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HomeMy WebLinkAbout12-1850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, CIVIL DIVISION NO.: 051P - 18zO ei Vi f vs. TYPE OF PLEADING: RANDOLPH G. REESE and CIVIL ACTION - COMPLAINT DONALD E. STEVENS, a Pennsylvania IN BREACH OF CONTRACT Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. TO: DEFENDANT(S) YOU ARE Vk"REBY NOTIFIED TO PLEAD To THE ENCLOSE OMPLAINT WITHIN TWENTY (20) DAYS FROM S VI nDZA OR A DEFAULT JUDGMENT MAY\B ENT T YM% A TTORNEY FOR PLAINTIFF 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 2695 Philadelphia Avenue Chambersburg, PA 17201 AND THE DEFENDANT(S): Randolph G. Reese and Donald E. Stevens a Pennsylvania Partnership t/a Cumberland Woodcraft Co. 44 Conway Street, Carlisle, PA 17013 Donald E. Stevens 44 Conway Street, Carlisle, PA 17013 Debra M a S/tees, 50 le rivq arlisle, PA 17013 FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650; sad@jsdc.com Kimberly A. Bonner, Esquire Pa. I.D. #89705; kab@jsdc.com JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 ..1 a C) .v Co r ., r, ice; w ry ATTORNEY FOR PLAI IFF (717) 533-3280; (717) 533-2795 (Fax) aM -4 6,3. 7S?a C? ? l?,?gS a?Yas IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, CIVIL DIVISION NO.. Defendants. CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT And now comes Orrstown Bank, Plaintiff, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Breach of Contract as follows: 1. The Plaintiff is Orrstown Bank, which has its principal place of business 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. 2. The Defendant, Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., is a general partnership authorized to conduct business in the Commonwealth of Pennsylvania with an address of 44 Conway Street, Carlisle, Pennsylvania 17013. 3. The Defendant, Donald E. Stevens, is an adult individual who resides at 44 Conway Street, Carlisle, Pennsylvania 17013. 4. The Defendant, Debra S. Reese, is an adult individual who resides at 50 Moongale Drive, Carlisle, Pennsylvania 17013. 5. On or about March 30, 2000, Defendant, Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $800,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 6. As security for the Note, on even date, Defendant, Donald E. Stevens, executed a Commercial Guaranty, unconditionally guarantying and becoming surety for payment of the Note. A true and correct copy of the Guaranty is marked Exhibit "B", attached hereto and made a part hereof. 7. As security for the Note, on even date, Defendant, Debra S. Reese, executed a Commercial Guaranty, unconditionally guarantying and becoming surety for payment of the Note. A true and correct copy of the Guaranty is marked Exhibit "C", attached hereto and made a part hereof. 8. Under the terms of the aforesaid Note, Plaintiff is entitled to accelerate payment of the principal balance, accrued and unpaid interest and all other sums due and owing under the terms of the Note upon the occurrence of an event of default, including but not limited to, the failure to pay monthly installments of principal and interest when due. 9. The aforesaid Note has not been released, transferred or assigned by Plaintiff. 10. Defendants have breached their duty imposed by the aforesaid Note and Guaranties and are in default under the terms of the said Note and Guaranties for, inter alia, failing to make monthly installments of principal and interest when due. 11. Any and all conditions precedent to payment to Plaintiff have been satisfied. 12. Notwithstanding Plaintiffs demands for payment, Defendant's obligations under the terms of the aforementioned Note remain unsatisfied. 13. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 452,475.79 Interest through 3/14/2012 $ 3,254.99 Late Charges $ 523.56 Other Charges/Fees $ 95.00 Attorney's Fees and Costs $ 45,634.93 (10% of Total Due) TOTAL $ 501,984.27 with interest on the principal sum of ($452,475.79) from March 14, 2012 at the contractual rate. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants for the total amount due of $501,984.27, with interest on the principal sum ($452,475.79) from March 14, 2012, at the contractual rate plus additional late charges, attorneys' fees and costs. JAMES, SMIT , DIE & CONNELLY LLP Dated: BY: Scott A. Dietterick, squire PA I.D. # 55650; sad@jsdc.com Kimberly A. Bonner, Esquire PA I.D #89705; kab@jsdc.com Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 (Fax) THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE PrIncii, Loan Date maturity Loan No Call ; collateral Account ! pfticer In til la $800,000.00 03-30-200 1 JtfB References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Borrower: RANDOLPH G. REESE AND DONALD E. STEVENS, A Lender: ORRSTOWN BANK PENNSYLVANIA PARTNERSHIP T/A CUMBERLAND P.O. Box 250 WOODCRAFT CO. (TIN: 23-1937176) Shippensburg, PA 17257 P.O. DRAWER 609 CARLISLE, PA 17013 Principal Amount: $800,000.00 Initial Rate: 9.250% Date of Note: March 30, 2000 PROMISE TO PAY. RANDOLPH G. REESE AND DONALD E. STEVENS, A PENNSYLVANIA PARTNERSHIP T/A CUMBERLAND WOODCRAFT CO. ("Borrower") promises to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Eight Hundred Thousand & 001100 Dollars ($800,000.00), together with interest on the unpaid principal balance from March 30, 2000, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 36 CONSECUTIVE MONTHLY PRINCIPAL AND INTEREST PAYMENTS OF $7069.69 EACH, BEGINNING APRIL 30, 2000, WITH INTEREST CALCULATED ON THE UNPAID PRINCIPAL BALANCES AT AN INTEREST RATE OF 8.75% PER ANNUM; AT THIS TIME RATE WILL BE RENEGOTIATED. IF RATE CANNOT BE RENEGOTIATED THEN 204 CONSECUTIVE MONTHLY PRINCIPAL AND INTEREST PAYMENTS IN THE INITIAL AMOUNT OF $7397.34 EACH, BEGINNING APRIL 30, 2003, WITH INTEREST CALCULATED ON THE UNPAID PRINCIPAL BALANCES AT AN INTEREST RATE OF 1/4 PERCENTAGE POINTS ABOVE THE INDEX DESCRIBED BELOW. BORROWER'S FINAL PAYMENT WILL BE DUE ON MARCH 30,202D AND WILL BE FOR ALL PRINCIPAL AND ACCRUED INTEREST NOT YET PAID, TOGETHER WITH ANY OTHER UNPAID AMOUNTS UNDER THIS NOTE. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the WALL STREET PRIME (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each day. The Index currently is 9.000% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 0.250 percentage points over the Index, resulting in a current rate of 9.250% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (a) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (b) increase Borrower's payments to cover accruing interest, (c) increase the number of Borrowers payments, and (d) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments. LATE CHARGE. If a regularly scheduled interest payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. If Lender demands payment of this loan, and Borrower does not pay the loan within 16 days after Lender's demand, Borrower also will be charged 5.000% of the sum of the unpaid principal plus accrued unpaid interest. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower faits to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (d) Any partner dies or any of the partners or Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (e) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (f) Any of the events described in this default section occurs with respect to any general partner of Borrower or any guarantor of this Note. (g) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to 03--30-2000 PROMISSORY (VOTE Page 2 Loan No (Continued) Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by, in addition to any other collateral, a Mortgage and an Assignment of All Rents dated March 30, 2000, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. 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. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest 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, partner, or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. 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 AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: RANDOI % G. By: DONALD E. STgVENS, A PENNSYLVANIA PARTNERSHIP/gyp CUMBERLAND WO DCRAFT CO. SEAS ,.' (5M) (.SEAL) 6y. DONALD E STEVENS, General Partner ieneral P rtner Variable Rate. Generic. LASER PRO, Reg. U,S. Pat. & T.M. Off., Ver. 3.29(C) Concentrex200o All rights reserved. IPA-D20 07081 CL.LNJ EXHIBIT "B" COMMERCIAL GUARANTN #?rincipal I Loan aat+ Maturity Loan No E Ga#1 , Go t era# I _ Account J.HB References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Borrower: RANDOLPH G. REESE AND DONALD E. STEVENS, A Lender: ORRSTOWN BANK PENNSYLVANIA PARTNERSHIP T/A CUMBERLAND P.O. Box 250 WOODCRAFT CO. (TIN: 23-1937176) Shippensburg, PA 17257 P.O. DRAWER 609 CARLISLE, PA 17013 Guarantor: DONALD E STEVENS and CONSTANCE S STEVENS 44 CONWAY ST CARLISLE, PA 17013 AMOUNT OF GUARANTY. This is a guaranty of payment of the Note, including without limitation the principal Note amount of Eight Hundred Thousand & 00/100 Dollars ($800,000.00). GUARANTY. For good and valuable consideration, DONALD E STEVENS and CONSTANCE S STEVENS ("Guarantor") absolutely and unconditionally guarantee and promise to pay, jointly and severally, to ORRSTOWN BANK ("Lender") or its order, on demand, in legal tender of the United States of America, the Indebtedness (as that term is defined below) of RANDOLPH G. REESE AND DONALD E. STEVENS, A PENNSYLVANIA PARTNERSHIP T/A CUMBERLAND WOODCRAFT CO. ("Borrower") to Lender on the terms and conditions set forth in this Guaranty. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word 'Borrower" means RANDOLPH G. REESE AND DONALD E. STEVENS, A PENNSYLVANIA PARTNERSHIP T/A CUMBERLAND WOODCRAFT CO.. Guarantor. The word "Guarantor" means DONALD E STEVENS and CONSTANCE S STEVENS, who are signing this Guaranty jointly and severally. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated March 30, 2000. Indebtedness. The word "Indebtedness" means the Note, including (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and loan charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lender's attorneys' fees and Lender's legal expenses, whether or not suit is instituted, and attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Note. The word "Note" means the promissory note or credit agreement dated March 30, 2000, in the original principal amount of $800,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described above, plus all costs and expenses of (a) enforcement of this Guaranty and (b) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties. NATURE OF GUARANTY. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness within the limits set forth in the preceding section of this Guaranty. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any group of Guarantors, or against all the Guarantors in one action, without affecting the right of Lender to proceed against other Guarantors for amounts that are covered by this Guaranty. Any inability of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender) will not affect Lender's right to proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (e) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (f) to apply such security and direct the order or manner of sate thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (g) to sell, transfer, assign, or grant participations in all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements 03-30-2000 COMMERCIAL GUARANTY Page 2 Loan No (Continued) of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (b) this Guaranty is executed at Borrower's request and not at the request of Lender; (c) Guarantor has full power, right and authority to enter into this Guaranty; (d) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (f) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (j) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to continue lending money or to extend other credit to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (d) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (f) to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. If now or hereafter (a) Borrower shall be or become insolvent, and (b) the Indebtedness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and relinquishes in favor of Lender and Borrower, and their respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (c) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral far the Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of Guarantor's right, title and interest in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in the possession of or on deposit with Lender, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Guarantor. No security interest or right of setoff shall be deemed to have been waived by any act or conduct on the part of Lender or by any neglect to exercise such right of setoff or to enforce such security interest or by any delay in so doing. Every right of setoff and security interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in writing executed by Lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender hereby is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty; Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the 03-30-2000 COMMERCIAL GUARANTI Page 3 Loom No (Continued) matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Notices. All notices required to be given by either party to the other under this Guaranty shall be in writing, may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when deposited in the United States mail, first class postage prepaid, addressed to the party to whom the notice is to be given at the address shown above or to such other addresses as either party may designate to the other in writing. If there is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Waiver, Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MARCH 30, 2000. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARAN R X ,..? DONALD E STEVENS ?SEAI) CONSTANCE S STEV NS?? s iS. } INDIVIDUAL ACKNOWLEDGMENT ?r r STATE OF i of ?? ffff / !? __) ) SS COUNTY OF On this, the day of 20 before me _ 1 r y 1? V IV r the undersigned Notary ubiic, personally appeared DONALD E STEVENS and CONSTANCE S STEVENS, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. i ? Notary P blic in and for the State of 1 °C LASER P^Q Reg. U.S. Pat. & ?.M. Cit., Ver. 3.29 (C) Concentrex 2000 All rights reserved. IPA-E20 07091 CL.LNJ N ' h arl8 SaL ? ?„as c v'emaT, ?' ?'mac -° @ Catik °3 BoaC. I my CcExi:+res aw- Z: , -DL,2 i Memt?-K PBnnsyiv,"a Associaiiar c: Nolanes EXHIBIT "C" COMMERCIAL CUARANT. Principal j Loan Date MaturitYf Loan No 7 Call Collateral i account ( af# cef JH En tials References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Borrower: RANDOLPH G. REESE AND DONALD E. STEVENS, A Lender: ORRSTOWN BANK PENNSYLVANIA PARTNERSHIP T!A CUMBERLAND P.O. Box 250 WOODCRAFT CO. (TIN: 23-1937176) Shippensburg, PA 17257 P.O. DRAWER 609 CARLISLE, PA 17013 Guarantor: RANDOLPH G REESE and DEBRA S REESE 50 MOONGALE DR CARLISLE, PA 17013 AMOUNT OF GUARANTY. This is a guaranty of payment of the Note, including without limitation the principal Note amount of Eight Hundred Thousand & 001100 Dollars ($900,000.00). GUARANTY. For good and valuable consideration, RANDOLPH G REESE and DEBRA S REESE ("Guarantor") absolutely and unconditionally guarantee and promise to pay, jointly and severally, to ORRSTOWN BANK ("Lender") or Its order, on demand, in legal tender of the United States of America, the Indebtedness (as that tern is defined below) of RANDOLPH G. REESE AND DONALD E. STEVENS, A PENNSYLVANIA PARTNERSHIP T/A CUMBERLAND WOODCRAFT CO. ("Borrower") to Lender on the terms and conditions set forth in this Guaranty. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means RANDOLPH G. REESE AND DONALD E. STEVENS, A PENNSYLVANIA PARTNERSHIP T/A CUMBERLAND WOODCRAFT CO.. Guarantor'. The word "Guarantor" means RANDOLPH G REESE and DEBRA S REESE, who are signing this Guaranty jointly and severally. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated March 30, 2000. Indebtedness. The word "Indebtedness" means the Note, including (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and loan charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lender's attorneys' fees and Lender's legal expenses, whether or not suit is instituted, and attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Note. The word "Note" means the promissory note or credit agreement dated March 30, 2000, in the original principal amount of $800,00D.