HomeMy WebLinkAbout09-4704Steven J. Schiffinan, Esq.
PA Atty ID No. 25488
Merritt C. Reitzel, Esq.
PA Atty ID No. 92069
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff nn rr
v. No.
STANLEY M. DEIMLER and CIVIL ACTION-LAW
MARLENE J. DEIMLER,
Defendants
CONFESSION OF JUDGMENT FOR MONEY
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached
to the Complaint filed in this action, I appear for Defendants and confess judgment in favor of
the Plaintiff and against the Defendants as follows:
Note Number 500034947
Principal Balance: $544,054.33
Interest through 7/13/09: $24,158.69
Late Fees through 7/13/09:
Attorneys' Fees (10% of principal balance
and interest, as authorized by the Note):
TOTAL
$10,485.31
$56,821.50
$635,519.63 plus all
amounts advanced by Plaintiff pursuant to the Note and Mortgage, monthly late
charges from July 13, 2009 equal to 10% of the regularly scheduled monthly
payment or $25.00, whichever is greater, reasonable attorneys' fees, and interest
to the date of judgment at the accelerated Interest After Default rate of 13.000%
per annum.
Interest will continue to accrue after the date of judgment at the default rate.
Note Number 500040084
Principal Balance: $49,916.84
Interest through 7/13/09: $336.01
Attorneys' Fees (10% of principal balance
and interest, as authorized by the Note): $5,025.29
TOTAL $55,278.14 plus all
amounts advanced by Plaintiff pursuant to the Note and Mortgage, monthly late
charges from July 13, 2009 equal to 10% of the regularly scheduled monthly
payment or $25.00, whichever is greater, reasonable attorneys' fees, and interest
to the date of judgment at the accelerated Interest After Default rate, which is
currently 9.750%.
Interest will continue to accrue after the date of judgment at the default
rate.
Note No. 500050133
Principal Balance: $92,000.00
Interest through 7/13/09: $1,551.61
Late Fees through 7/13/09:
Attorneys' Fees (10% of principal balance
and interest, as authorized by the Note):
TOTAL
$124.57
$9,355.16
$103,031.34 plus all
amounts advanced by Plaintiff pursuant to the Note and Mortgage, monthly late
charges from July 13, 2009 equal to 10% of the regularly scheduled monthly
payment or $25.00, whichever is greater, reasonable attorneys' fees, and interest
to the date of judgment at the accelerated Interest After Default rate, currently
11.900%.
Interest will continue to accrue after the date of judgment at the default rate.
Note No. 500051461
Principal Balance:
Interest through 7/13/09:
Attorneys' Fees (10% of principal balance
and interest, as authorized by the Note):
TOTAL
$15,228.41
$105.37
$1,533.38
$16,867.16 plus all
amounts advanced by Plaintiff pursuant to the Note and Mortgage, monthly late
charges from July 13, 2009 equal to 10% of the regularly scheduled monthly
payment or $25.00, whichever is greater, reasonable attorneys' fees, and interest
to the date of judgment at the accelerated Interest After Default rate as defined in
the Note, currently 9.750% per annum.
Interest will continue to accrue after the date of judgment at the default
rate.
Total Amount of Judgment against Defendants:
Principal Balance:
Interest through 7/13/09
Late Fees through 7/13/09:
Attorneys' Fees (10% of principal
balance plus interest, as authorized
by the Loan Documents):
Total
Date: July A), 2009
$701,199.58
$26,151.68
$10,609.88
$72,735.33
$810,696.27
Respectfully submitted,
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
Phone: (717) 540-9170
Fax: (717) 540-5481
Attorneys for Plaintiff
Steven J. Schiffinan, Esq.
Attorney ID #25488
Steven J. Schiffman, Esq.
PA Atty ID No. 25488
Merritt C. Reitzel, Esq.
PA Atty ID No. 92069
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
PA ID Nos. 25488 & 92069
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
y T6?L
V. No. ?tv"l?`
STANLEY M. DEIMLER and CIVIL ACTION-LAW
MARLENE J. DEIMLER,
Defendants
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
Plaintiff files this complaint pursuant to Pa.R.C.P. 2951(b) for judgment by confession
and avers the following:
1. Plaintiff Mid Penn Bank is an independently owned community bank, with a business
address at 349 Union Street in Millersburg, Dauphin County, Pennsylvania, 17061.
2. Defendants Stanley M. Deimler and Marlene J. Deimler are adult individuals with a last
known address at 1147 Lambs Gap Road, Mechanicsburg, Pennsylvania, 17055.
Count I
The Note - Loan No. 500034947
3. Plaintiff restates all previous paragraphs hereof as if fully set forth under this heading.
4. On or about March 3, 2006, Plaintiff extended a loan to Defendants in the principal
amount of $544,054.00.
5. To evidence its indebtedness under the $544,045.00 ("the 2006 Loan"), Defendants
contemporaneously made, executed and delivered to Plaintiff a Promissory Note dated
March 3, 2006 ("the 2006 Note"). A true and correct copy of the 2006 Note, which
authorizes judgment by confession, is attached hereto as Exhibit A.
6. Contrary to the terms and provisions of the 2006 Note, Defendants failed to make
payments when due on the 2006 Loan.
7. Defendants' failure to make payments when due constitutes a default under the terms of
the 2006 Note and the related loan documents.
8. Under the terms of the 2006 Note, Plaintiff presently possesses the right to demand
payment by Defendants on the full amount due under the 2006 Note.
9. A default under the 2006 Note includes a default by Defendants under any other
agreement, instrument, note, indenture or other legally binding obligation between
Plaintiff and Defendants.
10. Under the terms of the 2006 Note, Plaintiff is entitled to collect attorneys' fees equal to
ten percent (10%) of the outstanding principal balance and interest.
11. The judgment sought herein is not against a natural person in connection with a consumer
credit transaction.
12. The attached instrument has not been assigned.
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13. Judgment has not been entered in any jurisdiction on the attached instrument authorizing
confession.
14. As the result of Defendants' default, the following amounts are now due to Plaintiff:
Principal Balance: $544,054.33
Interest through 7/13/09: $24,158.69
Late Fees through 7/13/09: $10,485.31
Attorneys' Fees (10% of principal balance
and interest, as authorized by the Note): $56,821.50
TOTAL
$635,519.63 plus all
amounts advanced by Plaintiff pursuant to the Note and Mortgage, monthly late
charges from July 13, 2009 equal to 10% of the regularly scheduled monthly
payment or $25.00, whichever is greater, reasonable attorneys' fees, and interest
to the date of judgment at the accelerated Interest After Default rate of 13.000%
per annum.
Interest will continue to accrue after the date of judgment at the default rate.
WHEREFORE, Plaintiff demands judgment by confession against Defendants in
the amount of $635,519.63, together with interest thereon, additional late fees, all other
amounts advanced by Plaintiff, and reasonable attorneys' fees.
Count II
The Note - Line of Credit Loan No. 500040084
15. Plaintiff restates all previous paragraphs hereof as if fully set forth under this heading.
16. On or about April 5, 2007, Plaintiff extended a line-of-credit loan to Defendants in the
amount of $50,000.00 ("the 2007 Line of Credit Loan")
3
17. To evidence its indebtedness under the 2007 Line of Credit Loan, Defendants
contemporaneously made, executed and delivered to Plaintiff a Promissory Note dated
April 5, 2007, ("the 2007 Note"). A true and correct copy of the 2007 Note, which
authorizes judgment by confession, is attached hereto as Exhibit B.
