other persons as required by law, reasonable noUee of the lime and place of any pUblic sale or of the ttme after which any private sale or any other Intended disposition of the Property is to be made. The requirements of reasonable notice shall be met if such notice is given at least ten (10) days before th9 tlm9 of the sale or dlsposltlon. lllCCeptlls otherwlse required by applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provlslons are a part of thIs Agreement: Amendments and InterpretaUon. (1) What Is written tn this Agreement Is my entire agreement with Lender concerning the Property. ThIs Agreement may not be chang9d except by another wlillen agrooment belwsen us, (2) If more than one parson signs below, our obligations are Joint and several. This means that the words "I," "me," and "my" mean each and every person or entity sIgning this Agreement, and that, If Lender brings a lawsuit, Lender may SUe anyone or more of Us. I also understand lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections In this Agreement are for convenience purposes only_ They are not to be used to interpret or define the provisions of this Agreement. (4) I agree Illat this Agreemen' Is the best evidence of my agreements with Lender. Attorneys' Fees; Expenses. I agree to pay all of Lender's costs and expenses, inclUding Lender's allorneys' fees end Lender's legal expenses, Inourred In oonnection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement or 10 colllCl the Indebtedness, and I shall pay the costs and expenses of such enforcement. Cosls and expenses Include Lender's attorneys' fges Bnd legal expern;es whether or not there 15 a lawsuit, Including attorneys' fees and legal expenses fer bankruptcy proceedings (IncludIng efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated Posl-judgment collection services. I elso shall pay all court oosts, in addition to all other sums provided by law. This Agreement also secures all of these emounts. Caption Headings. CapUon headings In this Agreement are for convenience purposes only and are not 10 be used to Interpret or deRne the provisions of this Agraament. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Agreament shall be given In writing, and shall be effective when actually delivered. when actually received by telaflil~lmlle (unless otherwise required by law), when deposited wIth a nationally recognized overnlgh' courier, or, if mailed, when deposil8d tn the United S'atss mall, as first class. oerttned or registered mall postage prepaid, directed 10 the addressGS shown nQQr the beginning of this Agreement. Any parson may change his or her address for nolices under this Agreement by giving formal wrttten notlce to the other person or persons, speclfylng ltlat the purpose 01 the notice Is to changa the person's address. For notloe purpoaes, I agree to keep Lender informed at all times of my current address. Unl1l55 otherwise provided by applicable law,lf there is more than one Grantor, any notice gIven by Lender to any Grantor is dgemed to be notice given to all Grantors. It will be my responSlbmty to tell the others of the notice from Lender_ NO Waiver by Lender. I understand Lender will not give up any 01 Lender's rights under this Agreement unless Lender does so In writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. It Lender does agree In writing to give up one of Lender's rIghts, that dOBS not mean I will not have to comply with the other provisions of this Agreement. I also understand that if Lender dOllS consent to a request, that dces not mean that I will not have to get Lender's consent again If the situation happens again_ I further understand that Just becausa Lender consenls to one or mom of my mquests, Ihat does not mean Lender will be required to consent to any of my future requests, I waive presentment, demand for payment, protest, a.nd notice of dishonor. Severability. If a court tlnds that any provision of thIs Agreement Is not valid or should not be enforced, that fact by il5ell will not mean that Ihe rest of this Agreement will not be valid or enforced. Therefore, a court will enforce Ihe rest of the provisions of this Agreement 9ven if a provision of this Agreement mllY be found to be Invalid or