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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW tz?
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ORRSTOWN BANK NO. 2
VS.
SUSAN DeREMER SLAGLE
ENTRY OF APPEARANCE CONFESSION
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OF JUDGMENT "<
Pursuant to the authority contained in the Promissory Note dated May 25, 2001, 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,
Defendant, Susan DeRemer Slagle.
Principal: $691,708.50
Interest March 26, 2012: 2,166.12
Loan Admin Fee 200.00
LegalFees 3,000.00
Total $697,074.62
Dilworth Paxson LLP
By: Jaw.
Eli beth Goldstein, Esquire
Attorney for Defendant
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93958091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS
CIVIL ACTION - LAW
ORRSTOWN BANK NO. 12 . WOR
vs.
SUSAN DeREMER SLAGLE
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:
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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 Susan DeRemer Slagle ("Slagle"), an adult individual last known to
reside at 8 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania.
3. Defendant, Slagle, for good and valuable consideration, made and executed in
favor of Plaintiff, Orrstown Bank, a Promissory Note dated May 25, 2001 in the principal
amount of $1,050,000. 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 May 25, 2001 was subsequently amended on June
30, 2003 pursuant to a Mortgage Note Modification Agreement and on August 10, 2006 pursuant
to an agreement entitled Change in Terms of Agreement (the note, as amended, is hereinafter
referred to as the "Note"). A true and correct copy of said Mortgage Note Modification
Agreement and First Amendment to Promissory Note are attached hereto as Exhibits "B" and
Exhibit "C" respectively and made a part hereof.
93958092
5. Slagle, owes Plaintiff, Orrstown Bank, the following under the terms of said
Promissory Note:
Principal: $691,708.50
Interest as of March 26, 2012: 2,166.12
Loan Admin Fee 200.00
Legal Fees 3,000.00
Total $697,074.62
6. Said Promissory 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 despite notice and an 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 Promissory 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, Susan
DeRemer Slagle, in the amount of $697,074.62.
Dilworth Paxson, LLP
By: Za,??
Eli Beth Goldstein, Esquire
Martin J. Weis, Esquire
Dilworth Paxson LLP
112 Market St., Suite 800
Harrisburg, PA 17101
(717) 236-4812
93958092
Exhibit "A"
PROMISSORY NOTE
e Loan C Qoll A+ unt
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.
Any Item aI56va.corWrlh '"" has been omitted due to text length limitations.
BorroWer: SUSAN DEREMER SLAGLE
1261 CLAREMONT RD.
CARLISLE, PA 17013
Lender ORRSTOWN BANK
WLYER SPRING OFFICE
3 BADEN POWELL LANE STE1
MECHANICS! UR0,.'PA 17050
Principal Amount: $1,050,000.00 Date of Note May 9, 2001
Maturity Date: November 25, 2021
PROMISE TO PAY. BUSAN DER1 MER SLAGLE ("Borrower") promises to pay to ORRSTOWN BANK ("Lander"; or order, In lawful money of
th united States of America, the principal amount of One Million Fifty Thousand & QM 00 Dorlera ($1.050,000AD)4 together with Interest on the
unpaid principal balance from May 25, 2001, until paid In full
PAYMENT. Subject to any payment changes resulting from changes in the Index, Swower *111 pay this loan on demand. Payment In full lit
due Immediately upon Lender's demand. If no demand Is made, borrower will pay this loan In accordance with the following psymert
schedule: 6 monthly consecutive interest payments, beginning June 25, 2001, with Interest calculated on the unpaid principal balances at an
Interest rata of 8.000'!6 per annum; 48 monthly consecutive principal.and interest payments in the Initial amount of $8,78262 sae bodtli iog
December 25, 2001, with Interest calculated on the unpaid:pdnc4* balances tt an Interest rata of &ODD% per annum; 191 monthly ooftMouOve
Wincipal and interest payments In the Initial amwuM- of 08,386 Dt3 each, b rig Dooember 25, 2005, with interest catculetted on the unpaid
principal balan4es at an interest rata based on the CL-WALL SIROM PRIW' (currently 7 MM), resulting In an Initial interest rate of 7,000%;
and one principal and Interest payment of $8,33722 on November 25, 2021, with Interest ca lcutetod on the unpaid principal lances at aft
Interest rate based on the CL-WALL STREET PRIME (cunerrHy 7.000%), resulting In an atkial Irrtptaet rate of 7,000%. This estimated fkW
payment Is based on the assumption that all payments will be made exactly as adveduted and t,,a %a Index does not change; 0mactuat final
payment wilt be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise
agreed or required by applicable law, payments will be applied first to accrued u%mtd Interssd then to principal, artd any remaining amount to
any unpaid collection, costs and Iota charges_ The annual lrrtergat rate= for this Kota is computed on a 30/210 !feats; that is, by eppIyktg?the
ratio of the annual interest ralte ova' s ar of 360 days, multiplied by the ovtston+ding prhvcfpaf balance, multipl, ied by the actual numbbr of
days the principal balance is outistwu g. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may
designate in w *Q.
VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from ftme to time based on changes In an independent index which
is the Wall Street Prime (ths "Index'). The Index is not necessarity the loweal. rate charged by Lender on tts loans. If the index becomes unavailable.
during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current index rate upon
Borrower's request. The Interest rate change will not occur more often than each stay. Borrower understands that Lender may make loam based on
other rates as well. The Index currently Is 1_000% per annum. The kitareat rate or rates to be applied to the unpaid principal ba -of thts
Note wilt be the rate or rates set forth herein in the 'Payment, section. Notwithstanding any other provision of this Note, after the first
payment stream. the Interest We for each subsequalt paymw4 stream will be effective as of 'the last payment date of the just dtog
payment stream. NOTICE: Under no ckcumstances will the interest rate on this Note be more Breit the maximum rate allowed by applicable law.
V Lever increases occur in the interest rata, Lender: at As option, may die one or more of the following: (A) incrame. Sorrower's payments, tD emure
e wer's load will pay off by as original final maturity dste, (B) increase Borrowers payments to cover acoming interest, (C) increase the number of
Borrower's payments, and (D) continue Borrower's payments atThe"same aMorxtt and Increase Borrower's 6nalpayment.
PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the followringprepayrrierd penMtyz Should Borroww prepay 811
or any amount of principal during the next four (4) years the Borrower shall be assessed agdnst the amount prepaid, a four parceirit (4.W%)
prepwriient partalty, The assessment percentage shall dser'emia one putt (M%) per annum to par. Lender acknowledges Oat oxc"ed
tmn dft mieasst oil: will be principal payments that are generrAo *a,a resuit of opealiton of the buskwom fbr wtttrlt the loan was extwide&
t3pertflra+ay root excepted will be any prapaymo nts ger?enited as a result of -a"ring at any other f#nancial InathuWn. Exospt for the
fsiregottrg, $orronrar maY lay aft or a portion of the amount owed awltw then b due EarlYpaiyments wifi;nok unless agr"d to tit Lontiar In
wrWjg, rgltive, Borrower or B+orroWer's obtiption to contiriue"to make pxymente, undw the payment adladuie. Rather, they will mdues the
prinolipat balance due and may result In Borrower ma fewer payment*. . Except for the totego}ng, Sore m m+W pay off or 8.portian?ofO
amount owed estdien then It is due, tarty payments I not, unto" agreed to Lender In wrOV, r6gave Burrower of Sorrowees obllgabPrt to
continue to make payments under the payment schedule, bather, early poytnor is will. reduce the prBXW bataAw due and may result In Borrower's
retaking fewer payments. Borrower agrees not to send Lender paymtts marked 'paid in tWP, *Yftout reeoitlee', or similar tariguage. If Sorrowr
sands such a payment, Lender may accW it without loshig any of l enders rights wider this We, and Borrower will remain aMl9aW W pay any
further amount owed to Lender. All written contmtxtications concern" disputed amounts. vrotuding any check or other payment instrument that
it d mixes Umt the payment constitutes `payrnent In full" of the amount owed or that is tendered with Dater condi`t ne or limitations or as fbll safisfactkin
of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257.
LATE CHARGE. It a payment is 16 days or more late, Borrower will be charged 5,000°/6 of the regularly scheduled payment or $60.00, whichever Is
greater.
iNi OWST AFTER DEFAULT. Upon defaut4 holudktg fallur+e to pay upon final rriatU.si'rty, ftte tDtal sum due eider this Note Will bar interest from the
date.af a eration or maturity at the variable Interest rate on this Note. The interest rate will not exceed the maximum reite permttled by applicable law.
IWAULT. Each of the following shall constitute an event of default (*E vent of Default') under this Note:
Payrn"t woutt. Borrower falls to make, any payment when due"under this Note.
Other Defaults. Borrower fails to comply with or ta. peftro any other, term obligation, cot*tant or condlSon conUWied in this Note or in any of
the mlatad documents or to comply with or to perform any term, obf gation, covenant or condition contahed in any other agreement between
Lender and Borrower.
Faire $Werherda? Any warranty, reprasentdtIcp or statement trade or famished to L.enctor by Borrower or on 6brrower's bMwff under this
<i
or ties related documents is false or misleading tit any material raspeet, either now or at the time made or fumished or becomes false or misleading'
at any time, thereafter.
I7"#dh or Insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a gornp business. the Insolvency of
Sorrotaser, the appointment of a receiver for any part of Borrower's property, any asaWnment for the benefit of creditors, any type of creditor
workout, or the commencement of any proC@edpg under any bankruptcy or Insolvency laws by or against Borrower.
PROMISSORY NOTE
(Continued) Page 2
Creditor or Forfeiture Frooeedings, Commencement of foreclosure or 'forfeiture proceedings, whether by Iue#cial proceeding, self-help,
repossession or any other methods by any creditor of Borrower or by any governmental agency against any oxiltateraf securing the loan. This
Inckides a,gamishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall, not apply If
there, is a,gbodfailh dispute by Borrower as -to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and N Borrow gives (.ender written notice of the creditor or forfeiture proceeding and deposits with Lender monles or a surety bond for the
creditor or *xfd1W(0 proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute-
i rots Alf w ing Ou tour. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies
oebecoam ir%ogx tent, or revokes or disputes the validity of, or liability under, any guaranty of the kxlebtedness evidenced by this Note, In the
every 4a death, Lender, at its option, may, butshall not be required to, permit'the Guarantor's estate to assume unconditionally the obligation&
arising under the guaia* in a manner satisfactory to Lender, and, in doing so, otm any Event of Defautt,
Adverse Chnige. A matwiai adverse orange occurs In Borrower's financial. condition, or Lender believes the prospect of payment or
perlormanos of itrf Note Is iirr kl%i
Insecurity. Lender In good faith believes itself insecure.
Cure Prov ifs. If any defoutt, other than a datauft in payment is curableand If Borrower has not been given a notice of a breach of the same
pr®Vfsltm of this Note within the ptecectiirtg twelve (12) months, it may be cured (and no event of dalautt will have occurred) if Borrower, after
WelWg wrIW notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires
more Om fifteen (IS) Hays, immediately Initiates steps which Lender deems .in tender's sole discretion to be sufficient to cure the default and
thereatter 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 taw, 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, LuKler may hire or pay someone else to help court this Note If florrower does not pay. Borrower Wilk pay Lender`
that amount. This Incl des, xub(ect to any limits under applicable law, Lender's ,attorneyz; fees and Lender's legal expenses, whether or not there is a
lawsuit, ft0ft stwosys' fees, etcp9nses for barumotcy proceedings (including efforts. to modify or vacate any automatic stay or inlur,ctlon), and
appeals. if not pt N)W'by aappicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
RfGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Bortower% arcounts with Lender (whether
checking: savings, or-sorne oftw acc9unO. This ktaludes all accounts Borr0vftr holds )ohlty with someone else and allwoounts Borrower may open In
the future. However, this,does not include any IRA or Keogh accounts, or any bust accounts for which setoff would be, prohibited by law, Borrower
authorizes LerWa , to tfw extent permitted by applicable taw, to charge or setoff al sums owing on the kukbi e s sWWM 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 a Mortgage stated May 25, 2001, to Lender on real properly described: as 'Real
Property ktcated at IWI CLAREMONT RD., CARLISLE, PA 17013' and located In OUMBEALAND County,-Commortweatth of Pennsylvania, all the
terms and conditions of wrttk h are hereby incorporated and made a part of this Note; an Assigniment of All R" to Lender on real property -described
as 'Real Property located at 1261 CLAREMONT RD., CARLISLE, PA 17013' and boated in CLIMBER AND CoLv*, CAmmonweWth of Pennsylvania, all
the terms and conditions of which are hereby Incorporated and made a part of this NoW a Mortgage dated May 25.2001, to Lender on real'propef y
described as 'Reaf Property located at 37 HAMPTONS LANE THE PRESERVE, NORTH BETHANY BEACH, DE 19930" and located in SUSSEX
County, State of Delaware, all the terms and conditions of which are hereby incorporated and made a part of tI is Note; a Mortgage dated May 25,
2001, to Lender on real property deserter! as 'Real Property located at 309 HOCK"SVILLE RD,. KOSHEY, PK &W located in DAUPHIN County,
Commomveaflh of Powsyh!artta, all fits terms and conditions of which are twoby lrtcog0ated and made a part ofthls Nate; and an AssigtwvOt.of All
Rents to Lerxler on neat property described as 'Real Property located at 309 HOCKF.RS'ViLLE RD., HERSHEY, PA" and located in DAUPHIN County,
Commonwealth of Psnnsy1vw1a4 all the tears and conditions of which are thereby Incorporated and made a part of this Note.