18. Contrary to the terms and provisions of the 2007 Note, Defendants failed to make
payments when due on the 2007 Line of Credit Loan.
19. Defendants' failure to make payments when due constitutes a default under the terms of
the 2007 Note and the related loan documents.
20. Under the terms of the 2007 Note, Plaintiff presently possesses the right to demand
payment by Defendants on the full amount due under the 2007 Note.
21. A default under the 2007 Note includes a default by Defendants under any other
agreement, instrument, note, indenture or other legally binding obligation between
Plaintiff and Defendants.
22. Under the terms of the 2007 Note, Plaintiff is entitled to collect attorneys' fees equal to
ten percent (10%) of the outstanding principal balance and interest.
23. The judgment sought herein is not against a natural person in connection with a consumer
credit transaction.
24. The attached instrument has not been assigned.
25. Judgment has not been entered in any jurisdiction on the attached instrument authorizing
confession.
26. As the result of Defendants' default, the following amounts are now due to Plaintiff-
4
Principal Balance: $49,916.84
Interest through 7/13/09: $336.01
Attorneys' Fees (10% of principal balance
and interest, as authorized by the Note): $5,025.29
TOTAL $55,278.14 plus all
amounts advanced by Plaintiff pursuant to the Note and Mortgage, monthly late
charges from July 13, 2009 equal to 10% of the regularly scheduled monthly
payment or $25.00, whichever is greater, reasonable attorneys' fees, and interest
to the date of judgment at the accelerated Interest After Default rate, which is
currently 9.750%.
Interest will continue to accrue after the date of judgment at the default
rate.
WHEREFORE, Plaintiff demands judgment by confession against Defendants in the
amount of $55,278.14, together with interest thereon, additional late fees, all other amounts
advanced by Plaintiff, and reasonable attorneys' fees.
Count III
The Note - Line of Credit Loan No. 500050133
27. On or about November 25, 2008, Plaintiff extended a line-of-credit loan to Defendants in
the amount of $92,000.00 ("the 2008 Line of Credit Loan").
28. To evidence its indebtedness under the 2008 Line of Credit Loan, Defendants
contemporaneously made, executed and delivered to Plaintiff a Promissory Note dated
November 25, 2008 ("the 2008 Note"). A true and correct copy of the 2008 Note, which
authorizes judgment by confession, is attached hereto as Exhibit C.
5
29. Contrary to the terms and provisions of the 2008 Note, Defendants failed to make
payments when due on the 2008 Line of Credit Loan.
30. Defendants' failure to make payments when due constitutes a default under the terms of
the 2008 Note and the related loan documents.
31. Under the terms of the 2008 Note, Plaintiff presently possesses the right to demand
payment by Defendants on the full amount due under the 2008 Note.
32. A default under the 2008 Note includes a default by Defendants under any other
agreement, instrument, note, indenture or other legally binding obligation between
Plaintiff and Defendants.
33. Under the terms of the 2008 Note, Plaintiff is entitled to collect attorneys' fees equal to
ten percent (10%) of the outstanding principal balance and interest.
34. The judgment sought herein is not against a natural person in connection with a consumer
credit transaction.
35. The attached instrument has not been assigned.
36. Judgment has not been entered in any jurisdiction on the attached instrument authorizing
confession.
37. As the result of Defendants' default, the following amounts are now due to Plaintiff
Principal Balance: $92,000.00
Interest through 7/13/09: $1,551.61
Late Fees through 7/13/09: $124.57
Attorneys' Fees (10% of principal balance
and interest, as authorized by the Note): $9,355.16
TOTAL
$103,031.34 plus all
amounts advanced by Plaintiff pursuant to the Note and Mortgage, monthly late
6
charges from July 13, 2009 equal to 10% of the regularly scheduled monthly
payment or $25.00, whichever is greater, reasonable attorneys' fees, and interest
to the date of judgment at the accelerated Interest After Default rate, currently
11.900%.
Interest will continue to accrue after the date of judgment at the default
rate.
WHEREFORE, Plaintiff demands judgment by confession against Defendants in the
amount of $103,031.34, together with interest thereon, additional late fees, all other amounts
advanced by Plaintiff, and reasonable attorneys' fees.
Count IV
The Note - Line of Credit Loan No. 500051461
38. On or about February 24, 2009, Plaintiff extended a line-of-credit loan to Defendants in
the amount of $50,000.00 ("the 2009 Line of Credit Loan").
39. To evidence its indebtedness under the 2008 Line of Credit Loan, Defendants
contemporaneously made, executed and delivered to Plaintiff a Promissory Note dated
February 9, 2009 ("the 2009 Note"). A true and correct copy of the 2009 Note, which
authorizes judgment by confession, is attached hereto as Exhibit D.
40. Contrary to the terms and provisions of the 2009 Note, Defendants failed to make
payments when due on the 2009 Line of Credit Loan.
41. Defendants' failure to make payments when due constitutes a default under the terms of
the 2009 Note and the related loan documents.
42. Under the terms of the 2009 Note, Plaintiff presently possesses the right to demand
payment by Defendants on the full amount due under the 2008 Note.
7
43. A default under the 2009 Note includes a default by Defendants under any other
agreement, instrument, note, indenture or other legally binding obligation between
Plaintiff and Defendants.
44. Under the terms of the 2009 Note, Plaintiff is entitled to collect attorneys' fees equal to
ten percent (10%) of the outstanding principal balance and interest.
45. The judgment sought herein is not against a natural person in connection with a consumer
credit transaction.
46. The attached instrument has not been assigned.
47. Judgment has not been entered in any jurisdiction on the attached instrument authorizing
confession.
48. As the result of Defendants' default, the following amounts are now due to Plaintiff:
Principal Balance: $15,228.41
Interest through 6/11/09: $105.37
Attorneys' Fees (10% of principal balance
and interest, as authorized by the Note): $1,533.38
TOTAL $16,867.16 plus all
amounts advanced by Plaintiff pursuant to the Note and Mortgage, monthly late
charges from July 13, 2009 equal to 10% of the regularly scheduled monthly
payment or $25.00, whichever is greater, reasonable attorneys' fees, and interest
to the date of judgment at the accelerated Interest After Default rate as defined in
the Note, currently 9.750% per annum.
Interest will continue to accrue after the date of judgment at the default
rate.
8
WHEREFORE, Plaintiff demands judgment by confession against Defendants in the
amount of $16,867.16, together with interest thereon, additional late fees, all other amounts
advanced by Plaintiff, and reasonable attorneys' fees.
Respectfully submitted,
SERRATELLI, SCHIFFMAN,
BROWN & CALIWON, P.C.
Mevft'C. Reitzel,lt
Attorney ID #92069
Steven J. Schiffman, Esq.
