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HomeMy WebLinkAbout12-0141SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - Sheriff- ? tt s Jody S Smith " ?t? Chief Deputy _ Richard W Stewart 14 i,ti,h i CI?,i Solicitor P Di1,'j,S YLVA MA Orrstown Bank vs Case Number . Robert L Slagle 2012-141 SHERIFF'S RETURN OF SERVICE 01/17/2012 06:28 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2012 at 1828 hours, he served a true copy of the within Complaint in Confession of Judgment, upon the within named defendant, to wit: Robert L. Slagle, by making known unto himself personally, at 8 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, D Y SHERIFF COST: $38.44 January 20, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ORRSTOWN BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT L. SLAGLE, DEFENDANT : NO. 12-141 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. By the Court, ?? Elizabeth Goldstein, Esquire Attorney for Plaintiff Keith Brenneman, Esquire Attorney for Defendant ?L n A c z ?X M cYrr- Zaa CO -0m M. L. Ebert, Jr., J. cor c? ' Q ro Z C) N * rn r bas eor'-e5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. 2012-141 Vs. ROBERT L. SLAGLE CIVIL ACTION - LAW ANSWER AND NEW MATTER OF PLAINTIFF, ORRSTOWN BANK TO PETITION OF ROBERT SLAGLE TO STRIKE OFF OR OPEN JUDGMENT cl C:.. -v ? ryl ?U CD co -o W :v Plaintiff, Orrstown Bank (the "Plaintiff or the Bank") hereby responds to Defendant, Robert Slagle's ("Slagle" 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. The Complaint is a written document which speaks for itself and the Defendant's incomplete and inaccurate paraphrase of that document is denied. 5. 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 c? a ?C -n (D 87655994 paraphrase of that document is denied. Pleading further, any discrepancy among that and other documents is immaterial and nonprejudicial and was otherwise waived. 6. 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 set forth in the prayer for relief in the Complaint. 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, Marvin Window & Door Showplace, Inc. ("Marvin Window") was in default of payment obligations to Plaintiff under the note. Pleading further, demand had been made under the note and guaranty and all amounts were due thereunder on or before January 13, 2012. Those amounts were not paid on or before that date. 8. Denied. Paragraph 8 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 his guarantee. Pleading further, demand had been made under the note and guarantees and all amounts were due thereunder on or before January 13, 2012. Those amounts were not paid on or before that date. 9. 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). Certain of the notices were not accepted by the individuals. True and correct copies of the notices are attached hereto as Exhibits 1 through G. 2 87655994 10. Denied. Paragraph 10 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 and guarantees in default including, but not limited to: (a) failure to pay all amounts due when demanded; (b) the bank being afforded 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. 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) (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). 12. Denied. Paragraph 12 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). 87655994 3 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. Paragraph 15 contains a conclusion of law to which no responsive pleading is required. 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. 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. 18. Denied. Paragraph 18 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. 19. Denied. Paragraph 19 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. 87655994 4 WHEREFORE, the Plaintiff requests that Defendant's Petition to Strike Off or Open Judgment be denied. NEW MATTER 20. Plaintiff incorporates the averments set forth in paragraphs 1 through 19 above as if set forth at length herein. 21. 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. 