The URL can be used to link to this page

Home My WebLink About12-4003• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. r? .1/003 VS. , LIGHTSTYLES LTD. ENTRY OF APPEARANCE CONFESSION OF JUDGMENT Pursuant to the authority contained in the Guaranty 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, Lightstyles, Ltd. Principal: $691,708.50 Interest as of March 26, 2,166.12 2012: Loan Admin Fee 200.00 Legal Fees 3,000.00 Total $697,074.62 Dilworth Paxson LLP By: Elizabeth Goldstein, Esquire Attorney for Defendant 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYICAT*k CIVIL ACTION - LAW .;; -- ORRSTOWN BANK NO. VS. LIGHTSTYLES, LTD. COMPLAINT IN CONFESSION OF JUDGMENT -'C Plaintiff files this Complaint pursuant to Pennsylvania Rule of Civil Procedure 2951(b) for judgment by confession and avers the following: 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 Lightstyles, Ltd., a Pennsylvania Corporation with an address 1216 Claremont Road, Carlisle Cumberland County, Pennsylvania 17015. 3. Defendant, Lightstyles, Ltd., for good and valuable consideration, made and executed in favor of Plaintiff, Orrstown Bank, a Commercial Guaranty a Commercial Guaranty dated May 25, 2001 wherein Lightstyles, Ltd. unconditionally became guarantor to Orrstown Bank, for what was due and owing, or which thereafter might become due and owing to Plaintiff, Orrstown Bank, by Susan DeRemer Slagle ("Mrs. Slagle"). A true and correct copy of said Commercial Guaranty is attached hereto as Exhibit "A" and made a part hereof. 4. Mrs. 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 "B" and made a part hereof. 93966102 5. 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 Agreement (the note, as amended, is hereinafter referred to as the "Note"). A true and correct copy of said Mortgage Note Modification Agreement and Change in Terms of Agreement is attached hereto as Exhibit "C" and Exhibit "D" respectively and made a part hereof. The Promissory Note is in default due to, among other things, the failure of Defendant and others, despite demand, to satisfy existing judgments against them. 6. Mrs. Slagle., owes Plaintiff, Orrstown Bank, the following under the terms of the Note: Principal: $691,708.50 Interest as of March 26, 2,166.12 2012: Loan Admin Fee 200.00 Legal Fees 3,000.00 Total $697,074.62 7. Defendant, Lightstyles, Ltd., owes Plaintiff, Orrstown Bank, the following under the terms of said Commercial Guaranty: Principal: Interest as of March 26, 2012: Loan Admin Fee Legal Fees Total $691,708.50 2,166.12 200.00 3,000.00 $697,074.62 8. Said guaranty is in default for Defendant's failure to pay principal and interest when due and owing and the amounts set forth above are due. 93966102 9. Judgment has not previously been entered on the Commercial Guaranty in any jurisdiction. 10. There have been no assignments of said guaranty. 11. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Orrstown Bank, demands judgment against Defendant, Lightstyles, Ltd., in the amount of $697,074.62. Dilworth Paxson, LLP By: Elizabeth Goldstein, Esquire Martin J. Weis, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717)236-4812 93966102 Exhibit A COMMERCIAL GUARANI'! P"' F L**' K* can I Coy References In the shaded area are for tender's use only and ono not limit the appl?biiky of this document to any particular loan or tem. An item above containing "" has been omitted due to text length limitations. Borrower: SUSAN DEREMER SLAGLE Lender: ORRSTOWN BANK 1261 CLAREIIf ONT RD. SILVER SPRING OFFICE CARLISLE, PA 17013 3 BADER POWELL LANE STE.1 MECHANICSBURG, PA 17050 Guamtor: ut3H'I' rn.M LTD. ,- S FOXFIELD CT. MEGHANtOSSURG, PA 17050 AMOUNT OF GUARANTY. This is a guaranty of payment ofthe Note, Including without limitation the principal`Notei' amount of Or* Million Fifty Thousand A t WWO Dollars ($1,05%0170.00). GUARANTY. For good and valuable cowaRiftfallion, LIGIITSTYLES, LTD. (`Guarantor") absolutely and urnsx Miftlonaffp guaranty" and promises to pay to ORRSTOWN (SANK ("Lewder") or its order, on demand, In lergal tender of the United State$ of lAmOrica, the bX16btednW (as that term Is defined below) of SUSAN DEREMER SLAGLE ("Borrower") to Lender on the terms and conditions set forth In this Guaranty. MAXIMUM LIABILITY. The mwrknum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described herein, plus all costs and expenses of (A) enforcement of this Guaranty and (B) collection and safe of any coal securing this Guaranty. The above limitation on iiabitify Is not a restriction on the amount of the Indebtedness of Borrower to Lender either In the aggregate or at any one time. if Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lenders rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liabilitywill be Guarantor's aggregate llabifty under the terms of this Guaranty and any such other untarminated guaranties. INDEBTEOMS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes the Note, Including (a) all principal, (b) all Interest, (c) all late charges, (d) all ban lees and loan charges, and (e) all collecton casts and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lender's attorneys' fees. DURATION OF GUARANTY, This Guaranty will We effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and willcontinue in full force until all Indelotednass shalt have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shelf have been performed In full. Release of any other guarantor or termination of any other guaranty of the indebtedness sumo!l not affect the liability of Guarantor under this Guarant y. A revocation Lender receives from arry one or more Guarantors shah not affect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Wit, from time to tare: (A)' to make one or more additional secured or unsecured loans to Borrower, to lease equiprnentor other goods to Borrower, or othernrnrise to extend additional credit to Borrower; (B) to after, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the indebtedness, inck.Kfing increases and decreases of the rate of interest on the lndebtsdness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Ids, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any such security; with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's. suretles, endorsers, or other guarantors on any berms or in any manner Lender may choose; (E) to determine how, when and what application of payments. and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereat, including without knitatbn, any norip tclal sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine:. (G) to sell, transfer, assn or grant participetlons in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty In