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Home My WebLink About12-3997 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. /a 99 7 '? VS. . F LIGHTSTYLES, LTD. ENTRY OF APPEARANCE CONFESSION 3 OF JUDGMENT -< Pursuant to the authority contained in the Promissory Note dated December 15, 1997, a copy of which is attached to the Complaint in Confession of Judgment filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff, Orrstown Bank, and against Defendant, Lightstyles, Ltd. Principal: $174,991.24 Interest as of March 26, 2012: 825.59 Loan Admin Fee 200.00 Legal Fees 2,000.00 Total $177,976.83 Dilworth Paxson LLP By: Eliza eth J. Goldstein, Esquire Attorney for Defendant ow), CL I%k 93662081 a77M3 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY NDUA CIVIL ACTION - LAW C- -`' ORRSTOWN BANK NO. /? - 39? 7 4 ?, C1 ? , vs. ?"? r? - tea LIGHTSTYLES, LTD. 4 .24 low", 00 COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pennsylvania Rule of Civil Procedure 2951(b) for judgment by confession and avers the following: 1. Plaintiff is Orrstown Bank, a bank authorized to do business under the laws of the Commonwealth of Pennsylvania with an office at 77 East King Street, Shippensburg, Pennsylvania 17257. 2. Defendant is Lightstyles, Ltd., a Pennsylvania Corporation with an address 1216 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant, Lightstyles, Ltd., for good and valuable consideration, made and executed in favor of Plaintiff, Orrstown Bank, a Promissory Note dated December 15, 1997 in the principal amount of $200,000. A true and correct copy of said Promissory Note is attached hereto as Exhibit "A" and made a part hereof. 4. The Promissory Note dated December 15, 1997 was subsequently amended on December 29, 2010 pursuant to an agreement entitled First Amendment to Promissory Note (the note, as amended, is hereinafter referred to as the "Note"). A true and correct copy of said First Amendment to Promissory Note is attached hereto as Exhibit "B" and made a part hereof. 5. Defendant, Lightstyles, Ltd., owes Plaintiff, Orrstown Bank, the following under the terms of said Promissory Note: 93662082 Principal: $174,991.24 Interest as of March 26, 2012: 825.59 Loan Admin Fee 200.00 Legal Fees 2,000.00 Total $177,976.83 6. Said Note is in default for Defendant's failure to pay principal and interest when due and owing and due to the existence of an unsatisfied judgment against Lightstyles for a period in excess of 30 days. 7. Judgment has not previously been entered on said Note in any jurisdiction. 8. There have been no assignments of said Note. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Orrstown Bank, demands judgment against Defendant, Lightstyles, Ltd, in the amount of $177,976.83. Dilworth Paxson, LLP By: E izabeth Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 93662082 Exhibit "A" 2CQiRCC. nC PfdM )RY NOTIE loan fr _ Dated-December 15, .191- Debto .-__le?l?tsgle5. LTD of 1261 CI r moo Road t a_rl glg, PA 17o13 Debtor - --- of FOR VALUE RECEIVED AND INTENOiNG TO BE LEGALLY BOUND HEREBY, the person or persons who sign as debtor below (each iointly and severally liable if more than one person and hereinafter referred to as "Debtor"), promises to pay to the order of ORR$TOWN BANK f.'Lender"1' at any "of Lender's branch. offices, the Principal sum of Two hundred thousand and 00/100 - - - - - - - Dollars in lawful money of the United States, tc be paid as follows: Oa demand, together with accrued interest then outstanding. Interest from the date at this Note shag accrue on the unpaid Principal balance hereof at the rate of , I t7Z PT p.a.,m refe'r.g=e rang do_gj at d by T,y tipr frrAn'riMp to r4+en aS itc pr-limn -ir P and shaff be payable tec3ntt[ly - _ as billed. Sad Cbisin of my Oft burn lime kt lime by Ur_ttt W 1* d chew; sal( trrin find ou"Ry slrAf bb it0eperderteflendef:righttfaE11.arGSkf,shfabe#41ya,dtooetaratthetiaeelMelerret rerd+iets access of Dblatpr.b acaaoW fo Llyder's OwAsi n, ~ wa eat off may be Otero upon (vender's books and records at.t W Ling:. LENOD'S AMM UPON DEPAUtf: N? ffl gootr+gsantai tried berate ore Mvwe, or the fad tfn(llebter an beep 'red m MAU PrindpalindJot i*gt Wmak ft-time to time, d this Nota jo XVWW- dexwrd, Lends aaydeeundiraygiWd ANewltdodfejFrino¢alsnd accrued intorest if any tba, *blow or rA 40 Event 4f0daut4a On eocuned In any ewrrt. open the occarrerrca of" Evett d MA Larder nay da 1ey «ai d Nk klbw* 11) acptatatf ftM* * d'ttia dote and danaad WWO634 paympd d eA artsta OOV PA-4w and aurugd ie tMt Debts ft" ft parr utteft at choral, We" At M Noto an aM auoh sans Walmder huuluisMyttrxkredprimtie40OWN1,coatil LarderhfsafayYWjv tM"dnewovefort GA l> lntlothtt4'artaetgfflt6orrgytanhiafdherein.c?rde?ff a?iirrstQe6la,oranyofthem. Worea mdecst"d" eWANI ffiy yryWlar; tart afasrnaedpamunderthe P+nASnLY ffif? erlrirnwcLf frk and act d its fi)f'lns,radr inr akuri4t ?a.maM L p?e1r(?aer>«;iei#ma'?p?alw?r.th'slieltayq'oNrernolRrapier.?ear?r.iNWmenlm do wm* isssred in wm wc%m ub or Rini gut 04" of tla rigs, au of Much rematku sAaa be anotiitdvt &W ad alleipldfe. W vet prw* of " mutfai Hid 14 Wide asamwb far say of the ? if dwked, Debtor aft tW this Wole 6 a-ronfwal of It* Prom6mfy Note dated W -,wrd*,deranocadlilionrcty hWadnnced"hfratyllh ft fete is net Wtended to craeee a1oTO11f1krr6ebC iftarder was 0*i *M:h a MW ttr.Ww soiaridy infer»t m coraection with the prig irooWdfy *k that secunty kbeest shah tae Ie4ited by tinder In c"wdion wdh the Nate. tJNG011Dn10Nltl LlAfiILITY:OF'4berdit 641YONDY eltlerp6Gpor.andstuRrntbegllpletl redlApflS+6a?t®ruioctalifMe,?atetrltireWararmidarrGaYand ft a