22. 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, I 87655994 Martifl Weis (I.D. No. 51379) Elizabeth Goldstein (I.D. No. 73779) Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 1.7101 (717) 236-4812 Attorneys for Orrstown Bank 5 Exhibit "1 A" Dilworth Paxson, Martin J. Weis mweis@dilworffilaw.com November 2, 2011 VIA UPS OVERNIGHT MAIL Marvin Window and Door Showplace, Inc. Attention: Susan DeRemer Slagle, President 1216 Claremont Road Carlisle, PA 17015 RE: Promiss2rv Note dated June 1, 2010 (Loan 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 Or stown 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: U2 Market Street - Suite 800 - Harrisburg, PA 17101-2015. 717-236-4812 . fax: 717-236-7811 83"mclilworthlawcom . Philadelphia, PA . Cherry Hill, M . 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, Markin J. Weis MIW:fcw cc: Robert Slagle Susan B. DeRemer Lightstyles, Ltd. 82814334 Exhibit " 1 B" . UPS CampusShip: Shipment R °ipt Shipment Receipt Transaction Date: 02 Nov 2011 If 1 Address Information Ship To: Marvin Window & Door Showplace Inc. Attn: Susan DeRemer Slagle, Pres. 1216 Claremont Road CARLISLE PA 170159742 Retum Address: Dilworth Paxson - Harrisburg ELLEN YASINSKI 112 Market Street, 8th Floor Harrisburg PA 17101 Ship From: Dilworth Paxson - Harrisburg ELLEN YASINSKI 112 Market Street. 8th Floor Harrisburg PA 17101 Telephone:8008470655 Package information Weight Dimensions 1 Packaging Declared Value Reference Numbers 1. Letter UPS Letter Client/Metter - 29512/94996 Attorney Name - Martin J. Weis, Esq. 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 BIII Shipping Charges to: Shipper's Account 66VO43 You are not authorized to view rates Information. All Shipping Charges in USD Page 1 of 1 Note: Your invoice may vary from the displayed reference notes. • For delivery and guarantee information, an 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. https://www.campusship.ups.com/cship/create7ActionOriginPair-default„PrintW indow... 11/2/2011 UP;;: Tracking Information r? 1? http://wwwapps.ups.com/WebT... Monday, November 07, 2011 United States New User Log-In My UPS Shipping Tracking Freight Locations Support UPS Tracking Number Treck Log-In for additional tracking details. Tracking Detail 1Z66V043A290768768 Delivered Delivered On: uest Status Updates)) Re Thursday, 11/0312011 at 9:27 A.M. q Left At: Receiver , Special Instructions: Adult Sianature Required Signed By: SCOTT Proof of Delivery Additional Information Shipped/Billed On: 11102/2011 Type: Package Shipment Progress What's T Subscribe to UPS E-mail: LEnter e-mail address i? Sign Up 7p view Examples Contact PS Support Solutions for. P4 Opine Support Get Started Healthcare ME-mail UPS, BmIstet Small Suslness Call: Customer Service Open a Shipoinp Account a High Tech. Chanad Your Delivery More... 'ups ATTN : ALLEN TOMPKINS PHONE : (215)575-7117 .Jovember 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: SUSAN DEREMER SLAGLE, MARVIN WINDOW & DOOR SHOWPLA 1261 CLAREMONT RD CARLISLE PA 17015 Shipper Number ............................66V043 . Tracking Identlflcation Number... 1Z66V043A290768758 According to our records 1 parcel was delivered on 11103/11 at 9:27 A.M.. The shipment was signed for by SCOTT as follows: SHIPPER PKG TRACKING ADDRESS NUMBER ID NO. NUMBER (NOMTREffTC" SIGNATURE 88V043 /255V043A200758756 1281 CLAREMONT RD CARASIE TPA2176:000A0000 Exhibit "I C" UPS CampusShip: Shipment Receipt Page 1 of 1 Shipment Receipt Transaction Date: 02 Nov 2011 Tracking Number. 1ZWV043AZ9U4V0MV 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 [M Package Inforrnation 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, 1113111 Additional Shipping Options Delivery Confirmation: Package 1: Adult Signature Required Total Shipping Charges ® Payment Information Bill Shipping Charges to: Shippers Account WV043 I You are not authorized to view rates information. All Shipping Charges in USD J Notes 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 1-1100-PICK-1.11 domestic services and 1-800-782-7892 for international services. https://www.campusship.ups.com/cship/create?ActionOriginPair-default PrintW'indow... 