HomeMy WebLinkAbout12-3998c f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
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NO. Ja - 39g? 6?
vs.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
ENTRY OF APPEARANCE CONFESSION
OF JUDGMENT
Pursuant to the authority contained in the Guarantee 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,
Robert L. Slagle and Susan DeRemer Slagle, jointly and severally,
t"?
Principal: 1,637,304.98
Interest as of March 26, 2012: 7,170.70
Loan Admin Fee 400.00
Legal Fees 4,000.00
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Total 1,649,835.68
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C.D. --4M
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Dilworth Paxson LLP
93666542
By: YA. ay? I
Eli beth Goldstein, Esquire
Attorney for Defendant
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46 4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO.
vs. -*?
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE r^
W-n
COMPLAINT IN CONFESSION OF JUDGMENT _ -
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Plaintiff files this Complaint pursuant to Pennsylvania Rule of Civil Procedur 95).
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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, Shippensburg, Pennsylvania
17257.
2. Defendants are Robert L. Slagle and Susan DeRemer Slagle ("Mr. & Mrs
Slagle") individuals with a last known to reside at 8 Foxfield Court, Mechanicsburg, Cumberland
County, Pennsylvania.
3. Defendants, Mr. and Mrs. Slagle, for good and valuable consideration, made and
executed in favor of Plaintiff, Orrstown Bank, a Commercial Guaranty (the "Commercial
Guaranty") dated December 29, 2010 whereby Mr. and Mrs. Slagle unconditionally became
guarantors to Orrstown Bank, jointly and severally, for what was due and owing, or which
thereafter might become due and owing to Plaintiff, Orrstown Bank, by Lightstyles, Ltd. A true
and correct copy of said Commercial Guaranty is attached hereto as Exhibit "A" and made a part
hereof.
4. 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
93666543
T s
amount of $200,000. A true and correct copy of said Promissory Note is attached hereto as
Exhibit "B" and made a part hereof.
5. 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 "1997 Note"). A true and correct copy of said
the Change in Terms Agreement is attached hereto as Exhibit "C" and made a part hereof.
6. Lightstyles, Ltd. owes Plaintiff Orrstown Bank, the following under the terms of
the 1997 Note:
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
7. Lightstyles, Ltd., for good and valuable consideration, made and executed in
favor of Plaintiff, Orrstown Bank, a Promissory Note dated March 2, 2011 (the "2011 Note") in
the principal amount of $1,500,000. A true and correct copy of the 2011 Note is attached hereto
as Exhibit "D" and made a part hereof.
8. Lightstyles, Ltd., owes Plaintiff, Orrstown Bank, the following under the terms of
said the 2011 Note:
Principal: $1,462,313.74
Interest as of March 26, 2012: 6,345.11
Loan Admin Fee 200.00
Legal Fees 2,000.00
Total $1,471,858.85
2
93666543
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9. Defendants, Mr. and Mrs. Slagle, jointly and severally owes Plaintiff, Orrstown
Bank, the following under the terms of the Commercial Guaranty:
Principal: $1,637,304.98
Interest as of March 26, 2012: 7170.70
Loan Admin Fee 400.00
Legal Fees 4,000.00
Total $1,648,875.68
10. Said guaranty is in default for Defendants' failure to pay principal and interest
when due and owing and the amounts set forth above are due. In addition, by virtue of, among
other things, the failure to satisfy judgments against Defendants despite notice and an
opportunity to cure, the guaranty is in default. To date, the judgment remains unpaid. In
addition, the guaranty is in default as obligations of Marvin to Plaintiff for indebtedness have
become due or been declared due and have not been paid.
11. Judgment has not previously been entered on the Commercial Guaranty in any
jurisdiction.
12. There have been no assignments of said guaranty.
13. 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 Defendants, Robert
L. Slagle and Susan Deremer Slagle, jointly and severally, in the amount of $1,649,835.68.
93666543
Dilworth Paxson, LLP
By: fAA
Eliza eth Goldstein, Esquire
Martin J. Weis, Esquire
Dilworth Paxson LLP
112 Market St., Suite 800
Harrisburg, PA 17101
(717) 236-4812
3
Exhibit "A"
7 t
GUARANTY AND SURETYSHIP AGREEMENT
THIS GUARANTY AND SURETYSHIP AGREEMENT is made as of DecembervA
2010 by ROBERT L. SLAGLE and SUSAN DEREMER SLAGLE, husband and wife (each, a
Guarantor and collectively the "Guarantor"), in favor of ORRSTOWN BANK (the "Lender").
RECITALS
All capitalized terms not otherwise defined herein shall have the meanings attributed
thereto in the Loan Agreement of even date herewith by and between the hereinafter defined
Burrower and the Lender (the "Loan Agreement").
The Lender has made a $200,000 Loan (the " 1997 Loan") to LIGHTSTYLES, LTD. (the
"Borrower"), as evidenced by the Borrower's Promissory Note dated December 15, 1997, as
amended and supplemented by that certain First Amendment to Promissory Note of even date
herewith by and between the Borrower and the Lender (together, the "1997 Note." as the saute
may be further Supplemented).
The Lender has made a second $200,000 loan (the 2009 Loan") to the Borrower, as
evidenced by the Borrower's Promissory Note dated July 29, 2009, as amended and
supplemented by a Change in Terms Agreement dated September 29, 2009, by and between
Borrower and Lender, as further amended and supplemented by a Second Change in Terms
Agreement of even date herewith, by and between Borrower and Lender (together, the "2009
Note," as the saute may be further Supplemented).
The Lender has made, or has agreed to make, pursuant to the terms and conditions set
forth in Section 3.3 of the Loan Agreement, a $1,500,000 commercial mortgage loan (the "2010
Mortgage Loan").
As referred to herein, each of the 1997 Loan, the 2009 Loan and the 2010 Mortgage Loan
is a "Loan" and, collectively, the "Loans",
The Guarantor is a shareholder of the Borrower.
As an inducement to the Lender to restructure the repayment of the 1997 Loan and the
2009 Doan as provided in the First Amendment to Promissory Note and Second Change in
`berms Agreement, respectively; and to make the 2010 Mortgage Loan to the Borrower, the
Guarantor has offered to execute and deliver this Agreement to the Lender.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by the Guarantor,
and intending to be legally bound hereby, the guarantor hereby agrees as follows:
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SECTION 1. Guaranty. The Guarantor hereby irrevocably and unconditionally
guarantees to the Lender and agrees to act as surety to the Lender for (a) the full and prompt
payment when due, whether by acceleration or otherwise, and at all times thereafter of the Loans,
(b) the full and prompt performance of all of the obligations of the Borrower under the Loan
Documents, and (c) the full and prompt payment and performance of any other indebtedness or
liability of the Borrower to the Lender, whether direct or indirect, joint or several, absolute or
contingent, contemplated or uncontemplated, now existing or hereafter arising (collectively, the
"Liabilities"), whether accruing before or after any bankruptcy or insolvency case or proceeding
involving the Borrower, any other guarantor, or any other Person, and, if interest on any portion
of such obligations ceases to accrue by operation of law by reason of the commencement of such
case or proceeding, including such interest as would have accrued on any such portion of such
obligations if such case or proceeding had not commenced, and further agree to pay all expenses
(including reasonable attorneys' fees and legal expenses) paid or incurred by the Lender in
endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Agreement.