whole or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been matte to Guarantee which would limit or qualify In any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not attire request of Lender, (C) Guarantor has full power, right and authority to enter into this Guaranty; (0) the provisions of this Guaranty do not conflict with or result In a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law. regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Under financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial Information which will be provided to Lender Is and will be true and correct In all material respects and fairly present Guarantor's financial condition as of the dates the financial Information is provided; (G) no material adverse change has occurred in Quatenlor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition. (H) no litigation, claim, Investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor Is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrow. and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately Informed from such means of any facts, events, or circumstances which might in any way affect Quarantoes risks under the Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any Information or documents acquired by Lender In the course of its relationship with Borrower. GUARAN'TOR'S WAIVERS, Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to conffnue lending money or to extend other credit to Borrower, (B) to make any presentment; protest, demand, or nom of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaation on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or fn connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor-, (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor. or any other person; (E) to give rtatice of the terms, time, and place of any pubic or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code, (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. In addition to the waivers set forth above, 0 now or hereafter Borrower is or Shad become insolvent and the Indebtedness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and gives up In favor of Lander and Borrower, and Lender's and Borrower's respective successors, any claim or rfglt to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shalt Guarantor be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. COMMERCIAL GUARANTY (Conflnued) Page 2 Guarantor also waives any and all rights or defenses arising by reason of (A) airy 'one action' or 'anti-deficiency" law or any other law which may prevent Lender from bringing any action, InckKlirtg a claim for deficiency, against Guarantor, before or after Lerxtora commencement or completion of any foreollowe action, either )ud;clalfy or by exercise of a power of sale; (B) arty election of remedies by Leader which destroys or otherwise adversely affects Guarantor's subrogation' rights or Guarantors rights to proceed against Borrower for reirmbuniament, including w VW tlrril atlorn, any loss of phis Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any dis + or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full 10"al tender, of the IntiebtJednese (D) any right to claim discharge of the Indebtedness on the basis of un)us"ad knpal[mveit of any collateral for the tndabtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor Is commenced, there is oulatandtng Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If mtarily or otherwise, payment is made by Borrower, vrtiether voluntarily or by any third party, on the Indebtedness and thereafter Lender Is forced to remit the amount of that payment to Borrower s1 trustee In bankruptcy or to any skrtsar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness. shall be considered unpaid' for to purpose of the enforcement of Vila Guaranty. Guarantor further waives and agrees not to assert or ruin at arty. time any deductions to the amount guaranteed under th(S Guaranty for any cldm of setoff, eountsrciaim, counter demand, reswupment or similar right, whether such ciakn, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTAN0114G WITH RESPECT TO WAIVERS Guarantor warrarits and agrees that each of the waivers set forth above is made with Guarantors full krimorfedge of Re slgnfficance and consequencesand that, under the circus, the waivers are reasoriable and riot contrary to public policy or law. ff any such waterer is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by taw or public policy. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender., whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower, becomes Insolvent Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower' tpo;pi any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent kilokk on of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the asaft of Borrower applicable to the payment of the calms of bath Lender and Guarantor shall be paid to Lander and stall be first applied by Lender to thew Indebtedness of Borrower to Lender. Guarantor does hereby assign for Lender all claims which it may have or acquire against Borrower or against any assignee or trustee In bankruptcy of Borrower, provkfed however, that such assignment std' be effective only for the purpose of assuring to Landon full payment In legal tender of the IndeblIednees. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligrdtions of Borrower to Guarantor shall be marked with a legend that the same we subject to this Guaranty" shah be delivered to Lender. Guarantorsaress, stint Lender Is hereby authorized, in the name of Guarantor, from time to time to execute and ft financing statements and continuation letatementa°ard to execute such other documents and to take such other action as Lender deems necassary or appropriate to petted, preserve and enforce its rim under this Guaranty, CONFESSION OF JUDGMENT. Guarantor hereby Irrevocably authorizes and empowers any attomey-at-law to appear kv any court of record and to confess judgrnent.agaimst Guarantor for the unpaid amount of this Guaranty as evidenced by an affidavit signed by an officer of Lender setting forth the amount then due, dlfameys' fees plus costs of suit, and to release all errors, and waive all rights of appeal. It a copy of this Guaranty, verified by an ail davk, shall, llama been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Guarantor wakes the right to any stay of execution and' the benefit of all exemption laws now or hereafter in efied. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be Invalid voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on iQ Guaranty have been paid In full. