HomeMy WebLinkAbout12-39990 s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
VS.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
No. ?a -.3989
ENTRY OF APPEARANCE CONFESSION
OF JUDGMENT
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Pursuant to the authority contained in the Guaranty dated December 29, 2010, 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,
Marvin Window & Door Showplace, Inc.
Principal: 1,637,304.98
Interest as of March 26, 2012: 7,170.70
Loan Admin Fee 400.00
Legal Fees 4,000.00
Total 1,649, 835.68
Dilworth Paxson LLP
By: Y-4 a &/-
Eli eth Goldstein, Esquire
Attorney for Defendant
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93663391
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW A
ORRSTOWN BANK
VS.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
NO. - 3991i'
COMPLAINT IN CONFESSION OF JUDGMENT -<
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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, Shippensburg, Pennsylvania
17257.
2. Defendant is Marvin Window & Door Showplace, Inc. ("Marvin"), a Maryland
Corporation, which does business at 1216 Claremont Road, Carlisle, Cumberland County,
Pennsylvania.
3. Defendant, Marvin, for good and valuable consideration, made and executed in
favor of Plaintiff, Orrstown Bank, a Commercial Guaranty dated December 29, 2010 wherein
Marvin unconditionally became guarantor to Orrstown Bank, for all sums 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
amount of $200,000. A true and correct copy of said Promissory Note is attached hereto as
Exhibit "B" and made a part hereof.
93663392
31
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 "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 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 in the principal
amount of $1,500,000. A true and correct copy of said Promissory 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 March 2, 2011 Promissory 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
9. Defendant Marvin owes Plaintiff, Orrstown Bank, the following under the terms
of said 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
93663392
10. Said guaranty is in default for Defendant's failure to pay amounts due and owing.
In addition, by virtue of, among other things, the failure to satisfy a judgment against Defendant
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 said 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 Defendant, Marvin
Window & Door Showplace, Inc., in the amount of $1,649,835.68.
Dilworth Paxson, LLP
By:
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Elizatfeth Goldstein, Esquire
Martin J. Weis, Esquire
Dilworth Paxson LLP
112 Market St., Suite 800
Harrisburg, PA 17101
(717) 236-4812
93663392
Exhibit "A"
0
GUARANTY AND SURFT"''YSHIP AGREEMENT
THIS GUARANTY AND SURETYSHIP AGREEMENT is made as of December ,
2010 by MARVIN WINDOW & DOOR SHOWCASE, INC. (the "Guarantor"), in favor of
ORR:STOWN 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
Borrower 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 same
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
Mote," as the same 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 affiliated by common ownership with the Borrower.
As an inducement to the Lender to restructure the repayment of the 1997 Loan and the
2009 Load as provided in the First Amendment to Promissory Note and Second Change in
Terms Agreement, respectively, and to make 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:
12327 1
V
SECTION]. 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 se, eral, 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 any state or Federal
bankruptcy, insolvency, reorganization or any other law affecting the rights of creditors
generally, if the obligations of the Guarantor under this Agreement 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 under 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 frill 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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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 ll. 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, deferment, 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 any way 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
furnishing 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;
F,. 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 an), of the
foregoing or any other agreement, instrument, guaranty or security referred to in
clause A above or any term of any thereof,
F.. 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
goverrunental 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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I. any loan to or other transaction between the Lender and Borrower or any
guarantor; or
J. 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 wastes 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 Lander hereon; (b) notice of any of the matters referred to in clauses A 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
whatsoever, 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
Person of any right udder, 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 from the Borrower had such remedies been exercised.
SECTION' lll. Waiver of Subrogation. Guarantor hereby irrevocably waives any claim or
other rights, which it may now or hereafter acquire against the Borrower or any guarantor by
virtue of any payments made by Guarantor hereunder.
SECTION IV. Reasonableness and Effect of Waivers. Guarantor warrants and 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 law or public policy, such waivers shall be effective only to the maximum extent
permitted by law,
SECTION V. Representations and Warranties of Guarantor. As of the date hereof,
Guarantor makes the representations and warranties set forth in this Section V to the Lender.