therelease,uibst" a!fstolMenfsttwrYjrfortticNote, cDragoh}erMy and actauiorudtiraa renmttaTastoraoaaotgadiAoBota aswekosbt4t'reirase afgpoc d ObRridrs and/or cola" slsUxk WWW'We to'Obkp and wilAoat atfe*t 0bqor's 1 tieragder a rwdn the tiabii9rrt ills N,e % en%W b the trot # 1eM4? $( cutely WWOF sof ally w , seat* 'ajMOM& t(s), MWW44 ,. rl dW such loop doo m&* frehaw tons fhe "loan Deo4nradt 1 die . MlalYrereaact?d rlaab berarianTetlltlwRl+ a ipliaetoee?dsui?equeettq,tltflll?4la,3ftrrtdl'?GbpilytiNmended, reaewedwsd?Libdwiihard aft* in any say the raCr*_dt W?of IA Mate, WON ao9 tolases my tip tie. moo tbrda to coB d'-,;-Ay e( tit he+der Nam any obaer 9WJWfrderof?Tt "'OfnWsiilMwyl`at?etsg(AW*Ws aydtrpgd*ilrrtgbekKLMdvtpappty?. inycol?afinwtiicAUDi(+orflueeytijAf,#?1ear'a+fereataptr?scaaYt?B+e?lbt?Oi':listiiltdestotenderin ? a" mow the tender"8deeneinc (4) tk?nl ?drys.*[RkEanetluOaDeblar,4edeoacrufnSirders?l mad enlalAeirdmastvraidedlor aBove.Harry.traretenati¢`m?fdGfurpertHyf;?eranaumon?iew,p?P?6cipollasiam:providetl t llatgII{opet?dilaM M inextessddame>ttp M&MO OFMterestthenaibwedby Ilk.DebW WOM i+o pay xeh aarued mast upon dWdhd. Of ?rrDtlfEY: Dd>ior, ante wrh d ilrfestl ?torg tluR.eno, hereby irntV?ICcabfy authorises arrQ tayA16r1ielarar?ytMedcoraoytxWtgft?dpak upya??6tiklaaerrenceotanyEveuto? reef dSrrylof?pdirffraadl7 fESS ra0WstDeWroranydAIM,tt) torsuch rilaYai?d+?6rlllgi_ QUltlo?iM'l ?fld/Of Wso"01"PkHlinstituted by cesdin4p: if a w, Astul w ierandenter be elefched. ea sufrldtnt by eras Debtor's befloM for anyfef>rat whebma. Laden is W* fur owed sw aropove appo? Ion ?dConksaMor did oko De?llOr or any of MM sub(ed, hwam, lathe Wft subtequxd enbf`y or e*feat*lrneae by LRnuerrNy"bo darois cafe My mm in prior arifq and to Me ofto that such errors art sotiied to true in $a jaer precedTatps. THE PROVISIONS ON THE REVERSE SIDE ARE PART Of T TE. Debtor has duly executed this Note the day and year first above written and has hereunto set tot's fia d' and seal. {NNMbUAt BEBTDRfS} SIGft REAM (CORPORA1toN OR i Ti9ERSFifP DE9 SlGit l1?Ltl11(r fSFAQ . / Jr now, Kum a Co. . f e . Cc ?- /.ltd /?TL12o (SEAq . Palo V Robert L. Sl e, Pres. 99) rte (CAMWA.sm tae a e+?rie,nHire iRlcn ?rnNan?Tan fn+:.. .+:•pF. r....r .. .._. W-SMUted by Linda uWv Ow iahu of ft Matt, Deb* gWto MWbease L"k foa aR to3ts incluc6ly courtt"4Ard? Wbk YsfaaseFt5%0b tNtDBMMk-D* q oft MtPWamountdue inier6?t N asl a ras:tsM 4 rEatwace rtEe dat?Nedby tsnda.a d ifmt as Nk Dnme Rs6e,B/iit$ale,otidrNtaiiq;wNaai?tllk to efioRMan?fo?MRKld?dlefedeu(Restrve8snk in wtwsedi?icltAal?indfrklaksletl.cYan?as+e4hRn46f'apYtkstht?tifhofiveontlxdays onwt?icftsucM?etaran4anabaCtgly?ar . flbsr+l6l?arreEanli?igerlNtQ?SinitOixountRak.x acvr+cawa. tAe>i?h.Md A?vi?ei 1l ?Yr+d?r ?iallke'?nipretsaau #ena1R of }1s a?CCtgas and a6ssiox.Atl,?cp?eo;?q,aafya?d?r?rboC9l?t?Mai?tstr?hNL Mdt?t6ird tlpiikors> r IrFr! ± M> Matt for any ww athetW6r ? P? ? 1a'1M«. d' Ike Md ?: 1t1§EDFk?J111E911?"DlMlt'.MtbY+s+i?'asbr4faRtaOtltaatpratad?Ysdn6?iiiat????jtroQCeoldsAoeor PenOS?vitfiaidceet?ortwitlia?7'ma[s?? hare`irmtcr,id<faidfR{`tkecatlertbn?n and demii d. Oebeor Mreby'senres aad MW%ft 11 krom U" 10 k in any D +t hm4d. IATE m" The borrower agraes to pay to B4rtk, as a late charge not as additional interest, an amount equal to 5% of any payment or $5D.00, which ever is greater,, on any paym4n,t not received by the Dank on or before the 15th calendar day,after _tha date the payment was due.- W and ?edw? bd in OA,Nf 5W4R""PA 170 (Rev 12"a Exhibit "B" FIRST AMENDMENT TO PROMISSORY NOTE #1231820101 THIS FIRST AMENDMENT TO PROMISSORY NOTE (this "First Amendment") is made as of December 1, 2610, by and between LIGHTSTYLES, LTD. (the `'Borrower") and ORRSTOWN BANK (the "Bank"). RECITALS Lender 'made a $200,000 line of credit loan (the "Loan") to the Borrower as evidenced by the Borrower's Promissory Note dated December 15, 1997 in the stated principal amount of $200,0011.00 (the "Note"). The Note provided for payment on demand with monthly payments of accrued interest at the Lender's Prime Rate plus one half of one percent (0.50%). The Borrower has requested and the Lender has agreed to amend the payment and interest rate terms of the Note as set forth in this First Amendment. AGREEMENTS NOW, T14EREFORE, in consideration of the premises and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto, inteling to be legally bound, agree, as follows: I . Outstanding Balance. Borrower and Lender hereby acknowledge and agree that the outstanding balance under the Note as of the date of this First Amendment is $200P000.00. 2. Interest Rate. The Borrower and the Lender hereby acknowledge, agree and confirm that from the date of this First Amendment through December 31, 2015, interest shall accrue on the unpaid principal balance outstanding from time to time at a per annum fled rate of interest equal to six and one-half percent (6.50°!o) and, thereafter, until all sums .due under the Note, whether principal, interest, charges, fees or other sums are paid in full, interest shall accrue on the unpaid principal balance outstanding from time to time at a per annum variable rate of interest equal to the greater of (i) the Wall Street Prime &_s? a margin of one percent (1.001K), or (ii) five percent (5.00%) per annum. When a variable Tate of'interest is to apply, the rate of interest under this Note shall change automatically, without notice, as and when there has been a change in the Wall Street Journal Prime. The Borrower acknowledges that to the extent interest is to accrue on the outstanding principal balance at a rate based upon the Wall Street Journal Prime; such rate is only one of the bases used for accruing irdcnest on loans made by the Lender and that by basing the rate of interest under this Note on the Wall Street Journal Prime, the Lender has not committed to charge; and the Borrower has not in _any way bargained for, interest based on a lower rate or the lowest. rate at which the Lender may now, or in the future, matte loans to other borrowers. The Lender's determination of the Wall Street Journal Prime shall be conclusive absent manifest error. *2. 