In any action or proceeding involving any state corporate law, or an), state or Federal
bankruptcy, insolvency, reorganization or any other law affecting the rights of creditors
generally, if the obligations of the Guarantor under this Agreern=t would otherwise be held or
determined by a final and non-appealable order of a court of competent jurisdiction to be void,
invalid or unenforceable, or subordinated to the claims of any other creditors. on account of the
amount of its liability tinder this Agreement, then, notwithstanding any other provision hereof to
the contrary, the amount of the Guarantor's liability only, without any further action by such
Guarantor or any other Person, shall be automatically limited and reduced to the highest amount
which is valid and enforceable as determined in such action or proceeding pursuant to such final
and non-appealable order.
Guarantor agrees that, in the event of the dissolution, bankruptcy or insolvency of
Borrower or any other guarantor or the inability or failure of Borrower or any other guarantor to
pay its debts as they become due, or an assignment by Borrower or any other guarantor under
any bankruptcy, insolvency or similar laws, and if such event shall occur at a time when any of
the Liabilities may not then be due and payable, the Guarantor will pay to the Lender forthwith
the full amount which would be payable hereunder by the Guarantor as if all liabilities were then
due and payable,
This Agreement shall constitute an absolute and unconditional guaranty of payment and
performance (and not of collection) and the absolute and unconditional undertaking by the
Guarantor with respect to the payment and performance of the Liabilities. This Agreement shall
remain in full force and effect (notwithstanding, without limitation, the dissolution of the
Guarantor). The liability of the Guarantor hereunder shall be direct and may be enforced without
the Lender being required to resort to any other right, remedy or security.
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I
The Lender may, from time to time at its discretion and without notice to the Guarantor,
take any or all of the following actions (a) retain or obtain a lien upon or a security interest in any
property to secure any of the Liabilities or any obligation hereunder, by the grant thereof from.
the Borrower or any guarantor, or other owner thereof; (b) retain or obtain the primary or
secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any
of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than
the original period), alter or exchange any of the Liabilities, or release or compromise any
obligation of the Guarantor hereunder or any obligation of any nature of any other obligor with
respect to any of the Liabilities, (d) release or fail to perfect or maintain perfection of its lien
upon or security interest in, or impair, surrender, release or permit any substitution or exchange
for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or
extend or renew for one or more periods (regardless of whether longer than the original period)
or release, compromise, alter or exchange any obligations of any nature of any obligor with
respect to any such property; and (e) upon an Event of Default (hereinafter defined) resort to
Guarantor for payment of any of the Liabilities, regardless of whether the Lender shall have
resorted to any other Person or any property securing any of the Liabilities or any obligation.
hereunder or shall have proceeded against any other obligor primarily or secondarily obligated
with respect to any of the Liabilities (all of the actions referred to in this paragraph being hereby
expressly waived by Guarantor).
SECTION IL Guarantor's Obligation Unconditional. Guarantor's obligations hereunder
are independent in respect of any other Person, and the Lender may enforce any of its rights
hereunder independently of any other right or remedy that it may at any time hold with respect to
the Liabilities or any security or other guaranty therefor; provided that no double recovery of the
same amount shall be permitted, Such obligations shall be absolute and unconditional, shall not
be subject to any counterclaim, set off, deduction, diminution, abatement, recoupment,
suspension, deferm? Cnt, reduction or defense (other than full and strict compliance by the
Guarantor with its obligations hereunder), whether based upon any claim that the Borrower or
any guarantor, or any other Person may have against the Lender or any other Person or
otherwise, and shall remain in full force and effect without regard to, and shall not be released,
discharged or in anyway affected by, any circumstance or condition whatsoever (whether or not
the Guarantor or any other Person shall have any knowledge or notice thereof) including, without
limitation:
A. any amendment, modification, addition, deletion, supplement or renewal to or of
or other change in the Liabilities or any Loan Document or any of the agreements
referred to in any thereof, or any other instrument or agreement applicable to any
Loan Document or any of the parties to such agreements, or to the Collateral, or
any assignment, mortgage or transfer thereof or of any interest therein, or any
f nnishing or acceptance of additional security for, guaranty of or right of offset
with respect to, any of the Liabilities; or the failure of any security or the failure
of the Lender to perfect or insure any interest in any collateral;
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B. any failure, omission or delay on the part of the Borrower or any guarantor to
conform or comply with any term of any instrument or agreement referred to in
clause A above;
C. any waiver, consent, extension, indulgence, compromise, release or other action
or inaction under or in respect of any instrument, agreement, guaranty, right of
offset or security referred to in clause A above or any obligation or liability of
the Borrower or any guarantor, or the Lender, or any exercise or non-exercise by
the Lender of any right, remedy, power or privilege under or in respect of any
such instrument, agreement, guaranty, right of offset or security or any such
obligation or liability;
D. any bankruptcy, insolvency, reorganization, arrangement, readjustment,
composition, liquidation or similar proceeding with respect to the Borrower or
any guarantor, the Lender or any other Person or any of their respective properties
or creditors, or any action taken by any trustee, receiver or court in any such
proceeding;
E. any limitation on the liability or obligations of any Person under' any Loan
Document, the Liabilities, any collateral security for the Liabilities, any other
guaranty of the Liabilities or any discharge, termination, cancellation, frustration,.
irregularity, invalidity or unenforceability, in whole or in part, of any of the
foregoing or any other agreement; instrument, guaranty or security referred to in
clause A above or any term of any thereof;
P. any defect in the title, compliance with specifications, conditions, design,
operation or fitness for use of, or any damage to or loss or destruction of, or any
interruption or cessation in the use of any Collateral by the Borrower, Guarantor
or any other Person for any reason whatsoever (including, without limitation, any
governmental prohibition or restriction, condemnation., requisition, seizure or any
other act on the part of any governmental or military authority, or any act of God
or of the public enemy) regardless of the duration thereof (even though such
duration would otherwise constitute a frustration of a lease), whether or not
resulting from accident and whether or not without fault on the part of Guarantor
or any other Person;
G. any merger or consolidation of Borrower into or with any other Person or any
sale, lease or transfer of any of the assets of Borrower or any guarantor to any
other Person;
H. any change in the ownership of any of the shares of capital stock of the Borrower
or any structural change in the Borrower;
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l; any loan to° or ,other transaction between the Lender and Borrower or any
guarantor; or
i; any other occurrence or circumstance whatsoever, whether similar or dissimilar to
the foregoing, and any other circumstance that might otherwise constitute a legal
or equitable defense or discharge of the liabilities of a guarantor or surety or that
might otherwise limit recourse against the Guarantor.
The obligations of the Guarantor set forth herein constitute the full recourse obligations
of the Guarantor enforceable against it to the full extent of all of its assets and properties,
notwithstanding any provision of the Loan Documents or any other document or agreement to
the contrary.
Guarantor waives any and all notice of the creation, renewal, extension or accrual of any
of the Liabilities and notice of or proof of reliance by the Lender upon this Agreement or
acceptance of this Agreement, and the Liabilities shall conclusively be deemed to have been
created, contracted or incurred in reliance upon this Agreement. Guarantor unconditionally
waives; to the extent permitted by law: (a) acceptance of this Agreement and proof of reliance by
the Lender hereon; (b) notice of any of the matters referred to in cla e through J above, or
any right to consent or assent to any thereof, (c) all notices that may be required by statute, rule
of law or otherwise, now or hereafter in effect, to preserve intact any rights against Guarantor,
including, without limitation, any demand, presentment, protest, proof or notice of nonpayment
under any Loan Document and notice of default or any failure on the part of the Borrower or any
guarantor to perform and comply with any covenant, agreement, term or condition of any Loan
Document; (d) any right to enforcement, assertion or exercise against the Borrower of any right,
power, privilege or remedy conferred in any Loan Document or otherwise; (e) any requirement
of diligence on the part of any Person; (f) any requirement of the Lender to take any action
whamever, to exhaust any remedies or to mitigate the damages resulting from a default by any
Person under any Loan Document; (g) any notice of any sale, transfer or other disposition by any
p son of any right under, title to or interest in any Loan Document, or any Collateral; and (h)
any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge„
release or defense of a guarantor or surety, or that might otherwise limit recourse against such
Guarantor.