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described above, plus all costs and expenses of (a) enforcement of this Guaranty and (b) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties. NATURE OF GUARANTY. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness within the limits set forth in the preceding section of this Guaranty. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any group of Guarantors, or against all the Guarantors in one action, without affecting the right of Lender to proceed against other Guarantors for amounts that are covered by this Guaranty. Any inability of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender) will not affect Lender's right to proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (e) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (f) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (g) to sell, transfer, assign, or grant participations in all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (b) this Guaranty is executed at Borrower's request and not at the request of Lender; (c) Guarantor has full power, right and authority to enter into this Guaranty; (d) the provisions of 03-30-2000 COMMERCIAL GUARANTY, Page 2 1 an No (Continued) this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (f) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (j) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to continue lending money or to extend other credit to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (d) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (f) to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. If now or hereafter (a) Borrower shall be or become insolvent, and (b) the Indebtedness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and relinquishes in favor of Lender and Borrower, and their respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (c) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of Guarantor's right, title and interest in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in the possession of or on deposit with Lender, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Guarantor. No security interest or right of setoff shall be deemed to have been waived by any act or conduct on the part of Lender or by any neglect to exercise such right of setoff or to enforce such security interest or by any delay in so doing. Every right of setoff and security interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in writing executed by Lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender hereby is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 03-30-2000 COMMERCIAL GUARANT' .c.an No (Continued) Page 3 Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Notices. All notices required to be given by either party to the other under this Guaranty shall be in writing, may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when deposited in the United States mail, first class postage prepaid, addressed to the party to whom the notice is to be given at the address shown above or to such other addresses as either party may designate to the other in writing. If there is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this G uaranty. Waiver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between under and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MARCH 30.2000. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. e --/- A- y ? ?? DEBRA S INDIVIDUAL ACKNOWLEDGMENT STATE OF ) SS COUNTY OF /, H1, ? On this, the day of M 20 U U before me i`r, ) V- ?J t f the undersigned Notary Public, personally appeared RANDOLPH G REESE and DEBRA S REESE, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, 1 hereunto set my hand and official seat. _ f kgi, "3 e. k/7 II Notary Pic in and for the State of LASER PRO, Ala. u.S. Pat Z Off.. Ve-. 3.29 (C) Concentrex 2000 AID rights reserved. IPA-E20 07087 CL.L NI c }'k( a^ Rom, Z3, 2cr, 23 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. VERIFICATION on behalf of Orrstown Bank depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: L?"L ... 4A Name: J04 l v,'c Cey Title: - 5 a i'A l f{ 5 f t f s .r' e SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ',VO of ;?a{7+;rr P rr yyf'?4 f -5 PM r ;: a,r#'YL ?1A, IPN Orrstown Bank vs. Donald E. Stevens (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2012-1850 03/30/2012 04:30 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2012 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., c/o Donald E. Stevens, by making known unto Donald E. Stevens, at 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ROBE T BITNER, DEPUTY 03/30/2012 06:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2012 at 1845 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Debra S. Reese, by making known unto herself personally, at 50 Moongale Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY 03/30/2012 04:30 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2012 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donald E. Stevens, by making known unto herself personally, at 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. l ROB T BITNER, DEPUTY SHERIFF COST: $72.00 April 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 'Cj GC "I yS•.10, She" .°. F • -, I NATHAN C. WOLF, ESQUIRE SUPREME COURT I.D. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 Attorneys for Defendant Debra S. Reese r Il + t 1: M2 APR 26 PM 1: 48' L?pENSYLV?GU?