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HomeMy WebLinkAbout12-4000IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. p: vs. pit = MARVIN WINDOW & DOOR SHOWPLACE, INC. ?i uc? ENTRY OF APPEARANCE CONFESSION -? OF JUDGMENT Pursuant to the authority contained in the Promissory Note dated April 4, 2005, 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: $105,470.36 Interest as of March $ 242.28 26, 2012: Loan Admin Fee $ 200.00 Legal Fees $ 3,000.00 Total $108,912.64 Dilworth Paxson LLP By: d 1169, Eliza. eth J. Goldstein, Esquire Attorney for Defendant 0 y?-oo' ter. d4 93891681 3,5'1j `# '; ? -2 7 A `77e *a-LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. j) _ Y000 F VS. N MARVIN WINDOW & DOOR SHOWPLACE, INC. ?? COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pennsylvania Rule of Civil Procedure 2951(b) for judgment by confession and avers the following: 1. Plaintiff is Orrstown Bank, a bank authorized to do business under the laws of the Commonwealth of Pennsylvania with an office at 77 East King Street, Shippensburg, Pennsylvania 17257. 2. Defendant is Marvin Window & Door Showplace, Inc. ("Marvin"), a Maryland Corporation, which does business at 1216 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Marvin Window & Door Showplace, Inc., for good and valuable consideration, made and executed in favor of Plaintiff, Orrstown Bank, a Promissory Note dated April 4, 2005 in the principal amount of $550,000. A true and correct copy of said Promissory Note is attached hereto as Exhibit "A" and made a part hereof. 4. The Promissory Note dated April 4, 2005 was subsequently amended on December 29, 2010 pursuant to an agreement entitled First Amendment to Promissory Note (the note, as amended, is hereinafter referred to as the "Note"). A true and correct copy of said First Amendment to Promissory Note is attached hereto as Exhibit "B" and made a part hereof. 93891682 5. Defendant, Marvin Window & Door Showplace, Inc., owes Plaintiff, Orrstown Bank, the following under the terms of said Note: Principal: $105,470.36 Interest as of March 26, 2012: $ 242.28 Loan Admin Fee $ 200.00 Legal Fees $ 3,000.00 Total $108,912.64 6. Said Note is in default for Defendant's failure to pay principal and interest when due and owing. In addition, by virtue of, among other things, the failure to satisfy a judgment against Defendant after notice and opportunity to cure, the Note is in default. To date, the judgment remains unpaid. 7. Judgment has not previously been entered on said Note in any jurisdiction. 8. There have been no assignments of said Note. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Orrstown Bank, demands judgment against Defendant, Marvin Window & Door Showplace, Inc., in the amount of $108,912.64. Dilworth Paxson, LLP By: r&,/16/ /19", Eliza eth Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 93891682 Exhibit "A" PROMISSORY NOTE l? l;O (?i E;Eete iwaturity Loan o Caa 1 con ACG 1t in W ? References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. " An `item above containing "" has been omitted due to text length limitations. Borrower: Marvin Window & Door Showplace, inc. (TIN: Lender: ORRSTOWN BANK 52-1867994) STONEHEDGE OFFICE 1261 Claremont Road PO' BOX 250 Carlisle, PA 17013-9726 SHIPPENSSURG, PA 17257 Principal Amount: $550,000.00 Date of Nate: April 4, 2005 Maturity Date: April 4, 2012 PROMISE TO PAY. Marvin Window & Door' Showplace, Inc. ("Borrower") promises to pay to ORRSTOWN BANK,("Lender"), or order, in lawful money of the United States: of America, the principal amount of Five Hundred Fifty Thousand & 00/100 Dollars (4550,000.00), together with interest on the unpaid principal balance from April 4, 2005, until paid in full. PAYMENT. Borrower will pay this loan in full Immediately upon Lender's demand. If no demand Is made, subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of 48,287.81 each, beginning May 4, 2005, with , Interest capsulated on the unpaid principal balances at an Initial Interest rate of 6.850% per annum; and 24 monthly consecutive principal and Interest payments in the Initial amount of 48,236.77 each, beginning May 4, 2010, with Interest calculated. on the unpaid` principal balances at an Interest rate based on the Wail Street Prime (currently 5.750%), plus a margin of 0.500%, resulting in an initial interest rate of 6.250%. Borrower'si finial payment will be due an April 4, 2012 and will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. Unless otherw(ss agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note Is computed on a 366/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this Note will be 6.850%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wall Street Prime (the "index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lander will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The index currently is 5.750% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates sat forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the Interest rate for each subsequent psyment stream will be effective as of the last payment date of the just-ending payment stream. N0111CE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (81 increase, Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next five (5) years, the Borrower shall be assessed against the amount prepaid, a five percent (5.00%) prepayment penalty. The assessment percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted from this assessment will be principal payments that are generated as a result of operation of the business for which the loan wet extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial Institution. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than is due. Early payments will not. unless agreed to by Lender In writing, relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the. principal balance duel and may result in Borrower making fewer payments.. Except for the foregoing, Borrower may pay all or a portion of the amount awed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due; and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed 'amounts, including any check or other payment instrument that indicates that the payment constitutes *payment In full" of the amount owed or that is tendered with other conditions or limitations or as fun satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 3.500 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or, condition contained in this< Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the PROMISSORY NOTE (Continued) Page 2 commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing: the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the clean which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at Its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (IS) days; or (2) if the cure requires more than fifteen 05) days, immediately initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note If Borrower does not pay. Borrower will pay Lender that amount. This Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify,or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow' Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein: inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated April 4, 2005. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Security Agreement and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial' information, required by the Lender's Original Commitment Letter to the Borrower, on an annual' basis. If the Lender does not receive the required financial information within two hundred seventy (270) days of the Borrower's fiscal yearend, the Lender has the right to increase the Interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender increasing the interest rate charged on this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting; agency. Your written notice describing the specific inapouracy(ies) should be sent to us at the following address: ORRSTOWN BANK, STONEHEDGE OFFICE, PO BOX 250, SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. This Note' is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by taw, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release' any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and several. If any portionof this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED' BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPALBALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONSMAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL PROMISSORY NOTE (Continued) Page 3 BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: AARVIN WINDOW & DO O SHOWPLA INC. Seal? Suss DeRemer, P dent of Marvin Window & r Showplace, Inc. oats mo t.nf w w: s.x aaow' uwJx "-WNW ?M,tlw1. Ins 1M1: wet. u Nyr ?rww. . a? u VG9Y rlnaa:lc m.ar» M17 Exhibit "B" FIRST AMENDMENT TO PROMISSORY NOTE THIS F T AMENDMENT TO PROMISSORY NOTE (this "First Amendment") is made as of Decembe 2010, by and between MARVIN WINDOW & DOOR SHOWCASE, INC. (the '`Borrower") and ORRSTOWN BANK (the "Bank"). RECITALS Lender made a $550,000 loan (the "Loan") to the Borrower as evidenced by the Borrower's Promissory Note dated April 4, 2005 in the stated principal amount of $550,000.00 (the "Note"). The Note provided for 60 consecutive monthly installment payments of principal and interest at the rate of 6.850 percent per annum in the amount of $8,287.81 each, and 24 consecutive monthly installment payments of principal and interest at a rate based upon the Wall Street Prime plus a margin of 0.500% in an initial amount of $8,236.77 each, with a final payment due on April 4, 2010. The Borrower has requested and the Lender has agreed to amend the payment terms and extend the maturity date of the Note 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: 1. Outstanding Balance. Borrower and Lender hereby acknowledge and. agree that the outstanding principal balance under the Note as of the date of this First Amendment is $125,910.22. 2. Interest Rate. The Borrower and the Lender hereby acknowledge, agree and confirm that from the date of this First Amendment and continuing 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 Wall Street Prime plus a margin of 0.500%. 3. Payment. Borrower will pay the balance of the Loan according to the following schedule: 83 consecutive monthly installment payments of principal and interest in the amount of $1,709.74 each beginning January 4, 2011, and one final payment on December 4, 2017 in the amount of all principal and accrued interest not yet paid, together with any other unpaid amounts under the Note; 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 to assure repayment of the amounts due hereunder in 801595.2 substantially equal installment payments of principal and interest based upon an agreed upon eighty- four (84) month amortization. 4. 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. 5 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. 6. 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. 7. 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. 8. 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. 