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HomeMy WebLinkAbout12-0214IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW rY 4.: cn - ORRSTOWN BANK NO. °' ` vs. f `D "I STANLEY N. DYE r r COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pennsylvania Rule of Civil Procedure 2951(b) for judgment by confession and avers the following: Plaintiff is Orrstown Bank, a bank authorized to do business under the laws of the Commonwealth of Pennsylvania with an office at 77 East King, Shippensburg, Pennsylvania 17257. 2. Defendant is Stanley N. Dye ("Mr. Dye"), an adult individual whose last know address is 609 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Mr. Dye, for good and valuable consideration, made and executed in favor of Plaintiff, Orrstown Bank, a Promissory Note dated March 16, 2009 in the principal amount of $83,000. A true and correct copy of said Promissory Note is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant, Mr. Dye, owes Plaintiff, Orrstown Bank, the following under the terms of said Promissory Note: Principal Balance $73,192.02 Interest to January 9, 2012 $ 349.79 Attorneys' fees of 5% $ 3,600.00 TOTAL DUE $77,141.81 5. Said Promissory Note is in default for Defendant's failure to pay principal and interest when due and owing and for failure to pay after amounts due under the loan documents. 85842831 6. Judgment has not previously been entered on said in any jurisdiction. 7. There have been no assignments of said Promissory Note. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Orrstown Bank, demands judgment against Defendant, Stanley N. Dye, in the amount of $77,141.81. Dilworth Paxson, LLP By: Y4?0 I= - Elizab h Goldstein, Esquire Martin J. Weis, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 85842831 Exhibit "A" PROMISSORY (VOTE { i?q i 4ti$ AtspMtgt map i References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "`""" has been omitted due to text langth limitations. Borrower: Stanley N. Dye Lender: ORRSTOWN BANK 609 Franklin Street NORTH MIDDLETON OFFICE Carlisle, PA 17013 77 EAST KO O STREET P 0 BOX 250 SHiPPENSBURG,PA 17257 Principal Amount: $83,000.00 Date of Note: March 16, 2009 Maturity Date: March 16, 2024 PROMISE TO PAY. Stanley N. Dye 1"80rrower"j prarhiaes W Pay to ORRSTOWN BANK ("Lender'), or order, in lawful money of the United States of America, the principal amount of Eighty-three Thousand & 001100 Dollars ($53,000.00), together with Interest on the unpaid principal belerhce from March 16, 2009, until paid in full. PAYMENT. Borrower wN pay this ban n full InimodiMNy upon Lender's demand. If no demand is made, subject to any payment changes resulting from changes n the Inez, Borrower will pay this ban in accordance with the following payment schedule, which calculates interest on the unpaid principal baleroea as deactiberl In the "INTEREST CALCULATION METHOD" paragraph using the Merest rags described in this paragraph: 60 own" consecutive principal and Interest payments n the initial amount of $757.99 each, beginning April 16, 2009, with interest calculated on the unpaid principal balances usktg an Initial Interest raft of 7.150% per annum based on a year of 360 days: and 120 monthly consecutive Wkwipaf and Merest payments In the nhtal amount of 6686.94 each, bsgnnng Apr1 16, 2014, with interest calculated on the tapald principal balances using an Interest rots based on the Well Street Prime (curenty 3.250%). plus a margin of 1.000%, adjusted if necessary for the minkn um and msxYnum rate limitations for this loan, rsaultng n an nitial ntsrest rate of 5.000% per ennun based on a year of 360 days. Sorrowcr's final payment will be due on March 16, 2024 and will be for all principal and accrued krterest not yet psK together with any other unpaid sanourttc under ttla Nots. Unless otherwise agreed or required by applicable law. payments will be applied first to arty accrued unpaid Interest; than to principal; that to any left charges; and then to any unpaid collection costa. Borrower will pay Lender at Lender's address shown above or at such otter place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 60 payments, the Interest rate on this loan will be 7.150%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes In an independent index which is the Wall Street Prime fthe 'Index"). The Index is not necessarily the lowest rate charged by Lender an its bans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be less than 5.000% per annum or more than the maximum rate allowed by applicable low. Whenever increases occur in the interest rate, Lender, at Its option, may do one or more of the following: (A) Increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (8) increase Borrower's payments to drover accruing interest, (C) increase the number of Borrower's payments, and (0) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest an this Note is computed on a 365(360 basis; that is, by applying over a year of 360 days, multiplied by the oufthrtding prnrcipal balance, na k"od by the actual number of the ratio the Interest rate outstanding. AN merest payable under this Note 1s computed using this method. days the principai balance is PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepaymorm of this Note. Lender Is a~ to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next five 15) years, the Borrower "be assessed against the amount prepaid, a five percent 15.00%) prepayment penalty. The assessment percentage shag decrease one percent (1.00%) per annum to par. Lander acknowledges that excepted from this assessment will be principal payments that era generated as a result of operation of the business for which the loan was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any otter financial institution. Except for the foregoing, Borrower may pay fig or a portion of to amount awed surlier than Is due. Early psymsrrts will not, unless agreed to by Lender in writing, regeve Borrower or Borrower's obligation to continue to make payments under On payment schedule. Rather. they will reduce the principal balance due and may result In Borrower making fewer payments.. Except for the foregaing Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in fug', 'without recourse", or similar language. If Borrower sands such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P,O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shag be Increased by adding a 3.