#i ANNA ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a/ Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants NO. 2012-1850 CIVIL ACTION - LAW DEFENDANT DEBRA S. REESE'S PRELIMINARY OBJECTIONS TO COMPLAINT Defendant, Debra S. Reese, by her attorneys, Wolf & Wolf, sets forth the following: 1. Randolph G. Reese is named as party as a partner in the above matter. 2. Randolph G. Reese died on February 19, 2008. 3. Naming Randolph G. Reese to this litigation is a nullity and the Estate of Randolph G. Reese is a necessary party to the action. 4. The Complaint filed in this action is in violation of Pennsylvania Rules of Civil Procedure No. 1028 (5). WHEREFORE, Defendant Debra S. Reese, requests your Honorable Court to dismiss the Complaint along with any additional relief the Court deems appropriate and just. Respectfully submitted, WOLF & W%F, Attorneys at Law Dated: April 26, 2012 By: Natha lf, Esquire 10 W t igh Street Carlin e, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorneys for Defendant CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that a copy of the foregoing Defendant Debra S. Reese's Preliminary Objections to Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 Mr. Donald E. Stevens 44 Conway Street Carlisle, PA 17013 Respectfu ubmitted, WOLF _&-,WOLF, Attorneys at Law Dated: April G_;i?012 Nat . Wolf, Esquire 10 W #t High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. I Hereby certify that the last known address of Defendant(s) is/are: 44 Conway Street Carlisle, PA 17013 Ralph M. Salvia, Esquire CIVIL DIVISION No.: 2012-1850 CIVIL ISSUE NUMBER: TYPE OF PLEADING: •''" f EltL ;NO COUNTY FEMINSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT AGAINST DEFENDANTS, RANDOLPH G. REESE AND DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co. and DONALD E. STEVENS, ONLY FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Ralph M. Salvia, Esquire Pa. I.D. #202946 Attorneys for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 0.%?'S 1 U.S6 Pd a co IaaIS e ? a -it/ 84) y? Nob6 w,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1850 Civil VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership t/a Cumberland Woodcraft Co. and Donald E. Stevens, ONLY, in the amount of $507,841.65 which is itemized as follows: Principal $ 452,475.79 Interest through 5/7/2012 $ 9,112.37 Late Charges $ 523.56 Other Charges/Fees $ 95.00 Attorney's Fees & Costs $ 45,634.93 (10% of Total Due) TOTAL $ 507,841.65 plus interest on the principal sum ($452,475.79) from May 8, 2012, at the rate of $108.47 per diem, plus additional attorneys' fees and costs. JAM SMIT DIETTERICK & CONNELLY LLP By: Ralph M. Salvia, Esquire PA I.D. #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Ralph M. Salvia, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. 4W Ralph M. Salvia, Esquire Sworn to and subscribed before me this 7ch day of May, 2012. Notary Public My Commission Expires: NOTARIAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1850 Civil VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership t/a Cumberland Woodcraft Co. ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on f?10l a . ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $507,841.65 plus interest on the principal sum ($452,475.79) from May 8, 2012, at the rate of $108.47 per diem, plus additional attorneys' fees and costs. Ab Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1850 Civil vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Donald E. Stevens ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $507,841.65 plus interest on the principal sum ($452,475.79) from May 8, 2012, at the rate of $108.47 per diem, plus additional attorneys' fees and costs. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1850 Civil vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., : DONALD E. STEVENS and DEBRA S. REESE, Defendants. IMPORTANT NOTICE TO: Donald E. Stevens 44 Conway Street Carlisle, PA 17013 DATE OF NOTICE: April 20, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, CIVIL DIVISION NO.: 2012-1850 Civil Defendants. AVISO IMPORTANTE A. Donald E. Stevens FECHA DEL AVISO: April 20, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES SATS D DATE: April 20, 2012 BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID & CONNELLY LLP Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1850 Civil VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants IMPORTANT NOTICE TO: Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership t/a Cumberland Woodcraft, Co. 44 Conway Street Carlisle, PA 17013 DATE OF NOTICE: April 20, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2012-1850 Civil VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. AVISO IMPORTANTE A. Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership t/a Cumberland Woodcraft Co. FECHA DEL AVISO: April 20, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-316 (800) 990-91Q8 JAMES "TK D DATE: April 20, 2012 FIRST CLASS U.S. MAIL, POSTAGE PREPAID & CONNELLY LLP Scott-A--131ettenck, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 BY: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4tit??tp nt ??f?brrr??r4 OFFICE OF THE VERIFF Orrstown Bank vs. Donald E. Stevens (et al.) Case Number 2012-1850 SHERIFF'S RETURN OF SERVICE 03/30/2012 04:30 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2012 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., c/o Donald E. Stevens, by making known unto Donald E. Stevens, at 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ROBE ?TBITNER,EPUTY 03/30/2012 06:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2012 at 1845 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Debra S. Reese, by making known unto herself personally, at 50 Moongale Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BIT ER, DEPUTY 03/30/2012 04:30 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2012 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donald E. Stevens, by making known unto herself personally, at 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. l ROB ;T BITNER, DEPUTY SHERIFF COST: $72.00 April 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shentf. Telsosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION 1850 Plaintiff, NO.: 2012- vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. W Y 2'm (- r` : : U C?I ?