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amerdmertts. This Guaranty, together with any Related Documents, constitutes the entire understanding and ' of Via parties as to the agreement matters set forth in this Guaranty. No afteration of or amendment to this Guaranty shall be effective unless given in wrilting and signed by the party or parties sought to be charged or bound by the alteration or amendment Attorneys' Foes; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including Lender's attorneys' fees and Lender's legal expenses, incurred in comb with the enforcement of this Guaranty, Lender may hire or pay someone else to help enforce this Guaranty, and Gusimkntor shall pay the costs and expenses of such enforcement Costs and expenses iodide lenders attorneys' fees and legal expenses witettter or not there is a lawsuit, Including attorneys' fees and legal expenses for bankruptcy procesdkigs (inclding efforts to modify or vacate any automatic stay or inoictiort), appeals, and any anticipated post judgment collection services. Guarantor also shall pay, all court cost and such additional fees as may be directed by the court. Caption Headtrigs. Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of this Guaranty. fntsgration. Guarantor further agrees that Guarantor has read and folly understands the terms of this Guaranty; Guarantor has had the opportunity to be advised' by Guarantor's attorney with respect to this Guaranty; the Guaranty fully astlects GuaraMr's intentions and parol evidence Is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lenderharmiese from all losses, claims, damages, and oxosts (k olludirig Lender's attorneys' tees) suffered or Incurred by Leader as a result of any breach by Guarantor of the warranties, represerttailo s and agreements of this paragraph. Interpretation. In all cease where there is more that one Borrower or Guarantor, then all words used in this Gtaorrttt In the singular ahall be. doomed to have been used in the plural where the context and construct tlon so require; and where -there Is more than one Borrower named In this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and 'Guarantor' respectively shall mean d and any me or more of them. The words 'Guarantor," 'Borrower," and''t.endae Include the heirs, successors, assigns, and transferees of each of them. It a court finds that any provision of this Guaranty Is not vaild or should riot be enforced, that fact by Itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the nest of the provisions of this Guaranty even If a provision of this Guaranty may be found to be ktveHd or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability compartfee, or sirnifar arittles, it I& riot necessary for Lender to InquireInto the powers of Borrower or Guarantor or of the officers, directors, paMers, managers, or other agent acting or purporting to act on the behalf, and any Loan Indebtedness made or created in reliance upon the professed exercise of such powers sitall be guaranteed under this Guaranty. Nothms. Unless otherwise provided by applicable law, any notice requited to be given under this Guaranty shall be given for writing, and shall be effective when actually dsWersd, when actually received by telnfacaimile (unless otherwilse required by law), deposited with a nationally recognised overniot courier, or, If mailed, when deposited in the Unked Staest mafF as *at class, certified or mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Any party may change its address for notices this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the party's adds. For notice purposes, COMMERCIAL GUARANTY (Continued) page 3 Guarantor agrees to keep Lender Informed at all tines of Guarantor's current address. Unless otherwise provided by applicalble taw, N there is more than one Guarantor, any notice .given by Lender to any Guarantor Is deemed to be notice given to ail' guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver Is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operals as a waiver of such right or any other right, A waiver by Lander of a provision of ft Guaranty shall not prejudice or wnstdbrte a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shah constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by lender In any Instance shall not constkrste continuing consent to subsequent Instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Surxroalsors and Atssigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender,and its successors and assigns. DEFl'ifitf LIONS. The fall {t capblized words and terms shall have the fallowing meanings when used In this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounnts Is lawful money of the United States of America. Words and terms used In the singular stall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined In this Guaranty shall have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The.word "Borrower' means SUSAN DEREMER SLAGLE, and all other persons and entities signing the Note in whatever capacity. Guarantor. The word "Guarantor` means each and every person or entity signing this Guaranty, Including without limitation LIGHTSTYLES, LTD.. Guaranty. The word `Guaranty' means the guaranty from Guarantor to Lender, Including without Inaction a guaranty pf.all or part of the Note. Indebtedness. The word "Indebtedness" means Borrower's Indebtedness to Lender as more particularly described in this Guaranty, Lender. The word "Lender" means ORRSTOWN BANK, Its successors and assigns: Now The word 'Note" means the promissory -note dated May 25, 2001, in the original prin an Kurt of $1,6'iOjilla 00 from Borrower to Lender, together with all renewals of, extervelora of, modiftcat of, refinancings at, consolidations of, and sins for the promissory note or agreement. Related Docurents. The words `Related Documents" mean all promissory .notes, credit agresments, ban agreements, environmental agrearnerrla, guOrantiss, secV agreernernts, mortgages, deeds of bust, eecurfty deeds, collateral mortgages, and all other Instrtanents, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR 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 GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL. BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE. UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR' SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FPM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR 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 GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVIS ONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO ITS TERMS. THIS COAL GUARANTY IS DATED MAY 25, 2oo1. THIS GUARANTY IS GIVEN UNDER SEAL AND tT IS INTENDED THAT THIS GUARANTY IS AWD SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AF.l.M?