HomeMy WebLinkAbout10-1533ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVAN IA
SHIPPENSBURG, PA 17257,
Plaintiff,
NO. 2010- ?S CIVIL TERM
V.
CIVIL ACTION-LAW
WISHING WELL
EQUESTRIAN CENTER, INC., 4
125 HILL LANE
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NEWVILLE, PA 17241
Defendant.
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NOTICE w
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010- CIVIL TERM
CIVIL ACTION-LAW
WISHING WELL
EQUESTRIAN CENTER, INC-,
125 HILL LANE
NEWVILLE, PA 17241
Defendant.
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys BARIC
SCHERER, and files the within Complaint and, in support thereof, sets forth the following:
1. Plaintiff, Orrstown Bank, is a Pennsylvania corporation with a place of business
located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257.
2. Defendant, Wishing Well Equestrian Center, Inc. ("Wishing Well"), is a
Pennsylvania corporation with a principal place of business located at 125 Hill Lane, Newville,
Cumberland County, Pennsylvania 17241.
3. On or about January 19, 2006, Orrstown loaned money to Julie A. Charles in the
original principal sum of $850,000.00 ("Charles Loan")
4. In connection with this loan, Julie A. Charles executed a certain Promissory Note
payable to Orrstown. A true and correct copy of the Promissory Note is attached hereto as
Exhibit "A" and is incorporated by reference.
5. On or about January 19, 2006, Wishing Well executed a Commercial Guaranty
wherein it guaranteed payment of the Charles Loan. A true and correct copy of the Commercial
Guaranty is attached hereto as Exhibit "B" and is incorporated by reference.
6. Julie A. Charles is in default under the terms of the Promissory Note having failed
to make the monthly payment required under the Promissory Note for the month of June, 2009
and every month thereafter.
7. Under the terms of the Promissory Note, if any monthly payment of principal and
interest is not made when due or any other obligations of the Promissory Note is not met, then
the entire indebtedness owing shall become due and payable immediately at the declaration of
Orrstown.
8. Plaintiff has exercised its option and declared the entire unpaid balance of
principal, interest and costs as immediately due and payable.
9. The Commercial Guaranty permits Orrstown to recover its attorney fees and costs.
10. The following amounts are presently due on the Promissory Note and Commercial
Guaranty:
Principal $783,227.30
Interest to 2/17/10 $ 44,628.19
(per diem of $168.61)
Late charges $ 2,814.48
Other charges $ 13,198.27
Attorney fees $ 39,161.36
(set by Plaintiff as
5% of principal debt
for this Complaint)
TOTAL: $883,029.60
COUNTI
BREACH OF CONTRACT
ORRSTOWN BANK v. WISHING WELL EQUESTRIAN CENTER, INC.
11. Plaintiff incorporates by reference paragraphs one through ten as though set forth
at length.
12. All conditions precedent to recovery under the Promissory Note and Commercial
Guaranty have been met.
13. Wishing Well has breached the terms of the Commercial Guaranty by failing to
make payment of the amounts due under the Promissory Note.
14. As a direct and proximate result of this breach, Orrstown has incurred damages of
$883,029.60 as set forth hereinabove.
WHEREFORE, Plaintiff requests judgment be entered in its favor and against Wishing
Well Equestrian Center, Inc. for the sum of $883,029.60 plus interest thereafter at the contract
per diem from February 17, 2010 and costs, attorney fees and expenses.
Respectfully submitted,
BARIC SCHERER
AkV
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.d it/o rrstown ban k/charles/note/complaint. pld
PR'OMISS'ORY NOTE
References in the shaded area are for Lender's use only and do not limit thi: applicability of this document to any particular loan or item.
Any item above containing " * * * " has been omiited dje to text length limitations.
Borrower: Julie A. Charles (SSN: 003-56-2258) Lender: ORRSTOWN BANK
125 Hill Lane STONEHEDGE OFFICE
Newville, PA 17241 77 EAST KING STREET
P 0 BOX 250
SHIPPENSBURG, PA 17257
Principal Amount: $850,000.00 Date of Note: January 19, 2006
Maturity Date: January 19, 2026
PROMISE TO PAY. Julie A. Charles ("Borrower") promises to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United
States of America, the principal amount of Eight Hundred Fifty Thousand & 00/100 Dollars (8850,000.00), together with interest on the unpaid
principal balance from January 19, 2006, until paid in full.
PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, subject to any payment changes
resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive
principal and interest payments in the initial amount of 87,036,17 each, beginning February 19, 2006, with interest calculated on the unpaid
principal balances at an initial discounted interest rate of 7.750% per annum; and 180 monthly consecutive principal and interest payments in
the initial amount of 87,254.32 each, beginning February 19, 2011, with interest calculated on the unpaid principal balances at an interest rate
based on the Wall Street Prime (currently 7.250%), plus a margin of 1.000%, resulting in an initial interest rate of 8.250%. Borrower's final
payment will be due on January 19, 2026 and will be-for all principal and accrued interest not yet paid, together with any other unpaid amounts
under this Note. 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. For the first 60 payments, the interest rate on this Note will be 7.750%. Thereafter, the interest rate on this Note
is subject to change from time to time based on changes in an independent index which is the Wall Street Prime (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 notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change
will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently
is 7.250% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth
herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each
subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances
will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate,
Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its
original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments,
and (D) continue Borrower's payments at the same amount and increase Borrower's final payment.
PREPAYMENT PENALTY. 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. Upon
prepayment of this Note, Lender is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during
the next five (5) years, the Borrower shall be assessed against the amount prepaid, a five percent (5.00%) prepayment penalty. The assessment
percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted from this assessment will be principal
payments that are generated as a result of operation of the business for which the loan was extended. Specifically not excepted will be any
prepayments generated as a result of P. refinancing at any other financial institution. Except for the foregoing, Borrower may pay all or a portion
of the amount owed earlier than is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower or Borrower's obligation
to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower
making fewer payments. . 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: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG,
PA 17257.
LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00,
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 variable interest rate on this Note to 4.000 percentage points over the Index. The interest rate will not exceed the maximum
rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after
judgment at the interest rate applicable to this Note at the time judgment is entered.
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.
EXHIBIT "A"
PROMISSORY NOTE
Loan No: 26470259001 (Continued)
Page 2
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 of any of the indebtedness or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness
evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to
assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of
Default.
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.
Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the
same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from
Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15)
days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance 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.
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) a Mortgage dated January 19, 2006, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further
information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of
which are hereby incorporated and made a part of this Note.
FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and
any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not
receive the required financial information within two hundred seventy (270) days of the Borrower's fiscal year end, the Lender has the right to
increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender
increasing the interest rate charged on this Note.
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: ORRSTOWN BANK, STONEHEDGE OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257.
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. 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
PROMISSORY NOTE
Loan No: 26470259001 (Continued)
Page 3
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 (9500) 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, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. 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)
lie A. Charles
LAGER RIO LYWbV. Vw. 6.10.00.004 COW. HMwW FMb1dd fidu6MM.lm. 1997, 3006. MI Fi9M9 R-W. -PA 0:1CFIWPLN20.FC TR-119M R1-1
COMMERCIAL GUARANTY
qty Ln?n TfcReferences in the shaded area are for Lender's use oily and do rot limit the appiicaci ity of this document to any particular loan or item.
Any item above containing "' *- has been omitted due tc text length limitations.
Borrower: Julie A. Charles (SSN: 003-56-2258) Lender: ORRSTOWN BANK
125 Hill Lane STONEHEDGE OFFICE
Newville, PA 17241 77 EAST KING STREET
P 0 BOX 250
SHIPPENSBURG, PA 17257
Guarantor: Wishing Well Equestrian Center, Inc (TIN:
20-4078759)
125 Hill Lane
Newville, PA 17241
GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees
full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's
obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can
enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the
Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make
any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or
deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents.
INDEBTEDNESS. The word "Indebtedness" as used in this 3uaranty means all of the principal amount outstanding from time to time and at any
one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees,
arising from any and all debts, liabilities and obligations that Borrower individually or collectively or interchangeably with others, owes or will
owe Lender under the Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and substitutions
of the Note and Related Documents.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties
shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties.
Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continue in full (force until all the Indebtedness shall have been fully and finally paid and satisfied and
all of Guarantor's other obligations under this Guaranty shelf have been performed in full. Release of any other guarantor or termination of any
other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or
more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's
liability under this Guaranty, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease
equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend,
accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness,
including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the
original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive,
subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release,
substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner
Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to
apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the
controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in
all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor
and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form
acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to
Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial
information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or
threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to
keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by
Lender in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending
money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor;
(D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any
act or omission of any kind, or at any time, with respect to any matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or
EXHIBIT "B"
COMMERCIAL GUARANTY
Loan No: 26470259001 (Continued) Page 2
defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any
action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action,
either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects
Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of
Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other
than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified
impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against
Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses
given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower,
whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower, the Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and
not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be
effective only to the extent permitted by law or public policy.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender
(whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts
Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be
prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender
may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness.
Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in
legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees
and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help
enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's
attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy
proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection
services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the
opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses,
claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall
be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor"
respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors,
assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of
Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire
into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and
shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with
a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail
postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Any party may change its address for notices under
this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address.
For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by
applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all
COMMERCIAL GUARANTY
Loan No: 26470259001 (Continued)
Guarantors.
Page 3
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand
strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between
Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Julie A. Charles and includes all co-signers and co-makers signing the Note and all their successors
and assigns.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Wishing Well Equestrian Center, Inc,
and in each case, any signer's successors and assigns.
Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender.
Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty.
Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns.
Note. The word "Note" means the promissory note dated January 19, 2006, in the original principal amount of $850,000.00 from
Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
the promissory note or agreement.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE
CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500)
ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR
A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY
TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL
CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY.
GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED JANUARY 19, 2006.
THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
WISHING WELL EQUESTRIAN CENTER, INC
By: (2, ?u / ?- Z, 4 ?? J,4 (Seal)
lie A. Ch President of Wishing Well
questrian Center, Inc
COMMERCIAL GUARANTY
Loan No: 26470259001 (Continued)
Page 4
CORPORATE ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
f r )SS
COUNTY OF
On this, the I day of 20 C41- -before me ???' ci. ?- •? ?+?
the undersigned Notary Public, personally appeared Julie A. Charles, President of Wishing Well
Equestrian Center, Inc, who acknowledged himself or herself to be the President of Wishing Well Equestrian Center, Inc, of a corporation, and
that he or she as such President of Wishing Well Equestrian Center, Inc, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing the name of the corporation by himself or herself as President of Wishing Well Equestrian Center, Inc.
In witness whereof, I hereunto set my hand and official seal. f
NotwW Seal Q t,
Deborah L.Brememen'Notary pubic
QNTV HN Sao, Cumberland County Notary Public in and for the State of
??'fY Om"Iftim Expires June 18, 2006
Hamper, Pam Is Aseoaatlon Of Notaries
LASER PRO Lm inp, Vw. 6.30.00.004 Cop,. MFMntl FinandY Solutions, Inc. 1807, 3006. All Rights Rsss W. PA 0:\CFILLPL1E20.FC T1 11809 PR-1
DISCLOSURE Or ,IGHT TO RECEIVE A COPY 'AN APPRAISAL
11 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.
Anv item above containing "'""" has been omitted due to text length limitations.
Applicant: Julie A. Charles (SSN: 003-56-2258) Lender: ORRSTOWN BANK
125 Hill Lane STONEHEDGE OFFICE
Newville, PA 17241 77 EAST KING STREET
P 0 BOX 250
SHIPPENSBURG, PA 17257
Disclosure of Right to Receive a Copy of an Appraisal
Application Number:
Loan Number: 26470259001
You have the right to a copy of the appraisal report used in connection with your application for credit. If you wish to have a copy, please write
to us at the following mailing address ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257. We must hear
from you no later than ninety (90) days after we notify you about the action taken on your credit application or no later than ninety (90) days
after you withdraw your application.
In your letter, give us the following information:
Upon your request, the appraisal report will be sent to:
125 Hill Lane
Newville, PA 17241
APPLICANT ACKNOWLEDGMENT
I acknowledge that I have received a copy of this Disclosure of Right to Receive a Copy of an Appraisal.
APPLICANT:
X (Seal)
julli ff. h es EjAe
I LASER PRO L? d;19. V- 6.30.00.001 C,pr. M nd Fin-W Selulionl. Inp. 1997. 2006. All MOM. R11 d. - PA 13ACFILLPLV711.FC 18-11M PR-1
i
~~,'
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257,
Plaintiff,
NO. 2010-1533 CIVIL TERM
v.