PROPERTY INSURANCE. Borrower understands #W Borrower Is requked to obtain insurance for the coMtterat securing this Notre f=urther information
concernkig. this retlt**rterrt Is setfortit In the Mortgage and in the Agreement to Provide Insurance, ail 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
outer ftlnaneial WomwWoL required by the Lee's Original Commitment Letter to the Borrovrer, on an it uial basis. If the Lender does- not receive the
mired financial kftTf*Wn within two hundred seventy (270) days of the Borrower's fiscal year and, the Lander,he& the e0t to increase the Interest
rate charged on this Note by 0255x. The-Borrower shall receive written notification ten (10) dos prior to the Lender Increasing the Interest rate charged
-- omits Note.
SUCCESSOR INTERESTS. The terms of this Note shall be bincrM upon Borrower, arty! upon Borrower's helm, personal representatives, successors
and assigns, and shall Inure to the benefit of tender and Its successors and assigns,
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please.nottiy us 4 we report " inaccurate
Informotim about your accots*) to a cafnsumar reporting agency. Your wrtitm notice describing the sped i naccuiwAies) should be sent to us at
the fotlowtng address: ORRSMWN BANK P.O. 13OX 250 SHiPPENSBURiC, PA 17257
GENERAL PROVISIONS, Thlsfbtels pay" on demand. The inclusion of specific default provisionsor rights of Lender shall not predude Leader's
fight to declare pwyment of title Note on it's demand. Lender may delay or forgo enforcing any of its or rerrterzlles under this Note vrithout losing
uteri Borrower artq arty other person who signs, guarantees or endorses this Note, to die extrlnt AlIgwed by 1my, warvs praseritment, demand for
pent. and trop cd dishpnor. Upon any change in the terms of this Note, and unless otherwise.ekl f stated in writing, no party who signs this
Note, wttww As trleker. VAwtor, aocommodathn maker or endorser, steak be released from 4" All such pitches agree that Lender may renew
or exterxi (rapea" and for any length of tinw? this loan or release any patty or guarantor or cameral; or Impair, fat to reaNte upon or perfect
Lender=s socu* Interest In the colater4 and take any other action deemed necessary by Lender withouttha con*wK of or notice to anyone. All such
parties also agree that Lender may modify this ban wifhnut the consent of or notice to arryone other than the party with whom the modification is made.
The obikja%m under fftts Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it Wpl not affect the
en0meabilky of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND WPOW RS ANY ATTORNEY OR THE PROTHONOTAERY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELseAw e. TO APPEAFI AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDEA THIS NOTE AND WITH OR 'WITHOUT COMPLAINT FILED. CONFESS: OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRiWAPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LA'T'E. C 1HARC3ES;AND ANY AND ALL, AMOUNTS EXPENDED OR
ADVANCED BY' LENOE.R RELATING TO -ANY COLLATERAL SECURING THIS NOTE, TOGETHER W", COSTS OF SUIT, AND AN ATTORNEYS
OOMMISSIONI OF TEN PERCENT (10°x) OF THE UNPAID PRINCIPAL BALANCE AND ACt AUED INTEREST FOR COLLECTfON, BUT IN ANY EVENT
NOT LESS THAN WE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
PROMISSORY MOTE
(Continued)
Page 3
IMMEDIATELY; AND FOR $O DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALT. $E SUFFICIENT WARRANT. THE
AUTHORITY GRAKTI=D IN TMIS 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. BO RROWE13 HERMY WAIVES ANY RIGJiT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND 3TATE?S THAT EITHER A REPRESENTATIVE OF LENDER SPECC WALLY CALLI~A THIS CONFESSION OF
JUDGMtE 4T PROVISION TO BORFIOWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENop-NT LEGAL COUNSEL
PRIOR• TO SIGNING THIS NOT1E, BORROWER fMW AND UNDERSTOOD ALL THE PROVISIONS OF TMS NOT , INCLUDING THE VARIAELE
INTEREST RATE PROVISIONS. 06111ROWM AGREEST'O THE TERMS OF THE NOTE,
130FIROWM ACKNOWL $ II 1GMPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
TAUS NOTE IS GIVEN TIN UAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL. CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCdFONG TO LAW
SIORROWER;
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it+,#e!(l?ifuswM. ?tw:tu5rkiw+sAewcfli?ipra5let?v.7loor: - ?_ ?_,1i1'.. 'nf4??a Min
Exhibit "B"
ADAGE IN TERMS AGREEM[ 1
Principal Amount: $917,397.61'.
Date of .Agreement: August 10, 2WO
Maturity Data: November 25, 2021
DESCRIPTION OF `EXISTING INDEBTEDNESS. Promisorry Note dated May 25, 2001 In the;original amount of $1,050,000,00.
DESCRIPTION OF COLLATERAL. Mortgage, recorded May 25, 2001 In Book 1714; Page 137 and a Mortgage recorded 5-25-01, in Book X8$0,
Page 136.
