HomeMy WebLinkAbout12-0140SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff tQ-''`
oTHONOTARY
Jody S Smith ?ayttp of umbr f 0 3. t
Chief Deputy C L'61 e FEB 13 AM 9' 15
Richard W Stewart CUMBERLAND COUNTY
Solicitor OFF CE OF Tr-c ER,FFF
PENNSYLVANIA
Orrstown Bank
vs. Case Number
Marvin Window & Door Showplace, Inc, 2012-140
SHERIFF'S RETURN OF SERVICE
02/06/2012 09:29 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 6,
2012 at 0929 hours, he served a true copy of the within Complaint in Confession of Judgment, upon the
within named defendant, to wit: Marvin Window & Door Showplace, Inc., by making known unto Deb
Scott, Project Manager for Marvin Window & Door Showplace, Inc. at 1261 Claremont Road, Carlisle,
Cumberland County, Pennsylvania 17015 its contents and at the same time han ing to her personally the
said true and correct copy of the same.
ILLIAM CLINE, DEPUTY
SHERIFF COST: $34.45
February 08, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff- T'eleosoft. Inc.
ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARVIN WINDOW AND DOOR
SHOWPLACE, INC.,
DEFENDANT NO. 12-140 CIVIL
ORDER OF COURT
AND NOW, this 15th day of February, 2012, upon consideration of the Defendant's
Petition to Strike Off or Open Judgment,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not
be granted;
2. The Plaintiff will file an answer on or before March 9, 2012;
3. The Prothonotary is directed to forward said Answer to this Court.
4. Hearing/Argument on the matter will be held on Wednesday, March 21, 2012, at 3:00
p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
? Elizabeth Goldstein, Esquire
Attorney for Plaintiff
Keith Brenneman, Esquire
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW P.
P.
ORRSTOWN BANK
VS.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
NO. 2012-140
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CIVIL ACTION - LAW> ?
ANSWER AND NEW MATTER OF PLAINTIFF,
ORRSTOWN BANK TO PETITION OF MARVIN WINDOW
& DOOR SHOWPLACE. INC. TO STRIKE OFF OR OPEN JUDGMENT
Plaintiff, Orrstown Bank (the "Plaintiff or the Bank") hereby :responds to
Defendant, Marvin Window & Door Showplace, Inc.'s ("Marvin Window" or
"Defendant") Petition to Strike Off or Open Judgment (the "Petition") as follows:
1. Admitted.
2. Denied. The Complaint in Confession of Judgment (the "Complaint") is a
written document which speaks for itself and the Defendant's incomplete and inaccurate
paraphrase of that document is denied.
3. Denied. The Complaint is a written document which speaks for itself and
the Defendant's incomplete and inaccurate paraphrase of that document is denied.
4. Denied as stated. On January 13, 2012, Orrstown Bank caused a judgment
to be confessed against Defendant in the amount of $2,190,176.76 and a true and correct
copy of the Entry of Appearance Confession of Judgment is attached to the Petition as
Exhibit A. Pleading further, the Entry of Appearance Confession of Judgment is a
written document which speaks for itself and the Defendant's incomplete and inaccurate
paraphrase of that document is denied. Pleading further, any discrepancy arnong that and
other documents is immaterial and nonprejudicial, and was otherwise waived.
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5. Denied. The Complaint and the Judgment are written documents which
speak for themselves and Defendant's incomplete and inaccurate paraphrase of those
documents is denied. Pleading further, the amount of the judgment, $2,190,176.76 is the
same amount set forth in the Entry of Appearance Confession of Judgment and also the
same amount which is also set forth in the prayer for relief in the Complaint.
6. Denied. Paragraph 6 contains a conclusion of law which no responsive
pleading is required. To the extent a responsive pleading is required, on January 13,
2012, Defendant was in default of payment obligations to Plaintiff under the note.
Pleading further, demand had been made under the note and all amounts were due
thereunder on or before January 13, 2012. Those amounts were not paid on or before that
date.
7. Denied. Paragraph 7 contains a conclusion of law which no responsive
pleading is required. To the extent a responsive pleading is required, on January 13,
2012, Defendant was in default of payment obligations to Plaintiff under the note.
Pleading further, demand had been made under the note and all amounts were due
thereunder on or before January 13, 2012. Those amounts were not paid on or before that
date.
8. Denied. Notices were sent to Marvin Window (to the attention of its
President, Susan DeRemer Slagle) and the guarantors of the Note, namely Robert Slagle,
Susan DeRemer Slagle and Lightstyles, Ltd. (to the attention of its President, Robert
Slagle). True and correct copies of the notices are attached hereto as Exhibits 1 through
4.
8727194
2
9. Denied. Paragraph 9 contains a conclusion of law to which no responsive
pleading is required. To the extent a responsive pleading is required, upon :information
and belief; Defendant is aware of circumstances which would place the note in default,
including, but not limited to:
(a) failure to pay all amounts due when demanded;
(b) affording the bank reasonable grounds for insecurity for the repayment of
its indebtedness based on, among other things, the financial circumstances
of the Defendant; and
(c) failure to cooperate with the bank's request for information regarding the
borrower.