Attorney ID #25488
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
Phone: (717) 540-9170
Fax: (717) 540-5481
Attorneys for Plaintiff
Date: July 2009
9
PROMISSORY NOTE
References in the shaded area 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: Stanley M. Daimler (SSN: 161-341505) Lender: Mid Penn Bank
Marlene J. Daimler (SSN: 200-32-8478) Carlisle Pike Office
1147 Lambs Gap Road 4622 Carlisle Pike
Mechancisburg, PA 17055 Mechanicsburg, PA 17055
Principal Amount: $552,000.00 Interest Rate: 8.000% Date of Note: March 3, 2006
PROMISE TO PAY. Stanley M. Daimler and Marlene J. Daimler ("Borrower") jointly and severally promise to pay to Mid Penn Bank ("Lender"),
or order, in lawful money of the United States of America, the principal amount of Five Hundred Fifty-two Thousand & 00/100 Dollars
($552,000.00), together with interest at the rate of 8.000% per annum on the unpaid principal balance from March 3, 2006, until paid in full.
PAYMENT. Borrower will pay this loan in accordance with the following payment schedule:
The loan shall be payable over a term of twenty one years. Commencing May 1, 2006, the loan shall be payable in twelve (12)
consecutive monthly interest payments, then, commencing May 1, 2007, the loan shall be payable in fifty (50) consecutive monthly
principal and interest payments in the amount of $4,659.00, each, with interest calculated on the unpaid principal balance at a rate of eight
(8.0(%) percent per annum. Five (5) years from the note date the interest rate shall convert to a variable rate of one (1.00%) percent
above the Wall Street Journal Prime Rate ('Index"). The monthly installments shall be reviewed annually and reset based upon the then
outstanding principal balance, the remaining amortization period, and the interest rate, in an amount sufficient to maintain the original
amortization schedule. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have
been incurred will be due and payable in full on or before April 1, 2027.
Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to
any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note is computed on a 365/360 basis; that Is, by
applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual
number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writing.
PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty; A penalty of five percent
(5.00%) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the first loan year; a penalty of
four percent (4.000/6) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the second loan
year; a penalty of three percent (3.0(%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during
the third loan year; a penalty of two percent (2.001/6) of the outstanding loan principal balance at the time of prepayment If the prepayment
occurs during the fourth loan year; a penalty of two percent (2.00%) of the outstanding loan principal balance at the time of prepayment if the
prepayment occurs during the fifth loan year. The prepayment penalty shall be in effect for the original five (5) year interest rate period, and
shall renew upon adjustment of the Interest rate for any ensuing five (5) year interval, unless modified in writing. Notwithstanding anything to
the contrary, Borrower may prepay this loan, without penalty, from Internally generated funds. Except for the foregoing, Borrower may pay 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 to 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: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $25.00, whichever
is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law,
increase the interest rate on this Note 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If
judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in
this Note.
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.
raise 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 death of Borrower or the dissolution or termination of Borrower's existence as a going business, 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, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note.
PROMISSORY NOTE
Loan No: 500034947 (Continued)
Page 2
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.
Insecurity. Lender in good faith believes itself insecure.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
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 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, 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.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts,
and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lenders charge and setoff rights provided in this
paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
(A) a Mortgage dated March 3, 2006, to Lender on real property described as "Real Property located at North Enola Road and South Enola Drive,
Enola, PA 17025' and located in Cumberland County, Commonwealth of Pennsylvania.
(B) a Mortgage dated March 3, 2006, to Lender on real property described as 'Real Property located at 406 Paige Hill Road, Spring Township,
Landisburg, PA 17040" and located in Perry County, Commonwealth of Pennsylvania.
(C) an Assignment of All Rents to Lender on real property described as 'Real Property located at 406 Paige Hill Road, Spring Township,
Landisburg, PA 17040' and located in Perry County, Commonwealth of Pennsylvania.
(D) a Mortgage dated March 3, 2006, to Lender on real property described as 'Real Property located at 1149 Lambs Gap Road, Hampden
Township, Mechanicsburg, PA 17050' and located in Cumberland County, Commonwealth of Pennsylvania.
(E) inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated March 3, 2006.
PRIMARY DEPOSIT ACCOUNTS. Borrower agrees to open and maintain its primary business deposit account ("Account') with Lender so long as this
Note has an outstanding balance or loan availability. If Borrower does not open or maintain the Account with Lender, Borrower authorizes Lender to
increase the interest rate on this loan by one-quarter of one percent (0.2501/6).
LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to
further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or
(B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by
endorsements on this Note or by Lender's internal records, including daily computer print-outs.
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: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
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. Each Borrower understands and agrees that, with or without notice to Borrower,
Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b)
alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness,
including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect,
and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof,
including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may
determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrowers sureties, endorsers, or other guarantors on any terms or
in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other
indebtedness owing by such other Borrower. 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
parry 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
PROMISSORY NOTE
Loan No: 500034947 (Continued) Page 3
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.
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH 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:
X " (Seal)
to M. Daimler
x Seal)
a;k-a-
Marldnb J. Deim er
LASER PRO Ladlrq, Var. 5.30.00.001 Copt. Head FmmW SduUm . Inc. 1987. 2005. All WUMs Reserved - PA MF0LPL%D20.FC TR-3502 PR-SECDTERM
? 'wfb?
I? ? r ?
PROMISSORY NOTE
References in the shaded area 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: Stanley M. Daimler (SSN: 161-34-1505) Lender: Mid Penn Bank
DBA: Central Hardware Fishing & Hunting Supply Carlisle Pike Office
Marlene J. Daimler (SSN: 200-32-8478) 4622 Carlisle Pike
81 Second Street Mechanicsburg, PA 17055
West Fairview, PA 17052
Principal Amount: $50,000.00 • Initial Rate: '9`750% Date of Note: April 5, 2007
PROMISE TO PAY. Stanley M. Daimler and Marlene J. Deimler ("Borrower") jointly and severally promise to pay to Mid Penn Bank ("Lender"),
or order, In lawful money of the United States of America, on demand, the principal amount of Fifty Thousand & 00/100 Dollars ($50,000.00) or
so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be
calculated from the date of each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan In full Immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued
unpaid Interest due as of each payment date, beginning May 1, 2007, with all subsequent interest payments to be due on the same day of each
month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to
principal; then to any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note Is computed on a 365/360
basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance,
multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at
such other place as Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which
is the Prime Rate as quoted in the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the
Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the
current Index rate upon Borrower's request. The interest rate change will not occur more often than each month, on the first business day of the
month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 8.2500% per annum. The interest
rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.500 percentage points over the Index, resulting in an initial rate
of 9.750% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject
to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower
may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance
due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment,
Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to
Lender. All written communications concerning disputed amounts, including any check or other payment instrument that 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: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 10.0000% of the regularly scheduled
payment or $25.00, whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days after
Lender's demand, Borrower also will be charged either 10.000% of the sum of the unpaid principal plus accrued unpaid Interest 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 by adding a
5.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would
have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment
at the rate in effect at the time judgment is entered. 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.
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 death of Borrower or the dissolution or termination of Borrower's existence as a going business, 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, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party 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.
PROMISSORY NOTE
Loan No: 500040084 (Continued)
Insecurity. Lender in good faith believes itself insecure.
Page 2
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 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, 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.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts,
and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this
paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
(A) an Open-End Mortgage dated April 5, 2007, to Lender on real property described as "Real Property located at Lot #4 N. Enola Road and Lot
#1 B S. Enola Drive, East Pennsboro Township, Enola, PA 17025" and located in Cumberland County, Commonwealth of Pennsylvania.