DESCRIPTION OF CHANGE. IN MM $. The original interest rate of 8.00% that was lbxed until November 25, 2005 as referenced in the original
note dated May 25, 2001 aEnd:mmodifledon June 27, 2003 to a rate equal to the Well Street Journal Prime Rate Mus 0.60%. Effective August
25, 2006 the interest rate shag be, oiddifled,again to a fixed rate of 7.50% for the next 60 months; the monthly principal and interest payments
will adjust to reflect the new rate. Beginning August 25, 2011, interest shall revert to a floating rate equal to the Wall Street Journal Prime mate
plus 0.50%.
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. T'he assessment percentage shall decrease one percent 0.00%) per annum to par. Lender
acknowledges that excepted from this assessment will be principal payments that are generated as a result of operstion of the business for
which the loan was, extended, Specifically not excepted will be any prepayments generated as a result' of a refirlomtng at any other financial
.institution. Except for the foregoing, Borrower may pay alt or a portion of the amount owed earlier than is due. Early payments will not, unless
agreed to by Lender in writing, relieve Borrrower' or $orrower"s obligation to continua to make payments under the payment schedule. Rather,
they will reduce the principal balance due and may result in Borrower making fewer payments. .
PAYMENT. Borrower will pay this loan In fur>Immedlately upon Lender's demand. If no demand Is made, subject to any payment chanig"
resut*V from changes In the Index, Borrower will pay this loan in accordance with the following payment schedule., 60 monthly consacufte
prklclpai and Interest paymnantta In the Inltiei amount of $8;513.06 each,. beginning September 26, 2006, with'Interast cx Wated on the unpaid
principal balances at an k* W discounted interest rate of 7.'SW% per annum; and 123 monthly consecutive prNm*W aryl Interest payments 4n
the initial amount of $9,004.68 each, beginning September 25, 2011. with thfe "t dated on the unpaldl prlt?pal bey w" at an interest
rate based on the Wall Street Prima (aurreritly $,250%h plus a margin of 0,5". resulting in an initial lrvhw* .,`tats of 8,750%. Borrower's
*W payment will be dare on November 26, 2021 and wig be for aA principal and accrued Irterest not yet paid, together wkh, any other urVeld
amounts on this loan. Union otherwise agreed or requtrod'by applicable law, payments will be applied first to atrr aacrumld o npald Interest., than
to principal; then to any unpaid collection costs., 00 than to any late charge;. Interest on tills loan is compaWO an a 3$01360 okvq le Interest
basis; that is, by applyi4tg ttW ratio of the annual interest W* over a year of 360 days, multiplied by the outstanding principal balance, muftipfibd
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 deabgnate in writing.
VARtA8LE WMEST RATE. For the first 60 payments, the interest rate on this loan will be 7.500%. Thereafter, the lntdrost tAte on this loan
10 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 substhute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate chhrigs
will not occur more Often than each day. Borrower un $oratands that Lender may make loans based on other ractea as well. The index currar0*
is 8.250% per annum. The interest rate or rates to be applied to the unpaid principal balance during this loan vOR be the rate or rates. set forth
herein in the "Payment" section. Notwithstanding any other provision of this Agreement, after the first payment stream, the Interest rate for
each subsequent payment stream will be effective as of the last payment date of the just-ending payment strearn. NOTIM, Under no
circumstances will the interest rate on this loan be more than the maximum rate allowed by applicable taw. Mtherwavar Increases occur in the
Interest rate, Lender, at Its option, may do one or more of the following; (A) Increase Borrower's payments to ensure Borrower's loan will pay
off by its original final maturity date, (B) Increase Borrower's payments to cover ;accruing Interest, (C) increase the number of 'Borrower's
payments, and (0) continue Borrower's payments at the same amount and Increase Borrower's final payment.
PREPAYMENT PENALTY. Upon prepayment of this Agreement, bender is r+rltl4sd to the following prepaymon per*W ShWW Borrower peep ay
of or any amount of princilpell durirnpl the next five {5) yom. the Sommer shall br assessed agalo tt tha amount pr?epafd a five percent (5,0096)
prepayment patty. The assessmentparcantage shall decrease one percent (1.00%f per annum to per. Lender aolcnowlpdgea'that excepted
from thk e#essment wig be primal peymorits that nee generated as a result of olwWon of the buskwm for wbkh the Joan wise etctrinded.
Tpa y not excepted will he any prep*Wrwrtu generated as a result of is ra ring at any other fk*r*W lmnft4lon, F:xe" for the
foregoing, Borrower may pity all or a portion of the amount owed earlier than is due. Early payments wN nom nn Bess ergread to by'Lender In
•
wrhirt9, relieve Borrower or Borrower's otiflgation to comirgme to make paynwvts aWor the payment schedule. Rattner, they will reduce the
principal befam# due and nW rssoft In Borrower making fewer payments.. Except for the foregoing, Borrower may pay PA or n poroorr of the
artrount owed obrAer than it is due. Early payments will not, unless agreed to by Lender in writing, relied Borrawrir 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 aintller
language. If Borrower sends such a payment, Lander may accept it without losing any of Lender's rights under thba Agreement, and Sonvwer
will remain obligated td pay any further amount owed to lender. All written communications concerning disputed amounts, including any check
or other payment instrument that indicates that that payment cornet Uaft "payment in full" of the amount owed or that is tendered with other
conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to, ORRSTOWN BANK, 77 EAST KING
3TREEf, P.O. BOX 250 SHIPPENSBURG, PA 17257.
LATE CHARGE. if a payment Is 16 days or more lane,. Borrower will be charged 5.000% of the ragobtly scheduled payment or *5040,
whichever is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to, pay upon final maturity, the interest rate on this loam shall be Increased by adding
a 3,000 percentage point margin ('Default Rate Margin"). The.Defeult Rate Margin shall also apply to each succeeding. interest rate aharmge that
would have applied had there been no default: After maturity, or after this loan would have matured had there been no default, the Default Rate
Margin will continue to apply to the final interest rate descrlbred In, this Agreement. If judgment Is entered in connection with this Agreement,
Borrower; Susan-6 Dererner-I lender: bRRSTOWN BANK
8 foxfbeld Court 77 EAST KING STREET
Mechanicsburg, PA 17055 F O BOX 250
SHIPPENSBURG, PA 17257
MANGE IN. TERMS AGREEME v T.