\fY - Iw"NoUftft : a.,toeraaMO.+,w i :1 a+ar.Mt tomoiraruvru -a Vokmxiian •o-s,a P*,t Exhibit B PROMISSORY NOTE MOW L 0801ca" Aunt References in the shaded area are for Lender's use only and do not Itmh the applicability of this document to arty particular loan or Rem. An Item above containing ""'" has been omitted due to text length limitations. Borrower: SUSAN DEREMER SLAGLE Le c%r: ORRSTOWN BANK 1281 CLAREMONT RD. SILVER SPRING OFFICE CARLISLE, PA 17013 3 HADEN POWELL LANE 13'['E. I MECHAWSBURG, PA 17060 Principal Amount: $1,050,000.00 Date Of Note: May 23, 2001 Maturity Dats: November 25, 2021 PROMISE TO PAY. SUSAN DEREMER SLAGLE ("Borrower") promisee to pay to OR.RSTOWN BANK' ("Lender"}, or order, In lawful money of the United States of America, the principal amount of One Million Fifty Thousand S 0011100 Dollars ($1,050,000.00), 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, Borrower will pay this loan on 00x6.. Payment In full is due Immediately upon Lender's demand, if no demand to made Borrower wig pay this loan In accordance, the following payment schedula: 8 monthly consec?ra irnteraet payments, beginning June 25, 21301, with Interest calculated on ties uplrbx*W balances at an Interest rate of 8.000% per annum; 48 monthly eoneecu"ve ptlncdpisi:arnl interest payments in the Initial amount of SR670-62 each, beginning December 2rh 2001, with Interest calculated on the unpaid principal bole, s at an Interest rate of 8=00074 per annum; 191 monthly consecutive principal and Interest paymants In the Initial amours; of $8,336.08 Inch, beginning December 25, 2005, with Interest calculated on the unpaid principal baknom at an IRCerest reWbased on the CL-WALL STREET PRIME (currently 7.ODO%), resutting In an initial Interest rate of 7.0W%; and one princ * and Interest payment of $8,337.22 on November 25, 2021, with Interest calculated on the unpaid principal balances at an interest rate based on the CL-WALL STREET PRIME (currently 7.000%), ram" in an lnitlal interest rate of 7.00074. This astitnaed final payment Is based on the assumption that all payments will be made exactly as scheduled and That the Index dose not change; that actual final payment will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts carder this Note. Unless otherwise agreed or "Wed by applicable law, payments will be applied firm to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual interest rate for this Nate Is computed on a 3&511366 basis; that is, by applying the ratio of the smusl lnterest 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, The interest rate on this Note is sAect 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 thte Index becomes unavailable during the. term of this loan, Lander may designate a substitute ktdex after notice to !Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The Interest rate tinge will not occur more tat it= each day. Borrower understands that Lander !may make loans based on other rates as well. The Index currently Is 7.000% per annum The interest rate or rates to be applied to tt* unpaid principal balance of this Note will 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 rate for each subsequent payment stream will be effective as of the tact payment date of the )ust-anding payment sovern. NOTICE: 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 loans 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 (D) continue Borrower's payments at the same amount and Increase Borrower's final payment. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender Is ernthlet to the following prepayment penskj : Should Borrower prom all or any amonurt of principal during tha next four (4) years, the Borrower shaft be assessed against the amount lad, a four percent (4.00%) prepayment penally. The assessment percentage shall decrease one percent (140%) per annum to per. Lender gas that excepted from this aeaerurwd will be principal payments that am ge> egad ae a result of op*WJon of the business for which the best-was extended Spechficahty not excepted will be any prapsyme+nte generated as a result of a reflhenctng at any other financial Institution. Except for the foregoing, Borrower may pay all or a portion of the amount owed-eefter than Is due, Eicrty payments will not, unless agreed to by Lender in writing, relieve Borrower or Borrowear"s oblivion to continue to make payments urpfer the payment schedule. Rather, they will reduce the principal balance due and may resent In Sprrowesr makIntg fewer payments. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlict than it is due, Early payments will not, unless agreed to by t ender In Writing, relieve Borrower of Borrower's obligation to continue to make payments u ndsr the payment schedule. Rather, early payments wilt 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 lartguage. If Borrower sends such a payNh ont, Lend 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 Letdar. All written Gpmmnmicatlons conceming disputed amounts, including any check or abler 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 full satisfaction of a disputed' amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. It ai payment is to days or more We. Borrower will be charged 5.00070 of the regularly scheduled payment or $50400, whicheaer is greater. INTEREST AFTER' DEFAULT. Upon default, Including failure to, pay upon final maturity, the total sum due under this Note will bear interest from the date of acceleration or maturity at the variable Interest rate an this Note. The interest rate will not exceed the maximum rate permitted by applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of 00%utr) under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower falls to, comply` with or to perform any other temp; obligation, covenant or condition contained in n 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 tD Lender by `Borrower or on Borrower's behalf under this Note or the related documents Is false or misleading In any material respect, e1t1w now or at the time Made orfumished or becomes false or misleading at any time, thereafter. Death or Insolvency. The dearth 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 assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency taws by or against Borrower. PROMISSORY NOTE (Continued) Page :2 Creditor or ForteHure Frposedings. 