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment Is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower falls to make any payment when due under this Note. Other Defaults. Borrower fails tc comply with 01 to Perform any other term, obligation, covenant or condition contained in this Note or in PROMISSORY !VOTE Loan No: 26473869004 (Continued) Page 2 any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lander by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or ktsohrency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shelf not apply it !hare is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. inseeteity. Lender in good faith believes itself insecure. Cure Provisions. It any default, other than a default in payment Is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve 021 months, it may be cured If Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 05) days: or (2) If the cure requires more than fifteen 05) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help coflect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits folder applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. DISHONORED rrEM FEE. Borrower win pay a fee to Lender of $20.00 if Borrower makes a payment on Borrower's ban and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lander (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and aft accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrowar acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated March 16, 2009, to Lender on real property located in Cumberland County, Commonwealth of Pennsyivania. iB) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain Insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does riot receive the required financial information within two hundred seventy (2701 days of the Borrower's fiscal year end, the Lender has the right to increase the interest rate charged on this Note by 0.25%, The Borrower shall receive written notification ten (10) days prior to the Lender increasing the interest rate charged on this Note. OVERDRAFT PROTECTION. You may obtain credit advances under your Credit Line by writing a check on your checking account(s) with us In excess of the available collected balance in the account(s). . SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracylies) should be sent to us at the following address: ORRSTOWN BANK 77 EAST KING STREET P,O. BOX 250 SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. It any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lander may delay or forgo enforcing any of its rights or remedies under this Nate without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's PROMISSORY NOTE Loan No: 26473869004 (Continued) Page 3 security interest in the collateral: and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obfigwions under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (41600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM 71ME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X (Seal) '? ey N. Dye wee nn L?nMnL v«, b.ti00.am GM. Mv:W NrncV SJwnw. Yw. IM). x0ol. ,. M+? wr+u. -...:rwun?oma COMMONWEALTH OF PENNSYLVANIA : COUNTY OF FRANKLIN SS Bradley Tanguay, being duly sworn according to law, deposes and says that he is Vice President of 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 Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief. Bradley Tanguay Vice President Sworn to and Subscribed before me this 1 X.- day of V1 I 2012. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christiana R. Timmons, Notary Public Chambersburg Bono, Franklin County My Commission Expires March 3, 2014 Member, Pennsylvania Association of Notaries 95839241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (} nJ ORRSTOWN BANK NO. 11q :V Marti vs. -G a) ra t? , STANLEY N. DYE -n ACT 105 OF 2000 NOTICE (.n w A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT PURSUANT TO 42 PA.C.S.A. §2737.1. IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment. (a) (1) Relief from a judgment by confession shall be sought by Petition. Except as provided in Subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single Petition. The Petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred, or in any other county in which the Sheriff has received a Writ of Execution directed to the Sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the Court has stayed execution despite the timely filing of a Petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the Petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the Petition shall be filed within thirty days after such service. Unless the Defendant can demonstrate that there were compelling reasons for the delay, a Petition not timely filed shall be denied. 85842831 (b) If the Petition states prima facie grounds for relief, the Court shall issue a Rule to Show Cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the Petition or Answer; (d) The Petition and the Rule to Show Cause and the Answer shall be served as provided in Rule 440; (e) The Court shall dispose of the Rule on Petition and Answer, and on any testimony, depositions, admissions and other evidence. The Court for cause shown may stay proceedings on the Petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury, the Court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. Dilworth Paxson LLP By: IZO AV Elizab th Goldstein, Esquire Attorney for Plaintiff 85842831 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -0? ? = n c_ LL_ CIVIL ACTION - LAW ra ORRSTOWN BANK NO. vs. STANLEY N. DYE AFFIDAVIT OF BUSINESS OR COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA Martin J. Weis, Esquire, being duly sworn according to law, deposes and says that he is attorney for Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf; that the facts set forth herein are true and correct to the best of his knowledge, information and belief; and that the facts set forth in the foregoing matter involve a business transaction. Dilworth Paxson LLP B Y. J?j W 41L?