Loam No: 26375000001 (ContinUrE d) Page 2
ttttarestt will continue to accrue after the data of judgment at the rate in effect at the time udgnitent'Is, entered. Hayirever. to no event will the
thterestrate exceed the maximum interest rate'nmitaticns under applicable taw.
DEFAULT. Each of the following shall constitute an Event of Default under this Agreement:
Payment Default. Borrower toile to make any payment when due under the Indebtedness.
Oaten Detain. Borrower falls to corrcply with or to perform any other term, obligation, covenant of condition contained 4n this Agreement:
or to any of the Related Documents or to comply with or to perform any `term,; obligation, t2li O or condition contained in any other
agreement between Lender and Borrower.
FQN State"lants. Any warranty, representation Qr staitoment made or furnished to Lender by Borrower or on Borrower's behalf under this
Agree"*'M or the Relpted Documents is false or misleading In any material respect, either now or at the time made or furnished or become#
false or misleading at any time thereafter.
Death or Insolvency. The death of Borrower or 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 assigrtmertt for the banefit of creditors, any type of
creditor workout, or the 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 govemmental agency against arty collateral securing the
indebtedness. This includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event
of Default shall not apply ft then! Is a good <falth dispute by Borrower as to the validity or reasonableness of the, dotal which Is the basalt of
the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and'daposita with
Lander 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.
Even$* 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 Nate. in the event of a death, Lender, at its option; may, but alkali not be required to, permit the Guarantor's estate to
assume uncondltiorrWthe obligations arising under the guaranty in a manner satisfactory to Lender, and, In doing so, cure any Event of
Default.
Adverse Change. A material adverse change occurs In Borrower's finaddial condition, or Lender believes the prosMa of peymgnt or,
performance of the indebtedness is Impaired.
Insecurity. 'Lender in good faith believes Itself insecure.
Cure Provisions. It any default, other than a default In payment Is curable and If Sorrovwer has not been given a notice of a breach of -the,
same provision of this Agreement within the preceding twelve 41 2) months, It itty be cured If Borrower, after receiving written notice from
Lender demanding cure of such default. (1) cures the default within fifteen (16) days; or (21 if the cure requires mars than fifteen1161
days, irtnnled(ataly Initiates steps which Lender deems In Lender's sole discretion to be sufficient to curt} the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
t lei gnu & PJG TS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance Under this Agreement and all accrued unpaid Interest immediately due, and then Borrower will pay that mount,
ATTORWYV FM; EXPENSES. Lender may hire or pay aomeone else to help collftt tlvs Agreement If Borrower does not pay. Borrower W14
pay Lender that mount. This includes, subject to arsy lim is under apptteab a law, Lerdor's attorneys' `fees and Lender's legal ulcpenees,
whether or not there Is a lawsuit, Including attorneys' foes, expenses for bankruptcy proceedings kincluding ef(Grw to modify or vacate any
autonu do stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court coo", In addition to all other
sums provided by law.
,JURY WAIVER. Lender and 06novesr hereby waive the tight to any jury trial in any action, p"x*edh g, or eowiker `brought by ei w L~
,or Borrower amt the other.
.iilQW OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of seWff in all Borrower's accowM with Lander (whether
checking, savings, or some other account). This includes all accounts Borrower hakta jointly with someone else and oil accounts Borrower may
opts in -the'future. However, this does not Include any IRAs or Keogh accounts, or any InAt accounts. for ~ setoff would be prohibited by
law. Borrower authorizes Lender, to the extentpermltted by applicable law, to charge or setoff all sums owing call the indebtedness against any
and all such accounts, and, at Lender's option, to administratively freeze all such accounts to #now Lender to ptutmiLendar's charge and setoff:,
tights provided In this paragraph.
COLLATERAL. Borrower acknowledges this Agreement is secured by the following collateral described in the secuthy Instrument listed hetains It
Mortgage dated August 10, 2006, to Lender an real property located In County, Commonwealth of Pennsyhrania.
PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain Insurance for the collateral securing this Agreement. Further
information concerning this requirement Is set forth In the Mortgage and in the Agreement to Provide Insurance; aH ft terms and conditions of
which are hereby Incorporated and made a part of this Agreement.
CONTITWI NG VALIDITY. Except as expressly changed by this Aareetnsnt. the terms of the originat obligation or obligations, including all'
agreements evidenced or securing the obligation(s), retrain unchanged and In ftM force and effect, Consent by Lander to this Agreement does
trot waive t gndar'a right to strlGt performance of the obiigattontsl as changed,. rior.o eta Lander to make any fuit?tre c#fArw In terms. Nothing.
In this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lanier to retain as liable parties all makes and
epdorsers of the original obligation+ts). Including accommodation patties, unless, a party,[* a aly`released by Lander in writing. Arty milker or
endorser, Including acsommodatfon makers, will not be released by virtue of this AgrednTant. If any person who elgtrttd #* original obligation
does not sign thin Agreement below. than all persons stgning below acknowledge that this Agreement is given cemdhWally, based on the.
representation to Lender that the nort4Wning party consents to the chanagaa and provisions of this Agrearrtertt-or ottterwiso win not be relsa aad
by ft. This waiver applies not only to any Initial extension, modification or-release, but also to all such subsequent actions.
$_UCCESSOfi MITERESTS. The terms of this Agreement-shall be bk WkV upon Borrower, and upon Borrower's heirs, personal representath",
successors, and assigns, and shall be enforceable by Lander and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WEAEPORT TO CONSUMER REPORTING ARENCIIES. Please potify us If we report any irraiocuram-
Information about your accountlsl to a consumer reporting agency. Your written notice describing the specific hwocuracy(ies) should be sent to
us-at the following address: ORRBTOWN BANK, 77 FAST KING STREET, P' Q BOX 260, SHIPPENS$URG, PA 17257.
1419MLANW11S, PROVISIONS. This. Agreement is payable on daaa`aand. The Inclusion of specific default provisions or fhts of Leader shall not
U ANGE IN TERMS AGREEMEN
Loan No: 26375009001 (Continued) Page 3
preclude tender's right tD declare payment of this Agreement on its demand, If any part of this Agreement cannot be enft>rced, this fact will not
affect, the rest of the Agreement. Lender mey delay or forgo enforcing any of Its rights or remedies under this Agreement without losing therm.
Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand
for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no
party who signs this Agreement, 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, fai3 to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without
the cooeaatt of or notice to anyone. AN 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 modication is made. The obligations under this Agreement are joint and several. If any portion of this
Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement.
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 80RAOVVER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST BORRO FA FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE
CHARD S .AND ANY AND ALI, AMOUNTS EXPENDED OR ADVANCED BY LENDER, RMATING TO ANY COLLATERAL SECURING THE
INDES'tIQNIESS, TOGRT TER VVttH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT tla%) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LM THAN FIVE HUMMED DOLLARS (0500)
ON WHICH JUDGMENT OR .1UDOMENTS: ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO' GOING THIS AGREEMENT
OR A COPY OF THIS AGAREVOiP1 VERIFIED BY AFFIDAVIT SHALL BE SUFFtQEKT WARRANT. THE AUTHORITY GRANTED IN THIS
AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAOSTE0 OY ANY EXERCISE OF THAT AUTHORITY, BUT
SHALL CONTINUE FROM TIME TO. TIME: AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE LINM THIS AGREEMENT.
BORROWER HEREBY WANM -ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN COW46C 1QN WITH ANY SUCH
GONF DN OF JUDG ANT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CJ1U= THIS CONFESSION QF
.IUDGOWT PROVISION TO 80RRdMR'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL
PRIOR TO SIGNNYG THIS AGREEMENT. BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT: INC4UpING THE°
VARIABLE I.NMEST RATE PROV04OMNS.. ' BORROWER AGREES TO THE TERMS OF THE A0Rmmr;NT.
Tf" AGREEMENT IS Efft UNDER SEAL AND IT IS INTENDED THAT TIMS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE 7111E
EFFECT OF A SEALS WOMUMEMT ACCORDING TO LAW.
BORROWER:
?J. -; ' ? {Seal}
.UAp?+wl9ii.?r?w w: s.u.m:LOg Ch+• Kr?r,+'tti+wrw s++iav, era »sr, ?px ?M?iw..orri. +x .a?wpgpe:rt ? ?vn m
Exhibit "C"
MORTGAGE NOTE MODIFICATION AGREEMENT
Loan # 26375009001
MADE this 30'' day of June 2003,
BETWEEN ORRSTOWN BANK, a Pennsylvania banking corporation, hereinafter
referred to as "ORRSTOWN",
AND Susan. Deremer Burgle, hereinafter referred to as "Borrower", Robert L
Slagle and LightStyles LTD, hereinafter referred to as "Guarantor".
WHEREAS, Orrstown is the present holder of a certain mortgage note between
Orrstown, the Borrower and the Guarantors to secure the original sum of $1,050,000.00,
dated May 25, 2001.
WHEREAS, the Borrower and Guarantors have asked Orrstown to modify the
terms of said mortgage note, and
WHEREAS, Orrstown has consented to modify the terms of said mortgage note
under the terms hereinafter set forth.
NOW9 THEREFORE, WITNESSETH that the parties hereto, intending to be
legally bound hereby, agree as follows:
The parties hereby agree to modify the terms of the aforementioned mortgage
note as set forth on Exhibit A attached hereto and made a part hereof.
2.
All the terms, conditions, stipulations and prohibitions contained in the
aforementioned mortgage note not consistent herewith are to remain in full foree and
effect and are hereby ratified and affirmed.
3.
This agreement shall extend to and be binding upon the respective heirs,
executors, administrators, successors and assigned of the parties hereto.
-1 a 147vvvvv A, VV.W VVJ
IN WMNM WHERWF, the parties hereto hm lu tno-o t th* bands and
sects the day, monih sud yaur aftaWd,
AL elk. ORRMWN RANK
'lid
Aeat.
Vloa denWiba SORR
AZI,ZA
Emit A
Tha CdObW rata of 9,00% fixed for the ft :4 matbo of Ow 40% awl
modiw to 0 floxdq rata N* to the Wau Bt w;0un t Prime Rft + vj% unt the
ma lty doft of the said rate refamod hachL The wwly r ape rata ehaU UWA on
the dare of tbie Moftcadou taA and pgymwts al t to raflaat the vv 1w,
No other tMu $ad conditions of tt motcoe note shalt bo aged.
CORPORATE ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA :
COUNTY OC44mj x SS
On this the_& 77 "day of , 20al, before me, a notary public,
personally appeared Jeffrey S. Gay who acknowledged himself to be the Vice
President of Orrstown Bank, a corpo on, and that he as such Vice President, being
authorized to do so, executed the foregoing inst unent for the purposed therein contained
by signing the name of the corporation by himself as such Vice President.
In Witness Whereof, I have TMIG) set my hand and official seal.
__ N P c
NOWNSW
Par ?M 4 Kuwv* NoWyr ROO
MYCMW**WE: Sept 18,20%
MWbW. PW#W#S* A"O**n OF WoWM
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA
COUNTY OF Cumberland
: SS
On this the day of 12043, before me, a notary public,
personally appeared Susan 7mer Slagle and Robert L. Slagle, known to me or
satisfactorily proven to be the ns whose names are subscribed to the within
instrument and acknowledge that they executed the same for the purposes therein
contained.
In Witness Whereof, I hereunt y hand and official seal.
wr.
Z2
Notary lie
Ml? 20MY
Menrbar eylvarie
A"OcWm Of Noft&s
A AN
CORPORATE ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA
COUNTY OF Cumberland
SS
On this the, ;k day of ??Og, before me, a notary public;
personally appeared Robert L. Slag rh
nowledg
ed himself to be the President of
LightStyles LTD, a corporation, an s such President, being authorized to do so,
executed the foregoing instrument for the purposed therein contained by signing the name
of the corporation by himself as such President.
In Witness Whereof, I have
NoWNS d
PM*aJ. Kuen*, NoWy Peso
S0A &%*$"MTwp., CtNt*W nd County
w 0Mvr"M S8PL t8, 2t w
Member, PennsyhBR-8AwosWOnofd
he o set my hand and fficial seal.
blic
.
MODIFICATION FEE
A fee of Five Thousand One Hundred Dollars and 001100 Cents ($5,100.00) shall be paid
to modify loan # 26375009001
t 0r
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
of ?-? -C , 2 12.
Notary Public
Bradley Tanguay
Vice President
COMMONWEALTH OF PENNSYLVANU?