11/2/2011 UPS: Tracking information http://wwwapps.ups.com/WebT... Monday, :November 07, 2011 United States New User 1 Log4o I Collect UPS I The UPS Store isearrh -- Sut my UPS Shipping Tracking Freight Locations Support ryUPS Solutions - rackirg Number Track L_og-In for adt?ionel tracking details - - ' ?Olhsr Traclting Options Tracking Detail p' " A I Z66V043A290406660 Updated: 1110712011 11:16 R.M. Eastern Time Final Attempt Made Shipping Information To: MECHAMC88URt3, PA, US F Last Location: Clange Delivery a `Shipped By Harrisburg, PA, United States, Monday, 11/0712011 e - 1 special Instructions; Request Status Updates UPS hi.? day Adult Signature Reouired Abet Additional Information Shippet116tlied On: 11/0212011 Type: Package rrsr?,im???rrrarr`ea,?es•ee.?a.?iorrar? - _.-_- -- Shipment Progress Atli Vs This? I I Location Date Local Activity 1 Harrisburg, PA, United States 1110712011 921 A.M. The customerwas not available on 3rd attampl. ' j 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 A 3rd `t I attempt viii be made. ; j 11 Harrisburg, PA, United States 11/0312011 9:18 P.M. Destination Scan 11103/2011 10:27 A.M. The customer was not available on the 1 at attempt. A 2nd 1 attempt will be made. Harrisburg, PA, United States 11102/2011 9:39 P.M. Destination Scan 11/0212011 8:28 P.M. Origin Scan 11/02/2011 4:06 P.M. Piciwp Scan i 1 I United States 11/02/2011 11.48 A.M. Order Processed: Ready for UPS I unw atacr TIRED OF GETTING THIS? Subscribe to UPS E-mail: ante Oj address Sign UP n view Examcies Site Faedbedt Contact UPS sucooQ solutions for Other UPS Sles: `!]9mreee onhim awwrt Get Healthcare 1'S''e?lect ?a vueheits ++ i_-_-• Nr mall UPS P4klbw Small Bush"" k-Call Customer Service it Han Tech CIO Your Daiiverv Mao- WEVLOGISW."S b2W AbolA U she GLdde kw2mors Camara Pt+M UE5_QU 1 ypti,Moblig UPS &oa tteivl * TanwAtd CorAWm 4Veesee Terms of Use Priveev Peaev PmNd wmYM Frautl Copyright 61994-2011 UMW Percat earvice of Mnarka, Iea AN rights reserved. , UPS: Tracking Information Page 1 of 1 I- ?bo United States Welcome, Lori A. Zimmerman (Not Me?) Logout My UPS Shipping Tracking Freight Locations Support UP Tracking Number Track View Tracking History View secure details (e.g., digital signature) for this visit. or add his account Tracking Detail 1 Z66V043A290406669 Add Description Final Attempt Made Last Location: Harrisburg, PA, United States, Monday, 11/07/2011 Special Instructions: Adult Signature Required Change Delivery )o Request Status Updates n Report a Claim » Additional Information Shipped/Billed On: 11/02/2011 Type: Package Shipment Progress Whatt [ Location Date Local Activity Harrisburg, PA, United States 11/07/2011 8:35 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. Harrisburg, PA, United States 11/03/2011 9:18 P.M. Destination Scan 11/0312011 10:27 A.M. The customer was not available on the 1st attempt. attempt will be made. http://wwwapps.ups.com/WebTracking/track 11/15/2011 Exhibit "1 D" UPS r,,a:mpusShip: Shipment ReQeipt Shipment Receipt Transaction Date: 02 Nov 2011 Tracking Number: 1 Z66V043A291754172 1M Address Information Ship To: Ship From: Susan B. DeRemer Dilworth Paxson - Harrisburg aWa 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 Te hone:8008470655 2® 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: Shipper's Account 66VO43 You are not authorized to view rates information. All Shipping Charges In USD Page 1 of 1 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. https://www.campusship.ups.con/cship/create?ActionOriginPair---default^Prinffindow... 