10. Denied. Paragraph 10 contains a conclusion of law to which no
responsive pleading is required. To the extent a responsive pleading is required, the
Plaintiff has complied with Pa. R.C.P. 2962 in that, among other things, the, confession
package does substantially comply with the requirements of Rules 2955 and 2962. See
also Stein v. Penncrest Construction Corp., 280 Pa. Super. 560, 421 A.2d 1074 (1980)
(affirming denial of petition to strike judgment finding that, despite failure by judgment
creditor's attorney to explicitly enter his appearance for defendant, documents construed
as a whole made it apparent that appearance and judgment were being entered against
defendant in favor of judgment creditor).
11. Denied. Paragraph 11 contains a conclusion of law to which no
responsive pleading is required. To the extent a responsive pleading is required, the
Plaintiff has complied with Pa. R.C.P. 2962 in that, among other things, the confession
package does substantially comply with the requirements of Rules 2955 and 2962. See
also Stein v. Penncrest Construction Corp., 280 Pa. Super. 560, 421 A.2d 1074 (1980).
8727194
3
12. Denied. Paragraph 12 contains a conclusion of law to which no
responsive pleading is required.
13. Denied. Paragraph 13 contains a conclusion of law to which no
responsive pleading is required.
14. Denied. Paragraph 14 contains a conclusion of law to which no
responsive pleading is required.
15. Denied. The Entry of Appearance Confession of Judgment is a written
document which speaks for itself and Defendant's incomplete and inaccurate: paraphrase
of that document is denied. Pleading further, Plaintiff incorporates its response to
paragraph 10 hereof.
16. Denied. The Entry of Appearance Confession of Judgment is a written
document which speaks for itself and Defendant's incomplete and inaccurate: paraphrase
of that document is denied. Pleading further, Plaintiff incorporates its response to
paragraph. 10 hereof.
17. Denied. Paragraph 17 contains a conclusion of law to which no
responsive pleading is required. To the extent that a responsive pleading is required, the
Note is a written document which speaks for itself and Plaintiffs incomplete and
inaccurate paraphrase of that document is denied.
18. Denied. Paragraph 18 contains a conclusion of law to which no
responsive pleading is required. Pleading further, the note at issue in this case is a
demand note and demand was made under the note. Moreover, Defendant was in default
of the note as set forth in paragraphs 8 and 9 above. Plaintiff properly demanded
amounts due under the note.
8727194
4
WHEREFORE, the Plaintiff requests that Defendant's Petition to Strike Off or
Open Judgment be denied.
NEW MATTER
19. Plaintiff incorporates the averments set forth in paragraphs 1 through 18
above as if set forth at length herein.
20. Plaintiff's judgment should not be stricken because there is no defect on
the face of Plaintiff's Complaint in Confession of Judgment that would require Plaintiff's
judgment to be stricken.
21. Plaintiff's judgment should not be opened because Defendant has failed to
plead a meritorious defense to Plaintiff s Complaint and Confession of Judgment.
WHEREFORE, Plaintiff requests that Defendant's Petition to Strike Off or Open
Judgment be dismissed.
Respectfully submitted,
Mart' Weis (I.D. No. 51379)
Elizabeth Goldstein (I.D. No. 73779)
Dilworth Paxson LLP
112 Market St., Suite 800
Harrisburg, PA 17101
(717) 236-4812
Attorneys for Orrstown Bank
8727194
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Dilworth
Paxson.
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Martin J. Weis
mweis®dilworthlaw.com
November 2, 2011
VIA UPS OVERNIGHT MAII.
Marvin Window and Door Showplace, Inc.
Attention: Susan DeRemer Slagle, President
1216 Claremont Road
Carlisle, PA 17015
RE: Promissory Note dated June 1, 2010 Uan No. 13323003011
Dear Ms. Slagle:
This office represents Orrstown Bank in connection with the above-referenced matter.
On June 1, 2010, Marvin Window and Door Showplace, Inc. (the "Borrower") executed
in favor of Orrstown Bank (the "Bank") a promissory note in the original amount of
$2,100,000.00 bearing interest at an initial interest rate of 5% (the "Note"). The Note is secured
by, among other things, mortgages and assignments of rents on real property located at 1267
Allendale Road, Mechanicsburg, PA 17055; 39691 Hampton Lane, North Bethany, DE 19930;
and 8 Foxfield Court, Mechanicsburg, PA 17050; life insurance policies described in a certain
assignment of life insurance polices dated June 1, 2010; and inventory chattel., paper, accounts,
equipment, general intangibles and other assets of the Borrower. The Note is guaranteed by
Robert L. Slagle, Susan E. DeRemer Slagle, and Lightstyles, Ltd.
The amounts owed as of October 31, 2011 are as follows:
Principal: $2,076,817.15
Interest: $ 8,652.30
Loan Admin Fee $ 300.00
Total $2,085,769.45
The per diem interest on the Note is $288.24,
Pursuant to the terms of the Note, Orrstown Bank hereby demands that payment in full of
the Note be made on or before December 2, 2011. Payment should be sent to:
112 Market Street - Suitr 800 - Harrisburg, PA 17101-2015 - 717-236-4812 - fax: TL7-236-7811
8wwndiWorthlawcom - Philadelphia, PA. Cherry Hill., NJ . Washington, DC . Neptune, NJ . Wilmington, DE
Marvin Window and Door showplace, Inc.