A. Due Organization. The Guarantor is a corporation duly incorporated, validly
existing and in good standing under the laws of the State of Maryland; is duly registered and in
good standing as a foreign corporation under the laws of the Commonwealth; has the power to
enter into this Agreement and the other Loan Documents entered into by it and the transactions
contemplated hereunder and thereunder and to carry out its obligations hereunder and
thereunder; by proper action has authorized the execution and delivery of this Agreement and
each of the other Loan Documents executed and delivered by it; and is not in default under any
of the provisions of the laws of the State of Maryland or the Commonwealth or its articles of
incorporation or by-laws which would affect its existence or its powers referred to in this
subsection A.
B. Authorization: No Conflict. The execution, delivery and performance 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.
C. Enforceability, 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
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bankruptcy, insolvency and similar laws affecting creditors' rights generally and by general
equitable principles.
D. Litigation. There is no action, proceeding or investigation pending or 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 (1) the financial condition, operations or business, prospects or property of
Guarantor taken as a whole, (ii) the ability of Guarantor to perform Guarantor's 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
other material 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 in
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.
G. 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 contemp'lated' 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, will 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. Event 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
7
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 tither 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
dismissed within ninety (90) days from the date of such Act of Bankruptcy. The term "Act of
Bankruptcy," as used herein, shall mean the filing of a petition in bankruptcy under the United
States Bankruptcy Code, 11 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 owed 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 EMPO?rER
ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES 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
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STAY CAF' EXECUTION, AND INQUISITION AND EXTENSION UPON =IND 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
SHALL NOT EXHAUST THE WARRANT, BUT SUCCESSIVE JUDGMENTS 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 afft ct 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
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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 Persona
SECTION XI. Severability. 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 -ofprocess 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
Lender 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
-10-
EXIS'T'ING IN CONNECTIONWITH THIS AGREEMENT OR A NTY 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.
SECTION XV. GOVERNING LAW. THIS AGREEMENT AND THE RIGHTS
AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE
GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH,
`THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT REGARD TO
PRINCIPLES OF CONFLICT OF LAWS,
SECTION XVI. JOINT AND SEVERAL, The Liabilities are the joint and several
obligations of Guarantor and each other 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.
MARVIN WINDOW & DOOR SHOWCASE,
V `?'?"`• ,r- INC.
By: !Gt ,Irs?
S;us n eRe er S gle, President
II -
SCHEDULE I
ADDRESSES
Guarantor
Marvin Window & Door Showcase, Inc.
1261 Claremont Road
Carlisle, PA 17013
Exhibit "B"
I-200100Q_QQ PROMS MY NOTE Loan 0 _ Dated, December 15 1?7
Mt, --L_iylitstyles. LTD of 1261 Clar won Road r-grlisle, PA 17013
Debtor ---- of
FOR VALUE RECEIYEDAND INTENDING TO BE LEGALLY BOUND HEREBY, the person orpetsonswho sign as debtor below (each jointly and severally liable if
more than one person and hereinafter referred to as 'Debtor"), promises to pay to the order of OtRSTOAA BANK
("Lender l
at any of lender's branch offices,
the Principal slim of Two hundred thousand and 00/100 - - - - - - - - - - - - - - - - - - - Dollars
in lawful money of the tl#ided States, to be paid,es follows: On demand, together with accrued interest then outstanding.
Interest from the date of this Note shall accrue on the,unpaid Principal balance hereof at the rate of I /2Lpgy- a* u th,
and shall be payable >lottaRthlp as tilled.
SECURITY 1NTEEEST: Aisecsrnilyfot:tlsapnasptas and w
fndudint any renewds, estaefooa aMAV m thereof,
iiabil6es and obiita*m of 0*0f Of IM Of ft K to Lander whe
Whatsoever and out of+NaterMf treatsdgn; alhitiSlirerl6rwttercc
as used herein, shoo iM** AW 04 all dW poem rrabls Ww a Y ar term
Li Mities, itrdr & t Wall ser{.*Ml4N ow dslritrslte? property tat to propose of aecwini
andoro al pr?naty d01ti?tor, wpf#rltat M9dtAaLmytimeL?dtrsMlrlthave inttaposaeulm,atrrhich is is
front to it inch wet rigfeslC MNe ftrs bahrnea or Shure fo owiw, or arty of fhoi;6 of my
deposit, agency,post,aacroxocatbtrta9stietOrovft rt With Ira any Dow Morris wh&hMYtoe
airing from bare to Life by Wdotyf 4W4K or AW d them. Saki Ilion and searrity (sheet shatl be
iedepement of LeWs right of ss*A wbi* Wes arc#Md, OW be *wW to oom atftli a Lander fist
restricts accew of Obi p to 9wft in Lender's ooisossion, at o,* such sokff my be entered apon
tender's boob and records at a WW orOe;
l? if checked, Debtor agrees that ibs Mae is a reoOrgi O the Promissory Note &W
1lit.-, and VIA whether or rat adddionai karts am advarKad harewih
ffiis Not a net intended to crook alt * Mw4ebl it Lander was 0m j portage money ora0w Wu*
iwterast in connection with the priw Aemitsory Meta. List sectrr* ktetast gull to retained by Lender in
connection with U Note.