(B) an Open-End Mortgage dated April 5, 2007, to Lender on real property described as "Real Property located at 409 Paige Hill Road, Spring
Township, Landisburg, PA 17040" and located in Perry County, Commonwealth of Pennsylvania.
(C) an Assignment of All Rents to Lender on real property described as 'Real Property located at 409 Paige Hill Road, Spring Township,
Landisburg, PA 17040" and located in Perry County, Commonwealth of Pennsylvania.
LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's
accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be
confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B)
credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements
on this Note or by Lender's internal records, including daily computer print-outs.
ANNUAL PROCESSING FEE. Lender shall assess a processing fee for this revolving line of credit. The assessment of this processing fee does not
necessarily mean that the line of credit has been renewed .
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: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's
right to declare payment of this Note on its demand. 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. Each Borrower understands and agrees that, with or
without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise
extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms
of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or
decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or
manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its
discretion may determine; (e) 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; and (f) determine how, when and what application of payments and credits shall be made on any
other indebtedness owing by such other Borrower. 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: 500040084 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. EACH 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.
B0ey X (Seal)
imler
X (Sea l)
Marlene J. Deimler
LASER PRO Lr ft, Var. 5.35.OD. D Cap. Il ,WW FkwvW SduOOna. Inc. 1997, 20D7. AN Rlgh% Reserved - PA MFALPL%D20.FC TR-1301 PR-SEC_LINE
PROMISSORY NOTE
(?Tlf1C p tat #t# #y - 4?E:'.:::t? :. Gott tGt11f....iUft .... der Initials
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References in the shaded area 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: Stanley M. Daimler (SSN: 161-34-1505) Lender: Mid Penn Bank
Marlene J. Deimler (SSN: 200-32-8478) Carlisle Pike Office
1147 Lambs Gap Road 4622 Carlisle Pike
Mechanicsburg, PA 17055 Mechanicsburg, PA 17055
Principal Amount: $92,000.00
Interest Rate: 6.900% Date of Note: November 25, 2008
PROMISE TO PAY. Stanley M. Daimler and Marlene J. Daimler ("Borrower") jointly and severally promise to pay to Mid Penn Bank ("Lender"),
or order, in lawful money of the United States of America, the principal amount of Ninety-two Thousand & 00/100 Dollars ($92,000.00), together
with interest at the rate of 6.9000/6 per annum on the unpaid principal balance from November 25, 2008, 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 accordance with the following payment schedule:
The loan shall be payable over a term of twenty (20) years six (6) months . Commencing December 25, 2008, the loan shall be payable in
six (6) consecutive monthly interest payments, then, commencing June 25, 2009, the loan shall be payable in fifty-four (54) consecutive
monthly installments, including principal and interest in the amount of $716.84, based upon an amortization of twenty (20) years, with all
subsequent payments due on the same day of each month after that. Interest shall be calculated on the unpaid principal balance at a rate
of 6.90% percent per annum. Five (5) years from the note date, Borrower shall have the option of a new fixed rate determined solely by
Bank or a variable rate equal to the Wall Street Journal Prime Rate ("Index") plus one and one-half (1.5(r) percent. If the fixed rate
option is chosen the rate will be fixed for the next five (5) year Interest rate period. If the variable rate option is chosen the interest rate
change will not occur more often than each month, on the first business day of the month. The monthly installments shall be reset based
upon the then outstanding principal balance, the remaining amortization period, and the interest rate, in an amount sufficient to maintain
the original amortization schedule. All outstanding principal, all accrued and unpaid interest, and any other charges as may have been
incurred will be due and payable in full on or before May 25, 2029.
Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any
unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 3651360 basis; that is, by applying the
ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the
principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in
writing.
PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: A penalty of two percent
(2.00%) of the outstanding loan principal balance at the time of prepayment occuring from an outside source. Notwithstanding anything to the
contrary, Borrower may prepay this loan, without penalty, from intemally generated funds. Except for the foregoing, Borrower may pay 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. It
Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay
any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that
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: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% 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 by 5.000
percentage points. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at
the time judgment is entered. 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.
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 death of Borrower or the dissolution or termination of Borrower's existence as a going business, 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, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party 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.
Insecurity. Lender in good faith believes itself insecure.
PROMISSORY NOTE
Loan No: 500050133 (Continued)
Page 2
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 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, 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.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts,
and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this
paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
(A) an Open-End Mortgage dated November 25, 2008, to Lender on real property described as "Real Property located at 409 Paige Hill Road,
Spring Township, Landisburg, PA 17040" and located in Perry County, Commonwealth of Pennsylvania.
(B) an Open-End Mortgage dated November 25, 2008, to Lender on real property described as "Real Property located at Lot #1 B S. Enola Drive
and Lot #4 N. Enola Road, East Pennsboro Township, Enola, PA 17025" and located in Cumberland County, Commonwealth of Pennsylvania.
(C) an Assignment of All Rents to Lender on real property described as "Real Property located at Lot #113 S. Enola Drive and Lot #4 N. Enola
Road, East Pennsboro Township, Enola, PA 17025" and located in Cumberland County, Commonwealth of Pennsylvania.
LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to
further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or
(B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by
endorsements on this Note or by Lender's internal records, including daily computer print-outs.
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: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
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. Each Borrower understands and agrees that, with or without notice to Borrower,
Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b)
alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness,
including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect,
and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof,
including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may
determine; (e) 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; and (f) determine how, when and what application of payments and credits shall be made on any other
indebtedness owing by such other Borrower. 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. 500050133 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH 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.
BORROW:
r?
X ,.,.? (Seal)
?Stanl M. Del ler
X (Seal)
Marlene J. Delmler
LASER PRO Len6rp, Ver. 5.35.00.001 Cap. Harland Fimmial Sdutim. Im. 1997. 2008. M Ri9Me Fb med. - PA MFN.PL1020.PC TR-5648 PR-SECDTERM
? `? ?J
PROMISSORY NOTE
l1t1>g? >> ?uiatftt A.. Wit..
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any Rem above containing "***" has been omitted due to text length limitations.
Borrower: Stanley M. Daimler (SSN: 161-341505) Lender: Mid Penn Bank
DBA: Central Hardware Lawn & Garden Carlisle Pike Office
Marlene J. Daimler (SSN: 200-32-8478) 4622 Carlisle Pike
81 West Second Street Mechanicsburg, PA 17055
West Fairview, PA 17025
Principal Amount: $50,000.00 Initial Rate: 4.750% Date of Note: February 24, 2009
PROMISE TO PAY. Stanley M. Daimler and Marlene J. Daimler ("Borrower") jointly and severally promise to pay to Mid Penn Bank ("Lender"),
or order, In lawful money of the United States of America, on demand, the principal amount of Fifty Thousand & 00/100 Dollars ($50,000.00) or
so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be
calculated from the date of each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued
unpaid Interest due as of each payment date, beginning April 1, 2009, with all subsequent Interest payments to be due on the same day of
each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest;
then to principal; then to any unpaid collection costs; and then to any Into charges. The annual Interest rate for this Note is computed on a
365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance,
multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at
such other place as Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which
is the Prime Rate as quoted in the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the
Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the
current Index rate upon Borrower's request. The interest rate change will not occur more often than each month, on the first business day of the
month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. The interest
rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.500 percentage points over the Index, adjusted if necessary for
any minimum and maximum rate limitations described below, resulting in an initial rate of 4.750% per annum. NOTICE: Under no circumstances will
the interest rate on this Note be less than 4.500% per annum or more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject
to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower
may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance
due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment,
Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to
Lender. All written communications concerning disputed amounts, including any check or other payment instrument that 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: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 10.0009/6 of the regularly scheduled
payment or $25.00, whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days after
Lender's demand, Borrower also will be charged either 10.0000/6 of the sum of the unpaid principal plus accrued unpaid interest 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 by adding a
5.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would
have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment
at the rate in effect at the time judgment is entered. 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.