November 2, 2011
Page 2
Orrstown Bank
2695 Philadelphia Avenue
Chambersburg, PA 17201
Attention: Bradley Tanguay
If you would prefer to pay this by wire, please contact Mr. Tanguay at Orrstown Bank to
arrange for wire instructions. Partial payments will be accepted and credited against your
accounts however, they will not relieve the Borrower of its obligations under the Note and this
letter.
Failure to pay in accordance with this letter shall cause a default under the Note and may
cause the Bank to, without further notice to the Borrower or guarantors, take all appropriate
action and institute all appropriate legal proceedings which the Bank deems necessary to assure
full collection of the amount due on the Note. These proceedings could include, but are not
limited to, filing a civil action or confession of judgment proceeding against the Borrower or any
of the guarantors. You will be responsible for legal fees incurred by the Bank in connection with
the collection of such outstanding amounts.
By delivering this letter, the Bank is not waiving any rights, powers or privileges granted
to the Bank by the Note or the various other documents and instruments executed by the
Borrower and others as collateral for the Note. The Bank hereby expressly reserves all of its
rights with respect to enforcing any and all such rights, powers or privileges at any time in the
future. In no event shall the Bank's delay in exercising, or its failure to exercise, any and all of
the Bank's rights, powers, privileges or remedies, nor the Bank's partial exercise of the same,
constitute a waiver or release of any of the Bank's rights, powers, privileges or remedies.
Sincerely,
uchn ?:;.(??s
Martin J. Weis
MJW:fcw
cc: Robert Slagle
Susan B. DeRemer
Lightstyles, Ltd.
82814334
Exhibit " 1 B"
. UPS CampusShip: Shipment F °ipt
Shipment Receipt
Transaction Date:
02 Nov 2011
17_66V043A290768758
1n Address Information
Ship To: Ship From:
Marvin Window & Door Showplace Inc. Dilworth Paxson - Harrisburg
Attn: Susan DeRemer Slagle, Pres. ELLEN YASINSKI
1216 Claremont Road 112 Market Stmt, 8th Floor
CARLISLE PA 170159742 Harrisburg PA 17101
Telephone:8008470655
Return Address:
Dilworth Paxson - Harrisburg
ELLEN YASINSKI
112 Market Street, 8th Floor
Harrisburg PA 17101
[2 Package information
Weight Dimensions / Declared Value Reference Numbers
Packaging
1. Letter UPS Letter Client/Matter - 29512194996
Attorney Name - Martin J. Weis, Esq.
F UPS Shipping Service and Shipping Options
Service:
UPS Next Day Air
Guaranteed By:
10:30 AM Thursday, 11/3/11
Additional Shipping Options
Delivery Confirmation:
Package 1: Adult Signature
Required
Total Shipping Charges
® Payment Information
Bill Shipping Charges to: Shi ees Account 66VO43
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1Z66V043A290768768
Delivered
Delivered On:
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Left At:
Receiver
Special Instructions:
Adult Signature Required
Signed By:
SCOTT
Proof of Delivery
I Request Status Updates
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Shipped/Billed On: 11/02/2011
Type: Package
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DELIVERY NOTIFICATION
INQUIRY FROM: DILWORTH PAXSON LLP
112 MARKET ST FLR 8
HARRISBURG PA 17101
SHIPMENT TO: ATTN: SUSAN DEREMER SLAGLE,
MARVIN WINDOW & DOOR SHOWPLA
1261 CLAREMONT RD
CARLISLE PA 17015
Shipper Number ............................66VO43 . Tracking Identification Number... 1Z66V043A280768758
According to our records 1 parcel was delivered on 11/03/11 at 9:27 A.M.. The shipment was signed for
by SCOTT as follows:
SHFPER PKG TRACKING ADDRESS
NUMBER to No. NUMBER (NOISiREET,cny) SIGNATURE
86VO43 /ZBBV043A2907e8768 1261 CLAREMONT RD (.M
CARLISLE
TPA2176:000A0000
E-khibit 441C
UPS CampusSiup: Shipment Receipt
Shipment Receipt
Transaction Date: 02 Nov 2011
Tractan Number. 1Lt3t3VtJ43AZSO4p?.hb?J
1M Address Information
Ship To: Ship From:
Robert L. Slagle Dilworth Paxson - Harrisburg
8 Foxfield Court ELLEN YASINSKI
MECHANICSBURG PA 170507339 112 Market Street, 8th Floor
Harrisburg PA 17101
Residential Telephone:8008470655
Return Address:
Dilworth Paxson - Harrisburg
ELLEN YASINSKI
112 Market Street, 8th Floor
Harrisburg PA 17101
I M Package Information
Weight Dimensions / Declared Value Reference Numbers
Packaging
1. Letter UPS Letter Client/Matter - 29512/94996
Attorney Name - Martin J. Weis, Esq.
M UPS Shipping Service and Shipping Options
Service:
UPS Next Day Air
Guaranteed By:
10:30 AM Thursday, 1113/11
Additional Shipping Options
Delivery Confirmation:
Package 1: Adult Signature
Required
Total Shipping Charges
Payment Information
Bill Shipping Charges to: Shi is Account 66VO43
You are not authorized to view rates information. All Shipping Charges in USD
Note: Your invoice may vary from the displayed reference rates.
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1 l Z66V043A290405569
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j Harrisburg, PA, United States 11107/2011 921 A.M. The customer was not available on 3rd attempt. --_--
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postcard has been sent to the recipient requesting ti
contact UPS.