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 coral 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 It there is a good faith dispute by Borrower as to the validity or reasonableness of the claim 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 Aflectft Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantordie& or becomes Incompetent, or revokes- or disputes the validity of, or ilab) V under, any guawty of the indebtedness evidenced by this Note. In the event of a death, Lender; at Its option, may, but shall net be required. to, permit the Guarantor'8 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 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 'bell insecure. Cure Provisions. If any default, other than a default In payment is cxaable and, It Bfxr[ower 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 (And no event of default will have occurred) If Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) If the cure requires more than fifteen (15) 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 assrreasonably 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 Borrowerwiilpay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to hey collect this Note if Bono»hrer does not pay. Borrower will pay Lender that amount. This Includes, subject to any Omits under applicable few, I ertder'S attorneys' fees and Lander's kngal' expens", whether or not there is a lawsult, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify, or vale 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. RIGHT OF SETOFF. To the extent permitted by atpplicable taw, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This inotudes'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 prohibfted by law. Borrower authorizes Lander, 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 Lenders option, to administratively freeze all such accounts to allow Lender to protect Lenders charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note Is secured by a Mortgage dated May 25, 2001, to Lender on real property described as "Real Property Weed at 1281 CLAREMONT RD., CARLISLE, PA 1701W and located in CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby Incorporated and made a part of this Note; an Assignment of All Rents to Lender on real property described as 'Real Property located at 1261 CLAREMONT RD., CARLISLE, PA 17013" and located In CUMBERLAND Canty, Commonwealth of Pennsylvania, all the terms wd,conditions of which are hereby incorporated and made a part of this Note; a Mortgage dated May 25, 2001, to Lender on real property described as "Real Property located at 37 HAMPTON'S 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 this NoW a Mortgage dated May 25 2001, to Lender on real property described as 'Real Property located at 3013 HOCKERSVILLE RD., HERSHEY, PA' and located in DAUPHIN County, Gommmonw n of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note; and an Assignment of All Rents to Lender on real property described as "#3eal Property located at 3% HOCKERSViLLE RD., HERSHEY, PA" and located in DAUPHIN County, Commonwealth of Pennsylvania, all the tears and conditions of which are hereby incorporated and made a part of this Note. 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 Mortgage 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 Lander with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial infuriation, required by the Lender's Original Commltment Letter to the Borrower, on an annual basis. It the Lender does not receive the required financial Information within two hundred seventy (270) days of the Borrower's fiscal year end, the Lender has the right to increase the Interest rats charged on this Nate by 0125% The Borrower shall receive written notification ten (10) days prior'ta the Lender Increasing the Interest rate charged on this Note. SUCCESSOR INTERESTS. The thrns of this Note shalt be binding upon Borrower, and upon Borrowees"helm, personal represen ea, 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 REPORTELG AGENCIES. Please notify us if we report any, Inaccurate Information about yarn account(s) f a consumer reporting agency. Your written notice describing the specific Inaccuracy(les) should be sernt to ors at the following address: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. This Note Is payable on demand. TheInclusion 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 eMotcing 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 law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of the Note, and unless, otherwise expressly stated In writing, no party who signs this Note. whether as maker, guarantor, aocomrnadation maker or endorser, shall be released from Ilablitty. 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 parry with whom the modification Is made. The obligations under this Note are joint and several. It any portion of this Note is for any reason determined to, be unenforceable, It will not affect the ernforceatrNky 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 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 ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN 'FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE PROMISSORY NOTE (Continued) Page 3 IMMEDIATELY; AND FOR $O DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL 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 SIQ*M THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS MOTE, 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: r x walk AN ,Ind pAOSn"M%M V*M S.1&11.N..10Ooec~ h-WV, 6.Mw'J,AW M.%lft1ft.e.d• -PA ?. ThT1tl Flkt? Exhibit C 0 1 i MORTGAGE NOTE MODIFICATION AGREEMENT Loan # 26375009001 MADE this 30'h day of June 2003, BETWEEN ©RRSTOWN BANK, a Pennsylvania banking corporation, hereinafter referred to as. "ORRSTOWN", AND Susan Deremer Slagle, hereinafter referred to as "Borrower", Robert L Slagle and UghtStyles LTD, hereinafter refen-ed to as "Guarantor". WHEREAS, Orrstown is the present holder of a certain mortgage note between Onstown, 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. NOW, 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 force and effect and are hereby ratified and affirmed. 3. This agreement shall extend to and be binning upon the respective heirs, executors, administrators, successors and assigned of the parties hereto. 