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 death of Borrower or the dissolution or termination of Borrower's existence as a going business, 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, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party 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.
PROMISSORY NOTE
Loan No: 500051461 (Continued)
Insecurity. Lender in good faith believes itself insecure.
Page 2
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 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, 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.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts,
and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this
paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
(A) an Open-End Mortgage dated February 24, 2009, to Lender on real property described as "Real Property located at 409 Paige Hill Road,
Spring Township, Landisburg, PA 17040" and located in Perry County, Commonwealth of Pennsylvania.
(B) an Open-End Mortgage dated February 24, 2009, to Lender on real property described as "Real Property located at Lot #1 B S. Enola Drive
and Lot #4 N. Enola Road, East Pennsboro Township, Enola, PA 17025" and located in Cumberland County, Commonwealth of Pennsylvania.
(C) an Assignment of All Rents to Lender on real property described as "Real Property located at Lot 4013 S. Enola Drive and Lot 44 N. Enola
Road, East Pennsboro Township, Enola, PA 17025" and located in Cumberland County, Commonwealth of Pennsylvania.
LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's
accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be
confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B)
credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements
on this Note or by Lender's internal records, including daily computer print-outs.
PRIMARY DEPOSIT ACCOUNTS. Borrower agrees to open and maintain its primary business deposit account ("Account") with Lender so long as this
Note has an outstanding balance or loan availability. If Borrower does not open or maintain the Account with Lender, Borrower authorizes Lender to
increase the interest rate on this loan by one-quarter of one percent (0.250%).
ANNUAL PROCESSING FEE. Lender shall assess a processing fee for this revolving line of credit. The assessment of this processing fee does not
necessarily mean that the line of credit has been renewed .
DEMAND LOAN MATURITY AND ANNUAL REVIEW. This loan/loan renewal is written on demand with no specific maturity date. This loan is subject
to an annual review by Lender of financial information and loan performance. The first annual review is scheduled for July 1, 2010. To facilitate the
annual review process, Lender may use a maturity date on its computer system or systems which may appear on billing statements or other mailings
and notices to Borrower. The presence of a maturity date on billing statements or other mailings and notices shall not be considered a waiver of
Lenders right to demand full repayment of the loan at any time. .
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: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's
right to declare payment of this Note on its demand. 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. Each Borrower understands and agrees that, with or
without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise
extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms
of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or
decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or
manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its
discretion may determine; (e) 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; and (f) determine how, when and what application of payments and credits shall be made on any
other indebtedness owing by such other Borrower. 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
PROMISSORY NOTE
Loan No: 500051461 (Continued) Page 3
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.
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. EACH 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.
BORROW
X (Seal)
- -?' 4
Sta M. Daimler
X dl+.?+""''? r (Seal)
Marlene J. Daimler
LASER PRO Le W. Vet 5 35 OO.O Cop'. Had- Fi m,l Salulions, Inc- 1991. 2009. All R1911u Rc-e . - PA PACMfl %D20.FC TR-5865 PA-SEC-LINE
A ?
VERIFICATION
I, Gregory C. Scheer, do hereby state, under penalty of 18 P.S. § 4904 relating to
unsworn falsification to authorities, that I am an authorized representative of Plaintiff Mid Penn
Bank, that I am authorized to give this verification on its behalf, and that the averments set forth
in the foregoing Complaint are true and correct to the best of my knowledge, information, and
belief.
Mid Penn Bank
. S
By: AA?-4 ,O-?
Gregory .Scheer, Collections Manager
10
J 0
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff OQ70
V. No ?c u -
STANLEY STANLEY M. DEIMLER and CIVIL ACTION-LAW
MARLENE J. DEIMLER,
Defendants
CERTIFICATION
I hereby certify the precise last known addresses of the parties are as follows:
Defendants:
Stanley M. Deimler
Marlene J. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 17055
Plaintiff:
Mid Penn Bank
349 Union Street
Millersburg, Pennsylvania, 17061
/s/
MID PENN BANK
Sworn to and subsc7bed
before rn^this 1'° day
of 2Ua .
NotapPublAica-
C' S
By:
heer, ollections Manager
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Debra A. Evangelisti, Notary Public
Susquehanna Township, Dauphin County
My commission expires May 07, 2012
Tf Y
2Gu9 u? Co 7
,i,y`
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff ,
V. No. 04 -- OY76y at val.. - l
STANLEY M. DEIMLER and CIVIL ACTION-LAW
MARLENE J. DEIMLER,
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
I, Gregory C. Scheer, being duly sworn according to law, depose and say that I am an
officer of Plaintiff Mid Penn Bank, and I am authorized to make this affidavit on its behalf. I
hereby affirm that to the best of my knowledge, DEFENDANT(S) is/are not currently serving in
the United States Military, nor in any State or Territory thereof or its allies, as defined in the
Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto.
By: C , (;
Gregory C. cheer, Collections Manager
Sworn to and subscribed
bef me this day
of , 2od9 .
Notary Public
COI?AIONWF.Ai.TH OF VANIA
NMAML S
Debra A. Evasngelisti, Notary Public
Susquehanna Township, Dauphin County
M commission Mires May 07, 2012
2009 . Ja_ 15
MID PENN BANK,
Plaintiff
V.
STANLEY M. DEIMLER and
MARLENE J. DEIMLER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. Oq _ y?G`f C, , 1.? '?l
CIVIL ACTION-LAW
NOTICE UNDER RULE 2958.1
OF JUDGMENT BY CONFESSION AND EXECUTION THEREON
NOTICE OF DEFENDANTS' RIGHTS
To: Stanley M. Deimler
Marlene J. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 17055
A judgment in the amount of $810,696.27 has been entered against you and in favor of
the Plaintiff without 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 prevent your money or property
from being taken.
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T
HAVE A LAWYER OR CANNON AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND CO. BAR ASSOC.
32 S. BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Y } f FR;1
„+1
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff 2,? Y
V. No. QQ' '? vy j
STANLEY M. DEIMLER and CIVIL ACTION-LAW
MARLENE J. DEIMLER,
Defendants
NOTICE PURSUANT TO 42 Pa.C.S. & 2737.1
Please take notice that the plaintiff in this matter has entered judgment by confession
against you in the amount of $ cR10. 1flq U - A-7 ,
You are entitled to a petition to "strike" or "open" the judgment. In order to do so, you
must promptly file a petition with the Court of Common Pleas of Cumberland County,
Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. Any such
petition can be filed with the clerk or Prothonotary at the courthouse in Carlisle, Cumberland
County.