hatooMOltioMAt ti,?atuTr:ob?rosepi+?at?bedn??rab?„i,adw?ubatr?.tdmmergbiubdm
other obw, and shat not be d4yiadttyvatyir4Aewt4 extension of6 te,rR wm* waiverormofteatiorn of
tens hlok of tMreleae >u6atAu?Mypdfota?dikopdoobwdelta(lylorttd gol .E mip cow* homy
ardapsocterssions dtimt !cnetti reiversoneadka0orns aswtii astotbetei?ie sUbttitbGonation
of Oftors and/or calaterra Oacudy, a*wjt notice to Obligor and Othout affecting Ohotors )iabifMy
hwaurder or under the lhblrbae.
Tbk Note is entitled to MN MonwwwLlsi -ety ard/of PA-4 we"e". security
ataeeanarroo. MIMPIRW, , AWar o ar such km dw*a * (referred to as it* `two
Docurnenls7Herodiscoletser.*#watieiiabio*Whatfsprexanatadp"vioiafybwconcwtoi**A or
to beu&LfEdsubwueWto,t* and}rAitlbo rbOarmuledmedititd,renewddor suhstitutsdWithout
$Wint in any way the validity 0*20ft of this Note.
ElprS OF 0ErAUL1: Each of 1fu 04plt`?ER tbal be w "Event of Data& heteuAde. (1) the nonpayment
When due, or if fhb is a sup=M= nq 4 Of say ALOAA PMWe Wsdgt the Rte Or Of any
xwM seers due under or dr doe fade of atytlbiitor W obwn of pedam any
u ofm? rrahxt drltfN but Dot 0M OC#0to
t)xume~ 1 23 orm?ean eMbrtheaelkof0*8Ors,atIiny
pe"onistiedbI = an V'pto+Wonofanysmteartsder4I*4orstih+tnrd*4thst
such Mites is onswyea or a 4MSr4abs Ns ffapy m0a of tinder any pruvift of me federal
ObOWwhichisstaporakonor{?flgraa(upwftdflt+ pmpWwridl+tCotseritdle+drwlJ)thedWlh
wnpropatianotadtudicaratnd di?pOffKbswtWisalnturafDersont?YxyiS6orraation
or tiQnabae furruslntd to tarwfr liy r?t any brre in cenrseMM with any of the ujWj0j% or in
C*Vooornwith anyguaraft oppttorch/etoanytlthttiaboes. isWsegrilcorruporp
tor IS of any Ohirperfa ""=i LMldersuch r'mancW and other infomnabon as Lender nay
reboea* request of require.
LENDER'SMOSU?DMDEFAtfU: taYNerKbf6eaodtrarywtak*dbereinorekawtere,
or the fad I!t>ttlebtor my be required to mate Prindpat mW or wierost poyma& from time to tine, d this
Mote isP+Yahl AMdr-nd,tenderegydetrrandpayratntolaA*Adt njPfiedpalandaccruedinterest
K ary ftoe vrhothor Or net an Event W Default" hm oxared jr anymnt, upon the occurrence d any
Event d Deb* tarWor nay do any ar at d Ik faiawiV
(1) xa*t* the NaM* d this No sad dmwW imrogdute poirmi of al outrun d w Piupdpal and
wenMd iMerdl Dabdor MM b yatrhr0st At Dnerak preMWin this Note do aY aucb sums wM lmder
hosirctlNMy rrpei* payinent in, 60 lJohool, even #tender has obWNad ]uevia Wwa Debtor therelort -+
W pwporg 40 t116rtsataf Attor anbieed bK w. calm lpaent spMe Debtor, or any ofthem.