Guarantor agrees that this Agreement shall be automatically reinstated if and to the extent
that for any reason any payment by or on behalf of itself or the Borrower or any guarantor, is
rescinded or must be otherwise restored by the Lender whether as a result of any proceedings in
bankruptcy or reorganization.
Guarantor further agrees that, without limiting the generality of this Agreement, if an
Event of Default shall have occurred and be continuing and the Lender is prevented by
applicable law, from exercising its remedies under the Loan Documents, the Lender shall be
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entitled to receive hereunder from Guarantor, upon demand therefor, the sums which would have
otherwise been due front the Borrower had such remedies been exercised.
SECTION III. Waiver of Subrogation. Guarantor hereby irrevocably waives any clairn or
other rights, which it may now or hereafter acquire against the Borrower or any guarantor by
virtue ofany payments made by Guarantor hereunder.
SECTION IV. Reasonableness and Effect of Waivers. Guarantor warrantsand agrees
that each of the waivers set forth in the Agreement is made with 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 of such waivers are determined to be contrary to any
applicable lave or public policy, such waivers shall be effective only to the maximum extent
permitted by law.
SECTION V. uresenia.tions and Warrantee of C.ruarantor. As of the date hereof;
Guarantor makes the representations and warranties set forth in this Section V to the sender.
A. Sui Juri's. The Guarantor is sui juris.
B. Authorization: No Conflict. The execution, delivery and perfOrtnance by
Guarantor of the Loan Documents to which he is or is to be a party, and the consummation of
the transactions contemplated thereby, do not and will not cause or constitute a violation of any
provision of law or regulation or result in the creation of any lien, charge or encumbrance upon
any of the properties, revenues, or assets of the Guarantor pursuant to, any indenture or other
agreement or instrument to which the Guarantor is a party or by which the Guarantor or
Guarantor's property may be bound or affected; no authorization, consent, approval (including
any exchange control approval), license or other action by, and no notice to or filing or
registration with, any governmental authority, agency or regulatory body or any other third party
is required for the due execution, delivery and performance by Guarantor of the Loan
Documents. '
G, Enforce }bility, etc. Each Loan Document to which the Guarantor is or is to be a
party constitutes its legal, valid and binding obligation, enforceable against Guarantor in
accordance with the terms thereof, except as such enforceability may be limited by applicable
bankruptcy, insolvency and similar laws affecting creditors' rights generally and by general
equitable principles.
D: Litigation. There is no action, proceeding or investigation pending of threatened
to which Guarantor is or is to be a party in which Guarantor is challenging or intends to
challenge the validity of the Loan Documents or any action taken or to be taken pursuant to the
Loan Documents, and there is no action, proceeding or investigation pending or threatened to
which Guarantor' is or, is to be a party which, if adversely determined, would have a material
adverse effect on (i) the financial condition, operations or business, prospects or property of
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Guarantor taken as a whole, (ii) the ability of Guarantor to perform Guarantors obligations
hereunder or under any other Loan Document to which Guarantor is a party or (iii) the ability of
the Lender to enforce this Agreement or any Loan Document.
E. Taxes. Guarantor has filed. or caused to be filed all United States Federal and all
ottte?rmaterial tax returns that are required to be filed by Guarantor, and has paid or caused to be
paid all taxes shown to be due and payable on such returns or on any assessment received by
Guarantor to the extent that such taxes have become due and payable except to the extent that
taxes due, but unpaid, are being contested in good faith by Guarantor by appropriate action or
proceeding and, to the extent (if any) that such taxes are not due and payable, Guarantor has
established or caused to be established reserves that are adequate for the payment thereof ill
accordance with generally accepted accounting principles:,
F, Investment Company Act. Guarantor is not an "investment company" or a
company "controlled" by an "investment company", within the meaning of the Investment
Company Act of 1940, as amended.
Cr. Public Utility Holding Company. Guarantor is not subject to regulation as a
"holding company," an "affiliate" of a "holding company," or a "subsidiary company" or a
"holding company", within the meaning of the Public Utility Holding Company Act of 1935, as
amended.
H. Solvency. The consummation by Guarantor' of the transactions contemplated by
the Loan Documents to which Guarantor is, or is to be, a party does not and will not render
Guarantor insolvent, nor have the transactions contemplated by the Loan Documents to which
Guarantor is, or is to be, a party been entered into by the Guarantor in contemplation of
Guarantor's insolvency; the value of Guarantor's assets and properties at fair valuation and at
their then present fair salable value is and, after such transactions, -Mll be greater than
Guarantor's total liabilities, including contingent liabilities, as they become due; the property
remaining in Guarantor's hands was not and will not be an unreasonably small amount of capital.
SECTION VI. 1?Yent of Default. The occurrence of any of the following events
shall constitute events of default ("Events of Default") under this Agreement and shall entitle the
Lender to exercise all rights and remedies provided by applicable laws or otherwise set forth in
this Agreement:
A.. The occurrence of an Event of Default as defined in any other Loan Document,
subject to the giving of such notice and the expiration of such cure period, if any, as may be
required therein.
B. An Act of Bankruptcy (hereinafter defined) shall occur with respect to Guarantor;
provided, however, if a proceeding with respect to an Act of Bankruptcy is filed or commenced
against Guarantor, the same shall not constitute an Event of Default if such proceeding is
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dismissed within ninety (90) day's from the date of such Act of Bankrupted=. The term "Act of
Bankruptcy," as used herein, shall mean the filing of a petition in bankruptcy under the United
States Bankruptcy Code, I 1 U.S.C. § 101 et, seg., and all future acts supplemental thereto or
amendatory thereof, or the commencement of a proceeding under any other applicable law
concerning insolvency, reorganization or bankruptcy, by or against the Guarantor.
C. A representation or warranty made by Guarantor herein, in any of the other Loan
Documents to which Guarantor is a party, if any, or in any certificate, report or opinion
(including legal opinions), financial statements or other instrument furnished by or on behalf of
Guarantor in connection with this Agreement or the other Loan Documents, is proven to have
been incorrect, false or misleading in any material respect.
D. Any obligation of Guarantor, whether as principal, Guarantor, surety or other
obligor, for the payment of any indebtedness or operating leases, (i) shall become or shall be
declared due and payable prior to the expressed maturity thereof, or (ii) shall not be paid when
due or within any grace period for the payment thereof, or (iii) any holder of any such obligation
shall have the right to declare such obligation due and payable prior to the expressed maturity
thereof,
E. The occurrence of a default under any other indebtedness awed by Guarantor or
any affiliate of Guarantor to the Lender, whether now existing or hereafter created, whether
secured or unsecured, subject to the giving of such notice and the expiration of such cure period,
if any, as may be required thereunder.