A petition is a formal statement of your basis for challenging the judgment. You must
include the names of the parties at the top of the first page and the case number, which is shown
above. The petition must state your reasons for challenging the judgment in separate numbered
paragraphs. You have to sign the petition and include a sworn statement at the end of the
document verifying that the facts you state in the petition are true and accurate. You will waive
any defense and objections not included in your petition to strike or open. You must therefore
make every effort to raise all possible issues and defenses in your petition to strike or open in
order to avoid waiving any claims.
If you elect to file a petition, you must meet the requirements of Rule 2959 of the Rules
of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to
comply with local rules of procedure in effect in the county where the judgment was entered.
If you do not file a petition challenging the judgment, the Plaintiff may take steps to
collect on the judgment by asking the Sheriff to seize your assets. Accordingly, you should
immediately seek the advice of attorney. If you wish to discuss the matter with an attorney but
do not know how to find one, you may request a referral by contacting the following agency:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
Corporations may be unable to represent themselves in court. If the defendants include a
corporation, the corporation must appear through an attorney if it intends to challenge the
judgment.
You may receive other papers and notices regarding the judgment. Those other papers do
not negate or override this Notice. Likewise, this Notice is not intended to and does not negate
any of the notices or information obtained in other papers that may be served upon you.
We reiterate that you are required to act promptly if you wish to seek relief from the
judgment. Under certain circumstances, you have only 30 days in which to file a petition after
papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order
to protect your interests. Failing to act in a timely manner will render you unable to challenge
the judgment at a later time.
If you were incorrectly identified and judgment was entered against you in error you
may be entitled to collect cost and reasonable attorney's fees as determined by the Court.
By:
Pa. ID No 92069
2080 Linglestown Road, .Su.
Harrisburg, PA 17110-9
(717) 540-9170
Counsel for Mid Penn Bank
I v. f1ry
Rule 2959. Striking off or Opening Judgment. Pleadings. Procedure.
(a)(1) Relief from judgment by confession shall be sought by petition. Except as provided in
subparagraph (2), all grounds for relief whether to strike off the judgment or to open judgment must be
asserted in a single petition. The petition may be filed in the county in which the judgment was originally
entered, in any county to which the judgment has been transferred or in any other county in which the
sheriff received a writ of execution directed to the sheriff to enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not voluntary,
intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has not stayed execution
despite the timely filing of a petition for relief from the judgment and the presentation of prima
facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the
petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that
there were compelling reasons for the delay, a petition not timely filed shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may
grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an
answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by
local rule or special order.
(c) A party waives all defense and objections which are not in the petition or answer.
(d) The petition and rule to show cause and the answer shall be served as provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions,
admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar
as it seeks to open the judgment pending deposition of the application to strike off the judgment. If the
evidence is produced which in a jury trial would require the issues to be submitted to the jury the court
shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to
strike off or open the judgment are pending.
(g)(1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with
instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or
regarding any rights available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision
(g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after
the effective date.
?'a7. s o ?d (??
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? s
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff 4M y
?i u L ? wl
v. No. ?4 -
STANLEY M. DEIMLER and CIVIL ACTION-LAW
MARLENE J. DEIMLER,
Defendants
TO: Stanley M. Deimler
Marlene J. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 1.7055
NOTICE
Pursuant to Pa.R.C.P. 236, you are hereby notified that judgment by confession has been
entered against you in the above-captioned matter.
Date: 7/1 51cv 9 P
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
466"om art ?tmbrr
OFFICE OF'- E 1,kERIFF
OF THE R`7 11',,N.0 APY
2009 AUG 25 AM 10: 0 7
CU i-
L-'p ,. v'ii.s 1 ',r,NTY
P f \.1 Ii i I. 14IN.'A
Midd Penn Bank
vs.
Stanley M. Deimler
Case Number
2009-4704
SHERIFF'S RETURN OF SERVICE
08/12/2009 07:45 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on August
12, 2009 at 1945 hours, he served a true copy of the within Notice Under Rule 2958.1 of Judgment by
Confession and Execution Thereon, upon the within named defendant, to wit: Marlene J. Deimler, by
making known unto Devin Richcreek, Grandson of defendant at 1147 Lambs Gap Road Mechanicsburg,
Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the
said true and correct copy of the same.
08/12/2009 07:45 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on August
12, 2009 at 1945 hours, he served a true copy of the within Notice Under Rule 2958.1 of Judgment by
Confession and Execution Thereon, upon the within named defendant, to wit: Stanley M. Deimler, by
making known unto Devin Richcreek, Grandson of defendant at 1147 Lambs Gap Road Mechanicsburg,
Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the
said true and correct copy of the same.
SHERIFF COST: $53.44
August 13, 2009
SO ANSWERS,
roolAW:001111111C e?j
R THOMAS KLINE, SHERIFF
Deputy Sheriff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~ ~;_- ,. ~ - _ ,--' ;,./
Sheriff ~ ~ _ ~ .
~4 X11;, n~ C'1nr.U~,r~,rt~~ ,, .. , ~
Jody S Smith c:? i ;; ~QY ~$ ~~ ID4 2
Chief Deputy
Edward L Schorpp ~ .' _ - ~... ; `'''
Solicitor ~~- ~ ~~-,~~~~
Midd Penn Bank
vs.
Stanley M. Deimler (et al.)
Case Number
2009-4704
SHERIFF'S RETURN OF SERVICE
04/06/2010 08:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at
2040 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, upon the property of Stanley M. and Marlene J. Deimler, located at, 1149 Lambs
Gap Road, Mechanicsburg, Cumberland County, Pennsylvania according to law.
04/06/2010 08:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at
2040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Stanley M. Deimler, by making known unto,
Marlene Deimler, Spouse, at, 1147 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania
its contents and at the same time handing to her personally the said true and correct copy of the same.
04/06/2010 08:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at
2040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Marlene Deimler, by making known unto, Marlene
Deimler, personally, at, 1147 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania its
contents and at the same time handing to her personally the said true and correct copy of the same.
04/07/2010 01:53 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10
at 1353 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, upon the property of Stanley M. Deimler and Marlene J. Deimler, located at, 15
North Enola Road, Enola, Cumberland County, Pennsylvania according to law.
04/30/2010 Notice of Filing of Bankruptcy received for Stanley M. Deimler, Sr., received 4/29/10, forwarded info to
Attorney Jenni Pilgrim, awaiting further instructions.
05/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Jeni S. Pilgrim on 4/30/10
SHERIFF COST: $1,054.34
May 21, 2010
SO ANSWERS,
-~..."
RON R ANDERSON, SHERIFF
~ . D(? f~,.;2 . ~u .
~~ 7~I11
Crur,- a ,~ 3her ~ ra'
i
Steven J. Schiffman, Esq.
Jeni S. Pilgrim, Esq.
PA ID Nos. 25488 & 209536
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
sschiffman(c~ ssbc-law. com
jpil rg im(a~ssbc-law.com
MID PENN BANK, 1N THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
Plaintiff
No. 09-4704
STANLEY M. DEIMLER and :CIVIL ACTION-LAW
MARLENE J. DEIMLER, :
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
I, Jeni S. Pilgrim, Esquire, attorney for Mid Penn Bank, Plaintiff in the above action, set forth
the following information as of the date the Praecipe for the Writ of Execution was filed concerning
the real property located in Cumberland County, Pennsylvania, more fully described in Exhibit "A,"
attached hereto.