Notarial Seal
Christiana R. Tlmmons, Notary Public
Chambersburq Bono, Franklin County
MY C=ffftsion BVM March 3, 2014
Member, PenwAvania Assoclation of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. f
N ?".
VS. d% @
4c
SUSAN DeREMER SLAGLE
?r• ? ?tn
NOTICE TO HOLDER OF DOCUMENT CONTAINING --4
PROVISION FOR JUDGMENT BY CONFESSION
You are notified that the Prothonotary of Cumberland County is not permitted to enter
judgment on a document containing provision for judgment by confession (other than bonds and
warrants of attorney accompanying mortgages) unless the document is accompanied by an
affidavit suggested form of which is as follows:
PLAINTIFF'S AFFIDAVIT OF DEBTOR'S WAIVER OF RIGHTS
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF DAUPHIN
Elizabeth J. Goldstein, being duly sworn/affirmed according to law, deposes and says that
she is attorney for Plaintiff in the above captioned matter; that at the time of the signing of the
document containing provision for judgment by confession in the said matter, the defendant
(X) (1) Earned more than $10,000 annually,
OR
() (2) If annual earnings are less than $10,000, did intentionally,
understandingly, and voluntarily waive:
(a) the right to notice and hearing;
(b) the right of defalcation, i.e. the right to reduce or set off a claim by
deducting a counterclaim;
(c) release of errors;
(d) inquest (to ascertain whether rents and profits of defendant's real
estate will be sufficient to satisfy the judgment within seven years);
(e) stay of execution (if defendant owns real estate in fee simple
within the county worth the amount to which the plaintiff is entitled, clear of encumbrances);
(f) exemption laws now in force or hereafter to be passed;
93958091
(g) The facts showing such waiver are:
Dilworth Paxson LLP
By:
Elizabeth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me la 0" day
of 92012.
N ary Public
It OF PENNSYLVANIA
COMMONWEAL
Deborah L. JUhan,DaNotay ubhc
?'' ? 20COuntY
.2014
Mernber? ation of Notaries
93958091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. 10-2 - 1149
vs.
REMER SLAGLE
SUSAN D r-
e
a%
AFFIDAVIT OF NON-MILITARY SERVICE
vo
g
COMMONWEALTH OF PENNSYLVANIA: -fi
-,c
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; that the Defendant's last known address was 8 Foxfield
Court, Mechanicsburg, Cumberland County, Pennsylvania; that Defendant's last known
employment was as president of Marvin Window & Door Showplace, Inc..; that Defendant is
over 18 years of age; and not in the Active Military or Naval Service of the United States or its
Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940 and its amendments.
Dilworth Paxson LLP
By: ??? A,?
Elizabeth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me 1,,21-- day
of , 2012.
N tart' Public COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L. Julian, Notary Public
Susquehanna Twp., Dauphin County
6omm10e1on lytp W OCt. 20, 2014
MEfl1 r, WIVSn1b AUoaatlon of Notaries
93958091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. l a - d fQ?
VS.
SUSAN DeREMER SLAGLE
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA: '
SS .c
COUNTY OF DAUPHIN -< n>
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: L lotta
Elizabeth J. Goldstein
Attorney for Plaintiff
Sworn to and Subscribed
before me this 'l`-day
of , 2012.
Notary/Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L. )ullan, Notary Public
s m1uehanna Twp., Dauphin County
My Commission bores Oct. 20, 2014
Member. knnovIvanla Assoclation of Notaries
93958091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO.
vs.
SUSAN DeREMER SLAGLE
CERTIFICATION OF NON-CONSUMER CREDIT TRANSACTION
I certify, pursuant to the penalties of 18 Pa.C.S. §4904 (pertaining to unsworn
falsification to authorities), that this judgment is not being entered by confession against a
natural person in connection with a "consumer credit transaction" as the same is defined in
Pa.R.C.P. 2950.
Dilworth Paxson LLP
Sworn to and Subscribed
before me la day
of 2012.
Notary blic
COMMONWEALTH OF PENNSYLVANIA
Na?aAal Ssal
Deborah L 308n, Notary Public
Qaophin County
e,?yUehanna re5 Oct 20, 2014
cofrimut?on
Mem n INA Aeon of Notaries
By:,._
Elizabeth J. Goldstein, Esquire
Attorney for Plaintiff
n
?
rn
--4=
;:"n
cl
{ N
..c
93958091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO.
VS.
SUSAN DeREMER SLAGLE
AFFIDAVIT OF BUSINESS OR COMMERCIAL TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
Elizabeth J. Goldstein, Esquire, being duly sworn according to law, deposes and says that
she is attorney for Plaintiff named herein; that as such she is authorized to take this Affidavit on
its behalf; that the facts set forth herein are true and correct to the best of her knowledge,
information and belief, and that the facts set forth in the foregoing matter involve a business
transaction.
Dilworth Paxson LLP
By:
Eliza eth J. Goldstein, Esquire
Sworn to and Subscribed
before me day
of ? , 2012.
J47 ,. D_
Not*y Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L. Julian, Notary public
Susquehanna -rwp., Dauphin County
Commlaslon res OC4 20, 2014
Marna, wwwriia Association of Notaries
Attorney for Plaintiff
fV
Z
3
? N -!rn
93958091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO.
VS.
SUSAN DeREMER SLAGLE
ORDER FOR APPEARANCE
Kindly enter my appearance for Plaintiff, Orrstown Bank, and enter judgment against Defendant
Susan DeRemer Slagle.
Dilworth Paxson LLP
By:
El abeth Goldstein, Esquire
Attorney for Plaintiff
vii
93958091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. f
VS.
SUSAN DeREMER SLAGLE
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 8 Foxfield Court,
Mechanicsburg, Cumberland County, Pennsylvania.
Dilworth Paxson LLP
By:
Eli beth J. Goldstein, Esquire
Attorney for Plaintiff
c_
--r
93958091
t w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW D
NO. l oZ ' ??02 L??`"
ORRSTOWN BANK
VS.
SUSAN DeREMER SLAGLE
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF
JUDGMENT PURSUANT TO 42 PA.C.S.A. §2737.1. IF YOU WERE INCORRECTLY
IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF
JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S
FEES AS DETERMINED BY THE COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE
PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS:
Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment.