SECTION VII. Confession of Judgment. GUARANTOR DOES HEREBY EMPOWER
ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STAVES UPON
THE OCCURRENCE OF AN EVENT OF DEFAULT TO APPEAR FOR THE GUARANTOR
AND, WITH OR WITHOUT DECLARATION FILED, CONFESS JUDGMENT AGAINST
THE GUARANTOR AND IN FAVOR OF THE LENDER, ITS SUCCESSORS AND
ASSIGNS, FOR SUCH SUMS AS SHALL HAVE BECOME DUE UNDER THIS
AGREEMENT, BY ACCELERATION OR OTHERWISE, WITH COSTS OF SUIT AND AN
ATTORNEYS' COMMISSION FOR COLLECTION, AND FORTHWITH ISSUE A WRIT OR
WRITS OF EXECUTION THEREON, WITH RELEASE OF ALL ERRORS, AND WITHOUT
STAY OF EXECUTION, AND INQUISITION AND EXTENSION UPON AND LEVY ON
REAL ESTATE ARE HEREBY EXPRESSLY WAIVED, AND CONDEMNATION AGREED
TO, AND EXEMPTION OF ANY AND ALL LAND FROM LEVY OR SALE BY VIRTUE
OF ANY EXEMPTION NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED IS
ALSO EXPRESSLY WAIVED BY THE GUARANTOR. IF A COPY OF THIS
AGREEMENT, VERIFIED BY AFFIDAVIT OF THE LENDER; OR SOMEONE ON THE
LENDER'S BEHALF, SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT BE
NECESSARY TO FILE THE ORIGINAL OF THIS AGREEMENT AS A WARRANT OF
ATTORNEY`, THE ENTRY OF JUDGMENT UNDER THE FOREGOING WARRANT
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SHALL NOT EXHAUST THE WARRANT, BUT SUCCESSIVE JUDGMENT$ MAY BE
ENTERED THEREUNDER FROM TIME TO TIME AS OFTEN AS AN EVENT OF
DEFAULT OCCURS. THE LENDER MAY FORTHWITH ISSUE A WRIT OR WRITS OF
EXECUTION FOR THE AMOUNT OF ANY JUDGMENT AND COSTS WITHOUT LEAVE
OF COURT. GUARANTOR ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY
LEGAL COUNSEL IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THIS
AGREEMENT. GUARANTOR HEREBY FREELY, KNOWINGLY AND VOLUNTARILY
WAIVES ITS RIGHT TO NOTICE AND HEARING WITH RESPECT TO THIS
CONFESSION OF JUDGMENT PROVISION.
SECTION VIII, Transfer by the Lender. The Lender may, from time to time, whether
before or after any discontinuance of this Agreement, at its sole discretion and without notice to
or consent of the Guarantor, assign or transfer any or all of the Liabilities or any interest therein;
and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer
thereof, such Liabilities shall be and remain Liabilities for the purposes of this Agreement, and
each and every immediate and successive assignee or transferee of any of the Liabilities or of
any interest therein shall, to the extent of such assignee's or transferee's interest in the
Liabilities, be entitled to the benefits of this Agreement to the same extent as if such <assignee or
transferee were the Lender.
SECTION IX. No Waiver by the Lender. No delay in the exercise of any right or
remedy shall operate as a waiver thereof, and no single or partial exercise of any other right or
remedy shall preclude other or further exercise thereof or the exercise of any other right or
remedy; nor shall any modification or waiver of any of the provisions of this Agreement be
binding upon the Lender except as expressly set forth in a writing duly signed and delivered on
its behalf. No action permitted hereunder shall in any way affect or impair the Lender's rights or
guarantor's obligations under this Agreement. For the purposes of the Agreement, Liabilities
shall include all of the obligations described in the definition thereof, notwithstanding any right
or power of Guarantor or anyone else to assert any claim or defense as to the invalidity Or
enforceability of any such obligation, and no such claim or defense shall affect or impair the
obligations of Guarantor hereunder. Guarantor's obligations under this Agreement shall be
absolute and unconditional irrespective of any circumstance, whatsoever which might constitute
a legal or equitable discharge or defense of such Guarantor. Guarantor hereby acknowledges
that there are no conditions to the effectiveness of this Agreement.
SECTION X. Heirs and Assigns. All obligations under this Agreement shall be
binding upon Guarantor and upon Guarantor's heirs and assigns; provided, however, that this
provision should not constitute any right of Guarantor to assign Guarantor's rights or obligations
under this Agreement or the other Loan Documents. All references herein to Guarantor shall be
deemed to include any successor or successors, whether immediate or remote, to such Person.
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SECTION XI. Seyerability, Wherever possible, each provision of this Agreement-shall
be interpreted in such manner as to be effective and valid under applicable law, but if any
provision of the Agreement shall be prohibited by or invalid thereunder, such provision shall be
ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder
of such provision or the remaining provisions of this Agreement.
SECTION XII. Submission to Jurisdiction. Each party hereto may bring suit to enforce
any claim arising from or relating to this Agreement or any other Loan Document in any
appropriate court in Cumberland County, Pennsylvania at the discretion of the Lender and with
respect to any such claim, Guarantor hereby irrevocably: (a) submits to the jurisdiction of such
courts; and (b) consents to the service of process out of said courts by mailing a copy thereof, by
registered mail, postage prepaid, to the Guarantor at its address specified in Schedule I attached
hereto and incorporated herein by reference, and agrees that such service, to the fullest extent
permitted by law: (i) shall be deemed in every respect effective service of process upon it in any
such suit, action or proceeding; and (ii) shall be taken and held to be valid personal service upon
and personal delivery to it. Guarantor irrevocably waives, to the fullest extent permitted by law:
(A) any claim, or any objection, that it now or hereafter may have. that venue is not proper with
respect to any such suit, action or proceeding brought in such a court including, without
limitation, any claim that any such suit, action or proceeding brought in such court has been
brought in an inconvenient forum; and (B) any claim that Guarantor is not subject to personal
jurisdiction or service of process in such forum. Nothing herein contained shall preclude the
bender from bringing an action or proceeding in respect hereof in any other state or Federal court
within the United States having subject matter jurisdiction with respect to such action and
personal jurisdiction over the parties to such action. Guarantor agrees that a final judgment in
any action or proceeding in a state or Federal court within the United States may be enforced in
any other jurisdiction by suit on the judgment or in any manner provided by law.
SECTION XIII. Jury Trial.. GUARANTOR WAIVES ANY RIGHT TO A
TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND
ANY RIGHTS UNDER THIS AGREEMENT OR ANY RELATED DOCUMENT OR
UNDER ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT
DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION
HEREWITH OR THEREWITH OR ARISING FROM ANY RELATIONSHIP
EXISTING IN CONNECTION WITH THIS AGREEMENT OR ANY RELATED
DOCUMENT AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL
BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.
SECTION XIV. Notices. All notices; demands, requests, consents, approvals, and
other instruments hereunder shall be in writing and shall be deemed to have been properly given
if given in the manner provided in Loan Agreement to the address specified in Schedule I hereto.
-10-
SECTION XV. GOVERNING LAW. THIS AGREEMENT AND THE RIGHTS
A.NDOBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE
GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH,
THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOU'T' REGARD TO
PRINCIPLES OF CONFLICT OF LAWS.
SECTION XVI. JOINT AND SEVERAL. The Liabilities are the joint and several
obligations of Guarantor and each otber guarantor of the Loans.
IN WITNESS WHEREOF, the Guarantor has caused this Agreement to be executed and
delivered as of the date first above written.
WI ESS: `
.
4-11
(SEAL)
lagle
dertL. ` (SEAL)
Susan DeRemer Slagle
SCHEDULE I
ADDRESSES
9-mrarxmor
Robert L. Slagle
Susan DeRemer Slagle
8 Foxfield Court
Mechanicsburg, FA 1705:0
Exhibit "B"
$ 200, PROM MY NOTF_ Lan _ Dated December 1_5.