4., UVLI VVJ I'kl' M',NFaSSWHRUOP, the parties Ito hsv* havo nto ** hook and seals the day, month and your a£osasaid. c a?trc -t- ?j BANK tea. t le ey S. Gaymen Vrioe idwt. EY6t6lt A The origin rate?of 800% fixed for the flat 54 vm*s ofthe nat sWi #, fled to a to g mte equal to the Weil 9teet Y'oumal Nme Rus + 4% until) to mat* date off said ratz rduaced he . The rawly zefr ccd rate," b on, the dea of this ModificOm Avve went and pay s will a4un, to refieatt the now rate. No other tsrnas and oondidons of the mwrtpp note shall be cha cd• 7 CORPORATE ACKNOWLEDGEMENT STATE OF PENNSYLVANIA SS COUNTY O)l, i On this the day of , 2 , before me, a notary public, personally appearmd Jeffrey S. day who acknowledged himself to be the Vice President of Orrstown Bank, -a coupe on, and that he as such Vice 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 Vice President. In Witness Whereof, I have here set my hand and official seal. NMS" P IC' P&nW&J. K=1* N01Wy PubdC N 800MddW"TV*' Cu md0=1ty M 0XM* IfW WS@PL 18, 2006 Men'fi0r; A+A?anOFNolauies INDIVIDUAL ACKNOWLEDGEMENT STATE OF PENNSYLVANIA SS COUNTY OF Cumberland On this the, "''- day of , 2U?, before me, a notary public, personally appeared Susanetne lagle and Robert L. Slade, known to me or satisfactorily proven to be whose names are subscribed to the within instrument and acknowledge that they executed the same for the purposes therein contained. In Witness Whereat I hereunto y hand and official seal. Notary lic fel.8eet tlo?ryPutic HNC Me mber, or CORPORATE ACKNOWLEDGEMENT STATE OF PENNSYLVANIA COUNTY OF Cumberland : SS On this the,day of 2OaV before me, a notary public, personalty appeared Robert L. Slag khoA ack nowledged himself to be the President o LightStyles, LTD, a corporation, an he as 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 her o set my hand and fficial seal. .- rj.sa? -- NOWN Seel bftro * J.lA,earle, N*wy PtUc $M4hMidcfpW T* G 4m1and CarKy My Casx**M BOM Sept 18, 2008 Mar AW, PeMWv8d8AssoCWm Nt Wfts V Exhibit D 1j,+NGE IN TERMS ,AIGREEMI 1 ITT= References in the shaded area are for Lender's use only and do not limit the applicability of this docurniont to any particular loan or Item. An hem above containing "••"" has been omitted due to text ,length limitations. Borrower: Staan B Dereme r 131 Lender: ORRSTOWN BANK 8 Foxfold Court 77 EAST KING STREET Mechanicsburg, PA 17055 P O B61X M SHIPPENWRO. PA 17257 Principal Amount: $917,397.61 Date of Agreement: August 10, 2006 Maturity Data, November 25, 2021 DESCRIPTION OF EXISTING INDEBTEDNESS. Pwrialsorry Note dated May 25, 2001 In the original amount of $1,050,000:00. DESCRIPTION OF COLLATERAL. Mortgage` recorded' May 25, 2001 in Book 1710, Page 137 and a Mortgage recorded 5-2R-01, in Book 3980, Page 136. DESCRIPTION OF CHANCIE IN TERM& The original Interest rate of 8.00% that was fixed until November 25, 2405 as referenced in the original rote dated May 25, 2001 and modified on June 27, 2003 to a rate equal to the Wall Street Journal Prime Rate plus 0.50%. Effective August 25, 2006 the interest rate shell be modified 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 Walt Street Journal Prime Rate plus 0.50%. Should Borrower prepay all or any amount of principal during the next five (5) years, the Borrower shaff be assessed against the amount prepaid, a five percent (5.00%) prepayment penalty. The assessment percentage shall decrease one percent (1.0091,) per annum to per. Lender acknowledges that excepted from this assessment will be principal payments that are generated as a result of operation of the busineas for which the loan was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at shy 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 balartca due and may result in Borrower making fewer payments, . PAYMENT, Borrower will pay tills ken In full Immediately upon Lender's demand. If no de email is made. subject to any payment changes resultktg from u hoVes In the lnt1sx. Borrower will pay this loan in ecowdonco with the following payment schedule: 60 monthly consectrtltre W'lncipal and irterest payer in the Ntrltlel amount of $8,513.06 each, beginning September 26, 2006, with meat calculated on the unpaid principal balonciea at an initial discounted fwarest rate of 7.500% per anown;' and 123 rnonthy consecutive prkw*W and interest payments In the initial amount of $9.004.08 each, beginning September 25, 2019, with Interest caloulated on the unpaid principal balances at an interest rate based on the wail Street Ptb»e famently 8.250%), plus a nwgln of 04100%, 'resulting In an initial interest rate of 8.750%. Borrower's final payment wN be duo on November 25, 2021 and vial! be for all principal and accnied Interest not yet paid. together with any other unpaid amounts on this loan. Unless oilhar <ise agreed or required' by applicable law, psymerft wuiiff be applied first to any accrued unpaid interest, than to WkWPW. than to any W9610 Eton costs: and then to my late charges. Interest on this loam is computed on a 3651360 simple interest boots: that Is, by applyktg *a ratio of the annual interest raft ever a year of 380 days, -mt tipited by the outstanding principal balance, muE ed by the actual number of days the prinaipef balance is outstanding. Borrower wifl pay Lender at Lender's address shown above or at such other place as Lender may designate In wrfdng, VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this loan will be 7.500%. Thereafter, the Interest rate on this loan 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 neceseariy 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 notifying Borrower. Lender 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 $.2,50% per atmutrt. The interest rate or rates to be applied to the unpaid principal balance during this loan will 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 stream. NOTICE: Under no circumstances will the interest rate on this loan be more then the maximum rate allowed by applicable taw. 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, (B) 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. Upon prepayment of this Agreement, Lender Is entKad to the following prepayment penahy: Should Borrower prepay ag or any amount of prbtcipai duurbtll the next five (S) years, the Borrower shell be seasoned aga r the smou t prepaid, a five percent (5.00%) prepayment penalty. The assessment percentage shag decrease one percent 11.00%) per annum to par. Lender acknowledges that excepted from this assessment will be pry payments that are generated as a result of operation of the business for which the loan was extended'. Specifically not excepted will be any prepaytnw is gemnimetd as a result of a refhtencing at any other financial Institution. Except for the foregoing, Borrower may pay all or a portion of the amount awed earlier than Is due, Early peyrnants will not unless agreed to by Lender In writktg, relieve Borrower or Borrower's obligstl1on to cond ttra to matte payments under the payment schedule. Rather, they will reduce the principal balance due and may reault In Borrower mskbV fewer payrnw ts.. Except for the foregoing, Borrower may pay all or a portion of the amount owed ssWer 