1. Name and address of owners or reputed owner(s):
Stanley M. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 17055
Marlene J. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 17055
2. Name and address of defendant(s) in the judgment:
Stanley M. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 17055
Marlene J. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 17055
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
4. Name and address of the last recorded holder of every mortgage of record:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
5. Name and address of every other~erson who has any record lien on the property:
Name
Address
6. Name and address of ever~other~erson who has any record interest in the property and whose
interest may be affected by the sale:
Name
Address
7. Name and address of ever person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Commonwealth of Pennsylvania
Department of Public Welfare
Address
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
1400 Spring Garden St.
Philadelphia, PA 19130
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
i
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
Internal Revenue Service
Technical Support Group
PA Department of Revenue
Internal Revenue Service
Technical Support Group
Cumberland County Tax Claims Office
Robert D. Kodak, Esquire
Counsel for Commerce Bank
David J. Foster, Esquire
Costopoulos, Foster & Fields
Counsel for Glen & Karen Sholly
Charles E. Harmon
Leonard Tintner, Esquire
Boswell, Tintner, Piccola & Alford
Counsel for Service Motor Parts, Inc.
Geraldine Miller
Willow Oak Building
PO Box 8486
Harrisburg, PA 17105-8486
William Green Federal Building
Room 3259, 600 Arch Street
Philadelphia, PA 19106
Bureau of Compliance Lien Section
P.O. Box 280948
Harrisburg, PA 17128
William Green Federal Building
Room 3259, 600 Arch Street
1 Courthouse Square
Room 110
Carlisle, PA 17013
407 North Front Street
PO Box #11848
Harrisburg, PA 17108
831 Market Street
PO BOX 222
Lemoyne, PA 17043
PO Box 2013
Mechanicsburg, PA 17055
315 North Front Street
PO Box 741
Harrisburg, PA 17108
11 Southmont Drive
Enola, PA 17025
Verification
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown falsification to authorities.
/~ ,
~~,,
.~-
Date: March 10, 2010 Jeni S.: grim, Esq:'
Attorn for Plaid
M
Steven J. Schiffman, Esq.
Jeni S. Pilgrim, Esq.
PA ID Nos. 25488 & 209536
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
sschiffman@ssbc-law.com
jpilgr' m(a,ssbc-law. com
MID PENN BANK,
v.
Plaintiff
STANLEY M. DEIMLER and
MARLENE J. DEIMLER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-4704
CIVIL ACTION-LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA
RULE OF CIVIL PROCEDURE 3129.1
TO: Stanley M. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 17055
Marlene J. Deimler
1147 Lambs Gap Road
Mechanicsburg, PA 17055
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held:
DATE: June 2, 2010
TIME: 10:00 AM
LOCATION: Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17103
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvement erected on the land. (SEE
DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
1. 15 N. Enola Road, PA 17025
2. 1149 Lambs Gap Road, Mechanicsburg, PA 17050
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to:
Number 09-4704
THE NAME OF THE OWNER OR REPUTED OWNER of this property is:
Stanley M. Deimler & Marlene J. Deimler
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff of this County thirty (30) days after the sale and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the
Court of Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer
can advise you more specifically of these rights. If you wish to exercise your rights, YOU
MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas with Cumberland
County to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you
are aware of a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas
of Cumberland County to set aside the sale for a grossly inadequate price or for other proper
cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the
proceeding paragraphs must be presented to the Court of Common Pleas of Cumberland County.
The petition must be served on the attorney for the creditor or on the creditor before presentation
to the Court and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court
Administrator's Office -Civil Division, of the Cumberland County Courthouse, before
presentation to the Court.
SHERIFF'S OFFICE
Uniform Tax Parcel
Ident. No. 10-17-10-29-056
LEGAL DESCRIPTION FOR 1149 LAMB'S GAP ROAD PROPERTY
ALL fiI~AT CERTAJN Lot of Ground situate an the West side of State
Highway, Legislative Route 21051, which leads to the Carlisle Pike,
situate in the fiownship of Hampden, County of Cumberland and State of
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the Western side of the aforementioned State
Highway, Legislative Route 21051, which said paint is in the division line
between Lots Nos. 8 and 7 on the hereinafter mentioned Plan of Lots;
thence extending along the division line between Lots Nos. 8 and 7,
South 67 degrees 00 minutes West, one hundred eighty-two and seven
one-hundredth {182.07} feet to a point in the division line between Lats
Nas. 15 and 7 on said Plan; thence along the division line between Lots
Nas. 1 S and 7 and Lots Nos_ 16 and 7, North 23 degrees 00 minutes
West, one hundred twenty (120) feet to a point; thence along the line of
other land now or late of B. B. 1VI., Inc., of which this is a part, North 67
degrees 00 minutes East, one hundred eighty-nine and sixty-two one
hundredths (189.62) feet to a paint in the Westernn side of the State
Highway, Legislative Route 21051, aforementioned; thence along said
State Highway, South I9 degrees 24 minutes East, one hundred twenty
and twenty-four one-hundredths { 120.24) feet to a point in the division
line between Lots Nas. 8 and 7, aforementioned, at the paint and place of
BEGINNING.
BEING Lot No. 7, Bloch "B", in the Plan of Lats known as Glennwood
Farm Estates, which said Plan is recorded in the Cumberland County
Recorder's Office in Plan Book No. 10, Page 3.
UNDER AND SUBJECT, NEVERTHELESS, to certain restrictions and
conditions as set forth by Instrument in Writing and Recorded with said
Plan of Lots.
There is reserved over the rear of the above described Lat, a ten (10) foot
utility easement.
Tax Parcel #09-15-1291-338
TRACT 1
Lot 1 of the Final Subdivision and Land Development Plan of Deimler Hardware, East
Pennsboro Township, Cumberland County, Pennsylvania, as identified in the Final Subdivision
and Land Development Plan of Deimler Hardware in Book 93, Page 36. Formerly known as Lot
#4 N. Enola Road, East Pennsboro Township, Enola, Cumberland County, Pennsylvania, and Lot
#1B S. Enola Drive, East Pennsboro Township, Enola, Cumberland County, Pennsylvania. Tax
parcel #09-15-1291-338.
BEING known as 15 N. Enola Road, Enola, Cumberland County, Pennsylvania.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N02009-4704 Civil
CIVIL ACTION-LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MID PENN BANK Plaintiff (s)
From STANLEY M. DEIMLER AND MARLENE J. DEIMLER
(1) You are directed to levy upon the property of the defendant (s)and to sell see legal description .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If properly of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee anal is enjoined as above stated.
Amount Due$701,199.58 (THROUGH 7/13/2009) L.L.