Debtor Li¢htatyl.es. LTD of 1261 C'lar mnn Road Carlisle. PA ZO13
Data of
FOR VALUE RECEIVED AND lM1'EIfIDING TO BE LEGALLY BOUND HEREBIt; the person.orpersoM whosign as debtor below, (each jointly and severany lia bt 1
more than one person and hereinafter referred to as "Debtor"), promises #o pay to the order of ORRSTOWN BANK
("Lender")
at any of Lender's branch offices,
the Principal sum of TWo hundred th+Ashud and_ 00/100 - - - - - - - - - - - - - Dollars
in lawful money of the United States, to be paid asfollok Oa demand, together with accrued interest thou outstanding.
Interest ftgt,ft.dekof #tds Note shall accrue on the unpaid Principal belanM hereof at the rate of 1 f 27 per an*im nboxg t h,.
and shalt be Maw M'MY as i dw. ,
l?-urd tlu(, ?dt+asr ewf+ddWorW.tuddC+re ?nggtf lam,
t4s NoMr pr ?d+r86g tt?sfpblrt?debe tfUwderw+s?wn+P?YUra?e?sxu'?r
udpeaiin oorraec6oo w&h the Pria yroiddsarYlk? tbet aeclarRy trderestslWA be retiaed by [mdiu in
camecfiw wM ttia N*.
t??IbarWhJN,ulr;t?pr's+i?ra?ltlre++rpoadltiorytl wMwtstsoi§eygi?pr
aba,MA1?i?>???i?iortViceae ed
u?hkh4?}6
+pd+ih lffie?gtx"t ul t[tWeRtsldiitcttlTetsk
wart of?a
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hererfrrder or rimer the U 0AW
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to 000088 M'dirmeanr?CeioOef?Orr}? tq?r?; soft Iowa wwororidedi"
i?4?#?,>? rt?lsadttce><oN?foiuydNlijpererwrpneKffierep+id]`1A?ItL??aaKixaided..
,M?r?;f9rf ?4sMAxuaeEMgrmdicaimrcesidihe m rrmanMeflnlerksiUinf ifbwedby ,.
low, Debtor epeerto M wth Woroed Wrutupw denand.
THE PROVISIONS ON THE REVERSE-SIDE ARE PART OFT TE.
Debtor- has d*exwuted this Note the day and year first above wri{ten and has hereunto set is ha d'and seal.
{ulWoug oomp stcti t?aot,I (C WRA110N aR P tP DEB so,
(SEAQ _ WU
No" Oct
me - I s ale
Robert L. Sla de, Pres.
t l° 4440 rME SEND
NOW
I'??f.?Vrf kr!'1 A???A ??T?1119n /f1".:r tnagF? _ ff?e?.?r+tan e.wr.???•a?Y^r.nw- ...
? It dwCked, 0e6(a+p m that 111ft Neia 4 + r6FWM of V* Frominoty Mote dAed
es rosy j0duchng
e bW U;Wnt due
0 this We bam
lies as ft MM
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:-+?ks..xli? 9+Af?i ?iolh?; o!"We'll?rtl wd
iA sroeeetw ift VW'm>kgtt'i "Ooiider, +k the too
LATI W- The horrolwer agrees to pay to Sauk, as a late charge not as additional
interest, on amount equal to 5% of any paywent or $50.00, which ever is
grestex, on any payment not received by the Bank oU or before the 15th
calendar day after the date the payment was due.
t,ror?? as ?TOar?. r
Exhibit "C"
F WT Al gNDMENT TO PROMISSORY NOTE
#1231820101
THIS FIRST AMENDMENT TO PROMISSORY NOTE (this "First Amendment'')
is made as of December 2014, by and between LIOHTSTYLES, LTD. (tbe "Borrower") and
ORRSTOWN BANK (the "Bank-).
RECITALS
Lender made a $2400;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 de Land with monthly payments' of accrued
me St 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, THEP-EFORE, in consideration of the premises and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto;
intending to be legally bound, agree as follows:
OgMding.halance. 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. I t Vie. The Borrower and the Lender hereby a0mowledge, agree and
conf?n 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 fixed rate of
interest equal to six and onerh&,percent (6.50%) and, thereafter, until all sums 4ue under the Nate,
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?rime pus a margin of one percent (1,0001), or (ii) five percent
(5.00%) per annum. Wf en, 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 Lender and that by basing the rate
of interest under this Note on the 'Null 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.
0;l
3. Payment. Borrower will pay the balance of the toan 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 other 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 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 ($4) 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 (50l) of the principal amount prepaid shall be paid- by Maker to the
Holder together with such prepayment; provided that the preparent premium percentage shall be
reduced by one percentage point (1.00%) at each of the first (1 ) throw fifth (5") anniversaries of
the date of this Note; and provided further that no prepayment premium will be due on any amount
prepaid from infernally gentrated (not borrowed) funds. Any partial prepayment shall be applied to
principal in reverse order of maturity and shall not be taken or coed as a substitution for
regularly scheduled payments.
5 Default InWst Fate. If an Event of Default occurs under any of the Loan
Dowments, and for so long as the went of Default is continUing, the Lender, in the Lender's sole
discrcOm 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 (S%), 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 resti t of such Event of Default. Such interest shall continue to accrue despite
any legal moratorium on payment or any delay in payment ordered or perrnitted by a court
assuming jurisdiction.
6. Other Terms. Except as specifically provided in this First Amendment, all
other terms and conditions of the Nbte.shalt remain unchanged and in full force and effect.
T 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.
9. 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 loan documents, the terms and conditions
of the Note and the other loan documents shall control, except to the extent expressly modified in
finis First Amendment.
-2-
7 ? •
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.
L _.
V7' By:
Roe L. A . gle, resident
ATTEST:
LENDER:
ORRSTOWN BANK
(SEAL) Mmdy u ssistant Vice President
-3-
0 •
Exhibit "D"
Carlisle, Pennsylvania
March 2, 2011
MORTGAGE MOTE
$1,500,000.00
FOR VALUE RECEIVED, the undersigned LIGHTSTYLES, LTD. (the "Maker")
promises to pay to the order of ORRSTOWN BANK (the "Lender"), at its offices located at 2965
Philadelphia Avenue, Chambersburg, Pennsylvania 17201, or at such other places as the Lender
may from time to time designate, the principal sum of ONE MILLION FIVE ;HUNDRED
THOUSAND DOLLARS ($1,500,000.00), lawful money of the United States of America, together
with interest thereon payable at the. rate or rates hereinafter specified and any and all other sums
which may be owing to the Lender by the Maker pursuant to this Note. The following terms shall
apply to this Note:
1. Interest Rate. Commencing on the date of this Note and continuing for a period of
five (5) years, interest shall accrue on the unpaid principal balance outstanding from time to time at
a fixed per annum rate of interest equal to Six and 501100 percent (6.50%). At the end of such
initial fixed rate period, the Lender may, in its sole discretion, quote new fixed rates. If the Lender
chooses not to offer another fixed rate, or Maker does not accept any of the quoted fixed rates, then
upon the expiration of the initial five (5) year fixed rate period and continuing thereafter until all
sums due under this 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 Journal Prime RLu_s One percent
(1.00%), or (ii) Five percent (5.001/6). 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 Maker 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 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 Maker 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.
2. Calculation of Interest. Interest accruing for any period shall be calculated by
multiplying the unpaid principal balance of this Note by the applicable rate of interest and by
multiplying the product thereof by a factor equal to the number of days in such period divided by
three hundred sixty (360).