IM "acissimdsesTWof" Wall 40% priviloYes>+ndtemaUmdosKwWparty under the
PenMy*" Uoibrm Color dal c* and So of ik V06 VW IMla6es uidar array Mcurdy Wom q L
Ybdteat-Nadl Ikonsitt8dcgorier.0*0Otearf *-OrnolRaOjdefaf8emreN.MAMantof
dotowrent WMAR I ki rpanettion :Wb Of IMM out d fey Of the tialftes, 81 1,61 Which ratnedw shad be
svmtslatire aadrat. aMemetiya. TAe eta! Nnpwdtot >Ay ra?eral 1dd !y lsndu as secarity est any d tope
tY16tkrsshLNR.Ue?ipPtldlitatbthetltpfislsofLaNderfwpreprBlMote?dlualese andthelike, t
..?rrv:.ywwMgr{ealenatl?Nltnfllty'stee<NrldeY?leril3 MtC?Ifted ?lY i,anfier ?nCVldklpfEl6 and Y'
uponwofany*01aftkreideM saSdUM.l4fefPbtl: dsere,fitibsucTl6ade1,01-errktm y,inASSorb
dbinii* alesL 1014 0000 a 100 01 al 600 t abNNiaebpO w w*A it nest thereon.Obligor
waiva and ralaestir any red t0 radnirt Lender to cow " d * uiitinc to Landes from any other
collateral wrdd apsy tlrary d ?Iassels qr otbeftwat, apt sdNdACaAy antthoriua leader toapphy
ulyr:oDatetdtnMlii?0b4tdttasaNyriLME;tdieaim?restatatnstaaYe3`ttieD411gor'stiatiiStfesMtenderia (?
AR manNw $pt twtder fay determine.
(4) Upoefin* days wiWnotice toDebto,k0itaccutWterosfnsddk*hatheinterest provided for
C
Oft 0 any. at x role not to umd bN percpat.W4;pv armw aNitNwµuid Prktcipat balance; ptoridecL
homqu, Met rleWorsft that accrue tairorndet if wars ON maidrnum saw L" of irtertst4* aliowadby
&* bebtor area to pay such accrued interest upon demand.
WAROMT DE AM"FY: Debor, IN Lath of tbarp N "m Memo Doer hereby wrinmobfy aWwraes and
anAtlprtieyoranyVedno(aayt 4lftfWX*b.uppaat+wImoosorremofInyEventof
Da:poQidabeve;baapplartefa+rdl ESSJ( tMPlrapiratDehlfreranydthem,Wfasuch
store as are dale atdlor say becaaf ou tlul eNd/a Bs) in my action d re:piwit instituted by
41-IM 01%MMIaraparwscripeaoitrlK o C#1 thrvesTberitrtofgq s+5maaaaytet?estate
telrnep. WM&* CgonWK 110 4IM Milli $ ur of aedt b deter updn *A Writ at
F emit w walaq oaderpaaEoii VA a obvt aaidneal tattier may be,WW an a writ othecubom,
(2(tnlbe a egg W** by loos ws (* aced Mwio s;& rod from af! app oiOneK shy, vighftn or
apptatllwtefanf¢pfirMSwkitotttler?tefediertraNd(3) rtfpga?alletrati+audsptac I[a
sxspyortttlt Mldfs, wdfidtq!aNidati+tlg!ororih?sSM of?ada shatltrawtban 1itNtNSucttactiotr.+lshail roL
tea detasary to ?etlK Ori?t{alltoM U arfhrnst of AtlprtxY, The aoNiprifpadd palate to apptpr for and enter
from ti isO t, a oAen as UMV *A dom wessary and deora* ardthk Noie "be a s fficiernt
V/amgtthesetort: LoKlef'ataYerrbr Now NmraiudWoeatsin the some oldiffereMcaur&os for alfor part of
Lina tiabaf¢a sasR tOtatdta>rhet®K Qn dedrtuhertit eN h?orethar+plt a[CasitnlM Unesatnt
thbibtiax eft Lt?evarda+y jMitMrrM,iKaiNQtteblprfeigrrsder h sUickew of opened upm appt?oatian
by or on 016?"s.btlgM {t1r aqy ?eNaR xh>Boever, fader is hereby autborutd snit emtnow9red to ataas
?;and aMtt Judperstryrw atiW otwfD the aslantchatsuch errort are sel>ject tp GAfe in the &kr Woceedatts.