11107/2011 9:21 A.M. The customer was not available on 3rd attempt.
11/07/2011 5:20 A.M. Out For Delivery
Harrisburg, PA, United States 11/0412011 9:18 A.M. The customer was not available on the 2nd attempt.
attempt will be made.
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Exhibit " 1 D"
UPS '.,a:mpusShip: Shipment Receipt
Page 1 of 1
Shipment Receipt
Transaction Date:
02 Nov 2011
TracKin Numder: Looww?r?cn + r ?? + r c
1® Address Information
Ship To: Ship From:
Susan B. DeRemer Dilworth Paxson - Harrisburg
a/kla Susan DeRemer Slagle ELLEN YASINSKI
8 Foxfield Court 112 Market Street, 8th Floor
MECHANICSBURG PA 170507339 Harrisburg PA 17101
Telephone:8008470655
Residential Return Address:
Dilworth Paxson - Harrisburg
ELLEN YASINSKI
112 Market Street, 8th Floor
Harrisburg PA 17101
®2 Package Information
Weight Dimensions / Declared Value Reference Numbers
Packaging
1. Letter UPS Letter - - Client/Matter - 29512/94996
Attorney Name - Martin J. Weis, Esq. J
3M UPS Shipping Service and Shipping Options
Service:
UPS Next Day Air
Guaranteed By:
10:30 AM Thursday, 1113/11
Additional Shipping Options
Delivery Confirmation:
Package 1: Adult Signature
Required
Total Shipping Charges
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Bill Shipping Charges to: Shipper's Account 66VO43
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* For delivery and guarantee information, see the UPS Service Guide. To speak to a customer service representative, call 1-800-PICK-UI
domestic services and 1-800-782-7892 for International services.
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shipped/Billed On: 11102/2011
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Time
Harrisburg, PA, United States 11/07/2011 6:35 P.M. The customer was not available on 3rd attempt. / A
postcard has been sent to the recipient requesting tt
contact UPS.
11/07/2011 9:21 A.M. The customer was not available on 3rd attempt.
11/07/2011 5:20 A.M. Out For Delivery
Harrisburg, PA, United States 11/04/2011 9:18 A.M. The customer was not available on the 2nd attempt.
attempt will be made.
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Exhibit "I E"
uFs: _:ampusSIup: shipment Kf apt
Shipment Receipt
Transaction Date: 02 Nov 2011
Tracking Number: IQ? 1Z66V043A290018586
1® Address Information
Ship To: Ship From: Return Address:
Ughtstyles LTD Dilworth Paxson - Harrisburg Dilworth Paxson - Harrisburg
Attn: Robert L. Slagle ELLEN YASINSKI ELLEN YASINSKI
1216 Claremont Road 112 Market Street, 8th Floor 112 Market Street, 8th Floor
CARLISLE PA 170159742 Harrisburg PA 17101 Harrisburg PA 17101
Telephone:8008470655 Teleohone:8008470655
I M Package Information
Weight Dimensions / Declared Value Reference Numbers
Packaging
1. Letter UPS Letter ClienUMatter - 29512/94896
Attorney Name - Martin J. Weis, Esq.
UPS Shipping Service and Shipping Options
Service:
UPS Next Day Air
Guaranteed By:
10:30 AM Thursday, 1113/11
Additional Shipping Options
Delivery Confirmation:
Package 1: Adult Signature
Required
Total Shipping Charges
® Payment Information
Bill Shipping Char es to: Shipper's Account 66VO43
You are not authorized to view rates Information. All Shipping Charges In USD
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Note: Your invoice may vary from the displayed reference rates.
" For delivery and guarantee information, see the UPS Service Guide. To speak to a customer service representative, call 1-800•PICK-Ul
domestic services and 1-800-782-7892 for international services.
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4?'
ATTN : ALLEN TOMPKINS
PHONE : (215)575-7117
dovember 7, 2011
Shipper 66VO43
Page 1 of 1
DELIVERY NOTIFICATION
INQUIRY FROM: DILWORTH PAXSON LLP
112 MARKET ST FLR 8
HARRISBURG PA 17101
SHIPMENT TO: ATTN: ROBERT L. SLAGLE
LIGHTSTYLES LTD
1261 CLAREMONT RD
CARLISLE PA 17015
Shipper Number ............................66V043 Tracking Identification Number... 1Z66V043A290016586
According to our records 1 parcel was delivered on 11/03/11 at 8:27 A.M.. The shipment was signed for
by SCOTT as follows:
SHIPPER PKO TRACKING ADDRESS
NUMBER 10 NO. NUMBER (NOISTREETCITY) SIGNATURE
66VO43 IZ66M3A290048666 1361 CLAREMONT RD Cr
CARUSW
TPA2176:000A0000
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1 Z66V043A290018686
Delivered
Delivered On:
Thursday, 11/03/2011 at 9:27 A.M. Request Status Updates
Left At:
Receiver
Special Instructions:
Adult Signature Required
I
Signed By:
SCOTT
I Proof of Delivery
Additional Information
Shipped/Billed On: 11/02/2011
Type: Package
Shipment Progress What's-T
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Exhibit "2A"
Dilworth
Paxson,,
Martin J. Weis
mweis@dilworthlaw.com
December 6, 2011
VIA UPS OVERNIGHT MAIL
Mr. Robert L. Slagle
8 Foxfield Court
Mechanicsburg, PA 17050
RE: Promissory Note dated June 1, 2010 [Loan No. 13323003011
Dear Mr. Slagle:
This office represents Orrstown Bank in connection with the above referenced matter.