3. Reps, ment. Commencing on April 2, 2011 and continuing on the same day of each
month thereafter, Maker shall make two hundred thirty-nine (239) consecutive monthly payments of
principal and interest in the amount of Eleven Thousand Two Hundred Sixty-seven and 42/100
Dollars ($11,267.42) each, and one final payment in the amount of the entire unpaid balance of
principal and all accrued and unpaid interest and all other sums due and owing under this Note, on
March 2, 2031, which shall be the final and absolute due date of this Note (the "Maturity Date");
8U3?A8.?
r
provided, however, that if there is a change in the interest rate, the amount of the monthly
installment payments of principal and interest may be adjusted from time to time as determined to
be necessary by 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 two
hundred forty (240) month amortization.
4. Late Payment Charge. If any payment due hereunder is received by the Holder
more than fifteen (15) calendar days after its due date, the Maker shall pay a late payment charge of
five percent (5%) of the amount overdue.
5. Application of Patiments. All payments made hereunder shall be applied first to late
payment charges or other sums owed to the Holder, next to accrued interest, and then to principal,
or in such other order or proportion as the Holder, in the Holder's sole and absolute discretion, may
elect from time to time.
6. Prepayment. If the Maher prepays the principal amount outstanding under this Note,
in whole or in part, at any time during a 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
percent point (1.00%) at each of the first (1s) through fifth (5' anniversaries of first (1) day of
such fixed interest rate period; and provided further that no prepayment premium will be charged on
any amount prepaid from internally generated (not borrowed) funds. Subject to Section 5 of this
Note, 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.
7. Collateral. This Note is secured by that certain Mortgage and Security Agreement of
even date herewith, made by Robert L. Slagle and Susan DeRemer Slagle, as Mortgagors, for the
benefit of the Lender, encumbering certain real property known as 39691 Hampton 'Lane, North
Bethany, Sussex County, Delaware, the provisions of which are incorporated into this Note by
reference.
8. Default and Default Interest Rate. In the event of any failure of the Maker to pay
any amount due under this Note when the same becomes due and payable, or an Event of Default
occurs under any of the Documents, subject to the giving of such notice and the expiration of such
cure period, if any, as may be required therein (each an "Event of Default"), and for so long as the
Event of Default is continuing, the Holder, in the Holder'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 pursuant to Section 1 of this Note plus, five percent
(5%), but not more than the maximum rate allowed by law (the "Default Rate" or "Penalty Rate"),
independent of whether the Holder 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 any court assuming jurisdiction.
9. :acceleration. Upon an Event of Default, the principal amount outstanding on this
Note. together with interest, charges, fees or other sums shall, at the option of the Holder. or as
-2-
otherwise provided in the Agreement, without notice or demand, become immediately due and
payable.
10. Confession of Jud lent. UPON AN EVENT OF DEFAULT (SUBJECT TO
THE GIVING OF SUCH NOTICE AND THE EXPIRATION OF SUCH CURE PERIOD, IF
ANY, AS MAY BE REQUIRED UNDER THE APPLICABLE LOAN :DOCUMENT), THE
MAKER AUTHORIZES ANY ATTORNEY ADMITTED TO PRACTICE BEFORE ANY
COURT OF RECORD IN THE UNITED STATES TO APPEAR ON BEHALF OF THE
MAKER IN ANY COURT IN ONE OR MORE PROCEEDINGS, OR BEFORE ANY
CLERK THEREOF OR PROTHONOTARY OR OTHER COURT OFFICIAL, AND TO
CONFESS JUDGMENT AGAINST THE MAKER, WITHOUT PRIOR NOTICE OR
OPPORTUNITY OF THE MAKER FOR PRIOR HEARING, IN FAVOR OF THE
HOLDER OF THIS NOTE IN THE FULL AMOUNT DUE ON THIS NOTE (INCLUDING
PRINCIPAL, ACCRUED INTEREST AND ANY AND ALL PENALTIES, FEES AND
COSTS) PLUS REASONABLE ATTORNEYS' FEES AND COURT COSTS. THE MAKER
WAIVES THE BENEFIT OF ANY AND EVERY STATUTE, ORDINANCE, OR RULE OF
COURT WHICH MAY BE LAWFULLY WAIVED CONFERRING UPON THE MAKER
ANY RIGHT OR PRIVILEGE OF EXEMPTION, HOMESTEAD RIGHTS, STAY OF
EXECUTION OR GARNISHMENT, OR SUPPLEMENTARY PROCEEDINGS, OR
OTHER RELIEF FROM THE ENFORCEMENT OR IMMEDIATE ENFORCEMENT OF
A JUDGMENT OR RELATED PROCEEDINGS ON A JUDGMENT. IF A COPY OF
THIS NOTE, VERIFIED BY AN OFFICIAL OR AN OFFICER OF THE HOLDER,
SHALL BE FILED IN ANY PROCEEDING OR ACTION WHEREIN JUDGMENT IS TO
BE CONFESSED, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL HEREOF
AND SUCH VERIFIED COPIES SHALL BE SUFFICIENT WARRANT FOR ANY
ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS
JUDGMENT AGAINST MAKER AS PROVIDED HEREIN. JUDGMENT' MAY BE
CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWERS AND NO
SINGLE EXERCISE IN THE AFORESAID POWERS TO CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, SHALT. BE DEEMED TO EXHAUST THE POWER,
WHETHER OR NOT SUCH EXERCISE SHALL BE HELD BY ANY SUCH COURT TO
BE INVALID, VOIDABLE OR VOID, BUT THE POWER SHALL CONTINUE
UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME, AND IN THE
SAME OR DIFFERENT JURISDICTIONS, AS, AFTER AND AS THE HOLDER SHALL
ELECT, UNTIL SUCH TIME AS THE 'HOLDER SHALL HAVE RECEIVED PAYMENT
IN FULL OF ALL SUMS DUE HEREUNDER, TOGETHER WITH INTEREST, COSTS
AND FEES.
11. Interest Rate after Judgment. If judgment is entered against Maker on this Note, the
amount of the judgment entered (r,,hich may include principal, interest, fees and cosh) shall bear
interest at the above described Default Rate, to be determined on the date of the entry of the
judgment.
12. Expenses of Collection. Should this Note be referred to an attorney for collection,
whether or not judgment has been confessed or suit has been filed, the Maker shall pay all of the
1 • 1
Holder's reasonable costs, fees (including, but not limited to, reasonable attorneys' fees) and
expenses resulting from such referral.
13. Subsequent Holders. In the event that any Holder of this Note transfers this Note for
value, the Maker agrees that no subsequent Holder of this Note shall be subject to any claims or
defenses which the Maker may have against a prior Holder, all of which are waived as to the
subsequent Holder, and that all subsequent Holders shall have all of the rights of a Holder in due
course with respect to the Maker even though the subsequent Holder may not qualify, under
applicable law, absent this paragraph, as a Holder in due course.
14. Holder. As used in this Note, the term Holder shall refer to the Lender, and to any
other person, if any, who is in possession of this Note and to whom this Note has been indorsed,
whether to order, to bearer or in blank.
15. Waiver of Defects. The Maker hereby waives and releases all errors, defects and
imperfections of a procedural nature in any proceedings instituted by the Holder hereunder, as well
as all benefits that might accrue to the Maker by virtue of any present or future laws exempting any
property, real or personal, or any part of the proceeds arising from any sale of any such property,
from garnishment, attachment, levy or sale under execution, or providing; for any stay of execution,
exemption from civil process, or extension of time for payment. The Maker agrees that any real
estate that may be levied upon pursuant to any writ of execution issued on any judgment by virtue
hereof, may be sold, in whole or in part, in any order desired by the Holder.
16. Waiver of Protest. The Maker, and all parties to this Note, whether maker, indorser
or guarantor, waive presentment, notice of dishonor and protest.
17. Extensions of Maturity. All parties to this Note, whether maker, indorser or
guarantor, agree that the maturity of this Note, or any payment due hereunder, may be extended at
any time or from time to time without releasing, discharging or affecting the liability of such party.