11/2/2011 UPS: Tracking Information http://wwwapps.ups.com/WebT... Monday, !'November 07, 2011 United States New User I Log-in My UPS Shipping Tracking Freight Locations Support UPS Tracking Number Track o -In for additional tracking detalls. Tracking Detalf*" 1 Z66V043A291764172 Final Attempt Made » Last Location: Change Delivery Harrisburg, PA, United States, Monday, 11107/2011 Special instructions: Request Status Updates » Adult Sionature Reauired Additional Information Shipped/Billed On: 11/02/2011 Type: Package G Shipment Progress What's T i Location Date Local Activity Time Harrisburg, PA, United States 11/0712011 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. A attempt will be made. Harrisburg, PA, United States 11103/2011 10:27 A.M. The customer was not available on the tat attempt. A attempt will be made. Harrisburg, PA, United States 11/02/2011 9:39 P.M. Destination Scan 11/02/2011 8:17 P.M. Origin Scan 11/02/2011 4:06 P.M. Pickup Scan United States 11102!2011 11:50 A.M. Order Processed: Ready for UPS UPS: Tracking Information Page 1 of 2 United States Welcome, Lori A. Zimmerman ('Not Me?) I Logout My UPS Shipping Tracking Freight Locations; Support UP Tracking (dumber Track View Tracking History View secure details (e.g., digital signature) for this visit, or add this account Tracking Detail 1 Z66V043A291764172 Ad Description Final Attempt Made » Last Location: Change Delivery Harrisburg, PA, United States, Monday, 11/07/2011 _ Special Instructions: Request Status Updates» Adult Slanature Required Report a Claim » Additional Information Shipped/Billed On: 11/02/2011 Type: Package Shipment Progress What: Location Date Local Aatlvity 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. Harrisburg, PA, United States 11/03/2011 10:27 A.M. The customer was not available on the 1st attempt. , attempt will be made. Harrisburg, PA, United States 11/022011 9:39 P.M. Destination Scan http://wwwapps.ups.com/WebTracidng/track?loc--en-US 11/15/2011 UPS: Tracking Information United States 11/02/2011 8:17 P.M. Origin Scan 11/0212011 4:08 P.M. Pickup Scan 11/02/2011 11:50 A.M. Order Processed: Ready for UPS Page 2 of 2 Subscribe to UPS E-mail: !Enter a-mail address Sign up » ylew Examole,? Contact UPS uooort Solutions for., Arowse Online Support Get Started Hea thsam ??; -mail UPS Rogister Sfn I Business yCoil Customer Service Open a Shinning Account a Hiah Tech Change Your DeNverv More... Home About UPS (Sne 3ulde Investors Careers Pressro om UPS Global UPS Iv Service Terms and Conditions Webalte Terms of Use Privacy Policy Protect Aos Copyright ®1994-2011 United Parcel Service of Amerlca, Inc. Al rights resem http://wwwapps.ups.com/WebTracking/track?loc=en_US 11/15/2011 Exhibit "1 E" UPS:.CampusShip: Shipment Rr ;pt Shipment Receipt Transaction Date: 02 Nov 2011 Tracking Number: r?C 1266V043A290018586 1 Address Information Ship To: Ship From: Return Address: Lightstyles 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 I a] Package information Weight Dimensions / Declared Value Reference Numbers Packaging 1. Letter UPS Letter Client/Matter - 29512194996 Attomey Name - Martin J. Weis, Esq. 3M UPS Shipping Service and Shipping Options Service: UPS Next Day Air Guaranteed By: 10:30 AM Thursday, 1113111 Additional Shipping Options Delivery Confirmation: Package 1: Adult Signature Required Total Shipping Charges ED Payment Information Bill Shipping Charges to: Shipper's Account 66VO43 You are not authorized to view rates information. All Shipping Charges M USD Page 1 of l Note: Your invoke may vary from the displayed reference rates. * For delvery and guarantee irMormation, see the UPS Service Guide. To speak to a customer service representative, call 14000-PICK-Ul domestic services and 1-800-782-7892 for international services. https://www.campusship.ups.com/eship/create7ActionOrigi0air-default PrintWindow... 11/2/2011 Jovember 7, 2011 Shipper 6OV043 Page 1 of 1 ATTN : ALLEN TOMPKINS PHONE : (215)575-7117 DELIVERY NOTIFICATION INQUIRY FROM: DILWORTH PAXSON LLP 112 MARKET ST FLR 8 HARRISBURG PA 17101 TO: ATTN: ROBERT L. SLR LIGHTSTYLES LTD 1261 CLAREMONT RD CARLISLE PA 17015 Shipper Number ............................8OV043 Tracking Identification Number... 