On June 1, 2010, Marvin Window and Door Showplace, Inc. (the "Borrower") executed
in favor of Orrstown Bank (the "Bank") a promissory note in the original amount of
$2,100,000.00 bearing interest at an initial interest rate of 5% (the "Note"). The Note is secured
by, among other things, mortgages and assignments of rents on real property located at 1267
Allendale Road, Mechanicsburg, PA 17055; 39691 Hampton Lane, North Bethany, DE 19930;
and 8 Foxfield Court, Mechanicsburg, PA 17050; life insurance policies described in a certain
assignment of life insurance polices dated June 1, 2010; and inventory chattel, paper, accounts,
equipment, general intangibles and other assets of the Borrower. The Note is guaranteed by
Robert L. Slagle, Susan E. DeRemer Slagle, and Lightstyles, Ltd.
The a mounts owed as of October 31, 2011 are as follows:
Principal: $2,076,817.15
Interest: $ 8,941.85
Loan Admin Fee $ 300.00
Legal Fees $ 3,000.00
Total $2,089,058.90
The per diem interest on the Note is $288.24.
1500 Market Street • Suite 3500E • Philadelphia, PA 19102-7101. 215-575-7000 • fax: 215-575-7200
84yf9W. j lworthlaw com . Cherry Hill, NJ • Harrisburg, PA • Washington, DC • Neptune, NJ • Wilmington, DE
Mr. Robert L. Slagle
December 6, 2011
Page 2
On November 2, 2011, the Bank demanded repayment of the Note on or before
December 2, 2011. To date that payment has not been received and the loan is in default.
Pursuant to the terms of your commercial guaranty dated June 1, Orrstown Bank hereby
demands that payment in full of the Note be made on or before December 28, 2011. Payment
should be sent to:
Orrstown Bank
2695 Philadelphia Avenue
Chambersburg, PA 17201
Attention: Bradley Tanguay
Partial payments will be accepted and credited against your accounts however, they will
not relieve the guarantor of its obligations under the guaranty and this letter.
Failure to pay in accordance with this letter shall cause a default under the guaranty and
may cause the Bank to, without further notice to the Borrower or guarantors, take all appropriate
action and institute all appropriate legal proceedings which the Bank deems necessary to assure
full collection of the amount due on the Note and guaranties. These proceedings could include,
but are not limited to, filing a civil action or confession of judgment proceeding against the
Borrower or any of the guarantors. You will be responsible for legal fees incurred by the Bank
in connection with the collection of such outstanding amounts.
By delivering this letter, the Bank is not waiving any rights, powers or privileges granted
to the Bank by the Note or the various other documents and instruments executed by the
Borrower and others as collateral for the Note. The Bank hereby expressly reserves all of its
rights with respect to enforcing any and all such rights, powers or privileges at any time in the
future. In no event shall the Bank's delay in exercising, or its failure to exercise, any and all of
the Bank's rights, powers, privileges or remedies, nor the Bank's partial exercise of the same,
constitute a waiver or release of any of the Bank's rights, powers, privileges or remedies.
Sincerely,
JJ,,& w
Martin J. Weis
MJ W:lz
8431990 2
Exhibit "2B"
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DILWOR77i PAXSON - PHILADWRIA
1500 MARKET STR ESr
PHILADELPFIIA PA 19102
SHIP TO:
ROBERT L. SLAGLE
ROBERT L. SLAGLE
8 FOXFIELD COURT
MECHANICSBURG PA 17050-7339
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BILLING: P/P
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Client/Matter: 29511/949
i Attorney Name: Martin J. Weis
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Tracking Detail , C y r?A_A A
1 ZV695OR2494625551 Updated 03103+7012 4 42 P M Eastern Time
Alternate Traiaing Number 1Zv6350R1.'9»6s555c
Returning to Sender Shipping Information
To: PHILADELPHIA, PA, US
Last Location Change Delivery w?
Harrisburg, PA United States, Friday. 12/1612011 Shipped By
Special Instructions: Request Status Updates w UPS Next Day
Signature Required AirV
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Shipped/Billed On: 12/06/2011 ( I !
Type: Package TGRED OF 4 a
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Location Date Time Activity ;
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Harrisburg, PA, United Slates 12/16/2011 4:50 P.M. The customer was not available on 3rd attempt. /
Returned to shipper.
Alternate Tracking Number
1ZV695OR12946251-56
Harrisburg, PA, United States 12/0912011 6.45 P.M. The customer was not available on 3rd attempt. ! A
postcard has been sent to the recipient requesting that
they contact UPS, l !1
12109/2011 9:11 A,M The customer was not available on 3rd attempt.
12109/2011 2:54 A.M. Out For Delivery
Harrisburg, PA, United States 12101312011 9:12 A.M. The customer was not available on the 2nd attempt. A 3rd
attempt will be made.