18. Notices. Any notice or demand required or permitted by or in connection with this
Note shall be given in the manner specified in the Agreement for the giving of notices under the
Agreement. Notwithstanding anything to the contrary, all notices and demands for payment from
the Holder actually received in writing by the Maker shall be considered to be effective upon the
receipt thereof by the Maker regardless of the procedure or method utilized to accomplish delivery
thereof to the Maker.
19. Assignability. Subject to the limitations on assignment set forth in Section 11.6 of
the Agreement, this Note may be assigned by the Lender or any Holder at any time or from time to
time. The Lender or Holder shall notify the Maker, as soon as practicable, of the assignment, but
any failure to so notify shall not in any manner affect the obligations of the Maker to make any and
all payments required hereunder.
20. Binding Nature. This Note shall inure to the benefit of and be enforceable by the
Lender and the Lender's successors and assigns and any other person to whom the Lender may grant
-4-
M
L°
an interest in the Maker`s obligations to the Lender, and shall be binding and enforceable against the
Maher and the Maker's personal representatives, successors and assigns.
21. Invalidity of any Dart. If any provision or part of any provision of this Note shall for
any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any ether provisions of this Note and this Note shall be construed as
if such invalid, illegal or unenforceable provision or part thereof had never been contained herein,
but only to the extent of its invalidity, illegality or unenforceability.
22. Choice of Law. This Note shall be governed, construed and interpreted strictly in
accordance with the laws of the Commonwealth of Pennsylvania.
23. Capitalized Terms. Capitalized terms, unless otherwise defined herein, shall have
the meanings attributed thereto in the Agreement, unless the context clearly requires a different
meaning.
24. Jurisdiction. The Maker hereby agrees and consents that any action or proceeding
arising out of or brought to enforce the provisions of this Note may be brought in the Court of
Common Pleas in Cumberland County, Pennsylvania, at the sole election of the Lender or the
Holder, and by the execution of this Note, the Maker irrevocably consents to the jurisdiction of any
such court.
IN WITNESS WHEREOF, the Maker has executed this Note specifically intending this
Note to constitute an instrument under seal.
ATTEST: MAKER:
LIGHTST TD.
X11", (Asst.) Secretary By:
(SEAL) o ert L. agle, President
-5-
1, ? r
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF FRANKLIN
Bradley Tanguay, being duly sworn according to law, deposes and says that he is Vice President
of Onrstown 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 day
of 201 COMMONWEALTH OF PPWMVAN
PA A ' Notarial Seal
Christiana R. Timmons, Notary Pubk
NV At v 1 UV? Charnbersburg Wo, Franklin County
Notary Public My ?mi? bores March 3, 2014
Member, Pennsylvania Association of Notaries
93666541
- -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO
/a -sa'g` &,',J
VS.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
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.
93666542
-0-
(b) If the Petition states prima facie grounds for relief, the Court shall issue a Rule to
Show Cause and may grant a stay of proceedings. After being served with a copy of the petition
the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the Petition
or Answer;
(d) The Petition and the Rule to Show Cause and the Answer shall be served as
provided in Rule 440;
(e) The Court shall dispose of the Rule on Petition and Answer, and on any
testimony, depositions, admissions and other evidence. The Court for cause shown may stay
proceedings on the Petition insofar as it seeks to open the judgment pending disposition of the
application to strike off the judgment. If evidence is produced which a jury trial would require
the issues to be submitted to the jury, the Court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
(g) (1) A judgment shall not be stricken or opened because of a creditor's failure to
provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to
follow to strike a judgment or regarding any rights available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective
date of subdivision (g) which have not been stricken or opened as of the effective date and (2)
judgments entered on or after the effective date.
DILWORTH PAXSON LLP
BY:
Eliza eth Goldstein, Esquire
Attorney for Plaintiff
93666542
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
VS.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
NO. I .?? - 39f'e
NOTICE TO HOLDER OF DOCUMENT CONTAINING
PROVISION FOR JUDGMENT BY CONFESSION
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You are notified that the Prothonotary of Cumberland County is not permitted to enter
judgment on a document containing provision for judgment by confession (other than bonds and
warrants of attorney accompanying mortgages) unless the document is accompanied by an
affidavit suggested form of which is as follows:
PLAINTIFF'S AFFIDAVIT OF DEBTOR'S WAIVER OF RIGHTS
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF DAUPHIN
Elizabeth J. Goldstein, being duly sworn/affirmed according to law, deposes and says that
she is attorney for Plaintiff in the above captioned matter; that at the time of the signing of the
document containing provision for judgment by confession in the said matter, the corporate
defendant
(X) (1) Earned more than $10,000 annually,
OR
() (2) If annual earnings are less than $10,000, did intentionally,
understandingly, and voluntarily waive:
(a) the right to notice and hearing;
(b) the right of defalcation, i.e. the right to reduce or set off a claim by
deducting a counterclaim;
(c) release of errors;
(d) inquest (to ascertain whether rents and profits of defendant's real
estate will be sufficient to satisfy the judgment within seven years);
(e) stay of execution (if defendant owns real estate in fee simple
within the county worth the amount to which the plaintiff is entitled, clear of encumbrances);
93666542
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
VS.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
AFFIDAVIT OF BUSINESS OR COMMERCIAL TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
SS
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: Z,4jj 4??
Eli eth J. oldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me day
of _ ?/Z (r7' , 2012.
, % -e 1 lA .
NotaryPublic
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Deborah L. Julian, Notary Public
Susquehanna Tvwp., Otphin t, 20, County t4
My Comm aln
Member. Penn" 81113 ASSOdation of Notaries
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93666542
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW ,
ORRSTOWN BANK NO. - 9lj'? C?Lv'
VS.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
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: ua A i4
Elizabeth J. Goldstein
Attorney for Plaintiff
Sworn to and Subscribed
before me this /J'4-day
of j , 2012.
Notary ublic
COMMONWEAL ! OF PENNSYLVANIA
Note{1el S01
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93666542
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO. 1,-)--3W9'
,-)-- 3 W9' ad
vs.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
CERTIFICATION OF NON-CONSUMER CREDIT TRANSACTION
I certify, pursuant to the penalties of 18 Pa.C.S. §4904 (pertaining to unsworn
falsification to authorities), that this judgment is not being entered by confession against a
natural person in connection with a "consumer credit transaction" as the same is defined in
Pa.R.C.P. 2950.
Dilworth Paxson LLP
By: 7,&." 1?w
11*11,
Eliz eth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me day
of ZJk , 2012.
Notary ublic
COMMONWEALTH OF PENNSYLVANIA
Nomdal Seal
DdVeh L. Julien, Notary Public
su"wwna ., Dauphin county
COMMOM
M OCt 20, 2014
Mern nl$ M99g4m9n of Notaries
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93666542
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW I
ORRSTOWN BANK NO. > 39ff aetj
vs.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
?Y
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
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; that the Defendant's last known address was 8 Foxfield
Court, Mechanicsburg, Cumberland County, Pennsylvania; that Defendant Susan DeRemer
Slagle's last known employment was as president of Marvin Window & Door Showplace, Inc..;
that Defendant Susan DeRemer Slagle is over 18 years of age; and not in the Active Military or
Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers'
and Sailors' Civil Relief Act of Congress of 1940 and its amendments.
Dilworth Paxson LLP
By: DUX A?o
Elizabeth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me day
of , 2012.
tary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Sal
Deborah L. Julian, Notary Public
Suequehenne Tg, Dauphin County
93666542 Come ulft rot OCL 20, 2014
MeM n rile AftelOw of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. 39f?
vs.