1 3. Payment. Borrower will pay the balance of the Loan according to the following schedule: eighty-three (83)` consecutive monthly installment payments of principal and interest in the amount of $2, 979.07 each beginning January, 2411, and one final payment on December 2017 in the amount of all principal and accrued interest not yet paid, together with any other unpaid amounts under the Nate, which shall be the final and absolute due date of this Note; provided, however, that if there is a change in the interest rate; the amount of the monthly installments of principal and interest may be adjusted from time to time as determined to be necessary by the Lender in order to assure the repayment of the amounts due hereunder in substantially equal installment payments of principal and interest based upon an agreed upon eighty- four (84)-month amortization. 4. Prepayment. If the Maker prepays the principal amount outstanding under this Vote, in whole or in part, at any time during the fixed interest rate period, then a prepayment pretuium equal to five percent (5%) of the principal amount prepaid shall be paid by Maker to the Holdet together with such prepayment; provided that the prepayment premium percentage shall be reduced by one percentage point (1.04°/x) at each of the first (I") through fifth (5") anniversaries of the date of this Note; and provided further that no prepayment premium will be due on any amount prepaid from intemaliy generated (not borrowed) fiords. Any partial prepayment shall be applied to principal in reverse order of maturity and shall not be taken or construed as a substitution for regularly scheduled payments. 5 Default Interest Rate. If an Event of Default occurs under any of the Loan Documents, and for so long as the Event of Default is continuing, the Lender, in the Lender's sole discretion and without notice or demand, may raise the rate of interest accruing on the unpaid principal balance to a rate per annum equal to the rate of interest otherwise applicable under the Note lpys five percent (511/o), but not more than the maximum rate allowed by law (the "Default Rate" or "Penalty Rate"), independent of whether the Lender elects to accelerate the unpaid principal balance as a result of such Event of Default. Such interest shall continue to accrue despite any legal moratorium on payment or any delay' in payment ordered or permitted by a court assuming jurisdiction. 6. Other terms. Except- as specifically provided in this First Amendment, all otherftm and conditions of the Note thall remain unchanged and iii fitll force and effect. 7. No Novation. This First Amendment shall not constitute a novation and shall not extinguish, terminate or impair the Borrower's obligations under the Note or the obligations of any party under any other load documents. S. Incorporation. The terms and conditions of the Note are incorporated by reference and made a part hereof as if fully set forth herein. In the event of any inconsistencies between this First Amendment and the Note or any other loandocuments, the terms and conditions of the Note and the other loan documents shall control, except to the extent expressly modified in this First Amendment. -2- 9. Binding Agreement. This First Amendment shall be legally binding upon and shall inure to the benefit of the Borrower and the Lender, and their respective successors and permitted assigns. 10. Choice of Lava. This First` Amendment shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the Borrower and the Lender have each caused this First Amendment to be executed as an instrument tinder seal as of the day and year first written above. BORROWER: LIGHTSTYL LTD. k-?Jmt- By. 10 # J R oe L. S gle, resident ATTEST. LENDER: 'ORRSTOWN BANK By (SEAL) -Mindy Assistant Vice President -3# COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF FRANKLIN Bradley Tanguay, being duly sworn according to law, deposes and says that he is Vine President of Or rstown Bank, Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf; that the facts set forth in the foregoing Complaint in Confession of Judgment are true and connect to the best of his knowledge, information and belief. Bradley Tanguay Vice President Sworn to and Subscribed before me this day of n e 012. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christiana R. Timmons, Notary Public Chambersburg Boro, Franldin County My Commission Expires March 3, 2014, Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. / a 395 7 vs. .. LIGHTSTYLES, LTD. ; CERTIFICATION OF NON-CONSUMER CREDIT TRANSACT oo I certify, pursuant to the penalties of 18 Pa.C.S. §4904 (pertaining "fo ?iswo n falsification to authorities), that this judgment is not being entered by confession against a natural person in connection with a "consumer credit transaction" as the same is defined in Pa.R.C.P. 2950. Dilworth Paxson LLP ' By: C444V 4444 Eliza eth J. Goldstein, Esquire Attorney for Plaintiff Sworn to and Subscribed before me Id k- day of Zj? , 2012. Notary P lic ?OMmotmEA TM OF MIT- ?v??°` Notarial Seal public Deborah L. Julian, Nola to county Srsquehanna 1*P•r DauPh 200 2014 MY Commission Eores ion of Notaries Member. Penns"'Var"a Assod 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. ?. 