12!0812011 4:10 A.M. Out For Delivery
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Harrisburg, PA, United Slates 12/0712011 923 A.M. The customer was not available on the 1 st attempt. A 2nd
attempt will be made
12/0712011 7:08 A.M. Out For Delivery
i
Middletown, PA United States 12107/2011 6:16 A.M. Departure Scan
12107/2011 4:55 A.M. Arrival Scan
Philadelphia, PA, United States 12/07/2011 2,57 A.M. Departure Scan
I I
12!07/2011 12:01 A.M. Arrival Scan
Philadelphia. PA, United States 12106/2011 11:22 P M Departure Scan
12/0612011 741 P.M. Origin Scan
12/06/2011 6:31 P.M. Pickup Scan
United Stales 12/06/2011 11:00 A M. Order Processed: Ready for UPS
--- ---....... . - --... _..... -...._.._._.-...__......_._..:
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Service Terms and Conditions VVebsite Terms of Use Pnvaw Notice 1J Your California Privacy Rionts ? Proterl Against F ou
Copyright 0 19942012 United Parcel Service of America, Inc. All rights eserved.
Exhibit "3A"
Dilworth
Paxson
Martin I Weis
mweis@dilworthlaw.com
December 6, 2011
VIA UPS OVERNIGHT MAIL
Ms. Susan B. DeRemer
8 Foxfield Court
Mechanicsburg, PA 17050
RE: Promissory Note dated June 1, 2010 [Loan No. 1332300301]
Dear Ms. DeRemer:
This office represents Orrstown Bank in connection with the above referenced matter.
On June 1, 2010, Marvin Window and Door Showplace, Inc. (the "Borrower") executed
in favor of Orrstown Bank (the "Bank") a promissory note in the original amount of
$2,100,000.00 bearing interest at an initial interest rate of 5% (the "Note"). The Note is secured
by, among other things, mortgages and assignments of rents on real property located at 1267
Allendale Road, Mechanicsburg, PA 17055; 39691 Hampton Lane, North Bethany, DE 19930;
and 8 Foxfield Court, Mechanicsburg, PA 17050; life insurance policies described in a certain
assignment of life insurance polices dated June 1, 2010; and inventory chattel, paper, accounts,
equipment, general intangibles and other assets of the Borrower. The Note is guaranteed by
Robert L. Slagle, Susan E. DeRemer Slagle, and Lightstyles, Ltd.
The a mounts owed as of December 2, 2011 are as follows:
Principal: $2,076,817.15
Interest: $ 8,941.85
Loan Admin Fee $ 300.00
Legal Fees $ 3.000.00
Total $2,089,058.90
The per diem interest on the Note is $288.24.
1500 Market Street • Suite 3500E • Philadelphia, PA 19102-2101 • 215-575-7000 • fax: 215-575-7200
84iMW.Vworthlawcom . Cherry Hill, NJ . Harrisburg, PA • Washington, DC • Neptune, NJ . Wilmington, DE
Ms. Susan B. DeRemer
December 6, 2011
Page 2
On November 2, 2011, the Bank demanded repayment of the Note on or before
December 2, 2011. To date that payment has not been received and the loan is in default.
Pursuant to the terms of your commercial guaranty dated June 1, Orrstown Bank hereby
demands that payment in full of the Note be made on or before December 28, 2011. Payment
should be sent to:
Orrstown Bank
2695 Philadelphia Avenue
Chambersburg, PA 17201
Attention: Bradley Tanguay
Partial payments will be accepted and credited against your accounts however, they will
not relieve the guarantor of its obligations under the guaranty and this letter.
Failure to pay in accordance with this letter shall cause a default under the guaranty and
may cause the Bank to, without further notice to the Borrower or guarantors, take all appropriate
action and institute all appropriate legal proceedings which the Bank deems necessary to assure
full collection of the amount due on the Note and guaranties. These proceedings could include,
but are not limited to, filing a civil action or confession of judgment proceeding against the
Borrower or any of the guarantors. You will be responsible for legal fees incurred by the Bank
in connection with the collection of such outstanding amounts.
By delivering this letter, the Bank is not waiving any rights, powers or privileges granted
to the Bank by the Note or the various other documents and instruments executed by the
Borrower and others as collateral for the Note. The Bank hereby expressly reserves all of its
rights with respect to enforcing any and all such rights, powers or privileges at any time in the
future. In no event shall the Bank's delay in exercising, or its failure to exercise, any and all of
the Bank's rights, powers, privileges or remedies, nor the Bank's partial exercise of the same,
constitute a waiver or release of any of the Bank's rights, powers, privileges or remedies.
Sincerely, /
W?