(a) (1) Relief from a judgment by confession shall be sought by Petition. Except
as provided in Subparagraph (2), all grounds for relief whether to strike off the judgment or to
open it must be asserted in a single Petition. The Petition may be filed in the county in which the
judgment was originally entered, in any county to which the judgment has been transferred, or in
any other county in which the Sheriff has received a Writ of Execution directed to the Sheriff to
enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing
was not voluntary, intelligent and knowing shall be raised only:
(i) in support of a further request for a stay of execution where the Court has
stayed execution despite the timely filing of a Petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule
2973.3.
(3) If written notice is served upon the Petitioner pursuant to Rule
2956.1(c)(2) or Rule 2973.1(c), the Petition shall be filed within thirty days after such service.
Unless the Defendant can demonstrate that there were compelling reasons for the delay, a
Petition not timely filed shall be denied.
(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.
93958091
(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
rl-- z/I J,4,?
BY:
Eliza eth Goldstein, Esquire
Attorney for Plaintiff
93958091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO.
VS.
SUSAN DeREMER SLAGLE
PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE
Notice is hereby given that a judgment in the above-captioned matter has been entered
against you on 2012.
By:
If 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
93958091
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stmart
Solicitor
OFFICE OF THE S14ERtrF
F r?tE ? D-blrFICr
JUL 24 AM 8,
28
COUNTY
Orrstown Bank
vs. ¢ase Numbs
Susan Deremer Slagle 2012-4002
SHERIFF'S RETURN OF SERVICE
07/13/2012 09:10 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states hat on July 1
2012 at 2110 hours, he served a true copy of the within Comph* t in Confession of Judg nt and PA
Rule of Civil Procedure 236 Notice, upon the within named defendant, to wit: Susan r Slagle, t
making known unto Robert Slagle, Husband of Defendant at 8 Foxfield. Court, Mechanic urg,
Cumberland County Pennsylvania 17050 its contents and at the same time handing to him personally
said true and correct copy of the same.
SHERIFF COST: $38.45
July 17, 2012
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
(c) CountySuite Shenff. Teleosoft Inc.
SO ANSWERS,
A (4
-&Z RON RANDS
,
Orrstown Bank : IN THE COURT OF COMMON PLEAS
v. : CUMBERLAND COUNTY, PENNSYLVANIA
Susan Deremer Slagle : NO. 2012-4002
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above judgment as satisfied for the property known as 8 Foxfield Court
as outlined in the attached Exhibit.
Respectfully Submitted;
//41/07(
Martin J. Weis, Esquire
$9 Bpd V/u'a1i
?Ski 0 01
C#•Zs'7/6 6
,e#297(97
MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF
IDENTIFICATION NO. 51379
DILWORTH PAXSON LLP
1500 MARKET STREET, SUITE 3500E
PHILADELPHIA, PENNSYLVANIA 19102-2101
(215) 575-7000
ORRSTOWN BANK CUMBERLAND COUNTY
COURT OF COMMON PLEAS
vs. CIVIL DIVISION
SUSAN DEREMER SLAGLE NO. 2012-4002
RELEASE OF LIEN OF JUDGMENT
TO THE PROTHONOTARY:
Plaintiff in the above-stated action, at the request of Defendant and for and in
consideration of the sum of Ten Dollars ($10.00) to us in hand paid by Defendant at the time of
execution hereof, the receipt of which is hereby acknowledged, do for ourselves, our successors
and assigns, covenant, promise, and agree, to and with the Defendant, her heirs and assigns, by
these presents, that we will not at any time hereafter sell or dispose of, attach or levy upon, or
claim or demand the premises known as 8 Foxfield Court, Mechanicsburg, Cumberland County,
Pennsylvania, more fully described in Exhibit "A" attached hereto, with the appurtenances or
any part thereof by virtue of the said judgment, so that the said Defendant, her heirs and assigns,
shall and may hold the same, free and clear of and from the lien of the said judgment; provided,
11292135_1
however, that nothing herein contained shall invalidate the lien, indebtedness or security of the
said judgment upon any other estate of Defendant.
Dilworth Paxson LLP
Date: Septembers ■, 2013 By: _
V it----
Martin . Weis, squire
Attorney for Plaintiff
2
11292135_1
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township,Cumberland County,
Pennsylvania,more particularly bounded and described in accordance with the Major Final Subdivision Plan for
The Peninsula(Phase 1),prepared by H.Edward Black&Associates,P.C.,more particularly bounded and
described as follows,to wit
BEGINNING at a concrete monument on the western right-of-way line of Foxfield.Court at the
dividing line between Lot-110 and Lot-109 on the hereinabove mentioned subdivision plan;thence along said
dividing line between Lot-I 10 and Lot-109,South 73 degrees 46 minutes 42 seconds West,a distance of 629.47
feet to an iron pin along the eastern right-of-way line of Conodoguinet Creek;thence along the eastern right-of-
way line of Conodoguinet Creek North 10 degrees 50 minutes 57 seconds West,a distance of 511 feet to an iron
pin along potherb lands now or formerly of Sample Bridge Associates;thence along the lands now or formerly
of Sample Bridge Associates North 81 degrees 30 minutes 00 seconds East,a distance of 428.30 feet to an iron
pin at the dividing line between Lot 108 and Lot 109;thence along said dividing line.between Lot-108 and Lot-
109 South 40 degrees 19 minutes 46 seconds Fact,a distance of 436.89 feet to a concrete monument along the
western right-of-way line of Foxfield.Court;thence along the western right-of-way line of Foxf eld Court on a
curve to the left having a radius of 50 feet an arc length of 65 feet to a concrete monument at the dividing line
between Lot-109 and Lot-I10;the point and place of BEGINNING.
CONTAINING 5.9597 acres more or less.
BEING LOT-109 on the hereinabove mentioned Subdivision Plan for The Peninsula(Phase 1)as
recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 65 at'Page 28.
BEING the same premises which Sample Bridge Associates by its deed dated January 13, 1994 and
recorded on January 24, 1994,in Deed Book"T",Volume 36,Page 772,in the Office of the Recorder of Deeds
in and for Cumberland County,Pennsylvania,granted and conveyed unto Robert L.Slagle and Susan D.Slagle,
husband and wife,the Borrowers and Mortgagors herein.
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