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 agreas 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 Agreement, 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 full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 2501 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, the Interest rote cn this loani shalt be Increased by adding a 3,000 percentage point margin (lbefe ult Rate MwWn"). The Defoult Rata Margin shah also apply to each succeeding interest rate change that would have applied had there been eta 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- described in this Agreement. If judgment Is entered in connection with this Agreement, 0, 1 HANGS IN TERMS AGREEMP-ov r Loan No: 26375009001 (Continued) Page: 2 interest will continue to accrue after the date of judgment at the rate in effect at the time judgment Is entered. However, in no event wilt the interest rate exceed the maximum interest rata limitations under applicebts law. DEFAULT. Each of the following shad constitute an 'Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the indebtedness. Other t qr. Borrower fails to comply with, or to perform any other term, obligation, covenant or condition contained In this Agreement or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any tither agreement between Lender end Borrower. F41*e 4itahments. Any warranty, representation or statement made or fundshed-to Lander by Borrower or on Borrower's behalf under this Agreement or the Related Documents Is false or misleading in any materiel respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Daeth 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 assignment for the benefit 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 governmental urgency against any 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 If there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim winch Is the basis of. the creditor or forfeiture proceeding and # Borrower Vim Lander written noticeof the creditor or forfeiture proceeding and deposits with Lander monles 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 Afhatlno Guarantor. Any of the preceding eventa 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 ,& death, Lander, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guerenty in a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Adverse Clu rigs. A material adverse -Change occurs In Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness; is impaired. Insecurity. Lender in good faith believes Itself Insecure. Cure Provisions. If any default, other than a default In payment Is curoble and if Borrower has not boon given a notice of a breach of the same provision of this Agreement within the preceding twelve (121 months, it may be cured if Borrower, after receiving written notice from Lender demanding cum of such default: (1) cares the default within fifteen (15) days; or (21 if the cure requires more than fifteen (15) days, immediately Initiates steps which Lender deems in Lender's We 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, Lander may, after giving such notions as required by applicable law, declare the entire unpaid principal balance under this Agreement: and all accrued unpaid Interest immediately due, and than Borrower will pay that amount. ATTORNEYS' FEES: EXPIi LASES. Larder may hire or pay someona else to help collect this Agreement if Borrower does not pay. Borrower will pay Lander that amount. This Includes, subject to any limits under applicable law, Lander's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, Including attorneys' fear, 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 wales the right to any Airy trial In any action, proceedliW or counterdalro brought by sitter Lander 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 also and, of 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 Lander, to the extent permitted by applicable law, to charge or setoff all sums owing an 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 Agreement is secured by the followingrn collateral described in the security Instrument listed herein: a Mortgage dated August 10, 2006, to Lender on real property located In County, Commonwealth of Pennsylvania. 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, all the terttla and conditions of which are hereby Incorporated and made a part of this Agreement. CONTINUING' VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including an agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It Is the Intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lander In writing. Any maker or endorser; including accommodation makers, will not be released by virtue of this Agreement. It any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is glvsn conditionally,, based on the representation to Lender that one norrsigning party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any Initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR IINT£RESTB. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representethres, successors, and assigns, and shall be enforceable by Lander and its successors and essigns. NOTIFY US OF INACCURATE 04MRPAATFON WE REPORT TO CONSUMER REPORTING AGENM. Please notify us If we report any inaccurate information about your account(a) to a consumer reporting agency. Your written notica>describing the specific heoeuracy(lss) should be sent to us at the following address: ORRSTOWN BANK, 77 EAST KING STREET", F O BOX 250, SHIPPENSBURG, PA 17257. MISCELLANEOUS PROVISIONS. This Agreement Is payable on demand. The inclusion of specific default provisions or rights of Lender shall not ' y to LrtARNGE IN TERMS AGREEMEN Loan No: 26376009001 (Continued) Page 3 preclude Lender's right to declare payment of this Agreement on its demand. It any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. 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 Lander may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or colistaral or impair, fail to realize upon or perfect Lender's security Interest In the collateral,, and take any other action deemed necessary by Lander without the consent of or notice to anyone. All such parties also agree that Lander 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 Agreement are Joint and several. If any'pordon of dtis 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 BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (9500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO' DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT 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 AGREEMENT, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATER 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 AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS Of THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X (Seat) t?