9. Choice of Law. This First Amendment shall be governed by the laws of the Commonwealth of Pennsylvania. [signatures on following page] -2- IN WITNESS WHEREOF, the Borrower and the Lender have each caused this First %mendment to be executed as an instrument under seal as of the day and year first written above. A EST: F° y ATTEST: (SEAL) BORROWER: MARVIN WINDOW & DOOR SHOWCASE, INC. •ft.' By. Susa eReme Sla e, President LENDER: ORRSTO WN BANK B hlCv 41 / W4 &3ef-e o u . Assistant Vice President -3- COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF FRANKLIN Bradley Tanguay, being duly sworn according to law, deposes and says that he is Special Assets Portfolio Manager for Orrstown Bank, Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf, that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief. Bradley Tanguay Special Assets Portfolio Manager Sworn to and Subscribed before me this day of 2012. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christiana R. Timmons, Notary Public Chambersbrrr9 Boro, Franklin County My Commlsston Expires March 3, 2014 Member, Pennsylvania Association or Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. /? G?QDD C 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. (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 93891681 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: EJ. Goldstein, Esquire Attorney for Plaintiff 93891681 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. vs. MARVIN WINDOW & DOOR SHOWPLACE, INC. AFFIDAVIT OF BUSINESS OR COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS 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: f ya- Elizabeth J. Goldstein, Esquire Attorney for Plaintiff Sworn to and Subscribed before me _/62 ?' day of , 2012. Notary ublic COMMONWEALTH OF PENNSYLVANIA Notalial Seal Deborah L. Julian, Notary Public Susquehanna Twp., Dauphin County 14 My Commi?wn Member, Pennftwonla Aseodedon of Notaries Er'71 3 93891681 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 DAUPHIN NO. /,;2 - 40"" 4=-4.w' 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: AG,..,fit' /?? Elizabeth J. Goldstein Attorney for Plaintiff Sworn to and Subscribed before me this Id day of JZL --e .2012. d Notary P lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. ]ullan, Notary Public Susquehanna TWP., Dauphin County My CommW w Expires Oct. 20, 2014 Member. Pennsvlvania Association of Notaries a -4 CD -C tG 93891681 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. 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: 6.A& ,1?1. Elizabeth J. Goldstein, Esquire Attorney for Plaintiff Sworn to and Subscribed before me day of ?? .,.e n , 2012. 'c - /Notary Public COMMONWEALTM OF PENNSYLVANIA Notarial Seal Public Deborah L. Julian, Notary Swquehanna Twp., Dauphin county MY c mission ExPIres OCL 20, 2014 WOW, p@"" wania gssoaation of Notaies C" x 1 ko -< ?n xt 93891681 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 DAUPHIN NO. /a - LY?D 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: 6U4 4,?6 Elizabeth J. Goldstein Attorney for Plaintiff Sworn to and Subscribed before me this day Q? of Ja ...4 , 2012. .,,.f Notary P lic COMMONWEALTH OF PENNSYLVANIA Notarial seal DeWah L. Julian, Notary Public ,? &Mvo-henna 1WP., Dauphin County -} 3b COMMISSloo 50res Oct. 2012014 peitnllNVenla p,ssoclation of Notaries -[ Me 93891681 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. 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, 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 By: 6??Z zl4a Elizabeth J. Goldstein, Esquire Attorney for Plaintiff c c t0 4M --t -< 4 X 93891681 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK VS. MARVIN WINDOW & DOOR SHOWPLACE, INC. ORDER FOR APPEARANCE NO. / D - &4j Kindly enter my appearance for Plaintiff, Orrstown Bank, and enter judgment against Defendant, Marvin Window & Door Showplace, Inc. Dilworth Paxson LLP By: f4w A414. Eliza eth J. Goldstein, Esquire Attorney for Plaintiff 22 -c 93891681 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. /? , Lf Cam' 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 L??oZ?v , 2012. Pro otary .,. By: iC wtol Deputy Prothonotary If you have any questions concerning the above, please contact: Elizabeth J. Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 93891681 S V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ., CIVIL ACTION - LAW N ° ORRSTOWN BANK NO. 12-4000 2 1V d vs. cc f --i MARVIN WINDOW & DOOR SHOWPLACE, INC. >c o Q C-:? ? ` - 4 cn PRAECIPE TO WITHDRAW JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned case "withdrawn". Respectfully submitted, ELIZABETH J. GOLDSTEIN, P.C. ?ka_ By: - - Eliza eth J. Goldstein, Esquire Attorney I.D. #73779 355 North 21" Street, Suite 202 Camp Hill, PA 17011 (717)724-0266 Attorneys for Plaintiff DATED: June 29, 2012 ,u+- ? ? sad a 9523298_ 1 a ?a??yyf 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 21S` Street, Suite 202 Camp Hill, PA 17011 (717) 724-0266 Attorneys for Plaintiff 95232981 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY EE h ?att5ttl' 41{ tatil:Gtt(???<1 ? 1 i t? ?t1? I ?IV?`il.t??P1?`? 1 ?"' 2 JUL -? 3 AM 8.2 5 rUMBERLAND COUNTY C??N?iS°fi_V?N1A Orrstown Bank vs. I Case Number Marvin Window & Door Showplace, Inc. 2012-4000 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 S' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. la - /-/000 vs. MARVIN WINDOW & DOOR SHOWPLACE, INC. PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that a judgment in the above-c tion att s been enter against you on o2b_ 12012. Prothonotary By: Deputy Prothonotary If you have any questions concerning the above, please contact: 9389168_] Elizabeth J. Goldstein, Esquire Dilworth Paxson. LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812