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Martin J. Weis
MJW:lz
843(987_2
Exhibit "3B"
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(21S) 575-7097 7097
DILWORTH PA)MON - PHILADELPHIA
1500 MARKET STREET
PHILADELPHIA PA 19102
SHIP TO:
MS. SUSAN B. DEREMER
MS. SUSAN B. DEREMER
8 POXPFM COURT
MECHANICSBURG PA 17050-7339
PA 171 9-10
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UPS NEXT DAY AIR 'j
TRACfQNG #: 12 V69 SOR 24 9261 1560 1
BILUNG: P/P
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Tracking Detail
1ZV695OR2492611560
Alternate Tracking Number
1ZV6950R1292611565
Fes, ? A,?,, A-; I
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Updated 03/05i2012 4:41 P.M. Eastern Time
Returning to Sender
Last Location: I Change Delivery
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Harrisburg. PA, United States, Friday, 12/16/2011 L
Special Instructions: Request Status Updates rt
Signature Required
Additional Information
Shipped/Billed On: 12/0612011
Type: Package
Shipping Information
To: PHILADELPHIA, PA, US
i
Shipped By
UPS Next Day
Air®
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Location Date Local
Time Activity
Harrisburg. PA, United States 12/16/2011 449 P.M The customer was not available on 3rd attempt. /
Returned to shipper. i
Alternate Tracking Number I
I ZV695OR 1202611565
' Harrisburg, PA. United States 12/09/2011 6'.45 P.M. The customer was not available on 3rd attempt. / A
postcard has been sent to the recipient requesting that
they contact UPS. I
I I
I
12/09/2011 9:11 A.M. The customer was not available on 3rd attempt
12/09/2011 2:54 A.M. Out For Delivery
I
Harrisburg, PA, United States 12/08/2011 9.12 A.M. The customer was not available on the 2nd attempt. A 3rd
attempt will be made.
12/08/2011 4.10 A.M. Out For Delivery
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1
Harrisburg, PA. United States 12/0712011 9:23 AV The customer was not available on the 1st attempt A 2nd
attempt will be made.
12/07/2011 743 A M- Out For Delivery
I
12/07/2011 5:15A.M. Arrival Scan j j
Philadelphia, PA, United States 12/0712011 2:47 A.M. Departure Scan
12107/2011 12:01 A.M. Arrival Scan I
i Philadelphia, PA, United States 12/06/2011 11:22 P-M. Departure Scan
12/0612011 7:44 P.M. Origin Scan
United States 121'0612011 11:04 A.M. Order Processed Ready for UPS
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Service Terms and Condibgns Weosite Terms of Use Pnvaev Notice ?l Vour California Privacy Rights :7 Pmlecl Against hraud
Copyright 0 19942012 United Parcef Service of Amenca, Inc. All rights reserved.
Exhibit "4A"
Dilworth
Paxson,
Martin J. Weis
mwelis@dilworthlaw.com
December 6, 2011
VIA UPS OVERNIGHT MAIL
I.,ightStyles, Ltd
Attn: Robert L. Slagle
1261 Claremont Road
Carlisle, PA 17015
RE: Promissory Note dated June 1, 2010 [Loan No. 1332300301]
Dear Mr. Slagle:
This office represents Orrstown Bank in connection with the above referenced matter.
On June 1, 2010, Marvin Window and Door Showplace, Inc. (the "Borrower") executed
in favor of Orrstown Bank (the "Bank") a promissory note in the original amount of
$2,100,000.00 bearing interest at an initial interest rate of 5% (the "Note"). The Note is secured
by, among other things, mortgages and assignments of rents on real property located at 1267
Allendale Road, Mechanicsburg, PA 17055; 39691 Hampton Lane, North Bethany, DE 19930;
and 8 Foxfield Court, Mechanicsburg, PA 17050; life insurance policies described in a certain
assignment of life insurance polices dated June 1, 2010; and inventory chattel, paper, accounts,
equipment, general intangibles and other assets of the Borrower. The Note is guaranteed by
Robert L. Slagle, Susan E. DeRemer Slagle, and Lightstyles, Ltd.
The amounts owed as of December 2, 2011 are as follows:
Principal: $2,076,817.15
Interest: $ 8,941.85
Loan Admin Fee $ 300.00
Legal Fees $ 3,000.00
Total $2,089,058.90
The per diem interest on the Note is $288.24.
1500 Market Street • Suite 3500E • Philadelphia. PA 19102-2101. 215-575-7000 • fax: 215-575-7200
84mw.dilworthlawcom . Cherry Hill, NJ • Harrisburg, PA • Washington, DC • Neptune, M • Wilmington, DE
Mr. Robert L. Slagle
December 6, 2011
Page 2
On November 2, 2011, the Bank demanded repayment of the Note on or before
December 2, 2011. To date that payment has not been received and the loan is in default.
Pursuant to the terms of your commercial guaranty dated June 1, Orrstown Bank hereby
demands that payment in full of the Note be made on or before December 28., 2011. Payment
should be sent to:
Orrstown Bank
2695 Philadelphia Avenue
Chambersburg, PA 17201
Attention: Bradley Tanguay
Partial payments will be accepted and credited against your accounts however, they will
not relieve the guarantor of its obligations under the guaranty and this letter.
Failure to pay in accordance with this letter shall cause a default under the guaranty and
may cause the Bank to, without f u-ther notice to the Borrower or guarantors, take all appropriate
action and institute all appropriate legal proceedings which the Bank deems necessary to assure
full collection of the amount due on the Note and guaranties. These proceedings could include,
but are not limited to, filing a civil action or confession of judgment proceeding against the
Borrower or any of the guarantors. You will be responsible for legal fees incurred by the Bank
in connection with the collection of such outstanding amounts.
By delivering this letter, the Bank is not waiving any rights, powers or privileges granted
to the Bank by the Note or the various other documents and instruments executed by the
Borrower and others as collateral for the Note. The Bank hereby expressly reserves all of its
rights with respect to enforcing any and all such rights, powers or privileges at any time in the
future. In no event shall the Bank's delay in exercising, or its failure to exercise, any and all of
the Bank's rights, powers, privileges or remedies, nor the Bank's partial exercise of the same,
constitute a waiver or release of any of the Bank's rights, powers, privileges or :remedies.