-- I cl s? 'C--) -n REPLY TO DEFENDANT DEBRA S. REESE'S PRELIMINARY OBJECTIONS And now comes Orrstown Bank, Plaintiff, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Reply to Defendant Debra S. Reese's Preliminary Objections as follows: 1. Denied. The partnership is properly named in accordance with Pennsylvania Rule of Civil Procedure 2128. Randolph G. Reese is not named individually thus there is no requirement to name the Estate of Randolph G. Reese as a defendant. 2. Denied, Plaintiff lacks knowledge sufficient to admit or deny same. 3. Denied for reasons more specifically stated in Reply to Paragraph 1. 4. Denied for reasons more specifically stated in Reply to Paragraph 1. WHEREFORE, Plaintiff requests the Preliminary Objections be overruled and Defendant Debra S. Reese ordered to file an Answer to the Complaint within twenty (20) days. JAMES, S H, IETT CK & CONNELLY LLP Dated: BY: Scott A. Dietterick, Esquire PA I.D. # 55650; sad@jsdc.com Kimberly A. Bonner, Esquire PA I.D #89705; kab@jsdc.com Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants. CIVIL DIVISION NO.: 2012-1580 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Reply to Preliminary Objections was served on the following this RO day of May, 2012, via First Class U. S. Mail, Postage Pre-paid: I `4 Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 DIETK N NELLY LLP JAMES, MIT Dated: = BY: Scott A. Di 'ck, Es uire PA I.D. # 55650; sad@jsdc.com Kimberly A. Bonner, Esquire PA I.D #89705; kab@jsdc.com Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 (Fax) Cq/gL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Cl) rv ORRSTOWN BANK ' = uir- CD (Plaintiff) <= - 'ri - C-) ? 1 ED vs. c RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a `j' Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE (Defendants) No. 2012-1850 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Debra S. Reese's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Kimberly A. Bonner, Esquire Address : P.O. Box 650, Hershey, PA 17033 (b) for defendant: Nathan C. Wolf, Esquire Address : 10 West High Street, Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. JULY 13 4. Argument Court date: , 2012 Attorney for Plaintiff 41q.,7,5 p o A77 / 13l0 ? a?5?at NATHAN C. WOLF, ESQUIRE SUPREME COURT I.D. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 Attorneys for Defendant Debra S. Reese ORRSTOWN BANK, Plaintiff VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a/ Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants IN THE COURT OF COMMON PLEATS OlL„ CUMBERLAND COUNTY, PENN ANA MW c. C= r- r U) > _< CD NO. 2012-1850 ? - MIN CIVIL ACTION - LAW D O ORRSTOWN BANK,. Plaintiff VS. CUMBERLAND WOODCRAFT CO., INC., DONALD E. STEVENS and DEBRA S. REESE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1853 CIVIL ACTION - LAW DEFENDANT DEBRA S REESE'S MOTION TO CONTINUE MATTERS LISTED FOR ARGUMENT COURT AND NOW comes the Defendant, Debra S. Reese, by her attorneys, Wolf & Wolf, sets forth the following motion to continue matters listed for argument court averring as follows: 1. Defendant Debra Reese filed preliminary objections on each of the above-dockets on or about April 26, 2012. 2. Thereafter, Plaintiffs filed replies to the preliminary objections on the respective dockets and listed the matters for argument by praecipe filed with the Prothonotary on or about May 15, 2012. 3. The praecipe to list for argument on each of the cases was served by mail upon the undersigned on or about May 15, 2012. (A true and correct copy of the praecipe in each docket is attached hereto as Exhibits A (2012-1850) and Exhibit B (2012-1853), respectively). 4. Each praecipe lists the date for argument as June 1, 2012. 5. The last day to set matters for Argument Court for June 1, 2012 was May 14, 2012. 6. The undersigned contacted the Prothonotary on May 15, 2012 and was informed that because the praecipe in each case had not been received and filed until May 15, 2012, that the matters would not be accepted for argument on the June 1, 2012 session of Argument Court. 7. Thereafter, on or about May 22, 2012, the undersigned communicated with Kimberly Bonner, Esquire, counsel for Plaintiff and confirmed that she was aware that these cases were not listed for the June 1, 2012 Argument Court list. 8. According to information received from the Cumberland County Prothonotary's office, one of the Deputy Prothonotaryes communicated with Plaintiff's counsel about the missed deadline to explain that the matters were not listed for argument court. 9. Upon information and belief, Plaintiff's counsel was given the option to have the matters listed for the July 13, 2012 session of Argument Court. 