1Z66V043A290018686 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: SHIPPER PKG TRACKING ADDRESS NUMBER ID NO, NUMBER oomrAET.Crm SIGNATURE WV013 1286V0062800101M 1281 CLAREMOW RD CARLISLE TPA2176:OOOA0000 UPS: Tracking Information http://wwwapps.ups.com/WebT... Monday, November 07, 2011 United States New User I Log-in My UPS Shipping Tracking Freight Locations Support UPS Trac?ki (dumber Track Log-In for additional tracking details. Subscribe to UPS E-mail: !Enter e-mail address SEgn Up n View Examples Con t UPS Suooort Solutions for. ?mwse Online Supoort I Get Started Healthcare -mail UPS Register Small Business ',Call Customer Service Open a Shiuoing Account a High Tech, Change Your Delivery More... Exhibit "2A" Dilworth Paxson, Martin J. Weis mweis@dtlworthlaw.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 $ 3,000.09 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-T200 gaowdilworthlawcotn - Cherry Hill, M . Harrisburg, PA. Washington, DC - Neptune, NJ - Wdraington, 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, Martin J. Weis MJW:lz 84319902 Exhibit "2B" W 80% Poskonsumer V 77,.,E ' _ . _ .. ._... _ t r°.' b a s ?o n n ? g? . w ? 3 8 ., 3 ? e? 8 7 0 F_ 3 s= `f N gR ? S ? s? y ?. ?a n s e 3. o ? 4$ p ? a b c rn ?c [n y v 0 O:y . QQ ?d n, O N N C, 0 c: tit, LOR) A, MMMERMAN 0.0 LBS LTR. 1 OF 1 (215) 575-7097 7097 DILWORTN PARSON • PHILADWHIA 1500 MARKED STREET PHILADELPHIA PA 19102 SHIP TO: ROBERT L. SLAGLE ROBERT L. SLAGLE 8 FO)MEW COURT MECHANICSBURG PA 17050-7339 °,. , . DA. 171 9-10 11« J UPS NEXT DAY AIR TRAC[QNG #: 1Z V69 -%R 24 9462 5551 BILLING: P/P SIGNATURE REQUIRED Cl)enVMatter: 29SIZ(94996 Attomey Name: Mardn J. Weis CS )3.417. MRlrRAO 71,pA 104011 S ? n 0 i R s^ f tt? ?E t ( i? o? C ? ?D O O? T7 O x. 1 n QI r 'd r, R s ss ' 00 V ; ! N J1 C O M R 4 C sl rp G O O C a rD 0 O u4 r, N H ? H Ng2 CL x e UPS: Tracking Information http://wwwapps.ups.com/WebT... Monday, March 05, 2012 rim United States New User Log-In I Contact UPS I The UPS Store Search Sub My UPS Shipping Tracking Freight Locations Support UPS Solutions Tracking Number Track L2g±1 for additional tracking details. ?`^ I Other Tracking Options .?..r..?????, iffier • Tracking Detail 1ZV69SOR2494626551 Alternate Trackino Number 1ZV6950R1294625556 Returning to Sender Last Location: Harrisburg, PA, United Slates, Friday, 12/16/2011 Special Instructions: Signature Required Print Help EA:1 J7 Change Delivery » Shipped By 'V ttt Request Status Updates » UPS Next Day Ait Additional Information I ShippedlBilled On: 12/08/2011 I Type: Shipment Package ---What s This? - - Progress --' ,I Location Date Local Activity Time Harrisburg, PA, United States 12116/2011 4:50 P.M. The customer was not avallable on 3rd attempt. I Returned to shipper. i Alternate Tracking Number 1ZV6950R1294625555 I 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. 121o9/2011 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 Harrisburg, PA, United States 12107/2011 9:23 A.M. The customer was not available on the 1st attempt. A 2nd attempt will be made. i i 12/07/2011 7:08 A.M. Out For Delivery Middletown, PA, United Slates 12107/2011 6:16 A.M. Departure Scan 12107/2011 4:55 A.M. Arrival Scan j Philadelphia, PA, United States 12107/2011 2:57 A.M. Departure Scan it 12107/2011 12:01 A.M. Arrival Scan Philadelphia, PA, United States 12/06/2011 11'22 P.M. Departure Scan i 12/06/2011 7:41 P.M. Origin Scan i 12106/2011 6:31 P.M. Pickup Scan ii United States 12106/2011 11:00 A.M. Order Processed: Ready for UPS Updated: 03r05 2012 4 42 P.M. Eastern Time Shipping Information To: PHILADELPHIA, PA, US UP'SMYcHolce i TIRED OF I GETTING THIS? a. i wm,?.?..ernarrirwvx?m? Subscribe to UPS E-mail: Entere-mail address Sign Up » Vla?; Examves Site Fee Aback Contact UPS Support Solutions for, Other UPS Sites: 'Browse Online Support Get Start ed Healthcare r j r Select a website ,. Email UPS j Reoister Small Business UPS: Tracking Information http://wwwapps.ups.com/WebT... Monday, March 05, 2012 i hat. Open a Shipping Account d Hioh Tech `Call Customer Service I Change Your Delivery more WEVLOGISTICS Home About UPS Site itl Investors Careers Pressroom Ups Global ups Moljle upsato Service Terms and Conditions Website Tenns of Use Pnvaev Notice 0 Your California Privacy Rights 7 Prolec Against l' c Copyright 0 tg94-1072 United Parcel Service of Amend, Inc. All rights reserved Exhibit "3A" Dilworth Paxson. Martin J. 