unenforcQablQ. Successor Interests. The terms of this Agreement shall be binding upon me. and upon my heirs, personal representalives, successors. and assigns, and shall b9 enforceable by Lender and ils successors and 85slgns. Time Is of the Essence. TIme Is of the essence in the performance of this Agreement. DEFINITIONS. The following Words shall have the following meanings when used In this Agreement: Agreement. The word "Agre9menf' means this Consumer Security Agreement, as Ihis Consumer Security Agreement may be amended or modified from time to lime, together with all exhibits and sch9dul9s attached to this Consumer Security Agrgement from time to time. ..... , . Loan No: 130029678 CONSUMER SECURITY AGREEMENT (Continued) P.ge3 eorrower. The word "Borrowe'" means DENNIS L GLESSNeR and DIANE L GLESSNER, and all other persona and entillea signing the NoIe. DefaUlt. The word "Default" means the DefaUlt sellorth In this Agreement In the section Hlled "Default", Grentor. ThB ward "Grantor" means DENNIS L GlESSNER and DIANE L GLESSNER. Indebtedne.. The word "Indebtedness. means the Indebtedness evidenced by the Note or Related Documents, incIucing aI prl~ end interest together with all ather Indebtedness and costs and expenses far which I am responsible under this Agreement or under any of the Rolal&d Dacumonts. Tha lions and socurily InlllrQSIs crll8tQd pursuant to this Agreemenl covering the Indebtedness which may be crealed In the future $hall relate back to the date of this Agreement. Lender. The word "Lender" means ORRSTOWN BANK, II! successors and assigns. The words "successors or assigns" mean any person or company that acquiras any inlllr9st in tho Nots. Not.. The word "Note" means the note or credit agreement dated October 27, 2001, in the principal amount 01 $43,890.02 from DENNIS L GLESSNER and DIANE L GLESSNER to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolldalons of and substitutions for the note or credit agreement. Property. The word "Property" means till of my right, 1II1e 8M Inlerestln and to all the Property as described In the "Property Descrlpllon" section of this Aglll9ment. I HAVE AEAD AND UNDEASTOOD ALL. THE PROVISIONS OF THIS CONSUMER SECURITY AGREEMENT AND AGREE TO ITS TERMS. THIS AGREEMENT IS DATED OCTOBER 27, 2001. THIS AGREEMENT 18 GIVEN UNDER SEAL AND fT 19 INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE E;FFeCT OF SE:ALEb INST~UMeNT ACCOFtDING"O LAW. LMI!. !liDO I.MIIdIn.. tJ.r. S-la.1I.1N CD".lUra.,utFlntncIlISoluthUlI,l,u. 107, 2001. An F11lg1\tt Ruu"u. .. P^ C~\CFI\L"L\e:'G"C T~!'" "'~ 0 ,...." ::.::..:.:> ~~ C'::':.::> -..; ~ ..,,:') ~-, <- IT" J:-::-- V\ ~:;-: ~- N i ~ c.n l- ~ <J '-- 0 _ii..... ~ - 0) cl ""\::) f') ~ ~ \.0 ~ ~ ~ ~ ~ ~ o 11 -04 ~: ::!J r .1 f-.- ~"t.1:ll ~ :.!)C? :~j~~ V), c;5 ~,~~ ~~~ In ~ii -< II -~l ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-521 CIVIL TERM DENNIS L. GLESSNER and DIANE L. GLESSNER, husband and wife, Defendants CIVIL ACTION-LA W PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P.I037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendants, Dennis L. Glessner and Diane L. Glessner, for failure to file an answer to the Complaint of Plaintiff. A true and correct copies ofthe Notices of Default are appended hereto as Exhibit "A." A true and correct copies of the Certificates of Mailing for the Notices of Default are appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $42,829.07 as set forth in the Complaint plus interest in the amount of$562.52 for a total of$43,391.59. Respectfully submitted, David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 [' ;1- ,I i 'I " ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-521 CIVIL TERM DENNIS L. GLESSNER ;1 and DIANE L. GLESSNER, ,i husband and wife, Defendants CIVIL ACTION-LAW , I , :1 ;1 II TO: Ii " I Dennis L. Glessner 22 Spring Drive Shippensburg, Pennsylvania 17257 I' , ii ,I Date of Notice: February 20,2007 ., II 'i IMPORTANT NOTICE " Il YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCEPERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE ii COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE II THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR Ii CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND II OUT WHERE YOU CAN GET LEGAL HELP. I " Ii " i! Ii :1 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 i! 