Sincerely, 4V),
Martin J. Weis
MJW:lz
843!997_2
Exhibit "4B"
ura: iriz?xiu? iitiunttauun Yage I of I
United States New User ?.og•ln I Contact UPS I The UPS Store Search Sub
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Tracking Number Trock Loo -In for additional tracking details. Other Tracking Options
Tracking Detail Print Help n A A
1ZV695OR2492572148 Updated, 02122!2012 5 46 P.M. Eastern Time
Delivered
Delivered On:
Request Status Updates n
Wednesday, 12/0712011 at 9:30 A.M.
Left At
Receiver
Special Instructions:
Signature Required
Signed By:
SCOTT
Proof of Delivery
Additional Information
ShippedlBilled On: 17/06/2011
Type:
s
. Package
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To: CARLISLE, PA, US
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ffrlaiI UPS Register Small Business
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Service Terms and Conditions Mbsile Terms of Use PrivacyNotice 7 Your Califomia Privacy Rights Z Protect Aaalnst FnIud
Copyright ®1994-2012 United Paroel Sella of America, Inc. All rights reserved.
http://wwwapps.ups.com/W ebTracking/processRequest?HTMLVersion=5.0&Requi::stet =... 2/22/2012
rage i of z
Weis, Martin J. (PHL)
From: Zimmerman, Lori A. (PHL)
Sent: Wednesday, December 07, 2011 11:07 AM
To: Weis, Martin J. (PHL)
Subject: FW: UPS Delivery Notification, Tracking Number 1ZV6950R2492572148
FYI
From: UPS Quantum View [mailto:auto-notify@ups.com]
Sent: Wednesday, December 07, 20119:52 AM
To: Zimmerman, Lori A. (PHL)
Subject: UPS Delivery Notification, Tracking Number 1ZV6950R2492572148
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UPS:
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4F M MY alwCE-
WIN WHAT
YOU WANT
`r' F. "y` Aft `;"
Nix purchase neeessaey,
***Do not reply to this a-mail. UPS and Dilworth
Paxson - Philadelphia will not receive your reply.
At the request of Dilworth Paxson -
Philadelphia, this notice is to confirm that the
following shipment has been delivered.
Important Delivery Information
Tracking Number: 1ZV6950R2492572'I48
Delivery Date I 07-December-2011 /9:30
Time: AM
Delivery Location: RECEIVER
Signed by: SCOTT
Shipment Detail
Ship To:
Attn: Robert L. Slagle
LightStyles, Ltd.
1261 CLAREMONT RD
CARLISLE
PA
17015
US
Number of Packages: 1
2/22/2012
rage /_ or z
UPS Service: NEXT DAY AIR
Shipment Type: Letter
Reference Number 1: 29512/94996
Reference Number 2: Martin J. Weis
Reference Number 3: Orrstown/Slagle
2@@2@@2RorYbu6
0 2011 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks of
United Parcel Service of America, Inc. All rights reserved.
For more information on UPS's privacy practices, refer to the UPS Privacy Policy.
Please do not reply directly to this e-mail. UPS will not receive any reply message.
For questions or comments, visit Contact UPS.
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2/22/2012
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF FRANKLIN
Bradley Tanguay, being duly sworn according to law, deposes and says that he is
Vice President, Special Assets, Orrstown Bank, Plaintiff named herein; that as such he is
authorized to take this Affidavit on its behalf; that the facts set forth in the foregoing
Answer and New Matter of Plaintiff Orrstown Bank to Petition of Marvin Window &
Door Showplace, Inc. to Strike Off or Open Judgment are true and correct to the best of
his knowledge, information and belief.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christiana R. Timmons, Notary Public
Chambersburg Boro, Franklin County
My Commission Expires March 3, 2014
Member, PennsVivania Association of Notaries
Sworn to and Subscribed
Before me this ?Gt day
of N k?'(-Vl , 2012.
t - t1111..Yvlll )?
1' l
Notary Public
8727194
Bradley Ta.nguay
Vice President
Notarial Sly'
immons,
pwro, Fl
' xpires
6
•
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the
persons and in the manner indicated below, which service satisfies the requirements of
the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United
States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
Keith Brenneman, Esquire
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
Dated: ?-
Eliza eth J. G Idstein
Pa. I.D. # 73779
Dilworth Paxson, LLP
112 Market Street, Suite 800
Harrisburg, PA 17101
Telephone (717) 213-41106
Attorneys for Orrstown Bank
88067111
ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARVIN WINDOW AND DOOR
SHOWPLACE, INC.,
DEFENDANT NO. 12-140 CIVIL
ORDER OF COURT
AND NOW, this 22nd day of March, 2012, upon consideration of the Defendant's Petition
to Strike Off or Open Judgment, the Plaintiff's Answer and New Matter thereto, the arguments of
counsel, and a careful analysis of the holding in Stein v. Penncrest Construction Corp., 421
A.2d 1074 (Pa.Super. 1980);
IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition to Strike Off or
Open Judgment is DENIED.
? Elizabeth Goldstein, Esquire
Attorney for Plaintiff
Keith Brenneman, Esquire
Attorney for Defendant
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By the Court,
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M. L. Ebert, Jr., J
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