SUSAN DeREMER SLAGLE and
ROBERT L. SLAGLE
C
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA: _
SS SP '
COUNTY OF DAUPHIN --+ cn Vol
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; that the Defendant's last known address was 8 Foxfield
Court, Mechanicsburg, Cumberland County, Pennsylvania; that Defendant Robert L. Slagle's
last known employment was as treasurer of Marvin Window & Door Showplace, Inc..; that
Defendant Robert L. Slagle is over 18 years of age; and not in the Active Military or Naval
Service of the United States or its Allies or otherwise within the provisions of the Soldiers' and
Sailors' Civil Relief Act of Congress of 1940 and its amendments.
Dilworth Paxson LLP
By: ?k" ),?w
Eliza eth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me day
of , 2012.
41 Ck.-
N Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L. Julian, Notary Public
Susquehanna TWp., Dauphin County
My Commission Upires Oct. 20, 2044
Member. Pennsvlvanla Association of Notaries
93666542
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
vs.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
NO.
?a3W9 aoJ
CERTIFICATION OF ADDRESSES
I hereby certify that the present address of the within named Judgment Creditor is 77 East
King Street, P.O. Box 250, Shippensburg, Franklin County, Pennsylvania 17257.
I hereby certify that the last known address of the Judgment Debtors was 8 Foxfield
Court, Mechanicsburg, Cumberland County, Pennsylvania.
Dilworth Paxson LLP
By:
Eliz eth J. Goldstein, Esquire
Attorney for Plaintiff
c r
r?
93666542
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO.
1 a 399 00
VS.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
ORDER FOR APPEARANCE
Kindly enter my appearance for Plaintiff, Orrstown Bank, and enter judgment against
Defendant, Robert L. Slagle
Dilworth Paxson LLP
By:
Eliza eth Goldstein, Esquire
Attorney for Plaintiff
?c
Cn =+ a
93666542
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. i a 3g q f
vs.
ROBERT L. SLAGLE and
SUSAN DeREMER SLAGLE
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 u
By: ry
If f you have any questions concerning the above, please contact:
Elizabeth Goldstein, Esquire
Dilworth Paxson LLP
112 Market St., Suite 800
Harrisburg, PA 17101
(717) 236-4812
93666542
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
z F- PC' of fjrllt1s?
?2.JU! 24 Ah:
O UMOERL A NL)
i'lt YS1' 01 alYllltpf A
Orrstown Bank
vs.
Robert L Slagle (et al.)
Case Numb
2012-3998
SHERIFF'S RETURN OF SERVICE
07/13/2012 09:10 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 1 ,
2012 at 2110 hours, he served a true copy of the within Complaint in Confession of Judgment and PA
Rule of Civil Procedure 236 Notice, upon the within named defendant, to wit: Susan Deremer Slagle,
making known unto Robert Slagle, Husband of Defendant at 8 Foxfield Court, Mechanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally ti
said true and correct copy of the same.
RYAN BURGETT,
07/13/2012 09:10 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 1;
2012 at 2110 hours, he served a true copy of the within Complaint in Confession of Judgment and PA
Rule of Civil Procedure 236 Notice, upon the within named defendant, to wit: Robert L. Slagle, by makii
known unto himself personally, at 8 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania
17050 its contents and at the same time handing to him personally the said true and correct copy of the
same.
RYAN BURGETT,
SHERIFF COST: $54.45
July 17, 2012
SO ANSWERS,
R ANDERSON, SHERIFF
•
Orrstown Bank : IN THE COURT OF COMMON PLEAS
v. :CUMBERLAND COUNTY, PENNSYLVANIA
Robert L. Slagle and Susan Deremer Slagle : NO. 2012-3998
-■„+ D
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above judgment as satisfied for the property known as 8 Foxfield Court
as outlined in the attached Exhibit.
Respectfully Submitted;
vvvik
Martin J. W-", Esquire
KeM. on
C#, .2s7/66
___ ,29 7trW
MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF
IDENTIFICATION NO. 51379
DILWORTH PAXSON LLP
1500 MARKET STREET, SUITE 3500E
PHILADELPHIA, PENNSYLVANIA 19102-2101
(215) 575-7000
ORRSTOWN BANK CUMBERLAND COUNTY
COURT OF COMMON PLEAS
vs. CIVIL DIVISION
ROBERT L. SLAGLE AND SUSAN DEREMER NO. 2012-3998
SLAGLE
RELEASE OF LIEN OF JUDGMENT
TO THE PROTHONOTARY:
Plaintiff in the above-stated action, at the request of Defendant and for and in
consideration of the sum of Ten Dollars ($10.00) to us in hand paid by Defendant at the time of
execution hereof, the receipt of which is hereby acknowledged, do for ourselves, our successors
and assigns, covenant, promise, and agree, to and with the Defendant, their heirs and assigns, by
these presents, that we will not at any time hereafter sell or dispose of, attach or levy upon, or
claim or demand the premises known as 8 Foxfield Court, Mechanicsburg, Cumberland County,
Pennsylvania, more fully described in Exhibit "A" attached hereto, with the appurtenances or
any part thereof by virtue of the said judgment, so that the said Defendant, their heirs and
assigns, shall and may hold the same, free and clear of and from the lien of the said judgment;
provided,
11292130_1
however, that nothing herein contained shall invalidate the lien, indebtedness or security of the
said judgment upon any other estate of Defendant.
Dilworth Paxson LLP
Date: Septembe , 2013 By: wy �,�--
Ma rt n J. -' , Esquire
Attorney for Plaintiff
2
11292130_1
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township,Cumberland County,
Pennsylvania,more particularly bounded and described in accordance with the Major Final Subdivision Plan for
The Peninsula(Phase 1),prepared by H.Edward Black&Associates,P.C.,more particularly bounded and
described as follows.to wit:
BEGINNING at a concrete monument on the western right-of-way line of Foxfield.Court at the
dividing line between Lot-110 and Lot-109 on the hereinabove mentioned subdivision plan;thence along said
dividing line between Lot-110 and Lot-109,South 73 degrees 46 minutes 42 seconds West,a distance of 629.47
feet to an iron pin along the eastern right-of-way line of Conodoguinet Creek;thence along the eastern right-of-
way line of Conodoguinet Creek North 10 degrees 50 minutes 57 seconds West,a distance of 511 feet to an iron
pin along potherb lands now or formerly of Sample Bridge Associates;thence along the lands now or formerly
of Sample Bridge Associates North 81 degrees 30 minutes 00 seconds East,a distance of 428.30 feet to an iron
pin at the dividing line between Lot 108 and Lot 109;thence along said dividing line.between Lot-108 and Lot-
109 South 40 degrees 19 minutes 46 seconds East,a distance of 436.89 feet to a concrete monument along the
western right-of-way line of Foxfield.Court;thence along the western right-of-way line of Fox.field Court on a
curve to the left having a radius of 50 feet an arc length of 65 feet to a concrete monument at the dividing tine
between Lot-109 and Lot-110;the point and place of BEGINNING.
CONTAINING 5.9597 acres more or less.
BEING LOT-109 on the hereinabove mentioned Subdivision Plan for The Peninsula(Phase 1)as
recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 65 at"Page 28.
BEING the sane premises which Sample Bridge Associates by its deed dated January 13, 1994 and
recorded on January 24, 1994;in Deed Book"T",Volume 36,Page 772,in the Office of the Recorder of Deeds
in and for Cumberland County,Pennsylvania,granted and conveyed unto Robert L.Slagle and Susan D.Slagle,
husband and wife,the Borrowers and Mortgagors herein.
•
•