39V? 644 VS. LIGHTSTYLES, LTD. o+ AFFIDAVIT OF BUSINESS OR COMMERCIAL TRANSACT 0 :Z COMMONWEALTH OF PENNSYLVANIA r S S ?.,o COUNTY OF DAUPHIN Elizabeth J. Goldstein, Esquire, being duly sworn according to law, deposes and says that she is attorney for Plaintiff named herein; that as such she is authorized to take this Affidavit on its behalf, that the facts set forth herein are true and correct to the best of her knowledge, information and belief; and that the facts set forth in the foregoing matter involve a business transaction. Dilworth Paxson LLP By: l-/. '42. Elizabeth J. Goldstein, Esquire Attorney for Plaintiff Sworn to and Subscribed before met` day of 92012. Notary P lic COMMONW _V OF PENNSYLVANIA Notarial Wl Public peborah L. 3ulian,DN in county Susquehanna TWP•, OCL 20, 2014 MY commission s ation of Notaries svl?ani Assod Member. Penn 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. - 3y'y` C vs. LIGHTSTYLES, LTD. z AFFIDAVIT cm 1 1*j 2W COMMONWEALTH OF PENNSYLVANIA: _ COUNTY OF DAUPHIN, -r Elizabeth J. Goldstein, Esquire, attorney for Plaintiff, hereby certifies that the above- captioned matter is not an action by a seller, holder or assignee arising out of a retail installment sale, contract, or account. Dilworth Paxson LLP By: El zabeth J. Goldstein Attorney for Plaintiff Sworn to and Subscribed before me this 0 ?- day of , 2012. c,?--? ---- vnN% ?{ OF pENNS!? Notary Pub Ac OOMMONlial selI h L. Julian, Notary pubin 2C0.ou 20 ? manna TwP•? MU 20,2()'14 M on ' 00n of Notaries Member.. pennyylvania Asso?i 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. ?? . 3 9 7 29 vs. ?- LIGHTSTYLES LTD. AFFIDAVIT 4W r COMMONWEALTH OF PENNSYLVANIA: t° SS COUNTY OF DAUPHIN Elizabeth J. Goldstein, Esquire, attorney for Plaintiff, hereby certifies that the above- captioned matter is not an action by a seller, holder or assignee arising out of a retail installment sale, contract, or account. Dilworth Paxson LLP By: e-V?.L Elizabeth J. Goldstein Attorney for Plaintiff Sworn to and Subscribed before me this /U w day of , 2012. Notary Pu is 9366208_1 OF PENNSYLVANIA COMMONWEALTH Notarial seal h L. Julian, Notary Public Debora uehanna 1Wp., Dauphin County Susq CohlmWon res Oct. 20, 2014 niwivania Almclation of Notaries Member. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - LW CIVIL ACTION < /f STOWN BANK NO. 9'17 C?G?-?' ORR VS. LIGHTSTYLES, LTD. ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT PURSUANT TO 42 PA.C.S.A. §2737.1. IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment. (a) (1) Relief from a judgment by confession shall be sought by Petition. Except as provided in Subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single Petition. The Petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred, or in any other county in which the Sheriff has received a Writ of Execution directed to the Sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the Court has stayed execution despite the timely filing of a Petition for relief from the judgment and the presentation of prima facie evidence of a defense; and 2973.3. (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule (3) If written notice is served upon the Petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the Petition shall be filed within thirty days after such service. Unless the Defendant can demonstrate that there were compelling reasons for the delay, a Petition not timely filed shall be denied. (b) If the Petition states prima facie grounds for relief, the Court shall issue a Rule to Show Cause and may grant a stay of proceedings. After being served with a copy of the petition 936620, 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLY IA CIVIL ACTION - LAW ORRSTOWN BANK NO. 3997 vs. LIGHTSTYLES, LTD. -4rp aft --V1 co CERTIFICATION OF ADDRESSES r -< ko I hereby certify that the present address of the within named Judgment Creditor is 77 East King Street, P.O. Box 250, Shippensburg, PA, Franklin County, Pennsylvania 17257. I hereby certify that the last known address of the Judgment Debtor was 1216 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17015. Dilworth Paxson LLP ?y a,& By: Elizab h J. Goldstein, Esquire Attorney for Plaintiff 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ` ORRSTOWN BANK NO. vs. LIGHTSTYLES, LTD. PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that a judgment in the above-captioned matter has been entered against you on 2012. Protho By: fffm? PrZOMT tart' If you have any questions concerning the above, please contact: Elizabeth J. Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO VS. LIGHTSTYLES, LTD. ORDER FOR APPEARANCE Kindly enter my appearance for Plaintiff, Orrstown Bank, and Defendant, Lightstyles, Ltd. 3 C- c z -' w n a ? _ enter jur. gment aiinst Dilworth Paxson LLP By: Eliza eth J. Goldstein, Esquire Attorney for Plaintiff 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. ia399 -? kn vs. _ Cho LIGHTSTYLES, LTD. a? oa? ENTRY OF APPEARANCE CONFESSION -K w ar OF JUDGMENT -< Pursuant to the authority contained in the Promissory Note dated December 15, 1997, a copy of which is attached to the Complaint in Confession of Judgment filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff, Orrstown Bank, and against Defendant, Lightstyles, Ltd. Principal: $174,991.24 Interest as of March 26, 2012: 825.59 Loan Admin Fee 200.00 Legal Fees 2,000.00 Total $177,976.83 Dilworth Paxson LLP 93662081 By: f4 Eliza eth J. Goldstein, Esquire Attorney for Defendant a? a77/ ?3 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYIffAXLA CIVIL ACTION - LAW .