'I d i! ~2~R David A. Baric, Esquire 19 West South Street Carlisle, P A 17013 (717) 249-6873 " i: il I, ;! EXHIBIT "A" Ii II il ii L "- , I I II ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-521 CIVIL TERM , DENNIS L. GLESSNER and DIANE L. GLESSNER, husband and wife, Defendants CIVIL ACTION-LAW :1 TO: Diane L. Glessner 22 Spring Drive Shippensburg, Pennsylvania 17257 Date of Notice: February 20, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE Ii COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST , YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A :' JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICETO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND iI OUT WHERE YOU CAN GET LEGAL HELP. :1 I I: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 EN'~ARl~aR David A. Baric, Esquire 19 West South Street Carlisle, P A 17013 (717) 249-6873 :i i! " II Ii \ ii Ii L- U.S. POSTAL SERVICE CERTIFICATE OF MAlUNG One piece of ordinary mal addressed 10: OfJ\Ois. L. Gr\tS~'1er (A~ .s~ Dr\\l~ 'f ~pp~~, l'II niil51 PS Form 3817. January 2001 U.S, POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOes PROVIDE FOR INSURANCE-POSTMASTER ; Received From: D1 filtn) &rlc.-c:+ 6cnffif 1 q WESt -&>l4+h \Strfet C.arli~\f,.l fA nDI~ i.,'.... j~~- ~ . ::-;:- ,--b \. .". One piece of ordin81Y mall addressed to: DItlnt, L. G-\.t.SSnif ;),;), ~ritr\Vt. ~ens ~"\ fA \1~o7 PS Form 3817. January 2001 EXHIBIT "B" Q gt;B ~c:::J - ~c..c ~LT'I ~ n c:: m :D . :I>r.D :;0 ~~ :z -. r-,I' ~~~:i)=:-c z. -.-CIO -i 'vlm ~~ 0:> . -i ~J ~ :I> :I> C') 1'"1 .......~~.~. -'-~ , ,~ '. , q~> '~!i I \'~\ ~:; ~gl ~~ "' 'g.~,l.! ~~ ~Il\ ,'. :,::) ~ ~ q ".Ii" '.: ,; ..' c c -E:R- mo ~~ ~t-'r1 -on n c:: m :I> . :I>r.D :;0 (,~ 3 _.,....". ON....J...otJ:' C-C:)V)Jo-I~ z- _.r-c,o -i 'vl" (,~ <:> . -i ',j ~ :I> D C') (0 I I II 4- i~ I CERTIFICATE OF SERVICE I hereby certify that on March~, 2007, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Dennis L. Glessner Diane L. Glessner 22 Spring Drive Shippensburg, Pennsylvania 17257 ~ 4. David A. Baric, Esquire /'-...) =~ () C,:) II --' -, --:.;:"" ~ ~ :;::~ . :;Z) ~ ~ ~ I --.l ~ \J ~ -~ ""- -.4 ~' ~ ).J ~ N , ~ ~ U1 ~ 1..0 ~ ~ ~ II ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-521 CIVIL TERM DENNIS L. GLESSNER and DIANE L. GLESSNER, husband and wife, Defendants CIVIL ACTION-LA W NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Dennis L. Glessner 22 Spring Drive Shippensburg, Pennsylvania 17257 Notice is hereby given to you of entry of a judgment against you in the above matter. I~I ~, ,e. ~ Prothonot 9P L Date: 1vlau).;7. ;2 m? 'I ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-521 CIVIL TERM DENNIS L. GLESSNER and DIANE L. GLESSNER, husband and wife, Defendants CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Diane L. Glessner 22 Spring Drive Shippensburg, Pennsylvania 17257 Notice is hereby given to you of entry of a judgment against you in the above matter. /~/ tt4-. ~. ~ ProthonotarY~ L Date: 3/;/07 . ,- ,. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00521 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS GLESSNER DENNIS L ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GLESSNER DENNIS L the DEFENDANT , at 1700:00 HOURS, on the 29th day of January ,2007 at 22 SPRING DRIVE SHIPPENSBURG, PA 17257 by handing to DENNIS GLESSNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: ;;//$/01 Q- ~ 18.00 17.60 .39 10.00 .00 45.99 ,;;,""'~ 6:~ ~ R. Thomas Kline 01/30/2007 OBRIEN BARIC SCHERER before me this day Sworn and Subscibed to of . - ~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-00521 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS GLESSNER DENNIS L ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GLESSNER DIANE L the DEFENDANT , at 1700:00 HOURS, on the 29th day of January , 2007 at 22 SPRING DRIVE SHIPPENSBURG, PA 17257 by handing to DIANE GLESSNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 /' 16.00 "11b/" If ~ So Answers: '-'/~~ R. Thomas Kline 01/30/2007 OBRIEN BARIC SCHERER before me this day B~~~~4 Deputy Sheri f A.D. Sworn and Subscibed to of