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 tor's ha d and seal.
(INDIVIDUAL oEBTORM SIGN RE10M tCORPDRAADR 0B P r.RSMIP DEB SUM"
° ? •" ?, {sell l
(MAU
me
) B erne
IT To
Robert 'L, Sla le, Pres.
(SEAL) Attest 15m and Me - (CORPORATE SEAL)
J*+...Nf+r.Mlktn??/?MI. Yf• L"?n 1f.... f.nwgc' ..... .a. ?.......n?
PREPAYMEM.U+W3$ dminiftlipibp? ta, ?kterluyE0Vr4 iinwAakwnpart utedbyL*nMundo Ontkr-offt94Dtpi(e vwiDta?bwmtWerfortocusts.iacluditg
at any bmo *iiWA jWffi%. i(1Edrrfri00 0h 901 it apr*Te in hsdaMaa*Rs, Any such courts h uRd rWmtubk retlrilees e+ 15%00 M WIVI ltasHwrir,9q,dthe mWauntdue
prepeym?mtsy;dba.?p1i1t6eII1Rl+onrnedieli( t1a $ed#te egefa (,rrdtb?por*ccnun ptth.lnt h r rKW, Lnewred by UnW M WnwOoa wig W cobti on and ttdere~ kroW. n t w stole bears
rem gffik up** riiA o Pgf*Mtto aKad *K ahd the mq ober of ia:tA WvhA04W Mdar AO be int"M at a rate fused am the seta wo rate ftigmw by W* or olgas from sane to time as the mime
W+tuseeratin(i4teeuetd i r ct+ht+1 OAtadVu*gaw w6af}4uSduWowtaRme+dsnor RshkBanode,orsftvisa ergo Dtrcamtihtewtl?homtimstoti+?taats?hytkeW" Res"8mk
idiveDwrlraep+Yi[IR*?7drtldhdll?pM?pna+ctifrt>iaU^'enlDe7?date 40atPrncipatdue inwlwsatlwhdtheLadetItMPtK chweasinlAerabafinilrq?fhmeonakaMbecamcaMagireoathedays
bather faithKudedkftaigtlrlraeNinsbonPOWiosup. -*W such mWoooM*OWOVSortlatl`adwtiRoam 8ankwmauima opsinitsow um Rate, as
MUMPM0iPRD UM :EecM»ll4lorker* M-nh andwamnal UM t$IS3heP'riagwof aGpiicahk.TtmroWW Alu" fwtllrM4tl(tRe*4*uratob+eb"Ro(RSVxV8$onend
1iuM tbaWV*iorbtafpeaIX0"eeaidpWRMSsrdtpees"a"dibur"DWAof the a Nap ra?+7rMeatoreiapmt4NifsfE00A?pf idq ec arrihV&WtcstaWd
P of tlrs NIi4 o of , ?Y wsa tao* Debm *0 twdust?aiy be deemed to woes p° '? him Uaftsvi riM alft it 10 PWAOM 0( ft N* shat( for any
coos be; ch at. suds m ad ht 0, t.**.10 0.1m mW tie Wd b tle 4r-.1Ytlt inrwRdlh pr *04 y4 d net af(eciony other
JUMTQC01t)1ElEl*ifu;Ua,*?r!1'MIMy,404kandfoMfto4**L%J le+ttdatla4OipyOt?ar Dro+?tinradti#dqMS11o1ia9tsRbeeoa>dztied?i[s?hp?idtra"WCS0 ttXb"Whadnoye bw
cordaioedlereta:hKrp[wr4teoyETarrtoffkfa wlh+faAWafi kaae(Wda4YMRormmedyta
{t QatotniatWrs d?a pF+ QM re±r kere6r n. t aor aktaayfiMoksp bas whkhitmaybow"adiAagilWU60 Wa*ij* afMa r"04,0?lh«eltmrda'sr4mto
scoardi?to*4?NM=LaMarkgRfapyidauchi-qaa 0000 lueotaroantore eaereaafhal4rugaaNwti?tn!reanidyfarMTdtLiKdetk?ilid:i" ?in{?Ipetr4aldeLvered to and
to be added as a 1Sefibrs rdNerA aar('way aMec6rrr rutiinitaeethiRat igrof Die etktil'Q, accep%d tender In add shad k Rows W by the kratotlMeGm 1 i'e rn?ta,,utlas federai
to Lar&r, law MWW?W apydes. The WUS WO W fhe°[uria3t 6 el Jk iedarat and *k coots WsW in
VIad q na ?u o R YWO8 to connat$on wdtr MY fn ter ar?sne hheunder. +mt the cdketbn and erdo(W*t
a
L&TE CHO".: The borrower agrees to pay to Batik, as a late charge not as additional
interest, an amount equal to 5% of any payment or $50.00, which ever is
greater, on any payment not received by the Bank on or before the 15th
calendar day after the date th6 payment wae, due.