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 Or stown Bank (the "Bank's 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 intangible3 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 84mwdilworthlawcom . Cherry Hill, NJ . Harrisburg, PA • Washington, DC • Neptune, NJ • Wilmington, DE d 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, , ,, / Vkq 4 v Y? L--=? Martin J. Weis MJW:lz 84319872 Exhibit "3B" .? ?...r.r,. - - •_ rrJ.+.?..r..:J.-:.?.. .. _ _ _ _. _ -•..rr:-.a..sy...??r....:...?L..w..L•w-?.-.. ? _ ?..W.r•r.MLSV 100% Recycled fiber 80% Post-Consumer .d A y N n .>3 ro w ro •J s 0 • QrrG?•• 11 ro w ,ro R- N ?- Qt ?? nN r•+ Q CO C ?'?' ?^ N H u C n m r a LORI A. ZIMMERMAN 0.0 LBS LT'R 1 OF 1 (215)575.7097 7097 DILWORTH PAXSON - PHILADELPHIA 1500 MARKET STREET PHILADELPHIA PA 191 D2 SHIP TO: MS. SUSAN B. DEREMER MS. SUSAN B. DEREMER 8 FOXFIELD COURT MECHANICSBURG PA 17050-7339 ?'•? PA 171 9-10 ?o fV v s UPS NEXT DAY AIR TRACKVG #: 1Z V69 50R 24 9261 1560 B)t.idNG: P/P S)GNA9URE REQUIRED Client/matter- 29SIZ/94996 A Attomey orney Name: Martin J. . Weis CS 77A6.72. VVDJ70[0027.0/. 10/2077 j V d y I A r4 tD v f?N 7 O fD 6A 0 c N ID f rD A G • 7 00 rD {t fD f b .rw = N ro V? Ig N ? • a A Q .? Ir YI ? -- ?--- ?_----- _ g - ?, are -e ., D r1 ? 'O .? i N UPS: Tracking Information http:/,Iwwwapps.ups.com/WebT... Monday, March 05, 2012 United States New User i ?_og-In i Contact UPS I The UPS Store 'Search Sub My UPS Shipping Tracking Freight Locations Support UPS Solutions Tracking Number Track Loa-In for additional tracking details. Other Tracking Options Tracking Detail 1ZV696OR2492611560 Alternate Tracking Number ?3. 5 R1292611565 Returning to Sender Last Location: Change Delivery n Harrisburg, PA, United States, Friday, 12/1612011 Special Instructions: I Request Status Updates n Signature Required Shipment Progress Location Additional Information Shipped/Billed On: 12106/2011 Type: Package Date Local Activity Time -RdW t1t& a t jn What s This? Harrisburg, PA, United Slates 1211612011 4:49 P.M. The customer was not available on 3rd attempt / Returned to shipper. Alternate Tracking Number 1ZV695OR1292611565 i Harrisburg, PA, United Stales 12109/2011 6:45 P.M. The customer was not available on 3rd attempt. I A postcard has been sent to the recipient requesting that i they contact UPS. 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 Harrisburg, PA, United States 1210812011 9:12 A.M. I The customer was not available on the 2nd attempt. A 3rd attempt will be made. 12108/2011 4:10 A.M. Out For Delivery Harrisburg, PA, United States 12x0712011 9:23 A.M. The customer was not available on the 1 st attempt. A 2nd attempt will be made. i 1210712011 7:43 A.M. Out For Delivery 1210712011 5:15 A.M. Arrival Scan Philadelphia, PA, United Slates 12107/2011 2:47 A.M. Departure Scan 12/07/2011 12:01 A.M. Arrival Scan Philadelphia, PA, United States 12/06/2011 11:22 P.M. Departure Scan it 12/0612011 7:44 P.M. Origin Scan j , ' United States 12/06/2011 11:04 A.M i Order Processed: Ready for UPS Uodated' 03/0512012 4 41 P M. Eastern Time Shipping Information To: PHILADELPHIA, PA, US Shipped By UPS (Next Day Ai W* UPS My CHOICE- I TIIRED OF GETTING -,? tit. THIS? 14000- i i Subscribe to UPS E-mail; £riere-mad address Si n U » View Ezamnles Site Feedbarx 5 P Contact UPS Su o Solutions for: Other UPS Silas; j3Browse Online 5uDOorl 1 Get Started Healthcare Select a website ',7E-mail UPS Re ister Small Business r Live hat f7 i Open a Shippin g Account y Hiatt Tech Call Customer Service c. Change Your D elivery re-, wE9LOGISTICS' UPS: Tracking Information http://wwwapps.ups.com/WebT.. Monday, March 05, 2012 Home About UPS Site uid lnvesro Careen Pressroom UPS Globg UPS Mobile PISS Biog Service Terms and Conditions Website Terms of Use PnVew Notice Z Your Celifom a POOR &gMs 7 Protect Against l-nu Copyright 0 1994-2012 United Pamet Service of AmerlCa, tnC. Aa tights reserved. Exhibit "4A" r -T Dilworth Paxson, Martin 7. Weis mweis@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, 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: On:stown 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. vileges granted By delivering this letter, the Bank is not waiving any rights, powers or pri 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, 1? i 1?