• -, c,a-!} ORRSTOWN BANK NO. rte- ` rn ? ?' VS. LIGHTSTYLES, LTD. co < <a = ? COMPLAINT IN CONFESSION OF JUDGMENT ` Plaintiff files this Complaint pursuant to Pennsylvania Rule of Civil Procedure 2951(b) for judgment by confession and avers the following: 1. Plaintiff is Orrstown Bank, a bank authorized to do business under the laws of the Commonwealth of Pennsylvania with an office at 77 East King Street, Shippensburg, Pennsylvania 17257. 2. Defendant is Lightstyles, Ltd., a Pennsylvania Corporation with an address 1216 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant, Lightstyles, Ltd., for good and valuable consideration, made and executed in favor of Plaintiff, Orrstown Bank, a Promissory Note dated December 15, 1997 in the principal amount of $200,000. A true and correct copy of said Promissory Note is attached hereto as Exhibit "A" and made a part hereof. 4. The Promissory Note dated December 15, 1997 was subsequently amended on December 29, 2010 pursuant to an agreement entitled First Amendment to Promissory Note (the note, as amended, is hereinafter referred to as the "Note"). A true and correct copy of said First Amendment to Promissory Note is attached hereto as Exhibit "B" and made a part hereof. 5. Defendant, Lightstyles, Ltd., owes Plaintiff, Orrstown Bank, the following under the terms of said Promissory Note: 93662082 Principal: $174,991.24 Interest as of March 26, 2012: 825.59 Loan Admin Fee 200.00 Legal Fees 2,000.00 Total $177,976.83 6. Said Note is in default for Defendant's failure to pay principal and interest when due and owing and due to the existence of an unsatisfied judgment against Lightstyles for a period in excess of 30 days. 7. Judgment has not previously been entered on said Note in any jurisdiction. 8. There have been no assignments of said Note. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Orrstown Bank, demands judgment against Defendant, Lightstyles, Ltd, in the amount of $177,976.83. Dilworth Paxson, LLP By: IrIfA- #J AWE= E izabeth Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 93662082 Exhibit "A" S 200..000.00 PROM, )RY NOTE' LoanN _ Dated December- ). ,1?Z 'Debtor _ LI9btstyleS - LTD ! of 1261 Claremnnt Road i '1 i s t , PA 17Q13 Dwar FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the person or persons who sign as debtor below (eachjointly and severally liable N more than one person and hereinafter referred to as "Debtor"), promises to pay to the order of ORRSTOW. BANK ("Lender") at any of Lender's branch offices, the Principal sum of Two hmndred thousand and 00/100 - - - -- -_ --- - _ - - - - - - - - Dollars in lawful money of the United States, to be paid as follows: On idtmand. together >w Ith accrued interest then outstanding. Interest;from the date of this Note shall accrue on the unpaid Principal balance tweof at the rate of 1.12X per sannna ovP the and shall be peyable" -. tv as billed. , f Mole, LElI01:RYAtM UPON DIFAW.-N**Mnta any0ft toHie ga +rY Lerdn orelsewherrw IAAura w00fadlfa(Nb rwaybemgt*WlaaWUPrkidpal?nd/otihOMi?tMina*froro**totinie,ifbbi Out Rdefspop* gwdPand;t o*mayeewdpaytowel llol?W,?reERi+?pel,rxlawueainterat R }• it>u9 4 +1? iat an E? ent of Dehu1[ikd luyr ocewred In any ewrat npon the 0=r1 ncr of arty Eretit d W& At, l n&r joy do any arar d ft k1rf 401' 14 acai * ft r wN* of Ss *L- ad &vmd inMOed * praymerd of J sutWtndin{ Principal and ucmuedirdemet DebW eayM b i>Iq ft W at Ore I* pre/ d0* ft N* an au such smms 00L der toi?ii,?idM?.ranauEtt?rlMlalaorwrordrslweoa??tooo+?«,«a?gectMaa,oritnY bola to Ome of t"Aw *:01Mee<: or 0* d than restricts w= of Offipor to>Irll is '{Rees oNsession, atttwer Amh iat-olr may be arikued ON Lender's books and mxords at I%* W& ? If chimed, Debtor agrees tea Sk N* b a »ro" of the Praaataa Note d&W 1&.--^vpa4tpKiafiltU+er«ndeclditron#lhgKRueadwnCpdhrrewlUw b*W in connection W o t p k!*h Adpiry tw sec W*at M be rebInngd* by to Coned ion with Urs Nett till(i01f9ttIDNALLtAY(UTrIfbleanopdison?IlAdwiUautJeltotikfNda(pr?y ethgp6?rr.erolsMArothe? ? eatensionnllYn0.n',datt?4t?wariaddi6apa+cof «tMrefa+s6xrM . 40 EakratdixrtoftbitlbkcloiAy ixlensiQtn of hare: rem,iptMlir#rreddipDora.>zweltlshl6e"retasft; aq!q d oEftC6rs Htd/or sj >tiM ttr raid'rtoffrx m Dbagar and frkhart tide OdiJ aaanderu ar Hader tw thibWom uNty, THE PRDVISIONS ON THE REVERSE SIDE ARE PART OF Debtor has duty execOW his Note the day aid year first above written and has hereunto set RS tpiDiltWAL Dt~B?I)M SIGN BELdUry (CQRPO PW (W P#6" MKk[ST lat6*0 alQAat"fl?atiD IMdtM?ilsaiatsomadPamwiwv* L*ft r CgnuherW We and a+l d itc tidy tmd under any >tatr?Y menl L acUl;f'niarlprp;pveaet,ttristieleafittyo(t?hofe,ors?ar+caaareM,eWrumeMa < reed ie cvnrrction wkh « arishrg out aF ary at lire #i Mies ar of ++MCh moaft shat be . t4l>ot slkrtredre.The +Mt prapeMeot My oghtarai A1Id by"Leda ss seeuri4? 6?r sny o(tha f#epDplA/d?tht14i0rA?soflMde[? llier?fllloye{#arsaLS,sle?[andthellRe, . WWI ion rawrrableebome $IM:Ii>wd?iecvrnd6f LenderddEYdeuie?aad r ?oIVP tad trlnaes JAY F?M to;regexs LOWS /o tOlretiiny bf`tlrtliabr7rheelr Letder trorn My oiber toAadaN ander+wlt 1Aeory o1 marslr,?iref'rl netts irofbertl?a eodr asrdmrirs iwderio +pdy'? . iayeo1ta11t?tnw4ic1it0irdrliaaaytyid;#dltatnlerecta?