- Martin J. eis, Esquire Attorney for Plaintiff Sworn to and Su cribed befo me 171 day of , 2012. Notary Public COMMONWEALTH OF PENNSY VANIA NOTARIAL SEAL THER&SE CAPECE, Notary Public City of Philadelphia, Phila. County My Commission Expires December 18, 2012 8584283_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW `"'- --? ORRSTOWN BANK NO. rn'? rTi I? w ; CO z " VS. .v STANLEY N. DYE C.D -+" ' ORDER FOR APPEARANCE Kindly enter my appearance for Plaintiff, Orrstown Bank, and enter judgment against Defendant, Stanley N. Dye. Dilworth Paxson LLP By: Eliza eth Goldstein, Esquire Attorney for Plaintiff 85842831 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. C1v vs. STANLEY N. DYE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS 0y, co c G MARTIN J. WEIS, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf, that the facts set forth herein are true and correct to the best of his knowledge, information and belief; that the Defendant was last known to reside at 609 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013; that Defendant is and, at all relevant times hereto, has been over the age of 18; that Defendant's employment is self employed; that Defendant is a corporation and hereby not in the Active Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. Dilworth Paxson LLP By: Martin J. Weis, Esquire Attorney for Plaintiff Sworn to and S?b?pribed before *e t'/ J TH day of 2012. 1 / r ,k,ublic PENNSYL.VAN1A NOTARIAL L TftRW C IPECE, Notary Public 8584283 1 Cigr of Philadelphia, Phila. County W Commission Expires December 18 , 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,. CIVIL ACTION - LAW ORRSTOWN BANK NO. I q t, • ? U C { 7 VS. y c> STANLEY N. DYE, NOTICE TO HOLDER OF DOCUMENT CONTAINING PROVISION FOR JUDGMENT BY CONFESSION ?1 1 C.0 -1 • You are notified that the Prothonotary of Cumberland County is not permitted to enter judgment on a document containing provision for judgment by confession (other than bonds and warrants of attorney accompanying mortgages) unless the document is accompanied by an affidavit suggested form of which is as follows: PLAINTIFF'S AFFIDAVIT OF DEBTOR'S WAIVER OF RIGHTS COMMONWEALTH OF PENNSYLVANIA : COUNTY OF PHILADELPHIA SS Martin J. Weis, being duly sworn/affirmed according to law, deposes and says that he is attorney for Plaintiff in the above captioned matter; that at the time of the signing of the document containing provision for judgment by confession in the said matter, the defendant (X) (1) Earned more than $10,000 annually, OR () (2) If annual earnings are less than $10,000, did intentionally, understandingly, and voluntarily waive: (a) the right to notice and hearing; (b) the right of defalcation, i.e. the right to reduce or set off a claim by deducting a counterclaim; (c) release of errors; (d) inquest (to ascertain whether rents and profits of defendant's real estate will be sufficient to satisfy the judgment within seven years); (e) stay of execution (if defendant owns real estate in fee simple within the county worth the amount to which the plaintiff is entitled, clear of encumbrances); (f) exemption laws now in force or hereafter to be passed; 85842831 (g) The facts showing such waiver are: Dilworth Paxson LLP By: artin J. eis, Esquire Attorney for Plaintiff Sworn to and Subscribed before //T RR day of , 2012. r? Notary Public CCM MONWEALrH OF PENNSYLVANIA NOTARIAL SEAL THtRtSE CAPECE, Notary Public City of Philadelphia, Phila. County My Commission Expires December 18, 2012 8584283_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. 1 I C ? VS. J STANLEY N. DYE CERTIFICATION OF NON-CONSUMER CREDIT TRANSACTION c r ' ' -4 CO 'y' C I certify, pursuant to the penalties of 18 Pa.C.S. §4904 (pertaining to unsworn falsification to authorities), that this judgment is not being entered by confession against a natural person in connection with a "consumer credit transaction" as the same is defined in Pa.R.C.P. 2950. Dilworth Paxson LLP By: v Vv- Martin J. W Ws, Esquire Attorney for Plaintiff Sworn to and Sijhscribed before We T" ? day of - , 2012. ZZO 4,0 --4 e4A--- Notary Public commoNwLALTH oR PENNSYLVANIA WTARWL SEAL NtRESE CAPECE, Notary Public City of Philadelphia, Phila. County My Commission Expires December 18, 2012 8584283_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. VS. -p?..?? rt- STANLEY N. DYE ,,/r? CERTIFICATION OF ADDRESSES y rt "D I hereby certify that the present address of the within named Judgment Creditor is 77 Eagt^' King Street, P.O. Box 250, Shippensburg, Franklin County, Pennsylvania 17257. I hereby certify that the last known address of the Judgment Debtor was 609 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. Dilworth Paxson LLP By:_ U1---Martin J. is, Esquire Attorney for Plaintiff 85842831 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. VS. rqco M CYi? STANLEY N DYE ' . AFFIDAVIT . ; l COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA Martin J. Weis, Esquire, attorney for Plaintiff, hereby certifies that the above-captioned matter is not an action by a seller, holder or assignee arising out of a retail installment sale, contract, or account. Dilworth Paxson LLP By: n?- Martin J. s, Esquire Attorney for Plaintiff Sworn to and re S- uhscribed befo I day of 2012. Notary Public COMMONWEAL 1 OF PENNSYLVANIA NOTARIAL SEAL T40SE CAPECE, Notary Public City of Philadelphia, Phila. County Commission Expires December 18, 2012 8584283_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. ?, ? ? ?/ C r? ? 1 J?rM vs. STANLEY N. DYE PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that as judgment in the above-captioned matter has been entered against you on J- J?ry 0 2012. Prothono x c ? iBy: a Deputy Prothonotary If you have any questions concerning the above, please contact: Elizabeth Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 85842831