Interest $26,151.68 (THROUGH 7/13/2009)
Atty's Comm %$72,735.33 (THROUGH 7/13/2009) Due Prothy $2.00
Atty Paid $128.94 Other Costs$10,609.88 (THROUGH 7/13/2009)
Plaintiff Paid
Date: MARCH 10, 2010
David D. Buell, P othonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name JENI S. PILGRIM, ESQUIRE
Address: SERRATELLI, SCHIFFMAN, BROWN &CALHOON,P.C., 2080 LINGLESTOWN
ROAD, SUITE 201, HARRISBURG, PA 17110-9610
Attorney for: Plaintiff
Telephone: 717-540-9170
Supreme Court ID No. 209536
On March 29, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township and East Pennsboro Township,
Cumberland County, PA, Known and numbered as,
1149 Lambs Gap Road, Mechanicsburg and 15 N.
Enola Road, Enola, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: March 29, 2010
sy:
~ti
C~ ~ ,
Real Estate Coordinator
,^
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 16, Apri123, and Apri130, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r
j L~Isa Marie Coyne Editor
SWORN TO AND SUBSCRIBED before me this
30 da of Aril 2010
Notary
NOTARIAL SEAL
DEBORAH A COILINS
Notary Puhlk
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Comml:aion Expina Apr 28, 201+1
Writ No. 2009-4704 Civil
Midd Penn Bank
vs.
Stanley M. Deimler
Marlene J. Deimler
~r~i
~,~,4.~ .r~ . ,xi;,.
.~,.,...,< ~.w...II... , ~,~.. ... .
Atty: Jeni S. Pilgrim
LEGAL DESCRIPTION FOR 1149
LAMB'S GAP ROAD PROPERTY
ALL THAT CERTAIN lot of Ground
situate on the West side of State
Highway, Legislative Route 21051,
which leads to the Carlisle Pike,
situate in the Township of Hampden,
County of Cumberland and State
of Pennsylvania, bounded and de-
scribed as follows, to wit:
BEGINNING, at a point in the
Western side of the aforementioned
State Highway, Legislative Route
21051, which said point is in the divi-
sion line between Lots Nos. 8 and 7
on the hereinafter mentioned Plan of
Lots; thence extending along the divi-
sion line between Lots Nos. 8 and 7,
South 67 degrees 00 minutes West,
one hundred eighty-two and seven
one-hundredth (182.07) feet to a
point in the division line between Lots
Nos. 15 and 7 on said Plan; thence
along the division line between Lots
Nos. 15 and 7 and Lots Nos. 16 and
7, North 23 degrees 00 minutes West,
one hundred twenty (120) feet to a
point; thence along the line of other
land now or late of B.B.M., Inc., of
which this is a part, North 67 degrees
00 minutes East, one hundred eight-
nine and sixty-two one hundredths
(189.62) feet to a point in the Western
side of the State Highway, Legislative
Route 21051, aforementioned; thence
along said State Highway, South 19
degrees 24 minutes East, one hun-
dred twenty and twenty-four one
hundredths (120.24) feet to a point
in the division line between Lots Nos.
8 and 7, aforementioned, at the point
and place of BEGINNING.
BEING Lot No. 7, Block "B", in the
Plan of Lots known as Glennwood
Farm Estates, which said Plan is
recorded in the Cumberland County
Recorder's Office in Plan Book No.
10, Page 3.
UNDER AND SUBJECT, NEVER-
THELESS, to certain restrictions and
conditions as set forth by Instrument
in Writing and Recorded with said
Plan of Lots.
There is reserved over the rear of
the above described Lot, a ten (10)
foot utility easement.
Parcel No. 10-17-1029-056.
TRACT 1
Lot 1 of the Final Subdivision and
Land Development Plan of Deimler
Hardware, East Pennsboro Town-
ship, Cumberland County, Penn-
sylvania, as identified in the Final
Subdivision and Land Development
Plan of Deimler Hardware in Book 93,
Page 36. Formerly known as Lot #4 N.
Enola Road, East Pennsboro Town-
ship, Enola, Cumberland County,
Pennsylvania, and Lot #1B S. Enola
Drive, East Pennsboro Township,
Enola, Cumberland County, Pennsyl-
vania. Tax parcel #09-15-1291-338.
BEING known as 15 N. Enola
Road, Enola, Cumberland County,
Pennsylvania.
,~ The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
c~he~lahiot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
04/16/10
04/23/10
~,~' _- 04/30/10
sworn to a~~s~cribed before me this 1 of May, 2010 A.D.
~, i 1 ~~y~ ~ ~~,
_~ b'` 1 .~; ~1~~ ; i~r Sri' ~ ~ ~i _~ ~!; -~__ __
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Shertie L Klsner, Notary Publk
Lower Paxton lYvp., Dauphin County
My Commission Expires Nov, 26, 2011
Member, Pennsylvania Assoclatbn of Notaries
Eafrn No. 2o0D-a7oa civli Term
Mkld Penn Bank
Vs.
Stanley M. Daimler
Marlene J. Daimler
Atty: Jeni S. Pilgrim
LEGAL DESCRIPTIOIIT FOR 1149 LAMB'S
GAP ROAD PROPERTY
ALL THAT CERTAIN lot of Ground situate
onthe West side oT State I-Iighway, Legislative
Route'21051, which leads to the Cazlisle Pike,
situate in the Township of Hampden, County of
Cumberlan¢ and State of Pennsylvania, bounded
and described as follows, to wit:
BEGINNING, at a point in the Western side of
the aforementioned,State I-IighWay, Legislative
Route 21051, which said point is in the division
line between Lots Nos. 8 and 7 on the hereinafter
mentioned Plan of Lots; thence extending along
the division line between Lots Nos. 8 and 7, South
67 degrees IXI minutes West, one hundred eighty-
two and seven one-hundredth (182A7) fee( to a
point in the division line between Lots Nos. 15
and 7 on said Plan; thence along the division
line between Lots Nos. IS and 7 and,Lots Nos.
16 and 7, North 23 degrees 00 minutes West,
one htindred twenty (120) feet w a point; thence
along the line of otberland now or late of B.B.M.,
Inc., of which this is a part, North 67 degrees 00
minutes East, one hundred eight-nine and sixty-
twdone hundredths (189.62) feet to a point in the
Western side of thel,State Ilighway, Legislative
Route 21051, aforemenioned; thence along said
State Highway, So~th 19 degrees 24 minutes
East, one hundred twenty. and twenty-four one
hundredths (120:24) feet to a point in the division
line between I-ots Nos. 8 and 7, aforementioned,
atthe point and place of BEG]NNING.
BF~ING Lot No. 7, Block "B", in the Plan. of
Lots known as Glennwood Farm Estates, which
said Plan is recorded in the Cumberland County
R~,otder's Office in Plan Book No.10, Page 3.
UNDER AND SUBJECT, NEVERTHELESS,
to certain res~ictions and conditions as set forth
by instrument in Writing and Recorded with said
Pl#n of Lots.
There is reserved over the rear of the above
described I.oi, a ten (10) foot utility,easement.
Parcel No.10-17-1029-056
TRACT 1
Lot 1 of the Final Subdivision and Land
Development Plan of Daimler Hardwaze, East
Pennsboro Township, Cumberland County,
Pennsylvania, as identified in the 13na1 Subdivision
and Land Development Plan of Daimler Hardware
in Book 93, Page 36. Formerly lmown as I,ot #4
N. Enola Road, East Pennsboro Township, Enola,
Cumberland County, Pennsylvania, and Lot #1B
S. Enola lhive, East Pennsboro Township, Enola,
Cumberland County, Pennsylvania. Tax parcel
#09-15-1241-338: '
BEING known as 15 N. Enolx Road, Enola,
Cumberland Count', Pemaylvaoia.