CIVIL ACTION-LAW
_,_;
WISHING WELL ~ _
EQUESTRIAN CENTER, INC., ~,,
" `! ` _,,
~ r
~ ~~
125 HILL LANE r'' ` ~~ -~' ~'±
-
NEWVILLE, PA 17241 ~:
~-- ~~.. <~ =
,.
~
Defendant. 1~ ~~ ~
i
:
PRAECIPE TO _~~
ENTER DEFAULT JUDGMENT ~
,~ .
PURSUANT TO Pa.R.C.P. 1037
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendant,
Wishing Well Equestrian Center, Inc., for failure to file an answer to the Complaint of Plaintiff.
A true and correct copy of the Notice of Default is appended hereto as Exhibit "A."
A true and correct copy of the Certificate of Mailing for the Notice of Default is appended
hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with
Pa.R.C.P. 237.1.
Plaintiff requests judgment in the amount of $883,029.60 set forth in the Complaint
together with interest of $15,343.15 to May 19, 2010 with a per diem of $168.61 for a total of
$898,372.75.
Respectfully submitted,
BARIC SCHERER
David A. Baric, Esquire
~~~~C~~~y I.D. # 44853
19 West South Street
~,~ ,~L/~ 7,5~ Carlisle, Pennsylvania 17013
~,/ ~(~ ~~:~~~ (717) 249-6873
' ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
v.
WISHING WELL
EQUESTRIAN CENTER, INC.,
125 HILL LANE
NEWVILLE, PA 17241
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-1533 CIVIL TERM
CIVIL ACTION-LAW
TO: Wishing Well Equestrian Center, Inc.
125 Hill Lane
Newville, Pennsylvania 17241
Date of Notice: April 13, 2010
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
C SCH R
r
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
(717)249-6873
EXHIBIT "A"
U.S. POSTAL SERVICE
TE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Re eiv~d From:
~~~~ ~
3
U ~
ao
o
o mM
C) ~ D
m
m~
One piece of ordinary mail addressed to: °c 'D '~
/A' ~y o~ 2~:7~0 ~ u)
5 l~~l~/1 ~ "t~.~ ~. -r--v
u~sf nan ~~~_.~~~
to. c ~aotn..-t)
1~I~uuuill~, PA I~a4t ~ ~ R,
PS Form
January 1001
EXHIBIT "B"
CERTIFICATE OF SERVICE
I hereby certify that on May 26, 2010, I, David A. Baric, Esquire, of Baric Scherer did
serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first
class U.S. mail, postage prepaid, to the party listed below, as follows:
Wishing Well Equestrian Center, Inc.
125 Hill Lane
Newville, Pennsylvania 17241
~~~
David A. Baric, Esquire
ORRSTOWN BANK :
77 EAST KING STREET
SHIPPENSBURG, PA 17257, .
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.2010-1533 CIVIL TERM
v.
WISHING WELL
EQUESTRIAN CENTER, INC.,
125 HILL LANE
NEWVILLE, PA 17241 :
Defendant. :
CIVIL ACTION-LAW
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Wishing Well Equestrian Center, Inc.
125 Hill Lane
Nevwille, Pennsylvania 17241
Notice is hereby given to you of entry of a judgment against you in the above matter.
Prothonotary ~]
Date: ~~~~~/(~ r
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-1533 CIVIL TERM
V.
WISHING WELL
EQUESTRIAN CENTER, INC.,
125 HILL LANE
NEWVILLE, PA 17241
Defendant.
CIVIL ACTION-LAW
PRAECIPE TO VACATE
TO THE PROTHONOTARY:
- C"
r?
Kindly mark the judgment entered in the above matter on May 26, 2010 as vacated
without prejudice.
Respectfully submitted,
BARIC SCHERER
V
i
Date: October 13, 2010
da b.dir/orrstown bank/charles/note/vacatej udgment.pra
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
?Koo p? h
3A
CERTIFICATE OF SERVICE
I hereby certify that on October 13, 2010, I, David A. Baric, Esquire of Baric Scherer, did
serve a copy of the Praecipe To Vacate, by first class U.S. mail, postage prepaid, to the party
listed below, as follows:
Wishing Well Equestrian Center, Inc.
125 Hill Lane
Newville, Pe lvania 17241
David A. Baric, Esquire