+krsta+a,'nlthe?lij?statanderin (? nor manger lkpd taller ? deitarrnire to Lip" F*v ,SjdmwftaaetluloDc9mr,ba{inaccrWntfntere>i in addelomlatbeinteresterrnWWfw rbove, ff aey, at a hfmnot @'a,?ad irnr pattilof tNy ya rnnum ontfie unpaidJ'riricipat helmet: p[ovided,. hmwpor, quA1i¢jattrwat4gll><crne herermderin ex= of ft =Amum am untat irdetfast#0 aibvxd by ` taw biNw Weer io pay Both accrued interest upon derrrartd W for only Aid to Die wMM that such errors are of Dim K N" Ian aeref< hereby ittrro6aklr authoraes arrd it]?!erl?trbfitaccuarerrctoianyEvattnt ??1 apMUtDehb.et oyal"ibem IIIbrsuch 044*1 a4 W94JRayautoM*miaatifiMby rqu$p?thls#IQII<Wseywrq?ahy tMLbbrl?es,brcitkercase. i?outstsy,drp?utiogiDd?faprairerMtlt?do+trceed 6fleeR 10 4 wtb pow but not 1* 00 OVA Thousand Dolim Arhlos;,(ll tries i4e arktolmgi?tior rn r+y tea?artate R e 0.* 1r 1fr0ar» fhe Writ bf 1stl, can?est in bett+ aiYiflofE"cdff n; d te6ei tta+t aD rpaeaenBntl sley, exaAiptan W Nrd tdlrlalf arrrctn Bieck OiKe? tf a EieAaNr1 UgdersiralHtaretfaa tbediranrdrrctioa, itshal not ytotAtkrruayiShe aafhof" sodpaerfrto oppear lot And enter d?ytire siseipaeotu?d 3kumtr4ybeexerdsed, tq?rapsgryry" and drsiretiM, a>Mita?f br?sufricierA are f4dpaenhtmihe same orddlafiditnM W alfar pan of rrMA Ana beriLRnlereG oataae llpn nee occ>ISieq br the same ?+st.DebmrfreretmderTs striclriri"rr aparrd open apphcatan soem, Lander is beret ei1lbOFlaad urd erapwoed to again let or any of ftot; suhlad, hmrerer, * O Markom that Bich +'My"bitdaatts4w any arm in Pike oroceedmo, WM tc we in the tatet pmeediro and seal, SIGN au" :{BEAU`. ?- / ' ISEAI:f ?l tom) B am» (04 3tdbert L. S1.a le, Pres. _ 1?4t1, Attest . ? e tCOSRpkJEt? SEAy 'A'?Rlrr,?H"! A41G}f GMN1 TA rt ?I? /flw.a. 1 A?{?\ ? tnM ix? ?+xw?.Rx IFHi?.a ?..: h.t? ....: hsfttpd by U cwdtftbad in r of is oft wvft et Wimeuatdat N this Note b6fs brWy Mw In IM Cag". The borrower agrees to pay to Bank, as :interest, an amount equal to 5% of any greaten, on any payment not received by calendar day after the date the payment a :late charge not as additional payment or $503.00, whicb ever is the Dank ou or before the 15th was due. 9ANrO"MMJ tPA17O(fit.MAW A4M[41?rDiYyeCM?O}'!R'M?4M???P.W?.AOSCe otdsl?6ear .and denueid.lkbmr 1?1'"?fivtt ttMteli 11 irrors, dil?cit'IAd ktyu&?o+?s in tnY i+t Exhibit "B" FMT AIt NDMENT TO PROMISSORY NOTE #1231820101 THIS FIRST AMtNDMENI' TO PROMISSORY NOTE (this "First Amendment") is made as of December, 12910, by and between LIGHTSTYLES, LTD. (the ".Borrower") and ORRSTOWN BANK (the "Bank"). RECITALS Lender made a $20.0;000 line of credit loan (the "Loan") to the Borrower as evidenced by the Borrower's Promissory Note dated December 15, 1997 in the stated principal amount of $200,000.00 (the "Note"). The Note provided for payment on demand with monthly payments of accrued interest at the Lender's Prime Rate plus one half of one percent (0.50%). The Borrower has requested and the Lender has agreed to amend the payment and interest rate terms of the mote as set forth in this First Amendment. AGREEMENTS NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and adequacy of which is hereby 4ckuowledged, the parties hereto, intending to be legally bound, agree: as follows; 1. Om?Aqnftg Balance. Borrower and Lender hereby acknowledge and agree that the outstanding balance under the Note as of the date of this First Amendment is $200,000.00. 2. Interest Ue. The Borrower and the Lender hereby acknowledge, agree and confirm that from the date of this, First Amendment through Dwerber 31, 2015, interest shall accrue on the unpaid principal balance outstanding from time to time, at a per annum &xed rate of interest equal to six and one-half percent (6.50°fa) and, th a#ter,,tmtil all sums, due. under the Note, whether principal, interest, charges, fees or otljer sums are paid in full, interest shall accrue on the unpaid principal, `balance outstanding from time to time at a per annum variable rate of interest equal to the greater of (i) the Wall Street Prune plus a margin of one percent (1.00%), or (ii) five percent (5.00%) per annum. When a variable rate of interest is to apply, the_ rate of interest under this Note shall change automatically, without notice, as and when there has been a change in the Wall Street Journal Prime. The Borrower acknowledges that to the extent interest is to accrue on the outstanding principal balance at a rate based upon the Wall Street Journal Prime; such rate is only one of the bases used for accruing interest on loans made by the Leader and that by basing the rate of interest under this Note on the Wall Street Journal Prime, the Lender has not committed to charge; and the Borrower has not in any way bargained for, interest based on a lower rate or the lowest. rate at which the Lender may now, or in the future, make loans to other borrowers, The Lender's determination of the Wall Street Journal Prime shall be conclusive absent manifest error. 0220,1 3. a ent. Borrower will pay the balance of the Loan according to the following schedule: eighty-three (83)' consecutive monthly installment payments of principal and. interest in the amount of $2, 979.07 each beginning January , 2011, and one final payment on December ' q 2017 in the amount of all principal and accrued interest not yet paid, together with any rather unpaid amounts under the Note, which shall be the final and absolute due date of this Note; provided, however, that if there is a change in the interest rate; the arnount of the monthly installments of principal and interest may be adjusted from time to time as determined to be necessary by the Lender in order to assure the repayment of the amounts due hereunder in subs;mhtially equal installment payments of principal and interest based upon anagreed upon eighty- four (84) month amortization. 