----? wWrttat.erwIVw.S,ItI0.0UlCrhr•IWfrwdlir•lWtt?tW.Ua14s7:iQOL A4tMrwna„w1 -MRMJIIIt!LID]GC,IC 71407r7tMF1 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF FRANKLIN Bradley Tanguay, being duly sworn according to law, deposes and says that he is Vice President of Orrstown Bank, Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf; that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief. Bradley Tanguay Vice President Sworn to and Subscribed before me this day of fur, P 012. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christiana R. Timmons, Notary Public Chambersburg Swo, Franklin County My Commission Dores March 3, 2014 Member, Pennsylvania Association of Notarles 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. j-).1/603 awf VS. LIGHTSTYLES, LTD. 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. Sworn to and Subscribed before me lo? ?'` day of rt , 2012. Notary -Public Dilworth Paxson LLP By: CQ4 A U4 - Elizabeth J. oldstein, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. JuIWn,?NotarV PublkCounty SuW anne res ? 20, 2014 C,OMM?n Membef nWlvar?le hs?ladon of Notaries r tv C C C>n CD 73 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. 1 ;j. ,VX3 &t VS. G^ LIGHTSTYLES, LTD.' AFFIDAVIT ,Q? COMMONWEALTH OF PENNSYLVANIA: SS ` COUNTY OF DAUPHIN Elizabeth J. Goldstein, Esquire, attorney for Plaintiff, hereby certifies that the above- captioned matter is not an action by a seller, holder or assignee arising out of a retail installment sale, contract, or account. Dilworth Paxson LLP By: ?4? AL4-6- E-Iizabeth J. Goldstein Attorney for Plaintiff Sworn to and Subscribed before me this /b? 44- day of _ , 2012. 0 -P a Notary Vublic COMMONW OF PENNSYLVANIA Notarial Seal Deborah L. JURAN Notary Public wnuvwne TWP•, dauphin County COMM OC4 20, 2014 N+enla AtllvAabon of Notaries MOMWI 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ` ORRSTOWN BANK Vs. LIGHTSTYLES, LTD. NO. I 2 • (7W3 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: 4 E izabeth J. Goldstein, Esquire Attorney for Plaintiff Sworn to and Subscribed before me 1a ? day -a of 2012. c? ..e Nota Public COMMONWEALTH OF PENNSYLVANIA Noterlal Seal Z 71 Deborah L. Julian, Notary Public } Qn susquehanne TNP., Dauphin County _ ph,mpn Oct 20, 2014 Member: Pentiowenle Powdation of Notaries •. TVd3 -C 93966101 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. 1:2 - I VS. LIGHTSTYLES, LTD. ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT PURSUANT TO 42 PA.C.S.A. §2737.1. IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment. (a) (1) Relief from a judgment by confession shall be sought by Petition. Except as provided in Subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single Petition. The Petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred, or in any other county in which the Sheriff has received a Writ of Execution directed to the Sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the Court has stayed execution despite the timely filing of a Petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 29'58.3 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 93966101 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: fZX )" Eliza eth Goldstein, Esquire Attorney for Plaintiff 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. VS. LIGHTSTYLES, LTD. ORDER FOR APPEARANCE Kindly enter my appearance for Plaintiff, Orrstown Bank, and enter judgment against Defendant, Lightstyles, Ltd. Dilworth Paxson LLP By: Elizab Goldstein, Esquire Attorney for Plaintiff a c n -c A 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. VS. LIGHTSTYLES, LTD. 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 17015. Dilworth Paxson LLP By: Elizabeth . Goldstein, Esquire Attorney for Plaintiff v+ s -IR < CD as 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. l ;? - 0,T3 Lie? VS. LIGHTSTYLES, LTD. PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that `a judgment in the above-captioned matter has been entered against you on 2012. 0; Protho OW By: Deputy Prothonotary If you have any questions concerning the above, please contact: Elizabeth Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 93966101 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW X c rn... ORRSTOWN BANK NO. 12-4003 ,xr f-- -ta m ` f :L 1 vs. rr X <C) c? LIGHTSTYLES, LTD. X® 3 ` X- o o PRAECIPE TO WITHDRAW JUDGMENT .'< TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned case "withdrawn". Respectfully submitted, ELIZABETH J. GOLDSTEIN, P.C. By. - tk& Eliza eth J. Goldstein, Esquire Attorney I.D. #73779 355 North 21St Street, Suite 202 Camp Hill, PA 17011 (717) 724-0266 Attorneys for Plaintiff DATED: June 29, 2012 9523298_1 a ?tb R,soPdaf aT7LlH . A - 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: _ Eli abeth J. Goldstein Attorney I.D. #73779 355 North 21St Street, Suite 202 Camp Hill, PA 17011 (717) 724-0266 Attorneys for Plaintiff 9523298_1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1HE PP., 10'1 ti gt??tii?, at 11111b,"41" to 2012 JUL -3 AM 8: 25 CUMBERLAND COUNTY PENNSYLVANIA Orrstown Bank vs. Case Number . Lightstyles LTD 2012-4003 SHERIFF'S RETURN OF SERVICE 06/29/2012 09:15 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 29, 2012 at 0915 hours this Complaint in Confession of Judgment and Pennsylvania Rule of Civil Procedure 236 Notice upon defendant Lightstyles, LTD. is returned not served per request from Attorney Elizabeth J. Goldstein. SHERIFF COST: $28.45 SO ANSWERS, June 29, 2012 RONW R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK NO. /07 ° x/003 (2? v i vs. LIGHTSTYLES, LTD. PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 NOTICE Notice is hereby given that a judgment in the above- ption ma a as been en r d against you on ?? 52012. Prothonotary By: Deputy Prothonotary If you have any questions concerning the above, please contact:: Elizabeth Goldstein, Esquire Dilworth Paxson LLP 112 Market St., Suite 800 Harrisburg, PA 17101 (717) 236-4812 93966101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN:.YL N$1 CIVIL ACTION - LAW x-? ORRSTOWN BANKNO. /2 - Vau-5 ' N Cn ? D , vs. r -iCJ x -r+ LIGHTSTYLES, LTD. o _ ENTRY OF APPEARANCE CONFESSION OF JUDGMENT Pursuant to the authority contained in the Guaranty 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, Lightstyles, Ltd. Principal: $691,708.50 Interest as of March 26, 2,166.12 2012: Loan Admin Fee 200.00 Legal Fees 3,000.00 Total $697,074.62 Dilworth Paxson LLP By: Elizabeth Goldstein, Esquire Attorney for Defendant 93966101