RAart tlfi8ttaiitA RWM PA"17AA- 12A
Exhibit "C"
FIRST AMENDMENT TO PROMISSORY NOTE
#1231820101
THIS FIRST AMENDMENT TO PROMISSORY NOTE (this "First Amendment")
is made as of DecemberZI, .2G10, by and between LIOHTSTSCLES, LTD. (the "Borrower") and
ORRSTOWN BAND (the "Bank").
RECITALS
Lender made a $200,000 line of credit loan (the "Loan") to the Borrower as
evidenced by the Borrower's Promissory dote 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 Prim Rate plus one half of one percent (13.50%0).
The Borrower has requested and the Lender has agreed to amend the payment and
interest rate terms of the Now 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 acknowledged, the parties hereto,
intending to be legally bound, agree-as follows:
I. Out 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 Rate. The Borrower and the Lender hereby acknowledge; agree and
conff 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 one-half percent (6.50%0) 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 plus a margin of one percent (1.00%), or (ii) five percent
(5.00°/o) 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 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, make loans to other borrowers. The
Lender's determination of the Wall Street Journal Prime shall be conclusive absent manifest error.
302263. t
r b
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, 2011, and one final payment on
December 0 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 (84) month amortization.
4. PrepMent. If the Maker prepays the principal amount outstanding under
this Mote, 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
Molder together with such prepayment; provided that the prepayment premium percentage shall be
reduced by one percentage point (1.00%) at each of the first (I") through fifth (5 h) anniversaries of
the date of this Note; and provided further that no prepayment premium will be due on any amount
prepaid from internally generated (not borrowed) funds. 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 (5%), 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
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 loan 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.
9, Binding _AA Teement. This First Amendment shall be legally binding upon
and shall inure to the benefit of the Borrower and the Leader, 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:
ATTEST:
(SEAL)
LIGHTSTYL LTD.
By.
Roe L. S1 gle, resident
LENDER:
ORRSTOWN BANK
By: h
` 4indy r U ssistant Vice President
-3-
Exhibit "D"
Carlisle, Pennsylvania
March 2, 2011
$1,500,000:00
MORTGAGE NOTE
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 50/100 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 plus One percent
(1.00%), or (ii) Five percent (5,00%0). 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. Repament. 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");
802248.2
n
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 (244) month amortization.
4. Late P@Ment 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 `Pa iy vents. 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 Maker 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 (1.04%) at each of the first (1") through fifth (5) anniversaries of first (l') 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-
P. - is
otherwise provided in the Agreement, without notice or demand, become ininiediately due and
payable.
10. Confession of Judgment. 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, HOMES'T'EAD 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, SHALL 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 (which may include principal, interest, fees and costs) 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
-3-
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 aizy 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 assigmnent, 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-
P. . r
an interest in the Maker's obligations to the Lender, and shall be binding and enforceable against the
Maker and the Maker's personal representatives, successors and assigns.
21. Invalidity of any Part. 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
utienfoiceability shall not affect any other 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:
(Asst.) Secretary
(SEAL)
MAKER:
LIGHTST;ort ;Shaigle, By;
President
-5-
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.
Sworn to and Subscribed
before me this day
12.
Of 4/ P ,
20
Notary Public
Bradley Tangu? ay
Vice President
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christiana R. Timmons, Notary public
Chambersburo BM, Franldln Cw*
MY Commission Expires March 3, 2014
Member, Pennsyhrania Assodation of Notaries
93663391
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. 399
vs.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
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.
93663391
(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: a.,U Al?
Eli eth Goldstein, Esquire
Attorney for Plaintiff
93663391
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYr„LVANI,4t.,
CIVIL ACTION - LAW
ORRSTOWN BANK NO. CI
/? 399
N
vs. CA ,
MARVIN WINDOW & DOOR
C.N
SHOWPLACE, INC. yak `•'?