4. Prepayment. If the Maker prepays the principal amount outstanding under this Note, in whole or in part, at any time during the fixed interest rate period, then a prepayment premium equal to five percent (5%) of the principal amount prepaid shall be paid by Maker to the Holder together with such prepayment; provided that the prepayment premium percentage shall be reduced by one percentage point (1.00%) at each of the first (Im) through fifth (5'') anniversaries of the date of this Nate, and provided further that no prepayment premium will be due on any amount prepaid from internally generated (not; borrowed) fiords. Any partial prepayment shall be applied to principal in reverse order of maturity =d shall not be taken or construed as a substitution for regularly scheduled payments, 5; Default Interest Rate. If an Event of Default" occurs under any of the Loan Documents, and for so long as the Event of Default is continuing, the Lender, in the Lender's sole discretion and without notice or demand, may raise the rate of interest accruing on the unpaid principal balance to a rate. per annum equal to the rate of interest otherwise applicable under the Note plus five percent (511/o), but not more than the maximum rate allowed by law (the "Default Rate" or "Penalty Rate"), independent of whether the Lender elects to accelerate the unpaid principal balance as a result of such Event of Default. Such interest shall continue to accrue despite any legal moratorium on payment or any delay in payment ordered or permitted by a court assuming jurisdiction. 5. Other erns. Except as specif oaliy provided in this First Amendment, all other terms and conditions of the Note'shall remain unchanged and in full force and effect. 7. No Novation: This First Amendment shall not constitute a novation and shall not extinguish, terminate or impair the Borrower's obligations under the Note or the obligations of any party under any other loan documents. 8, Incorporation. The terms and conditions of the Note are incorporated by reference and made a part hereof as if fully set forth herein.. In the event of any inconsistencies between this First Amendment and the Note or any other loam documents, the terms .and conditions of the Note and the other loan documents shall control, except to the extent expressly modified in this First Amendment. -2- 9. Binding Agreement. This First Amendment shall be legally binding upon and shall inure to the benefit of the Borrower and the Lender, and their respective successors and permitted assigns.. 10. Choice of Law. This First Amendment shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the Borrower and the Lender have each caused this First Amendment to be executed as an instrument under seal as of the day and year first written above. BORROWER: LIGHTSTYL LTD. $y: Roe L. SI gle, resident ATTEST: LENDER: ORRSTOWN BANK By: n t (SEAL] Mindy ssistant Vice President -3- COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF FRANKLIN Bradley Tanguay, being duly sworn according to law, deposes and says that he is Vice President of Orrstown Bank, Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf; that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief. Bradley Tanguay Vice President Sworn to and Subscribed before me this / I'* day of? -e 012. Notary Public COMMONWEALTH OF PENNSYLVAN Notarial Seal Christlana R. Timmons, Notary Public Chambensburg Boro, Franidin County My CommWon Bow March 3, 2014 Member, Pennsvivania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. 1,;t -3957 - vs. LIGHTSTYLES, LTD. CERTIFICATION OF NON-CONSUMER CREDIT TRANSACT co,, I certify, pursuant to the penalties of 18 Pa.C.S. §4904 (pertaining-'[o 19sws n falsification to authorities), that this judgment is not being entered by confession against a natural person in connection with a "consumer credit transaction" as the same is defined in Pa.R.C.P. 2950. Dilworth Paxson LLP By: ' Eliza eth J. Goldstein, Esquire Attorney for Plaintiff Sworn to and Subscribed before me /P V day of ? , 2012. Notary P lic COMMONWEAL ni of FENNS` ,.. - '- Nmrlal Seal paborah L. Julian,?ln CAUntY wsquehanna I"., OCL 20? 2014 MY Commissro???'on of NotarreS Member. Pennsvlvanla Assod 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. ?? • 39CJ vs. -LIGHTSTYLES, LTD. xA -101 AFFIDAVIT OF BUSINESS OR COMMERCIAL TRANSACT car COMMONWEALTH OF PENNSYLVANIA -.4 r-" SS -c COUNTY OF DAUPHIN Elizabeth J. Goldstein, Esquire, being duly sworn according to law, deposes and says that she is attorney for Plaintiff named herein; that as such she is authorized to take this Affidavit on its behalf, that the facts set forth herein are true and correct to the best of her knowledge, information and belief; and that the facts set forth in the foregoing matter involve a business transaction. Dilworth Paxson LLP By: Elizabeth J. Goldstein, Esquire Attorney for Plaintiff Sworn to and Subscribed before me day of , 2012. Notary P lic rial ? NNSYLVpNIA COW- pMbprah L. Julian, Notary Pubk Susquehanna TWP•, Dauphin county OcL 20, 2014 pAy Commission Expi non of Notaries Member. PennsvNania a Assod 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. VS. LIGHTSTYLES, LTD. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DAUPHIN x 3W aQ " -c Elizabeth J. Goldstein, Esquire, attorney for Plaintiff, hereby certifies that the above- captioned matter is not an action by a seller, holder or assignee arising out of a retail installment sale, contract, or account. Dilworth Paxson LLP By: El zabeth J. Goldstein Attorney for Plaintiff Sworn to and Subscribed before me this 21- day of , 2012. to Notary Public Cpv1t410 ?TM OF PENNSYWAN Nota??a15ea1 Public dtOTY peboMh L. NO' N ughl, my w?quehanna T ??u Oct 2p 2014 ComrnlsSW?? atWn d MY Member, Notaties Pennyyi?ania Assod 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ` ORRSTOWN BANK VS. LIGHTSTYLES, LTD. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DAUPHIN NO. --a N s M Elizabeth J. Goldstein, Esquire, attorney for Plaintiff, hereby certifies that the above- captioned matter is not an action by a seller, holder or assignee arising out of a retail installment sale, contract, or account. Dilworth Paxson LLP By: Elizabeth J. Goldstein Attorney for Plaintiff Sworn to and Subscribed before me this /-? w day of ja- , 2012. Notary Pu 0 is Suet! 9366208_1 OF PENNSYLVANIA COMMONWEALTH Notarial Seal h L. Julian, Notary Public Debora ushanna TWP., Dauphin County Commi"M res Oct. 20, 2014 PIMMvenia A95odation or Notaries Member. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. VS. LIGHTSTYLES, LTD. ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT PURSUANT TO 42 PA.C.S.A. §2737.1. IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment. (a) (1) Relief from a judgment by confession shall be sought by Petition. Except as provided in Subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single Petition. The Petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred, or in any other county in which the Sheriff has received a Writ of Execution directed to the Sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the Court has stayed execution despite the timely filing of a Petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the Petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the Petition shall be filed within thirty days after such service. Unless the Defendant can demonstrate that there were compelling reasons for the delay, a Petition not timely filed shall be denied. (b) If the Petition states prima facie grounds for relief, the Court shall issue a Rule to Show Cause and may grant a stay of proceedings. After being served with a copy of the petition 93662081 the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the Petition or Answer; (d) The Petition and the Rule to Show Cause and the Answer shall be served as provided in Rule 440; (e) The Court shall dispose of the Rule on Petition and Answer, and on any testimony, depositions, admissions and other evidence. The Court for cause shown may stay proceedings on the Petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury, the Court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. DILWORTH PAXSON LLP BY: Eliza eth J. Goldstein, Esquire Attorney for Plaintiff 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLY NIA CIVIL ACTION - LAW k ORRSTOWN BANK NO 39 vs. IN) LIGHTSTYLES, LTD.` co CERTIFICATION OF ADDRESSES -c w I hereby certify that the present address of the within named Judgment Creditor is 77 East King Street, P.O. Box 250, Shippensburg, PA, Franklin County, Pennsylvania 17257. I hereby certify that the last known address of the Judgment Debtor was 1216 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17015. Dilworth Paxson LLP ?v a F By: Elizab J. Goldstein, Esquire Attorney for Plaintiff 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~ ORRSTOWN BANK NO. vs. LIGHTSTYLES, LTD. PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that a judgment in the above-captioned matter has been entered against you on 12012. Protho By: Prot 007 If you have any questions concerning the above, please contact: Elizabeth J. Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 93662081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STOWN BANK NO. I ' 3 ORR VS. L ? na LIGHTSTYLES, LTD. ?r? ORDER FOR APPEARANCE _ m Z- Kindly enter my appearance for Plaintiff, Orrstown Bank, and enter ji n nt a5inst Defendant, Lightstyles, Ltd. Dilworth Paxson LLP 41 By: Eliza eth J. Goldstein, Esquire Attorney for Plaintiff 93662081 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. 12-3997 c-j ,., C.- VS. ?j x Z0 ZZ: LIGHTSTYLES, LTD. X n ? c N ? PRAECIPE TO WITHDRAW JUDGMENT = c? TO THE PROTHONOTARY: --i -C cn trr b Kindly mark the judgment in the above-captioned case "withdrawn". -' Respectfully submitted, ELIZABETH J. GOLDSTEIN, P.C. By: 9,1d/ /vw-z- Eliza eth J. Goldstein, Esquire Attorney I.D. #73779 355 North 21" Street, Suite 202 Camp Hill, PA 17011 (717) 724-0266 Attorneys for Plaintiff DATED: June 29, 2012 9523298_1 xR, -5& pd a4" N 35?b V7-1gA Certificate of Service I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania with first-class postage, pre-paid as follows: Lawrence G. Frank, Esq. 212 Locust Street Suite 500 PO Box 9500 Harrisburg, PA 17108-9500 Dilworth Paxson LLP Dated: June 29, 2012 By: /"' _&? - , Eliz eth J. Goldstein Attorney I.D. #73779 355 North 21" Street, Suite 202 Camp Hill, PA 17011 (717) 724-0266 Attorneys for Plaintiff 95232981 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Orrstown Bank vs. Lightstyles LTD SHERIFF'S OFFICE OF CUMBERLAND COUNTY i'p0'l', at ?Aurltjo ?d 01P ,' '1012111- -3 AM 8*. 25 CU1'49ERl.AN0 COU14TY PP144SY1,VA,H1A Case Number 2012-3997 SHERIFF'S RETURN OF SERVICE 06/29/2012 09:15 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 29, 2012 at 0915 hours this Complaint in Confession of Judgment and Pennsylvania Rule of Civil Procedure 236 Notice upon defendant Lightstyles, LTD. is returned not served per request from Attorney Elizabeth J. Goldstein. SHERIFF COST: $28.45 SO ANSWERS, June 29, 2012 RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. /.2,19'1? VS. LIGHTSTYLES, LTD. PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that a judgment in the above-captioned matter has been entered against you on 2 , 2012. . dune By: Protho Deputy Prothonotary If you have any questions concerning the above, please contact: Elizabeth J. Goldstein, Esquire Dilworth Paxson. LLP 112 Market St., Suite 800 Harrisburg, PA ] 7101 (717) 236-4812 93662081