10. Apparently, Plaintiff's counsel elected to take advantage of that option and directed the Deputy Prothonotary to indicate the change in date on the praecipe in each respective case. (A true and correct copy of the respective praecipes as modified and as they appear in the Prothonotary's files are attached hereto as Exhibits C and D respectively). 11. Despite this change and the subsequent communication with the undersigned, no notice was provided by the Plaintiff's counsel as required by local rule and as indicated on the form of the praecipe listing the matter for argument filed by Plaintiff's counsel. 12. To date, the undersigned has received no notice from Plaintiff's counsel that the matter was listed for the July 13 session of Argument Court. 13. On or about June 26, 2012, while in the process of preparing a brief in an unrelated matter, the undersigned contacted the Prothonotary's office to determine if they had received a new praecipe in either or both of the above-captioned case listing the matter for the July 13, 2012 session of Argument Court. 14. Only at that time did the undersigned learn that the previous filings had been amended and that the cases were listed for the July 13, 2012 session of Argument Court. 15. Counsel is unable to prepare and submit his briefs in the above-captioned cases by the June 29, 2012 deadline as required by the Local Rules of Court. 16. Counsel for the Defendant requests that resolution of the above-captioned matters be postponed until the next session of argument court, which would be heard on September 7, 2012. 17. Based on the failure of Plaintiff's counsel to notify the undersigned of the modification to its filings and to notify counsel in writing of the listing of these matters for the July 13, 2012 session of Argument Court, Defendant submits that the failure to comply with the Rules of Court is most effectively corrected by granting the relief requested herein. 18. No prior judge has been assigned to these matters. 19. Concurrence in the foregoing Motions has been sought from Kimberly Bonner, Esquire, and such concurrence was given. WHEREFORE, Defendant Debra S. Reese, requests your Honorable Court issue an Order on each of the above-captioned dockets removing these cases from the July 13, 2012 Argument Court list and postponing disposition of these matters until the September 7, 2012 Argument Court list along with any additional relief the Court deems appropriate and just. Respectfully sub itted, WOLF & WAttorneys at Law Dated: June 27, 2012 By: Nath5kolf, Esquire 10 W igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorneys for Defendant PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) ORRSTOWN BANK (Plaintiff) VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE (Defendants) No. 2012-1850 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Debra S. Reese's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Kimberly A. Bonner, Esquire Address : P.O. Box 650, Hershey, PA 17033 (b) for defendant: Nathan C. Wolf, Esquire Address : 10 West High Street, Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court date: JUM 1, 2012 { i Attorney for Plaintiff Exh;b,i A PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) ORRSTOWN BANK (Plaintiff) vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE (Defendants) No. 2012-1853 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Debra S. Reese's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Kimberly A. Bonner, Esquire Address : P.O. Box 650, Hershey, PA 17033 (b) f or de f endant : Nathan C. Wolf, Esquire Address : 10 West High Street, Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court date: JUNE 1, 2012 Attorney for Plaintiff Eo"'VI -? B CqIgL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------- CAPTION OF CASE ----------- --- (entire caption must be stated in full) Cl) N d ORRSTOWN BANK -v3 N c=nrr-- ` 0 0 (Plaintiff) < VS.. ?> N om; RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE (Defendants) No. 2012-1850 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Debra S. Reese's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff : Kimberly A. Bonner, Esquire Address : P.O. Box 650, Hershey, PA 17033 (b) for defendant : Nathan C. Wolff; Esquire Address : 10 West High Street, Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. JULY 13 4. Argument Court dater 2012 Attorney for Plaintiff 414.15 PO AY7Y e it- /a X3(0 ?`'a?saa! CA /1% L PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CD cn -s, --------------------------------------------------------------------- ----- -+`.: rnc° z CAPTION OF CASES (entire caption must be stated in full) ?D Ln C) z ° ORRSTOWN BANK "° C) T' N - (Plaintiff) co VS. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE (Defendants) No. 2012-1853 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Debra S. Reese's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Kimberly A. Bonner, Esquire Address : P.O. Box 650, Hershey, PA 17033 (b) f or defendant : Nathan C. Wolf, Esquire Address : 10 West High Street, Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. Jury r3 4. Argument Court date:4NOWN16w 2012 - ?x Attorney for Plaintiff 41q.,15 Pa AT7Y 6*- /a L&T P,**a-7&WQ xh;v,? JD CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that a copy of the foregoing Defendant Debra S. Reese's Preliminary Objections to Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 Mr. Donald E. Stevens 44 Conway Street Carlisle, PA 17013 Dated: June 27, 2012 WOLF B40)I:F, Attorneys at Law Nathan olf, Esquire 10 