- Martin J. Weis MJW:lz 84319972 Exhibit "4B" UPS: Tracking Information Page 1 of I United States New User .og-in I Contact UPS I The UPS Store iSearch Sub My UPS Shipping Tracking Freight Locations Support UPS Solutions Tracking Number Track Loa-In for additional tracking details. Other Tracking Options I Tracking Detail 1ZV69SOR2492672148 2111111 dq,Ql A A A Updated: 02121:12012 5:46 P.M. Eastern Time Delivered 091"rvd On: Wednesday, 12107/2011 at 9:30 A.M. Request Status Updates » Left At Receiver Special Instructions: Signature Required Signed By: SCOTT Proof of Delivery Additional Information Shipped/Billed On: 1 210 812 0 1 1 Type: Package Shipment Progress yytlat's This?? Shipping Information To: CARLISLE, PA, US Shipped By UPS Next Day APO *; UPSMYCHOtcr TIRED 01 I GETTING THIS? Subscribe to UPS E-mail: Eniere-mail address Sign Up » View Examples Site Feedback contact UPS Ott Solutions for: Other UPS Sites: .iDBrowse Online Support Got Started Healthcare Select a website 7E9e11UPS Reaitet Smelt Business il$Live Chat i7 Open a Shipping Account Y High Tech kaCall Customer Service Change Your Delivery More... INEQLOGISTICS` Home About UPS Site Guide Ipye{tors Careen Pressroom UPS Global UPS,mgpile UPS glop Service Tema and Conditions Webshe Terms of Use Pnvad Notice ,'7 Your California Pdvacv Rights Z Protect Against Fmu Copyright O 1994-2012 United Parcel Service of America, Inc. All rights reserved. http://wwwapps.ups.com/WebTracking/processRequest?HTMLV ersion=5.0&Reque;ster=... 2/22/2012 Page 1 of 2 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 1ZV695OR2492672148 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 IZV695OR2492572148 Discover more about UPS: Visit www.ups.com Sign Up For Additional E-Mail From UPS Read Compass Online ' UPS W LHOICE- WIN WHAT You WANT ` Na purchm necessary. ***Do not reply to this e-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: 1ZV695OR24925721148 Delivery Date ! 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 Page 2 of 2 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 C 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. This communication contains proprietary information and may be confidential. If you are not the intended recipient, the reading, copying, disclosure or other use of the contents of this e-mail is strictly prohibited and you are instructed to please delete this e-mail immediately. Privacy Policy Contact UPS 2/22/2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS 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 Robert Slagle to Strike Off or Open Judgment are true and correct to the best of his knowledge, information and belief, Bradley anguay Vice President Sworn to and Subscribed Before me this ("') day of jqM (1 , 2012. Notary Public 87655994 6 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christiana R. Timmons, Notary Public Chambersburg Boro, Franklin County My Commission Expires March 3, 2014 Member, Pennsylvania Association of Notaries 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: ? V Z Elizab th J. G dstem Pa. I.D. # 73779 Dilworth Paxson, LLP 112 Market Street, Suite 800 Harrisburg, PA 17101 Telephone (717) 213-4106 Attorneys for Orrstown Bank 88067111 ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT L. SLAGLE, DEFENDANT NO. 12-141 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. By the Court, M. L. Ebert, Jr., J. ? Elizabeth Goldstein, Esquire Attorney for Plaintiff Keith Brenneman, Esquire Attorney for Defendant : . bas cc e `?a • (??la°?