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
Sworn to and Subscribed
before me JJ?' day
By: 'y. . jjj lit
Eliza th J. Goldstein, Esquire
Attorney for Plaintiff
of 2012.
Notary Public
COMMONWEALTFi_ OF PENNSYLVANIA
Notarial Seal
Deborah L. Julian, Notary putt
Susquehanna Twp., Dauphin County
member, nn n v 20, 2014
atlon of Notaries
93663391
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
VS.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF PHILADELPHIA
NO.
a 9
c7
a
vn ?
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:
Eliza eth J. Goldstein
Attorney for Plaintiff
Sworn to and Subscribed
before me this /day
of , 201,2.
. o 4 ?.,
Notary/Public
cOMMONWEALTN OF PENNSYLVANIA
Notarlal Seal
Deborah L lullan, Notary Public
suetuehanna?wP•1 Dauphin County
my commissim Expires Oct 20, 2014
Member. Pennswania Association of Notaries
93663391
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1
ORRSTOWN BANK NO. l a - 399 Ccc?-?
vs.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
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:
Eliz eth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed .
.
?
before me IV? day
r
of ??4- , 2012.
ra
Notar Public
COMMONWEALTH OF PENNSYLVANIA Q ov
Noterlal Seal y
Deborah L. Julian, Notary Public C) ?.
Susquehanna Twp., Dauphin County
Commission res Oct 20, 2014
Me .k.. Pane nla Assedstlon of Notaries
93663391
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO. ?D-
vs.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
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, 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.
Dilworth Paxson LLP
?- J? &Lk
By:
Eliza eth J. Goldstein, Esquire
Attorney for Plaintiff
-a
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?
N p
s - 4c:S
rr,
-r
93663391
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO.
I ?L 3999 Ccu?
VS.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
ORDER FOR APPEARANCE
Kindly enter my appearance for Plaintiff, Orrstown Bank, and enter judgment against
Defendant, Marvin Window & Door Showplace, Inc.
Dilworth Paxson LLP
By: _Irl'uk JA?
Eliz eth Goldstein, Esquire
Attorney for Plaintiff
c
2
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?? •• ...,.try
-< cn
93663391
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO.
VS.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
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.
Jeputy otary
By:
ProthonotaryIf 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
93663391
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN c? _
¢' --?
PENNSYLVANIA N
CIVIL ACTION - LAW Tim rte"
,,,-- t
ORRSTOWN BANK
NO. 12-3999 -9 N
>t7 3
vs. ZC3 E5
r,
MARVIN WINDOW & DOOR Ln
SHOWPLACE, INC.
PRAECIPE TO WITHDRAW JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the judgment in the above-captioned case "withdrawn".
Respectfully submitted,
ELIZABETH J. GOLDSTEIN, P.C.
By: &a
Elizabeth J. Goldstein, Esquire
Attorney I.D. 473779
355 North 21s` Street, Suite 202
Camp Hill, PA 17011
(717) 724-0266
DATED: June 29, 2012
9523298_1
Attorneys for Plaintiff
CAM
?tus
a4a-7-7
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:
Elizabeth J. Goldstein
Attorney I.D. #73779
355 North 215` Street, Suite 202
Camp Hill, PA 17011
(717) 724-0266
Attorneys for Plaintiff
9523298_}
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
T` rN 0), Y
Orrstown Bank
vs.
Marvin Window & Door Showplace, Inc.
iC+2 JUL -3 AM B: 25
CU MB?. RLANG COUNTY
P'P1441 SYLVAN, IA
Case Number
2012-3999
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 Marvin Window & Door Showplace, Inc. is returned not served per request
from Attorney Elizabeth J. Goldstein.
SHERIFF COST: $28.45 SO ANSWERS,
June 29, 2012 RON R ANDERSON, SHERIFF
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. /off `399?
vs.
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
PENNSYLVANIA RULE OF CIVIL PROCEDURE. 236 NOTICE
Notice is hereby given that a judgment in thjabov apti d m has been ent d
against you on "e- cap 2012Prothonotary
By:
Deputy Prothonotary
If you have any questions concerning the above, please contact:
Elizabeth Goldstein, Esquire
Dilworth Paxson LLP
112, Market St., Suite 800
Harrisburg, PA 1!.7101
(717) 236-4812
93663391