Wet igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorneys for Defendant 'V a ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. RANDOLPH G. REESE and : v,&O. 2012-1850 DONALD E. STEVENS, a Pennsylvania Partnership t/a/ Cumberland Woodcraft Co.,: CIVIL ACTION - LAW DONALD E. STEVENS and DEBRA S. REESE, Defendants ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : VI?O. 2012-1853 CUMBERLAND WOODCRAFT CO., INC., DONALD E. STEVENS and CIVIL ACTION - LAW DEBRA S. REESE, Defendants ORDER OF COURT AND NOW this V day of iyKk 2012, upon consideration of the foregoing motion to continue Argument Court, the Motion is hereby GRANTED and consideration of each matters shall be deferred to the September 7, 2012 session of Argument Court. This Order shall be recorded at each of the above captioned dockets by the Prothonotary. The parties shall prepare their respective briefs and submit them to the Court for that session of Argument Court within the timeframes established by the Local Rules of Court. Distribution: Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire For the Plaintiff v/ Nathan C. Wolf, Esquire / For Defendant Debra Reese V Donald L. Stevens, Pro Se Defendant ???C'S luCc • led &/a.7//a t") C D© 2q n N C 2 NO v a !V C- C:) 1k ra Q ? Qh T? -C BY THE COURT, ' J ~ i,.i r 3 h .. NATHAN C. WOLF, ESQUIRE SUPREME COURT I.D. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 Attorneys for Defendant Debra S. Reese ~~i2A~1d, !6 ~~jlj~ ~3~ ('EN~dSYt_wAl~(~`, ORRSTOWN BANK, Plaintiff vs. RANDOLPH G. REESE and DONALD E. STEVENS, a Pennsylvania Partnership t/a/ Cumberland Woodcraft Co., DONALD E. STEVENS and DEBRA S. REESE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN NO.2012-1850 CIVIL ACTION -LAW ORRSTOWN BANK, Plaintiff vs. CUMBERLAND WOODCRAFT CO., INC., DONALD E. STEVENS and DEBRA S. REESE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN NO.2012-1853 CNIL ACTION -LAW DEFENDANT DEBRA S. REESE'S MOTION TO CONTINUE MATTERS LISTED FOR ARGUMENT COURT AND NOW comes the Defendant, Debra S. Reese, by her attorneys, Wolf & Wolf, sets forth the following motion to continue matters listed for argument court averring as follows: 1. Defendant Debra Reese filed preliminary objections on each of the above-dockets on or about April 26, 2012. 2. Thereafter, Plaintiffs filed replies to the preliminary objections on the respective dockets and listed the matters for argument by praecipe filed with the on or about May 15, 2012. 3. The Plaintiff filed a praecipe to list the preliminary objections for argument which currently scheduled to be heard on September 7, 2012. 4. The Sheriff s Sale on the underlying in rem foreclosure action in this matter is scheduled to occur September 5, 2012. 5. The parties have agreed to postpone consideration of the instant action on the in personam claim at the above term and dockets until the Sheriffls Sale has occurred. 6. Thus Defendant requests that consideration of these preliminary objections be postponed to the October 5, 2012 session of Argument Court and that the briefing deadlines be likewise postponed to September 21, 2012 for Defendant and September 28, 2012 for Plaintiff. 7. A prior motion for continuance in these matters was granted by the Honorable Ebert, jr. Judge. 8. Concurrence in the foregoing Motions has been sought from Kimberly Bonner, Esquire, and such concurrence was given. WHEREFORE, Defendant Debra S. Reese, requests your Honorable Court issue an on each of the above-captioned dockets removing these cases from the September 7, 2012 Argument Court list and postponing disposition of these matters until the October 5, 2012 Argument Court list along with any additional relief the Court deems appropriate and just. Respectfully s bmitted, WOLF & }F, Attorneys at Law Dated: August 16, 2012 BG Nathan olf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorneys for Defendant CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that a copy of the foregoing Defendant Debra Reese's Motion to Continue Argument Court was served this date by depositing same in the Pot Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 Mr. Donald E. Stevens 44 Conway Street Carlisle, PA 17013 Dated: August 16, 2012 By: WOLF 8~f~bLF, Attorneys at Law Na n Wolf, Esquire 10 t High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorneys for Defendant 1 ORRS BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. RANDO PH G. REESE and DONAL E. STEVENS, a Pennsylvania Partnership t/a/ Cumberland Woodcraft Co.,: DONAL E. STEVENS and DEBRA . REESE, Defendants NO. 2012-1850 CIVIL ACTION - LAW ORRST WN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2012-1853 CUMBERLAND WOODCRAFT CO., INC., DONALD E. STEVENS and CIVIL ACTION - LAW DEBRA S. REESE, Defendants ORDER OF COURT t? AND NOW this '•Z 0- day of 2012, upon consideration of the foregoing motion to continue Argument Court, the Motion is hereby GRANTED and consideration of each matters shall be deferred to the October 5, 2012 session of Argument Court. This Order shall be recorded at each of the above captioned dockets by the Prothonotary. The parties shall prepare their respective briefs and submit them to the Court for that session of Argument Court within the timeframcs established by the Local Rules of Court. ? Scott A. Di?tterick, Esquire ? Kimberly ?. Bonner, Esquire For the Plaintiff I/Nathan C. Wolf, Esquire Fir Defendant Debra Reese ?Donald L. Stevens, Pro Se Defendant ;/ Court Administration c zC fTt M (-. ..,_, {o J N BY THE COURT,