/i ALI? ._.. Orrstown Bank : IN THE COURT OF COMMON PLEAS v. :CUMBERLAND COUNTY, PENNSYLVANIA Robert L.Slagle, Defendant : NO. 2012-141 c:%1 � j cct:\ PRAECIPE TO THE PROTHONOTARY: - Please mark the above judgment as satisfied for the property known as 8 Foxfield Court as outlined in the attached Exhibit. Respectfully Submitted; bv)--- Martin J.Weis, Esquire $q. S-0 pa/ 2)/40/4 pfk-29 7,92_ MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 1500 MARKET STREET, SUITE 3500E PHILADELPHIA, PENNSYLVANIA 19102-2101 (215) 575-7000 ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION ROBERT L. SLAGLE NO. 2012-141 RELEASE OF LIEN OF JUDGMENT TO THE PROTHONOTARY: Plaintiff in the above-stated action, at the request of Defendant and for and in consideration of the sum of Ten Dollars ($10.00) to us in hand paid by Defendant at the time of execution hereof, the receipt of which is hereby acknowledged, do for ourselves, our successors and assigns, covenant, promise, and agree, to and with the Defendant, his heirs and assigns, by these presents, that we will not at any time hereafter sell or dispose of, attach or levy upon, or claim or demand the premises known as 8 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania, more fully described in Exhibit "A" attached hereto, with the appurtenances or any part thereof by virtue of the said judgment, so that the said Defendant, his heirs and assigns, shall and may hold the same, free and clear of and from the lien of the said judgment; provided, 11292118_1 however, that nothing herein contained shall invalidate the lien, indebtedness or security of the said judgment upon any other estate of Defendant. Dilworth Paxson LLP Date: Septemberi`1, 2013 By: tvM� Martin J. eis, Esquire Attorney for Plaintiff 2 11292118_1 • LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township,Cumberland County, Pennsylvania,more particularly bounded and described in accordance with the Major Final Subdivision Plan for The Peninsula(Phase 1),prepared by H.Edward Black&Associates,P.C.,more particularly bounded and described as follows,to wit: BEGINNING at a concrete monument on the western right-of-way line of Foxfield Court at the dividing line between Lot-110 and Lot-109 on the hereivabove mentioned subdivision plan;thence along said dividing line between Lot-I10 and Lot-109,South 73 degrees 46 minutes 42 seconds West,a distance of 629.47 feet to an iron pin along the eastern right-of-way line of Conodoguinet Creek;thence along the eastern right-of- way line of Conodoguinet Creek North 10 degrees 50 minutes 57 seconds West,a distance of 511 feet to an iron pin along potherb lands now or formerly of Sample Bridge Associates;thence along the lands now or formerly of Sample Bridge Associates North 81 degrees 30 minutes 00 seconds East,a distance of 423.30 feet to an iron pin at the dividing line between Lot 108 and Lot 109;thence along said dividing line.betweeri Lot-108 and Lot- 109 South 40 degrees 19 minutes 46 seconds East,a distance of 436.89 feet to a concrete monument along the western right-of-way line of Foxfield.Court;thence along the western right-of-way line of Foxfield Court on a curve to the left having a radius of 50 feet an arc length of 65 feet to a concrete monument at the dividing line between Lot-109 and Lot-110;the point and place of BEGINNING. CONTAINING 5.9597 acres more or less. BEING LOT-109 on the hereinabove mentioned Subdivision Plan for The Peninsula(Phase 1)as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 65 at'Page 23. BEING the same premises which Sample Bridge Associates by its deed dated January 13, 1994 and recorded on January 24, 1994,in Deed Book"T",Volume 36,Page 772,in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,granted and conveyed unto Robert L.Slagle and Susan D.Slagle, husband and wife,the Borrowers and Mortgagors herein. • • • ... .................. .. ............... ... .._......